California Case Update

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PACER Update for 10/16/2012



Documents in this set:

132 - NOTICE OF DEFICIENCY DEFAULT/DEFAULT JUDGMENT // 1 Page

This is in response to document #130 as filed here.

Regards,
ENF
So this is basically saying that the default judgement has been forwarded to the Judge and he will make the judgement on the default...?
 
Interesting. So interesting that while I admin a political forum, and the President is currently debating Gov Romney.....I've nearly ignored the whole dang thing to read what Kier has said. Interesting huh?

What I want to know is how long this thing is expected to drag out? A lot of us who we're so enthusiastic about xen are losing steam. We need some sort of reassurance. VB5 is looking tempting.
 
Ah okay, thanks Jake! :) I still think/believe having a locked / sticky thread containing all the PDFs/updates attached to it would be helpful, and then have like an "up-to-date" status time-line underneath it would be helpful too. Like, with every PDF/DOC submission.. then make note under it based on facts of what that DOC says, "this is what this means.." Everything just seems to get buried in this thread and too many people throwing speculations and assumptions and wanna be lawyers don't help either. It's more confusing than helpful. :(

now that's how this thread should be going, not 10 to 20 pages of assumptions/bs between each PDF document submission lmfao.

IMHO, there should be one main "status" thread that is updated by a staff or XF management member. This thread should stay as-is and we can post document updates and have discussion around each update. If someone wants a status update on the case, read the 'status' thread. Jake's previous post should be all that's needed, key dates and key events that are currently in play.
 
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IMHO, there should be one main "status" thread that is updated by a staff or XF management member. This thread should stay as-is and we can post document updates and have discussion around each update. If someone wants a status update on the case, read the 'status' thread. Jake's previous post should be all that's needed, key dates and key events that are current in play.

If it stops those wannabe lawyers/people that don't read posts that can't distinguish questions from speculation then it gets my endorsement. (y) The amount of garbage is unreal you have to fish through which contradicts one post from another. Oh well.
 
If it stops those wannabe lawyers/people that don't read posts and can't distinguish questions from speculation then it gets my endorsement. (y) The amount of garbage is unreal you have to fish through which contradicts one post from another. Oh well.

Censorship is never the answer o_O

Yes Bama, I said that. :(
 
VB5 is looking tempting.
I hope this is sarcasm and you just didn't indicate it. The only system that looks tempting right now is IPB due to what they are doing for IPB4. If IPS listens to what all the big board owners are recommending, I might actually look at the product. I know they didn't listen to me when I voiced my thoughts and suggestions, they just ridiculed but now that they have a chance to win over a lot of big boards, they are finally listening to what improvements can be made to a slow and cluster f***ed system.
 
Fed up of the hysteria. Big thanks to Jake Sadiq Anthony and jadmperry and some others who keep plodding on throuigh with great dignity.

It was OBVIOUS there was no settlement. If there were then there'd be a statement about it by now.
Instead XF have asked the Court to dump the whole thing on Nov 5
Because IB have by now clearly demonstrated that they have nothing to say and just muddle about tryiong to drag this out as long as possible.

This has been stated OVER and OVER and OVER and OVER again, on here. Every pile of legal papers shows the same thing.
Now it's been stated direct to the Judge for him to decide on Nov 5 if this is true.

If he decides yes XF is right that IB have no case, , that's it. All done and XF get costs.
If he decides no, that IB have a small case (somehow), then it goes to Jan 15.
Then IB will be unable to make a case and XF wins.
Because IB have not demonstrated a case in 2 years by now - and the Court has said they have no more time to prepare one!

Now do for heavens sake stop piling on hysteria doom and gloom. Have a nice cup of tea, a self love session, eat an apple, watch a video, do some work.
All we have to do is wait a few more weeks.

Just STOP with the silly paranoia. It's not fun not intelligent not realistic and not grown up. Get a different kind of weed maybe.

;)
 
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Hey I least try to bring a little humor to this crap :p Now as for "weed" Morgain, I asked you not to tell anyone. ;) Oh wait.. are they still calling it "weed" these days? LOL
 
Hey I least try to bring a little humor to this crap :p Now as for "weed" Morgain, I asked you not to tell anyone. ;) Oh wait.. are they still calling it "weed" these days? LOL

AW I didna mean you poptart.
Weed? I'm an old lady. Weed is about as far as I've caught up with new modern talk!
Always stick to organic.
 
Censorship is never the answer o_O

Yes Bama, I said that. :(

Nobody called for censorship.

It was just suggested that mixing interpretation with facts might lead to wrong conclusions and people getting upset over what essentially speculation (and that actually did happen).


And reading the last few documents, I cannot help but laugh at IBs defence. To the defence's notion that IB is just stalling and trying to get everythign delayed, they simply reply:


and then go on to ask for more time in order to delay things even more.

I hope it bites them in the ass in court.
 
Yes, it is horrible when non-lawyers post. /sarcasm off

A few comments on this point. Even though I am a lawyer, I resisted for a long time even sharing that fact. And I have stated several times that I am reticent to post that my thoughts should carry more weight than others. Why? One reason is that the law and the legal system should be open to all people. While lawyers and those with legal training may have a "leg up" on understanding issues, there should not be a monopoly on the legal system by lawyers. That is the main reason why I bother to post in the first place- to share my thoughts on the issues and to explain the updates in this case as I see them. I also feel that if you can't explain something such that a non-lawyer can understand, then you probably have not explained your position well enough OR your position is not correct. At the same time, there is something to be said for legal training and experience with the law. Also, as a technical field, there are some concepts, ideas, or terms of art that are specific to the law and have very narrow meanings. These things can be difficult to understand for those who have no background in the area of law. So, there is tension here. It is likely the same with any field where specialized knowledge is important (whether it be PHP coder, accountant, plumber, mechanic, or architect). You can only simplify things so much or else the ideas lose their true meaning.

So, I think any comments about non-lawyers or "wannabe lawyers" posting are off base. But, if I am wrong, then these same critics/posters should heed their own advice and not post. By posting these comments, they are adding in their own 2 cents in a place where they think they have no business posting on in the first place. By the same logic, I should be the only person allowed to post in this thread. It would make the thread one sided (though, I think my side is backed up with reasoned analyses) and not responsive to what others think or ask out of genuine questioning. My instinct is that if you don't care enough to read (which, is another point- if a lawyer's post is that persuasive, then, all posts that have ignored or not responded to my posts should be deleted as well; I can't count the number of posts about things I have previously discussed, but are apparently not read, and then the same issue is raised by a new post) then you have no business posting anything in the first place. The other option for these folks is to read up, research, and understand the issues for themselves. But, this is not my position. Discussion is helpful to those who are truly interested. If you can't take the time to read the relevant posts or to spend a lot of time learning the underlying issues, whose fault is that? The only other apparent option would be to just take my position as the best gospel on the point and don't waste your time with responding or carping about responses.

The judge will have to rule on the pending motions. He may or may not rule in favor of either party. As things stand, Nov. 5th, there will be a hearing on the matters before the court. This may or may not work to great advantage to one side or the other. Barring a dismissal, the case will be heard before a jury in January, 2013. Shortly thereafter, there will be a decision in the case. My best read is that the case will go well for XF and all defendants.
 
Yes, it is horrible when non-lawyers post. /sarcasm off

A few comments on this point. Even though I am a lawyer, I resisted for a long time even sharing that fact. And I have stated several times that I am reticent to post that my thoughts should carry more weight than others. Why? One reason is that the law and the legal system should be open to all people. While lawyers and those with legal training may have a "leg up" on understanding issues, there should not be a monopoly on the legal system by lawyers. That is the main reason why I bother to post in the first place- to share my thoughts on the issues and to explain the updates in this case as I see them. I also feel that if you can't explain something such that a non-lawyer can understand, then you probably have not explained your position well enough OR your position is not correct. At the same time, there is something to be said for legal training and experience with the law. Also, as a technical field, there are some concepts, ideas, or terms of art that are specific to the law and have very narrow meanings. These things can be difficult to understand for those who have no background in the area of law. So, there is tension here. It is likely the same with any field where specialized knowledge is important (whether it be PHP coder, accountant, plumber, mechanic, or architect). You can only simplify things so much or else the ideas lose their true meaning.

So, I think any comments about non-lawyers or "wannabe lawyers" posting are off base. But, if I am wrong, then these same critics/posters should heed their own advice and not post. By posting these comments, they are adding in their own 2 cents in a place where they think they have no business posting on in the first place. By the same logic, I should be the only person allowed to post in this thread. It would make the thread one sided (though, I think my side is backed up with reasoned analyses) and not responsive to what others think or ask out of genuine questioning. My instinct is that if you don't care enough to read (which, is another point- if a lawyer's post is that persuasive, then, all posts that have ignored or not responded to my posts should be deleted as well; I can't count the number of posts about things I have previously discussed, but are apparently not read, and then the same issue is raised by a new post) then you have no business posting anything in the first place. The other option for these folks is to read up, research, and understand the issues for themselves. But, this is not my position. Discussion is helpful to those who are truly interested. If you can't take the time to read the relevant posts or to spend a lot of time learning the underlying issues, whose fault is that? The only other apparent option would be to just take my position as the best gospel on the point and don't waste your time with responding or carping about responses.

The judge will have to rule on the pending motions. He may or may not rule in favor of either party. As things stand, Nov. 5th, there will be a hearing on the matters before the court. This may or may not work to great advantage to one side or the other. Barring a dismissal, the case will be heard before a jury in January, 2013. Shortly thereafter, there will be a decision in the case. My best read is that the case will go well for XF and all defendants.

Hear Hear!
 
Nobody called for censorship.

It was just suggested that mixing interpretation with facts might lead to wrong conclusions and people getting upset over what essentially speculation (and that actually did happen).

(This is towards everyone...)

Yeah...but calling other people false lawyers. News flash...I'm pretty sure none of you are lawyers If you are...step forward and prove it. Speculation is speculation no matter who says it, and if you don't agree with it, you should refute the counter point....instead of making drama filled comments.

If people are upset that someone else has a different speculation from their speculation...I suggest getting thicker skin. Most of you guys would not survive on a political board and that's for sure.

However, just defending my point. I see most of this as silly. I appreciate the documents and the opinions of those comments - those are interesting. Those who whine about others though are making the thread boring.

However no one has said it better than this guy...

Yes, it is horrible when non-lawyers post. /sarcasm off

A few comments on this point. Even though I am a lawyer, I resisted for a long time even sharing that fact. And I have stated several times that I am reticent to post that my thoughts should carry more weight than others. Why? One reason is that the law and the legal system should be open to all people. While lawyers and those with legal training may have a "leg up" on understanding issues, there should not be a monopoly on the legal system by lawyers. That is the main reason why I bother to post in the first place- to share my thoughts on the issues and to explain the updates in this case as I see them. I also feel that if you can't explain something such that a non-lawyer can understand, then you probably have not explained your position well enough OR your position is not correct. At the same time, there is something to be said for legal training and experience with the law. Also, as a technical field, there are some concepts, ideas, or terms of art that are specific to the law and have very narrow meanings. These things can be difficult to understand for those who have no background in the area of law. So, there is tension here. It is likely the same with any field where specialized knowledge is important (whether it be PHP coder, accountant, plumber, mechanic, or architect). You can only simplify things so much or else the ideas lose their true meaning.

So, I think any comments about non-lawyers or "wannabe lawyers" posting are off base. But, if I am wrong, then these same critics/posters should heed their own advice and not post. By posting these comments, they are adding in their own 2 cents in a place where they think they have no business posting on in the first place. By the same logic, I should be the only person allowed to post in this thread. It would make the thread one sided (though, I think my side is backed up with reasoned analyses) and not responsive to what others think or ask out of genuine questioning. My instinct is that if you don't care enough to read (which, is another point- if a lawyer's post is that persuasive, then, all posts that have ignored or not responded to my posts should be deleted as well; I can't count the number of posts about things I have previously discussed, but are apparently not read, and then the same issue is raised by a new post) then you have no business posting anything in the first place. The other option for these folks is to read up, research, and understand the issues for themselves. But, this is not my position. Discussion is helpful to those who are truly interested. If you can't take the time to read the relevant posts or to spend a lot of time learning the underlying issues, whose fault is that? The only other apparent option would be to just take my position as the best gospel on the point and don't waste your time with responding or carping about responses.

The judge will have to rule on the pending motions. He may or may not rule in favor of either party. As things stand, Nov. 5th, there will be a hearing on the matters before the court. This may or may not work to great advantage to one side or the other. Barring a dismissal, the case will be heard before a jury in January, 2013. Shortly thereafter, there will be a decision in the case. My best read is that the case will go well for XF and all defendants.
 
well if people are constantly coming from lawyer wannabe county people will ask questions. What baffled me is why one certain wannabe lawyer can't distinguish a question from speculation before throwing false accusations at people. I guess somebody somewhere was looking for a scapegoat or just likes to bicker. #wannabelawyers4u
 
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