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[News] Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former AttorneysANN.lu
Posted on 02-Oct-2003 05:11 GMT by Rich Woods (Edited on 2003-10-02 07:15:20 GMT by Christian Kemp)427 comments
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Amiga's Attorneys Are Granted Leave Leaving Amiga with NO Legal Representation. "This court hereby orders, judges and decrees, that Diana S. Shukis, Stephen P. VanDerhoef & Cairncross & Hempelmann P.S. may withdraw as counsel of record for Defendant Amiga, Inc. The withdrawal is effective immediately upon entry of this Order.

DONE IN OPEN COURT this 30th day of September, 2003.

/s/

Robert S. Lasnik"

Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 1 of 427ANN.lu
Posted by DaveP on 02-Oct-2003 03:44 GMT
....for the moment.
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 2 of 427ANN.lu
Posted by Amon_Re on 02-Oct-2003 03:57 GMT
In reply to Comment 1 (DaveP):
Exactly, it just says that the current lawyers can pack their bags & go, it doesn't mention anything about new lawyers.

I Supose that when/if Ainc get new ones they'll have to send in a simular thing?

Cheers
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 3 of 427ANN.lu
Posted by DaveP on 02-Oct-2003 04:06 GMT
In reply to Comment 2 (Amon_Re):
Who knows, I just wonder if Richard will either post public documents on it, or do it
so timely given his agenda.
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 4 of 427ANN.lu
Posted by Hagge on 02-Oct-2003 04:07 GMT
One small step for a lawyer, but a giant leap forward against the death of amiga inc?
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 5 of 427ANN.lu
Posted by dammy on 02-Oct-2003 04:30 GMT
In reply to Comment 3 (DaveP):
> Who knows, I just wonder if Richard will either post public documents on
> it, or do it so timely given his agenda.

Why? Is he intellectually dishonest or are you just spreading FUD? I'm sure you could ring up old SheepLord and have the court documents shipped to you for scanning that bare good news. There is good news, right DaveP? You would't be just there spreading FUD, would you?

Dammy
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 6 of 427ANN.lu
Posted by Anonymous on 02-Oct-2003 04:30 GMT
In reply to Comment 4 (Hagge):
Indeed.

Considering the earlier deposition where the company CEO testified under oath that they are insolvent, I'd find it totally amazing if someone would take the case anymore.

In order to pay the lawyers the firm needs to have income. If Amiga Inc has any income, they MUST use it to pay the debts they own to the company ex-staff (the defaulted cases).

One could speculate that once it became clear that they were never going to see any of their payment, the firm decided to ask for leave. I wonder, is this a valid reason to get it?

Things are looking pretty grim.
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 7 of 427ANN.lu
Posted by DaveP on 02-Oct-2003 04:39 GMT
In reply to Comment 5 (dammy):
> Why? Is he intellectually dishonest or are you just spreading FUD?

Im not saying either, Randy, I am saying that Rich Woods has an obvious agenda
against Amiga Inc. so I would not be surprised if he was selective about what
documents that appeared on his website ( and the timing of each ) and when they
appeared.

It is called having an opinion about someone else based on observation.

"Intellectually dishonest" is such a worn phrase that is missapplied so much
these days.


<snip usual ranting crap about sheeplords>

Dave.
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 8 of 427ANN.lu
Posted by Tigger on 02-Oct-2003 04:55 GMT
In reply to Comment 7 (DaveP):
>>>>
Im not saying either, Randy, I am saying that Rich Woods has an obvious agenda
against Amiga Inc. so I would not be surprised if he was selective about what
documents that appeared on his website ( and the timing of each ) and when they
appeared.

It is called having an opinion about someone else based on observation.
>>>>

Its not a terribly accurate observation however. We've seen documents from both sides during this lawsuit, and since Rich started posting them, no matter what side filed a document, a day or two after they were filed, they were posted. Unless I am reading it wrong, October 3rd is when Lasnik is ruling on the request from the Thendic lawyers. I'm sure we'll have some interesting reading come Monday or Tuesday.
-Tig
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 9 of 427ANN.lu
Posted by Anonymous on 02-Oct-2003 05:08 GMT
They could represent themselves. ahahahaha
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 10 of 427ANN.lu
Posted by Don Cox on 02-Oct-2003 05:16 GMT
In reply to Comment 7 (DaveP):
"Im not saying either, Randy, I am saying that Rich Woods has an obvious agenda
against Amiga Inc. so I would not be surprised if he was selective about what
documents that appeared on his website ( and the timing of each ) and when they
appeared.

It is called having an opinion about someone else based on observation."

You mean Rich has an opinion about Amiga Inc based on observation? He has certainly done plenty of observing.
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 11 of 427ANN.lu
Posted by Emeric SH on 02-Oct-2003 05:29 GMT
I wonder why don't we know about the case from an Amiga Inc point of view. I mean the departure of the attorneys. Do Amiga Inc plan to have new attorneys? Or do they simply drop the case?

Unless they are in complete denial, we will see "one side of the story". And it's pretty bleak.
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 12 of 427ANN.lu
Posted by Tigger on 02-Oct-2003 05:41 GMT
In reply to Comment 11 (Emeric SH):
>>>>
I wonder why don't we know about the case from an Amiga Inc point of view. I mean the departure of the attorneys. Do Amiga Inc plan to have new attorneys? Or do they simply drop the case?

Unless they are in complete denial, we will see "one side of the story". And it's pretty bleak.
>>>>

They can't drop the case, Thendic is suing them over breach of contract. They can not show up (which they did with the case with Bolten Peck & Matt Fontenot) and they will lose, or they can show up with new lawyers but my understanding is they cannot represent themselves in a Federal Court. The most interesting thing is why did Lasnik grant the motion, what did the attorney's tell him that convinced him to allow them to remove themselves from the case, and why didnt McEwen argue the point, especially if he doesnt have replacement counsel. As for them being in denial, look at Fleecy's comments about the lawsuits in his weekly 10 questions, and look at what Bill says in the deposition about not showing up for court, and thus having default judgements against them. These aren't people who take lawsuits seriously, despite the fact they keep losing them.
-Tig
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 13 of 427ANN.lu
Posted by AmigaFX on 02-Oct-2003 05:43 GMT
Ouch! Is the name "Amiga" truly cursed? With an OS update over 5 years out of date on already obsolete hardware, Amiga Inc. had better pull out a miracle to save themselves.
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 14 of 427ANN.lu
Posted by Rich Woods on 02-Oct-2003 06:04 GMT
In reply to Comment 3 (DaveP):
Posted by DaveP (213.36.40.149) on 02-Oct-2003 06:06:17

In Reply to Comment 2:
Who knows, I just wonder if Richard will either post public documents on it, or do it so timely given his agenda.
-----------------

Dave - I thought you'd be able to understand this 2 page document! Sheesh - you're making a FOOL out of yourself!

Considering the order was signed yesterday by Judge Lasnik and posted today - how much more timely can it get?

Can you do better with your "SOURCES"?
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 15 of 427ANN.lu
Posted by Anonymous on 02-Oct-2003 06:07 GMT
In reply to Comment 7 (DaveP):
> so I would not be surprised if he was selective about what
> documents that appeared on his website ( and the timing of each ) and when
> they appeared.


When and IF that happens, you can say something, until then it's like saying "In MY opinion, don't be surprised if DaveP were discovered robbing old ladies, since that's what I think he COULD do, it's my opinion, so don't question it".

> It is called having an opinion about someone else based on observation.

So you _observed_ the guy doing what you are pre-accusing him to?
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 16 of 427ANN.lu
Posted by Rich Woods on 02-Oct-2003 06:09 GMT
In reply to Comment 7 (DaveP):
Posted by DaveP (213.36.40.149) on 02-Oct-2003 06:39:56

In Reply to Comment 5:
> Why? Is he intellectually dishonest or are you just spreading FUD?

Im not saying either, Randy, I am saying that Rich Woods has an obvious agenda
against Amiga Inc. so I would not be surprised if he was selective about what
documents that appeared on his website ( and the timing of each ) and when they
appeared.

It is called having an opinion about someone else based on observation.

"Intellectually dishonest" is such a worn phrase that is missapplied so much
these days.


<snip usual ranting crap about sheeplords>

Dave.

---------------
Dave - here below is the ENTIRE COURT DOCKET - what has been entered and what has been filed.

You most likely will have to retain a lawyer for interpretation of this simple info - I am sure after paying an attorney for clarification - you'll begin to see the light!

-------------
U.S. District Court
Western District of Washington (Seattle)
CIVIL DOCKET FOR CASE #: 2:03-cv-00003-RSL


Thendic Electronics, et al v. Amiga Inc
Assigned to: Hon Robert S. Lasnik
Referred to:
Demand: $0
Lead Docket: None
Related Cases: None
Case in other court: None
Cause: 28:1332 Diversity-Breach of Contract


Date Filed: 01/02/03
Jury Demand: None
Nature of Suit: 190 Contract: Other
Jurisdiction: Diversity






Plaintiff
-----------------------

Thendic Electronics Components, a foreign corporation

represented by

Richard John Hughes
1424 FOURTH AVE
STE 909
SEATTLE, WA 98101
206-903-0664
Fax : FAX 903-6144
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Genesi Sarl, a foreign corporation located in Paris, France

represented by

Richard John Hughes
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED


V.



Defendant
-----------------------

Amiga Inc, a corporation in the state of Washington

represented by

Diana S Shukis
CAIRNCROSS & HEMPELMANN
524 2ND AVE
STE 500
SEATTLE, WA 98104-2323
206-587-0700
Fax : FAX 587-2308
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

Stephen P VanDerhoef
CAIRNCROSS & HEMPELMANN
524 2ND AVE
STE 500
SEATTLE, WA 98104-2323
206-587-0700
Fax : FAX 587-2308
LEAD ATTORNEY
ATTORNEY TO BE NOTICED





Filing Date

#

Docket Text


01/02/2003

1

COMPLAINT (Summons(es) issued) Receipt # 603192 (PM) (Entered: 01/08/2003)

01/10/2003

2

RETURN OF SERVICE of summons and complaint executed upon defendant Amiga
Inc on 1/8/03 (VK) (Entered: 01/10/2003)

01/28/2003

3

ANSWER to complaint [1-1] by defendant (VK) (Entered: 01/29/2003)

02/06/2003

4

ATTORNEY APPEARANCE for defendant by Stephen P VanDerhoef, Diana S Shukis
(VK) (Entered: 02/07/2003)

02/11/2003

5

ORDER RE: INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT.
Joint Status Report due 3/25/03 (cc: counsel, Judge) (KERR) (Entered:
02/12/2003)

02/18/2003

6

First AMENDED COMPLAINT [1-1] by plaintiff; adding Genesi Sarl as a pltf
(VK) (Entered: 02/18/2003)

02/18/2003

7

PRAECIPE: by plaintiff re: amended complaint [6-1] (VK) (Entered:
02/18/2003)

02/27/2003

8

ANSWER to first amended complaint [6-1] by defendant Amiga Inc (VK)
(Entered: 02/28/2003)

03/05/2003

9

PRAECIPE: by defendant Amiga Inc re: substituting answer [8-1] with the
attached (VK) (Entered: 03/06/2003)

03/24/2003

10

Pltfs' ANSWER TO AMIGA's COUNTERCLAIM (VK) (Entered: 03/25/2003)

03/25/2003

11

JOINT STATUS REPORT filed by all parties. Est. Trial Days: 2-4 (VK)
(Entered: 03/25/2003)

04/03/2003

12

MINUTE ORDER by Judge Lasnik setting Trial Date and Related Dates pursuant
to LR 16. Trial set for 12/1/03 ; Deadline to Join Additional Parties is
5/1/03 ; Disclosure of expert testimony due: 6/4/03 ; Discovery Motions to
be filed by <date not set> ; Discovery deadline set for 8/3/03 ;
Dispositive Motions to be filed by 9/2/03 ; Settlement conf. per CR
39.1(c)(2) by 10/2/03 ; 39.1 designation effective 11/1/03 ; Motions in
Limine deadline 11/3/03 ; Agreed Pretrial Order set for 11/19/03 ; Trial
briefs and exhibits to be submitted by 11/26/03 Court trial set for 2-4
days. (cc: counsel, Judge, KL) (VK) (Entered: 04/04/2003)

08/25/2003

13

NOTICE of Unavailability of counsel Diana S Shukis for Defendant Amiga Inc
from 9/1/03 to 9/16/03 (Temp4, ) (Entered: 08/26/2003)

08/27/2003

14

MOTION for Sanctions and Exhibit (Part 1 of 2) by Plaintiffs Genesi Sarl,
Thendic Electronics Components. Noting Date 9/19/2003. (Attachments: # 1
Exhibit (Part 2 of 2);# 2 Text of Proposed Order; # 3 Note for
Motion)(Temp4, ) (Entered: 08/28/2003)

08/27/2003

15

DECLARATION of Bill Buck filed by Plaintiffs Genesi Sarl, Thendic
Electronics Components in support of 14 MOTION for Sanctions (Temp4, )
(Entered: 08/28/2003)

08/27/2003

16

DECLARATION of Bolton Peck filed by Plaintiffs Genesi Sarl, Thendic
Electronics Components in support of 14 MOTION for Sanctions (Temp4, )
(Entered: 08/28/2003)

08/27/2003

17

DECLARATION of Richard Hughes and Exhibit (Part 1 of 2) filed by Plaintiffs
Genesi Sarl, Thendic Electronics Components in support of 14 MOTION for
Sanctions (Attachments: # 1 Exhibit (Part 2 of 2))(Temp4, ) (Entered:
08/28/2003)

09/17/2003

18

RESPONSE to Motion filed by Defendant Amiga Inc re 14 Plaintiffs' Motion
for Sanctions (Temp4, ) (Entered: 09/19/2003)

09/17/2003

19

DECLARATION of Diana S. Shukis filed by Defendant Amiga Inc in support of
18 Response to Plaintiffs' Motion for Sanctions (Temp4, ) (Entered:
09/19/2003)

09/17/2003

20

CERTIFICATE OF SERVICE by Defendant Amiga Inc for 18 Response to
Plaintiffs' Motion for Sanctions, 19 Declaration Diana S. Shukis in
Support. (Temp4, ) (Entered: 09/19/2003)

09/17/2003

22

DECLARATION of RICHARD HUGHES in Support of Plaintiff's Response for
14Sanctions, filed by Plaintiffs Genesi Sarl, Thendic Electronics
Components. (Temp5, ) (Entered: 09/19/2003)

09/19/2003

21

Plaintiffs' REPLY in Support of It's 14 MOTION for Sanctions, filed by
Plaintiffs Genesi Sarl, Thendic Electronics Components. (Temp5, )
(Entered: 09/19/2003)

09/19/2003

23

MOTION Requesting Leave to Withdraw as Counsel for Defendant by Amiga Inc.
(Attachments: # 1 Text of Proposed Order)(Temp5, ) (Entered: 09/25/2003)

09/19/2003

24

DECLARATION of DIANA S. SHUKIS in Support of 23 MOTION RequestingLeave to
Withdraw as Counsel for Defendant, filed by Defendant Amiga Inc. re
(Temp5, ) (Entered: 09/25/2003)

09/19/2003

25

CERTIFICATE OF SERVICE by Defendant Amiga Inc re 23 MOTION for Leave to
Withdraw as Counsel, 24 Declaration of Diana S. Shukis. (Temp5, )
(Entered: 09/25/2003)

09/30/2003

26

ORDER granting 23 Motion for Leave to withdraw as counsel by Diana Shukis
and Stephen VanDerhoef for dft by Judge Robert S. Lasnik. (RS, )
(Entered: 10/01/2003)
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 17 of 427ANN.lu
Posted by Rich Woods on 02-Oct-2003 06:11 GMT
In reply to Comment 8 (Tigger):
I'll be dipped in (sheep) shit!
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 18 of 427ANN.lu
Posted by Rich Woods on 02-Oct-2003 06:12 GMT
In reply to Comment 10 (Don Cox):
Plenty of posting, plenty of observing and plenty of court docs!

see the latest - sad to say....
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 19 of 427ANN.lu
Posted by Anonymous on 02-Oct-2003 06:23 GMT
In reply to Comment 7 (DaveP):
"... I would not be surprised if he was selective about what
documents that appeared on his website ( and the timing of each ) and when they
appeared. "

I apologize for spoiling your surprise, for puncturing your ludicrous conspiracy theories, and for delivering this anticlimax -- in case you actually ARE unable to read the docket report and comparing it to what documents that are available and when they were entered/posted.

So, for your convenience, here's the complete docket report (exactly as posted by Woods and exactly as publicly available from the W District court of Washington) with Woods' file datestamps added (*DD-Mmm-YYY).

-- BEGIN DOCKET REPORT --

01/02/2003

1

COMPLAINT (Summons(es) issued) Receipt # 603192 (PM) (Entered: 01/08/2003)

01/10/2003
*11-Feb-2003

2

RETURN OF SERVICE of summons and complaint executed upon defendant Amiga
Inc on 1/8/03 (VK) (Entered: 01/10/2003)

01/28/2003

3

ANSWER to complaint [1-1] by defendant (VK) (Entered: 01/29/2003)

02/06/2003
*11-Feb-2003

4

ATTORNEY APPEARANCE for defendant by Stephen P VanDerhoef, Diana S Shukis
(VK) (Entered: 02/07/2003)

02/11/2003

5

ORDER RE: INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT.
Joint Status Report due 3/25/03 (cc: counsel, Judge) (KERR) (Entered:
02/12/2003)

02/18/2003
*24-Feb-2003

6

First AMENDED COMPLAINT [1-1] by plaintiff; adding Genesi Sarl as a pltf
(VK) (Entered: 02/18/2003)

02/18/2003
*25-Feb-2003

7

PRAECIPE: by plaintiff re: amended complaint [6-1] (VK) (Entered:
02/18/2003)

02/27/2003
*25-Feb-2003

8

ANSWER to first amended complaint [6-1] by defendant Amiga Inc (VK)
(Entered: 02/28/2003)

03/05/2003
*04-Mar-2003, *12-Mar-2003

9

PRAECIPE: by defendant Amiga Inc re: substituting answer [8-1] with the
attached (VK) (Entered: 03/06/2003)

03/24/2003
*12-Mar-2003

10

Pltfs' ANSWER TO AMIGA's COUNTERCLAIM (VK) (Entered: 03/25/2003)

03/25/2003
*08-Apr-2003

11

JOINT STATUS REPORT filed by all parties. Est. Trial Days: 2-4 (VK)
(Entered: 03/25/2003)

04/03/2003

12

MINUTE ORDER by Judge Lasnik setting Trial Date and Related Dates pursuant
to LR 16. Trial set for 12/1/03 ; Deadline to Join Additional Parties is
5/1/03 ; Disclosure of expert testimony due: 6/4/03 ; Discovery Motions to
be filed by <date not set> ; Discovery deadline set for 8/3/03 ;
Dispositive Motions to be filed by 9/2/03 ; Settlement conf. per CR
39.1(c)(2) by 10/2/03 ; 39.1 designation effective 11/1/03 ; Motions in
Limine deadline 11/3/03 ; Agreed Pretrial Order set for 11/19/03 ; Trial
briefs and exhibits to be submitted by 11/26/03 Court trial set for 2-4
days. (cc: counsel, Judge, KL) (VK) (Entered: 04/04/2003)

08/25/2003
*08-Apr-2003

13

NOTICE of Unavailability of counsel Diana S Shukis for Defendant Amiga Inc
from 9/1/03 to 9/16/03 (Temp4, ) (Entered: 08/26/2003)

08/27/2003

14

MOTION for Sanctions and Exhibit (Part 1 of 2) by Plaintiffs Genesi Sarl,
Thendic Electronics Components. Noting Date 9/19/2003. (Attachments: # 1
Exhibit (Part 2 of 2);# 2 Text of Proposed Order; # 3 Note for
Motion)(Temp4, ) (Entered: 08/28/2003)

08/27/2003
*06-Sep-2003

15

DECLARATION of Bill Buck filed by Plaintiffs Genesi Sarl, Thendic
Electronics Components in support of 14 MOTION for Sanctions (Temp4, )
(Entered: 08/28/2003)

08/27/2003
*06-Sep-2003

16

DECLARATION of Bolton Peck filed by Plaintiffs Genesi Sarl, Thendic
Electronics Components in support of 14 MOTION for Sanctions (Temp4, )
(Entered: 08/28/2003)

08/27/2003
*06-Sep-2003

17

DECLARATION of Richard Hughes and Exhibit (Part 1 of 2) filed by Plaintiffs
Genesi Sarl, Thendic Electronics Components in support of 14 MOTION for
Sanctions (Attachments: # 1 Exhibit (Part 2 of 2))(Temp4, ) (Entered:
08/28/2003)

09/17/2003
*19-Sep-2003

18

RESPONSE to Motion filed by Defendant Amiga Inc re 14 Plaintiffs' Motion
for Sanctions (Temp4, ) (Entered: 09/19/2003)

09/17/2003
*19-Sep-2003

19

DECLARATION of Diana S. Shukis filed by Defendant Amiga Inc in support of
18 Response to Plaintiffs' Motion for Sanctions (Temp4, ) (Entered:
09/19/2003)

09/17/2003
*19-Sep-2003

20

CERTIFICATE OF SERVICE by Defendant Amiga Inc for 18 Response to
Plaintiffs' Motion for Sanctions, 19 Declaration Diana S. Shukis in
Support. (Temp4, ) (Entered: 09/19/2003)

09/17/2003

22

DECLARATION of RICHARD HUGHES in Support of Plaintiff's Response for
14Sanctions, filed by Plaintiffs Genesi Sarl, Thendic Electronics
Components. (Temp5, ) (Entered: 09/19/2003)

09/19/2003
*19-Sep-2003

21

Plaintiffs' REPLY in Support of It's 14 MOTION for Sanctions, filed by
Plaintiffs Genesi Sarl, Thendic Electronics Components. (Temp5, )
(Entered: 09/19/2003)

09/19/2003
*19-Sep-2003

23

MOTION Requesting Leave to Withdraw as Counsel for Defendant by Amiga Inc.
(Attachments: # 1 Text of Proposed Order)(Temp5, ) (Entered: 09/25/2003)

09/19/2003
*25-Sep-2003

24

DECLARATION of DIANA S. SHUKIS in Support of 23 MOTION RequestingLeave to
Withdraw as Counsel for Defendant, filed by Defendant Amiga Inc. re
(Temp5, ) (Entered: 09/25/2003)

09/19/2003
*25-Sep-2003

25

CERTIFICATE OF SERVICE by Defendant Amiga Inc re 23 MOTION for Leave to
Withdraw as Counsel, 24 Declaration of Diana S. Shukis. (Temp5, )
(Entered: 09/25/2003)

09/30/2003
*25-Sep-2003

26

ORDER granting 23 Motion for Leave to withdraw as counsel by Diana Shukis
and Stephen VanDerhoef for dft by Judge Robert S. Lasnik. (RS, )
(Entered: 10/01/2003)
*01-Oct-2003

-- EOF --

What's "missing" then?
"RETURN OF SERVICE of summons and complaint..."
"ATTORNEY APPEARANCE for defendant..."
"JOINT STATUS REPORT filed by all parties."
"NOTICE of Unavailability of counsel Diana S Shukis..."
"CERTIFICATE OF SERVICE by Defendant Amiga Inc for 18 Response..."

The Evil Counterfeiter Woods (or the Evil Blue Troll Washington Court) is withholding a bunch of receipts! I bet those would turn the entire case on its head, and show the righteousness, glory and innocence of the defendant!
Oh, wait... The only thing here that could possibly be of any interest would be "ATTORNEY APPEARANCE for defendant..." although I sincerely doubt that the defendant's counsel would choose to not include any oral statements in their own written arguments, if those statements had any relevance whatsoever for their defense.

Don't stoop to samfacial levels, DaveP. Both sides are heard in public this way, and if you think things aren't looking all that good for ainc, then it's nobody's fault but ainc's own.
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 20 of 427ANN.lu
Posted by Anonymous on 02-Oct-2003 06:26 GMT
In reply to Comment 19 (Anonymous):
Oops, I guess I was typing when Woods also figured out that the info DaveP was looking for already is available.
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 21 of 427ANN.lu
Posted by takemehomegrandma on 02-Oct-2003 06:30 GMT
In reply to Comment 1 (DaveP):
> ....for the moment.

Yeah, I bet that federal lawyers from all over the USA is lining up, fighting over who will be the next counsel for Amiga Inc in this very attractive case!
;-)
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 22 of 427ANN.lu
Posted by Anonymous on 02-Oct-2003 06:41 GMT
In reply to Comment 21 (takemehomegrandma):
Fighting over a t-shirt and a $50 coupon :o)
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 23 of 427ANN.lu
Posted by takemehomegrandma on 02-Oct-2003 06:43 GMT
In reply to Comment 3 (DaveP):
> Who knows, I just wonder if Richard will either post public documents on it,
> or do it so timely given his agenda.

Ha, yes this is all some evil conspiracy, agendas, etc, etc. Well I'll tell you what, why don't you people over at amigaworld.net post *all* documents, with *no* "agenda" or comments to it, just the plain facts? Then we will see if the *core facts* in this case in some way has been changed or not, due to some persons personal agenda. That was a serious suggestion! It should be easily done. The documents should be available to you, as they are to everyone else. Then even I might visit that site, at least while downloading the documents.

BTW, does people over there even know about Amiga Inc's problems? Or is everything denied as FUD?
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 24 of 427ANN.lu
Posted by Mark Cheetham on 02-Oct-2003 06:44 GMT
In reply to Comment 21 (takemehomegrandma):
Maybe lawyers who`ve had a lot of case losses lately will take it up, afterall it's a likely two case wins. Given that the case just seems to be Genesi kicking the Amiga corpse they'll likley win that case, but, they then get to win the 'Sue Amiga for costs, case' aswell.
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 25 of 427ANN.lu
Posted by Paul Gadd on 02-Oct-2003 06:55 GMT
Everything against Amiga Inc is either FUD or someones Agenda when really it is FACT not FICTION.

Those crooks are getting what they deserve and it is sad to see the same old Amiga Inc defenders making silly excuses for low life crooks.
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 26 of 427ANN.lu
Posted by EyeAm on 02-Oct-2003 06:58 GMT
If the case is dropped by Amiga, then Thendic/Genesi/Pegasos/Morphos win and the AmigaDE shows up in the product there--but with money flowing back to Amiga because it's a license (this, an argument that could go against Amiga for avoiding that which would pay the bills and demands of former employees... i.e., basically against the bankruptcy pursuit that might arguably be raised eventually).

If the case is not dropped by Amiga, and bankruptcy is not pursued, they will surely have to come up with the money to satisfy that which a Chapter 11 filing would stave off. They would also, of course, have to win the case, which seems to be rooted in contract law (from what I'm gleaning from the postings) and the time-frame that the new device (Pegasos) came along.

Since Amiga's attorney(s) left, if they were to eventually go for a bankruptcy and reorganization (whatever all of that entails), would it not benefit such a path if there is a court-appointed attorney? I mean, in such a case, CAN an attorney be appointed to them in this case, since they can't afford it? (maybe bankruptcy was being considered, and the attorneys who left knew they wouldn't be any worse off).

Someone said that Hyperion and Amiga had a written arrangement that Amiga OS 4.x wouldn't be harmed by this, because if anything happened to Amiga then the OS could still be developed and published. True?

They'll either get a new lawyer or one will be appointed; that's what I'm thinking. I suppose we might get to see the filed Exhibits (like the contract between Amiga and Thenic/Genesi) after the case is over. That is, if someone posts them.

--EyeAm
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 27 of 427ANN.lu
Posted by Jules on 02-Oct-2003 07:16 GMT
In reply to Comment 19 (Anonymous):
Oh, for crying out loud people, try to read the original comments before replying like crazy. Even the litteracy challenged should be able to see that:

a) When DaveP said this
"Who knows, I just wonder if Richard will either post public documents on it, or do it so timely given his agenda."

he was replying to this

"I Supose that when/if Ainc get new ones they'll have to send in a simular thing?" <comment 2>

i.e. he was NOT questioning Richards latest post!! He was speculating as to whether Richard would publically post any future update about Amiga Inc getting new legal representation (assuming they do so).


b) Also when he said this:

"It is called having an opinion about someone else based on observation."

he was refering to his personal opinion of Richard Woods based on his observations of how Richard Woods operates.

Now, I'm not claiming that DaveP is right or wrong in what he says, but clearly there are a number of you clearly missinterpreting his statements or taking them totally out of context. We've now had 2 long posts of the entire court document posted when it was unnecessary as it's validity WAS NEVER QUESTIONED!!!

Now this goes to everyone. I personally don't give a stuff what bloody 'side' or 'camp' your in, but before responding to anything, at least make an attempt to understand the original post.

Jules
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 28 of 427ANN.lu
Posted by Matt Parsons on 02-Oct-2003 07:26 GMT
In reply to Comment 23 (takemehomegrandma):
That's a really good idea!. Why doesn't someone on the Amigaworld site do some reserch and then post all the documents on the site so that we can see what's going on.

Maybe someone could E-Mail Mr Bouma... how about Ray? Though personally I'd really like to hear the psuedo legal gobbledegook that Fleecy can come up with realating to the situation. Or maybe it's a new type of "Orthogonaly Persistant" company, that doesn't need to save money it just has money :)
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 29 of 427ANN.lu
Posted by takemehomegrandma on 02-Oct-2003 07:44 GMT
In reply to Comment 24 (Mark Cheetham):
Amiga have no money!
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 30 of 427ANN.lu
Posted by Rassilon on 02-Oct-2003 07:50 GMT
In reply to Comment 19 (Anonymous):
Whenever a news item like this appears on ANN you can gauruntee that certain people will post in reply. They share 1 thing in common, a major dislike of Amiga Inc.

What I would appreciate is for people to either read the info for what it is and make intelligent comments, not mindless slagging off, or not post at all.

Basically Amiga as a company have made mistakes, but.... there are those in this community that examine everything they do under a microscope, and get perverse pleasure out of seeing them suffer.

I think Rich Woods is doing more harm than good by publishing these documents, becuase all they do is foster FUD about both companies involved, provide us with little in the way of useful information, and lead to endless flame wars.

In fact it would be far more useful to publish the actual resolution when it comes, as that will provide decisive information and not lead to endless speculation.

Rassilon
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 31 of 427ANN.lu
Posted by takemehomegrandma on 02-Oct-2003 07:53 GMT
In reply to Comment 26 (EyeAm):
> but with money flowing back to Amiga because it's a license

Oh, I'm sure it will FLOW in money, quickly covering that $2.2 million debt!
;-)

But you are right, this should be a positive deal for Amiga Inc, and I wonder why they don't think of it as such. I mean, the Amiga DE has not exactly been selling like hot cakes, "partners" have backed out one after another. But finally there is a company that actually is interested in their DE thing, and then *Amiga Inc* tries to back out!!!

Pacta Sunt Servanda!
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 32 of 427ANN.lu
Posted by itix on 02-Oct-2003 07:57 GMT
In reply to Comment 30 (Rassilon):
> They share 1 thing in common, a major dislike of Amiga Inc. Majority of this community dislike Amiga Inc.
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 33 of 427ANN.lu
Posted by Don Cox on 02-Oct-2003 08:02 GMT
In reply to Comment 26 (EyeAm):
"If the case is dropped by Amiga, then Thendic/Genesi/Pegasos/Morphos win and the AmigaDE shows up in the product there--but with money flowing back to Amiga because it's a license "

The DE won`t show up in the product by magic - somebody has to do the coding work involved in the port, which will cost money. My guess is that it will cost much more to port the DE to MorphOS than the license fees would bring in.

And Amiga Inc would have to fund the port first. From what funds?
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 34 of 427ANN.lu
Posted by Anonymous on 02-Oct-2003 08:04 GMT
In reply to Comment 32 (itix):
The question remains: How many people dislike Genesi en Rich Woods for trying to sue AmigaInc to bankrupcy in order to get the brand and trademark.
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 35 of 427ANN.lu
Posted by takemehomegrandma on 02-Oct-2003 08:11 GMT
In reply to Comment 30 (Rassilon):
> I think Rich Woods is doing more harm than good by publishing these
> documents, becuase all they do is foster FUD about both companies involved,

Facts is the only way to *fight FUD*. These documents are facts, as opposite to the Fluff you might hear on other sites ...

> provide us with little in the way of useful information,

Court documents provice us with *all* information, and if that is not enough for you ...

> and lead to endless flame wars.

The documents does not lead to flame wars, people living in denial, people who rejects them as FUD and constantly try to tell people that there are no proof, that AmigaOS5 will have AI and live on any computer out there (and mindless fluff like that), and the future for Amiga Inc is bright, they do.
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 36 of 427ANN.lu
Posted by Anonymous on 02-Oct-2003 08:14 GMT
In reply to Comment 34 (Anonymous):
> The question remains: How many people dislike Genesi en Rich Woods for
> trying to sue AmigaInc to bankrupcy in order to get the brand and trademark.

I'm sorry, but have you a distorted perception of the reality, or are you just trolling?
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 37 of 427ANN.lu
Posted by Emeric SH on 02-Oct-2003 08:14 GMT
In reply to Comment 26 (EyeAm):
"I mean, in such a case, CAN an attorney be appointed to them in this case, since they can't afford it?"

No. It's not a criminal case.
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 38 of 427ANN.lu
Posted by Rassilon on 02-Oct-2003 08:18 GMT
In reply to Comment 35 (takemehomegrandma):
@takemehomegrandma

All those documents do is muddy the waters and stir up ill feeling on both sides.

Look at the latest docs - misc. info about lawyers, no additonal info or more importantly decisions!!

Their publication on websites does nothing but excite one or two vultures, and bore the hell out of the rest of us.

Rassilon
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 39 of 427ANN.lu
Posted by EyeAm on 02-Oct-2003 08:18 GMT
In reply to Comment 28 (Matt Parsons):
>Maybe someone could E-Mail Mr Bouma... how about Ray? Though personally I'd >really like to hear the psuedo legal gobbledegook that Fleecy can come up with >realating to the situation.

No, keep Fluffy quiet. He's done enough; really. :)

>Or maybe it's a new type of "Orthogonaly Persistant" company, that doesn't >need to save money it just has money :)

HAHAHAHA! I fell out when I read that. :-D

----------------

Regarding another response (i.e., FLOW of cash...) I certainly wasn't believing that, if the AmigaDE sat in MorphOS and Amiga collected on the license, it would cover such a high debt as $2-million.

In fact, I'm not so keen on MorphOS, anyway (taking a similar approach to it as Dave Haynie expounded on within his recent interview). I regard Apple's OS the same way. It's just kind of 'there', to me. But I think Dave said it best: "It's not Amiga."

I would hope that Amiga doesn't declare bankruptcy (so far, it never has had to, under that name; it always seemed to be the parent company); but if it has to, it has to. I don't see it happening, though. :)

I'd also like to take a moment here to express that, while I can't quite know what it is like, I can just imagine the stress and pressure of such debt and a situation that must be felt by Bill McEwen and staff. My sympathies are softened there, only because we're all human and it has to be a significant ordeal to go through. However, I continue to maintain the beliefs I expressed to them via email in the past (re: wrong direction shelving Amiga-on-x86).

Besides, I hope they're around so I can bury them with my own OS ;-) Wouldn't be any fun without 'em. LOL!

--EyeAm
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 40 of 427ANN.lu
Posted by Mikey C on 02-Oct-2003 08:29 GMT
In reply to Comment 36 (Anonymous):
Nope he`s right you know, many pro-Amiga supportes feel the way he expressed it

But of course with your blue tinted glasses you wouldn`t understand.

Feel free to flame away, why I don`t know, Pegasos is a good product, the delayed Pegasos II also sounds like a good product, Morphos appears to be maturing in to a decent product, yet MorphOS users feel the constant need to continue bashing Amiga inc and it`s supporters.

Geez, you guys that insecure? Look, which ever brand/platform we support, is our business, concentrate on your own choice and don`t keep bashing our choice.

Sheesh

Mikey C
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 41 of 427ANN.lu
Posted by Anonymous on 02-Oct-2003 08:37 GMT
In reply to Comment 40 (Mikey C):
Mikey, don't make an idiot out of yourself.

I would expect more intelligence from you than this old and tiring "they must be scared since they do x" argumentation. The thing goes both ways. We're not 7 year olds (I hope).

PS. You could try NOT biting the bait for once.
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 42 of 427ANN.lu
Posted by Anonymous on 02-Oct-2003 08:40 GMT
In reply to Comment 40 (Mikey C):
My dear Mickey, why do you feel to constant need to denounce ANYONE who dares question AInc as "Anti-Amiga" or "Pro-MorphOS"?

Is that the only way you can get through the night?

Personally speaking, I would love to buy an AmigaOne + AmigaOS4.0, and I am still waiting for it and plan to buy one once it finally comes out (I've given up any hope of getting my sCAM t-shirt, and I know I will never see that 50 rebate).

However, I am absolutely disgusted by the pathetic behaviour of Moss & McEwen, their shafting of us all, their continual lies and the way in which they have ruined a perfectly good future for the Amiga.

And I do find it of great interest to learn that they are, by their own words, almost insolvent and that even their own lawyers want nothing more to do with them. Those are extremely important FACTS, Mickey. Even to those of us who still support the Amiga.

So how do you reconcile THAT, hmmm? A "red" supporter who does agree that the information Woods has provided IS of importance and interest to is all, not to mention extremely relevant.

Mickey, you might get off on hiding your head in the sand - some of us prefer to look at the REAL situation in the REAL world, rather than sticking our fingers in our ears every time someone says something we dislike.
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 43 of 427ANN.lu
Posted by Mikey C on 02-Oct-2003 08:43 GMT
In reply to Comment 41 (Anonymous):
Er and who is the bigger fool? The fool or the one that follows him?

Since you took the bait, I can only conclude you are!

:)

Mikey C
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 44 of 427ANN.lu
Posted by Anon on 02-Oct-2003 08:47 GMT
thats ok thers no case to answer
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 45 of 427ANN.lu
Posted by Olegil on 02-Oct-2003 08:50 GMT
In reply to Comment 43 (Mikey C):
Ah, the old "you're a fool for replying to my obvious trolling while I'm not for replying to your reply" tactic. didn't work then, doesn't work now. Please just drop it before it gets silly ;-)
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 46 of 427ANN.lu
Posted by Mikey C on 02-Oct-2003 08:51 GMT
In reply to Comment 42 (Anonymous):
Hello? What`s the matter can`t post under your real name? who`s hiding their head in the sand? or rather, who`s hiding?

Look, if you think that Fleecy Moss or Bill McEwen are con artists then you have fallen for the "Iraqi Information Minister`s" Scheme of misinformation

Seriously why do you honestly think Amiga can`t deliver coupons and T-Shirts?
- Serious answer expected here.

Mikey C
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 47 of 427ANN.lu
Posted by Anonymous on 02-Oct-2003 09:03 GMT
In reply to Comment 46 (Mikey C):
" Seriously why do you honestly think Amiga can`t deliver coupons and T-Shirts?
- Serious answer expected here. "

Because they have no money. Even McEwen has said so himself. AInc has no money. They were down to their last $100 in all their accounts.
They owe in excess of $2 million which they are legaly required to pay to employees / former employees / creditors BY COURT ORDER before they can do anything else with their money.

Face facts, Mickey, there is no way AInc can afford to stump up for the T-shirts - they have had well over a YEAR in which to do so, and they have consistently failed (now we all know why - they have no money and are 7-figures in debt with no real income). They certainly can not afford the $50 rebates on AmigaOnes and/or AOS4.0.

As much as I love the Amiga, I have nothing but utter contempt for AInc and those liars McEwen & Moss, Mickey, because they have shafted us all repeatedly - and idiots like you want to let them continue to get away with it.
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 48 of 427ANN.lu
Posted by Mikey C on 02-Oct-2003 09:08 GMT
In reply to Comment 47 (Anonymous):
Same old Same old Same old arguments

Bah, If Amiga weren`t being taken to court needlesly by a competitor on very thin grounds, Amiga would have more money to make things happen. Instead they are having to spend the money on legal costs. But I suppose that hasn`t crossed your mind has it?

Nope didn`t think so.

Oh and it`s Mikey not Mickey. Please try and pay more attention to the text written - ta

Mikey C
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 49 of 427ANN.lu
Posted by Johan Rönnblom on 02-Oct-2003 09:10 GMT
In reply to Comment 46 (Mikey C):
I didn't post anonymously (I never do), but I can answer your question
quite easily:

They don't do this because they have no money, no staff, no resources!
They CAN'T do it! AInc isn't a real company anymore.


Now, to the guy asking why people feel this need to "kick the corpse".
Well, because the corpse stinks! Because we care about this community!
Yes, obviously there are some people around here who prefer keeping
the corpse lying around. It happens with people too, that they keep
deceased loved ones in their home because they can't accept reality.
But it's not sane! It's not healthy!
Thendic-Amiga Lawsuit - Judge Lasnik Grants Leave For Amiga's Former Attorneys : Comment 50 of 427ANN.lu
Posted by Mikey C on 02-Oct-2003 09:15 GMT
In reply to Comment 49 (Johan Rönnblom):
Well you can say all you like, but the "corpse" as you put it still has a corpse and I`ll wager that one day it`s gonna get up and kick some serious butt.

Still go on thinking what Mohammed Saeed al-Sahhaf keeps telling you, after all you are only getting your informaition from one source. So therefore you are not aware of what the other side are saying.

Have fun.

Mikey C
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