Industrial Heat’s Motion to Dismiss Denied in Part, Granted in Part

    Quote from bang99

    Again and again, we are going in circles, I'm aware of that, does not solve anything, I know.


    The greeks already new it: They called it the Ikarus dream...


    But today flying is real...


    History always needs very ripe characters - like Tesla (patents) - which, in the very right moment, are ready to relinquish on their benefits. Being such as, richness, success, recognition etc..


    Today I only see a bunch of foolish inventors/investors which are selling their childens dreams...


    Let's wait for tomorrow!

    • Official Post
    Quote from bang99

    So, please, why does he need the ridiculous tests and this ridiculous blog called "JONP"?
    Why does he need publicity? This gives him no funding in real dollars.



    Bang,


    That JONP has always been a red flag in a sea of many red flags. He always claimed he needed it because he learned so much from his fans, but I can not remember one time Rossi accepted any recommendation, nor incorporated any suggestion into his R/D program.


    Now, in hindsight, it appears IMO that he may have used it instead to attract just that right kind of investor, like a spider uses it's web to snare prey. He was looking for someone with little, if any, deep background in the energy field, but with access to lots of cash. Not a Musk type...whom Rossi rejected according to Lewan, who would have easy, instant access to competent engineers. Only way he could find that right person was to lay out a trap/web, and the JONP served that purpose.


    It worked too, as along came Darden... the real estate guy with a love for the environment and a (naive?) hope to heal it with some exotic tech. Funny too, as Dewey told us of how Rossi first threw him (Darden) out of his office in Miami, only to call him back when he was driving to the airport to patch things up...after he checked his history. I just get the impression Rossi was playing him like a fiddle. Teasing him like a seasoned conman would do, to make the *mark* want to throw his money away. The more Darden struggled in the web Rossi cast, the more entrapped he became.


    So although I love your post overall, I will take exception with your comment that the "JONP could bring him no funding in real dollars"...because it did. And it might bring him even more if he wins this suit, or gets a pay-off in an out of court settlement.

    Quote from JedRothwell

    The only way the parties could reach a settlement would be for Rossi to demonstrate that the machine works. Or that any of his other machines work. If it actually does work this would be easy to demonstrate. Any expert could arrange a definitive test in a few hours. Heck, I am no expert, but I could do it. Rossi would get $89 million for doing this, so I suppose that if he could do it, he would. The money would be a sure thing, whereas his lawsuit is a crapshoot.

    Actually, they would be crazy to give him $89 million just because a device works. What is worth $89 million is the knowledge of how to make devices that work. If Rossi makes a working device, it could pass muster with an expert, even independently ("demonstration" is inadequate, it must be an actual test, where the expert has control), and still, no IP useful for making devices that work, useless to IH.


    The basic issue at stake is not whether the Rossi Effect is real or not. It is whether or not he taught IH how to make devices that work. Without him touching them.

    ORDER Scheduling Mediation before Thomas E. Scott. Mediation Hearing set for 1/12/2017 10:00 AM. The parties are reminded that a report of the mediation is due within seven (7) days after the mediation conference. Signed by Judge Cecilia M. Altonaga on 7/26/2016. (wc)

    Alan F


    Quote from Alan Fletcher

    ORDER Scheduling Mediation before Thomas E. Scott. Mediation Hearing set for 1/12/2017 10:00 AM. The parties are reminded that a report of the mediation is due within seven (7) days after the mediation conference. Signed by Judge Cecilia M. Altonaga on 7/26/2016. (wc)


    Rossi has time to write a 'user guide and instruction manual' by then. If he cant or the manual doesn't work then IH may have the upper hand. I can see another independent 'test' coming up!!


    Best regards
    Frank

    Quote from Abd Ul-Rahman Lomax

    Sifferkoll is accusing real people of libel and/or fraud. He is an obvious hypocrite.... or more likely, simply insane.


    Good sleuthing work Lomax. :) Have you been able to work out the relationship between "Torkel Nyberg" and "Therese Bernstingl" yet? I suppose by Sifferkol's own logic we should use his failure to come clean as evidence of a conflict of interests. No doubt HydroFusion stock value would increase dramatically as they have a licence to Rossi's technology I think. I wonder how they acquired it with only £27,000 capital? Makes you think that IH have been generous! But HydroFusion stock will only be worth as much as Rossi's reputation. So Sifferkol has to talk it up. Isn't it strange how Fortune works ... he who was so keen on insinuating conflicts of interests in others, now finds himself on the receiving end of his own bitter medicine.

    Quote from Alan Fletcher

    ORDER Scheduling Mediation before Thomas E. Scott. Mediation Hearing set for 1/12/2017 10:00 AM. The parties are reminded that a report of the mediation is due within seven (7) days after the mediation conference. Signed by Judge Cecilia M. Altonaga on 7/26/2016. (wc)


    Full text of the Order is with a complete case file set (except for early procedural fluff like waiver of service) on newvortex in https://groups.yahoo.com/neo/g…tex/files/Rossi_v_Darden/


    https://groups.yahoo.com/neo/g…_scheduling_Mediation.pdf


    Routine court process. Basically meaningless. My opinion is that mediation is unlikely to settle this. Other factors might.

    I doubt that a mediator would do that.


    If the court were to take an active role (rather than just have the two parties present their cases to a jury), then the appointment of a Special Master might be the way to go.


    Of course, this is all meaningless until IH files its answer (which might initially just be "denies" for each remaining count) and any counter-claims.

    Quote from Hermes

    Good sleuthing work Lomax. Have you been able to work out the relationship between "Torkel Nyberg" and "Therese Bernstingl" yet?

    If someone cares, I mentioned googling them. It is not particularly relevant here, other than there being a likely conflict of interest along the lines of that described and denied in the customer statement included with the Agreement as an Exhibit in Rossi's Complaint (those docs are all in the filespace on newvortex). I prefer not to do more than note that Therese Bernstingl is a shareholder in Hydro Fusion, the Rossi licensee for Sweden. In his avoiding disclosure, Sifferkoll actually revealed a stronger conflict, his own put investments. He thinks I want him to lose money. No, I don't. What I'm suggesting is simply sanity, distinguishing between fact, which we can know with high certainty, and interpretation, which is the world where "evil" and all that lives.


    We make up stories, and then confuse our own stories with fact, and defend and promote them as if they were fact. It's a fact that Therese Bernstingl owns some stock. The interpretation? I really left it to him. Their relationship? Whatever it is, I hope it is a joy for both of them. Nice photo on google images. Really!

    Yes. Everything is as David French describes. He did not examine an issue of one of the "facts" that the Judge assumed were true, that is apparently totally false, that Industrial Heat is a "wholly-owned subsidiary" of Cherokee Partners. Rossi asserted this or sufficiently implied it that she allowed to go forward what depends on that. I.e, the action of a wholly-owned subsidiary can be considered the action of the parent corporation. But IH is not that and has never been that. Rossi believes he was told this, even though he must have known better, or certainly any attorney would have told him. So I expect to see, once there is more fact in the record, some motions for Summary Judgment.


    As David points out, litigation can be like a wild horse, it can go off in unexpected directions. However .... not usually! IH just filed a request for an extension of time to file, from August 2 to August 5, giving as a reason time needed to prepare counterclaims and a possible claim against a third party.


    That's fascinating. I think it obvious whom the third party might be. Someone who had a professional responsibility to IH, who was paid for his report, and who is suspected of failing at it.

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