*Summary Judgement* 230+ pages
Skunk's SJ Highlights copy/pasted 2+ pages
Discharging Order to show cause
Defendant's Testimony
SkunK
Friday, November 14, 2014
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3:14-4:50 GERS COES
CliK PiK (Long Range Adv Tech)
GERS Patented Tech-MSNBC
Feedstock Conditioning!
Chairman, President & Chief Executive Officer, 37
So who will benefit from this relationship? Stay tuned to find out!
Project Manager, 2006-08 Greenshift Ethanol Conf Attendee, Alparetta, GA - About 28 years old
Rachael is a 1994 Graduate of Lakeside, a private Prep school in Seattle, WA. Rachael is a graduate of The University of the South, with a cum laude bachelor's degree in biological psychology and minors in fine arts and philosophy. One time IBM site designer, worked on Macy's e-commerce site and the redesign of the NYSE site. Founder of Kissykat and Candent Corp. As of March 31, 2008, the Company (GERS) owed Candent Corporation $757,853 (the "Candent Note"). The former president of Candent is the wife of the Company's chairman. All of the issued and outstanding capital stock held by Candent is in trust for the benefit of its former president. The note payable to Candent shall bear interest at a rate of 10% per year and matures November 8, 2010. (P. 21 1st Quarter)
I am the SkunKhunter. I hunt down SkunK stocks. Those are stocks that have been beat down past any reasonable justification. I try to ride the stock up as market forces eventually right the ship of PPS. A SkunK is not a herd animal. He is a scavenger who knows that arriving before the herd means big profits and clean shoes. This is the journey of the GreenShift Corporation. Updated weekly between COB Friday and Sunday evening. (Disclaimers on Bottom of Site)
Welcome!
Want a break from reading all your DD? I am now featuring some GreenShift Media.
Central Indiana
3:14-4:50 GERS COES
co2 Bioreactor
CliK PiK (Long Range Adv Tech)
GERS Leadership
Flash Desiccate
GERS Patented Tech-MSNBC
Tornado Generator
Feedstock Conditioning!
Kevin Kreisler
Chairman, President & Chief Executive Officer, 37
Markets Around the World
New York
Frankfurt
***
Tokyo
Time Line for Patents
- 17 Aug 2004 Clean Tech filed first COES Provisional Patent Application “050”
- 2004 Inventors Disclosed Technology to ICM. ICM executed Confidentiality Agreement. ICM purchases two authorized COES.p3
- June 2005: Westfalia is still "developing" COES technology while ICM is finally installing the two COES bought from the Inventors the year before
- 2005 The Inventors invited Ethanol manufacturers to symposium to hear about COES – 30% attended.(SkunK's idea on which one)
- 5 May 2005 Clean Tech filed first COES Non-Provisional Patent Application “859”
- 23 Feb 2006 '858 patent publication date.
- 23 Feb 2006 '729 publication date
- 6 May 2009 GERS receives Notice of Allowance for first Patents
- U.S. Patent 7,601,858 issued 13 Oct 2009
- U.S. Patent 7,608,729 issued 27 Oct 2009
- 16 Feb 2010 Notice Of Allowance Issued For Third GreenShift Corn Oil Extraction Patent
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The SkunK? Hunter?
So who will benefit from this relationship? Stay tuned to find out!
CHAIRMAN of the GERS BOARD
Mr Kevin Kreisler maintains his GERS stock through his holding company: Viridis Capital, LLC. Mr. Kreisler is a graduate of Rutgers University College of Engineering (B.S., Civil and Environmental Engineering, 1994), Rutgers University Graduate School of Management (M.B.A., 1995), and Rutgers University School of Law (J.D., 1997). Served as the Company’s vice president from 1998 to 2000, president from 2000 to 2002, chief executive officer from 2002 to 2005 and has served as the Company’s chairman from 2005 to the present. Admitted to practice law in New Jersey and the United States District Court for the District of New Jersey. Kevin Kreisler is the sole owner of Viridis Capital LLC; GreenSpace Capital, LLC; Incandent Capital, L.L.C. Mr. Kevin Kreisler is about 37 years old.
"Roots" of Greenshift
- Greenshift Corp - until present
- GS Clean Tech Corp - until 2-2008 - 1-50 Reverse Split 12Dec2007
- VERIDIUM CORP until 7-2006
- KBF Pollution Management Inc from 3-1996 until 10-2003 - 1-20 Reverse Split 21Oct03
- KBF Pollution Control Inc 1984-1996
- Kreisler Bags - then - Kreisler Bags and Filtration 1979-1984 (hence "KBF" above)
Technicians and Magicians Behind the Curtain
David Fred Cantrell - Graduate of the University of Georgia where he received a Masters Degree in Poultry Science and Statistics. Co-inventor of COE technology with Dave Winsness. Started: Cantrell Winsness Technologies LLC. Next: CEO of Mean Green Biodiesel. Works out of One Penn Plaza, NY?
Dan Lester - Project Manager, GS CleanTech. Past: Warnecke Design Engineer 2004-2007; Imagetech Inc. Engineer 2001-2004. Education: Devry University EET, Electronics Engineering, 1998 — 2001
Patrick Bush - GreenShift’s Vice President of Biodiesel Technology
Dan Page - Attended 2008 Ethanol Conference for Greenshift Corp from Alpharetta, GA.
Dan Saltzman - Controller Greenshift Corporation
Past: 2001 — 2004 Assistant Controller, New York Mortgage;
1989 — 2000 Assistant Vice President Financial Reporting, Scudder; 1984 — 1997 Bucknell University
Jacqueline Flynn - Controller of GreenShift Corporation since 2006. She is the Chief Financial Officer (CFO) and Chief Accounting Officer for ESYM/ADRN. She is also the CFO for CICS. She has twenty years experience in financial accounting for both public and private companies.
Mary J. Carroll - Worked in GreenShift Administration since at least December of 2003. Presently GreenShift Vice President of Administration.
John W. Davis - John "Whit" Davis, has a B.S. in Civil Engineering from the U.S. Coast Guard Academy and an M.B.A from Boston University. GS CleanTech's new Vice President of Operations (as of PR 22 Jan '07), has a broad base of diversified management, engineering, operational and business development experience. Mr. Davis led the deployment of GS CleanTech's existing Corn Oil Extraction System installations at Little Sioux Corn Processors and Glacial Lakes Energy. Most recently in his career, Mr. Davis was the technical director for special projects at Vortex Dehydration Technology, where he led product design, development and implementation for many applications of the technologies underlying GS CleanTech's Tornado Generator[TM]. Mr. Davis holds the rank of Lt. Commander as a reservist with the U.S. Coast Guard. (One of four original COES Inventors.)
Dan Lester - Project Manager, GS CleanTech. Past: Warnecke Design Engineer 2004-2007; Imagetech Inc. Engineer 2001-2004. Education: Devry University EET, Electronics Engineering, 1998 — 2001
Patrick Bush - GreenShift’s Vice President of Biodiesel Technology
Dan Page - Attended 2008 Ethanol Conference for Greenshift Corp from Alpharetta, GA.
Dan Saltzman - Controller Greenshift Corporation
Past: 2001 — 2004 Assistant Controller, New York Mortgage;
1989 — 2000 Assistant Vice President Financial Reporting, Scudder; 1984 — 1997 Bucknell University
Jacqueline Flynn - Controller of GreenShift Corporation since 2006. She is the Chief Financial Officer (CFO) and Chief Accounting Officer for ESYM/ADRN. She is also the CFO for CICS. She has twenty years experience in financial accounting for both public and private companies.
Mary J. Carroll - Worked in GreenShift Administration since at least December of 2003. Presently GreenShift Vice President of Administration.
John W. Davis - John "Whit" Davis, has a B.S. in Civil Engineering from the U.S. Coast Guard Academy and an M.B.A from Boston University. GS CleanTech's new Vice President of Operations (as of PR 22 Jan '07), has a broad base of diversified management, engineering, operational and business development experience. Mr. Davis led the deployment of GS CleanTech's existing Corn Oil Extraction System installations at Little Sioux Corn Processors and Glacial Lakes Energy. Most recently in his career, Mr. Davis was the technical director for special projects at Vortex Dehydration Technology, where he led product design, development and implementation for many applications of the technologies underlying GS CleanTech's Tornado Generator[TM]. Mr. Davis holds the rank of Lt. Commander as a reservist with the U.S. Coast Guard. (One of four original COES Inventors.)
Christopher Kennedy
Project Manager, 2006-08 Greenshift Ethanol Conf Attendee, Alparetta, GA - About 28 years old
Public History of the Keisler Family
The lovely Mrs. Rachael Kreisler
Rachael is a 1994 Graduate of Lakeside, a private Prep school in Seattle, WA. Rachael is a graduate of The University of the South, with a cum laude bachelor's degree in biological psychology and minors in fine arts and philosophy. One time IBM site designer, worked on Macy's e-commerce site and the redesign of the NYSE site. Founder of Kissykat and Candent Corp. As of March 31, 2008, the Company (GERS) owed Candent Corporation $757,853 (the "Candent Note"). The former president of Candent is the wife of the Company's chairman. All of the issued and outstanding capital stock held by Candent is in trust for the benefit of its former president. The note payable to Candent shall bear interest at a rate of 10% per year and matures November 8, 2010. (P. 21 1st Quarter)
Kreisler Family Involved in GERS
Lawrence M. Kreisler - Lawrence is the sole owner of Serenity Capital, LLC. Built Kreisler Bags, then Kreisler Bags and Filters, then KBF Pollution Control Inc., then KBF Pollution Management Inc. After 1-20 R/S Sept2003 company was taken over by Veridium Corp in Oct2003, controlled by son Kevin. Resigned, effective December 31, 2003, as an officer and director of Veridium Corporation. Continued to work at Veridium's Paterson, New Jersey based recycling facility, that was designed on recycling technologies he invented. His employment was terminated in July 2004 due to irreconcilable philosophical differences in how to best operate and grow that facility. Bronze Parachute included: 100 percent of his salary of $150,000 through December 31, 2004 and 50 percent of his salary through December 31, 2006. Medical benefits until the age of 65. Lawrence is about 61 years old.
Scott Kreisler - Scott is the sole owner of Cyrus Capital, LLC. Brother of Kevin Kreisler, listed as a Beneficial Owner of Veridium Corporation on 4/2/2002 SEC filings. The 2005 annual report also says: "During 2005, Scott Kreisler, brother of Kevin Kreisler, received salaries of $72,700. Scott Kreisler no longer works for the Company." In February 2006, Cyrus Capital, LLC, purchased from GCS Investments $500,000 in convertible debt issuedby GS Clean Tech. During the period ended March 31, 2006, Cyrus effected conversions totaling $280,000, corresponding to 14,000,000 shares of the Company's common stock. During the second quarter 2006 Cyrus effected additional conversions totaling $120,000 into a total of 6,000,000 shares of the Company's common stock.
Kathi A. Kreisler From a 3/30/2001 filing: Kathi Kreisler is a Co-founder of VERIDIUM CORPORATION and served as its President from 1984 through December 1994. She has been a director since March 1984. In January 1995, Ms. Kreisler became vice president, secretary and treasurer of Veridium Corporation. From 1979 to 1984, Ms. Kreisler was a principal in Kreisler Bags and Filtration, Inc., which name was subsequently changed to KBF Pollution Management, Inc. Ms. Kreisler is the wife of Lawrence Kreisler and is the mother of Kevin and Scott Kreisler. During 2005, Kathi Kreisler received salaries of $33,750. During December of 2005, Kathi Kreisler received 3,806,811 shares of the Company's common stock as a settlement of all severance liabilities.
MIF During the first quarter 2008, Minority Interest Fund (II), LLC ("MIF") acquired the Kerns $1,000,000 Debenture. In February 2008, MIF subsequently fully converted this debenture at the rate of $0.16 per share into 6,875,000 shares of Company common stock. The managing member of MIF is a relative of Kevin Kreisler. (p. 23 1st Qtr Rpt)
Scott Kreisler - Scott is the sole owner of Cyrus Capital, LLC. Brother of Kevin Kreisler, listed as a Beneficial Owner of Veridium Corporation on 4/2/2002 SEC filings. The 2005 annual report also says: "During 2005, Scott Kreisler, brother of Kevin Kreisler, received salaries of $72,700. Scott Kreisler no longer works for the Company." In February 2006, Cyrus Capital, LLC, purchased from GCS Investments $500,000 in convertible debt issuedby GS Clean Tech. During the period ended March 31, 2006, Cyrus effected conversions totaling $280,000, corresponding to 14,000,000 shares of the Company's common stock. During the second quarter 2006 Cyrus effected additional conversions totaling $120,000 into a total of 6,000,000 shares of the Company's common stock.
Kathi A. Kreisler From a 3/30/2001 filing: Kathi Kreisler is a Co-founder of VERIDIUM CORPORATION and served as its President from 1984 through December 1994. She has been a director since March 1984. In January 1995, Ms. Kreisler became vice president, secretary and treasurer of Veridium Corporation. From 1979 to 1984, Ms. Kreisler was a principal in Kreisler Bags and Filtration, Inc., which name was subsequently changed to KBF Pollution Management, Inc. Ms. Kreisler is the wife of Lawrence Kreisler and is the mother of Kevin and Scott Kreisler. During 2005, Kathi Kreisler received salaries of $33,750. During December of 2005, Kathi Kreisler received 3,806,811 shares of the Company's common stock as a settlement of all severance liabilities.
MIF During the first quarter 2008, Minority Interest Fund (II), LLC ("MIF") acquired the Kerns $1,000,000 Debenture. In February 2008, MIF subsequently fully converted this debenture at the rate of $0.16 per share into 6,875,000 shares of Company common stock. The managing member of MIF is a relative of Kevin Kreisler. (p. 23 1st Qtr Rpt)
The SkunK on the Big Picture Stuff
Capitalism
"This system is not bad, it is just how things have worked in every functional society since time began. Someone provides a good or service in exchange for receiving a good or service. Money just facilitates making change and keeping score."
Socialism
"A system where more goods and services are provided to those who provide less goods and services." Leads to less goods and services.
Communism
"Where the link to producing goods and services and receiving goods and services is severed. Outdated, shabby or no production follows. Leads in time to a robust Free Enterprise system - starting with a black market."
"This system is not bad, it is just how things have worked in every functional society since time began. Someone provides a good or service in exchange for receiving a good or service. Money just facilitates making change and keeping score."
Socialism
"A system where more goods and services are provided to those who provide less goods and services." Leads to less goods and services.
Communism
"Where the link to producing goods and services and receiving goods and services is severed. Outdated, shabby or no production follows. Leads in time to a robust Free Enterprise system - starting with a black market."
GERS CHART
Disclaimer
**Traditional SkunK Disclaimer.
Note: I am a shareholder - I do not work for, nor do I receive any direct or indirect payment from GERS or anyone associated with them. (But it would be Kapitalist Kool if I did) I will not intentionally mislead - but I can be wrong (ask Mrs. SkunK for specific frequencies) - so do your own due diligence - and take responsibility for your own financial decisions – (and your own life in general) good or bad. I do not give financial advice - I let you look at my dd as I try to make sense of it all and make MY decisions. Make your own! I have been rightfully accused of being a rather cheery, positive individual who laughs at every opportunity. These tendencies may cause me to overlook deficiencies in this stock that are painfully obvious to others. Celebrate today - and some good garage logic luck to ya.
SkunK
(Blogger formerly know as Skunk)
Disclaimer for those who need additional clarification. . .
My beliefs and the financial strategies discussed on this site are not to be used without proper financial analysis of your personal situation. Better yet, you do not have my permission to use them at all. I strongly suggest you seek help of a financial advisor or, even better, a Certified Financial Planner in order to assist you in any financial planning. I am not selling or advising you to buy any financial products. I am not selling or advising you to buy this stock or any other stock! I am just blogging about one of my favourite subjects! This is a hobby for me and should only be entertainment for you. You may analyse my opinions and determine if they suit you or not. I hope that your personal finance path to your goals will be covered with success and profit. Enjoy your reading.
Additional Disclaimer for the real knukleheads . . . .
Look, if your still reading this disclaimer and haven't figured out my name is SkunK and I don't know nothin' then you really need help. If you still want to blindly go out and do whatever some dude on the internet does then I can't help you. If you are not emotionally secure enough to suffer another's opinion - then turn the dang channel. Quickly seek a mental health professional! I am not one of them either!
Still do not understand? This is for the Lawyers (lol)
DISCLAIMER: The author is not a registered stockbroker nor a registered advisor and does not give investment advice. His comments are an expression of opinion only and should not be construed in any manner whatsoever as recommendations to buy or sell a stock, option, future, bond, commodity, index or any other financial instrument at any time. While he believes his statements to be true, they always depend on the reliability of his sources. The author recommends that you consult with a qualified investment advisor, one licensed by appropriate regulatory agencies in your legal jurisdiction, before making any investment decisions, and that you confirm the facts on your own before making important investment commitments.
Note: I am a shareholder - I do not work for, nor do I receive any direct or indirect payment from GERS or anyone associated with them. (But it would be Kapitalist Kool if I did) I will not intentionally mislead - but I can be wrong (ask Mrs. SkunK for specific frequencies) - so do your own due diligence - and take responsibility for your own financial decisions – (and your own life in general) good or bad. I do not give financial advice - I let you look at my dd as I try to make sense of it all and make MY decisions. Make your own! I have been rightfully accused of being a rather cheery, positive individual who laughs at every opportunity. These tendencies may cause me to overlook deficiencies in this stock that are painfully obvious to others. Celebrate today - and some good garage logic luck to ya.
SkunK
(Blogger formerly know as Skunk)
Disclaimer for those who need additional clarification. . .
My beliefs and the financial strategies discussed on this site are not to be used without proper financial analysis of your personal situation. Better yet, you do not have my permission to use them at all. I strongly suggest you seek help of a financial advisor or, even better, a Certified Financial Planner in order to assist you in any financial planning. I am not selling or advising you to buy any financial products. I am not selling or advising you to buy this stock or any other stock! I am just blogging about one of my favourite subjects! This is a hobby for me and should only be entertainment for you. You may analyse my opinions and determine if they suit you or not. I hope that your personal finance path to your goals will be covered with success and profit. Enjoy your reading.
Additional Disclaimer for the real knukleheads . . . .
Look, if your still reading this disclaimer and haven't figured out my name is SkunK and I don't know nothin' then you really need help. If you still want to blindly go out and do whatever some dude on the internet does then I can't help you. If you are not emotionally secure enough to suffer another's opinion - then turn the dang channel. Quickly seek a mental health professional! I am not one of them either!
Still do not understand? This is for the Lawyers (lol)
DISCLAIMER: The author is not a registered stockbroker nor a registered advisor and does not give investment advice. His comments are an expression of opinion only and should not be construed in any manner whatsoever as recommendations to buy or sell a stock, option, future, bond, commodity, index or any other financial instrument at any time. While he believes his statements to be true, they always depend on the reliability of his sources. The author recommends that you consult with a qualified investment advisor, one licensed by appropriate regulatory agencies in your legal jurisdiction, before making any investment decisions, and that you confirm the facts on your own before making important investment commitments.
When you're one step ahead of the crowd you're a genius. When you're two steps ahead, you're a crackpot.
--Rabbi Shlomo Riskin
First they ignore you. Then they laugh at you. Then they fight you. Then you win.
-- Gandhi
Remember the only reason the herd is on the move is because they finally figured out the last place they rushed off to was wrong! -- SkunK
Git your dirty feet off the furniture! -- Mrs. SkunK
--Rabbi Shlomo Riskin
First they ignore you. Then they laugh at you. Then they fight you. Then you win.
-- Gandhi
Remember the only reason the herd is on the move is because they finally figured out the last place they rushed off to was wrong! -- SkunK
Git your dirty feet off the furniture! -- Mrs. SkunK
SkunK's Free GERS Video Store
Posts
It just don't fit anywhere else!
SkunK's Public Library; Magazine Section
- June 2008 Bio-Diesel Mag - New Bio-Diesel method that can use corn oil
- Marion (3rd COE) site and COE/Biodiesel
- Dr. Bayless explains Algae process he sold to Greenshift
- Our Algae slime is 94% starch and 6% oil
- and the super "algae" comes from Yellowstone
- Biodiesel Nov 2006 - The Matchmaker
- Forbes Dan Fisher Article
- Distillers Grain Quarterly - 2007 1st Quarter - "COE Opens New Markets"
10 comments:
Way too many factual components that form the basis of the SJ for the Appellate Court to over rule all of them. Violation of the on-sale bar appears not be that important, if at all. The last paragraph describing GERS behavior is most disturbing. This almost tantamount to the judge rejecting GERS' claims with prejudice. The Appellate Court will NOT over turn this. The patents are worthless, they are the basis of this company, therefore the company is worthless. Make your own judgement about the value of the stock.
Put another way, the chance of a successful appeal is about the same as GERS' share price expressed as a percentage.
Farewell, trolls.
If people can read and/or if folks are still paying attention, the PPS should disappear today as folks scramble to get out. That exit portal is very narrow. With no one buying and dilution no longer an option how can the company pay its bill and survive? How long before GPRE and others terminate their licenses? Rally, how long to BK?
they will win on appeal... Most of this will be overturned. I expect a jury trial to be the end result. A jury and/or appellate judge will see thru the science which this judge obviously could not. I think this was well over his head...
"Most of this will be overturned". Unfortunately, all of it will have to be overturned for the SJ not to stand. It is now a pipe-dream that GERS will prevail at the Appellate level; the consequences of not doing so are obvious to any who care and/or pay attention.
http://www.bloomberg.com/news/2010-10-12/duke-energy-wins-verdict-reversal-in-epa-lawsuit-over-indiana-power-plants.html
The appeals court also said that U.S. District Judge Larry J. McKinney, who presided over the trial in Indianapolis, improperly admitted expert testimony proffered by the EPA.
http://www.theindianalawyer.com/indiana-court-decisions---sept-4---17-2013/PARAMS/article/32442
Judge Larry McKinney of the U.S. District Court for the Southern District of Indiana granted summary judgment in favor of SPX on all claims, but the 7th Circuit Court of Appeals reversed.
http://www.woodmclaw.com/attorney/douglas-b-king
After the defendants’ motion for summary judgment was granted, and then reversed on the plaintiff’s appeal to the U.S.C.A. for the 7th Circuit (¶ 23 on the case list of published decisions), the case was remanded for trial to Larry McKinney
http://www.cafcblog.com/wp-content/uploads/2013/11/Centillion-Data-Sys.-LLC-V.-Qwest-Commc%E2%80%99ns.-Int%E2%80%99l-Inc.1.pdf
Appeal from the United States District Court for the
Southern District of Indiana in Nos. 04-CV-0073 and 04-
CV-2076, Judge Larry J. McKinney.
"Because we reverse the summary judgment of noninfringement
with respect to eBC, we vacate the district
court’s award of costs to Qwest."
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2013/D04-15/C:12-2255:J:Williams:aut:T:fnOp:N:1118572:S:0
Apr 15, 2013 ... 1:10-cv-00765―Judge Larry J. McKinney erred, ... So we reverse the summary judgment
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