Tail end of the hearing, approximate conversation:
Judge: Any progress on mediation? Seems like other judges have recommended that you mediate.
Nikita: I would welcome mediation.
Fitzpatrick: No, Your Honor. In my personal opinion, Nikita can’t be mediated with. He just threatens. Look at all he’s done [the usual anti-Bernstein drivel].
Nikita: Your Honor, Moshe isn’t the easiest person to work with, and I am sure I’m no walk in the park either, but we’ve built a 5MM business somehow and didn’t kill each other.. so… seriously?
Judge: (to Fitzpatrick) Seems like he isn’t going away, being a 30% shareholder. And, as you see, he learns.
So that was awesome. After being smacked around in the last several hearings, feels like I am finally making progress. And Fitzpatrick giving his “personal opinion”, which is so blatantly against the interests of the Corporation, just gives me more ammunition in seeking sanctions against him. Really wonder whether this is just Moshe being Moshe or if Fitzpatrick is just milking us for money.
For the uninitiated, Thomas Fitzpatrick is the attorney Moshe hired using company money to help freeze me out.
What have I learned:
- Reaffirmed that preparing works. And it’s a god-awful amount of preparing when you are doing things the first time around, but it does get considerably easier second and third time around. And it’s great to have invested into organizing everything when the conflict just started, although had to, effectively, refactor a couple of times.
- The Judge is the second person to comment that I am improving after reviewing the documents. Beracah (who, btw, dude, you’ve been an amazing help) noticed it as well the other day. Awesome. Mom, to your question of whether I am considering law school: no.
- Motion for Summary Judgment IS NOT the same as Motion to Dismiss, which is what I thought for some reason. Motion to Dismiss is an attempt to dismiss a claim if, assuming that all allegations are true, there would still be no relief. (oh, how I love legalspeak – it’s all about relief…). So, for example, if there is a law against stealing land on Mars, if I understand correctly, I can file a claim against Moshe that he is stealing land on Mars and it would not be dismissed.
- Charges of perjury are not brought by a litigant. I would bring them to the District Attorney (“DA”)and then they pick it up.
Speaking of perjury, I am torn. As I understand, perjury is a criminal offense, which can result in jail and/or fine, both of which can be substantial.
So, on one hand, I hold no particularly warm and fuzzy feelings about people who lied on their affidavits against me. It was unethical, backstabbing, unproductive, infantile and offensive on multiple levels. But I also don’t want to ruin people’s lives – karma takes care of things in her own way. As the Chinese proverb goes: “may you get all you wish for”. So it’s one thing to fight a clean fight, where I have some measure of control over the outcome (or as clean as one can do with Fitzpatrick and Moshe). It’s another thing entirely if the DA gets involved…
Anyway, we have a shareholder meeting tomorrow. Let’s see how that goes. Assuming all three founding partners/principal shareholder actually care about the JoVE, we should be able to find common ground, fix the embarrassing problems we are having, and focus on what’s important rather than fighting a shareholder dispute.
But, as one of my mentors said – the best way to get something done is not to impose solutions, but to support people’s goals. Hopefully tomorrow we might start moving towards sanity.