[News] 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case | ANN.lu |
Posted on 21-Dec-2003 02:32 GMT by samface | 250 comments View flat View list |
There are 4 new filings in the civil docket for the Thendic Electronics, et al v. Amiga Inc case, including:
RESPONSE by Defendant Amiga Inc. (Entered: 12/19/2003)
AMENDED REPLY to Response to Motion filed by Plaintiffs (Entered: 12/16/2003)
DECLARATION of Bill Buck filed by Plaintiff Thendic Electronics Components (Entered: 12/16/2003)
ORDER by Judge Robert S Lasnik granting in part 31 Plaintiffs' Motion for Summary Judgment. (Entered: 12/19/2003)
A highlight from the latest ruling by Judge Lasnik:
Defendant's counterclaim is hereby dismissed for failure to prosecute. However, the Court declines to rule on plaintiffs' request for specific performance at this time. Plaintiffs' motion for summary judgment is renoted for 1/16/2004. Plaintiffs shall have until Monday, January 12, 2004 to submit a memorandum in response to the issues and concerns raised in this Order. Defendant, if and only if it retains counsel in the interim, may file a reply memorandum no later than 4:30 p.m. on Thursday, January 15, 2004. No extensions shall be given.
Visit the Civil Docket for the Thendic Electronics, et al v. Amiga Inc case here.
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4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 138 of 250 | ANN.lu |
Posted by Daniel Miller on 22-Dec-2003 13:10 GMT | In reply to Comment 128 (Johan Rönnblom): Johan Rönnblom says:
> However it may be, I don't think the judge will be impressed by McEwen's
> "evidence" on the matter, considering that:
> a) It was sent by him himself, and not by a legal representant for AInc.
> This is not just a formality since, as the judge points out, McEwen is
> simply not entitled to represent the company as a whole - he could
> represent himself as a person only.
> b) It was sent only to the court, not to the counsel of the opposing
> party.
> c) The 'evidence' in question consisted of an anonymous 'report', with no
> clues of who wrote it, where it has been published (if anywhere) or any
> cues for how to verify the information.
> d) Even if true, it would not automatically mean that AInc could ignore
> their contract.
> e) And in any case, the judge has decided that this filing shall be
> stricken from the case.
I think you are right about all that, and another thing that makes that weepy, grab-bag of allegations from Bill McEwen a real tactical error is that Judge Lasnik had previously instructed him not to send such communications. IMO this sort of thing is really frowned on by judges and lawyers because it insults their sense of professionalism. I mean these people go to law school for years to be able to do this stuff and then Bill McEwen pops up again, ready to play, with a fax that was more suited for a great ANN or MooBunny rebuttal than it is for a legal correspondence. And he does this right after the judge told him not to.
Whether "bbrv" has made casual public statements on Amiga discussion forums that contradict the stated goals of the lawsuit... I think this is something which is not easily admissable as evidence into the lawsuit. The judge is not going to want to get into all that. It would also open up for examination the tactics of Amiga Inc., who falsely claimed that Genesi's product MorphOS was based on "illegally obtained source tapes." The legal process must stay focused on what is pertinent to the case at hand. The judge will rightfully see this stuff as immaterial, and this is demonstrated by the fact, as you say, that he struck the McEwen fax from the record. |
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