Please be patient as we work to get the rest of the filings such as the final judgement and undisputed facts for trial. When these filings are obtained they will be posted with a summary.
All publicly available filings are in this dropbox link.
The case between Jerry Hoffmann (Diyautotune) and Scott Clark (Realtuners) has taken many interesting turns over the past two years including: a prohibition from talking about the case or each other, 12 motions for sanctions, two incarcerations due to contempt of court, a discovery dispute, Clarks answer and counterclaim (his ability to countersue) being struck from the record due to sanction, the judge requesting Clark attend a mental health evaluation, and his unsuccessful motion for recusal (requesting a new judge). Hoffmann/Diyautotune has won an $11,000,000 plus court costs judgement against Clark/Realtuners. After the Judgement Clark has asked for a retrial and the judgement to be set aside. Clarks lawyer has since withdrawn counsel.
Plaintiff Jerry Hoffmann DBA Diyautotune is represented by Mark Robert Livingston and Seth Katz
Defendant Scott Clark DBA Realtuners is represented by Micheal John Winter who has withdrawn counsel, Clark will now self represent for the second time.
A show cause hearing is for contempt of court. It is possible Clark is looking at a jail sentence.
Both parties have made post trial filings. The first by Clark is a motion requesting the judge put in her own judgement overriding the jury's decision. The second filing is a request for a retrial in the same court case (which is different than an appeal which is after the case is finished). A request for remittitur is when the defense believes the jury made an error in their verdict and the judge should reduce the punitive amounts.
Third filing is an affidavit from Hoffmann's attorney, likely the amounts incurred by Hoffmann in bringing up the motions for sanctions. If Clark is found guilty of the motion, he owes Hoffmann those fees.
Fourth motion is a supplement to the plaintiffs previous motion for sanction. It's possible Clark is looking at more jail time.
The judge has made several filings today, submitting proposed exhibits to the record:
The first day of the civil trial by jury is in the books.
The judge has made a few filings regarding exhibits. There's also a filing about jury selection. We no longer have access to filings as all future filings are to be filed at level 3 which means only the judge and lawyers have access. If anyone is attending the trial you can send us an email
On another note today was the busiest day on record for unique visits. Thank you so much for interest in unbiased reporting on the case. Although many have offered, we cannot accept donations due to legal reasons. However the domain, website, and Facebook group are for sale for the sum of $5,000.
The trial should be open to the public, the Pottawattamie County Courthouse is located at 227 S 6th St, Council Bluffs, Ia
Here is Jerry Hoffmann's original Complaint which started the lawsuit
Scott Clark's Answer to the complaint and Counterclaim which is his defense and countersuit
Jerry Hoffmann's response to the counterclaim.
It is very important to note that Clarks Answer and Counterclaim have been stricken due to sanction:
"Defendants' answer and counterclaim are stricken. The case will proceed to trial as to the amount of Plaintiffs' damages and the equitable relief sought" (August 31 2018 ruling, page 20, item 8 of conclusion).
This is the previous judge making the ruling, she moved on to the supreme court of Iowa.
It is possible Scott Clark is looking at another incarceration due to contempt. The judge has the option to reinstate the previous 60 day sentence. Also are there more exhibits coming? Where is 102, 103, and 104?
Interesting to note that this list contains things that Scott Clark said would never happen or never happened including: Disclosing Realtuners customer list to Hoffmann(he claimed doing so would be illegal), class information would be witheld, signing of a non-compete agreement, never handing over his Facebook account/accounts.
EXHIBIT 126 - RETURN HARDWARE EMAIL CHAIN
EXHIBIT 125 - RECONSTRUCTED REALTUNERS LIST
EXHIBIT 124 - CLARK/HOFFMANN ELECTROMOTIVE EMAILS
EXHIBIT 123 - CLARK PAYROLL/SALARY HISTORY
EXHIBIT 122 - LEE SICILIO/SCOTT CLARK COMMUNICATIONS
EXHIBIT 121 - CLARK NONCOMPETE AGREEMENT
EXHIBIT 120 - CLARK REVOKED STATEMENT
EXHIBIT 119 - HITLER MARKETS A MS PRINTOUT
EXHIBIT 118 - CLARK MESSAGE TO BRUCE BOWLING
EXHIBIT 117 - THEY'RE ON A MISSION PICTURE OF HOFFMANN
EXHIBIT 116 - DEMAND TO CLARK AND RESPONSE
EXHIBIT 115 - REALTUNERS CLASS INFORMATION
EXHIBIT 114 - AIKEN POST
EXHIBIT 113 - CLARK VENGEANCE MESSAGE
EXHIBIT 112 - STUART TINLEY BILLS
EXHIBIT 111 - SHEPHERD LAW BILLS
EXHIBIT 110 - CLARK 2018 BANK/BANKRUPTCY STATEMENTS
EXHIBIT 109 - 10/13/17 RIVERA POST
EXHIBIT 108 - FACEBOOK KC CLASS REVIEW
EXHIBIT 107 - CLARK SPREADSHEETS PRODUCED RE CLASSES
EXHIBIT 106 - BELLEPERCHE POST
EXHIBIT 105 - CLARK FACEBOOK ACCOUNT NAMES AND ALIAS
In a civil pretrial conference, the judge or magistrate, with the help of the attorneys, may (1) formulate and simplify the issues in the case, (2) eliminate frivolous claims or defenses, (3) obtain admissions of fact and documents to avoid unnecessary proof, (4) identify witnesses and documents, (5) make schedules for the submission of pretrial briefs and motions, (6) make rulings on motions submitted before the conference, (7) set dates for further conferences, (8) discuss the possibility of a settlement, and (9) discuss the consolidation or management of large, complex cases. After the conference, the judge or magistrate issues an order reflecting the results of the conference, and the order controls the future course of the case.
August 13: Ahead of the pretrial conference scheduled for the 15th, both defendant Clark and plaintiff Hoffmann have made several filings
These filings are important to the trial, they set the stage for each parties arguments. Motion in limine is defined as:
"a pretrial request that certain inadmissible evidence not be referred to or offered at trial." A motion in limine can be used to get a ruling to allow for the inclusion of evidence, not only to get a ruling as to whether or not evidence will be precluded from trial. They are made "preliminary", and it is presented for consideration of the judge, abitrator or hearing officer, to be decided without the merits being reached first."
Here's the sentencing order from April 18. 10 days for contempt, violations of parts 5, 7 and 10 of the consent order. 3 days for not showing up to the March 20 hearing regarding his violation of the order, indefinite for not handing over discovery.
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