Drama in the Rossi V. Darden Case

A recent transcript of a discovery hearing in the Rossi et al. V. Darden et al. case from March 9, 2017 proved to be very informative. The magistrate is clearly rankled with the attorney’s bickering and in a revealing comment, Mr. Pace, for the defendants answered “probably not” when the magistrate asked if they were never going to settle the case. Mr. Pace also predicted a 2-3 week trial this summer. IH and Darden seem very committed to proving Rossi defrauded them and/or breached the agreement they had.

THE COURT: All right. Good.
You guys are never going to settle this case, huh?
MR. PACE: Probably not.
THE COURT: How long is this case going to take to try?
MR. PACE: A couple of weeks.
THE COURT: Really?
MR. PACE: Yes. Two, three weeks.

Rossi and Leonardo lost a tactical battle to disclose to the defendant’s attorneys two deposit transactions into Leonardo Corporation that the plaintiff’s are maintaining are irrelevant to the case. The magistrate upheld an agreement among the parties that will allow these transactions to be revealed for attorney’s eyes only. We may never know who this mystery financier is, but Rossi’s attorney tried very hard to conceal it.

THE COURT: And why is this so sensitive that he
cannot — I mean, why are we spending twenty minutes on this
thing? Why don’t you just show it to them and they will say,
okay, it’s not relevant.
MR. ANNESSER: Your Honor, our company works with
certain parties that has nothing to do with this license
agreement and nothing to do with anything at issue in this
case.

Rossi also lost in a bid to keep his tax records concealed. There is a lot of Internet discussion about Rossi’s purported tax issues in Italy and his agreement with IH made this a condition of their agreement – that Rossi must pay his taxes – so this may come to bearing on this case as well.

THE COURT: All right. I am going to require that tax
returns be provided for attorney’s eyes. It’s alleged in the
complaint. Not even a defense really saying there was a prior
breach. So because of the prior breach serves as a defense to
Plaintiff’s breach because the contract was already breached.

Read the full transcript here.

Industrial Heat Brings Counterclaims

Industrial Heat and IPH (collectively “Counter-Plaintiffs”) bring this action against Leonardo; Rossi; J.M. Products, Inc. (“JMP”); Henry Johnson (“Johnson”); Penon; United States Quantum Leap, LLC (“USQL”); and Fabiani.

Industrial Heat LLC has brought counterclaims against almost everyone involved in the Rossi project and makes allegations of fraud in the performance, review and testing of the E-cat.

Eventually Counter-Plaintiffs discovered that the test that Leonardo and Rossi were conducting, in conjunction with the supposed “customer” in Miami, was not a real test at all, but a carefully scripted effort to deceive Counter-Plaintiffs into 1) providing Leonardo and Rossi with credibility in their efforts to license and promote the E-Cat IP to others and/or obtain investments from others in their business ventures, 2) making the third payment under the License Agreement to Leonardo, 3) paying a multitude of expenses of Leonardo and Rossi including in connection with their operations in Florida, and 4) paying Penon and Fabiani for services not rendered and reimbursing them for unnecessary expenses.

Answer and exhibits available here.

E-Cat Contracts with US Partner

Rumblings from the Rossi camp and now a press release from Prometeon SRL, the Italian Licensee of Leonardo Corporation’s E-Cat products, confirm the signing of a contract with a U.S. entity (translated):

A very important agreement concerning the Leonardo Corporation, producer of ‘E-Cat, was signed in October in the wake of the tests on’ Hot Cat made ​​since June in Italy and the United States. A 1 MW thermal which uses the ‘Hot Cat should be in place during 2013 in a plant for the production and distribution of energy or located in the U.S. or in a country in which the counterparty is a signatory to the activities, and will be one of the first non-military applications of this revolutionary technology.