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Re: Eddie Vakser post# 114042

Friday, 01/21/2022 11:55:46 AM

Friday, January 21, 2022 11:55:46 AM

Post# of 115805
Edward Vakser boldly claims to Barry Mezey (one of the defendants in the case he and Protek have filed in Travis County,) "I have a class action group going after you." I check the court docket daily. Here is what is posted currently:

07/27/2021
ORIGINAL PETITION/APPLICATION
PLAINTIFFS' ORIGINAL PETITION Event Code: 5050
Party:
Plaintiff PROTEK CAPITAL INC
07/27/2021
NEW:ORIGINAL PETITION/APPL (OCA)
Event Code: 4500
07/28/2021
ASM:GN FRAUDULENT LIEN
Event Code: 601 Adjmt Amount: 15.00
Party:
Plaintiff PROTEK CAPITAL INC
07/28/2021
ASM:CITATION ISSUE
Event Code: 702 Adjmt Amount: 32.00
Party:
Plaintiff PROTEK CAPITAL INC
09/24/2021
OTHER
LETTER FROM BARRY MEZEY TO JUDGE Event Code: 5415
Party:
Defendant MEZEY, BARRY
09/28/2021
ANSWER
AMENDED RESPONSE TO VAKSER LAWSUIT
Party:
Defendant MEZEY, BARRY
09/28/2021
ANSWER
AMENDED RESPONSE TO VASER LAWSUIT
Party:
Defendant MEZEY, BARRY
10/22/2021
ANSWER
DEFENDANT THE TEXAS SECRETARY OF STATE S ORIGINAL ANSWER
Party:
Defendant TEXAS SECRETARY OF STATE
11/02/2021
MOTION
MOTION TO DISMISS
Party:
Defendant MEZEY, BARRY
11/04/2021
NOTICE
DEFENDANT TEXAS SECRETARY OF STATE S NOTICE OF SUBSTITUTION OF ATTORNEY AND DESIGNATION OF NEW LEAD COUNSEL IN CHARGE OF FILE
Party:
Defendant TEXAS SECRETARY OF STATE



The Texas Rules of Civil Procedure state:
https://casetext.com/rule/texas-court-rules/texas-rules-of-civil-procedure/part-ii-rules-of-practice-in-district-and-county-courts/section-3-parties-to-suits/rule-42-class-actions

Determination by Order Whether to Certify a Class Action; Notice and Membership in Class.
(1)
(A) When a person sues or is sued as a representative of a class, the court must -- at an early practicable time -- determine by order whether to certify the action as a class action.
(B) An order certifying a class action must define the class and the class claims, issues, or defenses, and must appoint class counsel under Rule 42 (g).


Where is the order of the court certifying this as a class action suit, and who has been appointed counsel for this class action?

Who are the members of the class? All investors must be notified as the statute requires:

For any class certified under Rule 42(b)(3), the court must direct to class members the best notice practicable under the circumstances including individual notice to all members who can be identified through reasonable effort. The notice must concisely and clearly state in plain, easily understood language:
(i) the nature of the action;
(ii) the definition of the class certified;
(iii) the class claims, issues, or defenses;
(iv) that a class member may enter an appearance through counsel if the member so desires;
(v) that the court will exclude from the class any member who requests exclusion, stating when and how members may elect to be excluded; and
(vi) the binding effect of a class judgment on class members under Rule 42 (c)(3).
(3) The judgment in an action maintained as a class action under subdivisions (b)(1) or (b)(2), whether or not favorable to the class, shall include and describe those whom the court finds to be members of the class. The judgment in an action maintained as a class action under subdivision (b)(4), whether or not favorable to the class, shall include and specify or describe those to whom the notice provided in subdivision (c)(2) was directed, and who have not requested exclusion, and whom the court finds to be members of the class.


Frankly,Vakser sounds like he is coming unhinged. How is this gargantuan lawsuit going to be funded? Mezey may well be uncollectable. Are the investors happy about being dragged into this Sordid Saga (TM, copyrighted etc.)???? Eddie Vakser sure knows how to generate PR!!!!!!