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  • Scott Poynter

Thunder on the Mountain Update


Unfortunately, in the nationwide federal class action brought to provide damages to all of those that purchased tickets, parking passes, camping passes, and vendor booths, Judge Kristine Baker ordered a stay in the case earlier this week.

Due to this order, nothing may occur until after the venture capitalist defendants' appeal of the denial of their motion to force arbitration in the state court case is concluded. That appeal could take a year to resolve.

We fought this stay issue hard, and thought we were progressing the case forward toward at least getting a money damages judgment against Defendants Brett Mosiman, and his companies Pipeline Productions and Backwoods Enterprises. These defendants never responded to the complaint and default judgments have been entered against them. But the stay by Judge Baker puts off our ability to subpoena records from the online ticketing companies to get the necessary purchase information to determine overall damages.

In state court, the venture capitalist firm defendants (Madison and Horsepower) have moved again to dismiss the state action brought on behalf of Arkansas online ticket purchasers. That motion is to be heard on July 13th, and Judge Gray will also address the issue of their refusal to engage in the discovery process in the state action.

Of course, these defendants have moved the Arkansas Court of Appeals to stay all of the proceedings before Judge Gray while their appeal is pending. The Court of Appeals should decide their stay motion on July 20th.

In Kansas federal court, Brett Mosiman's and Pipeline Productions' case against Madison and Horsepower is moving forward. In April, the federal judge there denied the venture capitalist defendants' motions to stay while they appealed an adverse decision issue against them in federal court in Delaware.


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