Jim Sterling in court.
- Thread starter Hades
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So, this thread has been a thing since March.
I'd say I'm surprised but courts drag on forever so... yeah, let's see this thing go for a full year!
I'd say I'm surprised but courts drag on forever so... yeah, let's see this thing go for a full year!
My understanding is that it's not completely dismissed.
The Romine brothers still have until February 10th to do anything that will further the case.
I'm curious to know if it's going to be dismissed with or without prejudice. I'm gonna assume it's the former since it's been pretty clear that the Romine brothers haven't been able to prove anything and have been wasting the court's time.
If anything, it will be interesting to see what happens from here on out until the 10th.
The Romine brothers still have until February 10th to do anything that will further the case.
I'm curious to know if it's going to be dismissed with or without prejudice. I'm gonna assume it's the former since it's been pretty clear that the Romine brothers haven't been able to prove anything and have been wasting the court's time.
If anything, it will be interesting to see what happens from here on out until the 10th.
For those that don't know, back when the defense presented their motions to Dismiss the case, one of the points given was that Romine, while representing himself, was as well representing Digital Homicide Studios - A fact he references through the complaint and his motions against the Defense motions for Dismiss multiple times - and the Defense point out HE COULDN'T DO THAT without a lawyer, since the company is called Digital Homicide Studios LLC. The Judge has granted Jim's defense that part of the motion and considered Romine's surviving motions as moot, but will give ONE last chance to Romine to change his complaint against Jim with the presence of a lawyer by Feb.10th. If Romine doesn't show up by Feb.10th with a Licensed lawyer, the case will be dismissed without further notice (likely with Prejudice).
And based on how his crowdfunding stands right now https://www.gofundme.com/47uexn9c, there is no way he'll make $75K or find lawyer dumb enough to take a case like this pro bono by Feb.10th.
So either this end with Romine dropping the lawsuit to avoid paying lawyer fees to Jim's lawyer or the time running out and THEN paying the lawyer fees for the for the 11 months they represented Jim.
Seems we'll get that LONG overdue Jimquisition Court Special
And based on how his crowdfunding stands right now https://www.gofundme.com/47uexn9c, there is no way he'll make $75K or find lawyer dumb enough to take a case like this pro bono by Feb.10th.
So either this end with Romine dropping the lawsuit to avoid paying lawyer fees to Jim's lawyer or the time running out and THEN paying the lawyer fees for the for the 11 months they represented Jim.
Seems we'll get that LONG overdue Jimquisition Court Special
Their GoFundMe link page seems to not exist anymore. I guess they're double screwed.Gades said:For those that don't know, back when the defense presented their motions to Dismiss the case, one of the points given was that Romine, while representing himself, was as well representing Digital Homicide Studios - A fact he references through the complaint and his motions against the Defense motions for Dismiss multiple times - and the Defense point out HE COULDN'T DO THAT without a lawyer, since the company is called Digital Homicide Studios LLC. The Judge has granted Jim's defense that part of the motion and considered Romine's surviving motions as moot, but will give ONE last chance to Romine to change his complaint against Jim with the presence of a lawyer by Feb.10th. If Romine doesn't show up by Feb.10th with a Licensed lawyer, the case will be dismissed without further notice (likely with Prejudice).
And based on how his crowdfunding stands right now https://www.gofundme.com/47uexn9c, there is no way he'll make $75K or find lawyer dumb enough to take a case like this pro bono by Feb.10th.
So either this end with Romine dropping the lawsuit to avoid paying lawyer fees to Jim's lawyer or the time running out and THEN paying the lawyer fees for the for the 11 months they represented Jim.
Seems we'll get that LONG overdue Jimquisition Court Special
Mangod said:
I was able to google it without a problem. It maybe the link I provided.Fsyco said:Their GoFundMe link page seems to not exist anymore. I guess they're double screwed.Gades said:For those that don't know, back when the defense presented their motions to Dismiss the case, one of the points given was that Romine, while representing himself, was as well representing Digital Homicide Studios - A fact he references through the complaint and his motions against the Defense motions for Dismiss multiple times - and the Defense point out HE COULDN'T DO THAT without a lawyer, since the company is called Digital Homicide Studios LLC. The Judge has granted Jim's defense that part of the motion and considered Romine's surviving motions as moot, but will give ONE last chance to Romine to change his complaint against Jim with the presence of a lawyer by Feb.10th. If Romine doesn't show up by Feb.10th with a Licensed lawyer, the case will be dismissed without further notice (likely with Prejudice).
And based on how his crowdfunding stands right now https://www.gofundme.com/47uexn9c, there is no way he'll make $75K or find lawyer dumb enough to take a case like this pro bono by Feb.10th.
So either this end with Romine dropping the lawsuit to avoid paying lawyer fees to Jim's lawyer or the time running out and THEN paying the lawyer fees for the for the 11 months they represented Jim.
Seems we'll get that LONG overdue Jimquisition Court Special
https://www.gofundme.com/47uexn9c
Although, he'll likely tried to move a motion to dismiss case without prejudice, like he did against the 100. He did after the 3rd Judge who looked at the case ordered him to be present to explain the way why he filed that lawsuit online.
barely 12 hours later later, Romine filed for Dismissal https://www.pacermonitor.com/public/case/19146067/Romine_v_Unknown_Party_et_al (Doc 5 and 7) look at the timeline. Sept. 27th.
Oh I see, the first time you linked it there was an extra comma at the end. Their GFM page looks like its still up (but not been updated in ages).Gades said:
I assume there's some paperwork he can file to try to have it dismissed without prejudice, but any such paperwork would need to be filed by a lawyer, which Romine is unlikely to acquire by the deadline.
My biggest question now is will this forum provide me another thread that lasts this long and keeps me coming back for more? The forum has been a bit dry for me is all I'm saying. :/
Also I wonder just how far into the future this whole 'game developer' thing for the brothers will damage them if they try to shift gears into another career[footnote]I'm well aware what they had wasn't a career[/footnote] because a simple search of their names and the term 'video game' will bring up the lawsuit on the first page. They could get around this by never mentioning they were developing video games but I don't know if they would be able to stop themselves based on previous behavior...
"So I did google your gaming company... You tried to sue your own customers?"
"..."
"I don't see how I can hire you."
Also I wonder just how far into the future this whole 'game developer' thing for the brothers will damage them if they try to shift gears into another career[footnote]I'm well aware what they had wasn't a career
[/footnote] because a simple search of their names and the term 'video game' will bring up the lawsuit on the first page. They could get around this by never mentioning they were developing video games but I don't know if they would be able to stop themselves based on previous behavior..."So I did google your gaming company... You tried to sue your own customers?"
"..."
"I don't see how I can hire you."
I haven't heard about this in a while. I know that the judge has to be even before the law, but the sheer difference in conduct between the parties has got to be on his mind. Mostly owing to Jim Sterling, who can be an ass himself, having professionals handle the case and partly because the case is such bullshit to begin with.
Those were the two things that popped into my head.Fsyco said:
I guess it all depends on if it's with or without prejudice on how much of a shit storm they want to go for. If anything I would assume that they would stamp their feet like a petulant child at all this. I mean, they can't afford a lawyer and they should have known that representing themselves would be a massive undertaking and, typically, never end well.
If they were smart they would stay silent and let this die, but I'm not holding my breath on that.
That was something else I was also thinking for quite a long time now. Since many companies do perform background checks on all candidates, they may find out about their whole lawsuit and other fiascos they have done before. Plus, if they do still try to list themselves as game developers, which I highly doubt at this point, they will be blacklisted to work at any gaming companies at all from what I can see because since this whole thing got spread all the way to all different places in the media, they will know as to who DH is and who James and Robert Romine are.Redlin5 said:Also I wonder just how far into the future this whole 'game developer' thing for the brothers will damage them if they try to shift gears into another career. I'm well aware what they had wasn't a career
"So I did google your gaming company... You tried to sue your own customers?"
"..."
"I don't see how I can hire you."
EDIT: Also, one thing to add here is that from James's LinkedIn profile, it used to have all of his previous skills and experiences as technician and system administrator which shows that he never had any programming experience at all. He completely set most of those to either private or they were removed and now shows that he changed his career to fishery now. So I guess he might have either trying to move away from the gaming industry or who knows, may popup again sometime to reopen that lawsuit against 100 Steam users according to what we know about his past behavior and comments.
I asked NeoGAF about this as a couple guys fairly well versed in legal stuff have been following this debacle, and one of them said [http://www.neogaf.com/forum/showpost.php?p=228412134&postcount=1492] it's too late for Romine to dismiss the case and get off scot-free like he did with the 100 Steam Users case (I think the gist is, once the other side files a response or motion, it's "locked in")Gades said:
Yeah, the guy you linked to linked to another site on the subject, Cornell University Law School [https://www.law.cornell.edu/rules/frcp/rule_41], which states:Ima Lemming said:
"Rule 41. Dismissal of Actions
(a) Voluntary Dismissal.
(1) By the Plaintiff.
(A) Without a Court Order. Subject to Rules 23(e), 23.1(c), 23.2, and 66 and any applicable federal statute, the plaintiff may dismiss an action without a court order by filing:
(i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or
(ii) a stipulation of dismissal signed by all parties who have appeared."
So he's stuck with this thing now, unless Jim agrees to dismiss it as well (and why would he?).
Here's hoping Sterling give them a proper reaming when this is done.
Because if anyone deserves a hearty raking over the coals, it's these assholes.
Because if anyone deserves a hearty raking over the coals, it's these assholes.
Is it confirmed that they would have to pay Jim's lawyers fees?Gades said:So either this end with Romine dropping the lawsuit to avoid paying lawyer fees to Jim's lawyer or the time running out and THEN paying the lawyer fees for the for the 11 months they represented Jim.
Seems we'll get that LONG overdue Jimquisition Court Special
It is when you are the losing side of any legal complaint. This may not have gone to trial, but the services of the lawyers would still need to be compensated. If he doesn't get a lawyer by the time of the deadline (Feb.10th), when the suit is dismissed, the lawyers can ask for a process to force the losing side (Romine) to pay them up.EnemyAgent said:Is it confirmed that they would have to pay Jim's lawyers fees?Gades said:So either this end with Romine dropping the lawsuit to avoid paying lawyer fees to Jim's lawyer or the time running out and THEN paying the lawyer fees for the for the 11 months they represented Jim.
Seems we'll get that LONG overdue Jimquisition Court Special
I looked it up on Cornell University Law School [https://www.law.cornell.edu/rules/frcp/rule_54]'s site, and it would appear that... no, there's nothing that says DigiHom HAS to pay for Jim's lawyers. They will probably have to pay his other legal fees, but the lawyer's fees are uncertain. Could be, but uncertain.EnemyAgent said:Is it confirmed that they would have to pay Jim's lawyers fees?Gades said:So either this end with Romine dropping the lawsuit to avoid paying lawyer fees to Jim's lawyer or the time running out and THEN paying the lawyer fees for the for the 11 months they represented Jim.
Seems we'll get that LONG overdue Jimquisition Court Special
"(d) Costs; Attorney's Fees.
(1) Costs Other Than Attorney's Fees. Unless a federal statute, these rules, or a court order provides otherwise, costs?other than attorney's fees?should be allowed to the prevailing party. But costs against the United States, its officers, and its agencies may be imposed only to the extent allowed by law. The clerk may tax costs on 14 days? notice. On motion served within the next 7 days, the court may review the clerk's action.
(2) Attorney's Fees.
(A) Claim to Be by Motion. A claim for attorney's fees and related nontaxable expenses must be made by motion unless the substantive law requires those fees to be proved at trial as an element of damages.
(B) Timing and Contents of the Motion. Unless a statute or a court order provides otherwise, the motion must:
(i) be filed no later than 14 days after the entry of judgment;
(ii) specify the judgment and the statute, rule, or other grounds entitling the movant to the award;
(iii) state the amount sought or provide a fair estimate of it; and
(iv) disclose, if the court so orders, the terms of any agreement about fees for the services for which the claim is made.
(C) Proceedings. Subject to Rule 23(h), the court must, on a party's request, give an opportunity for adversary submissions on the motion in accordance with Rule 43(c) or 78. The court may decide issues of liability for fees before receiving submissions on the value of services. The court must find the facts and state its conclusions of law as provided in Rule 52(a).
(D) Special Procedures by Local Rule; Reference to a Master or a Magistrate Judge. By local rule, the court may establish special procedures to resolve fee-related issues without extensive evidentiary hearings. Also, the court may refer issues concerning the value of services to a special master under Rule 53 without regard to the limitations of Rule 53(a)(1), and may refer a motion for attorney's fees to a magistrate judge under Rule 72(b) as if it were a dispositive pretrial matter.
(E) Exceptions. Subparagraphs (A)?(D) do not apply to claims for fees and expenses as sanctions for violating these rules or as sanctions under 28 U.S.C. ?1927."