Judge Orders Jury Trial in Rossi et al v. Darden et al Starting June 26, 2017

This is the full text of the order:

Quote

ORDER Setting Trial and Pretrial Schedule, Requiring Mediation, and Referring Certain Matters to Magistrate Judge John J. O’Sullivan: Jury Trial set for period of 6/26/2017 in Miami Division before Judge Cecilia M. Altonaga. Calendar Call set for 6/20/2017 09:00 AM in Miami Division before Judge Cecilia M. Altonaga. Motions to amend pleadings or join parties due by 8/11/2016. All discovery due by 2/27/2017. Proposed order scheduling mediation due by 7/21/2016. Mediation Deadline 3/13/2017. In Limine Motions due by 4/18/2017. All pretrial motions due by 3/21/2017. Pretrial Stipulation due by 4/18/2017. Signed by Judge Cecilia M. Altonaga on 6/30/2016. (ps1)

So much for those claiming that IH's motion to dismiss didn't fail. It failed on the very day Mrs. Altonage signed this order.

(As far as I recall, Abd produced volumes of text explaining why IH's motion was bound to succeed. I'm still impressed by his brilliant prognosis.)

I also want to take this opportunity to express my heartfelt condolescence to the remaining members of "Team IH" for the loss of their great cheer-leader Dewey Weaver. His last activity on this forum dates from 6/30/2016, which I am sure is a matter of pure coincidence (after writing an avarage of 13 post per day since joining this forum two months ago).

But do not despair, Jed, Abd, Renzz & co: Your saviour Dewey may be resurrected when IH thinks they could use some more cheerleading during the trial. I am sure you will do your best to spread the Gospel in the meantime

Timar

Now that the court are referring Certain Matters to Magistrate Judge John J. O’Sullivan, their will be certain players choosing to stay low and out of sight in my opinion. This guy will be no walk over for Rossi et al or for Darden et al. So if there are any 'influencing players' trying to steer proceedings, he will know and will instruct the jury accordingly to the detriment of the social engineers of either side.

With Magistrate Judge John J. O’Sullivan officially entering the stage, we are at last entering sensible and objective territory.

https://www.ignet.gov/sites/default/files/files/O'Sullivan_-_J_(Mag_Judge).pdf
http://www.floridabar.org/divp…e4b9af02a85256a38006f0f9f

Extract: C. Settlement:
What is your policy/practice regarding the
use of alternative dispute resolution devices such as court-annexed,
non-binding arbitration and mediation?

It should be used when appropriate.

Do you personally conduct settlement discussions?

Yes_X_No___

If YES, under what circumstances?

If requested and agreed to by the parties.

So watch this space, there may yet be a 'settlement'.

Best regards
Frank

Alan, I certainly look forward to the victory of common sense. But I suspect that self appointed pundits will regret the loss of gossip. The bloggers thrive on controversy, drama and provocation. The moderate majority should deny them such satisfaction.

Hi all

I still consider the October Surprise to be a possible reason for all this.

Kind Regards Walker

Quote from Timar

So much for those claiming that IH's motion to dismiss didn't fail. It failed on the very day Mrs. Altonage signed this order.

There was a checklist from the docket that was made available recently that showed that the parties agreed that a magistrate would not have final say over any motions to dismiss, among other topics. What we are seeing now might be as simple as the parties agreeing to allow a jury to consider IH's motion to dismiss, in which case it would be premature to assume that it has failed.

The checklist allows the just assigned Magistrate Judge (John J. O'Sullivan) to handle any Discovery disputes as noted on the checklist. Everything else is handled by the original Judge (Cecilia M. Altonaga). So no, the Motions to Dismiss is still in play. This is just a workload issue.

@Turbo3, you seem to have a knowledge of US law. I dug the checklist back up again — here is the document. It says that the parties "elect to have a United States Magistrate Judge decide the following motions and issue a final order or judgment with respect thereto: ..." The implication seems to be that this will not happen for Motions to Dismiss. Is the critical distinction that one of the judges is a magistrate judge and the other not a magistrate judge?

Quote from Timar

This is the full text of the order:

So much for those claiming that IH's motion to dismiss didn't fail. It failed on the very day Mrs. Altonage signed this order.

(As far as I recall, Abd produced volumes of text explaining why IH's motion was bound to succeed. I'm still impressed by his brilliant prognosis.)

I also want to take this opportunity to express my heartfelt condolescence to the remaining members of "Team IH" for the loss of their great cheer-leader Dewey Weaver. His last activity on this forum dates from 6/30/2016, which I am sure is a matter of pure coincidence (after writing an avarage of 13 post per day since joining this forum two months ago).

But do not despair, Jed, Abd, Renzz & co: Your saviour Dewey may be resurrected when IH thinks they could use some more cheerleading during the trial. I am sure you will do your best to spread the Gospel in the meantime

Display More

Even if the motion has been dismissed, you and your fellow inhabitants of Planet Rossi seem to misunderstand that this means nothing at all to the case. This is all part of the process, I actually assumed the motion would get dismissed as this case is far too complex for a judge to make a kneejerk dismissal anyways. You and your fellow Rossians can sleep well tonight...dreaming of the wondrous magnificent QuarkX producing magical light and color while it powers your home, makes you dinner and tells you a sweet bedtime story..all at a COP of 50!! We wont see the real magic until a panel of experts tears the good doctors E-Cat into cat scraps in court. I would give anything to see him squirm in court as they try their best to hold back laughter when questioned about his invention of magnificence even before talking about things such as meter serial numbers, cooked data, fake customers, radiators. This is gonna be a blast!

Quote from stephenrenzz

Even if the motion has been dismissed, you and your fellow inhabitants of Planet Rossi seem to misunderstand that this means nothing at all to the case. This is all part of the process, I actually assumed the motion would get dismissed as this case is far too complex for a judge to make a kneejerk dismissal anyways. You and your fellow Rossians can sleep well tonight...dreaming of the wondrous magnificent QuarkX producing magical light and color while it powers your home, makes you dinner and tells you a sweet bedtime story..all at a COP of 50!! We wont see the real magic until a panel of experts tears the good doctors E-Cat into cat scraps in court. I would give anything to see him squirm in court as they try their best to hold back laughter when questioned about his invention of magnificence even before talking about things such as meter serial numbers, cooked data, fake customers, radiators. This is gonna be a blast!

all at a COP of 50

should read

all at a COP of 200

The magistrate helps out with routine legal matters freeing the Judge from this type of stuff. Both parties must agree on what the magistrate can handle without getting the Judge involved. This is why you see the checklist. If both parties had checked "Yes" to the Motion to Dismiss then the magistrate would be handling it. But that would be a very strange thing for them to do so they did not. The Judge will rule on the Motion to Dismiss by allowing from zero to all the claims to be dismissed. It is very unlikely all counts will be dismissed but it is up to the Judge to decide. The Judge's ruling will be posted so everyone should just wait for it.

Quote from Mary Yugo

A COP of 50 or 200 are just about as incredible. Especially considering that Rossi powered the whole experiment with this:

http://i.imgur.com/5BmZuHN.jpg

Agreed...the only way I would believe its true is if the panel and transformer were glowing red melting all of the floor. Such fantasy.

Quote from Mary Yugo

@Stephen

Of course that panel is for inbound power, not outbound.

With gear of that size (especially looking at the transformer)...I would sure think everything would be glowing if what Rossi claims is true...

Anyone with a basic understanding of thermodynamics should know that any COP >> 1 produced by thermal feedback-controlled nuclear reaction can pontentially be engineered into a COP that approaches infinity. From an engineering standpoint, the QuarkX is a radical but highly plausible advancement: the very purpose of the miniaturization was to decrease the thermal inertia of the reactor as much as possible, thus enabling much more precise control with greatly reduced response time, which allowed Rossi to raise the COP by two orders of magnitude. The light is nothing new, it has always been characteristic of the reaction, but only the QuarkX with its sapphire tube lets the light shine through.

If you think about it with an open mind, the developmental process of the E-Cat actually makes a lot of sense.

Quote from Timar

From an engineering standpoint, the QuarkX is a radical but highly plausible advancement: the very purpose of the miniaturization was to decrease the thermal inertia of the reactor as much as possible, thus enabling much more precise control with greatly reduced response time, which allowed Rossi to raise the COP by two orders of magnitude.

I beleive that you have hit on a gem of truth there. Heat is both a reaction stimulator and a energy output of the reaction. If Rossi minimized the stimulation by heat in his design then the EMF stimulation could provide positive control without interference from an output product provided by heat. A Reactor run away is caused when the output of heat also becomes a stimulator of the reaction.

Something that Rossi did in the design of the Hot Cat made that type of reactor less reactive to the heat that it produced and more dependent of EMF stimulation. It might be the very high temperatures that the Hot Cat and Quark operate at. That high temperature may be out of the reactor's heat stimulation zone.

Someone should ask Rossi if he turns off the EMF stimulation, if the Quark would turn off with no heat after death. He has said that the Quark is always in SSM mode, and that is already telling.

Quote from Mary Yugo

Axil:

I must be getting behind in my studies of Rossisays and Rossispeak. Are you sure he said that? He has a tiny needle like reactor which performs nuclear fusion with no power input? Then why does he not show it to the appropriate people and collect his billions of dollars and his Nobel prize? Why, Axil? Why, IH Fan? Why Sifferkol? Etc. etc.

First, Rossi has to prove people like you wrong though massive production. Once the LENR concept is proven to the common man, then it will be accepted as science, no nobel prize until then and no big money either. It is you mary, Rossi must discredit you. It's you and him like a mongoose and a cobra in deadly combat. But in the end when the battle is over, you will look back on a wasted life. So Sad.