Yes thats correct.
Upcoming Hearings:
Motion Summary Judgment on 01/06/2023 at 1:00 PM
Motion Hearing on 01/31/2023 at 9:30 AM
Jury Trial on 05/01/2023 at 9:00 AM
Taken Under Advisement
Judicial Officer:
Klein, Joseph R.
Index #360
The plaintiff are the ones that filed the Motion summary which whomever gets the Motion Summary the other side almost never comes out on top. With the motion hearing now on 1/31/2023 we'll see what's happening. IMO BYOC loses this case due to their attorneys are second rate compared to Jean's attorneys, especially her lead attorney Warner. The BYOC team is and has been ill prepared for this trial even though they've had years to prepare. Hence the transcripts where they're still asking for approval of emails, and ledgers that would help their case but missed the discover timeline, and Warner has adamantly objected, and the court has agreed. When your case is based on proving the plaintiff has committed fraud one would think you'd have those smoking gun documents readily available.
The one thing that puzzles me most of all is and has been the delay by BYOC and it's legal time to postpone this case till May 2023. It seems now more than obvious that the merger delay is tied to this case. I know you thought Boris was right after reading the agreement, but obviously there was more to the agreement than what was written. This is the OTC the wild west when it comes to deals. The only thing i can think of is BYOC is buying time because they don't have nearly enough cash to cover this lawsuit if they lose, not even close! So i'm sure Discover will be coming to sit at the table by the end of the 1st quarter, if not for the lost lawsuit, but if there is ever going to be a merger with Eletric Built they have zero $ to do anything with it. None of these things necessarily stop the pps from running on a pr of case settlement, or merger is back on the table. Thats what we are all waiting for anyways. Our EXIT!
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