Rossi vs. Darden developments [CASE CLOSED]

This is kind of fun. I'm learning how to think and speak 'Planet Rossi'!

Quote from sigmoidal

Except that we know from the deposition schedule that Darden was deposed by Rossi's lawyers So he didn't 'duck' deposition.

While we are all speculating, I'll speculate that Darden ducked and dodged in his personal deposition as he was not "speaking" for any of the entities.

Quote from IH Fanboy

While we are all speculating, I'll speculate that Darden ducked and dodged in his personal deposition as he was not "speaking" for any of the entities.

During discovery, the lawyers of opposing sides ask written questions (as interrogatories) and depose witnesses (in this case by video). There is no limit to what they can ask as long as it's pertinent to the case. There is not some 'trick' that Darden the person vs. Darden of IH corporation that he can use that limits what questions Darden can be asked by Rossi. For example, if Rossi team asks, "in your capacity as an officer on IH, did IH agree to a GPT of the E-Cat", Darden cannot respond "I am not going to answer, you have to get that information from deposition of IH the corporation". And refusals to provide answers to reasonable non-privileged questions is punishable by the Court: for example, not answering can result in having your case tossed (in this case the counter-suit), holding you in contempt of court, being fined, or jailed.

I get it, until proven otherwise, you are deeply suspicious of Darden and IH. Again, I would say 'relax'.

The only reason that Darden might not provide answers to probing, sensitive and uncomforatable questions is because Rossi's lawyers didn't think to ask them. (I wouldn't worry too much about that, despite their demonstrated lack of legal sophistication). Also, of course, no deponent is required to answer questions that the Court deems is privileged (attorney-client or work product doctrine).

And I'll repeat it one more time: Rossi's team raised no objections to IH's deposition. The only objections they raised were regarding IPH and Cherokee. The Judge referred those objections back to the Magistrate. They can lodge any complaints they have with him. If he determines that those depositions were not adequate, he can compel those corporations to be more informative in a follow-up deposition.

The same holds true for Rossi and Third parties.

See how awesome the legal system is?

LENR Forum doesn't currently have a coordinated approach to provocative, unconstructive posters. But we might be persuaded to sort one out.

Here here Sig!! The unmitigated audacity of IH - paying precious good research money and expecting the recipient to honor his side of the agreement.

Oh the humanity. What has the world come to?

Planet Rossi - powdered your wig yet today?

@sigmoidal

I have no qualms about the legal system. In fact, I'm thrilled that we finally have a big LENR case being litigated, generally opening up information on the public record, and forcing all players to tidy up and play straight (hopefully).

But if Darden's testimony is anything like IPH's testimony, then I think your whole edifice of Darden-is-a-saint might crumble.

Quote from SSC

Why he should give away the discovery of the century? You would share a winning lottery ticket?

Strange argumentation...the public world outside of Rossi's container has not seen (yet) any evidence of AR's lottery ticket. I am sure there would be billions remainig for him even if he would share his discovery of the century with many replicators and even with IH...

IHFB has mastered the not so black art of Topsy Turvy in the Topsy Turvy Kingdom. He also didn't see the #10 treble in the bait he swallowed. Gonna hurt when the hook gets set.

@Dewey

Yeah, more vacuous threats. You and IH actually have a chance to win critics over, including me. But your nastiness makes it really hard.

Good one IHFB - your cluelessness doesn't qualify you as a critic anywhere except Planet Rossi.

You'll soon have plenty of new information to twist and turn - we'll see if and when you give up.

Including your emails?

IH Motion for Summary Judgement coming. It's going to be a big document.

Quote from IH Fanboy

In fact, I'm thrilled that we finally have a big LENR case being litigated, generally opening up information on the public record

Thrilled?! This is one of the worst things that has happened in the history of cold fusion. That is saying a lot, since cold fusion history has mainly been one fiasco after another. This has consumed tremendous amounts of money, time and effort that might have gone into research.

It is all Rossi's fault. I.H. has done nothing to deserve this.

@Paradigmnoia

And with so many factual issues yet to be determined, it will likely be dead on arrival. Any attempt by Rossi for summary judgment will probably have the same fate. Sorry, this is going all the way to the jury.

@Jed

I think you view this situation through IH rose-colored glasses. This suit has been one of the best things to have happened to LENR. No more secretive and furtive players. Now it gets put out on the table for all to see. The only potential downside is to IH or Leonardo. Everyone else benefits. Funding for LENR ventures is greater than it ever has been in all of LENR history. MFMP is on the cusp of validating two separate high COP configurations. It has never been better.

Quote from IH Fanboy

But if Darden's testimony is anything like IPH's testimony, then I think your whole edifice of Darden-is-a-saint might crumble.

I actually more or less agree with this consequence to the 'if', (except that that I don't hold Darden as a saint). It's a big 'if', though. I find it highly unlikely that Darden would be able to plausibly deny knowledge regarding the major contested points of this case, and if he did try that, Rossi's lawyers could complain to the Magistrate. But 'if' Darden stonewalled, that would be evidence of 'slime' on his part. So far, I just do not see any evidence of wrong doing on Darden/IH's part.

I think IH could have done a better job of vetting Rossi (back in the day, i.e. 2012). They did have some doubts but thought Lugano and Bologna was compelling. (In looking at my old emails, I did not find these demonstrations compelling because they were not controlled experiments with sound calorimetry.)

Although I don't think it is going to yield anything for Rossi, it seems to me that IPH, at least, should be required to knowledgeably answer Rossi's questions about affirmative defenses and the calculation of damages. I could be wrong, though, because it's possible that under legal rules, if IH and IPH are suing and being sued jointly, it may be that as long as all the questions have been answered jointly (by either), then they do not need to each answer all questions independently. I don't know the law on this. In general, I don't see how this 'joint' answer idea could work, though, because how can you know in advance what questions will be asked of each corporation? So Rossi might 'win' that right to re-depose IPH (and possibly Cherokee), with the Magistrate's expectation of more detailed and knowledgeable answers.

But what I do know, is that Rossi has a long history of being deceptive. And if you disagree, than your argument is with Rossi. Because he has stated that he was purposefully deceptive with Defkalion and HydroFusion (and others if you look closely). And a lot of other people can testify that Rossi has deceived them or others. So there is plenty of evidence to support this.

If you or anyone else has real evidence that IH or Darden is deceptive, you can provide it right here on this thread.

Some new documents added to the docket:

Quote from IH Fanboy

Now it gets put out on the table for all to see.

It is already on the table for everyone to see. Rossi's fake data shows that he is an outrageous fraud. Anyone who believes that data reveals himself as technically illiterate and incapable of understanding these experiments. If there had been no lawsuit, that data might have come out soon after the fake test ended, and every person who understands elementary science -- such as how thermometers work -- would have seen that Rossi had nothing.

Quote from IH Fanboy

This suit has been one of the best things to have happened to LENR. No more secretive and furtive players.

Many secretive and furtive players remain in this field. Rossi is not the only one. He and Defkalion were the worst. They were also the most blatant frauds. I hope there are not many other frauds. I am sure there are a few.

Quote from Eric Walker

Some new documents added to the docket:

These additional documents (185 - 190) are fairly simple to summarize.

185 - get the day right (it's Thursday, not Tuesday)

186 - Rossi's team wants more time (an extra day or two)

186-01 [Proposed] Order

187 - All parties (except that they can't seem to contact Fabiani) want more time to discuss what portions of discovery should be sealed, so they are jointly requesting an extra two weeks to sort that out.

187-01 [Proposed] Order

188 - Rossi wants 35 pages (instead of default max. 20 pages) to file Motion for Summary Judgement

188-01 [Proposed] Order

189 - IH wants 50 pages (instead of default max. 20 pages) to file Motion for Summary Judgement

189-01 [Proposed] Order

190 - A hearing before the Judge regarding IH's appeal (of the Magistrate's decision) regarding Attorney-Client and Work Product Doctrine privilege status of IH/Dewey Weaver emails

So summary judgement Motions will be filed fairly soon by both parties, and we'll find out if Dewey's emails are privileged or not.

No additional analysis needed or warranted.

Dewey says he is his own boss, so not sure how IH's argument that he is an agent holds up. Which means his emails ought not to be privileged. Maybe Dewey should have heeded IH's advice and stayed clear of here.