SPNG advocates should first understand the inappropriate timing of Spongetech's lawsuit .
Spongetech's claims to be aggrieved by meany message board critics and the New York Post are premature and unfounded by any measures of Law inthat Spongetech have been the sole purveyors of such extreme criticisms by their own questionable practices .
Metter's and Moskowitz's righteous indignation against all critics
could only have merit AFTER they provide incontrovertible proof that they were righteous in all things .
Metter and Moskowitz had opportunities to vindicate themselves during the SEC's informal investigation . Then they had subpoenaed opportunities to vindicate themselves during the SEC's Formal Investigation . The subsequent SEC Wells Notice itemized the litany of allegations to which Metter and Moskowitz have declined to vindicate themselves .
It should be common logic that to prove libel / slander / malicious intent against anyone else in Court a person or company MUST refute the various allegations with sufficient evidence that proves beyond all doubt that the criticisms had no merit in any contexts whatsoever .
The Spongetech lawsuit is absolutely without merit unless they vindicate themselves first .
Not only is Spongetech's lawsuit premature and unfounded unless they are vindicated by the SEC the lawsuit demonstrates reckless abandonment to the lawful opportunities for any of the named Defendants to countersue and to beseech the Court to Order Spongetech to prove the malicious criticisms had no merit . Any Defendant who countersues as a Plaintiff would be inclined to not drop the countersuit even if Spongetech withdrew their suit because the countersuit Plaintiffs would be confident the SEC would ultimately prevail against Spongetech .
Apparently Spongetech has stonewalled the SEC surreptitiously , but
they would not be allowed to defy a Court Order in Civil Court without risking a Judgement in favor of any plaintiffs of a countersuit .
As I see it Spongetech is banking on secondary gains by filing the lawsuit now , because any hopes for primary gains of a victory will fail as argued above .
In my assessment ,
Renee
To bite the worm of incite is to bite the HOOK of the antagonist . They win .
AI
