April 21, 2016
There seems to be some confusion about the change from the 21 to the 60 days for the time the defendants have to file their answer. There is no conspiracy here.
The courts are so clogged down now days they are always looking at ways to speed up the process as much as possible. For instance Florida has 3 districts, and in just the Southern District, 10-20 new civil cases are filed each working day on just patent issues alone.
Under the rules of civil procedure the law reads —
Requesting a Waiver. An individual, corporation, or association that is subject to service under Rule 4(e), (f), or (h) has a duty to avoid unnecessary expenses of serving the summons. The plaintiff may notify such a defendant that an action has been commenced and request that the defendant waive service of a summons.
In a case like this with all of these defendants: Cherokee Investment Partners, LLC; Thomas Darden; IPH International B.V.; Industrial Heat, LLC; John T. Vaughn, it possible could entail much time and expense getting all of the defendants served.
So the courts allows a plaintiff to file a notice of waiver to the defendants, that basically says, hey you are going to get served anyway but it you accept the waiver you will have 60 days instead of the normal 21 days in which to file your answer.
There is one other incentive for the defendants to accept the wavier. If they DO NOT accept the waiver and if they do not have a very good excuse for why they won’t, then the court can make the defendants reimburse the plaintiff for all expenses incurred in perfecting the service.
April 19, 2016
According to the court clerk the last day for filing the answer has changed from 21 days to — for all defendants including Cherokee Investment Partners, LLC, et al, the response is now due by 6/12/2016.
We of course knew this, it was in the waiver, but why the clerk decided to put the change on the docket when the 21 day timeline was never on the docket, except within the documents, will always be a mystery.
Also by June 30, a Joint Scheduling Report is required. This is only a formality, the timeline in a complicated lawsuit never follows the original report.
Industrial Heat LLC et al, since filing the waiver, now have 60 days from April 13, 2016 to file their answer to the lawsuit.
Rossi has filed a lawsuit against Industrial Heat LLC et al, for what he claims they still owe him, $89M++, plus some other monies Rossi claims they owe him.
But there is much more at stake here, it will be interesting to see how Industrial Heat LLC et al responds.
There are hundreds of different ways they might respond but the two most simple overall responses would be —
- Just respond directly to Rossi in an attempt to not pay the $89M.
- Respond with item #1 above but also at the same time file a counter suit, to try and recuperate any money they have already paid. Also this could be a way to clear their name for getting in bed with the lying convicted felon and scumbag Rossi in the first place.
- Of course items 1 and 2 could include, like we said, hundreds of variations.
April 18, 2016