Basically, as expected, CIG are refusing to comply with Rule 26(f) discovery procedures. The standard stall tactic.
My analysis will be up in a bit; once I've chopped it up into 280 char parts
Before I even go into this, let me mention that the whole point of a Rule 26(f) conference, is to setup a plan for discovery.
We all know that the judge is going to either toss the entire MtD filed by CIG, or she will grant parts of it.
I personally don't see the latter happening at all.
So what remains to be seen is if whatever survives, is entirely favorable to Crytek.
I know, it's a head scratcher.
Because, you know, executing contracts in good faith is meaningless if you don't intend to abide by them. And when you get sued, you can always claim ignorance while attributing it to malice.
CIG objected - thus causing another month-long delay.
So it's not surprising that Crytek made it a clear point in their discovery request.
So the CIG response should come as no surprise.
They will try to delay turning over financials to ANY third-party, for as long as legally possible.
In its first series of ToS, they pledged to provide to backers financials for the project if they failed to deliver by the stated date.
In June 2016, they REMOVED that promise from the game's ToS.
Gee, I wonder why that is.
That being, CIG requested that Crytek also list a settlement demand.
Ponder: If CIG were confident in their case, why would they ask for this?
In a Rule 26 procedure no less. Because, you know, that's totally how that works.
CIG is basically saying "Yeah, OK - we know you want money. Give us a number already".
Crytek rebuffed it. And rightfully so.
Make no mistake, damage awards are HUGE in cases like this. Especially given the strength of the Crytek claims.
So they would rather go through discovery, figure out the financials and other things - THEN - determine if a settlement is worth doing.
The 2nd mistake was their hostile wording in filings, in which they were basically playing to their toxic backer base with "sick owns" on Crytek.
1) They ended up in front of judge Gee
2) If there is a settlement, they will end up in front of Judge Munn.
They're so fucked, that I'm totally out of lols!
CIG don't appear to care either way.
Regardless, we've got another 16+ months of consistent lols to look forward to.
Network Bind Culling probably won't have been implemented by then.
Follow my Crytek v CIG analysis: