Leonardo's Motion to Dismiss

  • That is indeed the E.ON warehouse in Bondeno/Ferrara.


    Which photo, or both, and how would we know?
    Exhibit 3 is described in the IH Second Amended Answer this way:


    Quote

    The Six Cylinder Unit in the Proposed Second Amendment is separate and distinct from the E-Cat Unit or Plant as referenced in the License Agreement, the First Amendment, and the Complaint. Photographs accurately depicting the Six Cylinder Unit are attached hereto as Exhibit 3. The Six Cylinder Unit remains in North Carolina.


    It could be implied is but not stated that the photos were taken in North Carolina. If there is clarity here that the other photos were taken in Ferrara, that is prima facie evidence that the Exhibit photos were also taken there, though possibly at different times. Rereading the Answer text, the point of the Exhibit is to show what a "6-cylinder unit" looks like, not that the photo was taken in North Carolina, which they do not actually say. The North Carolina statement is separable from the photo.

  • Those blue boxes on the roof seem to be what was turned into the Tigers. Note the lifting brackets. (Edit: photo added with the brackets)


    In October they were silvery-foil wrapped. Which is odd, since the unit supposedly being shipped, photographed by Fabiani, had the silvery reactors on top.
    So maybe it was going to Ferrara, not from it (Edit: this is confirmed by Fabiani's original post with the crane and lab photos, that the Plant is going to Ferrara for the test).

  • Amazing, so its almost certain those photos show the original blue box from Italy was cannibalised and reassembled to form the red 1MW unit used for the 1 year test. So the IH cash was used to purchase a new larger shipping container and some MDF painted blue to house the old silver wrapped reactor modules. I've noted before the supposed control units were made using old surplus Italian computer equipment. Rossi must have been laughing his head off, what a masterpiece.

  • There are supposed to be 16 reactors within each Tiger. From the spacing in the photos, it still looks like there are only 8 ports/nozzles/valves on one side in the new Red Plant, so perhaps there are another 8 on the other side, out of view. Looks like a lot of work to get one reactor out of the box for repairs. (16 ports/nozzles/valves are on one side of each Tiger in the CAD model version).

  • Industrial Heat's response in opposition to the Motion to Strike is now up on pacer.gov and available for download here (doc. 59). The full name of the document is "Opposition to Plaintiffs’ Motion to Strike in Part Defendants’ Second Amended Answer, Affirmative [sic.] Defenses, Counterclaims and Third-Party Claims, or In The Alternative, Motion for a More Definite Statement," which has the quaint sound of the title of a book from the eighteenth century.

    • Official Post

    Thank you Eric. I read it, and all I can say is that only someone who scored an 800 on the math portion of the SAT, and/or attended some classes with Feynman in the dark ages, needs to sort this filing out. :) Not being so gifted, all I can say is that this comes across to me as legal Gobbledygook, to counter clients Gobbledygook.


    Apparently, Gobbledygook pays the bills for the legal profession. :)

  • Thank you Eric. I read it, and all I can say is that only someone who scored an 800 on the math portion of the SAT, and/or attended some classes with Feynman in the dark ages, needs to sort this filing out. <img src="https://www.lenr-forum.com/forum/wcf/images/smilies/smile.png" alt=":)" /> Not being so gifted, all I can say is that…


    There is quite a difference however in the gobbledegook quality. They counter general and vacuous arguments with specifics, as has been already pointed out here they can. Just the first example, on p 8 (the start of the Argument).


    • Official Post

    The factual allegations in the 2nd Amended AACT are highly detailed and provide a wealth of information that supports not only Industrial Heat and IPH’s counterclaims and third party claims (as well as Defendants’ denials of various accusations in the Complaint), but also Defendants’ Additional Defenses.


    As Mandy Rice Davies said of her accusers 'Well, they would say that, wouldn't they'.

  • Documents 60 and 61 are now up. They are motions to dismiss IH's claims against USQL and Fabiani (doc. 60) and against JMP, Henry Johnson and James Bass (doc. 61). As with the other motions to dismiss, these ones limit themselves to consideration of claims on their legal merits, in light of statements made in other documents already placed on the docket.

  • I've been a bit distracted, in a hospital since Sunday. It appears I'm going home today. @Shane, thanks. It's a bit of a pain to parse the legalese, but the most difficult part is knowing actual standard practice. Which I don't. However the Jones Day pleadings seem much more clear and focused to me.

  • Best wishes and I hope nothing is serious!


    Look forward to having you back on line, but only do so if it helps your recovery! :thumbup:

  • Abd,


    I wish you a speedy and satisfactory return to health (if that is making a correct deduction from your comment). It is a great pleasure for me to read your usually clear, and always admirably communicative, text.


    Regards, THH

  • Thanks to those who expressed their support. In the interest of supporting focus, I am posting details about my health to newvortex. https://groups.yahoo.com/neo/g…onversations/messages/903 (This should be public, no subscription required).


    I have just uploaded last week's court activity to the newvortex filespace (and thanks to Eric's independent coverage of these files. I suggest one thing for him. For case documents with no dowloadable text, put up either the docket summary or the pacermonitor summary, because pacermonitor only is showing, at this time, the last week of activity.)


    (I regret not having saved this information from the early flurry of boilerplate files, I had no idea that pacermonitor did not continue to show old files. Maybe someone will download the full docket at this time, it would make our collections complete and more understandable.)


    (At first I thought I didn't have information on Document 58, but, in fact, that was issued Friday, October 7, and I had covered it on Saturday.)


    I will be covering these case events in Rossi v. Darden developments (<--- link)

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