31 Jul 12 Update
Thanks SJD for tweeting this update. On 27 Jul 12, a case management hearing was held on case # 3:12-cv-01006, Seth Abrahams v. Hard Drive Productions (HDP). 27Jul12_CMO_01006(CA) Docket The following was ordered by the court.
- HDP will dismiss case # 4-11-cv-05634, HDP v. John Doe no later than 3 Aug 12. Initially filed on 21 Nov 2011. Docket
- No later than 3 Aug 12, HDP will file an amended complaint against Mr. Abrahams.
- Case is referred to Alternative Dispute Resolution (ADR) for Early Neutral Evaluation (ENE) – to occur with 90 days. ENE background.
- Both parties will submit a stipulated briefing schedule on dispositive motions due to the court no later than 4 weeks prior to the hearing.
- Case was continued until the next case management conference, 26 Oct 12.
What I find interesting is the fact that by “dismissing” Mr. Abrahams a second time, Mr. Yuen can then motion for dismissal IAW FRCP 41. Two strikes posting
That is even if Prenda will bother with filing an amended complaint in the first place. All they could possibly get is actual damages, if they could win. Who knows, maybe they will try the negligence claim or perhaps something just as ridiculous.
The legal fees for Mr. Abrahams keep going up and Prenda knows this. They previously whined to the court about this and stated that Mr. Abrahams is going to get stuck with the bill. There is no reason to complain about Mr. Abrahams legal bills unless they feel they may get stuck with them. As they had to pay Mrs. Wong an undisclosed settlement, I’m sure Prenda/HDP want to keep the damage to a minimum. Much more to come on this one.
“Some ships are designed to sink…others require our assistance”