Rossi v. Darden docket and case files

This is a compilation of most Rossi v. Darden case files, except as noted.

Introduction
Docket
Files 2016 April–June
Files 2016 July-September
Files 2016 October–December
Files 2017 January–March
Files 2017 April-June


Neutral analysis links
Discussion and opinion links
Credits

Introduction

This page will be updated to reflect new filings, notes, and corrections. Please note corrections in comments below. Such correction comments will be acknowledged but may be deleted when handled if not otherwise relevant where placed.

Eric Walker is also compiling case files. Sometimes he has a file sooner than us. Pacermonitor is a site that sells access, the docket for the most recent files is free. Pacermonitor does not continue to provide free access to the docket beyond a short period of time. It is not a good reference to use for documents because they cannot be read without substantial expense.

PACER is a U.S. government site, with free registration (with a credit card). Documents are $0.10 per page, with a limit per document of $3.00, and the minimum billing is $15 per quarter, or 150 pages, below that it is free. (Dockets and certain other reports do not have the $3 limit, be careful!)

Docket

The docket is only periodically downloaded. Every document should be shown in the Files section below (except as noted). Files (are updated as available, usually every day.)

0000-0_docket_up_to_12-06-2016 documents 1-85
0000.1.pdf_Docket_through_2016 documents 86-100
0000.4_docket0309.pdf documents 101-164
0000.5_Docket0317 documents 165-176

Files 2016 April–June

04/05/2016 0001-0_complaint
== 0001-1_exhibit_a 2015 Rossi US Patent
== 0001-2_exhibit_b License Agreement
== 0001-3_exhibit_c 1st amendment to License Agreement
== 0001-4_exhibit_d 2nd Amendment to License Agreement
Document files 2-16 are not downloaded from PACER. These were not, at the time, considered important. If anyone has them, I would appreciate them, and would put them here. Eventually, I may download these for completeness. See 0000-0 above, all files are described in the docket.
06/02/2016 0017-0_darden_motion_to_dismiss MOTION TO DISMISS 1 (Complaint)
06/17/2016 0018-0_rossi_memorandum_opposing_mtd
06/27/2016 0019-0_darden_reply_supporting_mtd
06/29/2016 0020-0_joint_scheduling_report
== 0020-1_joint_proposed_schedule
== 0020-2_joint_election_to_magistrate_jurisdiction
06/29/2016 0021-0_darden_interested_parties
06/30/2016 0022-0_rossi_interested_parties

Files 2016 July-September

07/01/2016 0023-0_order_setting_schedule Trial set for period of 6/26/2017 and other orders
07/19/2016  0024-0_order_on_mtd ORDER granting in part and denying in part 17 Motion to Dismiss for Failure to State a Claim. Counts II, V, VII, and VIII are DISMISSED without prejudice. All other counts remain intact
07/22/2016 0025-0_ordered_mediation Deadline having passed for proposed joint order, the judge orders compliance by July 26.
07/26/2016 0026-0_order_scheduling_mediation Order scheduling mediation for January 12, 2017.
07/28/2016 0027-0_motion_for_extension_of_time_to_file Moves extension to August 5, 2016
== 0027-1_proposed_order for judge to sign
07/29/2016 0028-0_order_extending_time_to_answer until August 5
08/05/2016 0029-0_answer Industrial Heat et al Answer.
== 0029-1_exhibit_1 Official critique of Rossi patent
== 0029-2_exhibit_2 Official critique of Rossi patent
== 0029-3_exhibit_3 Six Cylinder Unit photos
== 0029-4_exhibit_4 Rossi blog posts August and September 2015
== 0029-5_exhibit_5 Queries from Murray to Penon
== 0029-6_exhibit_6 list of patent applications
== 0029-7_exhibit_7 Assignment of License from IH to IPH
== 0029-8_exhibit_8 April 2013 Leonardo Certificate
== 0029-9_exhibit_9 Rossi email re Validation Test and “Health Office.”
== 0029-10_exhibit_10 http://arxiv.org/abs/1305.3913 … the “independent professors” Ferrara report
== 0029-11_exhibit_11 Agreement with USQL (Fabiani)
== 0029-12_exhibit_12 Rossi email September 10, 2012 re Hydro Fusion
== 0029-13_exhibit_13 Rossi email Mon, Sep 10, 2012 re European licensees
== 0029-14_exhibit_14 Levi et al, Lugano paper
== 0029-15_exhibit_15 Articles of Incorporation, J.M. Chemical Products, Inc.
== 0029-16_exhibit_16 Rossi email July 05, 2014 re renting to JM in Florida
== 0029-17_exhibit_17 Term Sheet for rental of 1 MW unit to JMC
== 0029-18_exhibit_18 JM Products reports of power used
== 0029-19_exhibit_19 Rossi email Jul 13, 2015 refusing access to IH engineer
== 0029-20_exhibit_20 Original was a large pdf, this is a reduced size jpg of the Bass business card
== 0029-21_exhibit_21 Fabiani emails (2016) 2/23, 4/6, and 4/14, replies of Joseph Murray, 4/26, 5/16
== 0029-22_exhibit_22 Cook and Rossi paper
== 0029-23_exhibit_23 Jones Day (IH) letter to Annesser (Rossi) re patent assignment. 2/7/2016
== 0029-24_exhibit_24 Rossi blog posts Aug 18, 2015 – Sep 13, 2015 (duplicates Exhibit 4?)
== 0029-25_exhibit_25 Rossi blog post April 14, 2016, claiming new sales to Customer of 1-year test.
== 0029-26_exhibit_26 Summons Penon
== 0029-27_exhibit_27 Summons Fabiani
== 0029-28_exhibit_28 Summons Johnson
== 0029-29_exhibit_29 Summons J.M. Products, Inc.
== 0029-30_exhibit_30 United States Quatum Leap, LLC [sic, Quantum]
08/11/2016 0030-0_answer-amended
== 30-1 to 30-25 not downloaded, presumed identical to 29-n.
== 0030-26_exhibit_26 photos of warehouse and customer area
08/11/2016 0031-0, summons, superseded by document 32.
08/12/2016 0032-0_summons_usql Fabiani’s company, mispelled
== 0032-1_summons_penon
== 0032-2_summons_johnson I have no idea why this PDF is so large.
== 0032-3_summons_jm_products
== 0032-4_summons_fabiani
08/16/2016 0033-0_appearance Annesser, Turner, Evans, and Chaiken, of Perlman, Bajandas, Yevoli & Albright, P.L., appear for Rossi
08/22/2016  0034-0_turner_appearance formal individual appearance of attorney for Rossi
08/22/2016 0035-0_evans_appearance formal individual appearance of attorney for Rossi
08/23/2016 0036-0_waiver_of_service For 3rd party defendants, J.M Products, Inc., Henry Johnson, and United States Quantum Leap, LLC
== 0036-1_waiver_of_service
08/25/2016 0037-0_hearing-notice hearing before Magistrate on 8/30 on plaintiff objection to 3rd party subpoenas
08/30/2016 0038-0 (not available)
Minute Entry for proceedings held before Magistrate Judge John J. O’Sullivan: Discovery Hearing held on 8/30/2016. John Annesser, Ryan Chaiken and Porpoise Evans for plaintiff; Christopher Pace and Christopher Lomax for defendants and Francisco Leon De La Barra for third-party defendants. (Digital 11:01:25.) (cg1)
08/30/2016 0039-0_motion_to_strike Plaintiff (Rossi) motion to strike affirmative defenses (of IH)
08/31/2016 0040.0 (no document)
PAPERLESS NOTICE of Hearing on 39 MOTION to Strike Affirmative Defenses MOTION for More Definite Statement: Motion Hearing set for 9/27/2016 10:30 AM in Miami Division before Judge Cecilia M. Altonaga. (ps1)
09/01/2016 0041-0_motion_to_dismiss_counterclaims Motion by Plaintiff (Rossi) to Dismiss IH Counterclaims
09/02/2016 0042-0_order_re_motion_to_quash Quashes subpoenas to T.D. Bank, BankUnited, and Accountant James Travis and abates subpoena to T-Mobile four days to give Johnson time to provide information about James Bass. (from hearing per doc. 37)
09/02/2016 0043-0_darden_motion_for_judgment Motion for immediate judgment on pleadings, Count 1.
09/09/2016 0044-0_rossi_response_to_mfj Rossi response to Darden Motion for Immediate Judgment on the Pleadings
09/15/2016 0045-0_darden_motion_to_amend_answer
== 0045-1_exhibit Draft Second Amended Answer
09/15/2016 0046-0_darden_motion_for_time
== 0046-1_draft_order
09/16/2016 0047-0_order_granting-45_-mooting-39-41-46
09/16/2016 0048-0 (no access) (listing kept for historical purpose, the transcript is now available, see the link immediately below.)
TRANSCRIPT of Discovery Hearing held on 8/30/16 before Magistrate Judge John J. O’Sullivan, 1-44 pages, Court Reporter: Carl Schanzleh, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/11/2016. Redacted Transcript Deadline set for 10/20/2016. Release of Transcript Restriction set for 12/19/2016. (Attachments: # 1 Designation Access Form)(hh) See DE 0040, 42.
09/16/2016 0048.0_Hearing_transcript
== 0048.1_Designation_access_form (only of transient interest, probably not now relevant)
09/16/2016 0049-0_darden_notice_of_withdrawal_of_MfJ  Withdraws 43 Motion for Judgment on the Pleadings without prejudice
09/19/2016 0050-0_second_amended_answer (Industrial Heat et al)
50-1 to 50-26 not downloaded, presumed identical to 29-1 to 25, and 30-26.
== 0050-27_exhibit_27 IPH assignment from IH
09/20/2016 0051-0 motion_re_substitution_of_rossi_counsel Removing Silver Law Group as counsel firm for Rossi
== 0051-1_stipulation_re_rossi_counsel
== 0051-2_draft_order_re_rossi_counsel
09/21/2016 0052-0_order_re_rossi_counsel Order substituting new firm for Silver Law Group (new counsel already appeared)
09/21/2016 0053-0_fabiani_attorney_appearance Rodolfo Nuñez, Esq
== 0053-1_fabiani_waiver_of_service
09/23/2016 0054-0_rossi_motion_to_strike Plaintiff’s Motion to Strike in part Defendants’ Second Amended Answer, Affirmative Defenses, Counterclaims and Third Party Claims, or in the alternative, Motion for a More Definitive
09/26/2016 0055.0 (no document)
PAPERLESS NOTICE of Hearing on 54 MOTION to Strike 50 Answer to Complaint, Third Party Complaint, Counterclaim, in Part Second Amended Answer, Affirmative Defenses, Counterclaims, and Third Party Claims, or in the Alternative, MOTION for More Definite Statement: Motion Hearing set for 10/14/2016 08:30 AM in Miami Division before Judge Cecilia M. Altonaga. (ps1)
09/29/2016 0056-0_rossi_motion_to_dismiss MOTION TO DISMISS DEFENDANTS’ AMENDED  COUNTERCLAIMS

Files 2016 October–December

10/03/2016 0057.0 (no document)
PAPERLESS NOTICE of Hearing: Status Conference, re: service of Third Party Complaint, set for 10/7/2016 12:30 PM in Miami Division before Judge Cecilia M. Altonaga. (ps1) (Entered: 10/03/2016)
10/05/2016 0058.0 PAPERLESS NOTICE RESETTING (no document) [Hurricane!]
PAPERLESS NOTICE RESETTING Hearing: Status Conference, re: service of
Third Party Complaint reset for 10/14/2016 08:30 AM in Miami Division before
Judge Cecilia M. Altonaga. (ps1) (Entered: 10/05/2016)

10/10/2016 0059-0_ih_response_in_opposition_to_mts_ IH Argument re Rossi Motion to Strike aspects of IH Answer, affirmative defenses, and Counterclaims.
10/11/2016 0060-0_mtd_fabiani Fabiani’s motion to dismiss IH third party complaint
10/11/2016 0061-0_mtd_johnson Johnson’s motion to dismiss IH third-party complaint
10/13/2016 0062-0_order-to-combine_60_61 Dismissal without prejudice of motions 60 (Fabiani) and 61 (Johnson), order to combine as a joint motion, to avoid duplicated arguments.
10/13/2016 0063-0_rossi_reply_to_response_to_mtd Final Rossi arguments on Motion to Strike before hearing 10/14
10/13/2016 0064-0_joint_-motion_for_protective_order Moving to create designations of confidentiality of disclosures in discovery, counsel for all parties agreed.
== 0064-1_text
10/14/2016 0065-0_protective-order signed by Magistrate per joint motion. Allows parties to designate information disclosed in discovery as confidential, with restrictions on who can see it, all subject to court review if requested.
10/14/2016 0066.0_Minute_Entry_Hearing_10-14 Re 54 Rossi Motion to Strike, and status conference, service of 3rd party complaint. See 0067.0 for hearing result.
Minute Entry for proceedings held before Judge Cecilia M. Altonaga: Motion Hearing held on 10/14/2016 re 54 MOTION to Strike 50 Answer to Complaint, Third Party Complaint, Counterclaim,,,,,,,,, in Part Second Amended Answer, Affirmative Defenses, Counterclaims, and Third Party Claims, or in the Alternative, MOTION for More Definite Statement filed by Leonardo Corporation, Andrea Rossi ; Status Conference re service of third-party complaint held on 10/14/2016. Court Reporter: Stephanie McCarn, 305-523-5518 / Stephanie_McCarn@flsd.uscourts.gov (cmz) (Entered: 10/14/2016)
10/14/2016 0067-0_order-on-rossi_motion-to-strike Granted in part and denied in part
10/17/2016 0068-0_ih_response_opposing_rossi_mtd Replies due by 10/27/2016
10/20/2016 0069-0_3rd_party_motion_to_dismiss Joint MOTION TO DISMISS Answer to Complaint … by James A. Bass, Fulvio Fabiani, J.M. Products, Inc., Henry Johnson, United States Quantum Leap, LLC. Responses due by 11/7/2016
10/25/2016 0070-0_rossi_hearing_notice_re_discovery Thursday, October 27, 2016 at 3:00 p.m before Magistrate re Rossi requests for production and interrogatories
== 0070-1_ih_response_to_1st_rossi_prod_request
== 0070-2_ih_response_to_1st_rossi_interrog
== 0070-3_ih_response_to_2nd_rossi_prod_request
== 0070-4_vaughn_response_to_1st_rossi_interrog
10/27/2016 0071.0 Hearing Minute Entry hearing set up in document 70 before Magistrate 10/27/2016. The transcript is not available on-line.
PAPERLESS Minute Entry for proceedings held before Magistrate Judge John J. O’Sullivan: Discovery Hearing held on 10/27/2016. John Annesser and Ryan Chaiken/plaintiffs; Christopher Pace and Christopher Lomax/defendants. (Digital 14:51:20.) (cg1) (Entered: 10/27/2016)
10/27/2016 0072-0_rossi_reply_to_ih_response-on-rossi-mtd legal arguments, Annesser reply to IH response to Annesser Motion to Dismiss counterclaims.
11/07/2016 0073-0_ih_opposition_to_69_mtd
11/08/2016 0074-0_order_re_discovery relating to hearing doc 71
11/08/2016 0075-0_ih_hearing_notice_re_75-1 Discovery hearing December 6, 2016 at 2:00 p.m., on Plaintiffs/Counter Defendants’ Responses and Objections to Defendants’ First Request for Production to Plaintiffs.
== 0075-1_rossi_response_and_objection_to_rfp
11/16/2016 0076-0_order_on_rossi_mtd ORDERED AND ADJUDGED that the Motion to Dismiss [ECF No. 56] is DENIED.
11/17/2016 0077.0_3rd_party_reply_re_MTD Third-party Defendants’ combined reply to Counter-Plaintiff’s response in opposition to third-party Defendant’s motion to dismiss Counts III, IV, and V of Counter-Plaintiff’s Second Amended Counterclaims and third-party claims.
11/23/2016 0078-0_3rd_amended_ih_answer Per Judge’s Order DE 67.
== 0078.1 through 0078.27 are presumed the same as 0029.1 – 0029.25, 0030.26, and 0050.27.
11/23/2016 0079-0_ih_notice_of_3rd_answer
11/29/2016 0080-0_rossi_motion_for_time_to_file
Deadline for filing answer was 7 days from order denying Rossi MTD, this asks for seven more days, but then confuses it, so a new version was filed as DE 81.
== 0080-1_proposed__order_text
11/29/2016 0081-0_rossi_motion_for_time
Asks for 14 days to file (due December 14), or 7 days from date of order on 3rd party defendant’s MTD, whichever is shorter.
== 0081-1_proposed__order_text
11/29/2016 0082-0_order_granting_time
12/05/2016 0083-0_dismissal_of_3rd_party_mtd DE69 dismissed sua sponte as moot, as IH counterclaim amended.
12/05/2016 0084-0 Hearing transcript (no access) (listing kept for historical purpose, the transcript is now available, see the link immediately below.) TRANSCRIPT of the Motion Hearing and Status Conference held on 10/14/16, before Judge Cecilia M. Altonaga, 1-60 pages, Court Reporter: Stephanie McCarn, 305-523-5518 / Stephanie_McCarn@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/27/2016. Redacted Transcript Dead line set for 1/5/2017. Release of Transcript Restriction set for 3/6/2017. (smn) See DE66,67.
12/05/2016 0084.0_Motion_hearing_and_status_conference
12/06/2016 0085-0_hearing_time_change  ORDER re-setting Discovery Hearing. Hearing re-set for 12/6/2016 02:30 PM in Miami Division before Magistrate Judge John J. O’Sullivan.) **TIME CHANGE ONLY** Signed by Magistrate Judge John J. O’Sullivan on 12/6/2016. (tro) (Entered: 12/06/2016)
12/06/2016 0086-0_hearing_cancelled (Dec. 6 hearing, by IH attorney)
12/07/2016 0087-0_hearing_notice Discovery Hearing set for 12/20/2016 03:00 PM (Rossi request, reviewing 1st and 2nd production requests to IH)
12/09/2016 0088-0 Hearing transcript (no access) Duplicate of DE 84.
TRANSCRIPT of the Motion Hearing and Status Conference held on 10/14/16, before Judge Cecilia M. Altonaga, 1-60 pages, Court Reporter: Stephanie McCarn, 305-523-5518 / Stephanie_McCarn@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/30/2016. Redacted Transcript Dead line set for 1/9/2017. Release of Transcript Restriction set for 3/9/2017. (smn)
12/14/2016 0089.0_Rossi_Answer (to the countercomplaint)
12/19/2016 0090.0_3rd_party_MTD refiled after original MTD mooted (per order, D.E. 83)
12/20/2016 0091.0_IH_objection_to_hearing_notice
12/20/2016 0092.0 Minute entry (no access)
minutes Discovery Hearing Tue 3:56 PM
PAPERLESS Minute Entry for proceedings held before Magistrate Judge John J. O’Sullivan: Discovery Hearing held on 12/20/2016. Total time in court: 50 minutes. Attorney Appearance(s): Christopher Rebel Jude Pace, Christopher Martin Lomax, Brian W. Chaiken, Christopher Perre. (Digital 15:01:04) (cg1)

12/20/2016 0093.0_JMP_interested_parties
12/20/2016 0094.0_USQL_interested_parties
12/23/2016 0095.0_Rossi_Motion_to_file_late D.E. 89 was filed late.
12/27/2016 0096.0 order (no access)
Order on Motion for Leave to File Tuesday, December 27, 2016 3:40 PM
ORDER denying without prejudice 95 Motion for Leave to File due to the failure to provide a proposed order, as is required by the Local Rules. Signed by Judge Cecilia M. Altonaga (CMA)

12/28/2016 0097.0_Transcript_of_Magistrate_hearing (see below for actual transcript)
TRANSCRIPT of discovery hearing held on 12-20-2016 before Magistrate Judge John J. O’Sullivan, 1-43 pages, Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/18/2017. Redacted Transcript Deadline set for 1/30/2017. Release of Transcript Restriction set for 3/28/2017. (dwh)
12/28/2016 0097.0 Transcript of Magistrate Hearing
12/28/2016 0098.0 _Rossi_Motion_to_file_late (renewed with proposed order)
== 0098.1_Proposed_order
12/28/2016 0099.0_IH_Opposition_to_Motion 98
12/29/2016 0100.0_Order _granting_95

Files 2017 January–March

01/03/2017 0101.0_IH_Opposition_to_3rdP_MTD Replies due by 1/10/2017
01/04/2017 0102.0_IH_notice_of_discovery_hearing  January 5, 2017, 2:00 p.m.
== 0102.1_Johnson-Bass_response
== 0102.2_Fabiani_response
01/05/2017 (no doc number) 3:29 PM Util Set/Reset Hearings
Discovery Hearing set for 1/10/2017 at 10:00 AM in Miami Division before Magistrate Judge John J. O’Sullivan. (tro)
01/05/2017 00103.0_Discovery_Order Magistrate order re 12/20 Discovery Hearing. (re Rossi requests for IH)
01/05/2017 0104.0 (no doc) minutes Discovery Hearing Thu 3:50 PM
PAPERLESS Minute Entry for proceedings held before Magistrate Judge John J. O’Sullivan: Discovery Hearing held on 1/5/2017. Total time in court: 43 minutes. Attorney Appearance(s): Francisco J Leon de la Barra, Christopher Rebel Jude Pace, Christopher Martin Lomax, Rodolfo Nunez, Brian W. Chaiken, Erika Handelson. (Digital 14:00:42)
01/09/2017 0105.0_Discovery_Hearing_Notice
== 0105.1_Rossi_Response_to_IH_requests
01/10/2017 0106.0 (no doc) Hearing transcript. (see next entry for released transcript)
TRANSCRIPT of discovery hearing held on 1-5-2017 before Magistrate Judge John J. O’Sullivan, 1-39 pages, Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/31/2017. Redacted Transcript Deadline set for 2/10/20 17. Release of Transcript Restriction set for 4/10/2017. (dwh)
01/10/2017 0106.0 Hearing Transcript
01/10/2017 0107.0 Minute Entry (no doc)
PAPERLESS Minute Entry for proceedings held before Magistrate Judge John J. O’Sullivan: Discovery Hearing held on 1/10/2017. Total time in court: 45 minutes. Attorney Appearance(s): Christopher Rebel Jude Pace, Christopher Martin Lomax, John William Annesser, II, Brian W. Chaiken, Erika Handelson, Christopher Perre. (Digital 10:05:32) (cg1) (Entered: 01/10/2017)
01/10/2017 0108.0_Rossi_Motion_for_Sanctions
== 0108.1_Patent Exhibit A
== 0108.2_Rossi_email_2-5-2015 Exhibit B
== 0108.3_Rossi_email_3-17-2015 Exhibit C
== 0108.4_Darden_email_4-10-2015 Exhibit D
01/10/2017 0109.0_IH_Motion_to_admit_Bell new IH attorney
== 0109.1_Certification_of_Bell
== 0109.2_Proposed_Order
01/10/2017 0110.0_3pD_Reply_to_IH_response_to_MTD Re DE 90 & 101
01/11/2017 0111.0_Order_on_motion_to_appear
01/11/2017 0112.0_Order_on_motion_for_sanctions
01/11/2017 0113.0_Fabiani_M_for_leave, attend mediation by internet
01/12/2017 0114.0_Order_granting_motion_for_leave (DE 113)
01/12/2017 0115.0_IH_Proposed_discovery_order re hearing 104
== 0115.1_Proposed_text used in 116.
01/12/2017 0116.0_Order_on_discovery re 3rd party defendants, see 102.
01/13/2017 0117.0_Mediator_notice_of_impasse
01/13/2017 0118.0_IH_motion_for_60_day_extension (discovery delays)
== 0118.1_Exhibit_A emails, Rossi to Bass and Johnson’s legal assistant
== 0118.2_Exhibit_B copy of DE 116
01/13/2017 0119.0_Notice_of_filing of proposed order for 60 days
== 0119.1_Text_of_proposed_order for 60 days
01/17/2017 0120.0_Order_on_3rd_Party_MTD Count III intact, Counts IV & V dismissed.
01/17/2017 0121.0_Order_denying_Motion_for_time
01/27/2017 122.0_Notice_IH_draft_discovery_order
== 122.1_draft_order
01/27/2017 123.0_Order_per_122
01/27/2017 124.0_IH_motion_to_file_4th_AACT
== 124.1_proposed_AACT Exhibit A
== 124.2 – 124.28 27 Exhibits assumed unchanged, see Doc 50 and prior
== 124.29_Fabiani_contract_renewal Exhibit 28
== 124.30_Fabiani_email_re_contract Exhibit 29
== 124.31_Proposed Order
01/30/2017 0125.0_Order_to_expedite
01/30/2017 0126.0_USQL_opposition
01/30/2017 0127.0_JMP-Bass_opposition
01/30/2017 0128.0_Rossi_opposition
== 0128.1_Exhibit_1 part of Penon Report?
== 0128.2_Exhibit_2 JMP electrical billing
01/31/2017 0129.0_IH_reply
== 0129.1_Exhibit_A Chart showing daily utility usage vs Penon and Fabiani
02/01/2017 0130.0_Order_allows_4th_AACT
02/01/2017 0131.0_Rossi_Notice_of_Discovery_hearing  February 7, 2017
02/01/2017 0132.0_4th_amended_AACT (Answer and countercomplaint)
== 0132.1 – 0132.29 Exhibits 1-29 as with Doc 124 and previous. Links for convenience:
== 0029-1_exhibit_1 Official critique of Rossi patent
== 0029-2_exhibit_2 Official critique of Rossi patent
== 0029-3_exhibit_3 Six Cylinder Unit photos
== 0029-4_exhibit_4 Rossi blog posts August and September 2015
== 0029-5_exhibit_5 Queries from Murray to Penon
== 0029-6_exhibit_6 list of patent applications
== 0029-7_exhibit_7 Assignment of License from IH to IPH
== 0029-8_exhibit_8 April 2013 Leonardo Certificate
== 0029-9_exhibit_9 Rossi email re Validation Test and “Health Office.”
== 0029-10_exhibit_10 http://arxiv.org/abs/1305.3913 … the “independent professors” Ferrara report
== 0029-11_exhibit_11 Agreement with USQL (Fabiani)
== 0029-12_exhibit_12 Rossi email September 10, 2012 re Hydro Fusion
== 0029-13_exhibit_13 Rossi email Mon, Sep 10, 2012 re European licensees
== 0029-14_exhibit_14 Levi et al, Lugano paper
== 0029-15_exhibit_15 Articles of Incorporation, J.M. Chemical Products, Inc.
== 0029-16_exhibit_16 Rossi email July 05, 2014 re renting to JM in Florida
== 0029-17_exhibit_17 Term Sheet for rental of 1 MW unit to JMC
== 0029-18_exhibit_18 JM Products reports of power used
== 0029-19_exhibit_19 Rossi email Jul 13, 2015 refusing access to IH engineer
== 0029-20_exhibit_20 Original was a large pdf, this is a reduced size jpg of the Bass business card
== 0029-21_exhibit_21 Fabiani emails (2016) 2/23, 4/6, and 4/14, replies of Joseph Murray, 4/26, 5/16
== 0029-22_exhibit_22 Cook and Rossi paper
== 0029-23_exhibit_23 Jones Day (IH) letter to Annesser (Rossi) re patent assignment. 2/7/2016
== 0029-24_exhibit_24 Rossi blog posts Aug 18, 2015 – Sep 13, 2015 (duplicates Exhibit 4?)
== 0029-25_exhibit_25 Rossi blog post April 14, 2016, claiming new sales to Customer of 1-year test.
== 0030-26_exhibit_26 photos of warehouse and customer area
== 0050-27_exhibit_27 IPH assignment from IH
== 124.29_Fabiani_contract_renewal Exhibit 28
== 124.30_Fabiani_email_re_contract Exhibit 29
02/06/2017 0133.0_IH_Notice_of_Hearing 2/9 re Fabiani deposition and discovery
02/07/2017 0134.0 Minute Entry (no doc avail)
PAPERLESS Minute Entry for proceedings held before Magistrate Judge John J. O’Sullivan: Discovery Hearing held on 2/7/2017. Total time in court: 1 hour(s) : 10 minutes. Attorney Appearance(s): Erika Stephanie Handelson, Christopher Martin Lomax, John William Annesser, II, Brian W. Chaiken, Christopher Perre. (Digital 10:02:47/10:12:39) (cg1)
02/07/2017 0135.0_Notice_of_hearing 2/9 Rossi, re Protective Order re 3rd P depositions.
02/09/2017 0136.0_Minute_Entry (no doc avail)
PAPERLESS Minute Entry for proceedings held before Magistrate Judge John J. O’Sullivan: Discovery Hearing held on 2/9/2017. Total time in court: 1 hour and 25 minutes. Attorney Appearance(s): Francisco J Leon de la Barra, Christopher Martin Lomax, Rodolfo Nunez, John William Annesser, II. (Digital 10:08:10) (cg1)
02/14/2017 0137.0_Hearing_Notice Rossi objection to privilege and demand for insurance info, 2/23
02/14/2017 0138.0_IH_Motion_-_Protective_order re expected Rossi motion
== 0138.1_Mazzarino_Affidavit covering founding of IH and relationship with IH
== 0138.2_Hearing_transcript hearing 2/7 over this issue
02/16/2017 0139.0_Order-motion_for_protective_order (IH motion Denied)
02/16/2017 0140.0_Rossi_Answer amended per IH amended countercomplaint
02/16/2017 0141.0_Johnson_and_Bass_Answer
02/16/2017 0142.0_Order_re_USQL deadline 2/21 for Fabiani to Answer or show cause
02/16/2017 0143.0_IH_Memo_re_privilege for Deep River Ventures communications with counsel
02/20/2017 0144.0_Rossi_hearing_notice  2/23 re objections to privilege
02/21/2017 0145.0_Discovery_Order misc. including Rossi screen names order
02/21/2017 0146.0_Discovery_Order various including Boeing deposition
02/21/2017 0147.0 Discovery Hearing (no document)
PAPERLESS Minute Entry for proceedings held before Magistrate Judge John J. O’Sullivan: Discovery Hearing held on 2/21/2017. Total time in court: 15 minutes. Attorney Appearance(s): Christopher Rebel Jude Pace, Christopher Martin Lomax, D. Porpoise Evans, Christopher Perre (Digital 10:50:40) (cg1)
02/21/2017 0148.0_Discovery_Order re deposition in Dominican Republic, site inspection
02/21/2017 0149.0_USQL_Answer (Fabiani)
02/21/2017 0150.0_IH_Hearing_Notice 2/23 re bank subpoenas, Rossi/JMP non-response
02/21/2017 0151.0_Rossi_Memo_re_138 Mazzarino privilege claim
02/23/2017 0152.0_Discovery_Order_re_privilege (Hearing 2/23)
02/23/2017 0153.0_Rossi_memo_opposing_143 re Deep River Ventures privilege
02/23/2017 0154.0 Discovery Hearing (no document)
PAPERLESS Minute Entry for proceedings held before Magistrate Judge John J. O’Sullivan: Discovery Hearing held on 2/23/2017. Total time in court: 1 hour(s). Attorney Appearance(s): Erika Stephanie Handelson, Christopher Martin Lomax, D. Porpoise Evans and Christopher Perre. (Digital 15:04:01/16:12:01) (cg1)
02/23/2017 0155.0 Discovery Transcript (no document yet)
TRANSCRIPT of Discovery Hearing Proceedings held on 2/9/17 before Magistrate Judge John J. O’Sullivan, 1-50 pages, Court Reporter: Bonnie J. Lewis, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/16/2017. Redacted Transcript Deadline set for 3/27/2017. Release of Transcript Restriction set for 5/24/2017.(hh)
02/23/2017 0156.0 Discovery Transcript (no document yet)
TRANSCRIPT of Discovery Hearing Proceedings held on 2/7/17 before Magistrate Judge John J. O’Sullivan, 1-55 pages, Court Reporter: Bonnie J. Lewis, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/16/2017. Redacted Transcript Deadline set for 3/27/2017. Release of Transcript Restriction set for 5/24/2017.(hh)
02/24/2017 0157.0_IH_reply_to_151 (Rossi opposition to Mazzarino privilege claim)
03/02/2017 0158.0_ IH_reply_to_153 Rossi opposition to DRV (Dewey Weaver) privilege claim.
03/02/2017  0158.1_Dewey_Weaver_declaration (on behalf of DRV)
03/08/2017 0159.0_Rossi_Disc_hearing_notice March 9, re 02/23/2017 ruling and IH objections
03/08/2017 0160.0_Rossi_Motion_to_seal Motion for Sanctions (DE 108? or new Motion?)
== 0160.1_Proposed_order
03/08/2017? 0161.0 Struck Rossi “Motion for Sanctions for Bad Faith Litigation Conduct,” see DE 163
== (Assumed exhibit filings) Struck. See DE 167, possibly the same.
03/09/2017 0162.0_IH_Disc_hearing_notice
03/09/2017 0163.0_Order_denying_160_striking_161
03/09/2017 0164.0 (no document) CLERK’S NOTICE of Compliance pursuant to 163 Order (nc)
03/09/2017 0165.0 (no document) Minute Entry for proceedings held before Magistrate Judge John J. O’Sullivan: Discovery Hearing held on 3/9/2017. (Digital 14:00:28) (cg1)
03/09/2017 0166.0- Order hearing on 138 and 143 protective order set for 3/14/2017.
03/09/2017 0167.0_Rossi_Motion_for_sanctions
== 0167.1_proposed_order
== 0167.2_Exhibit_1 Email from Darden to Sloan, 3/7/2014 (OCR’d version)
== 0167.3_Exhibit_2 Lugano report, scan filed, link here is to original
== 0167.4_Exhibit_3 Discovery Hearing transcript 1/10/2017
== 0167.5_Exhibit_4 Declaration of Levi
== 0167.6_Exhibit_5 Email from Darden to Zalli and Uzi
== 0167.7_Exhibit_6 Email Weaver -> Bo Hoisted -> Levi -> Rossi
== 0167.8_Exhibit_7 Deposition of Dewey Weaver
03/13/2017 0168.0_IH_Hearing_Notice 3/14 adding JMP bank record issue
03/14/2017 0169.0 (no document) PAPERLESS Minute Entry for proceedings held before Magistrate Judge John J. O’Sullivan: Discovery Hearing held on 3/14/2017. Total time in court: 1 hour(s). Attorney Appearance(s): Christopher Rebel Jude Pace, Christopher Martin Lomax, John William Annesser, II and Robert Bernstein. (Digital 15:01:04) (cg1)
03/14/2017 0170.0_Discovery_Order
03/15/2017 0171.0 Hearing transcript (doc not available yet)
TRANSCRIPT of Discovery Hearing Proceedings held on 3/9/17 before Magistrate Judge John J. O’Sullivan, 1-48 pages, Court Reporter: Bonnie J. Lewis, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/4/2017. Redacted Transcript Deadline set for 4/14/2017. Release of Transcript Restriction set for 6/12/2017. (Attachments: # 1 Designation Access Form)(hh)
03/15/2017 0172.0_IH_notice per Magistrate request in hearing 3/14.
== 0172.1_Proposed_order (covers more issues than DE 170)
03/16/2017 0173.0_Discovery_Order as proposed DE 172.1.
03/16/2017 0174.0_Rossi_Motion_to_seal
== 0174.1_Proposed order re Plaintiffs’ Motion for Sanctions against Defendants, Cherokee Investment Partners and IPH International, B.V. for Failure to Comply with Rule 30(b)(6).
03/16/2017 0175.0 (Presumed, no document) Plaintiffs’ Motion for Sanctions against Defendants, Cherokee Investment Partners and IPH International, B.V. for Failure to Comply with Rule 30(b)(6)
03/16/2017 0176.0 Order (no document) 10:17 PM ORDER denying 174 Motion to Seal. Signed by Judge Cecilia M. Altonaga (CMA)
03/16/2017 0177.0 Clerk’s Notice, presumably about removal of DE 175 per denied seal.
03/17/2017 0179.0_Rossi_Motion_for_sanctions
== 0179.1_Exhibit_1 Rossi Notice of Taking Videotaped Depositions, lists issues
== 0179.2_Exhibit_2 Cherokee Objections to Plaintiff’s notice
== 0179.3_Exhibit_3 Amended notice of taking videotaped depositions, adds new issues
== 0179.4_Exhibit_4 Industrial Heat Objections to Notice
== 0179.5_Exhibit_5 IPH Objections to Notice
== 0179.6_Exhibit_6 Deposition of Vaughn
== 0179.7_Exhibit_7 Deposition of Fogelman for IPH
== 0179.8_Exhibit_8 Deposition of Fogelman for Cherokee
03/20/2017 180.0_Order_denying_179 as improper
03/20/2017 181.0_IH_notice_of_hearing re JMP discovery
03/20/2017 0182.0_Rossi_Notice of hearing re subject of 179 March 23, see error correction in 185
03/20/2017 0183.0_IH_appeal re DRV attorney-client privilege, replaced by 184.
== 0183.1_Exhibit_A Meyers Bigel representation agreement
== 0183.2_Exhibit_B IH-DRV agreement
== 0183.3_Exhibit_C February 7 hearing excerpt
== 0183.4_Exhibit_D Declaration of Dewey Weaver re NK Patent Law
== 0183.5_Exhibit_E February 9 hearing excerpt (obsolete)
03/20/2017 0184.0_IH_amended_appeal re DRV attorney-client privilege
== Exhibits the same as for 183.1 – 183.4 but 183.5 was changed
== 0184.5_Exhibit_E February 9 hearing excerpt
03/20/2017 0185.0_IH_notice_of_hearing Thursday March 23, not “Tuesday.”
03/20/2017 0186.0_Rossi_request for more time (3/21 to 3/22) and more pages
== 0186.1_Proposed_Order
03/20/2017 0187.0_Joint_Motion_to_file_under_seal
== 0187.1_Proposed_Order
03/20/2017 0188.0_IH_Motion_to_exceed_page_limits for Motion for Summary Judgment & replies
== 0188.1_Proposed_Order
03/21/2017 0189.0_IH_Motion to exceed_page_limits for MSJ statment of material facts
== 0189.1_Proposed Order
03/21/2017 0190.0 Notice of Hearing (no document)
PAPERLESS NOTICE of Hearing on [184] Defendant’s APPEAL of Magistrate Judge [183] Defendant’s APPEAL of Magistrate Judge to District Court to District Court, [183] Defendant’s APPEAL of Magistrate Judge to District Court: Motion Hearing set for 3/24/2017 09:30 AM in Miami Division before Judge Cecilia M. Altonaga. (ps1)
03/21/2017 0191.0 Clerks Notice to Filer re 183 Defendant’s APPEAL of Magistrate Judge to District Court . Document Not Linked; ERROR − The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (lk)
03/21/2017  0192.0_Order re 183-184, 186-189, motions for time, for pages, for seal, and appeal.
03/22/2017 0193.0_IH_Amended_Hearing_notice
03/22/2017 0194.0_IH_Motion_for_Sanctions re spoliation, Rossi et al
== 0194.01_Exhibit 1 Expert report of Rick A. Smith, P.E.
== 0194.02_Exhibit_2 Deposition of T. Barker Dameron (IH engineer)
== 0194.03_Exhibit_3 Deposition of Leonardo Corp by Rossi + Darden-Penon emails
== 0194.04_Exhibit_4 Discussion of “megawatt” from NRC.
== 0194.05_Exhibit 5 Expert disclosure of Joseph A. Murray (not the disclosure, a description.)
== 0194.06_Exhibit_6 Video Deposition of Wong (Rossi expert)
== 0194.07_Exhibit_7 Video Deposition of Rossi
== 0194.08_Exhibit_8 Video Deposition of JM Products by Rossi
== 0194.09_Exhibit_9 Deposition of Fabio Penon
== 0194.10_Exhibit_10 Deposition of Fulvio Fabiani (apparently)
== 0194.11_Exhibit_11 3.8 MB file USQL consulting agreement
== 0194.12_Exhibit_12 December 4, 2015 email Pace to Annesser
== 0194.13_Exhibit_13 emails Rossi to IH, August 3, 2015, Vaughn to Rossi and Johnson, December 4, 2015, Pace to Annesser, December 9, 2015, Johnson reply, and Pace to Johnson, February 22, 2016.
== 0194.14_Exhibit_14 email Annesser to Pace, December 14, 2015
== 0194.15_Exhibit_15 Declaration of J.T. Vaughn
== 0194.16_Exhibit_16 unidentified data
03/22/2017 0195.0_Rossi_Motion_to_seal (denied 208)
== 0195.01_Proposed_order
03/22/2017 0196.0 (Presumed deleted) Rossi Motion for Partial Summary Judgment and (2) Daubert Motion to Strike and Exclude Defendants’ Experts with Attached Exhibits
03/22/2017 0197.0_IH_Motion_to_exclude_Rossi_expert
== 0197.01_Exhibit_1 Expert disclosure of Kaifui V. Wong
== 0197.02_Exhibit_2 Video deposition of Wong
== 0197.03_Exhibit_3 7.7 MB file Penon report
03/22/2017 0198.0 (temporary seal?)
03/22/2017 0199.0_JMP_etc_Motion_to_seal [denied 209]
03/22/2017 0200.0 (deleted?)
03/22/2017 0201.0_IH_Motion_to_seal [denied 210]
== 0201.1_Proposed_order
03/22/2017 0202.0 (sealed and deleted?)
03/22/2017 0203.0_IH_Motion_for_Summary_Judgment
03/22/2017 0204.0 (sealed?)
03/22/2017 0205.0 (sealed?)
03/22/2017 0206.0 (sealed?)
03/23/2017 0207.0_Defendants_support_of_MSJ (“Statement of Material Facts”)
== 0207.01_Exhibit_1 10.5 MB file License Agreement
== 0207.02_Exhibit 2 Deposition of Rossi
== 0207.03_ Exhibit_3 email Rossi to Darden and Vaughn, April 23, 2013.
== 0207.04_Exhibit_4 Rossi to Darden and Vaughn, April 24, 2013.
== 0207.05_Exhibit_5 1st Amendment to License Agreement
== 0207.06_Exhibit_6 Declaration of Thomas F. Darden
== 0207.07_Exhibit_7 Assignment of License Agreement to IPH
== 0207.08_Exhibit_8 Rossi certification re representations in Agreement
== 0207.09_Exhibit_9 7.3 MB file Deposition of Darden
== 0207.10_Exhibit_10 Deposition of Penon
== 0207.11_Exhibit_11 email Penon to Darden Validation Test 2013
== 0207.12_Exhibit_12 Deposition of Cassarino (Ampenergo)
== 0207.13_Exhibit_13 $3,219,950 paid, IH to Ampenergo, 2013.
== 0207.14_Exhibit_14 formal Admissions of Rossi
== 0207.15_Exhibit_15 2nd Amendment to License Agreement
== 0207.16_Exhibit_16 Contribution Agreement, IH & Ampenergo
== 0207.17_Exhibit_17 Deposition of Leonardo, rep by Rossi
== 0207.18_Exhibit_18 email Cassarino, Rossi, Darden, Boeing
== 0207.19_Exhibit_19 deposition of Industrial Heat, rep by Vaughn
== 0207.20_Exhibit_20 Six Cylinder Unit (photos)
== 0207.21_Exhibit_21 Rossi Deposition of Vaughn
== 0207.22_Exhibit_22 (Filed under seal) see 247-01 – Exhibit 22
== 0207.23_Exhibit_23 (blank) see 251-01 – Exhibit 23  Declaration of Vaughn
== 0207.24_Exhibit_24 Rossi responses to interrog.
== 0207.25_Exhibit_25 Rossi emails to supporters
== 0207.26_Exhibit_26 IH responses to interrog.
== 0207.27_Exhibit_27 Pace to Annesser 2/17/2016 re patent assignment
== 0207.28_Exhibit_28 Declaration of Pace re Exhibit 27
== 0207.29_Exhibit_29 IPH reponses to Rossi interrog.
== 0207.30_Exhibit_30 (filed under seal) see == 247-02 – Exhibit 30
== 0207.31_Exhibit_31 (filed under seal) see 247-03 – Exhibit 31
== 0207.32_Exhibit_32 (filed under seal) see 247-04 – Exhibit 32
== 0207.33_Exhibit_33 (filed under seal) see 247-05 – Exhibit 33
== 0207.34_Exhibit_34 emails Rossi (prev exhibit 16) re Doral proposal
== 0207.35_Exhibit_35 email Rossi/Darden, re Ampenergo, IH Memo to investors
== 0207.36_Exhibit_36 Deposition of JMP, represented by Rossi
== 0207.37_Exhibit_37 Deposition of Johnson
== 0207.38_Exhibit_38 JMC/JMP corporate papers
== 0207.39_Exhibit_39 Darden/Rossi negotiations re Test Sheet
== 0207.40_Exhibit_40 Darden/Rossi re JM not wanting to disclose identity
== 0207.41_Exhitbit_41 Rossi describes interactions with the customer “in London.”
== 0207.42_Exhibit_42 marked up Term Sheet
== 0207.43_Exhibit_43 Johnson provides OFAC declaration of ownership to IH
== 0207.44_Exhibit_44 Rossi March 2015 RFP for Johnson Matthey for 10 kg platinum sponge
== 0207.45_Exhibit_45 Term Sheet (prev exhibit 17)
== 0207.46_Exhibit_46 Rossi email to Johnson about rental of Doral and eviction
== 0207.47_Exhibit_47 various Rossi emails
== 0207.48_Exhibit_48 Deposition of Bass
== 0207.49_Exhibit_49 Rossi to Darden 2/19/2015
== 0207.50_Exhibit_50 Rossi – Johnson re power reports to IH & “Johnson Matthey”
== 0207.51_Exhibit_51 Bass business card
== 0207.52_Exhibit_52 deposition of James Stokes, Florida Department of Health
== 0207.53_Exhibit_53 Rossi 9/2014 to Johnson
== 0207.54_Exhibit_54 Rossi to Johnson re address of JMP
== 0207.55_Exhibit_55 Penon data
== 0207.56_Exhibit_56 deposition of Fabiani
== 0207.57_Exhibit_57 deposition of Murray (for full copy see 0215.03)
== 0207.58_Exhibit_58 Penon all reports as of February 23, 2016
== 0207.59_Exhibit_59 Florida Power & Light data
== 0207.60_Exhibit_60 deposition of T. Barker Dameron
== 0207.61_Exhibit_61 deposition of Barry West
== 0207.62_Exhibit_62 Rossi instructions to Bass, March 24. 2015, and February 15, 2016
== 0207.63_Exhibit_63 Rossi to Vaughn refusing entry to Murray 7/13/2015 (former Exhibit 19)
== 0207.64_Exhibit_64 12/9/2015, Vaughn to Rossi/Johnson requesting visit, Johnson response
== 0207.65_Exhibit_65 Queries for Penon by Murray, former Exhibit 5.
== 0207.66_Exhibit_66 payments from IH to USQL
== 0207.67_Exhibit_67 3.9 MB file IH/USQL Agreement
== 0207.68_Exhibit_68 4.2 MB file  Vaughn/Fabiani mails re 2014 Agreement
== 0207.69_Exhibit_69 11.3 MB file IH/USQL Agreement 9/1/2015 to3/31/2016
== 0207.70_Exhibit_70 3.5 MB file Fabiani to Vaughn 4/2016, Murray to Fabiani 5/2016
== 0207.71_Exhibit_71 Murray to Fabiani 3/22/2016 and 4/1/2016
== 0207.72_Exhibit_72 Murray to Fabiani 4/26/2016 and 5/16/2016
== 0207.73_Exhibit_73 Mail from Fabiani to Murray 4/25/2016
== 0207.74_Exhibit_74 Fabiani to IH 4/6/2016
== 0207.75_Exhibit_75 corporate confirmation Leonardo New Hampshire active 3/21/2017
03/23/2016 0208.0 no document ORDER denying [195] Motion to Seal. Signed by Judge Cecilia M. Altonaga (ps1)
03/23/2016 0209.0 no document ORDER denying [199] Motion. Signed by Judge Cecilia M. Altonaga (ps1)
03/23/2016 0210.0 no document ORDER denying [201] Motion to Seal. Signed by Judge Cecilia M. Altonaga (ps1)
03/23/2016 0211.0 no document CLERK’S NOTICE of Compliance pursuant to [208] Order Denying [195] Motion to Seal (nc)
03/23/2016 0212.0 no document CLERK’S NOTICE of Compliance pursuant to [209] Order Denying [199] Motion to Seal (nc)
03/23/2016 0213.0 no document CLERK’S NOTICE of Compliance pursuant to [210] Order Denying [201] Motion to Seal (nc)
03/23/2016 0214.0_Rossi_Motion_for_Partial_Summary_Judgment
== 0214.01 Exhibit_1 Affidavit of Andrea Rossi
== 0214.02 Exhibit_2 Deposition of Fogelman for Cherokee
== 0214.03 Exhibit 2A Cherokee web page
== 0214.04 Exhibit 3 Deposition of Vaughn for Industrial Heat
== 0214.05 Exhibit 4 3.6 MB file License Agreement and 2013 wire transfer
== 0214.06 Exhibit 5 First Amendment to License Agreement
== 0214.07 Exhibit 6 Assignment to IPH
== 0214.08 Exhibit 7 2.1 MB file Second Amendment to License Agreement
== 0214.09 Exhibit 8 Amended Assignment and Assumption to IPH
== 0214.10 Exhibit 9 Deposition of Darden
== 0214.11 Exhibit 10 Rossi email re Validation Test
== 0214.12 Exhibit 11 Dewey Weaver critique of Validation Test protocol
== 0214.13 Exhibit 12 Penon report on 2013 Validation Test
== 0214.14 Exhibit 13 Deposition of Vaughn
== 0214.15 Exhibit 14 Deposition of Murray (see also full deposition at 215.03)
== 0214.16 Exhibit 15 Validation Agreement re 2013 transfer of payment and IP
== 0214.17 Exhibit 16 Validation verification notice
== 0214.18 Exhibit 17 IPH deposition by Fogelman
== 0214.19 Exhibit 18 IH response to Rossi Interrogatory 2
== 0214.20 Exhibit 19 email Weaver to Vaughn, and Vaughn to Darden re 2013 test
== 0214.21 Exhibit 20 deposition of T. Barker Dameron
== 0214.22 Exhibit 21 Vaughn to Darden 2013 re activities
== 0214.23 Exhibit 22 7.0 MB file IH business plan and 2014 memo
== 0214.24 Exhibit 23 Rossi to Darden about Validation test. (duplicates Ex. 11?)
== 0214.25 Exhibit 24 Vaughn, 2012-2014 timeline
== 0214.26 Exhibit 25 Rossi/Penon “test plan.” 2/10/2015
== 0214.27 Exhibit 26 Rossi to Darden 2/19/2015
== 0214.28 Exhibit 27 Deposition of Smith (see full copy at 215.04)
== 0214.29 Exhibit 28 12/2/2013 Vaughn to Weaver experimental report
== 0214.30 Exhibit 29 2/19/2015 Rossi to McLaughlin (APCO)
== 0214.31 Exhibit 30 2/2/2015 Joe Pike to Rossi
== 0214.32 Exhibit 31 2/21/2015 Pike to Rossi
== 0214.33 Exhibit 32 2.1 MB file draft Penon Report
== 0214.34 Exhibit 33 IH responses to Rossi interrogatories 1
== 0214.35 Exhibit 34 April 2015 Darden Memo to Lamacraft (Woodford)
== 0214.36 Exhibit 35 March 4, 2016 on IH press release
== 0214.37 Exhibit 36 Final Penon report
== 0214.38 Exhibit 37 Vaughn re Rossi/Cook paper
== 0214.39 Exhibit 38 Darden to Rossi re Rossi/Cook paper
== 0214.40 Exhibit 39 Darden to Rossi congratulating him on Rossi/Cook paper
== 0214.41 Exhibit 40 Rossi to Vaughn explaining that his attorney being CEO of JMP is a “guarantee.”
== 0214.42 Exhibit 41 Darden to Pike raising “picky issues,” 3/23/2015
03/23/2017 0215.0_Rossi_motion_to_strike expert testimony of Murray and Smith
== 0215.01_Exhibit_A Expert Disclosure of Joseph A. Murray
== 0215.02_Exhibit_B Expert Report of Rick A. Smith, P.E.
== 0215.03_Exhibit_C 5.6 MB file Full Deposition of Murray
== 0215.04_Exhibit_D 5.9 MB file Full Deposition of Smith
== 0215.05_Exhibit_E 2.6 MB file License Agreement
== 0215.06_Exhibit_F 2013 mails Rossi – Vaughn re Validation Test and ERV
03/23/2007 0216.0_Order denying Motions for Sanctions 167 and 194
03/23/2007 0217.0_Rossi_Appeal_of_Magistrate_Ruling re privilege
3/24/2017 0218.0_Order by Magistrate, redeposition of Cherokee and IPH, awarding costs to Rossi
03/24/2017 0219.0 (no document) PAPERLESS Minute Entry for proceedings held before Judge Cecilia M. Altonaga: Miscellaneous Hearing held on 3/24/2017. Total time in court: 1 hour(s) : 11 minutes. Attorney Appearance(s): Christopher Rebel Jude Pace, Christopher Martin Lomax, John William Annesser, II, Court Reporter: Stephanie McCarn, 305-523-5518 / Stephanie_McCarn@flsd.uscourts.gov. (cmz)
03/24/2017 0220.0 (no document) NOTICE of Hearing on [217] Plaintiff’s APPEAL of Magistrate Judge to District Court On Magistrate Judge O’Sullivan’s Ruling that document IH-00079768 Is A Privileged Communication: Hearing set for 2/28/2017 02:00 PM in Miami Division before Judge Cecilia M. Altonaga. (ps1)
03/24/2017 0221.0 (no document) CORRECTED PAPERLESS NOTICE of Hearing on [217] Plaintiff’s APPEAL of Magistrate Judge to District Court On Magistrate Judge O’Sullivan’s Ruling that document IH-00079768 Is A Privileged Communication: Hearing set for 3/28/2017 02:00 PM in Miami Division before Judge Cecilia M. Altonaga. (ps1)
03/24/2017 0222.0 (no document) clerk error?, see 223
03/24/2017 0223.0 (no document) Clerks Notice to Filer re [207] Supplemental MOTION for Summary Judgment [Statement of Material Facts]. Wrong Event Selected; ERROR – The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#222]. It is not necessary to refile this document. (lk)
03/24/2017 0224.0 (no document) TRANSCRIPT of Motion Hearing held on 3/14/2017 before Magistrate Judge John J. O’Sullivan, 1-55 pages, Court Reporter: Diane Miller, 561-514-3728 / Diane_Miller@flsd.uscourts.gov. (Digital 15:01:04.) Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/14/2017. Redacted Transcript Dead line set for 4/24/2017. Release of Transcript Restriction set for 6/22/2017. (dmr)
03/24/2017 0225.0_Order per Hearing [219], IH Appeal [184] granted. (re DRV atty-client privilege)
03/25/2017 0226.0_Rossi_Supplement_to_appeal [217] of Magistrate ruling re IH privileged document
== 0226.1_Attachment_1 Darden to Zalli and Uzi, previous 167.6
== 0226.2_Attachment_2 Motion for sanctions, previous 167.0
== 0226.3_Attachment_3 Deposition of Thomas Darden re lack of Ampenergo signature & GPT
== 0226.4_Attachment_4 transcript of Magistrate hearing 2/29/2017
== 0226.5_Attachment_5 transcript of Magistrate hearing 3/9/2017
03/25/2017 0227.0 (no document or description available, date assumed for sorting purposes)
03/27/2017 0228.0_IH_filing_notice exhibits for March 28 hearing (Rossi appeal of Magistrate’s order)
== 0228.1_Exhibit_A Darden testimony
== 0228.2_Exhibit_B Declaration of Uzi Shaya re Levi Declaration
== 0228.3_Exhibit_C copy of Zalli Jaffe’s biography
03/27/2017 0229.0 (no document) TRANSCRIPT of discovery hearing held on 2 23-2017 before Magistrate Judge John J. O’Sullivan, 1-29 pages, Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/17/2017. Redacted Transcript Deadline set for 4/27/2017. Release of Transcript Restriction set for 6/26/2017. (dwh)
03/28/2017 0230.0 (no document) PAPERLESS Minute Entry for proceedings held before Judge Cecilia M. Altonaga: Miscellaneous Hearing held on 3/28/2017. Total time in court: 36 minutes. Attorney Appearance(s): Christopher Rebel Jude Pace, Christopher Martin Lomax, John William Annesser, II, Brian W. Chaiken, Court Reporter: Stephanie McCarn, 305-523-5518 / Stephanie_McCarn@flsd.uscourts.gov. (cmz)
03/28/2017 0231.0_Order per ECF 230, denying 217, Rossi appeal of Magistrate ruling on privilege
03/29/2017 0232.0_Rossi_hearing_notice 4/20/2017, re motions for sanctions and remand of privilege finding
3/30/2017 0233.0_Rossi_response_to_IH_Motion_to_Exclude Rossi expert Wong (DE 197)
== 0233.1_Exhibit_A Expert disclosure of Murray (duplicates Rossi 0215.01_Exhibit_A)
== 0233.2_Exhibit_B Expert report of Smith (duplicates Rossi 0215.02_Exhibit_B)
== 0233.3_Exhibit_C Expert disclosure of Wong (duplicates IH 0197.01_Exhibit_1)
== 0233.4_Exhibit_D Deposition of Rick A. Smith (excerpt from Rossi 0215.04_Exhibit_D)
== 0233.5_Exhibit_E Deposition of Murray (excerpt from Rossi 0215.03_Exhibit_C)
3/31/2017 0234.0 TRANSCRIPT of Discovery Hearing Proceedings held on 3/23/2017 before Magistrate Judge John J. O’Sullivan, 1-100 pages, Court Reporter: Bonnie Joy Lewis, 954-985-8875. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/21/2017. Redacted Transcript Deadline set for 5/1/2017. Release of Transcript Restriction set for 6/29/2017.(apz)

Files 2017 April-June

04/03/2017 0235.0_IH_Opposition_to_Rossi_215 Motion to Strike and Exclude IH experts
== 0235.01_Exhibit_1 Smith expert report
== 0235.02_Exhibit_2 about Murray expert report
== 0235.03_Exhibit_3 IH request for access to Doral premises
== 0235.04_Exhibit_4 negotiations re access 3 MB file.
== 0235.05_Exhibit_5 Declaration of Smith re results of access to Doral
== 0235.06_Exhibit_6 Deposition of Rossi
== 0235.07_Exhibit_7 Deposition of Rossi
== 0235.08_Exhibit_8 Deposition of JMP represented by Rossi
== 0235.09_Exhibit_9 Murray — Supplemental documents
== 0235.10_Exhibit_10 Smith supplemental report 2 MB file.
== 0235.11_Exhibit_11 Composite: Murray/Darden/Fabiani/Vaughn/etc., July 2015 concerns 3 MB file.
== 0235.12_Exhibit_12 Disclosures of parties
== 0235.13_Exhibit_13 Deposition of Smith
== 0235.14_Exhibit_14 Deposition of Penon
== 0235.15_Exhibit_15 Deposition of T. Barker Dameron
04/04/2017 0236.0_IH_Opp_to_SOMF_214_Rossi MSJ
== 236-01 – Exhibit 1 Deposition for Cherokee by Fogleman
== 236-02 – Exhibit 2 Declaration of Darden
== 236-03 – Exhibit 3 Deposition of Darden 7 MB file
== 236-04 – Exhibit 4 Deposition for Ampenergo by Cassarino
== 236-05 – Exhibit 5 Deposition for Industrial Heat by Vaughn
== 236-06 – Exhibit 6 Deposition of Vaughn
== 236-07 – Exhibit 7 Notes from telephone conversations, Cassarino (Ampenergo)
== 236-08 – Exhibit 8 Deposition for IPH by Fogleman 4.9 MB file
== 236-09 – Exhibit 9 emails Darden and Rossi June 2015
== 236-10 – Exhibit 10 Term Sheet (signed Rossi, Vaughn, Johnson)
== 236-11 – Exhibit 11 IPH resp and obj to 1st Rossi interrog
== 236-12 – Exhibit 12 Rossi JONP (blog) posts
== 236-13 – Exhibit 13 Deposition for Leonardo by Rossi
== 236-14 – Exhibit 14 Leonardo Fed Inc tax returns 2012, 2013 15.9 MB file
== 236-15 – Exhibit 15 Deposition of Rossi
== 236-16 – Exhibit 16 Email Vaughn, Rossi 2013
== 236-17 – Exhibit 17 Deposition of Penon
== 236-18 – Exhibit 18 Email Penon to IH, first eval, May 2013
== 236-19 – Exhibit 19 Email Rossi – IH, 2012
== 236-20 – Exhibit 20 Agreement – Ampenergo and IH 2013 modifying 2012 Agmt
== 236-21 – Exhibit 21 Email Rossi, Vaughn, Cassarino, Boeing, 2014
== 236-22 – Exhibit 22 6 Cylinder Unit photos
== 236-23 – Exhibit 23 Rossi response to 1st IH Request for Admissions
== 236-24 – Exhibit 24 IH responses and obj to 2nd Rossi interrog
== 236-25 – Exhibit 25 Feb. 2016 Letter Pace to Annesser re license assignment 3.8 MB file
== 236-26 – Exhibit 26 Declaration of Pace, IH counsel, re 236-25
== 236-27 – Exhibit 27 IH journal entries payments to Rossi
== 236-28 – Exhibit 28 Rossi – Darden 2014 emails
== 236-29 – Exhibit 29 email July 2014 Darden-Cassarino-Vaughn-Mazzarino-Rossi
== 236-30 – Exhibit 30 deposition of Johnson
== 236-31 – Exhibit 31 Rossi 2014 emails to Darden and Vaughn re customer identity
== 236-32 – Exhibit 32 2014 emails Johnson-Vaughn, including signed OFAC declaration
== 236-33 – Exhibit 33 JMP deposition by Rossi
== 236-34 – Exhibit 34 deposition of Bass
== 236-35 – Exhibit 35 Rossi instructions to Johnson secretary
== 236-36 – Exhibit 36 deposition of Stokes
== 236-37 – Exhibit 37 Leonardo sublease Doral to JMP
== 236-38 – Exhibit 38 2015 emails Rossi-IH-Mazzarino et al-Johnson-Cassarino et al-Bass
== 236-39 – Exhibit 39 February 2015 emails Rossi-IH-J&D Pike
== 236-40 – Exhibit 40 Johnson to IH invoice requests – email Rossi – Johnson (Sauer)
== 236-41 – Exhibit 41 Bass business card as Director of Engineering for JMP
== 236-42 – Exhibit 42 Rossi instructions to Johnson re JMP address and invoice request
== 236-43 – Exhibit 43 Plant data – Penon report – handwritten temperature record 3.3 MB file
== 236-44 – Exhibit 44 deposition of Fabiani
== 236-45 – Exhibit 45 deposition of Murray
== 236-46 – Exhibit 46 email Feb 2016 Penon to IH – Expert Disclosure of Murray 2.5 MB file
== 236-47 – Exhibit 47 Florida Power & Light subpoena and data 3.6 MB file
== 236-48 – Exhibit 48 deposition of Dameron
== 236-49 – Exhibit 49 deposition of West
== 236-50 – Exhibit 50 emails Feb-Mar 2015 Rossi-Bass
== 236-51 – Exhibit 51 emails July 2015 Rossi-Vaughn re Murray visit etc
== 236-52 – Exhibit 52 2015 emails IH-Rossi-Johnson re proposed December plant visit
== 236-53 – Exhibit 53 Murray queries for Penon, original exhibit 5
== 236-54 – Exhibit 54 report of IH payments to USQL (Fabiani)
== 236-55 – Exhibit 55 certificate of good standing, Leonardo New Hampshire
04/04/2017 0237.0_IH_Opp_to_214_Rossi_MSJ
04/04/2017 0238.0_Rossi_Resp_to_203_207_IH_ MSJ exhibits continue from 214
== 238-01 – Exhibit 43 Incorporation Leonardo Florida 2010 1.9 MB file
== 238-02 – Exhibit 44 2013 email Rossi-IH re Validation Test
== 238-03 – Exhibit 45 deposition of Rossi
== 238-04 – Exhibit 46 affidavit of Rossi supporting opposition to IH MSJ
== 238-05 – Exhibit 47 deposition for IPH by Fogleman
== 238-06 – Exhibit 48 deposition of Vaughn
== 238-07 – Exhibit 49 2013 email Vaughn-Rossi re closing on $10 million payment
== 238-08 – Exhibit 50 deposition of Darden
== 238-09 – Exhibit 51 2014 radiation safety email to Darden
== 238-10 – Exhibit 52 deposition for Industrial Heat by Vaughn
== 238-11 – Exhibit 53 2014 emails Rossi-Darden re customer for plant power
== 238-12 – Exhibit 54 2013 emails Rossi-IH re Validation Test
== 238-13 – Exhibit 55 deposition for Ampenergo by Cassarino
== 238-14 – Exhibit 56 emails 2014 Rossi-IH re customer plan
== 238-15 – Exhibit 57 deposition of Johnson
== 238-16 – Exhibit 58 June 2014 email Rossi to IH and Joe Pike
== 238-17 – Exhibit 59 deposition for Leonardo by Rossi
== 238-18 – Exhibit 60 Term Sheet revision display
== 238-19 – Exhibit 61 Darden July 2014 email re Term Sheet
== 238-20 – Exhibit 62 Johnson OFAC declaration
== 238-21 – Exhibit 63 deposition of Barry West
== 238-22 – Exhibit 64 deposition for JMP by Rossi
== 238-23 – Exhibit 65 deposition of Penon
== 238-24 – Exhibit 66 expert disclosure of Wong
== 238-25 – Exhibit 67 test (by IH? 2014?) showing COP 4 2.1 MB file
== 238-26 – Exhibit 68 deposition of Mazzarino
== 238-27 – Exhibit 69 2013 Vaughn to Darden re 6 cylinder unit
== 238-28 – Exhibit 70 2014 IH internal mails re testing
== 238-29 – Exhibit 71 supplement to IH responses and obj to 1st Rossi interrog
04/05/2017 0239.0_3pDef_Motion_for_leave_to_file due to inadvertence, IH not opposed
04/05/2017 0240.0_Rossi_appeal_for_sanctions over alleged 30(b)(6) failure to instruct witness
04/05/2017 0241.0_Order_granting_0239 allowing 242
04/05/2017 0242.0_3pDef_Motion_for_Summary_Judgment (Partial)
== 242.1 Exhibit A deposition of Darden
== 242.2 Exhibit B deposition for IH by Vaughn
== 242.3 Exhibit C deposition of Mazzarino
== 242.4 Exhibit D deposition of Barry West
== 242.5 Exhibit E deposition of Bass 3.1 MB 
== 242.6 Exhibit F deposition of Vaughn
== 242.7 Exhibit G deposition of Murray
== 242.8 Exhibit H deposition of Penon
== 242.9 Exhibit I  deposition of Dameron
== 242.10 Exhibit J deposition of Johnson
== 242.11 Exhibit K airline record for Johnson from Rossi 7/28/2014
== 242.12 Exhibit L emails Sauer-Bass 9/2014
== 242.13 Exhibit M affidavit of Rossi re Fabiani and Bass
== 242.14 Exhibit N IH resp to 1st Rossi interrogatories
04/05/2017 0243.0 _3pDef_Opposition_to_IH_MSJ 203 & 207
== 243-01 – Exhibit A deposition of Darden excerpts
== 243-02 – Exhibit B deposition for IH by Vaughn excerpts
== 243-03 – Exhibit C  deposition of Mazzarino excerpts
== 243-04 – Exhibit D deposition of West excerpts
== 243-05 – Exhibit E  deposition of Bass excerpts 3.1 MB
== 243-06 – Exhibit F  deposition of Vaughn excerpts
== 243-07 – Exhibit G deposition of Murray excerpts
== 243-08 – Exhibit H deposition of Penon excerpts
== 243-09 – Exhibit I deposition of Dameron excerpts
== 243-10 – Exhibit J header says Johnson dep, actually OFAC draft
== 243-11 – Exhibit K Flight itinerary Rossi and Johnson 7/28/2014
== 243-12 – Exhibit L deposition of Dameron excerpts
== 243-13 – Exhibit M Affidavit of Rossi in support of 3pDef MSJ
== 243-14 – Exhibit N IH responses to 1st Rossi interrog excerpts
== 243-15 – Exhibit O deposition for IPH by Fogelman excerpts
04/05/2017 244_IH_Opp_to_3pDef_MSJ 242
04/05/2017 0245.0 _IH_ Opp_ to 3rdP_Statement_of_Fact
== 245-01 – Exhibit 1 License Agreement 10.5 MB
== 245-02 – Exhibit 2 Term Sheet – AACT Ex. 17, Complaint Ex. B 2.0 MB
== 245-03 – Exhibit 3 Email Rossi/IH drafts of Term Sheet
== 245-04 – Exhibit 4 from deposition of Darden 11.5 MB
== 245-05 – Exhibit 5 from deposition of Vaughn 17.5 MB
== 245-06 – Exhibit 6 from deposition of Rossi 10.5 MB
== 245-07 – Exhibit 7 from deposition of JMP by Rossi 15.2 MB
== 245-08 – Exhibit 8 from deposition of Johnson 34.8 MB
== 245-09 – Exhibit 9 incorporation J.M. Chemical Products, Inc.
== 245-10 – Exhibit 10 from deposition of Johnson 19.3 MB
== 245-11 – Exhibit 11 from deposition of Vaughn
== 245-12 – Exhibit 12 from deposition of Leonardo by Rossi 21 MB
== 245-13 – Exhibit 13 from deposition of Bass 11.1 MB
== 245-14 – Exhibit 14 from deposition of Murray 17.3 MB
== 245-15 – Exhibit 15 plant data and expert disclosure of Murray
== 245-16 – Exhibit 16 FPL data
== 245-17 – Exhibit 17 IH-USQL Agreement Sept. 2013
== 245-18 – Exhibit 18 from deposition of West 15.0 MB
== 245-19 – Exhibit 19 from deposition of Fabiani 19.0 MB
== 245-20 – Exhibit 20 from deposition of Penon 11.2 MB
== 245-21 – Exhibit 21 emails Rossi about customer, was AACT Ex. 16
== 245-22 – Exhibit 22 emails IH, Cassarino, Rossi
== 245-23 – Exhibit 23 OFAC signed by Johnson
== 245-24 – Exhibit 24 email Rossi to Matthey re purchase 3/22/2015
== 245-25 – Exhibit 25 declaration of Darden
== 245-26 – Exhibit 26 Doral sublease: Leonardo to JMP
== 245-27 – Exhibit 27 emails Rossi-IH February 2015
== 245-28 – Exhibit 28 February 2015 emails Rossi-IH
== 245-29 – Exhibit 29 February communications Rossi-Johnson
== 245-30 – Exhibit 30 Bass business card
== 245-31 – Exhibit 31 deposition of Stokes 5.8 MB
== 245-32 – Exhibit 32 Rossi-Johnson emails
== 245-33 – Exhibit 33 Rossi-Bass emails
== 245-34 – Exhibit 34 July 2015 Rossi: Murray “cannot enter.”
== 245-35 – Exhibit 35 Vaughn to Johnson & Rossi about December visit, Johnson reply
== 245-36 – Exhibit 36 Murray questions for Penon, AACT Exhibit 5
== 245-37 – Exhibit 37 Fabiani-IH correspondence, February-April 2016 (AACT Ex. 21) 3.6 MB
== 245-38 – Exhibit 38 Murray to Fabiani April 2016
== 245-39 – Exhibit 39 Murray-Fabiani April-May 2016
== 245-40 – Exhibit 40 Fabiani-Murray April 2016
== 245-41 – Exhibit 41 IH Leonardo and USQL payments
== 245-42 – Exhibit 42 Declaration of Vaughn
04/06/2017 0246.0_Order_re_Rossi_appeal denying 240
04/06/2017 0247.0_IH_supp_207_MSJ previously filed under seal
== 247-01 – Exhibit 22 Cassarino (AEG) handwritten notes
== 247-02 – Exhibit 30 IH payments to Rossi and AEG
== 247-03 – Exhibit 31 2012 Tax Return Leonardo EID 90-0780933 2.9 MB
== 247-04 – Exhibit 32 2013 Amended return Leonardo EID 90-0780933 12.3 MB
== 247-05 – Exhibit 33 Rossi Personal Tax Return 1040NR 2013
04/06/2017 0248.0_IH_reply_Rossi_233_Opp_197 re IH motion to exclude Wong
== 248-1_Exhibit_1 Expert disclosure of Wong 2.9 MB
== 248-2_Exhibit_2 deposition of Wong
== 248-3_Exhibit_3 deposition for Leonardo by Rossi
== 248-4_Exhibit_4 deposition of Rossi
== 248-5_Exhibit_5 deposition for JMP by Rossi
== 248-6_Exhibit_6 supplemental expert report of Smith 2.1 MB
04/11/2017 0249.0_IH_amended_hearing_notice Magistrate 4/20 various topics
04/11/2017 0250.0_Rossi_notice_of_hearing add-on 4/20 re IH privilege claim (Zalli)
04/11/2017 0251.0_Missing_exhibit_from_207
== 251-01 – Exhibit 23 (0207.23 was blank) Declaration of Vaughn
04/11/2017 0252.0_Rossi_reply_re_MTS-Exclude
== 252-01 – Exhibit A Annesser to Pace 12/14/3015
== 252-02 – Exhibit B from Murray deposition
== 252-03 – Exhibit C expert disclosure of Murray
== 252-04 – Exhibit D expert report of Smith
== 252-05 – Exhibit E supplemental expert report of Smith 2.0 MB
== 252-06 – Exhibit F from deposition of Smith
04/11/2017 0253.0_IH_reply_to_Rossi_opp_to_MSJ
== 253-01 – Exhibit 1  Italian law
== 253-02 – Exhibit 2 from Darden deposition
== 253-03 – Exhibit 3 from deposition for IPH by Fogleman
04/11/2017 0254.0_Rossi_reply_re_R_MSJ
== 254-1 Exhibit A from deposition for IH by Vaughn
== 254-2 Exhibit B from deposition of Vaughn
== 254-3 Exhibit C from deposition of Vaughn
== 254-4 Exhibit D from deposition of Vaughn
== 254-5 Exhibit E from deposition of Darden
== 254-6 Exhibit F from deposition of Murray
04/12/2017 0255.0_3PD_reply_re_Opp_245
04/12/2017 0256.0_3PD_reply_supp_236_MSJ
== 256-01 – Exhibit 1 deposition for JMP by Rossi 15.2 MB file
== 256-02 – Exhibit 2 deposition of Darden 11.5 MB file
== 256-03 – Exhibit 3 deposition of Johnson 35.8 MB file
== 256-04 – Exhibit 4 deposition of Bass 11.1 MB file OCR of pp 110-121
== 256-05 – Exhibit 5 deposition of Vaughn 17.5 MB file
== 256-06 – Exhibit 6 deposition of Murray 17.3 MB file
== 256-07 – Exhibit 7 deposition for Ampenergo by Cassarino
04/13/2017 0257.0_Rossi_Motion_for_time — two weeks, from April 18 to May 2.
== 257-1 Proposed order
4/13/2017 0258.0_Rossi_amended_M_for_time
== 258-01_Proposed_order
4/13/2017 0259.0_IH_resp_Rossi_Mf time
== 259-01_Hearing_transcript
04/14/2017 0260.0_Order_extending_time to May 2, but not for motions in limine
04/18/2017 0261.0_Magistrate_Order from discovery hearing March 23
04/18/2017 0262.0_Rossi_motion_to_exclude (in limine)
== 262-01 Exhibit 1 Deposition for Industrial Heat by Vaughn
== 262-02 Exhibit 2 First Amendment to License Agreement
== 262-03 Exhibit 3 Email 2013 Rossi-IH re Validation Test ERV
== 262-04 Exhibit 4 DRV 2013 memo re Validation Test
== 262-05 Exhibit 5 Deposition of Darden
== 262-06 Exhibit 6 Penon Validation Test report
== 262-07 Exhibit 7 Deposition of Vaughn
== 262-08 Exhibit 8 Expert Report of Smith
== 262-09 Exhibit 9  Email Rossi to IH at startup of Doral power delivery
== 262-10 Exhibit 10 Deposition of Murray
== 262-11 Exhibit 11 Deposition of Fogleman
04/18/2017 0263.0_Johnson-Bass_Motion_to_exclude
04/18/2017 0264.0_IH_Motion_to_Exclude re spoliation
== 264-01 – Exhibit 1 Deposition of Rossi 4.2 MB
== 264-02 – Exhibit 2 Expert Report of Smith
== 264-03 – Exhibit 3 Deposition of Dameron
== 264-04 – Exhibit 4 Deposition for JMP by Rossi
== 264-05 – Exhibit 5 “What is a Megawatt?” from nrc.gov
== 264-06 – Exhibit 6 Expert Disclosure of Murray
== 264-07 – Exhibit 7 Deposition of Wong
== 264-08 – Exhibit 8 Deposition for JMP by Rossi
== 264-09 – Exhibit 9 Deposition of Penon
== 264-10 – Exhibit 10 Deposition of Fabiani
== 264-11 – Exhibit 11 IH-USQL Agreement 2013 3.8 MB
== 264-12 – Exhibit 12 8/2015 letter from Rossi to IH, 12/2015 reply Jones Day for IPH
== 264-13 – Exhibit 13 12/9/015 mail IH-Rossi/JMP re proposed 12/2015 visit, Johnson reply
== 264-14 – Exhibit 14 12/2017 mail Annesser (Rossi) to Pace (IH) re dispute and anticip. breach
== 264-15 – Exhibit 15 Declaration of Vaughn
== 264-17 – Exhibit 17 Rossi JONP posts April 6-18, 2017
== 264-18 – Exhibit 18 Penon Final Report 7.9 MB
== 264-19 – Exhibit 19 Deposition of Murray
== 264-20 – Exhibit 20 Deposition of Darden
04/19/2017 0265.0_IH_hearing_notice before Magistrate 4/20
04/20/2017 0266.0_Order hearing 4/20 denying motions, req. new 30(b)(6) IPH/Cherokee depositions
4/21/2017 00267.0 (no doc)  minutes Discovery Hearing Fri 10:40 AM

PAPERLESS Minute Entry for proceedings held before Magistrate Judge John J. O’Sullivan: Discovery Hearing held on 4/20/2017. Total time in court: 2 hour(s) : 30 minutes. Attorney Appearance(s): Francisco J Leon de la Barra, Christopher Rebel Jude Pace, Erika Stephanie Handelson, Christopher Martin Lomax, John William Annesser, II, Robert Bernstein. (Digital 15:02:08) (cg1)

4/21/2017 00268.0 (no doc) Notice of Hearing on Motion Fri 11:44 AM

PAPERLESS NOTICE of Hearing on 262 Plaintiff’s MOTION in Limine, 264 Defendant’s MOTION in Limine, 197 MOTION to Exclude The Opinions and Testimony of Dr. K. Wong, 263 MOTION in Limine: Motion Hearing set for 5/23/2017 10:00 AM in Miami Division before Judge Cecilia M. Altonaga. (ps1)

4/21/2017 00269.0 (no doc) Clerk’s Notice (Other) Fri 2:48 PM

CLERK’S NOTICE re 268 PAPERLESS NOTICE of Hearing; hearing on 197 MOTION to Exclude The Opinions and Testimony of Dr. K. Wong set in error; the only motions scheduled for this hearing are docket entries 262, 263, and 264. (ps1)

Neutral analysis links

IH Answer Merge with Rossi Claims
Rossi Answer Merge with IH claims
Rossi v. Darden cast of characters
Study of 207:IH Statement of material fact supporting MSJ (temporarily includes Abd analysis and opinion)

Discussion and opinion links

This blog Rossi v. Darden category

Credits

Many files were originally downloaded from PACER by Eric Walker of LENR Forum.
User can on LENR-forum has supplied some OCR translation of files.
Various donations received for expenses have been greatly appreciated. (just one filing can cost $100 to download from PACER, though most are much less expensive). Infusion Institute, Inc., has supported this work, thanks to a 2014 gift from the Anthropocene Institute.
If I have missed anyone (I think I have), please mention it!

19 thoughts on “Rossi v. Darden docket and case files”

  1. Abd, you get a lot of flak, but this is by far the most useful and pertinent information about the case that I’ve ever seen posted anywhere. Thank you for your service.

    1. Thanks. This page is, hopefully, neutral and only summarizes the files, a little, in the annotation. There is much more information and analysis of specific pages on blog posts here, see the Rossi v. Darden category. Those are not neutral, but comments are welcome and corrections are specifically invited. I make mistakes. Welcome to coldfusioncommunity.net.

    2. Thanks. In my training, they said, “If you are not being shot at, you are not doing anything worth wasting bullets on.”

    1. Only on Planet Rossi is it necessary to explain the obvious, because of the strong tinfoil-hat conspiracy bent. I think it’s obvious, if one is following this blog. It means “this blog,” the collection of people supporting it. Because there is at present only one registered account with author privileges besides me, it is the royal “we.” It means Abd, but not only that, because this blog is intended as a community project and the page is intended to be permanent. On LENR forum, I once used “us” to mean “me and those who agree on this point,” and that was then attacked as indicating that I was speaking for IH.

      No, the first to have case documents are the parties, they get them immediately, by email, because they are on the distribution list. NO party is providing me with documents, I get them from PACER — I pay for them — or sometimes from Eric Walker, who also gets them from PACER.

      I don’t think that the mention of “us” above is sufficiently unclear to require an edit, but if anyone disagrees, comment here remains welcome. Planet Rossi or not. At this point, I am responsible for this blog; that will shift as others choose to become involved.

      It’s fun to create useful pages. What I discovered years ago, on Wikiversity, was that many would complain over and over that web resources (like the Wikipedia article on cold fusion) were horrible, but very few would do the work to improve them. This is typical of human society at present, outside of those working to transform it. We want someone else to straighten up and fly right, while we sit at home watching media and eating potato chips, getting fat and stupid.

  2. Thank you for this great resource. It is much appreciated. I am looking for pages 278 to 293 of the Rossi deposition where he talks about the heat exchanger, yet there seems to be a gap in the documentation. Is that because the court felt that was to sensitive to be released or is there another reason, like I am looking in the wrong place? I searched composite exhibit 6, exhibit 6, exhibit 13, exhibit 45, composite exhibit 15 and others. What am I missing.

    1. Point to exactly where you found a reference to those pages, or exactly quote it. Because the pdfs are often image, not text, they cannot be easily searched. (If someone wants to do the OCR, that would be fantastic!) First of all, exhibit numbers without the document numbers can be useless. There must be dozens of “Exhibit 6” files. As well, there are many copies of the three Rossi depositions, being various excerpts. While there are a few complete depositions, most are just selected pages. Yes, in some cases, material may have been redacted, but I don’t think that’s the problem you are facing. I will look around a little.

      Google search does work reasonably well on this blog, using the search facility from any regular post page. However, the information above doesn’t turn up what you are looking for, so I’m suspecting there is some error. I could look for all Rossi depositions (because those would be deposition pages), but help me out here.

      1. Thank you for affirming that there are only three Rossi deposition documents. I thought I may have missed something. I was looking for page 278 to 293 of document 245-12 exhibit 12 from deposition of Leonardo Rossi. But from comments of THH it appears the court has not released that information.

        1. There are three Rossi depositions, but many more than that as documents. If you did what I asked — show me why you are looking for that particular page, was it cited somewhere? — I might be able to find it. If you cite your source, or quote it exactly, then I am more likely to find the original or identify an error. The court does not generally decide what to release, the parties do. There is an exception of something is filed under seal. If a document is redacted, this will generally show, but clerks also make mistakes, like anyone.

          245-12 is a corporate deposition for Leonardo Corp, represented by Rossi. 245 is an IH presentation for a particular purpose, and they highlight testimony of interest. They show pp 274-277 because of one highlighted element, and skip then to 294-297, thus the pages you are looking for seem missing. However, they simply did not present them. The raw depositions are enormous documents.

          245-12 is not the only copy of that deposition. For example, == 248-3_Exhibit_3 deposition for Leonardo by Rossi could have the pages, if a party decides to include them. Many of these depositions are marked confidential, and they may not be disclosed without permission or legal necessity. I could look at the covering documents, that cite the exhibits, and see if there is a citation. But you could also do this. Again, if you are looking for those pages merely because they are “missing,” that would be meaningless. Most pages in most deposition exhibits are “missing.” We have only a few complete depositions. When I have time, I may create a deposition index, and show what pages are given and where. But not yet. I now have enough work to keep my busy until the trial. It is possible that the Judge will review and make decisions before I complete my own analysis. On the other hand, this is truly a complicated mess, and I’m told that she is very likely to require the parties to get it together and organize accepted fact and then contested fact, and that there will probably be a hearing before she rules on the MSJs.

          1. I think you have done a great job with this site. 248-3_exhibit_3 does not have the missing pages. I am looking for those pages because I am curious what Rossi said about the heat exchanger and not because it was cited somewhere. I will keep looking but it appears those pages were not of interest to somebody. Thanks for your help.

    2. Hi GGK!

      The published documents are often those excerpts from depositions referenced by the various parties. That is true of much of the deposition evidence – Abd will say if/where we get the complete depositions. You get the whole page of any such excerpt, and sometimes it can be a lot of a deposition, but there are always gaps.

      One of the consequences of this to beware of is that we get selected views of the evidence, and the whole thing can often cast a different slant on a matter.

        1. GGK, I think what you could do is search this page for ‘Rossi’ and then go into every document that contains a deposition of Rossi for Leonardo and Rossi for JM Products. And then if you don’t find more details, you could try plain vanilla Rossi depositions. The depositions only started being released beginning on March 22.

          1. We are not likely to see much more. The MSJs should be the strongest arguments, based on clear fact or uncontroverted testimony. I find most of the case to be already transparant on that. However, if people are looking for extensive details of the technology, that is mostly moot in the case and I don’t expect to find much on it. Someone could go through all the depositions and documents relating to the alleged heat exchanger and create something useful. If this blog is limited to what I have time for, it will not be as powerful as it could be. I’m working on http://coldfusioncommunity.net/rvd-study-of-207ih-statement-of-material-fact-supporting-msj/ — and this is just a beginning, I would pull in and consider the 3rd party responses to IH’s MSJ, and then the replies. The idea was to create a study resource that allows thorough examination of the claims; the court documents themselves are not designed to facilitate study like that.

            The idea is not to prove some position. That’s what the parties do, and if we want to learn, we will attend to their claims, seek to understand them, and compare them with the evidence. Most of us just want to know, most of the time, the Answers. That is not how we gain wisdom.

            Doing these studies gives me a grasp of the case that becomes intuitive. This is how I learn, how I have learned for many years, how I learned Arabic, years ago, how I learned enough about cold fusion, in a few years, to be able to recognize the salient issues and to write a paper accepted by experts. If someone writes a study (like one of the Rossi Heat Exchanger), they will learn. Key is to focus first and foremost on gathering fact and claims and points of view.

      1. Yes. Now, we could scour the incomplete evidence we have, attempting to draw conclusions from it. That’s normal, very human. However, the legal process does something different, at least in the U.S. The parties present evidence and argument, and then the judge considers issues of law, and, as well, in motions for summary judgment, makes a decision as to factual interpretations, but this should be minimal That is, the Judge can decide that certain alleged facts are clear enough, and without substantial contradiction. to be accepted as fact for possible speedy resolution. Other than that, the finder of fact is the jury. They review only what the parties have presented and what has been accepted as admissible evidence by the Judge. Given the enormous volume of data that has been dumped into the record, and now it is attested evidence, generally admissible, efficiency of analysis dictates to me that I study the presentations of the parties and compare them, as the judge will do. I’ve started that process with this page. That page began as a neutral page, but now contains distinguished personal commentary. If anyone wants a neutral version to be hosted, just ask, I would just take out the personal comments, but right now, this is more efficent for me, to review as I add the Rossi responses. And then there will be the replies and responses, but we are getting there. I know that from looking at all this, the facts of the case become quite clear. Rossi is mostly playing with alternatives, complicating possibilities, not clear fact. He is arguing against plain fact, instead of confirming it and then adding additional facts if needed. What I don’t know if his “disputes” are normal legal practice where he wants to add something, but it looks really bad.

        Example: The Agreement was between IH, Rossi, AEG, and Leonardo Corporation, the New Hampshire corporation. Rossi disputes this, though it is completely and totally obvious from the document, and what Rossi presents as if it was contrary evidence is not. Leonardo Florida was formed in 2010, before the Agreement. So what? The Agreement was not with Leonardo (FL). Rossi’s argument is that the NH corp was merged with the FL corp, and that therefore the FL corp became the party to the agreement. That, however, would be, if true, a later event, not altering the fact that the Agreement was with LC NH and not LC FL. There may be evidence somewhere of merger, but there is also contrary evidence, the fact that LC NH still exists as a corporation. There is also a detail of ownership, NH being owned by Rossi, and FL not. However, Rossi then disputes the claim about FL ownership. But his dispute is a too-typical piece of confusion. (and Rossi was himself confused when deposed, but cites his own confusion as if it were evidence of other than his being confused). LC FL is owned entirely by Florida Energy Trust. Rossi claims that he is the beneficial owner of FET. That may well be true, but this is a distinct ownership, with distinct tax implications, etc. Rossi has thrived for years on confusion, promoted by vague statements intended to be read in a way, and then later shifted to mean something else. That is not going to fly in court.

  3. Abd (or others)

    Is it common for both sides in a dispute to ask for summary judgement in their favour on every single point? You’d think that given the high hurdle for such settlement many points would be at least from one side obviously not suitable…

    1. If a summary judgment motion is being presented, I would think that it would be common to include all counts. Without that, a trial would be necessary, and the goal of summary judgment is to avoid an unnecessary trial. However, I would think that including weakly supported and unnecessary counts would be avoided, because of a danger of creating judicial inertia. Once a judge sees inappropriate and overstated argument, she might dismiss it, and then throw the baby out with the bathwater. I have not yet reviewed all the arguments on the MSJs enough to conclude that they are inappropriate in part or in whole. I’m still going over the Statement of Material Facts from IH with the Rossi reply. I see Rossi, there, arguing moot points, but until I look at how he uses his responses, I won’t know just how moot.

      The Motion for more Time, just filed day before yesterday and amended today, and the IH response, shows the style of the Rossi attorneys as pugnacious and non-cooperative, unnecessarily so. Rossi has a basis for requesting more time, but instead of simply stating the needs behind the request, Annesser attempts to blame IH for the delay, casting the 30(b)(6) shortcoming as deliberate, and then the IH refusal to accept the unnecessarily large (according to IH) scope of the depositions as an arbitrary refusal. This was unnecessary and counterproductive squabbling.

      It was not lying, rather these were interpretive choices made by Annesser (presumably). This is an attorney who sees his job as fighting tenaciously for the client’s position, instead of creating cooperation and collaboration toward common goals. In civil matters, this is poison.

      I have speculated that the gross errors made by Rossi counsel were created by Rossi insistence. However, it is also possible that Annesser intensified the rift between IH and Rossi and encouraged him to file suit. See Fanning the flames.

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