Thursday, March 1, 2018

NLT 14 Days

IT IS ORDERED THAT:
Appeal Nos. 2016-2231, 2017-1838 remain deactivated and Appeal No. 2017-1832 remains stayed. No later than 14 days following the district court’s ruling on the motion for reconsideration in Appeal Nos. 2016-2231, 2017-1838, the parties are directed to inform this court as to how they believe these appeals should proceed.

See Here:

SkunK

51 comments:

nobody123789 said...

I think, and this is not authoritative, that the Chief Justice of the Federal Circuit is telling GERS that the appeal cannot continue until the other cases (which impact this one in ways I do not understand) are fully concluded. If I am correct, this is the Federal Circuit's response to the last filing in which GERS claims: "Thus, there is simply no basis for this appellate court to prevent Appellants from going forward with their appeal".

It appears that Chief Justice Prost does not agree. So, again, if I am correct, this means more ill-defined delay until the two cases are concluded in the district courts.

If you thought that this was going to be easy? I am now thinking that there will be no resolution here until late in 2019. Perhaps I am becoming jaded, and I would welcome any legitimate, fact-based view that has a brighter outlook.

Anonymous said...

I am confused... Why are there two separate appeals?

Slashnuts said...
This comment has been removed by the author.
Slashnuts said...

This Could Get Interesting, Real Quick!

There appears to be confusion about the two remaining appeals. 2016-2231 and 2017-1838 are in regards to the separate Adkins Energy case in the ND of Ill. As I wrote in post #45664, we are waiting on Judge Pallmeyer's decision on GERS' motion for reconsideration in the Adkins case. What's encouraging is an opinion has yet to be rendered, even though Miller has given his opinion. What's the hold-up?

If Judge Pallmeyer rules in favor of GERS' motion, things will get interesting real quick! By coming to a different conclusion than Miller, Judge Pallmeyer would essentially be siding with the USPTO and the Federal Circuit.

By the way, we do not want 2016-2231 to be appealed successfully. Adkins lost to GERS when McKinney ruled Adkins failed to obtain permits required in the contract. Hence, the appeal by Adkins.

"As a result, Adkins has not established its substantial performance under the Agreement or that CleanTech breached its terms. Therefore, Adkins’ Motion must be DENIED"

https://drive.google.com/file/d/0B_ch8gAs4lCcMzNhOVdvcWJmZVk/view

Adkins 2016-2231 Appeal link...

https://drive.google.com/file/d/0B_ch8gAs4lCca1JWY1gtNjkta3M/view

In short, ICM requested a stay until June 15, GERS requested the appeal to proceed. Chief Justice, Prost, simply said what she's been saying all along. The court of appeals will proceed when both judge's rule on GERS' motion for reconsideration.

I find it encouraging the stay was not put in place until June 15, like defendants requested. I'm hopeful Judge Pallmeyer will reconsider. I'm guessing The Court of Appeals will lift the stay after this decision is rendered here shortly. Otherwise, the court would've left the stay in place until the 15th of June.

Good Luck To All!$!$


Slashnuts said...

From BTZO's NT-10Q...

Is it anticipated that any significant change in results of operations from the corresponding period for the last fiscal year will be reflected by the earnings statements to be included in the subject report or portion thereof?

[X] Yes [ ] No

If so, attach an explanation of the anticipated change, both narratively and quantitatively, and, if appropriate, state the reasons why a reasonable estimate of the results cannot be made.

The financial results of GreenShift Corporation, which are not yet available, will be consolidated with those of Bitzio, Inc.
https://www.sec.gov/Archives/edgar/data/1347078/000149315216014791/0001493152-16-014791-index.htm

PVSP NT-10K

Is it anticipated that any significant change in results of operations from the corresponding period for the last fiscal year will be reflected by the earnings statements to be included in the subject report or portion thereof? x Yes ¨ No

We are not yet able to release any financial information at this time due to the potential impact on our financial results of certain complex transactions that require additional review from our independent registered public accounting firm.
https://www.sec.gov/Archives/edgar/data/90721/000101738617000027/0001017386-17-000027-index.htm

Both PVSP and BTZO stated yes speaking of complex transactions and consolidation with GERS financials as the reason filings are being held up.

In the BTZO/GERS release, it mentions planned future transactions involving the transfer of PVSP (complex transactions) to GERS and the merger of Bitzio and GERS(consolidation). The news was released after the transaction was completed.
https://www.businesswire.com/news/home/20160128006279/en/FLUX-Carbon-Completes-Acquisition

When we read the GERS NT-10K, the answer to the question any significant changes expected in results/earnings, the answer is no.

GERS NT-10K

Is it anticipated that any significant change in results of operations from the corresponding period for the last fiscal year will be reflected by the earnings statements to be included in the subject report or portion thereof?
? Yes? No
https://www.sec.gov/Archives/edgar/data/1269127/000109690617000211/greenshift.htm

It's interesting GERS said no. Is it because the merger(s) were not complete and therefore would not impact that years financials? Is it because two shells, with not much revenue, wouldn't impact the financials? How long do complex mergers take to complete? Was a merger(s) cancelled? Are the financials being delayed due to the litigation?

The defendants weaponized our public filings. They used information in our financials against us. Could the delay be intentional and litigation related?

According to the SEC, GERS is not required to file, so why give the defendants any information?

https://investorshub.advfn.com/boards/read_msg.aspx?message_id=138882718

The most documented shareholders I can recall was around 1,000. That was many years ago. This is well below the required minimum of 2,000. We're probably below 500 as well, considering lot's of people were R/S out. We could be below 300, considering how quickly it moves on such little volume.

IMO, the above suggests BTZO and PVSP were/are being merged into GERS. GERS is the surviving entity. The stock prices of each company suggest the same.

Good Luck To All!$!$

Anonymous said...

I have never been more confused than I am now. An that makes me feel even more certain that in some way, shape or form the GERS common shareholder will not be benefiting from any court win or settlement. With all those years of shady Yaggie toxic financing deals, reverse splits, and preferred share issues, does anyone really know what is going on here? Is CC still our lead attorney? If so, I get the feeling that if this is further delayed, they may just resign. The attorney fees must be huge on this...

nobody123789 said...

If the contingency fee arrangement is still in place they get nothing if they resign.

This is not the place for the frantic or insecure. My recommendation, for what it is worth, is that you think of your GERS' common shares as lottery tickets with the drawing to be held at a time yet to be determined. That time is when the Federal Circuit decision is announced on PACER. Then you can make the decision whether to ride the news or cash out. Any other approach is not good for one's mental health.

Anonymous said...

My Scottrade account just got sold and transferred to TD Ameritrade. I went to buy some GERS and TD Ameritrade would not buy. My USAA account has not allowed me to buy for years. What is a good brokerage for this black swan lottery back alley crap game super stock?

Slashnuts said...

"Our plan is to finance, build, own and operate facilities based on our technologies to generate shareholder value by producing and selling renewable fuels, plastics, resins and other carbon-neutral offsets from low-value lignin and other cellulosic feedstocks; including pulp and paper by-products, first generation biofuel by-products, and other overlooked carbon-containing residuals. We are evaluating a number of acquisitions and other transactions in that regard as well, some of which include existing production assets that are ideal for co-location of facilities based on our technologies. First generation biofuel plants can be particularly favorable targets inasmuch as our technologies have been proven to have the potential to generate more income by converting and refining existing by-products than such plants make today using traditional methods. We believe that dynamic sets us up for valuable consolidation opportunities, and we are looking at two plants for that purpose."

https://ir.mwsinc.com/press-releases/detail/60/meridian-waste-solutions-issues-shareholder-update-letter

Slashnuts said...

Here's my take. Attis Innovations, along with their strategic partner Genarex, are looking to acquire two first generation ethanol plants. The focus will be to implement the co-location of facilities based, in part, on GERS' patented technologies for the purpose of converting and refining ethanol by-products into those of higher value.

Specifically, they're targeting the transformation of DDGS into plastics and resin extenders as well as the production of biodiesel from extracted corn oil. In addition, both MRDN and GERS have unique patented lignin extraction technologies from waste streams of pulp/paper mills and cellulosic ethanol.

Simply stated, they're going to make ethanol, squeeze the oil out, produce biodiesel from it, and make plastic/resins from waste DDGS and lignin.

GreenShift's Patented...
DDGS to plastic
Advanced oil extraction
Biodiesel processing
Renewable fuel blending
Lignin extraction

All under one roof...
http://www.greenshift.com/products

Here's a few paragraphs from GreenShift's website to tie all of this together.

GreenShift has developed a substantial portfolio of technologies in this industry to further capitalize on its innovations. These technologies include:
Advanced Corn Oil Extraction Methods that significantly increase extraction rates. These advanced methods include: Chemical Addition, Mechanical Washing and/or Thermal Treatment
Biodiesel Processing Technologies and Ideally Scaled Co-Located Biodiesel Systems
Fuel Distribution and Blending technology

GreenShift and its partners have and continue to develop a substantial portfolio of technologies in this field to further capitalize on this opportunity. These technologies include:
Lignin Purification Technology
Lignin Derived Chemicals


"GreenShift has always looked to evaluate waste streams and otherwise low value byproducts in other industries. One such industry is pulp and paper production where black liquor concentrate presents another opportunity to extract a highly valuable, complex polymer, known as lignin, contained within an otherwise low value byproduct stream. Such a process would also have far reaching implications for renewable fuel production where cellulosic feedstocks are used and lignin is contained within its byproduct stream."

"GreenShift has invested in and continues to invest in the development of cost effective extraction and purification process technologies that can be adopted by pulp and paper manufacturing facilities as well as lignocellulosic ethanol facilities."

The concept of co-locating biodiesel at ethanol plants has been a natural evolution of corn ethanol facilities that extract corn oil. Today, as biodiesel production requirements are becoming more stabilized, integrating biodiesel at an ethanol facility can be a highly effective means to improve profits associated with corn oil extraction.


http://www.greenshift.com/about

Good Luck To All!$!$

nobody123789 said...

Schwab and E*TRADE currently allow purchasing of GERS stock. I do not know of others; if anyone else does it would be helpful to post them.

Anonymous said...

Slash
I get the whole generex ddg gers thing. What's the connection to biodiesel or are you grasping at straws.

Slashnuts said...

Unprofitable Lignin To Become Valuable Plastic...

NRRI collaborates to move innovative technologies to commercialization.
“NRRI brings great value to this whole project.” - David Winsness, president, Attis Innovations

Lignin gives trees their strength. It’s the glue that holds plants together. It’s also an unexploited treasure – at least from a chemical point of view. Making up about 30 percent of a plant’s composition, lignin is currently incinerated when cellulose is harvested for wood pulp or at biorefineries producing fuels, heat and chemicals from biomass.

NRRI is part of a team effort to unlock lignin’s potential as a high value, renewable bio-plastic with a $3 million grant from the U.S. Department of Agriculture.

Eric Singsaas, director of NRRI’s Wood Products and Bioeconomy Initiative, developed a patented process that separates a tree’s cell wall compounds: cellulose, hemicellulose and lignin. Scientists at Oak Ridge National Laboratory and the University of Tennessee figured to how to make a polymer resin from the lignin. This bio-plastic can replace the popular ABS (acrylonitrile-butadiene-styrene) material, which is derived from petroleum. Attis Innovations, Inc. is the company that will commercialize the technologies.

“We are very excited about this,” said David Winsness, president of Attis Innovations. “We can potentially double the revenue for biorefineries and make that industry sustainable.”

The lignin will be converted into ABL (acrylonitrile-butadiene-lignin) resin, worth about $1.20 per pound. For comparison, lignin burned for energy is valued at only five cents per pound. And industries are seeking bio-based composites. The lignin-based resin will compete directly with ABS resin, a durable plastic commonly used in home siding and window products, bumpers on cars, whitewater canoes and many household products.

“Realizing that difference in value and expanding markets for lignin makes an integrated biorefinery financially viable,” said Winsness. “We’ll be able to sell Minnesota forest resources into markets that don’t typically use them, and add value to the fledgling biorefinery industry.”

The first target is to develop composite siding products. NRRI will be testing its fast-growing hybrid poplar tree species to make the first sample plastics. By the end of three years, the team plans to have sufficient quantities of the lignin-based resin to demonstrate its properties. Then it will branch out into the automotive market and beyond. NRRI will also analyze the properties of lignin from a variety of tree species and other plant materials.

“NRRI brings great value to this whole project,” said Winsness. “They understand the process, they know how to develop new products and they have the analytical capabilities we need.”

https://www.nrri.umn.edu/natural-resources-research-institute/news/lignin-plastic

Good Luck To All!$!$

Slashnuts said...
This comment has been removed by the author.
Slashnuts said...

David Winsness, President of Attis Innovations!

Greenshift's inventor, David Winsness, is president of Attis Innovations. Suddenly, the partnership with Genarex makes sense. I now believe MRDN licensed GERS' biodiesel processing technology.

"Attis Innovations, Inc., of a license agreement for proprietary biofuel process technology proven with initial testing to provide for significant improvements in conversion efficiency."

"Expected to Improve Conversion Efficiency and Profitability"


https://globenewswire.com/news-release/2018/01/16/1289804/0/en/Meridian-Waste-Solutions-Attis-Innovations-Executes-License-for-Proprietary-Biofuel-Process-Technology.html

From GreenShift's website...

"Biodiesel Processing Technologies and Ideally Scaled Co-Located Biodiesel Systems"

"Technology advances allow for improved conversion rates and efficiencies over much of the infrastructure in place."

"integrating biodiesel at an ethanol facility can be a highly effective means to improve profits associated with corn oil extraction."

http://www.greenshift.com/products/biodiesel

Good Luck To All!$!$

nobody123789 said...

Is it true that Dave Winsness is now CEO of Greenshift? https://www.zoominfo.com/p/David-Winsness/106902616 (Note date)

Anonymous said...

Fidelity no longer allows me to purchase GERS shares because they are not up to date on their filings. Not that it is illegal, it is just the Fidelity policy.

Anonymous said...

Schwab great service.

Anonymous said...

Slash and nobody you never cease to amaze me. Thanks

Bill V Gerber said...

https://www.bloomberg.com/research/stocks/private/person.asp?personId=23875706&privcapId=23081738&previousCapId=23081738&previousTitle=GreenShift%20Industrial%20Design%20Corporation

Mr. David Winsness, also known as Dave, has been the Chief Executive Officer of GreenShift Industrial Design Corporation since September 2005. Mr. Winsness served as the Chief Technology Officer of GreenShift Corporation from January 2007 to December 2014 and served as its Vice President since October 18, 2013. He served as the President and Chief Executive Officer of GreenShift Corporation (formerly, GS CleanTech Corporation) since January 22, 2007. He served as the President and Chief Operational Officer of GS CleanTech technologies where he led the commercialization effort. He served as the Chief Executive Officer of Veridium Industrial Design Corporation ("VIDC"), a GreenShift portfolio company. He served as the Chief Technology Officer and eventually Chief Executive Officer of Vortex Dehydration Technology where he directed the research, development and commercialization of a technology that is now GS CleanTech's Tornado Generator(TM). He spent his professional career as a process engineer in the chemical, food, pharmaceutical and power generation markets. He spearheaded the addition of over a dozen patented and patent pending technologies to GS CleanTech's portfolio, six of which were developed and authored directly by Mr. Winsness, including GS CleanTech's Corn Oil Extraction Technology. He serves as a Director of GreenShift Corporation. He served as a Director of Carbonics Capital Corporation. Mr. Winsness is a graduate of Clemson University (B.S., Mechanical Engineering) in 1991.

nobody123789 said...

REAL NEWS!

I have confirmed that the this morning's buy of 14,546 shares was made through a TD Ameritrade on line order. I know the person that placed the order. Two weeks ago I confirmed in writing from TD Ameritrade (after they merged with Scottrade) that they would only allow sell orders for GERS, not buy orders -- until the DTC chill was lifted.

Has the DTC chill been lifted? I do not know, but if it has, it means that KK/DW have addressed the long standing irregularity with the transfer agent that precipitated imposition of the chill. It certainly means that the market for GERS has increased; not only for former Scottrade account holders but for TD Amertitrade subscribers (non merged Scottrade accounts) as well.

nobody123789 said...

Bill,

But, from the last filed 10K we have this on the signature page:

By: /s/ KEVIN KREISLER
KEVIN KREISLER
Chief Executive Officer

That is why I questioned the accuracy of Zoominfo's profile. They are a reputable source and if correct indicates a recent change. And it is change(s) that we are searching to identify.

Anonymous said...

I got moved from Scottrade to TD Ameritrade during merger. Last week it was a no go on my GERS order. Today I put in another buy order and now it took. Thanks for the update Nobody.

nobody123789 said...

Thank you for the confirmation. Does any one know how to determine if the DTC chill has been lifted?

nobody123789 said...

Just got off the phone with TD Ameritrade. Agent was very helpful. Conclusion -- GERS is still on the DTC Chill list AS OF THE TIME OF THE CALL. But the fact that you could place and execute an online buy order for GERS today and you could not yesterday (via TD Ameritrade) means that GERS came off the Chill list today and TD Ameritrade's documentation provided to the night agents has not yet been updated and by tomorrow morning it will be, and they will have the new list at that time.

I have a specific number to call tomorrow at TD Ameritrade to obtain that updated list.


Anonymous said...

copy and paste from my tdameritrade account
Your limit order to Buy 22400 GERS at 0.08 was received. Your order number is: 249401598

Anonymous said...

otc markets updated some info today
GERS Security Details
Share Structure
19,644,872
03/13/2018

Anonymous said...

no dilution in over a year

Anonymous said...

DTC may impose a temporary chill that restricts book-entry movement of securities, effectively closing the books and stabilizing existing positions until a merger or other reorganization has been completed.

nobody123789 said...

The DTC Chill has been in place for more than eight years. Nothing temporary about this one.

nobody123789 said...

Anony 10:30 PM,

Please provide a link. All I get from OTC Markets for GERS is "Pink No Information".

nobody123789 said...

Anony 10:30 PM,

That was the market cap not OS count: "Market Cap
19,644,872.

Anonymous said...

Dtcc chill has been lifted

nobody123789 said...

Let the speculation begin!

From TD Ameritrade this morning:
"Thank you for allowing me to assist you today. I have checked with our trade desk and they have confirmed that the DTC chill was lifted late on Monday, March 12. With the chill being lifted you are now able to buy and sell shares of GERS online."

For the ancient GERSlanders, the Chill has been a thorn in our side and an indicator to outside investors that the Greenshift house was in disorder. That specter has been removed, and now any brokerage that allows buys of penny stocks (there still are a few brokerages that hold their noses at any thing less than $3 or more per share) will allow online purchase of GERS.

This is a very important event that has been at least seven years in the making.

For reference: http://greenshift-gers.blogspot.com/2011/07/confirmation.html

Anonymous said...

think we see $1 pps?

nobody123789 said...

The effort required to get off the DTC Chill list appears to make it unlikely that KK is going to take GERS private. It would have served that outcome better to have left the Chill in place.

Anonymous said...

Damn☆ no shares on my order at .08 gotta hafta slap that ask

Anonymous said...

I will try to buy thru Fidelity tomorrow am. If successful, that will be my 50,000 share purchase.

Atlanta said...

I heard a rumor this is a buyout target. Piece of advise; hold the shares.

nobody123789 said...

Buyout? Unlikely as KK has grand plans for GERS that have been on hold since the collapse of the GE Capitol deal as result of the Great Recession.

Anonymous said...

Huge ask slap! 9's gone!

nobody123789 said...

Another confirmation from Schwab:

"After contacting Schwab Trade Support, a specialist confirmed that GERS is currently accepted for custody at Schwab and is not under any trade restrictions".

Anonymous said...

Damn☆ i was gonna slap those. Snooze n loose

Anonymous said...

Seller will be sorry

Anonymous said...

My sight is set on 1 deer hide

Anonymous said...

10x average volume

Anonymous said...

10's up!
lvl2

10's
14.5
39.5
1.00

Anonymous said...

I can't find a broker that won't let me buy gers. Going waaaaaay up! A buck skin plus!

Anonymous said...

True dat! Slap dat ask!

Anonymous said...

To the moon!!!!!!!!!!

Anonymous said...

https://youtu.be/EmfE4KAZicY

 
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