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Sunderer
post Oct 3 2011, 9:04 am
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I haven't posted here in a long time (if ever).

At the risk of duplicating a topic, you can access the litigation between the other members and Ed. (We lawyers find these things).

I do not believe I am allowed to link to the direct site, but the lawsuit is filed in the State Supreme Court in New York. Your GoogleFoo skillz should get you there!

Their records are free so long as you agree to the terms. You can view the various pleadings.

Then you can say you are PRIVY to something !


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Sunderer
post Oct 3 2011, 9:49 am
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Sorry about duplication.

The complaint was two-fold: (1) failure to pay $300,000 (he apparently paid $75,000 on an advance); and (2) the bootleg.

There is absolutely nothing since August of last year. Now discovery in civil cases is conducted outside the purview of the court (unless a discovery dispute arises). So you might not hear about discovery.

BUT, a year is a LONG time without hearing anything. No trial settings requested, no hearings requested, nothing.

Perhaps New York dockets are ten times worse than where I practice (Texas), but a year with nothing reported on the docket is CRAZY.

I previously offered (probably on FB) to mediate this dispute. This mediation would occur in Vegas. I would NOT charge for travel or hotel, as I can get those - just my time during the mediation. And since I'm a specialized divorce attorney, this dispute is right up my alley. Just another breakup. Unfortunately, the "parents" left millions of heart-broken "kids" in this case.

And to digress on to other topics ... I don't care if you make Jesus Christ the lead singer of your new re-tooled band, it WON'T WORK 9 times out of 10. Ask Fuel (Brett had that cool voice). Ask Creed (and they lost their mo). Heck, even Journey stinks after all these years. [Van Halen is the one and only exception].

LIVE needs to start over. They need to write a new agreement. If Ed is doing 99% of the writing as he claims, then re-tool the '05 Agreement. Write an agreement where Ed can work on solo projects as well (it seemed to work for Sting and the Police).

But I turn 50 in March, and I'm planning on spending my birthday making extremely poor choices in Vegas. banana.gif As least SOME good could come out of my trip.



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Bremang
post Oct 3 2011, 1:16 pm
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QUOTE(Sunderer @ Oct 3 2011, 10:49 am) *

BUT, a year is a LONG time without hearing anything...

....a year with nothing reported on the docket is CRAZY.


It seems incredibly suspicious. Is it reasonable to imagine that CCP's claims were made in bad faith?

Many people here have read the docket. Would you say that someone could find more information by actually visiting the court records building? I am curious as to what the Stipulation is about.

As far as what you said about "privy", I was saying that based on what the docket provides, we have no way to determine whether Ed was in breach of any contract.

CCP are also saying Ed owes them money from entering into a contract that gave him a million dollar signing bonus, not just royalties from the website. I wonder if anyone actually bought that crappy live audio from his website.

This post has been edited by Bremang: Oct 3 2011, 1:27 pm


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mfitz804
post Oct 3 2011, 1:43 pm
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QUOTE(Bremang @ Oct 3 2011, 2:16 pm) *

It seems incredibly suspicious. Is it reasonable to imagine that CCP's claims were made in bad faith?


If the claims were truly in bad faith, one would think that Ed and his people would have made a motion to dismiss rather than just allowing the matter to linger on the Court's docket, unpursued.


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Posts in this topic
Sunderer   The Litigation   Oct 3 2011, 9:04 am
dangum   Hi and welcome to the forum. We had a lengthy disc...   Oct 3 2011, 9:24 am
dangum   BUT, a year is a LONG time without hearing anythi...   Oct 3 2011, 10:04 am
mfitz804   Is there a statute of limitations for this sort o...   Oct 3 2011, 12:16 pm
Bremang   Copyright on recorded music exists on two level...   Oct 3 2011, 2:03 pm
mfitz804   Can we know for sure this before discovery? The...   Oct 3 2011, 2:11 pm
Bremang   The principle is one of law...if they are in on...   Oct 3 2011, 2:35 pm
mfitz804   But couldn't there be other contracts or nego...   Oct 3 2011, 2:52 pm
Bremang   I suppose if there had been some agreement whe...   Oct 3 2011, 4:56 pm
mfitz804   Why would Ed's lawyer be willing to deny all ...   Oct 3 2011, 5:46 pm
Bremang   Because if he didn't deny them, he would b...   Oct 3 2011, 6:09 pm
mfitz804   But are there not ethical considerations for a la...   Oct 4 2011, 7:05 am
OutToDry   .   Oct 3 2011, 6:29 pm
Bremang   Is there a statute of limitations for this sort o...   Oct 3 2011, 1:24 pm
mfitz804   I tried going over the New York Rules of Civ Pro ...   Oct 3 2011, 1:41 pm
Bremang   After an action is filed, the Court will set a...   Oct 3 2011, 2:09 pm
mfitz804   Thank you... Do you believe that CCP made this c...   Oct 3 2011, 2:15 pm
Bremang   THAT is impossible to know without hearing bot...   Oct 3 2011, 2:32 pm
mfitz804   I apologize if this question is non-nonsensical, ...   Oct 3 2011, 2:46 pm
Bremang   You don't make a motion to compel discovery...   Oct 3 2011, 5:14 pm
mfitz804   Would prior existing agreements appear on the doc...   Oct 3 2011, 5:46 pm
Bremang   No they would not appear on the docket in any ...   Oct 3 2011, 6:14 pm
mfitz804   Thanks again.... I apologize again if these ques...   Oct 4 2011, 7:07 am
Bremang   Contracts come in as part of the discovery pro...   Oct 4 2011, 2:21 pm
mfitz804   much thanks! If within an answer the respon...   Oct 4 2011, 2:58 pm
Aitkens   And to digress on to other topics ... I don...   Oct 3 2011, 6:01 pm
Aitkens   Just a heads up, Mark, Scott, and Brian left Scott...   Oct 3 2011, 12:30 pm
mfitz804   Just a heads up, Mark, Scott, and Brian left Scot...   Oct 3 2011, 12:35 pm
SecretInsomnia   It worked for Genesis as well?! (not that I -...   Oct 3 2011, 1:31 pm
Hoodstock   Wa Wa Wa Wa Wa   Oct 3 2011, 6:00 pm
Sunderer   Wow! I get some work done, and the thread fil...   Oct 3 2011, 6:36 pm
Bremang   Forget all the bad faith stuff. Hopefully I wo...   Oct 3 2011, 7:49 pm
OutToDry   it's not contrived, and it's still out the...   Oct 3 2011, 8:06 pm
mfitz804   it's not contrived, and it's still out th...   Oct 4 2011, 7:09 am
Bremang   I'm pretty sure its not contrived. And it ...   Oct 4 2011, 2:25 pm
mfitz804   maybe they got pissed and tired about Ed not answ...   Oct 4 2011, 2:54 pm
Bremang   like bigfoot   Oct 4 2011, 4:03 am
dancing queen   maybe I'm the last one to the party here... bu...   Nov 8 2011, 10:15 am
zmanpga   just read entire pdf, answers Last line "pray...   Nov 8 2011, 11:19 am
OutToDry   ihavebeenwrongedbyyousomedayyoullsomedayyoullseewh...   Nov 8 2011, 9:15 pm


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