Lab_Rat (OP)
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September 09, 2014, 01:26:14 AM |
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...but the case against you is a good one... I would like to know your legal expertise that claims this. Just for curiosity's sake.
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runam0k
Legendary
Offline
Activity: 1092
Merit: 1001
Touchdown
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September 09, 2014, 04:27:22 PM |
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I would like to know your legal expertise that claims this. Just for curiosity's sake.
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.
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goddardnet
Newbie
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Activity: 49
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September 09, 2014, 08:40:52 PM |
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AntMiner and Spondoolies have similarly priced hardware at similar power cons so I've looked into both as they both have Oct delivery dates as of this time.
To any conspiracy theorists out there claiming I have blown the BFL refund or it doesn't exist, please remove yourself from these forums and go bother someone else. It was guaranteed by the end of the month but I'll be bugging them for it tomorrow as the sooner the better. I also feel that they are going to try to royally screw us on the BTC rate so I may have to go after them on this.
Did you get an update on the refund, be good to get this moving... (aside from background noise!!)
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Lab_Rat (OP)
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September 10, 2014, 04:13:40 AM |
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AntMiner and Spondoolies have similarly priced hardware at similar power cons so I've looked into both as they both have Oct delivery dates as of this time.
To any conspiracy theorists out there claiming I have blown the BFL refund or it doesn't exist, please remove yourself from these forums and go bother someone else. It was guaranteed by the end of the month but I'll be bugging them for it tomorrow as the sooner the better. I also feel that they are going to try to royally screw us on the BTC rate so I may have to go after them on this.
Did you get an update on the refund, be good to get this moving... (aside from background noise!!) 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.
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sparky999
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September 10, 2014, 08:59:22 AM |
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Why did it even come to a court case?
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Endlessa
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September 11, 2014, 10:04:06 PM |
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Why did it even come to a court case?
Lol way to kill a thread there Sparky . . haha
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Endlessa
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September 12, 2014, 06:08:59 PM |
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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): --------------------- 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) --------------------- 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-caseI 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.
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Endlessa
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September 12, 2014, 06:35:43 PM |
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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------ Docket Report URL: https://byteshot.com/eedECj--------------------- 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/---- 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---- ***************** NEW EVENTS ***************** 09/05/2014 3 NOTICE of designation under Local Rule 3.05 - Track 2 (AO) (Entered: 09/05/2014) Documents: https://byteshot.com/BegN6x---- 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---- 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---- 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---- 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---- ***************** REPORT CHANGES ***************** 09.12.14 - Formalized a format that is usable on the forums --------------------- 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.
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Endlessa
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September 12, 2014, 07:23:09 PM |
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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
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grnbrg
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September 12, 2014, 07:42:54 PM |
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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.
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.
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Endlessa
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September 12, 2014, 08:01:11 PM |
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IANAL, but... Don't the service receipts seem to indicate that the summons were accepted on Zach's behalf?
I'm not sure that accepting on behalf of someone else counts as being served, unless you are an agent of the company or representative (attorney, power of attorney, etc). Though I could be absolutely wrong about this, it's just my little nooblet understanding of the process and limited experience with divorce. My divorce was relatively civilized, but I do know that public (i.e. posting in a newspaper) notice can be used, if the person isn't found. Hopefully somebody who is a lawyer/has the legal knowledge can answer that or I can ask on a legal forum somewhere. 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.
NP, I personally had to do it for sanity and I has sad when the beautiful transparent world of bitcoin is cluttered with confuscation from outside sources. It makes me happy when I can help the community lol, I have no doubt that Zach can't speak a word about it. I'm sure it's a short hairs kind of situation. -- EndlessaP.S. Woooo my name has color now too
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Endlessa
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September 12, 2014, 08:06:53 PM |
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Oh just realized what you meant by Zach can't talk, by response I meant the legal response to the court they file within 21 days after being served, not expecting Zach to answer here.
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Lab_Rat (OP)
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September 13, 2014, 04:49:15 PM |
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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 In the midst of all of this, I have been moving as the lease on my condo (slight hint that I'm not misappropriating funds) ended in mid Aug. I was not hiding from anyone, they were just looking in the wrong places. I was served the paperwork Sat. that you posted all the docs by some guy trying to be sneaky parking around the corner and wearing shorts/t-shirt (which I found funny as I was waiting for them, not hiding from them.) BTW, I would like to thank you Endlessa for a few things you've done as I can't comment and it's better to have truthful information out there rather than trolls and speculators.
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Lab_Rat (OP)
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September 13, 2014, 04:51:29 PM |
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Oh just realized what you meant by Zach can't talk, by response I meant the legal response to the court they file within 21 days after being served, not expecting Zach to answer here.
There will likely be multiple responses before one of true importance is even worth sharing. I'll ask my lawyers if I should share or just let you guys pull from public records...
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Lab_Rat (OP)
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September 13, 2014, 05:13:25 PM |
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Distributions Paid
Mined: BTC2.06467953 Per Contract: BTC0.00001158 Bonus: BTC6.60199899 Bonus Per contract: BTC0.00003702
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smracer
Donator
Legendary
Offline
Activity: 1057
Merit: 1021
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September 13, 2014, 06:34:30 PM |
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fractal02
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September 14, 2014, 05:27:42 PM |
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What kind of feeling ? About what ? Please explain LabRat, i don't get it about this BTC movement.
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elitenoob
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September 14, 2014, 05:46:42 PM |
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Damn a riddle...always been bad at those
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Endlessa
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September 14, 2014, 06:10:09 PM |
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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 In the midst of all of this, I have been moving as the lease on my condo (slight hint that I'm not misappropriating funds) ended in mid Aug. I was not hiding from anyone, they were just looking in the wrong places. I was served the paperwork Sat. that you posted all the docs by some guy trying to be sneaky parking around the corner and wearing shorts/t-shirt (which I found funny as I was waiting for them, not hiding from them.) BTW, I would like to thank you Endlessa for a few things you've done as I can't comment and it's better to have truthful information out there rather than trolls and speculators. Oh, were you forced from the condo? If so, my condolences. I was under the understanding you were moving to a newly purchased house. Did all that fall through or something? A random public record flew by that made me wonder. NP on the report, I just want to see through the chaos I'd love to see direct information posted from you guys, but I understand the need to not comment publicly, as well. Anything your lawyers deem appropriate to post would be an additional and appreciated bit of information for us we can rely on.
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