Benjamin Charles Nutley, Esq. Field updates: Chris Messineo, Capt, USMC Economist – Contract Elements Pro Annapolis – U.S. Naval Academy 1055 [Chil] E. Colorado Blvd 5th Fl Economics Department Pasadena, CA 91106 589 McNair Road, Annapolis, MD 21402-5030 Re: Your Robert Brain from Pepperdine Felony Contract – to lie to me/US Dear Pussy Cats, Esq.: Some quick fact reminders about my 09-10-00 correspondence to you, verbatim: A) B) C) Your brief fails to address the points specifically approved & expected; Your [Bob Brain] version throws away [facts] and our best arguments; I requested your assistance, but never heard back from you; 1
Next, Suzelle Smith contracted with Robert Brain, a law professor at Pepperdine, in concert with Greg Stone, to lie to me, repeatedly, saying, verbatim: There is no direct contract [of price alignment by store grouping ] evidence. You all told me that, in concert, after I presented to you details of this contract, verbatim: Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. What is the -- what is the tier with the largest number of stores? That would be our chain tier.2 So … how many stores are in the chain tier? I believe it's about 100, 100, 104 … is the number.3 And base means the majority of Ra- [Ron Burkle’s] stores, does it not? Yes. And in Region 0101, L.A. Orange County base, there are more than 100 … maybe as many as 150 [or more] stores, are there not? Yes.4 -- going back to now Exhibit 2100 – [T]his report reflects the majority of V-- locations were priced at 2.09 … right? I guess so.5 Zones 1, 4, 5 and 15, those weren't the only zones … priced at 2.09…? No. No. Zones, 11, 14, 16 and 17, large, large … were also priced at 2.09…? That's correct. And at zones 19 and 20, right? That's correct.6
As I’ve detailed you, again, about the alignment contract, based on the price check up contract, in my Bob Brain – Kendrick Files, AA-ZZ, your omission of real simple pricing facts in my pricing case seals malpractice + fraud = punitive damages + lying that I got stage fright?
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My 9-10-00 15 page Pelican Brief Memo to you all (Brain, Bubb Suzelle, Ben) page 1. AL - H, Ed, on trial, at page 1905:27-1906:1. 3 Al’s H, Ed, on trial, at page 1906:5-8. 4 R-T-D on trial, at page 2261:15-21. 5 V-JC on trial, page 2517:15-20. 6 V-JC on trial, page 2516:11-18.
CONTRACT ELEMENTS … [I]f the [targeted] competitor … allows us to … survey, we … allow them to ….7 Before entering that contract, there was: A. A) B) C) Q. Q. A. An offer to reciprocate access, to align store price groups; An acceptance of reciprocal access to check up on aligned pricing; Combined, coordinated check up acts, by rival teams, to keep price up Okay. And you said, in May of 1998, that you knew the $2.09 price for the chain, C-H-A-I-N, tier --8 - because you committed that specific price to memory like your phone number. Do you recall that? I … the chain tier comes up first on any reports received, so generally that's the one that would stick in your mind, anything that came up first on a report.9 Would you like to look at the deposition? I believe you.10
Q. A.
(Gas Chains) bernanke@princeton.edu (Gas Chains) Q. "-- set maximum prices --" excuse me, "—maximum [cereal] prices in [the base L.A. Orange majority] … areas." That's the amount they ... reimbursed ...? A. Yes.”11 A. -- "the WIC price on ... [cereal & PB] tends to be the barometer for … prices."12 A. “I ask the [managers of the] … stores [like Bradley O’Husky] being … checked or … surveyed by competitors to report to me the day, the time, and who the competitor is, and … a … recap of what was surveyed.13 ... The list of … stores that are being surveyed that you keep, is that kept on computer or hard copy? Computer. 14 By:__________________________
Q. A. Date:
7 8
12-18-07
Woodard VT, 348-349:27 (Emphasis added). Sharon Gutierrez, on trial stand, at page 2043:7-14. 9 Id 10 Al’s G., S. on trial, at page 2043:2-6. 11 Ken Elzinga Live Trial, @4161:14-19 12 KEN ELZINGA T&T, @4140:__ -4141:4 13 Safeway’s Vons’ Frank Woodward VT, 48:05-15. 14 Woodard VT, 51:13-16. (Amp).