Heartland Auction postponed???

[Kenny Cole]

Originally Posted by mantlefan

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.

[nolemmings]

Originally Posted by Kenny Cole

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]

Originally Posted by Kenny Cole

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?