In a surprise move, Infinium in court documents made public today threw up it"s hands and admitted that it couldn"t produce the documents requested. Or should I say "wouldn"t produce". We"ll get to that in a second. In two motions, they withdrew any objections to personal jurisdiction in the case. This means that Timothy Roberts is now personally liable in the case. Infinium Labs faults hurricanes and the breadth of the discovery for not being able to comply. Rather than face possible sanctions and now being between a rock and a hurricane, they gave up.
Or did they really? It could be said that Infinium Labs waited until the last possible second to file this motion because they never intended to give up the documention. It is very possible as a legal manuever that Infinium Labs or Tim Roberts would rather suffer a legal setback than give up the stack of information that could be even more damaging. This should be evident from the last second filing and no attempt made to ask for an extension.