Decision Diagnostics Corp (DECN)

[nonsequetor]

MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 11/14/2017. Due to a conflict with the Court's calendar, IT IS ORDERED that the hearing set for November 17, 2017 at 10:00 AM is vacated and RESET to December 7, 2017 at 11:00 AM in LV Courtroom 7D before Judge Richard F. Boulware, II. The hearing will address the following:67 MOTION for Summary Judgment, 68 SEALED MOTION to Seal Exhibits and70 MOTION to Seal Exhibit. (no image attached) (Copies have been distributed pursuant to the NEF - BEL)

https://www.pacermonitor.com/public/case/10960512/Pharma_Tech_Solutions,_Inc_et_al_v_Lifescan,_Inc_et_al

There have been a few "thoughts" on this...

the consensus is that the judge was not ready and the later date is a sign to J&J that the judge may just believe that J&J tried again to dupe him. Sometimes judges, as busy as they are, don't read the pleadings carefully and rely on their clerks (smart law school grads looking to move up in the world quickly) So to be safe he is taking a few weeks more. A fellow you don't knoe, Mr. Sensitivity thinks that when the judge went to his clerk and asked for the state of the case, the clerk said something to the effect that "... judge these people are asking for $400 million and J&J hasn't defended this well at all..."

As they used to say in the Twilight Zone. "There is a sign post up ahead..."

The consensus by court watchers with the J&J case is that the hearing was moved because the judge wasn't ready. I was informed by court watchers that J&J's performance was so feeble and their main defense had been crushed in a deposition of the J&J expert, and that they had put on almost the entirety of its defense and in the end they had none.

The judge would then be forced to rule against J&J on November 17 and as these court watchers point out, the case would be pretty much over. And judge Bouleware being a young judge without a previous "judgely" portfolio, the last thing he needed was for a Fortune 25 to overturn him on appeal. So he is going to take 3 weeks to beef up his eventual ruling.

What is the sign post you ask? The sign post is that J&J are not dummies, even if they have no case. The court watchers believe that J&J will approach the judge and try to delay the hearing.... perhaps until next March.... and if this happens court watchers believe this case is over, although there will be a lot of shouting and a lot of smoke.

Grasshopper, J&J understands that everyone that competes with them understands that they are total charlatans and scumbags. They are also deviously smart. They know as well as everyone else that the trial judge doesn't have a conflict this Friday, even though he said so. This was the only event on this judge's calendar. So J&J concludes as the party that made the Motion, just like Mr. S did, that the judge kicking the can down the road for three weeks will not be good for them. So by delaying the hearing until January 2018, even after they were granted one delay already from October 5, 2017 until November 17, 2017, helps them not at all unless delaying the inevitable is a good reason. So, J&J must have something else in mind, and by the way I now believe J&J will ask for a delay until April 2018, not January. And the reason they will give is that there are holidays, and then early 2018 trials to attend to, and of course this is such a little matter and DECN are scumbags like they are portrayed on public forums. But there is another reason J&J needs to delay further, and that is because they actually fear the inevitable, perhaps not $400 million worth, but certainly $75 million (Mr. S's number).

J&J intends to try to buy 18 months, not 30 more days or 8 more weeks. And since I feel to my toes that the judge has made up his mind, J&J is playing their last pre-appeal card.