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Latest happenings in Xyience/Bergeron case

By Zach Arnold | February 28, 2008

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Yesterday, we pointed out that Xyience has shifted to a third legal team in their lawsuit against Rich Bergeron. That legal team is trying to, through motions, drag the court case out over a longer period of time. It’s interesting news, given that April 1st is the final date in regards to Xyience’s bankruptcy proceedings for finding the highest bidder.

Throwing another curveball into the case is that judge Tim Williams has recused himself from the Xyience/Bergeron court case. From the Clark County court:

It has come to the Court’s attention, based upon recent filings in this case, that one of Plaintiff’s newly substituted counsel of record is a former client. Although the Court feels it could be fair and decide this matter on the merits, to avoid the appearance of impropriety or appearance of potential bias, this Court hereby recuses itself and, as a result, this matter shall be REASSIGNED at random.

A hearing has been scheduled for March 3rd at 8:30 AM. At the hearing, Xyience’s motion for a time extension will either be granted or denied. The new judge in the case is Elizabeth Halverson.

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