Bryan Kocis Pennsylvania Cobra Video LLC Options

[Marion]

Well, there is a Pennsylvania Cobra Video LLC.

Someone created a Cobra Video LLC in Pennsylvania on 9/20/2002 and that Cobra Video LLC is also listed as active

Limited Liability Company - Domestic - Information

Entity Number: 3096007
Status: Active

Entity Creation Date: 9/20/2002

State of Business.: PA
Principal Office Address: % CORPORATION SERVICE COMPANY
PA 0 -0
Mailing Address: No Address

IT SEEMS TO ME that the existence of a Pennsylvania Cobra Video LLC means that Bryan Kocis had partners or that there were/are other members of Cobra Video LLC (PA) because, as far as I know, Pennsylvania does NOT allow one person to form a LLC

Since another business or legal entity can be a member of a LLC, it is possible that Kocis could have made himself, his "living trust" and possibly another business he owned members of the Pennsylvania Cobra Video LLC. And, as we mentioned before, The Pennsylvania Cobra Video LLC could be a member of the Delaware Cobra Video LLC (this would explain the Delware Cobra Video LLC claiming to have used a trademark prior to its existence).

It does seem A TAD ODD that a person would create two LLCs with the same name in different states because, you can register a LLC created in one state with another state in order to do business in that other state. The main reason Kocis would have created another Cobra Video LLC in Delaware, in my opinion, would have been to take advantage of the fact that it is almost impossible to "pierce the corporate veil" of a Delaware LLC.

Piercing The Corporate Veil

In other words, it is almost impossible to get a court in Delaware to disregard the Delaware Cobra Video LLC and to seize Bryan Kocis's personal assets (or the assets of Kocis' estate) for the actions of his Cobra Video business..

For example, if someone sued the Pennsylvania Cobra Video LLC, they could have argued that the Pennsylvania Cobra Video LLC was just a guise for Bryan Kocis and gone after Bryan Kocis' personal assets to settle any court judgments against the Pennsylvania Cobra Video LLC. With the Delaware Cobra Video LLC, anybody who won any lawsuits against the Delaware Cobra Video LLC would have had to settle for filing what is called a charging order against the Delaware Cobra Video LLC. In plain English, if someone had won a judgment against the Delaware Cobra Video LLC, Bryan Kocis would have just laughed in their face because, there would have been almost no chance in hell that that person would ever have collected any money (it would not have been likely that a Delaware Judge would have disregarded a Delaware LLC and allowed some to go after the personal assets of Bryan Kocis).

Given the date that the Delaware Cobra Video LLC was created (April 18, 2005, a date when there was a legal dispute between Kocis and Sean Lockhart and possibly other lawsuits coming against Kocis), I'm guessing that the Delaware Cobra Video LLC was created By Bryan Kocis in an attempt to shield his personal assets against judgements against his Cobra Video business AND to con Sean Lockhart et al into only suing the Delaware Cobra Video LLC (the apparent "shell company").

Yet Another Bryan Kocis Con Job?

Do we all really need further proof of what a fucking slug Bryan Kocis was?

As I said, If someone had sued the Pennsylvania Cobra Video LLC, they could have possibly "pierced the corporate veil" of the Pennsylvania Cobra Video LLC and gone after Bryan Kocis' personal assets. So, in order to protect his personal assets against his possibly losing his federal lawsuit against Sean Lockhart et. al. it is possible that Bryan Kocis did the following ...

In order to protect his personal assets against the possibility that he might lose his lawsuit against Sean Lockhart et. al. in San Diego, Bryan Kocis could have created the Delaware Cobra Video LLC and sued Sean Lockhart et. al with the Delaware LLC hoping that Sean Lockhart and his lawyers would only counter sue The Delaware Cobra Video LLC and not sue the Pennsylvania Cobra Video LLC.

In other words, there is every sign that the Delaware Cobra Video LLC was created specifically to sue Sean Lockhart with so that if Kocis lost the lawsuit, Sean Lockhart could not have gone after Bryan Kocis' personal assets.

If Sean Lockhart et. al. knew that there were Two Cobra Video LLCs, then they should have answered the lawsuit The Delaware Cobra Video LLC filed against them in San Diego by ( a ) counter suing The Delaware Cobra Video LLC; ( b ) by suing Bryan Kocis in his personal/individual capacity; AND ( c ) by suing The Pennsylvania Cobra Video LLC (and any other entities that Kocis may have been using). I'm guessing that Sean Lockhart et al may not have been aware of the fact that there were Two Cobra Video LLCs until AFTER they had already signed (or agreed to sign) The Settlement Agreement. THE PROOF ..

IF Lockhart was sued by The Delaware Cobra Video LLC, he would have had to petition the Judge in the case to ADD The Pennsylvania Cobra Video LLC (if it was the PA LLC that sued Lockhart, he would have had to petition the Judge to add the DE LLC). Since I have not heard of any reference to any petition by Lockhart to add a third party to the lawsuit One of The Cobra Video LLCs filed against him, I'm guessing that Lockhart did not know that there were TWO COBRA VIDEO LLCs.

The Trademark on BRENT CORRIGAN As A Lure

The Delaware Cobra Video LLC may only have applied for the federal trademark on BRENT CORRIGAN to lure Sean Lockhart away from suing The Pennsylvania Cobra Video LLC AND to con Sean Lockhart into agreeing to supply Cobra Video with more product (via The Settlement Agreement). Bryan Kocis apparently was aware that Sean Lockhart "really wanted" the rights to the mark BRENT CORRIGAN so, Kocis "used that" to get Lockhart to sign The Settlement Agreement.

I'm guessing that it is The Pennsylvania Cobra Video LLC that owns the PA State Service Mark on BRENT CORRIAN and that it is the Pennsylvania Cobra Video LLC that is the real Cobra Video.

IF The Pennsylvania Cobra Video LLC is the real Cobra Video and the Delaware Cobra Video LLC is just a shell company created for a con job, then this would be even further proof that The Settlement Agreement between Sean Lockhart et. al. and The Delaware Cobra Video LLC was in fact Bryan Kocis' Very Last Con Job Ever.

notice: I don't have the information currently as to which Cobra Video LLC it was that sued Sean Lockhart in San Diego. Based on the date the lawsuit was filed and the fact that Kocis created The Delaware Cobra Video "for some purpose", I'm guessing that it was The Delaware Cobra Video LLC that filed the lawsuit in San Diego.

I have always said that only an idiot would file a lawsuit like the one Kocis filed in Federal Court in San Diego. If Kocis used The Delaware Cobra Video LLC to file the San Diego Lawsuit, then he could have thought that the was protected from the wrath of the Federal Judge because any fines or judgments would have been against The Delaware Cobra Video LLC. THIS TRICK to protect himself and his assets would have worked for Kocis in San Diego as long as the Federal Judge never found out that there were TWO Cobra Video LLCs and that Kocis may have created The Delaware Cobra Video LLC to protect himself and his business from the wrath of the Federal Judge

Update:

It was The Delaware Cobra Video LLC that sued Sean Lockhart et al in federal court in San Diego. I did not see any reference to a Pennsylvania Cobra Video LLC, but, I only took a quick look at the complaint, the answer and the counter-claim.

CLICK HERE for a zip file containing all of the complaints, answers and counterclaims relating to the lawsuit The Delaware Cobra Video LLC filed against Sean Lockhart et al. Link from julienpdx.blogspot.com

Per the lawsuit The Delaware Cobra Video LLC filed in Federal Court in San Diego, the answer and counterclaim filed by Sean Lockhart et al to the lawsuit could be viewed as taking into account that there could be "other Parties" in addition to Bryan Kocis and The Delaware Cobra Video LLC. However, it does not appear that Lockhart et. al. specifically knew that there was in fact a Pennsylvania Cobra Video LLC. Lockhart counter-sued The Delaware Cobra Video LLC, Bryan Kocis in his personal capacity and 10 parties identified as "John Does". Technically, one of The John Does could be viewed as The Pennylvania Cobra Video LLC, but the documents that I took a quick look at do not make any mention of a Pennsylvania Cobra Video LLC. In fact, in one document, Lockhart affirms that he signed a contract with Cobra in 2004. Well, the only Cobra Video LLC that existed in 2004 was the Pennsylvania Cobra Video LLC.

Unless the Federal Rules of Civil Procedure (FRCP) have changed, it would have taken more than Lockhart naming third parties in his/their counter-claim to make those third parties defendants (counter-defendants) in the San Diego Lawsuit. As I recall my FRCPs, Sean Lockhart et al would have needed the permission of the Judge to actually make Kocis the individual and the 10 John Does counter-defendants to the San Diego lawsuit. If The Judge in the case did not give Lockhart et. al. permission to had Kocis the individual and the 10 John Does as counter-defendants, then Lockhart's counter-claim would have only been against The Delaware Cobra Video LLC (because that was the only party the court already had jurisdiction over).

In either the answer or the counter-claim, Lockhart et. al. state that the only other member or manager of "COBRA" they were aware of was Robert Wagner.