Wednesday, November 30, 2011

Status of Betancourt litigation: Wael asks US Federal Court for ruling of summary judgement because he claims everything he repesented to the court is an undisputed fact and everything Betancourt represented to the court has absolutely no basis or validity. Also, BTU Power Company's "...vital relationship with its roster of international, institutional investors."

Bottom line, Betancourt has to submit an opposition to Wael Al Mazeedi's motion for summary judgement for the following reasons:

Wael is asking the judge to rule absolutely in his favor regarding 1) the complaint he filed against Betancourt and 2) Betancourt's counterclaims against him; because, as Wael claims, that there are no disputes as to the facts.  
    • He is representing that everything he has told is the absolute truth and has been proved already through discovery.  
    • The corollary to the previous statement is his claim that Betancourt has stated nothing but lies in his defense and his counterclaims and that this has been proved through discovery. 
      • The following statement, from WilmerHale and Wael Al Mazeedi, knowing what we know now about the status of Wael Al Mazeedi's "...relationships with its roster of international, institutional investors" is great.  From the MOTION TO PLACE UNDER SEAL THE SECOND AFFIDAVIT OF DEFENDANT MARTIN BETANCOURT
        • It appears, rather, that the predominant purpose of the Second Affidavit is to take advantage of this Court and of this Court’s clerk’s office as a new, arguably privileged platform from which Betancourt can continue to broadcast his long-running campaign of vilification designed to disrupt BTU’s vital relationships with its roster of international, institutional investors [Observation:  How has the relationship with the roster of international, institutional investors (e.g. Qatar National Bank, Qatar Investment Authority, Dubai Islamic Bank, etc.) been disrupted.... because WAM's been "jerking them around" and "ripping them off" for more than a half decade.]
        • 5. the Second Affidavit is extraordinary because of its larger, unacknowledged purpose. Although it drastically undermines his position in this litigation, Betancourt uses the Second Affidavit to pursue, through this Court, his longstanding campaign to subvert BTU and to destroy its reputation among its investors. Fully eleven pages of his twenty-one page affidavit are devoted to a detailed account of alleged wrongdoing on the part of BTU and its chairman, allegedly contrary to the interests if its investors. Betancourt’s tall tales of corporate skullduggery, extending back to years before he even joined BTU  
      • The following is from the QATAR INVESTMENT AUTHORITY'S PETITION TO THE GRAND COURT OF THE CAYMAN ISLANDS TO WIND-UP (i.e. liquidate) BTU POWER COMPANY.
        • The Manager and Almazeedi have consistently refused to provide the Petitioners and the Supporting Preference Shareholders with crucial information pertaining to their investments in the Company to which they are contractually entitled.
        • In breach of its contractual obligations, the Company (acting through Almazeedi) refuses to allow the Petitioners to exercise their audit rights in a timely fashion, or at all.
        • The relationship between the Company, Almazeedi and the Manager, on the one hand, and the Petitioners and the Supporting Preference Shareholders, on the other hand, has irretrievably broken down. The Petitioners and the Supporting Preference Shareholders have justifiably lost all confidence in Almazeedi and the Manager to manage the Company's affairs and its investments in the best interests of the Preference Shareholders.
        • The Manager and Almazeedi are misusing their positions to benefit themselves to the detriment of the Company and the Preference Shareholders.
        • Other than by presenting the Petition, due to their limited voting rights, the Petitioners and the Supporting Preference Shareholders have no ability to remove Almazeedi and/or the Manager.
        • Since the inception of the Company, the Manager and Almazeedi have distributed to the Petitioners only US$576,000 in dividends (despite the Company's underlying assets generating substantial earnings during that time). 
          • In stark contrast during this time the Manager and Almazeedi have apparently spent Company funds in an amount of approximately US$12- $15m on expenses relating to an exit or restructuring of the Company; and
          • borrowed an additional US$9.3m from the Company.
The deadline for Betancourt's opposition is December 16, 2011.

The following is the entire court docket to date for the Betancourt litigation.  It exemplifies perfectly Wael Al Mazeedi's approach to pretty much anything and anybody that stands in the way of his appropriation of the Middle East investors' cash flow:
"Use money that does not belong to him to litigate to death anybody that challenges him regarding the misuse of that money."
It will soon be three years since Al Mazeedi initiated this particular litigation. As can be seen below, hundreds of documents (totaling thousands of pages) have been filed.
  • Undoubtedly X millions of dollars of the Middle East investors' money has been spent by Wael Al Mazeedi on WilmerHale, FoleyHoag, and Leonard Learner to prosecute this litigation.
  • Undoubtedly XXX thousands of dollars of Betancourt's personal money has been spent by him to defend himself.
1:09-cv-10058-JLT BTU Ventures, Inc. et al v. Betancourt



Joseph L. Tauro, presiding
Marianne B. Bowler, referral
Date filed: 01/15/2009
Date of last filing: 11/22/2011

History


Doc.
No.
Dates Description

Filed & Entered:  01/15/2009
Docket Text Notice of Case Assignment

Filed & Entered:  01/15/2009
Docket Text Order on Motion for TRO

Filed & Entered:  01/15/2009
Docket Text Filing Fee/Payment Received
1
Filed & Entered:  01/15/2009
Docket Text Complaint
2
Filed & Entered:  01/15/2009
Terminated: 01/15/2009
Docket Text Motion for TRO
3
Filed & Entered:  01/15/2009
Docket Text Memorandum in Support of Motion
4
Filed & Entered:  01/15/2009
Docket Text Affidavit
5
Filed & Entered:  01/15/2009
Docket Text Affidavit
6
Filed & Entered:  01/15/2009
Docket Text Certificate of Consultation pursuant to LR 7.1
7
Filed & Entered:  01/15/2009
Docket Text Corporate Disclosure Statement
8
Filed & Entered:  01/15/2009
Docket Text Corporate Disclosure Statement
9
Filed & Entered:  01/15/2009
Docket Text Summons Issued
10
Filed & Entered:  01/16/2009
Terminated: 02/11/2009
Docket Text Motion for Order
11
Filed & Entered:  01/20/2009
Docket Text Summons Returned Executed

Filed & Entered:  01/22/2009
Docket Text Notice of Hearing

Filed & Entered:  01/29/2009
Docket Text Order on Motion to Continue
12
Filed & Entered:  01/29/2009
Docket Text Notice of Appearance
13
Filed & Entered:  01/29/2009
Terminated: 01/29/2009
Docket Text Motion to Continue
14
Filed & Entered:  02/05/2009
Terminated: 02/23/2009
Docket Text Motion to Dismiss
15
Filed & Entered:  02/05/2009
Docket Text Memorandum in Support of Motion
16
Filed & Entered:  02/09/2009
Docket Text Memorandum in Opposition to Motion
17
Filed & Entered:  02/10/2009
Docket Text Affidavit in Support

Filed & Entered:  02/11/2009
Docket Text Motion Hearing

Filed & Entered:  02/11/2009
Docket Text Order on Motion for Order

Filed & Entered:  02/11/2009
Docket Text Order on Motion to Dismiss
18
Filed: 02/11/2009
Entered: 02/12/2009
Docket Text Notice of Appearance

Filed: 02/23/2009
Entered: 03/03/2009
Docket Text Terminate Motions
19
Filed & Entered:  02/23/2009
Docket Text Memorandum & ORDER
20
Filed & Entered:  02/23/2009
Docket Text Temporary Restraining Order
21
Filed & Entered:  03/05/2009
Terminated: 03/06/2009
Docket Text Motion to Modify
23
Filed: 03/05/2009
Entered: 03/11/2009
Docket Text Sealed document

Filed & Entered:  03/06/2009
Docket Text Order on Motion for Modification
22
Filed & Entered:  03/06/2009
Docket Text Affidavit

Filed & Entered:  03/11/2009
Docket Text Electronic Endorsement (non-order)
24
Filed & Entered:  03/17/2009
Docket Text Transcript
25
Filed & Entered:  03/17/2009
Docket Text Notice of Filing of Official Transcript
26
Filed & Entered:  04/01/2009
Docket Text Notice of Appearance
27
Filed & Entered:  04/01/2009
Docket Text Notice of Withdrawal of Appearance
28
Filed & Entered:  04/27/2009
Terminated: 04/30/2009
Docket Text Motion for Miscellaneous Relief
29
Filed & Entered:  04/27/2009
Terminated: 04/29/2009
Docket Text Motion for Miscellaneous Relief

Filed & Entered:  04/28/2009
Docket Text Notice of correction to docket made by Court staff

Filed: 04/29/2009
Entered: 04/30/2009
Docket Text Order on Motion for Miscellaneous Relief
30
Filed: 04/29/2009
Entered: 04/30/2009
Docket Text Order

Filed & Entered:  04/30/2009
Docket Text Order on Motion for Miscellaneous Relief
31
Filed & Entered:  05/20/2009
Docket Text Mail Returned
32
Filed & Entered:  06/18/2009
Docket Text Affidavit

Filed & Entered:  06/19/2009
Docket Text Order on Motion to Seal Document
33
Filed & Entered:  06/19/2009
Terminated: 06/19/2009
Docket Text Motion to Seal Document
34
Filed & Entered:  07/06/2009
Docket Text Stipulation
35
Filed & Entered:  07/10/2009
Docket Text Amended Complaint
36
Filed & Entered:  07/17/2009
Terminated: 07/24/2009
Docket Text Motion for Extension of Time to File Answer
37
Filed & Entered:  07/23/2009
Docket Text Response

Filed & Entered:  07/24/2009
Docket Text Order on Motion for Extension of Time to Answer
38
Filed & Entered:  08/04/2009
Docket Text Notice of Appearance
39
Filed & Entered:  08/25/2009
Docket Text Notice of Withdrawal of Appearance
40
Filed & Entered:  08/27/2009
Docket Text Answer to Amended Complaint
41
Filed & Entered:  08/28/2009
Docket Text Sealed document
42
Filed & Entered:  09/01/2009
Docket Text Summons Issued
43
Filed & Entered:  09/04/2009
Docket Text Certificate of Service pursuant to LR 5.2
44
Filed & Entered:  09/15/2009
Terminated: 09/22/2009
Docket Text Motion for Extension of Time
45
Filed & Entered:  09/21/2009
Docket Text Notice of Appearance

Filed & Entered:  09/22/2009
Docket Text Order on Motion for Extension of Time
46
Filed & Entered:  09/22/2009
Docket Text Notice of Withdrawal of Appearance
47
Filed & Entered:  10/07/2009
Terminated: 04/13/2010
Docket Text Motion to Dismiss
48
Filed & Entered:  10/07/2009
Docket Text Memorandum in Support of Motion
49
Filed & Entered:  10/19/2009
Terminated: 10/21/2009
Docket Text Motion for Extension of Time

Filed & Entered:  10/21/2009
Docket Text Order on Motion for Extension of Time

Filed & Entered:  10/21/2009
Docket Text Set/Reset Motion and R&R Deadlines/Hearings
50
Filed & Entered:  11/13/2009
Docket Text Memorandum in Opposition to Motion
51
Filed & Entered:  01/15/2010
Terminated: 04/13/2010
Docket Text Motion to Amend
52
Filed: 04/13/2010
Entered: 04/15/2010
Docket Text Order on Motion to Dismiss
53
Filed & Entered:  04/26/2010
Terminated: 12/07/2010
Docket Text Motion to Dismiss
54
Filed & Entered:  04/26/2010
Docket Text Memorandum in Support of Motion
55
Filed & Entered:  05/10/2010
Docket Text Opposition to Motion
56
Filed: 08/03/2010
Entered: 08/04/2010
Docket Text Waiver of Service Executed
57
Filed & Entered:  10/13/2010
Docket Text Joint submission
58
Filed & Entered:  10/22/2010
Docket Text Notice of Scheduling Conference
59
Filed & Entered:  10/22/2010
Docket Text Order
60
Filed & Entered:  11/22/2010
Docket Text Certification pursuant to Local Rule 16.1
61
Filed & Entered:  11/22/2010
Docket Text Letter/request (non-motion)
62
Filed & Entered:  12/02/2010
Docket Text Joint submission
63
Filed & Entered:  12/02/2010
Docket Text JOINT STATEMENT re scheduling conference
64
Filed & Entered:  12/02/2010
Docket Text Certification pursuant to Local Rule 16.1

Filed & Entered:  12/07/2010
Docket Text Scheduling Conference
65
Filed: 12/07/2010
Entered: 12/08/2010
Docket Text Order on Motion to Dismiss

Filed & Entered:  12/08/2010
Docket Text Set Deadlines/Hearings:
66
Filed & Entered:  12/08/2010
Docket Text Order Referring Case to Magistrate Judge
67
Filed & Entered:  12/27/2010
Docket Text Counterclaim
68
Filed & Entered:  12/29/2010
Docket Text Answer to Counterclaim

Filed & Entered:  03/14/2011
Docket Text Order on Motion to Seal

Filed & Entered:  03/29/2011
Docket Text Notice of Hearing on Motion
73
Filed & Entered:  04/04/2011
Terminated: 04/05/2011
Docket Text Motion to Withdraw as Attorney
74
Filed & Entered:  04/04/2011
Docket Text Notice of Appearance
75
Filed & Entered:  04/04/2011
Docket Text Notice of Appearance
76
Filed & Entered:  04/04/2011
Docket Text Notice of Appearance

Filed & Entered:  04/05/2011
Docket Text Order on Motion to Withdraw as Attorney

Filed & Entered:  04/06/2011
Docket Text Notice (Other)
77
Filed & Entered:  04/08/2011
Terminated: 04/11/2011
Docket Text Motion to Continue

Filed & Entered:  04/11/2011
Docket Text Order on Motion to Continue

Filed & Entered:  04/11/2011
Docket Text Notice of Hearing on Motion
78
Filed & Entered:  04/21/2011
Terminated: 04/22/2011
Docket Text Motion for Extension of Time to Complete Discovery

Filed & Entered:  04/22/2011
Docket Text Order on Motion for Extension of Time to Complete Discovery

Filed & Entered:  04/26/2011
Docket Text Order on Sealed Motion

Filed: 04/26/2011
Entered: 04/27/2011
Docket Text Motion Hearing

Filed & Entered:  05/04/2011
Docket Text Set/Reset Scheduling Order Deadlines
79
Filed & Entered:  05/27/2011
Terminated: 06/01/2011
Docket Text Motion to Continue

Filed & Entered:  06/01/2011
Docket Text Order on Motion to Continue

Filed & Entered:  06/02/2011
Docket Text Notice Resetting Hearings
80
Filed & Entered:  06/22/2011
Terminated: 06/23/2011
Docket Text Motion for Protective Order

Filed & Entered:  06/23/2011
Docket Text Order on Motion for Protective Order
81
Filed & Entered:  06/23/2011
Docket Text Protective Order
82
Filed & Entered:  07/01/2011
Terminated: 08/03/2011
Docket Text Motion to Compel
83
Filed & Entered:  07/01/2011
Docket Text Memorandum in Support of Motion
84
Filed & Entered:  07/01/2011
Docket Text Affidavit in Support
85
Filed & Entered:  07/05/2011
Docket Text Exhibit
86
Filed & Entered:  07/11/2011
Docket Text Opposition to Motion

Filed & Entered:  07/12/2011
Docket Text Notice of Hearing on Motion

Filed & Entered:  07/12/2011
Docket Text Notice Cancelling Hearing
87
Filed & Entered:  07/12/2011
Terminated: 07/21/2011
Docket Text Motion to Intervene
88
Filed & Entered:  07/18/2011
Docket Text Opposition to Motion

Filed & Entered:  07/20/2011
Docket Text Notice of Rescheduling

Filed & Entered:  07/20/2011
Docket Text Notice of Hearing on Motion
89
Filed & Entered:  07/20/2011
Docket Text Motion Hearing

Filed & Entered:  07/21/2011
Docket Text Order on Motion to Intervene
90
Filed & Entered:  08/03/2011
Docket Text Memorandum & ORDER
91
Filed & Entered:  11/02/2011
Terminated: 11/03/2011
Docket Text Motion to Seal

Filed & Entered:  11/03/2011
Docket Text Order on Motion to Seal
92
Filed & Entered:  11/03/2011
Docket Text Motion for Summary Judgment
93
Filed & Entered:  11/03/2011
Docket Text Statement of facts
94
Filed & Entered:  11/03/2011
Docket Text Memorandum in Support of Motion
95
Filed & Entered:  11/03/2011
Docket Text Motion for Summary Judgment
96
Filed & Entered:  11/03/2011
Docket Text Statement of facts
97
Filed & Entered:  11/03/2011
Docket Text Memorandum in Support of Motion
99
Filed & Entered:  11/21/2011
Terminated: 11/22/2011
Docket Text Motion for Extension of Time

Filed & Entered:  11/22/2011
Docket Text Order on Motion for Extension of Time

PACER Service Center

6 comments:

Anonymous said...

The BTU investors should pay for "Undoubtedly X thousands of dollars of Betancourt's personal money has been spent by him to defend himself."

The Investors should pay back Betancourt and any one else that had to pay to defend herself/himself in courts. They will have insiders present and former lining up!

Anonymous said...

This is the best date "04/04/2011 Motion to Withdraw as Attorney".

Did a lawyer see the light? Right! I think they knew the money was running out.

Time for a 2012 Federal Showdown! Best Seat in the house, it is open to the public!

Unknown said...

04/04/2011 makes an excellent point. WilmerHale petitioned US Federal Court to be allowed to withdraw as wael Al mazeedi's counsel. Was it the money? Was it what they knew about Wael? Was it that they themselves were not just participants, but facilitators as well of Wael's "frauds"...

we have a 39 page transcript from a hearing in US Federal court that might shed some light on these issues... EVERYTHING changes in light of Qatar Investment Authority's petition to the Grand Court of the Cayman Islands to dissolve BTU Power Company.

Anonymous said...

Did you link the 39 page transcript?

Anonymous said...

YES, it was the money that wasn't PAID to WilmerHale. Maybe they were offered QGEN Stock in exchange or payment?

Like QGEN (Waltham MA) will ever go public on the London Stock Exchange.

Aerosmith had a song called "Dream ON...DREAM ON..."

Anonymous said...

Love "DREAM ON..."

Post a Comment