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<blockquote data-quote="Wincenworks" data-source="post: 9204309" data-attributes="member: 7038835"><p>They're not really required to at this stage - they put forward their explanation why they believe that he is responsible for it, then he gets to reply with his explanation why not (ie him saying "I didn't do it") and they'll get a right of reply to his reply. </p><p></p><p>This part is what's known as an interlocutory action (it's not the main decision making part of the process, but part of what gets us there) and so the expectation is for the parties to <em>try </em>to keep it as brief and succinct as possible so that it doesn't delay the trial, put undue hardship on the party going to trial, etc. (That said they can easily become chaos and lead to chains of actions, etc. The discovery process is infamous for creating massive legal bills due to this)</p><p></p><p>The judge is only required to rule on the "preponderance of evidence" (more likely than not) rather than beyond reasonable doubt, which has been vexing a certain former president who's been trying to do that "well, you can't prove I meant... I say I meant..." trick a lot lately. The judge may also conclude that they need particular evidence to make a ruling, and give an order for either (or both) parties to produce it.</p><p></p><p>Obvious problems for Justin in this situation is the protective order extends to anyone acting as his agent, and that pretty much nobody else in the world has any discernible motive combined with opportunity.</p><p></p><p></p><p>Correct, however the Bankruptcy judge specifically declared that the stay should not interfere with this action.</p><p></p><p>So the argument being put forward is not "the bankruptcy should prevent it" but "Wizards of the Coast are deliberately abusing the process, because they are emboldened by the bankruptcy and their supporters (lol) response to it - they are just trying to drive up costs and win via attrition." Their support for this is that Don has been cooperating with Wizards so they want him to be considered part of Wizards of the Coast for the purposes of the Protective Order.</p><p></p><p>Basically it looks like Justin's lawyer knows they're backed into a corner and is trying to make the judge second guess themselves rather than risk an embarrassing interlocutory appeal or plot twist later down the line.</p></blockquote><p></p>
[QUOTE="Wincenworks, post: 9204309, member: 7038835"] They're not really required to at this stage - they put forward their explanation why they believe that he is responsible for it, then he gets to reply with his explanation why not (ie him saying "I didn't do it") and they'll get a right of reply to his reply. This part is what's known as an interlocutory action (it's not the main decision making part of the process, but part of what gets us there) and so the expectation is for the parties to [I]try [/I]to keep it as brief and succinct as possible so that it doesn't delay the trial, put undue hardship on the party going to trial, etc. (That said they can easily become chaos and lead to chains of actions, etc. The discovery process is infamous for creating massive legal bills due to this) The judge is only required to rule on the "preponderance of evidence" (more likely than not) rather than beyond reasonable doubt, which has been vexing a certain former president who's been trying to do that "well, you can't prove I meant... I say I meant..." trick a lot lately. The judge may also conclude that they need particular evidence to make a ruling, and give an order for either (or both) parties to produce it. Obvious problems for Justin in this situation is the protective order extends to anyone acting as his agent, and that pretty much nobody else in the world has any discernible motive combined with opportunity. Correct, however the Bankruptcy judge specifically declared that the stay should not interfere with this action. So the argument being put forward is not "the bankruptcy should prevent it" but "Wizards of the Coast are deliberately abusing the process, because they are emboldened by the bankruptcy and their supporters (lol) response to it - they are just trying to drive up costs and win via attrition." Their support for this is that Don has been cooperating with Wizards so they want him to be considered part of Wizards of the Coast for the purposes of the Protective Order. Basically it looks like Justin's lawyer knows they're backed into a corner and is trying to make the judge second guess themselves rather than risk an embarrassing interlocutory appeal or plot twist later down the line. [/QUOTE]
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