As for your batch #2 Avalons, you can forget about them, write them as loss.
Don't do that. Take them to court. $38k+ is definitely worth legal action. Add in the potential revenues you've lost because of them and you're looking at a very hefty sum. Sue them, and then maybe they'll notice you.
EDIT:
And who knows? Maybe it'll be more profitable than mining would have been.
But more than that, I think it'll be good for the Bitcoin ecosystem as a whole. It'll show that customer service fucking matters, and that we won't put up with this sort of crap. Don't just sue them for your $38k plus lost revenue, sue them for all of us who are pissed off at companies getting away with this kind of behavior.