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23.May 2021
Amigaworld.net (forum)


Lawsuit: Cloanto applies for admittance of Evert Carton as witness
Regarding the lawsuit with Hyperion, Cloanto and the Amiga parties applied to vacate and reset the pre-trial calendar (PDF file). Given the differing motions for a summary judgement by Hyperion and themselves, respectively, and that they do not know which causes of action will go to trial or even whether trial will occur, they would be unable to efficiently prepare for trial within the short time remaining. Also for Hyperion the date set by the court for trial, June 14, would be too early, according to Cloanto and the Amiga parties.

Furthermore they apply to depose Evert Carton, who would have recently come forward with potentially admissible and highly relevant evidence. Carton would have had negotiated the settlement agreement with Amiga Inc. on Hyperion's behalf back in 2009 that is pivot to the current lawsuit (amiga-news.de reported). He was, besides Ben Hermans, one of the two co-founders of Hyperion and a managing partner, being solely responsible for the administrative work since 2003. In 2011 he announced to leave Hyperion.

The lack of a joint stipulation with Hyperion for rescheduling the pre-trial calendar would be caused by the counterparty. Each time the attorneys of Cloanto and the Amiga parties sending a draft for a joint motion, the responses and requests for revisions would have come from Hyperion’s director himself, using his law office e-mail address, instead of Hyperion's attorney of record. Without going the official way, plaintiffs’ attorneys would not have been able to submit a joint document to the court in time. Hyperion's attorney would have confirmed, though, that neither party would be ready for trial on the date set so far.

Regarding the trial itself, based on the motion by Cloanto and the Amiga parties, Hyperion wishes to proceed with an in-person trial by jury. The former instead would be willing to proceed as the court wishes, including a trial by videoconference without a jury, if doing so would expedite resolution of this case. (snx)

[News message: 23. May 2021, 08:23] [Comments: 0]
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