So he told her "I sent them a few weeks ago, really!" and said he'd love to send them again but wasn't in front of a computer at the moment.. and then later on after still not receeving anything she's again told he's not in front of a computer yet but will send them for sure later that day! And then she jumps to being assured he'll send her them?
Defendant contends that he believed he had permission by Disney to sell the referenced material because several senior Current, Executives from Disney, participated in the creation of the materials, As well as helped promote the materials and work he was doing. In particular, The Disney studio archives were given a copies of the material for sale At their request on several occasions, from 2005 on. In addition, other executives Including Roy Disney, participated in the videos, and promotion of the items for Sale. Defendant has a list of numerous, current Disney executives who knew about, Worked with him, and even wrote letters condoning what he was doing as far back As 2004.
Defendant will supply letters, video and may call a witness from Disney if need be.
What are these last documents for?
Did that say they agreed to a settlement?
Did that say they agreed to a settlement?
No. It says they have agreed to a procedure for a settlement. No settlement discussions have taken place, yet, and Disney is still requesting a trial by jury.
In United States District Court, Central District of California, in every civil case, the parties, unless exempted by the trial judge, have to participate in one of the settlement procedures set forth in Local Rule 16-15.
As indicated in the [post=32834]Settlement Procedure Selection Request and Notice[/post], above, the Plaintiffs and the Defendant have chosen Settlement Procedure No. 1 (Local Rule 16-15.4), which states that the parties shall appear before the magistrate judge for settlement proceedings as the judge may conduct or direct.
In civil cases, the parties are always encouraged to settle. It is when no viable settlement can be reached, that a case moves on to the trial stage.
Thanks for reminding those of us not familiar with the legal system in the US that this is a civil case where a settlement of some kind is going to be the outcome anyway.
Thanks for reminding those of us not familiar with the legal system in the US that this is a civil case where a settlement of some kind is going to be the outcome anyway.
That's not what I said. Statistically speaking, yes, most cases will be settled before they reach the trial stage. But, when a settlement can't be reached, a case will go to trial. If I am convinced a jury is going to award me $3,000,000, I am not going to settle with you for $30,000, and we are definitely going to do battle in the courtroom.