California Case Update

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With regards to the pacer update, what are we likely going to be seeing here?

Is it going to be a case of "Magistrate feels case is frivolous, judge agrees, case dismissed" or something more along the lines of "Magistrate has passed their review back to the judge for review, to be discussed at the next hearing".
 
Who does not, except IB
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David McHenry? (Who sucks)
 
With regards to the pacer update, what are we likely going to be seeing here?

Is it going to be a case of "Magistrate feels case is frivolous, judge agrees, case dismissed" or something more along the lines of "Magistrate has passed their review back to the judge for review, to be discussed at the next hearing".

Nothing on PACER yet (0821 / 09 JAN 2013)
 
Hmm. I'm beginning to smell negotiations are going on. That would hold things up and cause silence on record.
Which is good for our boys.
 
I'm going to make a wild guess and state that it will probably take a good week or two, maybe more, for the magistrate judge to review and circle back with the trial judge who will then take a few days to review that decision and publish the results.
 
I'm going to make a wild guess and state that it will probably take a good week or two, maybe more, for the magistrate judge to review and circle back with the trial judge who will then take a few days to review that decision and publish the results.
Sadly I think you may be right there :(
 
Magistrates are not commonly know for their speedy replies to things (when it concerns judgment of any kind). While the judge may have only forwarded a copy of a summary, the magistrate may very well take the time to review every note, document, and piece of submitted evidence from the very beginning. Everything (including what may have been tossed out).

They typically like to go about it as if they were time travelers or historical archaeologist. Normally they will review and follow the whole history of a case from day one all the way until today.... So that they may view things "as if" they were originally there from day one.

The positive side to this is that when a judge forwards or defers to a magistrate, it normally (not always) means the judge has already formed an opinion based upon what evidence has been submitted & wants to get a 2nd opinion to go along with it to avoid having someone appeal it.

Which in the case of Internet Brands / vBulletin wouldn't be out of the scope of their agenda of abusing the legal system as they have done and continued to demonstrate a willingness to do (in my opinion).

The possible negative side to this is that magistrate is human (obviously) and just like every person, we all form our own opinions (opinions are like a**holes, everyone has one). And so there is the possibility that the magistrate could come to an entirely different opinion and view-point on the case (It has known to happen). Things get complicated then.... Most likely it could get deferred to trial (most likely) or the magistrate could even make his / her notes of opinion on the case (not normally likely, rarely happens).

I personally, like many of you, expect (hope) the magistrate to come to the same conclusion as everyone else here (generally speaking) and will of course see exactly what Internet Brands has been doing.... Acting as a monopoly and abusing our legal system by filling a wrongful case against XenForo in hopes to damage their income and credibility (damage a valid competitor by legal means as a business tactic).


Whatever the outcome though... Do not expect it to happen over night. Magistrates like to be very thorough and are generally well known for documenting everything before making any recommendation or judgment.
 
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