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I agree, but man O man it's the longest marathon I've
ever been in, it's time for this to turn into a SPRINT.
D_DOG
No I haven't read all of the exhibits, I'll check to see if I can find it.
D_DOG
A little something to get an idea about the validity of the claim against N95 Shield
• Exhibit A: Pages 1-10 of the Sales and Purchase Agreement between Redhawk Medical Products & Services, LLC and N95 Shield, LLC dated June 22, 2021 (i.e. without any of the attached exhibits referenced in the document).
• Exhibit B: The Letter of Attestation from Jennifer Opoku-Asare of Asare Law Firm, LLC addressed to Red Hawk Medical, dated June 3, 2021, representing the availability of funds in the amount of $24,400,000,000.00 "for the purchase of the authentic PPE Product for the sale, supply & distribution to Government, FEMA, Federal, State & Private Healthcare, 1st Responders, Medical Workers, Federal Employees, and or other Non-Retail users and its affiliates."
• Exhibit C: Letter from G. Darcy Klug, RedHawk Holdings Corp., to Matt Miller, N95 Shield, LLC, dated December 21, 2021.
• Exhibit D: Letter from G. Darcy Klug, RedHawk Holdings Corp., to Matt Miller, N95 Shield, LLC, dated January 6, 2022.
• Exhibit E: "Contingent Fee Contract" between The Toce Firm, APLC and Redhawk Medical Products & Services, LLC dated May 9, 2022.
• Exhibit F: FedEx shipment receipt and tracking information for tracking no. 777065600379, delivered to Matt Miller, N95 Shield, LLC, at 1635 E. Orange Wood Street, Gilbert, Arizona 85296 on June 8, 2022.
• Exhibit G: FedEx shipment receipt and tracking information for tracking no. 777337826291, delivered to Matt Miller, N95 Shield, LLC, at 1635 E. Orange Wood Street, Gilbert, Arizona 85296 on July 11, 2022.
• Exhibit H: United States Postal Service receipt and tracking information for tracking no. EJ329475037US, delivered to Gilbert, Arizona 85296 on December 21, 2022.
• Exhibit I: FedEx shipment receipt and tracking information for tracking no. 393394331255, delivered to Matt Miller, N95 Shield, LLC, at 1635 E. Orange Wood Street, Gilbert, Arizona 85296 on January 16, 2023.
• Exhibit J: FedEx shipping label for tracking no. 7711 3637 2459, addressed to Matt Miller, N95 Shield, LLC, at 1635 E. Orange Wood Street, Gilbert, Arizona 85296, dated January 27, 2023.
• Exhibit K: Returned envelope shipped by United States Postal Service, tracking no. 7022 2410 0002 3958 8018, to Matt Miller, N95 Shield LLC, Coastal Group Partners, 14325 N 79th Street, Ste. C, Scottsdale, AZ 85260, postmarked February 3, 2023.
• Exhibit L: FedEx proof of delivery of tracking no. 394220689310 on February 6, 2023.
• Exhibit M: United States Postal Service confirmation of delivery of tracking number no. 70222410000239588025 on February 6, 2023.
• Exhibit N: FedEx proof of delivery of tracking no. 394220643204 on February 6, 2023.
• Exhibit O: United States Postal Service confirmation of tracking no. 70222410000239588032 returned to sender on February 15, 2023.
• Exhibit P: FedEx proof of delivery of tracking no. 394220750003 on February 6, 2023.
• Exhibit Q: FedEx shipping label for returned shipment of tracking no. 393394331255.
• Exhibit R: FedEx shipping label for tracking no. 3933 9465 8087, addressed to Matt Miller, N95 Shield, LLC, at 14325 N 79th Street, Ste. C, Scottsdale, AZ 85260, dated January 16, 2023.
• Exhibit S: Asare Law Firm "Attorney Attestation" dated May 7, 2021.
• Exhibit T: United States Postal Service certified mail receipts and tracking information, Office Depot OfficeMax shipping receipts, and FedEx tracking information for packages mailed on February 17, 2023 to:
a. "Peter Riess / Matt Miller / N95" at 16124 W Cinnabar Court Waddell, AZ 85355
b. "Browning Holcombe / Miller / N95" at 20237 E Sunset Court Queen Creek, AZ 85142
c. "Matt Miller / N95 / Coastal Group Partners" at 14325 N 79th Street, Ste. C Scottsdale, AZ 85260
• Exhibit U: May 17, 2021 letter from Congressman Pete Sessions to Matt Miller and Michael Zarcovacki of N95 Shield, LLC
• Exhibit V: Pages 1-11 of June 13, 2021 Escrow Agreement made by and between RedHawk Medical Products & Services, LLC, Mahler Law Group, PLLC, and Moseley and Lester (without the attached Exhibit A referenced in the document).
• Exhibit W: February 22, 2023 The Toce Firm, APLC client ledger.
D_DOG
I'm kind of getting excited to see two cases that will have
a sizable financial outcome for Redhawk.
Plus one has to also realize that the company is settling their
debt with cash and from what I gathered from previous filings.
If my numbers are right it takes over $30,000 a month based
on their previous filings, most likely more due to Brandon's
cause n effect inflationary policies. Add in what they are
paying out monthly to settle their notes and something
starts to make sense.
They are paying their bills and keeping the lights on without
going the usual OTC route of selling shares to pay their bills.
They have money coming in from somewhere...
D_DOG
YEPPERS and each one paints a very clear picture of factual
information that even Helen Keller can read.
In braille of course
D_DOG
There really is a lot going on behind the scenes
with this REVOKED TICKER.
Tictoc...
Thursday, December 07, 2023
30 respm Memorandum in Opposition to Motion Thu 12/07 5:56 PM
MEMORANDUM in Opposition re25 MOTION to Vacate Arbitration Award filed by Redhawk Medical Products & Services L L C.(aty,Welborn, Jason)
Att: 1 Exhibit,
Att: 2 Exhibit,
Att: 3 Exhibit,
Att: 4 Exhibit,
Att: 5 Exhibit,
Att: 6 Exhibit,
Att: 7 Exhibit,
Att: 8 Exhibit,
Att: 9 Exhibit,
Att: 10 Exhibit,
Att: 11 Exhibit,
Att: 12 Exhibit,
Att: 13 Exhibit,
Att: 14 Exhibit,
Att: 15 Exhibit,
Att: 16 Exhibit,
Att: 17 Exhibit,
Att: 18 Exhibit,
Att: 19 Exhibit,
Att: 20 Exhibit,
Att: 21 Exhibit,
Att: 22 Exhibit,
Att: 23 Exhibit,
Att: 24 Exhibit,
Att: 25 Exhibit,
Att: 26 Exhibit,
Att: 27 Exhibit,
Att: 28 Exhibit,
Att: 29 Exhibit,
Att: 30 Exhibit
D_DOG
Whoops, sorry wrong guy.
D_DOG
RE: "Is that another way of saying this Court Case will set a precedence?"
Very much so, if you read as much as I do you would see the cases that
are stalled in the courts, seemingly awaiting the outcome of the
SEC v LG case.
And your realization that Klug and friends own a lot of the same class
shares we do is something that keeps me grounded and feel good
about the future.
Best of Luck To Us DOGS
D_DOG
Dec.13, 2023 will set the stage for what may be a early Christmas present or at least
a future date, probably early Jan.
The SEC has unlimited resources and has a very good track record dealing with
these cases, they're probability of success is in the high 90% range.
IMHO
SCHEDULING ORDER: Telephonic initial conference scheduled for 12/13/2023 at 11:00
a.m. before Magistrate Judge James R. Cho. Counsel for all
parties must participate. Counsel for plaintiff is directed to immediately confirm this
conference date and time with counsel for the defendants.
D_DOG
The case involving the "SEC v. LG Capital" is coming to a head soon
and will be a major stepping stone for many a company to seek their
own pound of flesh from many of the TOXIC LENDERS that have
plagued the OTC for years.
I particularly like this one term: Defendants' Motion at ECF
No. 59 is DENIED in its entirety. Accordingly, the Clerk of the Court
is respectfully directed to terminate the Motion at ECF No. 59.
So Ordered by Judge William F. Kuntz, II on 11/27/2023. (SY)
62 4 pgs order Order on Motion for Pre Motion Conference Mon 11/27 2:29 PM
ORDER: On November 16, 2023, Defendants LG Capital Funding, LLC and Joseph I. Lerman and
Relief Defendants Daniel Gellman and Boruch Greenberg (collectively, "Defendants") filed a letter
requesting a pre-motion conference in anticipation of filing a motion under 28 U.S.C. § 1292(b),
seeking an order certifying the Court's Decision and Order dated November 13, 2023 at ECF No. 57
for an interlocutory appeal to the Second Circuit. See generally Def. Mot., ECF No.59 . Specifically,
Defendant makes this request on the purported grounds the Court's Decision and Order rests on a
single issue of law: whether "the SEC sufficiently alleged that the convertible notes at issue [in this
case] are, by law, 'securities.'" Def Mot. at 2. On November 17, 2023, the Court ordered Plaintiff
Securities and Exchange Commission ("SEC" or "Plaintiff") to respond to Defendants' Motion. ECF
No.60 . Plaintiff timely did so on November 24, 2023, setting forth its argument as to why the Court
should deny Defendants' request to (1) hold a pre-motion conference, (2) certify the Court's Decision
and Order for an interlocutory appeal, and (3) stay the instant proceeding. Pl. Resp., ECF No.61 .
For the reasons set forth in the attached Order, Defendants' Motion at ECF No. 59 is DENIED in its
entirety. Accordingly, the Clerk of the Court is respectfully directed to terminate the Motion at ECF
No. 59. So Ordered by Judge William F. Kuntz, II on 11/27/2023. (SY)
Hey you may be right but personally I think she has a few more
songs to sing along with a grand finale.
Lets revisit in 60 days to see if there might be a spark or two.
D_DOG
HERE THEY COME....
LIKE CLOCKWORK......LOL
D_DOG
Redhawk Medical Products & Services L L C v. N95 Shield L L C:
Friday, December 01, 2023
29 minutes Scheduling Conference Fri 12/01 3:42 PM
MINUTES for proceedings held before Magistrate Judge Carol B Whitehurst: TELEPHONE SCHEDULING CONFERENCE held on 12/1/2023. As this matter is a summary proceeding, no trial or pre-trial conference date was set, and no scheduling order is needed. (crt,Jordan, P)
Moving Along
D_DOG
Where would 600 million shares come from?
I'm curious as to how the company would be getting 600 million shares back, I've
read this a few times but from what I see I can not see that happening.
Am I missing something because it doesn't seem to be even remotely possible.
Those that make that claim please explain so I too can see how that could be
accomplished, I'm always open to knowledge.
D_DOG
That I do not know without digging further.
D_DOG
FYI: From the looks of the unit they offer it is not our product.
D_DOG
And if "a litigant who loses in a federal court of appeals, or
in the highest court of a state, may file a petition for a
"writ of certiorari," which is a document asking the
Supreme Court to review the case."
Kind of like kicking the can down the road and hoping
for a favorable outcome.
D_DOG
No problem, I have a vested interest as well.
For the record it's a very good thing, this particular
case is more important than many realize, it's going
to set precedent with the SEC wielding they're
best to correct a wrong that went on way too long.
This may end here but most likely will proceed
to the court of appeals, that will most likely be a
very expensive route for them. The SEC doesn't care
either way their resources are limitless.
The stakes are extremely high and everyone that is in
the same industry of TOXIC LENDING is hoping for a
dismissal so they don't have to pay back their ill-gotten
gains.
The SEC WANTS THEIR POUND OF FLESH and so do we.
D_DOG
It's a BEAUTIFUL THING:
DENIED in its entirety. Accordingly, the Clerk of the Court is respectfully directed to terminate the Motion at ECF No. 59. So Ordered by Judge William F. Kuntz, II on 11/27/2023
order Order on Motion for Pre Motion Conference Mon 11/27 2:29 PM
ORDER: On November 16, 2023, Defendants LG Capital Funding, LLC and Joseph I. Lerman and Relief Defendants Daniel Gellman and Boruch Greenberg (collectively, "Defendants") filed a letter requesting a pre-motion conference in anticipation of filing a motion under 28 U.S.C. § 1292(b), seeking an order certifying the Court's Decision and Order dated November 13, 2023 at ECF No. 57 for an interlocutory appeal to the Second Circuit. See generally Def. Mot., ECF No.59 . Specifically, Defendant makes this request on the purported grounds the Court's Decision and Order rests on a single issue of law: whether "the SEC sufficiently alleged that the convertible notes at issue [in this case] are, by law, 'securities.'" Def Mot. at 2. On November 17, 2023, the Court ordered Plaintiff Securities and Exchange Commission ("SEC" or "Plaintiff") to respond to Defendants' Motion. ECF No.60 . Plaintiff timely did so on November 24, 2023, setting forth its argument as to why the Court should deny Defendants' request to (1) hold a pre-motion conference, (2) certify the Court's Decision and Order for an interlocutory appeal, and (3) stay the instant proceeding. Pl. Resp., ECF No.61 . For the reasons set forth in the attached Order, Defendants' Motion at ECF No. 59 is DENIED in its entirety. Accordingly, the Clerk of the Court is respectfully directed to terminate the Motion at ECF No. 59. So Ordered by Judge William F. Kuntz, II on 11/27/2023
D_DOG
Thanks for the clarity, I knew they make the
transaction but I didn't know the entirety of
the process.
I thought they just canceled them, I didn't
know they retained them.
D_DOG
From what I've done through the years to take the loss you just need to
tell them to liquidate and close out the desired equity so it reflects in this
years tax season, this can be done right up until the last trading day of
the year
Personally I'm not doing that but everyone has their own path so if that's
what you want to do it's quite easy.
Best of Luck to Ya
D_DOG
Plus as you stated rules for the exchanges vary.
D_DOG
Agreed, there's been a lot of back n forth with mixed
up info. I still have a lot to understand with the present
situation, the entire game changed back in September
of 2021.
There are tons of uncharted waters to be sailed, often
older rules get thrown out there but the changes made
created new evolving rules.
D_DOG
Redhawk Medical Products & Services L L C v. N95 Shield L L C:
Monday, November 20, 2023
28 order Order Allowing Rule 26 Report Mon 11/20 9:20 AM
ELECTRONIC ORDER: Having reviewed the parties' Rule 26(f) Report, IT IS ORDERED that the report is found to be complete. Signed by Magistrate Judge Carol B. Whitehurst on 11/20/2023. (crt,Glasser, A)
RULE 26 OF THE FEDERAL RULES OF CIVIL PROCEDURE = GENERAL
PROVISIONS REGARDING DISCOVERY; DUTY OF DISCLOSURE
I'm pretty sure that this means that all of the information pertaining to the case
has been handed off to the judge and they accept this to be the complete list
of discovery and full disclosure from both party's.
A round about explanation, and at this point they have everything needed
to move forward.
D_DOG
Redhawk Medical Products & Services L L C v. N95 Shield L L C:
Monday, November 20, 2023
28 order Order Allowing Rule 26 Report Mon 11/20 9:20 AM
ELECTRONIC ORDER: Having reviewed the parties' Rule 26(f) Report, IT IS ORDERED that the report is found to be complete. Signed by Magistrate Judge Carol B. Whitehurst on 11/20/2023. (crt,Glasser, A)
27 order Jurisdictional Review Finding Mon 11/20 9:19 AM
ELECTRONIC JURISDICTIONAL REVIEW FINDING: Having reviewed the pleadings, and any amended pleadings, the court finds that subject matter jurisdiction exists pursuant to: 28 U.S.C. section 1331. This finding is preliminary and may be reconsidered sua sponte or on appropriate motion. Signed by Magistrate Judge Carol B. Whitehurst on 11/20/2023. (crt,Glasser, A)
RE: 28 U.S. Code § 1331 - Federal question U.S. Code
The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.
TINGS R WARMIN UP
D_DOG
You might be on to something there...
D_DOG
I get what you are saying but like I mentioned the other day lets revisit this
discussion in the future.
Say 60 days, in the mean time keep up your positive reinforcement posts
they warm my heart.
Thank You
D_DOG
Actually this was mentioned a while back and yes it is extremely relevant:
https://investorshub.advfn.com/boards/manage_msg.asp?message_id=173227951
I'm just curious as to this 600 mil share reduction that I keep reading about here
by some posters. I don't remember reading about that many shares being owed
to any lender
What did I miss?
D_DOG
I think that any company that trades on the OTC is then a publicly traded
company and still has to follow basic reporting guidelines and if not I probably
wouldn't invest in it.
That's why the Sarbanes-Oxley Act came into play many years ago for
publicly traded companies, to protect investors.
D_DOG
WOULD BE IF FOLLOWING THE REPORTING TIME LINE....
D_DOG
Personally I don't see why it would take until next year to hear exactly what is going on
with the company, they have had a new auditor listed for almost 6 months. If it's the
Q1 report that you are waiting for it is actually due today if I have my dates correct.
Their fiscal year would end on June 30th with a 90 day period and then the 15 day
once they file their NT 10-K of which would be their annual filing, that would have
been due around 10/16/23.
That is unless they decided to change their reporting to years end.
If they are waiting for results from the court cases it would make no sense if it was
the past 3 years (2020,2021 and 2022) of audits that needed to be updated and be
corroborated by their auditors then they have had more than ample time.
Even if they were waiting for 2023 10K years end that should have been filed as
stated above last month.
The results of any financial gains for the company couldn't be booked until Q2 of
their 2024 fiscal year if it is added to our coffers before years end, I do not see
that happening at this rate, I hope I'm wrong on that.
The results of those cases would have ZERO impact on past reporting being
we would be presently in Q2 of 2024, that time has past.
IMHO
D_DOG
Thanks, like I stated lets revisit this in the future and see how things play out.
I've seen a lot of crazy things happen in my life that didn't seem possible to
most people I know, but I still rather see the good rather than the negative.
I sleep better that way for some reason.
GLTY as well
D_DOG
I don't have to ask myself anything, I don't know the why's of the company's
plans or even if they have any. I have some thoughts on what the plans might
be but there is nothing available from the company.
As for the delisting it does offer something for the company for sure but I agree
it doesn't offer much for the shareholder, that is where I have to just put trust
into the company and I base that on their actions that have seen so far.
I do a lots of reading and find lots of info online that goes unnoticed for most.
I guess we'll have to revisit this at some point in the future and see if my
trust was warranted.
D_DOG
At the very least I can see a tender offer put out by the company to satisfy
some of the shareholders that desire to move on.
Especially if they receive a settlement
Food for thought...
D_DOG
Like someone mentioned before, the reason a lot of us here don't
feel the way you say, we, I have taken a lot of time to look into things
and those running the show. Yes it can go sideways with us left out
in the cold with no way of holding anyone accountable.
I personally do not see us being hung out to dry, it may take longer than
I would like but it's my money invested here and I do feel good about
the direction the CEO is going. Hey it's my money and if it does go the
route you think it was my choice to put my trust into the company.
When the award is granted and I do believe it will, I will wait to see if
my trust pays out, it's interesting that so many are so interested in helping
me with my investment choices.
Thanks for your concern and the info that you do bring to the board,
I enjoy reading everything out there that's how I learn.
D_DOG
The award is listed at over $50,000,000 US DOLLARS, at some point I see
the defendants lawyers offering a settlement that will try to minimize their
clients financial responsibility to cure this case in the eyes of the court.
The large targeted award is awesome being it gives them wiggle room to
work with, I can see them settling this for 40 to 60% of the grand total and even
at the lesser amount it will be a sizable addition to RedHawks' books.
$$$ Hell even a 25% payment would net over $12,000,000.00 to our coffers.$$$
Don't get me wrong I would love to see the full sum awarded but it's a very
large sum to pay out and the lawyers need to show that they did add value
to their client.
So with that in mind we just need to sit back and await the judges ruling, in
the scheme of things it's not going to be that long.
The judge is basically just going through the motions, the arbitration award is
clear and easily defined in black and white, the judge has an easy job here.
D_DOG
I like 99.99% of every shareholder is a little set back as to the lack of any
updates from the company. On another note the 8K's have had a lot of clear
hints as to what is ongoing, reading between the lines and following the
ongoing legal cases gives me a different feeling as to the why's of our
present situation.
With that we are left with the reality of our present updated situation that
prevailed the other day. Some are very animated to show the negative side
but fail to see the ongoing cases will have a major upside affect once they
get their final ruling. With the N95 arbitration case I see a huge upside once
resolved.
The cards are dealt with IMHO Redhawk holding a 10 of diamonds, a jack
of diamonds, a queen of diamonds along with a King of diamonds with
one card left and it is a red ace.
Yes I do think the company has a very good chance of benefitting in a big
way from that particular case, they did a very good job writing their contract.
The ongoing case is not there to be judged for it's merit:
(that has already been confirmed by the arbitration judge)
It is in the court to confirm the arbitration award, not to decide it's validity.
The contract was agreed upon by both parties upon with the signature of
each party involved:
"The factual findings that follow are necessary to the award. They are derived from admissions in the pleadings and the testimony and evidentiary exhibits presented at the hearing. To the extent that these findings differ from any party’s position, that is the result of determinations by the arbitrator as to credibility and relevance, application of the burden of proof and other legal principles, and the weighing of the evidence, both oral and written.
On June 22, 2021, RedHawk and N95 Shield entered into the Sales and Purchase Agreement for the sale of 500 million "3M™ Health Care Particulate Respirator and Surgical Masks 1860, N95 120 EA/Case 3M Product Number 1860." Ex. A, at 1-2, 10; 2/22/23 Tr. at 13-15 (Klug testimony). Under the terms of the Agreement, within one business day following "execution and exchange" of the Agreement, N95 Shield was required to deposit $9.5 million into the Moseley & Lester Escrow Account. Ex. A, at ¶ 3.2. N95 Shield failed to make the deposit within one business day of June 22, 2021. See 2/22/23 Tr. at 15 (Klug testimony)".
With that I do see a nice monetary gain for Redhawk once the dust starts to
settle a little, the time frame to watch is coming up in two weeks on Dec. 1, 2023
with a conference call to help with some of the dust.
Tuesday, November 07, 2023
21 order Order Setting Scheduling Conference Tue 11/07 9:21 AM
ELECTRONIC ORDER:A telephone scheduling conference is set for 12/1/2023 at 10:00 AM by phone before Magistrate Judge Carol B. Whitehurst. In preparation for the teleconference, the parties shall exchange initial disclosures and file a joint Rule 26(f) report into the record on or before November 19, 2023. During the teleconference, the parties shall be prepared to discuss the status of the case, any issues requiring the Court's consideration, and the scheduling of pretrial conference and trial dates. The parties will join the teleconference by dialing 877-336-1839 and entering access code 2869540. Signed by Magistrate Judge Carol B. Whitehurst on 11/7/2023. (crt,Glasser, A)
D_DOG
Redhawk Medical Products & Services L L C v. N95 Shield L L C
I guess in the legal world the defendants lawyers must at least try
to get their case vacated, kind of a SOP I guess.
Friday, November 17, 2023
26 notice Notice of Motion Setting Fri 11/17 2:52 PM
NOTICE of Motion Setting regarding:25 MOTION to Vacate Arbitration Award . Motions referred to Judge David C Joseph. (crt,Crick, S)
25 motion Vacate Fri 11/17 2:00 PM
MOTION to Vacate Arbitration Award by N95 Shield L L C. Motions referred to Carol B Whitehurst.(aty,Lorrain, Adrien)
Att: 1 Memorandum / Brief Respondent's Memorandum in Support of its Motion to Vacate Arbtiration Award and Incorporated,
Att: 2 Exhibit 1-Articles of Termination
24 misc Rule 26(f) Report Fri 11/17 12:33 PM
Joint RULE 26(f) Report by Redhawk Medical Products & Services L L C, N95 Shield L L C.(aty,Welborn, Jason) Modified on 11/17/2023 to add filer and modify docket text. (Crick, S)
Att: 1 Exhibit A
D_DOG
Curious, Are you referring to me there sweet cheeks?
Oh this is personal, that makes it OK. I guess
That's not the way I roll, never cared much for
dancing, especially on graves.
Spirits might come back to haunt me and pull
me down.
Life is tough enough
D_DOG