Replies to post #110459 on Voip Pal Com Inc (VPLM)

[Pickle Pro]

Oh, ok.

[drumming4life]

Exactly…seems like Kipping only filed appeal try to skip out on paying court costs to VPLM & delay further by filing counter motion for stay pending appeal…but the Judge declined.

Here’s the minutes from the 3/15/22 hearing in Nevada. Keep in mind, Smith is Kipping’s attorney and VPLM is the Defendant in this case.

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Events & Orders of the Court
03/15/2022 All Pending Motions (10:00 AM) (Judicial Officer Kishner, Joanna S.)


Minutes
03/15/2022 10:00 AM
- DEFENDANTS MOTION FOR ATTORNEYS FEES PURSUANT TO NRS 18.010(2)(B) AND NRS 7.085 (DOC95)... PLAINTIFF S OPPOSITION TO DEFENDANTS MOTION FOR ATTORNEYS FEES PURSUANT TO NRS 18.010(2)(B) AND NRS 7.085 AND COUNTERMOTION FOR STAY PENDING APPEAL (DOC99) Court stated its inclination and gave a tentative ruling. Colloquy regarding NRS 18.010(a), 18.010(2)(b) and 7.085. Upon Court's inquiry Mr. Havili stated Plaintiff made misrepresentations in the Second Amended Complaint that rose to the level of harassment and resulted in the denial of the Motion to Dismiss. Additionally, Plaintiff alleged the shares were not an issue in the previous case which were not true. Mr. Smith acknowledged the Countermotion's deficiencies and stated Defendant prevailed in the case but was not entitled to fees considering the matter was brought in good faith and Plaintiff thought it had a statutory right to pursue it. Mr. Havili stated Defendant prevailed and costs were appropriate given the ruling on the Summary Judgment. Furthermore, the Countermotion had no authority, rules cited to or a compelling reason to stay the matter. Colloquy regarding untimely Notice of Non- Opposition. Court stated its Findings and ORDERED, Motion DENIED WITHOUT PREJUDICE as to fees and GRANTED as to costs. Court FURTHER ORDERED, Countermotion, DENIED WITHOUT PREJUDICE pursuant to EDCR 2.20 and the Notice of Non- Opposition was untimely. COURT DIRECTED Mr. Havili to prepare the Order with detailed Findings of Fact and Conclusions of Law, circulate to opposing counsel, and submit to the Court pursuant to EDCR 7.21 and the current Administrative Orders.