Heres a consumer alert and be the judge if these two firms deserve your business. The antirust case: Fleury V. Cartier 3:05-cv-04525-EMC, a class of watchmakers and a class of consumers. Mr. Simon and Mr. Spellberg were supposed to defend and represent the interest of the plaintiffs and classes.
The firms: Pearson, Simon, Soter, Warshaw & Penny LLP. And Meyers, Nave.
Plaintiffs Mediation Statement, page 15, lines 24-25 and lines 17-18, Mr. Simon and Mr. Spellberg correctly stated Professor Knoll study of the case: The total damages will be in the tens of millions of dollars.
May 17 after mediation I was asked to sign the Term Sheet, I was reluctant to sign it on account that the asserted recovery of $21.5 million was not in writing, but the attorneys fees settled were in writing on the Term Sheet. Cartier agreed not to contest Mr. Simon and Mr. Spellberg fees up to $2 million. Mediator Infante, Mr. Simon and Mr. Spellberg asserted that the settlement was fair and must be accepted, that if I refuse to sign we would loose that recovery. I accepted to sign conditionally to the veracity of the $21.5 million recovery. The next day I sent my attorney Simon/Spellberg an email letter requesting detail of the claimed $21.5 million recovery. Mr. Simon and Mr. Spellberg ignored my request and the daily others by phone for an explanation of that asserted $21.5 million.
Approximately three weeks later I received a phone call from Mr. Ryser a watchmakers class member, asking me why I was removed from the case. Mr. Simon and Mr. Spellberg visited his office and attempted to have him signed a final settlement under the pretence that Andre was no longer in the case and will confirm it in writing. I advice Mr. Ryser to wait for that written confirmation and assured him that I was certainly not removed from my case and waiting from Mr. Simon and Mr. Spellberg to answer the request of clarification of the asserted recovery of $21.5 million supposedly settled in mediation. Mr. Simon and Mr. Spellberg email sent to Mr. Ryser the same evening dated June 11.2007 states:
Hi Urs. I understand your position about assuring that Andre is no longer involved before you would want to get involved. Looking forward to discussing that tomorrow. We should not have a problem providing you with that type of letter.
I called Mr. Simon and Mr. Spellberg for an explanation of their conduct which was answer by something like: it is just a draft discussion!!! I received few days later a letter from Mr. Simon dated June 12.2007: where no explanation was given. That was the first time I heard from them since mediation day.
The asserted settlement of $21.5 million never existed! As of the end of August Mr. Simon and Mr. Spellberg were no longer representing me. Mr. Simon and Mr. Spellberg arranged to replace me, the plaintiff, with AWCI, AKA American Watchmakers Clockmakers Institute President Warner, past President Cleves and Mr. Mertaban that was promise $5,000 for his participation. AWCI received tens of thousand dollars yearly from the defendant Cartiers Group and were more than willing to side with defendant Cartier. The class interest which included a lot of AWCI members were ignored as irrefutably proven by the case results.
Now Mr. Warner, Mr. Cleves, AWCI President and past President, Mr. Mertaban with their attorneys Mr. Simon and Mr. Spellberg filed a new asserted settled recovery: Doc. 231:04.02.2008:
B. 2. As a Percentage of the Settlement Value, the Requested attorneys Fees are Fair, Adequate, and Reasonable. Accurately calculable and conservatively total $9,791, 800. & If 400 watchmakers become Newly Qualified Watchmakers and maximize the parts discount, $1.1 million in value would be conferred by the Settlement The Settling Parties in this case have reached a fair, reasonable, and adequate Settlement that provides nearly $10 million in readily ascertainable benefit to the Settlement Class.
Note: My complaints to Judge Chen about the misconducts of Mr. Simon and Mr. Spellberg were all placed under seal, approximately fifteen of them! My complaints to the California Bar Association denied, by refusing to act, the Bar is accepting and supporting the violations of their own Rules and Regulations, not forgetting the California Civil laws violations.
The facts however cant be denied or change, the asserted first recovery of $21.5 million never existed and the second asserted settlement recovery of nearly ten million dollars never existed either. Doc. 361:04.01. Judge Chen stated the following and correct settlement report: December 18, only 1,761 were redeemed, a total recovery of $176,100 in coupons against a purchase at any Cartier Boutique for the consumers class and a zero recovery either in kind or monetary for the watchmakers class, while Mr. Simon and Mr. Spellberg asserted millions in recovery at the same period. Mr. Simon and Mr. Spellberg fees awarded approximately $1.6 million!!!
Lastly, a motion I sent to Judge Chen as amicus to revise and or annulled the final settlement which brought a zero recovery in kind or monetary to the watchmakers class, was opposed immediately by Mr. Simon and Mr. Spellberg, both were supposed to defend the class interest they represented!!!
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