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Re: None

Thursday, 10/14/2010 2:46:46 PM

Thursday, October 14, 2010 2:46:46 PM

Post# of 60937
Prior state court filings. THIS IS NOT NEW.

Just for those of you that aren't familiar with the state court case.

On 30 Apr 2010 Rusnak filed a Notice of Appearance of Lead Counsel indicating the law firm of Williamson & Rusnak were becoming lead counsel for Daic and Williamson.

On On 18 May 2010 the Daic parties filed a Motion for Preferential Setting. In this motion they requested para. 3 "The interests of Daic and Williamson PC, as well as the rights of various third parties, in the Calypso IP are affected by the pendency of this matter and therefore this matter should be adjudicated as promptly as possible." And they further requested a docket control order and preferential setting within the next 90 days so the matter could be promptly resolved and/or adjudicated.

From Calypso's attorney Storm at the time 2 Jun 2010. Part of the Response follows.

Calypso's Response in Opposition to Motion for Preferential Setting.

"The only reasonable explanation for the timing of Defendants' Motion is that they were warned (approximately one month ago)about the possibility of Calypso's attorney's withdrawal, and are now seeking to take advantage of this situation to try to obtain a de facto victory on the merits. That is improper and fundamentally contrary to what the court system is designed to do. The Court should therefore deny their Motion."

So my response is. They haven't been in court yet to face a true trial on the merits. Always seem to look for legal maneuverings.

So my question is why would they want to stall now. They have already petitioned the court for a Preferential Setting. If I were them I would settle before any Tmob deal because Calypso will not be willing to make them a very good deal after a settlement. I understand stupidity and all of the other crazy motivations, all I can say is bye, bye to them.

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