******ATTENTION CMKX Shareholders****** *****Motion To Dismiss Tentative Ruling*****

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Full Text Of SEC Lawsuit Document
Motion To Dismiss Ruling

David Anderson, et al. v. Christopher Cox, et al.,
SAVC 10-31 JVS (MLGx)

Tentative Order Granting Motion to Dismiss

Conclusion

Defendants Motion to Dismiss is granted.
Plaintiffs’ claims are dismissed with prejudice.

IT IS SO ORDERED.

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Editor's Note - It appears the lawsuit will be dismissed for the 2nd & final time on Monday, December 6th.
Depending on who you listen to, this is the end of the road for CMKX, or time for CMKX shareholders to get paid.
If shareholders are finally going to be paid, we should be notified shortly after the dismissal is final. If that does not happen, we will know that the lawsuit was a waste of time.
Additional excuses or theories will not be acceptable.
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******ATTENTION CMKX Shareholders****** *******Happy 8th CMKX Anniversary*******

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CyberMark(CMKI) started

trading as a Casavant

related 'mining' company

8 YEARS AGO...!!

* November 26, 2002 to November 26, 2010 *

8 Years, 0 Months, and 0 Days...!!

2,922 Days...

70,128 Hours...

4,207,680 Minutes...

252,460,800 Seconds...!!

This Just In...

Latest Inspirational Comments...

http://millionaires.proboards.com/index.cgi?action=userrecentposts&user=bhollenegg

Bhollenegg 11/23
« Result #2 Yesterday(11/25) at 8:28pm(EST) »

Attorney Hodges will contact us when it is done.

If Attorney Hodges did not contact us, then it is not done.

Thank you,

BHollenegg

Editor's Note - Finally... An actual accurate fact...

It Is NOT Done...!!

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******ATTENTION CMKX Shareholders****** ******Hodges Files Reply To SEC MTD******

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Case 8:10-cv-00031-JVS-MLG Document 26 Filed 11/08/10

Reply To SEC Motion To Dismiss

Editor's Note - This is good news for anybody who thinks this lawsuit will get shareholders paid...
Would it have been so hard for Mr. Hodges to announce this filing to the shareholders over the weekend or on Monday when it was filed...??
No secret strategies revealed, no mystery, just something good for shareholders to hear about from Mr. Hodges...
Instead of letting shareholders learn about it when it became public record online...!!

Two BIG 'Thumbs DOWN' for Mr. Hodges...!!
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******ATTENTION CMKX Shareholders****** *******All Is Fair In WAR & CMKX******* ******Hodges Virginia Recap Letter*****

Recap of Hodges trip to Richmond Virginia

Re: AL's trip to Virginia letter
« Reply #3 Today at 3:11pm »

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Al Hodges Virginia Trip, you won't believe this, make sure you read his notes.
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As you all know by now, I left LA late on the 21st of September, and was in Richmond, VA until returning to LA Friday night [10/1]. It has been rumored that I would not return w/o accomplishing my goal of securing ER; I have personally advised most of you of the same. While we as yet don’t have ER officially, we have again made great strides in obtaining it, and in constraining some of the outrageous financial fraud rampant in this country since the mid eighties. My only reason for leaving Richmond before ER was actually in hand, is that I have to begin trial in Glendale in another matter tomorrow morning; I could not convince the judge to trail the case until my
return, although that is exactly what I expect now to happen after he sees my shining face in the morning.
When I left Friday: the last two global settlements funds were all in place and accounted for; the funds were all parked safely and continuing to be watched; the funds had been segregated, reconstituted and were available for distribution through the banking system by 9:00 AM as had been promised; and we had received, on Thursday afternoon, official agreement/sanction from all authorities, including the FED Board of Governors, for release and distribution of the last two settlement pay-outs. The schedule which had been agreed to was that we were to take "possession" of the funds on Friday although the actual transfer of cash to various trustees would occur on Monday and Tuesday this coming week. The current schedule remains that the actual cash funds will be transferred to the trustees Monday and Tuesday; this per information direct fromMssrs, Bonney and Boyer @ noon today.
I also understand that some info is floating around Nesara blogs and our boards about a "trustee" named Glascow.
Let me set the record straight about that: * Mr. Glascow is not a trustee of anything, to my knowledge and belief.
* His real name is Douglas Glascow; we have his SSN, home address and other contact information.
* DG is in fact an old consort of the Bush’s and currently serves
as Jr.’s bagman.
* As some of you may know, Barbara Bush is from the Pearce family in France.
* The final $1.3T sum to be added to the WGS funds for distribution by Bonney was "coordinated" by Paris people due to Sarcozy; that "re-constituted" portion of the funds was released to the system Friday @9:00 AM EDT as had been scheduled and promised.
* When those funds were released to the system, they included an additional sum of $200,000, added by the Pearce family for Jr. to disburse among his co-conspirators along with instructions that it was to be disbursed first.
* Apparently, DG was instructed in Dallas to go to the bank in D at exactly 2:30 PM CDT to obtain the funds; unfortunately it was by then 3:30 PM in Richmond which meant [because of the banking laws regarding international $$ transfers] that it was all but too late for us to go into the bank there and accomplish what needed to be done.
* We first discovered what was holding up our appearance in the bank [by invitation] about 12:30 PM; as it turned out only one person had any real communication line with DG [as a result of past activities].
* We were able to get a hold of this person through the company, finally around 1:30 PM. He was at that time "on the road" and alleged that he was unable to contact DG for the very simple reason that he had been told to go and do his personal errands Friday afternoon, and was two hours away from where the contact info was in his "office."
As you can see, this was a carefully set-up scenario to flip their collective finger at us. In fact it will have essentially no impact [other to engender great anger from a number of people] on receiving ER. [As an aside, DG is on the list to receive a "visit" from some attitude adjustment persons, which may have already happened as I write this.]
Bottom line: we accomplished a great deal by going to Richmond; I believe this will be over on the current schedule which means we should have ER by the end of Tuesday. It is unfortunate that I had to return before having the proof in my hands; however, we now have an established relationship with Mr. Bonney who enjoys my total respect and confidence. In other words, when he [the paymaster] tells me something I have very substantial grounds to accept it and believe it. If some unforeseen event raises its ugly head I will return and finish it.
Al
_________________________________________________________________________________________________
I always take notes of what’s transpiring with this endeavor; what follows is a day by day summary of my activities in Richmond for those who may be interested:
September 22 – Meeting with Bill Bonney, Roger Boyer, Dana
Wilcox, Orren Merren [Cayman Island international attorney] and Lynwood Maddox [Atlanta attorney] to discuss all and establish plan of action and ground
rules. We were advised by the company of WH meeting with his economic advisers called by Obama, to instruct no payouts by anyone of the WGS funds because "it’s my money." All of us agreed to send a letter to Bernanke [see attached]. As a result of very wide distribution of the letter, the Joint Chiefs visited Obama late in the day to advise him that the "$$ will be released – stop this shi* – stay out of the way."
September 23 – Company advises that Bernanke has capitulated and will give the OK. It will all be released, supposedly on Friday 9/24 – can’t finish Thursday.
September 24 – Advised by Pentagon that Bernanke issued a written order at 12:05 AM to release all $$ as scheduled on the BASEL list to be finished after the close of business, but guaranteed before midnight. This was confirmed three times during the day by State, Pent. and Co. @ 9 AM, 2 PM and 4 PM; we also confirmed that the FED screens are black, which is what we should see if all is ready to go with a push of the button. Having received no call/invite I go into the bank to find out why as Bonney and others attempt to find out the reason from outside. I talk with the banking staff at length including the managing VP [who curiously doesn’t even know who Ben Bernanke is]; although the bank was clearly stonewalling, I remained there until closing time at which I was thrown out. I walked back across the street to the hotel and was greeted by the local Police; eventually there were a total of four cruisers there plus a canine unit. After 1.75 hours they finally withdrew. The company and Pentagon later confirmed that a trap had been set by Obama to confiscate the $$$. Bonney had the release codes with him and we could have gone into the bank and insisted on using them; if we had, Obama intended to confiscate all the $$ and accuse Bonney of taking funds w/o valid authorization in the form of new release codes specifically provided to him at the time of invitation into the bank. $$$ was
then transferred to a FED holding account for safekeeping until Monday @ 10:00 AM.

September 25/26 – I advised Bonney to obtain a copy of Bernanke’s written order so that if there was more BS on Monday we could go into the Richmond Federal Reserve Bank, and utilize his FRS ID # to conclude the transfers; that was put in motion. We were advised that a Supreme Ct. Justice visited the FED Saturday and instructed them to "pay it all in the AM Monday – finish it by noon time." Several people standing in the way were to be arrested over the w/e; it appears that Obama is using the non-existent NSA covert troops to prevent arrest of anyone. The Pentagon is supposed to deal with that problem. I had dinner at the Wilcox residence with Bonney and Boyer. We spent most of Sunday working on distribution plans and documents.

September 27 – D-Day? 12:30 – not so far. Massive war going on at the FED in DC; the Director may be replaced. 1:30 – They are calling all trustees; Bonney should get notice/invite in the next two hours. 5:30 – FED Director of Ops just resigned and left the building. Advised that Sec. of Agriculture and several others have told Obama they will resign before the end of the week "if Bonney is not paid." China is owed a large balloon payment by the US on 9/30 which can’t be made if this is not completed. 10:30 – Advised all is on for tomorrow – all authorities supposedly now want it done tomorrow.

September 28 – All is done and we just need invite into the bank. Not able to secure a copy of Bernanke’s order yet; they are still working on it. Company has advised Bonney there "may be blood tonight" although it does not involve him or those around him. Engineers visit Obama,Geithner and Brennan in the AM; 2nd Combat Brigade of the 82nd Airborne and several National Guard units [Alabama, Arkansas and Indiana +] put on 18 hour alert by JC’s last night. Balloon pay is for $850B loan = $1T to Chinese X2 due Thursday 9/30; US has no $$ to pay – therefore must finish this to fund with Leo Wanta $$. JC’s are really pissed; @ 6:00 PM we are advised that the 2nd Combat Brigade is fully loaded w/all equipment and supplies in C-130’s on the tarmac at Pope AFB ready to fly; these are the door-to-door urban warfare specialists.

September 29 – They are still working on getting a copy of Bernanke’s order. The "trustee" advised he was called in this morning as he must coordinate w/new treasury currency announcement which is to be made this evening. He confirmed that all $$ is there for us and Leo Wanta; funds are currently moving per Paul Sigue. At 11:00 I called Bernanke at his home and office and cell; similarly I called the FED Governors’ General Counsel; no one will take my calls or return them. However I did manage to leave detailed messages for both. To date, 27 FED employees and 83 commercial bankers have been arrested; 4 others have been disappeared. We are still waiting for invite to the bank. Just advised that Bill and Hilary Clinton, abetted by Bernanke and Obama with help from two Chinese nationals have been stalling these pay-outs for months while attempting to persuade the World Court to grant each of them full global immunity or at least immunity for the un-registered Treasury’s; they have also tried to steal these pay-out $$ each night that I’ve been in VA. Advised at 2:30 PM EDT that the World Court had finally made a decision – NO IMMUNITY FOR ANY OF HEM! Our Funds were supposed to be released @ 1:30 PM; $1.5T is in Wells Fargo ledger account and was released @ 3:00 PM. They are collecting the balance and reassembling. Ying and _______ are the two Chinese nationals who will be arrested and dealt with by the Chinese.

September 30 – D-Day for sure. Chinese arrested the two bad guys. 12:45 PM – Status Quo: $1.5T in WF ledger account and $1.3T spread in MM accts all over. Matt Schuler says he still cannot get a copy of the B order; however, he reports that 2 Senators [friends of Ed Falcone] got to Bernanke and the $$ will be released. Obama reportedly advised Bernanke that if the funds were released to us, Bernanke and his family would suffer a personal security problem. Company and Bonney offered lifetime protection to B as had been done with Panetta. All morningGeithner had gone to the Japanese, Arabs, Brazil and others trying to obtain the $1T – all said no. Meanwhile I had called FED Governor KevinWarsh to advise that the lifetime protection offer was to anyone on the FED BOG who would take the correct legal action. 2:00 PM – Advised that the official FED position had changed to full authorization to complete the pay-outs; the military is standing by and willing to assist if necessary. What is currently anticipated is ledger/folio transfers today – maybe no cash delivery until Monday/Tuesday. The additional $100B added to Bonney’s funds is for a requested payment of small amounts to several payees and a transfer of 32B pounds [$49+B] to save the Irish banking system which must be received by them Friday.

October 1 – We are supposed to be in the bank just after it opens. They have worked the funds all night; the $1.5T was finished at midnight and the $1.3T done in Paris was in place by 9:30 AM. Waiting for a call at 10, 11, 12 etc.; between 12:30 and 1 we learn of the Glascow $ which must be picked up in Dallas. He apparently picks it up @ 3:30 EDT [2:30 CDT]; meanwhile, the land-line phone system in the hotel area is not working. 4:00 PM – Too late to finish today. Rep. J. Gresham [TN - lame duck] and Ret’d Rep Ben Gilman [SC] with offices still in DC believe they can get their friends in Congress to start an investigation of the whole mess; they have asked for a letter with bullet points of what should be investigated. Ed Falcone has already prepared most of the evidence [including dates, times, acct numbers, etc.] which he has previously provided to 8 Senators and the Black Caucus [which is one reason they have been helping]; we are putting the two sides together to get the fire stared. I then caught a 7:00 PM flight from Richmond to LAX.

******ATTENTION CMKX Shareholders****** ********Hodges Update 9/16/2010******** *******Amended Lawsuit 9/16/2010*******

.
Another Update From Mr. Al Hodges...
Hodges Update 9/16/2010

Summary -
Bad Guys Promise To Pay...
Hodges Believes Them...
Bad Guys Don't Pay...
Hodges Gives Them More Time.

I did agree with one part of the Update...
"Shortly after filing the original Complaint, I advised you of my opinion that resolution was imminent. I am confident that many of you are now convinced that I either don’t know the meaning of that word or am certifiably non compos mentis."
(Non compos mentis is a term meaning 'not of sound mind'.)

Amended Lawsuit From Hodges...
Amended Lawsuit 9/16/2010

Summary -
Some Additional Information...
No Hammer Of Evidence...
Same 'Threat of a Lawsuit' Strategy.

Which started about 9 MONTHS ago with the December 16th, 2009 Update...
December/2009 Update (Members Only)

"In an attempt to avoid protracted litigation we have seen to it that several attorneys at the SEC Office of General Counsel have a copy of the draft; we are further advised that the current SEC Commissioners are also aware [at least] of the pending filing.

Our expectation was [and still partially remains] that the individually named Commissioners will not want to answer our lawsuit, thus leaving themselves open to the discovery process.

The draft has been in SEC hands for approximately two weeks, and so far we have not received any response, meaningful or otherwise."

In spite of numerous 'NO WAY WE REFILE' assurances from Mr. Hodges, through his plaintiffs, here we are again at the mercy of the court.
It appears Mr. Hodges waited for 45 days to file this Amended Lawsuit, because he again believed shareholders would be paid before now.
Even now with this 'NO WAY REFILE', it does not appear that any additional hard core evidence is being presented to the Judge.

On the surface, it would appear it will take more than saying "Pretty Please" to get shareholders PAID...!!
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******ATTENTION CMKX Shareholders****** ********One Week To Go For CMKX********

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Mr. Hodges,

September 17th is now 1 week away.

Most of your 45 days are gone, and shareholders still have nothing.
For shareholders, this has just been another delay, another extension, which has done nothing to help shareholders.

If you don't need to refile for shareholders to get paid, why weren't shareholders paid 38 days ago?
If you are going to refile, you should have done it 38 days ago.
If you have to give your evidence to the judge, why didn't you do it 38 days ago?

Your August 15th update said the bank glitch of August 13th should have been corrected over that weekend...
That was a month ago.
Why hasn't ER been announced?
Why haven't shareholders been paid?

I'm sure you're dancing as fast as you can, but as far as shareholders are concerned, this lawsuit has accomplished nothing.

You may not technically represent the 50,000 shareholders yet, but even your 7 plaintiffs seem to have no idea of what you are doing.
Each of the plaintiffs who do talk to the shareholders have a different story...
And their stories & moods change every few days.

What excuse is there for even the plaintiffs not being on the same page about the lawsuit?
Some of them have even said they have no clue about what will happen if shareholders do not get paid by the filing deadline next week.

They really don't sound very confident.
And they are supposed to know what you are doing.

How do you think the other 50,000 shareholders feel...??
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******ATTENTION CMKX Shareholders****** *****The REAL Story Of CMKM Diamonds*****

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CNN iReport - $3.87 TRILLION Lawsuit SECrets Video

The REAL story of CMKM Diamonds and the sting/fraud/deception/damage by the SEC.

*************
From Cmkx20Ten Blog On 8/26/2010...

Mr. Hodges,

Now that the lawsuit has been dismissed, do you think it may be time to reveal the overwhelming evidence you're supposed to have?

It's been 8 months since you expected the bad guys to roll over because you threatened to file this lawsuit. They obviously are not going to voluntarily pay the shareholders.

30 days...?? 45 days...??

You should have been ready to refile the lawsuit with ALL the evidence about 10 minutes after the judge dismissed the case...!!

How can it possibly be good for the case, the plaintiffs, the shareholders, to delay shoving this evidence down the throats of the bad guys...??

Do you really still believe them when they say for the umpteenth time that they are going to pay shareholders...??

It is painfully obvious that they will NEVER pay the shareholders unless they are FORCED to do so. You should have realized that MONTHS AGO, instead of expecting them to give in to your threats of exposure.

Your poor excuse for an update, with most of the info copied from the last worthless update, confirms that you are still buying every excuse they give you for not paying shareholders...

" I still believe that will be in the near future; the most recent schedule, based on communication I received, was that it should have been finished by August 13; somehow at the very last moment, the bank was not available [?] to conclude the necessary transfers. This newest problem, I’m told, is being dealt with this weekend. "

That 'weekend' was almost 2 weeks ago...
Are you still waiting...??

Shareholders are desperately waiting for you to use the evidence you have, instead of just hinting to the judge that you may have additional info...!!

P.S. - This Just In...

8/25/2010
(11:35 PM) very_tired15: Al said we are exremely close. He also said there is no way he will need to file the 1st Amended Complaint
(11:44 PM) very_tired15: just got off the phone with Al and Salty... it was very positive

Do you really think shareholders are still buying this crap...??
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******ATTENTION CMKX Shareholders****** ***Wall Street SECrets EXPOSED Video*** ***The REAL Story Of CMKM Diamonds***

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CNN iReport - $3.87 TRILLION Lawsuit SECrets Video

The REAL story of CMKM Diamonds and the sting/fraud/deception/damage by the SEC.

Other videos at... My Gallery / angelheartvideos

More CMKX Info... Cmkx20Ten
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******ATTENTION CMKX Shareholders****** **Another Interim Non-Update From Hodges**

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Hodges and Associates INTERIM UPDATE
« Thread Started on Aug 15, 2010, 11:28am »

Hodges Non-Update

We have, as you are now more than aware, confronted a serious headwind to obtaining Economic Receipt. Although I have previously stated that I would not provide an “update” until we had confirmation of economic receipt or, I became convinced that payment to CMKX shareholders would not be forthcoming in a timely manner, it is now apparent that several matters need to be addressed:

• I am an attorney and have been retained by seven brave and exceptional shareholders that represent a cross section of the proposed class; as such, I act at all times as their counsel.

• At this instant in time, I literally represent only the seven named plaintiffs; as a result, I am constrained in the types and extent of information which I can provide to putative members of the class. As we’ve said before, the status of the litigation can at all times be monitored on PACER.

• As a point of fact, the recent Court hearing was utilized in part as a means of conveying to the Judge and to the defendants, some of the additional information which can [if necessary] be added to our complaint to comply with The Federal Rules of Civil Procedure. We have not been thrown out of Court; the Judge, on his own, granted additional time for us to file an amended Complaint.

• If necessary [which I still believe not] we will file an amended complaint specifying in more detail exactly how the individual Commissioners caused harm of Constitutional dimension to the CMKX shareholders. This litigation will be aggressively pursued until such time as all shareholders have been paid.

I remain convinced that we will prevail. The belief of some that yelling and screaming, loudly and publicly enough, can somehow “force” release of the CMKX moneys, is erroneous and misplaced; it will not. Why won’t it help, you ask; it can’t help when the core problem is the White House. I believe that the SEC is anxious for this to be over; however, it is not the SEC that holding things up, IMO. I do believe that media exposure is beneficial in the sense that it keeps the pressure on the entire financial community.

Inquiring minds want to know: what is our status; what has been going on; what is holding up economic receipt; when will our money be released; and how much money is there? As before, I will address each of these questions, to the extent I am able, separately:
1. How Much Money – As I have said before, we have persuasive evidence to all of the facts alleged as such in the complaint; accordingly, there is a total of 3.87 Trillion Dollars.
2. When is Release – The CMKX distribution funds will be released within a very short time after there is confirmation of Economic Receipt. What does that mean? It means that currently in process is a massive shift of wealth within the US and the world community; that includes: pay-out of all the domestic settlements; institution of the US dollar re-funding project; pay-out of world settlements; and, distribution of funds to many other programs. This involves a total of more than $ 42 Trillion. Economic Receipt occurs when all trustees have access to all of the funds they are responsible for.
3. Our Status – As I advised in April, we are literally on the thresh-hold. This means that the “work” remaining to be finished will not consume more hours than can be accomplished within one day. We have been at this point now for more than three months [!].
4. The Delay – Although I could write a book about what’s been going on behind the scenes [and may one day] to cause this additional delay, I’ll try to give you the condensed version:
First - Please be aware and understand that there is an economic war raging in the background; this war is between those who have controlled this planet for the last hundred and fifty years, and we who think that it must stop.
Second - The naked corruption that is endemic in D.C. is more than most can comprehend; it is clear that these miscreants have no regard for the US Constitution, Federal Laws and Regulations, nor even any sense of simple morality. They are convinced that they are above any constraint that might apply to lesser mortals, and that no enforcement activity will ever successfully address them. I hasten to add that such opinions are not universal; having said that, it is more widespread than not. I can add that some large number of bankers and others have now been arrested and/or indicted; this, in combination with substantial repatriation of “stolen” moneys, is having a significant impact on the balance of power shifting in our favor.
Third - These miscreants are, in effect, fighting for their lives – at least that part of their lives that establishes an environment in which they can continue to lie, cheat, steal, and mortgage your progeny’s lives, all for their personal gain. Accordingly, they will fight until the doors are all closed by a power that they cannot subvert. That fight continues as I prepare this interim update.
Fourth - The good news is, we are winning the battle. The circle within which these bad apples can operate draws inexorably smaller with each attempt to bribe, suborn and otherwise corrupt the system, and the people within it.
Fifth – By what date will we have Economic Receipt, you ask. We will have it when this initial battle phase comes to a successful conclusion. I still believe that will be in the near future; the most recent schedule, based on communication I received, was that it should have been finished by August 13; somehow at the very last moment, the bank was not available [?] to conclude the necessary transfers. This newest problem, I’m told, is being dealt with this weekend.

I want to extend my heartfelt thanks to those of you who continue to demonstrate support and encouragement for our efforts. We remain very optimistic for the long term. Rest assured that the fight will continue until we succeed. We will prevail.

Al Hodges
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******ATTENTION CMKX Shareholders****** *Hodges Draws Line In The Sand 8/9/2010*

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Mr. Hodges Shoots Down Rumor Of Notification On Thursday 8/5/2010.

However, well known plaintiff wyatt, said that Mr. Hodges said an announcement can come at ANY TIME, but DEFINITELY before Monday 8/9/2010...!!

That whole 'Line In The Sand' thing...!!

Nothing can get through a line in the sand, except of course for some things like wind or rain or a good stiff broom...!!

Hopefully, the SEC or whatever party keeps blocking our payment, hasn't heard about wind or rain or any of those things.