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ican70

06/13/09 9:03 AM

#22374 RE: ican70 #22373

The burden of proof should shift to the plaintiffs, to prove they are not associated with MOSH LLC. That is what I should have posted originally.

ican

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boxsterX

06/13/09 11:14 AM

#22377 RE: ican70 #22373

If anyone wants to read a pleading on the Court's website that has a strong whiff of desperation, check out the just-filed "Trustee's Response to Gorgon Stamper's Motion for Partial Summary Judgment..." After opening with a pathetic attempt at character assassination against Mr. Stamper, the Trustee makes the following amazing statement:

(Stamper is) "Second-guessing the settlement without bothering to learn the relevant facts and technical analyses to which the parties are privy"

This is precisely what has been withheld from the Court and the unitholders - what are the relevant facts and technical analyses, known to the parties, about the value of the underground assets? Isn't the point of the settlement to bury this information so that a bidder can steal the properties for a song? Isn't another point that this information is being withheld from the Court and the public because, were it to be known, the settlement would be confirmed to be absurdly low, as suspected by everyone who did not sign the settlement agreement. Isn't the burden to establish the value of the assets is low enough to justify the pittance of the settlement squarely on the settling parties? Where is any of this evidence in the motion for approval of settlement and "for finding of (alleged) facts"? Where is Buzbee's and Kim's declaration confirming the assets have such a low value and their pursuit of this case was and is (allegedly) purely frivilous? Where was the seminar, webcast or other means of information dissemination of any kind where Mr. Stamper or any other unitholder could gain any information about the (still secret and withheld) "relevant facts and technical analyses"? Personally, I think Mr. Stamper (and other mere unitholders) would have a better chance of obtaining a just trial in Kafka's "Metamorphasis" than they would of prying this information with a figurative crowbar from the parties to this settlement. The desperation on the part of the parties to the settlement is evidently growing, judging from this pathetic filing.