Showing posts with label ceo. Show all posts
Showing posts with label ceo. Show all posts

Monday, December 9, 2024

Who is Luigi Mangione Person of Interest in the Murder of Brian Thompson CEO of UnitedHealthcare


Page will keep refreshing. Check back. Pages, websites, directory listings are disappearing. FBI generally deletes them when they have the person they were looking for. All pages have been saved. 

UPDATE 12/10/2024 I did a quick family tree. Ancestors are all from Italy.

Luigi Nicholas Mangione family tree, mother, father, sisters, grandparents, parents, siblings, ancestry, dna, heritage, ethnicity, italy, italian, mary cummins, genealogist, unitedhealthcare, maryland, nicholas mangione, kathy zaninno, dna
Luigi Nicholas Mangione family tree, mother, father, sisters, grandparents, parents, siblings, ancestry, dna, heritage, ethnicity, italy, italian, mary cummins, genealogist, unitedhealthcare, maryland, nicholas mangione, kathy zaninno, dna

He finally shows up in the system 
https://inmatelocator.cor.pa.gov/



A journalist now says he has the "real" manifesto. TMZ confirms some of statements allegedly with law enforcement and other major media. It was a handwritten note found on his person. Who knows. 

“To the Feds, I'll keep this short, because I do respect what you do for our country. To save you a lengthy investigation, I state plainly that I wasn't working with anyone. This was fairly trivial: some elementary social engineering, basic CAD, a lot of patience. The spiral notebook, if present, has some straggling notes and To Do lists that illuminate the gist of it. My tech is pretty locked down because I work in engineering so probably not much info there. I do apologize for any strife of traumas but it had to be done. Frankly, these parasites simply had it coming. A reminder: the US has the #1 most expensive healthcare system in the world, yet we rank roughly #42 in life expectancy. United is the [indecipherable] largest company in the US by market cap, behind only Apple, Google, Walmart. It has grown and grown, but as our life expectancy? No the reality is, these [indecipherable] have simply gotten too powerful, and they continue to abuse our country for immense profit because the American public has allwed them to get away with it. Obviously the problem is more complex, but I do not have space, and frankly I do not pretend to be the most qualified person to lay out the full argument. But many have illuminated the corruption and greed (e.g.: Rosenthal, Moore), decades ago and the problems simply remain. It is not an issue of awareness at this point, but clearly power games at play. Evidently I am the first to face it with such brutal honesty.”

https://www.kenklippenstein.com/p/luigis-manifesto


UPDATE: This is supposedly not real. ORIGINAL: The alleged manifesto was allegedly posted on Substack. It may not be real. Per the manfiesto the murder was intentional. He expected to be caught. He was mad at UnitedHealthcare because of how they treated his mother and himself. His mouther had neuropathy and he had a back injury. I totally understand where he is coming from. I have my doubts about this because photos of his mother show her moving around, traveling and she is not heavy. 

"The Allopathic Complex and Its Consequences

The second amendment means I am my own chief executive and commander in chief of my own military. I authorize my own act of self-defense in response to a hostile entity making war on me and my family.

Nelson Mandela says no form of viooence can be excused. Camus says it’s all the same, whether you live or die or have a cup of coffee. MLK says violence never brings permanent peace. Gandhi says that non-violence is the mightiest power available to mankind.

That’s who they tell you are heroes. That’s who our revolutionaries are.

Yet is that not capitalistic? Non-violence keeps the system working at full speed ahead.

What did it get us. Look in the mirror.

They want us to be non-violent, so that they can grow fat off the blood they take from us.

The only way out is through. Not all of us will make it. Each of us is our own chief executive. You have to decide what you will tolerate.

In Gladiator 1 Maximus cuts into the military tattoo that identifies him as part of the roman legion. His friend asks “Is that the sign of your god?” As Maximus carves deeper into his own flesh, as his own blood drips down his skin, Maximus smiles and nods yes. The tattoo represents the emperor, who is god. The god emperor has made himself part of Maximus’s own flesh. The only way to destroy the emperor is to destroy himself. Maximus smiles through the pain because he knows it is worth it.

These might be my last words. I don’t know when they will come for me. I will resist them at any cost. That’s why I smile through the pain.

They diagnosed my mother with severe neuropathy when she was forty-one years old. She said it started ten years before that with burning sensations in her feet and occasional sharp stabbing pains. At first the pain would last a few moments, then fade to tingling, then numbness, then fade to nothing a few days later.

The first time the pain came she ignored it. Then it came a couple times a year and she ignored it. Then every couple months. Then a couple times a month. Then a couple times a week. At that point by the time the tingling faded to numbness, the pain would start, and the discomfort was constant. At that point even going from the couch to the kitchen to make her own lunch became a major endeavor

She started with ibuprofen, until the stomach aches and acid reflux made her switch to acetaminophen. Then the headaches and barely sleeping made her switch back to ibuprofen.

The first doctor said it was psychosomatic. Nothing was wrong. She needed to relax, destress, sleep more.

The second doctor said it was a compressed nerve in her spine. She needed back surgery. It would cost $180,000. Recovery would be six months minimum before walking again. Twelve months for full potential recovery, and she would never lift more than ten pounds of weight again.

The third doctor performed a Nerve Conduction Study, Electromyography, MRI, and blood tests. Each test cost $800 to $1200. She hit the $6000 deductible of her UnitedHealthcare plan in October. Then the doctor went on vacation, and my mother wasn’t able to resume tests until January when her deductible reset.

The tests showed severe neuropathy. The $180,000 surgery would have had no effect.

They prescribed opioids for the pain. At first the pain relief was worth the price of constant mental fog and constipation. She didn’t tell me about that until later. All I remember is we took a trip for the first time in years, when she drove me to Monterey to go to the aquarium. I saw an otter in real life, swimming on its back. We left at 7am and listened to Green Day on the four-hour car ride. Over time, the opioids stopped working. They made her MORE sensitive to pain, and she felt withdrawal symptoms after just two or three hours.

Then gabapentin. By now the pain was so bad she couldn’t exercise, which compounded the weight gain from the slowed metabolic rate and hormonal shifts. And it barely helped the pain, and made her so fatigued she would go an entire day without getting out of bed.

Then Corticosteroids. Which didn’t even work.

The pain was so bad I would hear my mother wake up in the night screaming in pain. I would run into her room, asking if she’s OK. Eventually I stopped getting up. She’d yell out anguished shrieks of wordless pain or the word “fuck” stretched and distended to its limits. I’d turn over and go back to sleep.

All of this while they bled us dry with follow-up appointment after follow-up appointment, specialist consultations, and more imagine scans. Each appointment was promised to be fully covered, until the insurance claims were delayed and denied. Allopathic medicine did nothing to help my mother’s suffering. Yet it is the foundation of our entire society.

My mother told me that on a good day the nerve pain was like her legs were immersed in ice water. On a bad day it felt like her legs were clamped in a machine shop vice, screwed down to where the cranks stopped turning, then crushed further until her ankle bones sprintered and cracked to accommodate the tightening clamp. She had more bad days than good.

My mother crawled to the bathroom on her hands and knees. I slept in the living room to create more distance from her cries in the night. I still woke up, and still went back to sleep.

Back then I thought there was nothing I could do.

The high copays made consistent treatment impossible. New treatments were denied as “not medically necessary.” Old treatments didn’t work, and still put us out for thousands of dollars.

UnitedHealthcare limited specialist consultations to twice a year.

Then they refused to cover advanced imaging, which the specialists required for an appointment.

Prior authorizations took weeks, then months.

UnitedHealthcare constantly changed their claim filing procedure. They said my mother’s doctor needed to fax his notes. Then UnitedHealthcare said they did not save faxed patient correspondence, and required a hardcopy of the doctor’s typed notes to be mailed. Then they said they never received the notes. They were unable to approve the claim until they had received and filed the notes.

They promised coverage, and broke their word to my mother.

With every delay, my anger surged. With every denial, I wanted to throw the doctor through the glass wall of their hospital waiting room.

But it wasn’t them. It wasn’t the doctors, the receptionists, administrators, pharmacists, imaging technicians, or anyone we ever met. It was UnitedHealthcare.

People are dying. Evil has become institutionalized. Corporations make billions of dollars off the pain, suffering, death, and anguished cries in the night of millions of Americans.

We entered into an agreement for healthcare with a legally binding contract that promised care commensurate with our insurance payments and medical needs. Then UnitedHealthcare changes the rules to suit their own profits. They think they make the rules, and think that because it’s legal that no one can punish them.

They think there’s no one out there who will stop them.

Now my own chronic back pain wakes me in the night, screaming in pain. I sought out another type of healing that showed me the real antidote to what ails us.

I bide my time, saving the last of my strength to strike my final blows. All extractors must be forced to swallow the bitter pain they deal out to millions.

As our own chief executives, it’s our obligation to make our own lives better. First and foremost, we must seek to improve our own circumstances and defend ourselves. As we do so, our actions have ripple effects that can improve the lives of others.

Rules exist between two individuals, in a network that covers the entire earth. Some of these rules are written down. Some of these rules emerge from natural respect between two individuals. Some of these rules are defined in physical laws, like the properties of gravity, magnetism or the potential energy stored in the chemical bonds of potassium nitrate.

No single document better encapsulates the belief that all people are equal in fundamental worth and moral status and the frameworks for fostering collective well-being than the US constitution.

Writing a rule down makes it into a law. I don’t give a fuck about the law. Law means nothing. What does matter is following the guidance of our own logic and what we learn from those before us to maximize our own well-being, which will then maximize the well-being of our loved ones and community.

That’s where UnitedHealthcare went wrong. They violated their contract with my mother, with me, and tens of millions of other Americans. This threat to my own health, my family’s health, and the health of our country’s people requires me to respond with an act of war.

END"

He did suffer a back injury and need surgery. He suffered the injury in Hawaii. Maybe his insurance didn't cover him because he was out of the state of residence on his insurance. That is his xray posted below after back surgery. I have an injury at same level. It is debilitating. He doesn't look as muscular as he used to look. He probably can't be as active as he was previously. An injury at that site makes it so you can't stand, walk, sit without pain. You could have sciatica besides pain and limited movement. For a young guy that's a big thing. He hadn't been in contact with friends and family for some months. 

The criminal complaint confirms the full name, birth date, address...I posted yesterday morning. 

New mugshot 12/10/2024



UPDATE 12/09/2024 EVENING:  Here is the criminal complaint.

https://www.documentcloud.org/documents/25450500-luigi-mangione-criminal-complaint/

ORIGINAL: A person of interest has been detained. His name is Luigi Mangione, Luigi Nicholas Mangione. He is allegedly from Towson, Maryland and lives in Philadelphia, Pennsylvania. He's 26 years old birth maybe May 6, 1998. He attended the University of Pennsylvania starting in 2016 and has degrees MSE, BSE in computer science. He went to a prestigious prep school Catholic school Gilman. I also see him wearing a tshirt which says "Stanford Pre College Studies." He graduated from high school in 2015 and gave his senior speech. He has a blog which is private anotherdayanotherplay.wordpress.com His jobs are listed as Co-founder at AppRoar Studios, https://approarr.com/ Past: Firaxis Games. https://firaxis.com/ He's also listed as a Data Engineer III at Truecar.

His Goodreads account https://www.goodreads.com/user/show/55354261-luigi-mangione has some clues. He reviewed the Unabomber book. He rationalizes violence for a cause. He wrote as follows,

"Clearly written by a mathematics prodigy. Reads like a series of lemmas on the question of 21st century quality of life.

It's easy to quickly and thoughtless write this off as the manifesto of a lunatic, in order to avoid facing some of the uncomfortable problems it identifies. But it's simply impossible to ignore how prescient many of his predictions about modern society turned out.

He was a violent individual - rightfully imprisoned - who maimed innocent people. While these actions tend to be characterized as those of a crazy luddite, however, they are more accurately seen as those of an extreme political revolutionary.

A take I found online that I think is interesting:

"Had the balls to recognize that peaceful protest has gotten us absolutely nowhere and at the end of the day, he's probably right. Oil barons haven't listened to any environmentalists, but they feared him.

When all other forms of communication fail, violence is necessary to survive. You may not like his methods, but to see things from his perspective, it's not terrorism, it's war and revolution. Fossil fuel companies actively suppress anything that stands in their way and within a generation or two, it will begin costing human lives by greater and greater magnitudes until the earth is just a flaming ball orbiting third from the sun. Peaceful protest is outright ignored, economic protest isn't possible in the current system, so how long until we recognize that violence against those who lead us to such destruction is justified as self-defense.

These companies don't care about you, or your kids, or your grandkids. They have zero qualms about burning down the planet for a buck, so why should we have any qualms about burning them down to survive?

We're animals just like everything else on this planet, except we've forgotten the law of the jungle and bend over for our overlords when any other animal would recognize the threat and fight to the death for their survival. "Violence never solved anything" is a statement uttered by cowards and predators." "

His Goodreads reviews. Looks like he thinks he's an extreme political revolutionary.  

https://www.goodreads.com/review/list/55354261-luigi-mangione?order=d&sort=review&view=reviews

His Facebook is still live but they will probably shut it down soon. I saved it. It's gone now. I may post the printout of his page.

https://www.facebook.com/luigi.mangione.2

Twitter will probably go down soon. Saved it.

https://x.com/pepmangione?lang=en

His senior high school speech was per his Twitter, Luigi Mangione @PepMangione Dec 8, 2022

"7 years ago, I gave my hs senior speech on this topic: “Today, I will be talking to you about the future, about topics ranging from conscious artificial intelligence to human immortality. Likely, you’ll dismiss all this pretty quickly as interesting, but just science fiction…”

Based on his Twitter he is socially conscious of important issues facing the world today from mental health to agriculture and more.

Parents Kathleen Zannino and Louis Mangione. His father may have been a partner in one of Luigi's businesses App Roar. 

Paternal grandfather may be Nicholas Mangione who died in 2008. Names, places match. He was in military USS Caperton. https://www.legacy.com/us/obituaries/baltimoresun/name/nicholas-mangione-obituary?id=7008342

"ANGIONE, SR. , Nicholas B. On November 2, 2008 NICHOLAS B. MANGIONE, SR. Beloved husband of Mary C. Mangione (nee Cuba). Devoted father of Rosemary Juras (Joseph), Louis Mangione (Kathy), John Dino Mangione (Debbie), Linda Licata (Robert), Nicholas Mangione, Jr. (Danielle), Joanne Hock (John), Peter Mangione (Tracy), Frances O'Keefe (Jerry), Samuel Mangione (Katie) and Michele Collison (Keith). Brother of Frances Marchese (Paul). Also survived by 37 grandchildren."

This could be paternal grandmother Mary Cuba. 
https://www.findagrave.com/memorial/254671705/mary-c.-mangione More about grandparents. Family is originally from Sicily. https://www.gbmc.org/greater-living/the-countdown-begins

Mother may be a travel expert. https://kzmneterprises.com/about-your-fabulous-tour-concierge/ Blog is now private. She traveled to Italy professionally with other women. I have a copy of the blog. Below is from the about page. She has tours planned for 2024 so she must be mobile.

"I am Kathy Zannino Mangione, your Tour Concierge.  I’ve been traveling to Italy for over 30 years and helping friends and family enhance their Italian travel experience.  Though my background is in computer education and business management,  I’ve chosen to now pursue a Boutique Travel company so that I can share my passion for Italian travel with those who would like to get a taste of  “La Dolce Vita”…“The Sweet Life” in Bella Italia.

Growing up in an Italian-American neighborhood, I’m fortunate to have been immersed in the Italian culture my entire life.  I am a fiercely proud Italian-American with dual citizenship and devoted to promoting Italian cultural awareness. I serve as a board member for the Nuovo Cinema Italiano Film Festival in Charleston, SC. I am also a member of the American Council on Italian Matters and the Order Sons of Italy in Baltimore, Maryland.  These organizations provide scholarships for Italian-Americans among other philanthropic initiatives."

Her name matches. This may be her mother, Luigi's maternal grandmother https://www.findagrave.com/memorial/116166003/maria-santa-zannino

They used their home address as the address for the business. I will post it only because it appears they may have just sold it June 2024 and it's vacant. They don't appear to currently live there but lived there starting at least 2015 to May 2024. 

1 Buckley St, Towson, MD. https://www.redfin.com/MD/Towson/1-Buckley-Ct-21286/home/9657729 "Welcome to the "Hunt Club Farms" neighborhood. .. This multi-level split has 4 bedrooms, 4/1 baths - Open floor plan - Spacious dining room - Remodeled kitchen with SS appliances, granite counters, center island & breakfast bar - Family room with access to the deck and screen porch - Living room or den with walls of built-ins and french doors - Powder room, pantry & mudroom - Upper level has the primary suite & 3 additional bedrooms and 2 baths plus laundry - lower level offers another family room, exercise area, extra laundry , full bath and plenty of storage - Attached 2 car garage with plenty of driveway parking - Corner . 68 lot with fenced back yard - Attached two car garage, plus plenty of driveway parking - Voluntary Chatterleigh Association. "

Maybe one of his parents got sick and insurance wouldn't cover care which caused a negative result which caused them to sell their home which made him hate health insurance companies. His twitter has an xray which shows a lower back with screws. Maybe he is having an issue with his own health and insurance. I have a back injury in same place. Pain, inability to stand, walk can definitely upset one. His tweets make it seem he may have been dealing with mental health issues.  Speculation. 


Interesting posts

https://x.com/PepMangione/status/1750252199509409922/photo/1

Mary Cummins of Cummins Real Estate is a certified residential licensed appraiser in Los Angeles, California. Mary Cummins is licensed by the California Bureau of Real Estate appraisers and has over 35 years of experience.


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Friday, February 17, 2023

Miyoko's Creamery lawsuit, Miyoko Schinner by Mary Cummins Investigative Reporter

Miyoko's Creamery, Miyoko Schinner, Lisa Bloom, lawsuit, complaint, mary cummins, investigative reporter, trade secrets, vegan, cheese, woman, board
Miyoko's Creamery, Miyoko Schinner, Lisa Bloom, lawsuit, complaint, mary cummins, investigative reporter, trade secrets, vegan, cheese, vegan cheese, woman, board

Case is Miyoko's PBC v Miyoko Schinner, 4:23-cv-00711-DMR filed in California District Court North District. https://cand.uscourts.gov/ 
Judge is Donna M. Ryu https://www.cand.uscourts.gov/judges/ryu-donna-m-dmr/ You can access case and case documents on your own via Pacer.gov but you have to register. I'm posting everything here including the documents.

UPDATE: 05/18/23 10:00 a.m. PST The case is settled. From Miyoko Schinner on LinkedIn.

"Miyoko's Creamery and Miyoko Schinner are pleased that they have resolved all legal disputes between them and that they have withdrawn all legal claims made against each other.

Miyoko’s Creamery acknowledges the tremendous creativity, hard work, and integrity of its founder, Miyoko Schinner, a true pioneer in vegan creamery products, and appreciates her many contributions to the company over the years.

Miyoko Schinner appreciates the dedicated team of people at Miyoko’s Creamery and their commitment to continuing her legacy through sustained and continued excellence in manufacturing, developing and selling vegan creamery products.

Miyoko and the company wish each other well as they go their separate ways."



0507/23 Status on docket

 04/27/2023 20 ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cmf, COURT STAFF) (Filed on 4/27/2023) (Entered: 04/27/2023)

04/27/2023 21 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options Filed on behalf of Miyoko's, PBC (Rubin, Jennifer) (Filed on 4/27/2023) (Entered: 04/27/2023)

04/27/2023 22 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Goldstein, Alan) (Filed on 4/27/2023) (Entered: 04/27/2023)

05/05/2023 23 STIPULATION WITH PROPOSED ORDER re 7 Initial Case Management Scheduling Order with ADR Deadlines filed by Miyoko's, PBC, Miyoko Schinner. (Rubin, Jennifer) (Filed on 5/5/2023) Modified on 5/8/2023 (cjl, COURT STAFF). (Entered: 05/05/2023)

05/05/2023 24 ORDER (AS MODIFIED) granting 23 Stipulation to Continue Initial Case Management Conference: Parties shall file a joint Case Management Conference Statement by 5/31/2023. Initial Case Management Conference set for 5/17/2023 01:30 PM is vacated and continued to 6/7/2023 01:30 PM in Oakland, - Videoconference Only. All counsel and parties may access the webinar information (public hearings) at https://cand.uscourts.gov/judges/ryu-donna-m-dmr/. Signed by Chief Magistrate Judge Donna M. Ryu on 5/5/2023. (ig, COURT STAFF) (Filed on 5/5/2023) (Entered: 05/05/2023)

April 27, 2023 Company wipes Miyoko Schinner off their website. She gets a tiny note in history that she started it with four people out of her home. The rest of the credit for everything else goes to the company. 

http://www.miyokos.com 

04/27/2023 20 ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cmf, COURT STAFF) (Filed on 4/27/2023) (Entered: 04/27/2023)

04/27/2023 21 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options Filed on behalf of Miyoko's, PBC (Rubin, Jennifer) (Filed on 4/27/2023) (Entered: 04/27/2023)

04/27/2023 22 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Goldstein, Alan) (Filed on 4/27/2023) (Entered: 04/27/2023)

April 26, 2023 Miyoko Schinner posted an Insta saying she was going to mediation with her lawyer. Hope they settle for everyone's sake. I dug up her cookbook and will have to make her butter from scratch if this keeps up. Hurry up and do right by Miyoko! I need butter! :-D

April 6, 2023 Plaintiff's file answer to Miyoko Schinner's countersuit.

https://drive.google.com/file/d/18W1sj1WbvRUWEPBio6uhMOdhonmzOBxw/view?usp=sharing

March 16, 2023 Miyoko replied to the original complaint and filed a countersuit.

Docket entry

03/13/2023 15 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Miyoko Schinner.. (Goldstein, Alan) (Filed on 3/13/2023) (Entered: 03/13/2023)

03/15/2023 16 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Miyoko's, PBC.. (Rubin, Jennifer) (Filed on 3/15/2023) (Entered: 03/15/2023)

03/16/2023 17 COUNTERCLAIM against Miyoko's, PBC. Filed by Miyoko Schinner. (Bloom, Lisa) (Filed on 3/16/2023) (Entered: 03/16/2023)

03/16/2023 18 ANSWER to Complaint with Jury Demand , COUNTERCLAIM against Miyoko's, PBC by Miyoko Schinner. (Bloom, Lisa) (Filed on 3/16/2023) (Entered: 03/16/2023)

Miyoko's answer to original complaint. She denied or admitted their causes of action. What's interesting is that she denied there are trade secrets. Makes sense as she published a cookbook in 2012 titled Artisan Vegan Cheese with all her cheese recipes. Miyoko owns her cheese recipes though maybe not liquid moz because that's newer.

https://drive.google.com/file/d/1zERO4dxSETTPdKjqjmzITmEnfWLnTvsE/view?usp=sharing

Miyoko's counterclaim. A small fyi she actually formed the company December 2013 per her corporation statement. Suit says 2014. Rene Weber appears to be the man who allegedly denigrates women with the help of a few others i.e., James Joaquin of Obvious Ventures, John Kenney of Cult Capital, Daniel Gluck of PowerPlant Partners, John Zabrodsky hired by PowerPlant Partners, see below. I've noticed that venture capitalists tend to be part of the boys club. I've seen this behavior in public companies when venture capitalists get appointed to boards. The company made some horrible moves in this lawsuit and press release. I think the boys were behind it. They clearly don't know how to run a business especially an ethical plant based business founded by a much loved and respected woman. The company continues to use Miyoko's photos, likeness against her wishes after she sent cease and desist letters. It bothers me to see the business website today with her photos and story plastered all over it. It's good she never sold or gave that to the business especially because she didn't even get a golden handshake.

https://drive.google.com/file/d/1HvJPaEBOIKLRe6VPx5wrqJ0Qq9bwRSX8/view?usp=sharing

1. GENDER DISCRIMINATION (Cal. Gov. Code § 12940(a))

2. FAILURE TO PREVENT DISCRIMINATION (Cal. Gov. Code § 12940(k))

3. RETALIATION (Cal. Gov. Code § 12940(h))

4. WRONGFUL TERMINATION INVIOLATION OF PUBLIC POLICY

5. VIOLATION OF RIGHT OF PUBLICITY (Cal. Civ. Code §3344)

6. MISAPPROPRIATION OF NAME AND LIKENESS

Below is just the main part of the main claim and factual events.

INTRODUCTION

1. Defendant and Counterclaimant Miyoko Schinner (“Miyoko”) is a

groundbreaking, beloved creator of popular plant-based cheeses and butter,

motivated by her passion to save animals and the planet. In 2014, she founded

Miyoko’s Kitchen (now Miyoko’s Creamery), a revolutionary, multi-million dollar

plant-based food corporation. Due to her hard work and under Miyoko’s

leadership, the company – Plaintiff and Counterdefendant Miyoko’s, PBC (“MP”)

– grew exponentially and exceeded all expectations year after year. Miyoko won

several awards and, in 2021, was named in Forbes Magazines’s 50 over 50. To

this day, MP acknowledges that Miyoko’s “passion for her craft and mission is

unrivaled.”1

2. In 2021, MP hired René Weber, an executive who singled out and openly

denigrated women, especially Miyoko, making it impossible for her to continue to

effectively do her job. On behalf of herself and other women at MP, Miyoko

complained to HR. MP swiftly retaliated against Miyoko by demoting her and then

terminating her.

3. To this day, MP continues to prominently display Miyoko’s name and

likeness on its website, despite its knowledge that it had no right to do so. MP has

flatly ignored her cease and desist letters demanding the removal of her likeness

from its websites.

4. Miyoko brings her Counterclaims against MP for unlawful employment

practices, including gender discrimination and retaliation, and for its unlawful use

of her likeness on its website without her consent. MP must now be held

accountable for the harm it caused her and continues to cause her.

FACTUAL ALLEGATIONS

8. Over the past four decades, Miyoko has written vegan cookbooks, taught

cooking classes, opened and sold a vegan restaurant (called Now & Zen) and

launched a vegan natural foods company and vegan brands, including a competitor

to Tofurky. In 2012, she published Artisan Vegan Cheese, the seminal cookbook

that put vegan cheesemaking on the map.

9. In September 2014, Miyoko’s Kitchen, the vegan creamery company she

founded, went live online. Three days later, it had more than 500 unique orders,

averaging $100 each. Miyoko, who had earlier envisioned opening a little cheese

shop, began selling to distributors. The rest of the story is playing out today at

30,000 retailers, including Whole Foods and Target, both nationwide and

internationally. MP now has a current valuation of $260 million.

10. In January of 2021, MP hired Rene Weber to be VP of Operations. Mr.

Weber immediately began a campaign of mistreating women who worked at MP,

including Miyoko, by excluding them from meetings, denying them information

they needed, berating them publicly and privately, and otherwise making it

difficult to impossible to do their jobs. Mr. Weber openly denigrated women, their

expertise, and their contributions at MP, calling some “stupid” and “terrible.” He

did not use these condescending terms with men. On several occasions, he

mansplained to Miyoko that she did not understand her own products or MP, the

company she founded. In a markedly gendered tone, he described her ideas and

ambition as unrealistic, driven by emotion and whim.

11. Miyoko, then CEO of MP, often complained to James Joaquin (Co-

Founder & Managing Director of Obvious Ventures, an investor of MP) and John

Kenney (Co-Founder at Cult Capital, an investor of MP) about Mr. Weber’s

condescending behavior to her which she believed was due to her gender.

12. In December 2021, John Zabrodsky, an operations consultant hired by

MP at the behest of PowerPlant Partners (MP’s lead investor), presented a report

on MP operations in a meeting wherein he addressed Miyoko in a very

condescending manner. He would not have addressed her in this manner had

Miyoko not been a woman. Miyoko complained about Mr. Zabrodsky’s gendered

behavior to an executive at PowerPlant Partners.

13. In early 2022, after Miyoko made multiple complaints about Mr.

Weber’s mistreatment of women, MP directed her to promote Mr. Weber to the

position of Chief Operating Officer due to its concerns that he was a “flight risk.”

Mr. Kenney acknowledged Miyoko’s prior complaints of Mr. Weber’s

mistreatment of women at MP, but he told her that we “could not afford to lose”

Mr. Weber and that MP needed to promote Mr. Weber. Another executive noted to

Miyoko that Mr. Weber was “our key to get to $200 million” in sales.

14. In January of 2022, at a Board meeting, Miyoko reported Mr.

Zabrodsky’s gendered behavior to Daniel Gluck (Managing Partner of PowerPlant

Partners), Mr. Kenney, Mr. Joaquin and Mr. Weber. Mr. Gluck quickly rebuffed

her by saying, “I don’t know about any misogyny, but we need to discuss [Mr.

Zabrodsky’s operations] report. What else does it say?”

15. In February 2022, Miyoko complained to Lisa Feria (an MP Board

member and Managing Partner & CEO at Stray Dog Capital, an investor of MP)

about gendered treatment against her by members of the Board. Miyoko perceived

much of this gendered treatment when it doubted her capabilities as CEO and

sought to hire a President to seize much of her responsibilities. Ms. Feria confided

in Miyoko about feeling ineffective and ignored by the male Board members in

meetings.

16. In late May of 2022, Miyoko complained to MP’s then Director of HR

about gendered treatment from Jorge Couce, a Senior Director at MP. Upon

information and belief, HR never investigated Miyoko’s gender discrimination

complaint.

17. On June 9, 2022, MP’s Board removed Miyoko from MP’s CEO role.

Miyoko remained as MP’s Board Chair and as a MP employee. Jon Blair, MP’s

Chief Financial Officer, stepped into the role of interim President to guide the

transition and run day-to-day operations.

18. On June 14, 2022, Miyoko emailed Mr. Blair to complain about Mr.

Weber. She stated in the email:

We lost two female employees due to [Mr. Weber’s]

mistreatment of them – I found an email from Louis [Kanganis]

about one of them, actually. He was going to fire another

female in his department earlier this year, someone who has

been here for years and while not stellar, has been a good

member of the team and is willing to do anything despite her

age and family issues. I was able to put a stop to that. He has a

dismissive way with female employees that is not good.

19. On July 9, 2022, Miyoko confirmed her prior oral complaints of gender

discrimination in an email to Ms. Feria, presenting a “timeline of misses, issues,

and other problems in [her] assessment of [Mr. Weber].” She wrote, in part:

At least 8 women have complained about [Mr. Weber’s]

rudeness, arrogance, and dismissive attitude. It is well known

that his demeanor toward them contributed to the parting of at

least two [names omitted]. Others were too afraid to complain

about him because he wields so much power. Tight with the HR

Director, making it difficult for low-level employees to do

anything. On a number of occasions, employees have come to

me with problems or complaints that had fallen on deaf ears

with HR or Ops. When I reported the complaints, and HR

would do an “investigation,” and the fault invariably fell with

those complaining, while those complained about were found

innocent. He has openly criticized a number of female

employees to me, calling them “not good,” “stupid,” “terrible,”

etc. One employee apparently reported leaving because of

“integrity issues” with René and Jorge. Prior to my

“reassignment,” I reported to René that it had come to my

attention that 4 women recently had felt dismissed or

disrespected by Jorge. He seemed surprised and told me to file

a complaint with HR, which I did. There was time to get back

to me on this before my vacation, and assuming that Lenora had

not been informed I had been fired, but she nor René never did.

20. Just a few days later, on July 28, 2022 MP terminated Miyoko’s

employment entirely. MP set August 12, 2022 as the effective termination date.

21. MP’s termination of Miyoko’s employment was an act of retaliation for

her complaints of discrimination against Mr. Weber and Mr. Zabrodsky. Indeed,

Mr. Joaquin earlier characterized Miyoko’s attempts to hold Mr. Weber

accountable for his misconduct as “irrational.” It bothered MP executives that

Miyoko stood up for her rights and the rights of other women in the company,

demanding respectful treatment and refusing to conform to the stereotype of a

docile, complacent, obedient Asian-American woman. Miyoko was not acceptable

to them as a person with decision-making power and authority in the company. It

was only the image of her celebrity status and prominence in the vegan and food

worlds which MP continues to use in branding and marketing that MP desired to

retain.

22. After Miyoko’s termination, Mr. Blair advised her that she could keep

the keys to MP’s premises and that she could keep her two company laptops.

23. MP never obtained the right to use Miyoko’s name, image and likeness

after her termination. Yet MP used Miyoko’s name, image and likeness on its

website and on a food truck that was about to commence a multi-week tour from

California to Austin. In August 18, 2022, Miyoko, through her legal counsel,

demanded that MP cease and desist its use and exploitation of her publicity rights.

After receiving no response, Miyoko, through her legal counsel, again demanded

that MP cease and desist its use and exploitation of her publicity rights. To this

day, MP has willfully refused to comply – Miyoko’s name, image and likeness

remains on its website and the food truck completed the multi-week tour from

California to Austin.

24. MP has excluded Miyoko from Board meetings and from her rights as a

director to “inspect and copy all books, records and documents of every kind” as

provided by California Corporations Code section 8334.

Here is video of Rene Weber saying Miyoko made all the recipes and built the business to what it is today June 2022. He said their cheese isn't an empty product made out of oil and starch, like the shreds? This guy doesn't seem to be into animals.He says the cheese is good for you and the planet. What about the animals? They don't have to be treated cruelly then killed. He's allegedly a Swiss master cheese maker. He appears to be pro dairy and pro dairy cheese. Here is his resume. He's from Bern. https://rocketreach.co/rene-weber-email_98230149

https://www.youtube.com/watch?v=-7eVmnk7b3g

March 1, 2023 Miyoko Schinner hired Lisa Bloom to represent her in the lawsuit.

https://breakthesilence.substack.com/p/miyoko-schinner-retains-lisa-bloom

Here is the complaint against Miyoko Schinner. It's a public document.

https://drive.google.com/file/d/10ZG7FpuwJdODjByVl11i-9hMt_5b_UrX/view?usp=sharing 

Summary of lawsuit: Miyoko Schinner started Miyoko's, Miyoko's Kitchen, Miyoko's Creamery in 2013. It was incorporated in California and merged into a new Delaware corporation in 2019 as Miyoko's Kitchen Inc and Miyoko's PBC. Miyoko Schinner is an award-winning Vegan celebrity chef who developed the best vegan butter and cheeses while writing vegan cheese cookbooks. Through her many years of very hard work she made her company into a $250,000,000 company getting her product in all the major grocery stores and markets. She is a well respected business woman in her field. She also runs Rancho Compasion.

Miyoko's sought out venture capital starting in 2016 in order to expand production due to high demand. When you accept venture capital they expect a few seats on the board of directors. Miyoko's Creamery is a B Corporation and a Public Benefit PBC corporation. June 2022 the board voted to fire Miyoko Schinner as the CEO of Miyoko's. She was demoted to another position and stayed with the company and on the board as Chairman of the Board. There was expected to be negotiations on a separation, rearrangement with the company. That didn't happen and then the company fired Miyoko outright. 

February 2023 the company sued Miyoko for allegedly taking trade secrets and records. Later that month Miyoko hired Lisa Bloom to represent her. There will most likely be a counter suit. 

My personal opinion is that the finance guys on the board just wanted to make more profits. I think this had to do with Miyoko discontinuing the shreds and slices March 2022. "She would never approve an oil and starch product with no nutritional value. She admitted that the corporation had done so in order to “play the game.” She described the items as “compromises to the brand’s values and product guardrails.” " "In deciding to pull the product off the marketplace, we had to make the decision to take a hit to our revenues in order to re-establish our brand values.” I don't know anyone on the inside so this is just my speculation based on timing. She was fired, demoted three months later at the next board meeting.

Whatever the case the company should not have sued Miyoko. At the very minimum they should not have put everything they did in writing in the public lawsuit including her working agreement. They should have filed a vague suit then both parties could have agreed to keep all discovery, exhibits under seal. Sounds like some young finance guys thinking they're the Wolves of Wall Street making big mistakes. They are harming profits more than eliminating shreds and slices.

Company press release February 16,2023 about the lawsuit.

https://www.businesswire.com/news/home/20230216005343/en/Miyoko%E2%80%99s-Creamery-Announces-Executive-Transition

This list may not be up to date. I'm trying to verify.

Employees
  
Louis Kanganis is the company President.
Jon Blair CFO and acting CEO
Deborah Foster Co-Chief Executive Officer
Emad Halaka Co-Chief Executive Officer
May Ethan President
Pete Cohen President
René Weber Chief Operating Officer

Board of Directors

Christopher Kerr Unovis Asset Management Board Observer
Chuck Muth Self Board Member
Daniel Gluck PowerPlant Partners Board Member
James Joaquin Obvious Ventures Board Member
John Kenney Cult Capital Board Member

Investors

Bruce Friedrich Angel (individual) Minority
CPT Capital Venture Capital Minority
Ellen DeGeneres Angel (individual) Minority
Portia de Rossi Angel (individual) Minority
PowerPlant Partners Venture Capital Minority

ORIGINAL: U.S. District Court California Northern District (Oakland) CIVIL DOCKET FOR CASE #: 4:23-cv-00711-DMR

Miyoko's, PBC v. Schinner

Assigned to: Magistrate Judge Donna M. Ryu
Cause: 18:1836(a) - Injunction against Misappropriation of Trade Secrets
Date Filed: 02/16/2023
Jury Demand: Plaintiff
Nature of Suit: 880 Defend Trade Secrets Act (of 2016)
Jurisdiction: Federal Question

Plaintiff

Miyoko's, PBC, a Delaware Corporation represented by Mike Costes Flesuras Mintz
3580 Carmel Mountain Rd Ste 300
San Diego, CA 92130
951-551-4557
Email: mcflesuras@mintz.com

LEAD ATTORNEY

Nicole M Rivers 858-314-1897 Email: NMRivers@mintz.com

Micha Danzig Mintz Levin Cohn Ferris Glovsky and Popeo PC 858-314-1500 Fax: 858-314-1500 Email: mdanzig@mintz.com

V.

Defendant

Miyoko Schinner represented by Alan Goldstein The Bloom Firm 26565 Agoura Road Suite 200 Calabasas, CA 91302 818-914-7319 Email: Avi@thebloomfirm.com

Lisa Bloom The Bloom Firm

Miyoko's Creamery, Miyoko Schinner, Lisa Bloom, lawsuit, complaint, mary cummins, investigative reporter, trade secrets, vegan, cheese, vegan cheese, woman, board
Miyoko's Creamery, Miyoko Schinner, Lisa Bloom, lawsuit, complaint, mary cummins, investigative reporter, trade secrets, vegan, cheese, vegan cheese, woman, board, Louis Kanganis


DOCKET BELOW. 

Date Filed # Docket Text

02/16/2023 1 COMPLAINT (with jury demand) against Miyoko Schinner (Filing fee $ 402, receipt number ACANDC-17999346). Filed by Miyoko's, PBC. (Attachments: # 1 Civil Cover Sheet)(Danzig, Micha) (Filed on 2/16/2023) Modified on 2/17/2023 (cjl, COURT STAFF). (Entered: 02/16/2023)

02/16/2023 2 Proposed Summons. (Danzig, Micha) (Filed on 2/16/2023) (Entered: 02/16/2023)

02/16/2023 3 Rule 7.1 Disclosures by Miyoko's, PBC (Danzig, Micha) (Filed on 2/16/2023) (Entered: 02/16/2023)

02/16/2023 4 Certificate of Interested Entities by Miyoko's, PBC (Danzig, Micha) (Filed on 2/16/2023) (Entered: 02/17/2023)

02/17/2023 5 Case assigned to Magistrate Judge Donna M. Ryu.

Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.

Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 3/3/2023. (jrs, COURT STAFF) (Filed on 2/17/2023) (Entered: 02/17/2023)

02/17/2023 6 Summons Issued as to Miyoko Schinner. (cjl, COURT STAFF) (Filed on 2/17/2023) (Entered: 02/17/2023)

02/17/2023 7 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/10/2023. Initial Case Management Conference set for 5/17/2023 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (cjl, COURT STAFF) (Filed on 2/17/2023) (Entered: 02/17/2023)

02/27/2023 8 NOTICE of Appearance by Alan Goldstein for Defendant Miyoko Schinner (Goldstein, Alan) (Filed on 2/27/2023) (Entered: 02/27/2023)

02/27/2023 9 NOTICE of Appearance by Alan Goldstein for Lisa Bloom for Defendant Miyoko Schinner (Goldstein, Alan) (Filed on 2/27/2023) (Entered: 02/27/2023)

02/28/2023 Electronic filing error. Attorney Alan Goldstein Must Update ECF Profile with Current Contact Information. [err102] Re: 8 Notice of Appearance filed by Miyoko Schinner. (cjl, COURT STAFF) (Filed on 2/28/2023) (Entered: 02/28/2023)

02/28/2023 Electronic filing error. Each attorney of Record Must file Their Own Notice of Appearance Using Their Own ECF Sign on. Additionally, the Document Should Reflect the Correct Jurisdiction. [err102] This filing will not be processed by the clerks office. Please re-file in its entirety Re: 9 Notice of Appearance filed by Miyoko Schinner. (cjl, COURT STAFF) (Filed on 2/28/2023) (Entered: 02/28/2023)

03/01/2023 10 NOTICE of Appearance by Lisa Bloom for Defendant Miyoko Schinner (Bloom, Lisa) (Filed on 3/1/2023) (Entered: 03/01/2023)

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