Greenshift Corporation (GERS)

[Slashnuts]

GreenShift Fights Back...

STROOCK & STROOCK & LAVAN LLP New York ? Los Angeles ? Miami ? Washington, DC
180 Maiden Lane, New York, NY 10038-4982 ? T. 212.806.5400 ? F. 212.806.6006 ? www.stroock.com 2
NY 77763146


Mr. Peter R. Marksteiner
Circuit Executive & Clerk of Court
U.S. Court of Appeals for the
Federal Circuit
717 Madison Avenue, N.W.
Washington, DC 20439

Re: GreenShift Corp. v. Big River Resources Galva, LLC,
Nos. 16-2231, 17-1838, 17-1832
Plaintiffs-Appellants GS CleanTech Corporation and GreenShift
Corporation

Dear Mr. Marksteiner:
I am writing on behalf of Plaintiffs-Appellants GS CleanTech Corporation
and GreenShift Corporation (“CleanTech”) as lead counsel and arguing
counsel in the above captioned appeal. For the reasons detailed below,
CleanTech opposes Mr. Weyrauch’s request to designate the October and
November dates for Oral Argument as scheduling conflicts presented to the Court on August 15th. Dkt. 142.

1. Mr. Weyrauch’s has not shown that he has first requested a
continuance of his trial dates from the court in Oregon to avoid a
conflict with the October or November dates identified by the Court
as potential dates for oral argument.

2. In his Statement of Good Cause, Mr. Weyrauch identifies discovery
and pre-trial deadlines and not court appearances. Mr. Weyrauch
fails to explain why others in his firm that are listed of record in the
Oregon case are unable to handle the matters in the Oregon case, and
he must do so.

3. Mr. Weyrauch is counsel for some of the Defendants-Appellees. Other
counsel for Defendant-Appellees, including Michael Buchanan and
Spiro Bereveskos have also filed a Notice of Scheduling Conflicts,
indicating that each is Arguing Counsel. See e.g. Dkt. 126, 133.
CleanTech has been under a cloud for several years, based upon the
finding of inequitable conduct by the District Court that is an one of
the issues on Appeal. It is simply unfair to Appellants for the Court to
delay this case each time one of the Defendants-Appellees’ counsel
may have a conflict with a potential date that has been identified as
being a date for oral argument.
For each of these reasons, CleanTech request that Mr. Weyrauch’s
Conflicts for Oral Argument in October or November not be accepted by the
Court.

Respectfully submitted,
s/ Steven B. Pokotilow
Steven B. Pokotilow

cc: All Counsel via ECF filing

https://drive.google.com/file/d/0B_ch8gAs4lCcTlhFVzF1TkpwT2c/view

Skunk is on a roll...

http://greenshift-gers.blogspot.com/

Good Luck To All!$!$