Settlement Due Today Between Life Paint vs. Paul Koury/Pacific Pebbles Is Delayed 10 More Days

Document #102, dated today, was filed at Santa Ana's US District Court, seeking delay of the settlement for another 10 days.

Life Paint and Paul Koury/Pacific Pebbles apparently have settled a number of items, according to the filing, however the biggest sources of contention relates to the complicated issues of trademarks, service marks and trade names.

A settlement is anticipated within the next 10 days as the parties have already sent documents to the other relating to the final issues.

We'll check in again on September 8th to see what has occurred...stay tuned!

Documents Filed Today Indicate Failed Settlement Negoitiations in Life Paint vs. Paul Koury/Pacific Pebbles Lawsuit

Filed today at PACER (Public Access to Court Electronic Records was Document 70 -"Joint Stipulation To Extend Deadline to File Discovery Motions". The document reveals that the two parties engaged in settlement negotiations from on or about October 7, 2008, through mid-November (last week?) when discussions faltered and the parties were unable to resolve the matter.

In the meantime, discovery and depositions were delayed and so this Stipulation, agreed to by both parties, will extend the deadline to file discovery motions by 2 weeks, from December 1st to December 15th, 2008.

From what it sounds like in reading this document, maybe Koury engaged in settlement discussions, as it reads "as a good faith sign of encouraging settlement discussions, the parties agreed to delay Life Paint's response to this Joint Stipulation until further determination of settlement discussions between the parties." I would take that as a sign of Koury extending that agreement to delay as the ball was in Life Paint's court to file their response...

From everything I see and hear, the case is looking pretty strong for Life Paint, so they probably don't feel as much pressure to settle this case as Koury would.

Life Paint Files Reply to Opposition To Motion Document 63 in Federal Court Today for Hearing November 17th.

Filed in Federal Court today were further arguments by Life Paint vs. Paul Koury in opposition to the trademark dispute that is the centerpiece of the litigation between the parties.

Attorney John Horwitz makes strong arguments about the trademark and most interestingly, Paul Koury's assertions about the 3 agreements made between the parties over the course of several years.

Indeed Attorney Horwitz seems as increduluous as I am was when I was reading Koury's defense...Horwitz notes on one page "It is unclear why Koury makes suh significant efforts to make the distinction that the subject Agreements were simply "memorializations" of the agreements reached through negotiation rather than actual contracts as it would seems that a written contract, by definition, is nothing more than a memorialization of a negotiated agreement."

Some of the arguments Koury makes in his filings with the court make me feel like I'm reading a bad script of Seinfeld...guess who's Kramer in this version of the show?

Hmm, does that make Atty Horwitz the "Johhny Cochran" character? and who would be George?
Well back to the subject, the court date is still currently set for next Monday the 17th at 10 am in Santa Ana. The battle will be about the trademark issue and who should have the rights to that...I'm sure it will be very busy with spectators lining up to watch the show,I'm planning on covering this event live and blogging in between.

More Documents from pacer for Your Reading Pleasure

Here's more juicy tidbits from the Life Paint vs. Paul Koury/Pacific Pebbles case...

The picture shows bogus materials bootlegged with a Life Deck logo on the left, the real deal is on the right.