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Post by z06mike on Jan 28, 2011 15:04:17 GMT -5
Still don't quite understand why he is appealing this case if PM and GI are the holdup. Why not just go after them? This works very well for Al because now the appeal goes to the 9th Circuit Court...that's a plus. It puts it in the right court for a Bivens suit and should the appeal be granted, opens the door to discovery...which is where the real pressure exists. Its terrific strategy, especially if you know this is headed to appeal at the onset. Hodges has been around the bend a few times and has won three or four Bivens cases previously. Obviously this didn't take him by surprise. I'm guessing that if payment would have, or still does, occur before court he could withdraw this in a nano-second. But unlike those who have whined and screamed about "going to do something if..." Hodges actually has stepped up and DID something to ensure there are no "ifs." I can't see this as anything but good. Would it not have been worse if he said, "forget it, I'm done"...I think so. Filing the appeal sets precedent for continuation. Proof doesn't come until discovery stage and that could be a ways off. But it is moving...which is better than being dormant. Perhaps Lumiere can add some qualified opinion on the matter. pr Port, I don't disagree with most of what you stated, but we were told several times that payment was imminent and that he wouldn't have to file. Perhaps you meant that this was "anticipated" rather than "Its terrific strategy, especially if you know this is headed to appeal at the onset." If so, did you know at the onset it was headed to appeal? And, what about the appellate court makes it the right place for the Bivens? Just curious. I had no idea that Al had previous won three or four Bivens suits. That's a good fact to know. Thanks. Mike
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Post by ishmel on Jan 28, 2011 15:07:14 GMT -5
Al has to prove why the Judges decision was wrong to be granted an appeal. I am anxious to see how he plans on doing that. I can't for the life of me come up with even a plausible answer for that one. All Hodges is doing at this point is arguing with the courts that the decision made was the wrong one for what ever reason. Al can't say he has new evidence to present, that does not matter. I find it high unlikely that the current decision will be over turned. Thus wasting more of our time and thus making way for more misinformation to come.
Portrush, how is the 9th Circuit Court of Appeals the right court for us to be in? I'm thinking the last place we want to be in is an appellate court room.
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Post by agfadoc on Jan 28, 2011 15:13:03 GMT -5
Well the 9th Circuit is suspected as the most overturned in America.. Most overturned court in the United States Of the 80 cases the Supreme Court decided this past term through opinions, 56 cases arose from the federal appellate courts, three from the federal district courts, and 21 from the state courts. The court reversed or vacated the judgment of the lower court in 59 of these cases. Specifically, the justices overturned 40 of the 56 judgments arising from the federal appellate courts (or 71%), two of the three judgments coming from the federal district courts (or 67%), and 17 of the 21 judgments issued by state courts (or 81%). Notably, the 9th Circuit accounted for both 30 percent of the cases (24 of 80) and 30 percent of the reversals (18 of 59) the Supreme Court decided by full written opinions this term. In addition, the 9th Circuit was responsible for more than a third (35%, or 8 of 23) of the High Court’s unanimous reversals that were issued by published opinions. Thus, on the whole, the 9th Circuit’s rulings accounted for more reversals this past term than all the state courts across the country combined and represented nearly half of the overturned judgments (45%) of the federal appellate courts.[7] The 9th Circuit also hears the most cases of any of the circuit courts and thus has the most decisions move on to the Supreme Court. judgepedia.org/index.php/United_States_Court_of_Appeals_for_the_Ninth_Circuit
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Post by portrush on Jan 28, 2011 15:13:38 GMT -5
Port, I don't disagree with most of what you stated, but we were told several times that payment was imminent and that he wouldn't have to file. Perhaps you meant that this was "anticipated" rather than "Its terrific strategy, especially if you know this is headed to appeal at the onset." If so, did you know at the onset it was headed to appeal? And, what about the appellate court makes it the right place for the Bivens? Just curious. I had no idea that Al had previous won three or four Bivens suits. That's a good fact to know. Thanks. Mike "Anticipated" would have been a better word choice, yes. I agree. Thanks for the clarity. I would be surprised if any attorney plans for appeal...but certainly any good strategist would plan for all possibilities whether anticipated or simply just chance. pr
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Post by agfadoc on Jan 28, 2011 15:13:59 GMT -5
So... how does that effect our case if they rule on it either way?
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Post by z06mike on Jan 28, 2011 15:28:02 GMT -5
So... how does that effect our case if they rule on it either way? Ag, that's my question too. It's not clear to me, other than the standard "pressure" that Al can or will release evidence, but wouldn't that have to go to a completely different case? Mike
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Post by agfadoc on Jan 28, 2011 16:29:37 GMT -5
So... how does that effect our case if they rule on it either way? Ag, that's my question too. It's not clear to me, other than the standard "pressure" that Al can or will release evidence, but wouldn't that have to go to a completely different case? Mike The only words that come to mind is.... YEARS and DECADES.. Oh and other things that men think of every 25 seconds.. but I'll digress..
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Post by Zoinkers on Jan 28, 2011 16:48:10 GMT -5
Ag, that's my question too. It's not clear to me, other than the standard "pressure" that Al can or will release evidence, but wouldn't that have to go to a completely different case? Mike The only words that come to mind is.... YEARS and DECADES.. Oh and other things that men think of every 25 seconds.. but I'll digress.. Well at least we already have the years part behind us, but if it will be to many decades, then I'm afraid I may be posting with the assistance of a Ouija board. Z.
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Post by tripper on Jan 28, 2011 16:53:46 GMT -5
If Al had the evidence he would have showed it by now. There is a couple of things we can chalk up to fact however:
1. There was no packages waiting anywhere. Fact. 2. Nothing was imminent, because there is nothing.
This is just a mechanism by which the share selling pumpers can alleviate the doubts of potential buyers. Again...If Al had the Holy Grail he would have drank from it by now.
tripper
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Post by shandare on Jan 28, 2011 17:05:48 GMT -5
If Al had the evidence he would have showed it by now. There is a couple of things we can chalk up to fact however: 1. There was no packages waiting anywhere. Fact. 2. Nothing was imminent, because there is nothing. This is just a mechanism by which the share selling pumpers can alleviate the doubts of potential buyers. Again...If Al had the Holy Grail he would have drank from it by now. tripper This is fantastic! This board is full with "wanna-be-lawyers" who can shed so much light on our situation and love to show us how much more they know than Al. As for me, I will leave the legal maneuvering to those that actually went to school for it and have practiced it for over 30 years. Yes, I am making an assumption that most of those posting on this board do not have a law degree and for those that do, I apologize for my broad stroke.
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Post by e362 on Jan 28, 2011 17:09:38 GMT -5
Still don't quite understand why he is appealing this case if PM and GI are the holdup. Why not just go after them? This works very well for Al because now the appeal goes to the 9th Circuit Court...that's a plus. It puts it in the right court for a Bivens suit and should the appeal be granted, opens the door to discovery...which is where the real pressure exists. Its terrific strategy, especially if you know this is headed to appeal at the onset. Hodges has been around the bend a few times and has won three or four Bivens cases previously. Obviously this didn't take him by surprise. I'm guessing that if payment would have, or still does, occur before court he could withdraw this in a nano-second. But unlike those who have whined and screamed about "going to do something if..." Hodges actually has stepped up and DID something to ensure there are no "ifs." I can't see this as anything but good. Would it not have been worse if he said, "forget it, I'm done"...I think so. Filing the appeal sets precedent for continuation. Proof doesn't come until discovery stage and that could be a ways off. But it is moving...which is better than being dormant. Perhaps Lumiere can add some qualified opinion on the matter. pr Port, AH's last update was that GI and PM were in control of the release. I don't see how suing the SEC for the release, that by his own admission doesn't control the release of the funds, works well for him. Its akin to me suing you for money I lent to my neighbor. If this is all a ploy to use the pressure to keep this from discovery then suing PM and GI would have a better chance of seeing discovery than suing the sec with all its built in legal safeguards. JMO
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erock1
Diamond Finder
Posts: 57
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Post by erock1 on Jan 28, 2011 17:17:40 GMT -5
well here we go folks another spin around the sun ..see you all next year been a slice hopefully wolfs action can conjure some answers
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Post by tripper on Jan 28, 2011 17:28:15 GMT -5
If Al had the evidence he would have showed it by now. There is a couple of things we can chalk up to fact however: 1. There was no packages waiting anywhere. Fact. 2. Nothing was imminent, because there is nothing. This is just a mechanism by which the share selling pumpers can alleviate the doubts of potential buyers. Again...If Al had the Holy Grail he would have drank from it by now. tripper This is fantastic! This board is full with "wanna-be-lawyers" who can shed so much light on our situation and love to show us how much more they know than Al. As for me, I will leave the legal maneuvering to those that actually went to school for it and have practiced it for over 30 years. Yes, I am making an assumption that most of those posting on this board do not have a law degree and for those that do, I apologize for my broad stroke. Common sense is not dependent on a law degree. You stated "As for me, I will leave the legal..." That's your problem. You leave it to other people to dictate truth to you. Because they have a piece of paper on the wall you rationalize that they know BEST, they can do the BEST, and they are doing the BEST by us. It must be grand to live in such a world. As for myself I understand all to well the complexities of human nature and that paper on Mr. Hodges wall doesn't make him exempt from the worst of them. Believe what you will. There are some reasons why people trust in Mr. Hodges. I wouldn't deny that ever. Those reasons however do not sway ME as an individual. If those reasons sway you...fine, but please don't believe in something based on a paper on a wall because if that's the only thing you have to hold on to, then perhaps you need to reevaluate. I'm just saying...
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falcman1
Dr. Of Diamonds
SOON!
Posts: 131
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Post by falcman1 on Jan 28, 2011 17:38:25 GMT -5
This is fantastic! This board is full with "wanna-be-lawyers" who can shed so much light on our situation and love to show us how much more they know than Al. As for me, I will leave the legal maneuvering to those that actually went to school for it and have practiced it for over 30 years. Yes, I am making an assumption that most of those posting on this board do not have a law degree and for those that do, I apologize for my broad stroke. Common sense is not dependent on a law degree. You stated "As for me, I will leave the legal..." That's your problem. You leave it to other people to dictate truth to you. Because they have a piece of paper on the wall you rationalize that they know BEST, they can do the BEST, and they are doing the BEST by us. It must be grand to live in such a world. As for myself I understand all to well the complexities of human nature and that paper on Mr. Hodges wall doesn't make him exempt from the worst of them. Believe what you will. There are some reasons why people trust in Mr. Hodges. I wouldn't deny that ever. Those reasons however do not sway ME as an individual. If those reasons sway you...fine, but please don't believe in something based on a paper on a wall because if that's the only thing you have to hold on to, then perhaps you need to reevaluate. I'm just saying... Very well said.....
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Post by e362 on Jan 28, 2011 17:42:29 GMT -5
If Al had the evidence he would have showed it by now. There is a couple of things we can chalk up to fact however: 1. There was no packages waiting anywhere. Fact. 2. Nothing was imminent, because there is nothing. This is just a mechanism by which the share selling pumpers can alleviate the doubts of potential buyers. Again...If Al had the Holy Grail he would have drank from it by now. tripper This is fantastic! This board is full with "wanna-be-lawyers" who can shed so much light on our situation and love to show us how much more they know than Al. As for me, I will leave the legal maneuvering to those that actually went to school for it and have practiced it for over 30 years. Yes, I am making an assumption that most of those posting on this board do not have a law degree and for those that do, I apologize for my broad stroke. Shandare, A high percentage of the politicians in Washington are lawyers.....hows that working out? ;D
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