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    Rocky's Corner:

    1. #2061
      rocky301's Avatar
      From "cash projection" slide 73 it shows $21.7MM in cash and available funding as of
      March 31, 2012.
      http://www.advancedcell.com/document...12---final.pdf

      Given that we had $15MM of funding available at year end between Series A and Socius
      it seems a given ACT did make another Socius draw the end of March which would account
      for the additional 33MM in OS# between March 22-April 3. If no draw was made it would
      mean ACT had $6MM COH which Rabin has never let this figure get that low since he became
      CEO. The chart also suggests to me that more funding will be online prior to the 4th qtr
      where COH+available funding is less than $10MM...

      Since i cannot get any new numbers from TA until May 1 I have been watching for the Company
      to update the "Corporate Profile" of their website. It was updated yesterday prior to the meeting
      showing an April 25 date but they did not change the OS# showing the 33MM share increase
      I received from the TA on April 3..thanks
      http://www.advancedcell.com/document...%20Profile.pdf
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    2. #2062
      rocky301's Avatar
      As mentioned yesterday, ACT is using the name Centrecourt to represent the CAMOFI/CAMHZN
      lawsuit. Here is the trail,

      Centrecourt Asset Management:
      Richard L. Smithline - Chairman and Chief Executive Officer, Centrecourt Asset Management LLC; and Managing Member
      Centrecourt Asset Management

      From ACT SEC Filings:
      CAMOFI Master LDC Richard Smithline(control person)
      CAMHZN Master LDC Richard Smithline(control person)
      Page 37
      ADVANCED CELL TECHNOLOGY, INC. - ACTC Securities Registration: Small Business (SB-2) SELLING SECURITY HOLDER TABLE
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    3. #2063
      firewater1762's Avatar
      Thanks Rocky;
      As I have never heard that name Centrecourt before I have been trying to find them but was getting nowhere. I love it when you clear things up for us. Again thanks
      Dan

    4. #2064
      rocky301's Avatar
      Quote Originally Posted by firewater1762 View Post
      Thanks Rocky;
      As I have never heard that name Centrecourt before I have been trying to find them but was getting nowhere. I love it when you clear things up for us. Again thanks
      Dan
      Dan,

      no problem. The Centrecourt sceario with CAMOFI and CAMHZN being affiliates is akin to Socius and Optimus
      with Peizer being the control person....Here is a post that has many names tied with Terren S. Peizer
      Advanced Cell Technology (ACTC): Well, all the names used and associated with
      elllk likes this.
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    5. #2065
      firewater1762's Avatar
      Rocky;
      That is 6 different names Terren has used for funding ACT. He has made incredible amounts of money from those investments as well he should. He took enormous risk at a very rough time in Act history and has been paid well for it. I only hope he has only scratched the surface as we continue to draw down on the lines of credit he is building up an enormous amount of shares very cheaply. If ACT does have half the success we hope for he will be a very rich man indeed.
      Dan

    6. #2066
      rocky301's Avatar
      Quote Originally Posted by firewater1762 View Post
      Rocky;
      That is 6 different names Terren has used for funding ACT. He has made incredible amounts of money from those investments as well he should. He took enormous risk at a very rough time in Act history and has been paid well for it. I only hope he has only scratched the surface as we continue to draw down on the lines of credit he is building up an enormous amount of shares very cheaply. If ACT does have half the success we hope for he will be a very rich man indeed.
      Dan
      Dan,

      Actually Peizer is involved in more. The Pref-A-1 is also Peizer's deal which many are unaware of.(bolded below from 10K)
      Volation Life Sciences Capital Partners
      You can read about the PR and SEC documents here..thanks
      Advanced Cell Technology (ACTC): You can go to this post and see
      "Optimus, Socius and Volation combined would be approx. $40MM in financing. Many different names but the same player."

      (Financing available at year end from 10K)
      We plan to fund our operations for the next twelve months primarily from the following financings:

      ∑ As of December 31, 2011, $1,581,834 is available to us upon the sale of our Series A-1 preferred stock for a maximum placement commitment of $5 million.

      ∑ As of December 31, 2011, $13.5 million is available to us upon the sale of our Series C preferred stock for a maximum placement commitment of $25 million.
      ∑ We continue to repay our debt financings in shares of common stock, enabling us to use our cash resources to fund our operations.
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    7. #2067
      firewater1762's Avatar
      Rocky;
      Seems there are plenty of protections against a take over by terren and or any other associates. However I also read it as preventing him from taking any action on appointments to the BOD and prevents him from being considered as a BOD member as that would allow for additional accumulation of shares which according to the terms of the financing is prohibited. Am I understanding this correctly. I actually thought he may be considered for one of those positions and that he would be a good addition to the board.
      Dan

    8. #2068
      rocky301's Avatar
      Quote Originally Posted by firewater1762 View Post
      Rocky;
      Seems there are plenty of protections against a take over by terren and or any other associates. However I also read it as preventing him from taking any action on appointments to the BOD and prevents him from being considered as a BOD member as that would allow for additional accumulation of shares which according to the terms of the financing is prohibited. Am I understanding this correctly. I actually thought he may be considered for one of those positions and that he would be a good addition to the board.
      Dan
      Dan,

      IMO, the last thing we need is another BOD who is or has financed the Company. Caldwell
      had a company who financed us, Shapiro has and Rabin too. Complete independence
      from ACT employment or financing works for me.
      Yes, the Pref. Class shares were set up correctly protection wise which was a must to prevent
      any moves to control a takeover or control items of vote...
      Last edited by rocky301; 04-27-2012 at 06:30 PM.
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    9. #2069
      rocky301's Avatar
      Accelerated Filers:

      10-Q: for Quarterly Period Ended 03/31/12 due Thursday, May 10, 2012
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    10. #2070
      catchall catchall's Avatar
      I listened to the party in the desert ....the current actc.
      I am continually amazed by the science. This team Lanza et al has discovered a neural progenitor cell. Blastomer cell starts to differentiate into forming cells and on the way to becoming RPE they have the prior cell. What a project!
      The party in the desert started with Overwhelmingly positive vote for potential R/S if gary deems it in the company interest. He may choose not to R/S however. Incidentally the criteria for uplisting to a stronger exchange are satisfied by the company. The NAS also wants a litigation history of the company and the current state of affairs. Thus the centercourt name arose. Says gary rest assured the outstanding stuff will be dealt with. imo Once these weights around the neck of actc are loosened then cut free the company should float higher imo.
      Gary said his shares and other managers shares are the same as those purchased by shareholders in that their value floats with the current market value. You bought your shares and I bought my shares what planet is he on. I did not hear that they were buying open market shares. They have adequate financing for more than a year and interesting intellectual property and brainy folks too. From a practical legal science view those scientists can pursue the research only at actc because actc owns the intellectual property history.Those who forget the past leads to the future can be lost in the glomming.
      Quote Originally Posted by rocky301 View Post
      As mentioned yesterday, ACT is using the name Centrecourt to represent the CAMOFI/CAMHZN
      lawsuit. Here is the trail,

      Centrecourt Asset Management:
      Richard L. Smithline - Chairman and Chief Executive Officer, Centrecourt Asset Management LLC; and Managing Member
      Centrecourt Asset Management

      From ACT SEC Filings:
      CAMOFI Master LDC Richard Smithline(control person)
      CAMHZN Master LDC Richard Smithline(control person)
      Page 37
      ADVANCED CELL TECHNOLOGY, INC. - ACTC Securities Registration: Small Business (SB-2) SELLING SECURITY HOLDER TABLE
      Last edited by catchall; 04-27-2012 at 11:55 PM.
      AMGuy and hasta la vista BB like this.

    11. #2071
      rocky301's Avatar
      Mail ?,

      "do you agree no funding will be needed/announced until 2nd qtr 2013?"

      No I don't. I would suggest that more funding will be lined up soon meaning the next 3
      months or so. Here is my reasoning for saying so. If you look at projections on slide 73
      here, http://www.advancedcell.com/document...12---final.pdf
      you will note ACT projects to end quarter 3 of this year with $13.3MM(cash and available funding).

      Now look at Rabin's MO since he came on board as CEO end of 2010 and where they have
      kept the cash on hand numbers at the end of each period.

      12-31-2010...$15.9MM
      QTR 1 2011...$13.7MM
      QTR 2 2011...$16.1MM
      QTR 3 2011...$13.9MM
      12-31-2011...$13.1MM
      (This indicates ACT is keeping enough COH to cover cash burn rate for approx.
      9 months)

      The above translates to me that the projected 3rd qtr number of $13MM for 2012 is essentially
      ACT cash position with NO funding available. The easiest way to beef the available funding back up
      would be to pursue the remaining 1500 Pref C shares left with Socius which under the same terms
      as now translates into $15 million more available to draw on. That's how I see it for now...thanks
      Last edited by rocky301; 04-28-2012 at 09:17 AM.
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    12. #2072
      Bogeyfree
      Guest Bogeyfree's Avatar
      Quote Originally Posted by rocky301 View Post
      Mail ?,

      "do you agree no funding will be needed/announced until 2nd qtr 2013?"

      No I don't. I would suggest that more funding will be lined up soon meaning the next 3
      months or so. Here is my reasoning for saying so. If you look at projections on slide 73
      here, http://www.advancedcell.com/document...12---final.pdf
      you will note ACT projects to end quarter 3 of this year with $13.3MM(cash and available funding).

      Now look at Rabin's MO since he came on board as CEO end of 2010 and where they have
      kept the cash on hand numbers at the end of each period.

      12-31-2010...$15.9MM
      QTR 1 2011...$13.7MM
      QTR 2 2011...$16.1MM
      QTR 3 2011...$13.9MM
      12-31-2011...$13.1MM
      (This indicates ACT is keeping enough COH to cover cash burn rate for approx.
      9 months)

      The above translates to me that the projected 3rd qtr number of $13MM for 2012 is essentially
      ACT cash position with NO funding available. The easiest way to beef the available funding back up
      would be to pursue the remaining 1500 Pref C shares left with Socius which under the same terms
      as now translates into $15 million more available to draw on. That's how I see it for now...thanks
      Rocky,

      So if I'm reading your post right you think ACTC will have to secure some new funding by the end of Q3 2012 if they want to maintain their 13m COH or 9 month supply trend.

      At that point our easiest source for new cash is to use the Pref C shares which would provide around another 15m and if we did that and if our burn rate stays the same that would allow us enough operating cash for another 12 months, up to around Q32013 right?

      Now we know our burn rate is going to accelerate over these next 12-18 months so if you had to bet/prioritize the top 3 places where you think ACTC will actually get additional funding what are your #1,#2, #3? And I mean not necessarily the best places to get funding but where you think ACTC will go such as China JV, EU RPE JV, US RPE JV, R/S Institutional Investor, more private funding like Socius, Roslin, CIRM, DOD etc. I'm curious if your thoughts are different than what was implied / laid out on the CC.

      Thanks,

      Bogeyfree

    13. #2073
      rocky301's Avatar
      Quote Originally Posted by Bogeyfree View Post
      Rocky,

      So if I'm reading your post right you think ACTC will have to secure some new funding by the end of Q3 2012 if they want to maintain their 13m COH or 9 month supply trend.

      At that point our easiest source for new cash is to use the Pref C shares which would provide around another 15m and if we did that and if our burn rate stays the same that would allow us enough operating cash for another 12 months, up to around Q32013 right?

      Now we know our burn rate is going to accelerate over these next 12-18 months so if you had to bet/prioritize the top 3 places where you think ACTC will actually get additional funding what are your #1,#2, #3? And I mean not necessarily the best places to get funding but where you think ACTC will go such as China JV, EU RPE JV, US RPE JV, R/S Institutional Investor, more private funding like Socius, Roslin, CIRM, DOD etc. I'm curious if your thoughts are different than what was implied / laid out on the CC.

      Thanks,

      Bogeyfree
      Bogey,

      An ACT objective for 2012 is to finish PHASE 1 injections. We have completed 25% as of now. I do not
      envision any big JV in the RPE program at this stage and believe it will be well into Phase 2 before ACT
      has the leverage to consumate a deal they feel is appropriate and for me that was implied once again
      at SHM.

      If ACT maintains their Cash position as they have the past year then funding is depleted the way I see it
      in the 3rd qtr. I don't believe ACT will venture into the 4th qtr without announcing some additional funding.
      To file financials with only COH and no back up funding would not look good imo especially if we are on
      or going to Nasdaq.

      Socius:
      1) We have done approx. $40MM with them when the current line is exhausted so a relationship
      is there.
      2) Series C Pref still has 1500 shares available filed with Delaware
      3) ACT can cancel anytime with 30 days notice
      4) ACT is NOT required to draw anything
      5) ACT can draw when the PPS is suitable
      6) Provides a standing line of money that MAY be used
      7) Socius has been required and obligated under these deals to provide millions
      to ACT whenever ACT asks for it....to have a standing deal like this, whether you use funds
      or not is a big inducement for companies like ACT..

      So given the above and my assumption no "big" JV will happen this year at least one that provides
      "operational dollars" for ACT is my reasoning for stating a continuing funding source from Socius
      has the appearance of being the easiest...for now

      Now we know our burn rate is going to accelerate over these next 12-18 months so if you had to bet/prioritize the top 3 places where you think ACTC will actually get additional funding what are your #1,#2, #3? And I mean not necessarily the best places to get funding but where you think ACTC will go such as China JV, EU RPE JV, US RPE JV, R/S Institutional Investor, more private funding like Socius, Roslin, CIRM, DOD etc. I'm curious if your thoughts are different than what was implied / laid out on the CC.

      China JV, EU RPE JV will not provide operational funds for ACT. They will most likely pay for clinical trials
      in their respective regions but in no way, imo, will they provide a "lump of cash" for ACT to do as they wish.
      US RPE JV? I see that further out into Phase 2 before anything takes place.
      With the above said, I see more private equity and any Roslin revenues applied to that although I am not sure
      how quick Roslin will produce substantial revenues. CIRM and DOD once again may possibly provide funds
      for research or specific areas but not operating costs.

      I don't see much change in funding techniques for 2012 and early 2013. That doesn't mean something
      better and non-dilutive won't take place as we all hope, it's just what I see at this time..thanks
      'TIME IS BUT THE STREAM I GO A-FISHING IN'<img src="http://investorstemcell.com/images/scipro.png" border="0" />

    14. #2074
      Regenerative Guru Member tradeup's Avatar
      Great post Rocky.

      Quote Originally Posted by rocky301 View Post
      An ACT objective for 2012 is to finish PHASE 1 injections. We have completed 25% as of now. I do not envision any big JV in the RPE program at this stage and believe it will be well into Phase 2 before ACT has the leverage to consumate a deal they feel is appropriate and for me that was implied once again at SHM.
      Couldn't agree more.

      Quote Originally Posted by rocky301 View Post
      China JV, EU RPE JV will not provide operational funds for ACT. They will most likely pay for clinical trials in their respective regions but in no way, imo, will they provide a "lump of cash" for ACT to do as they wish.
      I was hoping a lump of cash would be possible with a China JV. What are the a reasons you feel confident this would not be the case? Thanks.
      jckrdu likes this.

    15. #2075
      jckrdu's Avatar
      Quote Originally Posted by rocky301 View Post
      Bogey,

      An ACT objective for 2012 is to finish PHASE 1 injections. We have completed 25% as of now. I do not
      envision any big JV in the RPE program at this stage and believe it will be well into Phase 2 before ACT
      has the leverage to consumate a deal they feel is appropriate and for me that was implied once again
      at SHM.

      If ACT maintains their Cash position as they have the past year then funding is depleted the way I see it
      in the 3rd qtr. I don't believe ACT will venture into the 4th qtr without announcing some additional funding.
      To file financials with only COH and no back up funding would not look good imo especially if we are on
      or going to Nasdaq.

      Socius:
      1) We have done approx. $40MM with them when the current line is exhausted so a relationship
      is there.
      2) Series C Pref still has 1500 shares available filed with Delaware
      3) ACT can cancel anytime with 30 days notice
      4) ACT is NOT required to draw anything
      5) ACT can draw when the PPS is suitable
      6) Provides a standing line of money that MAY be used
      7) Socius has been required and obligated under these deals to provide millions
      to ACT whenever ACT asks for it....to have a standing deal like this, whether you use funds
      or not is a big inducement for companies like ACT..

      So given the above and my assumption no "big" JV will happen this year at least one that provides
      "operational dollars" for ACT is my reasoning for stating a continuing funding source from Socius
      has the appearance of being the easiest...for now

      Now we know our burn rate is going to accelerate over these next 12-18 months so if you had to bet/prioritize the top 3 places where you think ACTC will actually get additional funding what are your #1,#2, #3? And I mean not necessarily the best places to get funding but where you think ACTC will go such as China JV, EU RPE JV, US RPE JV, R/S Institutional Investor, more private funding like Socius, Roslin, CIRM, DOD etc. I'm curious if your thoughts are different than what was implied / laid out on the CC.

      China JV, EU RPE JV will not provide operational funds for ACT. They will most likely pay for clinical trials
      in their respective regions but in no way, imo, will they provide a "lump of cash" for ACT to do as they wish.
      US RPE JV? I see that further out into Phase 2 before anything takes place.
      With the above said, I see more private equity and any Roslin revenues applied to that although I am not sure
      how quick Roslin will produce substantial revenues. CIRM and DOD once again may possibly provide funds
      for research or specific areas but not operating costs.

      I don't see much change in funding techniques for 2012 and early 2013. That doesn't mean something
      better and non-dilutive won't take place as we all hope, it's just what I see at this time..thanks
      Good thoughts as usual Rocky. If history is our guide, your scenario is the most likely.

      I'm going to hope for "something better and non-dilutive" to help fund ACTC operations by the end of 2012. IMO, the China JV and license fees for the MA09 line are the most promising at this time, and I truly hope ACTC management understands the importance of starting to monetize their assests to minimize further dilution.

      A mini-rant: ACTC just issued 400MM shares to settle the lawsuits which has taken the pps down near the 52 week low. We have more lawsuits to settle and shares to issue over the next 1-6 months. After all of that, if Rabin & the BOD then dilute again to raise operational funding and have the issued shares start to approach the authorized shares, I see that as a rather bearish scenario..... which is why I believe getting some up-front cash from the China JV is high on Rabin's list of objectives.

      IMO, if ACTC is talking to some of the major players in China as advertised, a $16MM up front milestone payment (that ACTC could use as they wish) would seem to be a drop in the bucket for those guys, but would be a godsend for ACTC as the company has a modest cash burn rate of only $16MM per year. I'm hoping that Rabin, the BOD and Matt Vincent can pull it off in 2012.... they have time. They're already discussing milestone payments.... just need to pencil in that 1st milestone payment with no strings, due upon signing of the deal.

    16. #2076
      rocky301's Avatar
      jckrdu and tradeup,


      I have broken up Rabins statements from 3rd qtr CC below. In order to move forward on this deal at all
      I myself believe the following conditions were mutually agreeable, in some form, for the parties to move
      forward when they met back in November or so. The recent SHM listed "license fee" and "milestone payments".
      To me, "milestone payments" come during the development process upon reaching certain goals/events.
      The "license fee" has potential to bring dollars in but to what extent I don't know. Under the scenario below China
      pays for everything from clinical trials to distribution.. that is huge, imo. If a deal were struck at China 60%
      ACT 40% and "ACT can direct science and regulatory decisions", rake in milestone payments and receive
      40% of a massive market? I would be impressed and thrilled with little if any outlay of ACT dollars. You folks
      may be right about a "lump sum" infusion on top of that and I hope you are. I will look more towards a license
      fee but don't expect it to be in the range as most think. Also, keep in mind my previous post is based on things
      as I see them today. I don't plan big dollars in the equation when it's possible the deals won't get done.
      As stated previously, Phase 1 until year end or so, endpoints established for the Phase 2 trials and things
      start to change, jmo...thanks guys..


      Well, in terms of the structure, the joint venture can be majority owned by the Chinese, not majority owned by the Chinese, but our objective is to have the entirety of the trial funded by our Chinese partner.

      And in exchange for the funding of that trial, they want an equity participation in the future sale of these cells in China which strikes us as a reasonable result given the fact that the partner is going to commit to funding the trials not only in the initial phase but obviously all the way through the final new drug application in China and then the ultimate distribution of the drug in China.

      So, thatís why we have chosen to structure it that way. As we introduce this to you, and as we introduce our Chinese partner to you, we will provide you as much transparency into this as we possibly can.

      I can assure you that the deals that the company has done in the past with licensing and joint venture, will not look anything like this deal. Next question please.
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    17. #2077
      Regenerative Guru Member tradeup's Avatar
      Thanks for taking the time to lay out your thoughts on this Rocky. With the inherent IP risks associated with operating in China, I'm hoping GR can up the ante.
      Actc_fan and jckrdu like this.

    18. #2078
      rocky301's Avatar
      This week should shed some light on where a couple lawsuit cases
      are headed:

      TUESDAY OF THIS WEEK:
      Aronson/Gorton:
      Motion to Dismiss May 1, 2012

      WEDNESDAY OF THIS WEEK
      Alpha: seeking damages
      Case Management Conference set for 5/2/2012
      Alpha Capital -- we have already delivered 40 million shares under an injunction. They are now seeking damages to close the matter

      CAMOFI..(Centrecourt ) reset shares+damages
      NOT sure if ACT's response to Plaintiffs Amended claim due April 30 will be made public:
      Plaintiffs Amended claim was ordered to be done April 3, not made public:

      ALSO:
      Fairness Hearing set for 5/3/2012 for Black Mountain Settlement
      All proceeds in escrow from the 18MM shares issued upon injunctive relief order will be released
      and the new 800K additional shares will be issued by next business day..
      Last edited by rocky301; 04-30-2012 at 10:01 AM.
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    19. #2079
      rocky301's Avatar
      First Alpha filing since Dec 23, 2011. No biggie, time for hearing moved from 4:00 to 3:00..

      04/30/2012 Calendar Entry **Time Change**: Status Conference set for Wednesday, May 2, 2012 at 3:00 PM (**NOT 04:00 PM**) in Courtroom 20-C before Judge Paul A. Crotty, U.S.D.J. Reason for date change: change on calendar. Any request for adjournment shall be made in writing and in accordance with Judge Crottys Individual Practices (By: Marlon Ovalles - Courtroom Deputy). (mov) (Entered: 04/30/2012)

      Prior filing below indicates no trial. Hopefully a settlement is at hand..

      12/12/2011 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. This case is not to be tried to a jury; Motions to amend or join additional parties due by 1/8/2012. Deposition due by 3/28/2012. Fact Discovery due by 4/9/2012. Expert Discovery due by 5/22/2012. Case Management Conference set for 5/2/2012 at 04:00 PM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty. (Signed by Judge Paul A. Crotty on 12/12/2011) (djc) (Entered: 12/12/2011)

      status conference
      a pre-trial meeting of attorneys before a judge required under Federal Rules of Procedure and in many states to inform the court as to how the case is proceeding, what discovery has been conducted (depositions, interrogatories, production of documents), any settlement negotiations, probable length of trial, and other matters relevant to moving the case toward trial. Court rules usually require the filing of a status conference statement prior to the conference. In Federal courts the status conference is also the occasion for setting a trial date
      Last edited by rocky301; 04-30-2012 at 10:13 AM.
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    20. #2080
      All in J's Avatar
      Looking forward to some progress this week
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