NGF Case Update: Settlement Speculation

aria · Apr 17, 2003

A week after the Court set the trial date (well into next year), it appears as though one of the parties in this case (we're not sure who) is trying to settle. A settlement meeting has been made for two months from now.

Is this surprising?
No. 90+ percent of cases settle before reaching trial. Why? It's cheaper for all parties involved (less lawyer bills) and it usually gets the job done. Essentially, some of the defendants have probably realized that their better off agreeing to some of Playmore's demands and paying a lesser sum than getting the double-whammy of paying to put a case to trial and then getting a judgement levied against them.

In this case there may be a rule requiring an initial attempt to settle, but I think some defendants just want to end this before they spend another year on it.

The text:
-------------
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]

FeelGood · Apr 17, 2003

This trial would have been great if it occured faster.

justice delayed is justice denied...

Tacitus · Apr 17, 2003

I think the respective parties saw not being able to manuever for a year in the market place and decided it was for the best to cash out now.

I don't see Playmore going for the nuts in this case. I see them as just not wanting people stepping all over them to make money on stuff they (Playmore) own. It's the crux of their Aruze case.

I wouldn't be surprised if it's a nominal cash settlement, barring them from the prohibited activities and maybe keeping the confiscated stock or at least the offending parts of the stock (inserts, protos, labels, MVS boots.. etc).

On the other hand, I wouldn't be surprised if Playmore decides to be ruthless bastards and go for their hearts.. especially in a case that (for some parties at least) is pretty open-and-shut. One thing I think they probably did was get the date set, go back to the parties involved and said. "You're a small fish swimming in our large pond, we can drag this out for years." and basically will get their way in settlement proceedings with the impending doom of them not reaching a settlement and dragging it out again over the defendant's heads.

Who knows.. speculation at best.

[ April 17, 2003, 12:52 PM: Message edited by: VanillaThunder ]

bokmeow · Apr 17, 2003

Does this look like the Duo will swallow their pride and admit their wrongdoing, settle out of court with a hefty cash settlement? They've got to know themselves what they did was outright counterfeiting, and as a consequence they stand no chance of winning the case.

Mike · Apr 17, 2003

bokmeow:
Does this look like the Duo will swallow their pride and admit their wrongdoing, settle out of court with a hefty cash settlement? They've got to know themselves what they did was outright counterfeiting, and as a consequence they stand no chance of winning the case.

Either that OR PLAYMORE is buying NGF out, meaning that NGF will never be allowed to sell "corrected" or "unreleased" carts ever again.

Sadly that wouldn't include the sticker and stamp issue.

However, all the proto's will find their way back to PLAYMORE at least making a chance of an eventual authentic release.

Here's for an official release for Neo Pool Master!!

Bluevoodu · Apr 17, 2003

neo pool master?

do they really have a proto of that?

†B†V†

Tacitus · Apr 17, 2003

Undetermined.

The claim it, but only showed Video of the release at the last CGE.

Check out the initial Seizure list, it should show what they had exactly in Dion's house. (Not counting Chris'.. I'm sure he had some stuff too)

bokmeow · Apr 17, 2003

Bluevoodu:
neo pool master?

do they really have a proto of that?

†B†V†

Will the Duo have already taken a leak in the pool before Playmore get to it? Besides, if it's a Proto, isn't that supposed to mean Playmore has the original code for it already?

RyoGeo · Apr 17, 2003

Very interesting. I only hope that the settlement is not closed to public release! The formal term escapes me, but sealing away the final settlement will only provide "thing 1 and thing 2" the ability to spin their tale.

Gag order or not, there's no way "D the Greek" will be able to keep his mouth shut unless there is full disclosure of the settlement.

Often times, settlements are closed, are they not, Bobak!?

Oye, I hope not in this case.

[ April 17, 2003, 01:38 PM: Message edited by: RyoGeo ]

Tacitus · Apr 17, 2003

RyoGeo:
Very interesting. I only hope that the settlement is not closed to public release! The formal term escapes me, but sealing away the final settlement will only provide thing one and thing 2 the ability to spin their tale.

Gag order or not, there's no way "D the Greek" will be able to keep his mouth shut unless there is full disclosure of the settlement.

Often times, settlements are closed, are they not, Bobak!?

Oye, I hope not in this case.

Yes they are.

Problem with the tale spinning:

If they're not in business, much less selling freaked games... etc. (i.e. Normal NGF actions)

you know what happened.

RyoGeo · Apr 17, 2003

True enough, V. Thunder, but I want my pound of flesh. very_ang

Tacitus · Apr 17, 2003

I'm *sure* that part is coming, but we will probably not be privy to it.

If anyone can drop in on the hearing, you may just be able to catch the settlement.

You have the date and address right there and they are public hearings. Just show up on the 18th of June and enjoy!

Edit:

There's no guarantee on who's settling. It could be any one of the 3 defendants in this case. We'll have to wait until the 18th for the story on that, I guess.

[ April 17, 2003, 01:44 PM: Message edited by: VanillaThunder ]

rugal2000 · Apr 17, 2003

Its a shame. I heard Dion intended to put the system on trial.

[ April 17, 2003, 02:00 PM: Message edited by: rugal2000 ]

Bluevoodu · Apr 17, 2003

the system on trial?

†B†V†

aria · Apr 17, 2003

Mike:
Either that OR PLAYMORE is buying NGF out, meaning that NGF will never be allowed to sell "corrected" or "unreleased" carts ever again.

I highly doubt Playmore would buy NGF out.

let me clarify something to everyone:
IF it is NGF that is settling (we don't know which party it is), then they'll probably pay less damages, but agree never to sell illegal games again or deal in them.

As I said from day one: The Dionic Duo will just never want to deal in Neo again.

If they do, we'll just have to report them to the Playmore lawyers and check if what they're doing is okay.

rugal2000 · Apr 21, 2003

posted by bluevoodoo"the system on trial?"

Yeah he found the habeus corpus in this case.
He was going to turn the trial on its head. He considers himself a victim and this case would be like the OJ simpson trial of the videogames world

bokmeow · Apr 21, 2003

rugal2000:
posted by bluevoodoo"the system on trial?"

Yeah he found the habeus corpus in this case.
He was going to turn the trial on its head. He considers himself a victim and this case would be like the OJ simpson trial of the videogames world

I see the similarity: They're both guilty!

RyoGeo · Apr 21, 2003

Funny thing is, he is probably so deluded by the fantasyscape he is constantly trying to paint that he may actually believe himself the victim as opposed to someone that thought to take advantage of properties that were in limbo and profit from them.

No matter how you slice it, "D the Greek" is a Pirate that sought to profit from properties that he did not have any right to market.

I will also add that one thing that makes me think the settlement may indeed be with Dionic Duo is the fact that Playmore switched their complaint from NGF (an entity that never truly existed from a business perpsective) directly to Dion and Chris. This being the case, there is no Company to go after but rather just the people.

In other words, Dion and Chris would pay any damages personally as opposed to NGF the Company being responsible. Were NGF an incorporated entity, that would afford Dion and Chris some modicum of protection because only NGF holdings would be subject to any liability. It would be easy enough to declare NGF bankrupt (not that they aren't morally, anyway) and be done with it, but naming DIon and Chris as the actual defendants puts the owness on them personally to cover any damages.

Just an armchair read, as I am no corporate lawyer, but the fact that they are named, and NGF as a defendant has gone by the wayside speaks volumes in my mind.

[ April 21, 2003, 03:19 PM: Message edited by: RyoGeo ]

Pep · Apr 21, 2003

“Habeas corpus” should not be applied for once you have been arrested?

rugal2000 · Apr 21, 2003

Sorry im just fooling around....all this just reminds me of that scene in "cable Guy" where Jim carrey goes to prison pretending to be Matthew brodericks lawyer. He talks about the "habeus corpus" and he slams his hand on the table saying he;s "going to put the system on trial".!

leepantalone · Apr 21, 2003

What assets could Dion actually have that Playmore would win in a settlement????

I am sure that in the end, if Playmore or Dion prolong the issue, Playmore will have spent far more then they would ever win from Dion... and even if they won a large settlement, what could they ever collect?

Is Dion a man with vast assets??? Property? Investments? What would he pay them with?

We all know that NGF is pretty much in the hole with sales.....

I just dont know what financial payback there could possibly be with Playmore pursuing this, after they pay for all of the various fees associated with their legal team.

It is like sueing someone with 10k annual income for 10 million dollars.... they could / will never pay.

evasyar · Apr 21, 2003

leo d00d - if playmore did win i am sure the award would also include future earnings and/or assets that the duo have or will have. at that point, the duo would best have great accountants that could "HIDE" their assets or future earnings, heheh...

the storm doesn't seem to let up in the duo's backyard of late. :o

Tarma · Apr 21, 2003

Pep:
“Habeas corpus” should not be applied for once you have been arrested?

"Release the body" - where the hell does that come into it? No one's been arrested.

Maybe closer to 'in pari causa potior est conditio possidentis'

Ah.. hum...

in conventionibus contrahentium voluntas potius quam verba spectari placuit

FeelGood · Apr 21, 2003

Tarma:

Pep:
“Habeas corpus” should not be applied for once you have been arrested?

Click to expand...

"Release the body" - where the hell does that come into it? No one's been arrested.

Habeas means "you possess" or "you hold."

Kind of the opposite of "release."

Has tam prosperas tamque inopinatas res consecuta
est subita commutatio, quod fortuna sua mobilitate,
quen paulo ante extulerat, demergere est adorta.

-Nepos relaying the end of Dion

aria · Apr 21, 2003

Anyone find it funny that both Dion and Saddam fell in the same year?

- both love strict censorship
- both pretend to be completely legitimate
- both are insecure bullies
- both have been popularly attacked on their sexuality
- both had their asses handed to them by bigger, more serious fish

NGF Case Update: Settlement Speculation

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