Denied

“ELECTRONIC  Minute Entry for proceedings held before Judge Reed C O’Connor: Motion Hearing held on 11/17/2010 re [10] Motion to Dismiss/Lack of Jurisdiction, filed by David Feuerborn, Thomas Jennings, Lawrence Shultz, Environmental Services and Support, Inc; Court denies this motion.  Attorney Appearances: Plaintiff – S. George Alfonso; Defense – Neil Cary Evans. (Court Reporter: Denver Roden) (No exhibits) Time in Court – 1:00 (chmb)”

I found this on PACER this morning.  It looks as if the hearing took place in Dallas, TX yesterday as scheduled and Neil C. Evans (David Feuerborn’s criminal attorney) flew from California (presumably on ESS investor money if not all of it has already been spent on exotic cars and interior decorating) to represent all the Defendants.  Wouldn’t it be cheaper to get a Texas attorney?  This is just another example of how these guys spend other people’s money without giving a flying hoot.  Oh, btw, the Defendants lost so the trial will remain in Texas.  I still find it odd that Mr. Evans has time to fly to Texas to represent the Defendants even though he is telling the judge in the Criminal Case that he needs multiple continuances, because he doesn’t have enough time to prepare David’s defense.  It would seem as if there are some inconsistencies between his claims and his actions.    

The Civil Case will remain in Texas.  I will try and obtain a transcript of the proceedings.  If there is anything of relevance I will post it on this blog.

Let’s think about this logically.  If you had invented a miracle cleaner that is truly environmentally friendly and works as represented to chemically separate oil from solids then why would you want a long and public trial with a previous partner that makes the claim that your solvent is a complete fraud.  Wouldn’t that make it difficult to find a new partner?  It makes no logical sense to continue this nonsense if you have a real product.  Maybe they are getting some bad legal advice, or they know they scammed Freestone and they are trying to hold on to what they obtained in the scam.  Also, David and Thomas are facing jail time in the Criminal Case.  How does it look to have an ongoing Civil Case making the claim that you defrauded a public company while the United States Government is alleging that you defrauded them!  If it quacks like a duck...then its a duck.  In this case, if it chirps like a jail bird then it probably is one, or at least its about to be.

 

- ESS Investor