Status of lawsuit

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Jake Bunce

XenForo moderator
Staff member
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.
 

Jake Bunce

XenForo moderator
Staff member
IB has just requested that Mike's response to the SAC be stricken and a default judgment entered against him.

So basically Mike didn't respond to the SAC due to apparent confusion over the fate of the TAC. IB requested a default against Mike for not responding. And now that Mike has responded, IB wants that response stricken and a default entered anyways because IB does not have time to conduct discovery on Mike. The court date for this motion is Dec 17.

This is still pretrial. The trial date is still set for January 15, 2013.
XenForo just filed an opposition to this request. Basically XenForo refutes everything about the request, saying that IB is misstating and misrepresenting the history of the case in order to show "bad faith" by Mike in order to justify a default judgment against him. The court date for this motion is still Dec 17.
And IB just filed a reply in support of their motion. Again the central issue seems to be the misunderstanding about the fate of the TAC. IB would have this be a willful misunderstanding.

The court date for this motion is still Dec 17.
It appears that Mike will be filing another opposition on Dec 7 or very soon after. IB has opposed the idea of Mike filing another opposition. The court date for the original motion (for a default judgment against Mike) is still Dec 17, but it looks like we will get another opposition document from Mike before that date. Stay tuned.
The motion (see above bold text) will be heard tomorrow morning, Dec 17 at 10:00am California time (GMT -8). The ruling will be available sometime after that.
 

Jake Bunce

XenForo moderator
Staff member
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.
 

Jake Bunce

XenForo moderator
Staff member
IB has just requested that Mike's response to the SAC be stricken and a default judgment entered against him.

So basically Mike didn't respond to the SAC due to apparent confusion over the fate of the TAC. IB requested a default against Mike for not responding. And now that Mike has responded, IB wants that response stricken and a default entered anyways because IB does not have time to conduct discovery on Mike. The court date for this motion is Dec 17.

This is still pretrial. The trial date is still set for January 15, 2013.
XenForo just filed an opposition to this request. Basically XenForo refutes everything about the request, saying that IB is misstating and misrepresenting the history of the case in order to show "bad faith" by Mike in order to justify a default judgment against him. The court date for this motion is still Dec 17.
And IB just filed a reply in support of their motion. Again the central issue seems to be the misunderstanding about the fate of the TAC. IB would have this be a willful misunderstanding.

The court date for this motion is still Dec 17.
It appears that Mike will be filing another opposition on Dec 7 or very soon after. IB has opposed the idea of Mike filing another opposition. The court date for the original motion (for a default judgment against Mike) is still Dec 17, but it looks like we will get another opposition document from Mike before that date. Stay tuned.
The motion was denied (good for XenForo).
 

Jake Bunce

XenForo moderator
Staff member
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.

Two new pieces of information were part of this latest filing.

1) There have been no more settlement discussions for the last 6 weeks. One might conclude that this means a settlement will not happen which means the case will go to summary judgment (Jan 7) or trial (pretrial is Feb 4, with a trial date to be chosen on that day).

2) We just learned that IB dismissed the new defendants that were added in the SAC (Darren Gordon, Mert Gokciemam, and Colin Frei I believe). This is an interesting turn since the addition of those new defendants was one reason why the trial was delayed a year. It was supposed to be tried a year ago, but then IB requested to amend their complaints which consisted of two parts:

a) revisit two previously dismissed claims due to a change in the law.

b) add new defendants and claims.​

But now we have learned that IB never served the new defendants over the last year, and that IB has now dismissed them.
 

Jake Bunce

XenForo moderator
Staff member
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.
As usual, to preclude the question that is always asked...

The motion for summary judgment will be heard tomorrow morning, Jan 7 at 10:00am California time (GMT -8). The ruling will be available sometime after that.
 

Jake Bunce

XenForo moderator
Staff member
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.
 

Jake Bunce

XenForo moderator
Staff member
The case was not dismissed. The January trial date stands but (as I understand it) it is in question because of a backlog in the case. I would expect some kind of affirmation of the trial date soon. We'll see.
With both sides claiming a time crunch I have been looking for some affirmation of the trial date. A pretrial notice was just submitted by IB which doesn't contain any information, but it does list the trial date as January 15, 2012. Obviously the year is a typo (should be 2013). But this appears to be confirmation that the trial date has not been moved.
Scratch that. The Jan 15, 2013 trial date has just been vacated. The final pretrial conference is now Feb 4, 2013. A new trial date will be set at the pretrial conference on Feb 4, 2013.
The final pretrial conference has just been moved back a month to March 4, 2013. One might assume that this is a scheduling change to make room for the aforementioned settlement talks that have been ordered by the judge while he apparently keeps in reserve the right to issue a summary judgment should the talks fail.

Per my previous post, the judge is apparently inclined towards settlement in this case. And his deferment of summary judgment suggests he is prepared to issue a summary judgment should the talks fail. Which side is favored in all of this? That has been a subject of opinion in the big thread. But for the purpose of this update thread the timeline for the next 7 weeks looks like this:

1) Settlement talks.

2) If no settlement then summary judgment.

3) If no summary judgment then it's on to pretrial and trial.

Indications are that 1 or 2 is the likely outcome, but we will see.
 

Jake Bunce

XenForo moderator
Staff member
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.
 

Jake Bunce

XenForo moderator
Staff member
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.
Very small update...

Kier and Mike requested to attend the settlement conference by telephone. The court granted this request. This is no doubt to save the time and expense of flying out to California.
 

Jake Bunce

XenForo moderator
Staff member
The settlement conference is ongoing. The conference went for six hours on Feb 13 and three hours on Feb 14. The next meeting is scheduled for Feb 20 at 11am.

Obviously this settlement conference is not a one day affair.
 

Jake Bunce

XenForo moderator
Staff member
On Feb 20, 2013 a "full and complete" settlement of the litigation was reached. Said simply, the lawsuit is over. There will be no trial.

The terms of the settlement are still unknown. We only know that there was a settlement. The terms may yet still be revealed. You will have to wait for more documents or an official announcement. The terms still unknown, we don't know exactly what or when with respect to the settlement. Stay tuned, and please be patient.
 

Slavik

XenForo moderator
Staff member
On 27th Feb 2013 a joint stipulation was filed by both parties agreeing to the complete dismissal (with prejudice) of the case. Each side will have to pay their own lawyer and court costs.

In short, once signed off on by the Judge, the case will be dropped and can never be brought back again. The next update we can expect on PACER will most likely confirm this.
 

Jake Bunce

XenForo moderator
Staff member
First official announcement, post-lawsuit:

http://xenforo.com/community/threads/lawsuits-over-next.45107/

Kier has confirmed that the terms of the settlement agreement are confidential:

Kier said:
...Please appreciate that the terms of the settlement are confidential, and that as much as you might want to ask questions about it, we are unable to answer...
We will not know the terms. Many people are concerned with the details, such as responsibility for costs and damages. The agreement might include those things. We will never know.

In conclusion, the lawsuit is over and development is moving forward. Per Kier's announcement, development will continue, licenses will be extended, and KAM remains involved and committed.
 
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