I am a proven slow learner. But seven years later I think its starting to sink in. I think I get it now. There is no second chance, no fresh start - the State Bar and its local member firms have made that painfully clear to me. I accept it now. I am neither wanted or welcome in the California legal community or State Bar and shall remain forever blackballed, job assassination (the do not hire or allow in court) hit will never be lifted - it sticks forever, like Robert Trentacostas County Bench-Conviction - a quadruple felony strike. Arnold & Porter What I am saying your honor, is that there is no basis in the law to suggest that we have some contract obligation to have cost-plus pricing policies or to base our prices to the public based solely on costs or only to charge a certain dollar amount above costs. We know that’s not the real world. … How do plaintiffs suggest that retailers price products? You can’t have zone pricing, you can’t have base pricing, as Mr. Stone says, you can’t match a price. Macy’s can’t match Gimbles, and Nordstrom’s can’t match Nieman Marcus. What are we talking about. Cases caution courts against becoming pricing czars. … Subject: RE: Coughlin’s Firm Is Mine – How We Do It Is His Choice! Date: Mon, 30 Nov 2009 11:08:32 -0800 From: CCreekmore@csgrr To: boneslaw@live CJB, I thought you were writing a book on economics? By the way, today is my last day at CSGRR, so please send further emails to: courtlandistan@gmail Thanks and happy thanksgiving, Courtland THE COURT: If you chains and firms want that instruction, then Mr. Howarth really is entitled to something in the other direction. THE COURT: Price checking for an agreed upon purpose of non competition or fixing or raising prices is a portion of numerous types of acts or activity which could independently, or not, create illegal activity. THE COURT: I think that concept must be in here, but if not considering it, allowing the jury saying to the jury as a judge that, You are entitled to consider this is appropriate. Maybe it takes another sentence to say that it is not illegal to price check. MS. SMITH: Your Honor, [its] … is just not neutral. Why can’t it simply say, “you have heard evidence about price-checking. Price-checking may be used for lawful or unlawful means, that is for you to decide”? It seems to me that’s straightforward …. But this is instructing the opposite. It’s saying price-checking, even if it leads to identical prices in and of itself, is not unlawful and so forth. That’s about as argumentative a statement as I can imagine. I know counsel will argue it, but coming from the court.... … MR. BONAS: Your Honor, I would like to expand on that a little bit. It is the reciprocal exchange. . . exchange of current price information that is at the heart of this issue. . . . But you have to have the effect. Now, what the defendants have argued... is, We price check on all our products, 30,000 products. First, I don’t think the chains are arguing that because the price fix 30,000 items that provides a defense to fixing the staple at issue here. Regardless, the statement is not completely true. Ralphs, for example has a very, very specific milk and egg price check thats conducted on Thursdays, unlike any other price check up. This is significant because if there is going to be a price move up, then its going to be made on Wednesday or Thursday. It does this every single week, on Thursday, just like the other two. By doing this every single week, which they couldnt do unless they all permit each other to come in to check up on each other, they have constant notice of what each others’ prices are going to be perpetually down the road. This is a standard instruction. I would encourage the court to take a brief look at Container Corp. or Gypsum even. The facts of this case are literally on all fours with the facts of those two cases. THE COURT: I said very early on in this case that it is not illegal to go into a competitor’s business and look at prices, and it isn’t. THE COURT: You have everything you need to argue that. I’m on to 34. What’s next counsel? THE COURT: Price checking, even if it leads to similar or identical prices, is not in and of itself unlawful. … Q. Let me ask … if you agree with this. People of the same trade seldom get together, even for merriment and diversion, but the conversation ends in … some contrivance to raise prices. Do you recognize that? A. Its one of the most famous expressions in economics …. … The most startling characteristic of the multinational local firm cartels we have prosecuted is how cold blooded and bold they are. *** They goto great lengths to cover up their actions -- such as using code names with one another, meeting in secret venues around the world, creating false covers -- i.e., facially legal justifications -- for their meetings, using home phone numbers to contact one another, and giving explicit instructions to destroy any evidence of the conspiracy. The firms under oath, 10-15-99 trascript, page 69, LINES 5-9 (69:5-9). The Yoke 10-15-99 Hearing Transcript, at pages 69-70. See Trial Transcript, August 23, 1999 at 4437:21-26; see also TT, 4440:2-6 and 4428:20- 4439:6 (general argument relating to the exchange of information and Defendants’ “price-checking” practices.). TT, dated August 23, 1999 4428:2-7. Trial Transcript, at 4435:9-13. Trial Transcript dated August 24, 1999, 4472:16-25. TT, 4429:27- 4431:12. Trial Transcript dated August 24, 1999, 4473:1-7. TT, 4438:18-19. Doctor Ken Elzinga at trial page 4129:14-4130:3. June 2, 2006 Seven Steps to Better Cartel Enforcement, by Thomas O. Barnett. Good day. youtube/watch?v=E55ni_xc4ww youtube/watch?v=iRgBS1X3MVo Its too late for me, I get it now: Jerry Sanders, The Family, guy! The honorable thing (Seppuku), dont be late please. During his senior year at San Diego State University, Jerry Sanders became a police officer with the San Diego Police Department. He served in the police department from 1973 until 1999, and served as Chief of Police from 1993 until 1999. As chief of police, Sanders and the departments employees gained national recognition[citation needed] for work with community policing and achieving a 40% decrease in crime during his six-year term as chief.[citation needed] Sanders also re-organized the department, making it more responsive to the community, reaching out to neighborhoods, and utilizing more than 1,000 volunteers to address San Diegos public safety needs.[citation needed] Prior to his assignments as division commander, police captain, Sanders, then police lieutenant, was the police academy commander at the San Diego Criminal Justice Training Center - Police Academy at Miramar College. He was commander of the San Diego SWAT team during the 1984 San Ysidro McDonalds massacre, and his management of the tragedy, which resulted in twenty-one deaths, earned him criticism from the citys Mexican-American community. As a result, the newspaper La Prensa San Diego called Sanders unfit to be mayor.
Posted on: Mon, 11 Nov 2013 21:48:21 +0000
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