California Case Update

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Involuntary Dismissal; Effect. If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss the action or any claim against it.

Maybe IB wants it to get dismissed.
So they can appeal.
Remember, the goal isn't winning ... it's to drag things on and on.
I think I would want IB's ability to appeal severely hampered before I would want to get anything dismissed.
 
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xenforo.in.court.nov.5th.webp


:)
 
Maybe IB wants it to get dismissed.
So they can appeal.
Remember, the goal isn't winning ... it's to drag things on and on.
I think I would want IB's ability to appeal severely hampered before I would want to get anything dismissed.

Dig naughty - this was well analysed already. A dismissal will not leave scope for appeal. (Jadmperry)
 
Maybe I'm reading it wrong, but it looks like its a motion to dismiss charges against Kier only?

What about Mike, and XenForo as a company?
 
Congratulations XenForo.

By invoking rule 41 with all things presented... There can only be 1 of 2 possibility

1) All current pending unfilled motions are dismissed with order of trail .... ie... They've forced the hand and there can be no further delay. Trial will continue, but with whatever IB has completed (which isn't much). In fact with what little they have it's likely going to be a short case (if not dismissed on that day).

2) It's dismissed out right in November.
 
Motion File Date: October 1, 2012
File Pre-Trial Conference: October 24, 2012
Scheduled Motion Hearing: November 3, 2012
Discovery Cut Off: November 13, 2012

Anyone get the feeling IB is about to slam XF with a tsunami of complaints so close to the discovery cut off date only to validate Rule 41? :P
 
Anyone get the feeling IB is about to slam XF with a tsunami of complaints so close to the discovery cut off date only to validate Rule 41? :p

It is possible, but the judge is seriously over their BS right now. If they came back with over-the-top ridiculous claims, he would not be to happy with them.

However, KAM's lawyer is a seriously good writer and drops very subtle jabs at the IB legal team. Love reading their filings, lol... But I want this over...
 
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