Category Archives: Lawsuits

Diamond’s Adversary Proceeding with Udon Entertainment Could be Dismissed Due to Lack of Paperwork

Udon Entertainment logo

In September of 2025, Diamond launched nearly 3 dozen individual lawsuits against publishers regarding consigned inventory that Diamond still possessed. In short, Diamond wanted to sell the goods to help pay back debts and the publishers wanted their inventory back. That fight has dragged out for over a year with settlements finally being approved this past week.

One of the publishers sued was Udon Entertainment and overall, their adversary proceeding has been rather quiet with just 10 total documents in the year’s time.

What’s more entertaining, even with a settlement approved, the adversary proceeding could be dismissed due to Diamond not following the correct procedures. We’re expecting all of these adversary proceedings to eventually be dismissed officially with settlements approved.

In a filing from Friday:

It appearing that the Plaintiff has not served the summons and complaint in this adversary proceeding within seven (7) days after issuance of the summons as required by Federal Bankruptcy Rule 7004(e) and/or the Plaintiff has not filed proof of service within the time during which the person served must respond to the process as required by Local Bankruptcy Rule 7004−1,

NOTICE IS HEREBY GIVEN that unless good cause be shown to the Court fourteen (14) days from the date of this notice why service was not made as required by Federal Bankruptcy Rule 7004(e) and/or proof of service was not filed as required by Local Bankruptcy Rule 7004−1, this adversary proceeding shall be dismissed without prejudice without further notice or a hearing.

Remember kids… even lawyers forget to file paperwork.

Check out the full filing below:

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Publishers Get the Win When it comes to Consigned Goods Inspection with Sparkle Pop

Two settlements with publishers in the fight over consigned goods and the Diamond chapter 7 case were settled this past week. One settlement was with 13 publishers and the other settlement was with 15 publishers. It was a big step in wrapping up the situation that has dragged out for over a year. Part of what led to one of those settlements was Sparkle Pop dropping its objection.

Sparkle Pop is one of the companies that purchased assets of Diamond’s and currently houses the consigned goods that are at the center of the dispute. Sparkle Pop had objected to the want of publishers to do an inspection over the inventory being help and generally not being included in the settlement negotiations.

On Friday, the “motion to compel discovery” was approved for a dozen publishers involved. Ablaze, Avatar Press, Zenescope, Paizo, Living the Line, Herman & Geer Communications, Green Ronin Publishing, Fantagraphics, BOOM!, Battle Quest Comics, American Mythology Productions, and Action Lab Entertainment all had their motion to “compel discovery” approved by the court.

The motion is interesting with some new nuggets of information:

  • The inspection of the inventory was performed on October 26 and October 27
  • Each day the inspection lasted for eight hours
  • It was performed by Shawn Hamrick with an assistant. Hamrick worked for Diamond Comic Distributors for almost 32 years and was the Vice President of Operations & Chief Logistics Officer.
  • The plaintiff, aka publishers, are responsible for the fees and costs.
  • Sparkle Pop was able to accompany Hamrick and the assistant during the inspection.
  • It’s a visual inspection and identification of the consigned inventory, but Hamrick and the assistant weren’t able to move any physical items. So, we’re not sure how you really dive in and count and confirm the inventory without being able to do so.
  • Sparkle Pop will pay any fees it incurs during the process (so their staff is on their dime).

So, based on all of this, it sounds like the inspection of the inventory was completed earlier this week, before either settlement was approved… It’s an interesting twist and might explain why Sparkle Pop dropped their entire objection to the settlement. But, there are a lot of different scenarios that we aren’t privy to regarding the specific details of this side quest. If nothing else, it confirms a lot of negotiations occurring behind the scenes that aren’t being made public.

Check out the full court document below:

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A Pretrial Conference has been set in Sparkle Pop vs. Alliance for March 2027

In January 2025, Diamond Comic Distributors filed for Chapter 11 bankruptcy. In the months since, the drama that has come out due to the proceedings has been worthy of an HBO miniseries with bids made, bids rejected, last minute switches, and now accusations of NDAs broken and corporate espionage.

On June 9, 2025, Sparkle Pop, one of the winners of Diamond’s assets, filed a complaint against Alliance Entertainment and asked for a temporary restraining order. Alliance Entertainment was the original winning bidder for Diamond’s assets during the bankruptcy but pulled its bid accusing Diamond and its representatives of fraud.

Sparkle Pop has accused Alliance of breaking its NDAs, poaching Diamond employees, and stealing corporate secrets it learned during its bid for Diamond.

While Diamond’s now chapter 7 is nearing an end, the lawsuit between Sparkle Pop and Alliance Entertainment continues.

A pretrial conference has been set for March 11, 2027 at 10am. On the agenda are:

50 − Amended Complaint by Ellen E. Dew on behalf of SPARKLE POP LLC, a Delaware limited liability company
against ALLIANCE ENTERTAINMENT HOLDING CORPORATION, a Delaware corporation, ALLIANCE
ENTERTAINMENT, LLC, a Delaware limited liability company. (related document(s)1 Complaint filed by Plaintiff
SPARKLE POP LLC, a Delaware limited liability company). (Dew, Ellen)

You can read more about the amended complaint.

75 − Answer to Complaint − Defendants’ Answer and Affirmative Defenses to Amended Complaint Filed by
ALLIANCE ENTERTAINMENT HOLDING CORPORATION, a Delaware corporation, ALLIANCE
ENTERTAINMENT, LLC, a Delaware limited liability company. (Grasso, Jonathan)

Read more about that here.

Settlement between Diamond’s Trustee Morgan W. Fisher and Publishers over Consigned Goods “Ordered”

With the approval of a settlement between Diamond, Sparkle Pop, and 13 publishers this week, as well as Sparkle Pop withdrawing their objection, we thought the signs were there that we’d get another major decision in Diamond’s chapter 7 drama. And, this evening, it looks like the settlement between Diamond, its trustee Morgan W. Fisher and 15 publishers has been “ordered” putting into motion the winding down of the drawn out case.

To catch folks up, when Diamond declared bankruptcy, it held a large quantity of product in its warehouse that was on consignment. After some time, Diamond claimed it had a right to sell the consigned goods to help pay down its debt and that nothing would go to the publishers. The publishers claimed it was their property and that when Diamond declared bankruptcy it triggered a whole bunch of different things that would allow them to get their product back. This has gone on for about a year and a half that resulted in all sorts of off-shoot lawsuits and a lot of behind-the-scenes negotiations.

To make things even more complicated, some items were sold when they weren’t supposed to. Sparkle Pop, the company that took over “old” Diamond, deposited $840,151.00 into an account of which $669,410.00 represents sales of goods from the Consignment Group. In addition, Sparkle Pop has $417,496.00 for sales after May 15 2025 through February 13, 2026 of which $273,503.00 represents sales of the Consignment Group’s goods. Of that initial amount of the $669,410, $50,000 will go to the publishers with $619,410 going to the trustee but what is in escrow and owed to the other publishers not part of this group needs to be figured out and settled. The $273,503 will go entirely to the trustee. If it’s found Sparkle Pop sold even more than what’s known, the publishers need to pursue that at their own cost and 5% of any recovery from that would go to the Diamond trustee after expenses for the legal proceeding are handled.

The settlement in short is that a certain group of publishers will get some money for the product of theirs sold and will be able to get the product back but they’ll need to pay for packing and shipping. The deal is similar to one cut between Image and Diamond (the money is the difference between the two).

What’s also big is that it terminates any distribution agreement that currently exists for these publishers with “old” Diamond. This in particular stands out:

The Trustee agrees and acknowledges that the Consignment Group Members were the owners of their respective Consignment Inventory at all times prior and subsequent to the Petition Date, and the TSA did not permit or authorize Sparkle Pop to sell, distribute or dispose of Consignment Inventory on behalf of either the Consignment Group members or the Debtors other than in accordance with the Distribution Agreements and at the Debtor’s sole and express direction.

Publishers that are part of the compromise:

Ablaze
American Mythology
Avatar Press
Battle Quest Comics
Action Lab

Drawn & Quarterly
Fantagraphics
Green Ronin Publishing
Hermes Press
Living the Line

Paizo
UDON Entertainment
Zenescope
BOOM! Studios
Dynamite Forces/Dynamite

The bullet points of key parts of the deal and we’ve put in bold the major ones:

  • The Court Registry Escrow not allocable to the Otherwise Represented Consignors shall be released to the Parties and distributed as follows: (a) Fifty Thousand Dollars ($50,000.00) to the Consignment Group Members that are also members of the Ad Hoc Committee (to be allocated as it/they deem appropriate); and (b) the remainder to the Trustee (thus, the net amount to be paid to the Estates is $619,410.00).
  • The Settling Parties shall jointly move the Bankruptcy Court for an order directing that Sparkle Pop release the aggregate amount allocable to each Consignment Group Member from the SP Escrow, as set forth on Schedule 3 to the Trustee.
  • If not already rejected, all Distribution Agreements of the Consignment Group Members shall be deemed rejected as of the Effective Date of the Settlement and terminated in their entirety.
  • The Consignment Group Members will have the authority and are required to retrieve any and all of their inventory from the Warehouse, bearing their own costs of picking and packing such inventory.
  • Sparkle Pop is entitled to pick and pack the inventory identified by the Consignment Group Members, at rates comparable to what the Consignment Group Members can obtain from other third parties to complete the work. If Sparkle Pop declines to do the pick and pack work at comparable rates, the Consignment Group Members are authorized to access their Consignment Inventory and remove it from the Warehouse under the timelines set forth in the Settlement.
  • The Trustee, on behalf of himself the Debtors, releases and discharges the Consignment Group Members from any and all claims, causes of actions, obligations, and damages including, but not limited to, preference claims. Similar releases from the Consignment Group Members flow to the Trustee and Estates, subject to certain claims as described herein and in the Settlement. In other words, the releases are essentially mutual.
  • The Consignment Group Members are reserving all rights with regard to any additional claims against Sparkle Pop. In the event any Consignment Group Member recovers additional funds from Sparkle Pop on account of unauthorized sales of or shortages in the Consigned Inventory in excess of the Court Registry Escrow and SP Escrow, such Consignment Group Member shall pay five percent (5%) of any such recovery to the Estates, net of any legal fees and expenses required to collect such amounts.
  • In the event Sparkle Pop obtains a judgment against any Consignment Group Member for rent, storage, or similar charges with respect to such Consignment Group Member’s Consigned Inventory stored at the Warehouse, that Consignment Group Member shall have an Administrative Claim against the Estates in an amount equal to 25% of such claim.
  • In the event Sparkle Pop or the Consignment Group Members obtain a finding that any consignment inventory delivered by any Consignment Group Member was unreported as being sold by the Debtor prior to the Settlement, but was in fact sold by or at the Debtor’s direction, and paid to or for the benefit of Debtor, the respective Consignment Group Member(s) that delivered any such Missing Inventory shall be entitled to a chapter 7 administrative claim against the Debtors that is subordinate to certain other expenses and claims including any finally-allowed post-conversion administrative claims of Sparkle Pop, JP Morgan Chase and/or the Trustee’s professionals.
  • Within sixty (60) days after the Effective Date, the Trustee will file a notice of abandonment pursuant to Bankruptcy Code § 554 as to the Consigned Inventory.
  • Within ten (10) days after the Effective Date, the Trustee shall assign to the Consignment Group all of his rights, title, and interest, without representation or warranty of any kind, in and to the CG Adversary Proceedings as plaintiff therein.
  • Within ten (10) days after the Effective Date, (i) the Trustee will file a notice of dismissal of the Denial Order Appeal (if not already resolved), and (ii) the Members of the Consignment Group, as applicable, will file a notice of dismissal of the CG Adversary Counterclaims.

But… there’s more!

The Consignment Group Members are entitled to file a “substantial contribution claim” for their legal fees and costs having to do with this fight.

The case has dragged on for some time and with numerous individual court cases between Diamond and publishers, the cost was adding up which led to the settlement.

The Parties believes the Settlement is in the best interest of the Estates. It eliminates a burdensome administrative cost that is being asserted by Sparkle Pop with regard to the continued storage of the Consignment Inventory at the Warehouse; it relieves the Trustee from any further involvement in the CG Adversary Proceedings of the Settling Parties and the Appeal; it provides a substantial cash infusion to the Debtors’ Estate; and it protects the Consignment Group Members from further erosion of value of their Consignment Inventory as well as prevents the flooding of the market with respect to unauthorized sales of their inventory.

From today’s approval:

NOW, THEREFORE, it is by the United States Bankruptcy Court for the District of Maryland, hereby:

ORDERED, that the Motion be, and the same is hereby, GRANTED and all objections and responses to the Motion or the relief requested therein that have not been withdrawn, waived, settled, or resolved as stated on the record or herein are hereby overruled and denied on the merits; and it is further

ORDERED, that the Settlement (as defined in, and attached as Exhibit A to the Motion) is approved in its entirety. Thus, the failure to specifically include or refer to any particular provision of the Settlement in this Order shall not diminish or impair the effectiveness of such provision; provided, however, that to the extent any provision of this Order is inconsistent with the terms of the Settlement, the terms of this Order shall control; and it is further

ORDERED, that the Settlement and any related agreement, document or other instrument may be modified, amended, or supplemented by the Settling Parties thereto in accordance with the terms thereof, without further order of this Court; provided that any such modification, amendment, or supplement is not material, is consistent with this Order, and has the approval of the Settling Parties; and it is further

ORDERED, that the Settling Parties are authorized to take all actions necessary or appropriate to effectuate the terms of the Settlement and that they shall be, and hereby are, authorized to fully perform under, consummate, and implement the terms of the Settlement, including the filing of further pleadings and the execution and delivery of all instruments and documents that may be reasonably necessary, required or desirable to implement and effectuate the Settlement and the transactions contemplated therein; and it is further

ORDERED, that the releases set forth in the Settlement with regard to Boom Entertainment, LLC (“Boom”), shall be only as against Boom and not any affiliates; and likewise the releases of Boom by the Trustee and the Debtors’ estates are only as against Boom and not any affiliates; and it is further (We’re figuring out this aspect of the deal – Brett)

ORDERED, that any party that is engaged to destroy any of the Consignment Inventory with regard to the Settlement terms shall, promptly after destruction, provide a certificate of destruction to the respective Consignment Group Member to evidence the destruction of the respective property, which certificate shall be in accordance with industry standards; and it is further

ORDERED, that, this Order and the Settlement shall be binding in all respects upon the Settling Parties, the Debtors, all creditors of the Debtors and all interested parties affected hereby, and upon the successors and assigns of any of the foregoing; and it is further

ORDERED, that this Court shall retain sole and exclusive jurisdiction to hear and determine all matters arising from or related to the implementation of this Order.

There’s still much to go including lawsuits involving Diamond, Sparkle Pop, and Alliance having to do with the bankruptcy sale and various issues spinning out of it and there’s also a big question as to what lender JPMorgan Chase Bank will get out of this who lent Diamond a considerable sum of money.

There’s also a question as to what the stock that’s been fought over is actually worth? It’s sat in a warehouse for over a year so it’s unknown how valuable it’ll be at this point.

Overall, this has been a drawn out fight that could have been settled many months ago (and we hear there was a lot of drama between publishers behind the scenes as to what to do).

While this is a major step in settling matters, there’s still many steps to go and unanswered questions.

You can read all of the documents below and we’ll have more as this major decision unfolds:

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Sparkle Pop withdraws Objection over Ad Hoc and Diamond Settlement

Diamond Chapter 7
That's all folks?

Yesterday, a settlement between Diamond, Sparkle Pop, and 13 publishers was approved by the court. It’s a major step in finally winding down Diamond’s chapter 7 drama which has been going on for close to two years. That approved settlement still left open a different settlement that would impact 15 publishers which is currently being litigated.

But, with one settlement approved, there’s speculation that the fight over the other might be winding down as well and there’s a sign that might be the case.

Today, Sparkle Pop has withdrawn their objection to the outstanding settlement with the 15 publishers. This helps pave the way for it to be approved by the court instead of being dragged out even further.

Even if this settlement is approved, there’s still more to go including numerous lawsuits over the process and then there’s the settlement between Diamond and its bank lender JPMorgan Chase Bank.

Stay tuned, we might be seeing light at the end of the very long tunnel!

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Breaking: Settlement between Diamond and Trustee Morgan W. Fisher, Sparkle Pop, and 13 Publishers Approved

Graphic text that reads 'NOW THAT'S WHAT I CALL A SETTLEMENT' against a colorful, abstract background.

Things have been rather quiet when it comes to Diamond’s chapter 7 drama but today there’s been a big decision as a settlement has been approved with some publishers. In September, a compromise was been reached between Diamond and its Trustee Morgan W. Fisher, Sparkle Pop, and 13 publishers. The settlement involves the “Palik Consignment Group” which includes Aspen, Black Mask Studios, DSTLRY, Heavy Metal International, Magnetic Press, Massive Publishing, Oni-Lion Forge Publishing, Panini UK, Alien Books, Graphic Mundi, Titan Publishing Group, Vault Comics, and Dark Horse Comics.

The publishers, Diamond, and Sparkle Pop have been a fight regarding consigned goods. The publishers feel the goods are theirs, Diamond claims it has a right to them and wants to sell it to pay back debts, and it’s currently stored by Sparkle Pop (which purchased some of Diamond’s assets). Sparkle Pop has also been caught selling the consigned goods.

In August, Diamond and its Trustee reached a settlement with a different group of publishers, a total of 15. That settlement didn’t include Sparkle Pop and is currently being litigated.

The two deals are very different. While the initial deal involved an audit and publishers paying for the packing and shipping, this deal is a similar concept but structured very differently.

It ends fights over relief between these publishers, Diamond, and Sparkle Pop, effectively closing the long-running battle over consigned goods for these publishers.

The deal includes:

  • The Palik Consignment Group are granted Chapter 11 administrative expenses;
  • Money in Court Registry Escrow will be released to the Trustee;
  • When the settlement agreement with the Ad Hoc Consignment Group (the other publishers) is approved, the Trustee will disburse $308,890 to Sparkle Pop with remaining funds going to the Trustee;
  • The SP Escrow will be released to Sparkle Pop. That amount is $105,856;
  • The Distribution Agreements of the Palik Consignment Group are officially rejected;
  • Adversary Proceedings will be dismissed;
  • The Trustee will file a notice that the Consigned Inventory is abandoned and belongs to the Palik Consignment Group;
  • Sparkle Pop will get inventory of the default judgements including Digital Manga, Net Comics, Valiant, and the inventory covered in the Image Comics settlement.

Sparkle Pop will get $787,380 total. They are also part of Tariff Refund Rights Sharing and that as well as the escrow amount will satisfy Sparkle Pop’s claims against the Trustee, Diamond, and the Palik Consignment Group. Sparkle Pop has been fighting to get paid for warehouse storage as well as costs associated with selling consigned goods.

Tariff Refunds were mentioned, I believe for the first time, in this filing. They’ll be split 50/50 between Sparkle Pop and the Trustee minus whatever costs to get the refund.

The mechanism for publishers to get their product back is interesting. There are two options listed:

  • Pik&Pak Option 1: Sparkle Pop picks 4% of the value of remaining wholesale Consigned Inventory in lieu of payment; the remaining 96% is picked, packed, palletized, and made available without additional charge;
  • Pik&Pak Option 2: Each member pays 2% of wholesale value directly to Sparkle Pop; all remaining inventory is picked, packed, palletized, and made available. Risk of loss transfers upon loading at dock or tender to carrier.

Each Palik Consignment Group Member has thirty days after notice to remove its inventory from the Warehouse with failure to timely remove it being deemed abandonment. Members can also request that Sparkle Pop destroys the inventory at no additional cost.

This is a major step into wrapping up Diamond’s chapter 7 drama which began in January 2025. While there’s still a long way to go this is one key element that is now settled.

You can read all of the filings below including the approval as well as the original motion.

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The Fight Continues to Stop the Paramount/Warner Bros. Discovery Merger

Bold red text reading 'Not so fast!' with a comic-style explosion background.

Monday brought the news that a dozen attorneys general caved to Paramount in their attempt to acquire Warner Bros. Discovery. The $111 billion deal was halted while an antitrust suit was brought by a dozen states with a trial originally set for March 2027. With opposition seemingly caved and giving up, the deal felt like a sure thing and would be closed by the September 30 deadline before a “ticking fee” began on October 1 adding costs to the mega-deal.

But, there’s still resistance.

Block the Merger, a group formed in opposition, was granted their motion to file amicus briefs regarding the deal and settlement. All amicus briefs will have to be filed on the docket no later than 12:01 am PST on September 25 and the deadline will not be extended and briefs submitted after not accepted.

A settlement hearing was set to be done today, and it was expected it would have rubberstamped the deal. But, with this latest decision by the Judge, things will be delayed a bit.

Paramount attempted to stop the approval of amicus briefs, stating a delay would “inflict massive harm” on Paramount without the filing of an antitrust action. It’s a similar action that had Paramount demanding a $1.88 billion bond from the dozen states and Writers Guild of America if their antitrust suit moved forward.

Paramount had threatened to leave California over the lawsuit by the attorneys general causing them, as well as other California elected officials, to swerve in the political game of chicken. Governor Gavin Newsom, L.A. Mayor Karen Bass (who is seeking reelection), California gubernatorial front-runner Xavier Becerra, and some unions urged California AG Bonta to settle fearing job losses from the move. In reality, the merger between Paramount and Warner Bros. Discovery will result in job losses in the 10s of thousands anyways.

But not all Democrats caved. Senator Cory Booker sent a letter to Judge Araceli Martinez-Olguin urging:

…the Court to subject the proposed consent decree to an independent public-interest review before entering it. The Court should measure the proposed remedies against the relief the States originally sought: an injunction blocking the merger altogether. The decree does not address the core of the case—that the merger is anticompetitive and will eliminate jobs.

Booker is asking for the deal between Paramount and the states to be subject to an “independent public-interest review.”

Judge Martinez-Olguin seems to be doing some due diligence asking attorneys to address by September 29 the concerns raised by Sen. Booker.

The judge challenged the AG officials in a hearing today if the settlement actually addresses the concerns they raised and the Clayton Act which is about antitrust concerns.

The judge also asked if the deal was “not the result of collusion and was more of an arm’s length process.”

California Senior Assistant AG Paula Blizzard in the meeting argued for the settlement but said that they were still prepared to go to trail starting March 2, 2027 as well as acknowledging the negative response to the settlement. Blizzard also noted that New Jersey, the state Booker represents, was part of the AGs initially suing and is part of the settlement. Blizzard pushed hard for the settlement thinking the five year time frame of it will somehow protect consumers and industry workers and “preserve competition.” Paramount’s attorneys highlighted the penalties that will keep them honest.

No matter, this isn’t a done deal after all and with a September 29 response date, Paramount gets closer to its “ticking fee” kicking in and the deal getting more expensive each day it drags on.

Discovery Plan in Diamond vs. Comic and Game Publishers Gets Approved

We brought the news in early March that there was some movement in the court case between Diamond and numerous publishers. The various parties and Diamond met on February 26 and March 3-4 in an attempt to find a resolution, the nature of the claims and defenses, to arrange disclosures, and propose a discovery plan. On March 4, there was a filing hashing out the plan for discovery.

Discovery is the process where documents related to the case are handed over to the parties involved for them to go through as far as evidence. This can be emails, text messages, Slack messages, and can easily go into the millions of documents.

The issue is who owns the consigned goods that are still being held by Diamond. Zenescope, Action Lab Entertainment, Ablaze, American Mythology, Battle Quest Comics, Paizo, Living the Line, Herman & Geer Communications, and Green Ronin Publishing are all fighting to get their inventory back. Diamond wants to keep the inventory to be able to sell it off to pay creditors. JPMorgan Chase Bank wants Diamond to sell off the inventory so it can get paid back by Diamond. Sparkle Pop is involved because it has sold off some of the inventory when it wasn’t supposed to and currently is holding the physical product in a warehouse it controls.

While this has been ordered, there’s now multiple settlements making their way through the courts between Diamond, publishers, and Sparkle Pop (who is currently housing the consigned goods). One of those agreements is being litigated and the other was just announced. The one being litigated involves the publishers and this discovery timeline.

An updated timeline has been approved by the court:

  • Discovery Requests. The Parties shall serve all additional document requests, interrogatories, and requests for admissions on or before October 1, 2026.
  • Agree on ESI Search Terms. The Parties will make reasonable efforts to agree on ESI Search Terms on or before October 15, 2026.
  • Substantial Document Production Completion Date. The Parties expect to have document production substantially completed by November 15, 2026.
  • Fact Discovery Cut Off. The Parties have agreed that, except for Rule 26(a)(1) disclosures, all fact discovery in this case shall be initiated so that it will be completed on or before January 15, 2027. The Parties have agreed that they may take fact depositions at any time prior to the expiration of the fact discovery deadline.
  • Privilege Logs. Privilege logs shall be produced in accordance with the Federal Rules of Civil Procedure so as to be completed within five (5) business days of the related document production. Privileged communications occurring after June 15, 2025, need not be included on a privilege log.
  • Expert Initial Disclosures. The identity of expert witness and subject matter of expected testimony, per Rule 26(a)(2)(A) and 26(a)(2)(C)(i), shall be disclosed on February 1, 2027. Any rebuttal experts, and subject matter of expected testimony, shall be disclosed on February 8, 2027.
  • Expert Reports and Expert Discovery Cut Off. Expert reports and all other information required by Rule 26(a)(2)(B), along with any documents or information considered by the expert, shall be exchanged on March 1, 2027. Rebuttal expert reports and all other information required by Rule 26(a)(2)(B), along with any documents or information considered by the expert, shall be exchanged on March 15, 2027. All expert discovery shall be completed by April 15, 2027.

Based on all of those dates, we won’t see a court case before 2027.

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Breaking: Diamond and Trustee Morgan W. Fisher, Sparkle Pop, and 13 more Publishers Reach a Settlement

Graphic text that reads 'NOW THAT'S WHAT I CALL A SETTLEMENT' against a colorful, abstract background.

Another big motion in Diamond’s chapter 7 drama has been filed today as a compromise has been reached between Diamond and its Trustee Morgan W. Fisher, Sparkle Pop, and 13 more publishers. This new settlement impacts the “Palik Consignment Group” which includes Aspen, Black Mask Studios, DSTLRY, Heavy Metal International, Magnetic Press, Massive Publishing, Oni-Lion Forge Publishing, Panini UK, Alien Books, Graphic Mundi, Titan Publishing Group, Vault Comics, and Dark Horse Comics.

The publishers, Diamond, and Sparkle Pop have been a fight regarding consigned goods. The publishers feel the goods are theirs, Diamond claims it has a right to them and wants to sell it to pay back debts, and it’s currently stored by Sparkle Pop (which purchased some of Diamond’s assets). Sparkle Pop has also been caught selling the consigned goods.

In August, Diamond and its Trustee reached a settlement with a different group of publishers, a total of 15. That settlement didn’t include Sparkle Pop and is currently being litigated further.

The two deals are very different. While the initial deal involved an audit and publishers paying for the packing and shipping, this deal is a similar concept but structured very differently.

It would end fights over relief between these publishers, Diamond, and Sparkle Pop, effectively closing the long-running battle over consigned goods.

The deal includes:

  • The Palik Consignment Group are granted Chapter 11 administrative expenses;
  • Money in Court Registry Escrow will be released to the Trustee;
  • When the settlement agreement with the Ad Hoc Consignment Group (the other publishers) is approved, the Trustee will disburse $308,890 to Sparkle Pop with remaining funds going to the Trustee;
  • The SP Escrow will be released to Sparkle Pop. That amount is $105,856;
  • The Distribution Agreements of the Palik Consignment Group are officially rejected;
  • Adversary Proceedings will be dismissed;
  • The Trustee will file a notice that the Consigned Inventory is abandoned and belongs to the Palik Consignment Group;
  • Sparkle Pop will get inventory of the default judgements including Digital Manga, Net Comics, Valiant, and the inventory covered in the Image Comics settlement.

Sparkle Pop will get $787,380 total. They are also part of Tariff Refund Rights Sharing and that as well as the escrow amount will satisfy Sparkle Pop’s claims against the Trustee, Diamond, and the Palik Consignment Group. Sparkle Pop has been fighting to get paid for warehouse storage as well as costs associated with selling consigned goods.

Tariff Refunds were mentioned, I believe for the first time, in this filing. They’ll be split 50/50 between Sparkle Pop and the Trustee minus whatever costs to get the refund.

The mechanism for publishers to get their product back is interesting. There are two options listed:

  • Pik&Pak Option 1: Sparkle Pop picks 4% of the value of remaining wholesale Consigned Inventory in lieu of payment; the remaining 96% is picked, packed, palletized, and made available without additional charge;
  • Pik&Pak Option 2: Each member pays 2% of wholesale value directly to Sparkle Pop; all remaining inventory is picked, packed, palletized, and made available. Risk of loss transfers upon loading at dock or tender to carrier.

Each Palik Consignment Group Member shall have thirty days after notice to remove its inventory from the Warehouse with failure to timely remove it being deemed abandonment. Members can also request that Sparkle Pop destroys the inventory at no additional cost.

This is a major step into wrapping up Diamond’s chapter 7 drama which began in January 2025. While there’s still a long way to go this is potentially a key compromise to wrapping things up.

You can read all of the filings below:

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Writers Guild of America admit Attorneys General Left Them Out to Dry in Paramount Appeasement

An illustration of two arms engaged in a strong arm wrestling match, with the phrases 'Screwing Everyone,' 'Paramount,' 'Skydance,' and 'Democrat Attorneys General' labeled on the arms.

Today, a dozen attorneys general settled with Paramount regarding the company’s $111 billion takeover of Warner Bros. Discovery. The attorneys general received little in return but did try to make it look like they actually got something in return. In July, twelves states and the Writers Guild of America filed antitrust lawsuits in an attempt to stop the merger. The AGs have caved, along with numerous spineless unions, and now the WGA has spoken out in a rather damning statement. We put in bold the big “fuck you” to the AGs involved.

We continue to believe the merger will cause damage to writers and the industry at large. Now that the Attorneys General have settled with Paramount, however, as a nonprofit, the WGA must contend with the reality of forging ahead alone, with no backing from government enforcers, with a complex antitrust lawsuit that would cost millions of dollars to pursue through trial. Consequently, we have also settled our lawsuit with an agreement from Paramount to prohibit writer layoffs at CBS News Broadcast for 5 years, and to pay $17.5 million to our health fund along with our attorneys’ fees in the litigation.

Though we were not successful in blocking the merger, our advocacy brought more attention to the harms that this merger—and others like it—will cause. We will continue to fight the harms of industry consolidation.

As the number of outlets to sell our work to and the corresponding diversity of programming shrinks, we need industry-wide structural separation between streamers and studios in order to promote competition in programming, like the Financial Interest and Syndication Rules once required in broadcast television. We will continue to fight for these goals.

The merger is expected to cost 10s of thousands of jobs as well as negatively impact economies. Congrats attorneys general and Democrats for throwing the WGA under the bus! That’s how you continue to build support!

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