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No panic here KC. I am in this one for the long haul with plenty of "skin" in this game. IMO, I believe that an agreement WILL be announced prior the Stay ending!
I feel your pain on that one ooaq! I visit a Rolfer regularly. Its worth the money! The only thing that would compare would be a ride through the Smokey Mountains in HighRiders Aston Martin!
You are correct in your assumption that the PPS will drop if the "Stay" expires without settlement. As I said, it will be a great time to accumulate even more shares at great prices. Lack of settlement with either party, Daic or TMobile changes nothing for me. We will still have our day in court on both accounts where I believe we will prevail. If I did not believe that I certainly would not be invested here! Patience will be rewarded on this one. Of course, that is just my opinion! Good Luck Mongo!
Maybe not as quick as we would like but if no settlement is reached there will be another great opportunity to accumulate. Patience is the name of this game. I believe an agreement will be reached,if not I am prepared to wait as long as it takes. IMO the risk pales in comparison to potential reward in this one. I remain confident and very long!
About a week away from the end of the TMobile stay, it won`t be long now.
It has all pretty much been said up to this point. We are all just patiently waiting for news which will most likely be very soon! Meanwhile, buckle up, this is going to be some ride when she gets to rolling! How`s that for a little PUMP Mongo!
Just curious Rapturous, You have said numerous times that you are "out" of this stock. You chide the rest of us for remaining invested in it. My question is, If you do not own any of this company why do you continually use the plural pronouns "us" and "we" in your comments?
Yes, it is in the original filing for both the State and District case,"Jury Trial Demanded". I will try and provide a link tomorrow. Pressed for time now.
I see the denial as being a moot point after Daic/Williamson dropped the "Turnover Provision "from their claim. I fully expected the Judge to deny the request because of that. Other than the formality of signing the order, to me nothing has changed. I see us moving forward with our case. IMO we will use the 90 day state case stay to sharpen our case and be ready to go if necessary. I think that the willingness to "give up" the Turnover provision on Daic`s part indicated that there may be a good chance for settlement and I still believe that. As the weak hands head for the exits, I,like you will sieze the opportunity to strengthen my position.
At this point I see no reason for the Judge to recuse himself. If we do go to trial a jury will decide the outcome. IMO the Judge could not legally strike enough evidence to cause a jury to side with DD/Williamson! We will see soon! Happy Thanksgiving to All!
We should "yield" before investing our hard earned cash in any company. Carefull thought, contemplation and lots of DD will be the best recipe for investing in any Pink.
The yield signal on Pink Sheets .com simply means that they are a limited reporting company which in some cases would make it hard to do adequate DD. It is the companies that have the Skull and Crossbones by their name that you really want to watch out for! That means almost no reporting!
On another note, this probably will not mean anything to you since you are OUT but I am the person that originally posted our attorney`s profile and bio. I actually ran references on him with some of his peers. "Smart,hard working, persistent and very thorough" was the consensus of everyone that I spoke with. He was associated with one of the BEST personal injury lawfirms in Texas! I said all that to say this, We have a very good lawyer that does not like to and is not use to losing. I expect that he will also find a way to win this one!
Thanks for trying to save us from ourselves Rapturos! Sorry but I am still ALL IN and will be until this saga plays itself out. I still have confidence in our BOD doing "The Right Thing".
Gloating- Triumphantly rejoicing, especially with malicious or evil satisfaction.
Carter, you have been posting on this board for quite a long time. Up until recently I thought your posts had substance and were informative. Your constant gloating now is becoming very annoying. You have been right to a certain extent but I agree with some of the other posters that your opinionated predictions are just that, opinionated predictions without evidential substance. You have digressed to the point of TELLING the rest of us what to do with our investment. We get your point so please give it a rest or I like others will simply choose to ignore you!
Agreed. The way I read "The Stipulation Agreement", Calypso has full authority to pursue the TMobile case however they deem fit. That would mean that whomever ended up with the 923 would be bound by any deal that Calypso made with TMobile. If I am right, as I said before, Tmobile could do the deal within the 90 day stay, save money, be first and wait for the outcome of the state case. I believe like many of you that TMobile would much rather negotiate and do business with Calypso than DD et al!
Be my luck as soon as I "banked some" news will hit and it is off to the races! I learned that one the hard way. I really do think that our BOD and attorney has the resolve to see this through. Hang in there with us, I really think we are going to make a whole lot of money.
Sooner or later this will play itself out before our very eyes. It may be later! I want what is best for the Company and its owners. If that means a change of venue and more time to "do the right thing" then so be it. If we do prevail with the change of venue and our attorneys motions are ruled upon in our favor then I will consider that a good thing. Yes some will become impatient and bail, but those that understand the real value will sit tight and accumulate as the price trickles down if in fact it does. I am in for the long haul. I am happy you made some nice money! I am not smart enough to trade in and out but I have been relatively successful at finding the right investment and riding it until it reaches maximum potential and that is where I am on this one.
At first I did not think so, but now.., You really are sounding like a BASHER! I hope you are wrong, but even if you are right, where is the satisfaction in gloating over someone else`s misfortune?
Yes, and we will negotiate from a position of STRENGTH!
Here is a profile on our attorney. I am sure most of you may know this but just in case you might have missed it here it is.
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ShareThisSpencer G. Markle
Spencer Markle
Markle DeLaCruz, LLP
17100 El Camino Real Blvd., Suite 500
Houston, TX 77058 US
Houston
Texas (TX)
Contact Spencer G. Markle
T:Work 281-486-0677
F: Fax281-486-0694
Visit: www.markledelacruz.com
Practice Areas: Personal Injury Plaintiff: General (50%), Business Litigation (40%), Personal Injury Defense: General (10%)
Personal Injury Plaintiff: General
Business Litigation
Personal Injury Defense: General
Industry Groups: Food And Beverage, Liquor, Oil And Gas
Law School: University of Pittsburgh School of Law
Languages Spoken: English, Spanish
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Profile
I learned the value of hard work and sacrifice from the years of my youth spent as a laborer in the Steel Mills of Western Pennsyvania and working with a jackhammer in the concrete construction business. The virtues of team work and commitment became part of my identity as a two sport varsity athlete in both high school and college. My three years as a starting defensive back for The Duquesne University Football Team fueled the competitive passion for excellence that I have always brought to my courtroom practice.
Many lawyers claim to be litigators. I am a trial lawyer, pure and simple. At the time of my selection as a Texas Superlawyer in mid 2010, I had tried over 102 cases to a jury in 23 counties across the length and breadth of our great state of Texas. I have tried many other cases to Judges and have argued before the Court of Appeals more than ten times.
I spent the first 20 years of my practice defending Doctors, Businesses and sellers of alcoholic beverages in bodily injury and wrongful death lawsuits. I was hired by some of the largest insurance companies in the world to defend these cases in every corner of the state.
Over the last 8 years, I have represented families who have suffered catastrophic injury or wrongful death against those same insurance companies. I also represent small and medium sized companies in business litigation, both plaintiff and defense. i am often retained by the food and beverage industry for the defense of dram shop, premises, assault and battery and non-subscriber cases. My practice is statewide and occassionally extends to neighboring states as well.
Selected To
Texas Super Lawyers 2010
Texas Super Lawyers 2009
Texas Super Lawyers 2008
Texas Super Lawyers 2007
Texas Super Lawyers 2006
Texas Super Lawyers 2005
Texas Super Lawyers 2004
Texas Super Lawyers 2003
About Spencer Markle
Admitted: 1982, Texas
Honors and Awards:
•Advocate , American Board of Trial Advocates, 2006
Special Licenses/Certifications:
•Board Certified in Personal Injury Trial Law and Civil Trial Law by the Texas Board of Legal Specialization. Board Certified in Civil Trial Advocacy by the National Board of Trial Advocacy. Board Certified in Medical Professional Liability by the American Board of Professional Liability Attorneys.
Scholarly Lectures and Writings:
•Author/Lecturer at the TexasBar CLE Advanced Personal Injury Law Course in 1992, 1994-1998, 2002, 2003, 2007. Author/Lecturer at the TexasBar CLE Advanced Medical Malpractice Course in 1996, 1999, 2005, 2006. Author/Lecturer at the ABPLA Annual Meeting 1999.
Verdicts and Settlements:
•Over 102 cases tried to juries in District Court. Three verdicts in excess of $1,000,000, including one of over $6,000,000, while representing plaintiffs. Over 60 zero verdicts representing defendants.
Representative Clients:
•Available on request.
Other Outstanding Achievements:
•Martindale Hubbell AV Rated. Life Fellow: Texas and Houston Bar Foundations. HTexas Magazine Top Lawyers in Houston 2005-2007. Million Dollar Advocates Forum.
Educational Background:
•BSBA Duquesne University. JD University of Pittsburgh.
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Spencer G. Markle:
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I am an optimist by nature, sometimes to a fault, however, I have been in this one long enough to understand the risk vs reward.I really believe this BOD is agressively pursuing our rights as owners and will do everything in their power to maximize our investment.I am ALL IN! With that said, I believe Daic will settle, if not immediately, certainly by the end of the year. It will be a weighted settlement allowing Calypso to accomplish about 70% of what it set out to do. Once the Daic camp realizes what their possibilities of loss really are I think they will see settlement as their best and only option.
I think TMobile is anxious to pen a deal! It will certainly be to their benefit to be first and they know that. They settle sometimes in December and off we go!!!
PPS @ 2.00 only slowed because of Christmas vacation. After the first of the year the Gates are WIDE OPEN and the SKY is the limit!!!
Anyway, that is what I see in my Crystal Ball. I have to admit clarity has been cloudy to very cloudy at times but resolution has definitely increased in the past year, in my Crystal Ball that is!
It is a part of the State Case Docket Control Order. See HighRiders`s post #35115
Yes, currently scheduled for Monday 1 Nov!
Pre-trial hearing tomorrow! ADR Monday! Things are happening!!!
Thanks HR. Shall we say, "Let the Games Begin"!!
Agreed. I think the filing of the motions were a "shot across the bow" indicating where our attorneys want to take this if it cannot be resolved through mediation.
Maybe funny but true!
There does not seem to be any manipulation. I have had a GTC order for 100k in at .08 for three days and it has not worked down to pick up the trade. I will probably bump it up tomorrow just to get the shares if hasn`t "Gone Wild" by then!
Thanks again for all the hard work you and others are doing for the benefit of all!
I agree HR. I think there is a good probability of settlement. I think Daic has the most to lose here. I think a trial will open up all kinds of liabilities for him. There is a possibility we could lose our interests in the company. There is also the possibility and what I think a good probability that DD could lose his interests and his FREEDOM! A privalege you just cannot place value on! I would think that mediation is in progress now with the Monday deadline quickly approaching. We will know alot more about this drama by the end of next week or the week following the pre-trial conference! I cannot help but be excited to see how this plays out. As a side note, I do like the way our attorney continues to press with filings. I believe this works as a leveraging tool to bring DD et al to the table.
Sorry Bzone, I just do not see us "eating any crow" on this one. As pointed out by some of the "old timers" on this board, there is a plethora of scenarios that could play out. To me some make sense and some don`t. As we draw close to the end of this, I take solace in knowing that we have a very good lawyer and a board that has shareholder`s best interest in mind. With this said, if we as individual shareholders want to continue to parcipate we just have to trust that the BOD and our attorney will do the right thing with all that they know.
Highrider, help me to understand why Drago would sign the Stipulation Agreement with Calypso if he remotely thought he had a chance of taking it all. Would that not throw him back to square one with the TMobile proceedings and incriminate his claim of complete ownership of the 923 in state court? It seems to me that he would have wanted to choke off any chance of revenue via possible settlement with Tmobile.
Obviously he wants it all but I believe if there is settlement with DD it will mirror the 2008 agreement. If that does not happen then I think it exciting to watch the state case play itself out. I just do not think that Daic can afford to let it go to trial. If no settlement, the showdown will commence one month from today. We will know where we stand soon!
Progress is the right path and appears that we ARE making progress! Let me add this for discussion. Would it be win win if we were to settle with Daic specific to the 2008 agreement. It seems to me that might be common ground. That would ensure or enable us to possibly wind up an agreement with Tmobile asap and then get about the business of pursuing all of the other infringers. Thoughts?
Has Ballou been in trouble with the SEC before? Seems like I remember reading something about that a few years back.
On another note, all of the people/attorneys that I have checked with in and around the Clear Lake area all give Spencer Markle a stellar reference. It does appear that we have a very good lawyer representing us!
Agreed HR! I enjoy the various viewpoints and analysis this board provides. As I see it now, we place our trust in the BOD and the Markle Firm to do the right thing. I do believe they will make good decisions, whether it be settlement, change of court venue or taking DD and company to the wall! I have also been buying between .10 and .12 and really glad to be able to get them. One of these days these prices will look like chicken feed comparatively speaking.
As we wait for "WORD" I will continue to accumulate, especially as the pps works down a little. I have been trading pennies for many years and cannot ever remember this type of investing opportunity. Risk vs. Gain. Thanks again to all of you doing the "Heavy Lifting" on this board.
Thanks for your thoughts HighRider, I completely agree!
HighRider, What do you think the odds are if we come to agreement with DD et al, that settlement is specific to the 2008 agreement? Would that be best case scenario for all at this juncture?
Put me down for settlemnt. His bluff has been called. He will fold because he has to know the risk of future litigation (Criminal) WHEN he loses this one! He is very greedy but I am giving him enough credit to be able to see writing on the wall.
Rapturos, everytime I feel like I am getting a little larger than life I just try ordering someone else`s dog around! That puts it back in perspective for me!
Long and Strong!
Not a lawyer but, We own the 923 patent thouroughly covering the Fixed Mobile Convergence (FMC) technology. Success with Tmob gives us another dimension of enforcement possibilities imo. I believe that all of the infringers know that they are using our tech without conscent and will belly up to the licensing table when their number is called!
Highrider is correct! Also success in the Tmob case imo will set precedence. Injunctions prohibiting usage of our technology will have the rest of the infringers camping at clyw`s office door to be first in getting their ticket punched!!
I would have at least thought he would be looking for some sort of a safety net by now however flimsy it may be. I, like many on this board prefer our day in court which I believe will result in completely abrogating his influence over this company!