Live / EK Mediation Day, Dec 14, 2012 Options

[PurdueSteve]

I notice on Friends of Live's FB, people are still calling Ed a thief, but the lawsuit is over and without a CCP win. I guess certain people are trying hard to downplay the lawsuit, because it didn't go the way they had anticipated.

What are you talking about? It settled. Do you know what they means. It means Ed's camp went to CCP and said what will it take to make this go away. CCP must've gotten enough of what they wanted to settle. That is considered a win.

[SJN1279]

What are you talking about? It settled. Do you know what they means. It means Ed's camp went to CCP and said what will it take to make this go away. CCP must've gotten enough of what they wanted to settle. That is considered a win.

If CCP won in anyway, the gloating would have been unbearable. OTD did not seem happy about the thread being revisited, so to me that seems like things didn't go there way. The last I heard, they walked out of mediation, and the case ended shortly after. They may have seen that they weren't going to get what they wanted and they walked away.

[SinfulEyes]

What are you talking about? It settled. Do you know what they means. It means Ed's camp went to CCP and said what will it take to make this go away. CCP must've gotten enough of what they wanted to settle. That is considered a win.

Some are just that stupid that they will never get it.

[SinfulEyes]

If CCP won in anyway, the gloating would have been unbearable. OTD did not seem happy about the thread being revisited, so to me that seems like things didn't go there way. The last I heard, they walked out of mediation, and the case ended shortly after. They may have seen that they weren't going to get what they wanted and they walked away.

I am pretty certain you'll get over it.

[Live4Life]

If CCP won in anyway, the gloating would have been unbearable.

Hahhaa i was just thinking the same thing. You Called it again. lol

No one gets ANYTHING, they dropped the whole thing.
And besides, i'm pretty sure Ed never planned on using the Live name anyway.
I mean, why would he?

[zmanpga]

If CCP won in anyway, the gloating would have been unbearable. OTD did not seem happy about the thread being revisited, so to me that seems like things didn't go there way. The last I heard, they walked out of mediation, and the case ended shortly after. They may have seen that they weren't going to get what they wanted and they walked away.

NICK=JACKWAGON

[PurdueSteve]

If CCP won in anyway, the gloating would have been unbearable. OTD did not seem happy about the thread being revisited, so to me that seems like things didn't go there way. The last I heard, they walked out of mediation, and the case ended shortly after. They may have seen that they weren't going to get what they wanted and they walked away.

No. You're in fairy tale wrastlin' make believe land again. Did they get what they "wanted". Who knows. The dollar amount the sued for, as is most cases, on the high side with the expectation the other party will counter or that if it goes to court it'll be less. I doubt they ever expected to get the full amount.

Despite you biased opinion, they had a case. Otherwise I'm sure their lawyers wouldn't have advised them of such moves. It's likely by walking out they made a statement to Team Ed that they were serious and Team Ed made a settlement offer that CCP accepted. I'm sure CCP didn't want it to go to court either as that would have been a burden on them as well.

To think that just because it didn't go to trail, that CCP didn't "win" or that Ed didn't have to pay up or make other agreements is silly. This is how most cases end up.

[SJN1279]

No. You're in fairy tale wrastlin' make believe land again. Did they get what they "wanted". Who knows. The dollar amount the sued for, as is most cases, on the high side with the expectation the other party will counter or that if it goes to court it'll be less. I doubt they ever expected to get the full amount.

Despite you biased opinion, they had a case. Otherwise I'm sure their lawyers wouldn't have advised them of such moves. It's likely by walking out they made a statement to Team Ed that they were serious and Team Ed made a settlement offer that CCP accepted. I'm sure CCP didn't want it to go to court either as that would have been a burden on them as well.

To think that just because it didn't go to trail, that CCP didn't "win" or that Ed didn't have to pay up or make other agreements is silly. This is how most cases end up.

I know they made agreements, but CCP didn't get what they wanted. If they did, OTD wouldn't have chastised me for digging the thread up again.

[SinfulEyes]

I know they made agreements, but CCP didn't get what they wanted. If they did, OTD wouldn't have chastised me for digging the thread up again.

So you admit to being a troll.

[SctSamadhi]

So you admit to being a troll.

I think he has the word TROLL tattooed across his ass. Only there is no letter O in the tattoo.

[Bremang]

The filing systems for this claim do not reveal much, other than that CCP filed a stipulation for discontinuence.

We know that this occurred three and a half months ago, yet nobody spoke about it.

Does anyone know whether there was a settlement, or why the discontinuence was filed?





For reference, if all the recent relevant information regarding the first claims back in 2010 are as follows:

The discontinuence states:

IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs Patrick Dahlheimer, Chad Gracey and Chad Taylor and Defendants Edward Kowalczyk, The Fifth Veda, Inc., David Levin and David Levin CPA, P.C., through their undersigned counsel, that, whereas no party hereto is an infant, incompetent person for whom a committee has been appointed or conservatee and no person not a party has an interest in the subject matter of the action, the above-entitled action (including all claims, asserted therein) shall be, and the same hereby is, discontinued with prejudice pursuant to N.Y. C.P.L.R. 3217(a)(2), with each party to bear its or his own costs and attorneys' fees, the parties waiving all rights of appeal.


If you check out N.Y. C.P.L.R. 3217(a)(2) it states:
http://codes.lp.findlaw.com/nycode/CVP/32/3217

(a) Without an order. Any party asserting a claim may discontinue it without an order

(2) by filing with the clerk of the court before the case has been submitted to the court or jury a stipulation in writing signed by the attorneys of record for all parties, provided that no party is an infant, incompetent person for whom a committee has been appointed or conservatee and no person not a party has an interest in the subject matter of the action.

[Bremang]

What are you talking about? It settled. Do you know what they means. It means Ed's camp went to CCP and said what will it take to make this go away.

How do you know it was settled?

[Bremang]

Despite you biased opinion, they had a case. Otherwise I'm sure their lawyers wouldn't have advised them of such moves.

Based on this logic, you would say that Ed was right as well. His Answer denies all claims, which is the advice of his lawyers. Ed signed a 1 million dollar signing bonus at the advice of his lawyers presumably, as well.

It's likely by walking out they made a statement to Team Ed that they were serious and Team Ed made a settlement offer that CCP accepted.

It seems CCP could have just as likely walked out due to disappointment, and filed the stipulation of discontinuance after learning that the legal action was no longer worth pursuing.




I would like to hear from the WD guys what happened, if they know.

This post has been edited by Bremang: Jul 14 2013, 3:13 pm

[PurdueSteve]

Based on this logic, you would say that Ed was right as well. His Answer denies all claims, which is the advice of his lawyers. Ed signed a 1 million dollar signing bonus at the advice of his lawyers presumably, as well.
It seems CCP could have just as likely walked out due to disappointment, and filed the stipulation of discontinuance after learning that the legal action was no longer worth pursuing.
I would like to hear from the WD guys what happened, if they know.

Why are you acting like this is a strange or uncommon occurrence? Was everyone expecting this to actually get to the courtroom?

What makes you think there would be some stark revelation that would cause CCP to drop it without anything from Ed? CCP has been focused on projects, including the UFD thing, you don't think thier legal represantative would just let them focus and file a case if there was nothing behind it. The case was clear, the contract was clear, and it is very likely that Ed settled with them knowing that letting it go to court would only just waste his time and be a burden when you're trying to tour.

Do I absolutely know that there was a settlement? No. I also don't absolutely know that you won't shit golden nuggets after your morning coffee. In all likeliness you won't and in all likeliness with the case, Ed settled with the CCP. Maybe it was just for the contractual issues. Maybe it was more. They already got him to stop billing himself as "Ed of Live".

My best guess the settlement was just the money owed from the contracts. The extra stuff they sued for was likely just to try and put some weight behind it. There were never going to get the 2 million or whatever it was going to be.

[PurdueSteve]

The quiet ending is likely part of the settlement. Reason people inside the camps aren't talking is probably because that was something agreed to in the settlement. These guys represent brands and I'm sure Ed would have stipulated non disclosure. Those that know likely will never say any details.