The Move to Consolidate

It looks like there has been an attempt by the defendants in this case to declare victory after the initial stays to await the Kansas decision.   However, GreenShift has just grabbed the initiative by laying down a huge third wave of litigation on Monday and then - yesterday moving to request that ALL cases be consolidated.  Not in Kansas, Not in New York, but in . . .

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TO THE HONORABLE COURT, AND TO ALL PARTIES AND THEIR COUNSEL:

PLEASE TAKE NOTICE that on May 5, 2010, Plaintiff, GS CleanTech Corporation, and its parent, GreenShift Corporation, sent for filing, via Overnight Mail, a motion to the Judicial Panel on Multidistrict Litigation (the "Panel") seeking to transfer and/or consolidate the eleven actions listed below to the Northern District of Illinois, the Southern District of Indiana or the District of Minnesota for consolidated pretrial proceedings:

The Actions

1. GEA Westfalia Separator, Inc. and Ace Ethanol, LLC. v. GreenShift Corporation, Civil Action No. 1:09-cv-7686 (Southern District of New York);

2. GS CleanTech Corporation v. GEA Westfalia Separator, Inc., et. al., Civil Action No. 1:09-cv-8642 (Southern District of New York);

3. ICM, Inc. v. GreenShift Corporation and GS CleanTech Corporation, Civil Action No. 6:09-CV-1315 (District of Kansas);  

4. GS CleanTech Corporation v. Cardinal Ethanol, LLC, Civil Action No. 1:10-CV-00180 (Southern District of Indiana);

5. GS CleanTech Corporation v. Big River Resources Galva, LLC, et. al., Civil Action No. 1:10-CV-00990 (Northern District of Illinois);

6. GS CleanTech Corporation v. Center Ethanol, LLC and Lincolnland Agri-Energy, LLC, Civil Action No. 1:10-cv-02727-EEB (Northern District of Illinois);

7. GS CleanTech Corporation v. Bushmills Ethanol, LLC; Al-Corn Clean Fuel, LLC; Chippewa Valley Ethanol Company, LLLP; and Heartland Corn Products, LLC, Civil Action No. 0:10-cv-01944-PJS/FLN (District of Minnesota);

8. GS CleanTech Corporation v. United Wisconsin Grain Producers, LLC, Civil Action No. 3:10-cv-00236-WMC (Western District of Wisconsin);

9. GS CleanTech Corporation v. Iroquois BioEnergy Company, LLC, Civil Action No. 4:10-cv-0038-JVB-PRC (Northern District of Indiana);

10. GS CleanTech Corporation v. Blue Flint Ethanol, LLC., Civil Action No. 1:10-cv-00037 (District of North Dakota); and

11. GS CleanTech Corporation v. Amaizing Energy, LLC and Lincolnway Energy, LLC, Civil Action No. 5:10-cv-04036-DEO/PAZ (Northern District of Iowa).

SEE IT HERE

SkunK

PS.  After adding in the ACE plant in Stanley WI, we are now at total estimate of 15 plants with of 905 - 928.5mmgy ethanol production under litigation for infringement of the GreenShift Corn Oil Extraction patents. Range varies due to difference in some faceplate capacity and claimed rate of production. Big River Resources West Burlington is not listed above - but after some loud SkunK head banging he figured out that it is included in Big River Resources Galva, LLC, et. al.

"et. al" is latin for "and others"  I guess all you Lawyers, Jesuit Priests and Roman Centurions already knew that :~).