RE:RE:More UtahJust because Izatt files affidavits doesn't mean that he is going to win a decision and sooner or later the court is going to put an end to all of this. The only question is how long the court is going to put up with his antics.
As an example Judge Nielsen did actually make a reasonable ruling and I believe got an insight into Izatt with the termination of the TRO.
Izatt issued another misleading PR (surely his counsel knew better) Oct 29, 2019 that:
IBC Advanced Technologies, Inc. ("IBC" or "Plaintiff") updates that in a hearing on October 28, 2019, the Utah Fourth District Court left in place the temporary restraining order ("TRO") it had entered on October 18, 2019 against Michael L. Schrider, Chief Operating Officer of Ucore Rare Metals, Inc. ("Ucore") and 6th Wave Innovations Corp. ("6th Wave") ("Defendants"). Defendant Schrider had attempted to get the TRO dissolved, but the motion was not heard, as IBC's complaint, filed on October 18, 2019, against the Defendants ("Complaint") will now be removed to the U.S. Federal Court, District of Utah to determine if the TRO will continue or if a preliminary injunction will be entered.
BUT Judge Nielsen in a Status Conference before him on Oct. 31, 2019
https://www.pacermonitor.com/view/P7Y522I/IBC_Advanced_Technologies_v_6th_Wave_Innovations_et_al__utdce-19-00826__0058.1.pdf ruled:
This TRO under state law was only issued for 10 days. Under Utah state timing Rule of Civil Procedure, you count intervening holidays and weekends. 10 days expired on Monday. There is no rule or statute that says that it extends other than as ordered by the state court. In fact the Supreme Court case I just cited to you says it only stays in effect no longer than it would have remained in effect under state law. ...
Based on the filings and the Supreme Court's decision in Granny Goose Foods Incorporated versus Brotherhood of Teamsters and Auto Truck Drivers Local Number 70 of Alameda County, 415 U.S. 423, 1974, the court finds that the ex-parte temporary restraining order issued by the Utah Court has expired by its own terms.
The Utah Court entered its temporary restraining order on October 18th, 2019 at 4:22 p.m. The court set the temporary restraining order to expire 10 days after the date and time it is issued. Hence the temporary restraining order was set to expire on October 28th, 2019, at 4:22 p.m.
...
And contrary to plaintiff's (IBC's) assertion that its temporary restraining order was extended by four days because the case was removed, and I am quoting, quote, the full force and effect provided state court orders after removal of the case to federal court under 28 U.S.C. Section 1450 was not intended to be more than the force and effect the orders would have had in state court.
...
Therefore, the temporary restraining order only remained in effect until October 28th, 2019, at 4:22 p.m. And since this court did not extend it before it expired, the TRO issued by the Utah State Court has expired and is no longer in effect and it is so ordered.