has an update on the legal battle between Gearbox
Software and former Gearbox general counsel Wade Callender
it was learned that Callender was suing over contract violations,
alleging multiple improprieties from Randy Pitchford, saying the Gearbox co-founder
illicitly pocked a $12 million bonus and lost a thumb drive with sensitive
company documents as well as underage porn. Gearbox, in turn, sued Callender for
fraud and breach of fiduciary duty (this new report says Gearbox's lawsuit came
ten days after Callender's suit, as opposed to the
Kotaku report from January
saying the Gearbox lawsuit came a month before
the Callender suit). The Hollywood Reporter story says Callender's legal team is
requesting sanctions and accusing Gearbox of contempt for hiding documents:
February, Callender served Gearbox with a set of eight interrogatories, to which
the company in response issued a "one-page document" in March. In April,
Callender claimed a deficiency in Gearbox's response and requested the company
amend its response. A week later, after a lack of response from Gearbox,
Callender filed a motion to compel Gearbox to respond to the deficiency letter.
Gearbox then agreed to provide amended interrogatory responses by July 3, though
it later asked for a 30-day extension, pushing the deadline to Aug. 2.
When the Aug. 2 deadline arrived, Gearbox "provided their 4th amended responses"
and "produced certain documents," one of which was a text correspondence between
Pitchford and a "member of the press that he had podcast with" in which the two
discuss the USB drive.
"In response to 'Is the USB stick falling out or has the internet moved on
now?', Pitchford replied 'Internet is fine. All they care about is if my next
video game is good or not.' It comes as no surprise that GBX did not want to
disclose this very telling document," the filing claims.
In December, Pitchford discussed the USB drive on an episode of the Piff Pod
with host John van der Put, a comedian and fellow magician (Pitchford is a
well-known magician and frequently patrons Hollywood's Magic Castle). During the
conversation, Pitchford mentioned the USB contained "barely legal pornography."
On Monday, ahead of Callender's official filing on Tuesday, the Dallas County
Fifth Circuit Court of Appeals denied Gearbox's request for relief, in which the
company claimed the "trial court abused its discretion by overruling numerous
objections to requests for production of documents and compelling production of
certain documents." The appellate court stated that Gearbox "have not shown they
are entitled to the relief requested."
"It is obvious that [Gearbox] intends to continue its clear pattern of discovery
abuse for which it has already been sanctioned," Callender's Tuesday filing