Karaoke Forums

HUH?

http://dockets.justia.com/docket/califo ... 12/514765/

_________________
-- Mark

The charges in the suit are:
#1. Breach of Contract
#2. Fraud
#3. Breach of the implied Convenant of good faith and fair dealing


It appears as though Chartbuster has also "buried their heads in the sand" (a term that Athena likes to use) and not bothered to represent or even answer the suit.... just like a ("p-word").

Apparently, CB was supposed to have all licenses in place for all the tracks they agreed to provide to CAVS and did not. (duh) Distribution of that unlicensed material would also constitute infringement and leave CAVS open to a lawsuit as a third-party-defendant. Something they specifically attempted to avoid when they made the agreement with CB.

A default judgement was entered against Tennessee Production (Chartbuster) on Dec. 2nd. This could explain the slowdown in shipments....

I'd think twice about sending money there and waiting for shipments, it would be wiser to buy from a brick and mortar.... at least for the time being.

This is not accurate. "Entry of default" was made on 12/2. That is only the first step in obtaining a default judgment, and all that it is, is a formal recognition by the clerk of court that the defendant has been served but failed to answer in the required time. Entry of default means that the well-pleaded factual allegations of the complaint are deemed admitted by the defendant who defaulted. Before a default judgment is entered, CAVS would need to file a motion for default judgment, presenting its evidence to the judge. But the defendant could likely easily have its default set aside. Courts are very reluctant to let default stand where a defendant shows that it wants to participate in the case.

They didn't respond in the at least 28 days after being served so that looks like they are not wanting to participate in the case....

Maybe they're still looking for an attorney willing to take the case?....

If that was all that it took, then no default would ever be set aside. And yet they are, routinely.

I'll be interested in reading their response.... if any.