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Coffee and a Case Note
Gillespie v Gillespie [2025] NSWCA 24

Coffee and a Case Note

Play Episode Listen Later Mar 6, 2025 8:46


"You need to show good faith to sue on the Co's behalf!"___A sought to bring a derivative suit on behalf of TCo. TCo was trustee of a trust. A was a principal benef of the trust: [3]Pursuant to the trust deed, absent a resol from TCo the trust's income would be paid to the trust's principal benefs: [3]From 1988 to 1994 A was a director of TCo: [3]Broadly, as former director A sought to bring a claim on TCo's behalf re a 2005 transaction that saw the Rs (or entities related to them) acquire valuable land. A claimed the opportunity to acquire that land was TCo's and the Rs breached their duties to TCo by directing that away from TCo: [4]At first instance A was denied leave on the basis the application was not brought in good faith: [5]A appealed.The Rs resisted on the basis of a previous judgment of the CoA, relevant real property law, and a statute bar: [23]A said that the previous judgment (which required a link between the status an applicant relies on, and the loss they seek to vindicate for the company) added a gloss on the s237 criteria. A also said the evidence weighed in their favour: [24]What amounts to “good faith” is context dependent: [29]The right to bring a derivative action is granted to vindicate a right of the company. An application made for another reason it is not made in good faith: [31]If there is no connection between an applicant's capacity and the loss alleged, it is difficult to find an application was brought in good faith: [32]The greater the lapse in time between an applicant occupying the relevant role, and the application, the more difficult it is to prove good faith: [32]Crucially, if an applicant, relying on their status as director, seeks to bring an action on behalf of trustee company where they are beneficiaries of the trust they will need to prove they are attempting to advance the interests of the company itself, and not merely their interests as a benef: [35]Unexplained delay may suggest ulterior purpose. A genuine application to vindicate the company's rights might be expected to be brought as soon as the applicant is aware of a claim: [36]The CoA found A was attempting to advance their interests as benef, and not TCo's interests because: (i) A took no steps at the time of the relevant transaction, (ii) A did not adequately explain their delay, (iii) A has separately commenced proceedings in their capacity as benef suggesting A is more interested in their rights than TCo's, and (iv) A has had no connection with TCo for many years providing a “compelling” reason to find the application was not brought to vindicate TCo's interests: [38]The Court dismissed A's appeal. Costs followed the event: [39] - [41]___Thanks for reading! Please head to www.gravamen.com.au to learn about my firm, and look for James d'Apice, Gravamen, and Coffee and a Case Note on your favourite platform!#gravamen #auslaw #coffeeandacasenote

International Bankruptcy, Restructuring, True Crime and Appeals - Court Audio Recording Podcast
Intrum chapter 11 bankruptcy ruling, read by the bankruptcy judge on the record 12-31-2024, appealed by creditors via notice of appeal filed 1-13-2025

International Bankruptcy, Restructuring, True Crime and Appeals - Court Audio Recording Podcast

Play Episode Listen Later Jan 14, 2025 55:40


1UNITED STATES BANKRUPTCY COURTSOUTHERN DISTRICT OF TEXASHOUSTON DIVISIONIn re:INTRUM AB, et al.,1Debtors.Chapter 11Case No. 24-90575 (CML)(Jointly Administered)NOTICE OF APPEALPursuant to 28 U.S.C. § 158(a) and Federal Rules of Bankruptcy Procedure 8002 and 8003,notice is hereby given that the Ad Hoc Committee of holders of 2025 notes issued by Intrum AB(the “AHC”) hereby appeals to the United States District Court for the Southern District of Texasfrom (i) the Order Denying Motion of the Ad Hoc Committee of Holders of Intrum AB Notes Due2025 to Dismiss Chapter 11 Cases Pursuant to 11 U.S.C. § 1112(b) and Federal Rule ofBankruptcy Procedure 1017(f)(1) (ECF No. 262) (the “Motion to Dismiss Order”) and (ii) theOrder (I) Approving Disclosure Statement and (II) Confirming Joint Prepackaged Chapter 11Plan of Intrum AB and Its Affiliated Debtor (Further Technical Modifications) (ECF No. 263) (the“Confirmation Order”). A copy of the Motion to Dismiss Order is attached as Exhibit A and acopy of the Confirmation Order is attached as Exhibit B. Additionally, the transcript of theBankruptcy Court's oral ruling accompanying the Motion to Dismiss Order and ConfirmationOrder (ECF No. 275) is attached as Exhibit C.Below are the names of all parties to this appeal and their respective counsel:1 The Debtors in these Chapter 11 Cases are Intrum AB and Intrum AB of Texas LLC. The Debtors'service address in these Chapter 11 Cases is 801 Travis Street, Ste 2101, #1312, Houston, TX 77002.Case 24-90575 Document 296 Filed in TXSB on 01/13/25 Page 1 of 62I. APPELLANTA. Name of Appellant:The members of the AHC include:Boundary Creek Master Fund LP; CF INT Holdings Designated Activity Company; CaiusCapital Master Fund; Diameter Master Fund LP; Diameter Dislocation Master Fund II LP; FirTree Credit Opportunity Master Fund, LP; MAP 204 Segregated Portfolio, a segregated portfolioof LMA SPC; Star V Partners LLC; and TQ Master Fund LP.Attorneys for the AHC:QUINN EMANUEL URQUHART & SULLIVAN, LLPChristopher D. Porter (SBN 24070437)Joanna D. Caytas (SBN 24127230)Melanie A. Guzman (SBN 24117175)Cameron M. Kelly (SBN 24120936)700 Louisiana Street, Suite 3900Houston, TX 77002Telephone: (713) 221-7000Facsimile: (713) 221-7100Email: chrisporter@quinnemanuel.comjoannacaytas@quinnemanuel.commelanieguzman@quinnemanuel.comcameronkelly@quinnemanuel.com-and-Benjamin I. Finestone (admitted pro hac vice)Sascha N. Rand (admitted pro hac vice)Katherine A. Scherling (admitted pro hac vice)295 5th AvenueNew York, New York 10016Telephone: (212) 849-7000Facsimile: (212) 849-7100Email: benjaminfinestone@quinnemanuel.comsascharand@quinnemanuel.comkatescherling@quinnemanuel.comB. Positions of appellant in the adversary proceeding or bankruptcy case that isthe subject of this appeal:CreditorsCase 24-90575 Document 296 Filed in TXSB on 01/13/25 Page 2 of 63II. THE SUBJECT OF THIS APPEALA. Judgment, order, or decree appealed from:The Order Denying Motion of the Ad Hoc Committee of Holders of Intrum AB Notes Due2025 to Dismiss Chapter 11 Cases Pursuant to 11 U.S.C. § 1112(b) and Federal Rule ofBankruptcy Procedure 1017(f)(1) (ECF No. 262); the Order (I) Approving Disclosure Statementand (II) Confirming Joint Prepackaged Chapter 11 Plan of Intrum AB and Its Affiliated Debtor(Further Technical Modifications) (ECF No. 263); and the December 31, 2024 Transcript of OralRuling Before the Honorable Christopher M. Lopez United States Bankruptcy Court Judge (ECFNo. 275).B. The date on which the judgment, order, or decree was entered:The Motion to Dismiss Order and the Confirmation Order were entered on December 31,2024. The Court issued its oral ruling accompanying the Motion to Dismiss Order and theConfirmation Order on December 31, 2024.III. OTHER PARTIES TO THIS APPEALIntrum AB and Intrum AB of Texas LLCMILBANK LLPDennis F. Dunne (admitted pro hac vice)Jaimie Fedell (admitted pro hac vice)55 Hudson YardsNew York, NY 10001Telephone: (212) 530-5000Facsimile: (212) 530-5219Email: ddunne@milbank.comjfedell@milbank.com–and–Andrew M. Leblanc (admitted pro hac vice)Melanie Westover Yanez (admitted pro hac vice)1850 K Street, NW, Suite 1100Washington, DC 20006Telephone: (202) 835-7500Facsimile: (202) 263-7586Email: aleblanc@milbank.commwyanez@milbank.com–and–PORTER HEDGES LLPJohn F. Higgins (SBN 09597500)Case 24-90575 Document 296 Filed in TXSB on 01/13/25 Page 3 of 64Eric D. Wade (SBN 00794802)M. Shane Johnson (SBN 24083263)1000 Main Street, 36th FloorHouston TX 77002Telephone: (713) 226-6000Facsimile: (713) 226-6248Email: jhiggins@porterhedges.comewade@porterhedges.comsjohnson@porterhedges.comIV. OTHER PARTIES THAT MAY HAVE AN INTEREST IN THIS APPEALThe following chart lists certain parties that are not parties to this appeal, but that may havean interest in the outcome of the case. These parties should be served with notice of this appealby the Debtors who are aware of their identities and best positioned to provide notice.All Other Creditors of the Debtors, Including, But Not Limited To:• Certain funds and accounts managed by BlackRock Investment Management (UK)Limited or its affiliates;• Capital Four;• Davidson Kempner European Partners, LLP;• Intermediate Capital Managers Limited;• Mandatum Asset Management Ltd;• H.I.G. Capital, LLC;• Spiltan Hograntefond; Spiltan Rantefond Sverige; and Spiltan Aktiefond Stabil;• The RCF SteerCo Group;• Swedbank AB (publ).Any Holder of Stock of the Debtors• Any holder of stock of the Debtors, including their successors and assigns.Case 24-90575 Document 296 Filed in TXSB on 01/13/25 Page 4 of 65Respectfully submitted this 13th day of January, 2025.QUINN EMANUEL URQUHART &SULLIVAN, LLP/s/ Christopher D. PorterChristopher D. Porter (SBN 24070437)Joanna D. Caytas (SBN 24127230)Melanie A. Guzman (SBN 24117175)Cameron M. Kelly (SBN 24120936)700 Louisiana Street, Suite 3900Houston, TX 77002Telephone: (713) 221-7000Facsimile: (713) 221-7100Email: chrisporter@quinnemanuel.comjoannacaytas@quinnemanuel.commelanieguzman@quinnemanuel.comcameronkelly@quinnemanuel.com-and-Benjamin I. Finestone (admitted pro hac vice)Sascha N. Rand (admitted pro hac vice)Katherine A. Scherling (admitted pro hac vice)295 5th AvenueNew York, New York 10016Telephone: (212) 849-7000Facsimile: (212) 849-7100Email: benjaminfinestone@quinnemanuel.comsascharand@quinnemanuel.comkatescherling@quinnemanuel.comCOUNSEL FOR THE AD HOC COMMITTEE OFINTRUM AB 2025 NOTEHOLDERSCase 24-90575 Document 296 Filed in TXSB on 01/13/25 Page 5 of 6CERTIFICATE OF SERVICEI, Christopher D. Porter, hereby certify that on the 13th day of January, 2025, a copy ofthe foregoing document has been served via the Electronic Case Filing System for the UnitedStates Bankruptcy Court for the Southern District of Texas./s/ Christopher D. PorterBy: Christopher D. PorterCase 24-90575 Document 296 Filed in TXSB on 01/13/25 Page 6 of 6EXHIBIT ACase 24-90575 Document 296-1 Filed in TXSB on 01/13/25 Page 1 of 31IN THE UNITED STATES BANKRUPTCY COURTFOR THE SOUTHERN DISTRICT OF TEXASHOUSTON DIVISION)In re: ) Chapter 11)Intrum AB, et al.,1 ) Case No. 24-90575 (CML)))Jointly AdministeredDebtors. ))ORDER DENYING MOTION OF THE AD HOCCOMMITTEE OF HOLDERS OF INTRUM AB NOTES DUE 2025TO DISMISS CHAPTER 11 CASES PURSUANT TO 11 U.S.C. § 1112(B) ANDFEDERAL RULE OF BANKRUPTCY PROCEDURE 1017(F)(1)(Related to Docket No. 27)This matter, having come before the Court upon the Motion of the Ad Hoc Committee ofHolders of Intrum AB Notes Due 2025 to Dismiss Chapter 11 Cases Pursuant to 11 U.S.C. §1112(b) and Federal Rule of Bankruptcy Procedure 1017(f)(1) [Docket No. 27] (the “Motion toDismiss”); and this Court having considered the Debtors' Objection to the Motion of the Ad HocCommittee of Holders of Intrum AB Notes Due 2025 to Dismiss Chapter 11 Cases Pursuant to 11U.S.C. § 1112(b) and Federal Rule of Bankruptcy Procedure 1017(f)(1) (the “Objection”) andany other responses or objections to the Motion to Dismiss; and this Court having jurisdiction overthis matter pursuant to 28 U.S.C. § 1334 and the Amended Standing Order; and this Court havingfound that this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2); and this Court having foundthat it may enter a final order consistent with Article III of the United States Constitution; and thisCourt having found that the relief requested in the Objection is in the best interests of the Debtors'1 The Debtors in these Chapter 11 Cases are Intrum AB and Intrum AB of Texas LLC. The Debtors' serviceaddress in these Chapter 11 Cases is 801 Travis Street, STE 2101, #1312, Houston, TX 77002.United States Bankruptcy CourtSouthern District of TexasENTEREDDecember 31, 2024Nathan Ochsner, ClerkCCaassee 2 244-9-900557755 D Dooccuummeennt t2 29662-1 F Filieledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 1 2 o of f2 32estates; and this Court having found that the Debtors' notice of the Objection and opportunity fora hearing on the Motion to Dismiss and Objection were appropriate and no other notice need beprovided; and this Court having reviewed the Motion to Dismiss and Objection and havingheard the statements in support of the relief requested therein at a hearing before this Court; andthis Court having determined that the legal and factual bases set forth in the Objectionestablish just cause for the relief granted herein; and upon all of the proceedings had beforethis Court; and after due deliberation and sufficient cause appearing therefor, it is HEREBYORDERED THAT:1. The Motion to Dismiss is Denied for the reasons stated at the December 31, 2024 hearing.2. This Court retains exclusive jurisdiction and exclusive venue with respect to allmatters arising from or related to the implementation, interpretation, and enforcement of this Order.DAeucegmubste 0r 23,1 2, 0210294CCaassee 2 244-9-900557755 D Dooccuummeennt t2 29662-1 F Filieledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 2 3 o of f2 3EXHIBIT BCase 24-90575 Document 296-2 Filed in TXSB on 01/13/25 Page 1 of 135IN THE UNITED STATES BANKRUPTCY COURTFOR THE SOUTHERN DISTRICT OF TEXASHOUSTON DIVISION)In re: ) Chapter 11)Intrum AB et al.,1 ) Case No. 24-90575 (CML)))(Jointly Administered)Debtors. ))ORDER (I) APPROVINGDISCLOSURE STATEMENT AND(II) CONFIRMING JOINT PREPACKAGED CHAPTER 11PLAN OF INTRUM AB AND ITS AFFILIATEDDEBTOR (FURTHER TECHNICAL MODIFICATIONS)The above-captioned debtors and debtors in possession (collectively, the“Debtors”), having:a. entered into that certain Lock-Up Agreement, dated as of July 10, 2024 (asamended and restated on August 15, 2024, and as further modified,supplemented, or otherwise amended from time to time in accordance with itsterms, the “the Lock-Up Agreement”) and that certain Backstop Agreement,dated as of July 10, 2024, (as amended and restated on November 15, 2024 andas further modified, supplemented, or otherwise amended from time to time inaccordance with its terms), setting out the terms of the backstop commitmentsprovided by the Backstop Providers to backstop the entirety of the issuance ofNew Money Notes (as may be further amended, restated, amended and restated,modified or supplemented from time to time in accordance with the termsthereof, the “Backstop Agreement”) which set forth the terms of a consensualfinancial restructuring of the Debtors;b. commenced, on October 17, 2024, a prepetition solicitation (the “Solicitation”)of votes on the Joint Prepackaged Chapter 11 Plan of Reorganization of IntrumAB and its Debtor Affiliate Pursuant to Chapter 11 of the Bankruptcy Code (asthe same may be further amended, modified and supplemented from time totime, the “Plan”), by causing the transmittal, through their solicitation andballoting agent, Kroll Restructuring Administration LLC (“Kroll”), to theholders of Claims entitled to vote on the Plan of, among other things: (i) the1 The Debtors in these chapter 11 cases are Intrum AB and Intrum AB of Texas LLC. The Debtors' serviceaddress in these chapter 11 cases is 801 Travis Street, STE 2102, #1312, Houston, TX 77002.United States Bankruptcy CourtSouthern District of TexasENTEREDDecember 31, 2024Nathan Ochsner, ClerkCCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Filieledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 1 2 o of f1 133452Plan, (ii) the Disclosure Statement for Joint Prepackaged Chapter 11 Plan ofReorganization of Intrum AB and its Debtor Affiliate (as the same may befurther amended, modified and supplemented from time to time, the“Disclosure Statement”), and (iii) the Ballots and Master Ballot to vote on thePlan (the “Ballots”), (iv) the Affidavit of Service of Solicitation Materials[Docket No. 7];c. commenced on November 15, 2024 (the “Petition Date”), these chapter 11 cases(these “Chapter 11 Cases”) by filing voluntary petitions in the United StatesBankruptcy Court for the Southern District of Texas (the “Bankruptcy Court”or the “Court”) for relief under chapter 11 of title 11 of the United States Code(the “Bankruptcy Code”);d. Filed on November 15, 2024, the Affidavit of Service of Solicitation Materials[Docket No. 7] (the “Solicitation Affidavit”);e. Filed, on November 16, 2024 the Joint Prepackaged Chapter 11 Plan ofReorganization of Intrum AB and its Debtor Affiliate Pursuant to Chapter 11of the Bankruptcy Code (Technical Modifications) [Docket No. 16] and theDisclosure Statement for Joint Prepackaged Chapter 11 Plan of Intrum AB andits Debtor Affiliate [Docket No. 17];f. Filed on November 16, 2024, the Declaration of Andrés Rubio in Support of ofthe Debtors' Chapter 11 Petitions and First Day Motions [Docket No. 14] (the“First Day Declaration”);g. Filed on November 17, 2024, the Declaration of Alex Orchowski of KrollRestructuring Administration LLC Regarding the Solicitation of Votes andTabulation of Ballots Case on the Joint Prepackaged Chapter 11 Plan ofReorganization of Intrum AB and its Debtor Affiliate Pursuant to Chapter 11of the Bankruptcy Code [Docket No. 18] (the “Voting Declaration,” andtogether with the Plan, the Disclosure Statement, the Ballots, and theSolicitation Affidavit, the “Solicitation Materials”);h. obtained, on November 19, 2024, the Order(I) Scheduling a Combined Hearingon (A) Adequacy of the Disclosure Statement and (B) Confirmation of the Plan,(II) Approving Solicitation Procedures and Form and Manner of Notice ofCommencement, Combined Hearing, and Objection Deadline, (III) FixingDeadline to Object to Disclosure Statement and Plan, (IV) Conditionally (A)Directing the United States Trustee Not to Convene Section 341 Meeting ofCreditors and (B) Waiving Requirement to File Statements of Financial Affairsand Schedules of Assets and Liabilities, and (V) Granting Related Relief[Docket No. 71] (the “Scheduling Order”), which, among other things: (i)approved the prepetition solicitation and voting procedures, including theConfirmation Schedule (as defined therein); (ii) conditionally approved theDisclosure Statement and its use in the Solicitation; and (iii) scheduled theCombined Hearing on December 16, 2024, at 1:00 p.m. (prevailing CentralCCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Filieledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 2 3 o of f1 133453Time) to consider the final approval of the Disclosure Statement and theconfirmation of the Plan (the “Combined Hearing”);i. served, through Kroll, on November 20, 2025, on all known holders of Claimsand Interests, the U.S. Trustee and certain other parties in interest, the Noticeof: (I) Commencement of Chapter 11 Bankruptcy Cases; (II) Hearing on theDisclosure Statement and Confirmation of the Plan, and (III) Certain ObjectionDeadlines (the “Combined Hearing Notice”) as evidence by the Affidavit ofService [Docket No. 160];j. caused, on November 25 and 27, 2024, the Combined Hearing Notice to bepublished in the New York Times (national and international editions) and theFinancial Times (international edition), as evidenced by the Certificate ofPublication [Docket No. 148];k. Filed and served, on December 10, 2024, the Plan Supplement for the Debtors'Joint Prepackaged Chapter 11 Plan of Reorganization [Docket 165];l. Filed on December 10, 2024, the Declaration of Jeffrey Kopa in Support ofConfirmation of the Joint Prepackaged Plan of Reorganization of Intrum ABand its Debtor Affiliate Pursuant to Chapter 11 of the Bankruptcy Code [DocketNo. 155];m. Filed on December 14, 2024, the:i. Debtors' Memorandum of Law in Support of an Order: (I) Approving, on aFinal Basis, Adequacy of the Disclosure Statement; (II) Confirming theJoint Prepackaged Plan of Reorganization; and (III) Granting Related Relief[Docket No. 190] (the “Confirmation Brief”);ii. Declaration of Andrés Rubio in Support of Confirmation of the JointPrepackaged Plan of Reorganization of Intrum AB and its Debtor Affiliate.[Docket No. 189] (the “Confirmation Declaration”); andiii. Joint Prepackaged Chapter 11 Plan of Reorganization of Intrum AB and itsDebtor Affiliate Pursuant to Chapter 11 of the Bankruptcy Code (FurtherTechnical Modifications) [Docket No. 191];n. Filed on December 18, 2024, the Joint Prepackaged Chapter 11 Plan ofReorganization of Intrum AB and its Debtor Affiliate Pursuant to Chapter 11of the Bankruptcy Code (Further Technical Modifications) [Docket No. 223];CCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Filieledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 3 4 o of f1 133454WHEREAS, the Court having, among other things:a. set December 12, 2024, at 4:00 p.m. (prevailing Central Time) as the deadlinefor Filing objection to the adequacy of the Disclosure Statement and/orConfirmation2 of the Plan (the “Objection Deadline”);b. held, on December 16, 2024 at 1:00 p.m. (prevailing Central Time) [andcontinuing through December 17, 2024], the Combined Hearing;c. heard the statements, arguments, and any objections made at the CombinedHearing;d. reviewed the Disclosure Statement, the Plan, the Ballots, the Plan Supplement,the Confirmation Brief, the Confirmation Declaration, the SolicitationAffidavit, and the Voting Declaration;e. overruled (i) any and all objections to approval of the Disclosure Statement, thePlan, and Confirmation, except as otherwise stated or indicated on the record,and (ii) all statements and reservations of rights not consensually resolved orwithdrawn, unless otherwise indicated; andf. reviewed and taken judicial notice of all the papers and pleadings Filed(including any objections, statement, joinders, reservations of rights and otherresponses), all orders entered, and all evidence proffered or adduced and allarguments made at the hearings held before the Court during the pendency ofthese cases;NOW, THEREFORE, it appearing to the Bankruptcy Court that notice of theCombined Hearing and the opportunity for any party in interest to object to the DisclosureStatement and the Plan having been adequate and appropriate as to all parties affected or to beaffected by the Plan and the transactions contemplated thereby, and the legal and factual bases setforth in the documents Filed in support of approval of the Disclosure Statement and Confirmationand other evidence presented at the Combined Hearing establish just cause for the relief grantedherein; and after due deliberation thereon and good cause appearing therefor, the BankruptcyCourt makes and issues the following findings of fact and conclusions of law, and orders for thereasons stated on the record at the December 31, 2024 ruling on plan confirmation;2 Capitalized terms used but not otherwise defined herein have meanings given to them in the Plan and/or theDisclosure Statement. The rules of interpretation set forth in Article I.B of the Plan apply to this CombinedOrder.CCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Filieledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 4 5 o of f1 133455I. FINDINGS OF FACT AND CONCLUSIONS OF LAWIT IS HEREBY FOUND AND DETERMINED THAT:A. Findings of Fact and Conclusions of Law.1. The findings and conclusions set forth herein and in the record of theCombined Hearing constitute the Bankruptcy Court's findings of fact and conclusions of law underRule 52 of the Federal Rules of Civil Procedure, as made applicable herein by Bankruptcy Rules7052 and 9014. To the extent any of the following conclusions of law constitute findings of fact,or vice versa, they are adopted as such.B. Jurisdiction, Venue, Core Proceeding.2. This Court has jurisdiction over these Chapter 11 Cases pursuant to28 U.S.C. § 1334. Venue of these proceedings and the Chapter 11 Cases in this district is properpursuant to 28 U.S.C. §§ 1408 and 1409. This is a core proceeding pursuant to 28 U.S.C.§ 157(b)(2) and this Court may enter a final order hereon under Article III of the United StatesConstitution.C. Eligibility for Relief.3. The Debtors were and continue to be entities eligible for relief under section109 of the Bankruptcy Code and the Debtors were and continue to be proper proponents of thePlan under section 1121(a) of the Bankruptcy Code.D. Commencement and Joint Administration of the Chapter 11 Cases.4. On the Petition Date, the Debtors commenced the Chapter 11 Cases. OnNovember 18, 2024, the Court entered an order [Docket No. 51] authorizing the jointadministration of the Chapter 11 Case in accordance with Bankruptcy Rule 1015(b). The Debtorshave operated their businesses and managed their properties as debtors in possession pursuant toCCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Filieledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 5 6 o of f1 133456sections 1107(a) and 1108 of the Bankruptcy Code. No trustee, examiner, or statutory committeehas been appointed in these Chapter 11 Cases.E. Adequacy of the Disclosure Statement.5. The Disclosure Statement and the exhibits contained therein (i) containssufficient information of a kind necessary to satisfy the disclosure requirements of applicablenonbankruptcy laws, rules and regulations, including the Securities Act; and (ii) contains“adequate information” as such term is defined in section 1125(a)(1) and used in section1126(b)(2) of the Bankruptcy Code, with respect to the Debtors, the Plan and the transactionscontemplated therein. The Filing of the Disclosure Statement satisfied Bankruptcy Rule 3016(b).The injunction, release, and exculpation provisions in the Plan and the Disclosure Statementdescribe, in bold font and with specific and conspicuous language, all acts to be enjoined andidentify the Entities that will be subject to the injunction, thereby satisfying Bankruptcy Rule3016(c).F. Solicitation.6. As described in and evidenced by the Voting Declaration, the Solicitationand the transmittal and service of the Solicitation Materials were: (i) timely, adequate, appropriate,and sufficient under the circumstances; and (ii) in compliance with sections 1125(g) and 1126(b)of the Bankruptcy Code, Bankruptcy Rules 3017 and 3018, the applicable Local Bankruptcy Rules,the Scheduling Order and all applicable nonbankruptcy rules, laws, and regulations applicable tothe Solicitation, including the registration requirements under the Securities Act. The SolicitationMaterials, including the Ballots and the Opt Out Form (as defined below), adequately informedthe holders of Claims entitled to vote on the Plan of the procedures and deadline for completingand submitting the Ballots.CCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Filieledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 6 7 o of f1 1334577. The Debtors served the Combined Hearing Notice on the entire creditormatrix and served the Opt Out Form on all Non-Voting Classes. The Combined Hearing Noticeadequately informed Holders of Claims or Interests of critical information regarding voting on (ifapplicable) and objecting to the Plan, including deadlines and the inclusion of release, exculpation,and injunction provisions in the Plan, and adequately summarized the terms of the Third-PartyRelease. Further, because the form enabling stakeholders to opt out of the Third-Party Release (the“Opt Out Form”) was included in both the Ballots and the Opt Out Form, every known stakeholder,including unimpaired creditors was provided with the means by which the stakeholders could optout of the Third-Party Release. No further notice is required. The period for voting on the Planprovided a reasonable and sufficient period of time and the manner of such solicitation was anappropriate process allowing for such holders to make an informed decision.G. Tabulation.8. As described in and evidenced by the Voting Declaration, (i) the holders ofClaims in Class 3 (RCF Claims) and Class 5 (Notes Claims) are Impaired under the Plan(collectively, the “Voting Classes”) and have voted to accept the Plan in the numbers and amountsrequired by section 1126 of the Bankruptcy Code, and (ii) no Class that was entitled to vote on thePlan voted to reject the Plan. All procedures used to tabulate the votes on the Plan were in goodfaith, fair, reasonable, and conducted in accordance with the applicable provisions of theBankruptcy Code, the Bankruptcy Rules, the Local Rules, the Disclosure Statement, theScheduling Order, and all other applicable nonbankruptcy laws, rules, and regulations.H. Plan Supplement.9. On December 10, 2024, the Debtors Filed the Plan Supplement with theCourt. The Plan Supplement (including as subsequently modified, supplemented, or otherwiseCCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Filieledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 7 8 o of f1 133458amended pursuant to a filing with the Court), complies with the terms of the Plan, and the Debtorsprovided good and proper notice of the filing in accordance with the Bankruptcy Code, theBankruptcy Rules, the Scheduling Order, and the facts and circumstances of the Chapter 11 Cases.All documents included in the Plan Supplement are integral to, part of, and incorporated byreference into the Plan. No other or further notice is or will be required with respect to the PlanSupplement. Subject to the terms of the Plan and the Lock-Up Agreement, and only consistenttherewith, the Debtors reserve the right to alter, amend, update, or modify the Plan Supplementand any of the documents contained therein or related thereto, in accordance with the Plan, on orbefore the Effective Date.I. Modifications to the Plan.10. Pursuant to section 1127 of the Bankruptcy Code, the modifications to thePlan described or set forth in this Combined Order constitute technical or clarifying changes,changes with respect to particular Claims by agreement with holders of such Claims, ormodifications that do not otherwise materially and adversely affect or change the treatment of anyother Claim or Interest under the Plan. These modifications are consistent with the disclosurespreviously made pursuant to the Disclosure Statement and Solicitation Materials, and notice ofthese modifications was adequate and appropriate under the facts and circumstances of the Chapter11 Cases. In accordance with Bankruptcy Rule 3019, these modifications do not require additionaldisclosure under section 1125 of the Bankruptcy Code or the resolicitation of votes under section1126 of the Bankruptcy Code, and they do not require that holders of Claims or Interests beafforded an opportunity to change previously cast acceptances or rejections of the Plan.Accordingly, the Plan is properly before this Court and all votes cast with respect to the Plan priorto such modification shall be binding and shall apply with respect to the Plan.CCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Filieledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 8 9 o of f1 133459J. Objections Overruled.11. Any resolution or disposition of objections to Confirmation explained orotherwise ruled upon by the Court on the record at the Confirmation Hearing is herebyincorporated by reference. All unresolved objections, statements, joinders, informal objections,and reservations of rights are hereby overruled on the merits.K. Burden of Proof.12. The Debtors, as proponents of the Plan, have met their burden of provingthe elements of sections 1129(a) and 1129(b) of the Bankruptcy Code by a preponderance of theevidence, the applicable evidentiary standard for Confirmation. Further, the Debtors have proventhe elements of sections 1129(a) and 1129(b) by clear and convincing evidence. Each witness whotestified on behalf of the Debtors in connection with the Confirmation Hearing was credible,reliable, and qualified to testify as to the topics addressed in his testimony.L. Compliance with the Requirements of Section 1129 of the BankruptcyCode.13. The Plan complies with all applicable provisions of section 1129 of theBankruptcy Code as follows:a. Section 1129(a)(1) – Compliance of the Plan with Applicable Provisions of theBankruptcy Code.14. The Plan complies with all applicable provisions of the Bankruptcy Code,including sections 1122 and 1123, as required by section 1129(a)(1) of the Bankruptcy Code.i. Section 1122 and 1123(a)(1) – Proper Classification.15. The classification of Claims and Interests under the Plan is proper under theBankruptcy Code. In accordance with sections 1122(a) and 1123(a)(1) of the Bankruptcy Code,Article III of the Plan provides for the separate classification of Claims and Interests at each Debtorinto Classes, based on differences in the legal nature or priority of such Claims and Interests (otherCaCsaes e2 42-49-09507557 5 D oDcoucmumenetn 2t 9266-32 FFiilleedd iinn TTXXSSBB oonn 1021//3113//2245 PPaaggee 91 0o fo 1f 3143510than Administrative Claims, Professional Fee Claims, and Priority Tax Claims, which areaddressed in Article II of the Plan and Unimpaired, and are not required to be designated asseparate Classes in accordance with section 1123(a)(1) of the Bankruptcy Code). Valid business,factual, and legal reasons exist for the separate classification of the various Classes of Claims andInterests created under the Plan, the classifications were not implemented for any improperpurpose, and the creation of such Classes does not unfairly discriminate between or among holdersof Claims or Interests.16. In accordance with section 1122(a) of the Bankruptcy Code, each Class ofClaims or Interests contains only Claims or Interests substantially similar to the other Claims orInterests within that Class. Accordingly, the Plan satisfies the requirements of sections 1122(a),1122(b), and 1123(a)(1) of the Bankruptcy Codeii. Section 1123(a)(2) – Specifications of Unimpaired Classes.17. Article III of the Plan specifies that Claims and Interests in the classesdeemed to accept the Plan are Unimpaired under the Plan. Holders of Intercompany Claims andIntercompany Interests are either Unimpaired and conclusively presumed to have accepted thePlan, or are Impaired and deemed to reject (the “Deemed Rejecting Classes”) the Plan, and, ineither event, are not entitled to vote to accept or reject the Plan. In addition, Article II of the Planspecifies that Administrative Claims and Priority Tax Claims are Unimpaired, although the Plandoes not classify these Claims. Accordingly, the Plan satisfies the requirements of section1123(a)(2) of the Bankruptcy Code.CCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 1 101 o of f1 1334511iii. Section 1123(a)(3) – Specification of Treatment of Voting Classes18. Article III.B of the Plan specifies the treatment of each Voting Class underthe Plan – namely, Class 3 and Class 5. Accordingly, the Plan satisfies the requirements of section1123(a)(3) of the Bankruptcy Code.iv. Section 1123(a)(4) – No Discrimination.19. Article III of the Plan provides the same treatment to each Claim or Interestin any particular Class, as the case may be, unless the holder of a particular Claim or Interest hasagreed to a less favorable treatment with respect to such Claim or Interest. Accordingly, the Plansatisfies the requirements of section 1123(a)(4) of the Bankruptcy Code.v. Section 1123(a)(5) – Adequate Means for Plan Implementation.20. The Plan and the various documents included in the Plan Supplementprovide adequate and proper means for the Plan's execution and implementation, including: (a)the general settlement of Claims and Interests; (b) the restructuring of the Debtors' balance sheetand other financial transactions provided for by the Plan; (c) the consummation of the transactionscontemplated by the Plan, the Lock-Up Agreement, the Restructuring Implementation Deed andthe Agreed Steps Plan and other documents Filed as part of the Plan Supplement; (d) the issuanceof Exchange Notes, the New Money Notes, and the Noteholder Ordinary Shares pursuant to thePlan; (e) the amendment of the Intercreditor Agreement; (f) the amendment of the FacilityAgreement; (g) the amendment of the Senior Secured Term Loan Agreement; (h) theconsummation of the Rights Offering in accordance with the Plan, Rights Offering Documentsand the Lock-Up Agreement; (i) the granting of all Liens and security interests granted orconfirmed (as applicable) pursuant to, or in connection with, the Facility Agreement, the ExchangeNotes Indenture, the New Money Notes Indenture, the amended Intercreditor Agreement and theCCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 1 112 o of f1 1334512Senior Secured Term Loan Agreement pursuant to the New Security Documents (including anyLiens and security interests granted or confirmed (as applicable) on the Reorganized Debtors'assets); (j) the vesting of the assets of the Debtors' Estates in the Reorganized Debtors; (k) theconsummation of the corporate reorganization contemplated by the Plan, the Lock-Up Agreement,the Agreed Steps Plan and the Master Reorganization Agreement (as defined in the RestructuringImplementation Deed); and (l) the execution, delivery, filing, or recording of all contracts,instruments, releases, and other agreements or documents in furtherance of the Plan. Accordingly,the Plan satisfies the requirements of section 1123(a)(5) of the Bankruptcy Codevi. Section 1123(a)(6) – Non-Voting Equity Securities.21. The Company's organizational documents in accordance with the SwedishCompanies Act, Ch. 4, Sec 5 and the Plan prohibit the issuance of non-voting securities as of theEffective Date to the extent required to comply with section 1123(a)(6) of the Bankruptcy Code.Accordingly, the Plan satisfies the requirements of section 1123(a)(6) of the Bankruptcy Code.vii. Section 1123(a)(7) – Directors, Officers, and Trustees.22. The manner of selection of any officer, director, or trustee (or any successorto and such officer, director, or trustee) of the Reorganized Debtors will be determined inaccordance with the existing organizational documents, which is consistent with the interests ofcreditors and equity holders and with public policy. Accordingly, the Plan satisfies therequirements of section 1123(a)(7) of the Bankruptcy Code.b. Section 1123(b) – Discretionary Contents of the Plan23. The Plan contains various provisions that may be construed as discretionarybut not necessary for Confirmation under the Bankruptcy Code. Any such discretionary provisionCCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 1 123 o of f1 1334513complies with section 1123(b) of the Bankruptcy Code and is not inconsistent with the applicableprovisions of the Bankruptcy Code. Thus, the Plan satisfies section 1123(b).i. Section 1123(b)(1) – Impairment/Unimpairment of Any Class of Claims orInterests24. Article III of the Plan impairs or leaves unimpaired, as the case may be,each Class of Claims or Interests, as contemplated by section 1123(b)(1) of the Bankruptcy Code.ii. Section 1123(b)(2) – Assumption and Rejection of Executory Contracts andUnexpired Leases25. Article V of the Plan provides for the assumption of the Debtors' ExecutoryContracts and Unexpired Leases as of the Effective Date unless such Executory Contract orUnexpired Lease: (a) is identified on the Rejected Executory Contract and Unexpired Lease List;(b) has been previously rejected by a Final Order; (c) is the subject of a motion to reject ExecutoryContracts or Unexpired Leases that is pending on the Confirmation Date; or (4) is subject to amotion to reject an Executory Contract or Unexpired Lease pursuant to which the requestedeffective date of such rejection is after the Effective Date. Thus, the Plan satisfies section1123(b)(2).iii. Compromise and Settlement26. In accordance with section 1123(b)(3)(A) of the Bankruptcy Code andBankruptcy Rule 9019, and in consideration for the distributions and other benefits provided underthe Plan, the provisions of the Plan constitute a good-faith compromise of all Claims, Interests,and controversies relating to the contractual, legal, and subordination rights that all holders ofClaims or Interests may have with respect to any Allowed Claim or Interest or any distribution tobe made on account of such Allowed Claim or Interest. Such compromise and settlement is theproduct of extensive arm's-length, good faith negotiations that, in addition to the Plan, resulted inCCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 1 134 o of f1 1334514the execution of the Lock-Up Agreement, which represents a fair and reasonable compromise ofall Claims, Interests, and controversies and entry into which represented a sound exercise of theDebtors' business judgment. Such compromise and settlement is fair, equitable, and reasonableand in the best interests of the Debtors and their Estates.27. The releases of the Debtors' directors and officers are an integral componentof the settlements and compromises embodied in the Plan. The Debtors' directors and officers: (a)made a substantial and valuable contribution to the Debtors' restructuring, including extensive preandpost-Petition Date negotiations with stakeholder groups, and ensured the uninterruptedoperation of the Debtors' businesses during the Chapter 11 Cases; (b) invested significant timeand effort to make the restructuring a success and maximize the value of the Debtors' businessesin a challenging operating environment; (c) attended and, in certain instances, testified atdepositions and Court hearings; (d) attended and participated in numerous stakeholder meetings,management meetings, and board meetings related to the restructuring; (e) are entitled toindemnification from the Debtors under applicable non-bankruptcy law, organizationaldocuments, and agreements; (f) invested significant time and effort in the preparation of the Lock-Up Agreement, the Plan, Disclosure Statement, all supporting analyses, and the numerous otherpleadings Filed in the Chapter 11 Cases, thereby ensuring the smooth administration of the Chapter11 Cases; and (g) are entitled to all other benefits under any employment contracts existing as ofthe Petition Date. Litigation by the Debtors or other Releasing Parties against the Debtors'directors and officers would be a distraction to the Debtors' business and restructuring and woulddecrease rather than increase the value of the estates. The releases of the Debtors' directors andofficers contained in the Plan have the consent of the Debtors and the Releasing Parties and are inthe best interests of the estates.CCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 1 145 o of f1 1334515iv. Debtor Release28. The releases of claims and Causes of Action by the Debtors, ReorganizedDebtors, and their Estates described in Article VIII.C of the Plan in accordance with section1123(b) of the Bankruptcy Code (the “Debtor Release”) represent a valid exercise of the Debtors'business judgment under Bankruptcy Rule 9019. The Debtors' or the Reorganized Debtors' pursuitof any such claims against the Released Parties is not in the best interests of the Estates' variousconstituencies because the costs involved would outweigh any potential benefit from pursuingsuch claims. The Debtor Release is fair and equitable and complies with the absolute priority rule.29. The Debtor Release is (a) an integral part of the Plan, and a component ofthe comprehensive settlement implemented under the Plan; (b) in exchange for the good andvaluable consideration provided by the Released Parties; (c) a good faith settlement andcompromise of the claims and Causes of Action released by the Debtor Release; (d) materiallybeneficial to, and in the best interests of, the Debtors, their Estates, and their stakeholders, and isimportant to the overall objectives of the Plan to finally resolve certain Claims among or againstcertain parties in interest in the Chapter 11 Cases; (e) fair, equitable, and reasonable; (f) given andmade after due notice and opportunity for hearing; and (g) a bar to any Debtor asserting any claimor Cause of Action released by the Debtor Release against any of the Released Parties. Theprobability of success in litigation with respect to the released claims and Causes of Action, whenweighed against the costs, supports the Debtor Release. With respect to each of these potentialCauses of Action, the parties could assert colorable defenses and the probability of success isuncertain. The Debtors' or the Reorganized Debtors' pursuit of any such claims or Causes ofAction against the Released Parties is not in the best interests of the Estates or the Debtors' variousCCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 1 156 o of f1 1334516constituencies because the costs involved would likely outweigh any potential benefit frompursuing such claims or Causes of Action30. Holders of Claims and Interests entitled to vote have overwhelmingly votedin favor of the Plan, including the Debtor Release. The Plan, including the Debtor Release, wasnegotiated before and after the Petition Date by sophisticated parties represented by able counseland advisors, including the Consenting Creditors. The Debtor Release is therefore the result of ahard fought and arm's-length negotiation process conducted in good faith.31. The Debtor Release appropriately offers protection to parties thatparticipated in the Debtors' restructuring process, including the Consenting Creditors, whoseparticipation in the Chapter 11 Cases is critical to the Debtors' successful emergence frombankruptcy. Specifically, the Released Parties, including the Consenting Creditors, madesignificant concessions and contributions to the Chapter 11 Cases, including, entering into theLock-Up Agreement and related agreements, supporting the Plan and the Chapter 11 Cases, andwaiving or agreeing to impair substantial rights and Claims against the Debtors under the Plan (aspart of the compromises composing the settlement underlying the revised Plan) in order tofacilitate a consensual reorganization and the Debtors' emergence from chapter 11. The DebtorRelease for the Debtors' directors and officers is appropriate because the Debtors' directors andofficers share an identity of interest with the Debtors and, as previously stated, supported and madesubstantial contributions to the success of the Plan, the Chapter 11 Cases, and operation of theDebtors' business during the Chapter 11 Cases, actively participated in meetings, negotiations, andimplementation during the Chapter 11 Cases, and have provided other valuable consideration tothe Debtors to facilitate the Debtors' successful reorganization and continued operation.CCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 1 167 o of f1 133451732. The scope of the Debtor Release is appropriately tailored under the factsand circumstances of the Chapter 11 Cases. In light of, among other things, the value provided bythe Released Parties to the Debtors' Estates and the critical nature of the Debtor Release to thePlan, the Debtor Release is appropriate.v. Release by Holders of Claims and Interests33. The release by the Releasing Parties (the “Third-Party Release”), set forthin Article VIII.D of the Plan, is an essential provision of the Plan. The Third-Party Release is: (a)consensual as to those Releasing Parties that did not specifically and timely object or properly optout from the Third-Party Release; (b) within the jurisdiction of the Bankruptcy Court pursuant to28 U.S.C. § 1334; (c) in exchange for the good and valuable consideration provided by theReleased Parties; (d) a good faith settlement and compromise of the claims and Causes of Actionreleased by the Third-Party Release; (e) materially beneficial to, and in the best interests of, theDebtors, their Estates, and their stakeholders, and is important to the overall objectives of the Planto finally resolve certain Claims among or against certain parties in interest in the Chapter 11Cases; (f) fair, equitable, and reasonable; (g) given and made after due notice and opportunity forhearing; (h) appropriately narrow in scope given that it expressly excludes, among other things,any Cause of Action that is judicially determined by a Final Order to have constituted actual fraud,willful misconduct, or gross negligence; (i) a bar to any of the Releasing Parties asserting anyclaim or Cause of Action released by the Third-Party Release against any of the Released Parties;and (j) consistent with sections 105, 524, 1123, 1129, and 1141 and other applicable provisions ofthe Bankruptcy Code.34. The Third-Party Release is an integral part of the agreement embodied inthe Plan among the relevant parties in interest. Like the Debtor Release, the Third-Party ReleaseCCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 1 178 o of f1 1334518facilitated participation in both the Debtors' Plan and the chapter 11 process generally. The Third-Party Release is instrumental to the Plan and was critical in incentivizing parties to support thePlan and preventing significant and time-consuming litigation regarding the parties' respectiverights and interests. The Third-Party Release was a core negotiation point in connection with thePlan and instrumental in developing the Plan that maximized value for all of the Debtors'stakeholders and kept the Debtors intact as a going concern. As such, the Third-Party Releaseappropriately offers certain protections to parties who constructively participated in the Debtors'restructuring process—including the Consenting Creditors (as set forth above)—by, among otherthings, facilitating the negotiation and consummation of the Plan, supporting the Plan and, in thecase of the Backstop Providers, committing to provide new capital to facilitate the Debtors'emergence from chapter 11. Specifically, the Notes Ad Hoc Group proposed and negotiated thepari passu transaction that is the basis of the restructuring proposed under the Plan and provideda much-needed deleveraging to the Debtors' business while taking a discount on their Claims (inexchange for other consideration).35. Furthermore, the Third-Party Release is consensual as to all parties ininterest, including all Releasing Parties, and such parties in interest were provided notice of thechapter 11 proceedings, the Plan, the deadline to object to confirmation of the Plan, and theCombined Hearing and were properly informed that all holders of Claims against or Interests inthe Debtors that did not file an objection with the Court in the Chapter 11 Cases that included anexpress objection to the inclusion of such holder as a Releasing Party under the provisionscontained in Article VIII of the Plan would be deemed to have expressly, unconditionally,generally, individually, and collectively consented to the release and discharge of all claims andCauses of Action against the Debtors and the Released Parties. Additionally, the release provisionsCCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 1 189 o of f1 1334519of the Plan were conspicuous, emphasized with boldface type in the Plan, the DisclosureStatement, the Ballots, and the applicable notices. Except as set forth in the Plan, all ReleasingParties were properly informed that unless they (a) checked the “opt out” box on the applicableBallot or opt-out form and returned the same in advance of the Voting Deadline, as applicable, or(b) timely Filed an objection to the releases contained in the Plan that was not resolved beforeentry of this Confirmation Order, they would be deemed to have expressly consented to the releaseof all Claims and Causes of Action against the Released Parties.36. The Ballots sent to all holders of Claims and Interests entitled to vote, aswell as the notice of the Combined Hearing sent to all known parties in interest (including thosenot entitled to vote on the Plan), unambiguously provided in bold letters that the Third-PartyRelease was contained in the Plan.37. The scope of the Third-Party Release is appropriately tailored under thefacts and circumstances of the Chapter 11 Cases, and parties in interest received due and adequatenotice of the Third-Party Release. Among other things, the Plan provides appropriate and specificdisclosure with respect to the claims and Causes of Action that are subject to the Third-PartyRelease, and no other disclosure is necessary. The Debtors, as evidenced by the VotingDeclaration and Certificate of Publication, including by providing actual notice to all knownparties in interest, including all known holders of Claims against, and Interests in, any Debtor andpublishing notice in international and national publications for the benefit of unknown parties ininterest, provided sufficient notice of the Third-Party Release, and no further or other notice isnecessary. The Third-Party Release is designed to provide finality for the Debtors, theReorganized Debtors and the Released Parties regarding the parties' respective obligations underthe Plan. For the avoidance of doubt, and notwithstanding anything to the contrary, anyparty who timely opted-out of the Third-Party Release is not bound by the Third-PartyRelease.CCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 1 290 o of f1 133452038. The Third-Party Release is specific in language, integral to the Plan, andgiven for substantial consideration. The Releasing Parties were given due and adequate notice ofthe Third-Party Release, and thus the Third-Party Release is consensual under controllingprecedent as to those Releasing Parties that did not specifically and timely object. In light of,among other things, the value provided by the Released Parties to the Debtors' Estates and theconsensual and critical nature of the Third-Party Release to the Plan, the Third-Party Release isappropriatevi. Exculpation.39. The exculpation described in Article VIII.E of the Plan (the “Exculpation”)is appropriate under applicable law, including In re Highland Capital Mgmt., L.P., 48 F. 4th 419(5th Cir. 2022), because it was supported by proper evidence, proposed in good faith, wasformulated following extensive good-faith, arm's-length negotiations with key constituents, and isappropriately limited in scope.40. No Entity or Person may commence or continue any action, employ anyprocess, or take any other act to pursue, collect, recover or offset any Claim, Interest, debt,obligation, or Cause of Action relating or reasonably likely to relate to any act or commission inconnection with, relating to, or arising out of a Covered Matter (including one that alleges theactual fraud, gross negligence, or willful misconduct of a Covered Entity), unless expresslyauthorized by the Bankruptcy Court after (1) it determines, after a notice and a hearing, such Claim,Interest, debt, obligation, or Cause of Action is colorable and (2) it specifically authorizes suchEntity or Person to bring such Claim or Cause of Action. The Bankruptcy Court shall have soleand exclusive jurisdiction to determine whether any such Claim, Interest, debt, obligation or Causeof Action is colorable and, only to the extent legally permissible and as provided for in Article XI,CCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 2 201 o of f1 1334521shall have jurisdiction to adjudicate such underlying colorable Claim, Interest, debt, obligation, orCause of Action.vii. Injunction.41. The injunction provisions set forth in Article VIII.F of the Plan are essentialto the Plan and are necessary to implement the Plan and to preserve and enforce the discharge,Debtor Release, the Third-Party Release, and the Exculpation provisions in Article VIII of thePlan. The injunction provisions are appropriately tailored to achieve those purposes.viii. Preservation of Claims and Causes of Action.42. Article IV.L of the Plan appropriately provides for the preservation by theDebtors of certain Causes of Action in accordance with section 1123(b) of the Bankruptcy Code.Causes of Action not released by the Debtors or exculpated under the Plan will be retained by theReorganized Debtors as provided by the Plan. The Plan is sufficiently specific with respect to theCauses of Action to be retained by the Debtors, and the Plan and Plan Supplement providemeaningful disclosure with respect to the potential Causes of Action that the Debtors may retain,and all parties in interest received adequate notice with respect to such retained Causes of Action.The provisions regarding Causes of Action in the Plan are appropriate and in the best interests ofthe Debtors, their respective Estates, and holders of Claims or Interests. For the avoidance of anydoubt, Causes of Action released or exculpated under the Plan will not be retained by theReorganized Debtors.c. Section 1123(d) – Cure of Defaults43. Article V.D of the Plan provides for the satisfaction of Cure Claimsassociated with each Executory Contract and Unexpired Lease to be assumed in accordance withsection 365(b)(1) of the Bankruptcy Code. Any monetary defaults under each assumed ExecutoryCCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 2 212 o of f1 1334522Contract or Unexpired Lease shall be satisfied, pursuant to section 365(b)(1) of the BankruptcyCode, by payment of the default amount in Cash on the Effective Date, subject to the limitationsdescribed in Article V.D of the Plan, or on such other terms as the parties to such ExecutoryContracts or Unexpired Leases may otherwise agree. Any Disputed Cure Amounts will bedetermined in accordance with the procedures set forth in Article V.D of the Plan, and applicablebankruptcy and nonbankruptcy law. As such, the Plan provides that the Debtors will Cure, orprovide adequate assurance that the Debtors will promptly Cure, defaults with respect to assumedExecutory Contracts and Unexpired Leases in accordance with section 365(b)(1) of theBankruptcy Code. Thus, the Plan complies with section 1123(d) of the Bankruptcy Code.d. Section 1129(a)(2) – Compliance of the Debtors and Others with the ApplicableProvisions of the Bankruptcy Code.44. The Debtors, as proponents of the Plan, have complied with all applicableprovisions of the Bankruptcy Code as required by section 1129(a)(2) of the Bankruptcy Code,including sections 1122, 1123, 1124, 1125, 1126, and 1128, and Bankruptcy Rules 3017, 3018,and 3019.e. Section 1129(a)(3) – Proposal of Plan in Good Faith.45. The Debtors have proposed the Plan in good faith, in accordance with theBankruptcy Code requirements, and not by any means forbidden by law. In determining that thePlan has been proposed in good faith, the Court has examined the totality of the circumstancesfiling of the Chapter 11 Cases, including the formation of Intrum AB of Texas LLC (“IntrumTexas”), the Plan itself, and the process leading to its formulation. The Debtors' good faith isevident from the facts and record of the Chapter 11 Cases, the Disclosure Statement, and the recordof the Combined Hearing and other proceedings held in the Chapter 11 CasesCCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 2 223 o of f1 133452346. The Plan (including the Plan Supplement and all other documents necessaryto effectuate the Plan) is the product of good faith, arm's-length negotiations by and among theDebtors, the Debtors' directors and officers and the Debtors' key stakeholders, including theConsenting Creditors and each of their respective professionals. The Plan itself and the processleading to its formulation provide independent evidence of the Debtors' and such other parties'good faith, serve the public interest, and assure fair treatment of holders of Claims or Interests.Consistent with the overriding purpose of chapter 11, the Debtors Filed the Chapter 11 Cases withthe belief that the Debtors were in need of reorganization and the Plan was negotiated and proposedwith the intention of accomplishing a successful reorganization and maximizing stakeholder value,and for no ulterior purpose. Accordingly, the requirements of section 1129(a)(3) of the BankruptcyCode are satisfied.f. Section 1129(a)(4) – Court Approval of Certain Payments as Reasonable.47. Any payment made or to be made by the Debtors, or by a person issuingsecurities or acquiring property under the Plan, for services or costs and expenses in connectionwith the Chapter 11 Cases, or in connection with the Plan and incident to the Chapter 11 Cases,has been approved by, or is subject to the approval of, the Court as reasonable. Accordingly, thePlan satisfies the requirements of section 1129(a)(4).g. Section 1129(a)(5)—Disclosure of Directors and Officers and Consistency with theInterests of Creditors and Public Policy.48. The identities of or process for appointment of the Reorganized Debtors'directors and officers proposed to serve after the Effective Date were disclosed in the PlanSupplement in advance of the Combined Hearing. Accordingly, the Debtors have satisfied therequirements of section 1129(a)(5) of the Bankruptcy Code.CCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 2 234 o of f1 1334524h. Section 1129(a)(6)—Rate Changes.49. The Plan does not contain any rate changes subject to the jurisdiction of anygovernmental regulatory commission and therefore will not require governmental regulatoryapproval. Therefore, section 1129(a)(6) of the Bankruptcy Code does not apply to the Plan.i. Section 1129(a)(7)—Best Interests of Holders of Claims and Interests.50. The liquidation analysis attached as Exhibit D to the Disclosure Statementand the other evidence in support of the Plan that was proffered or adduced at the CombinedHearing, and the facts and circumstances of the Chapter 11 Cases are (a) reasonable, persuasive,credible, and accurate as of the dates such analysis or evidence was prepared, presented orproffered; (b) utilize reasonable and appropriate methodologies and assumptions; (c) have not beencontroverted by other evidence; and (d) establish that each holder of Allowed Claims or Interestsin each Class will recover as much or more value under the Plan on account of such Claim orInterest, as of the Effective Date, than the amount such holder would receive if the Debtors wereliquidated on the Effective Date under chapter 7 of the Bankruptcy Code or has accepted the Plan.As a result, the Debtors have demonstrated that the Plan is in the best interests of their creditorsand equity holders and the requirements of section 1129(a)(7) of the Bankruptcy Code are satisfied.j. Section 1129(a)(8)—Conclusive Presumption of Acceptance by UnimpairedClasses; Acceptance of the Plan by Certain Voting Classes.51. The classes deemed to accept the Plan are Unimpaired under the Plan andare deemed to have accepted the Plan pursuant to section 1126(f) of the Bankruptcy Code. EachVoting Class voted to accept the Plan. For the avoidance of doubt, however, even if section1129(a)(8) has not been satisfied with respect to all of the Debtors, the Plan is confirmable becausethe Plan does not discriminate unfairly and is fair and equitable with respect to the Voting Classesand thus satisfies section 1129(b) of the Bankruptcy Code with respect to such Classes as describedCCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 2 245 o of f1 1334525further below. As a result, the requirements of section 1129(b) of the Bankruptcy Code are alsosatisfied.k. Section 1129(a)(9)—Treatment of Claims Entitled to Priority Pursuant to Section507(a) of the Bankruptcy Code.52. The treatment of Administrative Claims, Professional Fee Claims, andPriority Tax Claims under Article II of the Plan satisfies the requirements of, and complies in allrespects with, section 1129(a)(9) of the Bankruptcy Code.l. Section 1129(a)(10)—Acceptance by at Least One Voting Class.53. As set forth in the Voting Declaration, all Voting Classes overwhelminglyvoted to accept the Plan. As such, there is at least one Voting Class that has accepted the Plan,determined without including any acceptance of the Plan by any insider (as defined by theBankruptcy Code), for each Debtor. Accordingly, the requirements of section 1129(a)(10) of theBankruptcy Code are satisfied.m. Section 1129(a)(11)—Feasibility of the Plan.54. The Plan satisfies section 1129(a)(11) of the Bankruptcy Code. Thefinancial projections attached to the Disclosure Statement as Exhibit D and the other evidencesupporting the Plan proffered or adduced by the Debtors at or before the Combined Hearing: (a)is reasonable, persuasive, credible, and accurate as of the dates such evidence was prepared,presented, or proffered; (b) utilize reasonable and appropriate methodologies and assumptions; (c)has not been controverted by other persuasive evidence; (d) establishes that the Plan is feasibleand Confirmation of the Plan is not likely to be followed by liquidation or the need for furtherfinancial reorganization; (e) establishes that the Debtors will have sufficient funds available tomeet their obligations under the Plan and in the ordinary course of business—including sufficientamounts of Cash to reasonably ensure payment of Allowed Claims that will receive CashCCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 2 256 o of f1 1334526distributions pursuant to the terms of the Plan and other Cash payments required under the Plan;and (f) establishes that the Debtors or the Reorganized Debtors, as applicable, will have thefinancial wherewithal to pay any Claims that accrue, become payable, or are allowed by FinalOrder following the Effective Date. Accordingly, the Plan satisfies the requirements of section1129(a)(11) of the Bankruptcy Code.n. Section 1129(a)(12)—Payment of Statutory Fees.55. Article XII.C of the Plan provides that all fees payable pursuant to section1930(a) of the Judicial Code, as determined by the Court at the Confirmation Hearing inaccordance with section 1128 of the Bankruptcy Code, will be paid by each of the applicableReorganized Debtors for each quarter (including any fraction of a quarter) until the Chapter 11Cases are converted, dismissed, or closed, whichever occurs first. Accordingly, the Plan satisfiesthe requirements of section 1129(a)(12) of the Bankruptcy Code.o. Section 1129(a)(13)—Retiree Benefits.56. Pursuant to section 1129(a)(13) of the Bankruptcy Code, and as provided inArticle IV.K of the Plan, the Reorganized Debtors will continue to pay all obligations on accountof retiree benefits (as such term is used in section 1114 of the Bankruptcy Code) on and after theEffective Date in accordance with applicable law. As a result, the requirements of section1129(a)(13) of the Bankruptcy Code are satisfied.p. Sections 1129(a)(14), (15), and (16)—Domestic Support Obligations, Individuals,and Nonprofit Corporations.57. The Debtors do not owe any domestic support obligations, are notindividuals, and are not nonprofit corporations. Therefore, sections 1129(a)(14), 1129(a)(15), and1129(a)(16) of the Bankruptcy Code do not apply to the Chapter 11 Cases.CCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 2 267 o of f1 1334527q. Section 1129(b)—Confirmation of the Plan Over Nonacceptance of VotingClasses.58. No Classes rejected the Plan, and section 1129(b) is not applicable here,but even if it were, the Plan may be confirmed pursuant to section 1129(b)(1) of the BankruptcyCode because the Plan is fair and equitable with respect to the Deemed Rejecting Classes. ThePlan has been proposed in good faith, is reasonable, and meets the requirements and all VotingClasses have voted to accept the Plan. The treatment of Intercompany Claims and IntercompanyInterests under the Plan provides for administrative convenience does not constitute a distributionunder the Plan on account of suc

united states america ceo new york director time new year texas europe action law service state new york times russia office failure ny russian board dc plan class professional financial judge congress record security code court supreme court llc employees sweden tx capital rights wall street journal treatments cure consistency euro surrender proof principal acceptance rejection attorney norway agent stock judgment swedish sec markets powers relief motion delivery claim consistent stockholm account parties conditions payments burden claims contracts compliance individuals appeal estate considerations supplements proposal assets releases classes compromise professionals allowed distribution public policy aa lp requirements consent declaration satisfaction trustees launched regulations subject stern file stays interpretation entry map document retention preserving ruling certificates documents bankruptcy d d bb implementation rand counsel lowe disclosure main street purdue confirmation effectiveness positions cc circuit preservation alvarez persons denied object esq cooperation holder affiliate contribution officers lien elimination ee interests agreements 1b schedules findings sas expenses reasonable instruments valid venue securities rubio litigation withdrawal objections interpreting cancellation nominees absent filing assumption cures publication eligibility ff conclusions manner entity ballots nominee clause leblanc rothschild classification voluntary entities sw restructuring proceedings citibank waiver united states supreme court coupled liens llp commencement robert johnson sections amendments objection lender reservation lenders filed termination allocation exchange commission estates tex successors ste affiliates latham district court discharge allowance nw holders neil gorsuch 1a proofs petitions dismissal kroll exemption dismiss liabilities southern district insurance policies united states constitution mailing substantial reimbursement modification insurers modifications purdue pharma memorandum authorization russian federation jurisdiction whitlock comb debtors reinstated liquidation impaired computation remainder heeding defaults sek affidavit good faith feasibility incase specifications insolvency distributions incorporation estimation injunction cir bad faith disputed consummation 70m creditors lindquist third parties fifth circuit debtor reinstate united states district court sio case management confirmation hearing amended reinstatement insurer reorganization fof avianca reversion revocation consummate tranche forthe bankr issuance solicitation ltl article ii best interests k street vesting eurobonds business day article v rcf federal rules exhibit c article iii adequacy applicability civil procedure pursuant third circuit case no injunctions purchase price 23f ahc payable bankruptcy court regulation d securities act 44b capitalized 42k 24a 24b bankruptcy code 27a article iv united states code ad hoc committee business days article vi holdco united states securities 33a 27b final order intrum insurance carriers 5h uniform commercial code oid estoppel subsection exhibit b philippine airlines bloomberg l theunited states this court docket no 48h new york law texas council i10 no discrimination mtns united states bankruptcy court little creek comity i6 quinn emanuel urquhart watkins llp 40f 26c restatements a-class i19
The Clarke County Democrat Podcast
STORAGE SALE NOTICE OF PUBLIC SALE

The Clarke County Democrat Podcast

Play Episode Listen Later Oct 22, 2024 1:01


Pursuant to the Alabama Lien Law Title 8: Chapter 15, Jackson ClimatempStorage, located at 3625 N CollegeAve Jackson, AL 36545, will holdan online public auction to enforcea lien imposed on said property. Theauction will be held on website www.bid13.com. The auction will start @8:00 am on November 1st, and runthru November 6th, 2024 at 12:00pm. Property will be sold to highestbidder for cash. Management reserves the right to withdraw any unitfrom the sale. For redemption, pleasecontact us at 334.830.8367. Itemsinclude: Furniture, Household items,Electronics, Toys, and other contentsbelonging to:Tomeki R. Brown unit 345Kristie Roney Unit 105Malisha Pritchett Unit 424/437Melvin Taylor Unit...Article Link

The Clarke County Democrat Podcast
NOTICE OF PUBLIC SALE

The Clarke County Democrat Podcast

Play Episode Listen Later Oct 22, 2024 0:52


Pursuant to the Alabama Lien LawTitle 8: Chapter 15, ThomasvilleClimatemp Storage, located at 435Nicol Ave, Thomasville, AL, will holdan online public auction to enforce alien imposed on said property. Theauction will be held on the websitewww.bid13.com. The auction will start@ 8:00 am on November 1st, and runthru November 6th, 2024 at 12:00pm. The property will be sold to thehighest bidder for cash. Managementreserves the right to withdraw any unitfrom the sale. For redemption, pleasecontact us at 334.830.8367. Itemsinclude: Furniture, Household items,Electronics, Toys, and other contentsbelonging to:Hannah E. Defletson Unit 219Edmond Gaines Unit 106Article Link

Go Beyond: The Pursuant Listening Experience for Nonprofits
Crisis Response Fundraising: Valuable Lessons Nonprofits Can Learn

Go Beyond: The Pursuant Listening Experience for Nonprofits

Play Episode Listen Later Sep 11, 2024 28:57


In this episode, Pursuant's CEO Trent Ricker sat down with Kevin Hagan, President and CEO of PAN Foundation, to talk about the effect of global crises on fundraising. With the current Ukraine crisis, we've seen nontraditional or so-called 'unorganized' giving, as people adopted unique ways to support and donate. In this dialogue, these nonprofit leaders discuss lessons that nonprofits can learn from grassroots efforts like these when it comes to funding specific missions.

The Final Straw Radio
“Solidarity, Spirituality and Liberatory Promise on a Turtle's Back” with Ashanti Omowali Alston

The Final Straw Radio

Play Episode Listen Later Sep 1, 2024 95:06


“Solidarity, Spirituality and Liberatory Promise on a Turtle's Back” with Ashanti Omowali Alston This week, we're sharing words from anarchist, author, organizer and former participant in the Black Panther and Black Liberation Army, Ashanti Omowali Alston, in the key note address at the 2024 Another Carolina Anarchist Bookfair in so-called Asheville. The presentation was entitled “Solidarity, Spirituality and Liberatory Promise on a Turtle's Back”. You can support Ashanti's GoFundMe here. Transcript PDF (Unimposed) Zine (Imposed PDF) From the ACAB website: Trusting in solidarity, the mysterium of spirituality, and a promise from god knows where—a “where” that at this historical moment, might just be Palestine. What does it mean TO BE in the midst of all this right now? RIGHT NOW! M. Ashanti Alston is a revolutionary Black nationalist, anarchist, abolitionist, speaker, writer, elder motivator. A long-time member of The Jericho Movement, he is presently an advisory board member of the National Jericho Movement and co-founding board member of the Center for Grassroots Organizing (Vermont land project). He continues giving talks and writing inspirational analyses concerning the dismantling of the myriad oppressive regimes in which we find ourselves enmeshed. Ashanti is one of the few former members of the Black Panther Party who identifies as an anarchist in the tradition of ancestor Kwesi Balagoon (BPP & BLA). He developed abolitionist politics in the early years of Critical Resistance. He has helped save the life of a baby pig with animal liberationists, learned depth-queer politics from being challenged, and wants to see non-ego eldership partaking through sincerely loving the younger generations who truly want to ‘CARRY IT ON.” You can find other recordings from the 2024 ACABookfair at acabookfair.noblogs.org. Announcement Phone Zap for Granville CI in North Carolina Prisoners have been filing grievances at Granville CI, a prison in Butner, North Carolina, to no avail complaining about a lack of the legally mandated showers and access to the exercise yard, and are asking for phone calls and emails to demand a resumption of serving these basic needs despite any claims of understaffing: By Joseph ''Shine White'' Stewart How many prisoners must die and how long must we languish in solitary confinement subjected to these harsh and unconstitutional living conditions before there is a public outcry? The deficiencies in the day-to-day operations of this prison have been longstanding/persistent and well documented. In the past I've reported on the culture of abuse, negligence and unprofessionalism here at Granville Correctional. Over the past couple of months the conditions have only worsened. Those of us who are assigned to Restrictive Housing for Control Purposes (RHCP) are being deprived of showers, recreation, subjected to inadequate health care and other unconstitutional treatment. Pursuant to Chapter C subsection .1205(A) of the NCDAC policy and procedure manual, prisoners assigned to RHCP will have the opportunity to shower a least three times a week. Lately prison staff have been using the excuse that there is not enough staff to give us showers or even saying that they are too tired to do showers. As always I must maintain my integrity and be honest when reporting on these conditions. The laziness and neglect I am mentioning here doesn't apply to all the staff. Sergeant Jones, the second shift sergeant here in C-1 building, makes sure that we are afforded the opportunity to shower. However when it's not her shift or if she's not scheduled to work we're likely not to receive showers if there is a shortage of staff. Despite being demoted to a less restrictive solitary confinement setting I've yet to be offered to exercise outside. Pursuant to Chapter C section .1206 of NCDAC policy and process manual, prisoners assigned to RHCP shall he allowed one hour per day, five days per week to exercise outside of the cell, moreover the outdoor exercise cages should be used as the primary exercise area. During the exercise periods we are to be allowed to exercise unrestrained. As when it is time for us to take showers the same excuse is used to deprive us of any recreational time. They don't have enough staff. As mentioned I haven't been afforded outside exercise for almost three years now despite being demoted to a lower security level. Recreation here in C-1 building consists of us being placed in full restraints and allowed to pace up and down the tier for one hour. Lastly, custody staff are having any medical appointments cancelled claiming there isn't enough staff to escort is to the nurse's station. This includes mental health appointments as well. Of course the foregoing isn't all that needs to be addressed, however these are the issues that my peers and I find to be the most important, thus we entreat that the reader call and demand redress for the aforementioned issues. Warden James Williams and unit manager Eldridge Walker are responsible for promulgating the aforementioned policies and procedures and for the allowance of the aforementioned practices/customs, therefore they are the individuals who should be held accountable. Please contact these officials repeatedly: Granville Correctional Institution warden, James Williams - 919-575-3070 (call main line and ask for warden's office) Granville CI C-1 Unit Manager Eldridge Walker- 919-575-3070 (call main line and ask to be connected to Unit Manager Eldridge Walker) NCDAC Dep. Director of Rehabilitation/Correctional Services Maggie Brewer - maggie.brewer@dac.nc.gov - 919-733-2126 (call main line and ask to be connected to Brewer's office) NADAC Internal Affairs Director Anthony Smith - 919-715-2632 anthony.smith1@dac.nc.gov Script for calling and emailing: "I am (calling/emailing) to demand that prisoners being held in solitary confinement in the C-1 building be afforded the opportunity to shower and exercise outside according to NCDAC's policies and procedures and pursuant to their U.S. Constitutional rights. I am demanding that an internal investigation be conducted at the Granville Correctional concerning the grievances being made by prisoners there and I demand warden James Williams and C-1 unit manager he held accountable for the deliberate indifference they have demonstrated." . ... . .. Featured Track: Free Your Mind... And Your Ass Will Follow (instrumental) by Funkadellic from Free Your Mind... And Your Ass Will Follow

Rich Zeoli
Is Tim Walz the Next Democrat Party Candidate to Get Replaced?

Rich Zeoli

Play Episode Listen Later Aug 9, 2024 183:35


The Rich Zeoli Show- Hour 1: 3:05pm- It's Friday in the summer—and Rich is actually here doing a show LIVE! That's two weeks in a row, for anyone counting.  3:10pm- On Thursday, podcasters Joe Rogan and Russell Brand seemingly endorsed Independent candidate Robert Kennedy Jr. for president. Given their large, dedicated fan bases will their endorsements carry enough weight to impact the election in any way? And did Rogan officially endorse him? Or were his comments misconstrued?  3:15pm- Clear Choice, a political action committee that is closely aligned with the Democrat Party, is actively seeking to remove Robert F. Kennedy Jr. from state ballots—beginning in New York. The PAC argues that Kennedy lied about his Katonah, New York home address and, consequently, his signature collection campaign and ballot access should be invalidated.  3:40pm- According to the Washington Post, Robert F. Kennedy Jr. spoke with former president Donald Trump last month—prior to Joe Biden's withdraw from the race—about endorsing Trump's campaign in exchange for an appointment within a hypothetical Trump administration. Josh Dawsey and Michael Scherer reported Kennedy wanted to oversee “a portfolio of health and medical issues” but that the “Trump campaign ultimately rejected the offer.” If Kennedy's presence is inadvertently helping Kamala Harris in swing states, will Trump's campaign pursue an agreement that leads to Kennedy's withdraw and endorsement? You can read The Washington Post's initial report here: https://www.washingtonpost.com/politics/2024/07/22/rfk-jr-floated-job-trump-white-house-he-weighed-endorsing-trump/ 3:55pm- Is Vice Presidential candidate Tim Walz the next to get removed from the Democratic Party's ticket? In a recently unearthed clip, Minnesota Governor Tim Walz states: “We can make sure those weapons of war, that I carried in war, is the only place where those weapons are out.” Despite the statement, Walz has never seen combat—retiring from the National Guard before he would have deployed to Iraq. 4:05pm- Director of Public Prosecutions of England and Wales Stephen Parkinson explained that the United Kingdom will criminally punish citizens that repost messages that the government deems “hateful.” He also explained that he will appropriate “dedicated police officers” to monitor social media. Similarly, UK Police Commissioner Mark Rowley has threatened to extradite and imprison American citizens over online posts. With Democrat Vice Presidential nominee Tim Walz having stated that the First Amendment shouldn't extend to speech the government considers “misinformation” or “hate speech,” could similar laws restricting speech be part of the Harris-Walz campaign's platform? 4:40pm- During an interview on CNN, Scotland's former Prime Minister Humza Yousaf accused Elon Musk of being “evil” and trying to start a Civil War. In response, he called for heavy government involvement in regulation. 4:55pm- Did Matt just play the worst return music in the history of The Rich Zeoli Show? 5:00pm- Jessie Jane Duff—Gunnery Sergeant U.S. Marine Corps (ret), 2024 Campaign Executive Director Veterans for Trump, & Ambassador America First Policy Institute—joins The Rich Zeoli Show to discuss Kamala Harris's unwillingness to speak with the press. Plus, is the controversy surrounding Tim Walz's exaggerated military record about to disappear anytime soon? Absolutely not! Duff emphasizes that Walz openly lied about “serving in combat” and benefited from the lie by being elected to office. 5:35pm- Donald Trump's plane was forced to make an emergency landing in Billings, Montana due to a mechanical failure. The plane, thankfully, landed safely and Trump remains scheduled to speak at Montana State University on Friday night. 5:40pm- Dr. Victoria Coates—Former Deputy National Security Advisor & the Vice President of the Davis Institute for National Security and Foreign Policy at The Heritage Foundation—joins The Rich Zeoli Show to discuss her latest op-ed for Fox News, “America's Reckless Iran Policy Has Middle East On Brink Of War. Only One Thing Can Pull Us Back Now.” Her upcoming book is: “Winning the War on Israel: Inside the Battle for the Jewish State and America.” You can read Dr. Coates's full editorial here: https://www.foxnews.com/opinion/americas-reckless-iran-policy-has-middle-east-brink-war-only-one-thing-can-pull-back-now 6:05pm- CNN's Brianna Keilar accused JD Vance of being an “imperfect messenger” for challenging Tim Walz's history of exaggerating his military service. Keilar baselessly claimed Vance exaggerated his own military record and was a “combat correspondent” for the US Marine Corps—inaccurately suggesting the position isn't dangerous. Vance responded on social media: “Brianna this is disgusting, and you and your entire network should be ashamed of yourselves. When I got the call to go to Iraq, I went. Tim Walz said he carried a gun in a war. Did he? No. It was a lie.” 6:30pm- Kamala Harris FINALLY answers questions from the press…for less than 90 seconds. If we are being honest, she didn't answer anything that could objectively be considered “difficult.” She did say she would like to participate in her first interview since becoming the Democrat Party's presidential nominee by the end of the month, but offered no specifics or guarantees. When will the press hold her accountable for running away from questions and the press?  Will she ever be held accountable for her past advocation of dangerous, far-left policies? 6:40pm- Luke Rosiak of The Daily Wire writes: “Virginia this week removed more than 6,300 non-citizens from the state's voter rolls as part of election security measures spearheaded by Gov. Glenn Youngkin. On Wednesday, Youngkin signed an executive order instructing the Department of Elections to remove ‘non-citizens who may have purposefully or accidentally registered to vote.' Pursuant to the order, the state also identified and removed from voter rolls 79,867 deceased voters, and identified registered voters who had moved out of state.” You can read the full article here: https://www.dailywire.com/news/virginia-removes-more-than-6000-non-citizens-from-voter-rolls 6:50pm- On Meet the Press NOW, NBC News Washington Correspondent Yamiche Alcindor and host Ryan Nobles noted that Kamala Harris has refused to engage with the media and that the “grace period” is quickly running out.  

Rich Zeoli
Kamala FINALLY Answers Questions…For Less Than 90 Seconds

Rich Zeoli

Play Episode Listen Later Aug 9, 2024 46:54


The Rich Zeoli Show- Hour 4: 6:05pm- CNN's Brianna Keilar accused JD Vance of being an “imperfect messenger” for challenging Tim Walz's history of exaggerating his military service. Keilar baselessly claimed Vance exaggerated his own military record and was a “combat correspondent” for the US Marine Corps—inaccurately suggesting the position isn't dangerous. Vance responded on social media: “Brianna this is disgusting, and you and your entire network should be ashamed of yourselves. When I got the call to go to Iraq, I went. Tim Walz said he carried a gun in a war. Did he? No. It was a lie.” 6:30pm- Kamala Harris FINALLY answers questions from the press…for less than 90 seconds. If we are being honest, she didn't answer anything that could objectively be considered “difficult.” She did say she would like to participate in her first interview since becoming the Democrat Party's presidential nominee by the end of the month, but offered no specifics or guarantees. When will the press hold her accountable for running away from questions and the press?  Will she ever be held accountable for her past advocation of dangerous, far-left policies? 6:40pm- Luke Rosiak of The Daily Wire writes: “Virginia this week removed more than 6,300 non-citizens from the state's voter rolls as part of election security measures spearheaded by Gov. Glenn Youngkin. On Wednesday, Youngkin signed an executive order instructing the Department of Elections to remove ‘non-citizens who may have purposefully or accidentally registered to vote.' Pursuant to the order, the state also identified and removed from voter rolls 79,867 deceased voters, and identified registered voters who had moved out of state.” You can read the full article here: https://www.dailywire.com/news/virginia-removes-more-than-6000-non-citizens-from-voter-rolls 6:50pm- On Meet the Press NOW, NBC News Washington Correspondent Yamiche Alcindor and host Ryan Nobles noted that Kamala Harris has refused to engage with the media and that the “grace period” is quickly running out.  

Cognitive Dissonance
Episode 781: Biden is Out, Harris is in, and More Project 2025

Cognitive Dissonance

Play Episode Listen Later Jul 29, 2024 71:59


Project 2025. - Section: Department of Health and Human Services  Who wrote this (from wikipedia) Written by: Roger Thomas Severino (born 1974/1975)[1] is an American attorney who served as the director of the Office of Civil Rights (OCR) at the United States Department of Health and Human Services from 2017 to 2021. He is currently a Senior Fellow at the Ethics and Public Policy Center and a contributor on health policy, including abortion, to Project 2025.[2] In March 2017, President Donald Trump appointed Severino as Director of the Office for Civil Rights at the United States Department of Health and Human Services.[8][9][10] He left the position on January 15, 2021.[11] --- Goal #1: Protecting Life, Conscience, and Bodily Integrity. The Secretary should pursue a robust agenda to protect the fundamental right to life, protect conscience rights, and uphold bodily integrity rooted in biological realities, not ideology. From the moment of conception, every human being possesses inherent dignity and worth, and our humanity does not depend on our age, stage of development, race, or abilities. The Secretary must ensure that all HHS programs and activities are rooted in a deep respect for innocent human life from day one until natural death: Abortion and euthanasia are not health care. A robust respect for the sacred rights of conscience, both at HHS and among governments and institutions funded by it, increases choices for patients and program beneficiaries and furthers pluralism and tolerance. The Secretary must protect Americans' civil rights by ensuring that HHS programs and activities follow the letter and spirit of religious freedom and conscience-protection laws. Radical actors inside and outside government are promoting harmful identity politics that replaces biological sex with subjective notions of “gender identity” and bases a person's worth on his or her race, sex, or other identities. This destructive dogma, under the guise of “equity,” threatens American's fundamental liberties as well as the health and well-being of children and adults alike. The next Secretary must ensure that HHS programs protect children's minds and bodies and that HHS programs respect parents From Section - OFFICE OF ENERGY EFFICIENCY AND RENEWABLE ENERGY (EERE) Who wrote this (from wikipedia) Bernard L. McNamee (born 1967) is a government official who served as Commissioner of the Federal Energy Regulatory Commission from 2018 to 2020.[2] McNamee was confirmed to the position by the United States Senate on December 6, 2018. He previously served in various state and federal legal and policy positions and practiced energy law in the private sector. --- Under the Biden Administration, EERE's mission is “to accelerate the research, development, demonstration, and deployment of technologies and solutions to equitably transition America to netzero greenhouse gas (GHG) emissions economy-wide by no later than 2050” and “ensure [that] the clean energy economy benefits all Americans. Needed Reforms End the focus on climate change and green subsidies. Under the Biden Administration, EERE is a conduit for taxpayer dollars to fund progressive policies, including decarbonization of the economy and renewable resources. EERE has focused on reducing carbon dioxide emissions to the exclusion of other statutorily defined requirements such as energy security and cost. For example, EERE's five programmatic priorities during the Biden Administration are all focused on decarbonization of the electricity sector, the industrial sector, transportation, buildings, and the agricultural sector. Eliminate energy efficiency standards for appliances. Pursuant to the Energy Policy and Conservation Act of 1975 as amended, the agency is required to set and periodically tighten energy and/or water efficiency standards for nearly all kinds of commercial and household appliances, including air conditioners, furnaces, water heaters, stoves, clothes washers and dryers, refrigerators, dishwashers, light bulbs, and showerheads. Current law and regulations reduce consumer choice, drive up costs for consumer appliances, and emphasize energy efficiency to the exclusion of other important factors such as cycle time and reparability. New Policies Eliminate EERE. The next Administration should work with Congress to eliminate all of DOE's applied energy programs, including those in EERE (with the possible exception of those that are related to basic science for new energy technology). Taxpayer dollars should not be used to subsidize preferred businesses and energy resources, thereby distorting the market and undermining energy reliability. Reduce EERE funding. If EERE cannot be eliminated, then the Administration should engage with Congress and the House and Senate Appropriations Committees on EERE's budget.  Eliminate energy efficiency standards for appliances. The next Administration should work with Congress to modify or repeal the law mandating energy efficiency standards. Before (or in lieu of ) repealing the law, there are steps the agency can take to refocus on the consumer by giving full force to the provisions already in the law that serve to limit regulatory overreach and protect against excessively stringent standards.   

Partakers Church Podcasts
Church Moves Ahead Part 15 - Foxe's Book of Martyrs

Partakers Church Podcasts

Play Episode Listen Later Jul 20, 2024 2:45


G’day and welcome to Partakers and our series Church Moves Ahead, where we look together at the history of the early church, and in particular its persecution. We are taking brief excerpts from an ancient book, Foxes Book of Martyrs. This excerpt is from Chapter 2 - The Ten Primitive Persecutions - The Seventh Persecution, Under Decius Trypho and Respicius, two eminent men, were seized as Christians, and imprisoned at Nice. Their feet were pierced with nails; they were dragged through the streets, scourged, torn with iron hooks, scorched with lighted torches, and at length beheaded, February 1, AD 251. Agatha, a Sicilian lady, was not more remarkable for her personal and acquired endowments, than her piety; her beauty was such, that Quintian, governor of Sicily, became enamored of her, and made many attempts upon her chastity without success. In order to gratify his passions with the greater conveniency, he put the virtuous lady into the hands of Aphrodica, a very infamous and licentious woman. This wretch tried every artifice to win her to the desired prostitution; but found all her efforts were vain; for her chastity was impregnable, and she well knew that virtue alone could procure true happiness. Aphrodica acquainted Quintian with the inefficacy of her endeavours, who engaged to be foiled in his designs, changed his lust into resentment. On her confessing that she was a Christian, he determined to gratify his revenge, as he could not his passion. Pursuant to his orders, she was scourged, burnt with red-hot irons, and torn with sharp hooks. Having borne these torments with admirable fortitude, she was next laid naked upon live coals, intermingled with glass, and then being carried back to prison, she there expired on February 5, 251. Thanks for joining us here at Partakers! Come back soon, where everyday a new podcast is uploaded for the benefit of your life as a Christian Disciple. Visit us online at www.partakers.co.uk. Thank you! Right mouse click to save this Podcast as a MP3.

ICRC Humanitarian Law and Policy Blog
Internment pursuant to GC4 during an IAC: practice from Norway

ICRC Humanitarian Law and Policy Blog

Play Episode Listen Later Jun 6, 2024 9:23


The Fourth Geneva Convention was the first humanitarian law convention dedicated to protections for civilians during armed conflict. Amongst its numerous protective rules, it also provides the main rules of international humanitarian law (IHL) governing the exceptional practice of internment of protected persons – detention of such persons for security reasons during international armed conflict. In this post, part of a series that delves into the grounds and procedures for internment contained in the Fourth Geneva Convention, Camilla Guldahl Cooper, Associate Professor at the Norwegian Defence Command and Staff College, gives some context to certain rules in the Fourth Geneva Convention which apply to the initial decision to intern a protected person. She elaborates on what these rules require and how they have been taken into account in Norway's military manual.

Bars & Hoops
No Offseason Episode 43 Feat Jamaar Milton

Bars & Hoops

Play Episode Listen Later May 10, 2024 111:18


No Offseason Episode 43 Feat. Jamaar Milton www.Barsandhoops.com Call in 516.206.0711 Download the free @barsandhoopsradio app for apple and android users. Like, Share & Subscribe to our page on all social media platforms. For interviews, promotional or business enquirers, email us at barsandhoopsradio@barsandhoops.com Copyright Disclaimer We do not own the musical copyrights to any music played during this broadcast. All music is played for promotional use only Digital Media Copyright Act l music and videos are copyrights of the original owners. Please support the artists and buy their work. We claim safe harbor under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512.  Pursuant to the DMCA, if you are a copyright holder and believe your work is being infringed upon you are required by law to adhere to the following procedure:
DMCA Compliance Policy
The DMCA requires that all notices of alleged copyright infringement must be in writing. When informing the designated agent of an alleged copyright infringement, you should:
1. Identify the copyrighted work that allegedly has been infringed. If multiple copyrighted works at a single online site are involved, please provide a list of the works on that site.
2. Describe the material that is claimed to be infringing and provide sufficient information to permit BARSANDHOOPS to locate that material.
3. Provide your contact information, including an address, telephone number, and, if available, an e-mail address.
4. Certify or include a statement that you have a good faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner's agent, or law.
5. Certify that the information that you have provided BARSANDHOOPS is accurate. You should attest under penalty of perjury that you are authorized to enforce the copyrights that you allege have been infringed.
6. Include a physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner.
BARSANDHOOPS may not be able to act on your complaint promptly or at all if you do not provide the information required in the “Contents of Notice.”
Before you allege an infringement, you should consult copyright materials to confirm that the use is, in fact, infringing. The United States Copyright Office provides basic information that can help you determine whether an exception or defense, such as fair use, may apply to the use of your copyrighted work. Notice, Takedown, and Putback Procedure
BARSANDHOOPS expects all users of its system to comply with applicable copyright laws. If BARSANDHOOPS  receives notice of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond appropriately, which may include removing or disabling access to the material that is claimed to be infringing. BARSANDHOOPS  will follow the procedures outlined in the Digital Millennium Copyright Act as to notifications of users and the complaining parties, acceptance of counter notifications, takedown and/or putback of the alleged infringing material.
Notification Agent
Pursuant to the DMCA, Bars & Hoops LLC has designated an agent to receive notification of alleged copyright infringement occurring on Web pages or computer servers. If you believe that your copyrighted work is being infringed on a Barsandhoops site, please notify our designated agent, preferably by email, at: EMAIL: BARSANDHOOPSRADIO@BARSANDHOOPSRADIO.COM

Bars & Hoops
NO OFF SEASON EPISODE 44 FEATURING CRIMINAL GOD

Bars & Hoops

Play Episode Listen Later May 10, 2024 101:06


No Offseason Episode 44 Feat. Criminal God www.Barsandhoops.com Call in 516.206.0711 Download the free @barsandhoopsradio app for apple and android users. Like, Share & Subscribe to our page on all social media platforms. For interviews, promotional or business enquirers, email us at barsandhoopsradio@barsandhoops.com Copyright Disclaimer We do not own the musical copyrights to any music played during this broadcast. All music is played for promotional use only Digital Media Copyright Act l music and videos are copyrights of the original owners. Please support the artists and buy their work. We claim safe harbor under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512.  Pursuant to the DMCA, if you are a copyright holder and believe your work is being infringed upon you are required by law to adhere to the following procedure:
DMCA Compliance Policy
The DMCA requires that all notices of alleged copyright infringement must be in writing. When informing the designated agent of an alleged copyright infringement, you should:
1. Identify the copyrighted work that allegedly has been infringed. If multiple copyrighted works at a single online site are involved, please provide a list of the works on that site.
2. Describe the material that is claimed to be infringing and provide sufficient information to permit BARSANDHOOPS to locate that material.
3. Provide your contact information, including an address, telephone number, and, if available, an e-mail address.
4. Certify or include a statement that you have a good faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner's agent, or law.
5. Certify that the information that you have provided BARSANDHOOPS is accurate. You should attest under penalty of perjury that you are authorized to enforce the copyrights that you allege have been infringed.
6. Include a physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner.
BARSANDHOOPS may not be able to act on your complaint promptly or at all if you do not provide the information required in the “Contents of Notice.”
Before you allege an infringement, you should consult copyright materials to confirm that the use is, in fact, infringing. The United States Copyright Office provides basic information that can help you determine whether an exception or defense, such as fair use, may apply to the use of your copyrighted work. Notice, Takedown, and Putback Procedure
BARSANDHOOPS expects all users of its system to comply with applicable copyright laws. If BARSANDHOOPS  receives notice of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond appropriately, which may include removing or disabling access to the material that is claimed to be infringing. BARSANDHOOPS  will follow the procedures outlined in the Digital Millennium Copyright Act as to notifications of users and the complaining parties, acceptance of counter notifications, takedown and/or putback of the alleged infringing material.
Notification Agent
Pursuant to the DMCA, Bars & Hoops LLC has designated an agent to receive notification of alleged copyright infringement occurring on Web pages or computer servers. If you believe that your copyrighted work is being infringed on a Barsandhoops site, please notify our designated agent, preferably by email, at: EMAIL: BARSANDHOOPSRADIO@BARSANDHOOPSRADIO.COM

Bars & Hoops
No Offseason Episode 45 Feat. JR Gamble

Bars & Hoops

Play Episode Listen Later May 10, 2024 144:04


No Offseason Episode 45 Feat. JR Gamble www.Barsandhoops.com Call in 516.206.0711 Download the free @barsandhoopsradio app for apple and android users. Like, Share & Subscribe to our page on all social media platforms. For interviews, promotional or business enquirers, email us at barsandhoopsradio@barsandhoops.com Copyright Disclaimer We do not own the musical copyrights to any music played during this broadcast. All music is played for promotional use only Digital Media Copyright Act l music and videos are copyrights of the original owners. Please support the artists and buy their work. We claim safe harbor under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512.  Pursuant to the DMCA, if you are a copyright holder and believe your work is being infringed upon you are required by law to adhere to the following procedure:
DMCA Compliance Policy
The DMCA requires that all notices of alleged copyright infringement must be in writing. When informing the designated agent of an alleged copyright infringement, you should:
1. Identify the copyrighted work that allegedly has been infringed. If multiple copyrighted works at a single online site are involved, please provide a list of the works on that site.
2. Describe the material that is claimed to be infringing and provide sufficient information to permit BARSANDHOOPS to locate that material.
3. Provide your contact information, including an address, telephone number, and, if available, an e-mail address.
4. Certify or include a statement that you have a good faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner's agent, or law.
5. Certify that the information that you have provided BARSANDHOOPS is accurate. You should attest under penalty of perjury that you are authorized to enforce the copyrights that you allege have been infringed.
6. Include a physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner.
BARSANDHOOPS may not be able to act on your complaint promptly or at all if you do not provide the information required in the “Contents of Notice.”
Before you allege an infringement, you should consult copyright materials to confirm that the use is, in fact, infringing. The United States Copyright Office provides basic information that can help you determine whether an exception or defense, such as fair use, may apply to the use of your copyrighted work. Notice, Takedown, and Putback Procedure
BARSANDHOOPS expects all users of its system to comply with applicable copyright laws. If BARSANDHOOPS  receives notice of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond appropriately, which may include removing or disabling access to the material that is claimed to be infringing. BARSANDHOOPS  will follow the procedures outlined in the Digital Millennium Copyright Act as to notifications of users and the complaining parties, acceptance of counter notifications, takedown and/or putback of the alleged infringing material.
Notification Agent
Pursuant to the DMCA, Bars & Hoops LLC has designated an agent to receive notification of alleged copyright infringement occurring on Web pages or computer servers. If you believe that your copyrighted work is being infringed on a Barsandhoops site, please notify our designated agent, preferably by email, at: EMAIL: BARSANDHOOPSRADIO@BARSANDHOOPSRADIO.COM

The Moscow Murders and More
Karen Read Court Documents: The States Memorandum Pursuant To Defendants Rule 17 Motion (Part 6) (5/3/24)

The Moscow Murders and More

Play Episode Listen Later May 3, 2024 12:50


Massachusetts Rule of Criminal Procedure 17 (Mass. R. Crim. P. 17) outlines the procedures for subpoenas in criminal cases within the Massachusetts court system. Here's a detailed summary of its key provisions:Authority and Purpose: Rule 17 derives its authority from the Massachusetts Supreme Judicial Court and is designed to facilitate the production of evidence and the summoning of witnesses in criminal proceedings.Issuance of Subpoenas: The rule allows for the issuance of subpoenas by the clerk of the court, a notary public, or any attorney authorized to practice law in Massachusetts. Subpoenas may be issued for the attendance of witnesses or the production of documents or other tangible evidence.Form and Content: Subpoenas must be issued in writing and must command the person to whom it is directed to attend and give testimony, or to produce specified documents or tangible things, at a specified time and place.Service of Subpoenas: Subpoenas may be served by any person who is not a party to the case and who is at least 18 years old. Service may be made by delivering a copy of the subpoena to the person named in it, or by leaving a copy at their residence with a person of suitable age and discretion.Witness Fees and Mileage: Witnesses who comply with a subpoena are entitled to receive witness fees and mileage reimbursement as provided by law.Protection of Persons Subject to Subpoenas: Persons subject to subpoenas may seek protection from undue burden or harassment by filing a motion with the court. The court may quash or modify a subpoena if it is unreasonable or oppressive.Contempt for Failure to Obey Subpoena: Failure to obey a subpoena without reasonable excuse may result in a finding of contempt by the court. Contempt may be punished by fines, imprisonment, or other sanctions.Service of Subpoenas Outside the Commonwealth: The rule provides procedures for the service of subpoenas outside the Commonwealth of Massachusetts.Service of Subpoenas on Behalf of the Commonwealth: When the Commonwealth is the party seeking evidence or witnesses, subpoenas may be issued and served by any attorney authorized to represent the Commonwealth.Notice to Parties: The rule requires that notice of the issuance of a subpoena must be given to all parties in the case.Overall, Mass. R. Crim. P. 17 is designed to ensure the efficient and fair gathering of evidence and witness testimony in criminal cases, while also providing protections for individuals subject to subpoenas. It establishes clear procedures for the issuance, service, and enforcement of subpoenas within the Massachusetts court system.As we continue to get prepared for the Karen Read trial that kicks off April 29th, we are now takign a look at the Commonwealth's memorandum in opposition to defendants motion pursusant to rule 17 of criminal precedure directed to Brian Albert, Verizon and AT&T.(commercial at 7:40)to contact me:bobbycapucci@protonmail.comsource:PDF.COMMONWEALTH - Google Drive

Beyond The Horizon
Karen Read Court Documents: The States Memorandum Pursuant To Defendants Rule 17 Motion (Part 6) (5/2/24)

Beyond The Horizon

Play Episode Listen Later May 2, 2024 12:50


Massachusetts Rule of Criminal Procedure 17 (Mass. R. Crim. P. 17) outlines the procedures for subpoenas in criminal cases within the Massachusetts court system. Here's a detailed summary of its key provisions:Authority and Purpose: Rule 17 derives its authority from the Massachusetts Supreme Judicial Court and is designed to facilitate the production of evidence and the summoning of witnesses in criminal proceedings.Issuance of Subpoenas: The rule allows for the issuance of subpoenas by the clerk of the court, a notary public, or any attorney authorized to practice law in Massachusetts. Subpoenas may be issued for the attendance of witnesses or the production of documents or other tangible evidence.Form and Content: Subpoenas must be issued in writing and must command the person to whom it is directed to attend and give testimony, or to produce specified documents or tangible things, at a specified time and place.Service of Subpoenas: Subpoenas may be served by any person who is not a party to the case and who is at least 18 years old. Service may be made by delivering a copy of the subpoena to the person named in it, or by leaving a copy at their residence with a person of suitable age and discretion.Witness Fees and Mileage: Witnesses who comply with a subpoena are entitled to receive witness fees and mileage reimbursement as provided by law.Protection of Persons Subject to Subpoenas: Persons subject to subpoenas may seek protection from undue burden or harassment by filing a motion with the court. The court may quash or modify a subpoena if it is unreasonable or oppressive.Contempt for Failure to Obey Subpoena: Failure to obey a subpoena without reasonable excuse may result in a finding of contempt by the court. Contempt may be punished by fines, imprisonment, or other sanctions.Service of Subpoenas Outside the Commonwealth: The rule provides procedures for the service of subpoenas outside the Commonwealth of Massachusetts.Service of Subpoenas on Behalf of the Commonwealth: When the Commonwealth is the party seeking evidence or witnesses, subpoenas may be issued and served by any attorney authorized to represent the Commonwealth.Notice to Parties: The rule requires that notice of the issuance of a subpoena must be given to all parties in the case.Overall, Mass. R. Crim. P. 17 is designed to ensure the efficient and fair gathering of evidence and witness testimony in criminal cases, while also providing protections for individuals subject to subpoenas. It establishes clear procedures for the issuance, service, and enforcement of subpoenas within the Massachusetts court system.As we continue to get prepared for the Karen Read trial that kicks off April 29th, we are now takign a look at the Commonwealth's memorandum in opposition to defendants motion pursusant to rule 17 of criminal precedure directed to Brian Albert, Verizon and AT&T.(commercial at 7:40)to contact me:bobbycapucci@protonmail.comsource:PDF.COMMONWEALTH - Google Drive

Beyond The Horizon
Karen Read Court Documents: The States Memorandum Pursuant To Defendants Rule 17 Motion (Part 5) (5/1/24)

Beyond The Horizon

Play Episode Listen Later May 1, 2024 11:43


Massachusetts Rule of Criminal Procedure 17 (Mass. R. Crim. P. 17) outlines the procedures for subpoenas in criminal cases within the Massachusetts court system. Here's a detailed summary of its key provisions:Authority and Purpose: Rule 17 derives its authority from the Massachusetts Supreme Judicial Court and is designed to facilitate the production of evidence and the summoning of witnesses in criminal proceedings.Issuance of Subpoenas: The rule allows for the issuance of subpoenas by the clerk of the court, a notary public, or any attorney authorized to practice law in Massachusetts. Subpoenas may be issued for the attendance of witnesses or the production of documents or other tangible evidence.Form and Content: Subpoenas must be issued in writing and must command the person to whom it is directed to attend and give testimony, or to produce specified documents or tangible things, at a specified time and place.Service of Subpoenas: Subpoenas may be served by any person who is not a party to the case and who is at least 18 years old. Service may be made by delivering a copy of the subpoena to the person named in it, or by leaving a copy at their residence with a person of suitable age and discretion.Witness Fees and Mileage: Witnesses who comply with a subpoena are entitled to receive witness fees and mileage reimbursement as provided by law.Protection of Persons Subject to Subpoenas: Persons subject to subpoenas may seek protection from undue burden or harassment by filing a motion with the court. The court may quash or modify a subpoena if it is unreasonable or oppressive.Contempt for Failure to Obey Subpoena: Failure to obey a subpoena without reasonable excuse may result in a finding of contempt by the court. Contempt may be punished by fines, imprisonment, or other sanctions.Service of Subpoenas Outside the Commonwealth: The rule provides procedures for the service of subpoenas outside the Commonwealth of Massachusetts.Service of Subpoenas on Behalf of the Commonwealth: When the Commonwealth is the party seeking evidence or witnesses, subpoenas may be issued and served by any attorney authorized to represent the Commonwealth.Notice to Parties: The rule requires that notice of the issuance of a subpoena must be given to all parties in the case.Overall, Mass. R. Crim. P. 17 is designed to ensure the efficient and fair gathering of evidence and witness testimony in criminal cases, while also providing protections for individuals subject to subpoenas. It establishes clear procedures for the issuance, service, and enforcement of subpoenas within the Massachusetts court system.As we continue to get prepared for the Karen Read trial that kicks off April 29th, we are now takign a look at the Commonwealth's memorandum in opposition to defendants motion pursusant to rule 17 of criminal precedure directed to Brian Albert, Verizon and AT&T.(commercial at 8:25)to contact me:bobbycapucci@protonmail.comsource:PDF.COMMONWEALTH - Google Drive

Beyond The Horizon
Karen Read Court Documents: The States Memorandum Pursuant To Defendants Rule 17 Motion (Part 4) (5/1/24)

Beyond The Horizon

Play Episode Listen Later May 1, 2024 11:54


Massachusetts Rule of Criminal Procedure 17 (Mass. R. Crim. P. 17) outlines the procedures for subpoenas in criminal cases within the Massachusetts court system. Here's a detailed summary of its key provisions:Authority and Purpose: Rule 17 derives its authority from the Massachusetts Supreme Judicial Court and is designed to facilitate the production of evidence and the summoning of witnesses in criminal proceedings.Issuance of Subpoenas: The rule allows for the issuance of subpoenas by the clerk of the court, a notary public, or any attorney authorized to practice law in Massachusetts. Subpoenas may be issued for the attendance of witnesses or the production of documents or other tangible evidence.Form and Content: Subpoenas must be issued in writing and must command the person to whom it is directed to attend and give testimony, or to produce specified documents or tangible things, at a specified time and place.Service of Subpoenas: Subpoenas may be served by any person who is not a party to the case and who is at least 18 years old. Service may be made by delivering a copy of the subpoena to the person named in it, or by leaving a copy at their residence with a person of suitable age and discretion.Witness Fees and Mileage: Witnesses who comply with a subpoena are entitled to receive witness fees and mileage reimbursement as provided by law.Protection of Persons Subject to Subpoenas: Persons subject to subpoenas may seek protection from undue burden or harassment by filing a motion with the court. The court may quash or modify a subpoena if it is unreasonable or oppressive.Contempt for Failure to Obey Subpoena: Failure to obey a subpoena without reasonable excuse may result in a finding of contempt by the court. Contempt may be punished by fines, imprisonment, or other sanctions.Service of Subpoenas Outside the Commonwealth: The rule provides procedures for the service of subpoenas outside the Commonwealth of Massachusetts.Service of Subpoenas on Behalf of the Commonwealth: When the Commonwealth is the party seeking evidence or witnesses, subpoenas may be issued and served by any attorney authorized to represent the Commonwealth.Notice to Parties: The rule requires that notice of the issuance of a subpoena must be given to all parties in the case.Overall, Mass. R. Crim. P. 17 is designed to ensure the efficient and fair gathering of evidence and witness testimony in criminal cases, while also providing protections for individuals subject to subpoenas. It establishes clear procedures for the issuance, service, and enforcement of subpoenas within the Massachusetts court system.As we continue to get prepared for the Karen Read trial that kicks off April 29th, we are now takign a look at the Commonwealth's memorandum in opposition to defendants motion pursusant to rule 17 of criminal precedure directed to Brian Albert, Verizon and AT&T.(commercial at 8:21)to contact me:bobbycapucci@protonmail.comsource:PDF.COMMONWEALTH - Google Drive

The Epstein Chronicles
Karen Read Court Documents: The States Memorandum Pursuant To Defendants Rule 17 Motion (Part 5) (5/1/24)

The Epstein Chronicles

Play Episode Listen Later May 1, 2024 11:43


Massachusetts Rule of Criminal Procedure 17 (Mass. R. Crim. P. 17) outlines the procedures for subpoenas in criminal cases within the Massachusetts court system. Here's a detailed summary of its key provisions:Authority and Purpose: Rule 17 derives its authority from the Massachusetts Supreme Judicial Court and is designed to facilitate the production of evidence and the summoning of witnesses in criminal proceedings.Issuance of Subpoenas: The rule allows for the issuance of subpoenas by the clerk of the court, a notary public, or any attorney authorized to practice law in Massachusetts. Subpoenas may be issued for the attendance of witnesses or the production of documents or other tangible evidence.Form and Content: Subpoenas must be issued in writing and must command the person to whom it is directed to attend and give testimony, or to produce specified documents or tangible things, at a specified time and place.Service of Subpoenas: Subpoenas may be served by any person who is not a party to the case and who is at least 18 years old. Service may be made by delivering a copy of the subpoena to the person named in it, or by leaving a copy at their residence with a person of suitable age and discretion.Witness Fees and Mileage: Witnesses who comply with a subpoena are entitled to receive witness fees and mileage reimbursement as provided by law.Protection of Persons Subject to Subpoenas: Persons subject to subpoenas may seek protection from undue burden or harassment by filing a motion with the court. The court may quash or modify a subpoena if it is unreasonable or oppressive.Contempt for Failure to Obey Subpoena: Failure to obey a subpoena without reasonable excuse may result in a finding of contempt by the court. Contempt may be punished by fines, imprisonment, or other sanctions.Service of Subpoenas Outside the Commonwealth: The rule provides procedures for the service of subpoenas outside the Commonwealth of Massachusetts.Service of Subpoenas on Behalf of the Commonwealth: When the Commonwealth is the party seeking evidence or witnesses, subpoenas may be issued and served by any attorney authorized to represent the Commonwealth.Notice to Parties: The rule requires that notice of the issuance of a subpoena must be given to all parties in the case.Overall, Mass. R. Crim. P. 17 is designed to ensure the efficient and fair gathering of evidence and witness testimony in criminal cases, while also providing protections for individuals subject to subpoenas. It establishes clear procedures for the issuance, service, and enforcement of subpoenas within the Massachusetts court system.As we continue to get prepared for the Karen Read trial that kicks off April 29th, we are now takign a look at the Commonwealth's memorandum in opposition to defendants motion pursusant to rule 17 of criminal precedure directed to Brian Albert, Verizon and AT&T.(commercial at 7:28)to contact me:bobbycapucci@protonmail.comsource:PDF.COMMONWEALTH - Google DriveBecome a supporter of this podcast: https://www.spreaker.com/podcast/the-epstein-chronicles--5003294/support.

The Epstein Chronicles
Karen Read Court Documents: The States Memorandum Pursuant To Defendants Rule 17 Motion (Part 6) (5/1/24)

The Epstein Chronicles

Play Episode Listen Later May 1, 2024 12:50


Massachusetts Rule of Criminal Procedure 17 (Mass. R. Crim. P. 17) outlines the procedures for subpoenas in criminal cases within the Massachusetts court system. Here's a detailed summary of its key provisions:Authority and Purpose: Rule 17 derives its authority from the Massachusetts Supreme Judicial Court and is designed to facilitate the production of evidence and the summoning of witnesses in criminal proceedings.Issuance of Subpoenas: The rule allows for the issuance of subpoenas by the clerk of the court, a notary public, or any attorney authorized to practice law in Massachusetts. Subpoenas may be issued for the attendance of witnesses or the production of documents or other tangible evidence.Form and Content: Subpoenas must be issued in writing and must command the person to whom it is directed to attend and give testimony, or to produce specified documents or tangible things, at a specified time and place.Service of Subpoenas: Subpoenas may be served by any person who is not a party to the case and who is at least 18 years old. Service may be made by delivering a copy of the subpoena to the person named in it, or by leaving a copy at their residence with a person of suitable age and discretion.Witness Fees and Mileage: Witnesses who comply with a subpoena are entitled to receive witness fees and mileage reimbursement as provided by law.Protection of Persons Subject to Subpoenas: Persons subject to subpoenas may seek protection from undue burden or harassment by filing a motion with the court. The court may quash or modify a subpoena if it is unreasonable or oppressive.Contempt for Failure to Obey Subpoena: Failure to obey a subpoena without reasonable excuse may result in a finding of contempt by the court. Contempt may be punished by fines, imprisonment, or other sanctions.Service of Subpoenas Outside the Commonwealth: The rule provides procedures for the service of subpoenas outside the Commonwealth of Massachusetts.Service of Subpoenas on Behalf of the Commonwealth: When the Commonwealth is the party seeking evidence or witnesses, subpoenas may be issued and served by any attorney authorized to represent the Commonwealth.Notice to Parties: The rule requires that notice of the issuance of a subpoena must be given to all parties in the case.Overall, Mass. R. Crim. P. 17 is designed to ensure the efficient and fair gathering of evidence and witness testimony in criminal cases, while also providing protections for individuals subject to subpoenas. It establishes clear procedures for the issuance, service, and enforcement of subpoenas within the Massachusetts court system.As we continue to get prepared for the Karen Read trial that kicks off April 29th, we are now taking a look at the Commonwealth's memorandum in opposition to defendants motion pursusant to rule 17 of criminal precedure directed to Brian Albert, Verizon and AT&T.(commercial at 7:40)to contact me:bobbycapucci@protonmail.comsource:PDF.COMMONWEALTH - Google DriveBecome a supporter of this podcast: https://www.spreaker.com/podcast/the-epstein-chronicles--5003294/support.

The Moscow Murders and More
Karen Read Court Documents: The States Memorandum Pursuant To Defendants Rule 17 Motion (Part 5) (5/1/24)

The Moscow Murders and More

Play Episode Listen Later May 1, 2024 11:43


Massachusetts Rule of Criminal Procedure 17 (Mass. R. Crim. P. 17) outlines the procedures for subpoenas in criminal cases within the Massachusetts court system. Here's a detailed summary of its key provisions:Authority and Purpose: Rule 17 derives its authority from the Massachusetts Supreme Judicial Court and is designed to facilitate the production of evidence and the summoning of witnesses in criminal proceedings.Issuance of Subpoenas: The rule allows for the issuance of subpoenas by the clerk of the court, a notary public, or any attorney authorized to practice law in Massachusetts. Subpoenas may be issued for the attendance of witnesses or the production of documents or other tangible evidence.Form and Content: Subpoenas must be issued in writing and must command the person to whom it is directed to attend and give testimony, or to produce specified documents or tangible things, at a specified time and place.Service of Subpoenas: Subpoenas may be served by any person who is not a party to the case and who is at least 18 years old. Service may be made by delivering a copy of the subpoena to the person named in it, or by leaving a copy at their residence with a person of suitable age and discretion.Witness Fees and Mileage: Witnesses who comply with a subpoena are entitled to receive witness fees and mileage reimbursement as provided by law.Protection of Persons Subject to Subpoenas: Persons subject to subpoenas may seek protection from undue burden or harassment by filing a motion with the court. The court may quash or modify a subpoena if it is unreasonable or oppressive.Contempt for Failure to Obey Subpoena: Failure to obey a subpoena without reasonable excuse may result in a finding of contempt by the court. Contempt may be punished by fines, imprisonment, or other sanctions.Service of Subpoenas Outside the Commonwealth: The rule provides procedures for the service of subpoenas outside the Commonwealth of Massachusetts.Service of Subpoenas on Behalf of the Commonwealth: When the Commonwealth is the party seeking evidence or witnesses, subpoenas may be issued and served by any attorney authorized to represent the Commonwealth.Notice to Parties: The rule requires that notice of the issuance of a subpoena must be given to all parties in the case.Overall, Mass. R. Crim. P. 17 is designed to ensure the efficient and fair gathering of evidence and witness testimony in criminal cases, while also providing protections for individuals subject to subpoenas. It establishes clear procedures for the issuance, service, and enforcement of subpoenas within the Massachusetts court system.As we continue to get prepared for the Karen Read trial that kicks off April 29th, we are now takign a look at the Commonwealth's memorandum in opposition to defendants motion pursusant to rule 17 of criminal precedure directed to Brian Albert, Verizon and AT&T.(commercial at 7:10)to contact me:bobbycapucci@protonmail.comsource:PDF.COMMONWEALTH - Google Drive

The Epstein Chronicles
Karen Read Court Documents: The States Memorandum Pursuant To Defendants Rule 17 Motion (Part 4) (4/30/24)

The Epstein Chronicles

Play Episode Listen Later Apr 30, 2024 11:54


Massachusetts Rule of Criminal Procedure 17 (Mass. R. Crim. P. 17) outlines the procedures for subpoenas in criminal cases within the Massachusetts court system. Here's a detailed summary of its key provisions:Authority and Purpose: Rule 17 derives its authority from the Massachusetts Supreme Judicial Court and is designed to facilitate the production of evidence and the summoning of witnesses in criminal proceedings.Issuance of Subpoenas: The rule allows for the issuance of subpoenas by the clerk of the court, a notary public, or any attorney authorized to practice law in Massachusetts. Subpoenas may be issued for the attendance of witnesses or the production of documents or other tangible evidence.Form and Content: Subpoenas must be issued in writing and must command the person to whom it is directed to attend and give testimony, or to produce specified documents or tangible things, at a specified time and place.Service of Subpoenas: Subpoenas may be served by any person who is not a party to the case and who is at least 18 years old. Service may be made by delivering a copy of the subpoena to the person named in it, or by leaving a copy at their residence with a person of suitable age and discretion.Witness Fees and Mileage: Witnesses who comply with a subpoena are entitled to receive witness fees and mileage reimbursement as provided by law.Protection of Persons Subject to Subpoenas: Persons subject to subpoenas may seek protection from undue burden or harassment by filing a motion with the court. The court may quash or modify a subpoena if it is unreasonable or oppressive.Contempt for Failure to Obey Subpoena: Failure to obey a subpoena without reasonable excuse may result in a finding of contempt by the court. Contempt may be punished by fines, imprisonment, or other sanctions.Service of Subpoenas Outside the Commonwealth: The rule provides procedures for the service of subpoenas outside the Commonwealth of Massachusetts.Service of Subpoenas on Behalf of the Commonwealth: When the Commonwealth is the party seeking evidence or witnesses, subpoenas may be issued and served by any attorney authorized to represent the Commonwealth.Notice to Parties: The rule requires that notice of the issuance of a subpoena must be given to all parties in the case.Overall, Mass. R. Crim. P. 17 is designed to ensure the efficient and fair gathering of evidence and witness testimony in criminal cases, while also providing protections for individuals subject to subpoenas. It establishes clear procedures for the issuance, service, and enforcement of subpoenas within the Massachusetts court system.As we continue to get prepared for the Karen Read trial that kicks off April 29th, we are now takign a look at the Commonwealth's memorandum in opposition to defendants motion pursusant to rule 17 of criminal precedure directed to Brian Albert, Verizon and AT&T.(commercial at 8:21)to contact me:bobbycapucci@protonmail.comsource:PDF.COMMONWEALTH - Google DriveBecome a supporter of this podcast: https://www.spreaker.com/podcast/the-epstein-chronicles--5003294/support.

The Moscow Murders and More
Karen Read Court Documents: The States Memorandum Pursuant To Defendants Rule 17 Motion (Part 4) (4/30/24)

The Moscow Murders and More

Play Episode Listen Later Apr 30, 2024 11:54


Massachusetts Rule of Criminal Procedure 17 (Mass. R. Crim. P. 17) outlines the procedures for subpoenas in criminal cases within the Massachusetts court system. Here's a detailed summary of its key provisions:Authority and Purpose: Rule 17 derives its authority from the Massachusetts Supreme Judicial Court and is designed to facilitate the production of evidence and the summoning of witnesses in criminal proceedings.Issuance of Subpoenas: The rule allows for the issuance of subpoenas by the clerk of the court, a notary public, or any attorney authorized to practice law in Massachusetts. Subpoenas may be issued for the attendance of witnesses or the production of documents or other tangible evidence.Form and Content: Subpoenas must be issued in writing and must command the person to whom it is directed to attend and give testimony, or to produce specified documents or tangible things, at a specified time and place.Service of Subpoenas: Subpoenas may be served by any person who is not a party to the case and who is at least 18 years old. Service may be made by delivering a copy of the subpoena to the person named in it, or by leaving a copy at their residence with a person of suitable age and discretion.Witness Fees and Mileage: Witnesses who comply with a subpoena are entitled to receive witness fees and mileage reimbursement as provided by law.Protection of Persons Subject to Subpoenas: Persons subject to subpoenas may seek protection from undue burden or harassment by filing a motion with the court. The court may quash or modify a subpoena if it is unreasonable or oppressive.Contempt for Failure to Obey Subpoena: Failure to obey a subpoena without reasonable excuse may result in a finding of contempt by the court. Contempt may be punished by fines, imprisonment, or other sanctions.Service of Subpoenas Outside the Commonwealth: The rule provides procedures for the service of subpoenas outside the Commonwealth of Massachusetts.Service of Subpoenas on Behalf of the Commonwealth: When the Commonwealth is the party seeking evidence or witnesses, subpoenas may be issued and served by any attorney authorized to represent the Commonwealth.Notice to Parties: The rule requires that notice of the issuance of a subpoena must be given to all parties in the case.Overall, Mass. R. Crim. P. 17 is designed to ensure the efficient and fair gathering of evidence and witness testimony in criminal cases, while also providing protections for individuals subject to subpoenas. It establishes clear procedures for the issuance, service, and enforcement of subpoenas within the Massachusetts court system.As we continue to get prepared for the Karen Read trial that kicks off April 29th, we are now takign a look at the Commonwealth's memorandum in opposition to defendants motion pursusant to rule 17 of criminal precedure directed to Brian Albert, Verizon and AT&T.(commercial at 8:21)to contact me:bobbycapucci@protonmail.comsource:PDF.COMMONWEALTH - Google Drive

Beyond The Horizon
Karen Read Court Documents: The States Memorandum Pursuant To Defendants Rule 17 Motion (Part 3) (4/29/24)

Beyond The Horizon

Play Episode Listen Later Apr 29, 2024 12:21


Massachusetts Rule of Criminal Procedure 17 (Mass. R. Crim. P. 17) outlines the procedures for subpoenas in criminal cases within the Massachusetts court system. Here's a detailed summary of its key provisions:Authority and Purpose: Rule 17 derives its authority from the Massachusetts Supreme Judicial Court and is designed to facilitate the production of evidence and the summoning of witnesses in criminal proceedings.Issuance of Subpoenas: The rule allows for the issuance of subpoenas by the clerk of the court, a notary public, or any attorney authorized to practice law in Massachusetts. Subpoenas may be issued for the attendance of witnesses or the production of documents or other tangible evidence.Form and Content: Subpoenas must be issued in writing and must command the person to whom it is directed to attend and give testimony, or to produce specified documents or tangible things, at a specified time and place.Service of Subpoenas: Subpoenas may be served by any person who is not a party to the case and who is at least 18 years old. Service may be made by delivering a copy of the subpoena to the person named in it, or by leaving a copy at their residence with a person of suitable age and discretion.Witness Fees and Mileage: Witnesses who comply with a subpoena are entitled to receive witness fees and mileage reimbursement as provided by law.Protection of Persons Subject to Subpoenas: Persons subject to subpoenas may seek protection from undue burden or harassment by filing a motion with the court. The court may quash or modify a subpoena if it is unreasonable or oppressive.Contempt for Failure to Obey Subpoena: Failure to obey a subpoena without reasonable excuse may result in a finding of contempt by the court. Contempt may be punished by fines, imprisonment, or other sanctions.Service of Subpoenas Outside the Commonwealth: The rule provides procedures for the service of subpoenas outside the Commonwealth of Massachusetts.Service of Subpoenas on Behalf of the Commonwealth: When the Commonwealth is the party seeking evidence or witnesses, subpoenas may be issued and served by any attorney authorized to represent the Commonwealth.Notice to Parties: The rule requires that notice of the issuance of a subpoena must be given to all parties in the case.Overall, Mass. R. Crim. P. 17 is designed to ensure the efficient and fair gathering of evidence and witness testimony in criminal cases, while also providing protections for individuals subject to subpoenas. It establishes clear procedures for the issuance, service, and enforcement of subpoenas within the Massachusetts court system.As we continue to get prepared for the Karen Read trial that kicks off April 29th, we are now takign a look at the Commonwealth's memorandum in opposition to defendants motion pursusant to rule 17 of criminal precedure directed to Brian Albert, Verizon and AT&T.(commercial at 7:42)to contact me:bobbycapucci@protonmail.comsource:PDF.COMMONWEALTH - Google Drive

The Epstein Chronicles
Karen Read Court Documents: The States Memorandum Pursuant To Defendants Rule 17 Motion (Part 3) (4/29/24)

The Epstein Chronicles

Play Episode Listen Later Apr 29, 2024 12:21


Massachusetts Rule of Criminal Procedure 17 (Mass. R. Crim. P. 17) outlines the procedures for subpoenas in criminal cases within the Massachusetts court system. Here's a detailed summary of its key provisions:Authority and Purpose: Rule 17 derives its authority from the Massachusetts Supreme Judicial Court and is designed to facilitate the production of evidence and the summoning of witnesses in criminal proceedings.Issuance of Subpoenas: The rule allows for the issuance of subpoenas by the clerk of the court, a notary public, or any attorney authorized to practice law in Massachusetts. Subpoenas may be issued for the attendance of witnesses or the production of documents or other tangible evidence.Form and Content: Subpoenas must be issued in writing and must command the person to whom it is directed to attend and give testimony, or to produce specified documents or tangible things, at a specified time and place.Service of Subpoenas: Subpoenas may be served by any person who is not a party to the case and who is at least 18 years old. Service may be made by delivering a copy of the subpoena to the person named in it, or by leaving a copy at their residence with a person of suitable age and discretion.Witness Fees and Mileage: Witnesses who comply with a subpoena are entitled to receive witness fees and mileage reimbursement as provided by law.Protection of Persons Subject to Subpoenas: Persons subject to subpoenas may seek protection from undue burden or harassment by filing a motion with the court. The court may quash or modify a subpoena if it is unreasonable or oppressive.Contempt for Failure to Obey Subpoena: Failure to obey a subpoena without reasonable excuse may result in a finding of contempt by the court. Contempt may be punished by fines, imprisonment, or other sanctions.Service of Subpoenas Outside the Commonwealth: The rule provides procedures for the service of subpoenas outside the Commonwealth of Massachusetts.Service of Subpoenas on Behalf of the Commonwealth: When the Commonwealth is the party seeking evidence or witnesses, subpoenas may be issued and served by any attorney authorized to represent the Commonwealth.Notice to Parties: The rule requires that notice of the issuance of a subpoena must be given to all parties in the case.Overall, Mass. R. Crim. P. 17 is designed to ensure the efficient and fair gathering of evidence and witness testimony in criminal cases, while also providing protections for individuals subject to subpoenas. It establishes clear procedures for the issuance, service, and enforcement of subpoenas within the Massachusetts court system.As we continue to get prepared for the Karen Read trial that kicks off April 29th, we are now takign a look at the Commonwealth's memorandum in opposition to defendants motion pursusant to rule 17 of criminal precedure directed to Brian Albert, Verizon and AT&T.(commercial at 7:42)to contact me:bobbycapucci@protonmail.comsource:PDF.COMMONWEALTH - Google DriveBecome a supporter of this podcast: https://www.spreaker.com/podcast/the-epstein-chronicles--5003294/support.

The Moscow Murders and More
Karen Read Court Documents: The States Memorandum Pursuant To Defendants Rule 17 Motion (Part 3) (4/29/24)

The Moscow Murders and More

Play Episode Listen Later Apr 29, 2024 12:21


Massachusetts Rule of Criminal Procedure 17 (Mass. R. Crim. P. 17) outlines the procedures for subpoenas in criminal cases within the Massachusetts court system. Here's a detailed summary of its key provisions:Authority and Purpose: Rule 17 derives its authority from the Massachusetts Supreme Judicial Court and is designed to facilitate the production of evidence and the summoning of witnesses in criminal proceedings.Issuance of Subpoenas: The rule allows for the issuance of subpoenas by the clerk of the court, a notary public, or any attorney authorized to practice law in Massachusetts. Subpoenas may be issued for the attendance of witnesses or the production of documents or other tangible evidence.Form and Content: Subpoenas must be issued in writing and must command the person to whom it is directed to attend and give testimony, or to produce specified documents or tangible things, at a specified time and place.Service of Subpoenas: Subpoenas may be served by any person who is not a party to the case and who is at least 18 years old. Service may be made by delivering a copy of the subpoena to the person named in it, or by leaving a copy at their residence with a person of suitable age and discretion.Witness Fees and Mileage: Witnesses who comply with a subpoena are entitled to receive witness fees and mileage reimbursement as provided by law.Protection of Persons Subject to Subpoenas: Persons subject to subpoenas may seek protection from undue burden or harassment by filing a motion with the court. The court may quash or modify a subpoena if it is unreasonable or oppressive.Contempt for Failure to Obey Subpoena: Failure to obey a subpoena without reasonable excuse may result in a finding of contempt by the court. Contempt may be punished by fines, imprisonment, or other sanctions.Service of Subpoenas Outside the Commonwealth: The rule provides procedures for the service of subpoenas outside the Commonwealth of Massachusetts.Service of Subpoenas on Behalf of the Commonwealth: When the Commonwealth is the party seeking evidence or witnesses, subpoenas may be issued and served by any attorney authorized to represent the Commonwealth.Notice to Parties: The rule requires that notice of the issuance of a subpoena must be given to all parties in the case.Overall, Mass. R. Crim. P. 17 is designed to ensure the efficient and fair gathering of evidence and witness testimony in criminal cases, while also providing protections for individuals subject to subpoenas. It establishes clear procedures for the issuance, service, and enforcement of subpoenas within the Massachusetts court system.As we continue to get prepared for the Karen Read trial that kicks off April 29th, we are now takign a look at the Commonwealth's memorandum in opposition to defendants motion pursusant to rule 17 of criminal precedure directed to Brian Albert, Verizon and AT&T.(commercial at 7:42)to contact me:bobbycapucci@protonmail.comsource:PDF.COMMONWEALTH - Google Drive

The Moscow Murders and More
Karen Read Court Documents: The States Memorandum Pursuant To Defendants Rule 17 Motion (Part 1) (4/29/24)

The Moscow Murders and More

Play Episode Listen Later Apr 29, 2024 12:54


Massachusetts Rule of Criminal Procedure 17 (Mass. R. Crim. P. 17) outlines the procedures for subpoenas in criminal cases within the Massachusetts court system. Here's a detailed summary of its key provisions:Authority and Purpose: Rule 17 derives its authority from the Massachusetts Supreme Judicial Court and is designed to facilitate the production of evidence and the summoning of witnesses in criminal proceedings.Issuance of Subpoenas: The rule allows for the issuance of subpoenas by the clerk of the court, a notary public, or any attorney authorized to practice law in Massachusetts. Subpoenas may be issued for the attendance of witnesses or the production of documents or other tangible evidence.Form and Content: Subpoenas must be issued in writing and must command the person to whom it is directed to attend and give testimony, or to produce specified documents or tangible things, at a specified time and place.Service of Subpoenas: Subpoenas may be served by any person who is not a party to the case and who is at least 18 years old. Service may be made by delivering a copy of the subpoena to the person named in it, or by leaving a copy at their residence with a person of suitable age and discretion.Witness Fees and Mileage: Witnesses who comply with a subpoena are entitled to receive witness fees and mileage reimbursement as provided by law.Protection of Persons Subject to Subpoenas: Persons subject to subpoenas may seek protection from undue burden or harassment by filing a motion with the court. The court may quash or modify a subpoena if it is unreasonable or oppressive.Contempt for Failure to Obey Subpoena: Failure to obey a subpoena without reasonable excuse may result in a finding of contempt by the court. Contempt may be punished by fines, imprisonment, or other sanctions.Service of Subpoenas Outside the Commonwealth: The rule provides procedures for the service of subpoenas outside the Commonwealth of Massachusetts.Service of Subpoenas on Behalf of the Commonwealth: When the Commonwealth is the party seeking evidence or witnesses, subpoenas may be issued and served by any attorney authorized to represent the Commonwealth.Notice to Parties: The rule requires that notice of the issuance of a subpoena must be given to all parties in the case.Overall, Mass. R. Crim. P. 17 is designed to ensure the efficient and fair gathering of evidence and witness testimony in criminal cases, while also providing protections for individuals subject to subpoenas. It establishes clear procedures for the issuance, service, and enforcement of subpoenas within the Massachusetts court system.As we continue to get prepared for the Karen Read trial that kicks off April 29th, we are now takign a look at the Commonwealth's memorandum in opposition to defendants motion pursusant to rule 17 of criminal precedure directed to Brian Albert, Verizon and AT&T.(commercial at 8:42)to contact me:bobbycapucci@protonmail.comsource:PDF.COMMONWEALTH - Google Drive

The Moscow Murders and More
Karen Read Court Documents: The States Memorandum Pursuant To Defendants Rule 17 Motion (Part 2) (4/29/24)

The Moscow Murders and More

Play Episode Listen Later Apr 29, 2024 11:42


Massachusetts Rule of Criminal Procedure 17 (Mass. R. Crim. P. 17) outlines the procedures for subpoenas in criminal cases within the Massachusetts court system. Here's a detailed summary of its key provisions:Authority and Purpose: Rule 17 derives its authority from the Massachusetts Supreme Judicial Court and is designed to facilitate the production of evidence and the summoning of witnesses in criminal proceedings.Issuance of Subpoenas: The rule allows for the issuance of subpoenas by the clerk of the court, a notary public, or any attorney authorized to practice law in Massachusetts. Subpoenas may be issued for the attendance of witnesses or the production of documents or other tangible evidence.Form and Content: Subpoenas must be issued in writing and must command the person to whom it is directed to attend and give testimony, or to produce specified documents or tangible things, at a specified time and place.Service of Subpoenas: Subpoenas may be served by any person who is not a party to the case and who is at least 18 years old. Service may be made by delivering a copy of the subpoena to the person named in it, or by leaving a copy at their residence with a person of suitable age and discretion.Witness Fees and Mileage: Witnesses who comply with a subpoena are entitled to receive witness fees and mileage reimbursement as provided by law.Protection of Persons Subject to Subpoenas: Persons subject to subpoenas may seek protection from undue burden or harassment by filing a motion with the court. The court may quash or modify a subpoena if it is unreasonable or oppressive.Contempt for Failure to Obey Subpoena: Failure to obey a subpoena without reasonable excuse may result in a finding of contempt by the court. Contempt may be punished by fines, imprisonment, or other sanctions.Service of Subpoenas Outside the Commonwealth: The rule provides procedures for the service of subpoenas outside the Commonwealth of Massachusetts.Service of Subpoenas on Behalf of the Commonwealth: When the Commonwealth is the party seeking evidence or witnesses, subpoenas may be issued and served by any attorney authorized to represent the Commonwealth.Notice to Parties: The rule requires that notice of the issuance of a subpoena must be given to all parties in the case.Overall, Mass. R. Crim. P. 17 is designed to ensure the efficient and fair gathering of evidence and witness testimony in criminal cases, while also providing protections for individuals subject to subpoenas. It establishes clear procedures for the issuance, service, and enforcement of subpoenas within the Massachusetts court system.As we continue to get prepared for the Karen Read trial that kicks off April 29th, we are now takign a look at the Commonwealth's memorandum in opposition to defendants motion pursusant to rule 17 of criminal precedure directed to Brian Albert, Verizon and AT&T.(commercial at 7:27)to contact me:bobbycapucci@protonmail.comsource:PDF.COMMONWEALTH - Google Drive

The Epstein Chronicles
Karen Read Court Documents: The States Memorandum Pursuant To Defendants Rule 17 Motion (Part 1) (4/28/24)

The Epstein Chronicles

Play Episode Listen Later Apr 28, 2024 12:54


Massachusetts Rule of Criminal Procedure 17 (Mass. R. Crim. P. 17) outlines the procedures for subpoenas in criminal cases within the Massachusetts court system. Here's a detailed summary of its key provisions:Authority and Purpose: Rule 17 derives its authority from the Massachusetts Supreme Judicial Court and is designed to facilitate the production of evidence and the summoning of witnesses in criminal proceedings.Issuance of Subpoenas: The rule allows for the issuance of subpoenas by the clerk of the court, a notary public, or any attorney authorized to practice law in Massachusetts. Subpoenas may be issued for the attendance of witnesses or the production of documents or other tangible evidence.Form and Content: Subpoenas must be issued in writing and must command the person to whom it is directed to attend and give testimony, or to produce specified documents or tangible things, at a specified time and place.Service of Subpoenas: Subpoenas may be served by any person who is not a party to the case and who is at least 18 years old. Service may be made by delivering a copy of the subpoena to the person named in it, or by leaving a copy at their residence with a person of suitable age and discretion.Witness Fees and Mileage: Witnesses who comply with a subpoena are entitled to receive witness fees and mileage reimbursement as provided by law.Protection of Persons Subject to Subpoenas: Persons subject to subpoenas may seek protection from undue burden or harassment by filing a motion with the court. The court may quash or modify a subpoena if it is unreasonable or oppressive.Contempt for Failure to Obey Subpoena: Failure to obey a subpoena without reasonable excuse may result in a finding of contempt by the court. Contempt may be punished by fines, imprisonment, or other sanctions.Service of Subpoenas Outside the Commonwealth: The rule provides procedures for the service of subpoenas outside the Commonwealth of Massachusetts.Service of Subpoenas on Behalf of the Commonwealth: When the Commonwealth is the party seeking evidence or witnesses, subpoenas may be issued and served by any attorney authorized to represent the Commonwealth.Notice to Parties: The rule requires that notice of the issuance of a subpoena must be given to all parties in the case.Overall, Mass. R. Crim. P. 17 is designed to ensure the efficient and fair gathering of evidence and witness testimony in criminal cases, while also providing protections for individuals subject to subpoenas. It establishes clear procedures for the issuance, service, and enforcement of subpoenas within the Massachusetts court system.As we continue to get prepared for the Karen Read trial that kicks off April 29th, we are now takign a look at the Commonwealth's memorandum in opposition to defendants motion pursusant to rule 17 of criminal precedure directed to Brian Albert, Verizon and AT&T.(commercial at 8:42)to contact me:bobbycapucci@protonmail.comsource:PDF.COMMONWEALTH - Google DriveBecome a supporter of this podcast: https://www.spreaker.com/podcast/the-epstein-chronicles--5003294/support.

The Epstein Chronicles
Karen Read Court Documents: The States Memorandum Pursuant To Defendants Rule 17 Motion (Part 2) (4/28/24)

The Epstein Chronicles

Play Episode Listen Later Apr 28, 2024 11:42


Massachusetts Rule of Criminal Procedure 17 (Mass. R. Crim. P. 17) outlines the procedures for subpoenas in criminal cases within the Massachusetts court system. Here's a detailed summary of its key provisions:Authority and Purpose: Rule 17 derives its authority from the Massachusetts Supreme Judicial Court and is designed to facilitate the production of evidence and the summoning of witnesses in criminal proceedings.Issuance of Subpoenas: The rule allows for the issuance of subpoenas by the clerk of the court, a notary public, or any attorney authorized to practice law in Massachusetts. Subpoenas may be issued for the attendance of witnesses or the production of documents or other tangible evidence.Form and Content: Subpoenas must be issued in writing and must command the person to whom it is directed to attend and give testimony, or to produce specified documents or tangible things, at a specified time and place.Service of Subpoenas: Subpoenas may be served by any person who is not a party to the case and who is at least 18 years old. Service may be made by delivering a copy of the subpoena to the person named in it, or by leaving a copy at their residence with a person of suitable age and discretion.Witness Fees and Mileage: Witnesses who comply with a subpoena are entitled to receive witness fees and mileage reimbursement as provided by law.Protection of Persons Subject to Subpoenas: Persons subject to subpoenas may seek protection from undue burden or harassment by filing a motion with the court. The court may quash or modify a subpoena if it is unreasonable or oppressive.Contempt for Failure to Obey Subpoena: Failure to obey a subpoena without reasonable excuse may result in a finding of contempt by the court. Contempt may be punished by fines, imprisonment, or other sanctions.Service of Subpoenas Outside the Commonwealth: The rule provides procedures for the service of subpoenas outside the Commonwealth of Massachusetts.Service of Subpoenas on Behalf of the Commonwealth: When the Commonwealth is the party seeking evidence or witnesses, subpoenas may be issued and served by any attorney authorized to represent the Commonwealth.Notice to Parties: The rule requires that notice of the issuance of a subpoena must be given to all parties in the case.Overall, Mass. R. Crim. P. 17 is designed to ensure the efficient and fair gathering of evidence and witness testimony in criminal cases, while also providing protections for individuals subject to subpoenas. It establishes clear procedures for the issuance, service, and enforcement of subpoenas within the Massachusetts court system.As we continue to get prepared for the Karen Read trial that kicks off April 29th, we are now takign a look at the Commonwealth's memorandum in opposition to defendants motion pursusant to rule 17 of criminal precedure directed to Brian Albert, Verizon and AT&T.(commercial at 7:27)to contact me:bobbycapucci@protonmail.comsource:PDF.COMMONWEALTH - Google DriveBecome a supporter of this podcast: https://www.spreaker.com/podcast/the-epstein-chronicles--5003294/support.

Beyond The Horizon
Karen Read Court Documents: The States Memorandum Pursuant To Defendants Rule 17 Motion (Part 1) (4/27/24)

Beyond The Horizon

Play Episode Listen Later Apr 27, 2024 11:42


Massachusetts Rule of Criminal Procedure 17 (Mass. R. Crim. P. 17) outlines the procedures for subpoenas in criminal cases within the Massachusetts court system. Here's a detailed summary of its key provisions:Authority and Purpose: Rule 17 derives its authority from the Massachusetts Supreme Judicial Court and is designed to facilitate the production of evidence and the summoning of witnesses in criminal proceedings.Issuance of Subpoenas: The rule allows for the issuance of subpoenas by the clerk of the court, a notary public, or any attorney authorized to practice law in Massachusetts. Subpoenas may be issued for the attendance of witnesses or the production of documents or other tangible evidence.Form and Content: Subpoenas must be issued in writing and must command the person to whom it is directed to attend and give testimony, or to produce specified documents or tangible things, at a specified time and place.Service of Subpoenas: Subpoenas may be served by any person who is not a party to the case and who is at least 18 years old. Service may be made by delivering a copy of the subpoena to the person named in it, or by leaving a copy at their residence with a person of suitable age and discretion.Witness Fees and Mileage: Witnesses who comply with a subpoena are entitled to receive witness fees and mileage reimbursement as provided by law.Protection of Persons Subject to Subpoenas: Persons subject to subpoenas may seek protection from undue burden or harassment by filing a motion with the court. The court may quash or modify a subpoena if it is unreasonable or oppressive.Contempt for Failure to Obey Subpoena: Failure to obey a subpoena without reasonable excuse may result in a finding of contempt by the court. Contempt may be punished by fines, imprisonment, or other sanctions.Service of Subpoenas Outside the Commonwealth: The rule provides procedures for the service of subpoenas outside the Commonwealth of Massachusetts.Service of Subpoenas on Behalf of the Commonwealth: When the Commonwealth is the party seeking evidence or witnesses, subpoenas may be issued and served by any attorney authorized to represent the Commonwealth.Notice to Parties: The rule requires that notice of the issuance of a subpoena must be given to all parties in the case.Overall, Mass. R. Crim. P. 17 is designed to ensure the efficient and fair gathering of evidence and witness testimony in criminal cases, while also providing protections for individuals subject to subpoenas. It establishes clear procedures for the issuance, service, and enforcement of subpoenas within the Massachusetts court system.As we continue to get prepared for the Karen Read trial that kicks off April 29th, we are now takign a look at the Commonwealth's memorandum in opposition to defendants motion pursusant to rule 17 of criminal precedure directed to Brian Albert, Verizon and AT&T.(commercial at 7:27)to contact me:bobbycapucci@protonmail.comsource:PDF.COMMONWEALTH - Google Drive

Beyond The Horizon
Karen Read Court Documents: The States Memorandum Pursuant To Defendants Rule 17 Motion (Part 1) (4/27/24)

Beyond The Horizon

Play Episode Listen Later Apr 27, 2024 12:54


Massachusetts Rule of Criminal Procedure 17 (Mass. R. Crim. P. 17) outlines the procedures for subpoenas in criminal cases within the Massachusetts court system. Here's a detailed summary of its key provisions:Authority and Purpose: Rule 17 derives its authority from the Massachusetts Supreme Judicial Court and is designed to facilitate the production of evidence and the summoning of witnesses in criminal proceedings.Issuance of Subpoenas: The rule allows for the issuance of subpoenas by the clerk of the court, a notary public, or any attorney authorized to practice law in Massachusetts. Subpoenas may be issued for the attendance of witnesses or the production of documents or other tangible evidence.Form and Content: Subpoenas must be issued in writing and must command the person to whom it is directed to attend and give testimony, or to produce specified documents or tangible things, at a specified time and place.Service of Subpoenas: Subpoenas may be served by any person who is not a party to the case and who is at least 18 years old. Service may be made by delivering a copy of the subpoena to the person named in it, or by leaving a copy at their residence with a person of suitable age and discretion.Witness Fees and Mileage: Witnesses who comply with a subpoena are entitled to receive witness fees and mileage reimbursement as provided by law.Protection of Persons Subject to Subpoenas: Persons subject to subpoenas may seek protection from undue burden or harassment by filing a motion with the court. The court may quash or modify a subpoena if it is unreasonable or oppressive.Contempt for Failure to Obey Subpoena: Failure to obey a subpoena without reasonable excuse may result in a finding of contempt by the court. Contempt may be punished by fines, imprisonment, or other sanctions.Service of Subpoenas Outside the Commonwealth: The rule provides procedures for the service of subpoenas outside the Commonwealth of Massachusetts.Service of Subpoenas on Behalf of the Commonwealth: When the Commonwealth is the party seeking evidence or witnesses, subpoenas may be issued and served by any attorney authorized to represent the Commonwealth.Notice to Parties: The rule requires that notice of the issuance of a subpoena must be given to all parties in the case.Overall, Mass. R. Crim. P. 17 is designed to ensure the efficient and fair gathering of evidence and witness testimony in criminal cases, while also providing protections for individuals subject to subpoenas. It establishes clear procedures for the issuance, service, and enforcement of subpoenas within the Massachusetts court system.As we continue to get prepared for the Karen Read trial that kicks off April 29th, we are now takign a look at the Commonwealth's memorandum in opposition to defendants motion pursusant to rule 17 of criminal precedure directed to Brian Albert, Verizon and AT&T.(commercial at 8:42)to contact me:bobbycapucci@protonmail.comsource:PDF.COMMONWEALTH - Google Drive

The Hamilton Corner
Michigan offers homeowners $500 per month to house aliens pursuant to its “Newcomer Rental Subsidy” program.

The Hamilton Corner

Play Episode Listen Later Mar 26, 2024 48:52


Bars & Hoops
No Offseason Episode 41 Feat. Champ (My Expert Opinion) & Splash 631

Bars & Hoops

Play Episode Listen Later Feb 16, 2024 107:17


www.Barsandhoops.com Call in 516.206.0711 Download the free @barsandhoopsradio app for apple and android users. Like, Share & Subscribe to our page on all social media platforms. For interviews, promotional or business enquirers, email us at barsandhoopsradio@barsandhoops.com Copyright Disclaimer We do not own the musical copyrights to any music played during this broadcast. All music is played for promotional use only Digital Media Copyright Act l music and videos are copyrights of the original owners. Please support the artists and buy their work. We claim safe harbor under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512.  Pursuant to the DMCA, if you are a copyright holder and believe your work is being infringed upon you are required by law to adhere to the following procedure:
DMCA Compliance Policy
The DMCA requires that all notices of alleged copyright infringement must be in writing. When informing the designated agent of an alleged copyright infringement, you should:
1. Identify the copyrighted work that allegedly has been infringed. If multiple copyrighted works at a single online site are involved, please provide a list of the works on that site.
2. Describe the material that is claimed to be infringing and provide sufficient information to permit BARSANDHOOPS to locate that material.
3. Provide your contact information, including an address, telephone number, and, if available, an e-mail address.
4. Certify or include a statement that you have a good faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner's agent, or law.
5. Certify that the information that you have provided BARSANDHOOPS is accurate. You should attest under penalty of perjury that you are authorized to enforce the copyrights that you allege have been infringed.
6. Include a physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner.
BARSANDHOOPS may not be able to act on your complaint promptly or at all if you do not provide the information required in the “Contents of Notice.”
Before you allege an infringement, you should consult copyright materials to confirm that the use is, in fact, infringing. The United States Copyright Office provides basic information that can help you determine whether an exception or defense, such as fair use, may apply to the use of your copyrighted work. Notice, Takedown, and Putback Procedure
BARSANDHOOPS expects all users of its system to comply with applicable copyright laws. If BARSANDHOOPS  receives notice of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond appropriately, which may include removing or disabling access to the material that is claimed to be infringing. BARSANDHOOPS  will follow the procedures outlined in the Digital Millennium Copyright Act as to notifications of users and the complaining parties, acceptance of counter notifications, takedown and/or putback of the alleged infringing material.
Notification Agent
Pursuant to the DMCA, Bars & Hoops LLC has designated an agent to receive notification of alleged copyright infringement occurring on Web pages or computer servers. If you believe that your copyrighted work is being infringed on a Barsandhoops site, please notify our designated agent, preferably by email, at: EMAIL: BARSANDHOOPSRADIO@BARSANDHOOPSRADIO.COM

Bars & Hoops
NO OFFSEASON EPISODE 42 FEAT. COACH TUTT

Bars & Hoops

Play Episode Listen Later Feb 16, 2024 117:12


www.Barsandhoops.com Call in 516.206.0711 Download the free @barsandhoopsradio app for apple and android users. Like, Share & Subscribe to our page on all social media platforms. For interviews, promotional or business enquirers, email us at barsandhoopsradio@barsandhoops.com Copyright Disclaimer We do not own the musical copyrights to any music played during this broadcast. All music is played for promotional use only Digital Media Copyright Act l music and videos are copyrights of the original owners. Please support the artists and buy their work. We claim safe harbor under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512.  Pursuant to the DMCA, if you are a copyright holder and believe your work is being infringed upon you are required by law to adhere to the following procedure:
DMCA Compliance Policy
The DMCA requires that all notices of alleged copyright infringement must be in writing. When informing the designated agent of an alleged copyright infringement, you should:
1. Identify the copyrighted work that allegedly has been infringed. If multiple copyrighted works at a single online site are involved, please provide a list of the works on that site.
2. Describe the material that is claimed to be infringing and provide sufficient information to permit BARSANDHOOPS to locate that material.
3. Provide your contact information, including an address, telephone number, and, if available, an e-mail address.
4. Certify or include a statement that you have a good faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner's agent, or law.
5. Certify that the information that you have provided BARSANDHOOPS is accurate. You should attest under penalty of perjury that you are authorized to enforce the copyrights that you allege have been infringed.
6. Include a physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner.
BARSANDHOOPS may not be able to act on your complaint promptly or at all if you do not provide the information required in the “Contents of Notice.”
Before you allege an infringement, you should consult copyright materials to confirm that the use is, in fact, infringing. The United States Copyright Office provides basic information that can help you determine whether an exception or defense, such as fair use, may apply to the use of your copyrighted work. Notice, Takedown, and Putback Procedure
BARSANDHOOPS expects all users of its system to comply with applicable copyright laws. If BARSANDHOOPS  receives notice of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond appropriately, which may include removing or disabling access to the material that is claimed to be infringing. BARSANDHOOPS  will follow the procedures outlined in the Digital Millennium Copyright Act as to notifications of users and the complaining parties, acceptance of counter notifications, takedown and/or putback of the alleged infringing material.
Notification Agent
Pursuant to the DMCA, Bars & Hoops LLC has designated an agent to receive notification of alleged copyright infringement occurring on Web pages or computer servers. If you believe that your copyrighted work is being infringed on a Barsandhoops site, please notify our designated agent, preferably by email, at: EMAIL: BARSANDHOOPSRADIO@BARSANDHOOPSRADIO.COM

Beyond The Horizon
Ghislaine Maxwell's Undisputed Statement Of Facts Pursuant To Virginia's Allegations (Part 2) (1/20/24)

Beyond The Horizon

Play Episode Listen Later Jan 20, 2024 20:51


Our look at the unredacted Epstein related files continues in this episode as we are now taking a look at Ghislaine Maxwell's statement of undisputable facts pursuant to local civil rule 56.1.(commercial at 10:24)to contact me:bobbycapucci@protonmail.comsource:Epstein Docs - DocumentCloud

Beyond The Horizon
Ghislaine Maxwell's Undisputed Statement Of Facts Pursuant To Virginia's Allegations (Part 1) (1/20/24)

Beyond The Horizon

Play Episode Listen Later Jan 20, 2024 12:35


Our look at the unredacted Epstein related files continues in this episode as we are now taking a look at Ghislaine Maxwell's statement of undisputable facts pursuant to local civil rule 56.1.(commercial at 8:22)to contact me:bobbycapucci@protonmail.comsource:Epstein Docs - DocumentCloud

The Epstein Chronicles
Ghislaine Maxwell's Undisputed Statement Of Facts Pursuant To Virginia's Allegations (Part 2) (1/19/24)

The Epstein Chronicles

Play Episode Listen Later Jan 19, 2024 20:51


Our look at the unredacted Epstein related files continues in this episode as we are now taking a look at Ghislaine Maxwell's statement of undisputable facts pursuant to local civil rule 56.1.(commercial at 10:24)to contact me:bobbycapucci@protonmail.comsource:Epstein Docs - DocumentCloud

The Epstein Chronicles
Ghislaine Maxwell's Undisputed Statement Of Facts Pursuant To Virginia's Allegations (Part 1) (1/19/24)

The Epstein Chronicles

Play Episode Listen Later Jan 19, 2024 12:35


Our look at the unredacted Epstein related files continues in this episode as we are now taking a look at Ghislaine Maxwell's statement of undisputable facts pursuant to local civil rule 56.1.(commercial at 8:22)to contact me:bobbycapucci@protonmail.comsource:Epstein Docs - DocumentCloud

Beyond The Horizon
Jane Doe # 3 And Jane Doe # 4 And The Motion Pursuant To A Rule 21 Joinder In Action (1/16/24)

Beyond The Horizon

Play Episode Listen Later Jan 16, 2024 15:19


The disgusting journey through the sewers known as the Jeffrey Epstein court documents continues this episode as we take a look at Jane Doe #3 and Jane Doe # 4's motion to pursuant to rule 21 for joinder in action.(commercial at 9:39)to contact me:bobbycapucci@protonmail.comsource:Jeffrey Epstein list: See all 40 unsealed documents (foxnews.com)

The Epstein Chronicles
Jane Doe # 3 And Jane Doe # 4 And The Motion Pursuant To A Rule 21 Joinder In Action (1/16/24)

The Epstein Chronicles

Play Episode Listen Later Jan 16, 2024 15:19


The disgusting journey through the sewers known as the Jeffrey Epstein court documents continues this episode as we take a look at Jane Doe #3 and Jane Doe # 4's motion to pursuant to rule 21 for joinder in action.(commercial at 9:39)to contact me:bobbycapucci@protonmail.comsource:Jeffrey Epstein list: See all 40 unsealed documents (foxnews.com)

Bernie-2020
Part 3: Application instituting proceedings in the name of the Republic of South Africa against the State of Israel . Pursuant to Article 41.

Bernie-2020

Play Episode Listen Later Jan 5, 2024 49:22


YCBN 098 - Part 3: Application instituting proceedings in the name of the Republic of South Africa against the State of Israel . Pursuant to Article 41. IV. THE CLAIMS OF SOUTH AFRICA VI. REQUEST FOR PROVISIONAL MEASURES VII. RESERVATION OF RIGHTS VIII. APPOINTMENT OF AGENT YouCantBeNeutral.com MovingTrainMedia.com movingtrainradio.com

Bernie-2020
Part 1: Application instituting proceedings in the name of the Republic of South Africa against the State of Israel . Pursuant to Article 41.

Bernie-2020

Play Episode Listen Later Dec 31, 2023 92:17


Part 1: Application instituting proceedings in the name of the Republic of South Africa against the State of Israel . Pursuant to Article 41. (pp. 1 - 29) I. Introduction II. Jurisdiction of the Court III. The Facts A Introduction B Background YouCantBeNeutral.com MovingTrainMedia.com movingtrainradio.com

Bernie-2020
Part 2: Application instituting proceedings in the name of the Republic of South Africa against the State of Israel . Pursuant to Article 41.

Bernie-2020

Play Episode Listen Later Dec 31, 2023 108:07


YCBN 097 - Part 2: Application instituting proceedings in the name of the Republic of South Africa against the State of Israel . Pursuant to Article 41. III. The Facts C. Genocidal Acts Committed against the Palestinian People D. Expressions of Genocidal Intent against the Palestinian People by Israeli State Officials and Others E. Recognition of Israel's genocidal intent against Palestinians YouCantBeNeutral.com MovingTrainMedia.com movingtrainradio.com

Go Beyond: The Pursuant Listening Experience for Nonprofits
How Charity Navigator Is Leveling the Nonprofit Playing Field

Go Beyond: The Pursuant Listening Experience for Nonprofits

Play Episode Listen Later Oct 25, 2023 23:42


In the highly competitive nonprofit world, your organization needs a way to show that you're a high-performing charity in your sector. Similarly, it can be hard for donors to find nonprofits that align with their values. Charity Navigator stands as a unique solution for both. Charity Navigator is the nation's largest not-for-profit rating organization. For more than 20 years, the free website has rated charities based on their 990 tax form information. However, recent changes to the rating system are giving users a more holistic view of a charity and leveling the playing field for smaller nonprofits. In this episode, we're talking with Laura Andes, Chief Program Officer for Charity Navigator, about the changes. We're also joined by Amy Warren, Associate Vice President of Product Solutions at Pursuant and Allegiance Group.

RTP's Free Lunch Podcast
Deep Dive 283 - Loper Bright and the Next Steps for Chevron Deference at the Supreme Court

RTP's Free Lunch Podcast

Play Episode Listen Later Oct 23, 2023 59:26


This Term, the Supreme Court will hear Loper Bright Enterprises v. Raimondo—a case concerning judicial deference to agency interpretations of ambiguous statutes. Pursuant to Chevron v. NRDC and follow-on cases, courts defer to agency interpretations of ambiguous statutes. Loper Bright offers the Court an opportunity to abandon Chevron deference entirely. But the phrasing of the Question presented in Loper Bright also presents an off-ramp for the Court, allowing it to keep Chevron's framework intact. How the Court resolves Loper Bright will have massive implications for administrative law. On this panel, three distinguished administrative law scholars discuss the task before the Court in Loper Bright and the future of Chevron deference.Featuring:Prof. Nicholas Bagley, Professor of Law, University of Michigan Law SchoolProf. Christopher J. Walker, Professor of Law, University of Michigan Law SchoolProf. Ilan Wurman, Associate Professor, Sandra Day O'Connor College of Law, Arizona State University(Moderator) Eli Nachmany, Former Law Clerk to Hon. Steven J. Menashi, U.S. Court of Appeals for the Second Circuit*******As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

university law professor court supreme court deep dive associate professor bright next steps appeals chevron federalism federalist society raimondo deference nrdc loper pursuant loper bright enterprises loper bright nicholas bagley christopher j walker administrative law & regulatio federalism & separation of pow environmental & energy law regulatory transparency projec
The Ricochet Audio Network Superfeed
The Federalist Society's Teleforum: Loper Bright and the Next Steps for Chevron Deference at the Supreme Court

The Ricochet Audio Network Superfeed

Play Episode Listen Later Oct 19, 2023


This Term, the Supreme Court will hear Loper Bright Enterprises v. Raimondo—a case concerning judicial deference to agency interpretations of ambiguous statutes. Pursuant to Chevron v. NRDC and follow-on cases, courts defer to agency interpretations of ambiguous statutes. Loper Bright offers the Court an opportunity to abandon Chevron deference entirely. But the phrasing of the […]

Teleforum
Loper Bright and the Next Steps for Chevron Deference at the Supreme Court

Teleforum

Play Episode Listen Later Oct 19, 2023 58:53


This Term, the Supreme Court will hear Loper Bright Enterprises v. Raimondo—a case concerning judicial deference to agency interpretations of ambiguous statutes. Pursuant to Chevron v. NRDC and follow-on cases, courts defer to agency interpretations of ambiguous statutes. Loper Bright offers the Court an opportunity to abandon Chevron deference entirely. But the phrasing of the Question presented in Loper Bright also presents an off-ramp for the Court, allowing it to keep Chevron's framework intact. How the Court resolves Loper Bright will have massive implications for administrative law. On this panel, three distinguished administrative law scholars discuss the task before the Court in Loper Bright and the future of Chevron deference.Featuring:--Prof. Nicholas Bagley, Professor of Law, University of Michigan Law School--Prof. Christopher J. Walker, Professor of Law, University of Michigan Law School--Prof. Ilan Wurman, Associate Professor, Sandra Day O'Connor College of Law, Arizona State University--(Moderator) Eli Nachmany, Former Law Clerk to Hon. Steven J. Menashi, U.S. Court of Appeals for the Second Circuit

Go Beyond: The Pursuant Listening Experience for Nonprofits
Zeroing in on Your Mission — and the Tough Choices That Come Next

Go Beyond: The Pursuant Listening Experience for Nonprofits

Play Episode Listen Later Oct 17, 2023 31:26


You know your organization's mission and likely have some successful programs. But when you step back and look at the big picture of what you want to achieve, are your programs moving the needle? Or is there a way you can make an even bigger impact, even if it means significant (and maybe scary) internal changes? On this Go Beyond Fundraising podcast episode, Whitney Norman, Pursuant's Vice President of Client Solutions, chats with Michelle Romero, Chief Strategy Officer at Dream.org. Michelle has been leading some meaningful conversations about what transformative change is and how organizations can approach it authentically. Let's dig in.