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CGC Files Lawsuit Against Employees
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Started by Transplant,

672 posts in this topic

comix4fun

comix4fun

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On 2/2/2024 at 8:47 PM, Nick Furious said:

That's why I'm not in favor of the cartel-style nekid graders idea.  

My first thought was that scene in American Gangster …but with comics.  Probably not so great in reality. 

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HighGrade

HighGrade

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On 2/2/2024 at 6:40 PM, troydivision1 said:

This take is accurate.
Having worked a long time for a company that deals with internal theft on many levels, reaching a lawsuit is utilized in setting a precedent for all current and future employees. There is a greater than zero chance CGC hasn't encountered 'shenanigans' previously that were handled in-house.
 

This is it, still amazes though, in this situation most businesses would not bother due to the costs, aggravation, and the hit to their public image, but I'm glad they are doing something.

Far too many situations like this are just let go and people keep scamming knowing there will be little repercussion. I really hope it doesn't just get ignored like everything else is today.

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bluehorseshoe

bluehorseshoe

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On 2/2/2024 at 9:39 PM, comix4fun said:

I did look it up on pacer, yesterday, and downloaded full pdfs. 
I’m just not where I can look it up on a Friday night, chief. 
I didn’t say you didn’t know how to look things up, that was you talking to pretty much everyone else in this thread, so I was just wondering why everything you write drips with condescension. 
Sad about the lack of hot chicks though….we bond on that.  

To me, there is something really weird about what has happened over the course of two days.

Consider this: CGC is paying 3 lawyers a minimum of 800 bucks an hour and a partner that is in charge of those lawyers 1200 bucks an hour, to put together this complaint and file. The record entry stamp isnt even dry before one of the judge’s law clerks glances at the complaint and recognizes it is insufficiently pled. Less than 24 hours later, the case is dismissed, albeit without prejudice, and the motion for preliminary injunctive relief is dismissed as well.

But back up to 1/31, and the narrative is: We (CGC) investigated a couple bad guys for almost 2 years. We filed a lawsuit against them, but it’s doubtful the defendants will even be able to be served with that lawsuit, because who the hell knows where they are. The PR department releases a statement stating we are going after said bad guys and doing the right thing. Your average CGC customer is satisfied, or your average CGC customer doesn’t have a clue any of this is happening anyway.

What in the world would be the incentive to re-file this lawsuit? If you re-file it, you are going to collect exactly what you were going to collect the first time you filed against the defendants, which is nothing, because they are judgment-proof. You have no shareholders to answer to if you don’t refile the lawsuit. The PR stuff is still out there that you are fighting the good fight and pursuing legal action.

And as such: What if the complaint was filed with a “poison pill” added into it (in the form of insufficient pleading) to ensure exactly what happened, which was a dismissal of the complaint and the motion for injunctive relief? I mean are you paying all those lawyers all that money to prosecute this case, only to have the whole thing kicked 24 hours after filing because said lawyers weren’t smart enough to file a sufficiently pled complaint? And even though you have no lawsuit going because it got kicked, is that the worst thing if you can still live off the PR from filing it in the first place? Again, what in the world would be your incentive to refile this lawsuit?
 

It’s just weird.

 

Edited by bluehorseshoe
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MAR1979

MAR1979

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On 2/1/2024 at 6:24 PM, bc said:

As far as the board loading slowly - noticed that the Facebook add at the bottom of the page template is often the cause of the delay. 

-bc

uBlock Origin (and element picker) + Ghostery , nary an ad on my browser.

Edited by MAR1979
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comix4fun

comix4fun

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That’s interesting. Had not considered an intentional aspect. It’s a really expensive filing to go for a dismissal intentionally. I’d never be comfortable deciding that was the intent without knowing more. It’s possible this first run was to splash all of that extra broad detail out there now as it shows a lot of proactive measures to find the issues, and address them. When it’s refiled in a more narrow and well plead format the information is now already out there perhaps? 
I’ve found defendants, who didn’t want to be found, on the other side of the country though. A good PI is worth his weight in gold in those situations. And a judgement, even with no direct financial recourse is, maybe, a shield or with a benefit not yet known. 
 

I was hoping this would go the distance to see all of the pleadings as they are filed. But that’s my selfish curiosity.

I guess we have to wait and see where this goes. 

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DougC

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On 2/2/2024 at 9:13 PM, bluehorseshoe said:

...The PR stuff is still out there that you are fighting the good fight and pursuing legal action.

And as such: What if the complaint was filed with a “poison pill” added into it (in the form of insufficient pleading) to ensure exactly what happened, which was a dismissal of the complaint and the motion for injunctive relief? I mean are you paying all those lawyers all that money to prosecute this case, only to have the whole thing kicked 24 hours after filing because said lawyers weren’t smart enough to file a sufficiently pled complaint? And even though you have no lawsuit going because it got kicked, is that the worst thing if you can still live off the PR from filing it in the first place? Again, what in the world would be your incentive to refile this lawsuit?
 

It’s just weird.

 

I am assuming the first sentence above is the entire point of the filing. I have previously assisted with something like this in the past where the complaint filed is meant to be rejected by the court and used only to tell a one sided PR mitigating story favoring one party on public record. Civil court with all the huge financial verdicts are impotent unless the guilty party has actual property you can eventually file liens against.

The average American believes winning a civil suit mean you actually receive the financial assets of the verdict; that is rarely what happens.

Just for personal interest I do hope they refile as I was looking forward to reading all the interviews and employee statements that were to be exhibited to try and find a thread of a link between label swap guy who said they "knew someone on the inside, that was assisting them".

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comix4fun

comix4fun

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On 2/2/2024 at 9:39 PM, BlowUpTheMoon said:

download.thumb.jpg.634f0bb92c7674e515ad35b57cbbcc56.jpg

Yeah I had a guy that good when I represented Frank Frazetta on some matters back in the day.  A great PI is almost superhuman. Worth every penny. 

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bluehorseshoe

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On 2/2/2024 at 10:33 PM, comix4fun said:

That’s interesting. Had not considered an intentional aspect. It’s a really expensive filing to go for a dismissal intentionally. I’d never be comfortable deciding that was the intent without knowing more. It’s possible this first run was to splash all of that extra broad detail out there now as it shows a lot of proactive measures to find the issues, and address them. When it’s refiled in a more narrow and well plead format the information is now already out there perhaps? 
I’ve found defendants, who didn’t want to be found, on the other side of the country though. A good PI is worth his weight in gold in those situations. And a judgement, even with no direct financial recourse is, maybe, a shield or with a benefit not yet known. 
 

I was hoping this would go the distance to see all of the pleadings as they are filed. But that’s my selfish curiosity.

I guess we have to wait and see where this goes. 

 

On 2/2/2024 at 10:35 PM, DougC said:

I am assuming the first sentence above is the entire point of the filing. I have previously assisted with something like this in the past where the complaint filed is meant to be rejected by the court and used only to tell a one sided PR mitigating story favoring one party on public record. Civil court with all the huge financial verdicts are impotent unless the guilty party has actual property you can eventually file liens against.

The average American believes winning a civil suit mean you actually receive the financial assets of the verdict; that is rarely what happens.

Just for personal interest I do hope they refile as I was looking forward to reading all the interviews and employee statements that were to be exhibited to try and find a thread of a link between label swap guy who said they "knew someone on the inside, that was assisting them".

I am right in line behind both of you to get the look at the stuff that comes from a discovery phase of a proceeding like this. Hell, the deposition transcripts would be so good I’d send them in to be graded and pray for white pages PQ wise. And right behind us would be a lot of other lawyers that have been looking for information FOR YEARS THAT IS needed for a good class-level test case against CGC.
Interrogatories, responses, deposition transcripts, it’s hard to imagine all of that stuff not being filed with either a blanket protection order or à la cart. The gravy would be in the trial exhibits, because those would be available on PACER, but this isn’t a trial case; this is a default judgment case. Again, against a couple of defendants, that will make no appearances in the case ever, and to them, a judgment is just another piece of paper you get in the mail.

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Nick Furious

Nick Furious

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Posted (edited)
On 2/2/2024 at 9:35 PM, DougC said:

I am assuming the first sentence above is the entire point of the filing. I have previously assisted with something like this in the past where the complaint filed is meant to be rejected by the court and used only to tell a one sided PR mitigating story favoring one party on public record. Civil court with all the huge financial verdicts are impotent unless the guilty party has actual property you can eventually file liens against.

The average American believes winning a civil suit mean you actually receive the financial assets of the verdict; that is rarely what happens.

Just for personal interest I do hope they refile as I was looking forward to reading all the interviews and employee statements that were to be exhibited to try and find a thread of a link between label swap guy who said they "knew someone on the inside, that was assisting them".

The part I'm that is troubling me is the (seemingly) lack of a criminal referral.  It's one thing if it's company property that was stolen.  But this property belonged to customers.  Even if they were paid out on their lost books, surely they suffered some hardship or loss through the process.  It seems to me that there would be an obligation to refer this case to law enforcement for criminal prosecution on behalf of those third parties who were affected by the alleged criminal action.  I don't see how keeping it private or contained to civil court would be an option in a case like this.  But I don't know the law. 

Edited by Nick Furious
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MasterChief

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On 2/2/2024 at 12:45 PM, bluehorseshoe said:

Annndddd just like that, Plaintiff's Complaint is Dismissed and Plaintiff's Motion for Restraining Order and Preliminary Injunctive Relief is Denied.

 

Life moves at you pretty fast. :banana:

istockphoto-154947313-612x612.jpg

Yes, the complaint was dismissed yesterday. However, CCG/CGC was grated leave to amend the complaint, which they did and resubmitted today. I have not compared the original to the amended, so can’t comment on what was done to fix the complaint.   

Here's the full text of the Judge’s order dismissing the original complaint:

“ENDORSED ORDER: Upon review, this complaint constitutes an impermissible shotgun pleading. See Weiland v. Palm Beach Cnty. Sheriff's Off., 792 F.3d 1313, 1324 (11th Cir. 2015). Specifically, each count "incorporates and adopts by reference the allegations in" the prior counts leading to a situation where counts II through VIII contain all factual allegations and legal conclusions of the previous counts. See id. at 1321 ("The most common type [of shotgun pleading]--by a long shot--is a complaint containing multiple counts where each count adopts the allegations of all preceding counts, causing each successive count to carry all that came before and the last count to be a combination of the entire complaint."). This kind of shotgun pleading is readily remedied upon repleading. Accordingly, the Plaintiff's 1 complaint is DISMISSED without prejudice, and the Plaintiff is granted leave to amend its complaint no later than February 15, 2024. In the light of this Order, Plaintiff's 4 Motion for Temporary Restraining Order and Preliminary Injunction is DENIED WITHOUT PREJUDICE. Signed by Judge Kathryn Kimball Mizelle on 2/1/2024. (ALE) (Entered: 02/01/2024)”

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Silver Surfer

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On 2/1/2024 at 1:46 PM, bluehorseshoe said:

Interesting to see how quick some members give CGC a pass over and over and over again, instead of letting the members know that this was going on months ago.  CGC didnt discover this horrific act on Monday and file the lawsuit on Tuesday bro. :eyeroll:

Thank you. What's even more comical are the CGC apologists that try to minimize stuff like this. Have been away for a week only to see these new threads, WTH is going on. 

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bluehorseshoe

bluehorseshoe

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On 2/2/2024 at 10:33 PM, comix4fun said:

That’s interesting. Had not considered an intentional aspect. It’s a really expensive filing to go for a dismissal intentionally. I’d never be comfortable deciding that was the intent without knowing more. It’s possible this first run was to splash all of that extra broad detail out there now as it shows a lot of proactive measures to find the issues, and address them. When it’s refiled in a more narrow and well plead format the information is now already out there perhaps? 
I’ve found defendants, who didn’t want to be found, on the other side of the country though. A good PI is worth his weight in gold in those situations. And a judgement, even with no direct financial recourse is, maybe, a shield or with a benefit not yet known. 
 

I was hoping this would go the distance to see all of the pleadings as they are filed. But that’s my selfish curiosity.

I guess we have to wait and see where this goes. 

To me, if what I proposed above is just a bunch of krap , then the lawyers might have got a call from the insurance carrier, who is probably paying for all this lawyering anyway, and they said, if you don’t plead A, B, and C, then the coverage doesn’t kick in. CGC tells them to go pound sand, and then you have an insurance company hiring a bunch of other expensive lawyers, filing a dec (declaratory for the readers) action against CGC, arguing that there is no insurance coverage for prosecuting a claim for the relief requested in the first place. And the interesting thing about filing a declaratory action against CGC, you would have your absolute choice of venue, which would basically be in whatever state and district thee insurance company does business in, so forum/judge shopping is absolutely on the menu at that point.

Edited by bluehorseshoe
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