Hands Taken Hostage
Update Time 11-24-08 Finally, I got a minute from reading and filing legal papers to catch the blog up.
11-24-08 I filed a "Motion for Extenion of Time and Notice of Status". As of this afternoon, there was no ruling by Judge Coody. So that's were it's at folks.....The Auburn Federal Foam Hand War ain't over yet it seems.........I'll keep ya posted....
11-20-08 I filed my " Settlement Proposal".
11-18-08 I got home from the "Hearing" and had two more big envelopes from Sirote&Permutt. This time they were doing some "Contempt" piling on. I will say the titles of their filings are getting longer the further we go. You must be about to charge more if the title of your filing is bigger. Maybe they bill by the word. Anyway, here is what they filed "Plaintiff's Supplement to It's Motion for Order Directing Defendants to Show Cause Why Contempt Sanctions Should Not Be Imposed for Defendants' Violations of This Court's of October 30, 2008. A 29 worder...WOW!
Judge Coody then proceeded to give me a tongue lashing and told me what bad things he could do to me and how much money he could fine me. He went on to say that i was under an "Injunction" and I was not supposed to be "selling" or "giving away" or even"throwing the hands out of the car window". He then pointed out that I had been in Auburn the previous Monday and was giving out hands. I thought he might have known that because I had been in touch by phone with the Marshall who was going to serve me papers, which was the "Injunction", and thought that the Marshall probably had told Judge Coody that I was in Auburn that previous Monday. But NO! This is an interesting, disturbing and gorrie detail about how Judge Coody knew I was in Auburn on that Monday. I'll share more on this little detail later. Well the only thing I remembered about that Monday, at the time, was coming back from Auburn to Montgomery to be served the "Injunction" that he was talking about. So when I was in Auburn I had not even been "served" the "Injunction" that he was wearing me out about. There's more to this story and I will tell the "rest of the story" later. We were in Court an hour and 15 minutes. Sirote&Permutt only sent two of the "gang of three" lawyers this time. Guess they figured it would only take two of them to take me after all.
11-17-08 Hands taken Hostage... I delivered 33 hands to Samford Hall on this afternoon. They were received by Susan Nismith, the secretary for the President. Obviously wasn't important enough for Susan Smith to receive them herself. She sure had seemed to want them badly up to now. Guess she was out "shopping".
11-13-08 I got a letter from Sirote & Permutt telling me that i had been at Auburn using the name "Michael Arthurs" and asking the University for some information. Now my name is Michael Arthur. I don't know where they got the "s" but I guess they don't want me using own name. Maybe I should have told them I was the "Foam Pirate" and yes I was asking the University how much money they were paying the Collegiate Licensing Corp. each year. Does seem the University really does not want to tell how much money is involved in this deal. Susan Smith, the Director of the University's Trademark Office, certainly didn't want to show the contract that Auburn has with the CLC and refused to call me back or email me after I had ask to see this contract over a 6 week period, before they filed a law suit against me, even though I had emailed her three different times and had talked to Dannis Christian, the assistant to Susan Smith's boss , on many occasions over that six week period making the same request to her by phone. I did receive a copy of the CLC contrart mysteriously from Sirote and Permutt in the mail the day before we were to go to court for the first time.....hummmmmm
11-12-08 I mailed a letter to Sirote & Permutt letting them know I was prepared to give Auburn my hands and asking them to let me know "in writing" where they wanted my hands delivered and to who was going to be getting them.
11-10-08 I was served Judge Coody's "Writ of Injunction" and his "Memorandum Opinion" in person by U.S. Marshall Jim Alton.
11-7-08 Auburn filed "Plaintiff's Motion for Order Directing Defendants to Show Cause Why Contempt Sanctions Should Not Be Imposed For Defendants' Violations of This Court's Order of October 30th, 2009. Six pages and 18 attachments
11-7-08 Judge Coody issued an "Order" granting my "Motion for Extension of Time" .
11-6-08 I flied a "Motion for Extension of Time" to extend the time for me to file my response to Auburn's original "Complaint" till November 24th.
11-5-08 Hilary Funk, a reporter for the Montgomery Advertiser, wrote her second article about this lawsuit. There was a color picture of my hand at the top center of the front page and underneath it is the big bold heading.'Defining Moment' about the election outcome. Hey this is one historic hand ! The article is buried online, but is on 2A in the paper version of the paper.
Here's a link:
http://www.montgomeryadvertiser.com/apps/pbcs.dll/article?AID=2008811050356
11-4-08 Judge Coody issued his 22 page "Memorandum Opinion" and we had an historic election. Now this is some interesting reading folks. Probably one of the more interesting Judge's "Opinion" you'll ever read. If you want to read it, go to this link : https://ecf.almd.uscourts.gov/cgi-bin/show_public_doc?2008cv0796-23
11-2-08 I received a "Notice of Deficiency Regarding Corporate/Conflict Statement" and a "Order/Conflict Disclosure Statement" from Judge Mark F. Fuller. So I had to let the court know if I was an "Individual" or a "Governmental Entity" . I checked and discovered that I am not a "Governmental Entity".
10-31-08 Judge Coody issued a "Writ of Injunction".
10-30-08 Judge Coody filed an "Order" granting Auburn University a "Preliminary Injunction". Basically there were four things I had to do: 1) Stop "manufacturing, producing, marketing, distributing and selling" my hands 2)Put a statement on my site saying that me and my hand "are not now, nor have they ever been,licensed to sell merchandise bearing the Auburn trademarks and service marks" 3)Turn over my remaining "inventory" to Auburn by Nov. 6th and 4) Give Auburn my first born child (oh come on just kidding) no really I had to remove any of the pictures of my hand that have "Auburn" and "War Eagle" on them, from the website. Judge Coody also made Auburn put up a $5000.00 bond. Hey these hands are getting more valuable by the minute.
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