Heartland Auction postponed???

[scooter729]

I wasn't bidding on anything in the auction, but just received this email. Between this and the email / password fiasco, not exactly a grand inaugural launch for this company.....

The close of tonight’s inaugural Heartland Sports Cards and Memorabilia auction has been postponed.
Earlier today we were targeted in a law suit by another memorabilia company, which we view to be malicious and unwarranted. Rather than continue with tonight’s scheduled closing, we are taking a reasonable and prudent approach and suspending the auction.
We appreciate your understanding in this matter and apologize for any inconvenience it may cause. As always, our first obligation is to our consignors and buyers, which makes this action necessary.
It is our plan to honor all current bids when the auction resumes, provided bidders consent at that time.
We will provide you with updates by e-mail as information becomes available or feel free to check our website.
Sincerely,
Bill Goodwin
President
Heartland Sports Cards and Memorabilia

[Aquarian Sports Cards]

deleted

[Snapolit1]

I was bidding something I really wanted and thought I'd wake up to an email saying I was outbidded. But instead this.

Suspect it was done at the advice of legal counsel .. . but you have to wait till nearly 11 pm to pull the plug? That seems very peculiar to me.

[111gecko]

Yea, really late in the game. I suspect he had to know it was happening/coming prior to the late notice. No one just files a suit like this.

If not, and it was filed this late affecting all bidders/consignors; it was done on purpose to hurt everyone involved. That would look really bad for the filing party. Be interesting to see who it is....

[Snapolit1]

Most courts in the US have prohibited new filings or limited them to essential matters. This would not be an essential matter.

If this case was filed weeks ago and a decision was made to let the auction proceed and end it at 11 pm after things were bid up . . . . well, not sure that would be cool. But I don't know that happened so will reserve judgment.

[pawpawdiv9]

Sports Collectors Daily has confirmed with an industry source that it was Beckett Media, the former owner of Goodwin’s old auction business, that filed the complaint.
https://www.sportscollectorsdaily.com/notes-card-shop-closed-2-weeks-after-opening-auction-adjustment-topps-on-demand-update/

[pokerplyr80]

I suppose Beckett suing them is the only thing that makes sense and could explain the timing of the decision to end the auction. All of the lawyers here can probably offer an explanation but it sounds like a dispute over a non compete agreement. I would have assumed that would have been resolved before he started a new AH though. Not a good look either way.

When is the last time we saw a new AH launch with a successful auction?

[Jobu]

Perhaps it is bc he took all of the Goodwin & Co bidder data that belongs to Beckett and then used it for his auction?

[Aquarian Sports Cards]

When is the last time we saw a new AH launch with a successful auction?

Hey, hey, hey, we weren't a new company but new to online in August of 2018 and I think a lot of guys here are very happy with us!

[steve B]

Perhaps it is bc he took all of the Goodwin & Co bidder data that belongs to Beckett and then used it for his auction?

It says they're the former owners. Can they still do anything about him using data from a company they don't own anymore?

[hcv123]

Perhaps it is bc he took all of the Goodwin & Co bidder data that belongs to Beckett and then used it for his auction?

That's exactly what I was thinking!

[Jobu]

Maybe that sentence is the author's incorrect assumption that Beckett's decision to close Goodwin means that they no longer own the company because it is closed when in fact they still own the name, the data, the records, etc. but just do not have the company in business?

I don't know any of the specifics - just throwing out a possible explanation. :)
It says they're the former owners. Can they still do anything about him using data from a company they don't own anymore?

[Leon]

+1. Not sure but that would make sense


Maybe that sentence is the author's incorrect assumption that Beckett's decision to close Goodwin means that they no longer own the company because it is closed when in fact they still own the name, the data, the records, etc. but just do not have the company in business?

I don't know any of the specifics - just throwing out a possible explanation. :)

[mantlefan]

Perhaps it is bc he took all of the Goodwin & Co bidder data that belongs to Beckett and then used it for his auction?

Goodwin sold his bidder list to Beckett a few years ago....then apparently used it for Heartland. That's a no-no.

But the timing of the TRO is flukey. The courts have been closed for non-essential matters for weeks so how did this pop up in the final hours of the auction??

[pokerplyr80]

Hey, hey, hey, we weren't a new company but new to online in August of 2018 and I think a lot of guys here are very happy with us!

That wasn't a shot at you at all, I just honestly couldn't remember the last one. PM me a link to your next auction if you don't mind and I will check it out.

I suppose a dispute over customer records makes sense too. But as has been noted does not explain the timing of the announcement to end this auction.

[Kenny Cole]

Goodwin sold his bidder list to Beckett a few years ago....then apparently used it for Heartland. That's a no-no.

But the timing of the TRO is flukey. The courts have been closed for non-essential matters for weeks so how did this pop up in the final hours of the auction??

You can still e-file most places and a TRO would very likely be deemed essential. I do wonder when it was served however.

[Aquarian Sports Cards]

Shoulda put a smiley face emoji after my "heys" it was more amusing than insulting.

Right now we're dealing with moving our normal live auctions online so it's not much in the way of pre-war, though last month we had a PSA 7 Clemente Rookie.

[nolemmings]

You can still e-file most places and a TRO would very likely be deemed essential. I do wonder when it was served however.

+1.

[Leon]

You can still e-file most places and a TRO would very likely be deemed essential. I do wonder when it was served however.

Can those be served virtually/electronically or do they have to be physically served?

[paul]

Leon, the complaint and the accompanying TRO would have to be hand served, but that type of thing is still happening.

[nolemmings]

It seems to me that Goodwin had ample notice that Beckett was seeking a TRO. You not only have to file (apply for) a TRO/injunction, but for it to be binding the Court has to approve and issue an actual order, usually after considering evidence, and that order has to be served to be effective.

Now a TRO can issue with or without notice, but the latter only occur when there is a true showing of exigency, unless you can show reasons why notice would be impractical or futile. So the application for TRO, if indeed that was filed, likely provided Heartland/Goodwin with notice and opportunity to be heard before the Court signed it. We all learned of the upcoming Heartland auction by March 20, about three weeks before auction end. Doubtless Beckett knew about it by then too. Assuming it took a little time to prepare the paperwork, it still seems that the court action would have been filed and Goodwin put on notice of what Beckett was asking to restrain/enjoin long before the final hours of the auction. The date/time when the court granted the application and signed an order could have come rather late, but there really should have been no eleventh hour surprise.

[Rhotchkiss]

For me, too many sketchy things with Goodwin/Heartland. As they say in Shark Tank, “I am out”.

There are plenty of other auction houses.

[BeanTown]

If the auction had completed, and Heartland found guilty in court... Wouldn't there be a multiplier for damages occured, along with all the profits earned?