THREAD MOVED TO HERE, SO WE CAN DISCUSS IN PRIVATE
As things have got very complicated, I asked Ivy for a recap, this is what she sent me
They were supposed to go to trial in April 2011 but they settled on the first day of trial. The settlement is confidential although it's reported that Estate will take over HTWF and the trademarks Melissa registered and Melissa would get a seat on board of directors of HTWF. Later we learned Estate also would pay Melissa her expenses. Soon after HTWF rescinded the
settlement saying that Melissa had no power of signature to sign for HTWF (and it needed a board of directors approval). Estate moved for asking for enforcement of settlement. Most documents are sealed / confidential but end of June 2011, the judge enforced the settlement and terminated(closed) the case.
When Melissa rescinded the settlement and created all types of problems Melissa's lawyer Pease (who was found and paid by Mann) stopped being her lawyer. Melissa claimed Pease to be "bought" , Pease claimed Melissa was crazy. After having a temporary personal injury lawyer and missing the appeal deadline Melissa hired a decent lawyer.
This decent lawyer argued and convinced the judge to allow them to file an appeal late. He also argued some of the trademarks Melissa registered in her name (not in HTWF name) should be left out of the settlement. We have no idea about how the judge decided because it's sealed. We also learned that Estate did not pay Melissa her expenses because they thought the
numbers to be inflated.
Anyway the appeal was filed and soon after the lawyer asked to be relieved as counsel as he was not being paid. Melissa got another lawyer. Court tried to mediate the case but it failed. The opening brief was due June 1st but Melissa's lawyer filed a motion asking for a 90 day extension saying that the court reporter couldn't prepare the transcripts and he just got some information from Melissa and needed time to prepare his opening brief. Estate did not object to this request on the basis that it
was court reporter who wasn't able to do her job. So the court granted the 90 day extension. Current schedule is "The opening brief is due August 30, 2012. The answering brief is due October 31, 2012. The optional reply brief is due within 14 days after service of the answering brief."
This is where the case is and we'll wait. We'll get the briefs on or before those dates, there could be an optional oral hearing set and then we will wait for the decision of the appeals court.
If the appeal is denied, then the case will be over, the settlement will be enforced. If the appeal is granted, it will be sent to the lower court and a second trial will happen to determine the outcome.