California Case Update

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ENF

Well-known member
Document for the court date attached. (#123, Filed 6/1/12)

COUNSEL ARE NOTIFIED that this action is hereby placed on calendar
for FINAL PRE-TRIAL CONFERENCE on DECEMBER 3, 2012 AT 11:00 A.M.
Memoranda of Contentions of Fact and Law, Exhibit Lists and Witness
Lists shall be filed and served on or before NOVEMBER 13, 2012, which date
will also serve as the discovery cut-off date in this action. There is no
Motion Cut-Off Date set.
PRE-TRIAL CONFERENCE ORDER shall be lodged with this Court on or
before NOVEMBER 26, 2012.
JURY TRIAL DATE is set as JANUARY 15, 2013 AT 9:00 A.M.
IT IS SO ORDERED.
 

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  • 031114679629-123.pdf
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Slavik

XenForo moderator
Staff member
At least we can hope this provides us a decent timescale as to when this will be resolved.

[conspiracy thoery]Perhaps thats why VB is being released around this time to pay Xenforos damages[/conspiracy theory]
 

MGSteve

Well-known member
At least we can hope this provides us a decent timescale as to when this will be resolved.

[conspiracy thoery]Perhaps thats why VB is being released around this time to pay Xenforos damages[/conspiracy theory]
Ouch, another 6 months to go though, hardly the best news right now, although if it reduces the chance of legal costs up to Jan next year, that's no bad thing.

As for VB5 needing to be out to raise money for damages - a) damages won't be assigned, only costs (possibly) - XF would have to sue IB for damages (unless I've missed any filing relevant to this, there's a slight bell ringing in my head, so I'm not 100% sure that something wasn't agreed with regards to costs.

In any case, any damages awarded would come out of the back of IB's corporate couch anyway, it'll small change to them.
 

we_are_borg

Well-known member
I was wondering can Xenforo claim damages if they win i saw some where in the documents that they reserved that right but what are the laws in US. Second what would they do now, go to trail on the date given, make new claims just like they did before or just drop the law suit because its cheaper and nothing can get out in the open.
 

Slavik

XenForo moderator
Staff member
I was wondering can Xenforo claim damages if they win i saw some where in the documents that they reserved that right but what are the laws in US. Second what would they do now, go to trail on the date given, make new claims just like they did before or just drop the law suit because its cheaper and nothing can get out in the open.

I think G+G will move to have IB cover all reasonable costs opposed to damages.

AFAIK in the US, to claim damages would drag the case out even further as XF would then have to prove the damage done to their business by the suit.. very hard to quantify. Whereas reasonable costs would effectively just mean "the lawyers bill".

I am not sure on this though. Maybe a US person can enlighten us :)
 

HWS

Well-known member
To explain it simply. There is an alternate and that is to liquidate XenForo, sell the code to a 3rd party UK company and continue from there. VB would be left hanging to dry, if they sued the 3rd party company they would be forced into UK courts and any expert witness would soon put an end to proceedings once he gives tesitmony on the underlying code base.

No offense, but if I were Mike, Kier or Ashley, I would not let you make such a statement at my official company board. IF this scenario will ever be happen, it will harm the legal proceedings if an company employee (and as a moderator you are such one) had make that statement in public before.

As you are clearly allowed to speculate this way, it is for me now even more likely that an out-of-court settlement of this case is ante portas. Given the fact that something unusual is going on since January.

We will see soon and hopefully it will be positive for us Xenforo Lovers.
 

Slavik

XenForo moderator
Staff member
No offense, but if I were Mike, Kier or Ashley, I would not let you make such a statement at my official company board. IF this scenario will ever be happen, it will harm the legal proceedings if an company employee (and as a moderator you are such one) had make that statement in public before.

As you are clearly allowed to speculate this way, it is for me now even more likely that an out-of-court settlement of this case is ante portas. Given the fact that something unusual is going on since January.

We will see soon and hopefully it will be positive for us Xenforo Lovers.

As stated many times, as a mod here we don't know any more than any of you guys. All we do is keep the peace and try to tidy things up here and there. We don't know anything extra on XenForos devlopment, anything about the lawsuit, KAMS personal lives or the business.

We are just as freely allowed to speculate, spitball or form conspiracy theories as much as the next person ;)

Besides, my discussion was more along the lines of "what if worst case scenario" and that there are always alternatives. With recent announcements that a trial date has been set, I think its fair to assume this won't be happening. As an added bonus, everything I discussed previously is perfectly legal and done day in and day out in the UK system to allow companies to start anew and profitably.

Everyone is so doom and gloom, always look for the bright side :) And with a trial date set for January, the futures bright, the futures blue, orange and white.
 

HWS

Well-known member
Everyone is so doom and gloom, always look for the bright side :) And with a trial date set for January, the futures bright, the futures blue, orange and white.

LOL. Good stuff you get there. Can you share it with me? :)
 
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