California Case Update
- Thread starter Shamil
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ManagerJosh
Well-known member
Shelley
Well-known member
What?I wish there were a way to block some staff.
ManagerJosh
Well-known member
Wow.. the hearing is scheduled for this Friday. Hmmmmm... I'm wondering if I should drive downtown for this now.
The hearing is for November 5th. Not October 5th.
ManagerJosh
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DOH. I got too excited >_<. Thanks for the correction.
D
Deleted member 10469
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It's the good questions.
ManagerJosh
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If there are old vBulletin/XenForo LA folks and we can get a confirmation that Kier, Mike and/or Ashley will be present, maybe we can all go have dinner on the 5th?
jadmperry
Well-known member
I just knocked of finishing a brief for one of my own cases, so I have a few moments to look at this issue...I am going to do a quick look at how FRCP 41(b) motions fare in CA and the Ninth Circuit. Before I do, though, I just thought I might comment on a particular rumor.
To whomever thinks/thought that a "settlement/buyout" of XF by IB was in the works, and especially to the bottom dweller who reported that supposed inside knowledge? Uh....I think this motion shows you are hitting the pipe too hard or are living in a world covered with tinfoil.
To whomever thinks/thought that a "settlement/buyout" of XF by IB was in the works, and especially to the bottom dweller who reported that supposed inside knowledge? Uh....I think this motion shows you are hitting the pipe too hard or are living in a world covered with tinfoil.
For people who think tl;dr:
They've put forward an incredibly strong argument to dismiss this particular case. I don't know how often these types of things are granted in favour of the defendants but such a strong argument I'd like to think sense will prevail and the case be dismissed in favour of XenForo Ltd.
They've put forward an incredibly strong argument to dismiss this particular case. I don't know how often these types of things are granted in favour of the defendants but such a strong argument I'd like to think sense will prevail and the case be dismissed in favour of XenForo Ltd.
Shelley
Well-known member
I like both of you, please don't comment on personal matters
Chris I have never commented on personal matters, I've never commented on personal matters on here, ever. Please don't label me with those that spread rumour and mock the situation.
DRE
Well-known member
I think this is great news but preferred it was on the hush so that IB didn't realize how bad they neglected their case until the last moment instead of reading about it on here.
So having read these documents.
It apears due to a lack of action by VBSI they are able to move for dismissal on these points. If 3 points are met, then the judge has strong reason to consider to dismiss. If 4 points are met, then the judge is almost "required" to dismiss (I use the word required lightly as it is still the judges perogotive) and if 5 points are met... its a little overkill.
(1) the public's interest in the expeditious resolution of litigation;
(2) the Court's need to manage its docket;
(3) the risk of prejudice to the defendant/respondent;
(4) the public policy favoring disposition of cases on their merits,
(5) the availability of less drastic sanctions
It looks like VBSI have violated all 5 of these points.
It apears due to a lack of action by VBSI they are able to move for dismissal on these points. If 3 points are met, then the judge has strong reason to consider to dismiss. If 4 points are met, then the judge is almost "required" to dismiss (I use the word required lightly as it is still the judges perogotive) and if 5 points are met... its a little overkill.
(1) the public's interest in the expeditious resolution of litigation;
(2) the Court's need to manage its docket;
(3) the risk of prejudice to the defendant/respondent;
(4) the public policy favoring disposition of cases on their merits,
(5) the availability of less drastic sanctions
It looks like VBSI have violated all 5 of these points.
DRE
Well-known member
Yeah that would be great if they got rewarded some money out of all of this drama. Maybe then they could afford to hire some people.Well from the way it looks/appears from what you're pointing out in the thread, is the Judge / Courts getting tired and fed up of IB's Bull**** towards KAM in general, and want to get it done asap, and all in favor of/for KAM...which is awesome.
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