Author Topic: TRO Succession Wars and Harmony Gold  (Read 231200 times)

MarauderD

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Re: TRO Succession Wars and Harmony Gold
« Reply #1170 on: 02 January 2018, 12:00:22 »
I too am itchy to hear news on the case. I'm bummed no one on these boards had access to Pacer Monitor to check out what has been posted. Hopefully we find out something this week.

Cheers,

Mad

JPArbiter

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Re: TRO Succession Wars and Harmony Gold
« Reply #1171 on: 03 January 2018, 00:43:08 »
I would rather a judge take his time and consider the facts then just try to get something over with.

Getting stuff overwith was what got thenIP in the unseen mess in the first place
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wolfspider

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Re: TRO Succession Wars and Harmony Gold
« Reply #1172 on: 09 January 2018, 14:35:46 »
Any updates?
I may have a low amount of posts but I have a PHD in Battletech and mechs older then most people on this board!

ColBosch

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Re: TRO Succession Wars and Harmony Gold
« Reply #1173 on: 09 January 2018, 14:58:54 »
Not yet. We're waiting on the judge to make his decision on whether to throw the case out or to let it progress.
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wolfspider

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Re: TRO Succession Wars and Harmony Gold
« Reply #1174 on: 09 January 2018, 15:21:36 »
Thanks Colonel!
I may have a low amount of posts but I have a PHD in Battletech and mechs older then most people on this board!

pheonixstorm

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Re: TRO Succession Wars and Harmony Gold
« Reply #1175 on: 09 January 2018, 15:45:24 »
Yep, still waiting on the judge. Now that the holidays are over hopefully we will know something before the end of next week.

mrbooth

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Re: TRO Succession Wars and Harmony Gold
« Reply #1176 on: 10 January 2018, 11:32:14 »
Yep, still waiting on the judge. Now that the holidays are over hopefully we will know something before the end of next week.

Do not hold your breath on that I once had a case go through a full trial and it took three months for the Judge to hand down his ruling and that was a fairly simple case.

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Re: TRO Succession Wars and Harmony Gold
« Reply #1177 on: 10 January 2018, 15:32:48 »
In this case it's only a ruling on a single motion, though that motion could be a stake through the heart of HG's case. 
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pheonixstorm

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Re: TRO Succession Wars and Harmony Gold
« Reply #1178 on: 10 January 2018, 18:46:38 »
Better to shove a steak thru their heart. More painful that way :P

MoneyLovinOgre4Hire

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Re: TRO Succession Wars and Harmony Gold
« Reply #1179 on: 10 January 2018, 19:12:22 »
Why waste a perfectly good steak?
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Pat Payne

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Re: TRO Succession Wars and Harmony Gold
« Reply #1180 on: 10 January 2018, 19:24:41 »
In this case it's only a ruling on a single motion, though that motion could be a stake through the heart of HG's case.

But even then, I'd prefer that the judge deliberate over it rather than just push through a ruling. I don't just want CGL/HBS/PGI to win, I want them to win authoritatively, decisively and finally. I want whatever the legal equivalent of debellatio is to be visited on Harmony Gold. I want them knocked down so hard they'll never bother us again. HG has a lawyer who is apparently good at appeals, and you can bet your bottom C-Bill she's going to go over any ruling that Judge Zilly makes with a fine-tooth comb just looking for that one thread to go running to the 9th Circuit on. So I want his ruling, if it's in CGL/HBS/PGI's favor, to be air-tight and with no room for Ms. Stebbins to have them all back in a higher court a year from now.

ANS Kamas P81

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Re: TRO Succession Wars and Harmony Gold
« Reply #1181 on: 11 January 2018, 01:13:37 »
I want whatever the legal equivalent of debellatio is to be visited on Harmony Gold. I want them knocked down so hard they'll never bother us again.
The magic phrase you're looking for is 'dismissed with prejudice' where the latter means that, no matter what, it cannot be appealed or re-filed in different ways to achieve the same thing.
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ColBosch

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Re: TRO Succession Wars and Harmony Gold
« Reply #1182 on: 11 January 2018, 02:41:07 »
No, it could still be appealed. But if the appeal is dismissed, that's likely that. The US has three levels of Federal courts for this sort of matter. Right now they're in the lowest level, the district court. If this case's eventual disposition is appealed, it goes to the appellate court, who would determine if the law was correctly applied. Judge Zilly is very well-regarded in his understanding of US law and is unlikely to make any errors, so any appeal seems futile. But, if someone wanted to keep fighting, the case could be elevated to the Supreme Court...who won't bother with it. As I said before, outside of the gaming and anime markets, the case is neither particularly notable nor important.
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(SMD)MadCow

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Re: TRO Succession Wars and Harmony Gold
« Reply #1183 on: 11 January 2018, 21:48:27 »
I thought you could only appeal a ruling, not a dismissal?

pensiveswetness

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Re: TRO Succession Wars and Harmony Gold
« Reply #1184 on: 11 January 2018, 23:13:02 »
No, it could still be appealed. But if the appeal is dismissed, that's likely that. The US has three levels of Federal courts for this sort of matter. Right now they're in the lowest level, the district court. If this case's eventual disposition is appealed, it goes to the appellate court, who would determine if the law was correctly applied. Judge Zilly is very well-regarded in his understanding of US law and is unlikely to make any errors, so any appeal seems futile. But, if someone wanted to keep fighting, the case could be elevated to the Supreme Court...who won't bother with it. As I said before, outside of the gaming and anime markets, the case is neither particularly notable nor important.
Unless you take into consideration that one of the plaintiffs is a Real Estate Mongol, who's ownership is already (previously) someone infamous for shading dealings in real estate...?

monbvol

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Re: TRO Succession Wars and Harmony Gold
« Reply #1185 on: 11 January 2018, 23:17:25 »
I thought you could only appeal a ruling, not a dismissal?

As I understand it you can appeal a dismissal if there is a error in how that dismissal was obtained.

Hence why we want the judge to take his time and do everything correctly.

ColBosch

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Re: TRO Succession Wars and Harmony Gold
« Reply #1186 on: 12 January 2018, 02:42:34 »
Unless you take into consideration that one of the plaintiffs is a Real Estate Mongol, who's ownership is already (previously) someone infamous for shading dealings in real estate...?

"Mogul." ;) And no, this case itself falls outside of the purview of the Supreme Court, unless one side wants to argue that the law itself is incorrect in some fashion. Anyone can apply to have a Federal or state civil or criminal case heard by the Supreme Court, but they only issue a "cert" if there really is a serious question about the interpretation or Constitutionality of a law, there has been a major departure from standard lower court proceedings, or when a lower court has issued a ruling that contradicts a previous Supreme Court decision.

Look, this won't go to the Supreme Court, period. It's doubtful it'll even get elevated to the Appellate Court. So let's stop playing that form of the "what if" game.
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sadlerbw

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Re: TRO Succession Wars and Harmony Gold
« Reply #1187 on: 12 January 2018, 14:00:04 »
I kinda like 'real estate mongol'. I had this mental image of Ghengis Khan showing a house to a prospective buyer, "...And look at these sturdy all-brick walls! Why, they look strong enough to keep even ME out!...just kidding, those walls wouldn't even slow me down."

Anyway, Bosch is correct, the chances this case goes to the supreme court are statistically indistinguishable from zero. I mean, the judge could take a poo in a paper bag and say that is his judgement, and it STILL wouldn't be enough of a problem to go past the appellate court level. This case is not special at all, legally speaking.

Paladin1

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Re: TRO Succession Wars and Harmony Gold
« Reply #1188 on: 12 January 2018, 14:41:50 »
I kinda like 'real estate mongol'. I had this mental image of Ghengis Khan showing a house to a prospective buyer, "...And look at these sturdy all-brick walls! Why, they look strong enough to keep even ME out!...just kidding, those walls wouldn't even slow me down."

Ghengis Khan: Real-Estate Mongol.  He's a Diamond Shark, isn't he?

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Re: TRO Succession Wars and Harmony Gold
« Reply #1189 on: 12 January 2018, 15:20:06 »
And his partner, Cohen the Barbarian. Wholesale destruction.
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ColBosch

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Re: TRO Succession Wars and Harmony Gold
« Reply #1190 on: 12 January 2018, 15:53:03 »
Sounds like a plot from a lost Terry Pratchett novel: the Real-Estate Mongol and Barbarian Liquidator go on a quest to find the Nine Supreme Wizards...
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Bedwyr

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Re: TRO Succession Wars and Harmony Gold
« Reply #1191 on: 12 January 2018, 20:18:52 »
Sounds like a plot from a lost Terry Pratchett novel: the Real-Estate Mongol and Barbarian Liquidator go on a quest to find the Nine Supreme Wizards...


Nine??? I thought eight...

"Ooook..."

Oh right. Sorry old chap, carry on.

"Ook."


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Shut up Bursar.
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Sharpnel

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Re: TRO Succession Wars and Harmony Gold
« Reply #1192 on: 12 January 2018, 20:20:53 »
And somewhere Rincewind is totally oblivious
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Feenix74

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Re: TRO Succession Wars and Harmony Gold
« Reply #1193 on: 14 January 2018, 21:12:05 »
SIGH

 :)
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Re: TRO Succession Wars and Harmony Gold
« Reply #1194 on: 14 January 2018, 21:17:29 »
I'm confused what going on now... ???
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Re: TRO Succession Wars and Harmony Gold
« Reply #1195 on: 14 January 2018, 21:39:46 »
I'm confused what going on now... ???

Just a recitation of Discworld memes until the judge gets back with more material to comment on.
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Re: TRO Succession Wars and Harmony Gold
« Reply #1196 on: 14 January 2018, 21:59:12 »

Nine??? I thought eight...

"Ooook..."

Oh right. Sorry old chap, carry on.

"Ook."


"Whoops! Carry me up the Danube. I have a jelly donut!"

Shut up Bursar.

nine minus one, technically.  ;)

SpudBot

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Re: TRO Succession Wars and Harmony Gold
« Reply #1197 on: 15 January 2018, 07:20:13 »
I kinda like 'real estate mongol'. I had this mental image of Ghengis Khan showing a house to a prospective buyer, "...And look at these sturdy all-brick walls! Why, they look strong enough to keep even ME out!...just kidding, those walls wouldn't even slow me down."

Not to be pedantic, but the Mughal Empire (from which we get the word mogul) was a thing - a wealthy dynasty of monarchs in India, but descended from Mongols/Tamerlane.

Koshirou

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Re: TRO Succession Wars and Harmony Gold
« Reply #1198 on: 15 January 2018, 10:01:44 »
Not to be pedantic, but the Mughal Empire (from which we get the word mogul) was a thing - a wealthy dynasty of monarchs in India, but descended from Mongols/Tamerlane.
Indeed, the term "Mogul/Mughal" does simply mean "Mongol". So actually.
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sadlerbw

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Re: TRO Succession Wars and Harmony Gold
« Reply #1199 on: 15 January 2018, 11:24:56 »
This is a thread about lawyers and court cases...being pedantic is explicitly allowed  ;D