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Re: Garyst post# 1117

Friday, 01/04/2013 3:32:21 AM

Friday, January 04, 2013 3:32:21 AM

Post# of 1223
Here is where all the lawsuits are, according to the publicly available court records

The Pennsylvania securities fraud lawsuit was in suspension but for some strange reason Bukstel decided to revive it. The parties are in discovery. Bukstel and VitaminSpice countersued the plaintiffs, and the motion to dismiss the counterclaim is pending for a couple of months. The judge already dismissed the counterclaim, so this is probably Bukstel's and VitaminSpice's last chance.

In the bankruptcy action, the creditors filed a motion to reconsider the dismissal. It is still pending and if the motion is granted the company could be back in bankruptcy.

The Pennsylvania note collection case is still pending and the plaintiff has filed for summary judgment against VitaminSpice based on the fact that the bankruptcy judge found that the note was valid. The amount is for about $80,000 I think.

The collection case in California by the former attorney Buus resulting in a default last March and a writ of execution was issued. The amount is about $15,000

The Hand collection lawsuit resulted in a default judgment for about $70,000, but VitaminSpice got the default vacated. Its pretty easy to vacate a default if attended to properly. No trial date has been set and the parties are probably doing discovery.
Trial will probably be set for later this year

The Hand defamation lawsuit also resulted in a default but VitaminSpice and Ed were able to vacate the default last month.

Bukstel's sworn affidavit he provided to get the default vacated was pretty funny. He claimed that he never got served with the lawsuit and he only "recently" learned of the lawsuit. That is hilarious given that he tried in May to move the case to the federal courts; how is that he did not get served nor know of the lawsuit? Also he issued a press release in May saying he was going to vigorously defend against the suit. Then how can he say that he did not know about it?
Hand has moved for summary judgment and the hearing is in March.
Ed and VitaminSpice have not filed any reply.

Reports are that the company has been evicted from its offices, does anyone know if this is true?

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