[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 185 of 250 | ANN.lu |
Posted by Tigger on 22-Dec-2003 23:04 GMT | In reply to Comment 184 (Bill Hoggett): >>>>
That's extremely convoluted logic, depending on a whole bunch of "ifs" and "buts". I suspect any court judge would dismiss it as speculation.
>>>>
Not really, but I wasnt implying I'd put it in the court case, I'm not sure DE on Pegasos doesnt give them more money then AmigaOne, given the facts we have:
1) Bill McEwen doesnt list AmigaOne/Eyetech as a revenue stream in his deposition, Eyetech seems to be selling boards, why isnt Amiga Inc getting income from this???
2) Who is eating the cost of OS 4 on the sale of Amigaones?? I'm sure Hyperion isnt giving 100's of copies away for free, is Eyetech paying full price on the "free" OS for the Earlybird systems?? If not whos side got cut.
3) All financial information so far provided shows that $4.50 a board for Pegasos is more then Amiga Inc made from AmigaOnes, so not sure your thoughts are correct on the matter.
>>>>
Well, you're not normally inclined to believe what Bill claims, so why start now?
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Well 5 of the "employees" have claimed to still be employees on this and other boards, I just disagree with calling yourself an employee if someone doesnt pay you for over 18 months. And of course Bill listed a dozen plus unpaid employees in the depostion.
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However, whether it was doable or not is not the issue until the judge decides that it has to be done. At this point, that's just a claim, not a judgement.
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I dont think its up to debate whether Amiga Inc had to support the devices on the list of the contract. If they dont have the ability to complete the original contract, thats a pretty big issue.
-Tig |
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