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CMKX - May 10 - 05 D-Day - The next chapter
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[QUOTE]Originally posted by legaleagle: [QB] FRIZZELL LAW FIRM 305 S. Broadway, Suite 302 Tyler, Texas 75702 (903)595-1921 E-Mail jmartin@cmkxownersgroup.com Dear Group Members, July 6, 2005 John Martin is out of the office and will return on Friday. He is out of town on CMKX business so hold your calls until Friday if you wish to speak to him. He may be able to return some emails but I understand there are some problems with his remote hookup. Many of you have visited with my legal assistant Goldie Norris in the last few months. She is taking the remainder of the week off for a long scheduled vacation. She is very dedicated and very loyal and expressed her concerns about being out of the office the remainder of this week. Her vacation has been planned for quite sometime. You will see below that I am working on some other matters which will prevent me from taking calls at least until tomorrow. Any calls that come to the office may be answered by temporary help or call notes. All messages will be forwarded to me. I am currently “encouraging” the company and the SEC to enter into formal settlement discussions before we receive a ruling by Judge Murray. I plan on asking the Judge (by written motion if necessary) to allow us time to explore all options before she rules. Judge Murray has indicated she will rule by July 17. I am hopeful we will be given the benefit of the next week or so to try to come to some agreement. The issues in these settlement discussions are not terribly complicated but I am not convinced the company and the SEC have fully discussed all avenues of settlement at this point. Phone conferences are planned this morning with the company. There has been discussion about appealing any adverse ruling by the court and continuing our work on the financials during the appeals process. Although we may be resigned to this fate, I am adamantly opposed to such unless we have fully explored all other options. I have made myself clear to the company about our position. I am convinced that work is continuing on the financials. It is my understanding that there will be some announcements about the new auditor any day now. There were tentative plans for me to be in Fort Lauderdale tomorrow, Ecuador over the weekend and Canada next week. I have told Urban that I will not be going to Ecuador or to Canada until we have exhausted every avenue to avoid deregistration. I have also cancelled my trip to Fort Lauderdale to meet with the Eagletech people tomorrow. I plan to reschedule this meeting as well. The court has entered an order striking the portions of my brief referring to naked short selling. Her ruling denies the admission of SH Exhibit 1. It is apparent she will not consider our evidence of naked shorting in her ruling. I will have this order posted this afternoon. We are continuing to gather shareholder statements and adding the numbers to our total. This remains critical evidence as I meet with other parties (mostly politician types and law enforcement types). I have met formally with a non local office of the FBI. A meeting with the Department of Justice is being arranged. I will report to you the progress of any settlement talks as soon as I am able. Onward, Bill [/QB][/QUOTE]
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