Yesterday, a blizzard of paper hit the docket, the last one (203) at 11:59 PM. We can now see more of the IH case, but my first impression of the IH Motion for Summary Judgment: I’m disappointed. Far too much of it is focused on weaker points, and … I see no reference to the lack of signed agreement to the GPT, as required clearly by the Second Amendment to the Agreement. This was the strongest point available, as far as I can tell. Rather, they focus more on the signature difficulties with the Second Agreement itself, a point which can be defeated by estoppel far more easily.
On the other hand, now we know what Rossi is claiming happened with the heat. Naturally, he lied about it on JONP, but Planet Rossi will easily forgive that. Think of the children with cancer! Nobody’s perfect!
We know it now because of the IH Motion to exclude the testimony of the Rossi expert. This expert explained that a heat exchanger in the second story of the “JMP warehouse” could have dissipated the heat, and that heat was conducted there by piping. How does he know? Rossi told him.
There is also an IH motion to sanction Rossi and third-party defendants Fabiani and Johnson for spoliation of evidence. That heat exchanger? Completely removed by Rossi et al, along with the piping for the reactor connections with the customer area. When the experts visited the Plant, nothing was there but some small pellets, Wabbit droppings, apparently, glowing with a mysterious blue light.
As well, according to IH, Fabiani destroyed all his evidentiary records and emails, and so did Rossi. Who needs this old trash? Besides, hard drive space is expensive.
I have not yet obtained the exhibits supporting the IH claims.
While IH apparently filed a motion to seal, they then filed a redacted version without waiting. The table of contents shows it as 30 pages, perhaps, but the PDF is 39 pages. Altonaga didn’t say anything about the cover, roman numerals, i through vi, and then there were two pages for the signature and statement of service. It’s squeaking, but seems to have stayed within the limit.
Rossi filed a motion to seal (1) MOTION FOR PARTIAL SUMMARY JUDGMENT AND (2) DAUBERT MOTION TO STRIKE AND EXCLUDE DEFENDANTS’ EXPERTS WITH ATTACHED EXHIBITS
Johnson, Fabiani, and Bass filed a motion to seal THE COMBINED MOTION FOR PARTIAL SUMMARY JUDGMENT which does not appear to have an attached proposed order…. details, details, so many details. Altonaga might just deny it anyway, from past practice.
There is also a hearing today with IH claims about discovery problems. The notice was amended with additional issues.
5 thoughts on “Wabbit! A hidden heat exchanger! That explains everything!”
Well indeed. I can’t tell quite what is Rossi cleverness and what will break, but since there was not 1MW or anything more than 20kW or so, something will break. So following up all these details is interesting because it can catch out Rossi’s misdirection and maybe even direct lies – though he is very careful.
Whether that is a good strategy for the legal case I’m less sure. You can end up in things a Jury (and even sometimes a judge) does not understand and a stalemate.
Rossi’s evidence 194.03 talks about the heat exchanger, how the piping was removed. But the fans were left in the warehouse 2nd floor.
From Rossi’s deposition:
BY MR. PACE:
10 Q. And what happened to the fans?
11 A. The fans are still there.
12 Q. The fans are still in the warehouse?
13 A. Yeah.
14 Q. And what happened to the cylinders?
15 A. The cylinders have been — I have used
16 them for other things. I have recovered them for
17 other things
I’d like to know the rating of those fans. For 1MW vented you would need a total 13m^3/s or roughly 50,000m^3/hour (making the very unrealistic assumption that you can get 70C temperature rise on the vented air – it cannot be more than 100C out).
I’d also like Rossi’s evidence for when and where he bought them, since he is quite capable of putting a few fans in an appropriate place after working out that a second floor heat exchanger is needed.
Would not the exchangers “thicken the plot” though? Specifically if they were 10-12 feet higher (second floor) and many meters away, that transporting the steam that far would have required higher pressure. Most likely higher temperature as well to keep it steam. The much discussed “exit” pipe would then probably need to be even larger, so one can pick any number of issues this new component would probably introduce.
Higher pressure -> higher temp required for phase change -> compared to the “recorded” temp and pressure?
Longer distance -> More issues moving the volume -> larger piping required?
The introduction of this system might introduce more problems than it solves for the eCat working!
It’s interesting that Rossi has chosen a heat-exchanger as the valid way of explaining where the heat went. This would of course have been visible on an IR survey and indeed “visible from space” as Dewey put it. It would also have been visible as a heat-plume to the naked eye, with a lot of heat-shimmer above the building, especially at night when there was no sun heating the roof up.
It’s very public-spirited of Rossi to clean up after himself so thoroughly. I’ll read the various papers later in the evening and see what evidence remains.
The Rossi explanation validates the concern, and the Rossi expert validated the concern. Yes, the heat would be fatal. But if the heat exchanger were built, then it could handle the heat, and that is probably true. If it were built. But why would it be moved to the 2nd floor? Why would it be hidden? Why all the extra piping? Apparently it has been acknowledged, if IH isn’t just blowing smoke, that the “customer” was not real, that Rossi was fully in charge of JM Products. Why not handle the heat close to the reactor?
I could answer that: easy: this is how Rossi does things!
Yeah, if IH did do an IR survey, they’d see that heat, easily. So far, that is just a rumor through Dewey Weaver. Rossi would know by now if they did such a survey.