Playmore v. NGF Suit Update: The most recent Docket available

Here is the court docket (the short-summary play-by-play of where the case is right now).

Remember:
- Cases do take time! (and a lot of money)
- This is rather complicated because there are 3 different defendants.

It goes from the begining of the case until February 5, 2003

Quick Analysis:
- I've highlighted the most recent events listed
- take care to see what the court says about "NGF" itself
- Filing an "Answer" means that Dion's attorney has finally responded to the "Complaint" (the initial charges by Playmore)
- Now that the Answer is filed, there may be more motions before trial begins
- Generally speaking, at this point the two side enter "Discovery" to find any relavent facts to their arguments (to get their ducks in a row). Thus there may not be any other action for a little while.

Anyway, Enjoy:

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

U.S. District Court
Central District of California (Southern Div)
CIVIL DOCKET FOR CASE #: 02-CV-1107
Playmore Corporation, et al v. Arcade Infinity Inc, et al

Filed: 12/02/02
Assigned to: Judge David O. Carter
Jury demand: Defendant
Referred to: Discovery Marc L. Goldman
Demand: $0,000
Nature of Suit: 820
Lead Docket: None
Jurisdiction: Federal Question
Dkt# in other court: None
Cause: 17:0501 Copyright Infringement
-------------------------------------------------

PLAYMORE CORPORATION Naru J Patel
aka FAX 949-833-2281
Seal 1 [COR LD NTC]
plaintiff Wang Madruga & Patel
1301 Dove St, Ste 1050
Newport Beach, CA 92660
949-833-8483

SNK NEOGEO USA CORPORATION Naru J Patel
aka (See above)
Seal 2 [COR LD NTC]
plaintiff

v.

ARCADE INFINITY INC David T Bracken
aka FAX 626-913-3372
Seal A [COR LD NTC]
defendant Addison H S Lau Inc
17800 Castleton St, Ste 550
City of Industry, CA 91748
626-913-3082

WORLD WIDE VIDEO ENTERTAINMENT Scott W McEwen
INC FAX 619-595-1745
aka [COR LD NTC]
Seal B Huston & McEwen
defendant 625 Broadway, Suite 600
San Diego, CA 92101
619-595-1735

NEOGEO FREAK Neogeo Freak
aka [COR LD NTC] [PRO SE]
Seal C 1412 Kirby Dr
dba Las Vegas, NV 89117-1207
Dion Dakis 702-256-8401
defendant

PLAYMORE CORPORATION, also known as Seal 1; SNK NEOGEO USA
CORPORATION, also known as Seal 2

plaintiff

v.

ARCADE INFINITY INC, also known as Seal A; WORLD WIDE VIDEO
ENTERTAINMENT INC, also known as Seal B; NEOGEO FREAK, also
known as Seal C, doing business as Dion Dakis

defendant


-------------------------------------------------
DOCKET PROCEEDINGS
-------------------------------------------------

DATE # DOCKET ENTRY

2/18/02 15 RETURN OF SUMMONS with attachment (see doc for details)
(mt) (seal) [Entry date 12/20/02]

12/2/02 1 COMPLAINT filed; Summons(es) issued; referred to Discovery
Marc L. Goldman (ln) [Entry date 12/05/02]

12/2/02 2 Notice OF INTERESTED PARTIES filed by plaintiff Seal 1,
plaintiff Seal 2 (ln) [Entry date 12/05/02]

12/2/02 3 EX PARTE APPLICATION filed by plaintiff Seal 1, plaintiff
Seal 2 ex parte application for order temporarily sealing
file; filed under seal; Lodged Proposed Ord (ln)
[Entry date 12/05/02]

12/2/02 4 EX PARTE APPLICATION filed by plaintiff Seal 1, plaintiff
Seal 2: #1 for temporary restraining order; #2 for order
to show cause re P/I; #3 for order for seizure &
impoundment of counterfeit articles & business cards; #4
for order for expedited discovery; filed under seal;
Lodged Proposed Order (ln) [Entry date 12/05/02]

12/2/02 5 MEMORANDUM of P/A IN SUPPORT by plaintiff Seal 1, plaintiff
Seal 2: of ex parte application for temporary restraining
order [4-1], ex parte application for order to show cause
re P/I [4-2], ex parte application for order for seizure &
impoundment of counterfeit articles & business cards [4-3],
ex parte application for order for expedited discovery;
filed under seal (ln) [Entry date 12/05/02]

12/2/02 6 Docs in Support by plaintiff Seal 1, plaintiff Seal 2 of:
to ex parte application for temporary restraining order
[4-1], ex parte application for order to show cause re P/I
[4-2], ex parte application for order for seizure &
impoundment of counterfeit articles & business cards [4-3],
ex parte application for order for expedited discovery
[4-4]; filed under seal; (ln) [Entry date 12/05/02]

12/2/02 7 DECLARATION of Sherry Howard by plaintiff Seal 1, plaintiff
Seal 2 in Support of: ex parte application for temporary
restraining order [4-1], ex parte application for order to
show cause re P/I [4-2], ex parte application for order for
seizure & impoundment of counterfeit articles & business
cards [4-3], ex parte application for order for expedited
discovery; filed under seal (ln) [Entry date 12/05/02]

12/2/02 8 DECLARATION of Maria Elida Davalos by plaintiff Seal 1,
plaintiff Seal 2 in Support of: ex parte application for
temporary restraining order [4-1], ex parte application for
order to show cause re P/I [4-2], ex parte application for
order seizure & impoundment of counterfeit articles &
business cards [4-3], ex parte application for order for
expedited discovery [4-4]; filed under seal; (ln)
[Entry date 12/05/02]

12/2/02 9 DECLARATION of Juan Marquez by plaintiff Seal 1, plaintiff
Seal 2 in Support of: ex parte application for temporary
restraining order [4-1], ex parte application for order to
show cause re P/I [4-2], ex parte application for order for
seizure & impoundment of counterfeit articles & business
cards [4-3], ex parte application for order for expedited
discovery [4-4]; filed under seal (ln) [Entry date 12/05/02]

12/2/02 10 DECLARATION of Thomas Martin by plaintiff Seal 1, plaintiff
Seal 2 in Support of: ex parte application for temporary
restraining order [4-1], ex parte application for order to
show cause re P/I [4-2], ex parte application for order for
seizure & impoundment of counterfeit articles & business
cards [4-3], ex parte application for order for expedited
discovery [4-4]; filed under seal; (ln)
[Entry date 12/05/02]

12/2/02 11 DECLARATION of Natu Patel by plaintiff Seal 1, plaintiff
Seal 2 in Support of: ex parte application for temporary
restraining order [4-1], ex parte application for order to
show cause re P/I [4-2], ex parte application for order for
seizure & impoundment of counterfeit articles & business
cards [4-3], ex parte application for order for expedited
discovery [4-4]; filed under seal; (ln)
[Entry date 12/05/02]

12/4/02 12 ORDER by Judge David O. Carter granting ex parte
application ex parte application for order temporarily
sealing file [3-1] (seal) [Entry date 12/10/02]

12/4/02 13 ORDER by Judge David O. Carter granting plfs Playmore and
SNK Corp's ex parte application for temporary restraining
order [4-1]; order to show cause re preliminary injunction
[4-2]; order for seizure & impoundment of counterfeit
articles & business cards records [4-3]; order for
expedited discovery [4-4]. It is ordered that dfts and
their agents, servants, employees, and all other persons
acting or attempting to act in concert or participation
w/them, or having knowledge of this order by service or
otherwise, are hereby temporarily restrained pending a
hearing and determination of an OSC why a preliminary
injunction should not be issued from: (see doc for
specifics); TRO shall expire w/in 10 days of this date.
order to show cause hearing set for 8:00 12/18/02 st a
bond in the amount of $5,000.00 as condition of this order.
Bond shall be posted w/in 3 court days of entry of this
order. Further ordered that the file shall be unsealed upon
execution of the seizure by the Marshal. Further ordered
that dfts shall show cause on 12/18/02 at 8:00. Dfts'
failure to respond or to appear at show cause hrg shall
result in immediate issuance of the preliminary injunction.
Dfts shall file w/this court & srv on plfs' attys Wang
Madruga & Patel any briefs, afdts, or other evidence in
opposition to a preliminary injunction NLT 12/11/02 at
12:00pm. Plfs shall file & srv a rply to dfts' opposition
NLT 12/14/02 at 12:00pm. (seal) [Entry date 12/10/02]

12/5/02 14 NOTICE OF UNDERTAKING in amount of $ 5,000.00 (Bond No.
712423) from plaintiff as to defendants (seal)
[Entry date 12/10/02]

12/18/02 16 PROCESS RECEIPT AND RETURN (USM-285) of summons and
complaint [1-1] returned executed upon defendant Seal A on
12/10/02 by personal service by serving Wai Yip Tao D/L
B3436179 (seal) [Entry date 12/20/02]

12/18/02 17 PROCESS RECEIPT AND RETURN (USM-285) of summons and
complaint [1-1] returned executed upon defendant Seal B on
12/11/02 by personal service by serving Brad Brown/owner
(seal) [Entry date 12/20/02]

12/18/02 18 MINUTES: Order to Show Cause Hearing re: Preliminary
Injunction held by Judge David O. Carter: Preliminary
injunction is GRANTED as to dft Arcade Infinity Inc. The
Temporary Restraining Order is continued until 1/14/03 as
to dft Neogeo Freak. The Order to Show Cause Hearing re:
Preliminary Injunction as to dft Worldwide shall be
continued as stipulated by counsel. Counsel for plf shall
prepare and lodge a proposed order consistent w/the court's
rulings NLT 12/19/02 at 4:00pm. Court orders case
unsealed. CR: Jane Sutton (seal) [Entry date 12/23/02]

12/20/02 19 ORDER by Judge David O. Carter 1. Granting plfs' motion for
preliminary injunction as against dft Arcade Infinity Inc;
2. Granting continuance of hearing on OSC re preliminary
injunction against dfts Worldwide Video Entertainment Inc &
Neogeo Freak with further orders; 3. Holding over bond; and
4. Order unsealing file (see doc for specifics) (mt)
[Entry date 12/27/02]

1/10/03 20 ANSWER filed by defendant Arcade Infinity Inc to complaint
[1-1] (mt) [Entry date 01/13/03]

1/10/03 21 CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by
defendant Arcade Infinity Inc (mt) [Entry date 01/13/03]

1/14/03 24 MINUTES order to show cause hearing re preliminary
injunction held by Judge David O. Carter: Witnesses called,
sworn & testified. Exhibits identified. Counsel and parties
are excused to meet and confer and reach an agreement as to
dft Neogeo Freak. Details of agreement are read into the
record. Court continues order to show cause hearing re
preliminary injunction as to dfts Neogeo Freak and World
Wide Video Entertainment to1 /15/03 at 4:30pm. CR: Jane
Sutton & Debbie Gale (mt) [Entry date 01/17/03]

1/15/03 22 STIPULATION and ORDER by Judge David O. Carter granting
plfs' motion for preliminary injunction as against dft
Worldwide Video Entertainment Inc: It is hereby ordered
that dft WVE its officers, directors, agents, servants,
employees, and all those acting or attempting to act in
active concert or participation w/them are preliminarily
enjoined and restrained from: (see doc for specifics); It
is further ordered that the $5,000 bond previously posted
by plfs shall remain in effect until final resolution of
this matter. (mt) [Entry date 01/17/03]

1/15/03 23 ORDER by Judge David O. Carter granting plfs' motion for
preliminary injunction as against dft Neogeo Freak: (see
doc for specifics) (mt) [Entry date 01/17/03]

1/15/03 25 MINUTES order to show cause hearing re preliminary
injunction held by Judge David O. Carter: Counsel and
parties inform the court that they are unable to finalize
agreement re preliminary injunction. Court conducts
further hearing on preliminary injunction. Witness
re-called & testified. Exhibits identified. Order granting
plfs' motion for preliminary injunction against dft Negeo
Freak signed and filed this date. Stip re preliminary
injunction against dft World Wide Video Entertainment
signed and filed this date. CR: Debbie Gale (mt)
[Entry date 01/17/03]

1/24/03 26 ANSWER filed by defendant World Wide Video to complaint
[1-1]; jury demand (mg) [Entry date 01/27/03]

1/24/03 27 CERTIFICATION OF INTERESTED PARTIES filed by defendant
World Wide Video (mg) [Entry date 01/27/03]

1/24/03 28 CERTIFICATION OF INTERESTED PARTIES filed by defendant
World Wide Video (mg) [Entry date 01/27/03]

1/24/03 29 ORDER by Judge David O. Carter Setting Sched Conf:
mandatory status/scheduling conf set for 8:30 4/7/03 (see
doc for fur directives & specifics) (ln)
[Entry date 01/27/03]

1/31/03 30 NOTICE OF INTERESTED PARTIES filed by defendant Neogeo
Freak, a fictitious business name of Dion Dakis (mt)
[Entry date 02/05/03]

1/31/03 31 ANSWER filed by defendant Neogeo Freak, a fictitious
business name of Dion Dakis to complaint [1-1] (mt)
[Entry date 02/05/03]

<small>[ February 12, 2003, 02:02 PM: Message edited by: Bobak ]</small>

Sorry, I'm a simpleton, what does this all mean?

pyrokilla:
Sorry, I'm a simpleton, what does this all mean?

Click to expand...

Basically, this is going to take awhile.

I figure it should be mentioned that a "ficticious business name" is not to mean a bullshit business name that he made up. You actually have to file for a ficticious business name when you are starting a new business with the city hall within which your business is headquartered.

EvilWasabi:
I figure it should be mentioned that a "ficticious business name" is not to mean a bullshit business name that he made up. You actually have to file for a ficticious business name when you are starting a new business with the city hall within which your business is headquartered.

Click to expand...

In addition, the statements above mean that there is only one person being sued here: Dion Dakis as NGF. Wonder if Chris Ray is lending legal support.

Bobak:

EvilWasabi:
I figure it should be mentioned that a "ficticious business name" is not to mean a bullshit business name that he made up. You actually have to file for a ficticious business name when you are starting a new business with the city hall within which your business is headquartered.

Click to expand...

In addition, the statements above mean that there is only one person being sued here: Dion Dakis as NGF. Wonder if Chris Ray is lending legal support.

Click to expand...

Good point... Why isn't Chris R mentioned...

Maybe he was only a spiritual partner in the NGF scheme.

Why are they going after arcade-infinity?

EvilWasabi:

Bobak:

EvilWasabi:
I figure it should be mentioned that a "ficticious business name" is not to mean a bullshit business name that he made up. You actually have to file for a ficticious business name when you are starting a new business with the city hall within which your business is headquartered.

Click to expand...

In addition, the statements above mean that there is only one person being sued here: Dion Dakis as NGF. Wonder if Chris Ray is lending legal support.

Click to expand...

Good point... Why isn't Chris R mentioned...

Maybe he was only a spiritual partner in the NGF scheme.

Click to expand...

Maybe he's letting him drown.

Jeff

Bobak, you know the legal system quite well, what in your opinion is gonna happen about NGF? Seriously, will they lose do you think?

EvilWasabi:

Bobak:

EvilWasabi:
I figure it should be mentioned that a "ficticious business name" is not to mean a bullshit business name that he made up. You actually have to file for a ficticious business name when you are starting a new business with the city hall within which your business is headquartered.

Click to expand...

In addition, the statements above mean that there is only one person being sued here: Dion Dakis as NGF. Wonder if Chris Ray is lending legal support.

Click to expand...

Good point... Why isn't Chris R mentioned...

Maybe he was only a spiritual partner in the NGF scheme.

Click to expand...

I think keeping Chris Ray's name out of the legal proceedings would allow him to 'liquidate' any remaining NGF stock. He could always claim that he isn't involved with NGF, and therefore be exempt from any restraining orders on selling.

Don't worry, Chris Ray is giving Dion "oral" support . . . lol lol lol

That was pretty damn funny, actually. glee

I can assure you that there is no way that Playmore will defeat NGF. Playmore had to pay a $5,000 bond to the court for their royal fuckup. Playmore should get their facts straight before they go around suing people for fun. It would eventually bite them in the ass as I knew it would. I would say that they will be out of business in a year or so.

Makismo:
I can assure you that there is no way that Playmore will defeat NGF. Playmore had to pay a $5,000 bond to the court for their royal fuckup. Playmore should get their facts straight before they go around suing people for fun. It would eventually bite them in the ass as I knew it would. I would say that they will be out of business in a year or so.

Click to expand...

....why.... oh_no

chimpmeister:
Don't worry, Chris Ray is giving Dion "oral" support . . . lol lol lol

Click to expand...

Actually it's best that Chris Ray not be implicated. The serious charge of conspiracy would mean jail time if they find that fool guilty.
Playmore should have done more homework.
The bottom line is NGF has been exposed and things will nevah be the same..
Chris Ray is the guy who cobbled together those fake Zupapas..he's more of the bootlegger and Dion is the counterfeiter.
I would be very very careful to purchase anything from Chris Ray.. He's the type of individual that can't help getting into to things meaning I would bet that he's opened about 80% of the cartridges he owns and sells...He's a busy body and an experimentor rembling Dr.Wily more and more these days!
-BB

BIG BEAR is right.

Who was the person buying ERPOM chips in bulk from eBay?
Who was the person selling one of his used soldering station and proclaiming to be the Zen master of all bootleggers?
Who freaked his entire home cart collection and displayed these pic publicly?

Answer: Chris Ray

Chris Ray is, or was, the NGF factory so to speak. Dion was just the most vocal, the front man pushing the freaked goods.

Makismo:
I can assure you that there is no way that Playmore will defeat NGF. Playmore had to pay a $5,000 bond to the court for their royal fuckup. Playmore should get their facts straight before they go around suing people for fun. It would eventually bite them in the ass as I knew it would. I would say that they will be out of business in a year or so.

Click to expand...

Two simple questions crush this sentiment:
(1) Who sold counterfeit merchandise to a Playmore employee?
Answer: Dion (read the facts section of the Playmore Complaint)

(2) Who has deeper pockets? Playmore Corporation or Dion Dakis?
Answer: Hate to break it to you, but one of the two makes the games, and the other pirates them. It speaks for itself. Even if Dion's attorneys could somehow keep the court busy it would still kill Dion's side since, obviously, time costs money, lots of money.

So, either Dion will loose for getting caught red handed, or he will hemmorage so much money trying to keep the case from ending that he'll wish he'd never made up the term "Corrected Insert".

Makismo, your messiah is very, very human.

Who knows maybe they'll settle on the agreement that Dion never sells games again. It could happen -unless Playmore is really out for blood (considering they combined 3 actions, it sounds like they are).

<small>[ February 12, 2003, 06:21 PM: Message edited by: Bobak ]</small>

Shawn:
BIG BEAR is right.

Who was the person buying ERPOM chips in bulk from eBay?
Who was the person selling one of his used soldering station and proclaiming to be the Zen master of all bootleggers?
Who freaked his entire home cart collection and displayed these pic publicly?

Answer: Chris Ray

Chris Ray is, or was, the NGF factory so to speak. Dion was just the most vocal, the front man pushing the freaked goods.

Click to expand...

They definitely got the right man(?)though.
Chris Ray was nevah equal partners with Dion as we all know for sure now.Dion was Chris Ray's Benefactor if you will.
He was the one man "sweat shop" while Dion worked the "show room".
NGF financed Chris Ray's move to Colorado...
-BB

I’m not saying that Dion is the wrong guy for Playmore to swat, apparently he was, and unfortunately for him he was doing business under Dion Dakis and not NeoGeo Freak. I’m saying that Chris Ray obviously played a major role in the fictitious business known as NeoGeo Freak. I suppose Chris Ray was doing business under “Chris Ray” which tells us that they never operated a company to any official or legal capacity.

Makismo:
I can assure you that there is no way that Playmore will defeat NGF. Playmore had to pay a $5,000 bond to the court for their royal fuckup. Playmore should get their facts straight before they go around suing people for fun. It would eventually bite them in the ass as I knew it would. I would say that they will be out of business in a year or so.

Click to expand...

Before you start commenting on ANY thing in the legal arena, I think you should know what the fuck you are talking about. That is not why the bond was posted.. fucktard.

Go back to searching around in Dion's "legal" briefs... I'm sure your game of polishing dion's gavel is far more interesting.

Shawn:
I’m not saying that Dion is the wrong guy for Playmore to swat, apparently he was, and unfortunately for him he was doing business under Dion Dakis and not NeoGeo Freak. I’m saying that Chris Ray obviously played a major role in the fictitious business known as NeoGeo Freak. I suppose Chris Ray was doing business under “Chris Ray” which tells us that they never operated a company to any official or legal capacity.

Click to expand...

I understand...I was'nt implying anything but just adding to your comments..not attempting to correct you
Believe me when I tell you that I understand your demeanor...Hhaha (me come in peace)
But anyway,if they had to get one,I would choose Dion everytime because this guy is a "master of deception".I believe he could sell snow in Alaska and the customer would walk away happy.
-BB

Agreed, if I had to choose one, I would also pick Dion to nail. He vocally disrespected SNK/Playmore for years, thinking he was invincible. Not that I’m implying anything, lol, but I’ve heard that steroids give you the false feeling of being “the man”. Regardless, I’m sure he’s feeling very mortal now, w/ many sleepless nights full of regret.

I am pretty much "indifferent" to this entire thing. I do not really have an opinion on what should happen to whom and/or wether or not it is justified. However I am most curious as to how it will all turn out.

Personal curiosity aside however, the only thing that actually "matters" to me is which (if any?) "losses" (and by that I mean losses for us and not for them) have occurred thanks to this fiasco.

Hopefully someone here or there can at some time sift through all the documents & information and find out for us what exactly and notice I said "exactly" was "lost". (and I also don't mean ALL the items, just the ones that "count".)

This is really all I personally care about in regards to this subject. In the END, nothing else "really" matters. :o

Shawn:
I’m sure he’s feeling very mortal now, w/ many sleepless nights full of regret.

Click to expand...

DOG with a bone sees it's reflection in the pond.Dog drops bone into the pond trying to claim thebone that belongs to it's reflection is DION DAKIS.
I would just like to borrow the phrase he coined and state:
I LOVE IT!!!
-BB
BTW.. Billy,your handle should be PROTO MANIAC
Not to be mean but it fits you...
-BB

<small>[ February 12, 2003, 11:19 PM: Message edited by: BIG BEAR ]</small>

SuperGun:
I am pretty much "indifferent" to this entire thing. I do not really have an opinion on what should happen to whom and/or wether or not it is justified. However I am most curious as to how it will all turn out.

Personal curiosity aside however, the only thing that actually "matters" to me is which (if any?) "losses" (and by that I mean losses for us and not for them) have occurred thanks to this fiasco.

Hopefully someone here or there can at some time sift through all the documents & information and find out for us what exactly and notice I said "exactly" was "lost". (and I also don't mean ALL the items, just the ones that "count".)

This is really all I personally care about in regards to this subject. In the END, nothing else "really" matters. :o

Click to expand...

Looking at the materials taken by the court, Dion only had Warlock of the Fates, but it appears that World Wide Video was also selling this game in MVS form... So it can't be that hard to find. As for the other protos, they seems to be MIA so unless Chris had them (yeah right), then all we lost was Warlock of the Fates... which for all intents and purposes was lost anyway since Dion had it...

-Nick