December 11th, 2007 by Benjamin Duranske
Hernandez v. IGE defendant virtual property dealer IGE yesterday asked the court to withdraw (.pdf) its October 26 motion (.pdf) to stay or dismiss the suit in favor of arbitration or venue in California. IGE said that it now agrees to answer the complaint.
For the background of this suit, see Virtually Blind’s complete coverage of Hernadez v. IGE. Very briefly, the suit involves a potential class of users, led by Hernandez, suing a virtual property dealer for diminishing the World of Warcraft game experience through spam, gold farming, and other undesirable activity.
IGE says that due to this “change” in Plaintiff’s position, IGE now “believes that the question of whether Plaintiff’s claims are subject to arbitration presents factual issues about the existence, validity and applicability of the ToU and EULA which should be resolved in the context of an affirmative defense to Plaintiff’s claims.” As a result, IGE says it will file an answer so that those questions can be resolved.
Absent a pattern, I would certainly not ascribe a base strategic motivation to the filing of this motion and its subsequent withdrawal, but it must be noted that the process — which included an unopposed 10 day extension for a reply brief due yesterday that Defendant ultimately did not file — delayed the filing of Defendant’s answer by nearly two months. It also forced Plaintiff, who is represented by a much smaller firm with far fewer resources than IGE’s attorneys, to file a lengthy, unnecessary response.
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