Settlement Talks

If there was a settlement at least the close of the case has to be announced in PACER. However, the lawyers decide when they do it. The longer they wait, the more it is likely that a settlement has been reached..

 

I wouldnt imagine Kam have money to pay anyone what would likely be a substantial amount. (not worth settling for cash if your attorney's fees arent covered which im sure IB has spent hundreds of thousands on)

 

Agreed. An you'll likely see the same announcement on both sites, written by the lawyers.

 

Agree, it will follow a similar path vBGallery did. No specifics was released about that settlement deal, so expect a similar thing to happen with XenForo. All we'll know is they settled, we should hear soon about it if they have. If nothing lands on PACER this next coming working week then it isn't looking good.

I'm guessing the only real position KAM are in with a settlement. Is either accept a deal Internet Brands put forward suiting them, or reject it and go to trial. Doubt KAM can "buy their way" out this with cash, only asset KAM have is to offer XenForo software up as part of a settlement deal. That could be Internet Brands own XenForo, or KAM offer to close things down for good. Would depend on what IB are after?

Good point.

 

if they don't settle, what is the next court date?

 

March 5. But this is not a court date, it is a pretrial conference were they need to agree at a date for the real trial to start.

People are asking at Xenforo forums for an update. And guess the answer of the officials? "It is weekend and the courts are closed." They think their customers are silly and can be treated that stupid. Kier, Mike and Ashley know exactly what's going on. And if they are in "daily contact" (like Slavik and Jake posted some time ago when people asked if the developers are at least still reachable) with their people you can't tell me that they haven't ask until now....

 

All people can do is wait until Monday comes and see if out appears on PACER between then and Friday. There still could be a delayed pacer update, you don't know yet? So need to see if anything gets listed on it by then. But if another week passes and nothing does hit pacer, then that would be the time to start wondering why? People are not stupid, they know the average has been "two days" before something is listed. So if it gets 7 working days and still nothing, then it's looking like they settled.

All these hours in settlement talks already carried out (and still ongoing), it just sounds like XenForo are in the process of agreeing something, if they haven't done so already to me.

 

The next planned date is actually March 4th @ 11:00 AM PST.

As there have been no further updates either from XF or on PACER, it's anyone's guess as to what is going on. Notably, the March 4th hasn't been changed, so we can assume that will go on as scheduled unless a change is filed this week.

I also noted that none of the events have been 'terminated'. So thats:

1) Settlement Conference - Still active.
2) Summary Judgement Motion - Still active.
3) Pretrial Conference for March 4th - Still active.

There's been nothing new on any of these events since 2/14/2013.

Cheers.

 

I think a settlement has already been reached. All we'll see is a close of the lawsuit. I doubt there will be anything officially announced soon. It is more likely that XenForo simply closes it's doors without any notification. Would fit to their communication style. ;-)

 

Settlement has been reached. Case is over. At least there is a small chance now that someone will officially develop XenForo again. Which is better than silence and stagnation.

 

MINUTES OF Settlement Conference held before Magistrate Judge Victor B. Kenton:The Court met with counsel for a continued session of settlement discussions, and the matter did result in a full and complete settlement. It was agreed on the record that the Settlement Agreement and Mutual Release constitutes a binding settlement in this matter.The Court notes that the Settlement Agreement and Mutual Release must still be executed by the parties,and further notes that it is provided therein that within five (5) business days of the parties execution of the document, Plaintiff shall file a Notice of Dismissal With Prejudice.The Court advised counsel to contact the District Court with regard to any pending hearings.Court Recorder: c/s. (rh)​

 

I think it is pretty safe to assume Xenforo as an IB owned script and Kier/Mike as richer dudes compared to yesterday.

Everyone wins expect Xenforo customers

 

wow. How about IB get xenforo and drops its other lawsuits.

what if they get what they wanted and avoid the extra expense and uncertainty of a trial? that's a 'gain' reason to settle.

 

XenForo software users may win also. Better the product is developed by IB coders than stopped completely.
I highly doubt IB will just close sales and hide XenForo in favor of the really bad vB software. They know themselves how good and valuable it is.

 

I was thinking about Photopost - vBGallery earlier.

I had a meeting with my lawyer earlier to see what he will say about the news and he says if they are settled , there is nothing left for you to worry. So if settlement will take place , i will be one of the happiest person and a huge stress will be gone from my shoulders.

Wishful thinking , i also hope that happens but realistically IB will not drop anything. They are a big corporation and they can cover lawyer costs easily. Still i hope Xenforo will survive with Kier and Mike but that is less then 0.5% in my opinion.

 

They have, so your worries are over. A full agreement settlement took place on the 20th. All we are waiting to hear now is in what way?

 

I have to say this like many others who've thinking the same way:

1. It's been 7 days since the Settlement, and KAM cannot even utter a word to tell it's Customers what has happened; someone else found out and reported it!.
2. Kier, has been visiting XenForo often since that Settlement was agreed; especially today, and said nothing; this is just not right to tease in this way; we would like some kind of news from KAM!