Turbine v. Atari - Motion 1

[GoldyGopher]

Today (Oct 21) the Hon Judge Fried signed an order granting commission to Antony Curtis Elliott, CPA to serve as independent Third Party Auditor in the case.

https://iapps.courts.state.ny.us/fbem/DocumentDisplayServlet?documentId=hU2t/NCvOlDZcVNBraD3Sw==&system=prod

EDIT: Okay my bad, someone mis-explained the exact commission to me.

It appears that Anthony Curtis Elliot was the Royalty Auditor hired by Atari and the motion requires them to turn everything over to Turbine's Lawyers.

[Skye]

Good Luck Turbine. :)

[Ron]

Somebody help me out here. The way I read that document, it seems like they are simply instructing Mr. Elliott to turn over everything he has to Goodwin Procter within 30 days.

Does this mean he's actually doing an audit, or was he employed by Atari previously and the court just wants to see what he has?

[ArkoHighStar]

Agreed this looks like Atari hired Mr. Elliott to do the audit and Turbine want to see his documents, and all communication between Mr.Elliott and Atari vis a vis the Audit

[JakLee7]

Thx for the status update GG

[GoldyGopher]

Edit the original post.

[Zippo]

Agreed this looks like Atari hired Mr. Elliott to do the audit and Turbine want to see his documents, and all communication between Mr.Elliott and Atari vis a vis the Audit

Arko where's your partner in crime from the other threads that was doing a lot of the translation for us non-legalezed people?

I forgot whet his name was now. but he was doing a hell of a job translating the technical legal jargon.

[oberon131313]

Arko where's your partner in crime from the other threads that was doing a lot of the translation for us non-legalezed people?

I forgot whet his name was now. but he was doing a hell of a job translating the technical legal jargon.

Ulurjah

[Zippo]

Ulurjah

no that isn't who it was.

it was someone else all together


Edit: Kingofcheese that's who it was.

Edit 2: Great find again OP

[Ulurjah]

There's not much to translate in this one. It's very straightforward. The court is issuing a subpoena to Mr. Elliot for all materials relating to that audit, and all communication between he and Atari in regards to it. Basically since Atari is making these outlandish claims about up to $32,000,000 in profits they think they are owed royalties on, Turbine has asked the court to order all communication and documents be turned over.

Basically, they want to see (and the court to see) how Atari came up with those numbers.

Also, I believe Turbine has asked the court for an independent 3rd party auditor to be assigned to look at Turbine's books. That is one of the things that makes me think they are the stronger party here.

[ArkoHighStar]

no that isn't who it was.

it was someone else all together


Edit: Kingofcheese that's who it was.

Edit 2: Great find again OP

Goldy and KingOfCheese

[Zippo]

Goldy and KingOfCheese

Yeah but King was saying that he was an attorney (for what I don't recall) and if he isn't he was damned convincing.

[Ulurjah]

Ulurjah

Nope, I'm the non-lawyer who audited law classes and probably gets lots of things wrong. If my commentary was helpful at all, I'm glad though. The other gentleman who is actually an attorney said basically the same things I did much more succinctly.

[baddax]

Yeah but King was saying that he was an attorney (for what I don't recall) and if he isn't he was damned convincing.

I dont think he is, but i believe he plays one on TV :).

[Zippo]

I dont think he is, but i believe he plays one on TV :).

and I thought it was because he stayed in a Holiday Inn Express

[GoldyGopher]

It appears that the Company of Curtis Anthony Elliot CPA, a fairly well known International Royalty Expert, was hired by Atari to audit the records at Turbine, beginning in November 2008 (Noted in January, May, June, July and August 2009).

The completion of the Audit is the basis for Atari lawsuit (Atari v. Turbine).

According to the Atari's Complaint, the Auditor was denied access to Shared Infrastructure costs; thus allowing Turbine to hide $32 Million dollars in Revenue.

On the flip side Turbine has included comment and factual references in thier complaint (Turbine v. Atari) that the Auditor was basically inept. (See Paragraphs 10, 11, 49, 50, 52, 76 amongst others).

The Hon. Judge signed the order commissioning (subpoena) to Curtis Anthony Elliot CPA, to provide any and all documentation (both internal and external) in reference to ALL activity concering Turbine Inc.

The emphysis is mine on the word ALL because the order goes beyond the usual "specific" requirements usual made. This is an indication (my speculation) that Turbine and its lawyers feel that Auditor at Curtis Anthony Elliot was getting directions and requirements on how to do the audit, which is never a good sign for an "independent auditor". In other words they feel that Atari ordered/asked the auditor to find any error no matter how spurious and trump it up.