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Pastimes : Investment Chat Board Lawsuits -- Ignore unavailable to you. Want to Upgrade?

To: Tom C who wrote (1026)	2/9/2001 9:50:32 PM
From: Jeffrey S. Mitchell	Read Replies (1) \| Respond to of 12465

Tom, note that Dobry's entire basis for filing his Motion to Vacate was because of "Newly discovered evidence..." Note that what I posted specifically says "you should not file a Motion to Vacate as it is not a way to ask the court to change its mind or reconsider the evidence..." Clearly Dobry leapt before looking and, considering Zwebner's other legal responsibilities, Zwebner will most likely at least go after Dobry for additional legal expenses. As for the million dollars, recall the signed agreement stated: "MR. ZWEBNER HAS AGREED NOT TO ENFORCE THE JUDGMENT FOR SO LONG AS I DO NOT ATTACK HIM OR HIS BUSINESSES FURTHER." So, did Dobry attack Zwebner or his businesses in his motion? Well, seems to me Dobry has a) accused Zwebner of "posting under numerous screen-names" on SI and RB and "encouraged investors to invest in DCI because of a potential short squeeze", b) accused Zwebner of being advised to "initiate litigation" in order to "get the legends removed from his restricted stock", c) accused Zwebner of filing "malicious lawsuits against other investors", and d) suggested that Zwebner has conspired with Pittera and Marchese, each of whom have sued him. If the judge refuses to grant Dobry's motion, which seems like a given, I'd say the above statements certainly can be legally construed as "attacks". If I had to handicap it, I'd lay good odds that Zwebner does go after Dobry for the $1 million, gets it, and forces Dobry into bankruptcy. If he does eke out any money from Dobry, I hope he donates it to charity. - Jeff