Here is some free legal advice for Paul Batista since he is obviously clueless as to what the real position is:
The terms of the Senior Secured Note explicitly negate a jury trial.
There was never a Joint Venture formed between Smart Win and Empire Energy.
It is Smart Win who brought the action and are the Plaintiff and they are obviously pressing for a decision either by summary judgement (the quickest resolution possible) or a trial from the bench.
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