C-A Acquisition Corp. vs. Hyperion Ent.

[SpeedGeek]

If you have been following the legal dispute between Cloanto and the Amiga parties with Hyperion then you might be interested in this update:

https://www.pacermonitor.com/public/case/28135742/CA_Acquisition_Corp_et_al_v_Hyperion_Entertainment_CVBA

(A perfect example of what happens when you hire lawyers and give them a blank check  ).

[SpeedGeek]

Finally IMO some positive news:

Thursday, November 21, 2019
ORDER granting Plaintiffs'16 Motion for Default Against Hyperion Entertainment CVBA signed by Clerk William M McCool. (LW)


 

[SpeedGeek]

Now he could technically run into the courtroom five minutes before closing time and go "I'm here! I'm awake! What was the question again?" but what impression would that make on a judge?

I'm not a legal expert and can only go on what i have read on the internet, including various official sources.  It would seem that filing a motion to have the default judgement vacated or set aside would be a little more formal and the time period in which to do so would be a little longer than you seem to imply.

It's really not so much a matter of time but rather a matter of "Good Cause":

FRCP Rule 55 – Default; Default Judgment

(a) Entering a Default. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party’s default.

(c) Setting Aside a Default or a Default Judgment. The court may set aside an entry of default for good cause, and it may set aside a final default judgment under Rule 60(b).

[SpeedGeek]

@Rob

Apparently, you still don't get it. There is no specified time period for a Default judgment to be set aside. Hyperion could at any time file a motion to request this, and it will be up to the judge to determine if there is "Good Cause" to do so. But this discussion is really pointless.

Since, you have not been following this case you simply don't realize how very obvious it is, that Hyperion never intended to respond to this case.

Now exactly why is not known, but it's likely that Hyperion expects this judgment to be unenforceable outside the U.S. and what was at stake in the U.S. simply was not worth the legal cost to defend. Also, unlike the rather dubious definition of OS4 in the settlement agreement (which Hyperion used to claim rights to any version of Amiga OS) the Hyperion trademarks were exact and specific. So, Hyperion now has a much more serious problem claiming the rights to any trademarks they want.   

[SpeedGeek]

Hopefully, now that the trolls have posted their 2 cents worth, we can get back to a more respectful and on-topic discussion here:

ORDER granting Plaintiffs'21 Motion for Leave to File Over-Length Motion. Plaintiffs may file a motion for entry of default judgment of no more than 11 total pages. Defendant's response brief (if any) shall be no more than 11 total pages. Signed by Judge Ricardo S. Martinez. (PM)

BTW, all the trolling and threats here won't in any way influence the courts decision.