The brief is in the hands of the Commission. Vexing that you can't see it, eh? But no worries. It will eventually be seen.
As to your other comments....
This supposed "boiler plate language" you refer to is pretty powerful!!:
From Foelak's ridiculous ID ruling:
"B. Allegations and Arguments of the Parties
The OIP alleges that Digital Brand’s securities are registered with the Commission
pursuant to Section 12(g) of the Exchange Act and that Digital Brand had not filed any required
periodic reports since filing a report for the quarter ended May 31, 2015.
III. CONCLUSIONS OF LAW
By failing to timely file required annual and quarterly reports, Digital Brand violated
Exchange Act Section 13(a) and Rules 13a-1 and 13a-13.
In conclusion, the violations alleged in the OIP are proven. "
The allegations in this OIP were proven with these statements!
As to the "boiler plate language" in the latest SEC Board of Commissioners filing?:
This appeal raises issues as to which we have an interest in articulating our views and important matters of public interest, including the proper application of the standard that governs determination of sanctions in a Section 12(j) proceeding.
Furthermore, Digital Brand has not shown that the material facts are indeed undisputed, including as to compliance with the requirements for reporting ICFR and those relating to the provision of interim quarterly financial information.
I'd say that the language is pretty strong and absolutely NOT just boilerplate....I'd say it's right to the point!
The Board is VERY INTERESTED and want to "ARTICUALTE" its viewpoint on WHY Foelak didn't properly apply the standard of sanctioning! Since they already heard her BS line of "all other issues were considered and rejected", and STILL granted the Petition for review? I'd hazard a guess that the Board DOES NOT AGREE with her viewpoint!!
And that line that comes right out and says that DBMM HAS NOT SHOWN that the material facts are undisputed as to the interim quarterly financial reports? That is PARTICULARLY DAMNING! Looks to me like Board is almost saying: "Hey! You LIED when you said you cured all these filing issues!"
DBMM will be sanctioned by the Board. Looking at this non-"boilerplate" language, it's clearer than ever!!
I keep telling myself....deep breath....count to ten....try to answer without personal attack...if available, always try to present fact to back up your opinion.
