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Wednesday, December 18, 2019 10:00:06 PM
The court’s acceptance of the parties’ settlement is procedural not substantive. The case is over.
Oh well, case is not over...go figure, but why should anyone believe the plaintiff is telling the truth?
Defendants’ failure to perform their obligations has made it impossible to dismiss the action on December 13, 2019, as agreed to by the parties. In particular, Defendant failed to make a timely settlement payment and failed to cooperate with Plaintiff in requesting entry of the Stipulated Judgment and Injunction.
On December 12, 2019, Plaintiff filed an Ex Parte Application (the “Application”) seeking entry of the Stipulated Judgment and Injunction and requesting that the Court retain jurisdiction to enforce the judgment. The Court has not made a ruling on the Application. If the Application is denied, and litigation proceeds, Plaintiff expects that it will have to seek further assistance from the Court to compel further discovery as requested in the Motion. If the Application is granted, the issues in the Motion will likely be moot, though Plaintiff anticipates that it may seek authorization for further discovery related to the enforcement of the judgment, including a judgment debtor exam.
Thus, Plaintiff believes it is unlikely that the case will be dismissed in the immediate future, but does not have sufficient information to determine whether specific issues in the Motion will be moot before the Court rules on the Application. Accordingly, Plaintiff respectfully requests a continuance to its deadline to comply with the Court’s Order by an additional thirty (30) days: i.e., that Plaintiff shall either file a notice of withdrawal or request a telephonic discovery conference on or before January 16, 2020.
And at least one of the “agreed upon stipulations” is still in default. Nice that you get an Order, but then it’s not over until you get enforcement by the Court of the Order. Anyone want to bet on Kang satisfying the other stipulations in the Order?
http://www.johnkangliquidmetal.com/
When this website is down, then you can have some faith that the case may be over, but until then...
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