Replies to post #228848 on CMKM Diamonds Inc (fka CMKX)

[v269278]

Thanks for your explanation. Any reason why the plaintiffs would give 3 days notice and then delay filing the actual motion?

[jarta]

Pedro, ... I think you are overlooking some things.

1. There has been a return of service against the company, CMKX (CMKI). It is a Nevada corporation which has a registered agent in the State and, therefore, cannot duck service in Nevada.

2. There has been no return of service against UC. UC is not in Nevada and, as far as anyone can tell, no longer has any assets in Nevada.

3. Service is a pre-requisite to the entry of a valid default judgment. Just filing the suit doesn't cut it. The court may have subject matter jurisdiction to hear the suit but, until service is had, it has no personal jurisdiction to enter any order affecting any person/defendant not served.

4. The money taken from stuckholders like you is not in the company. CMKX has no assets other than the Entourage shares. The money's in UC's pocket, spent in casinos, on broads and booze, already seized by the feds - or just hidden away.

5. So, why should UC voluntarily appear in the suit and submit himself to the jurisdiction of a Nevada court? How in the world would that benefit him? It's actually better for him to let a worthless default judgment be entered in a State he has no assets in and, unless indicted and extradicted to to face charges, will never return to.

Plus, if the person who "benefits" from the default judgment ever finds any assets belonging to UC outside of Nevada, UC can then and in that jurisdiction argue that the Nevada court had no personal jurisdiction over him to enter the default judgment and the default judgment is completely void. Ergo, UC keeps his assets and the judgment holder keeps his worthless piece of paper granting the judgment!

6. So, don't blame Moran for not appearing for UC. It might be very good strategy on UC's behalf and done with UC's complete knowledge and consent.

And, BTW, what does it matter if a judgment is entered against the company? UC and the rest of the Casavants have, according to your excellent DD, very few (if any) shares left. All that will happen is that the judgment holder will become another creditor, a preferred one who will get something from the company, probably by waiting in line in the interpleader suit - assuming one is ever filed. ... eom