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California Case Update

Discussion in 'Off Topic' started by Shamil, Dec 7, 2010.

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  1. Shamil

    Shamil Well-Known Member

    This topic contains the relative files to the case file in California, between vBulletin Solutions Inc, and XenForo Ltd.

    CIVIL DOCKET FOR CASE #: 2:10-cv-08209-R -JEM
    vBulletin Solutions, Inc. v. Xenforo Limited et al
    Assigned to: Judge Manuel L. Real
    Referred to: Magistrate Judge John E. McDermott
    Cause: 17:101 Copyright Infringement

    Date Filed: 10/29/2010
    Jury Demand: Both
    Nature of Suit: 820 Copyright
    Jurisdiction: Federal Question

    PACER Case Access

    All status updates are here: http://shamil.co.uk/vbulletin-solutions-vs-xenforo-limited-etc.html

    Docket Files and Documents
    Claims List and Map
    Motions List and Map
    Attorney List
  2. AnthonyCea

    AnthonyCea Well-Known Member

    It looks like there is no legal jurisdiction for a lawsuit to proceed in California against Xenforo, the forms you misinterpreted are required for the motion if the judge decides to sign them to dismiss the lawsuit.
  3. Blandt

    Blandt Well-Known Member

    The case is dismissed with prejudice (The motion to dismiss is granted) which means the judge left the door open for IB to refile again
  4. Jarod

    Jarod Active Member

  5. Shamil

    Shamil Well-Known Member

    No, dismissal with prejudice means that IB cannot refile.
  6. Brogan

    Brogan XenForo Moderator Staff Member

    I've merged your thread with the earlier one Jarod.
    Jarod and Blandt like this.
  7. AnthonyCea

    AnthonyCea Well-Known Member

    Who said the case was dismissed ??

    I saw no signature of any judge on any form.

    PS: Is there a reason to link to the other site ??

    PPS: That made my eyes sore !!
    1 person likes this.
  8. Shamil

    Shamil Well-Known Member

    I originally did, however, I did not realise that the forms had not been signed. The previous thread has been withdrawn.
  9. Blandt

    Blandt Well-Known Member

    I doubt that they are going to refile again ... I said this when they first filed .. : jurisdiction doesn't exist. doesn't exist now and will not exist in the future... if so what's stopping them to file in NY ? Canada ? heck the Aussie land ? It's not arbitrary you know :D

    IB filed for intimidation purposes ... and indeed they have scared potential users and customers ... They gambled .. and lost..

    and I am a big time vB license holder with 10+ live vB sites ... I do not wish them harm, I just wish they can play fair and square
  10. Kier

    Kier XenForo Developer Staff Member

    You can't re-file and get another judge that might suit you better. This case or any other that deals with the same subject matter will always be presided over by Judge Real.
    MichaelDance and Shamil like this.
  11. Shamil

    Shamil Well-Known Member

    I updated my post when I realised what I said was utter tosh. Thanks for confirming Kier :)
  12. Shamil

    Shamil Well-Known Member

    I've updated my post - what I said was utter tosh.
  13. AnthonyCea

    AnthonyCea Well-Known Member

    You all should know that cases do not move that fast.
  14. Blandt

    Blandt Well-Known Member

    Motion to dismiss :) there is no case, or a trial .... if this hearing is granted .. then done in CA
  15. AnthonyCea

    AnthonyCea Well-Known Member

    It could be another month before the judge even looks at the motion.
  16. Kier

    Kier XenForo Developer Staff Member

    January 18th is the date for the hearing.
    MichaelDance, Bram, Green Cat and 5 others like this.
  17. AnthonyCea

    AnthonyCea Well-Known Member

    OK, more than a month then !!

    That should quiet a lot of speculation Kier.
  18. Blandt

    Blandt Well-Known Member

    Considering the upcoming holidays that's not bad
  19. Carlos

    Carlos Well-Known Member

    Why is Delaware brought into this suit? I'm wondering because I recently had just incorporated my company in california...This court paper screams "get incorporated in Delaware!" to me.
  20. jmurrayhead

    jmurrayhead Well-Known Member

    A lot of businesses register in Delaware for tax reasons. Delaware offers many benefits, particularly low costs, low franchise taxes, no sales or personal property tax, etc.
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