Giant Wins Judgment Against Former BikeE Investors

http://www.bicycleretailer.com/bicyc..._id=1000817555

Giant Wins Judgment Against Former BikeE Investors

FEBRUARY 25, 2005 -- EUGENE, OR (BRAIN)--A federal judge ordered two of
BikeE's former investors to pay Giant more than a quarter-million
dollars for bikes the Taiwanese manufacturer delivered to the
now-defunct recumbent bike company, which had not paid for them.

Federal magistrate judge Thomas Coffin ruled that John Acres, a major
investor in BikeE and its one-time president, and his partner Richard
Carone will have to pay Giant $254,610. Coffin also awarded Giant
attorney fees and ordered that "other appropriate assets of BikeE are
to be made available to Giant for purposes of satisfying its judgment
against BikeE for breach of contract."

Coffin focused his ruling on BikeE's July 18, 2002 sale of 627 CT model
bicycles to Bigha Manufacturing, a company Acres had founded in April
of that year, for $254,610. Giant had manufactured the bikes for BikeE,
had not been paid for them, and had a secured interest in them, all of
which the defendants knew, the judge ruled.

BikeE then used the sale proceeds to pay debts it owed Acres and
Carone, bypassing Giant.

The sale itself was not illegal, since Bigha paid BikeE, the judge
found. But "BikeE's sale of the CT bicycles to Bigha with the specific
purpose of transferring the proceeds to Acres and Carone, however, was
wholly inequitable and inappropriate," Coffin wrote.

Coffin had ruled in July that BikeE owed Giant more than $370,000, plus
interest and attorney fees. BikeE ceased operating in 2002, however,
and was unable to pay the judgment, so Giant pursued Acres, Carone and
Bigha for payment. Whether BikeE has any remaining assets that will
close the nearly $125,000 gap between the judge's award this week and
the total owed remains to be seen.

Zach wrote:

http://www.bicycleretailer.com/bicyc..._id=1000817555

Giant Wins Judgment Against Former BikeE Investors

FEBRUARY 25, 2005 -- EUGENE, OR (BRAIN)--A federal judge ordered two of
BikeE's former investors to pay Giant more than a quarter-million
dollars for bikes the Taiwanese manufacturer delivered to the
now-defunct recumbent bike company, which had not paid for them.

Federal magistrate judge Thomas Coffin ruled that John Acres, a major
investor in BikeE and its one-time president, and his partner Richard
Carone will have to pay Giant $254,610. Coffin also awarded Giant
attorney fees and ordered that "other appropriate assets of BikeE are
to be made available to Giant for purposes of satisfying its judgment
against BikeE for breach of contract."

Coffin focused his ruling on BikeE's July 18, 2002 sale of 627 CT model
bicycles to Bigha Manufacturing, a company Acres had founded in April
of that year, for $254,610. Giant had manufactured the bikes for BikeE,
had not been paid for them, and had a secured interest in them, all of
which the defendants knew, the judge ruled.

BikeE then used the sale proceeds to pay debts it owed Acres and
Carone, bypassing Giant.

The sale itself was not illegal, since Bigha paid BikeE, the judge
found. But "BikeE's sale of the CT bicycles to Bigha with the specific
purpose of transferring the proceeds to Acres and Carone, however, was
wholly inequitable and inappropriate," Coffin wrote.

Coffin had ruled in July that BikeE owed Giant more than $370,000, plus
interest and attorney fees. BikeE ceased operating in 2002, however,
and was unable to pay the judgment, so Giant pursued Acres, Carone and
Bigha for payment. Whether BikeE has any remaining assets that will
close the nearly $125,000 gap between the judge's award this week and
the total owed remains to be seen.

Now we know why the price of a BigHa went up so much.

Is that the sound of a champagne bottle being opened at the Lorenzo L.
Love residence?

--
Tom Sherman – Earth

WOW

"Zach" wrote in message
ups.com...
http://www.bicycleretailer.com/bicyc..._id=1000817555

Giant Wins Judgment Against Former BikeE Investors

FEBRUARY 25, 2005 -- EUGENE, OR (BRAIN)--A federal judge ordered two of
BikeE's former investors to pay Giant more than a quarter-million
dollars for bikes the Taiwanese manufacturer delivered to the
now-defunct recumbent bike company, which had not paid for them.

Federal magistrate judge Thomas Coffin ruled that John Acres, a major
investor in BikeE and its one-time president, and his partner Richard
Carone will have to pay Giant $254,610. Coffin also awarded Giant
attorney fees and ordered that "other appropriate assets of BikeE are
to be made available to Giant for purposes of satisfying its judgment
against BikeE for breach of contract."

Coffin focused his ruling on BikeE's July 18, 2002 sale of 627 CT model
bicycles to Bigha Manufacturing, a company Acres had founded in April
of that year, for $254,610. Giant had manufactured the bikes for BikeE,
had not been paid for them, and had a secured interest in them, all of
which the defendants knew, the judge ruled.

BikeE then used the sale proceeds to pay debts it owed Acres and
Carone, bypassing Giant.

The sale itself was not illegal, since Bigha paid BikeE, the judge
found. But "BikeE's sale of the CT bicycles to Bigha with the specific
purpose of transferring the proceeds to Acres and Carone, however, was
wholly inequitable and inappropriate," Coffin wrote.

Coffin had ruled in July that BikeE owed Giant more than $370,000, plus
interest and attorney fees. BikeE ceased operating in 2002, however,
and was unable to pay the judgment, so Giant pursued Acres, Carone and
Bigha for payment. Whether BikeE has any remaining assets that will
close the nearly $125,000 gap between the judge's award this week and
the total owed remains to be seen.

BikeE's July 18, 2002 sale of 627 CT model bicycles to Bigha
Manufacturing, a company Acres had founded in April of that
year, for $254,610.

$254,610/627 = $406 each, not much less than the usual $500 to $600
retail price. I wonder whether Bigha intended to make any profit from
this purchase, or if it was for the purpose of money-laundering.

--
"Bicycling is a healthy and manly pursuit with much
to recommend it, and, unlike other foolish crazes,
it has not died out." -- The Daily Telegraph (1877)

According to a poster named "intheknow" on BROL:

"Actually, the information regarding the judgement in that article is
false. Carone and Acres are not required to pay Giant's attorney's
fees. While Giant did get a judgement for $250,000, they were
originally suing for $371,000 plus 41% interest + attorney's fees.
Their lowest settlement offer was over $400,000.

Giant ended up paying over $400,000 in attorney's fees in this matter,
so even if they collect the $250,000 judgement it's been a losing cause
for them.

BikeE is proceeding with its claim that it was "murdered" by BikeE.
Surely, this case will require even more expenses on the part of Giant
and I have heard that Carone and Acres believe strongly in this case
and are not interested in using it as a bargaining chip against the
current judgement."

Trials such as these are filled with complicated claims, and
counterclaims. It appears as though the judge just split it down the
middle. Oftentimes opposing sides in litigation will try to make the
other bleed. It sounds like Acres is inflicting wounds upon Giant,
although they've hurt him to the tune of a quarter million as well. I
guess it ain't over yet.

Yikes! I was going to make some gag about a giant having ridden Tom's high
altitude training bike with unfortunate consequences:

http://www.cyclingnews.com/news.php?...ling-tandem-61

but these are serious shenanigans. I guess it wasn't exactly the "people's
recumbent company" after all, huh?

Good for Giant.


"Zach" wrote in message
ups.com...
http://www.bicycleretailer.com/bicyc..._id=1000817555

Giant Wins Judgment Against Former BikeE Investors

FEBRUARY 25, 2005 -- EUGENE, OR (BRAIN)--A federal judge ordered two of
BikeE's former investors to pay Giant more than a quarter-million
dollars for bikes the Taiwanese manufacturer delivered to the
now-defunct recumbent bike company, which had not paid for them.

Federal magistrate judge Thomas Coffin ruled that John Acres, a major
investor in BikeE and its one-time president, and his partner Richard
Carone will have to pay Giant $254,610. Coffin also awarded Giant
attorney fees and ordered that "other appropriate assets of BikeE are
to be made available to Giant for purposes of satisfying its judgment
against BikeE for breach of contract."

Coffin focused his ruling on BikeE's July 18, 2002 sale of 627 CT model
bicycles to Bigha Manufacturing, a company Acres had founded in April
of that year, for $254,610. Giant had manufactured the bikes for BikeE,
had not been paid for them, and had a secured interest in them, all of
which the defendants knew, the judge ruled.

BikeE then used the sale proceeds to pay debts it owed Acres and
Carone, bypassing Giant.

The sale itself was not illegal, since Bigha paid BikeE, the judge
found. But "BikeE's sale of the CT bicycles to Bigha with the specific
purpose of transferring the proceeds to Acres and Carone, however, was
wholly inequitable and inappropriate," Coffin wrote.

Coffin had ruled in July that BikeE owed Giant more than $370,000, plus
interest and attorney fees. BikeE ceased operating in 2002, however,
and was unable to pay the judgment, so Giant pursued Acres, Carone and
Bigha for payment. Whether BikeE has any remaining assets that will
close the nearly $125,000 gap between the judge's award this week and
the total owed remains to be seen.

wrote in message
ups.com...
According to a poster named "intheknow" on BROL:

"Actually, the information regarding the judgement in that article is
false. Carone and Acres are not required to pay Giant's attorney's
fees. While Giant did get a judgement for $250,000, they were
originally suing for $371,000 plus 41% interest + attorney's fees.
Their lowest settlement offer was over $400,000.

Giant ended up paying over $400,000 in attorney's fees in this matter,
so even if they collect the $250,000 judgement it's been a losing cause
for them.

Thanks for the correction. Strictly speaking, though, if Carone et al's
fees where anything like Giant's they're further behind. It's the lawyers
who are making out.


BikeE is proceeding with its claim that it was "murdered" by BikeE.

I'm afraid I don't understand. Is this some sort of typo?

Surely, this case will require even more expenses on the part of Giant
and I have heard that Carone and Acres believe strongly in this case
and are not interested in using it as a bargaining chip against the
current judgement."

Trials such as these are filled with complicated claims, and
counterclaims. It appears as though the judge just split it down the
middle. Oftentimes opposing sides in litigation will try to make the
other bleed. It sounds like Acres is inflicting wounds upon Giant,
although they've hurt him to the tune of a quarter million as well. I
guess it ain't over yet.

Nobody really wins those lawsuits, the judgment usually doesn't cover the
lawyer expenses much less the money involved in the product sale they were
trying to recover.

"Freewheeling" wrote in message
news:KH2Vd.52952$EL5.40791@trnddc05...
Yikes! I was going to make some gag about a giant having ridden Tom's
high
altitude training bike with unfortunate consequences:


http://www.cyclingnews.com/news.php?...ling-tandem-61

but these are serious shenanigans. I guess it wasn't exactly the
"people's
recumbent company" after all, huh?

Good for Giant.


"Zach" wrote in message
ups.com...

http://www.bicycleretailer.com/bicyc..._id=1000817555

Giant Wins Judgment Against Former BikeE Investors

FEBRUARY 25, 2005 -- EUGENE, OR (BRAIN)--A federal judge ordered two of
BikeE's former investors to pay Giant more than a quarter-million
dollars for bikes the Taiwanese manufacturer delivered to the
now-defunct recumbent bike company, which had not paid for them.

Federal magistrate judge Thomas Coffin ruled that John Acres, a major
investor in BikeE and its one-time president, and his partner Richard
Carone will have to pay Giant $254,610. Coffin also awarded Giant
attorney fees and ordered that "other appropriate assets of BikeE are
to be made available to Giant for purposes of satisfying its judgment
against BikeE for breach of contract."

Coffin focused his ruling on BikeE's July 18, 2002 sale of 627 CT model
bicycles to Bigha Manufacturing, a company Acres had founded in April
of that year, for $254,610. Giant had manufactured the bikes for BikeE,
had not been paid for them, and had a secured interest in them, all of
which the defendants knew, the judge ruled.

BikeE then used the sale proceeds to pay debts it owed Acres and
Carone, bypassing Giant.

The sale itself was not illegal, since Bigha paid BikeE, the judge
found. But "BikeE's sale of the CT bicycles to Bigha with the specific
purpose of transferring the proceeds to Acres and Carone, however, was
wholly inequitable and inappropriate," Coffin wrote.

Coffin had ruled in July that BikeE owed Giant more than $370,000, plus
interest and attorney fees. BikeE ceased operating in 2002, however,
and was unable to pay the judgment, so Giant pursued Acres, Carone and
Bigha for payment. Whether BikeE has any remaining assets that will
close the nearly $125,000 gap between the judge's award this week and
the total owed remains to be seen.

writes:

Giant ended up paying over $400,000 in attorney's fees in this matter,
so even if they collect the $250,000 judgement it's been a losing
cause for them.

I guess they are sending a message to other companies: we will chase you
so do not screw with us !

--
Simon Kellett, Darmstadt, Germany | http://home.arcor.de/zoxed
Hase Kettwiesel trike | ex-Pashley PDQ SWB
Flux V220 CLWB | Zox20 Lowracer