Xeriant Inc (QB) (XERI) Quote

CRICKETS AS PER USUAL FROM THE PATHETIC PUMPING MAMALUKE....

DIDN'T you DO your RESEARCH????

SOOO SADDDD TO BE SOOOO PATHETIC!!!!!!!

You have nothing else but some BS from SL101. You can't even prove that Basile is even involved. Or that the reason for the need of application of law of a state different from the states under the laws of which plaintiff seeks relief isn't related to the jurisdiction clause in the contract. XERI FAILED to defend the sufficiency of its state law claims, which therefore are dismissed. That's why the appeal will fail also, won't need to go any farther.


XERIANT, INC., Plaintiff, v. AUCTUS FUND, LLC, Defendant.
LEWIS A. KAPLAN, UNITED STATES DISTRICT JUDGE
MEMORANDUM AND ORDER
LEWIS A. KAPLAN, UNITED STATES DISTRICT JUDGE

This is an action for rescission of certain transaction documents between the parties on the theory that they are void by virtue of Section 29(b) of the Securities Exchange Act of 1934 (the “Exchange Act”), 15 U.S.C. § 78cc(b), because defendant at the time of the transaction was a “dealer” within the meaning of the Exchange Act that was required thereby to have registered with the SEC but had not done so. Plaintiff asserts also various other claims under state law. Defendant moves to dismiss the Exchange Act claim on the grounds that it is barred by the statute of limitations and, in any case, fails to state a legally sufficient claim. It seeks dismissal of the state law claims on the ground that the governing law clause of the relevant contract requires application of the law of a state different from the states under the laws of which plaintiff seeks relief.

The statute of limitations argument is without merit. To be sure, plaintiff knew, at least constructively, that the defendant was not a registered dealer at the time the parties contracted. Nonetheless, the complaint, viewed in the light most favorable to the plaintiff, would permit proof that plaintiff neither was aware nor chargeable, more than one year before the complaint was filed, with knowledge of defendant's activities that allegedly brought defendant within the statutory definition of “dealer,” 15 U.S.C. § 78c(a)(5)(A)-(B), and thus gave rise to the obligation of registering with the SEC.

The substantive reach of Section 29(b) is another matter, Assuming arguendo that Section 29(b) gives rise to a private right of action to void an agreement, the plaintiff would be required to allege facts demonstrating that the agreement the plaintiff seeks to void obligated the defendant to act as a dealer. Def. Mem. (Dkt 11) at 10-11 (collecting cases); Def. Reply Mem. (Dkt 27) at 7 8, The complaint alleged no such facts. Plaintiffs contention that the agreement at issue may be voided on the theory that it permitted defendant to continue a practice that plaintiff regards as inconsistent with the objective of the Exchange Act registration provision and therefore is reachable under Section 29(b) is unsupported by authority and unpersuasive.

As defendant points out, plaintiff has not sought to defend the sufficiency of its state law claims, which therefore are dismissed.

Plaintiff has identified no basis on which it could amend its complaint to remedy its defects. Hence, its request for leave to amend, unsupported by any proposed amended pleading, is denied.

The motion to dismiss (Dkt 10) is granted. The Clerk shall close the case.

SO ORDERED,

LOLOLOLOL...SITE 1 CASE THAT'S SIMILAR

Not a chance in f-ing hell.

So you're still pretending to be a legal expert -- even though you can't figure out what they're saying on SecuritiesLayer101.com about XERI's appeal.

Wrong again! If you did your research you'd know that in past cases in which the SEC has beaten a toxic lender in court, the losing party is not permitted to collect on the unpaid balance of its illegal loans.

Can we talk about Xeri's multiple failed attempts at certification? Can we talk about having to bring in a phantom outside chemist to work on product that Xeri has been working on for years and can't get certified???

XERI may go under by the time the case is ruled on lmao

What a load of BS. The odds are NEVER good in a Federal Appeal case. XERI will have their Auctus loan settled. This is highly unlikely to be accepted let alone through the full appellate process . The way Duffy is diluting don't expect any good new Monday either.

Count on dismissal over STATE LAW just like the last case was in the lower court. FACT

AS PREVIOUSLY POSTED. IT DOESN'T EVEN MATTER!!!

they(LYING GRIFTERS) ARE STILL ON THE HOOK FOR $6M. ONLY THING THAT WILL HAPPEN IS AUCTUS WON'T BE ABLE TO CONVERT AT THE HIGHER RATE!!!

HOW ARE THOSE SCAMBOARDS COMING ALONG...

GETTING CLOSE TO 1 YEAR LOW OF .012 FROM LAST MONTH. IT'S GONNA GO BELOW .01 AND STAY THERE FOREVER!!! SAY BYE BYE TO your $...

PATHETIC MAMALUKE!!!!

You don't seem to understand that if Xeriant wins on appeal (odds are greater they do) then the case goes back to the trial court.

If the case were closed, XERI's appeal process would be over. It's not. In fact, the chances of success have greatly improved now that the SEC's case against Auctus is going forward! The paraphrase Mark Twain" "Reports of the demise of XERI's case against Auctus have been greatly exaggerated."

SAME DUMB BS FROM A KNOWN PATHETIC SHILL...

Judge ruled, xeri lost....CASE CLOSED!!!

they(LYING GRIFTERS) DON'T HAVE A CASE!!!!!!!!!!!!!!

The judge wasn't taking any that BS into consideration. This case is ONLY about whether of not Auctus violated securities laws in its relationship with XERI. The first judge, unfortunately, didn't take into consideration the fact that convertible notes have been found to be a form of security in other jurisdictions. That's why XERI has appealed. And that's why they'll win...

It DOESN'T take much to recognize this is NOTHING BUT A POS DILUTION SCAM RUN BY LYING GRIFTERS. THAT'S ALL THE KIDGE NEEDED TO KNOW TO RULE AGAINST them...

Basically, the judge wasn't well-informed about a relatively new legal precedent from outside his jurisdiction regarding a specific aspect of securities law.

LOL, SURE...JUDGE DIDN'T DO HOMEWORK ABOUT THIS POS SCAM RUN BY LYING GRIFTERS BEFORE RULING.

The judge relied on the wrong precedent. It happens. Just read the article about the appeal SecuritiesLawyer101.com> https://www.securitieslawyer101.com/2024/xeriant-inc-fights-toxic-funder-auctus-fund-in-appellate-court/

OVER 1 MILLION DILUTED TODAY. FLUFFY THANKS ALL THE NAIVE RETAIL THAT'S DUMB ENOUGH TO SUPPORT THIS POS SCAM...

LOLOLOLOL....RIGHT! you THINK you KNOW MORE ABOUT THE LAW THAN THE JUDGE THAT RULED ON THE CASE

SILLY PATHETIC PUMPING MAMALUKE!!!

I'm certain he didn't, since he was relying on findings from prior SDNY cases and was unaware of recent case law from beyond his jurisdiction. That's the whole basis of the appeal.

LOLOLOLOL....I'M CERTAIN THE JUDGE KNOWS ABOUT THE LAW BETTER THAN SOME COMPANY SHILL PUMPING OBVIOUS DILUTION SCAM!!!

PATHETIC MAMALUKE!!!

The judge based his decision on bad information and will be overruled in Federal Appellate Court.

STUPID IS, IS STUPID DOES...

One of those very very stupid people who hate and disregard when another has a different approach, and makes a case well supported by FACTS.

You'll hop on board with SP2's bullshit for 'XERI' at a $1.00' but ignore the Xeriant $1,298,381,000 marketcap that goes with it... that will NEVER happen.

FACT!


hey, you could even go with Quester's who also makes up facts and provides crickets to support them.

the biggest cry baby here is you fckball. just look at all your posts. One whine after another.

.FACT!

Shut up crybaby bitch sell and go away loser

Only a COMPLETE IDIOT wouldn't believe this POS SCAM RUN BY LYING GRIFTERS won't drop below .01 in the VERY near future.

MASSIVE DILUTION to not only pay themselves for doing NOTHING but putting out FLUFF pr's. they also have to pay attorneys for doing NOTHING but pretending like they have a case and to ALSO, help kick that can futher down the road.

XERI Security Details WARNING. The 15 mil that was just added to the OS have already become UNRESTRICTED
Share Structure
Market Cap Market Cap 9,122,952 09/20/2024
Authorized Shares 5,000,000,000 09/20/2024
Outstanding Shares 570,184,486 09/20/2024
Restricted 205,401,718 09/20/2024
Unrestricted 364,782,768 09/20/2024

Share Structure
Market Cap Market Cap 10,953,244 09/13/2024
Authorized Shares 5,000,000,000 09/13/2024
Outstanding Shares 570,184,486 09/13/2024
Restricted 219,151,718 09/13/2024
Unrestricted 351,032,768 09/13/2024

LOLOLOLOL....

you CLEARLY HAVE ZERO KNOWLEDGE OF ANYTHING....

TRY READING IT AGAIN!

‘the agreement that plaintiff seeks to void’ does not ‘obligate the defendant to act as a dealer.’”

JUST MORE PATHETIC SHILL CRAP!!!

WRONG! The SDNY judge's decision did not account for the fact that a federal judge in another jurisdiction clearly determined that convertible notes are, in fact, a form of security.

ANOTHER 770K DILUTED TODAY...

THE END IS NEAR...

>.01 AND DEAD $...FOREVER!!!!!!!

That alone is reason to not invest in Xeriant.

That alone is reason to not invest in Xeriant

LOLOLOLOL....JUDGE WAS RIGHT USING THOSE 2 CASES AD PRECEDENT FOR xeri!!!

SO, JUST MORE PATHETIC PUMPING, FACT DENYING BS FROM you, AS PER USUAL, A KNOWN SHILL!!!

very true! great point.
was just reviewing those Serias A too and forgot to include in marketcap calculation.
Was noticing how those Series A Preferreds keep getting converted throughout each year. We can presume these newly minted XERI shares are then sold for cash on the open market. Owners, that's the (up to) three controlling majority owners, of Xeriant, Inc., keep using the company as their (ATM) cash generating personal income source. Fact!

So?

Dilution Duffy will never let this run he will continue to bleed it down to .015 like he has done 20 times now.

As you yourself noted, the judges' decisions in those two prior SDNY cases failed to consider that the convertible notes were, in fact, a form of security -- as had been determined in cases in other jurisdictions. Therefore, XERI persuasively argued that the presiding judge in XERI/XTI case incorrectly relied on those cases as precedent.

You forgot to count the 723,895 Serie A shares, each convertible into 1000 shares of common stock.

So that gives 570.184.486 plus 723.895.000 = 1.298 .381.000 shares

So a market cap of 1.298.381.000$

Sure…

ONLY THING THAT'S "REAL", IS fluffy SCAMMED you!!!

Here's the "precedent" that the Judge already ruled on...SILLY PATHETIC PUMPER!!!

Two cases similar to Xeriant’s had been heard in the SDNY, in which companies called ExeLED Holdings Inc. and Vystar Corp tried to sue the toxic funders with whom they dealt. The Xerient appellate brief contends that the cases were not well-argued, and so the courts were never told that convertible notes were securities. Both companies lost, and both cases are now being cited as precedent for the district. When this case—the Xeriant case—was heard in the district court, the presiding judge noted that “‘the precedent in this district’ and rejected the claim because ‘the agreement that plaintiff seeks to void’ does not ‘obligate the defendant to act as a dealer.’”

https://www.securitieslawyer101.com/2024/xeriant-inc-fights-toxic-funder-auctus-fund-in-appellate-court/#:~:text=Xeriant%20alleged%20that%20when%20it,that%20transaction%20to%20be%20rescinded.

When NEXBOARD turns out to be real, suddenly your "facts" will be outweighed by reality.

Sounds like Duffy is BSing you regularly when you talk with him.

LOLOLOLOL...

you've BEEN SAYING "ACTUAL FACTS" FOR OVER 3 YEARS NOW.

FACTS ARE FACTS. OBVIOUS DILUTION SCAM RUN BY LYING GRIFTERS!!! THERE IS NO OTHER OR "ACTUAL" FACT THAN THAT ONE!!!

You have suspicions and assumptions. When the actual facts come out, they will prove you wrong. Based on the last press release, we probably won't have to wait too long.

SmartyBullshitPantsX2. XERI $1. LOL! a $570,184,486 marketcap?

Maybe and only after a massive reverse split will be $1

Lying skank pants.

DUMB**S SHILL PUMPER REPLIES WITH ZERO FACTS OF ANYTHING TO DEBUNK THIS IS NOTHING BUT A POS DILUTION SCAM!!!!!!!

Au contraire, Killa! It's just a matter of time before XERI's share price hits $1.00. Once they announce NEXBOARD certification and specific plans for mass production and commercialization, this stock will finally start living up to its potential.

ANOTHER 700K SHARES DILUTED TODAY. JUST A MATTER OF TIME BEFORE THIS POS SCAM RUN BY LYING GRIFTERS IS UNDER .01...FOREVER!!!!!!!

I'm sorry. Maybe if I posted in ALL BOLD CAPS your reading comprehension would improve to the point where you could explain things to Q. On the other hand, never mind...That would just be a case of the blind leading the blind.