The third parties in the Rossi v. Industrial Heat case have filed a joint Motion to Dismiss counterclaims III, IV and Vthat Industrial Heat have filed against them. These parties are J.M. Products, Inc., Henry Johnson, James A. Bass, United States Quantum Leap, LLC, and Fulvio Fabiani. These third parties have been accused by IH as participating with Andrea Rossi in fraudulent activites, deceptive and unfair trade practices, and, in the case of Fabiani, breach of a consulting agreement.
The document can be read here: https://drive.google.com/drive/folders/0BzKtdce19-wyb1RxOTF6c2NtZkk
There’s not much new in the way of evidence presented, but arguments against IH’s allegations are presented. The main thrust is that Industrial Has failed to provide factual support for their allegations against the various third parties. Here are some examples:
IH fails to allege any facts that support its conclusion that JMP was not a manufacturing company, had no commercial use for the steam power generated by the Plant, and was created solely for as a ruse to induce IH to ship the Plant to Florida. (See ECF No. 50, ¶136.) Furthermore, the Term Sheet expressly contradicts IH’s claim, as it specifically states that JMP “operates a production facility in Miami, FL, which requires low temperature steam . . .
Counter-Plaintiffs allege that JMP’s role in the scheme magnified when JMP began sending “falsified invoices” to IH stating the amount of energy or steam JMP was purportedly receiving and using from the Plant during a given month. (ECF No. 50, ¶77.) CounterPlaintiffs’
allegations are belied by the Term Sheet and the face of the documents themselves. Pursuant to the Term Sheet, JMP was required to pay rent based upon the amount of energy it received from the Plant. Accordingly, JMP provided monthly reports with a breakdown of the energy received during a given month. Despite their burden to plead with specificity, CounterPlaintiffs offer no factual basis to support the allegation that JMP’s reports were falsified. . .
Counter-Plaintiffs allege that Leonardo, Rossi, JMP, Johnson, and Fabiani enlisted Bass to pretend to be the Director of Engineering of JMP and that Bass gave his business card representing himself as such. (ECF No. 50, ¶¶78-79.) Once again, the Counterclaims and Third Party Claims are devoid of any factual support for the allegation that Bass was not an employee of JMP and was not the Director of Engineering.
The IH countercomplaints surround their contention that there was no production taking place in the building adjacent to the 1 MW E-Cat plant, and there was no legitimate customer using excess energy produced by the plant — because there was no excess energy being produced by the plant, as Rossi contends. The two sides couldn’t be much further apart.
Fabio Penon, the ERV, is not included here as one of the third parties. From previous documents in the case it states that he has not yet been served notice that he is a defendant.