Hearing transcripts are available to the public 90 days after the hearings, and I just downloaded two. These give a glimpse of the attorneys in action, and also the judges.
Here is all of them that we have so far, with the judge presiding:
09/16/2016 0048.0_Hearing_transcript O’Sullivan
12/05/2016 0084.0_Motion_hearing_and_status_conference Altonaga
12/09/2016 0088-0 Hearing transcript (no access) Duplicate of DE 84.
12/28/2016 0097.0 Transcript of Magistrate Hearing O’Sullivan
01/10/2017 0106.0 Hearing Transcript
There are some quite interesting discussions, you get to watch attorneys make mistakes, and we find that Rossi was wearing a wig — a “piece on his head,” — December 28.
From the January 10 hearing, we find that Fabiani’s story of being rejected by Rossi was … ah, maybe not entirely consistent with fact. According to his attorney, he was still working with Rossi.
16 THE COURT: I mean, why are we arguing — if he’s off
17 the project and he doesn’t have anything, then we don’t have to
18 worry about anything after February 2016 because he went to
19 Russia and he’s doing something else.
20 MR. NUNEZ: Well, he’s off the project, he’s off the
21 project, he’s doing something else, but he hasn’t stopped
22 working with Mr. Rossi. And they continued some relationship
23 with regard to E-Cat, E-Cat development, it’s my understanding,
24 and to the extent that those documents and any work that he’s
25 done for Rossi after February 2016 are not relevant to this
Mr. Nunez may not be clear that further “E-Cat development” would clearly be relevant to the lawsuit. That was covered by the Agreement between IH and Rossi.
And it is represented that Johnson requested that the Plant be restarted
12 . . . that scam didn’t end on February 2016. They continued it
13 afterwards. In fact, Mr. Johnson sent a letter to me or — I’m
14 sorry, to Industrial Heat saying — in April of 2016 saying
15 “hey, we want this plant to be re-started”, and we called their
16 bluff on it and said “okay, we’ll re-start the plant”, and then
17 they came back and said “oh no, you know, there’s — you know,
18 Rossi and Leonardo are saying there’s a dispute between the
19 parties so we can’t really go forward with opening the plant.”
This is downright weird. It makes little sense. “We” here would presumably be JMP, so Johnson is still pretending that there is production, needing power. In fact, JMP was entirely operated by Rossi, even though he might have had some hat that said “JMP” on it, and another with “Leonardo.” So why did Johnson make that request? I can only imagine that Rossi asked him to do it, quite for what Pacer thinks, perhaps to set up some violation of the Term Sheet. We have not seen, to my knowledge, this mail from Johnson, but it would be strong evidence of Johnson’s continued participation in the pretense of an independent customer, even into April. The $89 million payment receivable was triggered by the ERV report on March 29, 2016, that payment was to be due 5 working days after the receipt of the report. Assuming receipt the same day, the payment was then due April 5. The suit was filed that day, even though the payment was not yet past due. But Rossi knew they were not going to pay. I have not seen a copy of that Johnson letter nor the IH response.