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Priceless! Now they are trying to oust Gary from Garvick
loveclone
Member Posts: 57
Go CME! Go Keith Deering! Take 'em down!
http://www.superiorcourt.maricopa.gov/docket/CivilCourtCases/caseInfo.asp?caseNumber=CV2010-006635
Comments
nvm.....i thought the website was finally down....i can't believe it's still up.
Awww.. the link doesn't work, and the docket number isn't bringing up any hits!
"Party Information
Party Name Relationship Sex Attorney
Keith Deering Plaintiff Male Lance Broberg
Mark Renberg Plaintiff Male Lance Broberg
Chris Lombardo Plaintiff Male Lance Broberg
Cheyenne Mountain Entertainment Inc Plaintiff Lance Broberg
Gary Whiting Defendant Male Gregory McGill
Vicki Whiting Defendant Female Pro Per
Garvick Properties L L C Defendant Pro Per
Garvick Enterprises L L C Defendant Pro Per
Fred Gagon Defendant Male Pro Per
Margaret Gagon Defendant Female Pro Per
Tree L L C, The Defendant Pro Per
Ira Gagon Defendant Male Pro Per
Income Properties L L C Defendant Pro Per
Vista Ridge I & I I, L L C Defendant Pro Per
Robert Guenther Defendant Female Pro Per
Jaffa Partners Defendant Pro Per
Todd Ellering Defendant Male Pro Per
Harlan J Brown Defendant Male Pro Per
T A E Technologies Inc Defendant Pro Per
John Bellrose Defendant Male Pro Per
Jeff Hall Defendant Male Pro Per
Shane Rudman Defendant Male Pro Per
Wendi Hardin Defendant Female Pro Per
Rob McKell Defendant Male Pro Per
Nedra Roney McKell Defendant Female Pro Per
M M O G U L S Inc Defendant Pro Per
Gary Henrie Defendant Male Pro Per
Imran Safiulla Defendant Male Pro Per
Cheyenne Mountain Games Inc Plaintiff Lance Broberg
Case Documents
Filing Date Description Docket Date Filing Party
2/19/2010 019 - ME: Ruling 2/19/2010
2/19/2010 314 - ME: Bankruptcy 2/19/2010
2/18/2010 029 - ME: Status Conference 2/18/2010
2/17/2010 020 - ME: Matter Under Advisement 2/17/2010
2/11/2010 OBJ - Objection/Opposition. 2/12/2010
NOTE: Objection to Plaintiffs Violation of a Rule 65(e) Re: A Bond
2/10/2010 REL - Reply 2/11/2010
NOTE: REPLY ON THE BOARD’S MOTION TO DISMISS
2/9/2010 CAN - Credit Memo Appearance Fee Paid 2/18/2010
2/9/2010 NOF - Notice Of Filing 2/10/2010
NOTE: Notice of Filing Supplemental Affidavit of Gary Whiting
2/9/2010 056 - ME: Hearing Set 2/9/2010
2/2/2010 COM - Complaint 2/2/2010
2/2/2010 OSC - Order To Show Cause 2/5/2010
2/2/2010 APL - Application 2/2/2010
NOTE: (I) FOR TEMPORARY RESTRAINING ORDER; (II) PRELIMINARY INJUNCTION; (III) ORDER TO SHOW CAUSE; AND (IV) DIRECTOR REMOVAL ARS 10-809
2/2/2010 CCN - Cert Arbitration - Not Subject "
Hope that makes it a bit easier.
Basically Keith Deering is sueing everyone except CME to hold off having to pay any debts. This includes not only investors but Gary Whiting his wife and Gagon and his family. Also Garys companies are in there including MMOGULs (you know? The pyramid scheme that had nothing to do with SGW :P) probably because much of CME's debt is linked through those companies. Garvick being the company that cashed cheques for shares issued by CME, not sure where the money actually went but the CME debt trail can be traced through there.
Now if you're a hardened skeptic like myself you might suspect that this is all an orchestrated attempt by Gary Whiting to get himself off the hook. He gets his friend to take over and go chapter 11 buying even more time to do whatever it is he's been doing since late 2008. It also means that once it's over he can start more shell companies to do whatever since he wasn't chairman when CME went bankrupt (rather convenient don't you think?).
However no matter what you think of it SGW is going nowhere, how many MMORPG companies actualy release after filing for chapter 11 bankruptcy? Well if you don't know it's a nice round number somewhere between -1 and 1, the game was in beta in 2008 and since then they missed payroll (which they still owe alegedly) had mass lay offs they owe millions to the tax man (which bankruptcy ain't gonna help you with!) and are being sued by ex employees and investors.
I think they need to sell a new T-shirt in their shop to raise funds for SGW,
" I waited 5 years for SGW and all I got was this T-shirt, a media blackout, 2 crap screenshots, a multiple flame from 3 FanOri and a boner from an Asgard!"
I'd buy it!
"Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience"
CS Lewis
Spot on! Gary Whiting threw CME into Bankruptcy unbeknown to everyone at CME/Firesky – he was afraid of the Keith Deering case and was a way to put all litigation on hold. It worked, Keith’s case is on the back burner now, but Gary also shot himself in the foot with the maneuver.
CME had no idea Whiting filed the bankruptcy until afterward, which is why CME/Firesky statements say “some disagree” and that the case could be rescinded. The Bankruptcy filing is erroneous in that it only lists CME’s debts at 1 million and there are no creditor’s listed, etc.
Ultimately, this has hurt CME/Firesky and sales of SGR as they went to a crawl after the Bankruptcy came to light.
What is even more interesting is that the newest Director, Albert Schmeiser has tried twice in the last six months to bring ‘workplace harassment’ charges against Gary (love it! Using Gary’s tricks against him!).
A screen shot of the newest suit is included for your viewing pleasure.
My understanding is that the lawsuit is directed at Gary because of all the wheeling and dealing he has been doing and his creditors are finally looking to get their money back. CME ousted him because he was using his power at CME in these backdoor deals and CME was potentially going to be held liable which is why, after they dumped Gary, that they filed for chapter 11 so they would be protected from Gary's pending legal troubles.
On the face of it yes you're correct. However having dealt with many shady characters like Gary in business in the past I think what's really happening is this.
CME and all of Gary's companies have been in court for over a year with people trying to get thier money back including the tax man. I think Gary has seen that these cases will be coming to a close probably within the next month or two. So Gary decides to file for chapter 11 knowing this will hold them off still longer and mitigate much of the debt he's incurred over the last five years.
However the problem is that if Gary does go chapter 11 then by law he may not own or start up another company for five years (this is UK law, but I'm assuming the U.S.A does something similar). Also anyother assets he owns may be liquidated to pay off debts, this includes his other companies. So Gary wants to file but he doesn't want to lose anything, a dilema.
So Gary orchestrates another smoke and mirrors show with his friend Deering and they both play make believe that Deering is ousting Whiting and taking control of the company and then filing chapter 11 bankruptcy. Again the only person to benefit is Gary Whiting where everyone else loses out except the tax man, because the tax office is a law unto itself and if you could get away with this kind of farce no one would be paying thier taxes!
I hope the judge will see what's happening and not allow this game Gary has been playing for 5 years to continue, because this is illegal what Gary is doing. Paying Deering with investors, ex employees and the tax man's money to take a fall so he can have that swimming pool in his home in Rio!
"Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience"
CS Lewis
I don't think there's any such provision in US law. And actually, it's not Gary that's going bankrupt, but the corporation, which is a separate legal entity. So, I don't think it even goes on his credit record. That's one reason why people use corporations--it shields individuals from financial liability of all types, including civil judgments, unless you can pierce the so-called corporate shield.
This whole ordeal is saddened me as im a fan of Stargate series and was hoping to try out this game one day. I hope MGM slams the hammer down and gives SGW to a publisher who can do something with it (except cryptic and SOE).
( BBBBBBBWWWWWWAAAAAAAAAAAAHHHHHHH fires many soiled plungers at Gary Whiting and his wife!)
All my opinions are just that..opinions. If you like my opinions..coolness.If you dont like my opinion....I really dont care.
Playing: ESO, WOT, Smite, and Marvel Heroes
"Party Information
Party Name Relationship Sex Attorney
Keith Deering Plaintiff Male Lance Broberg
Mark Renberg Plaintiff Male Lance Broberg
Chris Lombardo Plaintiff Male Lance Broberg
Cheyenne Mountain Entertainment Inc Plaintiff Lance Broberg
Gary Whiting Defendant Male Gregory McGill
Vicki Whiting Defendant Female Pro Per
Garvick Properties L L C Defendant Pro Per
Garvick Enterprises L L C Defendant Pro Per
Fred Gagon Defendant Male Pro Per
Margaret Gagon Defendant Female Pro Per
Tree L L C, The Defendant Pro Per
Ira Gagon Defendant Male Pro Per
Income Properties L L C Defendant Pro Per
Vista Ridge I & I I, L L C Defendant Pro Per
Robert Guenther Defendant Female Pro Per
Jaffa Partners Defendant Pro Per
Todd Ellering Defendant Male Pro Per
Harlan J Brown Defendant Male Pro Per
T A E Technologies Inc Defendant Pro Per
John Bellrose Defendant Male Pro Per
Jeff Hall Defendant Male Pro Per
Shane Rudman Defendant Male Pro Per
Wendi Hardin Defendant Female Pro Per
Rob McKell Defendant Male Pro Per
Nedra Roney McKell Defendant Female Pro Per
M M O G U L S Inc Defendant Pro Per
Gary Henrie Defendant Male Pro Per
Imran Safiulla Defendant Male Pro Per
Cheyenne Mountain Games Inc Plaintiff Lance Broberg
Case Documents
Filing Date Description Docket Date Filing Party
2/19/2010 019 - ME: Ruling 2/19/2010
2/19/2010 314 - ME: Bankruptcy 2/19/2010
2/18/2010 029 - ME: Status Conference 2/18/2010
2/17/2010 020 - ME: Matter Under Advisement 2/17/2010
2/11/2010 OBJ - Objection/Opposition. 2/12/2010
NOTE: Objection to Plaintiffs Violation of a Rule 65(e) Re: A Bond
2/10/2010 REL - Reply 2/11/2010
NOTE: REPLY ON THE BOARD’S MOTION TO DISMISS
2/9/2010 CAN - Credit Memo Appearance Fee Paid 2/18/2010
2/9/2010 NOF - Notice Of Filing 2/10/2010
NOTE: Notice of Filing Supplemental Affidavit of Gary Whiting
2/9/2010 056 - ME: Hearing Set 2/9/2010
2/2/2010 COM - Complaint 2/2/2010
2/2/2010 OSC - Order To Show Cause 2/5/2010
2/2/2010 APL - Application 2/2/2010
NOTE: (I) FOR TEMPORARY RESTRAINING ORDER; (II) PRELIMINARY INJUNCTION; (III) ORDER TO SHOW CAUSE; AND (IV) DIRECTOR REMOVAL ARS 10-809
2/2/2010 CCN - Cert Arbitration - Not Subject "
Hope that makes it a bit easier.
Basically Keith Deering is sueing everyone except CME to hold off having to pay any debts. This includes not only investors but Gary Whiting his wife and Gagon and his family. Also Garys companies are in there including MMOGULs (you know? The pyramid scheme that had nothing to do with SGW :P) probably because much of CME's debt is linked through those companies. Garvick being the company that cashed cheques for shares issued by CME, not sure where the money actually went but the CME debt trail can be traced through there.
Now if you're a hardened skeptic like myself you might suspect that this is all an orchestrated attempt by Gary Whiting to get himself off the hook. He gets his friend to take over and go chapter 11 buying even more time to do whatever it is he's been doing since late 2008. It also means that once it's over he can start more shell companies to do whatever since he wasn't chairman when CME went bankrupt (rather convenient don't you think?).
However no matter what you think of it SGW is going nowhere, how many MMORPG companies actualy release after filing for chapter 11 bankruptcy? Well if you don't know it's a nice round number somewhere between -1 and 1, the game was in beta in 2008 and since then they missed payroll (which they still owe alegedly) had mass lay offs they owe millions to the tax man (which bankruptcy ain't gonna help you with!) and are being sued by ex employees and investors.
I think they need to sell a new T-shirt in their shop to raise funds for SGW,
" I waited 5 years for SGW and all I got was this T-shirt, a media blackout, 2 crap screenshots, a multiple flame from 3 FanOri and a boner from an Asgard!"
I'd buy it!
Props to Aricola1 for always providing us good info on whats going on!
(BBBBBWWWWAAAAAHHHH raises double plunger in salute to Aricola1!!!!!!)
All my opinions are just that..opinions. If you like my opinions..coolness.If you dont like my opinion....I really dont care.
Playing: ESO, WOT, Smite, and Marvel Heroes
I don't think there's any such provision in US law. And actually, it's not Gary that's going bankrupt, but the corporation, which is a separate legal entity. So, I don't think it even goes on his credit record. That's one reason why people use corporations--it shields individuals from financial liability of all types, including civil judgments, unless you can pierce the so-called corporate shield.
It depends on the type of company, if it's a PLC (Public Limited Company) then you may be safe. However if it's not (which CME isn't I believe) you are personally liable and all of your assets are subject to liquidation as the court sees fit. That's why corporations go bankrupt and the owners walk away with golden parachutes but the guy that owns a store loses his house.
Gary owns CME and all those other companies they aren't public companys or corporations, I admit I don't know about law in the U.S.A but I know in the U.K you're stuffed. He's trying the gaming equivelant of a Logoffski, trying to walk away with no liability by paying his friend off to oust him and THEN file for bankruptcy as the new owner of CME.
It's an obvious smoke and mirrors act in my opinion. Maybe someone could brief me on what the law says about Private and Public company bankruptcy laws.
"Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience"
CS Lewis
I know noting of commonwealth law, but I do know a bit about U.S. Bankruptcy law. When the bankruptcy is filed all of the assets of the corporation becomes property of the bankruptcy estate overseen by an appointed trustee. If it is chapter 11, the company continues to operate and the debtor presents a plan that outlines the total liquid value of the estate, and how the company will remain in business and pay to the creditors the total liquid value of the company, at the time of the bankruptcy filing. If the plan is approved by the trustee, then the company remains in bankruptcy protection, under the supervision of the trustee, until the payout is complete, then the company emerges from bankruptcy debt free, unless it took out more debt after the filing. Any new debt is not discharged. That way the creditors get what they would have in a chapter 13, liquidation bankruptcy, and the company is allowed to continue.
To my knowledge and experience there is absolutely no restriction on starting new comapnies if one goes bankrupt. Often banks and financial institutions track these things and getting credit in the future is difficult, but there is no prohibition on starting new business ventures. Such a policy would be anti-entrepreneurial, anti-capitalistic and un-American! GW has the right to rip-off any sucker who is dumb enough to trust him with their money!!!
Caveat Emptor
I think this looks like a stalling and rip off prior creditors plan. Put out a game that may make some money so you can show the trustee that you may be able to pay back the creditors. File bankruptcy, discharge 90% or more of all prior debt and keep your company that has "potential" future income. GW filed the bankruptcy almost a week before the big civil suits to oust him started. I guess the rumors of spying and bugged office and phone lines may be true. (I rarely believe in coincidence, luck is a verb not a noun)
Remember - shareholders are not creditors. They own a percentage of the company, if the company goes chapter 7, they get nothing. Under Chapter 11 they continue to own the shares, although generally they are of very little value.
Here is a good link: http://www.investopedia.com/ask/answers/06/chapter11stocksbonds.asp
The bonus to GW is that it prevents any other civil suits while the company is in bankruptcy protection.
This is clearly because Dean Anderson quit Startgate SG-1 in Season 8 to be with his kids. If Jack O'neill were still around, he wouldn't stand for this!
Thank you, Agricola! You have always come through with the information.
http://www.sggaminginfo.com/?p=258
Now, according to this, it's looking like Chapter 11 is being pulled, and there's a restraining order out on Whiting taken out by CME?
As for going after Whiting's wife, there had been note here (I remember!) that there was the potential of her getting everything in their divorce proceedings in the attempt to spread the money around...
Is it just me or does anyone else find it disturbing that an official court document misspelled "cause"? Is that grounds for a mistrial? Is our judiciary system going down the proverbial toilet?
Anyway, good on CME for finally taking a stand....about time.
Chapter 11, or any bankruptcy, does not automatically relieve people/companies from all their debts. Depending on the type (chapter) it simply protects them from their creditors coming and suing them for the money "right now". I think some people are mistakenly believing that once you file for bankruptcy you get a clean slate.
Since CME filled a chapter 11 they're going to have to hash out a plan saying "this this and this" is what we're going to change and we're going to pay these people this amount of money over this period of time and then all the creditors have to agree to it and the bankruptcy court has to sign off on it. Chapter 11 is specifically intended to allow companies to keep running under a new structure and protect them from being sued by their creditors for "right now" debt repayment. Creditors will often lessen the amount of debt owed when someone files for bankruptcy because if they agree to the chapter 11 plan the guaranteed smaller amount is often a better deal than forcing a chapter 7 and having no guaranteed of the larger amount. (Meaning if everything the company owns is liquidated and there is not enough money to pay off each creditor then someone is getting shorted.)
AFAIK there is no restriction put on someone preventing them from owning another company if they file for chapter 11. However there are restrictions on how often people and companies can file for bankruptcy. For example its "safer" for a bank to loan money to someone who just filed for bankruptcy than someone who just has no credit (Bad credit is better than no credit) because the person who just filed bankruptcy have to pay the money back, they have no recourse (bankruptcy) to fall back on.
Bankruptcy of course is way more complicated than anyone here has stated it and specifically as it pertains to CME there is a lot of information that none of us know. It could be some ploy by Whiting to protect his cash (but its a pretty poor way and could easily backfire) or it could be that CME got a chunk of cash from Resistance and Whiting's creditors decided they needed that cash so CME finally got rid of Whiting and filed for bankruptcy protection as a shield to separate themselves from Whitings legal troubles.
Edit: U.S. Bankruptcy info
Monday's fun fact!
www.superiorcourt.maricopa.gov/docket/JusticeCourtCases
If you search up Gary Whiting under the Justice Court Cases, you'll find that Numerous CME/Firesky employees have now filed harassment charges against Gary.
Enjoy!