Plaintiffs/Counter-Defendants’ Motion to Dismiss Defendants Amended Counterclaims against Plaintiffs and Memorandum of Law

  • Mary Yugo wrote:
    I don't know what Jed means by suggesting that Cherokee and IH invest money belonging to Vaughn and Darden, if that is what his ambiguous comment meant.


    Of course that is what it meant. What else? What is ambiguous about it? It was Darden's money. So I've heard.


    First of all, there is no evidence of any Cherokee money having been invested in Industrial Heat. Someone came up with $1.5 million to secure the contract before there was a share sale for Industrial Heat. The share sale was a few days before the money (another $10 million) was due from the Validation Test. I assume that the $1.5 million was repaid with stock. Probably not with cash, my sense.


    Cherokee typically operates by starting limited real estate partnerships for environmental clean-up projects, putting in, it is said, about $25 million. Then others invest, and total investment might be $100 million. Some of these go bankrupt. They could lose up to $25 million. But others make a lot of money. How much of the Cherokee money is actually Darden investment, I don't know. Some, very likely.


    By the way, in this business, one would learn detachment. Win a few million, lose a few million, now, what's for dinner? Perfect for dealing with Rossi.


    I do not know the proportions of investment in Industrial Heat. From the share levels in IHHI, however, Darden is a major investor, so is Vaughn. But there are others. My guess is that they ultimately raised the full allowed share sale, $20 million, and operated on that. Then in 2015, Woodford came along; it appears that IHHI was created in England, in order to receive the Woodford investment, and IHHI and bought IH with shares. This is not a project designed for any short-term return. If Rossi technology had been transferred and worked, it might have been making money already, lots of it, but they knew the game when they got into it. As the recent comment from Woodford shows, they are in it for the long haul. I suspect that before there is any profit, they will have to put in more money, maybe a lot, but I also think that they may start trying to leverage governmental investment. After all, they do have an APCO contact! (not "contract," I doubt that they have paid APCO anything yet, because they are not in that game yet.)

  • Adb, I have a concern. A few hours ago in this thread you said this quote "Hi, Andrea! Your friend who stands for his children here."


    Do you have any evidence based on fact to make up this claim? If so I may have missed it. Maybe it was said in the heat of battle and after a long day my sarcasm meter is not functioning properly.


    What claim? That's about me. However it is a reference to a Rossi blog post about me, and specifically to his last sentence.
    http://www.journal-of-nuclear-physics.com/?p=892&cpage=157#comment-1229980


    Quote

    P.S. The guy who wrote these bestialities must be pardoned: he is a puppet paid to write bestialities and, as they say in Italy ” Pure lui tiene famiglia” ( he too has to feed his family )


    My first clear appearance on the Rossiblog! AFAIK, all earlier possible reference were much more vague.


    It seems the Rossiblog is still blathering on, possibly about this same issue, it's not clear this time:


    As one of the "puppets," I know that there are almost certainly no puppets at all. There are independent commentators as there have always been. Nobody is paying Mary Yugo, on the pseudoskeptic side, and nobody is paying Jed Rothwell and myself, who are allegedly "cold fusion believers." Certainly both of us think the evidence for the reality of LENR is overwhelming. I was always carefully neutral about Rossi -- at one point some evidence appeared that looked good and I flipped to positive for a short time, then when I realized that it was like all the rest, ambiguous, I backed off. Jed was also positive, possibly more positive than I ever was, even though Rossi had been totally rude to him. But Rossi v. Darden blew everyone's fuses. Even before we saw the details!


    (the sequence Rossi refers to is described on https://groups.yahoo.com/neo/g…/conversations/topics/852 ) The "hostile blog" is lenr-forum.org.

  • Adb, I have no reason to doubt you at all. I just wanted to understand. Followed your link and I read your Yahooo thread. It honestly was sometimes hard to identify who said what. I always want to know where someone is coming from. As I said I read the Wikipedia reference. But I like to ask plainly. And you kindly gave me an honest response. I mean it.
    -Rigel

  • As one of the "puppets," I know that there are almost certainly no puppets at all. There are independent commentators as there have always been. Nobody is paying Mary Yugo, on the pseudoskeptic side, and nobody is paying Jed Rothwell and myself, who are allegedly "cold fusion believers."


    Strange that you would feel the need to try and convince readers that none of you 1k+ posts filibustering machines, are paid in any way, shape or form to spend your days laying blanket denials on this forum (and others)...

  • About the meeting of Tuesday, you obviously can come when you want, while Joe Murray cannot enter in the factory of JM because, as I have explained to Tom during the visit with Brian Mc Laughlin,


    This was in July 2015. This was already, by then, a major breakdown.


    Blatant violation of the agreement. Totally invented.


    The IH defenders show their thin skin...


    Abd : AR just behaved as written down in the contract (which the greedy investors accepted..), which denied IH access to the customer (JM) factory!


    In this crucial case ABD is simply lieing and distributing counter FUD.



    I.H. was defrauding itself?! That's remarkable. How does that work? Should they file suit against themselves? Or reimburse themselves?


    Jed: Sometimes Your mind seems to be troubled. JM was never owned by IH and thus (IH) billing them is about IH being a part of the dirty game.


    To make it clear once more: I have no sympathies for any player of both sides in this story. But if people claiming to be outside, and pretend to be objective, start to lie, then it's simply to much.

  • I would like to remind members that 'doxxing' is considered to be unacceptable by many members and moderators here, and has been the cause of complaints and calls for action from several members on more than one occasion recently. While speculating openly on the possible identity of a couple of apparently female posters is not exactly doxxing - it is in my opinion close and should not really be continued since it adds little value to the discussion, and is merely a sneaky form of 'ad hom'. (or ad fem).


    Restraint please!

  • randombit wrote:

    I have already explained to [Paradigmnoia] MANY times that you and others are simply NOT understanding what emissivity is.


    Perhaps this is because your rather eccentric and aphysical explanations abstract from spectral emissivity, so that emissivity 8-13um must be identical to emissivity integrated over a Planck function that peaks way below (in wavelength) 8-13um. This in the face of many clear empirical contradictions posted by Paradigmnoia.


    You have not a leg to stand on. If as you say most IR Thermographists share your disability we must just hope and pray that they never have to measure uncalibrated Al2O3.


    Oh but wait! The first rule in the IR thermography manual is don't use book values for emissivity, always calibrate your surface at temperature...


    Hmmm...

  • I think Randombit0 knows the difference by now. But it is important to her to argue and deny to keep up the morale of Rossi supporters.
    People are (obviously) for the most part uneducated in physics, and supporters with an education often don't bother to check the details. Supporters, educated or not, will be satisfied with repeating or paraphrasing Rossi's words. Laymen including jury members will choose the argument of the side that looks nicer. So THH you don't stand a chance (I think I saw a couple photos of an ex Forum member that is allegedly you). Now when in Court you won't be there nor Randombit0 's charming avatar. But Rossi has fascinated so many people that he will likely charm the jury members as well.

  • Would hate to see the court case thrown out on the technicality of whether a 6-cylindar reactor were tested or not.


    Might be too much to ask, but either proof that ECat works or Rossi is a flagrant fraud is the preferred outcome.

  • But it is important to her to argue and deny to keep up the morale of Rossi supporters.


    "Morale of Rossi supporters "
    Why you boys imagine everything ( and oh yes I mean Every-thing ) like a football match ?



    I'm not writing about sports and supporters here but about Science.
    Eventually in Court there will not be my avatar, but me, with other experts. And at that time would be clear WHO is trying to poison the Jury.

  • I just feel that such gorgeous avatars should be banned. It is an unfair advantage, even though we know the real face behind is probably not so attractive (if not give me a call :) ). Sex, and science theoretically should not be compatible. But I can not help looking at that picture, and compare to our old TCs real face, and not side with the prettier face. Sorry TTH, but I am a weak person. :)

  • THHuxley wrote:


    Oh guys what a wonderful high tech language ! What a wonderful word to put on Scrabble !
    It's really a shame that's not even a word !


    There is nothing eccentric, apart writing in this forum, nor unphysical ( ʌnˈfɪzɪk(ə)l/ adjective ), in my explanations.


    This is classic pedantic trolling. Randombit0 obviously knows how to read the word and, yes, it means "unphysical." It's a word, I've encountered it many times. It has simply not penetrated the dictionaries, but it is in actual use, so it will, eventually. This is not a game of Scrabble, which uses a standard dictionary to determine what is a word or not, though Rossi has long attempted to make it so.


    Perhaps Randombit0 will care to comment on the preposterous claims of Rossi about "kWh/h" -- which is not "incorrect" in itself, merely an unusual usage -- and Rossi's claim that reducing the unit to simply kW is "stupidity," even though the source Rossi refers people to for knowledge about the physics, Wolfson, makes that "stupid" claim, explicitly, even though this is basic physics which any elementary student of physics would know, and the same would also know, off the top of their heads, that 1 kWh is not equal to 3526 kilojoules, as Rossi claims.


    Rather, since a joule is a watt-second, the conversion ratio is the number of seconds in an hour.


    Meanwhile, Rossi v. Darden is on fire and Planet Rossi is fiddling furiously about anything else. A week ago Jones Day filed a Motion for Judgment, and Rossi responded yesterday. He is giving arguments that might succeed in avoiding dismissal, if the judge does not notice the requirement for a writing signed by all parties to set the date for the Guaranteed Performance Test or to make other changes, but that will fail miserably at trial, at the same time complaining that IH is raising the legal costs. Pot Kettle Black.


    Case files on newvortex, as usual.

  • But Rossi has fascinated so many people that he will likely charm the jury members as well.


    His expectation that he may do that would be why he requested a jury trial. However, the obstacles he faces are many, and not terribly complicated, and even if he manages to charm the jury and the judge, there will then be an appeals court, which will be quite unimpressed.


    1. Estoppel on the date of the test (i.e., the Second Amendment) was reasonable and would survive an appeal.
    2. Estoppel on the lack of written agreement to a test date will not.
    3. Statute of frauds disallows Rossi's claim of Cherokee backing of the payment.
    4. The "Whole agreement" clause of the Agreement bars that same claim.
    5. A claim of fraud which has no factual basis other than nonpayment of an alleged debt, and an alleged verbal representation four years ago, not reduced to writing and contrary to the actual written agreement, is not allowed. This would not survive appeal.
    6. The evidence that the Doral test was a Guaranteed Performance Test appears to be entirely Rossi Says. Rossi implies that this was said to IH, but does not actually state that. Rather Rossi sets up circumstantial evidence that looks like it implies that, the strongest being the assertion that Darden approved the "test protocol" for the GPT. No document has been entered into evidence on this, IH denies it, and Rossi has not responded with a reply to the Answer, only motions to strike or to dismiss *other parts of the Answer."


    (Darden likely approved a "measurement protocol," but not for a GPT, rather for monitoring power in an installation for the sale of power and for demonstration purposes, which is how the Doral plant move was sold.)


    7. It seems quite possible that Penon will not appear to testify to the "ERV Report." If not, there goes Rossi's claim about it. There is, then, quite a sound legal reason for IH to not release that report. It could be considered admission.
    8. The issue of heating of the warehouse by a megawatt will be examined by experts. It's hard to hide a megawatt, and why would one even try? However, that is exactly what Rossi appears to have done by setting up the phony customer, i.e., to hide the power application. This would never have been allowed in a GPT on which a payment of $89 million was to be determined. but a sale of power would be easily allowed. "No sweat, Andrea, you have the approval of that customer, not a problem for us! The plant is useless to us, but if your customer is willing to pay, why should we complain?"
    9. I could make up a reason, as Annesser makes up reasons, and Annesser thinks that all "logical possibilities" are equally probable. He has a point, but there is the matter of "reasonable." Making up a reason would then allow me to claim "10 Reasons why filing Rossi v. Darden was stupid, Rossi shooting himself in the foot."
    10. If Rossi clears the bar on all these hurdles, IH declares bankruptcy and Rossi gets no money. The $50 million from Woodford, whatever portion of it has not been spent, is safe in IH Holdings International, Ltd, and that was probably deliberate. Rossi's attempt to pierce the corporate veil, here, would never pass muster in an appeal, it barely survived a Motion to Dismiss based on a false interpretation of the Complaint. It would create chaos in law regarding LLCs.

  • I'm not writing about sports and supporters here but about Science.
    Eventually in Court there will not be my avatar, but me, with other experts. And at that time would be clear WHO is trying to poison the Jury.


    This is Randombit0 admitting being Rossi, quite clearly. It was already quite clear, but this nails it, if any doubt was left. This is truly useful information, we are seeing Rossi arguing in a forum that he does not control. We are seeing that he uses at least one sock puppet, and we also strongly suspect true sock puppets on his blog.


    By the way, an ordinary fraud would not do this. This is more evidence that Rossi is insane. People tempted to rely on what he says would be well advised to keep this in mind. People who are insane are often right about this or that, and one of the techniques of dealing with insanity is to assume that the person is honestly saying what they believe. Calling an insane person a "liar" is never productive.

  • Don't want to call this an evidence for an investment, however what is behind this private placement?
    (Noted by Bloomberg, Dec 31. 2013):
    http://www.cobraf.com/showimag…mmagini/R_123546037_1.jpg


    I don't know. What is critical in Rossi v. Darden was the claim that Industrial Heat is a wholly-owned subsidiary of Cherokee. Industrial Heat is now a wholly-owned subsidiary of IH Holdings International, Ltd, so the present issue boils down to who owns IHHI. There are "mystery shareholders," including, by the way, the Woodford shareholders (there are two trusts involved) but we can identify them by the share assignements, at the same time, totalling exactly $50 million. This was shortly after IHHI was organized.


    There is a shareholder called an IH Nominee, as I recall, substantial, but by no means even a majority shareholder.


    The Cherokee page about their CEO, Tom Darden, shows him as having "personally invested" in a series of companies, including Industrial Heat.


    The page linked is an information page, but no URL is given for it, it is just an image on cobraf. Searching for it, I find many pages with misinformation based on internet researchers seeing something and presenting their conclusions as fact, which then get quoted by others. I could not find the page on cobraf that would presumably link to it. While I do not immediately go to a "forged" hypothesis, without attribution, this is on the table. It is also entirely possible that something existed, that was an error, that has been taken down or that is not accessible to the public (in which case it might be an error or not).


    So.... the image has some sort of section for displaying scraped information. The page format does appear to be from Bloomberg.com. See http://www.bloomberg.com/resea…hot.asp?privcapId=1441004


    This is the current Bloomberg page: http://www.bloomberg.com/resea…shot.asp?privcapId=127890


    It does not show data more than a year old. That report was dated in early 2014. Bloomberg attributes the information to "Capital IQ."


    The date of December 31, 2013, would probably the date of some report that appeared somewhere. The meaning of this is obscure. In late, 2012, $1.5 million was paid to Rossi to secure the Agreement. The first share sale was a few days before the $10 million payment was due, that raised about $11.5 million -- enough to pay back the $1.5 million, wherever it came from plus the $10 million, and then there was an allowed continued share sale with no further notice to raise a total of $20 million.


    The most likely source of the $1.5 million funding (probably considered a loan) was from Darden personally. However, it is not impossible that Cherokee loaned IH the money. That could trigger some kind of report of a "private placement." Of a loan.


    There is no sign that as of the formation of IHHI, there was any Cherokee ownership, that I've noticed.


    This image was mentioned on ecatnews, April 5 of this year, citing the image from cobraf and attributing the information to Bloomberg, but that image is not from Bloomberg, probably. It was likely some site scraping from Bloomberg. Or ... it is private only for Bloomberg subscribers. Most opinionators are not cautious about sources, and the blogosphere becomes a vast network of unverified and unverifable rumor.


    I am sure that Rossi's counsel would be filing an interrogatory on Cherokee ownership of IH, and vice-versa, that IH would be asking Rossi for evidence that Cherokee is "sole owner" of IH (which does appear to be blatantly contradictory to the record).


    Quote

    BTW: In the docket there is now a another response in Opposition re43

    Yes. I checked the docket last night and found the filing and put it on newvortex. It's document 44. It is not yet on pacermonitor, which is often delayed over the weekend. Pacermonitor did not check for updates all day yesterday; this was filed late in the day.

  • It's Mrs. Rossi's avatar, I guess.


    No, it's Rossi's avatar, here. Randombit0 has clearly acknowledged being Rossi. This is unmistakeable: Plaintiffs/Counter-Defendants’ Motion to Dismiss Defendants Amended Counterclaims against Plaintiffs and Memorandum of Law <--link -- I don't know why this goes to the bottom of the page. The actual post is by randombit0 above the bottom.


    So I'm taking this opportunity to welcome Andrea Rossi to lenr-forum.com. Now that I'm sure about the identity, I intend to read posts by this user with heightened interest. I've already read back and it's enlightening. Thanks, Andrea, for sharing your reality with us.

  • IMHO: Style of writing does not match. Grammar and typos does not match. Randombit and Andrea Rossi does not match.


    Ah, so much we imagine that we can discern reality so easily!


    Once upon a time I would load many, many examples and analyze thoroughly various behavioral patterns. I did this, to some extent, on Wikipedia. In the end it doesn't matter, and it is not worth that effort. If randombit0 is not Rossi, it does not reflect badly on Rossi, obviously, and if he is, it does not reflect badly on Rossi more than Rossi already reflects badly on Rossi. Randombit0 actually engages here, even though it tends to be rather one-way, fingers stuffed in ears. But lots of people do that. I find randombit0 far more interesting as Rossi than as some random troll pretending to be Rossi by presenting thoroughly-Rossi-soaked arguments. I looked back over RB0's contributions. Again and again, very clearly "Rossi argument." But presented with somewhat more sophistication, I do recognize a difference. I suspect that here, RB0 feels more free than on JONP. And, of course, there is plausible deniability here. "That wasn't me!"


    I am always wondering if communication is possible. Rossi on JONP has excoriated me and others -- old friends -- as "paid puppets." He just criticized a comment I'd made, a rather off-hand comment, and it was presented in a completely distorted fashion by "another," -- Rossi sock? There was no citation of the comment, and, basically, I had not said what Rossi was reacting to. But he then showed signs that he'd read what I'd written. So how is it that on JONP Rossi goes ballistic over something that didn't happen?


    Will this happen here? I don't know. This environment is uneven. I am now blocking a few users (something that I have very rarely done in the past). I'm finding that it provides me with reduced temptation to waste time responding to insane, repetitive fluff. Information filtering. Amazing thing, necessary in our time. There are bypasses if someone really has something to say.


    It drives trolls crazy. Sane people don't care. Or will ask to be unblocked. Trolls will use it as proof you are ... something Bad.

  • I wonder why Abd feels the need to keep repeating that he blocks people? Maybe he doesn't realise that it is really just a form of trolling in itself.


    Seems to me like it's the adult equivalent of putting his fingers in his ears and saying "la la la la la i'm not listening".


    I take great comfort from the fact that only the sane can be 'driven crazy'; It's those of us who are less well grounded in reality that really need to worry. Eh Abd?

  • A magificance or a masterpiece? IMHO: Ramdombit is not A. Rossi. .
    Abd might post another 4 pager about this issue.


    Aw, the two photographs were taken many years apart.


    Now, not to disappoint bang99: here is some more.


    A little story from Brad Blanton, the Radical Honesty guy.


    https://radicalhonesty.com/201…t-over-shit-and-be-happy/



  • No, it's Rossi's avatar, here. Randombit0 has clearly acknowledged being Rossi. This is unmistakeable: Plaintiffs/Counter-Defendants’ Motion to Dismiss Defendants Amended Counterclaims against Plaintiffs and Memorandum of Law <--link -- I don't know why this goes to the bottom of the page. The actual post is by randombit0 above the bottom.


    So I'm taking this opportunity to welcome Andrea Rossi to lenr-forum.com. Now that I'm sure about the identity, I intend to read posts by this user with heightened interest. I've already read back and it's enlightening. Thanks, Andrea, for sharing your reality with us.


    I called out randombit as being Rossi months ago....if I recall correctly, he was not so very pleased about it. If only Rossi was as transparent with his fake devices as he is with his fake users....lol.