Tuesday, December 06, 2016 10:26:47 AM
https://www.scribd.com/document/333411624/Motion-to-Abate-SFRX-v-Volentine
3. The testimony of Kyle Kennedy at the April 7, 2016 hearing was either an intentional misrepresentation or, giving Mr. Kennedy all benefit of the doubt, a serious mistake. And it was the misrepresentation or mistake by Mr. Kennedy that caused or substantially contributed to the Court’s award of attorney’s fees in favor of Plaintiff.
5. There were other misrepresentations or mistakes made in the presentation of evidence by the Plaintiffs at the April 7, 2016, as evidenced by Plaintiff’s Notice by Counsel of Correction, filed on October 18, 2016 (more than 6 months after the hearing) in which Plaintiff’s counsel stated:
3. A review of the source of those matters made by Counsel on this day
showed that the matters included were mislabeled by the undersigned
Counsel as being from Investorshub, when they actually had been sent
to counsel in July 2015 by the source of information, Gregory J. Petrakis. Mr. Petrakis had communicated to Counsel that such posts of messages to a third party by Volentine had actually been from Facebook sources. Counsel did not review the emails from Mr. Petrakis providing these matters to counsel when the Exhibit was prepared and filed later in 2015. Counsel mistakenly placed in the “Note” that the matters had been posted through Investorshub. In either situation, the Defendant violated the injunction conditions no matter where such material and how it was placed to third parties. That is no excuse for Counsel not rechecking the source of the matters, but is simply a comment that it was not necessary to show that the comments or communications were through Investorshub in order to prove violation of the injunction, thus there was no nefarious intent at all.
4. Such was not done to mislead the Court in any fashion, and Counsel is
presenting this filing to state such to the Court when the matter was realized this day. (Emphasis added).
6. It should be noted that the error described by Plaintiff’s counsel on October 18, 2016, was pointed out to the Plaintiff in Defendant’s pleadings many months earlier.
Huffman's a real POS.
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