Post by gotcmkxdiamonds on Oct 30, 2011 11:37:57 GMT -5
As I know, many (if not all) of us have friends and family that are
Shareholders who are not board addicts (like us) and may not know the
current status of our favorite obsession... so, here's an email I sent
out to my circle of fellow CMKXr's that I thought may be helpful for
others... I tried to keep it short, simple, positive, and credible...
Please feel free to copy and forward to your fellow friends/family Shareholders... if they still talk to you...
Xxxx --
My
fellow CMKX brothers... just wanted to keep you up-to-date with regard
to the once coined "stock play of a lifetime"... or was that the "stock
play that takes a lifetime"... ;-)))
Can't remember if you guys
knew that the SEC (Appellee) moved in an unprecedented manner to dismiss
(side with agreement of the lower court's decision) Al Hodges' appeal
to the 9th Circuit Court of Appeals (San Francisco) of the Bivens
Suit... (link to the original Bivens:
viewer.zoho.com/docs/paKdda )
Al was supposed to file the
Appellants' brief August 24, but the SEC struck preemptively filing a
request for the dismissal of the entire appeal on August 22...
Here is a link to the SEC's filing:
DEFENDANTS-APPELLEES’ MOTION FOR SUMMARY AFFIRMANCE AND STAY OF BRIEFING: www.scribd.com/doc/62864746/11-55169-Documents
Key verbiage:
Therefore, this Court should summarily affirm the district court’s decision to
dismiss Appellants’ due process claim because they have failed to
establish a legitimate claim of entitlement to, or a property interest
in, the funds at issue.
Appellees seek a stay in the briefing schedule until this motion is decided.
Appellants’ brief is due August 24, 2011 and Appellees’ brief is due September 23, 2011...
Well -- the motion was finally decided... this past Thursday, October 27; however, the Court sided against the SEC and the Bivens is moving forward!Here's the link to the filing and verbiage below:
i41.tinypic.com/2u5cok3.jpg
The motion for summary affirmance of this appeal is denied without
prejudice to renewal following the filing of the opening brief. See
United States v. Harris, 846 F.2d 50 (9th Cir. 1988). The request to
stay the briefing schedule pending disposition of the motion to dismiss
is denied as unnecessary. See 9th Cir. R. 27-11. The opening brief and
excerpts of record are due December 5, 2011; the answering brief is due
January 4, 2012; and the optional reply is due within 14 days after
service of the answering brief.
So...
1) Al needs to file his opening brief by December 5...
2) Our case will continue to go public, unless settlement/payment occurs prior...
3)
According to a Shareholder who spoke to Al yesterday... the SEC does
not want what Al is going to provide in his brief to go public...
4)
Interestingly, the SEC and DOJ still have active websites on other
cases moving forward on CMKX (to include an active link to the Investor Claims Fund distribution SEC Website):
SEC: www.sec.gov/divisions/enforce/claims/cmkmopinion062309.htm (see a link in the second paragraph for the Investor Claims Fund info)
DOJ: www.justice.gov/usao/nv/victim_witness/case_updates.html
5)
The company is still active... pending release of information to the
Shareholders of a merger with NewCorp and development of existing
claims: www.cmkmdiamondsinc.com/
6) Shareholders are listed with a reputable Transfer Agent (why would that be if the company was dead?): www.transferonline.com/
As
usual -- positive rumors of imminent payment continue weekly from a
myriad of my contacts... to say the least, it's been a very long road
with an inordinate amount of twists and turns, ups and downs... but I'm
still a believer.
Keep the faith -- there is a financial war going on -- but I believe Justice will prevail.
Cheers,
Xxxx
Shareholders who are not board addicts (like us) and may not know the
current status of our favorite obsession... so, here's an email I sent
out to my circle of fellow CMKXr's that I thought may be helpful for
others... I tried to keep it short, simple, positive, and credible...
Please feel free to copy and forward to your fellow friends/family Shareholders... if they still talk to you...
Xxxx --
My
fellow CMKX brothers... just wanted to keep you up-to-date with regard
to the once coined "stock play of a lifetime"... or was that the "stock
play that takes a lifetime"... ;-)))
Can't remember if you guys
knew that the SEC (Appellee) moved in an unprecedented manner to dismiss
(side with agreement of the lower court's decision) Al Hodges' appeal
to the 9th Circuit Court of Appeals (San Francisco) of the Bivens
Suit... (link to the original Bivens:
viewer.zoho.com/docs/paKdda )
Al was supposed to file the
Appellants' brief August 24, but the SEC struck preemptively filing a
request for the dismissal of the entire appeal on August 22...
Here is a link to the SEC's filing:
DEFENDANTS-APPELLEES’ MOTION FOR SUMMARY AFFIRMANCE AND STAY OF BRIEFING: www.scribd.com/doc/62864746/11-55169-Documents
Key verbiage:
Therefore, this Court should summarily affirm the district court’s decision to
dismiss Appellants’ due process claim because they have failed to
establish a legitimate claim of entitlement to, or a property interest
in, the funds at issue.
Appellees seek a stay in the briefing schedule until this motion is decided.
Appellants’ brief is due August 24, 2011 and Appellees’ brief is due September 23, 2011...
Well -- the motion was finally decided... this past Thursday, October 27; however, the Court sided against the SEC and the Bivens is moving forward!Here's the link to the filing and verbiage below:
i41.tinypic.com/2u5cok3.jpg
The motion for summary affirmance of this appeal is denied without
prejudice to renewal following the filing of the opening brief. See
United States v. Harris, 846 F.2d 50 (9th Cir. 1988). The request to
stay the briefing schedule pending disposition of the motion to dismiss
is denied as unnecessary. See 9th Cir. R. 27-11. The opening brief and
excerpts of record are due December 5, 2011; the answering brief is due
January 4, 2012; and the optional reply is due within 14 days after
service of the answering brief.
So...
1) Al needs to file his opening brief by December 5...
2) Our case will continue to go public, unless settlement/payment occurs prior...
3)
According to a Shareholder who spoke to Al yesterday... the SEC does
not want what Al is going to provide in his brief to go public...
4)
Interestingly, the SEC and DOJ still have active websites on other
cases moving forward on CMKX (to include an active link to the Investor Claims Fund distribution SEC Website):
SEC: www.sec.gov/divisions/enforce/claims/cmkmopinion062309.htm (see a link in the second paragraph for the Investor Claims Fund info)
DOJ: www.justice.gov/usao/nv/victim_witness/case_updates.html
5)
The company is still active... pending release of information to the
Shareholders of a merger with NewCorp and development of existing
claims: www.cmkmdiamondsinc.com/
6) Shareholders are listed with a reputable Transfer Agent (why would that be if the company was dead?): www.transferonline.com/
As
usual -- positive rumors of imminent payment continue weekly from a
myriad of my contacts... to say the least, it's been a very long road
with an inordinate amount of twists and turns, ups and downs... but I'm
still a believer.
Keep the faith -- there is a financial war going on -- but I believe Justice will prevail.
Cheers,
Xxxx