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Charles what filing are you looking at? and who filed that?
https://www.legacy.com/us/obituaries/timesunion/name/lee-wedekind-obituary?id=26997319
btw...Lee is a 3rd so you might be looking at when his Grandfather passed?
Charles....as you know it was "Lee D.Wedekind III " that filed the three document
on 11-06-23
I believe there will be an extension in time granted to HDC. Now how that may
play out with HDC filing paperwork and us trading again remains to be seen but
it appears "Lee" is still representing us in Georgia Court.
Do understand we could see HDC file their 10-k etc but still be locked out from trading.
It will take action from the OTC aside from SEC.
Rule 25 _____________ 2023 addition
a) Death.
(1) Substitution if the Claim Is Not Extinguished. If a party dies and the claim is not extinguished, the court may order substitution of the proper party. A motion for substitution may be made by any party or by the decedent’s successor or representative. If the motion is not made within 90 days after service of a statement noting the death, the action by or against the decedent must be dismissed.
(2) Continuation Among the Remaining Parties. After a party’s death, if the right sought to be enforced survives only to or against the remaining parties, the action does not abate, but proceeds in favor of or against the remaining parties. The death should be noted on the record.
(3) Service. A motion to substitute, together with a notice of hearing, must be served on the parties as provided in Rule 5 and on nonparties as provided in Rule 4. A statement noting death must be served in the same manner. Service may be made in any judicial district.
(b) Incompetency. If a party becomes incompetent, the court may, on motion, permit the action to be continued by or against the party’s representative. The motion must be served as provided in Rule 25(a)(3).
(c) Transfer of Interest. If an interest is transferred, the action may be continued by or against the original party unless the court, on motion, orders the transferee to be substituted in the action or joined with the original party. The motion must be served as provided in Rule 25(a)(3).
(d) Public Officers; Death or Separation from Office. An action does not abate when a public officer who is a party in an official capacity dies, resigns, or otherwise ceases to hold office while the action is pending. The officer’s successor is automatically substituted as a party. Later proceedings should be in the substituted party’s name, but any misnomer not affecting the parties’ substantial rights must be disregarded. The court may order substitution at any time, but the absence of such an order does not affect the substitution.
https://www.federalrulesofcivilprocedure.org/frcp/title-iv-parties/rule-25-substitution-of-parties/
Newest Georgia Court Document #74 1:20-CV-03386-VMC Filed 11/06/23 (5 pages.)
--------- NOTICE OF DEATH --------
Nominal Defendant Health Discovery Corporation, pursuant to Rule 25, Federal Rules of Civil Procedure, hereby provides notice that defendant George H. McGovern, III passed away on July 3, 2023
_________________________________________
CERTIFICATE OF COMPLIANCE <<<<<< Not important.
_________________________________________
CERTIFICATION OF SERVICE
This is to certify that I electronically filed the foregoing Notice of Death with the Clerk of Court using the CM/ECF system, which will automatically send email notification of such filing to the following attorneys of record.
I'm not going to list the attorneys as everyone here is fully aware already.
_____________________________________
My comment further... (d) PUBLIC OFFICERS; DEATH OR SEPARATION FROM OFFICE. An action does not abate when a public officer who is a party in an official capacity dies, resigns, or otherwise ceases to hold office while the action is pending. The officer’s successor is automatically substituted as a party. Later proceedings should be in the substituted party’s name, but any misnomer not affecting the parties’ substantial rights must be disregarded. The court may order substitution at any time, but the absence of such an order does not affect the substitution.
Of course you can be correct I just read things a bit differently, oh correction accordingly, due to the following, it appears that Marty lost out on 6 months of salary so that would bring back pay to $75k owed to him. Now here is his Marty's resignation email as follows
George:
I hereby resign my position as President, COO and director from Health Discovery Corporation (“HDC” or the “Company”) effective immediately.
After twelve years of association and employment with HDC, the grave decisions you seem to have made unanimously on behalf of the Company and its shareholders require this resignation. Because the Company has not held a board meeting for almost six months, these decisions appear to be yours alone.
As you are keenly aware, I disagree with you on many strategic and operational decisions you have made. These include, but are not limited to, matters regarding litigation with Intel and Vennwest, withholding wages owed to employees, and refusal to pay vendors in a timely manner if at all. This list is not meant to be exhaustive and there are considerably more disagreements I have with your decisions.
it is a travesty that I must make this decision to resign, but your actions leave me no choice. Regardless of my decision, I retain the right to indemnification afforded to all officers and directors for their tenure at the Company as well as rights for wages owed.
Sincerely, Marty Delmonte
Marty is stating a mouthful in his resignation email.
I believe Dr. Dent has not given up on that "Forever Movie" to state the least but that is just my sincere tabulating. I don't see how that is going to do much but I'm not management. I just don't see him giving up.
Marty's back pay may range between $150K to $300k, total options at one time if exercised upwards 10 million shares. His remaining options if he hasn't exercised them are roughly 4.5 million shares. He has also been around the company since 2010 which leads me to believe he had preferred shares at one time.
Now I didn't check to see if Marty was in on any of those series D shares but off hand I doubt that maybe contributed money/loan but I doubt that too.
Repost from October 31st ...As a result of the mediation on October 26th 2023 the following is as such..........
Accordingly, the Clerk is DIRECTED to reopen the case. The parties are DIRECTED to submit any dispositive motions by December 4, 2023 . if none are filed, the Parties are DIRECTED to file a Consolidated Pretrial Order by December 18, 2023,
SO ORDERED this 30th day of October, 2023 Judge Victoria Marie Calvert, United States District Judge.
Good morning in nowhere land? Anyone still breathing?
Because after de-listing should that come to pass a place to post/pm message is far better than a bombardment of personal email and their emotion that may twist on you. This way a boundary is setup yet people can vent, post PM freely without a website deleting or additional interference.
My past experiences without a doubt fully know ...that it is being felt already.
I gather or should I feel, maybe some believe the message thread they are corresponding in will simply disappear and or lose contact information from others. As I indicated I'm just make sure that they have a clear path to post later should any of these websites shut down HDC message threads. Like I said prior I would enjoy making some good money in HDC but I also value people and other friendships aside from money.
Charles...not necessarily IHUB if one wishes to have free unlimited post/pm 24/7 without having posts removed. 🐺
When and if HDC does have a new CEO you will most likely see it in a press release before Georgia Corporation website as follows.
https://ecorp.sos.ga.gov/BusinessSearch just enter "Health Discovery" in the search and you can move around as you wish.
Upper/lower case letters doesn't matter.
You can use the control number too 07059175
No doubt I have a way with words? 😬 ... I was reading messages over on Yahoo and some were afraid that if HDC does get totally de-listed that they won't be able to post messages in the threads they were used to. I can help with that if that happens sometime in the future. Seems December is the so called D-date.
No, thread would not be on IHUB it would be elsewhere so people can post or pm all damn day, FREE.
Charles, at the end of November if you strongly feel a different message board is needed to have investors express themselves just let me know as I'll explain a few important details during happy hour here, again at the end of November...actually, December 1st is a Friday.
OK, on 2-17-23 during Texas Zoom meeting, Judge Albright, our attorney Mr. Flachsbart and Ms. Sarah Piepmeier - Intel, upon closing of the zoom session she mentioned to Judge Albright that the two parties already had a time and a place to meet to discuss "discovery". (this is a clear FACT)
OK, let us look at the reason(s) for a delay with the Eagle not laying a golden egg for us?
"Maybe royalty tabulating", yet what would be the reason not to mention in 8-k? Royalties where the minimum that HDC wanted from the discussions and of course if a jury trial took place HDC would ask for much more.
tryn2makamil ...was a good guy that had hope but had to cash in what he could years ago. He was with me over on RB. So much for penny stocks I mean if we play in these expect 99.9 percent to fail plus the last one out gets stuck holding the bag.
Well the only thing l can think of, we have a pending buyout with Intel which will be seen when HDC finally files. In that case as long as the shares price/worth is beyond or above where Vennwest complaints fall he might strongly consider drop his lawsuit....this appears to me just wishful thinking but if it pans out or anything good I'll be able to trade stocks again.
Alan...that doesn't seem to fit well when considering the attorneys were working under contingency but when does that fall apart? Could the contract bare death of the CEO to enable attorney's choice to further control direction or closure?
Don't forget tomorrow.... https://www.nascar.com/nascar-cup-series/2023-playoffs
....
It just doesn't look good and believe Dr. Dent is in transition with HLYK as we can't continue with a mom and pop business and stay invested. I'm sure he is fully aware that change is needed badly but what direction and at what cost? Dent will end up with the medical operations as he did when he started Pre- NeoGenomic.
Damn shame Terry passed?
Alan I hate to butt in but
re: All of this testimony would be developed during discovery, and I have seen no evidence that HDVY did the work (nor could afford the work) necessary to develop this evidence.
Would not HDC attorneys handle that, these guys were not from a mom and pop law firm.
Zenos...I sure hope we end up at least breaking even but what a long haul we have been through.
Now this isn't to be taken in bad light but I recall stating in the thread over on RB that I over heard something/someone from Pennsylvania was trying to harm the company. I sincerely don't remember any of that except it was involving Pennsylvania. Way back from conversations with someone on RB Barnhill thought it was important, and the information was an important too? ...enough so for his attorneys to contact me. Now had I not had such a problem with that other earlier investment I would have returned Barnhill's request as I had no problem with talking to Barnhill or the attorneys in general but my prior trading experience coupled with a bad prior CEO said talking with Robert Braswell was as far as I wanted to go. I have wondered who in Pennsylvania was Barnhill concerned with? I was close with Chazzy but I can't put my finger on the time frame this all transpired. I did a shareholders count and even had the officers share count confirmed before Dr. Barnhill came on board. It was so cool back then when people trusted people I even had email of their shares and explained all the emails would be destroyed. Seems trust now days is not even worth a 2 dollar bill.
At any rate I still enjoy everyone that posts (everyone) and that is worth a smile, no doubt I talk off the cuff or is that the shoulder and nothing is hidden. I do need this to play out to recoup my ROTH because I like these penny stock hopefuls. This is the end of my ROTH meaning I get to still trade as a result or not from this stock but just watching isn't fun.
Damn I'm having a harder time spitting out words today.
Buylow...I was just figuring 900 Million AS ÷ 100 = 9,000,000 Sh x $35 = $315 million settlement.
Forget about our attorneys 🤠
17 hours ago Yahoo message board.......
Joe
Shareholder communication has always been a disgrace.
1 hour ago
Cathy
In all the years I've owned shares, this Co, has never provided us with information about any major or even minor events in the company. This shows a total disregard for the share holders. If everything should go south, we should ask for a investigation by the SEC.
9 minutes ago
Joe
No doubt Cathy. No respect for shareholders
I third that as to respect but investigation? Look we are on the expert market and I explained that the OTC will examine HDC. Remember they/we are in a protect mode and they (OTC) also have a check off list that HDC might be required to reach. This is why I stated months ago that just because we may see a 10-k filed it doesn't mean we will be released for trading as we once did. Also recall when OTC contacted HDC there was no answer. Website was shut down, gather business address. I gather phone line too so how does that look in the sees of the OTC.
Yes indeed I do play the lottery too.
Charles...now remember neither party want to go to a trial, and no doubt a jury trial may have played well for us HDC shareholders but most of us are on the outside of knowing the truth.
Alan, I believe so too but even you are a bit more positive referencing possibilities involving HDC than myself.
Zenos...you and I go way back involving RB boards and of course consider you a friend and a professional. I recall hearsay back when I was somewhat close to a CEO and the result of that coupled with failure of that company along with my $480k investment almost cause me being sued by investors that thought I was on the inside of everything. This is why I never talk with CEO or company officers however I did talk with Robert Braswell involving HDC but no other offices in HDC however, when Barnhill wanted to know of something I over heard somewhere his attorneys phone me but since that mouse trap effect involving a company investment prior to HDC the skin on my back chilled with shivers. So what I see in filings are as such and hearsay is only as such and nothing more and I will not be placed in that circumstances again. As for HDC therE is no good reason why they can't say something as to some intent...I mean they can ride behind a disclaimer like Mr. Fromholzer. I mean no disrespect in saying that referencing the de-parted, but the remaining people in HDC need to express something and not through people and friends if that could even be. Been there done that and it can be extremely painful.
What do I hope for all of us, a damn huge payday or 1 share of Intel stock for every 100 shares I own of HDC, and to also see other shareholders here smile too.
Look at all the years we spent fighting, mainly "ownership" and trying to "kill patents". Sure, it isn't fair and it's a bunch of BS but that is the system. Once all that was completed it was finally brass tacks and the "discovery phase" may have failed and everyone just tried to back away like a mouse in a house on Christmas Eve.
Zenos....why do we have a discovery phase in the court proceedings? Isn't that directly to show the proof on what HDC can prove or not?
My take on that phase is if HDC has very little they could prove then damages would be hard to tabulate in dollars. Did Intel agree with HDC or did HDC agree to what Intel proposal.
As for BQ when the agreement between BQ and Barnhill that BQ was to leave he left with what? and part of that he was not to try and influence (for lack of a better word) HDC in any way. BQ did not do as such did he? He also worked his way back into management if you recall. George seen all this since he was invested in HDC since 2007and even Marty was in the background. George was in on preferred shares way back. So I recall that George would NOT allow BQ into his management area. George remembered all too well about the ping pong master
The Discovery Process in Lawsuits
If a lawsuit gets past its ""initial stages"", the plaintiff and the defendant will go through a period of discovery. This involves asking the opposing party or other people to provide information that would not be publicly known or readily available to the party seeking it. Discovery allows each side to build evidence for their arguments at trial. It also can help narrow the case and streamline the process by focusing the litigation on the issues that are actually disputed. Generally, anything that is reasonably likely to lead to discoverable evidence can be sought through discovery. .and HDC got $2.5 million dollars.
Zenos....the long fight sucks and only proved the patent is owned by HDC however would you not agree that if HDC had Intel by the balls and expected say $300 million on upward that Intel would chime/rebuttal at least once? This is the area that troubles me most. Now let me express and the BS over the years was fighting to prove or dis-prove who owned the patent(s). It was even carried further and even within the Federal court Alice and her step sister case was terminated for what reason? All sides backed away and again if HDC won a big deal Intel would have argued 1 more time but they did not. Now looking at...say not much within the discovery phase would be a huge embarrassment beyond imagination and how proud would the attorneys be and how proud would HDC be to provide news that they are processing re-listing and also interim CEO. Those two events have nothing what so ever with the Intel settlement unless Intel buys the entire corporation.
I see with Vennwest not being weened off by no agreement and a damn 12 minute ZOOM meeting with telling Vennwest to go and pound sand seems to be more than harmful or is it? anyways, at who's expense!.
So who paid HDC to defend against the aggressor, BQ, or shall we say ping pong master?.
Well, there is that nasty 4 cent mark again
HDC has been in a position to sit on the crapper and play musical chairs not allowing us to sit on the crapper. It is about time for HDC to finally get off the crapper so we can finally use it or cash in our stock so we can buy a new crapper for our own homes instead of having to use the damn outhouse.
Chazzy, it would be nice to salvage my ROTH but being practical just won't happen. I find it strange that the few of us that are left - that still post can't see with HDC not giving us the time of day that they really don 't care about share price or any of us. HDC has been done for years yet we see several that post on boards and even a few longs thinking HDC will rise from the ashes and commence foreword in business. My GOD we would need much more another 5 patents and real management not to mention a hell of a reverse split. I see the main problem with investors such as us is the inability to place ones self in a neutral positions and look at everything. If that can be accomplished then eyes will open. I'm there but HDC wishes to drag this out for themselves not us.
You see....when and even if auditing takes place and Colleen/Ed must hand over all the back loose paperwork do those two know or able to say bills were not paid or we just don't know or know where that stands? There may be many claims? So after either ED or Colleen decides to stand up to be an interim CEO and signs off the paperwork for the Audit and once the auditor is done what in the world do you think the auditing company is going to say in the 10-k report(s)? ...and when the OTC reviews the 10-K I feel positive that the OTC will not allow HDC to trade.
Charles...now this is terrible to say but is it possible that HDC would do all they could to file the 10-K fully knowing that the OTC will never give HDC a green light and HDC has/or is counting on that to try and blame the OTC over not letting HDC ever trade again...that way sooner or later a bankruptcy 🤣 smile on their face.
I really don't see us trading again and furthermore truly believe Vennwest will hammer HDC if it still makes a trail date. It is a shame to feel this way but we just have a curse upon HDC that seems to never end.
A simple shareholders note/letter just seems to be beneath them , they wouldn't want Vennwest to see HDC bow down to us shareholders.
Charles...... re: I can tell you that George McGovern would NEVER have wanted to see "his family and circle of close friends" who, upon his encouragement, invested quite heavily in HDVY, suffer any kind of catastrophic loss.
_________________
May I offer what some investors said about how George responded to them during one of our past shareholders meeting
May I offer who does and who doesn't own series "D" shares
and to state the least George said he would have never would have become CEO had it not been for Marty coming on board with him so what did George do to Marty for Marty to leave his friend who doesn't have "D" shares and did not want to participate in those money raising deals
Some type of acknowledgment by management is far over due and shameful furthermore, respect management as they set the example for shareholders
I believe if HDV struck a deal/settlement with Intel much higher than the $2.25 that they would have deminstrated some type of press release about carrying onward with additional lawsuits with infringers.
There has been NO happiness forth coming except maybe Mr. Fromholzer great experience might be the fact that he is somewhat removed from being a director in HDC, why would I say that? OK, let us say you that are reading this, place yourself as being Mr. Fromholzer and seen a large settlement in the company you are a proud director why would you leave now but if HDC was not as successful it might be time to again to lighten up the director load. Also worth mentioning HDC if they were to continue as an ongoing concern might play well involving relisting HDC; You could also think that HDC was allowing for director(s) from Vennwest to join HDC but we know that is a crock since HDC continues the fight at the Alamo.
It is clear about that fight between Vennwest and HDC but maybe until one looks at the settlement money as being all we get it becomes clear. First all us shareholders are dead to HDC and believe HDC will file bankruptcy on timing of course events so in the near future we need to try and locate such bankruptcy filings on PACER etc. HDC (in my opinion) is strictly and only surviving to obtain those "D" shares involving those loans. Once HDC's attorneys are convinced (my opinion again) HDC will then file bankruptcy. That will dump all existing common share shareholders. Now depending how all this plays out I doubt HDC wants to wheel and deal in addition to the $2.25 million from the Intel suit to also buy the remaining patent(s) or license them if HDC were to resolve bankruptcy in a timely manner however, could HDC go private after the shareholder dump-a-roo?
I would love to hear other thoughts especially positive ones.
When I get back as we are headed out right now and if you would like me to place any of your personal information in this thread for a 5 second flash for him...when I know he is online I will post your number and deleted within the next few seconds, guaranteed.