(Topic ID: 92436)

John Popadiuk update thread……MAGIC GIRL, RAZA, AIW…..

By iceman44

9 years ago


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Topic index (key posts)

34 key posts have been marked in this topic, showing the first 10 items.

Display key post list sorted by: Post date | Keypost summary | User name

Post #7211 Zombie Yeti (Jeremy Packer), first post on the Magic Girl/JPop fiasco Posted by zombieyeti (9 years ago)

Post #20523 Link to legal documents with allegations & responses Posted by DennisK (7 years ago)

Post #20526 Third amended complain document Posted by c508 (7 years ago)

Post #20532 Summary of complaints & responses in legal documents Posted by DennisK (7 years ago)

Post #20626 MG is now ready! Posted by TecumsehPlissken (7 years ago)

Post #20631 Scott Goldberg mail on MG completion Posted by TecumsehPlissken (7 years ago)

Post #21819 Information on webpage dedicated to Magic Girl Code Features. Posted by applejuice (7 years ago)

Post #22024 moderation notice Posted by Xerico (7 years ago)


Topic indices are generated from key posts and maintained by Pinside Editors. For more information, or to become an editor yourself read this post!

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#18098 8 years ago
Quoted from iceman44:

NZ and Costa Rica are high on my list of alternate places to live!
As for Jpop, there is no "gag order" regarding public filings.
A lawsuit is not private, it's public record.
Does anybody else know, by way of court filings since we are back to secrecy, what is the date of any mediation, depositions, etc?
Has nothing to do with case facts, which we all know anyhow!
I'll just assume nothing has happened.

I did a quick search in Cook County's court records (since that's where Zidware is based). I found the following case information summary, which I assume is what you seek (hopefully this link works!):
https://w3.courtlink.lexisnexis.com/cookcounty/FindDock.asp?NCase=2015-M1-110181&SearchType=0&Database=1&case_no=&PLtype=2&sname=&CDate=

7 months later
#18872 7 years ago

Well, not much of a news update, but I noticed that the VPForums website is still running a Zidware ad.

http://www.vpforums.org/

It's the upper-left image. It rotates, but seems to start with Zidware when you load the page. I'll include an image here. The link it goes to is broken, but I found it odd there would still be an ad up anywhere.

VPZidware_(resized).jpgVPZidware_(resized).jpg

4 months later
#19951 7 years ago
Quoted from flynnibus:

It's listed as dissolved in the states Corp search as of August.

Just posting an image since I already had one of this, so interested parties can read the details without having to go to the Illinois SoS site. Redacted addressing is mine for Pinside rules compliance, but the full information can be seen via the aforementioned Corp search.

Zidware-CorporateFileDetail-redact (resized).jpgZidware-CorporateFileDetail-redact (resized).jpg

3 months later
#20519 7 years ago
Quoted from c508:

New filings in the JPOP suit.
I am going to see how much it would cost to get JPOP's "answer to the complaint." All 3 versions of the "answer" (JPOP's, MPOP's, and ZidWare's) should be essentially the same since they are all facing the same allegations.
You'd think the "answer" would outline his & AP's plan to make MG customer's whole. Even though that plan is probably just a pipe dream, it would be interesting to see what he had to say.

Wanted to post an update here, since your request process may have been a different avenue than mine (I try and get open records for free, which rarely works when it is a state I don't reside in, but it means I did not follow the normal request protocol which might have sped my response up). I was told the cost would be $13.00 and was given information on how to make the payment and get the document requested (I specifically only asked for Jpop's answer to complaint, not the other two).

Anyway, didn't want to duplicate your effort or anyone else's. If you've moved ahead I'll let my contact know I'm not purchasing it (the payment info is tied specifically to my name). If not, I can cover this and post what I get back; they indicated it would likely arrive next week. Let me know.

#20521 7 years ago

No problem. They've just been paid and confirmation provided to the handler, so I'll report back once I have it in hand.

#20523 7 years ago

The wheels of document retrieval move quickly when greased with processing payments on a Friday I guess, because they actually got me the answer to complaint before they went home for the day. It is five pages, and I've saved it as a PDF on the podcast's Google Drive, so this direct link should work for everyone:
https://drive.google.com/open?id=0ByHkGICVbWWUdleVNVdF9qRUE

Initial look-through shows over 50 allegations, most of which were denied but some admitted to. However, you'd need a listing of what each complaint is to know exactly what is and is not admitted.

1 week later
26
#20532 7 years ago

Okay, finally had a chance to go through the full document. First thing's first, here is a link to a Google Drive folder where I’m putting Zidware research up (so people can just access things instead of requesting through email): https://drive.google.com/open?id=0ByHkGICVbWd0FyTWJSS3JJSWM

Here’s a direct link to the 3rd amended complaint (the full 44-page one) c508 obtained: https://drive.google.com/open?id=0ByHkGICVbWSnhDSWhpRktoR0E

I’ve attempted to crosswalk between the complaint and JPOP’s response, to make things less tedious. Here is my attempt to summarize his answers, categorized as to things he either admits to or things he denies from the complaint. Lots of responses referred to multiple counts, which are the different plantiffs by-and-large (so the amounts change as c508 noted in an earlier post, and the games expected change, but the general claims by the plantiffs as to how they were wronged [and JPOP's response to those claims] are the same).

JPOP admits to:
• Residing in Cook County, IL
• Michelle also lives in Cook County
• Zidware was an Illinois Corporation
• That there was a purchase agreement(s) for a pin (Ben Heck’s Zombie Adventureland specifically cited in Count 1, but which pins are involved varies by count and plantiff), but JPOP denies any claim made that isn’t listed in the purchase agreement (don’t know if any were being made, doesn’t look that way)
• That the plantiff(s) paid him
• That the plantiff(s) demanded a return of the deposit money
• Creating a blog to communicate with purchasers
• Blog post on 10/14/2014 stating “New news here We were able to solidfy an ongoing working arrangement with Mission Pinball and Fast Pinball guys from Seattle last week”
• Blog post on 10/23/2014 stating “We have a set date to show magic girl on a rug for mid december and I will work on the raza schedule and report back soon which will be after that”
• Blog post on 1/17/2015 stating “Currently still on track to show a fully built Zombie Adventureland game in February John Popadiuk”

JPOP denies:
• Failing to perform under the purchase agreements
• That a failure to perform resulted in damages to the plantiff(s)
• That the plantiff(s) is entitled to a return of their deposit
• That the deposit was taken and converted to his own use
• That he refused to refund the deposit as demanded immediately
• That such refusal of deposit refund is willful, wanton, and malicious and thus punitive damages should be awarded
• That as a direct result of not refunding the plantiff(s) deposit, he has been unjustly enriched and benefited at the plantiff(s) expense
• That the 10/14/2014 blog post was false, and that he knew it to be false at the time it was made, and that it was made with the intent to deceive and defraud purchasers
• That the plaintiff actually and justifiably relied on false statement the 10/14/2014 blog post and was damaged as a direct and proximate result of it
• That the false statement contained in the 10/14/2014 blog post was made with oppression, fraud, and malice
• That the 10/23/2014 blog post was false, and that he knew it to be false at the time it was made, and that it was made with the intent to deceive and defraud purchasers
• That the plaintiff actually and justifiably relied on false statement the 10/23/2014 blog post and was damaged as a direct and proximate result of it
• That the false statement contained in the 10/23/2014 blog post was made with oppression, fraud, and malice
• That the 1/17/2015 blog post was false, and that he knew it to be false at the time it was made, and that it was made with the intent to deceive and defraud purchasers
• That the plaintiff actually and justifiably relied on false statement the 1/17/2015 blog post and was damaged as a direct and proximate result of it
• That the false statement contained in the 1/17/2015 blog post was made with oppression, fraud, and malice

Hope this helps out some.

5 months later
#23560 6 years ago
Quoted from Whysnow:

what does it take to get these posted? Are they in the public domain somewhere?

They are public but the State doesn't have them accessible online for free. You have to do a formal document request and pay a fee. Last time I did it (for this case) they did send me a PDF so I didn't need to wait for a hardcopy at least, but it can add up (I think the 5-page document I got was $13).

From there, no problems making them available to others freely. I have a Google Drive folder where public documents relating to this case are kept (only have three, but if anyone obtains more I'm more than willing to store them as well): https://drive.google.com/open?id=0ByHkGICVbWd0FyTWJSS3JJSWM

10 months later
14
#24022 5 years ago
Quoted from wdpvideo:

I know in Arkansas law, if you win a judgment you can at least garnish the wages no matter where he moves as long as he's working you can take part in his paycheck. Other states not so much, or at least none that I'm aware of.

I think in most cases, if a court order for payment exists, garnishment is an option in any state. Some states are more strict overall on garnishments (when the tool can be used outside of court-ordered instances), or at what threshold a garnishment is not allowed (other payments and needs take priority), but as far as I can tell if there is court-ordered restitution then garnishment is usually an option.

Speaking for myself (I'm in Kansas), I had a contractor fail to complete a deck installation on my house. I went to small claims court, got a default judgment for restitution. He then disappeared from the address I had (and his business was gone). Two years later, I got a lead on his location. Since he'd missed the appeal window and the pay-back window, he was required to go to court and, under oath, complete an asset form to let me know everything he had. It wasn't much, but there was a job.

I filed garnishment paperwork and late last year started to receive weekly payments. It is slow-going (as the wage of the job is a major factor, but due to being overdue by two years his payment total grew by almost 30% due to court fees and [mostly] court-ordered interest), but I'm over a 1/3 paid back now and feel that my patience and determination were worth the headache.

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