A Few Simple Truths

After reading the deposition of Mr. Stephen G. Shumate (Synnex's representative sent to Florida after a one year delay), I began to realize that their case was about Hate (Racial, and Ethnic Hate), a "callous disregard for, the truth, me, and my company's well being. A total disregard for right, and wrong". This case is about Hate (Racial, and Ethnic Hate).

The lawsuit came packaged as a civil lawsuit to recover monies which were “never owed” by Andisheh Corporation.

The jury will find that Synnex had engaged in willful, reckless, malicious or wanton conduct, the basis for punitive damages, which is really the core of our lawsuit against them.

WE ARE SUING, SO THEY WILL BE DETERRED FROM DOING IT TO ANYONE ELSE.

I happen to be a fair person with a few hardened

"Rules of Conduct"

You see, I find it hard to believe that a company the size of Synnex Technology ($7.5 Billion in annual sales) would go to such extent to recover some $11,000 and change + Interest + Attorney's Fees + Attorney's Fees Reserve?, for over 5 years, and do it as follows:

1. Sue the wrong party.
2. Fail to inform the defendant (wrong party) of the pending lawsuit.
3. Compel the court system to issue a summary judgment.
4. Upon finding out – they were presented with legal documents - about having sued the wrong party, incorrect process service, and the fact that ownership of the business had changed, change your story on multiple occasions.
5. Resort to lying to the judge, and turn a lawsuit into a “legal holdup”.
6. Present lies to the presiding judge and try to have defendant's representative thrown in jail, which resulted in him being escorted out of the court.
7. Accuse the defendant of being responsible for debts that plaintiff's attorneys were fully aware NOT to have any physical, logical, and/or legal basis. Florida Bulk Sales Law.
8. As the story kept changing – multiple times in fact – one can not wonder if recovering some token money -$11,000 and change- plus attorney' fees; were the only motivation behind the bizarre behavior, foul language, deceptive legal practice, and the outright abuse of legal process. It just makes you go huuummm!
9. Given what has happened during this case, there came a point where I started really wondering if money was the only objective? It is hard for me to believe a $7.5 Billion dollar company would care about $11,000 and change; to this extent, so I started asking what else could be the motivating cause.
10. It is my belief that all this nonsense happened because of my ethnicity and nationality. There is simply no other logical reason that could explain plaintiff's actions, or the behaviorof their lawyers for that matter.

Phase one: The Set Up?

The lawsuit “alleges” non-payment for some invoices in 2001. These alleged non-payments were never proven valid debt by anyone to anyone, during a six-year long litigation. These alleged non-payments (if in fact proven true, “magically”) were the responsibility of a different owner of Micro Bytes Computer Center (MBCC), than Andisheh Corporation.

1. The alleged non-paying owner was third in line of succession as the owner of MBCC.
   The third owner(s) were not known to Andisheh Corporation, other than we heard there was a sale and a transaction between the company that purchased MBCC from Andisheh (August 1997), and the third company. The date of that sale is unknown to us.
   
2. The fact of this sale was known to Synnex Corporation, long before Andisheh Corporation was informed (their own process server's notice – attach ?) on the pending lawsuit via a letter indicating a “summary Judgment” hearing. The fact of this lawsuit was hidden from Andisheh Corporation for its entire duration prior to above mentioned letter.
   
3. Their attorneys (Jacobson, Sobo, Moselle– JSM) claimed, a notice was filed with Florida Department of State, however Andisheh has been unable to get a copy of this notice. Perhaps this LEGAL notice was never filed, and simply a lie that was floated to create the illusion of appropriate legal procedure. We will find out.
   
4. The above-mentioned process was served to MBCC at their address; however, the notice clearly states Andisheh Corporation's new address on it. This is HIGHLY SIGNIFICANT because of their “much later in time” claim that, “Andisheh had not informed Synnex of the sale of business operations, therefore Andisheh bears the responsibility for the alleged non-paid invoices. They had our current address on file at the time of wrong service. See attachment ? Furthermore,, Synnex Corporation always knew usas Andisheh Corporation NOT Micro Bytes. This fact is clearly illustrated on their marketing mailer to us. See attachment ?
   
5. On the day of service, they learned that, “the business operations of MBCC had been purchased by the new company”. Mr. David Larry told them that fact, and their process server made clear notes of it on their own notice to jacobson, Sobo, and Moselle (JSM). See attach ?
   
6. Given the knowledge of ownership transfer (long before we were notified and forced into this insanity), JSM willfully continued prosecution of that case. All these lawyers had to do was to make a follow up phone call, and inquire about a “date of purchase?”.
   
7. As attorney's in collection business, they willfully ignored the facts of the case and continued their hateful prosecution of that case. Why is that?
   

Phase 2: The Meeting(s)

1. Several points were discussed, and agreed to, by both sides. We were asked to provide documentation about the sale of MBCC, which was to be reciprocated by a letter from JSM finalizing this matter and resolving the issue. The person mascarading as an attorney, turned out to be a collector, our documentation was supposedly never reviewed prior to court appearance by opposing counsel.
   
2. I was forced to return to Florida from New Jersey, in order to attend a court hearing. At this time, the attorney in charge told me that he had never seen the documentation, and that we could NOT sell MBCC the way we did, and if we had an issue with it, we could take it up with the state legislator(s). See attachment? “Our subsequent letter/fax to them questioning the non-response from their office, as had been promised by Neil Stein.
   
3. The first meeting with Mr. Jacobson consisted of being talk down at (mentioned above), told a few more lies, be threatened with “I think we are going to prosecute this case” and a walk off without the slightest consideration for truth of the matter. Since he went way out of his way to declare to me his prowess as an attorney, I am sure he would have known about the law, and the fact that there was no case or responsibility on behalf of Andisheh Corporation. The bulk sales law must have been completely known and understood by him (being a hot shot attorney and all), so I question why he would want to continue a non existent case? Why is that?
   
4. During our second court meeting (to strike my truthful response from the record), Mr. Jacobson lied to the judge on his behalf, on my behalf, and on behalf of the case and documentation submitted. Furthermore, he asked to have relevant evidence excluded from the case. By lying to the judge, he tried to set me up to be arrested and jailed; knowing full well the judge can not let me speak on behalf of Andisheh Corporation. I was ordered, and escorted out of the courtroom by bailiff, since an officer of a company can not represent the company. All I wanted to say was, “we sold the company 4 years prior to date of these invoices”.
   

Phase 3: Our Attorney's Involvement

1. Andisheh was ordered and forced to hire Cort Neimark to represent us for what we were told would be a simple matter of writing a letter, and reminding plaintiff's attorney (JSM) of Florida law about date of sale and bulk sales law.
2. They responded by claiming we had not notified them. We had notified everyone, and the simple proof is that Andisheh has never had any issues with any other vendor. Andisheh Corporation has had numerous vendors over the nine (9) year span of its business business activity as MBCC.
3. This fact was repeated so many times, that during the mediation meeting, Mark Rickard (one of 5 or 6 lawyers from their side) told the mediator that, “even if Synnex was notified, the notification was not given to the right person”. I followed by asking him if it was Andisheh's responsibility to find out who exactly was the responsible person or department? He answered: absolutely. Therefore, I followed up by, “Okay, why don't you tell me who or what department that is?” he responded, I am not the debtor here, you are! I asked him, why don't you answer the question asked, and he responded by saying: It doesn't matter if we (plaintiff) don't know, it only matters that you (defendant) failed to properly investigate your legal responsibility to find out who the right people are in order to make it perfectly legal.
4. I told him the right people are always the sales people which are the only people we interface with, and you are telling me they are not the right people, isn't that correct? He responded by saying: whether or not the sales people are right or not, the fact remains that you (defendant) did not properly investigate your legal responsibility.
5. At this time, I responded by saying, “Oh I get it, I do not have a Jurist Doctorate, so I must be clueless!” and he looked caught and bewildered by the shear non-sense of what he had got himself into.
6. He got so upset that he spilled his hate out, as follows: It does not matter now. We are going to pursue this case even if all we end up with will be a worthless piece of paper that says their company owes us all this money. We will then go after the officers and get it from them personally.
7. At this time, I told them, “Let me be perfectly clear about this. This case will never never never end with Synnex's satisfaction. I now know what this has been all about. I do not know of any lawyer especially collection lawyers who would spend the kind of time and resources on a dead end issue such as this.
8. I now know this has more to do with my ethnicity, and skin color; not about $11000 and change plus attorney's fees.
9. This case kept dragging on and on for years after mediation. They prolonged this case so long that Judge Shutter notified the lawyers do get on with it once and for all.
   They kept bringing up all manners of obstacles as documented in the case file, such as asking for the appointment of a magistrate to second guess the judges decision on deposition. They filed a motion for relocation of this case to California, etc.
10. They prolonged the deposition for almost a year after the judge order it. They did not show up for deposition twice, canceling the last minute.
11. Their lawyers finally asked to be excused from the case in December 2006 (following two non-shows for depositions), and Synnex was told to hire new counsel.
12. Their in turn delayed the deposition for another 7 or so months. We finally went to deposition on June 22, 2007 at which time Mr. Steven G admitted they had known about the “bulk transfer law” for 2 to 3 years prior to that date. These people kept on prosecuting a case with absolutely no merits; just because of the color of my skin and place, I was born. I cannot find any other reason that makes any kind of legal or business sense.
13. It is now eleven years since MBCC was sold in 1997. During Steve G's deposition, his answer to one of the questions was, “how do you prove a negative?” It seems to me that is exactly what they were trying to force us to prove. Huh!
14. From that point, forward JSM resorted to a level of conduct unbecoming any human being. The documentation speaks volumes about their methods.
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On a personal basis, I was talked down at -on multiple occasions- in a tone and manner that most pet owners would find offensive, even if their own pet(s) were not on the receiving end of such language and behavior.
I have been called a “dead beat”, referred to as, “incompetent”, and described as, “clueless because I do not hold a J. D.".
This lawsuit took nearly six years from my life, while attempting, and destroying the good name of my company and me. It questioned my personal and professional integrity. It resulted in Andisheh Corporation seizing its economic activity, and a great deal of economic and emotional loss. ========================================================================

Phase Four: Let us keep this lawsuit going. He will get exhausted and fold. Not a chance!