Showing posts with label lawsuit. Show all posts
Showing posts with label lawsuit. Show all posts

Thursday, March 14, 2024

Sabrina Morrissey, Wendy Williams Hunter v. A&E Television Networks, LLC UNSEALED Case Documents, Lawsuit Records by Mary Cummins

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wendy williams,wendy williams hunter,sabrina morrissey,mary cummins,A+E Networks,lawsuit,guardian,where is wendy williams,dementia,new york,court records,documents,


03/14/2024 Below are some of the just unsealed court documents related to the Sabrina Morrissey acting as guardian for Wendy Williams Hunter against A+E Networks. They include the main motion to stop the "Where is Wendy Williams" program from airing along with Wendy Williams' contracts. Sabrina Morrissey argues that Williams was in no condition to agree to anything. Morrissey also states that Williams was falsely led to believe she would be shown in a good light and would be the beginning of a comeback. I will update this as the court unseals more documents. 

Case 2024-01107 - Appellate Division - 1st Dept

Main Motion to Stop A+E Networks from airing Where is Wendy Williams March 2024
https://drive.google.com/file/d/17wNXGF4ywsigdVIWe8hChwrs3Bx1KscU/view?usp=sharing

Affidavit of attorney conservator guardian Sabrina Morrissey March 2024
https://drive.google.com/file/d/11C0MIa-h-Zn_QsOdQv0j6rBsZBmfwKs0/view?usp=sharing

Short Caption:  Sabrina Morrissey v. A&E Television Networks, LLC et al Case Type in Court of Original Instance: Civil Action - General

New York Supreme Civil Index Number: 650893/2024

Sabrina Morrissey , acting in her capacity as Temporary Guardian of W.W.H. v. A&E Television Networks, Llc, Entertainment One Reality Productions, Llc

Information from Court of Original Instance

Index/Court: 650893/2024 - New York Supreme Civil Judge: Margaret A. Chan Order Appealing From Date: 02/22/2024 Notice of Appeal Date: 02/23/2024 Order Entered Date: 02/22/2024 Notice of Appeal Filed Date: 02/23/2024

Petitioners

Name Represented By

Sabrina Morrissey , acting in her capacity as Temporary Guardian of W.W.H., Respondent HOLLOMAN, ELLEN V on 02/24/2024

Cadwalader, Wickersham & Taft LLP


DEVEREUX, AMANDA LYNN on 02/24/2024

CADWALADER, WICKERSHAM & TAFT LLPRespondents

Name Represented By

A&E Television Networks, LLC , Defendant-Appellant STROM, RACHEL F on 02/23/2024

Davis Wright Tremaine LLP


EVERDELL, ABIGAIL BAIN on 02/23/2024

DAVIS WRIGHT TREMAINE LLP


MAZUREK, CARL ANTON ROSEBUSH on 02/23/2024

Davis Wright Tremaine

Entertainment One Reality Productions, LLC , Defendant-Appellant STROM, RACHEL F on 02/23/2024

Davis Wright Tremaine LLP


EVERDELL, ABIGAIL BAIN on 02/23/2024

DAVIS WRIGHT TREMAINE LLP


MAZUREK, CARL ANTON ROSEBUSH on 02/23/2024

Davis Wright Tremaine

Document List

Documents

Agreement for project
https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=8ySjJvZxDLEhM3Ywtz6Rhw==

Order to seal

https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=8L5tDeBSxCGi1Ivtpnoi4Q==

Letter to court about sealed documents

https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=cdbwUD1qzIiT7ni0LFLvpg==

Proposed order to temporary restraint A E 
https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=230NHMvN7p3KCCi5nhq1kA==

Motion Order on Document Seal

https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=4VSHVWaPGh2vSaGOxbTpmA==

1 COPY OF NOTICE OF APPEAL WITH PROOF OF FILING / INFORMATIONAL STATEMENT / ORDER OR JDMT APPEALED FROM

Sealed Strom, R.

Filed: 02/23/2024

Received: 02/23/2024 Processed


 2 COPY OF SEALING ORDER -

Sealed Strom, R.

Received: 02/23/2024 Processed


 3 APPLICATION FOR INTERIM RELIEF W/SUPPORTING DOCUMENTS INCLUDING EXHIBIT(S)  (Motion #946)

Sealed Strom, R.

Filed: 02/23/2024

Received: 02/23/2024 Processed


 4 COPY OF SEALING ORDER (M)  (Motion #946)

Sealed Strom, R.

Filed: 02/23/2024

Received: 02/23/2024 Processed


 5 ORDER  (Motion #946)

Sealed Court User

Filed: 02/23/2024

Received: 02/23/2024 Processed

1 SUMMONS + COMPLAINT *Corrected*

Sealed Holloman, E.

Filed: 02/21/2024

Received: 02/28/2024 Processed


 2 LETTER / CORRESPONDENCE TO JUDGE

Letter from E. Holloman to Judge Chan re. Motion to Seal Holloman, E.

Filed: 02/26/2024

Received: 02/26/2024 Processed

Confirmation Notice

 3 EXHIBIT(S)  - A

On-Camera Talent Agreement Holloman, E.

Filed: 02/26/2024

Received: 02/26/2024 Processed

Confirmation Notice

 4 ORDER TO SHOW CAUSE - ACCOMPANYING COMMENCEMENT DOC(S) (PROPOSED)  (Motion #001)

Plaintiff's OSC to Seal Holloman, E.

Filed: 02/26/2024

Received: 02/26/2024 Processed

Confirmation Notice

 5 AFFIDAVIT OR AFFIRMATION IN SUPPORT OF PROPOSED OSC/EXPARTE APP  (Motion #001)

Sealed Holloman, E.

Filed: 02/26/2024

Received: 02/26/2024 Processed


 6 EXHIBIT(S)  - A  (Motion #001)

Sealed Holloman, E.

Filed: 02/26/2024

Received: 02/26/2024 Processed


 7 MEMORANDUM OF LAW IN SUPPORT  (Motion #001)

Sealed Holloman, E.

Filed: 02/26/2024

Received: 02/26/2024 Processed


 8 RJI -RE: OTHER  (Motion #001)

Sealed Holloman, E.

Filed: 02/21/2024

Received: 02/26/2024 Processed


 9 ADDENDUM - COMMERCIAL DIVISION (840C)  (Motion #001) Holloman, E.

Filed: 02/26/2024

Received: 02/26/2024 Processed

Confirmation Notice

 10 ORDER TO SHOW CAUSE ( PROPOSED )  (Motion #002)

Plaintiff's OSC for Injunctive Relief and TRO Holloman, E.

Filed: 02/21/2024

Received: 02/26/2024 *** Pending ***

Confirmation Notice

 11 AFFIDAVIT OR AFFIRMATION IN SUPPORT OF PROPOSED OSC/EXPARTE APP  (Motion #002)

Sealed Holloman, E.

Filed: 02/26/2024

Received: 02/26/2024 Processed


 12 AFFIDAVIT OR AFFIRMATION IN SUPPORT OF PROPOSED OSC/EXPARTE APP  (Motion #002)

Sealed Holloman, E.

Filed: 02/26/2024

Received: 02/26/2024 Processed


 13 EXHIBIT(S)  - A  (Motion #002)

Sealed Holloman, E.

Filed: 02/26/2024

Received: 02/26/2024 Processed


 14 EXHIBIT(S)  - B  (Motion #002)

Sealed Holloman, E.

Filed: 02/26/2024

Received: 02/26/2024 Processed


 15 EXHIBIT(S)  - C  (Motion #002)

On-Camera Talent Agreement Holloman, E.

Filed: 02/26/2024

Received: 02/26/2024 Processed

Confirmation Notice

 16 EXHIBIT(S)  - D  (Motion #002)

USB Flash Drive Holloman, E.

Filed: 02/26/2024

Received: 02/26/2024 Processed

Confirmation Notice

 17 EXHIBIT(S)  - E  (Motion #002)

Transcription Holloman, E.

Filed: 02/26/2024

Received: 02/26/2024 Processed

Confirmation Notice

 18 MEMORANDUM OF LAW IN SUPPORT  (Motion #002)

Sealed Holloman, E.

Filed: 02/26/2024

Received: 02/26/2024 Processed


 19 NOTICE OF APPEARANCE (POST RJI)

Notice of Appearance of Ellen V. Holloman Holloman, E.

Filed: 02/26/2024

Received: 02/26/2024 Processed

Confirmation Notice

 20 NOTICE OF APPEARANCE (POST RJI)

Notice of Appearance of Amanda L. Devereux Devereux, A.

Filed: 02/26/2024

Received: 02/26/2024 Processed

Confirmation Notice

 21 NOTICE OF HARD COPY EXHIBIT FILING

Notice of Hard Copy Submission Holloman, E.

Filed: 02/26/2024

Received: 02/26/2024 Processed

Confirmation Notice

 22 LETTER / CORRESPONDENCE TO JUDGE  (Motion #001)

Letter in Opposition to Order to Show Cause to Seal Strom, R.

Filed: 02/27/2024

Received: 02/27/2024 Processed

Confirmation Notice

 23 EXHIBIT(S)  - A  (Motion #001)

Sealed Strom, R.

Filed: 02/27/2024

Received: 02/27/2024 Processed


 24 EXHIBIT(S)  - B  (Motion #001)

Appellate Division Order Strom, R.

Filed: 02/27/2024

Received: 02/27/2024 Processed

Confirmation Notice

 25 DISCLOSURE STATEMENT Strom, R.

Filed: 02/27/2024

Received: 02/27/2024 Processed

Confirmation Notice

 26 ORDER - OTHER (NON-MOTION) Court User

Filed: 02/28/2024

Received: 02/28/2024 Processed

Confirmation Notice

 27 STIPULATION - OTHER - ( REQUEST TO SO ORDER )

Joint Stipulation Regarding Pending Motion to Seal, dated 3/8/2024 Holloman, E.

Filed: 03/08/2024

Received: 03/08/2024 *** Pending ***

Confirmation Notice

 28 EXHIBIT(S)  - 1

Sealed Holloman, E.

Filed: 03/08/2024

Received: 03/08/2024 Processed


 29 EXHIBIT(S)  - 2

Verified Complaint - Redacted (Dkt. 1) Holloman, E.

Filed: 03/08/2024

Received: 03/08/2024 Processed

Confirmation Notice

 30 EXHIBIT(S)  - 3

Sealed Holloman, E.

Filed: 03/08/2024

Received: 03/08/2024 Processed


 31 EXHIBIT(S)  - 4

Holloman Aff. in Support of Motion to Seal - Redacted (Dkt. 5) Holloman, E.

Filed: 03/08/2024

Received: 03/08/2024 Processed

Confirmation Notice

 32 EXHIBIT(S)  - 5

Sealed Holloman, E.

Filed: 03/08/2024

Received: 03/08/2024 Processed


 33 EXHIBIT(S)  - 6

Memo of Law in Support of Motion to Seal Redacted (Dkt. 7) Holloman, E.

Filed: 03/08/2024

Received: 03/08/2024 Processed

Confirmation Notice

 34 EXHIBIT(S)  - 7

Sealed Holloman, E.

Filed: 03/08/2024

Received: 03/08/2024 Processed


 35 EXHIBIT(S)  - 8

Request for Judicial Intervention - Redacted (Dkt. 8) Holloman, E.

Filed: 03/08/2024

Received: 03/08/2024 Processed

Confirmation Notice

 36 EXHIBIT(S)  - 9

Sealed Holloman, E.

Filed: 03/08/2024

Received: 03/08/2024 Processed


 37 EXHIBIT(S)  - 10

Holloman Aff. Pursuant to Rule 202.7(f) - Redacted (Dkt. 11) Holloman, E.

Filed: 03/08/2024

Received: 03/08/2024 Processed

Confirmation Notice

 38 EXHIBIT(S)  - 11

Sealed Holloman, E.

Filed: 03/08/2024

Received: 03/08/2024 Processed


 39 EXHIBIT(S)  - 12

Morrissey Aff. - Redacted (Dkt. 12) Holloman, E.

Filed: 03/08/2024

Received: 03/08/2024 Processed

Confirmation Notice

 40 EXHIBIT(S)  - 13

Sealed Holloman, E.

Filed: 03/08/2024

Received: 03/08/2024 Processed


 41 EXHIBIT(S)  - 14

Memo of Law in Support of TRO - Redacted (Dkt. 18) Holloman, E.

Filed: 03/08/2024

Received: 03/08/2024 Processed

Confirmation Notice

 42 EXHIBIT(S)  - 15

Sealed Holloman, E.

Filed: 03/08/2024

Received: 03/08/2024 Processed


 43 EXHIBIT(S)  - 16

Ex. A to Strom Ltr. - Email dated Feb. 22, 2024 - Redacted (Dkt. 23) Holloman, E.

Filed: 03/08/2024

Received: 03/08/2024 Processed

Confirmation Notice

 44 LETTER / CORRESPONDENCE TO JUDGE

Letter to Judge Chan from E. Holloman dated 3/8/2024 re. Request to File a Corrected Version of the ... show more Holloman, E.

Filed: 03/08/2024

Received: 03/08/2024 Processed

Confirmation Notice

 45 EXHIBIT(S)  - 1

Sealed Holloman, E.

Filed: 03/08/2024

Received: 03/08/2024 Processed


 46 EXHIBIT(S)  - 2

Sealed Holloman, E.

Filed: 03/08/2024

Received: 03/08/2024 Processed


 47 EXHIBIT(S)  - 3

Corrected version of Memo of Law - Redacted Holloman, E.

Filed: 03/08/2024

Received: 03/08/2024 Processed

Confirmation Notice

 48 DECISION + ORDER ON MOTION  (Motion #001) Court User

Filed: 03/14/2024

Received: 03/11/2024 Processed

Confirmation Notice

 49 NOTIFICATION OF ORDER EXTENDING RESTRICTION *Corrected*

Plaintiff's Notification of Order Extending Restriction dated 3/12/2024 Holloman, E.

Filed: 03/12/2024

Received: 03/14/2024 Processed

Confirmation Notice

TEXT FROM MAIN MOTION LINKED ABOVE

FILED UNDER SEAL

1

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK

SABRINA E. MORRISSEY, ESQ., acting in her capacity as

Temporary Guardian of W.W.H.,

Plaintiff,

-againstA&E TELEVISION NETWORKS, LLC and

ENTERTAINMENT ONE REALITY PRODUCTIONS, LLC

Defendants.

Index No. 650893/2024

VERIFIED COMPLAINT

FOR INJUNCTIVE RELIEF

Sabrina Morrissey, Esq., acting in her capacity as Temporary Guardian of W.W.H., files

this Complaint for injunctive relief against Defendants A&E Television Networks, LLC (ìA&E

Networksî) and Entertainment One Reality Productions, LLC (ìEntertainment Oneî), and, upon

personal knowledge as to her own conduct and upon information and belief with respect to the

conduct of others, alleges the following:

NATURE OF THE ACTION

1. W.W.H. is a prominent and accomplished individual who has earned her status as

an icon in the African American community and beyond through her highly successful multimedia

career over the past three decades. Unfortunately, in recent years, serious medical issues have

severely diminished W.W.H.ís capacity to maintain her personal and business affairs, necessitating

guardianship proceedings.

2.

FILED: NEW YORK COUNTY CLERK 03/08/2024 05:31 PM INDEX NO. 650893/2024

NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 03/08/2024

FILED UNDER SEAL

2


3. In May 2023, W.W.H. was finally diagnosed by doctors at Weill Cornell Medical

Center with frontotemporal lobe dementia and progressive aphasia.

4. On February 2, 2024, Defendants A&E Television Networks, LLC (ìA&E

Networksî) and Entertainment One Reality Productions, LLC (ìEntertainment Oneî) released

a trailer of a purported documentary entitled ìWhere is Wendy Williams?î on its website (the

ìTrailerî),1

 and announced that the full documentary will be aired by Lifetime Networks (which

is owned by Defendant A&E Networks) in two parts on February 24-25, 2024. The Trailer, which

appears to contain privately-shot footage of W.W.H. in an obviously disabled state, shamelessly

exploits W.W.H. and portrays her in an extremely demeaning and undignified manner, incorrectly

states that W.W.H. is ìbroke,î and cruelly implies that W.W.Hís disoriented demeanor is due to

substance abuse and intoxication. The Trailer has been disseminated and discussed on YouTube

and other social media platforms by multiple gossip vloggers and other users, where it has been

watched and commented on by hundreds of thousands if not millions of people. The Trailer has

been viewed on Lifetime Networksí official YouTube channel over 725,000 times.2


5. It is readily apparent that the complete promised documentary would even further

portray W.W.H. in a humiliating and demeaning manner, unconscionably exploiting W.W.H.ís

condition, and perhaps even disclosing her personal and private medical diagnosis, for perceived

                                                      

1

 See Re: Lifetime Announces A Two-Night Documentary Event ìWhere is Wendy

Williams?î, A+E Networks, https://www.aenetworks.com/article/re-lifetime-announces-a-twonight-documentary-event-where-is-wendy-williams (last visited Feb. 20, 2024). Error! Hyperlink

reference not valid.

2

 See Lifetime, Where is Wendy Williams? Official Trailer, YouTube (Feb. 2, 2024),

https://www.youtube.com/watch?v=OjJDhf5ll70 (last visited Feb. 20, 2024)..

FILED: NEW YORK COUNTY CLERK 03/08/2024 05:31 PM INDEX NO. 650893/2024

NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 03/08/2024

FILED UNDER SEAL

3

ìentertainment valueî and the prurient interest of television viewers. This blatant exploitation of

a vulnerable woman with a serious medical condition who is beloved by millions within and

outside of the African American community is disgusting, and it cannot be allowed. 


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.


Mary Cummins, Mary K. Cummins, Mary Katherine Cummins, Mary, Cummins, #marycummins #animaladvocates #losangeles #california #wildlife #wildliferehabilitation #wildliferehabilitator #realestate #realestateappraiser #realestateappraisal #lawsuit real estate, appraiser, appraisal, instructor, teacher, Los Angeles, Santa Monica, Beverly Hills, Pasadena, Brentwood, Bel Air, California, licensed, permitted, certified, single family, condo, condominium, pud, hud, fannie mae, freddie mac, fha, uspap, certified, residential, certified resident, apartment building, multi-family, commercial, industrial, expert witness, civil, criminal, orea, dre, brea insurance, bonded, experienced, bilingual, spanish, english, form, 1004, 2055, 1073, land, raw, acreage, vacant, insurance, cost, income approach, market analysis, comparative, theory, appraisal theory, cost approach, sales, matched pairs, plot, plat, map, diagram, photo, photographs, photography, rear, front, street, subject, comparable, sold, listed, active, pending, expired, cancelled, listing, mls, multiple listing service, claw, themls, historical appraisal, facebook, linkedin DISCLAIMER: https://mary--cummins.blogspot.com/p/disclaimer-privacy-policy-for-blogs-by.html

Wednesday, April 5, 2023

Upside Foods bio meat, EPIC manufacturing plant and Uma Valeti. Is this a real business? Probably not

Uma Valeti, Upside Foods, Memphis Meats, cultivated cell meat, Califorornia, Emeryville, epic, lab, biomeat, biotech meat, scandal, scam, con, venture capital, Nicholas Genovese, fda, cultured meat, lab grown meat, cultivated meat,

UPDATE: 05/28/2023 Lab grown meat industry and not yet a possible commercial venture. It currently takes too many resources and energy to produce the meat. It will not be a commercial product until they find a way to make it more easily, cheaply and with less of an environmental footprint. In the meantime we should just be eating plants or already commercially available plant made "meats." Impossible Foods makes the best burgers, grounds and they have great chicken nuggets. 

https://futurism.com/new-study-lab-grown-meat-worse-environment

04/28/23 Upside is now making ground chicken with plant base and a few lab meat cells thrown in. That sounds like Impossible chicken nuggets with a dash, a pinch of cells. If we're talking .0001% cells, that makes the product commercially viable now. As it's just plant based chicken nuggets, what is the point? The point of lab meat is an entire piece of meat indistinguishable for real meat, a chicken breast, a cut of steak. We already have great ground chicken substitutes. Who would pay $20,000 for ground lab meat? There's no market for that.

https://www.fooddive.com/news/upside-foods-cultivated-ground-chicken-pdgf-independent-cells/648266/

04/23/23 I haven't read this because of the pay wall. https://www.wsj.com/articles/inside-the-struggle-to-make-lab-grown-meat-12cf46ab

ORIGINAL: Dr Uma Valeti has been churning out press releases about his company Upside Foods for years now. The company will allegedly produce, already produces bio meat. Dr. Uma Valeti is a cardiologist in California. Upside Foods used to be Memphis Meats. Bio meat is meat cultured from animal cells that doesn't involve raising and killing animals. 

Bio meat is a hot hot hot industry because it could cut down on greenhouse gases from animal farming, reduce water consumption and reduce the cruel treatment of farm animals. Many have tried to cultivate animal cells but so far the process is too costly. Upside claims to have found a way to produce bio meat affordably. For this reason many want to invest in the company so they can make millions of dollars. The company has raised over $500,000,000 based on the promise of being able to currently manufacture bio meat at a reasonable cost.

November 2022 the FDA sent Upside Foods a letter stating they reviewed their data and their bio chicken would be safe for consumption. https://www.virgin.com/about-virgin/virgin-group/news/upside-foods-receives-green-light-for-cultivated-meat-from-fda This of course is very different than having an actual product which can be commercially produced. This is not an approval of the final or any product.

The new manufacturing facility is called EPIC. It's located at 6201 SHELLMOUND ST, EMERYVILLE, CA 94608-2119. It's currently zoned for retail shopping center anchor store, storage or shipping facility. Approved uses are retail, food/beverage, office, gym, entertainment, life science i.e. lab space. It's not approved for manufacturing. Previously there was a sports gym and a market bar at this location. It's located near apartments and retail properties. There is no application for a zoning or planning variance to manufacture bio meat. May 2021 they stated the "facility will produce, package and ship cultured meat at a larger scale than any other company in the industry." The company claimed in late 2021 they currently can and are(?) producing 50,000 lbs of bio meat per year and are testing production runs. 

December 2022 they applied for a "pilot production plant" permit which expires November 2023. This was after they stated they already built the manufacturing plant and were manufacturing bio meat. I'll call tomorrow and update the article. I checked with Alameda County, California Building and Safety using their address https://permit.acgov.org/ You would need a lot of permits and variances from many different agencies to be able to operate a meat for human consumption operation at this site. 

I managed to find this from the city of Emeryville. It's for "research and development" only and not production or manufacturing. "Memphis Meats – 6201 Shellmound Street; tenant improvements for research and development. Building permit application for Memphis Meats biotechnology company submitted on July 29, 2020. Issued building permit to install structural mezzanine in Parcel C1 for mechanical equipment for Memphis Meats on September 23, 2020. On November 18, 2020 received building permit application for Memphis Meats tenant improvements."  https://www.ci.emeryville.ca.us/ArchiveCenter/ViewFile/Item/5105 

I also found this from November 2021, "Upside Foods (formerly Memphis Meats) – 6201 Shellmound Street; office, and research and development lab; valuation $30.5 million; building permit received final inspection on November 10 and certificate of occupancy was granted on November 23." "Upside Foods (formerly Memphis Meats) – 6005 Shellmound Street, Suite 175; interior tenant improvements; valuation $5.4 million; building permit application for expedited plan review submitted on November 5." Status was listed as zero completion. This is when they had their building ribbon cutting grand opening. Looks like it was the grand opening of the office.

Initially the cost of Upside's cellular meat was $18,000/lb then $9,000 and now it's allegedly $2,400/lb. Real animal meat sells for $2-$20/lb. Plant based meat sells for about the same. Upside is a long ways off. If you don't want to eat animal meat today, makes more sense to eat plant meat like Impossible or Beyond. Impossible meatballs, burgers taste fantastic and don't have unhealthy animal fat, cholesterol like real meat. 12 oz Impossible ground beef is $5. Gardein has wonderful affordable options as well. I've vegan and eat mainly unprocessed beats, nuts, seeds besides fruits, veggies, rice, grains. I have no investment in any food or other company.

A few of Upside's legal woes.

Many suspect the company is an investment scam. "Will Biotech Meat Become the Next Tech Scandal? Everything about the biotech meat industry is premature. The entire sector is essentially one massive PR campaign disguised as food tech pretending to save the world. When you’re spending more time chasing media than ensuring your company is financially successful, the house of cards will inevitable fall."

https://www.forbes.com/sites/michelesimon/2023/01/10/will-biotech-meat-become-the-next-tech-scandal/?sh=b753e142c96c

Another red flag is the company sued one of their founders Nicholas Genovese. Two other key employees resigned after Genovese was fired.

https://www.wired.com/story/upside-foods-blue-sky-trade-secrets-lawsuit/

https://thecounter.org/upside-foods-lab-grown-meat-cultured-uma-valeti-nicholas-genovese-firing/

More red flags is CEO, GMs who have never successfully run a real active business that makes products. Dr. Uma Valeti is just a cardiologist. He's never run any business before yet alone a multi million dollar business. They have no real product in the market even though they claim they made their first bio meat over a decade ago. All they do is churn out PRs and raise funds. Most board members are venture capitalists. This company reminds me of the scam bio fuels companies. They claim to take waste and turn it into bio fuel or as a replacement for plastic like Xyleco which I outed. Just fyi I predicted the failure of investment scams NPCT, UMCC, ASTN, EZR, TMOT, Theranos, Enron... I was sued twice for defamation for my 100% factual statements about the companies ASTN and their stock promoters NPCT. I represented myself pro se and won both cases. 

About Upside Foods: "Upside Foods, based in Berkeley, Calif., was founded in 2015 by Uma Valeti, MD, the company’s CEO, and William Clem. Formerly known as Memphis Meats, the company – a pioneer in the lab-grown meat business -- underwent a name change in May 2021. On November 16, the Food and Drug Administration announced that lab-grown chicken developed by Upside Foods is safe for human consumption. The company anticipates being able to bring its products to market once its facilities have been inspected by the U.S. Department of Agriculture."

"Among Upside Foods’ investors have been Abu Dhabi Growth Fund, Softbank, Tyson Foods, Norwest Venture Partners, and Microsoft founder Bill Gates, and Virgin Atlantic founder Richard Branson. The company has raised at least $520 million, the latest of which was a Series C round in April 2022. Its last known valuation was $1.3 billion and has not publicly communicated an intention to IPO."

Other investors Kimbal Musk, Cargill, Khalifa Al Suwaidi of Abu Dhabi Growth Fund, 

SEC filings

Form D Exempt Offering of Securities

https://www.sec.gov/Archives/edgar/data/1668780/000156761922009601/xslFormDX01/primary_doc.xml


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.


Mary Cummins, Mary K. Cummins, Mary Katherine Cummins, Mary, Cummins, #marycummins #animaladvocates #losangeles #california #wildlife #wildliferehabilitation #wildliferehabilitator #realestate #realestateappraiser #realestateappraisal #lawsuit real estate, appraiser, appraisal, instructor, teacher, Los Angeles, Santa Monica, Beverly Hills, Pasadena, Brentwood, Bel Air, California, licensed, permitted, certified, single family, condo, condominium, pud, hud, fannie mae, freddie mac, fha, uspap, certified, residential, certified resident, apartment building, multi-family, commercial, industrial, expert witness, civil, criminal, orea, dre, brea insurance, bonded, experienced, bilingual, spanish, english, form, 1004, 2055, 1073, land, raw, acreage, vacant, insurance, cost, income approach, market analysis, comparative, theory, appraisal theory, cost approach, sales, matched pairs, plot, plat, map, diagram, photo, photographs, photography, rear, front, street, subject, comparable, sold, listed, active, pending, expired, cancelled, listing, mls, multiple listing service, claw, themls, historical appraisal, facebook, linkedin DISCLAIMER: https://mary--cummins.blogspot.com/p/disclaimer-privacy-policy-for-blogs-by.html

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)

Monday, November 9, 2020

Mary Cummins resume, curriculum vitae, Wikipedia, real estate appraiser, los angeles, California

 

Mary Cummins

 
Mary Cummins
Mary Cummins was born in 1965 in Long Beach, California. Cummins is an author, speaker, actor, real estate expert, freedom of speech advocate, animal rights activist and a licensed wildlife rehabilitator.

Contents

   [

Early life and education

Cummins was born in Long Beach, California. The family soon after moved to Beverly Hills, California. She was raised by her grandmother Mary R. Cummins born Maria Rivera. Her grandmother was born in the Federal District of Mexico in 1899. Her grandfather is Robert Cummins who died in WWII. She has an older sister who is an actress named Juliette Cummins who is most well known for acting in horror movies.
She attended St. Victor's Catholic School then Beverly Hills Catholic School now called Good Shepherd Catholic School in Beverly Hills. She then attended El Rodeo public school in Beverly Hills for 7th and 8th grades and Beverly Hills High School. She later attended the University of Southern California on scholarship as a biology/psychology major. She was on the Dean's list in high school and college. Cummins also volunteered with her church, school, local hospital, YMCA, projects for the elderly and disabled.
Growing up she was on the Beverly Hills YMCA swim team with swimmer Dara Torres, Culver City Roadrunners Swim Team with swimmer Tiffany Cohen, Beverly Hills High School swim and water polo teams and University of Southern California swim team. She was a top ten AAU swimmer in the United States and completed the first precursor to the modern day triathlon. Cummins worked out with the Soviet Union swim coach Boris Zenov and Gold and Silver medalists Marina Yarchenia, Marina Koshevaya at the UCLA pool in 1976 as featured in the LA Times.

Real Estate

Cummins received her California real estate sales license in 1984. She became a full broker in 1986. She received her California real estate appraiser licensein 1994 when they were first mandatory. Cummins has been a real estate expert in both civil and criminal trial cases in California. She was one of the appraisers of the Ambassador Hotel in the eminent domain case in the 1990's. She's also done appraisals for eminent domain cases for the Los Angeles Metro and pro bono work for local non-profits. Besides teaching real estate appraisal theory classes she's also written many articles on all aspects of real estate appraisal and sales. To date she has done over 25,000 real estate appraisals for AMC's, brokers, lawyers, accountants, government agencies and private individuals. She has worked for Merrill Lynch, Westside Properties, the Apartment Owners Association (AOA) and Forensis Group.

Freedom of Speech

Cummins is an advocate on freedom of speech issues. In the past 20 years she has written reports on securities fraud and animal cruelty cases. In two of these cases she was sued for defamation in retaliation for posting her reports on the Internet and filing complaints with the Securities and Exchange Commission (SEC)and authorities.
"Fredric Rittereiser, Ashton Technology vs Mary Cummins", 2000. In this case the CEO of Ashton Technology Fredric Rittereiser and the company sued Cummins for defamation and tortious interference. Cummins represented herself pro se and won this case in November 2001.
"Kathy Knight-McConnell vs Mary Cummins", July 2003. In this case company paid stock promoter Kathy Knight-McConnell sued Cummins for defamation, trademark infringement and securities claims. Cummins represented herself pro se and won in 2004. This case set case law precedence as this was the beginning of internet law.

Bat World v Mary Cummins. In this case Cummins reported Amanda Lollar and Bat World Sanctuary to authorities for animal cruelty, violations of the Animal Welfare Act and other violations. As a result they lost their USDA permit. In retaliation Cummins was sued for defamation and breach of contract. Lollar also began stalking, cyberstalking and defaming Cummins. Cummins received a restraining order against Lollar. All but one claim was reversed on appeal. The Appeals Court confirmed that Lollar forged her exhibits and submitted perjured testimony which are crimes. Lollar is currently under investigation for prosecution. The case is ongoing.

Animal Activism

Cummins has always been a strong proponent for animal rights. She has rescued animals since she was a small child rescuing a fawn, bunny and squirrels at the age of six. Cummins started her own non-profit Animal Advocates in 2002. She is licensed with the California Department of Fish & Game and the USDA to rescue and rehabilitate wildlife including coyotesbobcatsfoxesraccoonsskunksopossumssquirrels, all the way down to bats. Mary Cummins speaks to local community groups and students about respecting wildlife and humane wildlife control. Mary Cummins is also a Wildlife Control Operator. Mary Cummins has written manuals on small mammal rehabilitation besides numerous articles. Cummins is also on the Humane Society of the United States' animal rescue team. Cummins helped with a cock fighting raid in California in 2010. Cummins also assisted in a hoarder intervention in Lucerne Valley which was featured on Animal Planets show "Confessions, Animal Hoarding" in 2012.
Cummins also lobbies and speaks out for animal rights. She worked with other animal rights groups to help pass the West Hollywood fur ban. She also worked with Dr. Jennifer Conrad of the Paw Project to help ban the declawing of domestic cats, large cats and wild animals. In 2004 she was able to change the wildlife policy for the City of Los Angeles. She also made an amendment to zoning in Los Angeles County to allow wildlife rehabilitation. She's also lobbied for many new bills such as SB 1229. Cummins went through the Rio Hondo Police Academy and the Humane Academy to become a Humane Officer. Cummins also worked for American Humane and the Found Animals Foundation. She was also outspoken about the tainted and rancid puppy and kitten formulas made by Petag.

Personal life

Cummins currently lives in Bel Air, California which is also home to her wildlife sanctuary and wildlife rehabilitation facility. Her hobbies are motorcycling, skiing, scuba diving, hiking, cooking and reading. She is a "green" Vegan doing what she can to help the environment, people and animals.

Awards and Honors

External Links

Publications and Articles

Animals

Selected Media

Animals
  • 2003 Animal Planet "Beverly Hills Vet, Squirrel Rehabilitation"
  • 2003 California Department of Fish & Game (now Fish & Wildlife) CADFG "Scrawl of the Wild"
  • 2003 Los Angeles Times, LA Times "Rodent poisoning project angers animal activists"
  • 2004 Cable television show "Wildlife Rescue," six episodes, Doggy TV
  • 2004 Gardena Valley News "Helping furry friends survive urban jungle"
  • 2004 KROQ radio interview with Scott Mason
  • 2005 Discovery Channel "The Undetectables, Squirrel Care"
  • 2005 LA Weekly "A Billionaire's Bark" about Gary Michelson
  • 2005 KROQ radio interview with Scott Mason
  • 2005 Thousand Oaks Acorn "Public outcry over slain tiger loud but not universal"
  • 2005 LA Times "Urban remedies: Dealing with new arrivals"
  • 2005 Thousand Oaks Acorn "Public outcry over slain tiger loud but not universal"
  • 2005 LA City Beat "Welcome to the jungle"
  • 2006 Daily News "Stuckey stays on as $50,000 City consultant"
  • 2006 Book "Squirrels: The Animal Answer Guide"
  • 2006 Daily News "County relaxes restrictions on llamas, animal rehab"
  • 2006 Daily News "Council hears Stuckey critics"
  • 2006 LA Times "Fired City Official's appeal in limbo"
  • 2007 LA Times "Opossums: your garden's evening clean-up crew"
  • 2009 LA Times "Your morning adorable, baby skunks and the handstand dance"
  • 2010 Martha Stewart "A gopher named Charlie"
  • 2010 Martha Stewart "A second chance for Charlie"
  • 2010 LA Times "Your morning adorable: rescued rabbit enjoys a meal"
  • 2010 LA Times "Your morning adorable: rub a dub dub, raccoons in a tub"
  • 2010 Top YouTube pets video channel in March
  • 2011 Ventura County Star "City says bats remain at Moorpark home"
  • 2011 CBS Los Angeles "Moorpark Says Homeowners Not Doing Enough To Fight Bats"
  • 2011 NBC "WeHo one step closer to fur ban"
  • 2012 Santa Monica Patch "Wild Animal in Town? Call on Us, Vet Says"
  • 2012 Santa Monica Daily Press "Groups want policy change after mountain lion death"
  • 2012 ABC "In Defense of Animals IDA Rally held in Santa Monica in protest of fatal shooting of mountain lion"
  • 2012 NBC "Animal-Rights Group Protests Santa Monica Mountain Lion Shooting"
Real Estate
  • 1985 LA Times "People in Westside Real Estate" Cummins joins Merrill Lynch
  • 1990 LA Times "People in Westside Real Estate" Cummins joins Westside Properties
  • 2002 LA Times "Suggestions for the bidder whose offers are rejected"
  • 2007 LA Times "Historical homes, not for everyone"
  • 2009 LA Weekly "Jimmy Nasralla finds a lawyer"
  • 2009 LA Weekly "Is LA City Attorney Trutanich screwing over the little guy?"
  • 2009 LA Weekly "Jimmy on the edge of town"
Mary Cummins, 645 W 9th St #110-140, Los Angeles, California, USA

Mary Cummins of Animal Advocates is a wildlife rehabilitator licensed by the California Department of Fish and Game and the USDA. Mary Cummins is also a licensed real estate appraiser in Los Angeles, California.

The Disappeared Los Desaparecidos Art Installation in Los Angeles, California by Mary Cummins

THE DISAPPEARED. Graphic artist Pauline Mateos created the art installation with the names and faces of people who have been detained or de...