Playmore, SNK Neo Geo USA v. Dion Dakis and Chris Ray: UPDATE

Taking a second from Matrimelee, we turn out attention to Piracimelee (or SNK v. NGF, but this one didn't debut at e3 wink )

PROGRESS REPORT:
In our last episode, Playmore had decided to stop suing NGF and instead go after the two accused counterfeiters themselves: Dion Dakis and Chris Ray. The Judge set dates for possible settlement (where both sides come to an agreement where one pays the other something slightly less -preventing the case from going to a very costly trial) as well as dates to end discovery efforts (the time before the actual trial where both sides can look at each others documents and information in order to formulate their court strategies).

In the Month of May, we see that Chris Ray, then Dion Dakis filed Answers to the Amended Complaint of Playmore et al. Playmore amended their complaint by changing who it was they were suing from NGF to the two individuals. In a Complaint, a Plaintiff states (basically) what it is that the defendants did, what law(s) they broke, and what punishment/damages they seek from the Defendants. In the Answers that Dakis and Ray submitted, they have made their (basic) arguments on why they think they have not broken the law (otherwise their silence on any issue would mean that they agree and are guilty of the issue).

What does this mean? It means that now that the Answers were filed, we have a full case ready to go to trial if (a) settlement doesn't work out and (b) when the discovery period is complete.

The final two items on the docket (the most recent things) are requests by Playmore et al for the defendant Dion Dakis to respond to special interrogatories/document requests. what does that mean? An interrgatory is a form of discovery where one side sends a list of questions to the other for them to answer (and the must answer them by law). Interrogatories can also include requests for business records (which may be the case here since they include a request for documents). The plaintiffs are moving to compell Dion Dakis to answer their interrogatory requests: this is easy to interpret as Dion Dakis is not answering their question (or producing the documents they requested) either (a) fast enough or (b) refusing to. Either way, Playmore is asking the Court (Judge) to force them under penalty of law to comply. Whether the Judge will or not is not listed yet (they set a date in mid-June to decide that matter).

In summary:
Things are moving -it will be interesting to see how that motion to compell goes.
(Ha! You think I'm going to just tell you what I wrote above again? Think again )

---------------------
THE DOCKET
---------------------
4/7/03 44 SCHEDULING ORDER by Judge David O. Carter setting discovery
cut-off: 3/26/04; Motion cut-off: 7/12/04; Pretrial
conference: 8/2/04 at 8:30am; Jury trial: 8/24/04 at 8:30am;
(see document for further specifics) (mt)
[Entry date 04/10/03]

4/15/03 45 STANDING ORDER by Discovery Marc L. Goldman setting
settlement conference for 6/18/03 at 9:30am (see document
for further specifics) (mt) [Entry date 04/16/03]

4/15/03 46 NOTICE AND REQUEST Of Settlement Procedure Selection filed
Parties request to appear before Magistrate Judge Marc L.
Goldman for settlement proceedings Order by Judge David O.
Carter granting settlement procedure selection request
[46-1] (mt) [Entry date 04/16/03]

5/6/03 47 STIPULATION and ORDER by Judge David O. Carter for
protective order re confidential information (see document
for specifics) (mt) [Entry date 05/07/03]

5/20/03 48 ANSWER filed by defendant Chris Ray to plaintiff's first
amended complaint [41-1] (mt) [Entry date 05/23/03]

5/20/03 49 NOTICE OF INTERESTED PARTIES filed by defendant Chris Ray
(mt) [Entry date 05/23/03]

5/22/03 50 ANSWER filed by defendant Dion Dakis to first amended
complaint [41-1] (mt) [Entry date 05/27/03]

5/23/03 51 NOTICE OF MOTION AND MOTION by plaintiffs Playmore
Corporation, SNK Neogeo USA Corp to compel Dion Dakis dba
Neogeo Freak's responses to request for special
interrogatories and demand for documents, sets one; motion
hearing set for 8:30 6/16/03; Lodged proposed order (mt)
[Entry date 05/27/03]

5/23/03 52 DECLARATION of Jason B Witten by plaintiffs Playmore
Corporation, SNK Neogeo USA Corp in support of motion to
compel Dion Dakis dba Neogeo Freak's responses to request
for special interrogatories and demand for documents, sets
one [51-1] (mt) [Entry date 05/27/03]

Interesting..

...and the saga continues!

why have I got the feeling that Chris and ray will ride the storm through ?, guess my money's on them now. Put it this way, WHOEVER is lying should just get done

Whatever the case it is. Is this the firs time an individual videogame company is involed in a trial? The last time I remember one was when they stared the videogame ratings.

The Legendary LoneWolf:
why have I got the feeling that Chris and ray will ride the storm through ?, guess my money's on them now. Put it this way, WHOEVER is lying should just get done

Click to expand...

Well seeing that it is Chris and Dion, not Chris and Ray, I don't really think you have any idea about the whole issue.

The interogatory is probably regarding the "official" release and distribution of Zupapa.

Which will be interesting...

Ah, its nice to have a budding law student on these boards. Thanks Bobak!

I know this question may have been asked before but I dont read much about what is happening with the Freaks....

Well my question is about all the people who have personal experiences with being ripped off by NGF.

Can those individuals testify in court aginst these 2 guys for being scammed?

I would think this would be possibly and some people may want to do this. Otherwise why else was the "NGF Bible" Created in the first place?

If that were to happen I would think the testimony would help Playmore's case and possible lead to numerous civil cases aginst NGF.

Again I have not followed all these updates or whatever so forgive me if I am asking some repeated questions......

(edited for spelling)

<small>[ May 30, 2003, 05:10 PM: Message edited by: Robert Wallace ]</small>

What a story, when is the movie coming ?

HPMAN:
What a story, when is the movie coming ?

Click to expand...

That would be funny to see one of Tiptonium's movies right about now.....

I like the one he made of Dion as the dog in the rocking chair.

Where are you at Tiptonium? make_fac I can see it now "All about SNK part 2".....lol....

DangerousK:

The Legendary LoneWolf:
why have I got the feeling that Chris and ray will ride the storm through ?, guess my money's on them now. Put it this way, WHOEVER is lying should just get done

Click to expand...

Well seeing that it is Chris and Dion, not Chris and Ray, I don't really think you have any idea about the whole issue.

Click to expand...

gordon bennit, I meant Chris and Dion as I was in a hurry when I typed that BUT obviously you had to point out the error and make a stupid statement about me not knowing what I was on about cause you didn't think I meant that. Well some peeps have more time on their hands then others and seem to think they are better, when they are not:ohno:

There's a saying in Sweden: "Malice is the only true happiness". Or something like that.

Robert Wallace:
Well my question is about all the people who have personal experiences with being ripped off by NGF.

Can those individuals testify in court aginst these 2 guys for being scammed?

I would think this would be possibly and some people may want to do this. Otherwise why else was the "NGF Bible" Created in the first place

If that were to happen I would think the testimony would help Playmore's case and possible lead to numerous civil cases aginst NGF.

Click to expand...

People have sent letters to the law offices representing Playmore offering help (including myself), but they haven't answered.

The case here arose when Playmore and SNK Neo Geo USA themselves bought counterfeit items from NGF on purpose to prove that they are selling them (catching them red-handed). I have a feeling they don't want to include lots of individual testimony because one bad witness could pervert their whole case (and I can't blame them, a lot of the more recent "turncoat" members have zero trustworthiness in my book). As it is now, Playmore has all the evidence they need once that initial police raid took place.

Another factor for lack of other cheated individuals is something I blame on the inherent fear within most frequent internet users to actually stick their neck out into a legitimate arena such as law. I would hardly expect any individual who is scared to death of showing his or her own face on the net from testifying in court (and again, I wouldn't trust them to speak for my case when important things are on the line).

As for a subsequent surge of civil damage, I'm not certain it would create anything too massive, since most of the instances of cheating don't rise above what could be handled in petty court. There have been larger-scale financial swindles, but those instances (as the rest) are subject to statutes of limitation which give you only a certain amount of time to launch a lawsuit before you loose the privilege to.

Good question, I've thought about it a lot (as may be apparent above).