Good Luck tomorrow KAM!

[Jake Bunce]

Just keep in mind that settlement is at the discretion of the two parties. There doesn't have to be a legal basis for a settlement decision, so don't go reading into the outcome too much. Lack of a settlement could mean anything from a genuine disagreement to spite, and it would not indicate any favor for either side. I just want to put an end to that speculation before it starts.

...or maybe there will be a settlement. We'll see. If not then we can look forward to a ruling on summary judgment.

 

[Kim]

Yep, either way it is a turning point Jake

 

[lazer]

Here's hoping that judicious sense is the order of the day.

Good luck guys.

 

[Miner]

Good Luck!

 

[Morgain]

Sending love and best wishes to KAM​

for the settlement conference today.​

Started UK Weds 6pm California Tues 10am​

​

​

QUESTIONS OFTEN ASKED ABOUT THE CASE - PLEASE READ BEFORE ASKING!
# Dates expected: The settlement meeting starts today Feb 13 but we cannot know how long it might last. It may be several days before we get news. If agreement is reached the exact details may /may not be made public.
If NO settlement is made the Judge can then rule finally on the case. He can also choose to hold a trial.
If he chooses a trial, he will announce the date March 4, and it is expected to be during March
# Status of XF licences: This has been thoroughly discussed. An XF licence is your property which cannot be taken away from you now or later.
# Development of XF: There is no definite official explanation for why development was stopped. .WARNING Discussion of the development issue gets the discussion thread CLOSED and the instigator may be moderated.
There are various unofficial speculations on why development has stopped. Some are sensible and intelligent, based on some legal knowledge, awareness of how a big court case crashes your life, and the need for the developers to make a living on other work (XF income going on legal fees). There are also shock horror interpretations which cook up rumours about KAM personal matters and prophesy doom. (For more info do searches here or on other admin forums.)
Prospective buyers if they feel XF as it is now, plus the addons in Resources, does not meet their needs, are advised to wait to purchase until the case ends.
Bug fixes and security continue and so has support both tickets and forum community.

 

[Lee]

Ummm, its Wednesday today

Have you lost a day up there? -------^

 

[Morgain]

Ummm, its Wednesday today

Have you lost a day up there? -------^

There's no report the settlement conference is over.

 

[Lee]

There's no report the settlement conference is over.

I thought the trial started today? Which is Wednesday. You have put started Tuesday 6pm. lol

 

[Andrej]

If there will be no settlement, will the Judge rule on the case at that time, or there will be a separate date?

 

[TsinJu]

Well, never wished anything here So, i really, really wish you guys good look. Hopefully you guys will find a way to get it sorted.... Finger´s crossed.

 

[Adam Howard]

If there will be no settlement, will the Judge rule on the case at that time, or there will be a separate date?

1 of 2 things

Either the judge will make a ruling by default or this will go to trial. Of the two most likely I'd guess go to trail, but the judge has left the possibility of making a default judgment.

 

[Rho Delta]

Good luck guys, hopefully we can put this behind us and get XF development cranking again!

 

[DaKat]

Good luck, guys - we're all with you!

 

[Deleted member 7866]

Finger crossed! Good luck guys!

 

[duderuud]

Let's hope today is the day it will all be over (in favour of XF of course)

 

[jadmperry]

No, the judge won't rule today on the merits. The only thing that will happen today is a potential settlement (which, based on the filings and the position of the parties seems unlikely). If a settlement is forthcoming, I would expect a filing in the next few days reflecting that this may be a possibility and the parties are discussing the terms. If it is not forthcoming, I would expect a filing (again in the next few days or sooner) stating that no settlement is contemplated.

 

[jadmperry]

1 of 2 things

Either the judge will make a ruling by default or this will go to trial. Of the two most likely I'd guess go to trail, but the judge has left the possibility of making a default judgment.

No, "default judgment" is a specific term of art meaning a party has not appeared or prosecuted their case and the clerk of the court or the judge has entered judgment against that party.

Not trying to sharp shoot you here, just trying to short circuit discussion of extraneous issues/points.

 

[gordy]

Good luck!

BTW, most ghastly font ever

 

[Adam Howard]

No, "default judgment" is a specific term of art meaning a party has not appeared or prosecuted their case and the clerk of the court or the judge has entered judgment against that party.

Not trying to sharp shoot you here, just trying to short circuit discussion of extraneous issues/points.

The term I should have used was "summary judgment" (not default), which the judge has left open as it was deferred (not denied).

 

[jadmperry]

The term I should have used was "summary judgment" (not default), which the judge has left open as it was deferred (not denied).

Yeah, terms aside, if I had to guess, assuming (as I do) that nothing happens today in terms of settlement, I would guess that you will see some further (or all) counts dismissed/ruled in favor of XF on summary judgment and if there are remaining counts, perhaps a trial after which, on close of the evidence in the plaintiff's case, all remaining counts are dismissed/ruled in favor of XF as a matter of law (due to lack of evidence presented allowing for judgment under any theory in favor of VBSI). Just a guess, you never know how things will play out beforehand.