Filing 113, 114, 115 posted

@mailman

And one more thing...

3. If they are going to get to agreement (during the judical settlement) does the trial happen nevertheless?

@mailman

No, If they come to an agreement, it would be pointless to go to trial

I expect Hyperion were given a boost when the ITEC LLC court case against them in NY was thrown out on the 4th of Aug.

Hopefully common sense will prevail all round
- but somehow I doubt it

@Mikey_C

So the trial will happen if they don't come to agreement in October.

@mailman

Well, I have to correct myself. I read the document carefully again (english is not my native language and reading legal texts is not my cup of tea) and concluded as follows:

As far as I understand, after the failure of judical settlement, the Court has 45 days to set the following deadlines of:
- Discovery cutoff
- Dispositive motion cutoff

and dates of:

- Trial Date
- Lodging Date

In my understanding the trial might be as well next year or in two years. It doesn't say that it is 45 days after the judical settlement. It only says that 45 days after the settlement the Trial Date has to be set.

Am I correct?

BTW, what is the Lodging Date? I looked up in several dictionaries and none of them defines this as a law term. I figured out that this is the date until which you can issue a motion of complaint to the sentence after the trial. Am I correct?

@mailman

What we need is the return of GregS or Mitch, but they haven't been heard of in years. They had this ability to cut through the legaleese and put it out plain and simple.