The Industrial Heat Answer

Heh! Gotcha! I just checked. It's not in. Due tomorrow. Watch this space!

OR

???

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REad please my Ego Out editorial of yesterday and of today )coming soon) and make your bets:- total war- just gain a bit of timeFor the second variant the formulation will be as fuzzy as in the Dismiss documentthe known 4 points.peter

Blast from the past at the link below, Peter. How did that work out for you? Learn anything from it?

http://egooutpeters.blogspot.c…has-kept-its-promise.html

Anybody know when the response from IH is expected? Is anyone looking at the pay site?

Quote from Eric Walker

I've been checking it periodically, as I assume others have. This is a link to the site. I will probably not set up an account to purchase it.

That is not the actual court site. It is a site, pacermonitor, that sells access to court documents, at a higher price than what they can be obtained for from PACER itself. I have a PACER account and am watching for the Answer to appear.

Pacermonitor is often updated at midnight. Sometimes it is longer than that, i.e., I think I saw a Friday filing not appear until Monday. However, I'm not relying on pacermonitor for this.

I decided to research what happens if an Answer is late. Mostly, nothing, as long as it does come in within some reasonable time. There is a case where an Answer was 10 months late and a plaintiff motion to strike the Answer as late failed. But the court reprimanded the defendant! Essentially, according to all sources, a few days late would be trivial, of no major consequence.

I'll still be surprised if IH files late, and they have until midnight tonight (filing electronically). I'm just pointing that while Planet Rossi might start screaming, a few days would certainly be moot.

The question was when it is due. It is due today, August 5, by midnight.

If I were a defendant's attorney, and it came up on the last day that more time was needed to complete some issue, I would probably not move for additional time. But Jones Day will know court process and what judges will and will not generally accept.

If, for example, they filed the document on Saturday (and I think they can file this electronically at any time), big deal. By the time the Judge went back to work, it would be in.

Quote from Alan Fletcher

Pacer Monitor has the advantage (for cheapies like me) that it shows all entries in the docket, with a short summary.

Sure. PACER itself allows accessing the docket as well, but there are page charges for the docket. I used pacermonitor for some time, not wanting to pay for docket pages over and over. Then I realized I could request the next document, for no charge if it wasn't there. Right now, the next document is number 29.

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The main disadvantage is that it's not real-time ... Rossi v Darden seems to be updated just after around midnight each day.

As I have written, it can take longer than that sometimes. Since I started checking for the new document directly, I have had the document up on newvortex same day. Then Engineer48, who is a newvortex subscriber,gets the email with the file upload notice, gets the file, and gives it to Frank Acland, who credits him....

All the files except for some early boilerplate (such as waiver of service) are in the filespace on new vortex, with a brief summary, and the files can be immediately downloaded, all from one space. Before I put them all there, they were only available scattered on different sites with no index.

https://groups.yahoo.com/neo/g…tex/files/Rossi_v_Darden/ ... to read this, one must have a yahoo account, be logged-in, and be a subscriber to newvortex, https://groups.yahoo.com/neo/groups/newvortex/info. Subscription is immediate on request.

An attorney tells me that he believes the file will not appear on-line until the clerk has processed it, which won't happen until Monday, even if it is already submitted. That could be correct.
edited: Apparently someone in the clerk's office works on Saturday. The Answer has been filed. There will be attached Exhibits, lots of them, not yet filed when I looked.

https://groups.yahoo.com/neo/g…tex/files/Rossi_v_Darden/ file is 0029.0_Answer.pdf

From the file:

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Industrial Heat and IPH (collectively “Counter-Plaintiffs”) bring this action against
Leonardo; Rossi; J.M. Products, Inc. (“JMP”); Henry Johnson (“Johnson”); Penon; United States
Quantum Leap, LLC (“USQL”); and Fabiani.

What did they expect? Flowers?

There is quoted correspondence from Rossi that makes him look like a shameless manipulator, willing to deceive and cheat Hydro Fusion, all the while calling his behavior a "masterpiece." I have not yet seen the Exhibits mentioned.

Thanks, Abd

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Eventually Counter-Plaintiffs discovered that the test that Leonardo and Rossi
were conducting, in conjunction with the supposed “customer” in Miami, was not a real test at all,
but a carefully scripted effort to deceive Counter-Plaintiffs into 1) providing Leonardo and Rossi
with credibility in their efforts to license and promote the E-Cat IP to others and/or obtain
investments from others in their business ventures, 2) making the third payment under the
License Agreement to Leonardo, 3) paying a multitude of expenses of Leonardo and Rossi
including in connection with their operations in Florida, and 4) paying Penon and Fabiani for
services not rendered and reimbursing them for unnecessary expenses.

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The above are allegations of fraud.

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Following the Validation testing, a process was undertaken for Leonardo and
Rossi to assemble for transfer to Counter-Plaintiffs all E-Cat IP. On June 9, 2013, the escrow
agent released the $10 million to Leonardo.

Who was the escrow agent? Frank Acland? Hank Mills?

Rossi admitting to being a rank crook:

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Rossi described his efforts at deceiving Hydro Fusion as a “masterpiece”: “I got rid of the
European big license I had to sign. I made a masterpiece making them go voluntarily . . . I will explain personally.”6

More crookery:

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Unbeknownst to Counter-Plaintiffs, everything material in the Leonardo and
Rossi proposal was false – there was no customer in Florida who needed steam power for its
chemical products processing, there was no intention for Leonardo and Rossi to operate the Plant

to provide power to a real customer, and there was no intention for Leonardo and Rossi to seek
authorizations from regulatory agencies to allow the Plant or subsequent E-Cat plants to be used
for other commercial purposes. Instead, the sole intention of Leonardo and Rossi all along was
to find a way to get the Plant away from Counter-Plaintiffs and then to conduct a fatally flawed
(and fatally late) run at demonstrating “Guaranteed Performance” so that they could falsely claim
to be entitled to an additional $89 million payment under the License Agreement.
72

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Yet more Rossifiction (lies and crookery):

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Leonardo, Rossi, JMP, and Johnson also restricted access to the JMP area at the
Doral location, claiming that there was a secretive manufacturing process being conducted there,
when in fact it was simply recycling steam from the Plant and sending it back to the Plant as
water.
80

Also there is this which is exactly what Rossi probably did with "Domenico Fioravanti", another "John Doe" ROTFWL!

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They even had an individual pose as James Bass in a meeting with Industrial Heat and express
JMP’s satisfaction with the steam power JMP was receiving from the Plant and using to run its
manufacturing operations. Attached as Exhibit 20 is a copy of the business card provided by this
JOHN DOE representing himself as JMP’s “Director of Engineering.”

At this point I am wondering how in the heck Rossi ever thought he would get away with ANY of it.

Uhho....

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Fabiani, USQL and Penon also played critical roles in the scheme to hide the fact
that the Plant does not perform up to the standards set forth in the License Agreement... ... Despite have full knowledge of
the flaws, Penon nevertheless issued his false final report on March 28, 2016, claiming that
guaranteed performance was achieved – and that the COPs achieved by the Plant were literally
many multiples greater than ever claimed by anyone else (other than Leonardo and Rossi) who
had ever tested an E-Cat reactor. Not surprisingly, since the day he left Florida in February 2016,
Penon has refused to discuss his measurements, his measurement plan and design, or his report
with Counter-Plaintiffs (though he has requested that Counter-Plaintiffs pay him for his work).
COUNT

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COUNT III: FRAUDULENT INDUCEMENT

!!! <<-- there you have it. The F word direct from IH.

And the punch line?

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COUNTER-PLAINTIFFS’ PRAYER FOR RELIEF
WHEREFORE, Counter-Plaintiffs respectfully request that the Court enter judgment in
their favor and against Counter-Defendants and Third Party Defendants as follows:
i. For compensatory and expectation damages and/or restitution in an amount to be
determined at trial;
ii. For costs of suit and for attorneys' fees and costs;
iii. For pre-judgment interest; and
iv. For such other and further relief as this Court deems just and proper.

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It will be highly amusing to watch how Rossi tries ineffectually to weasel himself out of this. Dropping his lawsuit will NOT be enough-- not nearly enough.

ETA: I've long maintained that "Fioravanti" was part of Rossi's gaming his marks and that he either did not exist with that name or was an old friend and co-conspirator of Rossi's. Anyone doubt it now? And I was roundly abused for stating my hypothesis.

@Jed

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. If Rossi had not filed the lawsuit, there would be no "war." I.H. was willing to ignore him and write off the $11 million.

Still think this after reading the counter complaints? Write off $11M? Of other people's money? After being cheated by a coordinated bunch of crooks? Not likely!

Wait till you see the Exhibits!

Quote from Mary Yugo

@Jed
. If Rossi had not filed the lawsuit, there would be no "war." I.H. was willing to ignore him and write off the $11 million.

Still think this after reading the counter complaints? Write off $11M? Of other people's money? After being cheated by a coordinated bunch of crooks? Not likely!

With all due respect, no, cancel that.

STFU, Mary. You have no concept of how IH was operating and why. The $11.5 million was mostly their own money, first of all. Secondly, they realized there was a serious problem by 2015. They apparently decided to give Rossi maximum rope. They might have continued to do that for a time that I could not predict. What they had for their $11.5 million was valuable information and a Licence just in case Rossi did develop something that worked and could be confirmed.

The valuable information was that the Rossi claims could not be substantiated even with a monumental effort, and that Rossi was willing to cheat and manipulate testing. That, therefore, the whole Rossi Effect line of inquiry was suspect, until and unless there was truly independent confirmation, which still has not happened. How much was it worth to find that out?

You wouldn't pay anything for that information, other than the waste of your own time talking about it. that is why you are not operating on this level, you, an anonymous troll, are irrelevant. They were, in fact, willing to pay that much, and they knew what they were doing. Their investors are not complaining!

There is one company involved with Rossi that has not been counter-sued. That's the Ampenergo folks. And ... guess who is an investor in IH? Of course, that was last year ... but there is no clue that Ampenergo did anything reprehensible or damaging to Industrial Heat.

The Answer and Exhibits are huge. Planet Rossi may claim that Industrial Heat is lying, but ... there are Exhibits, documents from Rossi, and other similar documents. Are they going to claim that they were forged? Or ha, ha, that Rossi like to shoot his mouth off, he doesn't really mean it! Ha, ha, ha.

Yes, Industrial Heat weaves a story of fraud. Johnson might be sweating at this point. He's the one with the most to lose, probably. Fabiani might vanish. Penon is not in the U.S. IH points out that Rossi has not paid taxes on the money that IH paid him. Do they know? Maybe.

One point that I've already noticed, glancing at the exhibits while downloading them: the agreement between IH and JM Products did not prohibit IH from accessing the customer area. It looks like Rossi made that up. Signed also by Rossi, it provides for immediate access to the Plant, to remove it, when the agreement period was over. Looks like Rossi broke that agreement. (It was mutually padlocked, but why?)

Obviously, for this to fly, IH must be able to show what they have alleged, and it will require more than the Exhibits, and we don't know how Rossi will Reply. Rossi has allocated $1 million for legal expenses. If IH can establish what they are claiming, he's going to owe a lot more than that. Probably everything he has and more.

And nobody sane will deal with him again without insisting on fully-independent, bulletproof testing. He's got a steep hill to climb, if he keeps on.

Did he ask for legal advice before embarking on this course, telling his lawyer the truth? Did he follow the advice? Or did he ignore it and ask his lawyer to file anyway?