Sybil / Erik Mana - Breach of Contract Lawsuit

sinjin7 · Unread post by **sinjin7** » Mon Aug 01, 2016 7:02 pm

As most of you know, I gave Erik Mana one last opportunity to make things right with his backers near the beginning of July, 2016 by requesting that he post a substantive update on Kickstarter detailing a specific plan on how he intends to fulfill his Kickstarter campaign and gave him a deadline of July 31 to post his update. He actually logged onto Kickstarter the day after I posted my message on his Comments page, so he should have seen it. As consistent with his past conduct, he chose to do nothing instead of doing right by his backers. Given that we are closing in on TWO YEARS past the date he claimed he would deliver his cards by (with no indication or inclination on his part to adequately communicate with his backers or fulfill his obligations), I have unfortunately reached the conclusion that it will now require a judge to compel Erik Mana to do what he will not do on his own volition: to fulfill his legal obligations to his backers in a timely manner.

I will begin the process of seeking a Canadian law firm that we can retain to initiate this lawsuit against Erik Mana. My objectives for this process is two-fold: 1) I will find out how much the legal fees and costs are estimated to be in a lawsuit of this nature and scope, and 2) find out what are all our different legal and equitable remedies against Erik Mana. My primary goals are to force Erik Mana to promptly ship his completed playing cards to those backers who still wish to receive them, or to force Eric Mana to issue prompt refunds to those who would prefer that result, as well as recoup any legal fees and costs Erik Mana caused us to incur in the execution of this legal proceeding against him. After consulting with the law firm, I will update you on the feasibility of these goals.

I understand that legal fees can be costly. I propose that our legal fees be divided among us in a manner that is proportionate to each individual's investment in the Sybil campaign. It is not fair to ask a backer who has pledged $20 to cover the same share of legal costs as the backer who has pledged $200 or $2,000. The more jilted backers that join in this lawsuit will allow for the legal costs and fees to be more easily borne in the fairest manner possible. These shared legal fees should be viewed as an up-front cost that may be partially, or completely, reimbursed to us by the Court at the successful conclusion of our lawsuit.

This thread will be the venue where backers of the Sybil campaign can join with me to compel Erik Mana to live up to his legal obligations. All those interested in participating in this lawsuit should post a message in this thread with the message, "I wish to join in the Sybil lawsuit against Erik Mana" along with your name or UC/KS user ID - do not include any other additional info than that in this thread. After you posted on this thread, you can send me a PM with your full name and pledge amount. Please spread the word - the more that get involved, the better.

It will probably take me a couple of weeks to narrow down my search for the right Canadian law firm or attorney, so we can use this period of time as the window for you to let me know you wish to join in the Sybil lawsuit. I will post updates on this thread with any new information that I discover to keep everyone in the loop.Thank you for your time, consideration, and support.

Unread post by **vasta41** » Mon Aug 01, 2016 7:37 pm

I wish to join in the Sybil lawsuit against Erik Mana (I think his name is spelt with "K").

sinjin7 · Unread post by **sinjin7** » Mon Aug 01, 2016 8:14 pm

Thanks, made the correction to his name.

4.of.Clubs · Unread post by **4.of.Clubs** » Mon Aug 01, 2016 9:58 pm

I wish to join in the Sybil lawsuit against Erik Mana.

KS: Burton

chach · Unread post by **chach** » Mon Aug 01, 2016 10:23 pm

I wish to join in the Sybil lawsuit against Erik Mana

KS Username: Kris K

ecNate · Unread post by **ecNate** » Mon Aug 01, 2016 10:47 pm

I wish to join in the Sybil lawsuit against Erik Mana

KS Username: ecNate

sms69x · Unread post by **sms69x** » Tue Aug 02, 2016 3:34 am

I wish to join in the Sybil lawsuit against Erik Mana

KS: Sergio Sousa

Unread post by **Cbkimble** » Tue Aug 02, 2016 4:26 am

I wish to join the Sybil lawsuit against Erik Mana.

KS uaername: Brent Kimble

phantom1412 · Unread post by **phantom1412** » Tue Aug 02, 2016 8:15 am

I wish to join in the Sybil lawsuit against Erik Mana

KS: Phantom1412

Unread post by **badpete69** » Tue Aug 02, 2016 9:00 am

I wish to join in the Sybil lawsuit against Erik Mana

KS Username: Pierre R

See my collection @ Portfolio52 · Tue Aug 02, 2016 9:16 am

I'm not sure I can participate as a plaintiff in a class suit as I'm fromm the UK - but I'd be happy to contribute towards the fees as if I were.

My KS username is Joe Henry

cosmicsecret · Tue Aug 02, 2016 10:08 am

I wish to join in the Sybil lawsuit against Erik Mana

KS Username: Bastian Ochmann

Jock1971 · Unread post by **Jock1971** » Tue Aug 02, 2016 10:11 am

montecarlojoe wrote:I'm not sure I can participate as a plaintiff in a class suit as I'm fromm the UK - but I'd be happy to contribute towards the fees as if I were.

I`m from U.K as well , but count me in

I wish to join the sibil lawsuit against Erik Mana
KS user name - Jason Allan

Unread post by **CBJ** » Tue Aug 02, 2016 10:34 am

Via KS:

"I'm very sorry that I haven't offered any updates. I too have not had any updates from the fulfillment company. I feel horrible with everything that is happening. This is not my intention to not deliver this project. Those who know me, know this is not me.

There are people threatening to file a case against me. I understand. But please also understand that if that happens, I too will be filing a case against the fulfillment company. But right now I'm trying to get things done without a legal battle because it will only make things worse and slow things down even more.

To those that have malice intentions against me, harassed me, threatened my life and made an effort to make my life hell - I get it. You're pissed off that deliveries are late and I haven't given any updates. I haven't responded to messages because the majority of them are toxic and it doesn't help the situation. Some of you want to ruin someone’s life over some playing cards. But please stop and think about this. That doesn’t help anyone. It doesn’t help me and it definitely doesn’t help you get your cards faster.

I admit, part of this delay is my fault, but the majority of the problem lies with the fulfillment company. I could easily pass the buck and drop names and the shipping company involved, but I don't want to do that because it will further put this project at risk. I put myself in front of this mess to protect the shipping company that still holds all your decks, because I don't want a legal battle that will slow things down even more.

The issue has nothing to do with money. They have not sent me a single billing for even the past shipments even after I've asked for it. The past shipments can easily be settled because it wasn't a lot of packages shipped. Their problem seems to be logistical and poor management which they haven't fixed to this day.

I'm pleading with all of you. Please allow me to get this done without a law suit. My promise is still on the table. I promise to deliver these decks. I just need time to resolve the issues with this shipping company.

I'm trying do better. I know you all deserve better.

Thank you for your time and consideration.

Erik"

Unread post by **vasta41** » Tue Aug 02, 2016 10:43 am

CBJ wrote:There are people threatening to file a case against me. I understand. But please also understand that if that happens, I too will be filing a case against the fulfillment company.

That should have been done months if not years ago! And clearly, the only reason he's considering doing it now is because of this thread. I repeat: I wish to join in the Sybil lawsuit against Erik Mana.

ecNate · Unread post by **ecNate** » Tue Aug 02, 2016 10:51 am

None of what he is saying makes any sense at all. He claims the fulfillment warehouse is holding the decks hostage, but gives no reason why they have not sent it or why he can't make it happen. He also said almost a year ago that he was able to go there in person and package them, so do it again and do it yourself. Take back your decks and mail yourself. Make some calls, get there in person, take them to court. It doesn't add up. He's just not trying and giving horrible cryptic answers. All while making it a pity party about how people are after him.

Some of you want to ruin someone’s life over some playing cards

No, it's about money you took and REPEATED promises you failed to keep regarding said money paid to you. We only want you to DO WHAT YOU PROMISED IN A REASONABLE AMOUNT OF TIME, not vengeance. If it makes your life difficult in the mean time so be it, you clearly are not making any kind of actual sustained effort.

sms69x · Unread post by **sms69x** » Tue Aug 02, 2016 10:52 am

This guy is such a clown, it make me laught that update, once again "please pity me... not my fault.... I'm doing everything I can...", the same thing, nothing new, he's just draggind the situation till the point where he can run away without any consequence..
Hope that sinjin7 will not drop the case because of this update. Please keep searching for a propper law firm and trying to find out what can we do, at least until we see more than 10 packages shipped in the next couple a days..

Unread post by **vasta41** » Tue Aug 02, 2016 10:56 am

sms69x wrote:Hope that sinjin7 will not drop the case because of this update.

I don't know him that well but I think you have a better chance of seeing Jesus. In any case we're kind of hijacking this thread now- maybe we should move to the Mana/Sybil thread?

Tue Aug 02, 2016 11:06 am

Two main reasons are driving me to join the suit. He doesn't communicate for months and months unless threatened. He has no plan to resolve any of this other than hoping things will get fixed with the fulfillment company. And we don't even know what the problem actually is because of the lack of Erik's communication and transparency. Delays I can deal with, but lack of professionalism and respect for backers, I cannot. Erik could really learn a lot from how Lotrek handles delays and mishaps. I hope Erik never makes another dime from playing cards.

I wish to join in the Sybil lawsuit against Erik Mana

KS Username: Andrea Whitlock

bribribri · Unread post by **bribribri** » Tue Aug 02, 2016 11:32 am

I wish to join in the Sybil lawsuit against Erik Mana

KS: Brian Liang

hikeeba · Unread post by **hikeeba** » Tue Aug 02, 2016 12:55 pm

I still wish to join the lawsuit. Remarkable timing, really, his messages. I believe as soon as any pressure is lifted insurmountable problems will magically reappear.

KS: hikeeba

sinjin7 · Unread post by **sinjin7** » Tue Aug 02, 2016 2:23 pm

"Fool me once, shame on you! Fool me twice, shame on me!"

Erik's latest update claims his Niagra fulfillment company has admitted (after a year and a half) they don't have the ability to mail a bunch of small rectangular cardboard boxes, so they are moving the decks to their Chicago facility. As hikeeba said, this is remarkable timing. As I have stated in my comment today on the Sybil Comments page on KS, I believe Erik didn't take my promise of a lawsuit seriously in July, which is why he blew us off yet again. But only after he saw here at UC that I was beginning the process of suing him did he finally decide to post an update on KS, otherwise he would still be cowardly hiding in silence.

I don't know if I can take any hope from his *gasp* second update in the same day. As others have pointed out already, there were too many inconsistencies in his two updates today. Remember when Erik claimed they were bringing in a specialist supervisor just to oversee the unfathomable mysteries of shipping out packages? And he claims this delay isn't about money? In his February 27 Update, it was all about the money, and how he was out of it!

Erik will have to show me proof of this communication with the CEO of the Niagra "fulfillment" company as well as provide timelines of when the decks are in transit to Chicago, and then the pace of deliveries once in Chicago in the form of WEEKLY updates. Otherwise, nothing changes and I will continue with preparations for our lawsuit against Erik Mana as planned when he ignored the July 31 deadline.

DWulf · Unread post by **DWulf** » Tue Aug 02, 2016 3:28 pm

I wish to join in the Sybil lawsuit against Erik Mana.

KS: Sarah D

Unread post by **Cbkimble** » Tue Aug 02, 2016 3:37 pm

I would say continue with the search for an attorney and post fees that will be needed. I just have a feeling this is a ruse and we should continue as stated in the original post until proof of shipping of all decks is shown.

Chococat66 · Unread post by **Chococat66** » Tue Aug 02, 2016 5:10 pm

I wish to join in the Sybil lawsuit against Erik Mana

KS: Lisa Kruse

halcyondaze · Unread post by **halcyondaze** » Tue Aug 02, 2016 5:21 pm

I wish to join the Sybil lawsuit against Erik Mana
KS: halcyondaze

Bikefanatic · Unread post by **Bikefanatic** » Tue Aug 02, 2016 6:47 pm

You know you really f'ed up when people who don't post as much or a new member comes on here wanting to sue. Erik had a lot of time to communicate. In general when you talk to people civilized or "come correct", no response. When you take the gloves off, be disrespect, reasy to attack, etc. that's when people respond or want to reason. Therefore, show no mercy.

It's been many designers who were late on projects, in and out of their hands but COMMUNICATION along with actions and progress is what makes people trust and stick with you.

Gareth · Unread post by **Gareth** » Wed Aug 03, 2016 12:51 am

With the relative success (of actually getting him to post an update), this process is beginning well.

I wish to join in the Sybil lawsuit against Erik Mana

KS: 'Gareth'

RickardSmith · Wed Aug 03, 2016 11:12 am

wish to join

KS: dazedandconfused

volantangel · Unread post by **volantangel** » Wed Aug 03, 2016 10:35 pm

I'm in as well

KS: Kai (Volantangel)