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Re: steveporsche post# 5503

Saturday, 03/15/2008 3:54:29 PM

Saturday, March 15, 2008 3:54:29 PM

Post# of 12660
IMHO, the next big event that relates to the whole manufacturing issue will be the ruling of the Federal District Court in Seattle on the DNDN Motion to Dismiss the class action lawsuit based on the cause of action related to the non disclosure of the Form 483 issued at the February 2007 FDA preapproval inspection. The judge is very highly respected, the issues have been briefed and there will be an oral argument on 3/27. If DNDN prevails, they are really off the hook, and there will be no need for DNDN to be any more straight with shareholders than they have been. If they lose, discovery will commence and those deep dark secrets (eg, what were the Form 483 violations, etc.)will eventually come out.Perhaps most importantly for DNDN to lose, the Court would have to decide that there was reasonable evidence of "scienter" on DNDN's part, essentially that their failure to disclose material information where there was a duty to disclose was more than simple negilgence.If so, Gold's central role in non disclosure and his sale of $2.7 million in DNDN optioned shares in April will come back to haunt him big time.JMHO.

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