Re: Bob L - contempt

[Frank Olson <use_the_email_links@xxxxxxxxxxxxxxxxxxxxxx>]

Nomen Nescio wrote:

Another great post!!


> A default has been recorded against Jim, meaning that he is no longer able
> to argue the merits of the case against him.  All of the allegations made
> by Brink's are now considered to be true, because Jim didn't challenge them
> in the legally correct fashion at the appropriate time.

Actually he did send the court pictures of the "Brinks" programmers he
has in his possession.  I think he would still be able to mount an
appropriate defense if he's actually hauled in court by the marshals.
This documentation was filed before the default judgement.  He just
wasn't there to properly present it (or lay it out for the Court in a
way it could understand).  Mind you, this doesn't mean he's going to be
able to turn over the judgement.  That will stand until he's able to
launch an appeal and succeed in proving his point.  What he will be able
to do is prove (by virtue of solid evidence and expert testimony) that
Brinks has no IP to protect and that their "lock-out" codes are no
different from the ones every other alarm company in the world uses.
This should go a long way to ensuring the actual monetary award that
Brinks will finally get will be in the neighbourhood of "chimp" change.


>
> However, that is not a default judgment.  Judgments are for specific
> amounts of money.  There has to be a hearing where Brink's proves its
> damages.  Jim can challenge the amount, if he likes.  Then, the court
> issues a judgment against Jim, ordering him to pay a specific amount to
> Brink's.

He's already been found to be "in default".  A hearing to determine
damages is Brinks next move.


>
> Earlier in the case, Brink's obtained a temporary restraining order, which
> Jim did not oppose.  That required Jiim not to disclose Brink's trade
> secrets, post their manuals, post unlock codes, and so on.  That TRO was
> later converted into a preliminary injunction.  That is an order from the
> court not to do something.  It's called "preliminary" because there hasn't
> been a final judgment in the case, and theoretically, it could disappear if
> somehow Jim managed to win his case.

It would also disappear if he was able to prove to the court that the so
called "trade secrets" Sableman's trying to protect are nothing more
than the installation manuals Honeywell provides to every other dealer
in the world.