Saturday, December 15, 2012

Do we finally have some tea leaves to read?

"Further, briefing on the now-pending Motions for Summary Judgment is hereby SUSPENDED. In the interim, the Parties are directed to continue with liability discovery and are advised that new scheduling orders shall issue to substantially shorten the deadlines for further summary judgment briefing as to any and all liability issues, including affirmative defenses."

See Here

The court system could not function if every case went to trial.  From what I understand, when the end becomes clear the court begins to drop hints which way things are going, trying to force negotiations and save everyone involved both time and money. 

This is not the end.  Is it the begining of the end . . . or just the end of the begining? 

SkunK

PS Sorry about that Winston.

53 comments:

nobody12378 said...

Real settlements, not the ANDE associated courtesy "settlement" are the key. Otherwise, we face the Appellate Court System with its delays and history of over turning lower court decisions 35% of the time based on what the Appellate Court believes are faulty claims construction. Can you say REAL SETTLEMENTS?

Anonymous said...

Didn't you say your son, the Brilliant Intellectual Properties Lawyer, was your source of this 35% Figure? (About a year ago, as I recall.) !!!!It just struck me!!! You have been beating this dead horse (35%) for a YEAR or more! You need some FRESH Material! DHOLE

Anonymous said...

Can they afford appeal bonds, equal to the amount of damages?

Will they have to put up the pink slip(s) on their plant(s) as collateral?



nobody12378 said...

D',

Your posturing is typical of the GERS' euphorians -- if you don't like a challenge that we are facing, change it to make yourself feel better. Sorry, I cannot change the facts about the frequency in which the Appellate Court over turns lower court decisions based on claims construction. What is correct is that this is an overall average and averages consist of a much higher number of reversals and much lower. Perhaps, the GERS legal record is so solid in this regard that a lower number applies, or perhaps a larger one. No one but a trained professional with access to all documents can tell us that, and they are all working for the GERS or the defendants. Don't lose sight of the real point in your rush to dismiss a challenging issue: a SJ by itself would be OK, REAL SETTLEMENTS would be great. Your feeble attempt to discredit the information because it came from a practicing IP attorney who happens to be my son, are just that, feeble.

Anonymous said...

a settlements a settlement they're all real

nobody12378 said...

Not when money doesn't change hands as in the ANDE courtesy settlement.

Anonymous said...

His son blurts out a figure and everyone is suppose to take it as fact. A tactic that apparently runs in the family. Great GrandDad probably told him they lived in a void until he invented air!

Anonymous said...

The business of wall st. is to push out paper....Ocassionally one of these issues works out to make money...This may/will be GERS...

Anonymous said...

GREEEEEN

Anonymous said...

Yep, people will be pizzed if KK dumps millions of shares to pay the bills...


I will be very pizzed...Courts seem helpless against theives...very telling about our systemmm...as in worthless

Slashnuts said...

REX Extracting Below Industry Standard With ICM's AOS

REX extracts just .54 pounds with ICM's AOS in Q312.

GERS customers are extracting 75% more oil than the AOS, with method I.

Method II (1.33 pounds) will increase the advantage of GERS' licensee's to 135% more oil than the AOS.

Numbers don't lie but REX does. Back when REX said they were installing "the best corn oil technology in the industry", I thought they were talking about GERS. I would've been right, if REX was telling the truth about installing the best technology.

As time ticks by, the truth comes out. From REX's own numbers, we can see they lied. REX is extracting roughly .54 pounds with the best system ICM has to offer. Clearly REX was wrong as GERS' customer's BIOF, United Ethanol, and others are doing .9 to .95. This is 75% more oil than the ICM AOS.

I mean the AOS is supposed to be ICM's "method II". But it deosn't even get the yields of GERS' method I, let alone GERS' method II.

During this drought, every drop of oil is crucial to producers. It's the difference between being able to operate or not. For Example, Valero is using the AOS and has been forced to shut plants down due to losses. Green Plains is using GERS' technology and is forcasting profits in Q4. GPRE is increasing production this quarter. GPRE's own words are that they're able to operate the plants thanks to the earnings from corn oil. The best technology makes a difference as you can plainly see.

At least Valero only took half the bait and didn't install the AOS in all their plants. It's coming up on a year and a half since Valero said they'd study the idea of adding the AOS to the rest of their plants. I would think they would've made a decision by now if the AOS proved itself. Maybe they're dealing with a bit of buyers remorse when they see the yields of GERS' technology soaring higher.

GERS' method II technology will be online in less than two weeks. This will widen the gap between GERS and ICM. GERS' method II system is expected to extract 135% more oil than REX and Valero's AOS.

Remember when ICM claimed the Tricanters had the best yield? They duped a lot of producers into believing this. It turns out the Tricanters extracted .2 to .3. I think the same thing is happening with the AOS. It's just another dud.

In Q312, BIOF extracted 1,000,000 more pounds than REX did from 19,600,000 fewer gallons of ethanol.

Greenshift's technology is the best in the industry, period.

http://www.sec.gov/Archives/edgar/data/744187/000093041312006522/c71780_10-q.htm

Good Luck To All!$!$!$!$

Anonymous said...

Becareful Slash, this will kill Nobody!! lol

Anonymous said...

saw nobody son panhandling last night, gave him 10 shares of GERS, he kissed my hand and then polished my ferragmos

nobody12378 said...

Interesting that REX was once promoted as a client of GERS and now the same fellow is using REX as an example of what happens when you are not a client of GERS. Hard to lose when you can have it both ways.

Anonymous said...

Let's make money not war.

Anonymous said...

Just stating they decided to go with an inferior system

Anonymous said...

Actually, good ideas being posted....I have to think GERS prevails in court....I am long....Nobody makes good points....where will all this monies come from to make GERS whole and reverse the survival/dilution adverse effect on pps due to the infringers?

Anonymous said...

GREEEEEN

Anonymous said...

Still gonna Flog the Dead Horse another year?? DHOLE

Anonymous said...

i hope that they stop printing shares,,,,,then great news and the pps gaps up to one dollar...but, I will not be that fortunate...
glta

nobody12378 said...

"His son blurts out a figure and everyone is suppose to take it as fact. A tactic that apparently runs in the family. Great GrandDad probably told him they lived in a void until he invented air!

December 17, 2012 8:40 AM"

Classic GERS euphorian character assassination -- dealing with facts that cannot be contested. Incredible, these folks must believe in the tooth fairy.

Anonymous said...

The tooth fairy probably has more creditability than one of your relatives, a lawyer at that!

Anonymous said...

wow

Anonymous said...

saw nobody son panhandling last night, gave him 10 shares of GERS, he kissed my hand and then polished my ferragmos

Anonymous said...

nice close

Anonymous said...

Once nobody sells out we are gonna be rich

Anonymous said...

DW......daaa..I can recall
DW.....daaa...I don't remember
DW.....daaa...I have to read it agian
DW...ect....ect...ect...

Stall...Stall ...Stall. The judge has had enough and will make this case move faster. Thank God.

Anonymous said...

DW......daaa..I can recall
DW.....daaa...I don't remember
DW.....daaa...I have to read it agian
DW...ect....ect...ect...

Stall...Stall ...Stall. The judge has had enough and will make this case move faster. Thank God.

Anonymous said...

what were you doing on this 8 years ago? what did you say that day? what you eat? what color your shirt?

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Anonymous said...

real comments, not the typical rhetoric.

Anonymous said...

saw nobody son panhandling last night, gave him 10 shares of GERS, he kissed my hand and then polished my ferragmos

Anonymous said...

lol ^ did he have a 37% sign ahhahahahaa

Anonymous said...

round number of outstanding shares is 50 million....is then KK owner of 80 % of that number?...that would be 40 million of his own prefered shares?

what is the exact current full share structure including KK's?'''any help welcome

Anonymous said...

Kevin's 80% undilutable stake in the company will only become issued shares after everybody has been paid and all promised shares given out.

If miraculously, no other shares were issued and that 50m total held, Kevin would be printing another 200m for himself.

GLTA

Anonymous said...

saw nobody son panhandling last night, gave him 10 shares of GERS, he kissed my hand and then polished my ferragmos

Anonymous said...

The 80% number keeps going around. A little information is a dangerous thing. Lots of people here are dangerous.

The 80% is not issued not will it be. It is collateral for the main loan to the senior lender. It protects their loan collateral equity from dillution. KK can NOT ever sell any of those shares. If he ever sold one or even promised to do something with them in the future he would be in default. All of his personal and private assets are also promised as collateral in the loan. He is all in.

Anonymous said...

On this share discussion....Then does anyone know what the share structure is....Meaning if tommorrow we woke up and all the litigation was behind us and gers was a normal earning and trading issue what would the share structure look like....would it be the 250 million shares?

nobody12378 said...

As I stated before and was roundly criticized as wrong a Form 8-k is required if new or extended financing is developed. We have a three month extension that is a good thing, from the Form 8-K

"On December 18, 2012, GreenShift Corporation and YA Global Investments, L.P. (“YA Global”), entered into an amended Forbearance Agreement dated as of November 30, 2012 (the “Amendment”). Pursuant to the Amendment, YA Global agreed to extend the maturity date of the debt due to YA Global and its assignees from December 31, 2012 to March 31, 2013."

Anonymous said...

many agreed with the 8k thing.
you also expressed doubt yagi would budge on the deadline.

not only wrong but just plain wrong.

Anonymous said...

true true^^^

Anonymous said...

O shit, now we have to find a different falling sky.

Anonymous said...

Like I said they always negotiate a new agreement and then its off to something else till next year. They will sign in Jan or Feb. Two weeks later the shareholder letter comes out. Then its something else to complain about. This path has been traveled many times. Nobody groundhog day

Herman

Anonymous said...

At least he is consistant. Consistantly WRONG!

nobody12378 said...

Shareholder letter, what shareholder letter? None this year and none the coming year unless the litigation is concluded. Get your facts straight, and the events of the day PROVE beyond a doubt that IF YAGI was a mind to take over the company they could have called the note as they have done with other companies. Discussion closed.

Anonymous said...

you promise they call note an not budge on more time you wrong dipchit

Anonymous said...

How about facts, to state that 2012 will not see a share letter.

I will not engage in the other mis-facts in your post out of sheer futility.

For "a gamble" you are to much emotional involved, harping away at fundamental questions after you gambled is real tell for addiction to a gamble, we as a message board advice you to take counseling on that serious issue.

Anonymous said...

or he can go play in traffic

nobody12378 said...

The "frigin" idiots here cannot read the English language -- never has been a promise of anything -- only the promise of minuscule minds that cannot comprehend and analyze the future. If you think that we are not on dangerous footing with YAGI 1) you know nothing and 2) why is KK so anxious to find alternative financing when the rate is now only 6%? I'd tell you to use your heads, but the problem is you can't find them.

Anonymous said...

saw nobody son panhandling last night, gave him 10 shares of GERS, he kissed my hand and then polished my ferragmos

Anonymous said...

you said ya to take over dec 31 no it didnt happen loser

Anonymous said...

jeez gaybody you sound like a pizzed off Ethanol Plant Manager who will lose his job after his company losses its a s s after taking your advice and ignoring the issued GreenShift patents of the United States Patent Office.

Anonymous said...

Those pizzed off farmers who invested and listened to you will be after you with pichforks and torches, tar and feathers after you lose their money

Hhahahahahha00ahhahahahah

What a dope!

I suggest you start following the patent laws!

 
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