The document discusses a dispute regarding Billy Mitchell's Donkey Kong score record. Jace Hall, representing Twin Galaxies, responds to Mitchell's lawyer James Gibbons about reopening the dispute case to consider new evidence from Mitchell. Hall points out several factual inaccuracies and misrepresentations in Gibbons' previous letter. Hall asserts that Twin Galaxies followed proper dispute procedures, did their own investigation, and did not make any defamatory statements against Mitchell. Hall provides links to the original dispute documents and ruling for Gibbons to review.
The document discusses a dispute regarding Billy Mitchell's Donkey Kong score record. Jace Hall, representing Twin Galaxies, responds to Mitchell's lawyer James Gibbons about reopening the dispute case to consider new evidence from Mitchell. Hall points out several factual inaccuracies and misrepresentations in Gibbons' previous letter. Hall asserts that Twin Galaxies followed proper dispute procedures, did their own investigation, and did not make any defamatory statements against Mitchell. Hall provides links to the original dispute documents and ruling for Gibbons to review.
The document discusses a dispute regarding Billy Mitchell's Donkey Kong score record. Jace Hall, representing Twin Galaxies, responds to Mitchell's lawyer James Gibbons about reopening the dispute case to consider new evidence from Mitchell. Hall points out several factual inaccuracies and misrepresentations in Gibbons' previous letter. Hall asserts that Twin Galaxies followed proper dispute procedures, did their own investigation, and did not make any defamatory statements against Mitchell. Hall provides links to the original dispute documents and ruling for Gibbons to review.
To: James Gibbons , Craig Glenday , Elizabeth Montoya Cc: "[email protected]" <[email protected]>, Billy Mitchell, Martha Alfaro, David Tashroudian Subject: Re: Billy Mitchell -‐-‐ Demand for Retraction
Thank you.
As you probably know, Twin Galaxies has a procedure for handling disputes and that procedure needs to be followed for consistency.
Now that Mr. Mitchell has finally decided to provide evidence for consideration, I will now need to re-‐ open the dispute case and place that evidence into the body of the dispute for consideration. As you know, all records and adjudications must be handled transparently and publicly and of course this can be no exception.
If your assertion is that the material there will trigger a different view of the facts, I’m sure that is what the result will be and there will be clarity.
Lastly, it is patently false that I ever denied anyone the opportunity to provide evidence to this or any dispute. Everyone is always directed to the dispute thread to place whatever they want considered.
Thank you again.
From: James Gibbons Date: Monday, September 9, 2019 at 4:25 PM To: Jace Hall; Craig Glenday, Elizabeth Montoya Cc: "[email protected]" <[email protected]>, Billy Mitchell, Martha Alfaro, David Tashroudian Subject: RE: Billy Mitchell -‐-‐ Demand for Retraction
Thank you, Jace, and I will certainly review your points closely, as I know you and your counsel will look closely at the evidence package we provided. I believe the material there will trigger a different view of the facts, although that is of course up to you and your counsel. I look forward to the response from your counsel.
Jim James E. Gibbons
MANNING & KASS
ELLROD, RAMIREZ, TRESTER LLP
801 S. Figueroa St, 15th Floor Los Angeles, California 90017 Tel: REDACTED | Fax: REDACTED | Direct: REDACTED Email: REDACTED | Website: www.manningllp.com Los Angeles | Irvine | San Diego | San Francisco | Phoenix | New York | Dallas
From: Jace Hall Sent: Monday, September 9, 2019 4:20 PM To: James Gibbons Craig Glenday Elizabeth Montoya Cc: [email protected]; Bill Mitchell/ Rickeys ; Martha Alfaro ; David Tashroudian Subject: Re: Billy Mitchell -‐-‐ Demand for Retraction
Hello James.
I have received your email and provided it to our legal team to review. You will receive a formal response soon but after reading your letter and rapidly discovering a number of obvious factual errors and misrepresentations I thought I might mention a few very quickly for your consideration as we move down this road:
1. Twin Galaxies has never made any defamatory statements against Mr. Mitchell.
2. On 08-‐29-‐2017, a dispute claim thread regarding a Donkey Kong score was filed by Jeremey Young and a near 8 month long highly detailed, transparent and public investigation took place in regard to the examining the validity of assertions that Jeremey Young was making regarding the score.
Only evidence that was presented in that thread was considered in the evaluation process, and that process was open to anyone who wanted to provide relevant evidence to that dispute thread (either directly or thru proxy) – including your client, Mr. Mitchell.
Mr. Mitchell as well as Walter Day were offered the option (but no obligation) to provide any information they felt relevant on numerous occasions and this is well documented. There was and is no “double standard” as proposed by your letter, and no evidence was ever disallowed from the dispute thread. Any “eyewitness testimony” or anything else that people wanted to place into consideration for the dispute was invited and allowed.
Furthermore, we have a complete public record of that dispute thread and no presented evidence was ever edited, deleted, or manipulated in any way regardless of who provided it. This dispute claim was and remains available for all to see. You may want to study it further, as it will help provide you clarity around some of the other errors and misrepresentations your letter contains: https://www.twingalaxies.com/showthread.php/176004-‐Dispute-‐Jeremy-‐Young-‐ Arcade-‐Donkey-‐Kong-‐Points-‐Hammer-‐Allowed-‐Player-‐Billy-‐L-‐Mitchell-‐Score-‐1-‐062-‐ 800?p=916769&viewfull=1#post916769
3. Twin Galaxies absolutely did not select any 3rd party investigator for this matter. Twin Galaxies did it’s own direct investigation with its own original Donkey Kong hardware and technicians. There were no 3rd parties involved with TG’s internal investigation. However, several external 3rd parties decided to do their own investigation based on the facts presented in the dispute claim so they could come to their own determinations and evidence. In fact, I became informed that Mr. Mitchell himself had formed his own 3rd party investigative group with a seasoned technologist named Carlos Pineiro to oversee the effort and provide evidence to the dispute claim thread, which he did (again this is well-‐documented.) None of the 3rd party activity was created or paid for by Twin Galaxies. These facts, and many others are completely documented in the dispute thread, which I again suggest you examine further.
4. Based on your letter, it would appear that you may have not specifically read the Twin Galaxies ruling on the overall matter. Here is a link to it along with a specific excerpt that once again illustrates that not only has Twin Galaxies not made any claim against Mr. Mitchell (the claim was made by Jeremey Young against Mr. Mitchells’ score) but it specifically and definitively points out that it does not discuss or evaluate people:
https://www.twingalaxies.com/showthread.php/176004-‐Dispute-‐Jeremy-‐Young-‐Arcade-‐ Donkey-‐Kong-‐Points-‐Hammer-‐Allowed-‐Player-‐Billy-‐L-‐Mitchell-‐Score-‐1-‐062-‐ 800?p=964048&viewfull=1#post964048 “ • Twin Galaxies has endeavored to provide a fair opportunity and reasonable amount of time for all sides and interests to present their thoughts and evidence as it has evaluated this dispute claim. • Twin Galaxies has also investigated this matter as comprehensively as reasonably possible to make sure that its findings are as informed as possible. • Throughout every step of this investigation, Billy Mitchell had the opportunity to answer questions and contribute to the public dispute thread. However, he was under no obligation to participate in this dispute thread and as such he chose not to do so. • Twin Galaxies is only looking at the dispute claim assertions about score performances and either validating or refuting those claims specifically -‐ it is not evaluating people. “ 5. Mr. Mitchell is not the only person that Twin Galaxies has been obligated to ban and remove all records for. The policy that Mr. Mitchell’s score removal fell under is not new, nor was he the first one to undergo the process. There is no special or bias treatment of Mr. Mitchell from a Twin Galaxies policy action standpoint. Any assertion to the contrary is patently false.
Again, I thought I would just point out some of the more obvious errors and misrepresentations in your letter that literally anyone in the public will be able to find. There is far more documented detail that we can most assuredly get into if that becomes necessary.
Lastly, I’ve taken a moment to glance through the “evidence package” that you have provided, and I can tell you that there are a lot of serious and easily provable misrepresentations being made there. I hope your pursuit of this matter is not relying on what is contained within that document.
Our legal will be in touch.
-‐TG
From: James Gibbons Date: Monday, September 9, 2019 at 2:04 PM To: Craig Glenday , Elizabeth Montoya Jace Hall Cc: "[email protected]" <[email protected]>, Billy Mitchell Martha Alfaro Subject: Billy Mitchell -‐-‐ Demand for Retraction
Dear Sirs and Madam,
Please see the attached letters.
Regards,
James E. Gibbons
MANNING & KASS
ELLROD, RAMIREZ, TRESTER LLP
801 S. Figueroa St, 15th Floor Los Angeles, California 90017 Tel: REDACTED | Fax: REDACTED | Direct: REDACTED Email: REDACTED | Website: www.manningllp.com Los Angeles | Irvine | San Diego | San Francisco | Phoenix | New York | Dallas
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