Straight up draw, if you exclude how many auroras were spent filing unnecessary motions.
It's not quite a draw - at all. In fact, without being biased, I would say that it's a win for Crytek (they wanted to start discovery - now the judge has cleared the way) on one hand, and a sort of win for CIG (they didn't want to start discovery - so they got a 6 week delay while waiting for the judge) .
But to understand what happened, and why, you have to know how the legal system works. Let me explain (part of this is already in my
Twitter thread).
There WAS a scheduling filing. Says so
RIGHT THERE on Pacer.
On Feb 27th the plan was in the works; and Crytek were in conference with CIG to get the scheduling for that sorted out.
CIG didn't cooperate; and instead - figuring that Crytek was going to object in a court filing - filed for a PO on Mar 9th
We didn't know this until Apr 3rd when Crytek filed their answer to the PO and explained what was going on in the background - which CIG didn't disclose in their filings. Including that CIG wanted to initiate settlement (which Crytek declined to do, opting to go to discovery instead) talks instead of scheduling discovery.
The scheduling notice was filed with the court on Mar 20; 8 days after the PO filing by CIG on Mar 12.
With their bullshit PO filing, the only thing CIG achieved was 6 weeks delay while the clock stopped.
Now they have to go back to where they were in early Mar, ahead of their PO filing.
Now they have boxed themselves in. They have go back to what Crytek started in late Feb to early Mar, that prompted their bullshit PO. And they can't do that again because they now have no choice but to start discovery, regardless of the ruling on the MtD (which is probably coming soon)
When is the motion to dismiss finally ruled on?
No clue. But I plan to take the day off when it happens
