Balcones - the End?

[squire]

Well, nobody put a gun to Chip's head forcing him to sell a majority interest.

[The Black Tot]

Reads like he should have put two in his contract

[mbroo5880i]

As an enthusiast, I find anything whiskey-related to be interesting. But, to be honest, I have never seen Balcones in Indiana so I don't know if what happens here makes much difference to me.

[TomH]

As an enthusiast, I find anything whiskey-related to be interesting. But, to be honest, I have never seen Balcones in Indiana so I don't know if what happens here makes much difference to me.

It's here in Indianapolis...I may be wrong, but I would be surprised if you didn't walk right past it at whisky events you have attended.

[Harry in WashDC]

Here in WashDC, it's usually in "the locked case" or on the "really top shelf" which requires a ladder and a dirty look to get it. BUT, unlike a few other experimental offerings, I've been surprised by their eclectic offerings more than disappointed. For example, I joke about the True Blue 100 tasting like burnt buttered popcorn, but it really has something I can't identify that I like, especially in bloody marys, and makes me want to try their other products. For example, I have no idea how to categorize Rumble. To me, it's something like a Spanish brandy (certainly not a French brandy) crossed with a white whiskey (but not some generic white dog) in the style of a rhum agricole. IN SUM: I haven't found anything of theirs I'd bunker, but I haven't been disappointed by the ones I've tried - even at the relatively (to OGD for sure) high price.

[mbroo5880i]

It's here in Indianapolis...I may be wrong, but I would be surprised if you didn't walk right past it at whisky events you have attended.

Probably so Tom! I have occasionally be told "if it were a snake it would have bit you." Moreso, when I have been sampling the wares of distilleries than any other time.

[Restaurant man]

I didn't read all 13 pages of the thread, just found out about it late last night.

A$$h0l3s with money. If you have heard that used in context... will just leave it at that.

I'll make it clear I am not threatening anyone. There are fine folks that have raped the people of this country while working for firms such as Goldman Sachs, then were heavily rewarded when it started to clear. Guillotines on street corners around Wall st. They wouldn't need to be functional - they could even be welded shut - but they would serve a function. As suggestions to those who through their actions have cost the lives of thousands of Americans - no they may not have done the final act of murder but they did put thousands in a position where they died early deaths because of stress, unemployment, homelessness... you get the picture. They have killed more Americans than all acts of terrorism put together.

What do you think would have happened if someone from out of town tried pulling this in Kentucky a hundred years ago? Even today?

I read the first page, and went back a couple in this thread. I don't remember comments by anyone who has stirred corn mash by hand to create the products sold by Balcones.

The website for Balcones still has claims of stills they made themselves by hand... I don't remember anyone making a comment in this thread that crawled inside the copper, with a TIG torch and ran beads while suffering from the extreme heat and inhaling the fumes. Or concentrated exposure to hexavalent chromium from crawling inside stainless tanks to weld a ferrule. Surface preparation with hydrofluoric acid and exposure associated with it?

I remember seeing the fresh live oak curing in stacks up on the roof of the warehouse just after they began to occupy it several years ago. That is a hell of a space, but hardly as new as the Tribune article makes it sound.

Chip has been polite enough to me, he tolerated me as much as he needed to - but he's no angel. But who is? Homicidal Goldman Sachs angels?

I don't have first hand knowledge of the specifics but am certainly willing to rant. Yes, Jared is a good guy and has put in many years there, I haven's spoken with him recently but sort of know what he would have to say. I have another friend who used to work for them and left for reasons I won't bring up.

f'n aholes w/ money

[Capn Jimbo]

http://www.scribd.com/doc/239316390/Balcones-Court-Filing

Tate's response is revealing and actually rather amateurish. Is this attorney is pro bono or was this written at the bar (pun intended)? You decide, but when an attorney seems to reflect Tate's grandiosity by arguing for the "Soul of Texas", I'd say they had one too many drams of Brimstone. The filing appears to be poorly written, argued and presented. While it may please the client, and is clearly intended to influence the public, the Court is another matter entirely. In comparison the company's filing is professional, unemotional and succinct.

To me Tate's tone does not bode well. Apparently he's decided to carry out his threats of destroying his former company, but now in legal fashion. Mind you, these are just first impressions, but I'd guess that if the Judge rules in Balcone's favor, that may provide one final opportunity for a positive mutual resolution. But for now...

It's balls to the wall - neither party is backing down, and the hearing will no doubt be fodder for a Reality Show "The Craft Distillers of Texas". Time to watch "Thelma and Louise" again...

For more detail, stay tuned...

Edited September 21, 2014 by Capn Jimbo

[Capn Jimbo]

As promised...

Want more proof? Young Tate has already dumped that attorney (or possibly the reverse) - whose advice may have been more negative than he wanted to hear - and hired yet another attorney which also happened to serve to buy more time. Another questionable decision that smacks of confusion and emotional desperation.

Believe me, this does not bode well for the young man, who shows no better judgement in selecting counsel than he did in giving away his controlling interest. His grandiosity will not translate well to the court room, and I suspect he's beginning to realize that.

You may also rely on the fact that the company, knowing that Tate is of the Russian roulette brand of litigant, is fully prepared to defend and prove every comma in their impressive filing. According to Tate he went through weeks and weeks of failed negotiations but is not now prepared to go to hearing?

Poppycock.

Oh, and just a bit on his claim that his vote was required - even if proven true - that would only be possibly meaningful if his absence was not by his own choice. The company alleges quite the opposite and you can be sure they are fully prepared to prove that. A good corporate document usually anticipates such issues (like sickness, incapacitation, absence, damaging performance, refusal to participate, etc.) and provides for proceeding in the face of same.

Tate's filing and attorney changing tactic to avoid the hearing does not bode well. He will soon run out of delays and have to face the music.

I am not the least bit pleased to see what this talented young man has brought upon himself, which does no favors for anyone. No one can doubt for a microsecond that all here support craft distilling. It's sad, but it's happened, and it has to be reported.

It's just my educated guess - but Tate is running out of rope and his 90 days. His 15 minutes was up some time ago...

[Josh]

When is your 15 minutes going to be up "Cap'n"?

[Ishad]

Chip's presence being required for a voting quorum is specifically spelled out in the company agreement in the court docs. Section 5.1 (g). Which explains why they tried to dilute Chip's shares to less than 10% so his presence would no longer be contractually required for a voting quorum.

[The Black Tot]

On the internet, no well-written post goes unpunished.

I'm enjoying the Capn's participation.

There are points, and there are counterpoints. And then there is just plain threadcrapping.

[Josh]

Good for you.

There are points and counterpoints and then there are posts of excessive lengths posted excessively. As in the courtroom, "grandiosity" doesn't translate well to web forums. That's what blogs are for.

[squire]

So that's what blogs are for, I been wondering.

[bad_scientist]

Good for you.

There are points and counterpoints and then there are posts of excessive lengths posted excessively. As in the courtroom, "grandiosity" doesn't translate well to web forums. That's what blogs are for.

I don't know, Josh, you're pretty succinct on your blog. STEP UP THE BLOVIATING!

[The Black Tot]

Good for you.

There are points and counterpoints and then there are posts of excessive lengths posted excessively. As in the courtroom, "grandiosity" doesn't translate well to web forums. That's what blogs are for.

[Restaurant man]

When is your 15 minutes going to be up "Cap'n"?

[Josh]

So that's what blogs are for, I been wondering.

It's saved my marriage.

I don't know, Josh, you're pretty succinct on your blog. STEP UP THE BLOVIATING!

I'm planning to step it up this week with a 9 part series on the the impact of using two row barley vs. six row barley in American whiskey production in the 1870s.

Restaurant Man may still be giving out hugs...

I did miss his tiny little hugs last weekend.

Edited September 23, 2014 by Josh

[smokinjoe]

I'm planning to step it up this week with a 9 part series on the the impact of using two row barley vs. six row barley in American whiskey production in the 1870s.

Just remember Josh, it's not what you say that makes the biggest impact in the debate. It's using the most words to say it that is Trump! Repeat as necessary...

[squire]

Yes, the Harding rule. When the question was posed whether Warren G. Harding would make a suitable presidential candidate the Chairman of the nominating committee replied, "Of course, the man's a natural. He can speak eloquently at length and say absolutely nothing".

[Josh]

Just remember Josh, it's not what you say that makes the biggest impact in the debate. It's using the most words to say it that is Trump! Repeat as necessary...

Yes, the Harding rule. When the question was posed whether Warren G. Harding would make a suitable presidential candidate the Chairman of the nominating committee replied, "Of course, the man's a natural. He can speak eloquently at length and say absolutely nothing".

Indubitably!

:27::27::27::27:

[MacinJosh]

It's here in Indianapolis...I may be wrong, but I would be surprised if you didn't walk right past it at whisky events you have attended.

I don't think it is Tom. I've never seen a bottle. In fact, I was working with Denis at V&T to get distribution here but it fell through because their supply just can't meet demand as of now. Of course the new distillery and expansion should help this.

[Capn Jimbo]

As promised...

Want more proof? Young Tate has already dumped that attorney (or possibly the reverse) - whose advice may have been more negative than he wanted to hear - and hired yet another attorney which also happened to serve to buy more time. Another questionable decision that smacks of confusion and emotional desperation.

Believe me, this does not bode well for the young man, who shows no better judgement in selecting counsel than he did in giving away his controlling interest. His grandiosity will not translate well to the court room, and I suspect he's beginning to realize that.

You may also rely on the fact that the company, knowing that Tate is of the Russian roulette brand of litigant, is fully prepared to defend and prove every comma in their impressive filing. According to Tate he went through weeks and weeks of failed negotiations but is not now prepared to go to hearing?

Poppycock.

Oh, and just a bit on his claim that his vote was required - even if proven true - that would only be possibly meaningful if his absence was not by his own choice. The company alleges quite the opposite and you can be sure they are fully prepared to prove that. A good corporate document usually anticipates such issues (like sickness, incapacitation, absence, damaging performance, refusal to participate, etc.) and provides for proceeding in the face of same.

Tate's filing and attorney changing tactic to avoid the hearing does not bode well. He will soon run out of delays and have to face the music.

I am not the least bit pleased to see what this talented young man has brought upon himself, which does no favors for anyone. No one can doubt for a microsecond that all here support craft distilling. It's sad, but it's happened, and it has to be reported.

It's just my educated guess - but Tate is running out of rope and his 90 days. His 15 minutes was up some time ago...

I won't say I told you so, but... I did. Live with it. Tate has now been found in contempt of court and for good cause. As should be abundantly obvious to all except for his small crew of denialists/sycophants, his past and present actions seem entirely consistent and self-destructive. His fate was largely self-determined and he now appears to be paying the price. His best move - long past I'm afraid - would been have to face the fact that he chose to give up control and to - however reluctantly - cooperate with the company, proceed with the expansion and preserve what was a good reputation. And move forward.

To the contrary thumbing your nose at the Court yet - by failing to abide by the TRO, flouting the court order, delaying court appearances, destroying data and continuing to communicate with the media, including Chuck Cowdery (yes, I pointed that out too) - was predictably not well received by the Court, as should now be abundantly obvious. A wise man knows when to hold em, and when to fold them.

http://www.wacotrib.com/news/business/judge-rules-balcones-distilling-founder-in-contempt-of-court/article_5ff51a06-a2ce-5bfa-be91-6075e5eb6da8.html

At this writing a hearing to determine Tate's punishment for being found in contempt was to be held two days ago. Also to be determined will be whether the TRO will now become a temporary injunction, no doubt with new restrictions. I take no joy in Tate's fate, but there's comes a point when we all must step back, observe and accept his actions for what they are, and trust that justice is being done.

Time to fold em Chip...

[Harry in WashDC]

. . . I take no joy in Tate's fate, but there's comes a point when we all must step back, observe and accept his actions for what they are, and trust that justice is being done.

Time to fold em Chip...

Hmpf. It's about justice being done? I didn't know this dispute was about Right, Wrong, and Punishment. I thought it was about money, reputation, and control of a commercial enterprise. Foolish me. :blush:

[squire]

Money is at the heart of virtually all commercial disputes. As one of my favorite civil trial judges commented, "I don't mete out justice, I award damages".