Some Interesting things in the new document dump yesterday. The meat and potatoes would be 179, and 179-08. A lot of it is kind of funny actually, and also informative, as it demonstrates exactly why Venture Capitalist's, and probably most other corporations, layer themselves with LLC subsidiaries. By doing so they are able to play a lot of shell games -as Darden does with Cherokee/IH/IPH, when/if legal issues arise. In 179 Rossi's lawyers take issue with the game playing, and ask for punishments.
179-08 is the Fogelman deposition transcripts. Darden sent him to represent Cherokee/IPH. Rossi's lawyer mostly focuses on getting him to confess, or admit to Cherokee/IPH being one and the same, in some form or fashion. Fogelman sticks to the script though, and seems to walk away unscathed. But beyond that there was this one interesting exchange:
. Now, the second thing this page says is: "They
21 improved the E-Cat reactor to COP of 20 to 80, the test
22 data of Industrial Heat, LLC."
23 Does Cherokee have any evidence that that
24 statement is not correct?
25 A. To my knowledge, Cherokee Investment Partners, LC has no information that would indicate that statement
2 is correct.
3 I would like to say that again. To my
4 knowledge, Cherokee Investment Partners, LLC has no
5 information to support that statement.
6 Q. Does it have any information that undermines
7 that statement, that proves that to be incorrect?
8 A. To my knowledge, Cherokee Investment Partners,
9 LLC does not have any information regarding the COP of the
10 E-Cat. That would be Industrial Heat, LLC would have
11 whatever information there is.
12 Q. Do you have any knowledge, sir, personally?
13 A. No, I don't have any knowledge personally.
. Sir, do you have any knowledge that would
8 contradict a COP of 20 to 80?
9 A. It is my understanding that Industrial Heat,
10 LLC has not been able to replicate any measurable excess
11 energy on an consistent basis.
12 Q. And what evidence do you have to support that?
13 Or that you are aware of?
14 A. Well, the statements that have been made in
15 these proceedings, and it is my understanding those
16 statements are based on information that Industrial Heat,
17 LLC has.
18 Q. Other than what is contained in the pleadings
19 that have been filed in this action, sir, do you have any
20 evidence or any knowledge that contradicts the statement
21 made by Mr. Darden in this presentation that they improved
22 the E-Cat reactor to a COP of 20 to 80, the test data of
23 Industrial Heat, LLC?
24 A. I just can't -- I can't recall that.
Q. Sir, you have been very clear to try to state,
25 and I understand, you certainly have a bias in this field But you have been very clear to state that you have no
2 evidence to support that they have achieved that COP. And
3 I have asked you, repeatedly now, without getting an
4 answer, whether you have any evidence that they did not
5 achieve a COP of 20 to 80, other than what you have read
6 in the pleadings.
7 A. It is my understanding that Industrial Heat,
8 LLC has the evidence.
9 Q. But you do not?
10 A. I do not
The next one I found interesting only in that it shows Rossi had an attorney/lawyer, who negotiated the initial license agreement. We here have speculated the agreement was so one-sided against Rossi, that he must have done his own negotiating:
Q. Okay. Let me put it this way. Sir, do you
12 deny that in reliance upon the representations above,
13 Dr. Rossi and Leonardo, with the assistance of their
14 Italian attorney, negotiated the terms of the license
15 agreement with Cherokee?
16 A. Yes. With a license agreement with Cherokee
17 Investment Partners, LLC, yes. That was never the
18 intention.
19 Q. What facts or evidence do you have?
20 A. Cherokee Investment Partners, LLC would never
21 make that investment