It has been repeatedly posted that the Federal Court Judge Ungaro in her order of last year in the federal case against IFUS and Supreme Energy that she labeled MW a “smuggler”.
This is absolutely not true. In a foot note from her order found on Pacer this is what she said.
“ In reviewing the Amended Thirty Party Claim, it appears that Supreme Energy attempted to smuggle in a new claim arising under section 20(a) of the Exchange Act. In the initial Third Party Claim, Supreme Energy did not allege this claim. Nothwithstanding the fact that this Court finds a claim was insufficiently pleaded, Supreme Energy did not seek leave of the Court prior to alleging this claim. Accordingly, this Court is sua sponte dismissing Count II in Supreme Energy’s Amended Third Party Claim. “
In the interests of being accurate and based on the foregoing excerpt from the order itself, found on Pacer, it think it would be fair and reasonable to conclude that any prior posts citing Judge Ungaro as having called Marc Walther a smuggler are totally inaccurate and deliberately misleading.
Given that the then attorney of record should have known to seek leave of the court to file such a claim can hardly fall at the feet of the client. How can a client possibly know what and what is not allowed. That’s why unfortunately we have to rely on lawyers. If they screw it up, we as clients suffer.
But in any event, Supreme, via its attorney, was accused was trying to smuggle in a claim … I am sure it is a tactic used all the time. Marc Walther was not mentioned whatsoever.
