Stephen S. Wu-- SL: Legal Writer,, (408) 573-5737, 50 W. San Fernando St., Ste. 750, San Jose, CA 95113

Eros v. Linden Research Update

The Eros v. Linden Research case has been quiet over the summer, with few filings. The most important recent development in the case concerns the status of the case as a class action. The plaintiffs apparently decided not to try to certify the case as a class action, proceeding instead on the individual claims of the named plaintiffs. The Court has also held a number of case management conferences in the matter.
The plaintiffs had a deadline to file a motion for class certification in June. The Court extended the deadline for a week, but later terminated the deadlines. The plaintiffs then filed a first amended complaint (FAC). For a copy of the FAC, click here. The defendants then filed an answer to the FAC. For a copy of the defendants’ answer to the FAC, click here.

Behind the scenes, the parties are likely engaging in discovery -- the evidence gathering process to prepare for trial. The Court will supervise this process through more pretrial status conferences and may weigh in if the parties have disputes about discovery. At some point, the defendants may seek to assert their legal defenses through a motion for summary judgment. At that time, we will have more filings to help determine the strength of the case.