Exhibit D - Hon. Justice Pauley & Clerks: Cooper & Bonas 26255 Bungalow Court Valencia, California 91355 Today is 03-11-08. First, We thank you for honoring your duty & formally recognizing our objection to Mrrs Lloyd Constaintine, MIchael Hausfeld & Patrick Coughlin’s (PC) application for confirmation of his settlement & his request for an award of attorneys’ fees. We appreciate your looking out for We The People by ordering that I be included on the formal service list. Second, as an update, at 3:43 P.M on 03-10-08, Mr. PC served me, electronically, with all but the key filing – his opposition to the objectors’ papers. In response, at 6:10 P.M., I asked Mr. PC if he thought it might be a good idea if I thank you for ordering that I be recognized, as both a qualified “interested party” & The Judge Advocate General, which he previously refused to do, in breach of his fiduciary duties.1 Exactly 58 minutes later, at 19:08 hundred hours, Mr. PC responded to me, verbatim: Mr. Bonas: It has come to my attention that my earlier e-mail inadvertently did not have attached the … Reply Memorandum of Points and Authorities in Further Support of Motion for: (1) (2) (3) Final Approval of Class Action Settlement; Award of Attorneys' Fees; and Class Representatives' Petition for Incentive Awards.2
Third, for the record, I have previously requested from Mr. PC’s team a real simple copy of their lead counsel’s “hourly prices” & breakdown of their total time in the case, not the detailed back up. I have done so by hard copy, not electronic U.S. Postal mail. This information is at Mr. Lead counsel’s finger tips, yet he has shunned my real simple requests, in breach. Fourth, I note the reality that IF Mr. PC employed correct price protocol, which he impliedly swore to this court that he did, that real simple number includes “costs”, as “expenses” are a cost of doing business, built into ones hourly price, undeniably. Here, I tender, as all Lead Counsel’s are duty bound to produce to the court, my proof that I set my hourly price by the sole correct hourly price tag price protocol: Ex 300 (My expenses are included in my price- itemized cost of doing business!)
P.C.’s attempted bilking, on top of the “multiplier” is the point I now present as a deeply experienced Niche Complex Judge Advocate General. Some of my CV & samples are attached: Ex Gates Price Modeling Software - based on income & rivals’ current price intel (IRI)! In addition to being licensed [as an] attorney in any state or territory of the U.S., all military attorneys undergo specialized training to qualify as judge advocates, allowing them to act as trial or defense counsel at military courts-martial. Specialized training takes place at … military law centers.3
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One of my qualifying references is attached, marked Ex A. FCC Reply Final Approval Brief and Associated Papers , From: Jeff Kabacinski Hide , Add to: Blog, To Do, Calendar , To: yourkash@yourkash.com yourkash@yourkash.com, Date: Mon, 10 Mar 2008 7:08 pm 3 http://en.wikipedia.org/wiki/Judge_Advocate_General%27s_Corps#Special_training
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A) B) C) D)
“The average variable cost of a [Card service] … is the sum of all variable costs divided by the number of units produced.”4 “Variable costs are distinguished from fixed costs that remain constant regardless of the number of units produced.“5 “Profits are supra-competitive when they are unrestrained by [direct cost price] competition.”6 [I]n a competitive market price is equal to cost and each seller knows his own cost.”7
These 101 universal truisms define, in large part, “competition” and are such that Judicial notice must be taken – by a “good behavior” court. Here, direct evidence cemented the artificial number rig by each defendants own admission before the case was filed, on which I personally debriefed Mr. P.C. while I was in camp “college, or concentrating in camp,” working. I mark, for your information, one defense counsel contract in restraint of trade confession, verbatim: Visa et al D’s – Pro Fit 10K – Every Year of the Class Period! – Billions - Mckenzie! MasterCard et al D’s – Pro Fit 10K – Every Year of the Class Period! – Billons Piper MSI! With regard to the cleverly masked Cartel psychological marketing gimmicks, which Sugar Case cartel Schedule partner game is employed across all fields. This CEO market confession marks that reality, verbatim: A: We – our – our tactic ... is promotional.8
Dr. Romesh Wadhwani, Chairman
Matsushita - Have No Doubt Matsushita, foremost, explains HOW judgment works in the trust context. It affirms hornbook law that courts are bound to construe the facts in the light most favorable to the non-moving party, to give the non-moving party the benefit of all reasonable inferences, and to refrain from making credibility calls. It notes, however, that the accuser "must do more than simply show that there is some metaphysical doubt as to the material facts."9
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Liggett Group v. Brown & Williamson Tobacco, 964 F.2d 335 page 336 note 1 (4th Cir. 1992). Liggett Group v. Brown & Williamson Tobacco, 964 F.2d 335 page 336 note 1 (4th Cir. 1992). 6 Liggett Group v. Brown & Williamson Tobacco, 964 F.2d 335 page 336 note 3 (4th Cir. 1992). 7 Posner, Antitrust Law, An Economic Perspective, Ch 7, at 133, 136 (University of Chicago Press, 1976). 8 Frank Woodard Movie Video played at trial (VD), 351:7. (TWO THUMBS UP). 9 Matsushita, 475 U.S. at 588.
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