Owner
Post by Franko10 ™ on Apr 5, 2005 17:31:26 GMT -5
cmkxdiamond.proboards32.com/index.cgi?action=display&board=general&thread=1112707882&start=45
We won't yet know what the company will plead in its response to the SEC Order, but according to KevinW777, we will have the Intervention posted this evening.
In the meanwhile, go back and read the SEC Order to familiarize yourselves with the actual issues that will be heard at the hearing.
www.noboxtrading.com/cmkx/press_releases/031605secorder.asp
Then, when the Intervention is posted, compare what is plead in the Intervention to what the hearing is going to be about. Ask yourself how the pleadings contained in the Intervention helps to explain any of the allegations set forth in the Court's Order? Is it just a bunch of jibberish about naked shorted shares, or is there anything contained in the Intervention that the company, on its own, would not be in a better position to answer? What authority is stated in the Intervention to give them the right to intervene? (Possibly FRCP 24, some administrative rule, or possibly there is none).
We should also, most likely, find out the name of the local counsel retained by Frizzell in D.C.. I don't believe Mr. Frizzell has been admitted to proceed pro hac vice, so I expect local counsel will be signing off on the Intervention alone, or along with Mr. Frizzell. Somebody can have fun DDing the new kid on the block.
Even though we won't know the direction the company is going to take, at least we'll know the direction the intervenors are taking. There's never a lack of monkey wrenches in this stock play.
JJ
We won't yet know what the company will plead in its response to the SEC Order, but according to KevinW777, we will have the Intervention posted this evening.
In the meanwhile, go back and read the SEC Order to familiarize yourselves with the actual issues that will be heard at the hearing.
www.noboxtrading.com/cmkx/press_releases/031605secorder.asp
Then, when the Intervention is posted, compare what is plead in the Intervention to what the hearing is going to be about. Ask yourself how the pleadings contained in the Intervention helps to explain any of the allegations set forth in the Court's Order? Is it just a bunch of jibberish about naked shorted shares, or is there anything contained in the Intervention that the company, on its own, would not be in a better position to answer? What authority is stated in the Intervention to give them the right to intervene? (Possibly FRCP 24, some administrative rule, or possibly there is none).
We should also, most likely, find out the name of the local counsel retained by Frizzell in D.C.. I don't believe Mr. Frizzell has been admitted to proceed pro hac vice, so I expect local counsel will be signing off on the Intervention alone, or along with Mr. Frizzell. Somebody can have fun DDing the new kid on the block.
Even though we won't know the direction the company is going to take, at least we'll know the direction the intervenors are taking. There's never a lack of monkey wrenches in this stock play.
JJ
