Defendants Sanctioned, Defendants Pay

Reposted with New Prequel

In this blog HERE SkunK goes gonzo about defendant bush league tactics holding back information during discovery. GreenShifts brief is here. The long ruling today (below) has the Judge come to much the same conclusion using (to state the obvious) a much finer usage of the Queen's English. "Sanctions" (More than a penalty flag for offensive holding - this is like a fine from the NFL Commissioner's office!) were also given to defendants - there is no way defendants can twist what THAT means - cause they have to sign a check.   Under "Analysis",  Judge says both sides agree that these Cantrell documents are important and may be central to the case.   That is a confirmation for me that the argument has moved past Prevost - the former "key" defendant argument.  Now it has basically moved on to invalidity due to breaking the one year limit on offer to sell.  Although we have not seen the GreenShift argument - GreenShift has denied that the documents are relevant to the patents.  From that the SkunK assumes the GreenShift major argument will be that GreenShift did not have anything ready for patent and the whole purpose of going to an Ethanol plant was to experiment and develop a final system.  This is a standard major exemption for the one year rule.  Defendant's documents seem to prove the SkunK's case (I'll call it the SkunK's case since I made it - I would expect GreenShift lawyers to make it a lot better at the right time.) with the word "test/testing" in nearly every written sentence.  Appearing some 45 times in a few documents that the "defendants" offered. 
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Although the court has not granted CleanTech all the relief it sought and has found counsel’s instruction not to answer improper, it has vindicated CleanTech’s position that the defendants improperly withheld critical documents on baseless grounds. That conduct triggered all the disputes now before the court.


The court awards CleanTech, and against the defendants jointly and severally except for Adkins Energy, one-half its reasonable fees in drafting the motion for protective order, the brief in support, and supporting declaration. CleanTech shall submit a statement of those fees (with supporting documentation) to the defendants within 14 days of this order. The defendants (except for Adkins Energy) shall, within 21 days thereafter, either pay those fees or file with the court an objection to CleanTech’s fees that demonstrates why the fees are unreasonable in whole or in part. CleanTech’s response and any reply by the defendants shall be filed according to Local Rule 7.1. The court expects the parties to use the defendants’ 21-day period to negotiate in good faith over any dispute about the amount of the fees in an effort to avoid the need for the court’s intervention.

Long order, Great Reading HERE

SkunK

Prevost slammed down, ambush fought through; The defendants now have the checkbook open.  Still a ways to go, but justice slow, justice sure . . .
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Dig this one, check out the 1st footnote.  Can you even see left field from that footnote?  Why do I hear twilight zone music in the background?

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Finally See Here