LAX-Las Vegas X-Train vs. Z-Train brouhaha
Author: Gene Poon
Date: 06-09-2010 - 10:01

Yesterday, June 8, a press release was issued by Las Vegas Railway
Express, Inc. (X-Train) about an alleged injunction against Z-Train, a
competitor for the proposed Los Angeles-Las Vegas passenger train operation.

In it, Las Vegas Railway Express, Inc. states:

> in District Court of Clark County, Nevada, Judge Herendon granted the
> request by Las Vegas Railway Express, Inc. also known as the "X" Train an injunction
> against Z-Train executives Romm Doulton, Elaine Doulton, J. Bruce Richardson,
> D2 Holdings LLC and D2 Entertainment LLC. The "X" Train was the Plaintiff in the
> case citing defamatory remarks made by the defendants about the "X" Train and
> its executives. The injunction is just the first step in the continuing litigation brought
> by the "X" Train. No date has yet been set for trial.


It makes me wonder upon reading this kind of press release what is
really happening. So I decided to dig a little deeper.

> Michael Barren and John Zilliken also present on behalf of Plaintiff.
> Argument by Mr. Aldrich (Las Vegas Railway Express, Inc. attorney).
> Argument by Mr. Curtas (Z-Train Limited LLC attorney), advising that
> Injunction can issue as to both as to not defaming each other. Court
> stated it believes that TRO sought was way overbroad, and there can
> be no defamatory statements, but Court cannot enjoin them from talking
> badly about Plaintiffs. Colloquy as to what can be enjoined. COURT
> ORDERED, Injunction GRANTED as to BOTH SIDES, BOND remains the
> same in the amount of $100.00 and both sides are to post.

[www.clarkcountycourts.us]
(case number 7390809)

So it appears that the injunction actually enjoins BOTH parties from
defaming EACH OTHER.

As of yesterday, no final order has been issued. The original suit
filed by Las Vegas Railway Express, Inc. against Z-Train Limited LLC has
apparently been completely dismissed; there may be no ongoing litigation
at all.

Las Vegas Railway Express, Inc. did get a temporary restraining order
against Z-Train Limited LLC in late May, but it was thrown out and is
no longer in effect.


A Las Vegas Business Press article by reporter Tim O'Reiley announcing
the founding of "Desert Lightning", yet another Los Angeles-Las Vegas
train venture, had some things to say about Las Vegas Railway Express,
Inc. (X Train); all of the following is quoted verbatim:

> The X Train was unveiled in a Securities and Exchange Commission
> filing last November by Michael Barron, who has a background in penny
> stock companies.
>
> Before joining his current company, Barron had been chairman and
> chief executive of a mortgage company called Shearson Financial
> Network. He resigned one month before a Chapter 11 bankruptcy filing in June 2008.
>
> The Dec. 31, 2007, balance sheet showed $4,017 in total assets and $23.4 million
> in accrued court judgments against the company.
>
> Barron then focused on Liberty Capital Asset Management,
> which was supposed to buy nonperforming subprime mortgages
> and rewrite the terms so homeowners could resume payments.
> But after losses and a stock that went nowhere, he shifted gears
> again to passenger trains and renamed the company Las Vegas Railway Express.
>
> The railroad company had started as a side venture, according to
> SEC documents, but Barron used 20 million shares of Liberty Capital
> to buy the rail company. Barron controlled an entity to own 78 percent
> of Las Vegas Railway. Since then, Barron has issued announcements
> that have helped raise the stock's price (ticker: XTRN, Over-the-Counter
> Bulletin Board) from 2 cents a share to 23 cents a share. The stock has
> had a couple of spikes as high as 30 cents.
>
> For example, Barron issued an announcement on May 6 that X Train
> had executed an agreement with Transportation Management Service to
> buy the first set of rail cars, but did not further identify the company.
> Two different companies with the Transportation Management Service name,
> one in Pasadena, Calif., and the other in Sandy Spring, Md., both said they had
> never heard of the X Train.


[www.lvbusinesspress.com]



Subject Written By Date/Time (PST)
  LAX-Las Vegas X-Train vs. Z-Train brouhaha Gene Poon 06-09-2010 - 10:01
  Re: LAX-Las Vegas X-Train vs. Z-Train brouhaha smitty195 06-09-2010 - 23:14
  Re: LAX-Las Vegas X-Train vs. Z-Train brouhaha Mike Swanson 06-10-2010 - 21:12


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