California Case Update

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Way I see it, IB is pointing out a Giraffe nobody else can see, claims that the lion and the tiger were in for the night, despite no witness testimonies of them, and that there is an invisible Zebra running Amok in in the fridge.

Everyone else is wondering what the big elephant in the room is doing, which oddly enough is never ever mentioned by IB...
 
PACER Updates for 10/15/2012

I have not read through these documents as of yet, just retrieved them a few minutes before this post.

PACER/Objection/Opposition (Motion related)/ Filed: 10/15/2012 said:
Docket Text: Opposition Opposition re: MOTION to Dismiss for Lack of Prosecution[128] Opposition to Motion to Dismiss filed by Plaintiff vBulletin Solutions, Inc.. (Attachments: # (1) Declaration of Wendy Giberti, # (2) Exhibit A-B, # (3) Declaration of Russel Selmont, # (4) Exhibit A, # (5) Declaration of Patrick Fraioli, # (6) Exhibit A-O)(Fraioli, Patrick)
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Documents for this pack:

131 - OPPOSITION TO MOTION TO DISMISS // 25 Pages.
131-1 - Declaration of Wendy Giberti // 3 Pages.
131-2 - Exhibit A-B // 4 Pages.
131-3 - Declaration of Russel Selmont // 2 Pages.
131-4 - Exhibit A // 2 Pages.
131-5 - Declaration of Patrick Fraioli // 5 Pages.
131-6 - Exhibit A-O // 67 Pages. [Included in ZIP / Not attached to this post, too big.]

External Link - One ZIP File w/All 131 related documents.

As with any third party download source, please be sure to scan all documents before opening. Documents were scanned and deemed safe at the time of upload.

Please let me know if there are any errors or corrupted files, I believe everything should be good though.

Regards,
ENF

Edit: Revision of individual file links, my 0wn copy & paste fail. Apologies.
 

Attachments

By the way, best line I read so far included the phrase:

"sucker punched"

Don't cheat and use the find command, just read it. :) Never seen that phrase used in a legal brief.

Edit: Oh, and this one: "Once again, Defendants' counsel has tried to be too cute." -- This is like reading a drama. Too bad it's real.
 
For the reasons set forth above, Defendants' Motion should be denied.
Furthermore, Defendants and their counsel should be sanctioned in the amount of
$16,800 and the discovery cut-off should be extended one month from November
13, 2012 until December 13, 2012. Moreover, Plaintiff should be allowed to file
amended witness and/or exhibit lists by December 20, 2012 (after the current
deadline of November 13, 2012), should that discovery provide new witnesses or
exhibits that Plaintiff seeks to introduce at trial.
Click to expand...
DATED: October 15, 2012 ERVIN COHEN & JESSUP LLP

Nice try.

P.S. I'll never ever buy anything from IB anymore.
 
I don't even know how to write a good summary about all of this, but it's a lot of back and forth with lawyers about evidence sent/received or evidence received that was not as expected. Plus getting in contact with XF people for legal process service and something about Mike getting extension to answer the complaint but he had not done so. XF lawyers give rebuttal in various emails and letters over the course of the summer.

There did appear to be settlement talks either ongoing as of September 2012 or at least being planned? It's clear that settlement plans were discussed but can't tell if they stopped completely or were put on hold.

That's what I got out of a quick read of the motion documents and attached exhibits.
 
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