American Freedom Defense Initiative et al v. Suburban Mobility Authority For Regional Transportation (SMART) et al

Filing 68

MOTION for Leave to File Supplemental Brief by American Freedom Defense Initiative, Pamela Geller, Robert Spencer. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Yerushalmi, David)

EXHIBIT 4

David Yerushalmi
From:
Sent:
To:
Cc:
Subject:

David Yerushalmi [[e-mail]]
Monday, December 02, 2013 2:49 PM
'Christian E. Hildebrandt'
'Gordon, Avery'; '[e-mail]'; '[e-mail]'
RE: Meet and Confer

Chris: I will be willing to extend this through tomorrow COB, as a professional courtesy to you and to Avery. We put you
on notice last week and it is not like we all don't know these facts inside out. My problem is that Rob and I are on notice
that the court is considering the cross motions and possibly laboring under a false impression (and we presume of course
not one induced intentionally by you or SMART). An honest mistake. It happens. But there is no reason why Avery
cannot pick up the phone given the seriousness of a misrepresentation made in open court to a federal judge. This must be
fixed and fixed immediately. "Later in the week" does not cut it.
Sent from my BlackBerry® wireless handheld 
David Yerushalmi*

American Freedom Law Center℠
Washington, D.C., Michigan, New York, California & Arizona
*Licensed in D.C., N.Y., Cal., Ariz.
T: 855.835.2352 (toll free)
T: 646.262.0500 (direct)
F: 801.760.3901
E: [e-mail]
W: www.americanfreedomlawcenter.org
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This electronic message transmission may contain ATTORNEY PRIVILEGED AND CONFIDENTIAL information intended only for the use of the individual or entity
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strictly prohibited. If you have received this communication in error, please erase all copies of the message and its attachments and notify sender immediately. Thank
You.
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From: Christian E. Hildebrandt [mailto:[e-mail]]
Sent: Monday, December 02, 2013 2:44 PM
To: [e-mail]
Cc: 'Gordon, Avery'; [e-mail]; [e-mail]
Subject: RE: Meet and Confer

Thank you David. I’m trying to remain professional in this regard but I’m afraid I haven’t given this the
analysis it deserves to be able to participate in a meet and confer yet this afternoon. In addition to having to
read this information, I will need more time to confer with SMART. I suggest a meet and confer later this
week.
I really just need the time to address this new information received just minutes ago. I don’t think that’s an
unreasonable position.
Chris.
From: David Yerushalmi [mailto:[e-mail]]
Sent: Monday, December 02, 2013 2:22 PM
To: Christian E. Hildebrandt
Cc: 'Gordon, Avery'; [e-mail]; [e-mail]
Subject: RE: Meet and Confer

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Chris: I must say I am a bit flabbergasted that Avery (i.e., speaking for the client) would have responded in the way you
suggest. Our COB deadline today remains but Rob and I are committed to attempting to work this out collegially. To that
end, see the attached, the first of which represents either our Joint Notice to the Court or effectively our sur-reply to your
motion for summary judgment to be attached to Plaintiffs' unilateral mot for leave to file sur reply. We have also attached
what will be ex 1, which is the entire hearing transcript for your convenience. (You are only authorized to use Ex 1 in the
context of this meet and confer until and unless it is also filed with the court [otherwise you should order your own copy].)
Chris, this is not rocket science. Beth Gibbons could have told CBS there was no problem with ad and to run it--thus, a
decision maker, or she could turn to her supervisor (which she did) or to legal. Or, yet again, she could have
"collaborated" in the decision making. But to the point whether she was one of the decision makers in the process, the
testimony is just too clear. To attempt to run from this fact is to draw a bulls eye for the court. If you choose to do so,
fine, but I'd strongly recommend that you come clean and let's move on.
Please call me today to have the meet and confer so we can file one way or the other. Thank you.
Sent from my BlackBerry® wireless handheld 
David Yerushalmi*

American Freedom Law Center℠
Washington, D.C., Michigan, New York, California & Arizona
*Licensed in D.C., N.Y., Cal., Ariz.
T: 855.835.2352 (toll free)
T: 646.262.0500 (direct)
F: 801.760.3901
E: [e-mail]
W: www.americanfreedomlawcenter.org
==========================================================================
This electronic message transmission may contain ATTORNEY PRIVILEGED AND CONFIDENTIAL information intended only for the use of the individual or entity
named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is
strictly prohibited. If you have received this communication in error, please erase all copies of the message and its attachments and notify sender immediately. Thank
You.
==========================================================================

From: Christian E. Hildebrandt [mailto:[e-mail]]
Sent: Monday, December 02, 2013 11:21 AM
To: [e-mail]
Cc: 'Gordon, Avery'; [e-mail]; [e-mail]
Subject: RE: Meet and Confer

As I told you I would, I spoke with SMART this morning on the issue you have raised. SMART does not agree
there was a misrepresentation to the Court based on what has been provided by you. I still think, however, that
I need more information to address this. To that end, I have contacted the court reporter, Cheryl Daniel, to
order the transcript. I am told she is on vacation until next Monday, but her office will do what it can to provide
me with an electronic copy if possible.
I can’t address this issue until I receive the ordered transcript. I am happy to take this up when I receive it, and
suggest that we have our meet and confer sometime next week.
Thank you.
Christian E. Hildebrandt
T: 248-312-2902
F: 248-267-1242

Vandeveer Garzia, P.C.
1450 W. Long Lake Rd., Suite 100
Troy, Michigan 48098-6330

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