Activision Lawsuit Costing Call of Duty Creators

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West, Zampella say Activision is dragging its feet.

The lawsuit over Call of Duty: Modern Warfare 2 continues to snowball.

The attorney representing former Infinity Ward executives Jason West and Vince Zampella filed a motion in a Los Angeles court yesterday claiming Activision is purposely delaying resolution to the case and in turn, increasing the costs and burden for plaintiffs West and Zampella.

Last month, Activision filed an amended complaint to the case in an attempt to add Electronic Arts as a cross-defendant after it recently discovered new evidence the publisher was looking to "derail the Call of Duty franchise."

However, this new motion alleges Activision had possessed the documents and information for its claims against EA for "more than six months." The addition of EA to this case could delay the May 23, 2011 trial date.

"West and Zampella are paying for the litigation from their own funds and are not being subsidized or reimburse by anyone else," the motion states. "But they do not have the same financial resources that Activision has thrown at the case, and will continue to throw at the case through trial."

"Delaying the trial means more costs, more burdens, and continued distraction in trying to run their business, non-party Respawn, and manage its dozens of employees."

In March 2010, West and Zampella sued Activision after the two were fired from Infinity Ward on claims of breach of contract and insubordination. The duo soon after signed a publishing deal with rival Electronic Arts and formed Respawn Entertainment.

"It is bad enough that Activision refused to honor its contract with them and pay them the millions of dollars they and the other Infinity Ward employees earned from their years of work in developing Modern Warfare 2," the motion added. "Now Activision wants to ruin their ability to earn a living anywhere else."

"When May 23 comes, plaintiffs will make sure the jury appreciates what Activision is attempting to do. For now, plaintiffs ask only that the Court make sure that date remains in place."

A hearing date for the motion has been set on Jan. 18, 2011.