Monday, April 18, 2011

Mixed Bag

It looks like the Civil Case hearing occurred on Friday, and Judge O’Connor made some important rulings:

“ELECTRONIC Minute Entry for proceedings held before Judge Reed C O'Connor: Evidentiary Hearing held on 4/15/2011. The Court denied Plaintiff's Motion for Preliminary Injunction pending Defendants filing affidavits on the record by April 30, 2011 stating that they will not attempt to sell or transfer any Freestone stock without prior authorization from this Court, as well as a proposed Order to that effect. 

Defendants are ORDERED to file their answer and any counter-claims on or before April 30, 2011. Further, Defendants' counsel Neil Evans's deadline for filing a motion to proceed without local counsel or engaging local counsel is hereby extended to April 30, 2011. Lastly, for the reasons stated on the record, Defendants' Motion to Dismiss (ECF No. 31) is dismissed. (Court Reporter: Denver Roden) (Exhibits admitted - returned to party) Time in Court - 4:00. (chmb) Modified on 4/18/2011 (chmb).” 

In summary, the Injunction requested by Freestone was denied, but the Judge ordered Feuerborn, Jennings, Shultz and Environmental Services and Support Inc. not to sell or transfer stock without permission of the Court (that seems like a partial win for Freestone).  Additionally, the Court dismissed the last Motion to Dismiss filed by Neil Evans, and set an April 30th deadline to get an answer filed.  It’s about time!!!  

It sounds as if things are finally ramping up, and Neil can’t stall the proceedings any longer.  I am sure the Judge is getting tired of all the delay tactics.

-ESS Investor      

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