Google Inc. v. American Blind & Wallpaper Factory, Inc.
Filing
243
Attachment 20
Declaration of Ajay S. Krishnan in Support of
238 MOTION for Sanctions
Notice of Motion and Motion for Terminating, Evidentiary, and Monetary Sanctions Against ABWF for Spoliation of Evidence filed byGoogle Inc., Google Inc.. (Attachments: #
1 Exhibit A#
2 Exhibit B#
3 Exhibit C#
4 Exhibit D#
5 Exhibit E#
6 Exhibit F#
7 Exhibit G#
8 Exhibit H#
9 Exhibit I#
10 Exhibit J#
11 Exhibit K#
12 Exhibit L#
13 Exhibit M#
14 Exhibit N#
15 Exhibit O#
16 Exhibit P#
17 Exhibit Q#
18 Exhibit R#
19 Exhibit S (part 1)#
20 Exhibit S (part 2)#
21 Exhibit T#
22 Exhibit U#
23 Exhibit V#
24 Exhibit W#
25 Exhibit X)(Related document(s)
238) (Krishnan, Ajay) (Filed on 12/26/2006)
Google Inc. v. American Blind & Wallpaper Factory, Inc.
Doc. 243 Att. 20
Case 5:03-cv-05340-JF
Document 243-21
Filed 12/26/2006
Page 1 of 49
i 10/2006 Page 50 of 50 Case 2:06-cv-13576-AC-SDP Document 3-1 F"I de08/
(c) Inventions and Patents. All inventions, Innovations or improvements
in Corporation's products, improvements, softare and discoveries, whether
patentable or copyrightable or not. conceived or made by Executive, either alone or jointly with others, during the Employment Teml (or during any earlier term of employment of Executive by the Corporation) are hereby assigned to and belong to the Corporation. Executive wil promptly disclose in writing such inventions,
innovatiöns or improvements to the Board and peñonn. at tha Corporation's
expense. all actions reasonably requested by the Board to establish and confirm. such ownership by Corporation. including, but not limited to. cooperating with and assisting Corporation in obtaining patents for Corporation in the United States of America and In foreign countries.
(d) Covenant Not To Comoete: No Sollcitat;ol).
(i) Executive acknowledges and recognizes the hìghly competitive
nature of Corporation's business and. in consideration of the Corporation's agreements hereunder, Executive agrees that during the Covered Time (as hereinafter defined), Executive wil not: (aa) compete with the buslness of
Corporation, which means that Executive wil not engage, directly or
indirectly! in the Covered Business (as hereinafter defined) in the Covered Area (as hereinafter defined); or (bb) direotly or indirectly solicit or attempt to solicit any customer, vendor or distributor of the Corporation with respect to any product or service being furnished. made or sold by the Corporation.
(ii) Executive agrees that during the Covered Time he shi:ll not
directly or indirectly, solicit or attempt to
solicit any of the executives or
empioyees who are employed by the corporation at the time of the empioyees
termination of ExecutIve's empioyment, to become executives or
of any other person or entity with which he is afflíated.
(ll) Executive understands that the provisions of Section 11 (d)(I)
may limit his abilit to earn a livelihood in a business similar to the buslne!'s of Corporation but nevertheless agrees and hereby acknowledges that the consideration provided under this Agreement. including any amounts or benefits provided under Section 10, Is.sÜffi:ienUo ju.stlfy the.restrictions contained in such provisions and in consideration thereof and In wil not light of
Executive's education, skils and abilties, Executive agrees that he
assert that, and it should not be considered that. such provisions prevent him from earning a living or otherwise are void or unenforceable or should be
voided or held unenforceable. Executive acknowledges and agrees that his duties with Corporation are of an executive nature and that he is a member of Corporation's management group.
Page 10
K:\ETA\sJGldidlàgmllelipllgrnatzaIJZoo.wp
Dockets.Justia.com
Case 5:03-cv-05340-JF
Document 243-21
Filed 12/26/2006
Page 2 of 49
Case 2:06-cv-13576-AC-SDP Document 3-2 Filed 08/10/2006 Page 1 of 48
(e) Qefinlton of Corporation. For purposes of this Section 11, the term
"Corporationb shall include Corporation and any and all of whether currently existing or hereafter formed, which are
its subsidiaries, ventures. engaged in the Covered
Business or a portion thereof, as well as any person or entity to whom this Agreement is assigned as permitted by Section 17 herein; provided that for
purposes of this Section 11, only that portion of such personls or entity's business: (i) that is a continuation of the Corporation's business; (ii) employs executives or employees who were executives or employees of the Corporation prior to such
assignment; or (ii) has customers, vendors of distributors who or which were
customers, vendors or distributors ofthe Corporation prior to such assignment, wil be covered under this definition of Corporation.
(f) Enforcement.
(i) The parties hereto agree and acknowledge thatthe covenants
and agreements contained herein are reasonably necessary in duration and to protect the reasonable competiive buslnesG interests of the Corporation
including, without limitation; the value of the Proprietary Information and good wil of the Corporation.
(II) Executive agrees that the covenants and undertakings
contained in Section 11 of this Agreement relate to matters which are of a
special, unique and extraordinary character and that the Corporation cannot
be reasonably or adequately compensated in damages in an action at law in the event Executive breaches any of these covenants or undertakings. Therefore, Executive agrees that the Corporation shall be entitled. as a
matter of course, without the need to prove irreparable injury, to an injunction, restraining order or other equitable relief fr9m any court of
competent
jurisdiction, restraining any violation orthreatened violation of any of such terms by Executive.
(Ii) Rights and remedies provided for in this Section are cumulative
and shall be in addition to rights and remedies otherwise available to the parties under any other agreement or applicable law.
(iv) In the event that any provision of this Agreement shall to any
extent be held invalid. unreasonable or unenforceable lñ any cirëumst~U'ïces'-
the parties hereto agree that the remainder of this Agreement and the
application of such provision of this Agreement to other circumstances shall
be valid and enforceable to the fullest extent permitted by law. If any
provision of
this Agreement, or any part thereof. is held to be unenforceable because of the scope or duration of or the area covered by such provision,
determination shall reduce the scope, duration and/or area
the parties hereto agree that the court or arbitrator making such
of such provision
(and shall substiute appropriate provisions for any such unenforceable
K:\ETA\SJG\dld\igmllemplagmkatzl'n-2oo.wp
Page 11
Case 5:03-cv-05340-JF
Document 243-21
Filed 12/26/2006
Page 3 of 49
Case 2:06-cv-13576-AC-SDP Document 3-2 F Iid e 006 Page 2 of 48 08/10/2
provisions) in order to make such provision enforceable to the fullest extent permitted by law, and/or shall delete specifc words and phrases, and such modified provision shall then be enforceable and shall be enforced. The parties hereto recognize that if, in any judIcial proceeding or arbitration, a
court or arbitrator shall refuse to enforce any of the separate covenants
contained In this Agreement, then that unenforceable covenant contained in
this Agreement shall be deemed eliminated from these provisions to the
extent necessary
to permit the remaining separate covenants to be enforced. In the event that any court or arbitrator det!3rmlnes that the time period or the
area, or both, are unreasonable and that any of the covenants is to that
extent unenforceable, the parties hereto agree that such covenants wil
remain in full force and effect, fir$t, for the greatest time period, and secondi in the greatest geographical area that would not render the~ unenforceable.
(9) CerlJain Other Definitions.
(I) "Covered Area" shall mean the United States of Amerioa.
Canada or any territoties, possessions or dependencies of such countries.
(il) "Covered Busjriess~ shall mean the sale through ~BOO~numbers"
window treatments. and
or over the Internet, of any wallpaper, blinds or other wall
engaged in at the
time ofthe termination of Executive's employment with the Corporation; provided, however. that such ~Covered Business. shall not Include any third part entity whose sales of such products sold by the Corporation is not s material part of said third part entities' buslnesa and have no material involvement In that part of said third where Executive shall
part entities' business.
coverings or any other business which the Corporation is actively
(Ii) ~Covered Time" means the period of time commencing on the
Effective Date and ending on:
(a
a) except in the circumstances described in clauses (bb),
and (ee); inclusive. (x) the end of one full calendar year following the daté of termination of Executive's employmenti if the. Corporation
terminates Executive's employment without Cause, the Corporation
elects to not
renew the Executive's. Empioyment Agreement or Executive terminates his employment for Good Reason; orovlØed,
how~\(eri that if Executive declines to receive the payments to which he would be otherwise be entitled pursuant to Section 10 hereof In connection with such temiination. the post-employment Covered lime shall be iero; provided further, that the non~Sollcitation Provisions of Section 11 (d)(ii) shall nonetheless relTsin in effect for a oeriod of one
fullcajendaryp-srfollowing the date of such termination; or (y) the end
of one full calenoar y'ear following the date of Executive's termination
Pilge12
K:\ET A\SGldldlarimpl_gmktzIl2(l.wp
Case 5:03-cv-05340-JF
Document 243-21
Filed 12/26/2006
Page 4 of 49
Case 2:06-cv-13576-AC-SDP Document 3-2 Filed 08/10/2006 Page 3 of 48
of Employment in the event that the Executive elects to not renew his
Employment Agreement;
(bb) the end of two full calendar years following the dats of termination of Executive's employment if the Corporation terminates
Executive's empioyment for Cause or Executive termins.tes his employment without Good Reason;
(cc) the end of one full calendar year foiiowing the date of
the terminatior of the Executive~s employment as a result of a
Change of Control;
(iv) The phrase Pengage. directlv orindirectly. shall mean engaging.
directly or having an lnterest, directly or indirectly, aa owner, partner, shareholder, independent contractor, capital investor, lender, renderer of
than
consultation services or advice or otherwise (other than as the holder of less 2% of the outstandìng stock of a publiCiy-traded corporation), eith.er alone or in assoèiatlon with othersi in the operation of any aspect of any type or enterprise engaged in any aspect of the Covered Buslness. of business Executive shall be deemed engaged in business in the Covered Area if his place of business is located in the Covered Area or if he solicits customers located anyWhere in, or delivers products anyWhere In, the Covered Area.
fees
(b) The Corporation shall pay Executive's reasonable legal and other
and expenses incurred by Executive in connection with the negotiation, execution and delivery of this Agreement and the Option Agreements.
13. Dlrectors' and Offcers Insurance: Indemnification.. The Corporation
shall, at all times during the Employment Term (or Bny Extended Employment Term, as applicable) and thereafter while any Iiabilty may exist, provide Executive, Daniel Gilmartin
and all other Directors on the Corporation's Board of Directors with Directors and Offcers insurance, in an amount customary for corporations similar in size and value to thei Corporation and engaged in business activities similar to the business activites of the Corporation. Such Insurance shall be obtained from an insurance company wit not less to engage in business in the stpte of Delaware. A certifcate than an AA rating, licensed of such insurartce shall be. provided to E)(ecutive as soon as practicable after to the
Effective date of this Agreement. Such insurance shall not be cancelled or not renewed
K:\ET A\SG'(IClgmii.mpliigmk.lim8w2Cl.wp
Page 13
Case 5:03-cv-05340-JF
Document 243-21
Filed 12/26/2006
Page 5 of 49
Case 2:06-cv-13576-AC-SDP Document 3-2 Filed 08/10/2006 Page 4 of 48
without giving Executive thirt (30) days prior written notice thereof. The Corporation
further agrees to indemnify Executive to the fullest extent permitted by applicable law for all of his actions and inactions in connection with his employment hereunder. and shall advance to Executive legal feesi promptly upon submission of invoices therefor and a reasonably acceptable undertking pursuant to which the Executive agrees to reimburse the Corporation If an arbítrator or court of competent jurisdiction determines that the
Executive was not entitled to any such advances.
14. No Duty to Mitiaatt. The Executive shall have no duty to mitigate the Base
Severance Amount, or any other amounts payable to him hereunder, and such amounts
shall not be subject to reduction for any compensation received by Executive from empioyment in any capacity or other source following the termination of Executive's
employment with the Corporation and its subsidiaries. Amounts due Executive hereunder shall not be subject to offset by the Corporatíon for any claims the Corporation may have against Executive. unless otherwise specifically agreed tOt in writing, by Executive.
15. Erlor Agreements-=Amendments: No WaIver. This Agreement contaíns
the entire understanding between the parties hereto with respect to the subject matter hereof. This Agreement may not be changed orally, but only by an instrument in writing signed by each part hereto. No failure on the part of either part to exerclse, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any partial exercise of any right hereunder preclude any further exercise thereof. Without limiting the
generality of the first sentence of this Section 15, any and all prior employment agreements between Corporation (or any predecessor-in-Interest oftha Corporation) and Executive are hereby terminated on and as oftha Effective Date, including without limitation that certain
(a) Empioyment Agreement dated as of November 4, 1993 by and between ABWF and i 1997 by Agreement dated as of April
Acquisition Corp. and Executive (b) Sale Bonus
between Executìve. Color Tile, Inc. and American Blind and Wallpaper Factory, Inc.
(HABWf"); (c) the
Interim Change of Control Agreement by and between the Bank Group and Executive, as adopted by the Bank Group as of January, 1998; and (d) the Original Employment Agreement dated as of August 14, 1998 between the Exeoutive and ABWF.
16. Withholding. The corporation shall be entitled to withhold from any and all amounts pay~ble to Executive hereunder suoh amounts as may, from time to time, be
required to be withheld pursuant to applicable tax laws and regulations.
17. success!on. Assignabilty and B¡ndlria'Eff~.
(a.) The Corporation may assign all of its rights and obligations hereunder purchase, merger,
to any successor or successors (whether direct or indirect, by
consolidation or otherwise) to all or substantially all of the business and/or assets of the Corporation; provided, however, thï:t the Corporation wil require each such
successor or successors to expressly assume and agree to peiiorm this Agreement in the same manner and to the same extent that the Corporation would be required
to penorm ìt if no such succession had taken place and further provided thiat nothing
K:\EA\SJG\dd\~\8plalimklll1man.20Q.wø
P-o' 14
Case 5:03-cv-05340-JF
Document 243-21
Filed 12/26/2006
Page 6 of 49
Page 5 of 48
Case 2:06-cv-13576-AC-SDP Document 3-2 Filed 08/10/2006
..
contained herein shall aetas a release of the Corporation of its obligatîon$
hereunder.
(b) This Agreement shall inure to the benefit of and shall be binding upon the corporation and its successors and assigns. Executive may not assign.
transfer, pledge, encumber, hypothecate or otherwise dispose of this Agreement or
any of his rights or obligations hereunder without the prior written consent of the
Corporationt and any such attempted assignment, transfer, pledge, encumbrance, hypothecatìon or other disposition without such consent shall be null and void and. without effect. Notwithstanding the foregoing. it Is expressly understood and agreed
that the Executive's estate shall be entited to all monies due to Executive
hereunder In the event Executíve dies at. or subsequent to, the termination of his empioyment, but prior to the receipt by Exeoutive of monies due him pursuant to the terms hereof,
18. ~adlml$. The Section and subsection headings contained herein are
included solely for convenience of reference and shall not control or affect the meaning or
interpretation of any of the provisions of this Agreement. .
19. . H,9tice~. Any notices or other communications hereunder by either part
shall be in wrîting and shall be deemed to have been duly given if delivered personally to the other part or, if sent by registered or certified mail, upon receiptt to the other part at
his or its address set forth at the beginning of this Agreement or at such other addreSS as
such other part may designate in conformity with the foregoing..
20. Governing La'N. This Agreement shall be governed by. and construed and
enforced in accordance with, the laws of the State of Michigan applicable to contracts
made and to be penormed wholly in that stats, without giving effect to the principles thereof relating to the conflicts of laws.
21. Arbitration.
(a) Disputes Subject t9 Arbitratl9n. Except as provided jn Section 11, the
Corporation and Executive mutuplly consent to the resolution by arbitration of any dispute between the Corporation and Executive underthls Agreement (a "DIspute").
__....._ ,". _._. no... ,..__.._--" _.__.._..-._-_. -_.__....... -- .--..-.-----.,'.,... _.._- ._.. _. ........ - -
(b)
Arbitration Procedures.
(i) The corporation and Executive agree that, except as provided
in this Agreement, any arbitration shall be in accordance with the thencurrent National Rules for the Resolution of Employment Disputes Model
which the arbitration Is convened (the" Arbitrator"). The arbitration shall take
page 15
Empioyment Arbitration Procedures ofthe American Arbitration AssocIation (~AAfl) before an arbitrator who Îs licenced to practice law in the atate in
K;\Er A\sJGldli'gml\lmplligmklllZl'n-200.wi
Case 5:03-cv-05340-JF
Document 243-21
Filed 12/26/2006
Page 7 of 49
i 08/10 Case 2:06-cv-13576-AC-SDP Document 3-2 F I de /2006 Page 6 of 48
place in or near the city in which Executive is or was last empioyed by the
Corporation.
(ii) The Arbitrator shall be selected as follows. The AA shall give
each part a list of i 1 arbitrators drawn from its panel of labor and empioyment arbitrators. Each side may strike all names on the list it deems
unacceptable. If only one common name remains on the lists of all parties.
said individual shail be designated as the Arbitrator. If more than one
common name remains on the lists of all partlesi the parties shall strike
names alternatively unti only Ol'e remains. If no commonlist andremains on name the parties
the lists of all parties, the AA shall furnish an additional
shall alternate striking names on such second list until an arbitrator is
selected.
(ii) The Arbitrator shall apply the law of the state of Michigan
applicable to contracts made and to be performed wholly In that state
(without giving effectto the principles thereofrelating to conflcts oflaw). The F edera I Rules of Evidence shall apply. The Arbitrator shall render a decision
within thirt days of the date upon which the Arbitrator is selected pursuant to Section 21(b)(ii), which decision shall be final and binding upon the parties.
(Iv) Thé Arbitrator shall have jurisdiction to hear and rule on prehearing disputes and is authorized to hold pre-hearing conferences by telephone or in person as the Arbitrator deems necessarý. The Arbitrator
shall have the authority to entertain a motion to dismiss and/or a motion for summary Judgment by any part and shall apply the standards governing such notions under the Federal Rules of Civil Procedure.
(v) Either part. at its expense, may arrange for and pay the costs
of a court reporter to provide a stenographic report of proceedings.
(vi) Either part, upon request at the close of hearing i . shall be
given leave to file a post-hearing brief. The time for filing suoh a brief shall be set by the Arbitrator.
. (vi!). n. ... Either-arL:-may-brinan:iorrin -ay court of competent
jurisdiction to compel arbitration under this Section 21. Except as otherwise provided in this Section 21, both the Corporation and Executive agree that neither such part shall Initiate or prosecute any lawsuit or administrative action in any way related to any Dispute covered by this Section 21.
in the form typically
(vii) The arbitrator shall render an opinion
rendered in IÇibor arbitrations,
Page 16
K:\lT A\SJG't~lImll&mPi.iimk;izmi1ri.~~.wp
Case 5:03-cv-05340-JF
Document 243-21
Filed 12/26/2006
Page 8 of 49
Case 2:06-cv-13576-AC-SDP Document 3-2 Filed 08/10/2006 Page 7 of 48
(c) Arbitration Fees and Costs. The Corporation and Executive shall
equally share the fees and costs of the Arbitrator. Each part wil deposit funds or
post other appropriate security for its share of
the Arbitrator's fee. in an amount and
manner determined by the Arbitrator, ten (10) days before the first day of hearing. The losing part in the arbitration (as determined by the Arbitrator) shall pay for Îts
own. and, If awarded by the arbitrator, the losing part shall also pay for the prevailng partls costs and attorneys' fees,
(d) OODorturiit to Review. The Executive acknowledges that he has
been given the opportunity to discuss this Agreement, including this Secion 21, with his pñvate legal counsel and has availed himself ofthat opportunity to the extent he
wishes to do so.
(e) LaW Governing. The partíes agree that the arbitration provisions set forth in this Section 21 wil be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1.16. ("FAA"). The parties further agree that all Disputes. whether arising under law, wil be subject to the FAA, notwithstanding any state or local state or federal laws to the contrary.
,.. ___._.....------i~n_- ...
K:\EA\sJG'vldligml\impl.lirnlitun-200.wp
PJge 11
Case 5:03-cv-05340-JF
Document 243-21
Filed 12/26/2006
Page 9 of 49
Case 2:06-cv-13576-AC-SDP Document 3-2 Filed 08/10/2006 Page 8 of 48
-"
executed this IN WITNESS WHEREOF, the parties hereto have dUly
Agreement
on
the day and year first above written.
DECQRATETODAy,COM, INC.
By:
Name:
Title:
b~
-:
y..: Gdm/Hl./-/tI
6. ¡j 10 4 ¿ao
EXECUTIV~ ß
STEVEN B. KA TZMA
K:\EA\sJG\dtdmt\impl;igmkll%mlin.200o-,wp
Case 5:03-cv-05340-JF
Document 243-21
Filed 12/26/2006
Page 10 of 49
Case 2:06-cv-13576-AC-SDP Document 3-2 Filed 08/10/2006 Page 9 of 48
Case 5:03-cv-05340-JF
Document 243-21
\ ,
Filed 12/26/2006
Page 11 of 49
Case 2:06-cv-13576-AC-SDP Document 3-2
Filed 08/10/2006 Page 10 of 48
,A
Empioyee Hardware Loan
By signg tbe Employee agree to be responsible for the retun Dr the
hardware and al peripherals in the same conditon it was loaned to
them. In the event the Employee does not retrn the equipment, or
returns the equipment in unusable condition" the Employee wi be
responsible for the replaceient value of tbe equipment aDd authories
American Blid and Wallpaper Factory to propey deduct such
amount from Employees last payroll check.
!8''"'l C(ITOlililor lllrdWJJC ... !lfh hltt
MII)'illrerl iinI~ lidAlftrc JlJi liIUyaiWklo~lg~ rob\ UK Yci mI ~ti.-iko~ieJld
ol 1'iicl~ pi:1o Gquliill OD Qle or CIIiH lIQlpt IId..fI 11 ÎI ~1l ~Illy to ~ iolb i;IJo pollø.
. 'ro ~y lkesc th~'UIe orooir!O~ fl a "an iit:l~ pilll ~ Co~)' 00 nol ii
ih.. ,Qf or 110 Jd1t dlJllllon OoleitlQl .. 801' eoco fL bilrl' DO ¡¡al ~ · ~hilitt by
iI US CoiJ1 Ac u. S\ 1\- C,; ø'lod (!ut .na ~önw 1ft iwl 10 1: U$ fur ~ Ut
Tho (:)' ""iilJ Ih \iUalloo io~ 11 nro~ 5lnw '1¡bt fu tloi J; ~ri)'-i ~i=
11 Ii ~i-ibilîi to vï ~~4U miitllldd~-id ~
YoU lpi '" Tt.. ."d n: .i ecll.."'1l1f oiiii "'~ 1) ~1\ ii n:lI d=ttMUliiQl '" Ib Ci)' on ..~_ yo 1I cloy ofmilD)'l
\
\i \
. C~i. 'ßft ili:nmcU.'lOl ""'¡iinlo; owns 1I\1I,i, rcml bo i( up ¡uii. ,\Ç~ i. to be tcl ii ~
~l: ..i: ,,~i coiq to~ j. Iiiill. Sytim dinit ""'I bo "" -i i ~lnl_ti oftl Co. UllJ\K .¡=ia wity dolI ~i; biomi~on .. wiii pifi wlll bc itiiti
in IL ,I/tlibr by Il IT d~pllL Drll ~.
n. fo illr po.itoo. 1b. _1n ohou14 ti"' be íi or Wi 1i ol .clo:y
l
~
~
SiIoIl slil4 wok wi\l l;io~tt 1u f¡!I -ILlI'Y (I 1b own peRI_ poi..ty iultrltl . .
IT miy ci. IIft 1iiili Df ct oonl1 Dwri: by I!~ ",~y lln~ ti~
Name: Steve Kaumai
EmpJoyee Signature; YI
Pate Loaned: 2114/06
~
~ r~
ate Retnnied:
~.\ 'l
Management APproval Signature:
Make: DELL
-, ;
Model: Latitude D610
:':.\
.l
1"i
DeScrption: ~
:.1 i -I
Serial Nuinber: CN.OC4708-863-61 A~ 1411
I
~setTag: 34~1
Battery: JP-OY1338-201%wSC))1935 Spare Dattery:KROYF3507176J.61BwBODN
~ouse: IJ0541S5680~ power Cord: CN-007809-7161S-SaSw 11 C2
LU_,n..Ili-~X¡I~"'IJ"
Case 5:03-cv-05340-JF
Document 243-21
Filed 12/26/2006
Page 12 of 49
Page 11 of 48
Case 2:06-cv-13576-AC-SDP Document 3-2 Filed 08/10/2006
."
-~
l!rlJ?her.Rl~ sent with Bardware __
..,.,' 1 ~.JjP.!r~~~.~~f.,r./ ..._.-.1..
d;~';:;;t1 ),~
l&an Cbecldln
Device works correctly
Al DecesSlIry pelpherab are pru'fided with the device
o If Dnt. please gie reaon why:
L UDneeessary aid/or sensidve software removed. (I CPl
Teçhnîdan Signature;
llturn Çheeklt
DeTiee works corr~tl
Al peripherals sent wtth the device were returned o UDO!, plese gli: reiiøDD wby:
i Penon
a! iifonuation remoýed. (I CPU)
T..ió..Sigomre, ~ ~ßr Jpf6
~~
L1rn-i~..ri\l\M-~Ik'iI.i
Case 5:03-cv-05340-JF
Document 243-21
Filed 12/26/2006
Page 13 of 49
Case 2:06-cv-13576-AC-SDP Document 3-2 Filed 08/10/2006 Page 12 of 48
Case 5:03-cv-05340-JF
Document 243-21
Filed 12/26/2006
Page 14 of 49
Case 2:06-cv-13576-AC-SDP Document 3-2 Filed 08/10/2006 Page 13 of 48
Amencan
BLINDS, WALLPAPER & MORE
Steven Katzman
Chlaf Exiiuts Ofer
May 18, 2006
To The Boar ofDirlS of Anercm Blid an Walpapa Factoiyi In.
Efecw liedtcly I resign my position as Ch of
th Boar ~ Boar Memlx.
Chief:&utve Qfçer, Priden an Emloyee of American Bli -and Walpap you and i wi alys chesh th
Faciy, Inc. I have enjoyed workig with all of wpn an gudan th you have prvide I of
only wish the be for eah and ever one
you.
~lf~
"
009 N Sheldn Rod . Ayout, MI48170 · (734) 207-5888 · Fax (734) 207 -8292 · stevk(!arrricanbllnds,co
Case 5:03-cv-05340-JF
Document 243-21
Filed 12/26/2006
Page 15 of 49
Case 2:06-cv-13576-AC-SDP Document 3-2 Filed 08/10/2006 Page 14 of 48
Case 5:03-cv-05340-JF
Document 243-21
Filed 12/26/2006
Filed 08/10/2006
Page 16 of 49
Page 15 of 48
Case 2:06-cv-13576-AC-SDP Document 3-2
~
NJW YOIIK, NY
..,l'HINO'O"", m:
~
KELLEY DRYE & WARREN LLP
iI ,,1..''rIUt \o,Ii_,\olh "A.''''''.I1I~
o
333 WEST WACKER DRIVE
SU ITE 2600
F",ACSI1'11.!:
c;n:¡) S~7.."'09'l
CHICAGO, ILLINOIS e060S
q12) 1;57-1070
ww.k..lI.iydr;y...çom
OSUS,6N GREENSPQN
CIFlEC1 lI'lE: (312) &57-7080
1'''1.0''. CQJINI:PI. vJ#
5.T,.Mt"OllP~ Cì
p..Il~IPF'..N'1. NJ
EMAIL: 'Drl.ntøon~keiilydr~i.~(it\
8fiU5$E.L6. i6ELGluM
..J"P"LI¡I'T1: o~F¡C:.&
..A....t.TAl INDONES'.
MUI'BAI, INDl,A
May 19, 2006
VIA E-Mail (StevenKntzmanl(ãvahoo.com) VIA UPS
Mr. Steve Katzman
6531 Pembridge Hil
West Bloomfield, MI 48322
Dear Steve:
American Blind and Wallpaper Factory, Inc., CABWF") has informed me that varous items that were in your offce, including files, documents, records. electronic data.
computeT fies and other propi;etar infonnation, are missing. TIie removal of any non-personal property from ABWF is criminal theft and civil conversion. ABWF hereby demands that you retum any such property, or any and aU other ABWF materials you have in your possession, by 5:00 p.m. on Monday, May 22, 2006. All electronic data and all other company materials in your possession are the propert of ABWF, and ABWF treats such infonnation and data as such information.
propriety and confidentiaL. You are not in any manner to keep copies of
In the event you fail to comply with ABWF's request, or you use or distribute any of ABWF's propriety and confidential information, ABWF wil take appropriate legal action.
~~'-'--:A .....
~)---:/'.i;/....
S an J. Greenspon
SG:bjm
CHOlIGREES/209503.1
Case 5:03-cv-05340-JF
Document 243-21
Filed 12/26/2006
Page 17 of 49
Case 2:06-cv-13576-AC-SDP Document 3-2 Filed 08/10/2006 Page 16 of 48
--
Case 5:03-cv-05340-JF
Document 243-21
Document 3-2
Filed 12/26/2006
Filed 08/10/2006
Page 18 of 49
Page 17 of 48
Case 2:06-cv-13576-AC-SDP
,i-' ..
j
\.
e
e
.. LI..I'lttJ L1A_ILITT j:""R'Ti-J:"i:i-IP
KELLEY ORYE'& WARREN LL.P
333 WEST WACKER DRIVE
SUlfE: e600
NEW YO'RK. f.Y
rAC51i.1Lit
WASl-INGTON, DC
CHICAGO, ILLINOIS 60606
(3IZ) 8"'7-7070
("s12) ÐD7ir70S!S
.www.k.iII...ydrye.c.om
TYSONS c;QAH'ER, vA
$TA""rQRD1 eiPARSlttPAt.... N.J
SU$AN GReENSPOI'
OIREC'T L1I'E: (312) G!Y.70eo
BRU~~ELS. BELGU.iM
i;MkIL' .gr..n'~oRq¡k.Il.Ydry.-.òi'
Air,.ILlAn: o,.Flci;::
~JAKARiA. I NOONE61,i
MUl.eAl. INDIA
May 19,2006
VIA, FACSIMILE (248-592-1964) &
VIA E-MAIL (Sn.;VENKATZMANl ~y AHOO.COiv)
Steven Katzman
6531 Pembridge Hil
West Bloomfield, MI 48322
Re: American Blînd and Wallpaper Factory. me.
Dear Steve:
As counsel for .Aerean Blind and Wallpaper Factory, me, ("ABWF"). tre. have we may
been instructed to contact you regarding certain conduct you have engaged in, which if
be actionable under Michigan state law. We have been informed that you have been in contact , with certain vendors an.d creditors of ABWF following your tender of resignation from ABWF. We have also been advised that in at least one conversation with a vendor, you have indicated or implied that ABWF is in financial distress. Specifically, references to a representative of the new majority shareholder as a "workout man" taking over control of ABWF suggests a negative connotation with regard to the financial stabilty of ABWF. Based on these comments, at least one vendor has already elected to rescind credit and has refused to continue to manufacture and ship merchandise on. behalf of ABWF. You should be aware that any representations you have
made or may make regarding ABWF being in financial distress are absolutely false. As of Monday, May 22, ABWF wil have access to a new $10 millon revolving line of credit, $3.8
milion of
which is currently funded, and wit be in complete compliance with all cQvenants.
As a shareholder of ABWF, a closely held corporation, you may stm owe a duty of loyalty and a fiduciary duty not to harm the corporation in any manner, regardless of your employment status. As you know, ABWf has business relationships with its suppliers, Any intentional interference by you that causes the termination of these relationships may be considered tortious interference with economic advantage. Similarly, any dissemination by you
CHOI/PLATC/20!l412,3
Case 5:03-cv-05340-JF
Document 243-21
Filed 12/26/2006
Page 19 of 49
Case 2:06-cv-13576-AC-SDP Document 3-2 Filed 08/10/2006 Page 18 of 48
""' 'l " ..
e
e
KELLEY DRYE & WARREN LLP
Steven Katzman May 19, 2006 Page Two
of false information that tends to prejudice ABWF in the conduct of its business, or'hat deters others froni dealing with ABWF, is actionable defamation.
If you do not refrain from any further corrunications with any vendors,
creditors, suppliers, customers and/or employees on any matters which interfere with ABWF's relationships with these entities or individuals, which misrepresents or misstates ABWF's currnt condition, or is otherwise in violation of your duties under the law, ABWF wil have no option but to protect its interests and assert any legal cause of action it may have against you
Sincerely,
(,:'". . .?,. ':'.;~:'-"
. )' .'f....... -:..:==._..__....__,_~~.....".. Gi.'r-..i:..~ ,- ,:;:.' ", ..' -.---..,..-.--... .. '-" . ....,..-..........
~. .
_......, / (.,/' ../
'/~.
Susan J. Greenspon
SJG:bjrn
CH01/PLA TC/2Q94n.J
Case 5:03-cv-05340-JF
Document 243-21
Filed 12/26/2006
Page 20 of 49
Case 2:06-cv-13576-AC-SDP Document 3-2 Filed 08/10/2006. Page 19 of 48
~
Case 5:03-cv-05340-JF
Document 243-21
Filed 12/26/2006
Filed 08/10/2006
Page 21 of 49
Page~~e'¥ øl3
Case 2:06-cv-13576-AC-SDP Document 3-2 . 'Fw; Return of PropeTty Demand letter
Greenspont Susan
From: Steven Katzman rstevenkatzman1 ~yahQo.com)
Sent: Monday, June 05, 2006 12:07 PM
To: Greenspon. Susan
Subject: RE: Return of Property Demand letter
Importnce: High
Susan -
As we discussed on the telephone for security purposes I did archive my corporate records on my home computer. Also as we discussed as of the first of the year we implemented a new program called Coremetrìcs that tracks all website activity. One of the features of this softare is that it allows you to automate sending reports on a daily basis. Initially for some reason I was not receiving the reports in my corporate e-maíl account so I added a personal yahoo email account to also receive the daily reports.
Wíth respect to the Coremetric e-mails, I have copied all 4,368 e-maíls to a pst file on a disk
and I am sending you 2 disks in the mail
today (1 for you to forward to American Blinds and the
other to keep for your files). I have also sent a copy to my attorney for safe keeping. I have done so in the event a dispute arises where the integrity of the information becomes important I will not keep a copy nor wlli or anyone on my behalf access the information for any purpose precluded by the employment agreement
With respect to the corporate records, I amin the process of reviewing over 15,000 items so that i can remove any personal related items before sending you copies. As soon as I have completed this review I will forward pst files on a disk of all corporate related records that I have archived. If there are any specific corporate records that American Blìnds believes they need immediately please let me know and I wil get those out in advance of forwarding the entire file.
Thanks i steve
248-310-3635
From: Greenspon, Susan (maiILo:SGreenspon(QKelleyDrye,çoni)
Sent: Wednesday, May 241 2006 5:39 PM
To: steven K~tzn1an
Subject: FW: Return of Propert Demand lettr
Steve:
Per your request, attached is the letter sent to you on Fríday regsrdíng the return of corporate property.
Thanks Susan
Susan J. Greenspon
KELLEY DRYE & WARREN LLP 333 W. Wacker Dr.
8/3/2006
Case 5:03-cv-05340-JF
Document 243-21
Filed 12/26/2006
Page 22 of 49
, . Case 2:06-cv-13576-AC-SDP Document 3-2 Filed 08/10/2006 . 'FW: Rcturn of Propert Demand letter
Page~gc0 ~
Suite 2600 Chicago, lllnois 60606
(312) 857-7080 (direct) (312) 857.7095 (facsimile)
~---Orlginal Me$ge-from: Greinspo,i, Susan
Serit= Frld~y, May 19, 20069:35 PM
To, 'sævenkatzmanil§yahoo.com'
te: 'Jon Bauer'
Subjec Retum of PioPt!rt Demand li¡ttcr
-:-:209503. doc:;:;
Susan J. Greenspon
KELLEY DRYE & WARREN LLP 333 W Wacker Dr.
Suite 2600 Chicago, Illnois 60606
(312) 857-7080 (direct) (312) 857-7095 (facsìmile)
tax advice contained in this conununication, unless otherwise stated. is not intended and cannot be used for the purpose uf avoiding tax-related penalties.
PurSlIant to Treasury Regulations, any U.S. federal
The infonnation contained ìn this E-mail message is privileged, confidentiaL, and may be protected from disclosure; please be aware that any other use, printing, copying, disclosure or dissemination of you think that you have received this communication may be subject to legal restriction or sanction, If
this E-mail message in error, please reply to the sender. '
This E-mail im::ssage and any attachments have been scaned for virues and are believed to be free of any virus or other defect that might afftJct any computer system into which it is received and opened.
However, it ìs the responsibîlity orthc recipient to ensure that it is virus free and no responsibility is
accepted by Kelley Drye & Warren LLP for any loss or damage arising in any way from its use.
8/3/2006
Case 5:03-cv-05340-JF
Document 243-21
Filed 12/26/2006
Page 23 of 49
Case 2:06-cv-13576-AC-SDP Document 3-2 Filed 08/10/2006 Page 22 of 48
--
Case 5:03-cv-05340-JF
Document 243-21
Filed 12/26/2006
Page 24 of 49
Page.23 of 4&
Case 2:06-cv-13576-AC-SDP Document 3-2 Filed 08/10/2006
r FW: Return of Propert Demand letter
rage i on
Greenspon. Susan
From: Steven Katzman ¡stevenkatzrnan1fgyahoo.coml
Sent: Monday, June
12, 2006 11:i 1 AM
To: Greenspon, Susan
Subject: RE: Return of Propert Demand letter
Importance: High
Susan -
I am in receipt of your correspondence dated June 8, 2006. It is inaccurate in that you received the e~mail below on June 5th and not on June 7th. More importantly, I take exception to the fact that you are suggesting the first time you became aware that I was putting the requested information together was as a result of the e-mail below. You and I have had several discussions over the telephone concerning this matter since I received your correspondence of May 19th and prior to me sending the e-mail below. I advised you that I am, and continue to, dilgently work on assembling the requested information. According to my employment agreement I am only required to return records that paragraph 11(b) of
contain any proprietary information. I do not believe anyone is as well posítioned as I am to
pìck out the personal informatíon that is contained in the fies. Once I began reviewing the information I discovered that there are in excess of 35,000 ítems and therefore it has proven to be. a much more diffcult task than I originally anticipated. I will certainly maintain the integrîty of the proprietaiy information and I have every intention of complying with the non-disclosure requirements under paragraph 11 (a) of my empioyment agreement. I have already sent you
the Coremetric$ e-mails and I anticipate sending the remaining files out this week. Upon reviewing the items, it is my sense that I don't have anything in my possessÎon that is of a
critical business nature. However, please let me know if there is anything that American Blinds believes is of a critical nature and assuming that I have such information I wìl foiward such
immediately.
Sincerely,
Steven Katzman
From: Steven Kat2m;in imai\to~stevenkatimani(§yahoo.coml
Sent: Monday, June as, 2006 1:07 PM To: 'Greenspon, Susan'
Subject: RE: Return of Propert Demand letter
Import4Jnce: High
Susan -
As we discussed on the telephone for security purposes I did archìve my corporate records on
my home computer. Also as we dìscussed as of the first of the year we features of thisnew ìmplemented a softare
program called Coremetri"cs that tracks all website activity. One of the
is that it allows you to automate sending reports on a daily basis. Initially for some reason I was not receiving the reports in my corporate e-maìl account so I added a personal yahoo e-
mail account to also receìve the daily reports.
8/3/2006
Case 5:03-cv-05340-JF
Propert Demand letter
Document 243-21
Document 3-2
Filed 12/26/2006
Filed 08/10/2006
Page 25 of 49
pagipt~ ~fo1~
Case 2:06-cv-13576-AC-SDP
;'
F1V: Return of
With respect to the Core and I am sending you 2 disks in the
metric e-mails. I have copied all mail
4,368 e~mails to a pst file on a disk
today (1 for you to forward to American Blinds and the
other to keep for your files). I have also sent a copy to my attorney for safe keeping. I have done so in the event a dispute arises where the integrity of the information becomes important
I wil not keep a copy nor willi or anyone on my behalf access the information for any purpose
precluded by the employment agreement.
With réSpect to the corporate records, I am in the process of reviewing over 15,000 items so that I can remove any personal related items before sending you copies. As soon as I have
completed this review I wil foiward pst fies on a disk of all corporate related records that I
have archived. If there are any specific corporate records that American Blinds believes they need immediately please let me know and i wll get those out in advance of forwarding the entire file.
Thanks, Steve
248-310-3635
From: Greenspon¡ susan (mailto:SGreenspont§KelleyDiye,ÇOm)
Sent: Wednesday, May 24,20065:39 PM
To: Steven Katzman
Subject: FW: Return of Propert Demand letter
Steve: Per your requesl, attached is the letter sent to you on Friday regarding the return of corporate propert. Thanks Susan
Susan J. Greenspon
KELLEY DRYE &. WARREN LLP 333 W. Wacker Dr.
Suite 2600 Chicago, Ilinois 60606
(312) 857-7080 (direct) (312) 857-1095 (facsimile)
----origlmil Me~gge"'"
Frorr= Green$pn, SU$an
Serat: Friday, May is, 20069:35 PM
To: '$\evenkatimanlily;hoo.com'
Cc: 'Jon Bauer
SUbjer;: R2ti.rn of ProPirt Demi!nd letter
.-c:209503.doc;.::
Susan J. Greenspon
KELLEY DRYE & WARREN LLP
8/3/2006
Case 5:03-cv-05340-JF
Property Demand letter
Document 243-21
Document 3-2
Filed 12/26/2006
Filed 08/10/2006
Page 26 of 49
Page 25 of 48 Page 3 of3
, Case 2:06-cv-13576-AC-SDP
.,. F)l: Rerum of
333 W. Wacker Dr.
Suite 2600 Chicago, Illnois 60606
(312) 857-7080 (direct) (312) 857-7095 (facsimile)
Pursuant to Treasur Regulations, any U.S. federal tax advice con1aìned in this communication, unless
otherwise stated, is not intended and canot be used for the purpose of avoiding ta-related penalties.
The information contained in this E-mail message is privileged, confidential, and may be protected from disclosure; please be aware that any other use, printing, copying, disclosur or dissemination of you think that you have received this conuunication may be subject to legal restriction or sanction. If
this E-mail message in error, please reply to the sender.
This E-mail message and any attachments have been scaned for vimses and are believed to be free of any virus or other defect that might affect any computer system into which it is received and op~ncd. the recipient to ensure that it is virs free mid no respomiibilty is However, it is the responsibî1ty of Kelley Dre & Warren LLP for any loss or damage ansing in any way from its use. accepied by
8/3/2006
Case 5:03-cv-05340-JF
Document 243-21
Filed 12/26/2006
Page 27 of 49
.,
Case 2:06-cv-13576-AC-SDP Document 3-2 Filed 08/10/2006 Page 26 of 48
Case 5:03-cv-05340-JF
Document 243-21
Filed 12/26/2006
Page 28 of 49
. Case 2:06-cv-13576-AC-SDP Document 3-2 Filed 08/10/2006 Page.27 of 4R
FW: Retum of Proper Demand letter page 1 on
..
"
Greensponj Susan
From: Steven Katzman (stevenkatzman1(Qyahoo,coml
Sent: WednBsday, June 14, 20069:10 PM
To: Greenspon, Susan
Subject: RE: Return of Propert Demand letter
Susan -
I am sending you a disk that includes all company related e-mails and documents that were archived on my home computer. I. have also provided a copy to my attorney for safe keeping. I have done so in the event a dispute arises where the integrity of the information becomes
important. I wil not keep a copy nor wilI or anyone on my behalf access the information for any purpose precluded by the employment agreement.
Steven Katzman
From: Stevèn Katiman (maílto:stevenkatimanlêlyahoo,com)
Senb Monday, June 121 2006 12:11 PM
To: 'Greenspon, Susan'
Subject: RE: Return of Propert Oemand lettr
Importance: High
Susan -
I an' În receípt of your correspondence dated June 8, 2006. It is inaccurate in that you received the a-mail below on June 5th and not on June 7th, More importantly, I take exception to the fact that you are suggesting the first time you became aware that I was putting the requested information together was as a result of the e-mail below. You and I have had
several díscussions over the telephone concerning this matter since I received your
correspondence of May 19th and prior to me sending the e-mail below. I advised you that I am, and continue to, dilgently work on assembling the requested information, According to paragraph 11 (b) of my employment agreement I am only required to return records that
contain any proprietary information. I do not believe anyone is as well positoned as I am to
pick out the personal information that ís contained in the files. Once I began reviewing the to therefore it has proven
information I discovered that there are in excess of 35,000 items and
be a much more diffcult task than I originally anticipated. I wil certainly maintain the integrity of the proprietary information and I have every intention of complying with the non-disclosure requirements under paragraph 11(a) of my employment agreement. i have already sent you the Coremetrics e-mails and i anticipate sending the remaining files out this week. Upona that is of
reviewing the items, it is my sense that i don't have anything in my possession
critical business nature. However, please let me know if there is anything that American Blinds believes is of a critical nature and assuming that I have such ínformation I will forward such immediately.
Sincerely,
steven Katzman
8/3/2006
Case 5:03-cv-05340-JF
FW: Return of Proper Demand leter
Document 243-21
Document 3-2
Filed 12/26/2006
Filed 08/10/2006
Page 29 of 49
Case 2:06-cv-13576-AC-SDP
Pag~e~ &i
From: Steven Katzman (mallto:stevenkatzmani(§yahoo.comJ
Sent: Monday, June 05,20061:07 PM
To: 'Greenspon, Susan'
Subject: RE: Return of Propert Demand letter
importance: High
Susan -
As we discussed on the telephone for security purposes I did archive my corporate records on my home computer. Also as we discussed as of the first of the year we implemented a new program called Coremetrics that tracks all website activity. One of the features of this softare is that it allows you to automate sendìng reports on a daily basis. Initially for some reason I was not receîving the reports in my corporate a-mail account so I added a personal yahoo email account to also receive the daily reports.
With respect to the Coremetric e-mails, I have copied all and I am sending you 2 disks in the mail today (1 for you to foiward to
4,368 e-mails to a pst file on a disk American Blinds and the
other to keep for your files). I have also sent a copy to my attorney for safe keeping. I have
done SO in the event a dispute arises where the integrity of the information becomes important. I will not keep a copy nor wili or a'nyone on my behalf access the information for any purpose precluded by the empioyment agreement.
Wîth respect to the corporate records, I am in the process of reviewing over 15,000 items so that I can remove any personal related items before sending you copies. As soon as I have completed this review I wil forward pst files on a disk of all corporate related records that I have archived. If there are any specific corporate records that American Blinds believes they need immediately please let me know and I wil get those out in advance of forwarding the entire file.
Thanks, Steve
24 8-31 0~3635
from: Greenspon, Susan (mailto:SGreenspon(§KelleyDtye,COm)
Sent: Wednesday, May 24/20065:39 PM To: Steven Katzman Subject: FW: Return of Propert Demand lettr
steve:
Per your request, attached is the letter sent to you on friday regarding the return of corporate property.
Thanks Susan
Susan J. Greenspon
KELLEY DRYE & WARREN LLP 333 W. Wacker Dr.
Suite 2600 Chicago, Ilinois 60606
(312) 857-7080 (direct) (312) 857-7095 (facsimile)
8/312006
Case 5:03-cv-05340-JF
Document 243-21
Document 3-2
Filed 12/26/2006
Filed 08/10/2006
Page 30 of 49
Page¡fjeOl ~P3
FW: Return of
Case 2:06-cv-13576-AC-SDP Property Demand letter
'"
.---'urginal Mesge..-.
from: Greenspo, Susan
Sent: Frida." May 19, 2006 9:3S PM
Tr:= 'sævenkatzmanl(¡yiihoo.com'
Ct,' 'JOn ~u~r'
SUb~ct; Rl!turn Dr PfQpert Deand letter
...:209503.doc::;;
Susan J. Greenspon
KELLEY DRYE & WARREN LLP 333 W. Wacker Dr. Suite 2600
Chicago, Ilinois 60606
(312) 857-7080 (direct) (312) 857-7095 (facsimile)
Pursuant to Treasury Regulations, any U.S. fcderal tax advice contained in ths communication, unkss
otherwise stated~ is not intended and cannot be used for the purpose of avoidíng tax~relnted penalties,
The information contained in this E-mail message is privileged, confidential, and may be protected from disclosure; please be aware that any other use, printing, copying, disclosure or dissemination of this communication may be subject to legal restriction or sanction. lfyoii think that you have received this E-mail IDt:ssage in error, please reply to the sender.
This E-nIail message and any attachments have been scanned for vinises and are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened. the recipient to ensure that it is virus free and no responsibilty is However, it is the responsibility of accepted by Kelley Drye & Waren LLP for any loss or damage arising in any way from íts use.
8/3/2006
Case 5:03-cv-05340-JF
Document 243-21
Filed 12/26/2006
Page 31 of 49
.,
Case 2:06-cv-13576-AC-SDP Document 3-2 Filed 08/10/2006 Page 30 of 48
~
Case 5:03-cv-05340-JF
Document 243-21
Filed 12/26/2006
Page 32 of 49
Case 2:06-cv-13576-AC-SDP Document 3-2 Filed 08/10/2006 Page 31 of 48
-/NEW yORKT NY
W.lSI"tlNGTO,., DC
_LEY DRYE & WARRE N
". LII'I''-O LI"'~IL~TT ....II.UIi:1I5HI..
LLP
.l
333 WEST WACKER ORIVE
SUITE 2600
CHICAGO, ILLINOIS 60606
(311D 85:0-'070
,¡TAt-FO"'D, CT
P,ÅFi!5I~PANYt N.o
J'"!i;:!IMlLE
,;li~l e"7-?Qçoi:
www.k"lleyoryu_.,om
5USAN GfU:ENSPON
DIRECT L1N'E: U1~J S~7.7030
SMA.I L: 6~f..n.pon-e".II.y~r~e ,~..m
TYIiON~ COFlN£R~ v..
BRV$SEL&, ..!LGIUM
A,.~I..l""TI: oJoIC:¡::;
jAkARTA_ IÑDON¡;SIA
MUMB,AI. IND...
June 21, 2006
VIA E-I\AIL (STEVENKATZMANl (íy AHOO.cOM) & V)A UPS OVERNlGnT COUJUE;8
Mr. Steven Katzman
6531 Pembridge Hil
West Bloomfield, MI 48322
Re: Return OfCOIDpiiny Propert
Dear Steve:
Please be advised that I finally received the disk containing your electronic fies in today's maiL. Than you for sending me same, Please note, however, that it has just come to the Comp¡iy's attention, that you are still in possession ofthat certaín Dell Laptop Computer,
Serial No. CN-OC4708~48643-61A-1421 in addition to the battery, spare batter. mouse, and
power cord that you loaned ín coruectíon with same from the Company pursuant to that -cerain
Employee Hardware Loan Agreement dated Februar 14,2006. Please retum all such Company
propery to the Company by PO later than 5:00 pm tomorroW, June 22. 2006. Your anticipated cooperation in this matter is appreciated,
SJG:bjrn Enclosure
CHOI/GREESlil0428.1
Case 5:03-cv-05340-JF
Document 243-21
Filed 12/26/2006
Page 33 of 49
Case 2:06-cv-13576-AC-SDP Document 3-2 Filed 08/10/2006 Page 32 of 48
Case 5:03-cv-05340-JF
Document 243-21
Filed 12/26/2006
Page 34 of 49
. Page i of2
Case 2:06-cv-13576-AC-SDP Document 3-2
Filed 08/10/2006 Page 33 of 48
Fw: PDF Cover Sheet
~t
.l
Greenspon, Susan
From: Steven Katzman1 lstevenkatzman1(?yahoo.com)
Sent: Thursday, June 22,20066:44 PM
To; Greenspon, Susan
Cc: joel(§americanblinds.com
Subject: RE: PDF Cover Sheet
Susan -
Is American Blinds willng to sell me the computer at fair mar-ket value?
Steve Katzman
From: Greensponi Susan (mallto;SGreen5pOn~KelleyDiye.com) sent: Thursday, June 22, 2006 11 :44 AM To: Stevenkatznianl(§yahoo.com
Cc: joei(§ameriçanbiinds.com
Subject: Fw: PDF Cover Sheet
Steve: Pel' your request, attached is a copy of the Hardware Loan Agreement you sìgned for the Dell Laptop and related
accessories. Please advise if you wil be coinplyíng with the tenus of my letter yesterday with respect to the return of same.
Susan
....--_...._--_....----_.._----
Sent from my BlackBerr Wireless H¡idheld (www.BhiçkB&n).net)
_.--Original Message--"~ From: Pitney Bowes CH To: Greenspon, Susan Sent: Thu Jun 22 lO:20:48 2006 Subject: PDF Cover Sheet
.;.;DOCOO 1.PDF:;:;
Pursuant to Treasury Regulations, any U.S. federal tax advice contained in this cQmmunication, unless
otherwise siated, is not intended and cannot be used for the purpose of avoiding tax-related penalties.
The infomiation contained in ths E-mail message is privileged, confidential; and may be protected from dîsclosure; please be aware that any other use, printing, copying. disclosure or dissemination of you think that you have received ths communication may be subject to legal restnction or sanction. If
this E-mail message in error, please reply to the sender.
8/312006
Case 5:03-cv-05340-JF
Document 243-21
Filed 12/26/2006
Page 35 of 49
Page 2 of2
Case 2:06-cv-13576-AC-SDP Document 3-2
Filed 08/10/2006 Page 34 of 48
Fw: PDF Cover Sheet
,
~
This E-mail message and any attachments have been scaned for viroses and are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened. the recipient to ensure that it is virus free and no responsibility is However, it is the responsibility of accepted by Kelley Drye & Warren LLP for any loss or damage arising in any way from its use,
8/3/2006
Case 5:03-cv-05340-JF
Document 243-21
Filed 12/26/2006
Page 36 of 49
.,
Case 2:06-cv-13576-AC-SDP Document 3-2 Filed 08/10/2006 Page 35 of 48
Case 5:03-cv-05340-JF
Document 243-21
Filed 12/26/2006
Page 37 of 49
Page 36 of 48
Case 2:06-cv-13576-AC-SDP Document 3-2 Filed 08/10/2006
.. ..'
Fw: PDF Cover Sheet
,
Page i of2
Greenspon, Susan
From; Joel Levine Uoe1tæamericanblinds.com)
Sent: thursday, June 22.20068:41 PM
To; Greenspon, Susan
Subject: FW: PDF Cover Sheet
The answer is nO. We want all the items back.
Joel
From: Steven Katzman1 (m¡;ìlto:stevenkatzmanl(êyahoo.com)
Sent: Thu 6/22/2006 7:44 PM
To: 'Greenspon, Susan'
ee: Joel Levine
Subject: RE; PDF Cover Sheet
Susan -
Is American Blinds wiling to sell me the computer at fair market value?
Steve Katzman
From: Greenspon, Susan (mailto;SGreenspon(§KelleyDiye.comJ
Sent: Thursday, June 22, 200611:44 AM
To: Stevenkatzmanl~yahoo.com
Cc: joel(§americanbllnds.Gom
Subject: Fw: PDF Cover Sheet
Steve:
Per your request, anached is a copy ofthe Hardware Loan Agreement you signed for the Dell Laptop and related you wìl be complying with the tenns army letter yesterday with respect to thi: return of same. accessories. Please advise if Susan
...._---"._........__..---_.._---
Sent from my BlackBerr Wireless Handheld (www.BlaekBerr.net)
m~Origînal Message--..From: Pitney Bowes CH
To: Greenspon, Susan
Sent Thu Jun 22 10:20:4& 2006
Subject: PDF Cover Sheet
.(-(DOCOO i .PDf.:;
81312006
Case 5:03-cv-05340-JF
Document 243-21
Filed 12/26/2006
Page 38 of 49
Page 1 of i
Case 2:06-cv-13576-AC-SDP Document 3-2 Filed 08/10/2006 Page 37 of 48
Short David
From: Joel Levine ooel(§americanblinds,com)
Sent: Thursday, August 03,200612:57 PM
To: Short David
Subject: FW: Competitive Landscape
Importance: High
From: Chad Spawr
Sent: Wednesday, July 19, 20063:50 PM
To: Joel Leine
Subjec: FW: Competitive Landscape
Importance: High
Joel,
Just found this smail in Irma's Inbox in Outlook. Note that he wrote it just a couple of days ago, Not sure what he was thinkíng, but thought you'd find this interesting.
Chad
-----Origlnal Message----
From: Steven Katzman (mailto:stevenkatzman::riyahoo.com)
sent: Mondayi July 17, 2006 11;58 AM
To: Irma Kline
Cc:Mrludi;ypk(§aol.com
Subject: Competitive Landscape
Importance: High
IrmaCan you go through the ordering process with each competitor and see whether there are any additional charges they include right before you buy (i.e. Shipping charges, processing fees, across any that have these type of charges UPS insurance, etc...). In the event you come please describe them in detaìl. Also, please make notes on which brand each website carries.
I added 4 additional columns to the competitor trackìng form. Let me know if you have any questions.
Thanks,
Steve Katzman
248-310-3635
8/3/2006
Case 5:03-cv-05340-JF
Document 243-21
Filed 12/26/2006
Page 39 of 49
.. Case 2:06-cv-13576-AC-SDP Document 3-2 Filed 08/10/2006 Page 38 of 48
EXHIBIT FILED UNDER SEAL
Case 5:03-cv-05340-JF
Document 243-21
Filed 12/26/2006
Page 40 of 49
Case 2:06-cv-13576-AC-SDP Document 3-2 Filed 08/10/2006 Page 39 of 48
Case 5:03-cv-05340-JF
Document 243-21
Document 3-2
Filed 12/26/2006
Filed 08/10/2006
Page 41 of 49
Page 40 of 48
.\ Case 2:06-cv-13576-AC-SDP
Short David
llJd RT
lrom:
Sent:
To:
Joel Levine (joel(Çamericanblínds.coml Thursday, August 03, 2006 12:58 PM Short David
Subject:
FW: Redlined Version Employee Handbook
Redllned lersion.doc (596 KB
~
-----Original Message----From; Ch.id Spawr
Sent: Monday, July 24, 2006 2:50 PM To: Joel Levine Subj ect: rw: Redlined Version Employee Handbook
Joel,
This is the latest email from Katzman to Irma.
Docs he know that she i s gone':' LooJ. ilt the attadimenl; he sent to her'?
Child
-----Orlginal Message-----
From: Steven Kat zman (mail to: stevenkatzmanl0yahoo. com)
Sent: Friday, July 21, 2006 5:33 PM To: Irmd Kline Subject: Redlined Version Emplöyee f1;,ndbook
********~
protected from disclosure; please be awar':i t,h.,;i-t any other UB.;, printing, copy.i.ng, disc,) Qi:I)H; or dissemination
The informatiön cOntained in this E-mail ffÐssaqe is privi.leged, confidential, and may be
of th.\:, Gommunication may be s\ioject to legal r68tr.i.ction or sanction. If you think that
you have received this E-mail message in errori please reply to the sender and delete it from your compute r. T hank you,
Case 5:03-cv-05340-JF
Document 243-21
Filed 12/26/2006
Page 42 of 49
'. Case 2:06-cv-13576-AC-SDP Document 3-2 Filed 08/10/2006 Page 41 of 48
EXHIBIT FILED UNDER SEAL
Case 5:03-cv-05340-JF
Document 243-21
Filed 12/26/2006
Page 43 of 49
Case 2:06-cv-13576-AC-SDP Document 3-2 Filed 08/10/2006 Page 42 of 48
Case 5:03-cv-05340-JF
Document 243-21
Filed 12/26/2006
Filed 08/10/2006
Page 44 of 49
Page. 43 of 4ft
page 1 oí-i
Case 2:06-cv-13576-AC-SDP Document 3-2
Short David
From: Joel Levine OoeltQamericariblinds.coml
Sent: Thursday. August 03,200612:58 PM
To: Short David
subject: FW: CompetItive Landscape
Importance: High
From: Chad Spawr
Sent: Monday, July 24, 20062:54 PM
To: Joel Levine
Subject: FW: Competitive Landscape
Importnce; High
Joel,
This is 2n updated resend of the document he sent to Irma last week.
Chad
_m-Original Message-----
From: Steven Katzman (maîlto:stevenkatimanl(§yahoo.com)
Sent: Friday, July 21, 2006 5:31 PM
To: Irma Kline
Subject: PN: Competitive Landscape
Importance: High
"
From: Steven Katzman (mailto:stevenkatim¡:ni(§yahoo.com) Sent: Monday, July 17, 2006 11:58 AM To: IRMA KLINE (ilk3689t§aol.com)
ee: Mrluckypk(Qaol.com
Subject: Competitive Landscape
Importance: High
IrmaCan you go through the ordering process with each competitor and see whether there are any additional charges they ínclude right before you buy (Le. Shipping charges, processing fees, UPS insurance, etc...). In the event you come across any that have these type of charges please describe them in detaiL. Also. please make notes on which brand each website carries.
I added 4 additional columns to the competitor tracking form. Let me know if you have any questions.
Thanks,
8/3/2006
Case 5:03-cv-05340-JF
Document 243-21
Filed 12/26/2006
Page 45 of 49
Page 2 of2
.,
Case 2:06-cv-13576-AC-SDP Document 3-2 Filed 08/10/2006 Page 44 of 48
Steve Katzman
248-310-3635
8/3/2006
Case 5:03-cv-05340-JF
Document 243-21
Filed 12/26/2006
Page 46 of 49
-. Case 2:06-cv-13576-AC-SDP Document 3-2 Filed 08/10/2006 Page 45 of 48
. EXHIBIT FILED UNDER SEAL
Case 5:03-cv-05340-JF
Document 243-21
Filed 12/26/2006
Page 47 of 49
'. Case 2:06-cv-13576-AC-SDP Document 3-2 Filed 08/10/2006 Page 46 of 48
(1:~.J
"
~l ~j ", .,
Case 5:03-cv-05340-JF
Document 243-21
Filed 12/26/2006
Page 48 of 49
" Case 2:06-cv-13576-AC-SDP Document 3-2 Filed 08/10/2006 Page 47 of 48
steve rccess. txt ,
2006-0~~21,07: 27: 14,2006-05-21,07: 27: 14,h72. 16.17.2,23,4 131190 OS/21/2006
07:28:52.580 sEv~3 AUTH/5 RPT~704 68.40.136.63 Authentication rejected: Reason = user waS not found handle c 502, server ~ Internal, user ~ skatzman, domain ~ ~not
spec; fi ed::
2006-05-21,07: 27: 17,2006-05-21,07: 27: 17,172.16.17.2.23,4,131192 OS/21/2006
07:28:55.830 sEv~3 AUTH/S RPT=705 68.40.136.63 AuLhentitation rejected: Reason ~ user was noL found handle ~ 503, server = internal, user ~ skatzman, domain = ~not
sped fi ed;:
2006-05-21,07 :27: 21, 2006~05-21,07 :27: 21, 172 .16.17. i, 23,4,131194 OS/21/2006
07:28:59.350 SEV=3 AUTH/5 RPT~706 68.40.136.63 Authentication
rejected: Reason = User waS not found hand1 e ~ 504, server = ¡nterna1, user - skatzman, domai n ~ ~not
specifi ed:.
2006-05-21,07: 27: 34 ,2006-05-21,07 :27: 34,172.16.17.2,23,4,131203 OS/21/2006
07: 29: 12.480 SEV=3 AUT. H/S RPT~707 68.40..136.63 Authenti cati on rej ected: Reason ~
U$et was not found handle = 506, server ~ Internal, user., skatzman, domain ~ ~not
S peci fi ed;:
2006-05~21 ,07: 27: 50,2006-05-21,07 :27: 50, 172.16.17.2,23,4,131205 OS/21/2006
07: 29: 28. 080 SEv~3 AUTH/5 RPT=708 68.40.136.63 Authenti cation rej ected: Reason ~ user was not found handle- 507, server ~ internal, user - ; rmak, domain = ~not
specifi ed::
speci fi ed~ . .'
speci fied,.
2006-05-21,07: 27: S4. 2006-05-21, 07: 27: 54,172.16.17.2 J 23 ,4,131207 OS/21/2006
07:29:32.680 SEV~3 AUTH/5 RPT-709 68.40.136.63 Authentication rejected: Reason ~ user was not found handle m 508, server ~ Internal, user - i \mak, domain ~ ~not
2006-05~ii, 07: 28: 10 ,2006-05-21,07: 28: 10, 172.16.17. i. 23,4,131216 OS/21/2006
07:29:48.610 sEv~3 AUTH/5 RPT=710 68.40.136.63 Authentication rejected: Reason ~ invalid password handle", 510, server.. 1nternal, user., i,kline, domain "" ~not
19:11:42. 530 SEv~3 AlIH/S RPT=868 68.40.136.63 Authenti cai:ion rejected: Reason II invalid ~assword handle - 952, server ~ Internal, user ~ grupprecnt, domain ~ ~nDl:
speciffí d). . . ec; ie ed~ sp
specifi ad;:
2006-06-04,19: 09: 26,2006-06-04, i9~09: 26,172.16.17.2,23,4,158947 06/04/2006
19:11:36.990 SEVm3 AUTH/S RPT-867 68.40.136.63 Authentication rejected: Reason ~ Invalid password handle = 951, server., internal, user = grupprecht, domain - ~not
specified). .',
specified). .
2006-06-04,19: 08: 50, 2006~06-04, 19: 08: 50,172.16.17.2.23,4,158945 06/04/2006
19:11:00.170 SEv=3 AUTH/5 RPT=866 68.40.136.63 Authentication rejected: Reason ~ user was not found handle ~ 950, server = Internal. user ~ ;mhot~p, domain ~ ~not
2006-06-04,19:09:32,2006-06-04,19:09:32,172.16.17. 2,23 ,4, 158949 06/04/2006
2006-06-04,19:10: 19,2006-06-04,19:10: 19, 172 .16.17.2,23,4,158971 06/04/2006
19: 12: 29 .130 SEv~3 AUTH/S RPT=869 68.40.136.63 Autheni:; cati on rej ected: Reason =
invalid password handle ~ 955, server ~ Internal, user., grupprecht, domain ~ ~not
2006-06-04,19:10:24,2006-06-04,19: 10: 24,172.16.17.2,23,4,158973 06/04/2006
19:12:34.540 SEV=3 AUTH/S RPT~870 68.40.136.63 Authentication rejected: Reason ¡nvalid password handle - 956, server = Internal, user = gruppreèht, domain ~ ~not
2006-06-04,19: 10:43,2006-06-04,19: 10:43,172.16.17.2,23,4,158980 06/04/2006
19:12:53.670 SEVc3 AUTH/5 RPT-871 68.40.136.63 Authentication rejected: Reason ~ Invalid password handle ~ 958, server = internal, user = grupprecht. domain z ~not
sped fi ed,.
sped fi ed;:
2006-06-04,19: 12: 36,2006-06-04,19: 12; 36,172.16.17.2,23,4,158989 06/04/2006
19:14:46.780 SEv-3 AUTH/5 RPT=872 68.40.136.63 Authentication rejected: Reason = Invalid password handle = 960, server = interna1, user ~ ikline, domain ~ ~not
2006-06-04.19: 12: 39,2006-06-04,19: 12: 39,172.16.17.2,23,4,158991 06/04/2006
19: 14: 49.750 SEv;3 AUTH/5 RPT=873 68.40.136.63 Authenti cati on rej ected: Reason ~ Invalid password handle ~ 961, server = Internal, user - ikline, domain ~ ~not
speci fi ed::
page 1
Case 5:03-cv-05340-JF
.. .
Document 243-21
Filed 12/26/2006
Page 49 of 49
Case 2:06-cv-13576-AC-SDP Document 3-2 Filed 08/10/2006 Page 48 of 48
..
steve access. txt
2006-06-05, 10:10; 55,2006~06-05, 10: 10: 5S ,172 .16.17.2,23,4,160303 06/05/2006
10:13:06.950 sEv=3 AUTH/5 RPT~878 68.40.136.63 Authentication rejected: Reason ~ User was not found handle = 48, server ~ internal, user ~ irmak, domain m ~not
spec; fi ed;.
2006-06-05,10: 11: 01, i006~06-0S , 10: 11: 01,172.16.17.2,23,4 i 160305 06/05/2006
10:13:13.000 SEv~3 AUTH/5 RPT=879 68.40.136.63 Authentication rejected: Reason ~ user was not found hand1e ~ 50, server = internal, user ~ irmak, domain = ~not
spec; fi ed;:
2006-06-05,10: 11: 11, 2006-06-05,10: 11: 11, 172 .16.17 .2.23,4,160307 06/05/2006
10:13:23.070 SEv-3 AUTH/5 RPT~880 68.40.136.63 Authentication rejected: Reason = Access hours restrictions in effect handle"" 51, server"" Internal, user.. ikline,
d0o-06-a,10in50, 2006-06-05,10: 11: 50,172.16.17.2,23,4.160316ed;: . m 05 : 11: - ~not spec; fi 06/05/2006 20 6
specified:.
2006-06-05,10: 11: 55,2006-06-0$,10: 11: 55,172.16.17.2,23,4,160318 06/05/2006
10;14:01.960 SEv-3 AUIH/5 RPT~881 68.40.136.63 Authentication rejec~ed: Reason invalid Rassword handle - 53, server ~ Internal. user = iklíne, domain ~ ~not
10:14:06.840 sEV~3 AUTH/S RPT~882 68.40.136.63 Authentication rejected: Reason Access hours restrictions in effect handle K 55, server ~ Internal, user ~ ikline,
d0o0m0a1i12: 05,2006-06-05,10: 12: 05,172.16.17.2,23,4,160320 06/05/2006' n a ~not specified~ 20 6- 6- 5, 0:
2006-06-05,10: 12: 20t 2006-06-05, 10: 12: 20,172 .16.17.2,23,4,160329 06/05/2006
10:14:16.800 SEV~3 AUTH/5 RPT-883 68.40.136.63 Authentication rejected: Reason = user was not found handle ~ 54, server ~ internal, user ~ irmak, domain ~ ~not
sped fi ed::
speci fi ed:.
10: 14: 31.760 SEv=3 AUTH/5 RPT~B84 68,40.136.63 Authenti cati on rej ected: Reason user was not
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?