The uncertainties have not increased... at least, not for CLYW.
I think it is obvious Daic et al have by far the harder problem: they've been caught red handed, including that they knowingly defrauded the court with the documents they filed... and the few remaining props holding up that case they might have had otherwise, are likely to be removed long before they can get to the point of addressing them, because the frauds are all linked in a clear pattern.
The fraud of the 2009 agreement, even if "all" its extension of prior interruptions and interferences does is put us back to the 2008 agreement, still has to be addressed, along with all the OTHER obstructions and interferences that were imposed prior to the 2009 agreement proving to be the "straw" that broke Daic et al's back.
Daic has no legitimate claim... and wanted to use his fraudulent claims to try to take it all. Instead, he'll get a lot less than nothing... and ONLY because he wouldn't adhere to the 2008 agreement in good faith...
I have no problem with CLYW proceeding on the basis of the 2008 agreement, AND have no problem with CLYW proceeding beyond it to address the prior frauds. I think it likely High Rider has it right, that it is Daic who wants to go back farther... not because the prior judgment can do anything to reduce the impact of frauds committed after it, but because without doing that, the still unaddressed frauds in the legacy present an ongoing risk for him, that he needs to "fix" in order to prevent future problems from arising. I don't think it matters... which is the point I've been making since about mid 2008... that they've crafted a "Chinese finger trap" to bind themselves... then wrapped themselves into a straight-jacket.
On the basis of it being "back to the 2008 agreement" CLYW wins, and wins more than Daic has ever had, just to get anywhere close to the proper level of damages... and Daic still will be likely to have to face a large number of ancillary risks after that, including a significant number of derivative suits, and the potential for there to be criminal charges filed on the basis of evidence uncovered during the process that is about to start.
The ONLY way Daic wins this... is the way he intended for that to happen, with another court date rolling around at a point where CLYW was unable to have proper representation. That isn't going to happen... but, isn't in interesting that Daic thought that it would ?
Otherwise, I agree that Daic isn't going to surrender with a settlement rather than keep playing his cards for as long as he can... and think it unlikely that there is any intent to settle anyway. You can't believe anything he says... including that he clearly doesn't ever apply good faith to any agreement...
In my opinion, the only thing there would ever be to talk about in any settlement negotiation, whether in mediation now or after the start of trial, would be that there isn't anything to make it worth the bother to talk about until AFTER you can provide proofs that there would be no ABILITY on Daic's part to fail to live up to any agreement that he found it useful to make. He won't agree to any deal that he can't fail to comply with... so, don't bother wasting the time... IMO.
And... they still haven't complied with any of the things they agreed to do as part of the stipulation, have they ???
So... let's see what the judge has to say about the Markle filing, and when we see that, then we'll have a much better idea what to expect next, and where to expect it.
JMHO
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