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Rocker/Gradient SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery

Location: Blogs Bob O'Brien's Sanity Check Blog    
Posted by:   bobo 3/1/2006 11:46 AM

UPDATE - 5:03 PM EST - CNBC just has our good friend, the WSJ's Jesse Eisinger (of "Who's Bob O'Brien" and trespassing/terrorizing geriatrics fame) on, and after showing a clip of Dr. Byrne, had him rip into Byrne, claiming longs were panicking and that shorts are good, furry, cuddly little gnomes - oddly, there was no mention of the Marin ruling. Anyone confused about how blatantly rigged this now is? Anyone? Oh, and even though Reuters has been notified numerous times that they erroneously printed the url www.Sanitycheck.com instead of ours, they have still not corrected it. So the games continue.

-----------------

“But in the stands there were no smiles, no smirking smug conceits,

The perps weren't thowing out high-fives, nor celebratory peeps,

Gone were the cries, "It's all a lie", or, "Byrne will lose this bout..."

There was no joy in Short Hills, mighty Rocker had struck out...”

judge.GIF

That about sums it up. Today, in a Marin County courtroom, a judge, stern of visage and solemn of demeanor, ruled that Rocker and Gradient’s SLAPP motion was a big, quivering pile of dog dung.

Baseless, without merit, frivolous, a big fat waste of everyone’s time. Designed to delay the inevitable, never standing a prayer of succeeding.

That is my opinion, reading between the lines, based on early info. The judge actually indicated that he was refusing Rocker/Gradient’s bid to throw the case out on SLAPP grounds. You can read the headline about it here.

Because, as the Bunny has said all along, this is about conduct, not speech.

There will no doubt be an appeal, also designed to delay as long as possible.

No one is fooled.

So for all the hand wringing and acrimonious whining from the NY press, who are busy supporting Rocker and Gradient and condemning Dr. Byrne, the judge, who has all the facts, issued his opinion:

The Gradient/Rocker SLAPP defense is a big fat nothing.

And now Overstock gets discovery, and all the prime brokers and the network of supporting miscreants will get to open their Kimonos.

It's been quite a week, no?

The defendants were heard whining about how unfair it all is, and how they are victims, and how big bad mean scary Dr. Byrne is picking on them - and they are doing so with the full support of their allies in the NY Press corps. Just moments ago an article came out in which Gradient was mewling about how put upon they are, and how they've been maligned, etc.

"Waaaaaaaahhhhhhhhh....snurff...urrnnggph...sniff...waaaaahhhh!"

baby.jpg

Give it up, boys. It is over. O-V-E-R. This moves to discovery, and all facts will be known. The trading records will see the light, the SEC will be provided all the data, and everyone will get an opportunity to see exactly how innocent you are.

I'd have thought there would be a celebration that you will be allowed to demonstrate your innocence, and to defend your good names.

Why, it's almost as though you have something to hide.

judge1.GIF

Huh.
Copyright ©2006 Bob O'Brien
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Comments (79)
Re: Rocker/Gradient Bitch Slapped by Marin Judge, SLAPP Motion Chucked By Joel on 3/1/2006 11:53 AM
Appeal will take about a year. I have been watching on simular in California and that is how long it takes.
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By n-tres-ted on 3/1/2006 12:01 PM
Interlocutory appeal to delay discovery? I don't think so. Discovery will proceed. But with the SEC subpoenas issued, my guess is defendants will start claiming shelter under the Fifth Amendment, rather than the First.
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By Just Someone on 3/1/2006 1:40 PM
YES A BIG WIN FOR ROCKER! CELEBRATE CELEBRATE, THE CHANCE TO PROVE THEIR INOCENCE! That is what they're gonna do right...........right?
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By troydian on 3/1/2006 1:44 PM
BOBO...... It is imparitive to get the ..(the ) in thesanitycheck.com put on the story that is allover the newswires people wanting to access tis site are not getting here......
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By bburrell on 3/1/2006 1:45 PM
Joel,

Read my blog on these press embarassments, which you obviously only skimmed the title of. I never called Cramer a Nazi, rather I compared the tactics used by the ultra left (which the Nazi's were part of), to those used against Patrick.

Clean up your act and read what you are commenting on. The Houston Chronicle is right: Cox should resign. It is a core element of the SEC Commission's mandate that it is never appropriate for it to interfere with enforcement actions. If anyone is stupid enough to think that the Enforcement Division didn't think through these subpoenas first, they are absolutely crazy, or serving other interests.

Wake up and smell the napalm.

B.
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By bobo on 3/1/2006 1:49 PM
Troydian: We have had numerous people email Reuters to correct it, and they apparently are deliberately not doing so. Email them. But I know of at least 5 people that have sent corrections, which they are ignoring. This is not a fair fight. We know that. The mispelling of the url is obvious, has been sent to them, and they are doing nothing about it.

Then again, I don't run billions on Wall Street, so what can we expect?

BTW, there is now another new drawing up at the end of the blog, for everyone's amusement...
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By dave on 3/1/2006 1:50 PM
Hopefully google picks up this wrong address, but it would be better to be on the front page.

reuters

Overstock's share price. Halfway through the CNBC interview, Byrne held up a placard with two Web site addresses -- www.sanitycheck.com/ should be http://www.thesanitycheck.com

http://www.sanitycheck.com should be http://www.thesanitycheck.com
http://www.sanitycheck.com should be http://www.thesanitycheck.com
http://www.sanitycheck.com should be http://www.thesanitycheck.com
http://www.sanitycheck.com should be http://www.thesanitycheck.com
http://www.sanitycheck.com should be http://www.thesanitycheck.com
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By dave on 3/1/2006 1:54 PM
Try

putting "http://www.thesanitycheck.com/BobsSanityCheckBlog/tabid/56/EntryID/119/Default.aspx#Comments"

into a google search. It may trigger google to look at this page again if enough people do it and catch the wrong link above.

Try putting:

http://www.sanitycheck.com should be http://www.thesanitycheck.com

into your own blogs and sites so google can pick up on it.
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By dave on 3/1/2006 1:55 PM
Note that the above link was truncated. Try copying from your address bar above and paste into a google search.
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By browntrout on 3/1/2006 1:57 PM
n-tres-ted and shofco- I watched Maria also. Case you have not figured it out that segment was designed to keep a lid on OSTK today after OSTK won in the court room. All they did was blah blah blah into the closing minutes of the market. Jesse said that OSTK had gone down because long holders had panicked and that it was impossible for shorts to manipulate a stock downward! SPIN SPIN SPIN! No mention of naked shorts or huge accumulation of the stock and institutions during this time. NO MENTION of OSTK's win in the courtroom when the news had broken an hour or so earlier. Why is that? SHAME ON MARIA!
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By mhelburn on 3/1/2006 2:00 PM
The pictures are fabulous. I could have been there to witness it, but I would have missed the blog! It is utterly amazing... how fast the news it out.

The news is out, all over town.. first it is the hedge funds..then Krusty the Clown
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By anon on 3/1/2006 2:01 PM
I'm sure the 1M shares shorted (sold) on OSTK last month had no effect on the price downwards.

Or the 8M shares shorted and sold before that.

And the M's of shares that haven't settled that were shorted before that.

Nah, all that selling has no effect on the price.
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By bobo on 3/1/2006 2:02 PM
Dave, it is now up on the front page. Is there anything else we can do to catch the search engines?
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By troydian on 3/1/2006 2:09 PM
it is working on dogpile.com now!!
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By dave on 3/1/2006 2:09 PM
The way google works is they give your site a score based on the total of all the scores of the sites that link to you. It gets a bit recursive, but the idea is simple.

Let's say overstock.com has a high score. If they link to you, it increases your score. If joe's blog links, it increases it, but not as much.

The top of the page is worth more than the bottom and a bigger font is better than a smaller one.

A front page is worth more than a level two page is worth more than a level three page.

The score is not tied to a keyword. It is global for the whole site.

I see two strategies:

1. We should all link to this site from the front page of any web page we can. If it is inappropriate to link to this site, you could always use an offwhite font on a white background - google sees it even if your viewers don't.

2. We should copy the phrase:

http://www.sanitycheck.com should be http://www.thesanitycheck.com

to our pages. If someone types in http://www.sanitycheck.com into google search (instead of their address bar), the message above will show up in the google summary.
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By WickedWorld on 3/1/2006 2:10 PM
Let's not forget the possibility that the Marias & Beckys of TV land may be more clueless than we know. They may be closer to talking heads than financial journalists, let alone aware of the lastest sophisticated fraud. They're much more aware, and even more importantly concerned, about RATINGS. And they've been told that the most important things to US are, Which Google insider farted in the mensroom or Will the price of gas go up this summer.
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By dave on 3/1/2006 2:11 PM
I just reread my post and it might be confusing.

The idea is your score is the total of the number of links that link to you, but the incoming links are weighted, so high profile sites add more to your score than low profile ones.

The score is not tied to the keyword, believe it or not. It is global for your site.

When someone types in a search word, it lists every site that has that search word, in order of their site scores.
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By BobbyC on 3/1/2006 2:13 PM
So, taking a bigger view of the whole Cramer subpoena, insider trading stuff that is overly blatant...how deep is CNBC into this? At what point to they cut and run? If they are aware of what Cramer is doing are they guilty as well? (a little off topic on this blog...sorry)

Honestly reading this blog has made my day.... I can't stand when people lie, cheat and steal and then are so arrogant that they deny what they have done.... we are seeing a rise of the power of the people through the wonderful tool called the internet... keep up the great work Bob and others!!
BobbyC
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By mhelburn on 3/1/2006 12:02 PM
Oh my, oh my!
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By Wonder Boy on 3/1/2006 12:03 PM
03/01/2006
Dow Jones News Services
(Copyright © 2006 Dow Jones & Company, Inc.)



By Siobhan Hughes
Of DOW JONES NEWSWIRES

WASHINGTON (Dow Jones)--Gradient Analytics Inc., a stock-research firm whose reports are at the heart of a regulatory investigation, said it has become the subject of a "non-stop intimidation and harassment campaign" orchestrated by Overstock.com Inc. (OSTK) Chief Executive Patrick Byrne.

Gradient has issued negative reports about Internet retailer Overstock since it began covering the company in 2003. Overstock has accused Gradient of allowing hedge fund clients to ghost write the reports and of timing the release of the reports to benefit the hedge funds. The allegations came to the attention of the Securities and Exchange Commission, which has issued subpoenas as part of a formal investigation of the matter.

"The real issue here is a few bad players whose tactic is to distort the fair value of their securities by using strong-arm tactics to silence their detractors," Gradient said in a statement on Wednesday. "The current leader of the pack is Overstock.com's CEO Patrick Byrne, who has made numerous malicious, libelous and slanderous statements against Gradient and other journalists."

The remarks from Gradient are the strongest yet by the research firm, which until now has said little about Overstock's allegations. Gradient's lawyers and Byrne are currently in Marin County (Calif.) Superior Court for oral arguments on a motion to dismiss a lawsuit filed by Overstock.

Scott Blevins, a spokesman for Overstock, said that "I don't know why they would feel intimidated unless they have something to hide in discovery."

The SEC has subpoenaed journalists as part of its probe, including Carol Remond, a columnist for Dow Jones Newswires, and Herb Greenberg, a columnist for MarketWatch.com. Dow Jones & Co. (DJ), which publishes this newswire, has objected to the subpoenas.

"We were served with the subpoenas and we have served objections in response. It's our understanding that the SEC has decided not to seek production of any documents from Dow Jones at this time," Amy Wolfcale, a spokeswoman for Dow Jones, said last Friday. "The SEC may come back in the future."

SEC Chairman Christopher Cox on Monday put a hold on the subpoenas to the journalists, saying that he had not been notified of the "extraordinary step." He did not rule out following through with the subpoenas, but said forcing journalists to produce notes about their conversations with sources raised "sensitive issues" that needed to be considered by the commission "before this matter proceeds further."

Dow Jones also publishes The Wall Street Journal and its international and online editions, Barron's and the Far Eastern Economic Review, Dow Jones Indexes, MarketWatch and the Ottaway group of community newspapers. Dow Jones is co-owner with Reuters Group of Factiva and with Hearst of SmartMoney. Dow Jones also provides news content to CNBC and radio stations in the U.S.

-By Siobhan Hughes, Dow Jones Newswires; 202-862-6654; Siobhan.Hughes@dowjones.com


Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By dave on 3/1/2006 2:13 PM
Off topic:

How's this for a billion dollar idea from a couple university students:

http://www-db.stanford.edu/~backrub/google.html
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By Anonymous Coward on 3/1/2006 2:27 PM
"Dave, it is now up on the front page. Is there anything else we can do to catch the search engines?"

Bobo,

You could include more keywords in the meta section, like:

Patrick Byrne
David Rocker
Rocker Partners
Gradient Analytics
etc.
etc.
etc.

For some reason Google isn't indexing your blog. If you search on the terms "Greenberg Of note is that the number two person at the SEC, Linda Chatman Thomsen, the Director of Enforcement, was aware" it doesn't bring up yesterday's blog.
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By dave on 3/1/2006 2:32 PM
Google doesn't update every site in its directory every day. If people with the google toolbar visit here often, then it will search it more often, but some sites are only indexed every few months. Popular sites are indexed daily.

Believe it or not, you get penalized for putting meta tags in. No one does it except for potential advertizers and google would rather you buy ads.

The only way you can game their search engine is to have lots of sites, specially high profile ones link to this site form their front page.

If Reuters would have spelled the link right, the google ranking would have received a huge boost.

Woops, what a mistake they made.
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By gregcable2002 on 3/1/2006 2:35 PM
the NSS crooks are getting their a$$ handed to them on a walmart platter.Did anyone check out GWGO and JKRI.OoooUUUUUUccccHHHH.Their days are getting shorter,I see the hangman coming.
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By dave on 3/1/2006 2:35 PM
We could always find high ranking Alexa sites and ask them to link here. Bobo seems to have found some pretty obscure ones that might do it for the reciprical link back.

I would have never visited the send a poop through the mail site if Bobo hadn't have linked to it. You should get sites like that to return the favor.

The front page of Overstock would be a natural to link here (if it doesn't already). That would definitely help the search ranking.
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By mhelburn on 3/1/2006 2:36 PM
The blog is getting long and we need more pictures. Here is a place that is quite near the Marin County Courthouse.

Rock on.. http://www.rotten.com/library/crime/prison/san-quentin/
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By WickedWorld on 3/1/2006 2:36 PM
I just typed into my Google Bar the two words "sanity check" (without the "the").

This site is result #7. Not bad but needs to be #1.
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By n-tres-ted on 3/1/2006 2:40 PM
Kudlow just announced that Herb will be on K's show tomorrow to discuss HG's "court fight with OSTK." Bob, the picture of HG being used to promo that show might be good enough to retire the "guilty dog" picture.
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By lenofus on 3/1/2006 2:40 PM
If Jesse neglected mentioning the ruling, and recommended the short, that could be big trouble......then again, trouble is CNBC's middle name. Opening next week at 6 9 and 12. I'm learning to tap dance.
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By dave on 3/1/2006 2:42 PM
Sorry for all the posts, but I've really researched search engines and the only thing that improves your score is lots of sites linking to you. One high quality site could be worth 100 small ones, but the small sites also help.

The other technique is to buy an ad. Any one of us can have an ad running on a search word for $.01 per click through. You pick your maximum amount you will spend per day and altogether and it won't go above that.

For example, we could advertise on a search for "sanity check" or "sanitycheck" and have an ad for this site show up.
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By J on 3/1/2006 2:43 PM
Appreciation thread for Dr. Byrne:

http://cmkxgroup.proboards57.com/index.cgi?board=general&action=display&thread=1141249035
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By searrows99 on 3/1/2006 2:44 PM
Now this is getting interesting, I want to set the odds on who will turn states evidence first. Greenberg 2 to 1, Remon 4 to 1, Cramer 6 to 1 . what do you all think. How long will it take?
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By dave on 3/1/2006 2:46 PM
Go here to run an ad pointing to http://www.thesanitycheck.com:

http://www.google.ca/ads/

You choose your search words, ad copy and the amount you will pay per click and your maximum spend per day and altogether.

After it dings your credit card, the ad will be live in thirty seconds. If not enough people click on your ad (because the search word isn't relevant) it is automatically disabled.

It only runs your credit card once for the amount you authorize and the minimum spend is small ($20?). It won't hit your card again unless you tell it to.
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By dave on 3/1/2006 3:23 PM
I'd put Weiss and Matthews in there, too, but Greenberg is the favorite.

Can you imagine realizing that your name and face are front and center and the guys who made all the money are going to let you take the fall?

Then the prosecuters offer you a deal....

I think he'll take it in a second.



I removed this link because I don't want to spoil the surprise, Dave. Thanks.
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By mhelburn on 3/1/2006 2:52 PM
I think that Cohen will be the first to turn. He is younger and has the most to lose and he seems to be the most powerful and the ringleader. If he doesn't roll, he is going to be in for life like Ebbers. The other parties who served as the information source for the network were more critical to the scam and they could be looking at life. Roll, baby roll.
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By Sledge on 3/1/2006 3:00 PM
I posted this comment on the previous blog....

For those of you that haven't been around Wallstreet for any length of time, this good old boy network has gone on for a long time but has gotten progressively entrenched in the past several years. What you are witnessing is the crack in the Titanic. Remember the S & L crisis? The implosion of corrupt company 'insiders' in the early 2000's. The manipulation of stocks by this cartel will be just as mind blowing. Watch.

car·tel (kär-tĕl')

*A combination of independent business organizations formed to regulate production, pricing, and marketing of goods by the members.

*A group of parties, factions, or nations united in a common cause; a bloc.
Re: Rocker/Gradient SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By mhelburn on 3/1/2006 3:28 PM
How would you feel if you had been controlling the market for several years and were a big wheel having every one of your demands met and then one week, you are served with a lawsuit? Then within the week a similar lawsuit goes to discovery? And the noise is all over the Street? It was nice to have a weak little pissant get sued first because it is a demonstration to the really wealthy manipulators that they are going to get the same result.
Re: Rocker/Gradient SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By jcline on 3/1/2006 3:42 PM
Wherrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrre's Carol? Isn't she supposed to be another screaming voice "f this and f that" as Herbie put it. How much of a liability has Cramer become to CNBC? Rekon the polls will show less people watching the more they put C&H ( and I don't mean the sugartwins here) on every program. I was tired of them even before this started ...sheesh...

dang.......... what IS that sound?????


oh yeah.... hehehe implosions.
Re: Rocker/Gradient SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By PhantomCertificates on 3/1/2006 3:47 PM
I think we are missing an opportunity here to really get the word out. If you want to promote this site, don't think billboards or every worry about the google search (although it's nice). The best advertisement is not an object, but you. What I mean is make up www.thesanitycheck.com Tee shirts. Make them up professionally, and give them to the media, support a little league team with the name, have overstock supply them for sale, sell them on amazon. Think about 20,000 people walking around with these t-shirts, or polo shirts, or sweatshirts, or baseball caps. People that ask you what that site is all about will open the door to being educated on what goes on behind the scenes at the broker/dealers and the DTCC. This, in my opinion, is how you get the word out.
Re: Rocker/Gradient SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By PhantomCertificates on 3/1/2006 3:51 PM
oh, and it would be nice if whoever is being interviewed about the subject of nss wore one of those shirts or caps, or whatever.
Re: Rocker/Gradient SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By sec on 3/1/2006 3:52 PM
If Cox buckles, the honest SEC employees have an obligation to tell the world.

http://www.sec.gov/eeoinfo/whistleblowers.htm
Re: Rocker/Gradient SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By cyrano on 3/1/2006 3:55 PM
Don't count those chickens just yet, there's a lot more corruption than people realize. Will the feds toss out a bone to appease the masses, or will the public force a full accounting of their deeds?

Stay tuned.
Re: Rocker/Gradient SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By cynabear on 3/1/2006 3:57 PM
for the first time i am actually hopeful that this whole stinking mess might be cleaned up...first NSS then world peace, how 'bout it EB?
I am in awe.
Re: Rocker/Gradient SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By Just Someone on 3/1/2006 3:58 PM
BOOOOOOOOOOOOYAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAH OH OH YYYYYYYYYYYYAAAAAAAAAAAAAAAAH :-) nice graphics
Re: Rocker/Gradient SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By janie on 3/1/2006 3:59 PM
The SEC has had the obligation to protect investors and companies....but has failed to do that. I don't mean to be negative, but why would the "honest employees of the SEC" take a stand on this issue?
Re: Rocker/Gradient SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By Just Someone on 3/1/2006 4:00 PM
When he slammed the chair and said he was gettin' pissed..........that was in your honor EB, stand proud!
Re: Rocker/Gradient SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By sec on 3/1/2006 4:04 PM
Because they have to make these people happy.

http://www.sec.gov/about/commissioner.shtml
Re: Rocker/Gradient SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By hemingway811 on 3/1/2006 4:10 PM
I'm all for T-Shirts, bumper stickers, etc. There has been some discussion about changing the name of this site to something that middle America might better relate. Shouldn't we make a final decision on this site's name first?
Re: Rocker/Gradient SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By troydian on 3/1/2006 4:19 PM
I have been at this for almost three years...trying to get this issue (nss) to press blogs and crooked politians,, so far this is THE BEST MEDIA ,,Lets not quibble about names lets get this site out to the masses.. and then we can wear tees and hats and change names.....by the way we are close lets give it all we have!!! peace T
Re: Rocker/Gradient SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By Sledge on 3/1/2006 4:23 PM
I can't resist giving all you good people here a sneak preview of what's in the pandora's box that's about to be opened.

http://ewancient.lysator.liu.se/pic/art/m/y/mysticmaiden/pandoras_box_for_elfwood.jpg

lol
Re: Rocker/Gradient SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By Wonder Boy on 3/1/2006 4:50 PM
Does anyone have a link for the video of CNBC'S Sqwak Box this morning or can you tell me how to find it. I'm and old dog, but can learn a new trick once in a while. Thanks!
Re: Rocker/Gradient SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By Sylvain on 3/1/2006 5:41 PM
Does anyone know all five (5) companies on subpeana. I think... BVF-OSTK-NFI-TASR and FFH. Isit possible?
Re: Rocker/Gradient SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By Wonder Boy on 3/1/2006 5:54 PM
OSTK NFI OVTI TASR NAVR
Re: Rocker/Gradient SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By waitaminutemyfriend on 3/1/2006 7:51 PM

bobo: "Give it up, boys. It is over. O-V-E-R. This moves to discovery, and all facts will be known."


IANALBIWJJ...

I haven't read all the postings here yet, so maybe this has already been mentioned.

Don't start counting your chickens yet.

If Rocker/Gradient appeal the denail of their motion then it will put the whole trial (INCLUDING DISCOVERY!) on hold until the appeal is decided. The SLAPP motion did that (put the trial on hold until the motion was ruled on), however the court makes a point to very quickly rule on SLAPP motions because it is the specific intent of the SLAPP law to quickly put an end to SLAPPs. However, when it comes to the appeal of a denial of a SLAPP motion (or, actually, an 'anti-SLAPP' motion) they are not decided so quickly and it could easily be a year before it is decided. And until that appeal is decided the whole trial will be placed on hold.

There was recently a California Supreme Court decision that ruled on exactly that situation. In that case a SLAPP motion had been denied and appealed but the case went forward anyways. Indeed in a jury trial the case was actually decided against the defendant who had an appeal of a failed slapp motion on appeal. However, eventually the court's decision was thrown out because the trial court had absolutely NO jurisdiction in the case while the appeal was still pending. (There are a few 'nuances' in the case but that's the jist of it.)

Here is a link to the Cal Supreme Court decision located on the web site of the California Anti-SLAPP Project: http://www.casp.net/delfino1.html

Here is a link to a list of cases with summaries: http://www.casp.net/calcase3.html

The 2nd link above includes the following quote from the decision: "The perfecting of an appeal from the denial of a special motion to strike automatically stays all further trial court proceedings on the merits upon the causes of action affected by the motion."


So... if Rocker/Gradient appeal, then the case will be on hold. HOWEVER, if their appeal turns out to be frivolous, then there could be a REAL bitch slappping!
Re: Rocker/Gradient SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By nabrum on 3/1/2006 9:32 PM
Bud.: re: "Wake up and smell the napalm"
LOL. It brings fantastic imagery to the NSS'rs.

A suggestion. As Gary has been nicknamed 'lil GW, how about calling CNBC for what it really is from now on? CNBS.
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By yup on 3/1/2006 2:28 PM
WW,

Becky and Maria don't know WTF is going on wrt this issue. There are people posting here who have been working at this issue for years. It takes months for the avg person to wade through all the info on these issues and get halfway up to speed.

I hear the SEC has been up to speed on it though.
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By dave on 3/1/2006 2:29 PM
I read the Houston Chronical article which seemed well written and unbiased.

It occurred to me that you will have a lot of honest reporters visit this site in the next few weeks.

It would be good if you had a section on this site that made it easy for them to write stories on the problem.

Maybe a legal disclaimer on what imagery and text they have the rights to reprint and some common questions and answers, with a link to other relevant parts of this site.

I believe 99% of journalists are honest, but often are limited by the imperatives of advertizers. Outside the financial press, in smaller markets, the hedgies won't have a lot of control.

In NY, the hedgie advertizers control the agenda.
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By Andreas on 3/1/2006 12:07 PM
A beautiful thing, all the dominos are falling (HG, Cramer, Rocker and higher ups); slowly still but picking up steam..
Excellent news.
IK
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By CMElec on 3/1/2006 12:09 PM
Oh how SWEET IT IS.

CMElec
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By Wonder Boy on 3/1/2006 12:09 PM
Gradient is screaming now, but just wait until you hear what Cramer and Greenberg sound like-----just before they rollover!
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By n-tres-ted on 3/1/2006 12:16 PM
The screaming is most likely to turn to the sounds of silence, as advice of counsel takes over in the face of federal investigators.
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By mfairview on 3/1/2006 12:16 PM
Ok, you have me hooked on the pictures. Can I get a picture here?
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By jcline on 3/1/2006 12:38 PM
Well let's see.... think they might just need those subpoenas "at a later date" after all. What was that sound?????????? ohh yeah.... implosion.
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By browntrout on 3/1/2006 12:40 PM
Besides Rocker, Gradient et al I will be willing to bet that the court's decision was closely monitored by Chris Cox and Commissioners at the SEC. I bet that they also were also praying for the decision to go the other way. Now tomorrow they will look so BAD BAD BAD if they don't follow through on the subpoenas against Herb and Jim.
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By mormonsniper on 3/1/2006 12:55 PM
How long before the snitches come out of the woodwork? Better to turn state's evidence than go down with the ship. All it takes is a phone call I bet. I wonder if there is a phone number we might provide, just in case someone finds their conscience?
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By Niel Storts on 3/1/2006 1:00 PM
Just the beginning. Wait until a jury of "just folks" sits in judgement of the lads. Control of the financial news won't mean a thing. Didn't seem to help much anyway, beings the blitz didn't sway more than 1 person in ten of the targeted group. We will see wild arm waving action on the idiot box soon. Quick every scream it.... BOOOYAH!!!!!!!!!
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By Joel on 3/1/2006 1:03 PM
Will be very interesting if we see a counter suit. I also wonder is thestreet.com sues some people on this site also. Comparing Hitler to Cramer today by Bud was a bad move IMO.
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By Sylvain on 3/1/2006 1:11 PM
After verification, SEC will have proof of NAKED SHORTHING and I hope they will change the law to be more powerfull to protect the public.
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By mfairview on 3/1/2006 1:17 PM
:-) That's service!
Re: Rocker/Gradient Bitch SLAPPed by Marin Judge, OSTK Suit To Proceed To Discovery By bobo on 3/1/2006 1:18 PM
Joel: Did he do that? I thought I was the only one compared to Hitler on this b