California Case Update

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Deepmartini said:
Even if Xenforo wins (and I hope they do), how so we know they even have the finances to continue? Unless the judge gives them a big settlement, they may win the fight but lose the war. Lawyers aren't cheap and I would guess this lawsuit has cost the team much money. I wouldn't be surprised if the bill was over $100,000 or more! That's not chump change. Depending on how things play out...in the end Internet Brands may come out the "winner" after all.
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http://xenforo.com/community/threads/california-case-update.10037/page-271#post-453028
 
Deepmartini said:
... how do we know they even have the finances to continue? Unless the judge gives them a big settlement, they may win the fight but lose the war. Lawyers aren't cheap ...
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When XF wins the judge will award costs.

It is not like the UK where this happens automatically. But it would be almost unheard of for the judge not o do it.
 
Morgain said:
When XF wins the judge will award costs.

It is not like the UK where this happens automatically. But it would be almost unheard of for the judge not o do it.
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The US should adopt the UK system and this would weed out all the frivolous lawsuits like that guy who sued the drycleaners about his pants, or the McDonalds hot coffee lawsuit or everytime somebody gets their feelings hurt and wants to cash in like it's the lottery. If you break into somebody's house and get shot, don't expect to sue the homeowner and win!
 
Deepmartini said:
Even if Xenforo wins (and I hope they do), how so we know they even have the finances to continue? Unless the judge gives them a big settlement, they may win the fight but lose the war. Lawyers aren't cheap and I would guess this lawsuit has cost the team much money. I wouldn't be surprised if the bill was over $100,000 or more! That's not chump change. Depending on how things play out...in the end Internet Brands may come out the "winner" after all.
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When XF wins, it'll mean IB have to pay all the legal fees. At which point XF will also likely get a fair bit of free publicity, and all those people sitting on the fence can finally buy a license.

The winner of the lawsuit wont be out of pocket on legal fees as the other side pays these (unless they settel of course, then its down to whatever agreement is made).


So no. IB will not be the winner. They will walk away having wasted a heck of a lot of money, and with their tail between their legs, knowing that XF in its infancy is years ahead of their upcoming vB5 release.
 
HWS said:
If I were Bob Brisco, I would offer Kier and Mike a very, very large sum for coming back and head the vB development division. Or give them all rights and freedom AND a large salary AND a huge check for selling XF to vB and continue developing it independently, but under the roof of IB.

This is a way a settlement could look like. But that depends how stubborn those people are. :)
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Remember Bob Brisco is alleged to have said that software framework/architecture/design is unimportant. We have two prime examples to prove him wrong :p
 
PACER Updates for 2/5/2013

Docket Text #180 said:
ORDER GRANTING DEFENDANTS' REQUEST TO ATTEND SETTLEMENT CONFERENCE TELEPHONICALLY by Magistrate Judge Victor B. Kenton. Having reviewed and considered the papers submitted by the parties with respect to Defendants XenForo Limited's, Kier Darby's, and Michael Sullivan's Request to Attend Settlement Conference Telephonically ("Request"), and finding good cause therefor, Defendants' Request is granted. [179] (gr)
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View/Download Documents:

#180 - Order Granting Defendants' Request

Simple Summary:
XenForo's Kier and Mike will attend the settlement conference on February 13, 2013 via telephone conference.
 

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BamaStangGuy said:
To trial we go.
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TNCclubman said:
wait what? the case is being settled next week?
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Settlement conference on Feb 13. There might be a settlement which would be the end of the lawsuit.

If no settlement then the judge might issue summary judgment soon after which would be the end of the lawsuit.

If no summary judgment then the pretrial conference is on March 4 at which time a trial date will be set.
 
TNCclubman said:
wait what? the case is being settled next week?
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No it's just a mandatory settlement hearing, ordered by the judge. They are not forced to settle, only forced to attend a settlement meeting, probably (as law experts here say) because to the judge the case is SO one-sided, that he wants to dot all the i-s and cross all the t-s to prevent an appeal in the future.
 
Jake Bunce said:
Settlement conference on Feb 13. There might be a settlement which would be the end of the lawsuit.

If no settlement then the judge might issue summary judgment soon after which would be the end of the lawsuit.

If no summary judgment then the pretrial conference is on March 4 at which time a trial date will be set.
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^^ THIS

Best sum up on what is next.
 
Ditto said:
I was expecting they'd be appearing in person for this settlement conference.
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Nah, flying over to cali for a conference that I imagine will be relatively quick would just be a waste of money imho.

Once in, I imagine the Magistrate will waste no time in pointing out, in his opinion, where each claim stands and the likelyhood of who will win.

Then it just comes down to trying to hammer out the deal (if any).

Personally, I would imagine anything less of the case being dropped and all of XenForos costs paid for by IB would be rejected. I guess the negotiation point would be just "how much" of those costs IB pays, 100%, 75% 50%?
 
Ditto said:
I was expecting they'd be appearing in person for this settlement conference.
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I agree with the others. There's no need to waste any money, especially if you don't have it. I'm assuming there is little to settle anyway. The two parties will probably be too far apart.
 
Slavik said:
Did anyone grab a time when it starts?
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Docket Text #179 said:
ORDER by Magistrate Judge Victor B. Kenton,, Set deadlines and hearings( Confidential Settlement Statement due by 2/6/2013, Settlement Conference set for 2/13/2013 10:00 AM (PST) before Magistrate Judge Victor B. Kenton.) (rh)
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10AM.
 
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