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December 11, 2007: Second Amended Complaint Ruling

Although Katzer had previously agreed to the filing of either of our draft complaints (see above), he's clearly still more interested in delaying the case rather than resolving it, so on November 2nd, he filed an opposition to our request to file the complaint. He then followed this up with a request for sanctions.

In typical style, he misstated law and facts in these filings, and didn't obey the Court's rules regarding notice. We filed a motion pointing this out, and asking that the hearing on sanctions be deferred until proper notice had been given. Katzer's reply included additional misrepresentations, and the Court denied our motion. We felt we had no choice but to file our own motion for sanctions to at least bring this misbehavior to the attention of the Court.

On December 11th, the Judge allowed the filing of our preferred version of the new complaint and denied the requests for sanctions.

We then filed second amended complaint on December 12th. The Court has set a deadline of January 4th, 2008, for Katzer to either file his reply, or start another round of motions.

This is a big victory for us. We've learned a lot about Katzer's misdeeds over the last year. This new complaint puts it all before the Court, including Katzer's cybersquatting, and will (eventually) force him to reply in detail to each item. He's been able to avoid doing that for almost two years, but his time is running out.

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