Rossi v. IH — Site Inspection and Depositions Scheduled

A new paper in the court docket for the Ross v. IH case shows the defendants (IH et al) will get a deposition from an expert witness in the Dominican Republic and also there will be a site inspection with that witness. It’s hard to figure out what kind of site inspection might take place in the Dominican Republic connected with this court case, since Rossi’s work has mainly been in the United States and Italy as far as is publicly known.

Here’s the text from the court order (see document 148 here)

THIS MATTER is before the Court following an informal discovery hearing held before the undersigned on February 21, 2017. Having held a hearing in this matter andfor the reasons stated on the record, it is

ORDERED AND ADJUDGED that the defendant is permitted to question the witness set for deposition in this matter on February 22, 2017, in the Dominican Republic. The plaintiff shall provide the defendant with the name of the attorney for the witness who is scheduled for deposition in the Dominican Republic. It is further

ORDERED AND ADJUDGED that if the defendant’s expert is available after the conclusion of the deposition in this matter taking place today locally, the site inspection shall occur today after the conclusion of that local deposition. If the defendant’s expert is not available to inspect the site today after the conclusion of the local deposition in this matter, unless the parties agree otherwise, the site inspection shall occur on 2, 2017, at 9:00 AM.

It’s a bit confusing to me as to where this site visit is taking place. I would have thought the natural place to have a site visit would be at the Doral facility where Rossi’s test took place. But if the expert is in the Dominican Republic, and is being questioned there, do they mean that the site visit will be there, since the order states that the expert will also participate in the site visit?

Other court papers published discuss further depositions being taken, (including one for Boeing) so the discovery phase is well underway, and Rossi has said that the court case is set for June, and he expects it to be over by September at the latest.

  • bfast

    I hear the Dominican Republic is a lovely tourist destination. Maybe Rossi wants to take a much needed vacation, so he arranged for this unusual meeting place.

    • Vinney

      They are both giving the blogs (IH and Rossi) not much to chew on.
      Whoever loses, definitely deserves to lose.

  • bfast

    I hear the Dominican Republic is a lovely tourist destination. Maybe Rossi wants to take a much needed vacation, so he arranged for this unusual meeting place.

    • Vinney

      They are both giving the blogs (IH and Rossi) not much to chew on.
      Whoever loses, definitely deserves to lose.

  • Ged

    Considering the deposition is in DR, and the site inspection will be the same day if the witness is available… (“if the defendant’s expert is available after the conclusion of the deposition
    in this matter taking place today locally, the site inspection shall
    occur today after the conclusion of that local deposition.”) it does sound like the site must be located in the DR as well? Unless they can fly the person out to Doral in the same day; it is only ~1500 km. Wonder who it could be who is in the DR and a witness? Penon getting some sun?

  • Ged

    Considering the deposition is in DR, and the site inspection will be the same day if the witness is available… (“if the defendant’s expert is available after the conclusion of the deposition
    in this matter taking place today locally, the site inspection shall
    occur today after the conclusion of that local deposition.”) it does sound like the site must be located in the DR as well? Unless they can fly the person out to Doral in the same day; it is only ~1500 km. Wonder who it could be who is in the DR and a witness? Penon or West getting some sun?

    • Gittyup

      I’m not sure why the witness is in DR but I think you are reading it wrong.

      The judge is giving them “permission” to depo witness in the DR. It doesn’t say that it will def happen in the DR. I guess the expert witness must have said there is a chance they cannot leave the DR during this time period.

      So I read it as are saying is that the deposition could take place in either DR or Miami (locally). If the witness happens to be in Miami then the site inspection will be the same day as depo. If the witness is not locally then the site inspection will take place on that specific date.

    • Bruce__H

      Take a closer look at dates and places. The order is dated Feb 21 in Maimi. It talks about the “deposition in this matter taking place today locally” i.e., on the 21st. The deposition in the Dominican Republic was set for Feb 22.

      These are separate depositions … one near Miami on Feb 21 and the other in the Dominican Republic on Feb 22.

      • Ged

        I think you got it, thank you. Two separate witnesses it must be, as US_Citizen71 pointed out above.

  • CWatters

    Found this passage in doc 145….

    “WITH RESPECT to Plaintiffs’ production of documents:
    . Plaintiffs and Defendants shall meet and confer to determine whether documents requested by Defendants (specifically, testing data) has not been produced by Plaintiffs.
    Plaintiffs’ counsel must remind Plaintiff Dr. Rossi that to the extent that Plaintiffs intentionally fail to provide testing data, Dr. Rossi will be sanctioned by the Court. gTr. 49:24-50:161.”

  • CWatters

    Found this passage in doc 145….

    “WITH RESPECT to Plaintiffs’ production of documents:
    . Plaintiffs and Defendants shall meet and confer to determine whether documents requested by Defendants (specifically, testing data) has not been produced by Plaintiffs.
    Plaintiffs’ counsel must remind Plaintiff Dr. Rossi that to the extent that Plaintiffs intentionally fail to provide testing data, Dr. Rossi will be sanctioned by the Court. gTr. 49:24-50:161.”

  • US_Citizen71

    The expert witness in DR is Rossi’s. The expert witness that is going to tour the plant is IH’s. Two separate people. For those that are confused reread the quote from the legal document above again very carefully.

    • wpj

      DW and ABD say that it’s Penon that is there.

      Strange how it has gone from “Rossi says” to “Weaver says”. He also say that there was no site inspection.

      • Mike Rion

        Yeah, it seems most of the posters on LENR Forum are converts to the new religion called Dewey Weaver, who is nothing more or less than a paid shill of IH.

    • Ged

      Makes sense, thank you!

  • US_Citizen71

    The expert witness in DR is Rossi’s. The expert witness that is going to tour the plant is IH’s. Two separate people. For those that are confused reread the quote from the legal document above again very carefully.

    • wpj

      DW and ABD say that it’s Penon that is there.

      Strange how it has gone from “Rossi says” to “Weaver says”. He also say that there was no site inspection.

      • Mike Rion

        Yeah, it seems most of the posters on LENR Forum are converts to the new religion called Dewey Weaver, who is nothing more or less than a paid shill of IH.

    • Ged

      Makes sense, thank you!

  • wpj

    146 is also interesting as it asks for Deep River ventures communications (DW) with IH.

    • Mike Rion

      Weaver seems to have gotten very testy over on LENR Forum. Maybe he’s feeling the heat that IH claims they never got.

      • wpj

        Seems to be something to do with an email that was posted on Peter G’s website by some commentator which then got onto LENR Forum but was subsequently deleted by PG.

        • Mike Rion

          Yeah, Peter posted a long message that was from his Ego out blog. It sounded very threatening in a poorly conceiled sort of way. It also sounded very much like the way Weaver writes. I wasn’t sure though until Weaver came back with another angry post accusing Peter of placing a private email on the forum. Peter claimed it wasn’t a private email, but something posted on his public blog, but withdrew it just the same. He never came right out and said it came from Weaver, but said it might sound familiar enough that we could guess. I suppose Weaver’s angry response confirms it.

    • Ged

      I am not so sure. Look at the passage I quoted. Both disposition and inspection are for “today”, but inspection will happen “today” only if the DR expert is available after desposition concludes “today”. Seems all the same day to me.

    • Ged

      Guess Weaver is even more involved than just being an investor.

      • Mike Rion

        Apparently he is director of Deep River Ventures and as such has been under contract with IH for quite a long time.

        • Omega Z

          Deep River Ventures LLC appears to have been created (Late 2012) for the purpose of investing in Industrial Heat. Listed as operated by 2 individuals of which 1 removed himself in mid 2016 (name Paul) leaving only Dewey.

          • Mike Rion

            Thanks Omega Z, even more interesting.

  • wpj

    146 is also interesting as it asks for Deep River ventures communications (DW) with IH.

    • Mike Rion

      Weaver seems to have gotten very testy over on LENR Forum. Maybe he’s feeling the heat that IH claims they never got.

      • wpj

        Seems to be something to do with an email that was posted on Peter G’s website by some commentator which then got onto LENR Forum but was subsequently deleted by PG.

        • Mike Rion

          Yeah, Peter posted a long message that was from his Ego out blog. It sounded very threatening in a poorly conceiled sort of way. It also sounded very much like the way Weaver writes. I wasn’t sure though until Weaver came back with another angry post accusing Peter of placing a private email on the open forum. Peter claimed it wasn’t a private email, but something posted on his public blog, but withdrew it just the same. He never came right out and said it came from Weaver, but said it might sound familiar enough that we could guess. I suppose Weaver’s angry response confirms it.

    • Ged

      Guess Weaver is even more involved than just being an investor. 😉

      • Mike Rion

        Apparently he is director of Deep River Ventures and as such has been under contract with IH for quite a long time.

        • Omega Z

          Deep River Ventures LLC appears to have been created (Late 2012) for the purpose of investing in Industrial Heat. Listed as operated by 2 individuals of which 1 removed himself in mid 2016 (name Paul) leaving only Dewey.

          • Mike Rion

            Thanks Omega Z, even more interesting.

  • Bob

    The inspection was to be at the Doral facility using an expert hired by IH. (The identity has not been revealed as far as I know.) This did not take place yesterday and is now scheduled for March 2.

    The witness who has been deposed in the Dominican Republic is Penon and the court ordered deposition was filed by IH, not Rossi.

    (The above two items per post from Dewey Weaver)

    Shane D. provided a clear synopsis of the new documents at :

    https://www.lenr-forum.com/forum/thread/4745-rossi-vs-darden-developments-part-2/

    (Each point in the documents are in quotes.)

    Rossi threatened with sanction:

    “Plaintiffs and Defendants shall meet and confer to determine whether documents
    requested by Defendants (specifically, testing data) has not been produced by Plaintiffs.
    Plaintiffs’ counsel must remind Plaintiff Dr. Rossi that to the extent that Plaintiffs intentionally fail to provide testing data, Dr. Rossi will be sanctioned by the Court.”

    Rossi and his internet aliases:

    “Such responses shall include all screen names or aliases Plaintiff Rossi uses to post information on the lnternet. To the extent Plaintiffs shall serve their supplemental interrogatory answers to Defendant, John Plaintiff Rossi does not use screen names or aliases to post information on the lnternet, he must issue a response verifying the same”

    Our Dewey again:

    “WITH RESPECT to determining whether communications involving Dewey Weaver,
    If needed, Defendants shall reply on or by February 24, 2017 Paul M orris, and Deep River Ventures are protected by the attorney-client privilege:
    * Defendants must provide the Court with all communications for which
    Defendants declare the privilege applies for in cam era review. The Court warns that Defendants and their counsel may be sandioned if the Court determines that ninety-five (95) percent of the documents reflect business discussions and not legal discussions.
    WITH RESPECT to Defendants production of documents:
    Defendants must produce the final agreement between Defendants and Dewey
    Weaver, Paul Morris, and Deep River Ventures.”

    Deposition Schedule:

    -Fabiani to be deposed 28 Feb via video
    -IH to depose Boeing Company 28 Feb
    -JMP to be deposed 1 March
    -Domenican Republic witness set for deposition today (22 Feb)

    Doral visit by IH’s expert:

    “ORDERED AND ADJUDGED that if the defendant’s expert is available after the
    conclusion of the deposition in this matter taking place today locally, the site inspection
    shall occur today after the conclusion of that local deposition. If the defendant’s expert
    is not available to inspect the site today after the conclusion of the local deposition in
    this matter, unless the parties agree otherwise, the site inspection shall occur on March 2 at 0900 EST. Note: Dewey says site visit did not take place, so that means it will be on 2 March.”

    Fabiani’s answers and affirmative defenses (doc 148):

    Nothing really new here, other than he is now claiming to be a foreign national not living in Florida, therefore IH has no “personal jurisdiction” over him. Also claims that “Plaintiff has failed to adequately allege jurisdictional facts that bring Fabiani under the jurisdiction of the court”. Other than that, the rest looks about the same to me…he downplays his role as minor, hired by IH only to help Rossi develop the Ecat. Says IH owes him 1 months salary. Stands by Rossi as to IH never intending to pay.

    Doc 150 in whole:

    “PLEASE TAKE NOTICE that there will be a hearing before the Honorable Magistrate
    Judge John O’Sullivan at C. Clyde Atkins U.S. Courthouse, 301 North Miami Avenue, 5th Floor,
    Miami, FL 33128, on Thursday, February 23, 2017 at 3:00 p.m., on (1) Plaintiffs’ and ThirdParty
    Defendants’ J.M. Products Inc.’s objections to Defendants’ subpoenas to Bank of America,
    N.A., BankUnited, Inc., and TD Bank, N.A.; (2) Plaintiffs’ violation of the Protective Order
    entered by this Court on October 14, 2016; and (3) Plaintiff Andrea Rossi’s failure to respond to Industrial Heat and IPH International B.V’s Third Request for Production.”

  • hhiram

    Dominican Republic is a shady place in general, unless Penon is going humanitarian work there. Does not inspire confidence, sadly.

    • Vinney

      IH should have gathered solid evidence that the Penon report is wrong.
      Instead, it looks like they are going to ‘attack’ the messanger.
      Penon only did his job, ‘take and report the readings as pre-agreed’, he is not going to put his head on the chopping block for the scientifically ‘inept’ IH and FUD crew.
      I would have taken similar pre-cautions for such a controversial assignment.
      Penon knows the weight of what he wrote, but it was all pre-agreed by all parties. He just reads the meters and reports. I think he knew he was going to get a big surprise, and a ‘ star’ student in Nuclear Physics got a dream assignment. It’s IH that are proving how ‘in-competent’ they are at handling LENR research and development.

    • Omega Z

      Perhaps “Penon” is involved in the 770-megawatt (MW) coal-fired power plant being built in the town of Punta Catalina.