The preparation steps for the court case over FX Airguns problems are moving forward rapidly. So here’s an up-date to the story we ran a week ago…
Major Warning (Again).
Firstly, I have zero personal knowledge or “inside information” about FX Airguns or FX Airguns USA.
What I cover here is publicly-available information that anyone can find on the Internet.
However, please remember that – just because it’s published on the Internet – it may not necessarily be true. So I make no representation about the truth any of the information published in the links shown here, I’m just saying that you can read it online too.
Also, given that legal action is in process, anyone commenting on this article needs to be very careful what they say. If not, YOU could end-up being sued, too! Mention has already been made in the legal documents about comments made in the Airgun Nation Forum.
So HAM Community Moderators will delete anything that we feel is inappropriate for this reason – for our own good and yours…
Remember the legal process in the USA and most other countries works under the base assumption that any person (or entity) involved in legal action is innocent until proven guilty in a court of law – NOT the court of Social Media, television, airgun forums, our own opinion or anywhere else!
Finally, this is EXTREMELY complex and the situation is changing daily.
How To Find The Court Case.
On October 3, 2023, a law suit was filed in the General Court of Justice, Superior Court Division, State of North Carolina, County of Wake. Case Number 2023CVS27939. In it, the Plaintiff requests that a General Receiver be appointed for FX Airguns USA, to take control of the company.
As this is a court case, this is public record. We can all read it here: Public Access You’ll need to type “FX” in the search box to find the case.
Court documents are shown in the “Dockets” tab. The “Complaint” is the document that outlines the plaintiff’s case against FX Airguns USA.
Summary Of The Complaint.
Although it existed at the time of the previous HAM report, I didn’t call this out in our previous story about FX Airguns problems. Sorry.
Docket Number 6 is a legal brief – a summary – of the original Complaint (Docket Number 3). Docket Number 6 is just 16 pages – compared to 63 pages of the original Complaint. So it’s much quicker reading for a base understanding of this case.
The Plaintiff – Rumpegarden LLC is described in court documents as being owned by FX Airguns, AB (FX Sweden).
So What’s New?
Now for new stuff about these FX Airguns problems…
On October 16, 2023, the Plaintiff raised a motion requesting an expedited briefing schedule and hearing of the motion for the appointment of a General Receiver for FX Airguns USA. The explanation for this move is given in Docket 15.
Of course, there’s always two (or more) sides to any story. So you would expect to see a legal response on behalf of FX Airguns USA. In fact there’s two slightly different Response Briefs. (Why two? Don’t ask me!). These are Dockets 20 and 21. Fortunately for us, they’re quite short.
In addition, there’s a personal Affidavit of Jonathan Tueller, the CEO of FX Airguns USA, LLC. This is Docket 19.
Trying to be even-handed, it reads that – even if just a small part of either party’s statements are to be believed – neither side seems to come out “smelling like roses”.
And Now ebay. What???
Now I’m specifically NOT saying there’s any connection to this case. But it’s an unusual coincidence, nonetheless.
A new (since August 03, 2023) seller has appeared on ebay, offering – so far as I can see – mainly FX Airguns products. This includes air rifles, accessories and riflescopes from Element Optics.
Going by the name of “Demo Airguns“, this seller is located in Wilmington, North Carolina, USA (the home town of FX Airguns USA). Many of the air rifles listed are described as “used, essentially new”. The prices are attractive. No returns are accepted.
Please Remember!
What I cover here is publicly-available information that anyone can find on the Internet.
However – just because it’s published on the Internet – it may not necessarily be true. Again, I make no representation about the truth of the information in any of the links shown here, I’m just saying that you can read it online too.
Furthermore, legal process in the USA and most other countries works under the base assumption that any person (or entity) involved in legal action is innocent until proven guilty in a court of law.
Again, given that legal action is in process, anyone commenting on this article needs to be very careful what they say. If not, YOU could end-up being sued, too! HAM Community Moderators will delete anything that we feel is inappropriate for this reason.
The post FX Airguns Problems – Court Case Updates appeared first on Hard Air Magazine.
