The courtroom battle between Gearbox’s former legal counsel, Wade Callender, and Borderlands developer Gearbox has taken another intense turn. Callender filed a motion earlier this week in the Dallas County district court for contempt. He accuses Gearbox of “discovery abuse” and failing to produce ordered documents into evidence. Callender has requested the court sanction both Gearbox and Pitchford for these actions.
In the Motion itself, Callender lists over 20 accusations and “proof” that Gearbox and its representatives have either lied in depositions, lied about documents, or continued to refuse to produce court-ordered documents. “Callender believes he can prove that GBX, and their lawyers, continue to violate this Court’s order and hide documents,” reads one of the opening statements of the Motion. “Assuming this to be true, imagine what the quantum is of court ordered production that GBX, and their lawyers, are still hiding that Callender does not even know about.”
If Callender can prove even one of these allegations to be true, that Gearbox and its attorneys are hiding documents, things will not come up Millhouse for Gearbox or Pitchford. The last sanction the court imposed was of a $2,000 fine, to which Callender points out didn’t seem to work on Gearbox, thus a bigger punishment will be required.
The hearing for this Motion has been scheduled for September 25, 2019.
This entire melodrama began when Gearbox filed a lawsuit against Callender, alleging that he “exploit[ed] Gearbox’s generosity and trust for his own personal gain.” Callender fired back with a countersuit—of which this is where he filed his Motion for Contempt—accusing Pitchford of harassment and essentially stealing money from the company. He also accused Pitchford of possessing child pornography. Gearbox in turn filed against Callender for fraud and breach of fiduciary duty.
Hang on tight, folks. This is going to be one major trainwreck with possible casualties.