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.