quote:Originally posted by driver4t4: Originally Posted by 9Dawg My take on this is that the SEC is looking for a technicality. I read over a few cases quickly and it appears that the Judge has the discretion to allow CSHD to "cure" its default if CSHD moves quickly to file an Answer. It can be reasonably argued to the judge that CSHD has appeared in court, cooperatively participated in depositions by the appearance of certain officers, cooperatively answered written discovery requests, entered into a Consent Order and submitted documents on behalf of the company under seal with the Court. CSHD, although apparently not formally appeared by filing an Answer, can hardly be argued to have ignored these proceedings. Although the best thing would have been to timely file an Answer, it is not yet the end of the world.
This is currently my take. Still investigating...not worked up util I understand.
-------------------- - "Pay it Forward"
IP: Logged |
posted
from rufus mom at hsm..Originally Posted by TallRob Mrs. Harris, could you call Rufus can ask him why he didnt respond in time? and what he is goingto do about it? tanks in advance.............still long in the stock.
He is out to dinner with Ben they are having a meeting.
IP: Logged |
posted
Good grief - I think we have officially moved from a movie to either a mini-series or trilogy - depends on whether we are going for megabucks or simply ratings....
-------------------- Study before you buy, Sell before you think about it....
IP: Logged |
posted
Hey, looks like I might just get my buy in point tomorrow (under $.10).
This thing is crazy.
I know Rufus was asked when the next court date was and he said he had asked the SEC how long this would take. He said that they couldn't say and he tried to push them for a time frame...weeks, months? They wouldn't say.
I'm wondering if this deadline was missed because we didn't have a lawyer to keep up with this. I would have thought this deadline would have been somewhere in the court filings that we've all looked over.
Either way, I think it will be worked out. I hope the judge wouldn't rule on such an important case based on a small infraction...unless that infraction goes un-answered....Rufus get on with it .
IP: Logged |
posted
post from tut, (or are we not doing this anymore) Read this carefully to understand:
If, in order to enable the court to enter judgment or to carry it into effect, it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to make an investigation of any other matter, the court may conduct such hearings or order such references as it deems necessary and proper and shall accord a right of trial by jury to the parties when and as required by any statute of the United States.
(c) Setting Aside Default.
For good cause shown the court may set aside an entry of default and, if a judgment by default has been entered, may likewise set it aside in accordance with Rule 60(b).
IP: Logged |
(a) Entry. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party's default.
(b) Judgment. Judgment by default may be entered as follows:
(1) By the Clerk. When the plaintiff's claim against a defendant is for a sum certain or for a sum which can by computation be made certain, the clerk upon request of the plaintiff and upon affidavit of the amount due shall enter judgment for that amount and costs against the defendant, if the defendant has been defaulted for failure to appear and is not an infant or incompetent person.
(2) By the Court. In all other cases the party entitled to a judgment by default shall apply to the court therefor; but no judgment by default shall be entered against an infant or incompetent person unless represented in the action by a general guardian, committee, conservator, or other such representative who has appeared therein. If the party against whom judgment by default is sought has appeared in the action, the party (or, if appearing by representative, the party's representative) shall be served with written notice of the application for judgment at least 3 days prior to the hearing on such application. If, in order to enable the court to enter judgment or to carry it into effect, it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to make an investigation of any other matter, the court may conduct such hearings or order such references as it deems necessary and proper and shall accord a right of trial by jury to the parties when and as required by any statute of the United States.
(c) Setting Aside Default. For good cause shown the court may set aside an entry of default and, if a judgment by default has been entered, may likewise set it aside in accordance with Rule 60(b).
(d) Plaintiffs, Counterclaimants, Cross-Claimants. The provisions of this rule apply whether the party entitled to the judgment by default is a plaintiff, a third-party plaintiff, or a party who has pleaded a cross-claim or counterclaim. In all cases a judgment by default is subject to the limitations of Rule 54(c).
(e) Judgment Against the United States. No judgment by default shall be entered against the United States or an officer or agency thereof unless the claimant establishes a claim or right to relief by evidence satisfactory to the court.
posted
I asked Tut for an explanation and he posted this...he's on the case.
Today, 08:26 PM #2485 tutankhamen HSM Regular
Join Date: Aug 2006 Posts: 448 Read this carefully to understand:
If, in order to enable the court to enter judgment or to carry it into effect, it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to make an investigation of any other matter, the court may conduct such hearings or order such references as it deems necessary and proper and shall accord a right of trial by jury to the parties when and as required by any statute of the United States.
(c) Setting Aside Default.
For good cause shown the court may set aside an entry of default and, if a judgment by default has been entered, may likewise set it aside in accordance with Rule 60(b).
-------------------- "If you go the Extra Mile there will be no Traffic Jams".
(a) Clerical Mistakes. Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders. During the pendency of an appeal, such mistakes may be so corrected before the appeal is docketed in the appellate court, and thereafter while the appeal is pending may be so corrected with leave of the appellate court.
(b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud, Etc. On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b); (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or (6) any other reason justifying relief from the operation of the judgment. The motion shall be made within a reasonable time, and for reasons (1), (2), and (3) not more than one year after the judgment, order, or proceeding was entered or taken. A motion under this subdivision (b) does not affect the finality of a judgment or suspend its operation. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order, or proceeding, or to grant relief to a defendant not actually personally notified as provided in Title 28, U.S.C., § 1655, or to set aside a judgment for fraud upon the court. Writs of coram nobis, coram vobis, audita querela, and bills of review and bills in the nature of a bill of review, are abolished, and the procedure for obtaining any relief from a judgment shall be by motion as prescribed in these rules or by an independent action.
Join Date: Aug 2006 Posts: 451 Shareholder stay calm. You may be over-reacting and mis-interpreting what could turn out to be a very simple explanation and if you actually read rule 55a you would see that a default judgment can be set aside if there is no proof for the allegations. Calm down and think rationally and look at "all" the facts and not just one document before you jump to conclusions.
-------------------- "If you go the Extra Mile there will be no Traffic Jams".
posted
FYI - I got a response from the third of my three letters to senators and congressmen. I'm surprised he bothered to respond at all (better than the other time in life I had a reason to contact him), but said that "Senate Ethics Rules preclude me from becoming involved in legal matters ongoing and final". Oh well, I feel like I can count on the other two to make some things happen or support movements for change FWIW.
-------------------- Study before you buy, Sell before you think about it....
IP: Logged |
quote:Originally posted by SherriT: Anyone else think the SEC is making a mockery of this whole thing? I wish the judge would take a look at the evidence and rule on it...
The judge may be able to get some evidence to look at if conversion would go to court to and file their statements to begin with.
posted
Not surprised at all by this recent news . Rufus is a damn moron plain and simple . Now you know why MA split and wished Rufus good luck . Game Over ........ we lose
-------------------- ----- Game Over -----
IP: Logged |
posted
Guys...Rufus and Simon discussed this the other night. Rufus seemed to be very confident about where they stood on this issue. He was aware of this and did not seem to be worried.
Give him a chance to explain what's going on before we all panic and started reaching for each others throats. Let's work together on this tonight. This is the best board for that.
-------------------- "If you go the Extra Mile there will be no Traffic Jams".
quote:Originally posted by 3403: Listen, there is absolutley no excuse for not responding in a timely manner, in accordance to the rules of the court. NONE
Its because they don't have an attorney ....... can't you people see that ???
-------------------- ----- Game Over -----
IP: Logged |
You must have played baseball in high school and played left field, because that's were that came from.
What are you talking about...this is just chapter 6. Remember, there are 8 chapters to this book....due to be released in about 2 weeks.
quote:Originally posted by thesource: Not surprised at all by this recent news . Rufus is a damn moron plain and simple . Now you know why MA split and wished Rufus good luck . Game Over ........ we lose
-------------------- "If you go the Extra Mile there will be no Traffic Jams".
posted
They have an attorney for defense...just not the bulldog they want for offense. You people are confusing this issue.
quote:Originally posted by thesource:
quote:Originally posted by 3403: Listen, there is absolutley no excuse for not responding in a timely manner, in accordance to the rules of the court. NONE
Its because they don't have an attorney ....... can't you people see that ???
-------------------- "If you go the Extra Mile there will be no Traffic Jams".
posted
I recommend that we not write a Chapter 7 to the story.
quote:Originally posted by thesource:
quote:Originally posted by St. Matthew: We???
You must have played baseball in high school and played left field, because that's were that came from.
What are you talking about...this is just chapter 6. Remember, there are 8 chapters to this book....due to be released in about 2 weeks.
quote:Originally posted by thesource: Not surprised at all by this recent news . Rufus is a damn moron plain and simple . Now you know why MA split and wished Rufus good luck . Game Over ........ we lose
Yeah chapter 7 & 8 are going to be written from the Federal prison . Actually he will probably skate on this whole deal like with BBAN . Sorry SOB .
quote:Originally posted by St. Matthew: They have an attorney for defense...just not the bulldog they want for offense. You people are confusing this issue.
Just keep telling yourself that ....... by the way I hope the food at the Mexican restraunt was free so atleast you got something for your investment . If not , your even a bigger sucker than I am .
-------------------- ----- Game Over -----
IP: Logged |
quote:Originally posted by St. Matthew: They have an attorney for defense...just not the bulldog they want for offense. You people are confusing this issue.
Just keep telling yourself that ....... by the way I hope the food at the Mexican restraunt was free so atleast you got something for your investment . If not , your even a bigger sucker than I am .
actually? we are pretty sure you...
-------------------- Don't envy the happiness of those who live in a fool's paradise.
IP: Logged |
quote:Originally posted by thesource: Not surprised at all by this recent news . Rufus is a damn moron plain and simple . Now you know why MA split and wished Rufus good luck . Game Over ........ we lose
So now we have lost, are you finally going to sell so you do not have to post here anymore???????
-------------------- 'The rewards for those that persevere, far exceed the pain that must proceed the victory!'
IP: Logged |
quote:Originally posted by thesource: Not surprised at all by this recent news . Rufus is a damn moron plain and simple . Now you know why MA split and wished Rufus good luck . Game Over ........ we lose
So now we have lost, are you finally going to sell so you do not have to post here anymore???????
Not yet ...... having too much damn fun right now . Remember guys , have a sense of humor !!
Its all a part of Rufus's plan .
-------------------- ----- Game Over -----
IP: Logged |
quote:Originally posted by thesource: Not surprised at all by this recent news . Rufus is a damn moron plain and simple . Now you know why MA split and wished Rufus good luck . Game Over ........ we lose
So now we have lost, are you finally going to sell so you do not have to post here anymore???????
Not yet ...... having too much damn fun right now . Remember guys , have a sense of humor !!
Its all a part of Rufus's plan .
Sense of humour?? The fact i am talkin to you shows i have humour!!!
-------------------- 'The rewards for those that persevere, far exceed the pain that must proceed the victory!'
IP: Logged |
Topic Closed
UBBFriend: Email this page to someone!
Printer-friendly view of this topic
![[Big Grin]](biggrin.gif)
.
![[Frown]](frown.gif)
![[Eek!]](eek.gif)
![[Wink]](wink.gif)
![[Roll Eyes]](rolleyes.gif)
are you finally going to sell so you do not have to post here anymore??????? 
