bookz

Sep.05.

2011

01:25 PM

PAGE.

1/ 26

CRAIG E. SIMMONS

FOR SETTLEMENT PUPOSES ONLY - PRIVILEGED AND CONFIDENTIAL ·NOT DISCOVERABLE UNDER Evidence Code Sections 1152 and 1154 AS WELL AS Evidence Code section 352 -DO NOT DISSEMINATE

August 23, 2011

Mr. Barry Gordon Trustee, SAG-PPHP ICM/LA 10250 Constellation Ave Los Angeles, CA 90067 RE: Wrongful Complaint Breach of Fiduciary Duty / Duty of Loyalty Termination

Dear Mr. Gordon:
I am writing to each of you, individually, as a Trustee of the SAG-PPHP Board, in your role as to request an independent: investigation of the circumstances surrounding

Plan Fiduciaries, my wrongful terminatiun from the Plans as Executive Director of HR, IT and Risk Management and my allegations of w.~qng~JQJ.ng.,hy!;:.x:ec:pt,ives ftheP..1.~!!ls. 0
This is the ::;,~C.(ltl,cl.,tjl)_W. raising these concerns to the Board of Trustee I am

level.' lt appears

that my complaints of wrongdoing have been widely discussed by some Board members and Plan attorneys. I also attempted to appear at your March 24 & 25, 2011 Board Meeting, but I was prohibited from entering the building premises by Bruce Dow. Today, I appeal to you as Fiduciaries of the Pension and Health Plans, as well as to your' responsibilities for oversight of these issues and request that you open an h~.de.pend~nt and credible lnvesttgatlon into this matter. Ironically, if the Plans had adopted an appropriate "whtstleblower' hotline or anonymous reporting protocol (which I proposed with Ms. Alice Cardenas nearly two years ago) I would have sought that mechanism, hut Mr. Bruce Dow disrn issed the idea and wo uld not implement the process - despite it being well documented as a "best practice" for uncovering wrongdoing in company structures.

raised about substantial wrongdoing, self-dealing and improper activity by Mr. Bruce Dow, CEO, was made on March 24J 2011 directly to Trustee Duncan Crabtree-l reland. (See confirming e-rnails, sent the next morning, attached as Exhibit #1.) After my "whistle blowing complaint" to the Trustee/Board, Dow terminated my employment one .d<.l,yJq.t~.r on March 25 :lOll - which I received on March 28, 2011. Attorney [Job Bush acknowledged my Board complaint (s.?.fFoocnote #25 below) and both Attorney Marc Allaria and Dow also acknowledged my board complaint in their settlement offer, where they "demandretraction ojwrongdoing allegations made to Crahtree-lreland:" (See Exhibit #2 - Settlement Offer - demand for retraction, #5.)
1 The

first complaint I

J

1

Sep.05.2011

01:25 PM

PAGE.

2/ 26

r have

Over the past couple of years, I have met many of you - most notably through presentations made to the Trustees in my role as the lead management investigator regarding the NadeL_I\~rinli embezzlel11~.!1t~d!Q.me (with an estimated loss of$5-$7.5 million to the Plans).
I have always been dear with the Trustees

(specifically to Trustees French and CrabtreeIreland) that the size and scope of the embezzlement scheme and related losses are substantial - and all occurred while Karimi was reporting directly to Dow - whu had ~xclusive oversight and management of Karimi's deals, while Karimi spent nearly $50 million of Plan funds on IT with little accountability by Dow and resulting in a far lower than anticipated ROt I am extremely proud of my work on behalf of the Plans and the Trustees in uncovering the scheme to defraud the Plans of millions of dollarst, as well as my coord ination and action on the inside investigation and Fiduciary Bond $2 million insurance claim. 3 This is but one of several of my significant accomplishments during my employment at SAG-PPHP - much of which is well documented. ] do not write this letter out of anger, and I am not (as Mr. Dow likes to characterize tsaoet. management leaders) "disgruntled." In fact [ am a Harry S. Truman Scholar and long-time professional (with earned Bachelor (USC), Masters (Georgetown) and Law (USF) degrees), as well as an honorable (gay) family man with twin tt-year-old boys and a husband of nearly 21 years. I am a licensed California attorney, (as well as a member of the State bars of Massachusetts and Colorado] with no record of discipline or complaints, for nearly 20 years - since my Bar admlttancc.s I have also held high-level confidential positions with the California Supreme Court and the United States Senate. I can assure you that I came into work each day at SAG-PPHP to do my very best and make the best professional judgments I could on behalf of staff, the participants and the Trustees. Independent employee and management focus group reports will support my integrity, passion for fairness awl my ability as a leader. 5 I have a 25,year history of business and legal success, and I have numerous former employers (as well as a signj_ficant nU.D1b~rof current SAG·PPHP employees) who can testify to the positive impact I have made at SAG· PPHP [including development and implementation of a new employee compensation system,

Attached) as Exhibit #3 is a copy of the SIMPLEX contract (containing my original handwritten notes included thereon) where the Corporate Controller and I fir.~t_9i.g:.Qvered. Karimi the embezzlement scheme of activities and reported it to CFO Cardenas and CEODow.
2 ::l

Noel Cohen and Rebecca Torrey) of the Manatt firm can testify as to my outstandi ng work and coordination with their firm and CHUl3S/Federal Insurance of human resource and organizational activities on behalf of the Plans. 4 Mr. Dow threatened me, on March 9, 2011, that if I made any of these allegations public, he would file a complaint against my State Bar license - although I have never acted in the capacity of an attorney for the Plans. 5 The Employers Group conducted confidential focus group interviews and produced culture audits in 2009-10. The Board can review these records.
2

Sep.05.2011

01:25 PM

PAGE.

3/ 26

programs, implementation

updated ADP payroll system, SAG-PPHP Leadership Academy, management training a/new annual evaluation system, new outside legal counsel reviews and usage, among other measureable and documented successes) and various other profit and non-profit organizations throughout California. I believe Bruce Dow wrongfullytermtnated me due to my refusal to participate in misleading governmental agencies and, misleading you, the SAG-PPHP Board of Trustees, concerning information that should have heen reported to you, as well as to the Department of Labor. These violations include: 1. Violating ERISA laws. 2. Improper self-dealing, 3. 4. 5. 6. 7. 8. 9. 10. Conflict of interest: transactions by Dow and his family, Improper transactions benefitting insiders and related parties, Breach uf Fiduciary Duty, Breach of ERISA duty of prudence, Failure to report criminal activity, Harassment, Religious bias, Sexual orientation bias, Misuse of Plan assets. Insider trading, Racketeering, Intentional/Negligent Infliction of Emotional Distress, Breach of Covenant of Fair Dealing, Blackmail, Conversion, Among other significant and improper issues, all of which will be included in my soo n-to- h e filed co IIIplain ts. in greater detail.

11.
12.

13. 14.
15.

16.
17. 18.

Below, I will explain some of these allegations

and improper actions taken by my executive colleagues and by my superior Bruce Dow- while I was employed by SAGPPHP. To be dear: I raised objections with my superiors during my tenure. Today, I appeal to each of you as Plan Fiduciaries and to provide you with the facts about the egregious actions taken against me, as well as the irreparable harm Dow's actions have caused the Trustees. the Participants and the Plans.

I write to you today to set the r ecurd straight on disturbing

Let me re-introduce myself to you. I was retained as an HR Consultant in July 2008 while the Plans Executive's worked with Korn-Ferry to hire a permanent replacement for long-time HR Executive, Lesleigh Egan, Approximately 45 days into my consulting assignment, [was approached by CFO Alice Cardenas. who asked me to consider taking a permanent position at the Plans as the HR Executive. Mr. Dow approved the decision, and I was hired as a plan employee on October 1,2008, at the end of my consulting assignment. Since becoming Executive Director of HR, I have transtrioned at least 50-60 employees out of the organization Of to new, more appropriate internal roles, Without one claim... lawsuit or ?r.ij:in_g_agains1j:hf:).plans or myself. I have also virtually eliminated the use of outside labor counsel and have Significantly reduced legal hillings over that time. I have always had

3

Sep.OS.2011

01:26 PM

PAGE.

4/ 26

extremely positive annual reviews, including the most recent given to me by Mr. Dow on January 3,2011 (attached as Exhibit #4) and a "merit pay" increase on January 4, 2011 " approximately Z... w.e.t.ksprJor to being abruptly dismissed by Dow. 6 I ask you to review this document indetail, as I am characterized as an "Excellent" Executive. I always took my role, working for a Federal Trust Fund for SAG participants, as a duty of responsibility and an honor. So, what happened in the seven weeks following Illy excellent annual performance review and "merit" pay increase causing me to "fall out offavor" with my superior. Bruce Dow? Dow's business practices were becoming an ongoing source of simmering conflict, and the bottom line is: I would not participate in the wrongdoing or improper and illegal behavior that I was being expected of me by my superior, Bruce Dow, as a demonstration of my "loyalty" to him.

In addition, my two colleagues, Chris Dowdell Gild Michael Estrada", who were both under
investigation by HR for harassment complaints made by female management leaders (Shink and Quintas), as well as for using highly profane language in arguments with me and others on several occasions in the workplace." Because I would not "look the other way" to this misconduct, I faced retaliation, retribution, and slander by Dow, Dowdell and Estrada. 9 In an ironic twist of fate, Dow informed me directly [one week prior to summarily dismissing me off the premises) "I was safe as long as he (Dow) was the CEO,but that if Estrada or Dowdell became CEO,he did not know what would happen tu me," Obviously, Estrada and Dowdell put me in jeopardy, and shared their anger toward my many successes with Dow. Over the past three years, five (5) SAG-PPHP Senior Executives have left the Plans employment and the majority of those (3) (Cardenas, Karimi and Simmons) were summarily dismissed Q.!J.t.bl3.~pot y Dow. Does this action signal bad hiring or bad management? b Should you, as a Plan Trustee, inquire further as to the actual circumstances behind these

------_ _-6 For further information, please review the annual HR Report -outlining employee-related success in worker's compensation claims, employee turnover rates, litigation costs, etc. - all occurring during my tenure. 7 Hired in May 2008 (before I joined HR,) Mr. Estrada reported to me, in a social setting, that he had a pollee record for "resisting arrest," but that he was not "subject to a full background check" because he was "brought into SAG·PPIlP personally by Dow," 8 Dowdell has a long, well-documented history of "anger management" issues, including multiple company paid help seminars, (one of which, he cited as a "joke" and as a "[ree week in New York paid/or by the Pions") as well as a history of being counseled for inappropriate sexual relationships with subordinates. Dowdell should have been dismissed as a management employee years ago ~ as he is a huge potential llability to the Plans - a fact f pointed out to Dow. 9 Dowdell (who only possesses a high school education) currently earns $240,OOO/year and is in a ong9!!lKSeXual relation~bip with Q senior SAG-PPIIPDirector, Nora Sham (also a high school graduate), who is earning $140,000 -together paid nearly $400,000 per year - a figure J openly questioned as "inappropriate." Further, Estrada had absolutely no m_anagement nor sup~rvisory Wf.ri~_!lc;~rior to being hired by Dow as "Director of Investments;" rather, he was a 40ICk) sales .. p person for Merrill Lynch and a close religious and conservative family friend of Dow. Prior to that, Estrada was employed as a UPSdelivery person. The Dow's and Estrada's socialize together through Four Square-church functions and conservative causes.
4

Sep.05.2011

01:26 PM

PAGE.

5/ 26

departures? Or just accept the CEO's brief explanation of the Executive Departures? In Cardenas's case, Alice had 24 years of service to you and the Plans -and was given one (1) hour by Dow to pack her things and leave, In my case, I was invited to a "fake budget" meeting, where false accusations were leveled against me, as I was haras~~q.~mLmalign.(ld by Q.Q.~... and immediately escorted off the premises. Does this uphold the fair dealing for employees of the Trusts? I would say not, but that's for you to decide, or potentially a Federal judge or jury. Due to the measurable and definable success I enjoyed within the SAG-PPHP organization, I was promoted, on January 14, 20.11 to be Executive Director - HR, IT and Risk Management As stated above, on January 1·,2011. I was given (hy Dow) a "merit" pay increase to $220,000. (Sg~ Exhibit #5.) As a result of this expanded role, r gained additional access to more information, departmental histories and Iwas able to ask more probing questions about some questionable uperational situations I uncovered. For example, in the imaging Department (which reported to me), I was informed there had been a significant illegal drug operation involving Mr. Dow's daughter. Catalina, and Manager Dawn Royal's son, jordan.w In reviewing Imaging's role in claims processing, I was informed by Director Donna Anderson II (and then also confirmed by Manager Melissa Deeton) that Mr. Dow had coerced the Plans to pay the claims submitted for his wife, Sharman Dow's, breast enh<"l.Iv;:~m.fnts despite no medical necessity or finding of cancer.t- I raised COncerns about these issues. It was also becoming increasingly apparent that Dow's conservative religious views were isolating me and my family frum activities that Dow was hosting or participating in with the other similarly situated Executives. For example, tickets to the SAG awards [Estrada, Dowdell, Sham, etc.), holiday parttes (Estrada), golftournaments (Estrada, Bernard, Dowdell, Sham, etc.), and Hawaii trips (Dowdell, Sham. Estrada, 8ernard, Donnellan, etc.) were all being enjoyed by my §trgjght colleagues (wifh their spouses and families included and expense covered in events) and being paid by the Pension and Health Plans. No in..vitations were forthcoming for my family or me. Dow was even Including FOlll' Square church officials and leaders in company events (SAG Awards, etc.] and using company resources and property (Conference center, staff time, etc.) for Four Square church leaders. Further, Dow was requesting (demanding) signif\J;:'<:ll1t nDall!:;!iU::~m.t[ib\JliglJ~ ;::1.119.. donations (made hy SAG-PPHP vendors such as Anthem Blue Cross, Delta Dental, VSP and Value Options) to the pour Square Church's King's College (of which Sharman Dow is on the Executive Board) and church-golf tournaments. My straight colleagues were allowed to use workdays to attend golf and other church-sponsored functions, After awhile, it was noticeable to me and others (Ochab. Cardenas, etc.] that there was a conservative religious bias at play, directed at me - the only "openly gay" Executive at

10

According to HR management, instead of appropriately reporting this criminal activity to law enforcement authorities, Dow simply moved the wrongdoers to another department. 11 Ms. Anderson repeatedly violated HlPAA privacy rules by sharing information about claims submitted and treatment plans by SAG members, including actors such as Parah Fawcett! and Michael Jackson, among others. 12 Payments for this claim can be reviewed independently through Anthem Blue Cross,
5

Sep.OS.2011

01:26 PM

PAGE.

6/ 26

the Plans.t! Trustee Crabtree-Ireland appeared to understand and be sympathetic situation, but stated, " He wanted fa gee ius ful! pension credits." Under Dow's leadership,

about this

his ongoing covert activities and insidious exclusion of my spouse religious motivations. These actions certainly had a detrimental effect on my career and should not be tolerated by the SAG-PPHP Board of Trustees.

and me at company events are certainly evidence of his conservative

The questton I pose to you today Is: Are you exerclslng

the proper level of Ftductary

oversight over the operational

management

ofthe Plans? When I posed this question

to Trustee Crabtree-Ireland, he reported to me "that no one on the Board knows anything tnat qoes on at the Plans, except for what Dow reports to them." This can hardly be the proper level of Fiduciary oversight, and, in fact, would be considered a breach of the fiduciary duty required by ERISA. It became increasingly dear to me - Dow's family, friends and church associates were (and are) "feeding ut the SAG-PPHP financial trough." Some of these individuals (Estrada, Bernard, Morris, Gilhertl1, etc.) have been hired to work at SAG·PPHP at high compensation levels, completely out uf proportion to the work they allegedly perform or the education or experience background they possess. In addition, some of them had moving expenses paid to relocate to the Plan office (Morris, etc.) so they could be loyal to Dow. Iopenly questioned Dow about these roles. - in fact, I specifically discussed laying off Morris (paid nearly $1 oo.oo/yeor for Administrative Services) and other high-paid staff and consolidating duties - due to the impending "AFTRA merger study" approximately 2 weeks before I was "suspended." Dow appears to invest in individuals with minor (or no) educational credentials, limited outside experience and a personal connection to him So that they have no other options than to agree with Dow's cJe(j.~(Q.D~ because they have limited other employment opportunities at the high compensation levels they enjoy at SAG-PPHP while remaining completely "loyal" to him. Further, I was asked by Dow to "assist" with the Department of Labor (DOL) investigation (in February 2011) of matters involving Sharman Dow's US] insurance company selfdealing, as well as concerns over Mr. Dow's brother-in-law, Michael Bugbee, and his alleged long-time "management "role at the company. As I questioned Dow directly about these issues, I was told that I was !lot to talk to .th.. t Board or to t.hG o..9..1_.~ QlJ.tJh~$gj$~\;Ws. When I asked about Mr. Bugbee's employment .b . status at the Plans (where he has been receiving salary, management benefits, and is now eligible for a lifetime pension - although he does not work at the Plans) Dow told me that Bugbee was "a statutory employee." I told Dow that there was no Sl!£lU~J.';l,~~ificationnder u California labor law, and Dow told me that "Amanda Bernardt- would handle all DOL inquiries, including OR inquiries, about Bugbee." I also questioned the fact that Mr. Bugbee's wife was also "dnuble-billing'' the Plans, as an independent contractor for the

I raised the issues of religious blas and anti-gay animus of Mr. Dow directly to Mr. Crabtree-Ireland in my March 24, 2011 conversation. Other attorneys in attendance overheard the conversation. 11- Mary Beth Gilbert is a pastor's wife and religious frtend or Dow's. 15 As you may know, Ms. Bernard is the fg.rill.~..rcoU,ggg_r..Q.Q.illtllate. of Dow's daughter, Amy.
13

6

Sep.OS.2011

01:27 PM

PAGE.

7/

26

~ame allEill,!3.d. workpttng ..P9I::!Qrmed l2y_.8...!!g_bee,16 Bugbee has been paid more than $700,000 (not including benefits, deferred compensation and pension credits) to produce the 3x per year newsletter, which Is primarily written by SAG-PPHP staff, Interestingly. at a time, when SAGparticipants are experiencing benefit cuts, higher deductlbles and lower accrual rates, Dow and his family members are enjoying lifetime pensions. As for USI anti Sharman Dow. I was informed repeatedly that Mrs. Dow w~.i the PI;;!.!:ls·. ilJ..suran.;;.~_~.£count e~~G.utive (a quid pro quo arrangement to financially benefit the Dows) and. as such, she was provided with substautlal nionetary compensation through . commissions and fees from SAG-PPHPY Recently, Dow has been moving the insurance business commissions to Sharman Dow's associate. Ryan Wonderlich.ie The USI/Dow transactions (involving payments to a spouse) arc considered selt:d?_q_!ingunder the ERISA statutes. Further. in reviewing HR policy usage. I was informed that Mr. Dow had used plan funds to pay for his home relocations, from Toluca Lake to Valencia,for example, and that the Ventura Office was used as a "reason" why Dow's thousands of dollars of moving expenses could be paid for by the Plans because "he expected to work from that office." Needless to say, Dow did no_twork from Ventura. ln fact. during the entire 3+ years I worked as an Executive, Dow only visited the Ventura office 3-4- times. 19 This is but. one example of the expense account usage by Dow and his family at the Plans. r request this Board to open a fu_lJjIldependent rE:)_y-!,~.:W Dow's expense reimbursements over, at least the past 4 years. ( of am certain that the Trustees will have an fie·opening ed.\.!.ptiQJI on what expenses the Plans have paid on behalf of Duw. Using Trust funds for personal gain can be considered racketeering. which is a "pattern of illegal activity carried out as part of an enterprise that is controlled by those who are engaged in the illegal activity - including embezziementfrom a pension trust fund." I also became aware that Dow has used Plan employees, over a lengthy period of time on a regular basis (Mcintyre, Tran, Bayraymyan, Lcung.jor example) at his home to perform personal duties and chores. In addition, several female employees (Chela Chebino20, Donna Kengla», Cherie Payne-s, etc.) reported that Dow had approached them in a sexually inappropriate manner. Dow's use of SAG-PPHP funds as his personal"piggy bank" for his family and religious associates as well as his questionable personal behavior was another Accounts payable records can confirm the additional Bugbee family billings. 17 As Trustees, why not ask a direct question: How much money has Sharman Dow received

1(,

through SAG·PPHPinsurance commissioos with USIover the past years?
18

USIpayment records can be reviewed through Accounts Receivable, as well as Trustee questioning of USIExecutives. 19 Card reader records can be reviewed to ascertain Dow's "entry" into the Ventura office facility. 20 Ms. Chebino reported feeling harassed after receiving an e-mail from Dow telling her she was very pretty - written in French. After her complaint, Dow informed me to watch out for Chebino and terminate her if she became "more of a troublemaker." 21 Ms. Kengla reported that she could not be separated from the Plans because she "had had a sexual relationship" with Dow. 22 Ms. Payne reported a disturbing incident wherein Dow followed her home, while intoxicated, and seemingly demanded sexual favors from her.
7

Sep.OS.2011

01:27 PM

PAGE.

8/ 26

area of conflict between us. Further, I also was exposed to Dow's discriminatory "approvals" of staff educational reimbursement requests, especially after he denied a request, and Dow stated about the employee recipient (Avnaim), "why would r give him any reimbursements, he has no future here with his union organizer attitude and his 'power to the people' rhetoric"?" This was another source of conflict between Dow and me. Further, Dow's direction on how he and Estrada were paid - additional salary and funds from the IACF to boost pension earnings - as well as Dow's direction to HR that he (pow) '!l.~l.J.._g~!·._~\;_ly.~~lhe-uu[l!1!.j!.~'y'U_l_I;_r~_!:!se_,'i_.(~ In addtnon to hIS contractual .. , .2% In 2010) g increases in March were disturbing, as well as his direction to IlR Manager Deeton to process the pay increase transactions without my knowledge or approval.»

As you are aware, DoW'S Fiduciary Duty and Duty of Loyalty require that he act sol~ly in the best interest of the Trust Funds and the participants, free of any self-dealing, conflicts of interest, or other abuse of the principal for personal_fl.qvantage. As a result, Dow is specifically barred from using the Plans' property or assets for his own personal pursuits, or taking the Plans' opportunities for him and his family. However, in many instances, Dow used his position to gain significant financial advantage (USl, four Square Church, Bugbee, Mrs- Bugbee, Expense accounts, etc.) for himself and his family members, This is a direct violation of ERISA. In addition, Dow has violated his (Juty of loyalty to the Plans and to the participants.
In maybe his final acts of retaliation against me, Dow's termination of me occurred while I have earned 4 pension credits - 1 crEl.c.tit~hQrh a collectable pension. Further, Dow also of cancelled me and my family's Plan health insurance after 60 days - despite the fact that [ had over $32,000 in additional calculable Plan earnings (paid in April 20.11) from the 457 Executive Deferred Compensation Plan.s+ Dow is also disputing Illy claim filing for State unemployment benefits, citing" non performance o] assigned duties." [ will continue to address these issues thruugh appropriate legal & appeal channels. I have always been professional and reasonable in seeking a mutually agreeable solution with the SAG-PPHP to this situation. Unfortunately, Mr. Dow and his attorney, Marc Allarla (who, I wou ld assert. is rWl·fsenJingJ)Y_W'i..lnterests and nut those of the Plans, nor the Board - which may be in conflict], have attempted to settle this matter without Trustee involvement or the allowing of an independent review of ongoing operational actions at the Plans, But, I also understand that some of the Board has been involved, though legal counsel. in tlus matter in attempting to seek additional Inforrnation.s'

23 ADP Payroll records/history ledgers can be reviewed to show Dow's pay increases and pay raise pattern - Qutside of his contractual March increases. 24 The status of my health insurance termination and formalities of the 457 Plan, which is controlled and administered by Dow and Estrada, is the subject of a pending appeal filed with the Benefits Appeal Committee of the Board. 25

In mid-April 2011, Attorney Bob Bush contacted one of my counsel (Attorney Nathan Goldberg, of Allred, Maroko & Goldberg) informing him that he (Blish) was obtaining information on behalf of the Board (of Trustees) regarding the ?Jlg!!g_tiQ!1~_.Q_fjmP'X9PgL[QJ1.d.lJ.~tby.Mr. Dow. (S~~e"mail to

"Mr. Dow and Mr. Allaria 4kJ_!!!!.!._knt!_"Y...!2JJlis_;gnlc!ft since he (Bush) was "representing the Trustees !

me from Attorney Goldberg attached as Exhibit #6.) Further) Mr. Bush informed Mr. Goldberg that

8

Sep.OS.2011

01:28 PM

PAGE.

9/ 26

As this proceeds to a more litigious and public forum, I am prepared to provide additional documents, witnesses and information to support my claims in the wrongful termination and ERISA-violation action. I am extremely confident that the employee, former employee ami consultant witnesses, when under oath, will provide substantial support to my allegations and claims against SAG·PPHP and Mr. Dow. In addition, your personal liability as a Plan Fiduciary may be implicated as further details of these activities come to light during discovery.
I reruain hopeful, dflcr yUU! full review, dlscusxlun arul act.iuu IHl these stgnrftcanr tssues, that there is still an opportunity to amicably and privately resolve this matter. If the Trustee's are interested in pursuing this course of action, please contact my legal counsel, Attorney Steven Freeburg, at 626.585.4161, or at StevenJohn(ibf]!ll'lW.(,flnl.

significant ramiflcations on the Plans, the Participants, each and every Board Member, as well as the ongoing current SAG-AFTRA merge negotiations. I look forward to a response within 10 days before I proceed with further available regulatory and legal actions.

I urge your immediate attention to this matter, as I believe that these issues will have

'1-~
Craig E. Simmons Former Executive Director, SAG·PPHP Human Resources, Information Technology & Risk Management

._.._ __ _._ .._----------and the whistleblowing claims heing made against Dow." Later in July 2011, Attorney Bush claimed to Attorney Freeburg that Attorney Allaria was exclusively "representing Ihe Plans." Additionally, Mr. Allaria also spoke with Attorney Goldberg and stated "Dow knows that Mr. Simmons spoke to Mr. Crabtree-Ireland, and that Mr. Simmonsfelt Dow was homophobic" Dow was "angry" ahout being called this - "sinc:f he has a gay son," according to Allaria.
!!

_-_

9

Sep.OS.2011

01:28

PM

PAGE.

10/ 26

Mr. & Mrs. John A. McGuinn 152 Cliff Road Nantucket, MA 02554

Mr. John T. McGuire Screen Actors Guild 360 Madison Avenue lih Floor New York, NY 10017

Mr. Wayne Metcalf
Walt Disney Studios 500 South Buena Vista Street Mail Code: 7469 Burbank, CA 91521-7469

Mr. Paul Muratore Talent Partners 115 West 18th Street, 5th Floor New York, NY 10011 David White
National Executive Director Screen Actors Guild 5757 Wilshire Blvd. h Floor

Mr. Alan H. Raphael Warner Bros. Inc. Bldg. 156 Rm. 1226 4000 Warner Boulevard Burbank, CA 91522

t

Los Angeles, CA 90036

Ms. Kathryn Swink 4912 Carpenter Avenue Valley Village, CA 91607

Mr. Sam Wolfson Warner Bros. Inc. 300 Television Plaza Bldg. Bldg. 137, Rm. 1001 Burbank, CA 91522 Mr. John E. Rhone 5216 Ventura Canyon Avenue Sherman Oaks, CA 91401

Mr. Robert Todd 4024 Radford Avenue Studio City, CA 91604

Mr. Jay Barnett 5555 Melrose Avenue Bluhdorn Bldg. 109 Hollywood, CA 90038

Mr. Jim Bracchitta 160 Cabrini Blvd. #81 New York, NY 10033

Ms. Eileen Henry 1329 Albany Post Rd. Croton on Hudson, NY-10520

Mr. John Sucke PO Box 2340 Kamuela, Hawaii 96743

Sep.OS.2011

01:28

PM

PAGE.

11/ 26

Mr. AI Hubbs Daryl Anderson 24136 Friar Street Woodland Hills, CA 91367-1240 1935 S. Conway Road, Unit 1-7

.

Orlando, FL 32812

Ted Bird

Mr. Larry Keith

650 West End Avenue New York, NY10025

11 Riverside Drive No.llSW New York, NY10023

Timothy

Blake

Ms.

Marla Johnson

1643 Sunset Plaza Drive
Los Angeles, CA 90069

2601 Central Street #201 Evanston, IL 60201

Mr. Robert Carlson

108 Catamaran Street #1
Marina Del Rey, CA 90292

Mr. Bob Kallban 414 Stewart Avenue East Garden City, NY11530

John Carter Brown
2537 West Leland Avenue Chicago, IL 60625

Ms. Carol Lombardini

15301 Ventura Blvd. Bldg. E Sherman Oaks, CA 91403-5885

Mr. Duncan Crabtree-Ireland
Deputy National Executive Director & General Counsel

Ms. An T. Le

Screen Actors Guild 5757 Wilshire Blvd.

500 S. Buena Vista
Mail Code 4488 Burbank,CA 91521-4488

th Floor

Los Angeles, CA 90036

Ms. Leigh French 1850 North Vista
Los Angeles, CA 90046

Mr. Sheldon Kasdan

100 Universal City Plaza
Bldg.1280-3 Universal City, CA 91608

Sep.OS.2011

01:28 PM

PAGE. 12/ 26

Mr. Elhanan C. Stone

Mr. Richard Masur

571 Golf Links Lane Longboat Key, Florida 34228

1329 Albany Post Rd. Croton on Hudson, NY 10520

Mr. William Schallert
14920 Ramos Place Pacific Palisades, CA 90272

.

.,

Sep.OS.2011

01:28 PM

PAGE. 13/ 26 http://sn110w.snt110.mail.live.com/mail/lnhoxLighLaspx'!n ...379413262

~f
Windows Live'"
Hotmall (198) Messenger (0)

SkyDrive I

MSN
Moveto •

Craig Simmons·
profile I 51g~ I)~t

Hotmail
Inbox (198)
Folders
Junk (186)

New
~.' .... _\.,." •• '\.".,

I Reply Reply all Forward I Delete Markas
•••• ,,, ••• , ..... ".", ... ", •••• " •• _ •• , •• , •• , • __ .,., , •••• , •• ,., •• , ...... 1, •••• , •• __

v

Options.

1

TO see messeqes related to this one, group messagesby conversation,

dCi@sag.org

Craig Simmons
To dlreli:lnd@sag,org

3/25/11
Reply i,"',

Drafts (1) ~ --.--!I Sen_t ~ __ .~J Deleted (68)

i

,

BlD
New folder

Dear Duncan: It was nice to see you last night, I would like to follow-up with you to set-up a confidential face-to-face meeting, hopefully next week, with both you and David White, as Trustees of the Plans. I would also like you to hear from counsel, Nathan Goldberg, on some significant issues occurring at the Plans and some Information which may not have been shared with you, but could greatly effect the Plans and operations. I am available anytime on Wednesday or Thursday to come to yOUt office. I think that the Information I have to share with both of you will be critical to your understanding of some ongoing Issues, especially how Its effects your SAG members and participants, at the Plans under the current leadership. I look forward to hearing fram you with an appropriate schedule. I can be reached through my personal e-mail or by cell phone at 626.616.1642. Thank you again for your assistance with this
request .

Quick views Flagged (1)
Photos (4) Office docs (4)

shipping updates

Messenger
: You're signed in to

~ Messenger. To Ch~nge
, your status, tiitk your

~ name in the upper right

.' corner.

j

Keep r'!'I~ signed in Sig n : ()ul; ()I M~~S5fOnlJ,~r

I

,

• ,_

."

,.

"

M

n.

/"

••

1I11

'''''I'''''~

••

New

I

Reply

Reply all

Forward I Delete

Mark as.

Moveto

T

. Searchcontacts Yourfriends are offline light now. Sign (Jut of Messenger Home
Contacts Ad feedb~c;kI

Calendar

© 2011 Microsoft Terms Privacy About our ads

Advertise Developers

HelpCenter Feedback English

1 of I

7114/11 5: 13 PM

Sep.OS.2011

01:29 PM
http://snIIOw,sntl10.mail.live.com/maiI/In

PAGE.

14/ 26

boxl.ight.aspx ?n::::379413262

Windows

Live'"

Hotmail (198) I

Messenger (0) I

5kyDrive

I

MSN

CraIg Simmons ~
profile I sign out

'-4!
Ootlons~

Hotmail
Inbox (198)
Folders
Junk (186)
Drafts (1) Sent

New

Reply

Reply all

FOnNard

Delete

Junk

SWeep.

Mark as •

Move to.

I

Background Info
Craig Simmons
To Duncan Crabtree-Ireland, dci@sag,org

tlll(:k t.O messaqes

I

3115/11 R,~rly •

CONFIDENTIAL

Deleted (68)
BLD Search Results New fold(~r

Quick views
Flagg@d (1)
Photos (4)

Duncan: You may want to know what Is going on with Bruce's wife, and some of the Plan's funds that are being funneled to her and to her church, the International Foursquare Church, from the Plan office" we can talk next week. Best, Craig

Office docs (4)

Shipping upoetss

Messenger
You're Signed In to
Messenger. To ~hange you r stat\Js, dick you r name In the upper right corner. Keel) Ille ,igl)~,i iT' (\I)t of Messenqer

I siqn

Search contacts
Your friends are right now,

offline

Sign out of Me.ss(~nq()r

Home

Con wets
Calendar

Sharman Dow is a charismatic Inspirational speaker and author teaching men and women in biblical truths. Her personal journey in Christ has led her to create her life mission statement, which Is the basis for Sharman's founding of Mercy Sprill9s Ministry-a ministry devoted to the spiritual maturity of the church through the Lordship of Jesus Christ, God's Son. Her book, No Other Agenda but Love, presents a message of God's plan for success. In It she draws the reader to understand how to obtain the abundant life through a powerful strategy of deliverance and restoration, dealing with those areas of emotional bondage each of us struggles with. Sharman's career spans nearly twenty-seven years In Insurance sales, including owning her own agency before It was acquired by a national insurance brokerage firm. She currently Is a senior vice president for usr Insurance Services, a division of Goldman Sachs. In the span of her career, Sharman has been able to share her personal testimony with hundreds and present God's life-c;hanglng message. Her own dynamic message is inspirational sharing the redeeming work of Jesus Christ. Sharman's corporate background has allowed her to utilize her business skills In serving several nonprofit Christian ministries. She currently sits on the board of directors for Oasis of Hollywood. She is on the executive board for the King's College and Seminary League of Women. She is also a licensed minister with the International Foursquare Church. Sharman is married to Bruce L. Dow, and they have four grown children. They divide their time between Valencia and La QUinta, California.
PrivaCy About our ads Advertise
Developers

Ad feedback I

© 2.011 Microsoft

Terms

HelpCenter

Feedback

English

Move to.

I

1 of I

7fl41] 15:12 PM

Sep.05.2011

01:29

PM

PAGE.

15/ 26

WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP#2
S5S Soulh Flower Strtlt:t, Suite 2900, Los Angele$, CA 90071 ..2407 Tel: :lU.44.1.S 100 Fax: 213.443.5101

'~M~Y

JolI!RIt IA lOOtIfI, It.
~1'I>\II,~"1III'

~~-. -~~~
~",rr~
M!IJ.'!JlII~ ~b'!.IIIlt1b

JDlM':'i.JII

_1111.utJ,"'~MT·~

tI'MII>IllI~
~t.tWU'l'
~lllWlIiICI 1!(.JIj,t1f;nl

....
IIrI'IIID~ I~-.I

_-r",_

IIKntMiM IIIWII lWI'&)tlD ImII~QIIlI 1111.1,1-..··

t.:IIU!I'r.1oIWI1
~ ""~IIIIIAI.AMII\ GUiclWlC.lD

toD.r:1iIlIlIII_
__ j

i1E111I11l'1"1'IWIII

wtV.~
1~1IIMI',.,

~I~
'Il~I·.I:I:IIU_

_1_11«1 ".:1_Do\VDa;_
mAllAlIn_ __ ~

,-~
_OIMmlll

rtNUtI'illl

~11._

~~

AUIII._

~II.-

_JlI.WIII.IiI

I.A_~ uu.'I' 141ColU:_ 1mi'l'l"lIII ,wLl""'1...

July 12,2011

"'II.IIIYAJllII¥Y _~IWI~.

~"'-T ,,,,,n.r

'l>UOoIIIMS!mIlII_Y(lllJlIII NfoUO~MNi;IIINU ·~MJIIJ~Dl.II.I.~

FOR SETTLEMENT VIA FACSIMILE (626) 58S~0718

PUPOSES ONLY ...PRIVILEGED AND CONFIDENTIAL DISCOVERABLE UNDER Evldcn~e Code Sections 352, 11!2 and 11!4

..NOT

Steven J. Froeburg, Esq. Freeburg &: Nettels 1111 N Brand Blvd 310
Glendale, CA 91202

ate

Re! Our File No- : Dear Mr. Freeburg:

Craig Sinunons
13123.QQOOl

This letter shall serve SAO-PPHptslast and final attempt to resolve this. matter whh your client Craig Simmons. SAG ..PPHP has authorized me to renew its prior settlement offer that was made to Mr. Simmons through his prior counsel. Nathan Goldberg, So there is no confusion, the

basic deal points were as follows:
1) 2) 3)

Payment of the amount of six months salary, spread into January 1S, 2012. $20~OOO the amount referenced in line 1 above. will be paid on January lS, 2012 of generating a pension credit Earned health coverage will be provided until March 31,2012. The eaw.ed participant premium must be paid.

1269S67.1

Sep.OS.2011

01:29 PM

PAGE.

16/ 26

Steven J. Freeburg Om' File No. 13128.00001

July 12; 2011 Page 2

4) 5) 6)

A reference letter will be provided to Mr. Simmons.
Mr. Simmons must supply a retraction letter regarding his comments to Trustee Duncan Crabtree-Ireland.

A provision in the Settlement Agreement will require Mr. Shntrton$ to be aveilable by telephone until January 15, 2012 to answer any questions that arise

(this will not be a major issue, b\1t will be required ifhe is to remain on payroll).

7)

If SAQ-PPHP requires any substantial time commitment by Mr. Simmons in the future (which it does not expect to be the caee), it will pay an hourly charge to be agreed to. This specifically excludes if Mr. Simmons is subpoenaed to appear to testify in any future matter, Mutual Non~DisparagelJJ.ent and ConfidentiaHty provisions, including Mr. SimmOnS does not encourage) Orin any manner assist my employee of SAGPPHP to bring claims aglcillSt SAOnpPHP. Normal settlement provisions. 1542 etc. The Release. is for aU actions that occur or Will occur through January 15, 2012. We can work on the language) but I want to make sure that because he is technically employed up until Jan 1512012, that he doesn't attempt to bring another employment claim during that time period.

8)

9)

This offer shall remain open until July 22. 2011, at which point if it is not accepted it will be automatically revoked, Please understand tbat this offer is not an invitation to open settlement discussions, Instead, as it was when it was origin11l1y offered, this offer represents SAG-PPHP's last, best and final settlement offer. Nothing herein is intended to be, nor should be construed by you as a waiver of any rights or remedies that SAO·PPHP may have in this matter, and a11such rights and remedies are
hereby expressly reserved.

Very truly yours, WILSON~ ELSE~ MOSKOWITZ~ EDELMAN & DICKER LLP

:::.:.~~
11,.,

'11.

~

f\llarla',

:-:0::=:.. ;;;:.

MVNigb

WILSON, IH..SER. MOSKOWITZ. 1269567.1

EDE1..MAN &

orcutt

LLP

Sep.OS.2011

01:30

PM

PAGE.

17/ 26

SIMPLEX CONSULTING AGREEM:ENT
CONSUL nNe AGREEMJl;NT (this "Agreement") is made and entered In(o ns o~be.~~y between SIMPL~X.1NC., A CALIFORNIA CORPORATION (';Simplt::)1'.") and S~ ..ten Aelurs GlIlId - ProducllfS HtIIlrh Plan5 ("SAO.PPHP'· or "Cu:;lomel'''),

/"'"

I

'nus

and FllnSI(l1l :.nd

WHEREAS Customer desires to procure the consulting services ofSlmplex ill connection with certaintasks descrlbcd in th is Agreement and Simp lex ires to prov ide its C~III~U Iling services to Customer in accordance with the terms and conditions ot'this

I;"'~

Agreement;

NOW, THEREFORE, in consideration of the foregoing recitab, (be agreements of Customer and Simple;.: as ~tlt forth herein and for other good and valuable consideration, tile receipt and sutflciency of which is hereby IIcknowledged. thc patties bereby agree as follows:

Simplex shill! ~·t~l!fI;ijJ:lIy ~II$OI'IQble efforts tocf)mpl~; _ddelifJ{~r!lle Silnplcx Work to Customer oil the terms lind conditions detailed ln thisAgrecment. Customer shall U5" commercially r<:ll~ollu\ll~c:ffom to complete Customer's WOI'k on the terms and l}(mlliHlIll& detailed ill this Agreement,
2.

(j
\} ...i<..

Kcvln Nikk.hoo is the Simplex resource ussigncd to this contract and work for the duration oj'this contract,

",,\\'1' ~\\
\,

i/..;\

,t

.v

~." , '\

\ (',

Work, pr()jects, and tasks {collectively called "Work") arc assignee! b;.-Customer to tile resource assigned by Simplex, The :f(;OPC lind priority of Work may be changed by C\lSIOmer and at Customer's sole discretion. The Work includes but it [Jot limited to: ",' ,·,Ih '7

.• •


• • •

'"

WOI'K with other lndustry Plans and AMPTf' on cI)!Jllcctivily lind duto. integrution ... A~I as the Liai~on BU3il1.:siff~chniclIl Executive Oil behalfofSAG·PHHP WH.l1llxtCl'llulvendors und business purtners •••• W I.> ._, ,. J. Parlidpatillg and manage Technology and proj~ct developments .- IAA·' J \ . .('~"'S V cndor interaction nnd lechnology coordination for SAG·PHHP projects ,-- I.~)""\ i c ~" C ¥ I~ Providing "bridging" between different IT departments ~-- v,..! 1\ j (t·, I.. j:1 ~r.,rlf-)i},Io!~·>~f.J Provi ding business req uiremcn rs (ldlnitlon and planning Forcustomer and parllll,;r connectlon and cornmunlcetlon -'" l3u$lnes~ Requirements gathering for assiWlecl projellts·_ lJ..,)tL.-( (t,. i:,l'~L:: Participating in product cvutuctlon, selecti()lI, nml architecture development Ui.vj~L"'.('~ "'_ C,,, t\S? Technology PropfOfConcept (POC) and deployment .-- h (J,.", ) ,.,_ , Provide oversight and us~iw!tlctl with implementation of the following nussion crhica! npplicatlona: CRM J

o.

h

Ie -p'rcJ"
to!
pr

<)

t-s

IIC (_.:->

:)

4.

~\

C~I.~:':~~!..~~:.~~S IVR r:~~~~ell1' QQI~ ao~Duration
worle. on January \'1,2009.

Bu~~~_~~~_~~~mption, 1l~::..~:~~~~~il_iY_::'2tum, etc,

tft,'l0·-:;- .'Y;
it'.

(-it

Sirnplr;)( shall commence December J I '1,20 I n,

. ~ ..,.-.- ,..- .. -_..

.fI." #. I. , This contract is for a period of Two (2) years and will be in effect through

/{n'jC'crl"_ ,.

5.

Work LQCiltloQ !llW I:!QIU]

The main work location is lit \hr:~dqullrtcr
.,

...

~
~.

.'

offices in Burbank. However, Simplex can work from their offices lIS lon~ as there IS no _».e~d..to,d~::(l~rsonaC!Ly.ili!.5 at!MIJ~ Simplex will provide 40 hours of work per W(!CK, SImplex is not required to perform tfi"ctasks at lUlY sp'ecUlc hQU ' iong as the Cl.lstom~r business IIlId II.:chnlcal requirement Q.fC met. Simplex. acknowledges that there mo.:T r~hll!:d hURinc5~ Ira vel. ......... J' ) . Ii. . t.,:.. -, ) ') ('vl...... nil l,( 1'\., t..':' \. 1,.,1 c 1..

,.-.'~--"."-----...-,,

.. 1

I

6,

flj;~s and EX~[!!lses

,·fi: '), (' n J'Ij'
"'.,

i!

.
('

t ~~

'\ -:

..rC'
.
. 'w

Simplcx.~i_.il:k the services to this contract at $125 per ~ This is over 35% discount from Simplex typical market rates, Simplex has ugrur:d (0 thi~ rate hCCU\I$e of the multi-year nature ofthe.mtlfl>, Travel costs, if any, arc 10 be approved ill advance by SAG·PPHP management and will be billed al ui,;(uill ~I)S(, Simplex, Inc./~~(:onsulting Agreement
Confldential
I'
1I

~_'lWt

!! e

II

Sep.OS.2011

01:30

PM

PAGE.

18/ 26

Simplex wi II invoice the Customer every two weeks (at the fixed rate of$5,000 2009, All invoices are p~yable Net 30,

p~~ week, or $10,000 per invoice) Slf\ftin!; Ianuury I",

I)

\ .' '? \, .\ i?\:,~ '\t
rc., •J ',~ •
\

. (>

"./~'_)

;," ../

for purposes of this Agreement the term "INfORMATION" shall meal. and is not limited to any and [IIIinformation, know-how, data, technical lind mm-technical materials, 1.1i.. -signs, concepts, processes, product samples arid specificali(lIlS, reports. prospects, customers and customer IiSI, projects, sales oppor1;l)nW~S, price lists, consultant names, contact lilfonnMiqnand. rales, flnaneialor business informatlon and other cxpcrtlsc, whether or not petentablc, furnished by ~6'slNG PAIlTv to ~WmJIIT, either directly or indirectly, INFORMATION Includes infOnTlalion provided in writing (including grilphic material) Or orally (if subsequently reduced to writing) by mSCLOSJNG PARTY properly marked 115 PROpRlETARY with the exception of;
II)
Ihrough

l. \'..

\

I

,-'1'

,I

"

.\. --;;..\'~ I .~.\

-.., r,

Infonnnlilln which !luhe time t)rdi~dos\lre "hI'iC1PIENT ; no Jault o. """ . ,

had h~en rr~villl1sly

publlshed 01' was omerwise in the public domain

(..

\

I

'\

~

b)

Infonnation
Agreement;

wnich becomes public knowledge

lifter disclosure

unless sl,1ch IrnQwl~dg!; i~ !I. breuch of lhi~
as evidenced by

..:.~

.~,

.

\•...;fS'e'\
.I

\...:t'

"

c)

lnformation which was nlrc1IIly in RECIPIENT'S possession prior to the time of disclosure written records kept in the ordinary course: of business or by proof of actual use thereof; IrdQrmMion whiuh W<lStliscll;l~~ to the receiving party, other IhM under an cbligation Third Party who hut! no obligatlon to the other plitt)' not to disclose such in/ormation Any Protected Health Information (PHI} in nny
fO!1Tl

d)

ofconfldentiality,
10 others,

by a

c)

(electronic, paper, or otherwise),

2)

f~ach party may di~I;II,~e lhe INFORMATION

governmental regulations; providt!d,

to prosecute or defend litigation or to comply with appliullble that if such party is required to make: any such disclosure of rNFORMA TIO}! it will 1(1the extent practicable gi vc reasonab lc advance noliceto the DlSCLOSIN G PARTY of such disclosure requirement and will use Its best efforts to secure: confidential treatmell!()f SllCI1 INFORMATION required to be disclosed.
hDWI!~lIr',

3)

RECII'lENT, its employees, sllb~idiuric~ and afm lares agree to muinlllin in confidence the; INFORMATION with the same degree of care RECIPIENT holds its own confidential WId proprietary INFORMATION, RECIPI[lNT will not usc the: INFORMATION except in lh~ evaluation uf II potential merger, RECIPIENT will disclose Ihe INFORMATION cnly to ils officers and employees directly concerned with the evaluatton of the INFot{MAlION. RECIPIENT will not disclose the INfORMATION 10UIlYth IrQ pnrry IlIlr wi II RECI PIEN'f usc: the INFORMATION fur any other purpose I;:)l.eepl !IS permitted by Ibis Agreement, For purposes of this pnril&r;tph, "subsidlartes lind affi1illlc:s" shall mean any corporation, finn, partnerShip or other entity, which directly or indlrcctly controls, ls controlled by, or is under common control with RECIPIENT, Subject to the provisions of Puragmph I h~!r~~~U~~~~.iillaQ' rights (incl\l\liug but nollimitC:;Q to patent rights, copyrights and/or trade secrets) in and to the rNF'ORMATION shall r(!rn~inthe pl'opelty or ~tNG.PAAty, The INFORMATION being disclosed to Ih~ RECIPIENT pursuant \0 this Agr~t;mcn\ is with the express understanding thaI neither party will be oblig~ted to enter into any li.lrthcr agreement rclilting to lhc: INFORMATION, and nothing in this Agreement shall be ccnsnued as granting MY right, title, gnmt, <)plll/n, owncrsbip, irltc:r~~tin ()f license Irum OIlO party to Ihe other rt:luling Ihereto, t:~ccpt 1I~ may be stipulated ill a separate lll.\l't;~l1lellt between them, RECfPlf::NT agrees to hold ull informatlon in trust ami confidence and agrees that it shell not be used for personul SHiH but ralhl..'!rbe used olily for tho purposes described above, lind ~hill1 not be used for 11IlY (!Iller purposes or disclosed to any third party.

4)
1)

6)

,

<;

7)

.~-~

<,

R£CIPIENf IIgr~t:~neither tv make nor retain copies of any written illfol'tnaliotl $uppJil:d by DISCLOSING without DISCLOSING PARTY'S permission,
agrees to retum to DISCLOSINU PARTY

PARTY

l!L..~~1l! ~~lljsi(ln of me~ger dlfCUIiSiOM,REt IPIENT ~
Agreement

all fNFORMAT
P
II

ION, gc

Simple;'-lnc,~ConsuJting

Confidential

Ii

Sep.OS.2011

01:30

PM

PAGE.

19/ 26

including w((lten notes, photographs

Of !IJ\y

memorand» taken by it. and any coples tht:reof

9)

RECIPIENT

aGrees not to disclose

INFORMATION to others, unless such others agree to execute and be bound

by terms orthe Ageeemeru 10) The obligations of confidentiality and non-use ol"lNFORMATION ,~~wrolnalelWo (2).yCIUSafter daie of exectit ion hereof, unless the parties enter into a definitive contract modifying or superseding the Ayrec!m:nt to the subject matter hereof In which case the rights IIlId obligations of the::pHrti~s shall be governed by that contract. This does NOT apply
to any Protected Health IMol'rt'lation (PHI), and as SI.I(:h,111! PHI Information shllil ever be disclosed,
shall be construed in accordance
I)

1 ~
,
Ii

t-..\ 0
I
,
'.I

II)

This Agreement

wilh the laws of the State of Cali fomi a, not including however, tim
\ '; .... '.. . _~ __

r~lC:~rdntinl!l to choice or conflict ~

flaws.

\., () \ t,I.\ v
'l
~.1

U\ r 'fI~
Q ~Jy,
~~, ••

~.\.

9.

rf RelA.tiQ!1sbjn....

'~1. C")\)

.

\\1:1

'7

The Customer IIl;kn!)wl¢~geg that Simplel(,*4Ul~ Customer have entered intu ~~I~~~~!r~~:tbllowing negotiations and the -( <::1 a_~vi~~ ~~~P"~~~!~~:flnan_~.!!sn,and that Customerfurtheracknowledges Illu! neither thi$ agreement nor anything I . \ contained in this Agrl;e~alloou;:emeaor inferred to create between the Customer and Simplex £U1yartncrship,joil}l- venture or P l fll1y other buslnees association other than that of customer and service prn .... ider.

()rt~~!r

b 9-' ' \

.
'

(\ ~ \

Y.

~I)
~\J-1

10. Lj!Di'!!tipn~n:..

.....

:':y(

1t'i?

fbi j'tS

11/1

\ .., \1\)

1\-

Sil'Opk!x:'sli.bilit)' IInder th~A.g!:eQml:llt shall'~ I~m.ited fop and ~II not e,x~ . . . . . aet~,~!!r~Ii~ Ih~ C~~llIer to Simplox for' On" month, III no event $hall Simplex be hable fOr other dlmet damages, f()r indire , ¢ort~eqlletHlill or mCl(iental damages inciUdinl! but nil I limited to darneges for costs of cover, (1i5 that term relates to both SIl.rviCCS and products), 106t profits., business interruption or loss of business lnformatlon or for punitiv,. dam8&1;~whether those damages art claimed undertort, breach of conttlil;~ stricr liability or bteach of warranty theories. Simplex shull not I:N: liable fQr any hardware, software, systems. or applicaiions ' malfunetion, Simplex shall furthermore not be liable for any services Or products provided by third party vend\)r~, developers Or consultants identi lied or referred to Customer by S impl~)( or other sources during any aspect ora project Wilderthi~ agreement, for any

X
",!
~
/.

c..~' " ' t". '.' rt i

r ,.~:\
i\ f;/.

e ,\ l

Work Otder, or otherwise. II. I_crminillioJLQlbircemcnl.
" {\ ( /

t NO ......
'" \

;f) S t l1 (l.. /)\'-t"
:_r'·~I\,.-l
-r-'-' /.

j.

. ,-

..

1

This Agreement"~,,tM'Ii.)'be·t~rml~ fortlliiiill eill.cept as provided herein, Cause for termination by the Customer shall b~ ...., \ limited and n::strictcd to' die Tcfu:;al of Simplex to fulfill the obligations imposed upon Simplex, In the event the Customer d!;cjd~ t(l terminate Ih ls Asrc:c:ment without cause, t!J.ll..GQ!Otoroe.r shall pay Simplu Ib,> IIInOUIlt I;qlllal.1O unpaid balancoofmonic51lue IIrIder this '. ....
contruct, . "

12. ~

Any notice which any party may be requited to send hereunder or which any purty is permitted ur lllQy desire to give any d~er party must be: ill writing, MU may be given by personal delivery or by losiling the same by registered or ccrtitil;d mall, return receipt_ requested, to the party to whom the notict::i~ dlrected ill. the address of such party iI:j hereinlUtC:f ,et. forth, or such other address lIS the parties may hereinatter designate, Any nuuce so gillen shall be considered delivered only ifit is Ilt.tl1l1lly received by the addressee (as evidenced by th.: acldrt:5~ee'~ signntl1tc oil the return receipt or rcfusal to accept delivery oh.ny notice). The address for each of the parties is as follows:

r

(Lt\11l .. ~~v'j . ,~)

,+
I

.7"\ ,..-)
,

~-t1f.,.C-,"
.()

f"

V .,

L) .

Simplex, lnc./SAG·PHHP

Consulting

Agreement

Confidential

I' ,I

g

I:

13

Sep.OS.2011

01:31

PM
"J

PAGE.

20/ 26

To Customer; Nad.;:r kurhni ." 3601 West Olive Avenue Suite 200 6U1'hank, CA. 91505

,I'

//
To Simple;x~ Kevin Nikkhoo 130 North W(.lSlgat~ AYl;rll.U:: l.o~ Angeles, California 90049 Attention: Kevin Nikkhoo

All disputes, claims or controversies ~risillg 0111 of or relating to this Agreement or the parties' rdatlonshlps outside: 11115 greement, A whether bused on facts cccumng before, during or after the term of this Agreement, that are not resolved by the parties' good fuith attempt to negotiate a resolution will be 5ubmillt:tl to final lind binding arbitration before JAMS, or il.. successor, in Los Angeles. California, U.S.A., pursu;lflt to the United Stalt:~ Atbitt'ation AcL. 9 U.S.C. Ii I, et seq. T1u~arbitratinn will be conducted in accordance with the provlsions of JAMS Streamlined Arbitration Rules and Procedures ill effect at the time of the filing of the demand for arbitration. The parti.~gwill cooperate with .lAMS and with one another in selecting II single arbitrator who will be a formcrjudge Drjustice with SUbstantial cllptirillUC\I in rC5lJhhig business disputes. The cost of'arbitration will be shared C:'lu!llly by lh~ parties, The provisions of this section may be enforced by any court uf competerujurisdiction. The arbitrator will not be empowered to UWjU"cl drunagcs in C;O;:CC.'ig of, or inconsistent with, the- liability IimitaliOlls contained iI, this Agreement, if a\IY; however, the prevai ling party win be entitled to lin award of'ul] costs, fet:s und expenses, illcluding expert witness fee!; iIIlt! attorney's fees, to btl paid by the party against whom enforcement is ordered,

Neither purty shall be liable for uny dclay$ orfailllreS In performance due to ucts of Ged, flres, eartbquukes, floods. power outages or ()thcr catastrophes. national emergencies, insurrection, riots, WarS, strikes, lock-outs, work stoppages or other labor difficuhies, fllilu!"e of commcrciul power supplies. failUre of network facilities Or telecommunications earners, any law, order, regulation or other action of any govemrnental Or quasi govcrnm~nl!11 ugency or ~ir4;l1m5111I1C~~~YQI)ctthe party's reasonable contrnl. h
13.

6l1tb9rilY~IIIS;

Q()curncnl.

The illdiviclllill signing til is AgrcelTl~nt 011behalf or~impl< .. represents that he or she has been duly authorized by Simplex. and has the ex n;q~d~iu: capacity 10 entcr-lnto and execute this Agreement on behalf of Simplex; and Simplex has taken the necessary corporate actions to authorize the execution ofthis t\trectncnt lind the undortaking ofthe obligations imposed hereunder. The inJivid~11I15igning this Agreem~nt on behalf of'Customer represents that he or she: hus been duly authorized by Customer and has the: requlsile ~upildty lo. enter-into allJ execute this Agreement Oil behal f of Customer; and S:us!~!!!.~r has .takcn the necessary corporate~ p3~tncrshipQr other. actions tI;HlUtho~~z~ the~.;l(~~~.ti~Il.?_r.t~i~ AI:!.~<:ml>liL lli'IJ the undertaking of thc'iilingations'imposcd"hci;c-unde.r. "'. ,_ ... "'"
14
Mrn:~lIfll1~Oll s

<,

'\,

Pro'! i~ i.Qllli,

This Agreement contflin~ all of the agreements of the parues with respect to the matters covered or mentioned in this Agreemen; ~1n(1 prior ngrel)rnent, understanding or communicaticns pertnining tc eny such mutter (including, without Jilnil~tiol'\~, any hids, propo5D.1 or inlorrnuticn detuiled in any oral or wrtuen presentations) shall be:effective for Wl~ purpose. ND prevision oftnis Agreem(:nt may be amended e)';cepl by a written IIIllcndmc[l1 signed by the parties. Th~ unenforceabiiity or invalidity of any provlsion or provisions oflhi~ Agreement as to any persons or circumstances shall tlot render that provision or those provisions unenforceable (If Invnlicllls to !my other persDns Or circumstances, and aU provisions hereof, in all ether respects, shall remnln valid and enforceable. The I~Hns of this Agreement ~hl\H apply to, inure to the benefit of, and bind all parties hereto, their heirs, legatees, devises, administrators, eX~~llt(lr~, perSbnall'tlpre~elltatives, successors and !lSsigns. The parties agree that time is ofthe essence of this Agreement and that all time periods set forth in this Agl'llemllnt ate of lh" essence. This Agreement shall be construed ,,~c!.lri.ling 10 its fair meaning and as if prepared by all parties hereto. The headings u3~d in this Agreement arc for convenience only and are not to be used to interpret the meaning UrallY oflho provisions oflhi~ Agreement, 1n this Agreement, wherever the context requlrt:>s, the singular shall include the plural, the mflscuIlFlt:. feminine and Iloliler shall b" rntUmllt inclu!':i\l~. ~l1d the present shull include the future. This Agreerncnt rnny be executed aud acknowledged in counterparts, ull of which signed counterparts ~o.lI constltute II single ilgft,:(~mcnt.S ignature pag~s mId acknowledgments "HIY be delachccJ from the ccunterpurts ;lrld <lUIl~hcd «l u ~inslcopy Qflhi s Agreernen L.Each parLy covenants to the .. other party Lhat It shall \lS(; commcrchllly rCIIS{)Jl!lblc: effl)n~ 11,1erform each covenant on its part to be pcrtormcd as provided in lhi~ p Agt'c~ment and shall not knowingly take !;Iny aclion~ which would prevent the other party from perf()rmil1ll. ils obligllli/)rl5 or rnllt'lting the condittons to consummate the tr~\ns~~ti()ns ccntempluted hereunder,
11(1

Simplex, IncJSAU-PHHP

Consultlng Agreemel1l

Conlidential

Sep.OS.2011

01:31

PM

PAGE.

21/ 26

"__ ~

~w,.·

~~~~.·

__

'

~,

"Simplex"

" (':u~tonler"
SCI'~CIl A~I\1fs

(hdlu·, Producers

1'711

allu

lI~alth Plans

By I t~ ~7i;,ed :S;-W;;.\r)ty
J~yl!!..N ikkhQ.\l. Nm'l'l,~: (Prim) ._'__ ~"'_'."_." ~__

~~_t!Jd~

.l:hl,(b'£l~ Ini Hri
Name: (Prlm)

Nllv;;ruh(Jr

l~f~JJJUl_._ ..__ "

Da(~

Slmplex, 111~.I~AG-PIIHP Consulting

------~--~-'-.----."'" ..------~--------~, AgI'~emcnt

I' ;, !!,

15

Sep.OS.2011

01:31 PM

PAGE. 22/ 26

Screen Actors Guild Producers Pension & Health Plans Performance Evaluation and Planning Form
M

Employee:

Craig Simmons

Job

Title:

EXeCIJ~.1!.,9 .....:D"",i,-,,rs:.:::ct!:=:o.:_r~

Department:

E)\ec\lllv_e _ _ Other

~ __ _

Date of

Hire:

11/01/20Q.!L

Eval

Period:

Fr

~:1.:..!.Q__

To

12.31<U_ Annual

L.... lntro

Probationary

Period

Effective evaluation o/job performance is an on-going process. This/arm is to be used/or annual evaluations and at other times during the year when formal feedback on job performance is required. Part I. Job SUt~~~ess Fadors
1\.

Facton KEY Rf<~~PONSlllILITlE.s SPECJfK
key responsibilities

Performs

as

articulated

in job
each.

ronns

R' atml!.

Comments

- ReS_l)ODsibilities

JUH
(Cbcck Ope BlIlI.)

description.

List

top

5 key job responsibilities and score

1. Executive In charge of Human Resources/PQyroli

.f
.'i
:--

,)

J .1

'-

.,

I

;'iiA

2. Provides strategic vision to Plan eX9culive committee fegartiiflg
workforce planning, succession, staff developmenl

.{

.,
"-

'l
I
1

:--,\ /\

3.

Cre$.tes stralegy for the compensation employes relatlons, workers comp,

.rewards and recognition,

.f
·1

~

.,
,.("

4,

Ooorotnatss with plan couneei f$lated to personnel issues and other matters as directed by the CEO

.f

.~ .,
..:.

NI\
N ,1\

Overall Mr. Simmons is an exceplional employes and e. real aa~et 10 the CEO. He has brought many new idsas 10 lhe company and works vary well with the staff. He has a epsclal skill 10f solving difficult employee aituatlons. His legal background l1as been an asset which has orealed efficiefll;:i9S wh®n dealing with outside counsel. Overall I believe him 10be one of lha top three executives in the company. Allimea some of Mr. Simmons inlUalivee may be bey one " company of our size so we must balance co et Issues. I would like to see him to l;:onUn·ue bulid strong felations with to msrnbers 01 the executive comn'littG9.

5, Assigned various specia.l projects by the CEO

/'
effectively oral and and and shares

4

~

2

I

N:A

8. (:ORE COMPETENCIES 1. Communication Clearly

information;
communication

demonstrates skills.

-

Comments - Core Competencies
and

effective

written
accepts

t/ ,~ 1
"-

2

1

~:A
NA

WriUElt'Iend communication aidlis ex(;allGnt

2. Inltiat;ve
responsibility demonstrates to perform Provides matters.

and
for honest

Integrity
own work;

-

Takes develops behavior. sufficient

initiative

trust
skills to and of

credibility;

and ethical 3. Job Knowlede:f • Possesses

-I
,~1

.~

:!

I

Takes tnitiallve, accepts responsibility, needs al1imes to re~pect organizational boundariell to gel buy in fl'om other plan 9)(6ClJllves. ExcetiEln! Job knowledge

and knowledge and efficiently, on various from errors.

all parts of the
assistance and/or

position

effectively

consultation
is thorough the

others
free the

,f

:;.

2

1

'!\ilt!,_

4. Work Quality - Work Brings quality issues to
individuals.

Excellent work ql,Jal~y .

attention
~ Completes

appropriate

.f

4

3 1 ,l

;;
..,
L

1

f'.LA r-:U.A NIA
GElMraily maintains deMlinss, 60metlmeelhe numbers of I-IR Inltlalives can overcome dept Grea!liIt bull(ling overalltet!lm spiri! within Ilis dElpartmenl and wilh employ@eS-M&d 10apply thase approaches with olher axecs Attendance excellanl, balancee work/family life wEiIl·alway~ willing 10 slap In and help

5. Worli CompletionfTiming

work of

by deadlines.

_.

,~~

- Values the importance of service to internal and external customers. Works in partnership with pests and management, 7. Policy/Attendance/Punctuality· Is present ana punctual. Follows company guidelines and rules, Conforms to procedure,
6. Service
delivering

Works

methodically

in

a reasonable

amount

time.

"
:'i

.f

I !

Foeus/Teamwork

high quality

0{
(

'1
<-

:)

'j

2

I

~II (I

policy.

and schedule.

RAtIOE: cale: S

Management will rate employees in all essenuel areas using the scale shown below. "NIA" will be designated fur any category that does not apply to an Ilmployee. 5 Out8tlludllJi - Far exceeds expectations.

Level Level Level Level

4 txtteds expctlotloll~ - Consistently exceeds expectations. 3 Metts expectations - Conslstently meets expectations. 2 Improvement De~ded - Does not consistently meet expectations ,~Performance Improvement Plan reqllired (Attachment II) Level I Unsatisfactory -Is consistently below minimum expectations - Performance Improvement PI!lIl required (Attachment If).

10-11·10

Sep.OS.2011

01:32 PM

PAGE. 23/ 26

Part U. Key Accomptishments
List key performance goals and objectives established at the beginning of the evaluation period. Rate the progress made on each of the objectives. Also, list and rate any other significant accomplishments,

Key Accomplishments
"I.
Rolled out new comprehensive compensation program

Rating

Z. Comple-ted J_

flr!lt phaae of reward & r®cognillon progrEim

Continued development of the lead0n,hip & training academy reeolotion of succession Issues, employee exits managEd high prQf!leleii!e.1actions and invesligations

4" Successful

5. Effectively

.,
<;;

I' 4 "I
4
4

,
3
J
OJ

Kbedl Oot Box)

:~ 2
1

l
\ 1 1
I.

N!A
NIt\.

2 2
2

N/A
N!I\

.{

..

7.

N/A

Overall Rating:
Excellent employee.

Referring to Parts I and 11,Manager determines the relative weights of Job Success

Overall Rating
(Check One Bol(

Factors and Key Accomp1ishm~nts.

Additional Comments

I

4

.1

2

J

NIA

Part Ill, Next Period's Goals and Ohjeetives
Enter specific performance goals for the next period to be evaluated. Individual objectives should align with those of the department and the Plans and be used to evaluate Key Accomplishments at the next evaluation review.

1. Complete
2. J.
f-----'

executive Irslning program e)(panding \.tnd9r51~nding of all plan departments

Provide skill building and menlorlng HR lea.dera

'.

"-

Enhanca tsam building wilh olh@)rexecutlves primarily COO and Director of investmenls

4. Special proJecls ele assigned by the CEO

5. Enhance

Security in Ihe workpiece

Acknowledgment: I have received this document and discussed the contents with my Manager/Director. My signature means that I have been advised of my performance status; it does not necessarily imply that I agree with the contents. I understand that I may write comments on this form and/or Self Assessment Worksheet (Attachment I). Employee Comments:

~J.j-

bo

Manager /Director Signature

Date

~EXeiVeS~abtu~~ .~-======
10·11·10 2

Sep.OS.2011

01:32 PM

PAGE.

24/ 26

Attachment I: Self-Assessment Worksheet
J!mployce: CraIg E. Simmons Date of Hire: Job Title: Executiv' Director Department:

Human Resources
Other...,_, __

UL01l2OO8 Eva! Period: Fr 11201D. To 12l2Ql0 Annual J/_ Intto Probationary Porlod
(!'~.::, I~-'(~Hn"': 1\· ·,".d:~:~rJl )~_ \.
::LI 'h·I~·"'I.''1\J·)~/;

j'~,.,,:: \ I;rll

i(dll.,'t
I~;,_~I

.
II~·/I·;.:p~.;t.~;,
I,ll' '

>~ ',l!
'0, ~~~,

l":j)

I

\'1,',

.b~~1 I~!'~'~

J"fil~t.I:~.)

r:~:~'~~fl:'~f'(' !I\I,i;:)"~·i·1..h.r~III·! I~'~t f.U.;
l/~'ibl'li}i~',j~

)~)l

",'!,HI

·I',(:l·I.I:~.;\

.'.r.·l~;II':\~'~."! :~~~:>.j~'l. ,'iti'[n~I;I_{d\ilq

j~'.)t.~(···:f,'· ,

~-,:, ,,': ..~~:\))\

11:)1 ~rl.....,,\:'~~~ il~~ll·,.)~\.,")~k;l-1 ~I~~~:tt~':,jlln\

"~;).~·I;·'1·"·I·<~'L

.

1. Manage Human Resources/Payroll direction to Plan executive
development

functions for SAG·PPHP.

2. Provide strategic vilian and

Committee regarding workforce planning" succession and smff system, rewards & recosnltion initiatives, and legal actions to alian with Plan operational goals.

Issues. 3. Create strategy for compensation

employee relations, workers compensation, 4. Provide effective leadership/role

model for Plan staff, Mgmt, Executives and Board.

1. Completed roll-out of comprehensive

Compensation

system.

2. Completed Introdl;!ctlon and _Initial

phase of Employee Reward & RecognitIon program. 3. Completed next phase of SAG-PPHP Leadership and Training Academy. 4. Began Imprementation 5. Effectivel)! managed succession planning acltMtes, of new ADP platform for HR & Payroll. legal actions and Invetlgatlons. including management of employee relations

Issues and emplo~ee exits. 6, Effectively managed hlgh·profile
'\~I

,<:

,,,'1 .:;~. :'i: I:!-r,: c.r;·.o ·

fl )': ;. !:'} ,;j .;'.' ';.[,;:ll.',i\,i(.:-:

). '"J.

~I., f. \H:; \' ;;Jl-~')i"./ 1., ):(")"

I

,il·.~~,rli'n ;': (~i):;Ih'j'!h':I '. t !f . \','lo)lIV:, 1111,:.:, ·)~:F.i\ l'·ll.:qu,( J:

,'1.')1: i~r.!k~'(~J.rf· (-,'/:~Jj 1~', . "l} j.flljj\:wln".

, '. ". ,. -.' .... :-.. '. ,". . ' /"1!:(.) il!~'·)\)I;l·;:;;,{fll!~l;\ 1..\9(II.i;~;:~];· ( (:r;·(,1\',.ji)/&lIn: \\~(,!:!,,!'~;;Jhl :'."1\;1(:',.,:: htlj.;:.:·ji,·,,,,!·!(,: I.:WI~ -k1(; ;H'I:+j;«(.I~ifP;J'~:; (~:\.!. '.
((: ::('I,.Y.jl~r i.,
I" I I

1. Complete New Executive Training program· and functions. effectiveness. effectivelY with COO and Investments/Finance

with Increased understanding Exec

of all Plan departments

2. Continue enhancing HR Management

capabilities - mentOring HR leaders. 3. Align the departmental functions and

to enhance

4. Support CEO In hlsh-profile InlDatlves or sensitive legal matters. 6. Complete roll-tll;lt 7. Develop Plan branding strategy for 50th year.
, ..
1 ,;,'/Fi' ';/.)11 u'l:!il>O> , (;\\:·J."h//"l~III:'\')p':,
I, .' \ _'. ',' ,:

of Employee R&R program. 6.Security enhancement.
(:'t'J ,'I) " (:1 ~t~~\

.

\

,'j:'.

,iI.jI.i,"1 Ii .., il.',d.\·':. ,1,:.\1[\., ("):1,,"1),\:, :,!I'-i(;; \',('.\1

:\,:1\ !il\(O:(I:jl.l'-i,r.j

"

,':

.

\

,,":',

1. Completed Intemational 2. Loo~inq forward

Foundation seminar In 20J 0 .. next program? new r&sesmslbllitl'!.s and management challenges In the future

to accepting

3. Ensure a!fgnment with Plan strategic goals for next 3..5 years 4. Mentor Plan management to assist with new level of leadership

Date:

November 17,2010
1(),.O5-10 A.J

Sep.05.2011

01:33 PM

PAGE. 25/ 26

..

*2

~yroll Change ~otlce Reguest Form
Craig Sl~mons H'3!aPayroli
zt:I& zzI lILs± i

::::

::::

Employee Name: Current Department: Reason for Change: Effective date of change:
Current Job Title: Current Annual Pay Rate:

Merit Increase . (New Hire, Termination, Status Change, Promotion, Merit Increase) 1/312011

Executive Director of HRI Payroll 211,367.52 n/a
Information:

Grade:
Complete applicable New Job Title:

nla
n/a Min: nla Mid: Max:

Grade:
Salary Range: New Department: New Supervisor

nla FT $220,000.00

Status: Regular FT, PT, Temp) New Annual Pay Rate:

'"11PT, please Indicate the # of hours per week

Was merit increase approved In budget? Yes

.;",,;,,;;;--No

If no, please explain here

Bonus Amount: Exempt

x

Non-Exempt

Manager's Signature:
Director's Executive's Signature
(If applleeble):

_________________
------

oate:
Da.te:

Signature:

_-

~---_-------oatEt:

.CEO Signature: ~____A /' Date: "'only needed if merit increase jsl...fo-~ve ...lll!itF¥--,;x;.a:;..of:-:t~hleoo's~al~a-ry-r-a-ng-e-------· .. _.. r _...
revised 2l27.[201 0

Sep.OS.2011

01:33 PM

PAGE.

26/ 26

http://snllOw.sntllO.mai1.1ive.cum/mail/lnboxLight.aspx?n~379413262

Thanks Nathan - I will follow-up on the Bush stuff. Best, Craig

From: NGoldberg@amglaw,com To: cesimmonsl@hotrnaiLtom Subject; RE: SETrLEEMENT POSTURE Date: Sat, 23 Apr 201117:52:35 +0000 Craie, Thanks for the update. I did not receive any communication

from

Mr. Allarla yesterday. Please note that I also have not gotten back to Bob Busch who I spoke to once. He wants to obtain information relative to the email that you sent to the trustee concerning

allegations of improper conduct by Mr. Dow. I had told him that I would get back to him, but I have not done information
3205.
NOlth;'in 50.

His contact

is as follows: BOB BUSCHSAGHEALTHPLANS818 973

Sign up to vote on this title
UsefulNot useful