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Flo’s lawsuit against Willie and Rokfin

I mean wasn’t “live events” the one thing he actually agreed to not do? I guess the argument is that he was just reporting (and providing “editorial content”), and not producing?
Willie was not involved in the organization or production of the event.
 
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So this just keeps getting stranger and stranger. To recap, Judge Livingston set a bench trial date of Nov 5,6,9,10,12,13. She also said a pretrial hearing would need to be set so she could read and rule on the 600+ page motion suddenly dropped in her lap.

Now I find this: https://www2.traviscountytx.gov/courts/files/uploads/DistrictCivilFamilyDktBook_Jury.pdf

D-1-GN-19-008278 10.00 Days Jury

FLOSPORTS INC ...................................................vs. ROKFIN INC
1 Atty KAREN CROOK BURGESS ...................... 1 Atty ANDREW BROADAWAY
................................................................................. 1 Atty SCOTT ANTHONY BRUTOCAO
.................................................................................. 1 Atty JOHN J. REENAN
................................................................................... 1 Atty CARLOS RAMON SOLTERO
.................................................................................. 2 Atty SCOTT ANTHONY BRUTOCAO
...................................................................................2 Atty MICHAEL ALLAN LANG
...................................................................................2 Atty CARLOS RAMON SOLTERO JURY

It is now set as a jury trial beginning Monday 9-28 at 9:00 am and Judge Livingston is presiding over a different case on the same date and time.

This could all be a clerical mistake as Judge Livingston has previously confirmed that she would be the judge in a bench trial.
 
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So this just keeps getting stranger and stranger. To recap, Judge Livingston set a bench trial date of Nov 5,6,9,10,12,13. She also said a pretrial hearing would need to be set so she could read and rule on the 600+ page motion suddenly dropped in her lap.

Now I find this: https://www2.traviscountytx.gov/courts/files/uploads/DistrictCivilFamilyDktBook_Jury.pdf

D-1-GN-19-008278 10.00 Days Jury

FLOSPORTS INC ...................................................vs. ROKFIN INC
1 Atty KAREN CROOK BURGESS ...................... 1 Atty ANDREW BROADAWAY
................................................................................. 1 Atty SCOTT ANTHONY BRUTOCAO
.................................................................................. 1 Atty JOHN J. REENAN
................................................................................... 1 Atty CARLOS RAMON SOLTERO
.................................................................................. 2 Atty SCOTT ANTHONY BRUTOCAO
...................................................................................2 Atty MICHAEL ALLAN LANG
...................................................................................2 Atty CARLOS RAMON SOLTERO JURY

It is now set as a jury trial beginning Monday 9-28 at 9:00 am and Judge Livingston is presiding over a different case on the same date and time.

This could all be a clerical mistake as Judge Livingston has previously confirmed that she would be the judge in a bench trial.

Could the other case have gotten settled?

Also, sorry if this has been discussed...but lol that Karen's middle name is "Crook"
 
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So this just keeps getting stranger and stranger. To recap, Judge Livingston set a bench trial date of Nov 5,6,9,10,12,13. She also said a pretrial hearing would need to be set so she could read and rule on the 600+ page motion suddenly dropped in her lap.

Now I find this: https://www2.traviscountytx.gov/courts/files/uploads/DistrictCivilFamilyDktBook_Jury.pdf

D-1-GN-19-008278 10.00 Days Jury

FLOSPORTS INC ...................................................vs. ROKFIN INC
1 Atty KAREN CROOK BURGESS ...................... 1 Atty ANDREW BROADAWAY
................................................................................. 1 Atty SCOTT ANTHONY BRUTOCAO
.................................................................................. 1 Atty JOHN J. REENAN
................................................................................... 1 Atty CARLOS RAMON SOLTERO
.................................................................................. 2 Atty SCOTT ANTHONY BRUTOCAO
...................................................................................2 Atty MICHAEL ALLAN LANG
...................................................................................2 Atty CARLOS RAMON SOLTERO JURY

It is now set as a jury trial beginning Monday 9-28 at 9:00 am and Judge Livingston is presiding over a different case on the same date and time.

This could all be a clerical mistake as Judge Livingston has previously confirmed that she would be the judge in a bench trial.

did this happen?
 
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No. If you can believe the docket this is the latest: https://www2.traviscountytx.gov/courts/files/uploads/DistrictCivilFamilyDktBook_NonJury.pdf

Monday Nov 9th, 9:00 am, 4days, merits, Livingston
Thanks for that. But there are three entries there.

There's an October 9 hearing, set for 2 hours, to hear a Motion to Seal and Motion for Summary Judgment. Should the Motion for Summary Judgment succeed (which I assume is Rokfin's, but who knows), there'd be no reason for the trial. I imagine the Motion to Seal is Flo's, but again, just guessing.

And then there's November 2 (1.5 days) and November 9 (4 days) for the trial. Odd that there's a week break after the first day and a half of trial.
 
Thanks for that. But there are three entries there.

There's an October 9 hearing, set for 2 hours, to hear a Motion to Seal and Motion for Summary Judgment. Should the Motion for Summary Judgment succeed (which I assume is Rokfin's, but who knows), there'd be no reason for the trial. I imagine the Motion to Seal is Flo's, but again, just guessing.

And then there's November 2 (1.5 days) and November 9 (4 days) for the trial. Odd that there's a week break after the first day and a half of trial.
So, does Flo realize they're losing in the court of public opinion, because they read BWI, so seal it, so we can't see it?
 
So, does Flo realize they're losing in the court of public opinion, because they read BWI, so seal it, so we can't see it?
I don't know what they're asking to seal, or even if it's them asking. There was already at least one other motion to seal, earlier. Transcripts of the proceedings themselves, together with anything filed that isn't personally identifying information (SSNs, phone numbers, etc.) should be public record. I think the judge already gets that though based on what I've seen.
 
Thanks for that. But there are three entries there.

There's an October 9 hearing, set for 2 hours, to hear a Motion to Seal and Motion for Summary Judgment. Should the Motion for Summary Judgment succeed (which I assume is Rokfin's, but who knows), there'd be no reason for the trial. I imagine the Motion to Seal is Flo's, but again, just guessing.

And then there's November 2 (1.5 days) and November 9 (4 days) for the trial. Odd that there's a week break after the first day and a half of trial.
Thks, the docket changes frequently. I don't see the 10/9 hearing. Is there a link?
 
For those of us who aren’t interested in following every twist and turn in this courtroom drama....hoping someone can do us a solid and post a new thread when the judge makes a decision
 
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Here is every twist and turn:

Flo's in camera motion was denied by Judge Livingston. Soltero will have by Friday to file a response to issues raised.
----------------
Flo's motion to seal 76A documents that deal with trade secrets and damages is granted, all agree. Dickie adds that she doesn't want to know Flo trade secrets for fear that litigious Flo will also sue her.
---------------
Flo's motion for partial summary judgement was denied as premature. It included $1M breach of contract vs Saylor which included atty fees. Also, trade secrets (TS) vs Saylor and tort interference vs Rokfin.

Burgess alleged that TS include a ranking spreadsheet that was developed by Saylor. Flo's Doug Alexander argued the TS testimony must exclude Saylor, Rokfin, and live streaming. He showed Scott Pilutik's YouTube channel as an example of the public violation of court's directive to not record proceedings.

Livingston wonders how to exclude Saylor from seeing the evidence to be presented against him. Can she bifurcate (see Cracking the Cryptic) the TS testimony into "clumps and phases" to determine liability
or is it all-or-nothing? Decides on a flow-chart (no pun intended) to break down which evidence is TS and which Saylor/Rokfin can see. Orders both sides to agree on a decision-tree that covers all TS and closed steaming issues and submit to the court.

Dickie argues that the motion is premature and to allow open viewing given the public interest in the case. No damages because Flo's loss of revenue is Covid caused and a result of the lawsuits which have caused a "pr nightmare" for Flo. Flo's 900 exhibits need to be pared down, they can't throw the "kitchen sink" at them.

Dickie and Burgess have a little catfight and both get spanked by the judge.

Soltaro says that Flo thinks that everything they do is a TS, even items available on the internet.

Livingston concludes that the parties have homework assignments to do and wants them to be as complete as possible.
 
Flo's motion to seal 76A documents that deal with trade secrets and damages is granted, all agree. Dickie adds that she doesn't want to know Flo trade secrets for fear that litigious Flo will also sue her.

zing!
 
Thrilled to have gotten a shout out in Flo's epic footbullet, Streisand-effect litigation adventure.
Tikk to Flo:

giphy.gif
 
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People are saying that Willie has a 2pm trial today. It's not on the Travis County docket and Judge Livingston is doing family court today. Docket has the Flosports Inc vs Rokfin Inc scheduled for Monday Nov 9 at 9am.

read the sig line
 
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still on now

edit: just ended. I only caught a few minutes. Willie's attorney asked for Flo to pay attorney's fees, among other remedies
 
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Lots of fireworks today in the opening statements, to many to list.

The docket date was wrong, once again. We'll have to see if Monday is on.
 
No, it's standard for attorneys to want their fees guaranteed by court order.
One highlight is that Christian Pyles will be a witness for Flo, while defense contends that part of the reason that Willie quit was acrimony with Pyles.
 
No, it's standard for attorneys to want their fees guaranteed by court order.
One highlight is that Christian Pyles will be a witness for Flo, while defense contends that part of the reason that Willie quit was acrimony with Pyles.
Pyles on the stand 😅😂🤣.Wow Flo is something else.Can see Pyles running into the bosses office whatever you need.They will lose even more business now over this whole situation
 
No, it's standard for attorneys to want their fees guaranteed by court order.
One highlight is that Christian Pyles will be a witness for Flo, while defense contends that part of the reason that Willie quit was acrimony with Pyles.
Oh, that’s beautiful.
 
So anyway, I posted a video of the hearing yesterday, which hearing everyone was interested in up until the dumpster lit up. Video is upthread, through the smoke.

any chance you might give us one of your Lawyerly Content Unpackings, pretty please?
 
Judge Livingston seems to be getting annoyed with FloKaren (if she wasn't already)
 
Reminder from @Tom McAndrew recently:

"A reminder that political discussions are not allowed on this board. I had to edit several posts in this thread, and delete several other posts in this thread, due to political content. IT'S NOT THAT HARD TO AVOID POLITICS IN POSTS, at least for most posters."

 
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