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Author Topic: Queensryche Lawsuit Documents Here (updated Feb. 16, 2014)  (Read 51791 times)

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Samsara

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Queensryche Lawsuit Documents Here (updated Feb. 16, 2014)
« on: July 10, 2012, 10:50:34 AM »



PLEASE NOTE: All these documents are for you -- take them and share them wherever you see fit and please credit The Breakdown Room. However, if there is legal analysis or explanation of something, please don't lift that and post that as your own language. Give credit for that analysis to BdR. Thanks.


2012

Complaint -- http://www.anybodylistening.net/lawsuit/complaint.pdf
Response -- http://www.anybodylistening.net/lawsuit/response.pdf
Motion of Plaintiffs to Strike - http://www.anybodylistening.net/lawsuit/motionofplaintifftostrike.pdf
Certification - http://www.anybodylistening.net/lawsuit/certification.pdf
Motion to Shorten Time - http://www.anybodylistening.net/lawsuit/motiontoshortentime.pdf

=======================================================================

Declaration of Geoff Tate - http://www.anybodylistening.net/lawsuit/geofftate.pdf
Declaration of Susan Tate - http://www.anybodylistening.net/lawsuit/susantate.pdf
Declaration of Kelly Gray - http://www.anybodylistening.net/lawsuit/kellygray.pdf
Declaration of Karen Ahmed - http://www.anybodylistening.net/lawsuit/karenahmed.pdf
Declaration of Paul Gargano - http://www.anybodylistening.net/lawsuit/gargano.pdf
Declaration of Jason Slater - http://www.anybodylistening.net/lawsuit/slater.pdf
Declaration of Benjamin Stone (Tate atty) - http://www.anybodylistening.net/lawsuit/benstone.pdf

=======================================================================

Declaration of Michael Wilton - http://www.anybodylistening.net/lawsuit/wilton.pdf
Declaration of Scott Rockenfield - http://www.anybodylistening.net/lawsuit/scottrockenfield.pdf (updated on Jan. 4, 2013 to redact ONLY Scott's phone number, out of respect for his privacy)
Declaration of Misty Rockenfield - http://www.anybodylistening.net/lawsuit/mistyrockenfield.pdf
Declaration of Scott "Fozzy" O'Hare - http://www.anybodylistening.net/lawsuit/fozzy.pdf
Declaration of Eddie Jackson - http://www.anybodylistening.net/lawsuit/jackson.pdf
Declaration of Alan Miller - http://www.anybodylistening.net/lawsuit/miller.pdf
Declaration of Paul Geary - http://www.anybodylistening.net/lawsuit/geary.pdf
Declaration of Parker Lundgren - http://www.anybodylistening.net/lawsuit/lundgren.pdf
Declaration of Anthony "Kenny" Bender - http://www.anybodylistening.net/lawsuit/bender.pdf
Declaration of Eugene "Geno" Bishop - http://www.anybodylistening.net/lawsuit/bishop.pdf
Declaration of Thomas Oskinski Jr. - http://www.anybodylistening.net/lawsuit/osinski.pdf

======================================================================

Declaration of Brian Fleming -- http://anybodylistening.net/lawsuit/brianfleming.pdf
Declaration of Catherine Reeves - http://anybodylistening.net/lawsuit/catherinereeves.pdf
Declaration of Geoff Tate 2 - http://anybodylistening.net/lawsuit/geofftate2.pdf
Declaration of Lars Sorensen - http://anybodylistening.net/lawsuit/larssorensen.pdf
Declaraion of Lisa Angell - http://anybodylistening.net/lawsuit/lisaangell.pdf
Declaration of Mark Reeves - http://anybodylistening.net/lawsuit/markreeves.pdf
Declaration of Maureen Fischer - http://anybodylistening.net/lawsuit/maureenfischer.pdf
Declaration of Mike Elko - http://anybodylistening.net/lawsuit/mikeelko.pdf
Declaration of Randall Gane - http://anybodylistening.net/lawsuit/randygane.pdf
Declaration of Susan Tate - http://anybodylistening.net/lawsuit/susantate2.pdf
Declaration of Toffer Christensen - http://anybodylistening.net/lawsuit/tofferchristensen.pdf
Reply Memorandum - http://anybodylistening.net/lawsuit/reply-memo.pdf

=======================================================================

Posted July 16:

Defendants' Response to Plaintiff's Motion to Strike - http://anybodylistening.net/lawsuit/defresponsetomotiontostrike.pdf
Declaration of Declaration of Thomas Oskinski Jr. (re: Plaintiff's Motion to Strike) - http://anybodylistening.net/lawsuit/osinskideclaration2.pdf
Clerk's Minutes (re: Injunction Hearing) - http://anybodylistening.net/lawsuit/motionhearing.pdf

========================================================================

Posted July 22:

Order Denying Preliminary Injunction - http://www.anybodylistening.net/lawsuit/orderdenyinginjunction.pdf
Notice of Hearing - http://anybodylistening.net/lawsuit/noticeofhearing.pdf
Motion to Disqualify Counsel - http://anybodylistening.net/lawsuit/motiontodisqualifycounsel.pdf
Motion to Disqualify Counsel: Declaration of Ben Stone - http://anybodylistening.net/lawsuit/motiontodisqualify-benstone.pdf
Motion to Disqualify Counsel: Declaration of Geoff Tate - http://anybodylistening.net/lawsuit/motiontodisqualify-geofftate.pdf
Motion for Default - http://anybodylistening.net/lawsuit/motionfordefault.pdf

==========================================================================

Posted July 26:

Response to Motion to Disqualify - http://anybodylistening.net/lawsuit/response2mtn2disqualify.pdf
Declaration of Thomas Osinski (re: Motion to Disqualify) - http://anybodylistening.net/lawsuit/declaration-mtn2disqualify-osinski.pdf

==========================================================================

Posted July 27:

Reply in Further Support of Motion to Disqualify - http://anybodylistening.net/lawsuit/replyinfurthersupport1.pdf
Second Reply in Further Support of Motion to Disqualify - http://anybodylistening.net/lawsuit/replyinfurthersupport2.pdf
Defendant's Answer and Counterclaim - http://anybodylistening.net/lawsuit/defendantsanswer-counterclaim.pdf

Thanks to my friend Tommy for sending these pleadings along.

===========================================================================

Posted Aug. 2

Order Disqualifying Osinski (corporate defendants) - http://anybodylistening.net/lawsuit/orderdisqualifyingosinski.pdf
Order Denying Plaintiff's Motion for Default - http://anybodylistening.net/lawsuit/orderdenyingdefault.pdf

Thanks to my friend Tommy M. for grabbing these.

=============================================================================

Posted Aug. 15

Plaintiff's Answer to Defendant Counterclaims -- http://www.anybodylistening.net/lawsuit/answer2counterclaims.pdf

=============================================================================

Posted Aug. 28

Audio of the Preliminary Injunction Hearing Pt. 1 -- http://www.anybodylistening.net/lawsuit/qr-injunctionhearing1.mp3 (right-click, save as)
Audio of the Preliminary Injunction Hearing Pt. 2 -- http://www.anybodylistening.net/lawsuit/qr-injunctionhearing2.mp3 (right-click, save as)

Thanks to forum member Grendelsan for the audio files!

=============================================================================

Posted Sept. 25

Defendants Motion for Partial Summary Judgment -- http://www.anybodylistening.net/lawsuit/motion-sumjudg.pdf
Osinski Declaration --  http://www.anybodylistening.net/lawsuit/oskinski-sumjudg-declaration.pdf
Scott Rockenfield Declaration -- http://www.anybodylistening.net/lawsuit/scottrock-sumjudg-declaration.pdf
Notice for Docket -- http://www.anybodylistening.net/lawsuit/notefordocket-sumjudg.pdf

=============================================================================

Posted Oct. 9 (approx. 11 p.m. Pacific)

Plaintiff's Response to Motion for Partial Summary Judgment -- http://www.anybodylistening.net/lawsuit/responseofplaintiff-sumjudg.pdf
Geoff Tate Declaration --  http://www.anybodylistening.net/lawsuit/declaration-geofftate-sumjudg.pdf
Jason Ames Declaration -- http://www.anybodylistening.net/lawsuit/declaration-jasonames-sumjudg.pdf
Alex Rafael Declaration -- http://www.anybodylistening.net/lawsuit/declaration-alexrafael.pdf
Jeff Albright Declaration -- http://www.anybodylistening.net/lawsuit/declaration-jeffalbright.pdf
Josh Brower Declaration -- http://www.anybodylistening.net/lawsuit/declaration-joshbrower.pdf
Maureen Fisher Declaration -- http://www.anybodylistening.net/lawsuit/declaration-maureenfisher.pdf
Michael Beyer Declaration -- http://www.anybodylistening.net/lawsuit/declaration-michaelbeyer.pdf

*Thanks to my good friend Tommy M. for sending these docs over. Much appreciated.



AND DO THE RIGHT THING AND CITE THE BREAKDOWN ROOM - www.anybodylistening.net/breakdownroom as the source where you lift this from. This goes for all QR communities AND news sites like Blabbermouth. Give credit to the people that provide this information to you.


=============================================================================

Posted Oct. 18

Defendant's Reply to Plaintiff's Response to Motion for Partial Summary Judgment -- http://sdrv.ms/QuiBiL

Thomas Osinski Jr. Declaration -- http://sdrv.ms/Rb8fUW

Scott Rockenfield Declaration -- http://sdrv.ms/OL6izX

Orlando "Fozzy" O'Hare Declaration -- http://sdrv.ms/PcqHj7

*Thanks to my good friend Tommy M. for sending these docs over. Much appreciated.

=============================================================================

Posted Oct. 23

Order Denying Partial Summary Judgment -- http://www.anybodylistening.net/lawsuit/orderdenying.pdf

Partial Summary Judgment Hearing Minutes -- http://www.anybodylistening.net/lawsuit/sumjughearing.pdf

Osinski Declaration (longer one with exhibits) -- http://www.anybodylistening.net/lawsuit/oskinski-longer.pdf


=============================================================================

Posted Nov. 29

Confirmation of Joinder of Parties, Claims and Defenses -- http://www.anybodylistening.net/lawsuit/confirmationjoinder.pdf

What this is:  It is just a required pleading to be filed by plaintiff which confirms everybody has been joined and the case is or is not suitable for arbitration.  As the amount in controversy likely exceeds $50,000 the case is not subject to arbitration.  Other events like this are all laid out in the case scheduling order issued when the case is filed.

All in all, just a bunch of "administrative gobbledygoop." :) Phrase (and description) stolen from one of my attorney buddies. Thanks T!

=============================================================================

Posted Dec. 9

Order for Change in Judge -- http://www.anybodylistening.net/lawsuit/orderforchangeofjudge.pdf

What this is:  Case was assigned a new judge.


AND DO THE RIGHT THING AND CITE THE BREAKDOWN ROOM - www.anybodylistening.net/breakdownroom as the source where you lift this from. This goes for all QR communities AND news sites like Blabbermouth. Give credit to the people that provide this information to you.


=============================================================================

2013

Posted June 25, 2013

Order for Change in Judge 2 -- http://www.anybodylistening.net/lawsuit/changeofjudge2.pdf

What this is:  Case was assigned a new judge...again.

=============================================================================

Posted Aug. 20, 2013

Plaintiff's Motion for Continuance -- http://www.anybodylistening.net/lawsuit/aug13motion-continue.pdf
Defense Opposition to Continuance -- http://www.anybodylistening.net/lawsuit/aug13motion-continue-opposition.pdf
Plaintiff's Reply in Support of Continuance -- http://www.anybodylistening.net/lawsuit/aug13motion-continue-reply.pdf
Geoff Tate Declaration -- http://www.anybodylistening.net/lawsuit/aug13gtdecl.pdf
Scott Rockenfield Declaration -- http://www.anybodylistening.net/lawsuit/aug13srdecl.pdf
Joshua Brower (Tate Atty) Declaration #2 -- http://www.anybodylistening.net/lawsuit/aug13joshuabrowertdecl2.pdf
Thomas Oskinski Declaration -- http://www.anybodylistening.net/lawsuit/aug13thomasoskinskidecl.pdf
Notice of Hearing on Aug. 20 -- http://www.anybodylistening.net/lawsuit/aug13-hearingnotice.pdf

Note: There is an additional declaration from Joshua Brower. I have not posted it because it appears Atty. Brower has attached documents clearly marked as confidential. While I am not an attorney on this case, I find Brower's attachment of confidential documents to be in bad faith and as a result, I don't feel comfortable posting it here until I can have the confidential bits redacted properly. Thanks for understanding.

What this is:  Tate is requesting a delay of 180 days for the trial. The band is opposed and says it is ready to move forward with the trial immediately. The attorneys go back and forth, and a hearing was held today, Aug. 20, for the judge to review. A decision on the continuance will likely be made shortly.


AND DO THE RIGHT THING AND CITE THE BREAKDOWN ROOM - www.anybodylistening.net/breakdownroom as the source where you lift this from. This goes for all QR communities AND news sites like Blabbermouth. Give credit to the people that provide this information to you.


=============================================================================

Posted Aug. 24, 2013

Order Amending Case Schedule -- http://www.anybodylistening.net/lawsuit/orderamendingschedule.pdf
Order Allowing Continuance Until Jan. 27, 2014 -- http://www.anybodylistening.net/lawsuit/aug13continuanceorder.pdf

What this is:  Tate was granted a continuance until Jan. 27, 2014, delaying the trial by approximately 70 days (he had requested 180).

=============================================================================

Posted Oct. 22, 2013

Certificate of E-Service -- http://www.anybodylistening.net/lawsuit/declaration-msj.pdf


What this is:  This document was filed with the court and the parties to notify them that they have filed a Motion for Summary Judgment to end the case. In speaking with a friend, this is a doomsday motion by Tate.  Unless a lot has changed with discovery since the continuance of trial, the MSJ will fail.  In order to prevail Tate must demonstrate there is no triable issue of fact AND that as a matter of law he is entitled to judgment.  Both are a pretty big reach given the available information.

This also indicates that we should see declarations from Tate, his attorney, and the actual motion up on the court website in the next few days. I'll add them as things happen.

=============================================================================

Posted Nov. 1, 2013

Motion for Partial Summary Judgment -- http://www.anybodylistening.net/lawsuit/102113-motionpartialsumjug.pdf
Geoff Tate Declaration in Support of Motion for Partial Summary Judgment -- http://www.anybodylistening.net/lawsuit/102113-geoffdeclaration.pdf
Joshua Brower Declaration in Support of Motion for Partial Summary Judgment -- http://www.anybodylistening.net/lawsuit/102113-browerdeclaration.pdf
Hearing Notice (for December) -- http://www.anybodylistening.net/lawsuit/dec-sumjughearing.pdf


What this is:  Tate is taking one last gasp to try and get pieces of the suit thrown out for a violation of contract.

=============================================================================

Posted Nov. 8, 2013

Order for Joint Pre-trial Report -- http://www.anybodylistening.net/lawsuit/OrderForJointPretrialReport.pdf


AND DO THE RIGHT THING AND PLEASE CITE THE BREAKDOWN ROOM - www.anybodylistening.net/breakdownroom as the source where you lift this from. This goes for all QR communities AND news sites like Blabbermouth. Give credit to the people that provide this information to you.


=============================================================================

Posted Nov. 22, 2013

Defendant Response - https://www.dropbox.com/sh/vvjmzgwu3eahh65/OkyowUV8jn/RESPONSEDEF%5B1%5D.pdf
Declaration of Thomas Osinski - https://www.dropbox.com/sh/vvjmzgwu3eahh65/vPyrG7XcG6/DECLARATIONOFTHOMASOSINSKI%2CJR%5B1%5D.pdf
Declaration of Michael Wilton - https://www.dropbox.com/sh/vvjmzgwu3eahh65/3LWF6LmetT/DECLARATIONOFMICHAELWILTON%5B1%5D.pdf
Declaration of Eddie Jackson - https://www.dropbox.com/sh/vvjmzgwu3eahh65/WZJMXIWUoe/DECLARATIONOFEDDIEJACKSON%5B1%5D.pdf
Declaration of Scott Rockenfield - https://www.dropbox.com/sh/vvjmzgwu3eahh65/IonHuf8TEf/DECLARATIONOFSCOTTROCKENFIELD%5B1%5D.pdf
Note for Motion Summary Judgment - https://www.dropbox.com/sh/vvjmzgwu3eahh65/l5brCHhhYl/NOTEFORMOTIONDOCKETSUMMJDGT%5B1%5D.pdf

Special thanks to MindcrimeRycher for picking these up.

=============================================================================

Posted: Dec. 5, 2013

Tate Declaration in opposition to cross-motion for summary judgment -- https://www.dropbox.com/s/zippexb7dqtzren/DECLARATIONOFGEOFFTATE-12052013.pdf

Plaintiffs' reply in support of their motion for partial summary judgment and response to defendant cross-motion -- https://www.dropbox.com/s/3zzsflo4fv5zo1i/REPLYPLA.pdf

Notes: Should be pretty obvious what these are. Next step is the Defendant's final reply to all of this. That's likely in the works.

==========================================================================

Posted: Dec. 14, 2013

Geoff Tate Declaration in Opposition to Defendant's Cross Motion for Summary Judgment -- coming soon
Geoff Tate Declaration in Support of Plaintiff's Motion for Summary Judgment -- http://www.anybodylistening.net/lawsuit/02-decl-gt-support-sumjudg.pdf
Plaintiff's Reply to Defendant's Cross Motion for Summary Judgment -- http://www.anybodylistening.net/lawsuit/03-tatereplytocrossmtn.pdf
Plaintiff's Reply in Support of Their Motion for Summary Judgment -- http://www.anybodylistening.net/lawsuit/04-tatereplysupptsmj.pdf
Defendant's Reply to Tate Regarding Defendant Cross Motion for Summary Judgment -- http://www.anybodylistening.net/lawsuit/05-defendantsreply-crossmtn.pdf
Order Denying Both Motions for Partial Summary Judgment -- http://www.anybodylistening.net/lawsuit/06-orderdenyingmotions.pdf
Note Showing Additional Counsel on Defendant's Team -- http://www.anybodylistening.net/lawsuit/07-associationofcounsel.pdf
Another Order for Change of Judge -- http://www.anybodylistening.net/lawsuit/08-anotherjudgechange.pdf
Pre-Trial Report Confirmation -- http://www.anybodylistening.net/lawsuit/09-pretrialreport-confirmation.pdf

Note: I tried to put these in somewhat of an order so that it makes sense to read one after the other.

==========================================================================

2014

Posted: Jan. 13, 2014

Order for Continuance - https://www.dropbox.com/s/xzzbp2czuasu8xo/ORDFORCONTINUANCEOFTRIALDATE.pdf
Order Amending Case Schedule - https://www.dropbox.com/s/n9sserb93wdwlt8/ORDERAMENDINGCASESCHEDULE.pdf

Note: This stipulates the parties are in settlement negotiations and need additional time to hammer it out. If they can't, trial is set for Feb. 10, 2014. Thanks to my good buddy TM for throwing this my way.

============================================================================

Posted: Jan. 21, 2014

Plaintiff's Exhibit List for Trial -- https://www.dropbox.com/s/22lygnasd30fh2d/NOTICEREEVIDENTIARYRULE.pdf

Note: This is a listing of all the documentation that will be used as evidence by the plaintiffs (the Tates) at trial.

=====================================================================================

Posted: Jan. 22, 2014

Order for Trial Continuance -- https://www.dropbox.com/s/70vo8o9nek6f7d5/ORDERTRIALCONTINUANCE.pdf

Note: Trial is moved to March 3, or a date after that at the court's discretion of the docket is full.

====================================================================================


DISCUSSION of this material should take place in existing threads. Thanks.
« Last Edit: March 21, 2014, 02:06:38 PM by Samsara »
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Samsara

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Re: Queensryche Lawsuit Documents Here (updated Feb. 16, 2014)
« Reply #1 on: February 06, 2014, 07:19:51 AM »

2014 (continued)

Posted: Feb. 6, 2014

Order for Pre-Trial Hearing on Feb. 11 -- https://www.dropbox.com/s/yat17mgajzqv898/ORDERTOAPPEARPRETRIALHRGCONF.pdf

Note: Sorry all. Did not see this one last time we updated. Looks like Osinski and Brower have to meet with the judge on Feb. 11.

====================================================================================

Posted: Feb. 16, 2014

Order for Continuance of Trial -- https://www.dropbox.com/s/w7l9vuv8dfr9byr/ORDFORCONTINUANCEOFTRIALDATE%250d%250aPRETRIALCONFERENCE.pdf

Note: Apparently this is very close now to settling, so the parties requested a final continuance to hammer out the last details. I'd expect this to end in the next couple of weeks. If it goes to trial, trial is now set for April 7.

======================================================================================
« Last Edit: February 16, 2014, 07:52:10 AM by Samsara »
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