Rossi vs. Darden developments [CASE CLOSED]

Quote from Forty-Two

I totally agree with your thoughts about the alleged heat exchanger, and in my opinion the entire 1 year test was a complete farce.

But what about IH? Do they have an absolutly clean record in this affair, e.g in regards of separating IH business from Cherokee?

Can anybody explain what this "Private Placement" means (Bloomberg-screenshot):

Yes, they were seeking investors to invest in property remediation. Totally irrelevant to the present case. Won't be admitted for any reason. What does Cherokee seeking money have to do with whether or not Rossi satisfied the conditions precedent to the payment of the additional $89 million?

Quote

Alan Fletcher wrote:

(Too lazy to find my original post).

Here's the picture with the trucks, and Wong's deposition :

Rossi vs. Darden developments - Part 2

Edit : High Service Glass at 305-231-4897

Rossi, in his deposition, said that he couldn't remember who his back-of-a-truck contractors were.

While Wong was there contractors were replacing the windows.

Wong took photos of the contractors, and of their truck.

I read the phone number on the truck and tracked down the company.

(I'm sure that Rossi and IH people read blogs like this! For IH it's Dewey Weaver, who is an IH investor, consultant and witness.)

So ... I'm just wondering why IH didn't follow upon this.

Those contractors surely could have said that the windows had no glass in them when they came (supporting the case for a heat exchanger) ... OR that they were asked to replace perfectly good windows (refuting it).

There seem to be a lot of issues that neither side wants to raise ... leaving us mostly with a he-said/she-said case.

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I presume no one followed up on this, since the window guys showed up almost a year after the Plant was shut down to replace a window that was there for the previous year, and that somehow no one noticed was missing or venting 1000's of CFM of hot air while the Plant was running. Possibly the window was removed for the sake of Wong, and he was set up to see a window being replaced on that day almost year to the day after the Customer "test" was finished.

I did some calculations on the heat exchanger. 220 Meters of 6 inch schedule 40 piping and 41 6 inch schedule 40 180 degree elbows come to over 15000 pounds just for the piping alone in the heat exchanger. I would question the ability of a second floor being able to handle that kind of load. Also, the second floor is listed as having only one ladder to enter or exit from the second floor in one deposition. (I forget which). OSHA regulations require at least two exits in any operating unit. Assuming that 1/2 of the welding would be done offsite ahead of time, It would take a minimum of 5 10 hour days for a crew of 10 to perform the installation. That assumes that everything goes perfectly. In the real world, this project would probably take 2-3 40 hour weeks to install. I can't list an estimate for running the piping to and from the exchanger because I do not have any data.

No one noticed a crew like that working in the plant?

Notes: a crew of ten would consist of 1 supervisor, 1 expeditor, 1 laborer, 1 crane or fork lift operator, 2 pipefitters, 2 welders, and 2 pipefitter helpers. This would be the most efficient use of time.

This calculation assumes that you can get a 10 meter piece of piping with an elbow attached into the second floor. More welds in place would add more time to the installation.

This calculation does not include supporting the exchanger because I do not have enough data.

Building the encasing box would require at least two carpenters and two insulators once the exchanger is installed. I have not done either job. My estimate would be one to two weeks for that but I could be way off.

You could do this job with a crew of three but the amount of time to finish would go up by at least a factor of three.

Ah ... but Rossi is a skilled metalworker.

Crew : 1 Rossi 1 Plumber-with-bag-o-tools (cf Krivit). 1 guy-with-a-truck, 5 guys-from-outside-the-home-depot.
Easy peasy.

Quote from WMartin

I would question the ability of a second floor being able to handle that kind of load. Also, the second floor is listed as having only one ladder to enter or exit from the second floor in one deposition. (I forget which). OSHA regulations require at least two exits in any operating unit.

See:

EXPERT REPORT OF RICK A. SMITH, P.E., Document 235-1

SUPPLEMENTAL EXPERT REPORT OF RICK A. SMITH, P.E., Document 235-10

http://coldfusioncommunity.net…01/0235.10_Exhibit_10.pdf

"The only access to the mezzanine is a rickety wooden stairs, which the attorneys made this author climb first (load test) before they would use it."

FULL QUOTE:

Plaintiffs are now claiming that the heat rejection was not done in the black box, but by a heat exchanger
located in the mezzanine at the west side of the facility. To date, there has been no evidence presented
that such a heat exchanger existed. No photos, drawings, calculations, purchase orders, construction
documents, etc. have been provided to the author. When Mr. Murray and the author inspected the Doral
site on 02 Mar 2017, we found absolutely no physical evidence that there had been a heat exchanger in the mezzanine.

There was no lighting, other than the windows, no electrical power (save two small junction boxes and
some small conduit), no holes or patches where conduit and power boxes would have been mounted, no
holes or patches where piping would have been supported, no hole patches in the floor or the drywall wall
– in short, nothing. The only access to the mezzanine is a rickety wooden stairs, which the attorneys
made this author climb first (load test) before they would use it.

The door to the mezzanine is about 22-1/2” wide by about 79” high. It would be extremely difficult to get
equipment, piping, conduit, duct work, and the other items for such an installation up the narrow, rickety
stairs and through that narrow door into the mezzanine. The other alternative would have been to remove
one of the window assemblies and rig the equipment from the west parking lot up into the mezzanine.
The building owner may have records of this being done, or the rigging company surely would have
purchase orders and invoices for that work.

Plaintiffs are also now claiming that their heat exchanger vented through one of the windows on the west
side of the mezzanine, facing the street (NW 79th Avenue). The picture below was taken by an
investigator during October, 2015.

[Photo showing glass in window]

Quote from THHuxleynew

No. Should it?

Yes, it should. Permit me to put it in starker terms. You once mused "So was Rossi lying here to Mats, or to the Court? :)"

Industrial Heat stated that their reactor: "Creates excess energy between 3 and 20 times the energy required to operate the device depending on the model of reactor and operating temperatures at temperatures between 120 and 500 degrees Celsius."

Then after being sued, Industrial Heat stated: "Industrial Heat has worked for over three years to substantiate the results claimed by Mr. Rossi from the E-Cat technology – all without success"

So, do you believe IH was lying to the Chinese or to the rest of us?

Quote from Shane D.

DR. Rossi...in an interview with your good friend Mats Lewan shortly after you filed suit, you said the "unused heat" was vented out the roof. Yet, you described an elaborate mezzazine/upstairs HE in your deposition 10 months later, under oath in your deposition. Soooo....

Rossi: the heat exchanger was "used heat". The "unused heat" was vented out through the roof.

Quote from WMartin

No one noticed a crew like that working in the plant?

I enjoyed your post, but what prompts you to ask this question? Can you point to which evidence leads you to think that nobody noticed?

Quote from JedRothwell

See:

Plaintiffs are also now claiming that their heat exchanger vented through one of the windows on the west
side of the mezzanine, facing the street (NW 79th Avenue). The picture below was taken by an
investigator during October, 2015.

[Photo showing glass in window]

[Except for the two panes of the window that show no glass in that photo.]

Quote from IH Fanboy

[Except for the two panes of the window that show no glass in that photo.]

In your imagination only. More to the point, it is utterly impossible to vent 1 MW of hot air out of two panes of glass.

@Jed,

I think we should let any participants and lurkers who have joined us recently to judge for themselves.

Quote from Shane D.

Read Rossi's depo again. The lawyers were just as "prompted" to follow up when hearing in his depo his elaborate, and unsubstantiated account. Understandable, as that was the first time anyone, including JD, had heard of an upstairs HE. Even Bass, JMP Engineer ( ), seems to have missed it. Hard for him not to notice...don't you think?

I appreciate your thoughts on this, but it would be nice to see some evidence for the proposition that nobody noticed it. I don't remember reading anywhere in the deposition evidence that we have access to of anyone stating that they never noticed the piping being installed in the mezzanine. Now, do I think people were asked this question during the depositions? Yes, I would think so. But for whatever reason, neither party revealed their answers in the briefings. In all probability, one or more persons will be asked this question under oath on the witness stand.

@Shane,

And likewise, if we happen to get answers from everyone (anyone?) involved that nobody noticed the heat exchanger being installed in the mezzanine, then I will revise my thoughts as well. At this point, I don't really know. Not enough information. As I've said for some time, I think the heat exchanger issue might be best the Rossi critics have at this point.

My apologies, I determined why nobody noticed anything. Rossi borrowed Harry Potter's Cloak of Invisibility, or a Klingon cloaking device, or something like that. Makes perfect sense now.

Quote from IH Fanboy

I enjoyed your post, but what prompts you to ask this question? Can you point to which evidence leads you to think that nobody noticed?

I am drawing a conclusion from the lack of evidence in the court records. This is not a home depot job. You would have to go to a piping supply to get that large of piping and elbows. 7+ tons of material in one order would have a paper trail and if I were sueing for 89 million plus triple damages I would make sure that it was part of the deposition record. The construction of the exchanger should be tax deductible as a business expense and might even be eligible for a tax credit so he would have kept the records for IRS purposes.

JedRothwell

Thanks for finding the quote for me.