Rossi vs. Darden developments [CASE CLOSED]

The birfer spoliation issue went unresolved .. MSJ prevailed.

Quote

The court found that Plaintiff and his counsel behaved in a troubling manner in refusing to turn over the software and then eventually claiming not to have it; however, the court denied the Motion for Sanctions. The Motion sought the sanction of dismissal; the court determined that resolution of the spoliation issue would be “labor intensive” and that, after reviewing all the facts, Defendants were entitled to summary judgment in lieu of spoliation sanction of dismissal, which would bring about the same result for Defendants. Therefore, the court denied the Motion for Sanctions but granted summary judgment in favor of Defendants, thus ruling against Plaintiff on the merits.

Quote from Dewey Weaver

I also find it amusing that several brave souls on LF want to wave the due diligence flag again. That was a complex analysis and risk assessment

and the go decision was from a high risk $$ pool that was assembled for inventions that might change the world for the better. Do any of you teardown artist, naysayers and haters put your resources to work for change when loss is more likely than gain?

No, I think no one would put resources to work for change when loss is more likely than gain: we are not saint, we don't sacrifice ourselves for the welfare of humanity. Would you like us to believe that IH did it? I do not think you can say anything more ridiculous....ROTFL!!!

Quote from guest111

Ahh, well that makes sense, I can see Rossi jumping up and down, waving his hands, in stream-of-consciousness mode, screaming at the plumber, add/delete pipe and fitting here, run tubing to sink drain, hide the "reactor" and strip-heaters, probe's etc with yards of tape and insulation.... Each one of his plumbing hairballs looks different, but always entombed (obscured) in sloppy rubber or mineral/glass foil insulation and tape, wires running in, with cheap thermocouple probes sticking out like a thanksgiving turkey (well it is a turkey (no offense to turkeys)). Oh, and his "control boxes" and wiring would make any control-engineer/electrician turn over in their grave. Look at those boxes with hariballs full of wires twisted together, no DIN terminal blocks/fuses/connectors, improper connectors, or any normal engineering protocol. Rossi doesn't even have enough engineering knowledge to know that his "creations" LOOK incredibly crude and amateurish. Rossi didn't want to spend too much on his "demos" apparently, needed the money for condos, and lawyers. Of course, then there is the ceramic variant also (ie, the poorly made mini kiln fast-acting hotdog cooker). OK, I'm goin' out to my garage to build a much better version this afternoon (I have much better tools and plumbing skills), and will call mine the E-Dog (in order to avoid any trademark conflicts with "E-Cat"), and will be available in a day, at a bargain-basement price to the first bidder at only ONE, thats one... single... $million!

If you think that in order to achieve revolutionary discoveries you necessarily need expensive tools and state-of-the-art equipment you are a real snob! Many revolutions have begun in a garage: true genius manifests itself especially when one is forced to hack something with his own force.

Quote from Jack Cole

So far, the biggest positive effect AR has had is in supporting the jobs of people in the environmental cleanup businesses in Italy. The millions spent there have surely been a great boost to the economy of Italy. All that tax money spent by the government, went to workers, who spent money in their daily living. It is truly an amazing positive impact that he has had there.

To add one final thing, he has provided an impressive economic impact in support of the attorney's involved in the case. Certainly, these monies will help support the careers and families of thee lawyers and all their support staff. All the money they will spend will help the economies of Florida and North Carolina.

Quote from Dewey Weaver

Wonderful Jack and thank you! In keeping with the positive spirit and tone established by Sir Cole, I believe that the employees and families of those involved in the Italian court and prison system were grateful for the man years of employment opportunity that Rossi blessed them with in the 80's and 90's. Cadillac and the South Beach Condo and Homeowners Association both want to know where to send a thank you note. Both members of the Pinball Source Code Software Developers Union (PSCSDU) are incredibly fortunate for the visionary leadership and sacrifice that Rossi made to keep their art alive. Frank Acland, Vessy and Peter Gluck rose to fame on Rossi's back (or maybe front) and I hope that they have been thankful and not just takers. Surely we have not thought of everyone......

You look like two stressed men who hysterically laugh ...... You dig up again the same old story about Rossi's past, pretending not to know that he was acquitted of all charges, and continue doing personal attacks that denote a childish and completely useless acrimony. It seems to me that you are getting the whole thing personal: Rossi is your only vent valve? There are far more fun practices for this type of problem .......

Quote from Wyttenbach

@Planet IH: Why do you conduct such intense discussions about a scammer and a scam-product?

Either AR has something, what in your eyes is highly unlikely, or he will fade away as all the other scammers too. Discussing about the bear-skin (Quark-X, Yoghurt-Y, Bifidus-Z, etc..) before we even know that there is one is silly and unprofessional.

I totally agree with you.

The Voice of IH is more and more silly every day.

(BTW I presume that Yoghurt-Y has been invented by him )

Quote from guest111

Only persons very naive and inexperienced in engineering, science, or manufacturing would believe that the crude, simplistic, inconsistent, amateurish, "apparatus". "instrumentation" and "test methods" demonstrated by Rossi and his cohorts (well, what is shown under the yards of cheap insulation), would believe that such methods would, or could, allow the research, testing and verification of the greatest invention of the century in "cold fusion". While not impossible, there is (as in everything) an infinitesimal probability, but then, we all know that the Rossi disciples' basic scientific tenant is that the world must prove all negatives.

As usual in pure IH style this comment is full of insults to anybody (independently by his/her education) who, after an examination of the documents believes that Rossi technology is working.

I would observe that History of Science and engineering is full of discoveries done with poor technology or even by error.

Most of the times is the capacity of observation and the ability to turn threats into opportunities that make the discoveries possible.

Read for example this page:

https://www.acs.org/content/ac…ks/flemingpenicillin.html

" Returning from holiday on September 3, 1928, Fleming began to sort through petri dishes containing colonies of Staphylococcus, bacteria that cause boils, sore throats and abscesses. He noticed something unusual on one dish. It was dotted with colonies, save for one area where a blob of mold was growing. The zone immediately around the mold—later identified as a rare strain of Penicillium notatum—was clear, as if the mold had secreted something that inhibited bacterial growth. "

Quote from Roger

Or maybe the E-Cat is already obsolete, and is much harder to control and/or make safe than small QuarkX units.

QuarkX which is of course a scam, Rossi has successfully hypnotized yet other easily gullible poor scientists

Come on ! The sole idea that Rossi can hypnotize someone is silly !

Quote from Jack Cole

Right. I call it crowd-sourced excuse making. He can sit back and cherry pick the best excuses, theories, rationalizations, and so forth. It has served him well in maintenance of his scams occurring during the Internet era.

Jack you forget that IH and weaver are cherry picking all the insults, violent tones, disinformation and character killing false information against Rossi.

How would you call that, a "croud sourced lynching" ?

Is IH that has hired a PR company to do that, not Rossi.

Quote from Dewey Weaver

Do any of you teardown artist, naysayers and haters put your resources to work for change when loss is more likely than gain?

I would venture to guess that most here have devoted resources to one degree or another, whether it was a donation to MFMP, time and money spent performing experiments in association with the MFMP, time spent scrutinizing experiments and providing feedback, time spent trying to decipher the unwieldy dispute between Rossi/IH, and all of the associated opportunity costs. So yes, we have devoted resources to something we all have a keen interest in, probably not in the realm of millions of dollars individually, but when viewed collectively, it might be in that range.

Doc. 309, plaintiffs' motion for leave to take additional discovery, now on the docket.

Judge said no more discovery stuff ... predict NO on Smith MAYBE on Murray

Quote from Alan Fletcher

Judge said no more discovery stuff ... predict NO on Smith MAYBE on Murray

Yup, I agree.

Quote from Alan Fletcher

Judge said no more discovery stuff ... predict NO on Smith MAYBE on Murray

Am I an IH fan if I say I agree with you?

Doc. 310, a paperless order, recently added to the docket:

Quote

ORDER denying 309 Motion for Leave to File. Plaintiffs, somewhat inexplicably, continue to overlook and violate the deadline for filing pretrial motions, which has long since passed. Further, Plaintiffs continually fail to comply with the conferral requirements of the Local Rules. Future non-compliance will result in the imposition of sanctions. Signed by Judge Cecilia M. Altonaga (CMA) (Entered: 05/22/2017)

Quote from Eric Walker

Doc. 310, a paperless order, recently added to the docket:

you wonder whether all this is Annesser (who must know the score?) pushed by Rossi into doing something, or whether Annesser has some deep game plan like store up things for Appeal.

I can only imagine that the procedural missteps will be a distraction under appeal. Does anyone know how long Annesser has been practicing law? It could be that he's still learning on the job.

Which of Rossi's lawyers filed a 'motion to quit the case' ? Was it allowed or still to be ruled on?

Quote from Eric Walker

Doc. 310, a paperless order, recently added to the docket:

It may be a foreshadow of the trial. Notice she says " Plaintiffs, somewhat inexplicably, continue to overlook and violate the deadline for filing pretrial motions, which has long since passed. "

Sounds a lot like the same modus operandi...Plaintiffs inexplicably overlook and violate deadlines for GPT.

I still think that the whole case may be at risk for Rossi, just on the grounds of Doral not being the GPT. Then all the technical stuff and expert testimony will be of no relevance.

Sounds like judge Altonaga will not be putting up with shenanigans from either side.

Shenanigans are particularly useful when one wants to confuse or obfuscate or misdirect (not naming any names).

Let's see if Plaintiffs or Defendants try any shenanigans during the trial, it might be fun.

Those swivel-heads surely don't know when to stay low. Of all days, they chose 5/22 & 5/23 to piss off the Judge - Itailianlawyer must be advising them.

Quote from Zeus46

Which of Rossi's lawyers filed a 'motion to quit the case' ? Was it allowed or still to be ruled on?

The motion for removal was granted, and included all of the lawyers in the firm that Annesser joined recently after leaving the Silver Law Group, except Chaiken. This could mean that the other lawyers did not want to be associated with Annesser and Chaiken, or it could simply be that Annesser and Chaiken, since they were consumed by this case, made the mutually agreable decision to do it on their own. The founder of Silver Law group that Annesser was with died last Fall, making it difficult to know or even guess what dynamics are/were in play. Another attorney from Silver recently joined Annesser and Chaiken, so presumably this re-formed group has some previous experience working together.

That said, given these past several boneheaded motions by Annesser and Chaiken submitted to Sullivan and Altonaga, I think it's a safe bet that Perlman, Bajandas, Yevoli and Albright (and their associates) are greatly relieved to be officially off the case.