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c. staley
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Posted: Fri Sep 23, 2011 12:03 am |
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Joined: Thu Jun 06, 2002 7:26 am Posts: 4839 Location: In your head rent-free Been Liked: 582 times
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Murray C wrote: Holy Carp! (Mackerel just doesn't cut it )! Could it be that we are mostly in agreement here? Why are you so surprised? Contrary to popular belief, I am a reasonable person... (wouldn't that be "Holy Moose Carp" anyway?) Murray C wrote: I do believe from statements I have read from both Ernie and Kurt Slep that the promised product was, in fact, delivered.
Not sure if SC would be able to just file a motion though. If the case has already been dismissed due to the plaintiff's non-response, I'm not sure if the court would maintain jurisdiction over the settlement. Maybe SC would have to file a new suit for breach of contract. All of that depends on a couple of factors: #1. The language of the settlement and, #2. whether or not SC had violated (or violated the "spirit of") the settlement in question. I recall Kurt Slep posting publicly to Ernie that he was willing to bring it all up again... but it died a quiet death... there must be a few more skeletons lurking around in some legal closets...
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JoeChartreuse
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Posted: Sat Sep 24, 2011 2:03 pm |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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Murray C wrote: With Ernie's propensity to obfuscate the facts, ...... Have you ever met, spent time with, or even had a long phone conversation with Ernie? I'm just trying to figure out the basis for your statement above.. Um, wait a sec. You feel the same about me, and we have never met or spoken on the phone either.... Nevermind..
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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Micky
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Posted: Sat Sep 24, 2011 3:48 pm |
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Joined: Thu Jun 10, 2004 6:13 pm Posts: 1625 Location: Montreal, Canada Been Liked: 34 times
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JoeChartreuse wrote: [quote="Lonman] In this area I do not consider a KJ without SC tracks on an even playing field - it still is the preferred choice to the majority[/quote]
Zoom has overtaken them in many areas as well. Also, please keep in mind that except for a single release in 2009, they haven't done a thing since 2007, and are really no longer a player at all.[/quote] Well said, and I think it's time for everyone to move on, all we see on this forum are these two letters Hey, they made good stuff, not all legally but they couldn't figure out a way to protect their work, so please SC, now that you sold your tracks to KC, just step aside and let CB, Zoom & others do the work
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Murray C
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Posted: Sat Sep 24, 2011 8:26 pm |
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Joined: Thu Sep 23, 2004 3:50 pm Posts: 1047 Been Liked: 1 time
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JoeChartreuse wrote: Murray C wrote: With Ernie's propensity to obfuscate the facts, ...... I'm just trying to figure out the basis for your statement above.. The basis is clear to those who read and comprehend what has been stated by Ernie. Here is just one example of the result of Ernie's obfuscation... diafel wrote: Actually, if I recall correctly, the motion to dismiss was granted BEFORE Ernie signed the settlement agreement. I am fairly certain I can point to the exact post by Ernie that led diafel (and most likely others) to believe that. From that post, one could not blame anyone for drawing the conclusion diafel did if they had not read the previous post by Ernie that clearly stated he had, in fact, settled four months before the dimissal.
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c. staley
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Posted: Sat Sep 24, 2011 11:33 pm |
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Joined: Thu Jun 06, 2002 7:26 am Posts: 4839 Location: In your head rent-free Been Liked: 582 times
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Murray C wrote: I am fairly certain I can point to the exact post by Ernie that led diafel (and most likely others) to believe that. From that post, one could not blame anyone for drawing the conclusion diafel did if they had not read the previous post by Ernie that clearly stated he had, in fact, settled four months before the dimissal. Please point away.... Are you sure that what Ernie signed was actually a settlement and not simply an agreement to purchase additional product? I seem to recall some wrangling about SC specifically NOT delivering product directly, but attempting to use a third party to personally make the delivery and not a standard carrier like United Parcel Service or Fedex.
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JoeChartreuse
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Posted: Sun Sep 25, 2011 1:17 am |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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I would like to re-state a suggestion that I have made before, because I think it would truly add to both the quality of these debates AND the total of each individual's knowledge.
I suggest that those involved in the SC debates make an effort to reach out to those on the "other side". If distance makes visiting an issue, than a phone call long enough to get a sense of the other person. A voice, at least, will convey nuance and emotion that posts do not.
I feel that getting a sense of a person adds a great deal of understanding of their position.
I have spoken to several of those who disagree with my stance on the forum- as well as those who agree- and have found many to be intelligent thinkers who are very nice people. I have also had a completely civil discussion with Kurt as well. If nothing else, I feel that I learned quite a bit about him.
I have also found that some on both sides whose positions seem to be black and white here on the forum, are not quite that way in real life.
I invite anyone who has not yet spoken to me ( on either side) to PM me to share contact info and best times to reach each other. I would like to speak to and learn from all. I would also add for anyone interested that my ethical stance is that all phone conversations are private, and will not be discussed by me here or on any other private forum. If you need reassurance, try checking with, say, Athena. We are of completely different opinions here, yet we have learned to trust and share with each other without fear of misused information.
If not me, then I hope you will find at least ONE person on the "other side" that you would feel comfortable calling, and do so. I guarantee that you will benefit from the experience.
If nothing else, getting a better sense of a person might cut down on misjudgements of that person, making for an easier more pleasant experience here on the forum.
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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Murray C
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Posted: Sun Sep 25, 2011 6:49 pm |
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Joined: Thu Sep 23, 2004 3:50 pm Posts: 1047 Been Liked: 1 time
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c. staley wrote: Are you sure that what Ernie signed was actually a settlement and not simply an agreement to purchase additional product? While not having seen the signed agreement, these quotes from Ernie and Sound Choice (also posted above) are mutually indicative that both parties acknowledged a settlement. 01erniemac wrote: I agreed to their outrageous settlement terms Sound Choice wrote: 5/28/10 - McCullar signs the settlement agreement Other statements from these parties also support my belief that a settlement agreement was in fact signed. c. staley wrote: I seem to recall some wrangling about SC specifically NOT delivering product directly, but attempting to use a third party to personally make the delivery and not a standard carrier like United Parcel Service or Fedex. I seem to recall statements that the product was,in fact, delivered by Kurt Slep personally to Ernie, after Ernie failed to pick the product up from the third party.
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Murray C
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Posted: Mon Sep 26, 2011 7:14 am |
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Joined: Thu Sep 23, 2004 3:50 pm Posts: 1047 Been Liked: 1 time
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c. staley wrote: Please point away.... #3 at the link that KJAthena provided on page 9 of this thread.
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