Andy Esquivel gets tough on the court! On April 10th, Andy posted the following on his Diigo blog:
04/08/2013 Ladd Q. (6924 read) – firstname.lastname@example.org – WHY are the plaintiffs paperwork called securities but not Ladd’s, Allen’s, Jeff’s, etc. all true Xtagged owners want this fake securities case dropped A.S.A.P!
As you can see, Andy is mad! He wants to know why Allen Brady, Jeff whats-his-face, and Ladd Quayle’s Xtagged paperwork aren’t referred to as a “securities” while Ryion, Chris and Kyle’s paperwork is. That is a very good question, and it’s probably something Andy can ask the court on May 14th at his pre-trial hearing. If Andy is forceful enough about this apparent discrepancy, he might actually be able to convince the judge to throw the case out prior to the June 12th trial date. Andy might consider presenting the judge with paperwork for all current and past owners of Xtagged and Wiser Technology to bolster his case. If the court is so convinced that Ryion, Kyle and Chris’ paperwork all constitute ‘securities’, then you would think that the courts would have said something about the paperwork of those other owners as well. I’m sure there’s a valid reason why only the paperwork for these three defendants was considered when bringing securities fraud charges against Andy, but he has a right to know what those reasons were.
Good luck Andy! Maybe you should consider writing a letter to the court via the clerk’s office to expedite the process. You’ll have to include all the subject paperwork as to add weight to your case for a dismissal, but at least you won’t have to wait until May 14th for a decision.