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.