Rossi vs. Darden developments [CASE CLOSED]

Quote from Eric Walker

Docs. 282 and 283 and attachments now on the docket:

282 - Correction by IH (not informative)

283 - Appeal of Magistrate's ruling that Zalli Jaffe's emails are privileged

283.01 - Full transcript of discovery hearing on 2017-02-23 (Magistrate Sullivan)

283.02 - Full transcript of discovery hearing on 2017-05-09 (Magistrate Sullivan)

283.03 - Full transcript of discovery hearing on 2017-04-20 (Magistrate Sullivan)

283.04 - Darden email to Zalli Jaffe and Uzi Sha giving contact info of JMP/Rossi/Fabiani

283.05 - Levi's unsworn declaration that he felt pressured by Uzi Sha

283.06 - Darden deposition stating that he told Rossi prior to January 2014 that GPT performance could not occur

This appeal by Rossi has been addressed by the Magistrate three times in deposition hearings, and once by Judge Altonaga, where she referred the issue back to the Magistrate on procedural basis (without prejudice). The Magistrate ruled (multiple times) that the Zalli Jaffe emails are privileged. So now Rossi is appealing to Judge Altonaga, hoping that she will over-rule Magistrate Sullivan's decision.

Rossi (meaning his lawyers) are trying to establish that Darden committed perjury by saying that he told Rossi, some time prior to January 2014, that there was no possibility of accomplishing GPT performance, implying that there is some information in the Zalli emails stating that IH had not told Rossi that this is not the GPT. Rossi further alleges that Uzi Sha tried to bribe Levi, thus causing 'witness tampering' which should prevent attorney-client privilege of the Jaffe emails.

IH (successfully) argued to Magistrate Sullivan several points regarding why Rossi's arguments were without merit. They argued that there is no explicit bribery of Levi, that he is not a witness in the case, and that the timing makes it irrelevant as well. And specifically, in response to the perjury claim, that the time frames mentioned in the Zalli email (which we do not have access to because of attorney client privilege) were quite different resulting in them being taken out of context, as they were claimed by IH's lawyer to be regarding the Doral test, where there had already been clear communication that this could not be the GPT.

Also, from the transcript in 283-03, we have the full text of the Magistrate's deliberation regarding spoliation, where the Magistrate denies IH's motions for sanctions (where IH essentially asked the Magistrate to toss Rossi's case against IH).

Quote from Shane D.

Read 283-03 (4/20 spoliation hearing transcripts). A few portions were released the other day, and this one fills in the missing blanks. Yeah, I had it right, this judge is an idiot. If not that, then his case load has scrambled his brain. Made my blood boil to read. Rossi's lawyer has no scruples either. In his shoes, I would puke before I could defend Rossi on that heat exchanger the way he did, but it did not seem to bother him in the least.

In the end, I guess lawyers will do what they have to do to win for their client (up to a point), and it is up to the judge to balance the scales of justice. This one though, is not up to the task. Guess he will have that fun summer trial he looks forward to.

Feel sorry for Pace (IH's lawyer), as he made some excellent points about the piping, and heat exchanger...about what we have said here, and it seemed to fly right over the judges head.

Shane D,

It is interesting to read how you guys go from "the judge will teach Rossi a lesson" (or something similar) to "this judge is an idiot". I'd prepare (buy some ice packs?) for some more court case surprises, because it is not a question if they arrive, but when.

Cheers,

JB

Quote from sigmoidal

being taken out of context

sigmoidal,

Just provide them then, right? And let others decide if they were taken out of context. The JD lawyers are a bunch of expensive dipsticks and the partial disclosing of the "Israel connection" can cost them dearly.

Cheers,

JB

Quote from IH Fanboy

I can understand this sentiment, and to some extent I agree with it. However, I also think that IH is overplaying their hand here. I've never seen so much playing-dumb-after-the-fact in my life. I mean, they had Dameron working closely with Rossi from the get-go. Dameron was still operating an IH-built e-cat as late as January, 2016. Reading from Darden's and Vaughn's depositions alone, one would think that they were totally clueless about anything that was going on: I don't know, I don't know, I don't recall, I don't remember, we weren't experts, we didn't have good experts, ...

I call BS. They knew what was going on. They knew that they were seeing high COPs even using IH-built reactors. They had engineers and scientists on it, and generating reports. They knew they were attracting funding based on their discoveries. These are not halfwit ignoramuses. This mantra about never being able to substantiate "at all times" became the word of the day only after the lawsuit was filed. That is going to be a tough one to defend before a jury, I'm afraid.

haaaa, now that's a good one ***IH*** overplaying their hand! (versus a conman who is so deluded in his mastery of con-artistry (admittedly spurned on by previous successes), that he can get away with it in perpetuity, and that, unlike any sane conman, rather than taking the $10M, decides to sue the people he conned to try to con millions more)!

Quote from IH Fanboy

Once Rossi found out that IH was funding a bunch of other LENR outfits, and had no obligations to keep his secrets confidential (as per the contract), Rossi was probably shocked and outraged.

Why should IH not fund other "outfits"?

What confidential secrets did IH reveal?

All the IP was supposed to have been transferred exclusively to IH who could do what they liked with it in the designated territories. If Rossi was maintaining technical secrets, then he probably invalidates the patents.

Quote from Hermes

Why should IH not fund other "outfits"?

What confidential secrets did IH reveal?

All the IP was supposed to have been transferred exclusively to IH who could do what they liked with it in the designated territories. If Rossi was maintaining technical secrets, then he probably invalidates the patents.

IH could found who ever it want.

Second question is nonsense. Of course we are writing about the industrial process in order to produce energy.

The IP was eventually transferred to IH not to his sub or sub sub or (sub)^n contractors.

Is quite clear that transferring a secret to to many people in a game made with Chinese boxes or Russian dolls the secret is no more a secret.

Every industry (e.g. Apple with his Iphones) transfer part of his IP to other contractors but there is an implicit (or explicit in contracts) obligation to confidentiality.

Quote from Shane D.

They admit to that, explaining as their rationale that they were afraid to piss him off, and lose him, as all they cared about was whether the tech worked.

Afraid ? Are they children ?

This is a very naive excuse in business world. The reality on my opinion is quite different.

They were hoping to collect a lot of money from investors and then tell them that "the technology was not working..... you lose your money goodbye"

In fact there is no trace of industrial plan in order to exploit technology in any way.

When they have seen that the technology was actually working and they should pay Rossi and invest the money they collected they were upset and the the lawsuit filed by Rossi them by surprise.

Quote from JedRothwell

Exactly! They should have photographed the non-existant invisible heat exchanger. They did manage to get photos and videos of the invisible pipes going up to the mezzanine. You can see clear as day those pipes are invisible.

Jed are you OK ? Sometimes I worry a lot about your mental health.

If IH havent inspected the Doral site during an year (not one day, week or month, a year !) is their problem !

It make no sense. Apart from collecting money from investors !

Quote from maryyugo

I wouldn't know. The documents are essentially interminable. But if there is no such evidence, I suspect that before a trial ends, there will be some. If any version of the ecat worked, especially, but not necessarily, at high "COP's", then IH would be zillionaires and there would be no law suit.

No Mary, IH was never wanting to exploit the technology but only to grab money from investors !

They never prepared anything to exploit any technology.

When they have seen that the technology was working (I know you think opposite to me) they ware unprepared.

Quote from ele

Jed are you OK ? Sometimes I worry a lot about your mental health.

Trollish lie along with the rest of your posts.

Quote from Paradigmnoia

There are lots of photos with the Big Frankies in them.

@PGM: You mix up apples and coconuts. We have no inside fotos of the second container. The big Frankies were made by an IH contractor. What you believe is made in Italy - very-very old stuff.

Just to remind you: According to Murray there were far more than 100 reactors in use...

May be, next time, you could try to explain, where you see the >100 reactors in your fotos...

Quote from Shane D.

IHFB,

Anyways, I see from doc 280 that Levi and team "may present"...in other words, travel to Miami and take the stand for Rossi. If they do, that will be very exciting, and informative. If Levi does so, it will also be interesting to see if IH brings up Fabiani's USQL, with no assets, paying Levi that consulting fee?

Some time ago it was communicated to me by what I consider to be a very reliable source what the major reason was why the Lugano team did not want to further discuss the Lugano report.

I consider that information confidential, so I can't give details.

However that major reason had nothing to do with the general conclusions of the report not being valid.

That might be one of the reasons that Levi maybe testify in court to defend Rossi.

Wyttenbach ,

Look at Penon's schematic. The BF's used to live on the roof of the blue container. Now they are in a longer container with the others. The BF modules have 15 or 16 reactors each, even if Rossi once seemed to indicate that they were one big 250 kW reactor each. Penon kept reporting 115 reactors, even though all the little "domestic water heater" units were not used for the Main Doral demonstration.

Docs. 285, 286 and 287 and attachments now on the docket.

Quote from ele

Afraid ? Are they children ?

This is a very naive excuse in business world. The reality on my opinion is quite different.

They were hoping to collect a lot of money from investors and then tell them that "the technology was not working..... you lose your money goodbye"

In fact there is no trace of industrial plan in order to exploit technology in any way.

When they have seen that the technology was actually working and they should pay Rossi and invest the money they collected they were upset and the the lawsuit filed by Rossi them by surprise.

Perhaps you need to ask a few questions over the Tennis game?

From sworn evidence (and anyway entirely in character) Rossi storms out with swear words and anger when given news that does not fit his world view:

The control reactor with COP=9 and fuel stolen by the Russions

Krivit the journalist turns out to be not a pushover and asks for additional checks on Rossi's demo

One other case noted here (sorry I've forgotten it)! Perhaps somone will remember

Treating an unstable and highly strung inventor with kid gloves when you want his cooperation to see whether his invention can be got to work: is that the action of children? Or of any sensible person?

Still, I agree they were too nice to Rossi, tolerating bad behaviour never ends well!

Quote from Eric Walker

Docs. 285, 286 and 287 and attachments now on the docket.

285 - IH Appeal of Magistrate Sullivan's denial of IH's Motion for Sanctions against Rossi for spoliation of evidence (To be heard by Judge Altonaga)

285-01- February 2015 email exchange where Darden urges Fabiani for definitive instrumentation to establish 100% dry steam is being produced

285-02 - Deposition of Rossi where he states that there was a steam trap, that he never got or had any daily data from Fabiani or Penon, that there was a mezzanine heat exchanger that he dismantled the day that the test completed, and that he never let Fabiani go to the JMP device side, nor did he let Bass go to the E-Cat device side of the 8 foot plywood partition he installed separating the two devices.

285-03 - Deposition of Barker Dameron that there was no steam trap on his 2015-02-24 visit, or in subsequent photographs, and according to Barry West's testimony.

285-04 - Deposition of Fabio Penon that he asked Rossi to install a steam trap, that he received daily emails (> 350) from Rossi

285-05 - Deposition of Dott. Rossi where he again states that there was a mezzanine heat exchanger that he removed, and denies knowledge of a spreadsheet of performance data presumably collected by Fabiani.

285-06 - Deposition of JMP by Dott. Rossi where he states that he oversaw all operations of JMP at Doral, had a mezzanine heat exchanger built before the start of the test and through the end of it, dismantled it on the last day of the test, and that there were heat 'strips' (or 'cables') installed in the pipes of the JMP container throughout the test.

285-07 - Photograph of the 1MW E-Cat

285-08 - Deposition of Wong (Rossi's expert witness) agreeing with Murray's testimony that absent the mezzanine heat exchanger, there would be unbearable heat in the warehouse if 1MW were being produced.

285-09 - Deposition of Murray (IH expert witness) stating that an inverse relationship of power out/power exists in the COP calculation, that heat in the warehouse would be unbearable (absent a heat exchanger), that Fabiani's power measurements were inconsistent with Florida Power and Light, and experimental evidence that water meter measurements with low flow rates (below the meter's rated flow) produces flow rates multiples higher than actual.

285-10 - Deposition of Smith (IH expert witness) that Penon's data is not reliable, that the instrumentation of the E-Cat was inadequate, that 1MW of heat could not be evacuated from the warehouse, and that personal inspection of the mezzanine revealed no evidence of any pipes or electricity needed for fans.

285-11 - Rossi (through lawyers) on 2015-12-14 alleges breach of contract behavior by IH, which IH alleges supports their contention that Rossi had a duty to preserve evidence subsequent to this time.

285-12 - Email from Vaughn to Rossi sent 2015-12-09 announcing IH's visit to Doral to inspect the E-Cat, it's instrumentation and reports.

285-13 - Letter sent 2015-12-09 from Johnson (of JMP) to Vaughn declaring IH in Breach of Contract and declining access of IH to Doral unless and until Rossi's counsel (Annesser) approves.

285-14 - Letter from IH to JMP on 2016-02-16 declaring JMP in Breach of Contract in denying IH access to the plant.

285-15 - Full transcript of 2017-04-20 deposition hearing by Magistrate Sullivan including discussion of spoliation

285-16 - Magistrate Sullivan's ruling denying IH's request for spoliation sanctions against Rossi

284 - Rossi Motion for Enlargement of Time for filing exhibit list

286 - Order by Judge Altonaga, denying Rossi Motion for more time. (Exhibit lists from all parties must be completed today!)

Contrary to my prior conclusion that IH probably was not going to appeal the Magistrates denial of IH's motion for sanctions against Rossi for spoliation (because I thought that it was too late for them to do that), they now have filed their appeal to Judge Altonaga.

THH mentioned that there is a hearing with Judge Altonaga scheduled May 23 where this will likely be discussed.

In the April 20 hearing with Magistrate Sullivan, he essentially stated that if he were to rule in favor of sanctions, this would effectively dismiss Rossi's suit against IH. So IF Altonaga over-rules Sullivan (which I think is unlikely) IH will almost certainly have Rossi's suit dismissed.

So the ruling on spoliation is a high-stakes decision by Judge Altonaga (even if the outcome of suit dismissal is unlikely).

Quote from sigmoidal

285 - IH Appeal of Magistrate Sullivan's denial of IH's Motion for Sanctions against Rossi for spoliation of evidence (To be heard by Judge Altonaga)

I hope they win this appeal.

For once I can understand this document. Most of these documents are in such dense legalese I can't tell who did what to who. I mean: hereby allegedly did whatsoever to whom, foregoing, notwithstanding the party of the first part, emphasis added.

Quote from THHuxleynew

Perhaps you need to ask a few questions over the Tennis game?

From sworn evidence (and anyway entirely in character) Rossi storms out with swear words and anger when given news that does not fit his world view:

The control reactor with COP=9 and fuel stolen by the Russions

Krivit the journalist turns out to be not a pushover and asks for additional checks on Rossi's demo

One other case noted here (sorry I've forgotten it)! Perhaps somone will remember

Treating an unstable and highly strung inventor with kid gloves when you want his cooperation to see whether his invention can be got to work: is that the action of children? Or of any sensible person?

Still, I agree they were too nice to Rossi, tolerating bad behaviour never ends well!

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You malign all inventors (you should at least add quotation marks) buy labeling Rossi as such.