Quote:
Originally Posted by mpethybridge
I think your first paragraph is a little overstated; nothing changes the landscape very much at all until the judge rules on the motions.
(If oral argument is scheduled, that could be an important date, because the judge could tip his hand or be seen to have tipped his hand.)
Maybe slightly overstated, but why I say the landscape has changed is because the parties have shown their hands with regard to their responsive arguments.
Prior to Monday, one party could try to imagine what arguments the other party would make, but now, those arguments are in the open. All I'm saying is that *generally speaking* (and no explicit reason to be assured this litigation is an exception), the deadline for filing of responsive pleadings to the complaint has served as one of the mileposts where settlement either happens, or does not happen for a significant period of time.
There's a lot of reasons why this is very often the case. One of them is the fact that now there's active substantive pleading going on, the litigators tend to take some measure of control, and the negotiators are somewhat in the backseat for the time being. The next milepost is, as I stated, after conclusion of briefing of these motions, and before the judge issues rulings.
Doesn't mean settlement can't happen in the interim, but it is usually less likely than it is more likely.