Sequels strife

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Elestan
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Re: Sequels strife

Post by Elestan » Tue Feb 12, 2019 6:51 am

Matthias wrote:
Tue Feb 12, 2019 5:34 am
To English, please?
https://www.courtlistener.com/docket/62 ... eiche-iii/
Stardock was trying to get a last minute delay on Brad's deposition. P&F opposed a delay, and the Judge denied Stardock's request, so Brad was presumably deposed yesterday (Monday, Feb 11).

The parties need to meet later this week to figure out the schedule for the trial going forward.

Matthias
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Re: Sequels strife

Post by Matthias » Tue Feb 12, 2019 11:17 pm

Anything we can take away from that or is that pretty standard procedure?

Elestan
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Re: Sequels strife

Post by Elestan » Wed Feb 13, 2019 12:27 am

Matthias wrote:
Tue Feb 12, 2019 11:17 pm
Anything we can take away from that or is that pretty standard procedure?
Not much, other than that the Judge(s) appear to be running out of patience with this procedural bickering, and are unlikely to look well on the parties attempting to delay or complicate things further without a very good reason.

krulle
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Re: Sequels strife

Post by krulle » Wed Feb 13, 2019 7:58 am

Well, I consider having GoG and Valve/Steam as new parties in the procedure to be good reasons, as well as Ford's (alleged) refusal to hand over evidence before his deposition, thus making it more difficult for Stardock's attorneys to find stuff in the material they can ask questions about during the deposition.

But then, the judge surely has good reasons otherwise to deny requests.
She wants this to get over with too.

Matthias
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Re: Sequels strife

Post by Matthias » Wed Feb 13, 2019 8:41 am

Ooh. What evidence are they saying Ford is withholding?

krulle
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Re: Sequels strife

Post by krulle » Wed Feb 13, 2019 11:59 am

Nothing.
Just that Reiche declined to offer materials now, but will do so after deposition.



Request by Stardock:
MOTION FOR A PROTECTIVE ORDER IN THE FORM OF A STAY OF PARTY DEPOSITIONS; REQUEST FOR A MODIFIED SCHEDULING ORDER; REQUEST FOR A STATUS CONFERENCE
After depositions began, however, it became clear that counsel for Defendants was
focused on identifying alleged discovery deficiencies, instead of substantive issues in the case.
(Reminder: Defendants are Reiche/Ford)
7 At the same time, Stardock and Valve have been pursuing additional written discovery
8 and document productions from Defendants regarding the claims against them. Yet no further
9 discovery has been forthcoming. In fact, Defendants have indicated that they will not produce
10 documents in response to Valve’s requests for production
(which were made on December 21,
11 2018) until March 4, 2019—after the deposition of Defendant/Counter-Plaintiff Frederick Ford
12 is scheduled to take place on February 26, 2019
. The deposition of Defendant/Counter-Plaintiff
13 Paul Reiche is set shortly thereafter, for March 14, 2019. Additionally, and critically,
14 Defendants/Counter-Plaintiffs have not provided a response to interrogatories to indicate, very
15 basically, what elements of Stardock’s games are alleged to be infringing what allegedly
16 copyrighted works belonging to Defendants/Counter-Plaintiffs. Instead, Defendants/Counter-
17 Plaintiffs have posted vague charts on their website. (See Ex. A.)
So, Stardock requested some documents, and has not received them yet.
And they complain (once again) about Ford/Reiche not specifying in details all alleged copyright infringements, and specifically point out the elements they find infringing.

Elestan
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Re: Sequels strife

Post by Elestan » Wed Feb 13, 2019 2:29 pm

krulle wrote:
Wed Feb 13, 2019 7:58 am
...Ford's (alleged) refusal to hand over evidence before his deposition, thus making it more difficult for Stardock's attorneys to find stuff in the material they can ask questions about during the deposition.
P&F are making similar complaints (p3):
P&F's Attorney wrote:10 Unfortunately, Stardock failed to comply with the parties’ agreement and has continued to
11 flout its discovery obligations.
12 First, Stardock failed to produce its remaining responsive documents by Feb. 1, 2019.
13 Instead, Stardock produced what we understand is approximately 3,000 documents, ten times what
14 its counsel previously disclosed, and 30,000 audio files around 4:40 pm on Feb. 5, 2019, less than
15 a week before the rescheduled depositions. Due to the size and nature of this production, Reiche
16 and Ford’s counsel have still not been able to review it.
17 Second, on Feb. 6, 2019, Stardock moved for a protective order to stay the aforementioned
18 depositions purportedly based on the realization that there are another 10,000 responsive emails
19 that Stardock still has not produced. See Dkt. 106.

krulle
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Re: Sequels strife

Post by krulle » Wed Feb 13, 2019 6:28 pm

One disclosing nothing, and the othr so much that nobody's able to review it with sufficient detail....

It's all about tactics....
No wonder the Judge wants to get rid of the case, and denied the blanket stay of depositions....

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Draxas
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Re: Sequels strife

Post by Draxas » Thu Feb 14, 2019 6:18 pm

Tactics indeed. Stardock, as expected, is trying to stall for as long as possible, hence requesting extensions and heaping immense amounts of "discovery evidence" on F & P's lawyers. The more billable hours they accrue, the less able F & P are to remain in the game. 10K emails is a slick way to try to get them to hemorrhage money in legal fees. Conversely, F & P appear to be trying to hurry things along at as brisk a pace as possible. They're likely "hiding" something (and being as obvious as possible about it, again, as a tactic) they think will be damning to Stardock's case, probably in the context of Fred's deposition which is why they are withholding it until afterward. Of course, this also is designed to make Stardock sweat a little, as well as keep them off guard for whatever is coming, with maybe a glimmer that perhaps they will be more apt to settle rather than deal with whatever this revelation will be.

I can imagine the judge is completely fed up with the back and forth bickering at this point, and almost certainly sees these ploys for what they are, which is why things are not being allowed to drag out for longer than they already have been.

krulle
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Re: Sequels strife

Post by krulle » Thu Feb 14, 2019 6:53 pm

Pity that the content of whatever discover material has been handed over falls under non-dislosure requirements...
Otherwise they could outsource sifting through e-mails to "us"....

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