New Lawyer Added to Leonardo Team — Brian Chaiken

Actually, three attorneys were added, and I put up the file yesterday. A number of people active on E-catworld are subscribed to newvortex and get file upload notifications.

I think that the fellow who is putting up the files on googledrive is independently downloading them from PACER. Or Pacermonitor, which has high charges....

Annesser has moved his email address to the new firm. I don't see a withdrawal from Ms. Silver yet.

She was a highly experienced attorney, and my guess is that she finally looked at this case and said something on the order of "WTF! You filed this abortion? Four out of eight claims shot down in an MTD? The rest depending on misinterpreted and misleading statements from our client? GTFO!"

Probably more politely. And she would never say this in public. I once was doing some work for two attorneys who had represented a plaintiff who had sued me, where I had settled (as I always have). One of them said, "You know, in that case, I think we were on the wrong side." The other said, "You know we can't say that!" And he was right. That was a violation of ethics, though minor and harmless, because the old case was over and totally settled.

It's just a guess. The new lead attorney, signing the Appearance, seems highly competent, we will see what shows up. Rossi has to have approved of this, of course. And his fees probably just went up substantially, if he continues to fight this.

Discovery is very expensive. So there may be a settlement, if Rossi is willing to listen to counsel, before then. I have no doubt that IH will listen to counsel. They are professionals themselves.

Quote from barty

Rossi started the law suite.
And now, where IH is heavily accusing Rossi with facts, he tries to settle the case?

What should that say us?

Nothing, because there is no evidence that Rossi is trying to settle. The evidence is that he has hired a possibly more competent and experienced attorney. Who does have experience with settling cases.

A good attorney will settle cases for what the client could get at trial, or close, without incurring high legal fees. Or, more accurately, will advise such settlement.

It's fairly clear to me that Rossi filed without going through an extensive effort to negotiate, involving mutual disclosure mediated through attorneys. Instead, he rushed to file, so much of a rush that he filed the day before the payment became past due.

That's evidence of an incompetent attorney or an intransigent client. (or both!)

Quote from Eric Walker

after attempting and failing to recover a Yahoo! login (first created 10 years ago?) with my Gmail account.

You can create a new yahoo account from any basic email. Gmail is secondary.

If you no longer have the original email account used to create the yahoo account, then it may be impossible to recover, you would need to create a new one.

.

Weird. PACER seems to be down right now, but Pacermonitor shows these two additions today. You cannot tell from pacermonitor, but these two attorneys were already added, I'd thought, as part of the Chaiken appearance (that document is on newvortex) I guess they are appearing individually too. I'll download the files as soon as I can get access to PACER.

Access problem persisted. I was able to log in, then no response to query. Tomorrow. I don't think there is anything of particular interested here, those attorneys were already named. Overall, it looks like Rossi has figured out that he needs much more attorney muscle. He has eleven days to respond, unless they ask for more time, which they may.

37 notice Notice of Hearing by ATTORNEY ONLY Thu 4:51 PM
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 8/30/2016 11:00 AM in Miami Division before Magistrate Judge John J. O'Sullivan. (Annesser, John)

Pacermonitor calls this a "Discovery hearing," and such ("Discovery disputes") would be heard by the Magistrate, see document 20.2.

Quote

PLEASE TAKE NOTICE that the undersigned will call up for hearing before the Honorable Magistrate Judge John O’Sullivan at the C. Clyde Atkins U.S. Courthouse, 301 North Miami Avenue, 5th Floor, Miami, Florida 33134 on Tuesday, August 30, 2016 at 11:00 a.m., the Plaintiffs’ Objections to Third Party Subpoenas. The Court has allotted 30 minutes for this hearing. (signed by Annesser.)

What is going on here?

There were "subpoenas" issued to the counter complaint defendants. Those would not be part of discovery process, though, those are notifications that they are being sued. I would think that the Magistrate would have no jurisdiction over them.

So have other subpoenas been issued by IH, discovery subpoenas? Would these be filed with the court, placed on the docket? (I don't know.) Subpoenas to those not a party to the suit are called "third party subpoenas."

I first thought that Rossi might be objecting to the subpoena of Johnson, based perhaps on Johnson being his attorney. That would be a weird objection here, though, as Johnson was clearly represented as an independent agent of a different company, and did not act as Rossi's lawyer, as far as we know, in the relationship with Industrial Heat.

There is no clue as to the dispute.

Dewey was one of the founding partners of Dewey, Cheatham & Howe.

https://en.wikipedia.org/wiki/Dewey,_Cheatem_%26_Howe

Porpoise used to work at the Wall Street firm of Salmon Brothers, if I am not mistaken.

Quote from Shane D.

I have been involved in many legal issues going back 26 years now. One thing I can say is that when you settle on a lawyer to handle your case, you fully expect to keep working with him/her for the duration. You do not plan to switch lawyers at various…

Perhaps some of the previous attorneys asked to be present at an eCat test and bring their own instruments!

(Just my bit of humor for the day)

Quote from Shane D.

Not sure if this comment from an ECW poster is true:

"But Fernando S. Aran is the new attorney on behalf of J.M. Products, Johnson and Quantum Leap"

If so, why would a real company that produced some expensive, exotic product, decide to share the same lawyer as Johnson, and especially Fabiani (Quantum Leap)?

It would seem they could afford their own. Hmmm.

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Easy in this topic to make a mountain out of a molehill.

Aran made a "special appearance" on behalf of the counterclaim defendants, including "John Doe" (James A. Bass), merely for the purpose of waiving service of the summons, which gives them much extra time to file an answer, which was 21 days without this, it is now 60 days. It makes sense to have one attorney file this. Johnson lives in Florida and is an attorney, and Aran might even be doing this gratis. It's just filing that paper, nothing else.

There is a weirdness here, all right. This action connects James Bass with Johnson, for sure. There had to be a James Bass to agree to allow Aran to appear for him, unless Aran erred and just put what Johnson told him to put. This is a nifty subplot, adding some spice.

(Without this, James Bass could have been entirely a "Rossi operation." If Johnson was not involved, he would not have allowed this filing as-is. Of course, if there really is a customer and James A. Bass is really their engineer, then this works. That the same attorney would represent JM Products and Johnson is meaningless, since Johnson represents JM Products (real and independent or otherwise).

Penon has not appeared, and may want to avoid service of process. If so, that is another concrete block on the feet of Rossi's case, because it would make it very difficult for Rossi to prove the Penon report, without Penon testimony, and Penon can't give testimony without being exposed to service of process.

Right now, Penon may be, to use the technical expression, "freaked out." "What the hell did I get myself into?" Or maybe he is sitting somewhere, having been given plenty of money, under an assumed name and enjoying the weather or whatever.

Quote from Shane D.

I have been involved in many legal issues going back 26 years now. One thing I can say is that when you settle on a lawyer to handle your case, you fully expect to keep working with him/her for the duration. You do not plan to switch lawyers at various points until the end, as has already happened with Rossi. Consider also, that this switch occurred during the early, critical phase, right when Rossi has to respond to IH's counter-claims by 2 Sept.

That seems unusual to me, and indicates some internal discord.

Not necessarily. Annesser is still on the case, just filed that discovery hearing notice that I covered. He may have moved to a new firm, from Silver Law Group. Ms. Silver seemed to be highly experienced, but we don't know if she actually took any interest in the case. Maybe she took one look at the Answer and freaked out. "WTF! You took this freaking case? First you didn't notice the missing signatures and just tossed those papers in the blender without fixing them? Now it appears that the whole case you filed is mincemeat? I don't like losing. GTFO! I have a friend at this other firm that might take pity on you and your client. Tell the client it's going to be expensive."

Annesser is still listed on the silver law group's web site -- http://silverlawgroup.com/ -- as an "associate." He is a relatively new attorney. Patricia Silver has not formally withdrawn from the case, as far as the docket shows. Annesser is not listed on the pbyalaw.com web site.

Annesser has definitely moved to the new firm, after four years with Silver, though. https://www.linkedin.com/in/john-annesser-esq-8b13b013

The Silver Law group web site still has a link to http://finance.yahoo.com/news/…d-inventor-192600523.html

It appears to be a press release issued early in April by Annesser.