California Case Update

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The question now is if granted will the 3rd ammended complaint push the trial date back or not.
 
Slavik said:
The question now is if granted will the 3rd ammended complaint push the trial date back or not.
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Could be the case, they might argue they need extra time to prepare things due to those changes. I see what your getting at, could this be more stalling tactics.
 
It would definitely take "more time" as there would have to be an answer to the Third Amended Complaint, and perhaps additional discovery based on new matters raised. That said, the judge could take this into account and either adjust the timelines to require faster responses and/or expedited discovery. My instinct is that, if the motion is granted, it will take more time. But, it is possible that this will not be the case.
 
Mert said:
What does Third Amended Complaint is ?
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They want to add or drop something from the second amended complaint.

And from the above, they are doing this right when the second amendment response is due from Mike... so they're saying it is a waste of resources IB making continual amendments, especially when one is just due.
 
Is there no law which limits how much additional amended complaints one can file? I mean, this sounds like, oh so you were going to bust my previous complaint with reasonable response, here's another complaint before you can do that! Now go and waste your time and money trying to respond to this and when you finally have a response, I will have a ANOTHER complaint ready!
 
sadikb said:
Is there no law which limits how much additional amended complaints one can file? I mean, this sounds like, oh so you were going to bust my previous complaint with reasonable response, here's another complaint before you can do that! Now go and waste your time and money trying to respond to this and when you finally have a response, I will have a ANOTHER complaint ready!
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While I don't know about the law against how many times you can do it, the judge can say that it's becoming one-too-many and decide to not let it happen any more.
 
Sometimes it's cheaper to actually play the same tactics... instead of trying to jump through the hoops to finish it fast, knowing that the other party is intentionally going to delay, you just do the delay yourself with requests for more time to reply on anything they send, stating you have work commitments, etc etc... it is cheaper that way, and stretches the time allowing the company to continue to build its brand and wealth.

Tactics go both ways when it comes to legal issues. You can hurt the other party just as much as they can hurt you, whilst keeping it cheap as possible. You can also bombard them with requests, spread apart... which then consumes their time as well. It either levels people out to play nicely and get it into court, or you atleast maintain a level playing field for what you know is a tactic.

Just my two cents. I would turn it onto IB and their chief executives, VB staff, etc... bringing them all into it, filing motions against them, consuming their time to perform business.
 
Is there anyone else thinking that this might actually be a favourable thing? They tried the delay tactic before, and I am fairly sure that by now even the judge will start seeing a pattern there.

I'm actually thinking/hoping that IB is dropping some allegations they cannot prove.
 
I think they are only adding things (otherwise, I think they would do the procedurally proper thing, a motion for partial dismissal). However, I think you have a good point. It really depends on what are in the allegations/amended complaint, but you can only "go to the well" so many times before it appears as ridiculous as it is.
 
jadmperry said:
I think they are only adding things (otherwise, I think they would do the procedurally proper thing, a motion for partial dismissal). However, I think you have a good point. It really depends on what are in the allegations/amended complaint, but you can only "go to the well" so many times before it appears as ridiculous as it is.
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I would think they've reached that appearance long ago.
 
Yeah, if you just looked at logic. However, the law has a preference for allowing additional claims (especially if new information is discovered in the litigation process). Judges are not idiots (as a general matter; there are notable exceptions), but remember, above all, they hate being reveresed on appeal (it makes them look bad and, necessarily, creates more work for them). So, given the general leeway that plaintiffs have for adding claims/amending complaints before "trial," the balance tends to weigh for them permitting these types of shenanigans. Again, though, its not like this is happening in a vacuum; the judges know when plaintiffs are grasping at straws.

It is early yet to judge the merits of the amended complaint without knowing what is in it, or the basis for the late addition. We will have to see how it plays out. For my money, though, I don't see any "smoking gun" out there...seems like pure BS to me. We will see, though.
 
As far I know, amendment complaints are quite common, especially when the defendant have been granted a motion to dismiss a claim. If they have discovered something which was not included in the original complaint then I believe they can file an amendment complaint if the defendant has not yet responded to their original complaint.

All love for XenForo aside, I think this is reasonable given that if you discovered something later on in the case, then you should be able to amend the original complaint. It might look as if they are trying to prolong the case (perhaps they are) but these amendments complaints are quite routine from my understanding.
 
Seriously? It's gone up :/

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Unlikely. IB is threatening another amended complaint which would delay things further, not lead to any conclusions anytime soon.
 
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