Now, ignoring the horrible spelling and grammar (making it "authentic Ken") look at the submitted image. (note - court documentation provided by the NotAnotherDime blog - the place for all things #ConManKen)
Now, let's peek at the ORIGINAL image:
Note - not the promised HQ release. Not pressed by Kenny. Not edited by Kenny. Not Shipped by Kenny. "Rescued" because Kenny failed at his obligations. That isn't "allegedly", those are facts.
Let's end with some words of wisdom from our very own "#conManKen:
Gee, I hope Kenny brings his game face to court next Wednesday. Ah, man, I need to get a press pass. ;)
I saw the filing of the exhibit ZA first, and thought that Whitman had ordered some of the Rescued DVDs, that he then used for the photo in the exhibit. THEN I saw a posting over at notanotherdime that showed the photo plus the text from Jolly himself; so Whitman copied Jolly's Facebook page photo of them without the explanation text and tried to make it sound like he delivered on that part of the project!
ReplyDeleteOne will also note that d20 Entertainment is listed as a dba by Whitman, without the LLC suffix.
The problem is two things:
1: I already filed multiple exhibits showing Whitman calling d20 as d20 Entertainment LLC WITH the LLC, which never existed.
2: Even if it was a dba, it can't have LLC on it (which is why Whitman removed it from this filing) plus a dba needs to be filed in KY, which never happened and can't because it would conflict with the name reservation I have, and already filed exhibits showing all this.
Louis won't do it, but the proper response to this lawsuit is, "Your head resembles that of a chicken."
ReplyDeleteWell, Ken just started emailing me memes of me, making fun of me, so I guess instead of just telling me what he wants for the raw footage, Whitman is going spend all his time on making memes of me.
DeleteAnd Whitman wonders why no one will hire him for any work?
I didn't realize Whitman is pro se.
ReplyDeleteI understand why Mr. Desy is representing himself, as I understand he went to law school. But "Whit" mocks Mr. Desy for representing himself, then does the same thing, only with no training.
This is such implausible drama, no one would buy this script.
Mr. Desy, I wish you a swift and fruitful proceeding.
One interesting item is that Whitman told me that he had a minor in business law, so I guess that is better than any law degree.
DeleteThe part that is truly painful about the whole thing is the misspellings and the various grammar errors, plus the strange filings.
While the court may give Whitman some leeway, since he is pro se, I expect at some point the court will simply recommend that he at least hire a lawyer so things are properly filed.
Of course, if Whitman would simply just turn over the raw footage and provide an accounting, the case would be over.
I took a premed class once
DeleteKen: yeah, basically a doctor.
I reread what Whitman filed as exhibit ZA. It truly is a complete and total mess.
ReplyDeleteGood. Makes it much easier, I assume.
DeleteLouis ... I am hoping you can get a affidavit for ZOE to refute exhibit ZA. Barring that ... a copy of the interview that Ken did with that "neutral" blog earlier where the head of ZOE came in an clarified what Ken did not do and what he had to do to make the rescued DvDs ... all of which were done with no help from Ken at all.
DeletePart of the two discovery requests that I filed today is Whitman is being asked to list ALL of the raw footage files and their status plus detail any copies or transfers made of those files. Whitman needs to tell the court about all of the files, plus tell which ones ZOE has, so the burden on Whitman is to detail what ZOE does NOT have already.
DeleteWay back at GenCon in 97 or 98 (I forget - it was the one where Petey was working for Imperium Games) someone was running a 'put people in jail for charity' thing. I've got a pic somewhere (if I find it, I'll scan it and send it in) of Petey behind bars. I though it was pretty funny at the time.
ReplyDeleteBut now, it looks like he's on the way of perjuring himself into a real cell. Can't say I'm surprised.
Is there any kind of documentation out there to suggest that he is mentally ill?
ReplyDeleteHe self diagnosed himself with CTE - does that count?
DeleteMr. Tenkar, I find that one fascinating. While perhaps not common knowledge, I assume it's not hard to find out CTE is only diagnosed in a post mortem.
DeleteThe post-mortem thing might not be widely known, but it has been posted about here in the past...
DeleteHis decision to capitalize cock is really what seals it for me.
ReplyDeleteThat was hilarious.
DeleteHe’s totally going for an insanity plea (or whatever that equates to in real life).
ReplyDeleteThere would be no point in a civil case imho but I wish good luck to the person who agrees to tutoring Whitman...
DeleteKenny just filed a motion to dismiss all charges because he's too poor to get to NY to answer the charges. Yes, seriously.
ReplyDeleteI saw that and was drafting a response, but Whitman's filing got returned due to some problem with the filing. I am waiting for Whitman to correct and refile.
DeleteI do find it amazing that Whitman files as one of the reasons for dismissal of the case is that he is too poor to travel to court to appear in person, but also makes it so people have to travel to court. I filed exhibit AA, document #45 showing an email where he says that he wants to force me to have to drive to NY and that it would not be a problem for him.
Now, all of a sudden he claims it is a problem and even so bad that the case should be dismissed because of it.
Of course he did. TFG.
DeleteI know I said I was done posting, but this time is REALLY my last post.
ReplyDeleteKickstarter attorneys just replied to the lawduit, and let's just say .... This lawsuit is over.
Take care guys.
Well, even more interesting is that the truth is that the lawsuit really can't recover the footage because you lost all of them sometime before Gencon 2015 but hid that fact from most people.
DeleteThe files were all definitely gone by April 2016. I filed a memorandum on the docket explaining how the only thing that makes sense is that the files have been gone for two, maybe three years, and you hid that fact from everyone.
There is nothing that can be done in court because court can't recover the lost files. The only small hope is that somehow the 4TB hard drive lost when the friend was evicted from an apartment shows up someday. I posted an offer of a $500 reward for that device with the footage. I expect it will be something of a small miracle for me to ever to make that payment.