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Thursday, 10/10/2019 4:48:38 PM

Thursday, October 10, 2019 4:48:38 PM

Post# of 5558
I have read the four new documents that Greendolphin mentions in his previous post. I am not as confident as he is that the news is all good for IVDN.

I have downloaded these documents and hosted them in an AWS S3 bucket so that all of you can access them free of charge. You are free to read them and form your own opinions.

IVDN's motion to strike is here: https://ivdn-pacerdocuments.s3-us-west-2.amazonaws.com/IVDN_MotionToStrike.pdf

The FTC's response is here: https://ivdn-pacerdocuments.s3-us-west-2.amazonaws.com/FTC_OppositionToMotionToStrike.pdf

IVDN's reply is here: https://ivdn-pacerdocuments.s3-us-west-2.amazonaws.com/IVDN_ReplyToOppositionToMotionToStrike.pdf

And the FTC's final reply is here: https://ivdn-pacerdocuments.s3-us-west-2.amazonaws.com/FTC_SurReply.pdf

Much of the discussion revolves around not whether Yarborough's testimony is accurate, but whether it is legally admissible and the various precedents and court rules that govern if and when such testimony can be struck, and the requirements for such testimony to be considered by the court.

I am not a lawyer and have no legal expertise. However, reading these documents, it appears to me that the FTC has a better case than IVDN does. (That is, as far as these four documents go. I have not seen/heard/read any of the testimony in the case itself.)

Note that this is not a criminal case where "beyond a reasonable doubt" exists. This is a civil case where "a preponderance of evidence" is the standard of judgement. (Or so says the guy in the desk next to me who just sat the bar exam.)

I sincerely hope IVDN wins this case. I have many, many shares of IVDN and am not unloading them. But I think that GD's optimism may be a little unwarranted and that each of you deserves the opportunity to see the documents involved firsthand.
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