Looks like you were right, the original plaintiffs are trying to run for the hills. PCFG needs to take a big chunk of flesh from them first though, IMHO.
Does our cratering share price mean that our good friends at BME have significantly less motivation/upside for continuing their little courtroom exercise?
Thank's blue dog, looks like BME does not want to spend any more money on a dry pit
et Deadlines as to 62 MOTION to Dismiss . Motion reset for 2/4/2013 before Judge Kevin McNulty. The motion will be decided on the papers. No appearances required unless notified by the court. (jd, ) (Entered: 01/09/2013
Subset of online docket: http://client-email.com/dockets/PCFGvBME.html (I have only included links to the filed documents that seem relevant, but the docket itself is complete through today's date)
The case is slogging along. It might be resolved on the papers, it might be settled, or it might go to trial. I apologize for not checking up on the litigation more regularly, but my interest here is flagging: my five-ish thousand dollars in PCFG is now worth a few hundred.
That said, whenever someone sends me a message, private or public, that tends to guilt me into updating the online docket. If you want to follow it in real-time for yourself, the materials are available via PACER (Public Access to Court Electronic Records) for $0.10 per page. You need to go the U.S. District Court for the District of New Jersey and use the case number (2:12-cv-01285).
To that, I add the usual caveats:
1. I am not your lawyer unless we have a written engagement letter, signed by both of us.
2. I have not reviewed the documents. One thing to keep in mind if you read the documents is that you (like the judge) must distinguish between advocacy and accuracy. In other words, reading just one side's papers may sound very convincing. By the same token, reading the other side's papers may sound equally convincing. But only one side is going to win on any given issue.
3. Please feel free to let me know if there are any technical problems (e.g., problems with links); let your lawyer know if you have any legal questions.