Pure H20 Bio-Technologies, Inc. (Plaintiff) Announces Motion Granted for Partial Summary Judgment.BOCA RATON Boca Raton (bō`kə rətōn`), city (1990 pop. 61,492), Palm Beach co., SE Fla., on the Atlantic; inc. 1925. Boca Raton is a popular resort and retirement community that experienced significant industrial development in the 1970s and 80s. , Fla. -- Pure H20 Bio-Technologies, Inc. (PINK SHEETS: PHBT PHBT pseudomorphic heterojunction bipolar transistor ), Plaintiff, today announced receipt of an order dated September 6, 2005 by the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. Federal Bankruptcy Court bankruptcy court n. the specialized Federal court in which bankruptcy matters under the Federal Bankruptcy Act are conducted. There are several bankruptcy courts in each state, and each one's territory covers several counties. Western District of Kentucky, Louisville Division Granted Pure H20 Bio-Technologies (PHBT) Motion for Partial Summary Judgment and finds that the civil theft debt attributable to the Florida Circuit Court is nondischargeable. It was Ordered by the Honorable Judge Thomas H. Fulton that this matter before the Court on PHBT's Renewed Motion for Partial Summary Judgment Against Joseph Anthony This article is about the American playwright and director. For the U.S. Representative from Pennsylvania, see Joseph Biles Anthony. Joseph Anthony (May 24, 1912– January 20, 1993) was an American playwright and director. Mazziotti's (Debtor) Memorandum in Opposition to Motion for Partial Summary Judgment, and PHBT's Reply Memorandum in Support of Renewed Motion for Partial Summary Judgment Against Joseph Anthony Mazziotti. PHBT is seeking a partial summary judgment finding based on collateral estoppel A doctrine by which an earlier decision rendered by a court in a lawsuit between parties is conclusive as to the issues or controverted points so that they cannot be relitigated in subsequent proceedings involving the same parties. that a civil theft default judgment owed to it by the Debtor Mazziotti is nondischargeable under 11 U.S.C. 523(a)(2)(A) and (a)(4). This court previously issued an Order and Memorandum-Opinion on September 30, 2004, granting in part and denying in part PHBT's Motion for Summary Judgment motion for summary judgment n. a written request for a judgment in the moving party's favor before a lawsuit goes to trial and based on recorded (testimony outside court) affidavits (or declarations under penalty of perjury), depositions, admissions of fact, answers . As stated in the September 30 Order, H20 brought suit against the Debtor for various causes of action, including fraud, breach of contract, breach of fiduciary duty, money lent MONEY LENT. In actions of assumpsit a count is frequently introduced in the declaration charging that the defendant promised to pay the plaintiff for money lent. To recover, the plaintiff must prove that the defendant received his money, but it is not indispensable that it should be , and civil theft in the Florida Circuit Court. PHBT was granted a default judgment against the Debtor in the amount of $839,619.50 for fraud, breach of contract, breach of fiduciary duty and money lent, and triple damages for civil theft totaling $57,000. In September 30 Order, this Court found that the doctrine of collateral estoppel precluded the Debtor from relitigating the issue of fraud before the bankruptcy court. The Court, however, refused at that time to determine the amount of the damages award attributable to fraud count that could be held nondischargeable. PHBT is currently before the court seeking a determination that, based on collateral estoppel, the Debtor similarly cannot attempt to relitigate the civil theft award and that the damages is nondischargeable under 11U.S.C. 523(a)(2)(A) and 523(a)(4). In the September 30 Order, this Court exercised proceeding abstention ABSTENTION, French law. This is the tacit renunciation by an heir of a succession Merl. Rep. h.t. as to the amount of damages attributable to fraud, and sent the case back to the Florida Circuit Court to allow it to collectively or proportionally allocate the total damage award among the various counts in the complaint. The Florida Circuit Court has subsequently declined to "go behind" the jury's verdict to allocate the damages. This Court will, therefore, hold a hearing at a later time to allocate what damages from the State Court adjudication The legal process of resolving a dispute. The formal giving or pronouncing of a judgment or decree in a court proceeding; also the judgment or decision given. The entry of a decree by a court in respect to the parties in a case. are attributable to fraud. About PHBT: PHBT is a publicly held company specializing in the research, development and commercialization of its unique residential and commercial water disinfection disinfection, n the process of destroying pathogenic organisms or rendering them inert. disinfection, full oral cavity, n a procedure used to reduce active periodontal disease, usually completed within a certain short time frame. systems. The company intends to commence the manufacture and distribution of its products through a network of independent distributors. The foregoing press release contains forward-looking statements that can be identified by such terminology as expects, potential, suggests, may, intends, or similar expressions. Such forward-looking statements involve known risks, uncertainties, and other factors that may cause the actual results to be materially different from any future results, performance or achievements expressed or implied by such statements. In particular, management expectations regarding future research, development, and or commercial results could be affected by, among other things, uncertainties relating to the availability of future financing, unexpected regulatory delays or government regulation generally, the company's ability to obtain or maintain patent and other proprietary intellectual protection, and competition in general. Forward-looking statements speak only as to the date they are made. The Company does not undertake to update forward-looking statements to reflect circumstances or events that occur after the date the forward-looking statements are made. |
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