California Case Update

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This thread sucks.

someone explain to me why a non-shareholder of a company is entitled to a report from the company owners on the status of a lawsuit? kindness? You're the owner of a product, there were no promises made beyond that. Even if kier did post he's no longer developing until this resolved, seen as he's probably feeding himself/family another way now, what will that prove to most of you? So many people hanging around whining about the hundred bucks you've possibly lost, it's been two years and you still use xenforo - that's your problem, you should have done something about it a year ago. Get it into your heads you are entitled to nothing but updates and a yearly license, you're now the owners of a product that is in a legal limbo for the unforseen future. Don't let the community like nature of this forum confuse you that you are entitled to a personal explanation or status update in a post other then the company statement ashley made in the past.

Welcome to the business world, children. You don't always get what you want.
 
PACER Updates for: 12/10/2012

Docket Text #158 said:
NOTICE OF MOTION AND MOTION for Summary Judgment as to Second Amended Complaint filed by defendants Kier Darby, Michael Sullivan, Xenforo Limited. Motion set for hearing on 1/7/2013 at 10:00 AM before Judge Manuel L. Real. (Attachments: # (1) Declaration Sullivan Decl., # (2) Declaration Darby Decl., # (3) Declaration Deitchle Decl., # (4) Exhibit Deitchle Exhs. 1-5, # (5) Exhibit Deitchle Exhs. 6-8, # (6) Exhibit Deitchle Exhs. 9-15, # (7) Exhibit Deitchle Exh. 16, # (8) Exhibit Deitchle Exhs. 17-23, # (9) Proposed Order Prop Order)(Deitchle, Pamela)
Docket Text #159 said:
NOTICE OF LODGING filed Statement of Uncontroverted Facts & Conclusions of Law re MOTION for Summary Judgment as to Second Amended Complaint[158] (Deitchle, Pamela)
Docket Text #160 said:
NOTICE of Manual Filing filed by Defendants Kier Darby, Michael Sullivan, Xenforo Limited of application to file declaration under seal. (Deitchle, Pamela)

View/Download Documents:

#158 - Summary Judgement Motion [January 7, 2013 - 10AM]
#158-1 - Declaration - Sullivan (12 Pages)
#158-2 - Declaration - Darby (37 Pages)
#158-3 - Declaration - Deitchle (4 Pages)
#158-4 - Exhibit - Deitchle 1-5 (28 Pages)
#158-5 - Exhibit - Deitchle 6-8 (39 Pages)
#158-6 - Exhibit - Deitchle 9-15 (75 Pages)
#158-7 - Exhibit - Deitchle 16 (88 Pages)
#158-8 - Proposed Order (2 Pages)
#159 - Defendants' Statement of Uncontroverted Facts & Conclusions of Law
#160 - Manual Filing Notice (sealed exhibits)

Most all of these documents cannot be attached here due to size. Please click on the document number to view them.
 
I want his job.

Screen shot 2012-12-10 at 6.31.20 PM.webp
 
conclusion.SAC.dismiss.with.prejudice.webp


Source - http://xflegal.com/xfl/2012/xfl-158.pdf

mike.and.kier.xenforo.rollercoaster.webp

I hope all is well with Mike and Kier.
The rollercoaster ride that is Xenforo has certainly bruised all passengers aboard.
The impatient have said that the Xenforo rollercoaster has derailed, but the vast majority are enjoying their great Xenforo forums and look forward to brighter days ahead.

2012 was a very rough year.
which will make the 2013 ride to victory that much sweeter.
(Not to mention it's not hard to outdue the other rollercoasters that are either slow and ugly or basically DOA.).
 
Fingers crossed. While my main reason for not yet upgrading from vB 3.8 to XF is my lack of spare time it would be nice to have this case out of the way and to see some continuous development :)
 
You are seriously underpricing us... $1000.00 a day? That's only $125.00 an hour for an eight hour period..
Senior != Manager. And "approximately" means it's... an approximation. ;)

EDIT :
It depends on the specific industry and targeted business. $200 USD/Hour is the minimum within the industry I work in (risk). The upper Senior Managers have billable rates of $600 USD/Hour on average. (I'm converting yen to USD, but you get the idea.)

Cause this is off topic, I don't want to post in reply, but the hierarchy I use where I work is the following:
Junior Consultant < "Confirmed" Consultant < Senior < Manager < Senior Manager < Associate
With rates starting from 300$ a day for Junior Consultants, and finishing too high to tell for associates. :D
 
Senior != Manager. And "approximately" means it's... an approximation. ;)

It depends on the specific industry and targeted business. $200 USD/Hour is the minimum within the industry I work in (risk). The upper Senior Managers have billable rates of $600 USD/Hour on average. (I'm converting yen to USD, but you get the idea.)
 
It depends on the specific industry and targeted business. $200 USD/Hour is the minimum within the industry I work in (risk). The upper Senior Managers have billable rates of $600 USD/Hour on average. (I'm converting yen to USD, but you get the idea.)

Makes my $75 an hour rates seem reasonable :eek:

On topic, just read through all ~ 300 pages... quite something to digest.

However I think the Judge will deny the motion in favor of getting it to trial.
 
Makes my $75 an hour rates seem reasonable :eek:

On topic, just read through all ~ 300 pages... quite something to digest.

However I think the Judge will deny the motion in favor of getting it to trial.

OT: Don't want to open a can of worms, but essentially, the global financial problems drove up demand in our field of work. During this year and going into 2013, this is the busiest I have ever been.

BOT: I finally read through a lot of those inquiry sessions included in the last set of documents. It all just feels like a big waste of time and money, which I guess is the whole point. This case however, makes me wish I had taken more classes in college about law and legal procedure.
 
I wonder how many times the $100,000 consultant got excited when he saw:
PHP:
foreach ($threads AS $thread)
In both products...

"OMG THEY COPIED!"
* Writes another $10,000 invoice.

I love KAM's legal defense. Whenever I read it I go away thinking.. oooh... burn... That's gotta hurt IB. And we all know the truth hurts.

I'm with Slavik. I also think this will be denied and it will go to trial. But, as ever, good luck for Jan 7th. My dad's birthday.
 
So would that $100k be part of the costs that IB would try to get awarded against XenForo in the (unlikely) event that the Judge decides in their favour?
 
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