California Case Update

Status
Not open for further replies.
jadmperry said:
I agree that XF wins this battle (and the war). And that IB has not only engaged in bad politics, but that they have made a fight out of nothing- they have no case and I cannot see a single claim they have made prevailing on their part.
Click to expand...

You'll know better than most,

With regards to appeals, can you see VB having much chance of successfully lodging one?
 
AzzidReign said:
He says he's recoding over 1 million lines to be added to/compatible with xenforo. Whether he is finished with all that, he hasn't said, but I would assume that that would taken quite a bit of time. I'm sure that when he's ready to move, he will. It would be stupid of him to move right now if he hasn't recoded all his stuff back into xf.
Click to expand...

Like he said here http://forums.digitalpoint.com/showthread.php?t=2523876&p=17882153#post17882153 he is rewriting his code to be used in any framework he chooses, it could be anything that will work for his website.
 
Slavik said:
You'll know better than most,

With regards to appeals, can you see VB having much chance of successfully lodging one?
Click to expand...

No.

(Much is speculative because the case has not concluded; it is a bit early to try to parse the case without knowing how it goes. I am not sure if you mean strictly in IB's ability to file or the likelihood of them prevailing on appeal. Either way, as things have unfolded thus far, I don't see IB winning anything in this case- at trial or on appeal).
 
Cal said:
So he says anyways. He's waiting just like a lot of people. Otherwise he would have done it a long time ago. It's no secret that he has a non-public copy of DP that runs Xenforo on his sandbox server or whatever - he releases screen shots every now and then. He's waiting to see if it's feasible to move a big forum like DP over here. That's my 2 cents although if Shawn is about maybe he'd pitch in and validate this or correct it.
Click to expand...
Not correct... I'm not (and never was) waiting for anything other than waiting for myself to finish writing ~1.3M lines of code. Waiting for something that is out of your control is a fool's game.

People seem to not understand how *much* custom functionality we have in our site. We have entire applications/products that people sign up to be a user on our site just so they can use them (they don't give a crap that we have a forum).
 
digitalpoint said:
Not correct... I'm not (and never was) waiting for anything other than waiting for myself to finish writing ~1.3M lines of code. Waiting for something that is out of your control is a fool's game.

People seem to not understand how *much* custom functionality we have in our site. We have entire applications/products that people sign up to be a user on our site just so they can use them (they don't give a crap that we have a forum).
Click to expand...
1.3 Million lines of code....... At what point does it stop being XenForo and starts being Digital Point software?
 
digitalpoint said:
Not correct... I'm not (and never was) waiting for anything other than waiting for myself to finish writing ~1.3M lines of code. Waiting for something that is out of your control is a fool's game.

People seem to not understand how *much* custom functionality we have in our site. We have entire applications/products that people sign up to be a user on our site just so they can use them (they don't give a crap that we have a forum).
Click to expand...

Good to know (y)
 
PACER Updates for 12/24/2012

Docket Text 175 said:
RESPONSE IN SUPPORT of MOTION for Summary Judgment as to Second Amended Complaint[158] filed by Defendants Kier Darby, Michael Sullivan, Xenforo Limited. (Attachments: # (1) Declaration Grace Decl., # (2) Declaration Supp. Darby Decl.)(Deitchle, Pamela)
Click to expand...
Docket Text #176 said:
EVIDENTIARY OBJECTIONS in opposition to re: APPLICATION to Seal[171] and Opposition to Motion for Summary Judgment filed by Defendants Kier Darby, Michael Sullivan, Xenforo Limited. (Deitchle, Pamela)
Click to expand...

View/Download Documents:

#175 - Response for Support of Motion for Summary Judgement (21 Pages)
#175-1 - Declaration Grace (64 Pages)
#175-2 - Declaration Supp. Darby (8 Pages)
#176 - Defendants' Evidentiary Objections (5 Pages)

Some documents are not attached due to size. Please click on the document number to view or download.
 

Attachments

Juicy information.

1) No settlement discussions since November, which likely means no settlement will happen:

Screen shot 2012-12-24 at 12.09.06 PM.webp

2) Furthermore, it is now revealed that the extra defendants have been dismissed by IB, after IB themselves delayed the trial for a year in order to add those new defendants:

Screen shot 2012-12-24 at 12.09.38 PM.webp

This should be particularly damning for IB's position with respect to the legal proceedings. The court granted IB a one year delay and IB dropped the ball big time. The judge can't like this.
 
Jake Bunce said:
Juicy information.

1) No settlement discussions since November, which likely means no settlement will happen:

View attachment 38451

2) Furthermore, it is now revealed that the extra defendants have been dismissed by IB, after IB themselves delayed the trial for a year in order to add those new defendants:

View attachment 38452

This should be particularly damning for IB's position with respect to the legal proceedings. The court granted IB a one year delay and IB dropped the ball big time. The judge can't like this.
Click to expand...
This sounds great!!!!
 
Jake Bunce said:
Juicy information.

1) No settlement discussions since November, which likely means no settlement will happen:

View attachment 38451

2) Furthermore, it is now revealed that the extra defendants have been dismissed by IB, after IB themselves delayed the trial for a year in order to add those new defendants:

View attachment 38452

This should be particularly damning for IB's position with respect to the legal proceedings. The court granted IB a one year delay and IB dropped the ball big time. The judge can't like this.
Click to expand...

Gosh, I can hear the Judge grinding his teeth now.
 
As I once posted, a motion for summary judgment is about material fact that has been established through testimony, discovery, etc. In that respect, summary judgment differs from the entire rest of this case so far in which IB has been dealing with claims and persuasive argument. IB has been looking for facts to support their claims, but with summary judgment the facts have already been established. XenForo's lawyer rightly makes this distinction:

Screen shot 2012-12-24 at 12.18.34 PM.webp

Screen shot 2012-12-24 at 12.22.52 PM.webp

We will see what the judge thinks on Jan 7. If the judge thinks that the material facts are in dispute then it must go to trial. Otherwise we may see a ruling on some or all of the claims before they ever go to trial.
 
IB's entire case seems has been in doubt since the beginning. Still not a factual piece of evidence provided by IB, to date, showing a clear violation of any claims made against Xenforo staff.
 
I just enjoyed reading these documents while the wife prepares the Xmas dinner tomorrow :)
I am lucky.
The documents strengthen my feeling that Bob Brisco is a scum bag.
 
Status
Not open for further replies.
Top Bottom