Monday, April 4, 2011

Twilight Zone

I think Neil C. Evans, the attorney representing David, Tom, and Larry, is living in the Twilight Zone.  Today, Evans filed a Motion to Dismiss Counts of Plaintiff’s First Amended Complaint Under Rule 12(b)6; Alternatively, for a Motion to Strike all References to Texas Law in all Counts Under FRCP 12 (f) in the Civil Case.  This is the third attempt to get the Civil Case dismissed.  The motion is only 7 pages long, and it looks as if it was thrown together in about five minutes.  It is riddled with grammatical errors and spelling mistakes.    

This is becoming kind of humorous.   The only reason Evans continues to file these baseless motions to dismiss is to buy his clients more time so they don’t have to answer the lawsuit.  If they answer the lawsuit then they will be forced to admit that their “technology” contains chlorinated, carcinogenic chemicals.  When they admit this fact on the record, they won’t be able to raise more money from innocent investors.

If they were innocent then there would be no need to file dismissal motions, and they would simply answer the lawsuit and get their “day in court.” The Honorable Judge O’connor has thrown out the previous motions to dismiss, because he recognized that they had no merit and that they were only stall tactics.  

Last but not least, Freestone filed a Temporary Restraining Order (“TRO”) to request that the Court hold certain stock during the duration of the Civil Case.  The Judge ordered the defendants to respond, and of course David, Tom and Larry filed an opposition motion that didn’t even address the TRO.  Instead they used the opportunity to defame Freestone, and Larry Shultz attached a declaration that amounted to an incoherent tirade.  This new guy Shultz must be legally insane (which is evident from his continued partnership with convicted felons Feuerborn and Jennings).  Based on what I have read and heard about him, I am sure he makes one heck of an investor presentation LOL!  His insanity might be the best tool to stop this fraud once and for all. 


To Freestone: Don’t let these clowns get to you.  Despite all their baseless attempts to get your case dismissed, sleep well knowing that two of the three con-artists will be spending a lot of time in prison. And maybe they can use their "technology" behind bars to do some oil separation - extracting their lube from its bottle.  Bottoms up boys! 

-ESS Investor

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