Greenshift Corporation (GERS)

[nobody12378]

Had our second conversation with the Federal Circuit Clerk of Court this morning (202-275-8000).

1) Clerk saw nothing new (different from our conversation on Friday).
2) If something had been filed May 19 by the close of business the clerk would know (have access to it).
3) No filing of any kind May 19th for case# 17-1832
4) Documented stay of appeal until June 2nd.
5) Should the mediation prove unsuccessful, the parties will submit a briefing schedule for the Court’s approval by May 19, 2017. Operative words WILL and BY. https://drive.google.com/file/d/0B_ch8gAs4lCcUDkyYjB1RjNLU0k/view
6) C&C and all the defendants did not FORGET about the obligation to file a briefing schedule if the "mediation prove[d] unsuccessful" by May 19th.
7) C&C AND the defendants jointly filed a request for the stay until June 2 and stated that if the mediation was unsuccessful they WILL file BY May 19th.
8) The appeal is dismissed if deadlines are missed https://www.law.cornell.edu/rules/frap/rule_31 (Failure to File. If an appellant fails to file a brief within the time provided by this rule, or within an extended time, an appellee may move to dismiss the appeal. An appellee who fails to file a brief will not be heard at oral argument unless the court grants permission.)
9) C&C would not allow the appeal to be dismissed in this way.
10) Logic dictates that a settlement is much more likely than not.
11) When concluded, at a minimum, a SEC Form 8K will announce the settlement to the investing world.https://www.sec.gov/fast-answers/answersform8khtm.html