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Interesting...
"IF they purchased the options for the 3m shares that the related press release suggested was evidence of their confidence in the company;"
I feel something serious should happen to them if those options for 3 million shares weren't actually purchased by them as that release claimed ! Totally not cool to anyone who bought because of that news and it didn't actually happen.
I am using process servers. It cost me almost $400 to have the Faro's served. Because Faro was served on Friday he has until the 11th to respond to the Order to Show Cause issued by the Court to argue why the Court should not order that he can not sell or otherwise transfer the patents. If the Court does order that it wont matter how long it takes to serve Bret because Faro will be prevented from selling or transferring his interest in the patents and its doubtful that anyone would be interested in acquiring just Bret's interest.
Although some have suggested that this litigation will be drawn out as you can see the Court has given them just 10 days to respond to the OTSC. While I expect they will file a motion to dismiss the action it is unlikely that a court dismisses an action prior to discovery ie interrogatories, depositions, etc being conducted. I am not sure how Faro would expose himself to discovery where he and his father will have to explain how they accepted and served as directors while the company was voided by Delaware; how it knew or should have known the company had not filed with Delaware since 2015; if they purchased the options for the 3m shares that the related press release suggested was evidence of their confidence in the company; if they resigned as directors and if so why they didn't announce it as required by SEC regulations; did they participate in any director meetings and if not what efforts did they take to compel Bret to call meetings; why during their directorships were there no shareholder meetings conducted, and what knowledge did they have about the alleged FDA and SEC investigations during COVID which it was reported was the reason for the lack of any progress during that time. In short, not only did the Faro's do anything to protect the shareholders they sat back, patted Bret on the back and allowed him to defraud them. Not sure if proven before the Court how the penalty would not include the assignment of the patents to the company / shareholders.
I am using process servers. It cost me almost $400 to have the Faro's served. Because Faro was served on Friday he has until the 11th to respond to the Order to Show Cause issued by the Court to argue why the Court should not order that he can not sell or otherwise transfer the patents. If the Court does order that it wont matter how long it takes to serve Bret because Faro will be prevented from selling or transferring his interest in the patents and its doubtful that anyone would be interested in acquiring just Bret's interest.
Although some have suggested that this litigation will be drawn out as you can see the Court has given them just 10 days to respond to the OTSC. While I expect they will file a motion to dismiss the action it is unlikely that a court dismisses an action prior to discovery ie interrogatories, depositions, etc being conducted. I am not sure how Faro would expose himself to discovery where he and his father will have to explain how they accepted and served as directors while the company was voided by Delaware; how it knew or should have known the company had not filed with Delaware since 2015; if they purchased the options for the 3m shares that the related press release suggested was evidence of their confidence in the company; if they resigned as directors and if so why they didn't announce it as required by SEC regulations; did they participate in any director meetings and if not what efforts did they take to compel Bret to call meetings; why during their directorships were there no shareholder meetings conducted, and what knowledge did they have about the alleged FDA and SEC investigations during COVID which it was reported was the reason for the lack of any progress during that time. In short, not only did the Faro's do anything to protect the shareholders they sat back, patted Bret on the back and allowed him to defraud them. Not sure if proven before the Court how the penalty would not include the assignment of the patents to the company / shareholders.
Suggest a using a process server. Bret has a habit of avoiding certified mail notices as when sent in the eviction/damages case. Opinion
Update. Both Jon and Sebastian Faro have been personally served with the complaint and the Court's order. Per the order they must enter into a settlement discussion with me and if not successful file an answer with the court by June 11th stating why the court should not order that the patents shall not be sold or otherwise transferred until resolution of the litigation. Although Bret has evaded service so far it does not relieve Faro's of their obligation to file answers by the 11th.
I received the following Order from the Court with respect to the Order to Show Cause (OTSC) I filed which seeks to prevent the negotiation, sale or transfer of the patents until the underlying litigation is resolved. The OTSC can be viewed at nanologixlitigation.com.
The Court has reviewed Plaintiff's Proposed Order to Show Cause accompanying the Complaint filed in this action (ECF Nos. 1, 1-2). Plaintiff shall serve both documents upon Defendants within seven (7) days. The parties shall meet and confer in an effort to resolve the issues presented in this action. In the event a resolution cannot be reached, Defendants shall file a response to Plaintiff's Proposed Order to Show Cause within ten (10) days of service. So Ordered by Judge Claire C. Cecchi on 5/31/2024. (jl, )
DP: Jointly and severally.
Was the judgement against Bret or Nanologix?........I suspect Nanologix is the guilty party..
Some options for collecting unpaid rent after a judgement. Sell his personal property, apply at lien, collection agency, issue a 1099 and forgive the debt and take a tax loss, garnishment however nothing here to garnish. I'm sure the landlord has dealt with deadbeats before and will collect somehow.
Emerald Isle,
in 2021 to MV...." I believe you'll be eating crow this year".....how's that for being so wrong for YEARS ! Good to see know it alls so wrong ! You ever admit MV was right and you weren't ?
How is your FB buddy BB doing ? You so proud of his accomplishment years ago....he sure put in the effort with the company didn't he....6 months doing this below and what was he doing for the company during that time ? No wonder it failed !
From a few years ago....."Just a recap:
Add: 1 determined 70-year old Vietnam Combat Veteran with a mission, mix with mortar and stone, add a little paint, work for six months at various temperatures with rain and snow, with a neighbor mixing mortar, and this is what results. What’s that Village Planning Commission nonsense about a Performance Bond?"
Muggo,
I went looking and it seems her posts are here( so wrong on the purge part), she just not very vocal lately. I haven't seen her defend this company, maybe she can't find a reason to do so ?
Muggo,
"Whatever happened to Emerald Isle?"
I think she erased her messages, maybe felt guilty about what she posted here through the years ? She sure defended this crappy company for years maybe she woke up and realize she was wrong to defend this company and was embarrassed and purged her posts ?
"In any event, I have no choice but to support Tom/antman in pushing for some kind of endgame."
It's all I see and I support Ant if someone is willing to try something then let them have at it. Otherwise, what is there ? BB and Faros just walked away showing their true selves to everyone to see.
I check this site every few weeks, waiting for when and how I can officially offload my shares and take a loss. Every time I look at my brokerage report, it’s a painful reminder! A long saga since 2007 and my first foray into Nanologix. So many of the same players and same insults back and forth! Whatever happened to Emerald Isle? In any event, I have no choice but to support Tom/antman in pushing for some kind of endgame.
I doubt it, most likely just noted on his credit report. It was a civil case.
Yman,
What happens if he doesn't pay It ? Some jail time ?
Would not be surprised to hear NNLX declares BK next.......
Eviction/Damages hearing closed 5/14/24. Nanologix/Bret to pay $11040 plus 8% interest from 4/9/24 and cost.
A couple of years sooner than BB would have released the RVA.
What year do you expect that to happen?
"discovery ie depositions, interrogatories, etc."
I'd be an interested viewer of that!!
I can't believe Bret didn't see all this coming. The smart thing that he should have done was to have taken the co private years ago. But that would take smarts. Shareholders we still have a fighting chance. Opinion
Jon Jon,
"What you should be asking yourself Omar is "if a corporation does not legally exist anymore can you still have a shareholders meeting?" Even if you did, would it have any legal substance to stand on?"
Good Question ,maybe Ant can answer that one.....my guess is if the taxes were paid it would be back to where it was before ? So maybe that is what is needed ?
What you should be asking yourself Omar is "if a corporation does not legally exist anymore can you still have a shareholders meeting?" Even if you did, would it have any legal substance to stand on?
Ant4,
"What's interesting is that since the company no longer exists and there are no officers or directors left it has no standing to oppose the action. In other words unless there is a procedural error with the filing I believe the Judge will grant the requests for an order granting the request as it relates to the company, ie shareholders meeting, copies of books and records, etc. Although I assume Faro and Bret will oppose it and seek a dismissal of it against them it is unlikely the Court will grant it without 1st allowing discovery ie depositions, interrogatories, etc. which I believe would be problematic for them as it will reveal all the skeletons in their closets, not to mention they risk the court ultimately finding that the IP belongs to the company without any consideration to them. Why they would risk that when I do not think anyone would be opposed to a settlement that would provide the company with rights to the IP in exchange for financial consideration to them is beyond me."
They walked away from the shareholders they shouldn't be standing in the way now, they should keep on walking and let someone else take over. Let the shareholders have a say for a change.
What's interesting is that since the company no longer exists and there are no officers or directors left it has no standing to oppose the action. In other words unless there is a procedural error with the filing I believe the Judge will grant the requests for an order granting the request as it relates to the company, ie shareholders meeting, copies of books and records, etc. Although I assume Faro and Bret will oppose it and seek a dismissal of it against them it is unlikely the Court will grant it without 1st allowing discovery ie depositions, interrogatories, etc. which I believe would be problematic for them as it will reveal all the skeletons in their closets, not to mention they risk the court ultimately finding that the IP belongs to the company without any consideration to them. Why they would risk that when I do not think anyone would be opposed to a settlement that would provide the company with rights to the IP in exchange for financial consideration to them is beyond me.
DP,
"Nothing from nothing is still nothing.......Getting something from a nothing will be a challenge for ant...."
I'm all for someone like Ant wanting to try and make something happen. BB has walked away it appears so let's give Ant a go at it since he is willing to do so. I think we should be supportive for him, what's the worse that can happen we are back to nothing ?
Nothing from nothing is still nothing.......Getting something from a nothing will be a challenge for ant....
Nanologix decades = 0
ant years = ?
I suppose that's somewhat of an improvement.
How many months will it take for Ant to get financial compensation? ......more like years....
If it goes to court how many months do you think it would take to do so?
Ant4,
"I have received an acknowledgment from the New Jersey District Court that the complaint was received and docketed under 2:24-cv-06012-CCC-CLW."
Good News !
DP,
"your search or a complete search in regards to who MV was before that.....but as always you pick whatever suits your agenda.....delusional fits you nicely."
I see your name was created in 2020....you talk about him being here for 15 years.....so that means you had "other" name ? So you figure he is doing it also ? Games you play !
I have received an acknowledgment from the New Jersey District Court that the complaint was received and docketed under 2:24-cv-06012-CCC-CLW.
I have received an acknowledgment from the New Jersey District Court that the complaint was received and docketed under 2:24-cv-06012-CCC-CLW.
MV,
MV posted...."BB was a con man at the highest level and is very lucky he's not serving time!!!"
Here are some updates...read them and that Oct 28, 2020 updates which says they couldn't seek others in a period of approximately 5 months before yet look at what was put out in the months before that Oct 28, 2020 release ?....BB put out some interesting updates...
Oct. 28, 2020
Narrative of Some Issues Faced By NanoLogix Since May Announcement of Rapid COVID19 test
Issues are Resolved and NanoLogix Is Proceeding with Technology Development and Awaiting the Allowed Patent Issuance
Appreciation to Congressman Tim Ryan for his Interest and Assistance in Resolution
NanoLogix is presenting this narrative to illustrate the unusual and unanticipated challenges that were presented to the Company beginning immediately after our announcement of the invention and the initial results for a rapid viral detection test technology applicable to COVID-19 and other viruses.
Within a few days of our May 3rd announcement covering this news, we were reported by an unknown party or parties to FINRA, the FDA, and the SEC.
During the course of these events, and until their resolution, we did not believe we could approach investors for funding necessary for the further development of the technology. Nor could we seek development partners until this "Matter" was resolved. NanoLogix was delayed and blocked for approximately five months until the resolution of the "Matter" with no action recommended.
For the full narrative, please follow this link:
https://nanologix.com/narrative-of-some-issues-faced-by-nanologix-since-may-announcement-of-rapid-covid19-test-and-since-resolved/
Oct. 14, 2020
NanoLogix Is Researching FDA EUA Requirements For COVID-19 Testing Related to Recently Allowed Patent
1st For Whole Virus Detection, 2nd For Antibody Detection
NanoLogix Welcomes David R. Barnhizer as Vice President For Strategic Analysis and Development
NanoLogix is researching FDA requirements for EUA's for two of the 25 covered claims in the recently allowed patent application focused upon Rapid Virus Detection. Now that there has been allowance for issue of the patent with all 25 claims allowed, NanoLogix can justify devoting resources to this process and specifics.
Upon successful results for work currently being performed by a third party to apply NanoLogix technology to a separate testing platform for COVID19 detection, other applications may follow. Once the patent is issued we will reveal the broad and detailed extent of allowed claims for this technology.
Within the next two weeks NanoLogix will be releasing a narrative detailing challenges that were presented to the Company from outside sources apparently opposed to either the technology development or the Company since our May release of the COVID19 news.
David Barnhizer is Professor of Law Emeritus at the Cleveland State University. He received law degrees from the Ohio State University where he graduated summa cum laude and from Harvard University where he was a Ford Foundation Urban Law Fellow, a CLEPR Clinical Teaching Fellow, and earned a Masters of Law degree. He was Articles Editor of the Ohio State Law Journal, and began his legal career as a Reginald Heber Smith Community Lawyer in Colorado with the Colorado Springs Legal Services Office.
He has been a Senior Research Fellow at the University of London's Institute for Advanced Legal Studies, a frequent Visiting Professor at the Westminster University School of Law in London, taught human rights and international environmental law in St. Petersburg, Russia in a joint program with St. Petersburg State University, and instructed in Harvard’s Intersession program in Trial Advocacy.
He has served as Senior Adviser in the International Program of the Natural Resources Defense Council (NRDC). He was a Senior Fellow with Earth Summit Watch, and a board member of the International Shrimp Action Network (ISANET) an international NGO network made up of more than twenty NGOs involved in environment, development and coastal zone management in developing countries. He was Executive Director of the Washington, DC-based Year 2000 Committee, and has consulted extensively with environmental and development organizations. These include the World Resources Institute, the International Institute for Environment and Development, the United Nations Development Program, the President’s Council on Environmental Quality, the World Bank, the United Nations Food and Agricultural Organization (FAO), the World Wildlife Fund, the Mongolian government, and the Center for Global Change.
In addition, he spent nine years as a member of the board of directors for Performance Capital Management, and was a strategic consultant for Sovonics Solar Systems, a subsidiary of British Petroleum. He also served as Rapporteur for the Foresight Capability Workshop of the Energy and Commerce Committee of the US House of Representatives and has worked on projects in conjunction with numerous federal agencies.
He has written over fifty law review articles and book chapters, and authored and edited a number of books, including The Warrior Lawyer, a work developing the strategic principles of Sun Tzu's Art of War and Musashi's A Book of Five Rings. Other books include Strategies for Sustainable Societies, Environment Cleveland, The Blues of a Revolution, two volumes on Effective Strategies for Protecting Human Rights, and Hypocrisy & Myth: The Hidden Order of the Rule of Law co-authored with Daniel Barnhizer.
The most recent book, co-authored with Michigan State University Professor of Law Daniel Barnhizer, is The Artificial Intelligence Contagion: Can Democracy Withstand the Imminent Transformation of Work, Wealth, and the Social Order? CONTAGION has been ranked as high as # 1 in Book Authority’s All-Time Top 100 books on Robotics and in the top ten in Book Authority’s All-Time list on artificial intelligence.
Oct. 8, 2020
NanoLogix Notified of Patent Allowance for Sub 1-Hour Covid-19 Detection Technology
Allowance for All 25 Patent Claims Issued September 8th, 3-1/2 months after May 18th Filing Date
Additional and related news to be released next week.
Oct. 5, 2020
NanoLogix Covid-19 Detection Test Update
Partial Funding received from NanoLogix Directors Options Exercise
NanoLogix has enlisted the services of a company with an advanced diagnostic platform that can deliver lab-quality results at point-of-care (POC). That company will perform an initial feasibility assessment of our COVID-19 viral assay on their rapid POC system. Partial funding for the first phase of the feasibility assessment is being provided through NanoLogix Director and Chief Medical Officer Dr. Jonathan Faro and Director Dr. Sebastian Faro exercise of options for 3 million shares. Those exercised shares are restricted from trading for a period of one year from issuance
The Directors' action reflects their belief in the NanoLogix rapid viral detection technology and its potential.
Independent laboratory work in Houston on a separate phase and aspect of the testing technology will begin after initial results from the above-mentioned work.
Aug. 7, 2020
NanoLogix Sub 1-Hour Covid-19 Detection Test Further Developments
NanoLogix Begins Collaborative Efforts With Diagnostic Company and an Independent Laboratory
NanoLogix announces it has begun working with two entities to refine and further develop its patent-pending Rapid Viral Assay for COVID19 and other viruses. One is a West Coast diagnostic company and the other a long-established independent Houston laboratory.
The overall intent of this work is to obtain results to enable a detailed submission of those results to the US FDA for the purpose of receiving an Emergency Use Authorization, enabling use of the technology as a Point of Care (POC) rapid test. Secondary benefits should be publication of the resulting data in the form of at least two peer-reviewed science/medical journal papers. Grant applications are anticipated by at least one of the partners to the work. The projections for the timeline for the work range from one+ month for the independent laboratory to more than three months for the diagnostic company.
While we have achieved results in less than one hour with our own laboratory work, indications from one of the entities are that the test can potentially be streamlined to the point where results may be obtained in as little as twenty minutes in a form that makes the test more user and consumer friendly. This projected ease of use positions the assay for potential home use if and when it is approved by the FDA.
NanoLogix has entered into mutual confidentiality agreements with both involved groups. We faithfully respect those agreements as essential to the success of business and technology development. In the past, when we have released information mentioning arrangements with others, such as the US EPA, the University of Texas Health Science Center in Houston, Battelle Biomedical research Center, and individuals recently employed or otherwise associated with NanoLogix, those groups began receiving calls and contacts from persons identifying themselves as shareholders of NanoLogix. The calls ranged from in subject from simple curiousity to demands to reveal the nature of the technology development and business relationship with NanoLogix. The effects were potentially damaging to NanoLogix and its interests, to include investors. We will not release further information regarding the recent associations until all parties are prepared to do so.
June 11, 2020
Sub-1-Hour Covid-19 Detection Technology Patent Pending Update
NanoLogix is pleased to announce we have received a notification, dated 06/03/20, from the US Patent and Trademark Office stating the application has been granted Prioritized Status under the new COVID-19 Prioritized Examination Pilot Program?.
"1. THE REQUEST FILED 18 May 2020 IS GRANTED.
The above-identified application has met the requirements for prioritized examination
A. For an original nonprovisional application (Track I).
2. The above-identified application will undergo prioritized examination. The application will be accorded special status throughout its entire course of prosecution..."
The significance of the USPTO granting of Prioritized Status is that the evaluation of the patent application under the new COVID-19 Prioritized Examination Pilot Program has been completed and the application has been accepted into the program. This Program has been initiated by the USPTO as a response to the Pandemic Crisis. We suggest readers access the USPTO and Federal Register link at the bottom of this update in order to fully understand the significance of the program.
In addition, NanoLogix is, and has been, in talks with multiple diagnostic and financial companies regarding development and potential partnering for use of the Rapid Viral Assay against the COVID-19 virus.
June 3, 2020
NanoLogix Seeks Development & Marketing Partner for Their Sub 1-Hour COVID-19 Detection Tests
HUBBARD, Ohio, June 3, 2020 /PRNewswire/ -- NanoLogix, Inc. (OTC: NNLX), an innovator in the rapid detection and identification of viruses and bacteria, is seeking a partner or partners for obtaining FDA Emergency Use Authorization, if required, and for development and marketing of their sub 1-hour COVID-19 Point of Care modified-ELISA detection test. This Rapid Viral Assay can also be configured for other viruses, such as, but not limited to, HIV, HPV, Hepatitis, MERS, and SARS-1. A Home-Test version of the COVID-19 test has the potential of 30-minute results using a nasopharyngeal swab or saliva samples.
CEO Bret Barnhizer stated: "NanoLogix does not possess the scale of production or marketing required for this essential test distribution for COVID-19. We cannot expand rapidly enough to meet the immediate need for testing. We have entered into Confidentiality Agreements with two diagnostic and financial groups in the last week for this purpose and are inviting additional interest."
Jonathan Faro, MD, PhD., Chief Medical Officer stated: "We are extremely excited over this technology development. It is a novel approach in diagnostics that provides a solution to the inherent problems with false positives and false negatives present in those tests currently being used in the war against COVID-19."
DP,
You didn't prove anything. You have the mind of a politician trying to wiggle out of any situation you get yourself caught up in.
Now... you are even dumber than I thought. You challenged me, I answered. You were proven again to be incorrect....Have a nice day...you are now on ignore..
DP,
You just making stuff up, so full of it. Can't hand it when someone calls you out of your BS.
you are so needy omar................as I recall the posters call name was Blizzard before being banned.........now fo
DP,
Then who was he before ? And can you prove that ?
your search or a complete search in regards to who MV was before that.....but as always you pick whatever suits your agenda.....delusional fits you nicely...have a nice day
DP,
"Coming from you...that would be a compliment. You appear to be the most delusional poster of all time........MV has past history with Nanologix and BB, in my opinion he is one jaded poster with a negitive slant for the last 15 years............But you all appear to need to blame someone for your bad investments......
See this is how you are.....it's easily searched and MV alias was born in the year 2020, yet you make up stuff like last 15 years.
Coming from you...that would be a compliment. You appear to be the most delusional poster of all time........MV has past history with Nanologix and BB, in my opinion he is one jaded poster with a negitive slant for the last 15 years............But you all appear to need to blame someone for your bad investments......
Med Vet ... would enjoy talking to you. tom@nanologixlitigation.
Deep Pockets,
He should rub it in on you, you were a jerk to him. Thought you were so smart trying to counter his posts, he was way more right than you were.
Why is it society loves to kick a dead horse.......Poor ol medical veteran needs to show how smart he thinks he is.........and all in his " humble opinion" I'm sure........Yo the Faro s had some professional skill, education and they saw potential..........too easy to throw knives.
LOL. Wow....for shits and kicks, I thought I would see if this board still has activity. Remember, everything I said years ago is exactly what played out!!! God bless Ant for his valent efforts, time, and energy!!! The patents are absolutely worthless!! The mee too petri plates are nickel and dime products. Probably, pennies bcz I have to believe their technology to make these plates are antiquated at best. This thing has been dead for years and is NEVER coming back!!!! BB was a con man at the highest level and is very lucky he's not serving time!!!
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