New document in Rossi v. Darden: https://groups.yahoo.com/neo/g…nsion_of_time_to_file.pdf
Plaintiffs are asking for three more days to prepare their Answer and counterclaims. This is stated as an unopposed motion, meaning that Rossi's attorney has verbally accepted it.
One aspect of the news here is significant:
2. Currently, Defendants’ answer to the Complaint is due on August 2, 2016. In addition to filing an answer, Defendants intend to file counterclaims against Plaintiffs and are
currently considering potential claims against third parties. As a result, the undersigned respectfully requests an extension of three days, up to and including August 5, 2016, to prepare
the answer and counterclaims and to consult with his clients regarding the answer and counterclaims.
Counterclaims, not a surprise. However, "potential claims against third parties," not a terrible surprise, but I'll confess I did not think of it as arising at this time. I consider it fairly obvious whom that might be.
There is a witness necessary to Rossi's case, critical for it.
There are layers of possibility here.
1. Fabio Penon was claimed to be an expert, and allowed that claim to stand, so he would become professionally responsible for what he wrote as a report, and he was paid. If his report was incompetent, he could be subject to suit for damage done, like any professional.
2. If there was evidence of deliberate falsification, there could be civil fraud claims with triple damages, and there could be criminal prosecution.
We have not seen the report, but, obviously, IH and Rossi and Penon have. There are rumors here from one who has allegedly seen data and confirmation that this was the same as in the report, and incompetence is claimed. Usually these claims fly back and forth and it's fluff. But when there is a lawsuit for $89 million on the table, the "usual usual" isn't. The Lugano professors could be complete doofuses, and, unless they were paid or deliberately created evidence used in a fraud (hard to prove!), they would not be liable.
As soon as Rossi was dealing with a Licensee with depth, his habits could get him in deep trouble, whereas, before, he was largely immune.
We should know by August 5. I did pick up the files directly from PACER, this is not yet on Pacermonitor.