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When is next Xenforo lawsuit date?

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jadmperry

Well-known member
#3
I actually think the link is outdated...the case has been referred to a magistrate for further proceedings. There are no hard deadlines that have been set (as far as I know). Probably a few months, if I had to guess.
 

ENF

Well-known member
#4
I actually think the link is outdated...the case has been referred to a magistrate for further proceedings. There are no hard deadlines that have been set (as far as I know). Probably a few months, if I had to guess.
The link is the latest, correct information (that we have). They moved the pretrial conf. to March with the settlement/magistrate thing happening now. (which we've heard/read nothing about as of yet.) Unless we've totally misunderstood the magistrate process and why they bumped the pre-trial conf. date to March?
 

Digital Doctor

Well-known member
#5
The final pretrial conference has just been moved back a month to March 4, 2013.

Jake said: The judge is apparently inclined towards settlement in this case. And his deferment of summary judgement suggests he is prepared to issue a summary judgement 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 judgement.

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

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

jadmperry

Well-known member
#6
The link is the latest, correct information (that we have). They moved the pretrial conf. to March with the settlement/magistrate thing happening now. (which we've heard/read nothing about as of yet.) Unless we've totally misunderstood the magistrate process and why they bumped the pre-trial conf. date to March?
Something doesn't seem right...I haven't time at the moment to check on PACER, but I would like to see the order referring the case to the magistrate. (Just checked Shamil's post in CA Lawsuit thread, and the links to documents all come back with 404 errors). This March pre-trial date seems odd given the magistrate referral. (I also don't think the parties have been ordered to settle. They may have been encouraged to settle, but that is a different matter).
 

KozmoK

Active member
#7
Is Xenforo (Kier etc) not allowed to discuss any of the trial? You would think they would give us an update or something - throw us a bone, since so many of us have converted our VB to Xenforo, and no updates have been made by the staff in a very long time - making us wonder if we made a mistake in converting to their software.

Sorry, just feel I made a big mistake that would take mass efforts to revert back - love this software - but would like to go a direction where there is regular update/upgrades

Don't need to flame me, just frustrated like the rest of you. I know it was my decision to convert to XF, and I have to suck it up. Just want a "Hang in there" from the staff, before I do spend 2-3 weeks converting back, and then screw up my google rankings - my site is monetary based so it does affect me bigtime.

Live long and prosper!
 

Slavik

XenForo moderator
Staff member
#8
Something doesn't seem right...I haven't time at the moment to check on PACER, but I would like to see the order referring the case to the magistrate. (Just checked Shamil's post in CA Lawsuit thread, and the links to documents all come back with 404 errors). This March pre-trial date seems odd given the magistrate referral. (I also don't think the parties have been ordered to settle. They may have been encouraged to settle, but that is a different matter).
The last minutes recordered were something along the lines of both parties are ordered to attend a settlement conference with the magistrate at the soonest available date the the pretrial conference was pushed back to march
 
#9
Could that not mean the Judge is aware settlement talks have been going on between XF and IB previously. He's calling "ordering" a conference just to see if anything has been sorted between them already, is the March date necessary still.
 

topcat

Well-known member
#10
I don think I have made a mistake, i am happy with the software.

The 10001 updates by vbulletin became very tedius, I agree it would be nice to have an update of the xenforo software but everyone seems to want an update for the sake of an update. Last thing I want is an update which will stop all my mods from working and then have to waiting for mods to be updated etc.

Just a quick query about the lawsuit, what are they actually expected to settle on.
 

Morgain

Well-known member
#11
Could that not mean the Judge is aware settlement talks have been going on between XF and IB previously. He's calling "ordering" a conference just to see if anything has been sorted between them already, is the March date necessary still.
No when this was discussed before - when this move to magistrate + settlement negotiation was made - there was no implication like that. The magistrate stage has become a kind of legal fashion as it were. Some here thought it spreads the judge's responsibility - covers his back a bit.
The settlement project sounded like it was time limited until the judge ruled (that had a datye I think) and if he doesn't on that date, he'd decide tro put it to trial.

So at the moment it's horse trading - bluff and counter bluff - to try to get the other side to back down. Our lads need to hold firm. Pretty tense and stressful for them.
 

John

Well-known member
#12
Is Xenforo (Kier etc) not allowed to discuss any of the trial? You would think they would give us an update or something - throw us a bone, since so many of us have converted our VB to Xenforo, and no updates have been made by the staff in a very long time - making us wonder if we made a mistake in converting to their software.

Sorry, just feel I made a big mistake that would take mass efforts to revert back - love this software - but would like to go a direction where there is regular update/upgrades

Don't need to flame me, just frustrated like the rest of you. I know it was my decision to convert to XF, and I have to suck it up. Just want a "Hang in there" from the staff, before I do spend 2-3 weeks converting back, and then screw up my google rankings - my site is monetary based so it does affect me bigtime.

Live long and prosper!
If it's doing everything you need and you don't have a pressing need for any "new features/new version", I wouldn't stress too much about it just yet. Believe me, you are not alone in feeling the way you do but I don't think giving it a little while longer, since it "seems" we are close to some finality with the legal issues, is bad advice. :)
 

cclaerhout

Well-known member
#13
We're almost in February now. It would have seemed normal to have a short official statement of what was going on instead of forcing members/customers to look after "PACER" updates. :cautious:
 

MsJacquiiC

Well-known member
#15
Is Xenforo (Kier etc) not allowed to discuss any of the trial? You would think they would give us an update or something - throw us a bone, since so many of us have converted our VB to Xenforo, and no updates have been made by the staff in a very long time - making us wonder if we made a mistake in converting to their software.
Any and everything Kier would say here would be spotlighted, magnified and potentially ripped apart by IB's attorneys, opening up the possibility of using their own words against them. I would imagine KAM's legal defense would advise them to say absolutely nothing. I would think such a tact would be the smartest thing to do.

Long live XF!

J.
 

Morgain

Well-known member
#16
Any and everything Kier would say here would be spotlighted, magnified and potentially ripped apart by IB's attorneys, opening up the possibility of using their own words against them. I would imagine KAM's legal defense would advise them to say absolutely nothing. I would think such a tact would be the smartest thing to do.

Long live XF!

J.
Long live XF indeed.
But as others have said IF their legal advice is not to make a statement to us, then we could be told that.
(I speak as a very strong loyal supporter as most here know but the silence is making my ears hurt.
Plus I detest bad manners.
 

MsJacquiiC

Well-known member
#17
LOL @ detesting bad manners. You'd hate me. I belch all the time for no reason at all. Could be because I ate good food hours ago or because I'm intrigued by the range of looks people give me when I let one rip yehehehe j/k

I understand though - the silence is INFURIATING! It's a wonder to even myself (with my quick temper and such) that I'm not angry and frustrated as others seem to be. I suppose just trying to keep a good outlook or perhaps complacency. Indeed - a statement regarding the lack of case updates and the deafening silence would be nice though. I'm not holding out for any - because if they were to be made - they'd have been made.

At the end of the day though - I think we should hold fast to our optimistic vigilance and support for XF.
 
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