California Case Update

[steven s]

Wait til the jury finds out that Xenforo uses php .... just like vBulletin ! ......... [end sarcasm] (albeit briefly)....... [sarcasm]

I'd give juries more credit than that! Have you ever served on a jury or did you get out of it like that is something to be proud of?

 

[ENF]

Just FYI for today, there were no updates to case records for 11/27/2012.

 

[Digital Doctor]

Just FYI for today, there were no updates to case records for 11/27/2012.

No worries. Thanks for the update.
I'm just getting over learning what a Pocket pussy was.
Who knew ?

The Moar you surf the internet the moar your know !

 

[Shamil]

Just FYI for today, there were no updates to case records for 11/27/2012.

Signed Orders usually appear a few days depending on Judge's schedule.

 

[jadmperry]

I am not familiar (and have not bothered to look it up) with the local practice, but it is not unusual for any motion to be required to have a proposed order attached to it. My best guess is that the judge likely directed XF to file a proposed order after indicating that he would rule favorably on it. I might be wrong, though. Best way to tell- let's see whether the proposed order is signed. It is likely we will see the result in the next few days. (Also, based on the lack of anything contrary in the ECF filings, I am fairly confident that the order will be signed and, barring anything else happening, we will see a trial in January).

 

[Kier]

Judge Real almost always directs counsel to draft an order after he makes a ruling. If he agrees with the wording, he'll sign it in his own time, but there's no rush in these things once a ruling has been made, the matter is considered closed.

 

[CTXMedia]

Judge Real almost always directs counsel to draft an order after he makes a ruling. If he agrees with the wording, he'll sign it in his own time, but there's no rush in these things once a ruling has been made, the matter is considered closed.

Se he has ruled and things proceed to trial now without any further filibustering from IB?

 

[Jeffin]

Judge Real almost always directs counsel to draft an order after he makes a ruling. If he agrees with the wording, he'll sign it in his own time, but there's no rush in these things once a ruling has been made, the matter is considered closed.

I don't know what you meant because I haven't been following the case. I just wanted to thank you for the updates. Sometimes we need some reassuring posts from the owners. I am sure things will turn out good in the end for all of us.

 

[Stuart Wright]

Question for Jadmperry :
the proposed final pretrial conference order document (http://xflegal.com/xfl/2012/xfl-152-1.pdf) contains lots of objections to the evidence and witnesses from both sides.
And Plaintiff contemplates filing the following motions in limine :
...h. Precluding Sullivan from offering any testimony or other evidence to defend himself....

Are these objections normal, who and when is it decided that the evidence and witnesses are allowed, and isn't it completely insane for the Plaintiff to propose an order that one of the defendants should be precluded from defending himself ?!!!!

 

[jadmperry]

Question for Jadmperry :
the proposed final pretrial conference order document (http://xflegal.com/xfl/2012/xfl-152-1.pdf) contains lots of objections to the evidence and witnesses from both sides.
And Plaintiff contemplates filing the following motions in limine :
...h. Precluding Sullivan from offering any testimony or other evidence to defend himself....

Are these objections normal, who and when is it decided that the evidence and witnesses are allowed, and isn't it completely insane for the Plaintiff to propose an order that one of the defendants should be precluded from defending himself ?!!!!

Yes, this is normal (in some form...the rules between different courts and judges vary, but this type of pre-trial plan/order is typical). In this case, it is a local rule that mandates this be filed with the court. This is a joint submission of the parties, so each side gets to present its position. It is not the case that each side agrees with everything. The stipulated and agreed to portions are just that. But, there are a lot of points that are presented that are in controversy and necessarily, that means there is disagreement about these points. So, no, this is not completely insane on the part of the Plaintiff.

 

[psTubble27]

Here is to every XF fan, a small little post by Kier:

if there were a genuine and sufficiently large demand for email replying, I'd certainly consider adding it to the list of things we would consider developing for a future version.

There's a quote, for all the naysayers who had made apocalyptic predictions about XF's future development, and who bolstered that with pretended, but actually fake, insider knowledge.

 

[jmurrayhead]

Here is to every XF fan, a small little post by Kier:



There's a quote, for all the naysayers who had made apocalyptic predictions about XF's future development, and who bolstered that with pretended, but actually fake, insider knowledge.

Not to be a negative Nancy...but I'll believe it when I see it. I don't mind them taking a break from development in order to put food on the table during this lawsuit...but I would have expected them to be upfront and honest with us about it.

 

[ENF]

PACER Updates for: 12/3/2012

REPLY Support MOTION to Strike Sullivan's Answer and Enter Default Against Him Plaintiff's Notice of Motion and Motion for a Court Order Striking the Answer of Defendant Sullivan and Entering a Default Against Him[147] Plaintiff's Reply in Support of Motion for a Court Order Striking the Answer of Defendant Sullivan and Entering a Default Against Him filed by Plaintiff vBulletin Solutions, Inc.. (Fraioli, Patrick)

MINUTES OF Final Pretrial Conference held before Judge Manuel L. Real: The Court re-sets this matter for Final Pre-Trial Conference to February 4, 2013 at 11:00 a.m. The Jury Trial date of January 15, 2013 at 9:00 a.m. is vacated, to be re-set at the time of the Final Pre-Trial Conference. Court Reporter: Sheri Kleeger. (pj)

View/Download Documents:

#154 - Reply to Support Motion
#155 - Minutes of Pretrial Conference

Current Court Date Changes:

December 17, 2012 - Active/Planned
January 15, 2013 - Cancelled (to be rescheduled after 2/4/2013 hearing.)
February 4, 2013 - Pretrial Conference

 

[ManagerJosh]

PACER Updates for: 12/3/2012




View/Download Documents:

#154 - Reply to Support Motion
#155 - Minutes of Pretrial Conference

Current Court Date Changes:

December 17, 2012 - Active/Planned
January 15, 2013 - Cancelled (to be rescheduled after 2/4/2013 hearing.)
February 4, 2013 - Pretrial Conference

Hm.... why the change in trial date? Jadmperry? Speculations?

 

[vVv]

Oh god, Feb 2013 date now?... Thought judge didn't want anymore delays and extension and etc, thought he wanted to get this over with.. sigh.

 

[ENF]

Oh god, Feb 2013 date now?... Thought judge didn't want anymore delays and extension and etc, thought he wanted to get this over with.. sigh.

The trial date has been vacated, meaning it's being moved. The pretrial conference will happen 2/4/2013 and then the trial will (likely) be rescheduled then.

Expect the actual trial to happen sometime after February 2013, unless they can get it scheduled during February 2013.

 

[Adam Howard]

Oh god, Feb 2013 date now?... Thought judge didn't want anymore delays and extension and etc, thought he wanted to get this over with.. sigh.

The judge did.

This seems to have been signed off by the clerks office after the last "gathering"

I think Internet Brands Inc / vBulletin is trying to use under handed tactics as away to bypass the original judges order through the clerks office..... And yet.... Looking at this would suggest something came before this and thus we're missing a document.

 

[vVv]

The trial date has been vacated, meaning it's being moved. The pretrial conference will happen 2/4/2013 and then the trial will (likely) be rescheduled then.

Expect the actual trial to happen sometime after February 2013, unless they can get it scheduled during February 2013.

ah okay.. but what happens if Feb comes, then they do this yet AGAIN.. and then it's made like March or April.. because trial date was vacated once again? lol. So in 2020...we could see a possible end to all this

 

[cclaerhout]

It would like to say "it's -only- 2 weeks more... after a procedure of 2 years" but there's something I don't understand:
The 4th of February would not be the trial but a "pretrial" ? What's this?

 

[Brent W]

The trial date has been canceled and there is not another one set now. February is just a talking session, basically. We don't know when the new trial date will be and I for one will start looking elsewhere for forum software. I was fine with giving xenForo until the trial was over, granted that the trail was to start in January like planned. But I will not waste more time into next year, with no updates and no communication from Mike or Kier.

It's a shame because I really don't blame you guys for everything and know that Internet Brands will probably win this with their big bank lawyers. The pressure was never on them to do anything and they put it all on you.

However, this was the last straw for me when it comes to holding out hope. It's been 2 years and 2 months since the lawsuit has been filed and your lawyers have still not managed to get this to trial. No matter who the fault, the lack of any progress over the last 9 months and this update are just too much. Maybe you can pull it through. Maybe you can't. I'll still be around to see what happens but this was a big blow, when it came to whether or not I was going to renew my licenses. I can buy 5-6 new IP.Board licenses for what it would cost me to renew the ones I have expired by the time you guys get to a trial.