The documents involved:Memorandum of Law in Support of Summary Judgment [pdf]
V-Com Partition Destroyer
aka Partition Commander
At the start of the hearing, shortly after arguments began, Mattel's attorney asked that the case be dismissed. Silverstein told the judge that he would not object to the case being dismissed with prejudice. Though Silverstein did argue that Mattel should have dismissed this back in September.
Three days later, Mattel submits a motion to dismiss without prejudice. If this motion was granted, Mattel could file a new suit again for the same thing and start over. This could be Mattel's attempt to coerce Silverstein into silence with a continued threat of forcing Silverstein re-litigate Mattel's ridiculous countersuit from the start.
It seems as though Mattel is playing brinkmanship. Shortly before the case scheduled for trial, takes a rule 68 judgment against them. At the hearing on the summary judgment motion hearing on their counterclaim, Mattel pulls the ripcord on the proceedings by asking the judge to dismiss their counterclaim. I can't blame them, if I was Mattel, I to would be embarrassed for anyone to fully analyze the counterclaim.
What I found to be deliberate misrepresentation by Mattel's in their Opposition to Summary Judgment Motion filings:
What Silverstein finds to be misrepresentations in Mattel's filings:
Mattel argues them their paying $140,874.80 in a rule 68 judgment is not an admission of wrongdoing and is not preclusive. A settlement may not be an admission, but one would think that a judgment entered into a court is. Irregardless, Mattel paying over two years salary to a worker that was out of work for seven months, to avoid a jury analyzing the facts in the case, speaks much louder than their denials.
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