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Re: None

Sunday, 01/09/2011 1:19:27 PM

Sunday, January 09, 2011 1:19:27 PM

Post# of 212233
The following is the briefest of summaries gleaned from the legal documents on XMDC's website. Here is my take.
1) Paul never updated the website, because there is so much going on behind the scenes legally he can't. Besides, he doesn't own the bioharp and there is no settlement! Sam totally backed out. So in good conscience, how could Paul be expected to update the website. On that score paul is conducting himself professionally.
2) Sam filed a lawsuit against paul for changing the corporate structure and increasing the share count by some 750 MM more shares. Sam is accusing paul of undermining his position and diluting him from 50.1% stake holder to 38% stake holder. Sam is accusing paul of fraud amongst other things.
3) To be clear, Sam has never turned over any asset worth anything and as we already know, he is flagrantly in violation of the contract he signed and the court mediated settlement. Sam just doesn't give a hoot about legalities... period. If you or I had behaved like this we would have been found in contempt and locked up long ago. So much for pushing the envelope, because this new judge seems to be on Sam's side, because he is the owner of the asset.
4) This judge wants them to settle... or better yet go their separate ways, just like a really bad marriage or a really good divorce.
5) This judge is well, seasoned, doesn't like small emerging shell companies and based upon his experience I'm sure that he has good reason. Because of the judges minset, paul has two strikes against him going into this proceeding: fist being a shell with no tangible assets other than sam's invention, second for ALLEGEDLY changing the share and corporate structure.
6) Now Pauls corporate lawyer Mr. Duncan, who is not the court appointed litigator wrote the judge a letter refuting what sam is accusing paul of doing. The judge read the letter and went ape shit on Duncan for sending him this letter which did not conform to the courts protocol. Now I found the facts in the letter to be quite compelling and factual regarding what has transpired between paul and sam. And i'm confident and praying to GOD that Duncan's facts are true... which i believe they are. So from that aspect paul should prevail.
7) This judge only wants motions which is a legal term for asking the the court for formal permission only to be followed up by briefs which is a legal way of explaining your position. I see the judges point. He wants total control over the proceedings and will tolerate nothing less than total cooperation and responsible behavior from both sides. I applaud this.
8) This judge is fast tracking the court trial for March. All parties must come to court totally prepared for battle, because this judge promises to get to the truth of the matter. There will be no delays or screwing around by either side or that side might find themselves in default.
9) My guess is that we will not have resolution until early spring... that's if the judge performs as he promised. I think he will.
10) I am down 75% so i'm going to ride this one to the basement, because we are heading there. I won't allow myself to sell under these conditions.
11) There is a glimmer of hope. If Paul is not a con man and i hope and believe he's not; if sam's device is real, and i hope and believe its real; if the judge finds for paul and sam can be convinced to collaborate with paul for his own benefit, then all of us will make bank. If not, then all of us are screwed. Sam will be allowed to walk with the blessing of this judge and the bioharp can then once again be offered the the next highest bidder.
12) Read the documents on the web site... i'd love to hear some educated opinions instead of all the postulation that has overrun polluted this board of late. In the end the documents explain what has been going on behind the scenes for a very long while.