CIG / Crytek

August

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD : NOTICE IS HEREBY GIVEN that, pursuant to California Code of Civil Procedure §1030, on April 26, 2019at 9:30a.m., or as soon thereafter as the matter may be heard, in Courtroom 8C by the Honorable Dolly M. Gee of the United States District Court for the Central District of California, located at 350 West 1stStreet, Los Angeles, California 90012, Defendants Cloud Imperium Games Corp.(“CIG”) and Roberts Space Industries Corp.(“RSI”) (together, “Defendants”) will, and hereby do, move for an order requiring Plaintiff Crytek GmbH (“Crytek”) to post a bond in the amount of $2,193,298.45 to secure the award of attorneys’ fees and costs that Defendants will be entitled to receive as the prevailing party in this action.
 

Vavrik

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This is part of why I thought the lawsuit was Crytek saying their Hail Mary. If they lose this, no reputable company will use their product again. I think they really wanted CIG to buy them out, or settle to avoid bad publicity. I don't think they expected CIG to have balls.
 

Hybus

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Seems like another legal tactic. Essentially CIG knows that Crytek is broke and since they are unlikely to receive compensation if the court finds in CIG's favour. As a tactic to say put up or piss off, you need to place a bond with the court for X-amount of dollars. If your case is so iron clad and justified as you claim, then you'll get it back.
 

Radegast74

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Seems like another legal tactic. Essentially CIG knows that Crytek is broke and since they are unlikely to receive compensation if the court finds in CIG's favour. As a tactic to say put up or piss off, you need to place a bond with the court for X-amount of dollars. If your case is so iron clad and justified as you claim, then you'll get it back.
Interestingly, it is the law...from the filing:
This motion is brought pursuant to California Code of Civil Procedure § 1030 andthis Court’s inherent power to require foreign plaintiffs to post a security bond for costs where there is a reasonable possibility that the defendants will obtain a judgment in the action. See Simulnet E. Assocs. v. Ramada Hotel Operating Co., 37 F.3d 573, 574 (9th Cir. 1994). Here, Crytek is a foreign (German) corporation, CIG is contractually and statutorily entitled to its attorneys’ fees, costs, and expenses as the prevailing party in this action, and CIG has far greater than a “reasonable possibility” of obtaining a judgmentagainst Crytek for such an award. An adequate bond is especially warranted in this case, given the myriad reported financial problems that have plagued Crytek in recent years, and the alarming risk that Crytek will be unable to satisfy the judgment awarded to Defendants.
In a nutshell, you shouldn't bring a civil suit if you don't really have a good reason. Crytek gambled and lost, and now CIG and RSI are seeking compensation for their wasted time. Good!
 

Hybus

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(first IANAL) Oh I agree, it is the law, but they waited till this point in the proceedings to hammer it in. Kind of like, "Ok, we're tired of this, we you gave lots of chances to back out gracefully, now demonstrate you are truly invested in your case". If the judge agrees with CIG's interpretation of the statute and sets a bond,yet Crytek is unwilling/unable to make good on said bond, I'm going to assume the case fails.
 

Vavrik

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This is kind of standard operating procedure. It's part of the reason many companies doing business with Americans often have a Delaware or some other state corporation to maintain their US assets, handle legal affairs, etc. The most curious thing to me is that Crytek didn't bother with that.
 

Hybus

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I'm pissed at Crytek for forcing CIG to divert $2.2 mil from development to lawyers

that's a lot of Auroras
I know right, and even if that is not all legal fees, it's time wasted. Assume a million bucks for the lawyers, that's 1.2 million dollars worth of CIG time/expenses that should have been focused on giving us a much better Aurora experience.
 

NaffNaffBobFace

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I'm pissed at Crytek for forcing CIG to divert $2.2 mil from development to lawyers

that's a lot of Auroras
109,664.9 Aurora ES's to be exact.

Alone we are but a drop of rain, but together we form a mighty torrent!
 

Black Sunder

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An interesting possibility, we'd need to have a lawyers opinion but that might not fly in a court because it might be seen as a means to circumvent the court's ruling.
Why? Crytek going out of business would mean all those employees being laid off and CIG is always hiring.
 

NaffNaffBobFace

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Lets just crowd fund a couple of hundred million, buy them, own CryEngine, shut down the lawsuit and then gift it and the company as a whole to CIG with compliments of TEST.

I'm good to throw in $10.
 
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