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SpongeTech Delivery Systems, Inc. Message Board

  • hotmommaxx hotmommaxx Jun 17, 2010 9:17 AM Flag

    Throw The Case Out?????

    Improperly joining all these people and entities together
    Statute of limitations has ran out
    Failing to make a clear case for prosecution and taking too long to do it.
    Posted by Musicman - Sponge Board

    SortNewest  |  Oldest  |  Most Replied Expand all replies
    • EVEN IF that happened, they have to 'come clean' & get a true audit/10k out there asap.

      why didn't they?

      that's damning for me & i got caught in it.

    • You are a complete buffoon!

      SOL, of which there are many (and most run longer than this Co has even existed), haven't even been a point to present to the defense attornies....on this ongoing crime(s).

      So misdeads can only be prosecuted if they are done by seperate individuals? They ARE named seperately. ASSHOLE

      Put them together TOO- called consipracy = crime. JERK.

      This case has been exceptionally well documented in a 20+ count indictment, with more to come - taking the 5th and asking for delays and to negotiate settlement is NOT clear responses - and certainly not things that should work to the defendants favor. THESE CASES TYICALLY TAKE - 5-7 YEARS dummy.

      • 1 Reply to teflon2insults
      • Is there sufficient evidence to substantiate the
        complaint as it stands?
        By taking the fifth, they eliminate the possibility of providing evidence that hasn't been discovered.
        This puts the burden of proof on the SEC.
        The court will deteermine if the current complaint stands on its own merit and moves forward or if the courts inform the SEC that additional evidence is needed to move forward.
        If not any is available, the complaint will be dismissed.

    • "Smoke another one"

      Posted by band1969 - Yahoo SPNG board

    • Statute of limitations has run? Are you kidding me? You're joking right?

      That person must have a firm knowledge of law and the legal system.

      • 2 Replies to brian_scm
      • YUP THROW THE CASE OUT!!
        "
        AS AND FOR A FIRST AFFIRMATIVE DEFENSE
        The Complaint fails to state a cause of action upon which relief may be granted.
        AS AND FOR A SECOND AFFIRMATIVE DEFENSE
        The claims alleged in the Complaint are barred, in whole or in part, by the
        applicable statute of limitations.
        AS AND FOR A THIRD AFFIRMATIVE DEFENSE
        The relief sought in the Complaint is barred, in whole or in part, by the doctrines
        of waiver, release, consent and estoppel.
        AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
        The relief sought in the Complaint is barred, in whole or in part, by the equitable
        doctrine of laches.
        Case 1:10-cv-02031-DLI -JMA Document 38 Filed 06/16/10 Page 24 of 25
        background image
        25
        AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
        The relief sought in the Complaint is barred, in whole or in part, by plaintiff’s
        misjoinder of parties to this action.
        AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
        Mr. Moskowitz reserves the right to raise additional affirmative defenses and to
        supplement those asserted herein upon discovery of further information regarding the
        claims asserted in the Complaint. These additional defenses cannot be asserted at this
        time because of the lack of detail in the Complaint concerning Plaintiff’s claims, in
        particular, Plaintiff’s failure to plead fraud against Mr. Moskowitz with the particularity"

      • and u know better than Moskos lawyer...do u??

 
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