I predicted that the judge would be likely to throw out CryTek's complaint by looking at the facts and applying basic logic.
https://twitter.com/jgajek/status/1053395856081055744
Sorry to burst that bubble, but that is
NOT a prediction. That's a statement. You said:
"
If the judge were planning to deny CIG's motion to dismiss, then why would she vacate the schedule hearing (presumably on discovery)? Seems more likely to me that she's about to throw out Crytek's complaint."
She didn't throw out the complaint (the case). She denied, via a MtD, the SAC (as per 2.4) the amendment (2.1.2), but gave them the chance (again) to correct is as-needed.
And this is my Tweet in that thread:
"
The last time the judge vacated a hearing on a CIG motion, when she did rule, she smacked them so hard that I think CIG are still stunned from that one."
In this regard, the judge was heavy (IMO rightfully so) on Crytek because they neglected to provide
additional supporting material. But still STILL (again) allowed them to amend their SAC just in case it was more about omission than about neglect.
I don't think the Crytek attorneys realized that they would get caught in a "single use" sort of discussion. This means that the judge is
PAYING ATTENTION.
When she issues that previous
DEVASTATING (to CIG) MtD, she did NOT give CIG the opportunity to even amend their responses. And this is the
SECOND time that she is giving Crytek that opportunity because these types of cases are very complex and are serious enough to take down entire companies in one shot.