I wonder why Eade is NEVER able to file anything on time.
He's saying the Federal Court doesn't have jurisdiction over securities fraud?? That's a new one. What kind of support does he offer for that novel viewpoint?
He might have had a point, if it were a diversity suit. Diversity jurisdiction can only be claimed if the defendants are residents of different states. Different countries aren't covered in the legal definition. I was dismissed from both the HITT and AZNT actions using that argument.
But... the SEC is claiming jurisdiction as the U.S. Government. I don't think Eade has any wiggle room.
He's invoking laches?? That's beyond hilarious, coming as it does from a guy who can't ever get court papers in on time:
Laches: A defense to an equitable action, that bars recovery by the plaintiff because of the plaintiff's undue delay in seeking relief.
Failure to state a claim? Why does he bother? That was the basis for his motion to dismiss. The judge denied it, saying the SEC had indeed stated a claim.
Now THIS is PRICELESS!! And not smart.
...Defendant avers that Plaintiff is precluded from pursuing equitable relief against this Answering Defendant, in that it conducted an unlawful and improper investigation, gathering information and rumors while posing as alias fictitious investors on investor chat boards on the Internet, including investorshub.com.
HE'S INSANE!! He seriously believes the SEC was posting on IHub??