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Gremlich

Updates to Crytek's lawsuit vs CIG

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On 12/31/2018 at 6:21 PM, FoxChard said:

Derek does not lay down dates. He just has a rant, shows some of their stuff from the financials website, rages that a company spends money, and then says something like "I told you so" at the end. I went to go look because I was morbidly curious. Normally I don't bother to read his drivel.

DS is a complete nutjob who desperately seeks attention because his own games fail miserably.
Chris Roberts could at this point literally save a litter of kittens from a burning house and DS would rant how that somehow means the end of Star Citizen:
How dare Chris Roberts spend backer money on kittens!? Those kittens are probably in on the whole deal... or in fact, there ARE no kittens and it's just kitten-jpegs!!
My inside sources confirm the kittens are actually shadowy investors! The fire was a distraction so we wouldn't see the sinking ship! Release your finances on kitten-saving, CIG!
GRAAAAAAH!

In any case, I think @Drum hit the nail on the head there. CryTek wants to be a part of these developments and to get their hands on all the sweet new tech.

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On 1/6/2019 at 2:48 AM, Aleaf said:

i am no lawyer. can't say how that stuff works, but it is going to make crytek look pretty stupid if they lose in the courts. 

That, my friends, is what greed does to people

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Plaintiff hereby notifies Defendants and the Court that it will not be amending the Second Amended Complaint at this time. Plaintiff reserves its rights to seek leave to amend its pleading pursuant to Federal Rule of Civil Procedure 15(a)(2) at a later stage of the proceedings in this action.

Wierd... So this is why they needed 3 more weeks only to realize they have nothing left to twist into a complaint yet now it seems they want to postpone the right to amend indefinitely? 

I really wonder what "later stage" CryTek is referring to here. As I recall the main complaints ('Exclusive Use' and 'In the Business of') got thrown out completely. Unless they still want to harp on about alleged code being shown on a Bugsmashers episode (something they haven't shown any evidence of). I believe that one allegation is the only thing that 'survived' the pleading stage with the rest being just filler and you'd have to wonder how CryTek thinks it will get any money from that. 

EDIT: It looks like any and all complaints were thrown out after the Judge granted the MtD on the SAC as it replaced any and all complaints from the FAC. So not sure if there even is anything left.

"Plaintiff should note that when an amended complaint is filed, it supersedes the original and renders it of no legal effect, unless the amended complaint specifically refers to or adopts the earlier pleading. See West Run Student Housing Associates, LLC v. Huntington National Bank, 712 F.3d 165, 2013 WL 1338986, 5 (3d Cir. 2013)(collecting [12] cases). See also 6 Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure § 1476 (3d ed. 2008). An amended complaint may adopt some or all of the allegations in the original complaint, but the identification of the particular allegations to be adopted must be clear and explicit. Id. To avoid confusion, the safer course is to file an amended complaint that is complete in itself. Id."

 

Also 15(a)(2) which they're referring to here requires that either the Judge or CIG grants them permission to amend. If they do not get that permission the case will be closed.

Other Amendments.

In all other cases, a party may amend its pleading only with the opposing party’s written consent or the court’s leave. The court should freely give leave when justice so requires.

 

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moderate swing voter actually. i find devoted party affiliation to be like brand loyalty, a silly concept that leaves you wearing nikes to a board meeting. unacceptable, and that is coming from a man who doesn't wear pants during skype meetings. let's not turn this to politics though. i know i kindda went there a bit in effort for a joke, but let's keep it there.

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15 hours ago, Aleaf said:

what can i say about this lawsuit from crytek that has been said about the war with iraq ? crytek made claims, went all in with no proof, took casualties, and now doesn't have a exit strategy so it is having trouble pulling out.  

And made a group of people that was otherwise indifferent to them hostile, causing problems for them and anything they try to do in the future.

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