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Re: blue dog post# 93654

Saturday, 12/01/2012 7:06:45 AM

Saturday, December 01, 2012 7:06:45 AM

Post# of 118206
BME Litigation Update

The judge's decision denying BME's motion for a preliminary injunction (link below) is good reading for anyone who wants to understand the issues here. Looks like all this litigation is the result of careless drafting...

Unfortunately, I am not aware of a way to get the trial-court PACER system to notify me when a new item is placed on the on the docket. So the best that I can do is to check PACER periodically. Sorry that I missed the "scoop" on the decision's coming out on November 27, but I am glad that PCFG filed its 8-K on the decision on November 30. So, to be clear, I make no promises of timely updates.

Couple things:

1. The docket (including links to a subset of the filed documents) is available at http://client-email.com/dockets/PCFGvBME.html ; if anyone wants documents not linked, please feel free to let me know.

2. I am not your lawyer unless we have a written engagement letter, signed by both of us.

3. I have not had a chance to review the documents. Too busy, plus this really is not my area of law. I am sorry about that. One thing to keep in mind as you read them is that you (like the judge) must distinguish between advocacy and accuracy. In other words, reading just one side's papers may sound very convincing. By the same token, reading the other side's papers may sound equally convincing. But only one side is going to win on any given issue.

I still look forward to taking a look at these myself, and I have not checked each link. Let me know if there are any technical problems; let your lawyer know if you have any legal questions.



I am an amateur at this, and it would be unwise to rely on my opinions without your own independent confirmation in consultation with an investment professional.

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