i am certainly glad you are overseas it is not pretty picture you paint.
I don't paint at all. I'm an art historian, not an artist.
what you fail to state is court DENIED MOTION TO DISMISS, court DENY MOTION TO MOVE TO CALIF. & COURT DEMAND RETURN OF 4.48 MILLION SHARES.
Let's take these one at a time, Spidey. Really, you know, this might be easier if you'd actually read the transcript. Frantic phone calls to Mikey really don't cut it.
On the day of the hearing Judge George declined to consider any of Judd's various motions to dismiss. He did not, however, deny them. It was late Friday afternoon, everybody wanted to leave.
George indicated that he saw no reason for a change of venue. Again, he didn't make a definitive ruling; as things stand now the case will continue in Nevada, should it continue at all.
The court did NOT "demand" the return of the 4.84 million shares. On the contrary, George was interested only in maintaining the status quo ante until the case could eventually be resolved. In trial.
1 MR. MACLEAN: Your Honor, I'm going to be frank here.
2 The position of Canaccord is very simple. We see ourselves as
3 a quasi stakeholder. We're not a real stakeholder because we
4 don't have the certificate. We want to have the issue resolved
5 between Amazon and First Concorde in a form where they both are
6 torn to the jurisdiction, and we can stand back given --
7 THE COURT: And then you can do what you believe to be
8 necessary.
9 MR. MACLEAN: Precisely. However, your Honor, we're
10 concerned that if an order enact ensues, it results in a short
11 position through the depository system. There may be some
12 great unforeseen harm that this Court doesn't intend. And
13 that's a short situation different from one Mr. Sylver has
14 discussed, and that's what paragraph 2 deals with.
15 THE COURT: Okay. Let me take about a ten-minute
16 recess, and maybe you can talk together and get a resolution of
17 what you need to -- what you really want to do is maintain the
18 status quo until there can be a more complete hearing, is it?
19 THE WITNESS: No.
20 MR. QUALEY: We would like to maintain the status quo,
21 but we -- and the whole point of seeking the injunction is the
22 shares have to be removed from the DTC (indiscernible).
23 THE COURT: No. That's more than maintaining the
24 status quo.
25 THE WITNESS: Okay. Wait, Robert.
ASSOCIATED REPORTERS OF NEVADA (702) 382-8778
55
SYLVER - DIRECT
1 THE COURT: I'll take a ten-minute recess.
2 (Colloquy not on the record.)
3 THE COURT: Because this does seem commonsensical to
4 me.
5 MR. QUALEY: Your Honor, Mr. Sylver has just indicated
6 that all he needs -- whoever has (indiscernible) is just to
7 return the certificate, and that's all what he's
8 (indiscernible).
9 THE COURT: Well, I understand that.
10 MR. QUALEY: Not to us, but to the court.
11 THE COURT: To deposit it with the court.
12 THE WITNESS: That's it.
13 THE COURT: And it seems to me that Mr. Lefebvre is
14 suggesting that that may happen. That they want to reserve the
15 right to give it to a court of competent jurisdiction to hold
16 it, so that it could be interplead if necessary. Is that a --
17 MR. MACLEAN: If we ever get the certificate.
18 THE COURT: Pardon?
19 MR. MACLEAN: If we ever get the certificate.
20 THE COURT: Yeah. But you're saying that you don't
21 have the certificate at this point.
22 MR. MACLEAN: Yes, your Honor.
23 THE COURT: So that's something that you can't do at
24 this point.
25 MR. MACLEAN: Precisely.
ASSOCIATED REPORTERS OF NEVADA (702) 382-8778
56
SYLVER - DIRECT
1 THE COURT: And that's part of your concern.
2 MR. MACLEAN: Exactly, your Honor.
3 THE COURT: You're troubled with the Court ordering
4 you to do something that, effectively, you can't do at this
5 time.
6 MR. MACLEAN: Precisely.
7 THE COURT: Okay.
You're not actually reading any of this stuff we're posting, are you, Spidey? Or is it that you're just too damned dim to understand it?
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