Topic: Lab Rat Data Processing, LLC (LabRatMining) Official Announcement - page 13. (Read 452170 times)

IANAL, but...  Don't the service receipts seem to indicate that the summons were accepted on Zach's behalf?

Thanks for making the effort to do this, BTW.  I'm sure Zach's lawyers have threatened to murder him with a spoon if comments publicly about the case, so this may be the only way we get any information until it's all over....


grnbrg.

So . . .how I interpret this, somebody correct me if I'm wrong, is they've attempted to serve summons 3 times.  They haven't actually been able to serve Zach.  They've gotten Zach's mom or somebody named Donna.  I'm curious as to why Zach or his attorney(s)  haven't seemed to make themselves available for service.  My understanding is they have to serve Zach, otherwise the judge will eventually allow it to occur via a public notice (at least that's how it works in divorce *cough, from my personal experience*, which is also civil).  Though I personally think this tends to annoy the heck out of the judge.  It would be nice, imo, to see a formal response from LRM.  Anyhoo, I am learning a lot and fascinated by how readily the courts make this information available.  The more ya know. . .etc. . .  


Edit: Ty for the donation keeps me motivated

DISCLAIMER: This information is supplied for the sake of discussion, not for legal reference.  While the documents are from PACER (federal case database) and I do my best to be accurate, I am not a lawyer.  As always, any information needed for legal reasons should be sought through a lawyer of your own.

LRM Case 8:2014-cv-02091 Report
Civil Cover Sheet: https://byteshot.com/giVM4Z
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Docket Report URL: https://byteshot.com/eedECj

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Date Filed   #   Docket Text
08/26/2014   1    COMPLAINT against Zachary Dailey and Lab Rat Data Processing, LLC with Jury Demand (Filing fee $ 400 receipt number TPA-25346) filed by Merlin Fisher-Levine, Nathanael Flachsbart, Jakub Vondrak, Mark Boehler, Brandon Gordon, Curtis Greene, Russ Henderson, Derek Piper, Byron McDonald, Christopher Galido, Jesse Lobb and James Kolonusz. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Civil Cover Sheet)(LYB) (Entered: 08/27/2014)

Documents:
Complaint: https://byteshot.com/AgLMlQ/
Exhibit 1: https://byteshot.com/zjkJpS/
Exhibit 2: https://byteshot.com/vnZR23/

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08/26/2014   2    SUMMONS issued as to Zachary Dailey and Lab Rat Data Processing, LLC. Additional summons issued as to Lab Rat Data Processing, LLC at alternate address. (LYB) (Entered: 08/27/2014)

Documents:
https://byteshot.com/mqNnMO

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NEW EVENTS
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09/05/2014   3    NOTICE of designation under Local Rule 3.05 - Track 2 (AO) (Entered: 09/05/2014)

Documents:
https://byteshot.com/BegN6x

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09/08/2014   4    RETURN of service executed on 9/5/2014 by Merlin Fisher-Levine, Nathanael Flachsbart, Jakub Vondrak, Mark Boehler, Brandon Gordon, Curtis Green, Russ Henderson, Derek Piper, Byron McDonald, Christopher Galido, Jesse Lobb, James Kolonusz as to Zachary Dailey. (Hopkins, Christopher) (Entered: 09/08/2014)

Documents:
https://byteshot.com/35ulzi

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09/08/2014   5    RETURN of service executed on 8/27/2014 by Merlin Fisher-Levine, Nathanael Flachsbart, Jakub Vondrak, Mark Boehler, Brandon Gordon, Curtis Green, Russ Henderson, Derek Piper, Byron McDonald, Christopher Galido, Jesse Lobb, James Kolonusz as to Lab Rat Data Processing, LLC. (Hopkins, Christopher) (Entered: 09/08/2014)

Documents:
https://byteshot.com/dks9Wv

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09/08/2014   6    RETURN of service executed on 9/5/2014 by Merlin Fisher-Levine, Nathanael Flachsbart, Jakub Vondrak, Mark Boehler, Brandon Gordon, Curtis Green, Russ Henderson, Derek Piper, Byron McDonald, Christopher Galido, Jesse Lobb, James Kolonusz as to Zachary Dailey. (Hopkins, Christopher) (Entered: 09/08/2014)

Documents:
https://byteshot.com/rDnorn

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09/09/2014   7    NOTICE of Service on Defendants by Mark Boehler, Merlin Fisher-Levine, Nathanael Flachsbart, Christopher Galido, Brandon Gordon, Curtis Green, Russ Henderson, James Kolonusz, Jesse Lobb, Byron McDonald, Derek Piper, Jakub Vondrak re 3 Notice of designation of track (Hopkins, Christopher) (Entered: 09/09/2014)

Documents:
https://byteshot.com/JFjpDT

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REPORT CHANGES
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09.12.14 - Formalized a format that is usable on the forums
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Donate: 1QGfG2oEQ9vvJLEZ4W3BCtdL7DbYJRXHzz

I will use this format in the future, let me know if it's too clumsy.  I'll only post new section going forward, unless somebody requests a full report in the main thread or via PM.

DISCLAIMER: This information is supplied for the sake of discussion, not for legal reference.  While the documents are from PACER (federal case database) and I do my best to be accurate, I am not a lawyer.  As always, any information needed for legal reasons should be sought through a lawyer of your own.

As we have not heard much from LRM, here's an update on what I'm seeing in PACER on the Docket report (starting to find my way around the site):

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Date Filed   #   Docket Text
08/26/2014   1    COMPLAINT against Zachary Dailey and Lab Rat Data Processing, LLC with Jury Demand (Filing fee $ 400 receipt number TPA-25346) filed by Merlin Fisher-Levine, Nathanael Flachsbart, Jakub Vondrak, Mark Boehler, Brandon Gordon, Curtis Greene, Russ Henderson, Derek Piper, Byron McDonald, Christopher Galido, Jesse Lobb and James Kolonusz. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Civil Cover Sheet)(LYB) (Entered: 08/27/2014)

08/26/2014   2    SUMMONS issued as to Zachary Dailey and Lab Rat Data Processing, LLC. Additional summons issued as to Lab Rat Data Processing, LLC at alternate address. (LYB) (Entered: 08/27/2014)

09/05/2014   3    NOTICE of designation under Local Rule 3.05 - Track 2 (AO) (Entered: 09/05/2014)

09/08/2014   4    RETURN of service executed on 9/5/2014 by Merlin Fisher-Levine, Nathanael Flachsbart, Jakub Vondrak, Mark Boehler, Brandon Gordon, Curtis Green, Russ Henderson, Derek Piper, Byron McDonald, Christopher Galido, Jesse Lobb, James Kolonusz as to Zachary Dailey. (Hopkins, Christopher) (Entered: 09/08/2014)

09/08/2014   5    RETURN of service executed on 8/27/2014 by Merlin Fisher-Levine, Nathanael Flachsbart, Jakub Vondrak, Mark Boehler, Brandon Gordon, Curtis Green, Russ Henderson, Derek Piper, Byron McDonald, Christopher Galido, Jesse Lobb, James Kolonusz as to Lab Rat Data Processing, LLC. (Hopkins, Christopher) (Entered: 09/08/2014)

09/08/2014   6    RETURN of service executed on 9/5/2014 by Merlin Fisher-Levine, Nathanael Flachsbart, Jakub Vondrak, Mark Boehler, Brandon Gordon, Curtis Green, Russ Henderson, Derek Piper, Byron McDonald, Christopher Galido, Jesse Lobb, James Kolonusz as to Zachary Dailey. (Hopkins, Christopher) (Entered: 09/08/2014)

09/09/2014   7    NOTICE of Service on Defendants by Mark Boehler, Merlin Fisher-Levine, Nathanael Flachsbart, Christopher Galido, Brandon Gordon, Curtis Green, Russ Henderson, James Kolonusz, Jesse Lobb, Byron McDonald, Derek Piper, Jakub Vondrak re 3 Notice of designation of track (Hopkins, Christopher) (Entered: 09/09/2014)

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For those of you who aren't familiar with the process of federal civil cases (I certainly wasn't), I found the following link very informative:
http://www.businesslawbasics.com/chapter-9-steps-civil-case

I have some new documents (including a pdf of the docket report) to post that correspond to the events in the docket report. I will post again with links after I post them to the file sharing site.

Some people suggested a donation address for my efforts to keep everyone informed.  I always feel odd about donation request for something I do for the community, but it does take a lot of my time and a small amount of my money to provide, so I decided that was a fair thing and have established 1QGfG2oEQ9vvJLEZ4W3BCtdL7DbYJRXHzz for these purposes.  Thanks for the suggestion, I'd have never thought of it. If you are cash/BTC poor, no worries, I just want peeps to have the information.

Stay tuned, more to come. Along with some fun filled discussion I'm sure.

Lol way to kill a thread there Sparky . . haha

Why did it even come to a court case?

Kind of, but I'm not sure what to make of it.  Hopefully it comes in this week or next and not the very last day it's allowed to under their terms.  I'm going to lean on them with high hopes that things will go as smooth as they can.

Did you get an update on the refund, be good to get this moving... (aside from background noise!!)

I'm a securities lawyer, albeit debt side and not US qualified.  None of my posts should be construed by you or anyone else as legal advice.

I would like to know your legal expertise that claims this.  Just for curiosity's sake.

Not quite true.  I can't quite comment on a few things this pertains to, but (at least) one of the new ones are members of the NJ  AND  FL alike.  Also the 2 new ones are from a different firm.

Good point.

Not being a legal expert, and knowing nothing whatsoever about the suit in question....

I'd guess at least one is a Florida-based attorney.  LR's guy will be a member of the NJ bar, ineligible (or at least inadvisable) to represent LRM in a Florida court.

My 0.02 mBTC...



grnbrg.

I don't suppose you do.

Are all three lawyers at the same law firm?

I don't know whether your lawyer(s) told you this, but the case against you is a good one (and the filing ever so predictable).  It almost makes me wonder whether instructing another law firm entirely to sue the first lawyer for the initial advice you received might be the better bet.  I'm only half joking.

The reason you are in this mess (according to my own opinion) is due to your excellent communication during the sale of your contracts and giving off the feeling that you were going to be open and honest with all future dealings.  Then after you had all of our money/bitcoins we were left significantly in the dark for extended periods of time and when you did communicate there was very little transparency to help gain back any trust.  
With significantly less returns than anticipated.  At this point it is extremely hard to see how contract holders can get anywhere close to breaking even let alone make any sort of profit.  The only way I could see your redeeming yourself is to start providing details on everything (honest generation, outgoing expenses (laywer fee's?), incoming hardware, how much you are paying yourself, etc), you chose to make your "company" public by getting the public to fund it remember...

Regardless, my offer still stands as per when you forced the new contracts onto everyone.  I'm happy to walk away with you paying me back the balance of the bitcoins that I paid for the initial contracts.  You can think of it as an interest free loan that lasted for more than a year!

Also many thanks for this.  I would also like to toss you a few mBTC for your trouble and time.  Please create a wallet we can donate to.

Labrat, could you please post your legal response here after you send it to the court and the plaintiff's counsel?

I don't appreciate the tone applied to this message, but I'll answer it anyway.  He is one of 3 Lawyers working on this issue as of right now.  The other 2 were secured after this suit was brought upon the company.

The icing on the cake would be if Lab_Rat hired the same lawyer that dreamed up the whole bona-fide-shares-of-the-company-swapped-for-fixed-contracts-and-occasional-bonuses coercion switcheroo.

Lab_Rat, for our amusement, is it the same lawyer?  Doubtless paid by us in the first instance (i.e. to re-work our contracts and strip our rights away) and now being paid by us to fight a suit based on the first piece of work.  I believe they call that double-dipping.

So the bonus distributions are now going to LRM's lawyer to defend against this suit?

How hilarious.

It's not that I didn't read it, it's that I didn't even get served that document before you guys got ahold of it.  I just got it Saturday myself.....