Replies to post #100554 on US Stem Cell Inc (USRM)

[a1tellem]

I think that’s more to do with making sure that if it goes all the way to trial, that nothing is scheduled on the dates mentioned in the motion because the one of the attorneys can’t be there on one day for religious reasons and one another because of the graduation of his son.

[a1tellem]

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA FT. LAUDERDALE DIVISION
CASE NO.: 18-CV-61047
UNITED STATES OF AMERICA, Plaintiff,
v.
US STEM CELL CLINIC, LLC, a Florida limited liability company,
US STEM CELL, INC., a Florida profit corporation, and
KRISTIN C. COMELLA and THEODORE GRADEL, individuals,
Defendants.
DECLARATION OF ISAAC MITRANI IN SUPPORT OF DEFENDANTS’ UNOPPOSED MOTION TO CONTINUE TRIAL DATE
I, ISAAC MITRANI, declare under penalty of perjury pursuant to 28 U.S.C. § 1746 that:
1. I am an attorney and managing director of the law firm of Mitrani Rynor Adamsky Toland, P.A., with offices at 301 Godfrey Road, Penthouse, Miami Beach, Florida 33140, attorneys for Defendants US Stem Cell Clinic, LLC; US Stem Cell, Inc.; Dr. Kristin C. Comella (collectively, the “Defendants”). I am over the age of eighteen and understand the nature and obligations of a declaration made under the penalty of perjury. I have personal knowledge of the facts contained in this Declaration, and if called as a witness, I could and would testify competently under oath as to such facts. I submit this declaration in support of Defendants’ Motion to Continue the Trial Date.
2. I intend to serve as trial counsel for Defendants, along with Michael Blume (pro hac vice pending) and Mary M. Gardner of Venable LLP.

Case 0:18-cv-61047-UU Document 64-1 Entered on FLSD Docket 04/11/2019 Page 2 of 2
3. As I am admitted to the bar of the United States District Court for the Southern District o f Florida and have tried cases before the Southern District o f Florida for over thirty years, I intend to serve as an integral part ofthe Defendants' trial team.
4. I am unable to work on June 10, 2019, the first scheduled day of trial, due to religious observance o f the Jewish holiday o f Shavuot.
5. Moreover, I am unable to attend trial from June 14, 2019 to June 17, 2019, as I am scheduled to attend my son's graduate school graduation in California and will be traveling and attending graduation activities during that time period.
I declare under penalty ofperj that the foregoing is true and correct.
Dated: April 11, 2019

[a1tellem]

And yes to the new lawyer joining the team, hiring EX-FDA lawyers and Ex DOJ lawyers is genius

[emit]

Gladly let OS go another rung-up for those kinda moves.

thanks man


e

[Dragon Lady]

LMAO, "USRM Lawyers bring in hired gun from DOJ "

It's called D E S P E R A T I O N......they got nothing and they know it...

AND...and this judge...DOES NOT LIKE ATTEMPTS TO DELAY for bullshit like "graduation parties" and some bogus "religious holiday" stuff....to hold up a STACKED FEDERAL COURT AND DOCKET....LMAO....BAD MOVE...w/ Ungaro...sitting on the other side of that bench...bad...

She denies delays all the time- even for cancer treatment etc. She's as by the book as they get and doesn't jack around....

https://www.pacermonitor.com/public/case/24475300/United_States_of_America_v_US_Stem_Cell_Clinic,_LLC_et_al

There's a good chance she RULES ON SUMMARY JUDGEMENT in favor of the United States and flushes every Comella motion at the same time- including the BS for "oral arguments"......

MOST Federal judges consider oral arguments a waste of their time- as they HAVE WHAT SHOULD BE WELL WRITTEN BRIEFS so they don't need the damn attorney to then stand in front of them and read the brief back to them- or imply the judge is too stupid to understand the matters of LAW which is ALL and ONLY what can be argued and all that matters- so what they hell do they need to listen to an attorney ramble on for 30 minutes to an hour or whatever?

If you submitted a properly written legal brief- any competent judge has all they need to decide the merits of LAW and that's all this is about.

The Judge Ungaro DIDN'T BAT AN EYEBROW SIGNING OFF ON THE Theodore Gradel Consent Decree for 100% PERMANENT INJUNCTION, she didn't question or challenge ONE WORD OF IT.....

AND THEM FACTS don't bode well for Comella and gang...nope...cause that PERMANENT INJUNCTION is 12 pages of hell fire and nuclear destruction.....

rickjaffeesq.com/wp-content/uploads/2019/03/gradelconsentdecree-1.pdf

There it is....TWELVE PAGES OF TOTAL RUIN for those who broke those laws...and they can't do JACK SHIT in the future regarding ANYTHING related to SVF or even "biologics" w/o the FDA crawling up their butt and approving everything they do - AND they have to post that DECREE in their office where people can see it AND they have to mail it to ANYONE "in concert" doing biz with them in ANY WAY that might involve ANYTHING LISTED IN THE INJUNCTION and then it has provisions for monetary fines that are stiff...like $500 PER DAY plus all court costs, FDA costs, etc forever forward....

Comella is going to get the same PERMANENT INJUNCTION - there's no two version of it...it's ONE DOCUMENT...and it will slam their bogus clinics like a ground zero nuke strike....they'll be baked and done....

Bringing in another megabucks attorney this late in the game- PURE HAIL MARY DESPERATION BULLSHIT....

Why now...THE CASE IS WITH THE JUDGE.....WHAT THE HELL CAN THEY ARGUE NOW IN DESPERATION.....

The case and motions for SUMMARY JUDGEMENT ALREADY... was handed to her on April 4th...and now they're gonna "try" and delay it- before a judge who despises delay tactics and frivolous bullshit...not gonna work IMO....they're digging their own grave....or at best planning their appeal is all I see....

U.S. Stem Cell Inc is a CASH POOR COMPANY at any given time per their own SEC FILINGS...a GOING CONCERN on financial life support- factoring loans and constant borrowing and paying common bills in shares of common stock....and now they're gonna get SLAMMED with even more legal bills...BIG ONES.....

DESPERATION is all I see here- it's like trying to save the game when they're down by 20 points and there's 10 seconds left on the clock...to little waaay to late....

AND...well known FACT this judge doesn't like delay tactics and bullshit..would not surprise me if she just rules on the BRIEFS and grants INJUNCTION TO THE DOJ AS PLAINTIFF and shuts the door on this fiasco....GRADEL SIGNED...that works 100% AGAINST Comella and gang....