From: scg@glickman-law.com
Subject: Re: Return of CD-ROM, additional cause of action
Date: December 26, 2007 11:11:09 AM PST
To: ace@acebaker.com
I went again to our storage facility and looked through the entire file again. I could not locate the Fischel CD.
I do note that the CD is listed as Exhibit “8" in the Exhibit Notebook. Although I have several copies of the Exhibit Notebook, I do not have the original Exhibit Notebook. I suspect that the Fischel CD must have been in the original Exhibit Notebook.
I recall that at the time the case we settled, Clara had asked to pick up the file. I had my staff make a complete copy of the file at that time. After months went by and neither you nor Clara picked up the file, I transferred the original file to our storage facility. The copy of the file that you picked up recently was kept here in our office.
When you recently requested to pick up your file, I was in a binding arbitration. Kay indicated that you were insistent on picking up the file right away. Thus, I did not have an opportunity to review the file materials before you picked them up.
I honestly cannot say what became of the original Exhibit Notebook with, presumably, the Fischel CD. Since we have everything else that comprised the file except for the original Exhibit Notebook, my best reconstruction is that the original Exhibit Notebook was either returned to you or Clara shortly after the case was settled or was contained within the materials you picked up recently.
I suspect that Moses Lebovitz may have a copy of the Fischel CD. If you have not already requested a copy from him, and if you would like me to do so, I will request a copy for you.
I have attached PDF files of the declarations; I will e-mail you the two depositions on disk that I also retrieved from storage.
If you want to pick up the exhibit boards and a copy of the Exhibit Notebook, please call to arrange a time to do so. Steve Glickman 310-273-4040
Wednesday, December 26, 2007
Which Steve Glickman am I to Believe?
Steve Glickman,
The document I signed when I picked up my file said that it was my entire file, and you've recently admitted that it was not my entire file, that additional file elements were present in a storage facility. Additionally, the document I signed stated that no copy of my file had been made. Now you say that the file has indeed been copied.
You'll note that I hand wrote a message on the release document with words to the effect of "Steve Glickman is a fraud". Based on the evidence, I repeat and re-allege that you are a fraud. I have no idea what to believe. Was my file copied, or not? Was it my entire file, or not? Have you really lost the Fischel CD-ROM, or not? Which Steve Glickman am I to believe?
Moses Lebovits may very well have a copy of the Fischel CD-ROM, as evidence in the matter of Brody v Fischel. I infer from a recent email to me from Chris Brody that this case is still active, as Brody repeated his request that I testify on his behalf. Mr. Lebovits subsequently informed me that he would not call me as a witness under any circumstances. I believe that, as it seems clear to me that Mr. Lebovits doesn't want to win cases against Dr. Fischel any more than you do. Recall that in the matter of Cushner v Fischel, Mr. Lebovits did not call his own expert witness, and did not call any of the several victim witnesses either.
Leaving that to one side, how could we ethically ask Mr. Lebovits to give me Brody's copy from his case file? This would appear to again be removing evidence against Dr. Fischel from public record. I submit that your idea of getting Brody's copy from Lebovits is further evidence that you support evidence tampering. Mr. Lebovits is copied on this mail, as is Brody.
If you would like to investigate the possibility of obtaining a new copy of the Fischel CD-ROM to replace the one you lost, I suggest contacting Dr. Fischel. Likely he has long since destroyed all of his copies, but who knows? Dr. Fischel is copied on this mail. Rick, you want to give me a fresh copy of your "educational" CD-ROM and get Mr. Glickman out of some hot water?
I am out of town until the first week of January. Beginning January 7, please give me some available dates to come to your office. When I come to your office, it will be for two purposes:
1. To pick up my entire file.
2. To have someone serve you with a small claims action for fraud.
I will ask $5000 in damages, and $2500 in punitive damages.
Sincerely,
-Alexander Baker
The document I signed when I picked up my file said that it was my entire file, and you've recently admitted that it was not my entire file, that additional file elements were present in a storage facility. Additionally, the document I signed stated that no copy of my file had been made. Now you say that the file has indeed been copied.
You'll note that I hand wrote a message on the release document with words to the effect of "Steve Glickman is a fraud". Based on the evidence, I repeat and re-allege that you are a fraud. I have no idea what to believe. Was my file copied, or not? Was it my entire file, or not? Have you really lost the Fischel CD-ROM, or not? Which Steve Glickman am I to believe?
Moses Lebovits may very well have a copy of the Fischel CD-ROM, as evidence in the matter of Brody v Fischel. I infer from a recent email to me from Chris Brody that this case is still active, as Brody repeated his request that I testify on his behalf. Mr. Lebovits subsequently informed me that he would not call me as a witness under any circumstances. I believe that, as it seems clear to me that Mr. Lebovits doesn't want to win cases against Dr. Fischel any more than you do. Recall that in the matter of Cushner v Fischel, Mr. Lebovits did not call his own expert witness, and did not call any of the several victim witnesses either.
Leaving that to one side, how could we ethically ask Mr. Lebovits to give me Brody's copy from his case file? This would appear to again be removing evidence against Dr. Fischel from public record. I submit that your idea of getting Brody's copy from Lebovits is further evidence that you support evidence tampering. Mr. Lebovits is copied on this mail, as is Brody.
If you would like to investigate the possibility of obtaining a new copy of the Fischel CD-ROM to replace the one you lost, I suggest contacting Dr. Fischel. Likely he has long since destroyed all of his copies, but who knows? Dr. Fischel is copied on this mail. Rick, you want to give me a fresh copy of your "educational" CD-ROM and get Mr. Glickman out of some hot water?
I am out of town until the first week of January. Beginning January 7, please give me some available dates to come to your office. When I come to your office, it will be for two purposes:
1. To pick up my entire file.
2. To have someone serve you with a small claims action for fraud.
I will ask $5000 in damages, and $2500 in punitive damages.
Sincerely,
-Alexander Baker
Tuesday, December 18, 2007
Notice of Damages, Opportunity to Cure, and Intent to Sue
December 15, 2007
Steve Glickman
Glickman & Glickman
9460 Wilshire Blvd. Suite 830
Beverly Hills, CA. 90212
Re: Notice of Damages, Opportunity to Cure, and Intent to Sue
Dear Steve:
I seek return of the CD-ROM featuring Richard Fischel M.D. Ph.D. entitled “Hyperhidrosis Educational Presentation” (or similar), last known to be in your possession. Alternatively, I seek damages from you in the amount of $5000.00, the limit on a small claims action. The true magnitude of my damages at your hands goes far beyond the narrow issue of the CD-ROM, and is incalculable.
You were my attorney of record in my fraud action against Dr. Richard Fischel, from September 2005 until March 2006.
On December 14, 2007 I took possession from your office what I believed to be my entire case file from the matter of Baker v Fischel. However, conspicuously absent from the case file was a CD-ROM entitled “Hyperhidrosis Educational Presentation” (or a title similar to that) which featured a video presentation on ETS surgery by Dr. Fischel.
In November 2007, I was hired to produce an educational DVD video about ETS surgery entitled “ETS: The New Lobotomy”. For this, I have been promised a fee of $5000, and I agreed to produce it and to accept the fee. Excerpts from Dr. Fischel’s CD-ROM were to be featured prominently in “The New Lobotomy”. Relying on my knowledge that you possessed the Fischel CD-ROM and that I could retrieve it, I promised to be able to produce and deliver “The New Lobotomy”, including the Fischel footage.
Dr. Fischel has already been noticed of the intent to produce “The New Lobotomy”, and offered the opportunity to sit for an interview. However, because the Fischel CD-ROM is missing, the entire DVD project is in jeopardy.
That you fell below your ethical obligations by losing the Fischel CD-ROM is quite clear. What remains debatable is whether this was accidental or intentional on your part. I say it was intentional.
To prove my case in court, it should be your understanding that I will seek to show a consistent pattern of behavior on your part whereby you acted to protect the interest of Dr. Fischel, and to actively work against my interest, and also to work against the interest of truth and justice generally.
You and I both know I have considerable evidence to present to that effect. As just one obvious example, consider the defense motion to dismiss my punitive damages claim. It was said by the defense that punitive damages in a fraud claim carry a 2-year statue of limitations, and you stipulated to this, without opposition. It is quite provable that this statute of limitations was made up out of whole cloth. It doesn’t exist.
Please remedy the situation by finding and returning the CD-ROM, or by compensating me for my damages in the amount of $5000.00. If such is not forthcoming, expect to be sued in small claims court.
Sincerely,
Alexander Baker
Steve Glickman
Glickman & Glickman
9460 Wilshire Blvd. Suite 830
Beverly Hills, CA. 90212
Re: Notice of Damages, Opportunity to Cure, and Intent to Sue
Dear Steve:
I seek return of the CD-ROM featuring Richard Fischel M.D. Ph.D. entitled “Hyperhidrosis Educational Presentation” (or similar), last known to be in your possession. Alternatively, I seek damages from you in the amount of $5000.00, the limit on a small claims action. The true magnitude of my damages at your hands goes far beyond the narrow issue of the CD-ROM, and is incalculable.
You were my attorney of record in my fraud action against Dr. Richard Fischel, from September 2005 until March 2006.
On December 14, 2007 I took possession from your office what I believed to be my entire case file from the matter of Baker v Fischel. However, conspicuously absent from the case file was a CD-ROM entitled “Hyperhidrosis Educational Presentation” (or a title similar to that) which featured a video presentation on ETS surgery by Dr. Fischel.
In November 2007, I was hired to produce an educational DVD video about ETS surgery entitled “ETS: The New Lobotomy”. For this, I have been promised a fee of $5000, and I agreed to produce it and to accept the fee. Excerpts from Dr. Fischel’s CD-ROM were to be featured prominently in “The New Lobotomy”. Relying on my knowledge that you possessed the Fischel CD-ROM and that I could retrieve it, I promised to be able to produce and deliver “The New Lobotomy”, including the Fischel footage.
Dr. Fischel has already been noticed of the intent to produce “The New Lobotomy”, and offered the opportunity to sit for an interview. However, because the Fischel CD-ROM is missing, the entire DVD project is in jeopardy.
That you fell below your ethical obligations by losing the Fischel CD-ROM is quite clear. What remains debatable is whether this was accidental or intentional on your part. I say it was intentional.
To prove my case in court, it should be your understanding that I will seek to show a consistent pattern of behavior on your part whereby you acted to protect the interest of Dr. Fischel, and to actively work against my interest, and also to work against the interest of truth and justice generally.
You and I both know I have considerable evidence to present to that effect. As just one obvious example, consider the defense motion to dismiss my punitive damages claim. It was said by the defense that punitive damages in a fraud claim carry a 2-year statue of limitations, and you stipulated to this, without opposition. It is quite provable that this statute of limitations was made up out of whole cloth. It doesn’t exist.
Please remedy the situation by finding and returning the CD-ROM, or by compensating me for my damages in the amount of $5000.00. If such is not forthcoming, expect to be sued in small claims court.
Sincerely,
Alexander Baker
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