Originally posted by yellowperil

I am no legal expert, but what does that actually mean ?

I'm guessing the McNells know that CME has a little money atm and they want their debt repaid - NOW. The protective order could be anything.   In a nutshell, it will force Gary to do something or nothing, depending on what the McNells are seeking. As with emergency orders, they are asking to forego the normal notices, etc. and get down to business in front of a judge ASAP.

As to the long list of other suits, it appears CME partially lost the suit regarding the building they never finished. Expect to see additional motions/filings that ask for a dollar amount. 

The poor employees left at CME are racing against time & lawsuits to finish Stargate Battles to get it on Gary's MMOGULS site, so he can make money for months to come pimping MMOGULS in foreign countries.

They are too nice to Gary, even though they will most likely be jobless afterwards. When Nedra’s and the rest of the suits hit, the poor doctors money will go there instead of the few developer’s pockets.
 

Originally posted by Kyriesunset

...

In other news, I heard they are working hard (some harder than others) on Stargate Battles. All Battles devs (including the guy they nabbed from the renaissance fair who's never held a game job before and was recently promoted to designer!) are herded in one room at what is left of the Stargate Worlds development area.     They still only have 1 programmer type, 3 artists and one animator. Design has more bodies. QA out numbers programming! Lol

...

I do know good games can be made by a small team or by one person even in today's gaming market. 

Yes, there is a "But" coming...

But, given the situation of low to no pay, time constraints, limited budget and then to deliver a game with the Stargate Title, I do not have much confidence.  An existing game engine I assume is being used (I do not know which one for this Battles title, using Unreal?).  I would not be surprised if the Unity engine is to be used.  It does allow for quick and easy game development, but lacks secured networking capabilities (ie: easy to exploit) as of this time.

Since it can reasonably be assumed that:

Stargate Worlds will probably not launch.  If it *does* launch, it won't be a very good game.
No one here is invested in this financially, only personally.
Anyone that has had any sort of interest in this game is aware of the surrounding issues.

I am curious as to the absolute obsession some of you have in this.  I mean, really, why?  An MMO that was filled pie in the sky promises and hopes and dreams doesn't launch (or launches in a ball of flame).  News at 11.  But some of you are carrying on like Whiting/CME/whomever came to your house, slapped your wife, and called your kids ugly.  None of this vitriol is going to matter one bit if SGW launches, the state that it launches in (IF it launches), or anything else.

So.  Humor me. 

Why so serious?

You have made an assumption about nobody in these parts being vested financially. I also am acquainted with some who have invested in this game and developers that have gone endless months without pay.  If Whiting was on the up, there would not be anything to talk about.

The attention these days are on the endless lawsuits. Depending on how they hit, it could kill CME & SGW/SGB quicker than how long it will take to download a pirated version of Stargate Battles. I am curious how much the current investors (doctors) knew about all these suits. Nobody could be that stupid to contribute, could they?
 

Originally posted by Nuke1125

Since it can reasonably be assumed that:

Stargate Worlds will probably not launch.  If it *does* launch, it won't be a very good game.
No one here is invested in this financially, only personally.
Anyone that has had any sort of interest in this game is aware of the surrounding issues.

I am curious as to the absolute obsession some of you have in this.  I mean, really, why?  An MMO that was filled pie in the sky promises and hopes and dreams doesn't launch (or launches in a ball of flame).  News at 11.  But some of you are carrying on like Whiting/CME/whomever came to your house, slapped your wife, and called your kids ugly.  None of this vitriol is going to matter one bit if SGW launches, the state that it launches in (IF it launches), or anything else.

So.  Humor me. 

Why so serious?

Alot of people aren't thrilled at the thought of being sold a pyramid scheme in game either. Gold sellers are bad enough but Gary is setting it up so that his Pyramid schemers can play the game and recruit/harras gamers into the scam. If he got away with this imagine the misery it would spread throughout the online gaming world. John Smedley would do it in a heartbeat if he saw someone else getting away with it!

IT IS ORDERED staying these proceedings until September 14, 2009.

IT IS ORDERED that counsel shall simultaneously file legal memorandum regarding whether a Temporary Restraining Order, preliminary injunction, and/or an order appointing a receiver is subject to full faith and credit by September 8, 2009. Counsel shall hand-deliver or fax to opposing counsel and the Court said memorandum. Counsel shall simultaneously file responses with a copy hand-delivered or faxed to opposing counsel and the Court by September 11, 2009.

So it seems it's being arranged for a telephonic court? Not certain how this works but does each side plead their case via telephone and the judge questions and makes a decisions as in a normal court? According to those papers they aren't going to extend this case past that hearing, but I bet Gary will try his best!

Hmm, it sounds like the McKells got CME (and CMG/MMOGULS/Now/Garvick?) placed into receivership by a Utah court? Wow.

Of course, the question is getting it enforced in AZ (and NV?) The outcome of the next hearing could go either their way, or the court could stay it longer, forcing them to essentially re-argue the case. However, in that case I would think that the advantage is with them, as CME would have to prove that a legal order of another court must be vacated.

And I wonder what the effect is on the new investment? Is the totality of those funds legally CME's assets, though controlled by the investors? A receiver would trump that control.

You are dead wrong Agricola, Guenther requested that anyone who invested MORE than $25,000 with CME and/or MMOGULS contact him.. I talked to him and he said the reason was he needed sizeable claims for the Bankruptcy filing..

Also, the reason the MMORPG staff banned him was because they felt he was slandering the Mormon faith..  So he was banned for 120 days, all of which in my opinion is BS.

I feel he hit a cord with the MMORPG staff  when he mentioned the potential investors. All one needs to do is talk to a few people in Dallas ,like I have, and you will find out what he is capable of  doing if they decide to move on CME..  You know if the game were ever finished it would put a big dent in the WOW membership..

Originally posted by kadevolpi

Also, the reason the MMORPG staff banned him was because they felt he was slandering the Mormon faith..  So he was banned for 120 days, all of which in my opinion is BS.

Gary Whiting and most of the CME staff do a fine job of doing what you mentioned all themselves (skirts around the ban stick).   

Thanks for sticking your neck out to give us an update.   

Originally posted by kadevolpi

You know if the game were ever finished it would put a big dent in the WOW membership..

no.

Originally posted by kadevolpi  You know if the game were ever finished it would put a big dent in the WOW membership..

IF it releases, It MIGHT  be a profitable niche MMO,  but don't delude yourself.

Originally posted by kadevolpi

You know if the game were ever finished it would put a big dent in the WOW membership..

LOL. No single game will make a big dent in WOW.

Just something I saw on the court proceedings, dated 9/8:

"NOTE: DEFENDANT WHITING’S LEGAL MEMORANDA RE: (1) TRO; (2) RECEIVER AND (3) FRAUD AS IT RELATES TO FULL FAITH AND CREDIT"

Originally posted by Zhiroc

Just something I saw on the court proceedings, dated 9/8:

"NOTE: DEFENDANT WHITING’S LEGAL MEMORANDA RE: (1) TRO; (2) RECEIVER AND (3) FRAUD AS IT RELATES TO FULL FAITH AND CREDIT"

Full Faith & Credit: Allows judgments between different courts/state/jurisdictions. “full faith and credit clause of the United States Constitution requires that a final judgment entered in a sister state must be respected by the courts” of another state. “

From what is posted, Gary Whiting’s defense does not want to allow what Utah has already given Nedra because of a FRAUD. This can be many things, but simply it can mean 1) extrinsic fraud if it was produced by outright fraudulent tactics (such as bribery of judicial officers which is doubtful) or 2) Gary is accusing Nedra of producing fraudulent documents or lies (perjury) to which she won her case in Utah allowing the order originally entered (Oh, Mr. fraud accusing others of fraud! How exciting!)

TRO = Temporary Restraining Order which among other things, freezes the defendant’s assets, requires preservation of documents, etc. and is in preparation for a RO (receivership order) which actually grants a plaintiff to take control of said assets. If this goes through, she'll have control of whatever investor money is in an account when granted!
 
Any way your slice it, this case is serious to the future of CME and all it's half-started games.

No update on what happened in Court today, but it is true. CME is fighting for its life and has been since mid July 2009 when the court proceedings started in Utah. They are indeed looking to oust Whiting from all his companies.

While I don’t have all the court documents copied (Whiting's filing is one big whine fest), you can find a good splattering here: http://www.scribd.com/doc/19743774/CME0001

• Nedra Rodney Mckell contributed over 2.5 million into “the deal” which included stock in CME in addition to guaranteed profits from MMOGULS and SGW.
• CME partnered with MMOGULS to provide MMOGULS with video game content
• MMOGULS was designed to be the company through which CME would market SGW and make it available to the public.
• SGW was/is essential to the viability and stability of MMOGULS as a company
• MMOGULS brought in nearly 1,000,000 in it’s first month.
• Gary had no non-compete or non-disclosure agreements in place to protect him when Brent Barton left with other key MMOGULS personnel
• Jeff Knowles was to receive 20% of the credit card processing but somehow wanted 50%. Jeff Knowles then was keeping 100% of the processed funds.
• Mr. Whiting states in his filings that there is no proof that he took 5M from CME and invested it in UTAH real estate
• Mr. Whiting also states there is no proof he ever took MMOGULS funds for personal use

I was thinking... OK, let's say Nedra wins their lawsuit. Then what?

Would she be looking to liquidate and get out what she can, or finish the game? And if the latter, that means with MMOGULs as part of it, right? She's not some white knight rescuing SGW from the jaws of an MLM... she's into that full bore.

What of the "new investors" and MGM who want no part of an MLM?

I'm not saying I'd rather have GW, but just thinking ahead.

What a mess.

In digesting the pleadings, I am enjoying how Gary Whiting likes to twist things into his favor. First, Whiting makes it seem like Brent Barton stole the business plan and key employees, and there after Whiting had to then deal with Jeff Knowles trying to steal his MMOGULS money too.

When in reality, Gary first removed unauthorized money from MMOGULS causing the waterfall effect of Brent bolting and Jeff Knowles withholding funds due to the large amount of chargeback’s they were expecting.   Isn’t that a form of perjury? Of course, he could always say he got his dates confused I suppose.

Mr. Whiting states “I had to borrow money to pay for operational costs during February and March” Yeah, you borrowed it from Nedra & Jeff Knowles!   Again, what caused the house of cards to fall?   After everything fell apart, he didnt borrow anything until the Doctors came to his rescue.  

I will upload more of the documents tomorrow. The affidavit from Nedra and the details around the deal are worth it.
 

Originally posted by Zhiroc

I was thinking... OK, let's say Nedra wins their lawsuit. Then what?

Would she be looking to liquidate and get out what she can, or finish the game? And if the latter, that means with MMOGULs as part of it, right? She's not some white knight rescuing SGW from the jaws of an MLM... she's into that full bore.

What of the "new investors" and MGM who want no part of an MLM?

I'm not saying I'd rather have GW, but just thinking ahead.

What a mess.

 

Yeah, we have no idea what Nedra's true intentions are. I could only hope it is to finish Stargate Worlds (and not battle deadlands or whatever).   I can understand their frustration in that they had this whole deal all set up as a win (coming in and rescuing Gary from non-payroll #1), and because of Gary’s inability to keep his hands out of the cookie jar, it completely fell apart.

If she wants to finish it, GREAT, but at this point I'd be happy if her intention would be to sell SGW as part of any possible liquidation.

At this point any game company would do better.