KEY_TAKE_AWAY_FROM_INTERVENER_CASE_"STEM_CELL_BANKING"_ISSUE !
I caught this wording too - VERY KEY IMO, sorta hit me later as I was trying to replay that one in my head. Can't wait for audio to be posted tomorrow so I can relisten to both hearings a 2nd time and parse/check some of the direct lines of questioning.
These panel judges - know it's not just the 50 or so who FORMALLY LEGALLY FILED, but that Ungaro was sent 100's and 100's of letters, and lodging complaints to the court and the Appellant court !
100's if not close to 1,000 if I'm not mistaken- thus these appeals judges "get it" that a lot of people are passed pissed off about all of this by the FDA and one, one judge in FL !
But in the "Ungaro ORDERED OUR CRYO PRESERVED AND STORED CLIENT'S CELLS DESTROYED AS ADULTERATED DRUGS AND OUR CLIENTS NEEDED THOSE CELLS, NOT KEPT FROM THEM, THEIR PROPERTY FOR OVER A YEAR NOW" - it got real interesting.
The judges "in general" I believe saw this as a NO BRAINER and there of course has/had been a "stay" issued that kept those cells from being destroyed, BUT the rightful owners STILL TO THIS DAY can not get them, reach them, take possession of them etc.
THANKS ALL TO THE JACK BOOT OF THE FDA, Judge Ungaro and the stupid claim "THEY ARE ADULTERATED DRUGS".
NOW - one judge did bust the balls a bit of the one interverner attorney on a "technicality" essentially about, "Yes, we get it that it's THEIR PROPERTY, THEIR CELLS and they want them. BUT, your complaint did not specify damages or relief beyond just they took our property, and wrongfully so. So, as to the THEY CAN NOT USE THEM and HAVE BEEN DEPRIVED OF USING THEIR OWN STEM CELLS FOR A YEAR OR MORE, why didn't you write that in your complaint?"
BOTH attorneys respectfully replied, "Your honor, our clients were BLIND SIDED BY THIS and Ungaro was talking about a matter of HOURS TO HAVE THE FDA DESTROY THEIR PROPERTY, THEIR BANKED CRYO STORED STEM CELLS"
And then those two attorneys basically said, "LOOK, we didn't have time to write a full, tell all, wish list mega complaint - we were in the heat of battle and just trying to survive and STOP THE CELL DESTRUCTION, you go with what you got your honor, respectfully I hope and think you can see that".
The judge then mellowed a bit AND HERE IS THE KEY TO ME, AS IN ANOTHER "TELL CARD" flopped down on the poker table of this case:
That judge, he replied (sorta under his breath, or just quiet and a bit hard to hear) he said essentially, "WELL, THEIR CELLS AND PROPERTY WERE NOT DESTROYED AND NO ONE IS GOING TO DESTROY THEM NOW, SO IT'S NOT AN ISSUE" - like that !!!
Wait, wait, what ???????
IF THE FDA HAS "WON THIS CASE" then BY LAW any and all, "ADULTERATED AND/or MISLABELED DRUGS" Drugs, Drugs, Drugs, are what- they are up for INSTANT DESTRUCTION, as in INSTANT UNDER NOT ONLY FDA LAWS but states laws, Federal laws - all sorts of laws.
DESTROY ADULTERATED PHARMA DRUGS or so called MISBRANDED DRUGS = THE LAW - you don't wait around, let alone say, "NO WORRIES, THAT'S NOT GOING TO HAPPEN" !!
I sort of missed it until thinking it over here for a while - why would the judge say that unless "he knows" in his decision he is NOT GOING TO CALL THESE CELLS "ADULTERATED DRUGS" or "A DRUG" or "MISBRANDED DRUGS" which is the crux of thee entire FDA case and everything it hinges on????
Again, that judge said to those two plaintiffs and especially the one gentleman (he's obviously Jewish, bottom of the screen as he was wearing his Yamaka and seemed totally on his game on this case IMO) -
That judge again (near word for word) said, "WELL, YOUR CLIENT'S STORED CELLS ARE NOT BEING DESTROYED AND THEY ARE NOT GOING TO BE DESTROYED so it's not a problem or issue now" - WHAM BAMM !!!
I sorta missed what it likely means - how, how if they are "ADULTERATED DRUGS" per the entire FDA CASE would THEE COURT not allow the FDA per numerous codified sections of law to MOVE FORWARD AND DESTROY THEM ????
Judge's only "technicality" was "I'm not sure this is the time or place for monetary damages or redress for being deprived of their use for so long, but they are not going anywhere and are not going to be destroyed" = SIGNAL, SMOKE SIGNAL AND TELEGRAPHING THE CASE IMO !!!
Good day - we closed at .04 on SOLID VOLUME AGAIN, this thing is busting $300K per day now, and what, like 7 or 8 million shares a day traded when it was DEAD only 30 short days ago.
I'M LONG AND HOLDING - CA case + this appeal IMO !!
