My Evidence Matters
WELCOME TO MY STORY...
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Wow, it feels so amazing to finally be able to sit here and tell you my story. My name is Shana Lee McCart-Pollak and I am the Creator and Patent owner of my "Lots of Love Buddies" concept and IP. In November of 2012, I had the opportunity to go to the Chicago Toy and Game Convention ("Chitag" or "CTGC"), a private and confidential toy convention, where Kevin Harrington, an Original Shark on Shark Tank was the keynote speaker. In Harrington's Keynote speech he touted the As Seen On Tv Industry, As Seen On Tv, Inc., AsSeenOnTv.com, and his book Act Now! How I Turn Ideas into Million Dollar Products.
After his keynote speech Harrington offered the attendees an opportunity for a Mini Pitch Tank/ Shark Tank where attendees could pitch to him with the intent that if he moved forward on the idea he would partner with them. During my pitch to Harrington he was impressed that I was patent pending and that he thought it was an interesting idea and proceeded to ask for my business card multiple times and my brochure with my Lots of Love Buddies IP and materials, so that he could get back to me. When I handed my brochure to Harrington, we shook hands in agreement that he would partner with me if he moved forward on the idea.
In June of 2014, my daughter witnessed my "Lots of Love Buddies" concept being Marketed in an infomercial/ commercial. I sat back for a year and really investigated the "CloudPets/ Toy-Fi" product, the partners, affiliations, social media posts, etc.
As you go through this website you will see that a lot of the Evidence which I gathered has since been deleted. So I am grateful that I actually took screenshots, videos, etc. to capture and memorialize that the evidence existed.
In August of 2015, I tried to go viral with my evidence and I sat up a GoFundMe account in hopes that a law firm would take my case on a contingency basis or I could afford to hire legal counsel to pursue my legal rights in regards to my "Lots of Love Buddies" concept and pending IP. Almost immediately, On Demand filed a lawsuit against me along with a Temporary Restraining Order and an Injunction that I had to remove my website, and I could not post on social media or speak about my belief that my idea had been knocked off (which are the allegations of my lawsuit).
With the removal of my website and GoFundMe account I was forced to represent myself as a Pro Se Litigant in the Ninth Circuit Federal Court system for the last 5 years (with over 475 filings/ dockets). In addition, I counter-sued On Demand Direct Response, LLC and On Demand Direct Response III, LLC and I also filed a third-party complaint against: Kevin Harrington; As Seen On Tv, Inc.; Spiral Toys; Mark Meyers; Jay at Play Int'l; Jay Franco & Sons; Hutton Miller; Echo Factory; Digital Target Marketing; and Dragon-I Toys. I would like you to note, that On Demand's Lawsuit against me was dismissed in its entirety.
As this website reveals counter and various third-party defendants would not comply with court orders to produce documents that the court itself deemed were pertinent to my third-party claims, especially Harrington's. This misconduct is memorialized in 3 Magistrate Judges Reports and Recommendations which are viewable on my website. I believe the Court failed to use its full inherent powers to try and coerce these documents before dismissing my case against Harrington. I also believe that the Court turned a blind eye to not only my evidence but to Supreme Court and Ninth Circuit case law which mandates a Jury trial.
Since I believe my Seventh Amendment Right has been violated, I filed an Appeal to the Ninth Circuit Court of Appeals requesting that this case be REMANDED back to the District Court for trial and reassignment of a new Judge. I filed my Opening Brief in January. Harrington, Jay@Play and Mark Meyers filed their Answering Briefs in March, and I recently filed my Reply Brief on May 26, 2020. Now that briefing is complete, this case rests in the hands of the U.S. Court of Appeals for the Ninth Circuit.
If, in your opinion, you believe that My Evidence Matters and that The Ninth Circuit Court of Appeals should REMAND this case back to the District Court, for a Jury to decide at Trial
Keep Going ... There is More to the Story
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Thank you for taking the time to view my website My Evidence Matters.
The mission of this website is NOT to defame anyone or to say that anyone is guilty.
(That determination lies solely in the province of a jury at trial.)
The sole purpose of the website is that
I believe, in my honest opinion, that My Evidence Matters
and that My 7th Amendment Right to a Jury Trial has been violated.