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Bergeron vs. Xyience lawsuit update
By Zach Arnold | February 7, 2008
Rich Bergeron, the blogger who was sued by Xyience for $25 million USD, won today’s round of court hearings in Las Vegas. Bergeron comments here. Pamela Lawson, the attorney for Xyience, filed a motion for Xyience to win the case on a technicality. Judge Tim Williams ruled against Xyience. Here’s the summary ruling on the Clark County, NV. web site:
Mr. Bergeron inquired regarding his motion to dismiss. COURT ORDERED Deft to file an answer or responsive pleading pursuant to the rules and make sure it is filed and gets set with Master Calendar.
COURT FURTHER ORDERED the Motion to Dismiss will be heard on March 5th and Defendant is to make sure Pltf’s counsel gets a copy of his points and authorities within five business days (2/14); not be e-file.
Argument by Ms. Lawson regarding awarding sanctions at this time. COURT stated he will decide the issue on the merits and will not award sanctions at this time. Pltf’s Motion DENIED.
Bergeron’s motion to get the case dismissed will take place on March 5th. Fightlinker has more thoughts on the case.
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I still think I’m right on the default not being valid. I mean, how the heck can it be legitimate if they filed the default with the clerk on the same day they send a notice to me saying I have three days to respond before it gets entered? They just went ahead and entered it, and the text of the default says I’ve exhausted my time to respond. I call BS on that. It’s kangaroo court rules the way I see it. How can you set aside something that was filed improperly? And they bust my balls for not following the rules??? They went above and beyond by trying to rewrite the rules.