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...

Well you are the one that brought up China. You are the one that brought up Hawaii and Maine. In any event, civil judgments in federal court are often domesticated in state court because of broader state remedies, e.g. creation of lien on real estate, etc.

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Bumpity-bump.  Any updates?

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Oh are we still giving fucks about this? Does someone have one I can borrow?

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It's in the hands of the judge gentlemen. All filings have been made that could be produced prior to the judge ruling on issues concerning personal jurisdiction and/or relevancy of the Lanham Act.

The judge will either ask my lawyer to travel to AZ for oral arguments, dismiss the case, invoke sanctions, or we'll proceed to discovery and deposition. Been 6-7 weeks since the final document was filed as referenced earlier. Kind of open ended at the moment. I will update the thread once I hear anything from the judge. I could hear something anytime now or it could be a year. There is no way to be certain.

I am no lawyer, nor have I ever been through this process before, but this is how I understand where the complaint is at this time. Have a good one fellas.

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I take it discovery and deposition is the best outcome at this point or is sanctions a more positive direction?

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You ought to have your head examined for going to law school in this era.

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lulz

https://imageshack.us/a/img541/3663/cf2r.jpg


Is this an indication that SEI doesn't think through most things?

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Ho Lee Chit    Did you photoshop that?  Do you know what that is?  It's the Death Skull of the SS.  


http://upload.wikimedia.org/wikipedia/commons/thumb/a/aa/SS_Totenkopf.jpg/262px-SS_Totenkopf.jpg

Description
English: Cap badge of the "SS-Totenkopf", second version used from 1934 to 1945.

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lulz

https://imageshack.us/a/img541/3663/cf2r.jpg


Is this an indication that SEI doesn't think through most things?

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It's like caring so little about an ex-girlfriend that you need to drive by her house late at night to let her know you don't care.

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They gonna wear their new shirts to court?

From DOCKET:
29 Mar. 06, 2014  ORDER that Defendant's Motion to Dismiss (Doc. 16 ) is granted. FURTHER ORDERED that Defendant's Motion for Sanctions (Doc. 24 ) is denied. IT IS FURTHER ORDERED directing the Clerk of Court to terminate this action and enter judgment accordingly. Signed by Judge G Murray Snow on 3/6/2014.(KMG) (Entered: 03/06/2014)

30 Mar. 06, 2014 CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED by way of this Court, having granted Defendant's Motion to Dismiss, this action is dismissed in its entirety. Plaintiff shall take nothing. (KMG) (Entered: 03/06/2014)

a portion of Order discussing jurisdiction:
Here, Hammonds made a statement on the message board that SEI was
experiencing manufacturing problems. This comment was made to fellow customers as
part of a conversation in which customers expressed frustration to each other over the
delay in receiving the products they had ordered from SEI. Hammonds made a statement
suggesting a reason for this delay. After Hammonds was informed this statement was
false, Hammonds posted that his source had been “merely brainstorming” and that the
statement was “just the normal rumor mill.” (Doc. 1-1 at 8.) At the time of his statements,
Hammonds had placed orders and deposits for SEI products and was waiting for those
products to arrive. Hammonds’ comments themselves do not suggest, and SEI has not
sufficiently alleged, that Hammonds made his comments in order to harm SEI. Instead, it
appears that Hammonds was expressing his own frustration over the delay in receiving
his SEI products.

After SEI contacted Hammonds, he wrote a subsequent post admitting the initial
post was “merely conjecture” and also noting it was “time to nudge [SEI] and force an
explanation [for the delay].” (Doc. 1-1 at 13.) Here, Hammonds’ statement seems aimed
at SEI, but is merely a statement admitting his initial statement was solely based on
conjecture. Assuming that this statement qualifies as one expressly aimed at SEI in
Arizona, it nonetheless fails under the third prong of the Calder test as SEI does not
allege it experienced any harm because of this statement qualifying Hammonds’ earlier
statement. If anything, this later statement seems to help undo any possible harm caused
by that earlier statement. Plaintiff therefore fails to establish facts that suggest
Hammonds purposefully directed his actions at Arizona under Calder. Because Plaintiff
fails to establish this first prong of the specific personal jurisdiction inquiry, the Court
need not address the other two prongs, but nevertheless finds that, under the
circumstances as alleged by SEI, the exercise of Hammonds would not be reasonable,
and thus finds that SEI has not established personal jurisdiction in this case.

portion of Order discussing sanctions:
While the Court finds that these arguments are not without merit, and even
viewing the facts alleged by Plaintiff in the light most favorable to it, this suit appears to
be an extremely disproportionate response to the actions of the Defendant, they do not
reach the level necessary to impose the “extraordinary remedy” of Rule 11 sanctions.

Here, it seems quite clear that Hammonds is not a competitor of SEI
because he does not manufacture M14 receivers, but it does appear that Hammonds has at
least occasionally sold M14 rifles that he has assembled from component parts, and thus
the claims based on the contention that he is a competitor of SEI are not plainly frivolous
for purposes of Rule 11.

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Snip...

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Using an "SS" symbol as your company logo is perhaps the only thing you could have done to further lower the public opinion of your company after filing a civil suit against your own customer. Nazis aren't cool and no one thinks it's funny, except you apparently.

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http://upload.wikimedia.org/wikipedia/commons/9/97/SS_Totenkopf_Fahne.svg

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As related earlier the motion to dismiss was granted. Sanctions denied, but I realize they are a stretch in most cases.

I'm elated that the case was dismissed. Not necessarily over as Ron can sue me in GA as expressed earlier by FrankDrebin. I'm prepared and on my home turf. I am hoping to avoid any further litigation, but not much I can do at this point other than take the high road and bow out with humility making no attempts to inflame the situation.  

My counsel, Dan DeSouza, has performed a dear service to me and my family. I would not have been able to mount as credible a defense without his skill and generosity. Dan is a true friend and one of us at the M14TFL where this all started. He approached me about wanting to help. His filings were concise, succinct and well-written. Dan provided constant advice and mental support. Thanks Dan for everything.

I would also like to thank my supporters and those contributing to my defense fund. This was a tough situation and acutely stressful in the very beginning. You helped keep my head on straight allowing me to continue with career and family duties. Thanks and please understand I am not out of the woods yet. Please keep my family in your prayers.

To all those commenting, whether positive or negative, thank you for voicing opinions and maintaining presence of this complaint. My only substantial resource is public opinion and the vast majority of individuals saw through the smoke and mirrors. Many took the opportunity to assault my character and theorize my reasoning  and motivations. I can assure you it was not callous nor deliberate as many have suggested. I don't hold grudges and its nothing as far as I'm concerned. It's the past and that's where I'll leave it.

I will update those interested via this thread or start a new one if novel activity within GA courts is begun. Again thanks for your attention, input and advice. Much obliged everyone.