Author Topic: TRO Succession Wars and Harmony Gold (Read 147689 times)

Nightlord01 · « **Reply #240 on:** 16 March 2018, 22:48:14 »

Quote from: Mech42ace on 16 March 2018, 22:40:50

I think that HG bringing the Atlas, Shadowhawk and Locust into the suite was for two reasons:
1- They would get Jordan Weisman involved in the suite as IIRC he agreed that he would never be involved in bringing the unseen back in any way shape or form, to protect HG's rights.
2 - Like others have theorized, HG may have been betting on PGI being coerced into making a deal with HG out of court. You should always add more initially to have something to give away in negotiations.

Quite possibly, I don't think I will ever understand how HG thinks, and I'm pretty sure I don't want to.

Brakiel · « **Reply #241 on:** 22 March 2018, 14:01:15 »

So, has there been any news? I know PACER hasn't been updated, but I would have thought one of the involved parties would have said something by now through other channels if there was a major change.

monbvol · « **Reply #242 on:** 22 March 2018, 14:22:33 »

From what I understand the Judge will not be saying anything until tomorrow. I still wouldn't expect to hear anything even through other means until after the weekend though.

Horseman · « **Reply #243 on:** 22 March 2018, 14:54:40 »

Quote from: Brakiel on 22 March 2018, 14:01:15

So, has there been any news? I know PACER hasn't been updated, but I would have thought one of the involved parties would have said something by now through other channels if there was a major change.

As a rule of thumb, do not expect sides to a lawsuit to discuss it in public until it's over.

ColBosch · « **Reply #244 on:** 22 March 2018, 15:24:41 »

Quote from: monbvol on 22 March 2018, 14:22:33

From what I understand the Judge will not be saying anything until tomorrow. I still wouldn't expect to hear anything even through other means until after the weekend though.

Tomorrow at the soonest. My understanding is that the court only makes rulings and hears arguments on this sort of case on the third and fourth Fridays of the month. If we don't get a ruling tomorrow, then the next date would be April 20th or 27th.

monbvol · « **Reply #245 on:** 22 March 2018, 15:29:47 »

I do wonder about the third Friday or if it is really the last two Fridays as seems like we should have had an update last Friday of some sort.

ColBosch · « **Reply #246 on:** 22 March 2018, 15:52:13 »

This is far from the only case in front of this judge, and it is not one that is anywhere near time-critical yet.

monbvol · « **Reply #247 on:** 22 March 2018, 16:22:13 »

Possible, I'm just wondering if it is the last two Fridays not the third and fourth is all.

ANS Kamas P81 · « **Reply #248 on:** 22 March 2018, 17:34:30 »

Quote from: monbvol on 22 March 2018, 16:22:13

Possible, I'm just wondering if it is the last two Fridays not the third and fourth is all.

It's explicitly stated on the court's website that it's the 3rd and 4th Friday.

monbvol · « **Reply #249 on:** 22 March 2018, 18:06:27 »

So it is. I shall blame Harmony Gold for this anyway. :D

abou · « **Reply #250 on:** 23 March 2018, 07:35:30 »

Quote

#93 MOTION for Discovery for Issuance of a Letter of Request (Letter Rogatory) , filed by Plaintiff Harmony Gold U.S.A., Inc.. Noting Date 4/6/2018, (Elder, Damon)

Delaying tactic? Does a motion for discovery have to be approved by the judge?

ColBosch · « **Reply #251 on:** 23 March 2018, 07:59:35 »

Quote from: abou on 23 March 2018, 07:35:30

Delaying tactic? Does a motion for discovery have to be approved by the judge?

What the hell? A "letter rogatory" is a request for information - evidence or witness testimony - from a foreign court system. Harmony Gold is saying they need the court to compel evidence of some sort from outside the United States. This is absolutely a delaying tactic, as all of the pertinent information is already a matter of public record.

Jaim Magnus · « **Reply #252 on:** 23 March 2018, 08:01:16 »

Quote from: abou on 23 March 2018, 07:35:30

Delaying tactic? Does a motion for discovery have to be approved by the judge?

I don't think it needs judicial approval. But at this stage in the game, it really does strike me as a delaying tactic to make the other side pay out more money, with the end goal of making them settle. Given what's gone on thus far, I don't see the Battletech side backing down.

glitterboy2098 · « **Reply #253 on:** 23 March 2018, 08:07:33 »

i'm not sure what HG would benefit from going oversea's on this.. besides the pure delay. the japanese rulings were fairly clear cut. info from Big west would kill the HG case fast, and i can't see Tatsunoko being willing to lie in court to back up HG, given that Hg and Tatsunoko were at odds themselves recently and had to have an arbitration done.

frankly i think HG is getting desperate here, because this is definitely just meant to delay.. but it makes it look like they are admitting they don't know what their license actually includes and need to bring in an outside expert. Which is NOT an impression you want to give a judge that is already pissed off at the delaying tactics used so far, much less ones that rely on a thoroughly twisted logic about what the license allows that HG has been trying to use.

ColBosch · « **Reply #254 on:** 23 March 2018, 08:25:21 »

I've emailed Leonard French directly with another request to review this case. I have completely given up on understanding HG's tactics in this case, beyond "try to drain the defendants' war purses."

Wrangler · « **Reply #255 on:** 23 March 2018, 08:27:19 »

I just went into Anthony Scroggins deviant page which has the official art being used for the Classics.
I still get upset that some of the art is on hold that Macross/Robotech related. Like the Phoenix hawk, Wasp, Stinger. We may never see Crusader, never mind the Dougram related art work like Scorpion and Goliath.

ColBosch · « **Reply #256 on:** 23 March 2018, 08:29:57 »

I wouldn't worry about it. At the worst, we have precisely three years until all of this nonsense goes away, when Harmony Gold's licenses expire.

glitterboy2098 · « **Reply #257 on:** 23 March 2018, 10:28:54 »

Quote from: ColBosch on 23 March 2018, 08:25:21

I've emailed Leonard French directly with another request to review this case. I have completely given up on understanding HG's tactics in this case, beyond "try to drain the defendants' war purses."

i'm not sure they've ever had any other tactics to begin with.

monbvol · « **Reply #258 on:** 23 March 2018, 10:43:10 »

Hmmm...

This is certainly frustrating but I think we shouldn't expect anything else from Harmony Gold.

What has me curious is what could they possibly be after as it can't be about what rights they have from the Japanese courts because that is spelled out in their arbitration agreement which has already been submitted as evidence.

Xiwo Xerase · « **Reply #259 on:** 23 March 2018, 11:29:35 »

It feels like they're trying to throw things at the wall to see what sticks and keeps the judge from accepting PGI's motions for summary judgment.

I wonder what HG wants the letter rogatory for and why they claim it's worth staying the decision on the summary judgment.

ColBosch · « **Reply #260 on:** 23 March 2018, 12:01:01 »

Quote from: Xiwo Xerase on 23 March 2018, 11:29:35

It feels like they're trying to throw things at the wall to see what sticks and keeps the judge from accepting PGI's motions for summary judgment.

I wonder what HG wants the letter rogatory for and why they claim it's worth staying the decision on the summary judgment.

They are fully aware that letters rogatory can take months to resolve. That's all that matters.

guardiandashi · « **Reply #261 on:** 23 March 2018, 12:09:34 »

Harmony Gold U.S.A., Inc. v. Harebrained Schemes LLC (2:17-cv-00327-TSZ) on court listener doesn't have anything more recent than 83 does anyone have a better link?

nm I found one

https://www.pacermonitor.com/public/case/20755327/Harmony_Gold_USA,_Inc_v_Harebrained_Schemes_LLC_et_al

monbvol · « **Reply #262 on:** 23 March 2018, 12:14:52 »

There is a pacer link back on page six of this thread and that stays updated pretty well.

abou · « **Reply #263 on:** 23 March 2018, 12:20:55 »

Got it.

Oh, this is good. This is really good. I only got the main entry. Just two paragraphs.

HG is requesting that the court grant discovery on -- wait for it -- Big West, Inc.

It sounds that the judge can completely shut this down if he wants. And, to be honest, why not? There is nothing there that will help HG because Big West and Tatsunoko has been resolved; arbitration between HG and Tatsunoko has been resolved. I have a hard time thinking the judge will see this as anything but wasting time.

Pat Payne · « **Reply #264 on:** 23 March 2018, 12:28:35 »

Quote from: abou on 23 March 2018, 12:20:55

HG is requesting that the court grant discovery on -- wait for it -- Big West, Inc.

The picture attached below says it all. The sooner that the judge invokes Rule 11 (and hopefully declares them a vexatious litigant), the better.

On the other hand, mayhap Harmony Gold is supplying the very rope it's going to hang itself with?

By the way, do the obnoxious oafs give any sort of reason as to what they propose to accomplish by dragging Big West into this?

ColBosch · « **Reply #265 on:** 23 March 2018, 12:33:27 »

Holy shit. I see what they're trying to do. They're trying to force Big West to join their side of the case. I think they really are using the courts to pursue a vendetta at this point.

Tymers Realm · « **Reply #266 on:** 23 March 2018, 12:34:45 »

Quote from: Pat Payne on 23 March 2018, 12:28:35

By the way, do the obnoxious oafs give any sort of reason as to what they propose to accomplish by dragging Big West into this?

They drag Big West into this. I could guess they hope then to have BW to go after PGI/HBS/IMR and maybe get on BW's good side to regain rights.

But that's just me...

abou · « **Reply #267 on:** 23 March 2018, 12:37:19 »

That's what blows my mind. Remember the 25th anniversary art and fiction book? I thought CGL included a lot of the unseen artwork initially because they had talked directly to Big West and all was good. There isn't any bad blood between Big West and CGL/PGI/HBS... so how is thing going to work?

klarg1 · « **Reply #268 on:** 23 March 2018, 12:37:35 »

Quote from: ColBosch on 23 March 2018, 12:33:27

Holy shit. I see what they're trying to do. They're trying to force Big West to join their side of the case. I think they really are using the courts to pursue a vendetta at this point.

Is that likely?

Up until this point, Big West has shown no inclination to clash with the Battletech/Mechwarrior world at all, so far as I am aware.

Pat Payne · « **Reply #269 on:** 23 March 2018, 12:39:27 »

Quote from: ColBosch on 23 March 2018, 12:33:27

Holy shit. I see what they're trying to do. They're trying to force Big West to join their side of the case. I think they really are using the courts to pursue a vendetta at this point.

Wow. If that's the case, Harmony Gold's dumber than they look... and that just staggers the imagination...

Since Studio Nue themselves collaborated with FASA on redesigns to prevent brand confusion in Japan when FASA translated Battletech, BW has long since known about the Unseen. And seemingly hasn't given a crap.

And since HG has actively fought Big West in their attempts to bring anything else Macross-branded overseas (including the Yamato valks and the VF-X video game), why do they think BW would want anything to do with them?

Sigh. Just... sigh. There's only one response to that kind of lunacy from them...