Replies to post #222954 on MyECheck, Inc. (fka MYEC)

[YouOnlyLiveOnce]

The chump change revenue made was generated by 1 company..what happened to all the PR'ED deals from the last 3 years..

[FreezeThese]

Defendant, Zipmark Inc's, Motion for Judgment on the Pleadings is being heard 10/7 at 9:30am in 2:14-cv-02399. Defendant answered the complaint in addition to filing a counterclaim.

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Regarding the suit with the false issuance of some billion shares [2:14-cv-02889], as eluded to in the quarterly Defendant Scottsdale Capital Advisors filed a Motion to Dismiss, excerpts of such are below. It was heard by the court on 7/24 and awaits the Judge's ruling. A status conference has been set for 10/15.

08/03/2015 - [28] - MINUTE ORDER issued by Courtroom Deputy C. Schultz for Judge Kimberly J. Mueller: In light of the pending Motion to Dismiss (ECF No. 19 ) and on the court's own motion, the Status (Pretrial Scheduling) Conference set for 8/13/2015 is VACATED and RESET for 10/15/2015 at 2:30 PM in Courtroom 3 before Judge Kimberly J. Mueller. The parties shall file a joint status report no less than seven days before the new date for the status conference.

07/24/2015 - [27] - MINUTES for MOTION HEARING held before Judge Kimberly J. Mueller on 7/24/2015. Attorney, Brian Katz, present for plaintiff. Attorney, Alan Baskin, present for defendant Scottsdale Capital Advisors Corporation. After hearing oral argument as to defendant's Motion to Dismiss (ECF No. 19 ), the court took the matter under submission; a formal written order will issue. Court Reporter: Diane Shepard.

As to Defendant Scottsdale Capital Advisors Corporation (“SCA”), the Plaintiff’s First Cause of Action asks the Court to issue a declaration against SCA that five issuances totaling over 1.4 billion shares of stock in Plaintiff MYEcheck, Inc. (“MYEcheck” or “Plaintiff”) between December 21, 2011 and August 22, 2013 were void from their inception and should be cancelled because they were enticed by false representations from Defendant Sweetsun Intertrade, Inc. (“Sweetsun”). Plaintiff’s Third Cause of Action asks the Court to enjoin SCA from transferring any of some 530,005,000 shares of MYEcheck stock that are supposedly still held by certain defendants.

SCA has never owned any of the relevant shares, does not have on deposit for clients any certificates for shares of MYEcheck stock, and has not had any such stock on deposit for clients since May, 2014. And, while Plaintiff might have sought relief at a time while SCA still held MYEcheck shares on deposit for clients, because SCA no longer holds any MYEcheck shares, Plaintiff has no ability to seek relief through a judgment against SCA. Therefore the claims against SCA are non-justiciable because: 1) a judgment would not redress any harms to Plaintiff; 2) the claims are moot due to Plaintiff’s prior inaction; 3) the relief sought against SCA is impossible; and 4) the Plaintiff lacks standing under the federal Declaratory Judgments Act. More, Plaintiff is guilty of laches in any event. The claims against SCA must therefore be dismissed under Rule 12(b)(1,6) or Rule 12(d), Fed.R.Civ.P.

Finally, because the Plaintiff has not elected to sue any of the many innocent third parties who actually hold the shares at issue, its Complaint fails to join necessary parties required under Rules 12(b)(7) and 19, Fed.R.Civ.P. and should also be dismissed for that reason.