Nothing in the Response contradicts the core misrepresentations that:
1. “USSE is the 'Green Solution' with its fully operational plant in production today;…;” [October 26, 2006 Press Release, Facts, ¶¶?s 40-6]
2. that “USSE [was] Ready for Green Fuel Production;” [January 17, 2007 Press Release, Facts, ¶¶?s 52-9]
3. that “[t]he new [USSE ] reactor [was] capable of producing 6,000 gallons of biofuel daily, converting five gallons of quality fuel from every bushel of soybean stock - a conversion ratio three times more effective than the creation of any traditional biodiesel…;” [January 17, 2007 Press Release, Facts, ¶¶?s 60-3, 103]
4. that a prominent industry member had “joined” USSE's board of directors and that USSE had engaged a prominent investment banker; [November 15 & 16, 2006 Press Releases, Facts, ¶¶?s 64-72]
5. that “U.S. Sustainable Energy Corp. Acquires 35 Acre Industrial Facility as the Cornerstone of 'Biofuels Revolution.' ” [December 12, 2006 Press Release, Facts, ¶¶?s 75-7]; and
6. That in April 2007 USSE had made its “Initial Sale of Proprietary Carbon Based Fertilizer.” [April 3, 2007 Press Release, Facts, ¶¶?s 111-5] [2]
[2] Plaintiff has identified other material misrepresentations in Rivera's public statements that are documented in its Statement of Undisputed Facts. For example, the so-called “OD-66” product highlighted in Rivera?s July 17, 2007 Press Release did not contain any USSE produced fuel and could not be shipped in 72 hours as the press Case 5:08-cv-00245-DCB-JMR Document 79 Filed 11/24/10 Page 2 of 23 release falsely claimed. [Facts, ¶¶„s 116-26] Moreover, Rivera misrepresented that USSE had patented technology to a small group of investors and falsely claimed in numerous press releases that USSE, and not Rivera, owned patent pending technology despite knowing that he would not disclose the information required to perfect his patent. [Facts, ¶¶„s 78-87]
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