XenForo's lawyer has just requested summary judgment in their favor because, "there is no genuine issue of material fact with respect to Plaintiff’s claims." Each claim against XenForo is then addressed individually. This motion will be heard on Jan 7, 2013.
IB just filed the expected opposition to the motion for summary judgment. They claim facts are in dispute which would require a trial to sort out. The court date for summary judgment is still Jan 7, 2013.
And XenForo just filed the expected reply in support of their motion for summary judgment. Again, this motion will be heard on Jan 7, 2013.
The judge has deferred (not denied) a ruling on summary judgment. He has instead ordered the parties to settle.
There are no firm dates on any of this. The two parties have been ordered to schedule a settlement conference at the earliest possible date, and the deferred ruling on summary judgment no doubt depends on the outcome of the settlement conference. So we just have to wait and see what happens. One might expect an outcome (for settlement or summary judgment) before the pretrial conference on Feb 4.
From previous documents we know the judge stated that this case was ripe for settlement. We also know that the two parties have apparently broken off settlement discussions. And now the judge is ordering the parties to attend a settlement conference. The judge obviously wants this case to be settled between the two parties.
The settlement conference has been scheduled for Feb 13, 2013.
The parameters of the conference are defined in the court order. Basically the two parties will sit down with a magistrate judge who will provide an objective appraisal of the case for the purpose of reaching a settlement. Both parties will have a representative present with full settlement authority. They will talk costs, fees, damages, etc, and the magistrate will be there to provide an objective measure.
The conference is confidential. We as outside observers will not know what is said during the conference. We will only know the outcome (settlement or not). If a settlement is reached, we may not know the terms of the settlement. It depends on if the two parties agree that the terms be made public.