From:
Charles Edward Lincoln III
[mailto:xxxxxx@rocketmail.com]
Sent: Tuesday, February 04, 2014 4:34 PM
To: Don Black; Melinda Pillsbury-Foster
Subject: Re: Nittollo and Mastoris cases (interlinear response)
Sent: Tuesday, February 04, 2014 4:34 PM
To: Don Black; Melinda Pillsbury-Foster
Subject: Re: Nittollo and Mastoris cases (interlinear response)
My
Dear Don (part I)
You
should be receiving an email from Judge Ferguson's court
regarding the adjournment of the hearing until March 4th.
I
received the e-mail Notice from Judge Ferguson's chambers. I
had requested it yesterday, showing my frustrated travel plans, so I
was expecting it. I may yet have to drop that case, but I
really wish you could get some perspective on things: I was trying to
get you money from Peter Milano and you attacked me viciously for
doing so, back in November, and then you said more recently that I am
trying to shaft you????? Does this sound as crazy to you as it
does to me?
I
have already spoken to Chris and we will be filing our joint motion
to withdraw as soon as possible.
On
the one hand it's good to make Chris earn his money. On the
other hand, I kind of wish you wouldn't. I have told Peter
Milano to stay away from me and he agreed to do so, so end of that
problem.
I
also explained the situation to Chris regarding the Mastoris hearing
on the 14th. He does not wish to be lead counsel in the matter
and only agreed to be local counsel.
I
would not have Chris as Local counsel. He shows very little, if any,
potential.
I
will agree to remain lead counsel and arrive on the 14th provided
I have been paid for my out-of-pocket expenses to date in the amount
of $200.00 and if plane ticket is sent to me by Thursday,
February 6th, otherwise, Chris and I will withdraw formally. I
really don't understand why you and Michael have tried to shaft me on
$200.00. Was all this worth it?
My
Dear Don (Part II),
I
think that you need to turn the question you ask around and ask
yourself, "Was all this worth it?"
You
owe me and Michael ten thousand apologies for saying we were trying
to shaft you. That is MY first condition of continuing
negotiations with you. Get some perspective, Girl---look at
what I was trying to do. Remember what our plan was. Don't
talk like a jungle bunny---NOBODY was trying to shaft you--we were
trying to figure out how best to build you up and situation you. And
that is GOD'S TRUTH.
As
of last Friday morning, I was fighting with Michael all morning to
get you $10,000.00 SO THAT YOU COULD MOVE to MANTOLOKING AND START
WORKING. He had all but given up fighting me. Now there
are delays and problems with the sale of the Tree Farm so he is all
despondent again.
You
are going to have to decide whether you want to move to Mantoloking
and start playing big league law or not. Nemec still might pay
some, Santomauro might pay some, but it is NOT insane, given how much
you don't love your present job, for you just to move to New Jersey
and start living in a beautiful house and working FOR ME FULL TIME.
All
along, I have been working to get you taken care of. Especially
in light of the further delay's with Michael's financing, MY
proposal is absolutely the only one that works: you live rent free at xxx xxxxxxx, Curtis Point, Mantoloking, New Jersey and you
start working full time for me, at a rate of 50% of gross income or
$10,000.00/month, whichever amount is less. It is going to be
less for the first few months, but there is always and will always be
positive cash flow and you will be soon. That WAS our
deal, and that is the only deal in which I am remotely interested,
precisely because it is the only deal that would fairly and
adequately compensate. You wrote to Michael that you want
to be paid, "like any other attorney" on a case-by-case
basis? That was never the deal. NOBODY has that kind of money.
We are not even asking for full-payment on the Homeowners'
Justice Website---but I think we're asking for too much even then.
You have written to me about "business models"---well
I never went to business school and I know precious little about
"business models" but I have read Adam Smith and Karl Marx
and I have some general notion about how markets work. We
tested out the market and we asked for too much money. It was a
realistic amount of money, but the White Middle Class of America is
DRAINED---and the Hispanic Middle Class is pretty much supported by
the government. MY business proposal requires you to work
full-time. AND to be in a strategically valuable
place---strategically valuable in THOUSANDS of ways. The fact
that you are fighting THIS is just unconscionable. And slightly
demented.
Should
you decide to go forth with me as counsel, we will need an agreement
in writing regarding fees and expenses which will need to be fronted
to me in the future.
The
decision whether to go forward is 100% yours. Not mine. The written
agreement I can give you is based on EXACTLY the model I specified
above: you live in Mantoloking and you get 50% of our gross receipts
and after that $10,000.00 plus rent free in Mantoloking---at which
point you will be doing very well. I want to reserve one small
room by the garage as mine at Mantoloking and I want to have campaign
parties and fund-raising events there. I may make arrangements
for those things whether you are there or not. But wouldn't you
like to be there?
Anyhow---think
about whether you want to apologize to me for saying I was trying to
shaft you, and whether I am not being extremely fair to you. I
know you are in a horribly stressful job right now, and so I make
excuses for all the things that have gone wrong so far:
(1)
You did not understand the significance of the victory we won
in prohibiting Reed Smith from appearing by means of that New Jersey
Rule that permitted them voluntarily to appear without service or
waiving service. We needed more time---Michael needed more
time---you won that point and then threw away your advance after the
"Raccoon hunter" letter to Judge Lois H. Goodman. You
did not realize the value of that victory at all. But Michael
and I saw that you missed a major opportunity. DID WE SAY
ANYTHING AT THE TIME? NO.
(2)
You utterly failed to get the twin Motions to Disqualify REED SMITH,
LLP, set for hearing, even though you called the Court once at my
request and they assured you (or at least, you assured me) that they
had NOT in fact confused Magistrate Lois H. Goodman's ruling on the
Lois H. Goodman informal letter with the formal Motion to be
Presented to the Judge Sheridan). I begged you to call the Court
regularly, but I know, you broke your foot on Thanksgiving Legos and
then the Court remanded the case……
(3)
At the final phone hearing with Judge Sheridan, Christopher McDonnell
insisted that we reformat the Letter as an Amended and Supplemental
Motion to get the APPLICATION FOR STAY OF FORECLOSURE before Judge
Sheridan, and you did not discuss that matter with the Judge at all.
Do you think it might have saved Michael from going into
Bankruptcy? It might not have worked, but it might have.
In
short, Don, I have cut you LOTS of slack because you're overwhelmed
with your job and bad living situation in Santa Clarita. You
now say that you want to stay there and have more money but the
situation will continue the same way? AIN'T GONNA HAPPEN. I
need you full-time. This project ail only work if you are full
time. I can't have you sleepwalking through this endeavor
anymore. I need you full time. I need you as a partner.
50% of gross receipts aside from Mastoris IS partnership. Mastoris
would be allowing me to lease YOU the house in addition to paying ME
for my living expenses.
Basically,
you have been offered one of the sweetest deals in history and you
complain you are getting shafted over $200.00. Did I mention
that the phrase "totally demented perspective" comes to my
mind when I think about the hissy fits you have been throwing?
Michael
Mastoris and I are both, in different ways, struggling for our lives,
at the levels of tens and hundreds of thousands of dollars. I
have been trying to give you a brand new life this way. And you
say you are "getting shafted" when there is a slight delay
in you recovering your $200 spent on FedEx and Copying. If you
could not afford to advance those amounts, you could and should have
waited to send them. If you advanced those amounts out of your
own pocket in the expectation that your salary and gross income plus
benefits would far exceed $200, you were correct.
The
time has come for you to take responsibility for your own less than
stellar actions, accept the fact that I have been supporting you and
cutting you slack everywhere (1) because I like you personally, (2)
because you and I share a very distinctive minority political
viewpoint, and (3) because I know your current job and living
situation is horrible and I think you deserve to get out of it.
Charles
Edward Lincoln, III
"Ich
bin der Geist der stets verneint, und
das mit recht"
Deo
Vindice/Tierra Limpia
