Exh¡b¡t A

Case 2:09-cv-07084-DMG -PLA Document 175-2 Filed 05/18/11 Page 1 of 18 Page ID
#:7333

Page 1 of I
From: Boyajian, Nina D. (Assoc-LA-LT)
Sent: Monday, May 16,2011 9:46 AM
To: 'Edgar B Pease lll Esq. (edgarpease@gmail.com)'
Cc: Chieffo, Vincent H. (Shld-LA-lP-Tech-ENT-LT); Srour, Alana C. (Assoc-LA-LT)
Subject: Estate of Michael J. Jackson/Heal the World Foundation
Attachments: Status Report.pdf; Boyajian Decl. re Status Report.pdf
Dear Mr. Pease:
As referenced in the status report Plaint¡ffs filed this morning, Plaintiffs will be filing a motion to enforce
Defendants' obligations under the Settlement Agreement.
We wi¡l be asking the Court, ex
parte,
to hear the motion on shortened notice, on June 13,2011, ot
sometime early in that week, and will af so request to file the motion unde¡ seal in order to comply with the
confidentiality
provision of the Settlement Agreement.
We intend to f¡le our motion to enforce along with the ex parte application this Thursday, May 19.
Please advise as to whether you are opposed to Plaintiffs' application: (1) to have the motion heard on shortened
not¡ce on June 13, 201 1, or somet¡me early in that week; and/or (2) to file the motion under seal.
Thank
you.
Nina D- Boyajiân
Associate
Greenberg Traurig LLP
|
2450 Cotorado Avenue
I
Suite 400 East
I Santa Monìca, CA 90404
Tel 310.586.6587 I Fax 310.586.0587
hôvâiiânn(àøttaw.com I www.ettaw.com
ffie
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PLEASE CONSIDER THT ENVIRONMENT BEFORE PRINTING THIS EMAIL
,l
s/t7 /2011
ÈxHBr
A
Case 2:09-cv-07084-DMG -PLA Document 175-2 Filed 05/18/11 Page 2 of 18 Page ID
#:7334

Exh¡b¡t B
Case 2:09-cv-07084-DMG -PLA Document 175-2 Filed 05/18/11 Page 3 of 18 Page ID
#:7335

The Off¡ce of Heal the World Foundat¡on
44489 Town Center WaY Ste. 0425
Pâlm Deser-t, Ca 92260
May 11,2011
v¡ncent H, Chiefo
Greenberg Traur¡g
2450 clorado Avenue, Ste. 400E
santa Monica, Ca 90404
310-586-6587
310-586-0587
Email:
Çþþþ!¡!g¡þs.çem
Re: Special Admlnlstrator(sl of the
Estate of Michael Jackson, et. al. v'
Heal the World Foundation. et' al. and United Fleet
Case No, CV09{708¿1-MMM(Plax)
NOTICE OF BOARD RULING TO RESCINP
MEMORANDUM
OF UNDERSTANDING.
Dear Mr. Chleffo,
(lllamlncludhg2documents,twelve(12)pages,wh¡chconsìstoftwoversionsofthe
.,memorandum
of understandìng agreement", one ¡s signed, but not dated by Mr' Branca and the other
Is not slgned.
5
Þ
EXHIBIT
.D
Case 2:09-cv-07084-DMG -PLA Document 175-2 Filed 05/18/11 Page 4 of 18 Page ID
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(2lThe signed version was first received by Heal the World Foundation, by way of ema¡l, on 5-
11-11 and d¡d not have a dâte next to Mr. Branca's signature, however all versions of the same matef¡al
terms have been duly rejected and resc¡nded by the maior¡ty vote of the Board of D¡rectors,
(3) As an officer of both Defendants' Healthe wofld Foundat¡on and 100% share holder in
unt¡ed Fleet, I hereby,
give notice, on behalf of both corporat¡ons, that the Board of D¡rectors of both
Heal the world Foundation and Untied tleet held a Board meeting on 5-06-u and voted to reject and
rescind
the "memorandum of understand¡ng" agreement that was s¡gned by Ms. Johnson on 4-18-1'1 on
behalf of both Corporations.
(4) There was a vote concerning each of the terms of the agreement and all wefe reiected and
rescinded according to the maiority vote of the Board of D¡reqtors of Heal the World Foundation and
Un¡ted Fleet.
(5) ln particular, the
paragraph
2 section b, was reiected and resc¡nded according to the majority
of the vote of the Board of Directors of Heal the World toundatlon and Unlted tleet
(7) Further. since Mel¡ssa Johnson, was not named in th¡s l¡t¡gat¡on and is therefore not a
defendant
and did not sign on behalf of herself. as an individual, there is no authority to you oÍ
your
cl¡ents to act on her behalf, or have the Power of Attorney for Mellssa Johnson'
(8) Concerning the perm¡ssion for President Melissa lohnson, to act and si8n this document on
beh¿lf of HTWF and united Fleet, ln the transactlon concernin8 the "Memofandum of understand¡ng"
between
the HTWF corporatlon and the Estate of Mlchael Jackson and its affiliates:
(g) HTWF by.ttws sectinn 4,10 of thz HTWF by-laws st^tes: Acti.o,t wiÍhout a Meeting.
Àny action tlhnt may be tøken b! the boørd. of dírectors ot a meeting ttwy be tak¿n w¡thout
a tneeting ¿Í consent í& wt iting, setting
Íorth
the dction so to be taken, shall be sígned
beþre such acüon by øIl of the dìrectors or by the wrítten authotizqt¡onÍrom the
presídent,
(10) It was determined that nothing was
put forward in writing to the Board, by Ms'
-
iohnson
prior to the signing of the
"Memorandum
of undersønding" and no approval was
signed by the memberi of the Board, prior to this "Memora'dum
of Understanding" being
signed, and tho Board maintained in Majority, that approval therefore, was not given and
thereby, was rejected complet€lY,
REDACTED
b
Case 2:09-cv-07084-DMG -PLA Document 175-2 Filed 05/18/11 Page 5 of 18 Page ID
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(11) TUF By-laws Sectíon 2,8 of thc TIJF by-Iaws states: Actìon by Dìrectors wítlnvt ø
Meeting. An¡, n¿¡¡on required or permitted to be taken by the Board of Directors, or any
commiiee thereof, m.ay be takcn without a meeting if all members of the Board or oJ suth
committee, as thß case nte-y be, shnll índividunlly or collectively coßsenî ìn writ¡ng to such
action. Such wrilten corutent or consents shall be
filzdwith
the ninutes of Íhe proceeding
of thc Board. Srch action by written consen shall have the same
force
and effect as ø
manünous vote of such dìrecmrs.
(12) I[ was determined thât nothing was put forward in writing to the Board' by Ms.
Johnson
prior to the signing of the "Memorandum
of Understanding" and no approval was
signed by the membe¡s of the Board, prior to this "Memorandum of Understanding" and
the Board maintained in Majority, th¿t approval therefore, was not given and thereby, was
rejected completely.
The
"Memorandum
of Understanding"
(13) The "Memorandum
of Undersønding" was provided to all Board Members
and the terms were discussed at length by all presont, and the Board voted in the majority'
to completely reject and rescind the agreement, as it would ineparably harm the Heal the
World Foundation and Untied Fleet Corporations.
(14) Please be advised that this letter stands as notice to all parties, that:
.
Both Corporat¡ons rejected and rescinded the agreement and not¡fy all part¡es that Ms.
Johnson dld not have the permission, nor author¡ty to âct on behalf of the Board of
Directors of elther corporation.
.
All attorneys involved, on both sides, knew that both Board approval would be needed
as well as notif¡cation to the Attorney General, ¡n orderto
(
.
but Defendants'were not proPerly
adv¡sed by its counsel, nor
given any t¡me consideration by Pla¡ntiff's to obta¡n Board
Approval.
REDACTED
Mel Wilson
Vice President
Heal the World Foundation
& United Fleet
Sincerely,
$w-
1
Case 2:09-cv-07084-DMG -PLA Document 175-2 Filed 05/18/11 Page 6 of 18 Page ID
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Exh¡b¡t C
Case 2:09-cv-07084-DMG -PLA Document 175-2 Filed 05/18/11 Page 7 of 18 Page ID
#:7339

case 2:09-cv-07084-DMG
-PLA Document 166 Filed 04/19/l 1 Page 1 of 1 Page lD
#:6703
UNITED STATES DISTNCT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES
- GENERAL
:;Qa!þ:ì.,{o:..;' CV 09-7084-DMG
(PLAX)
Date April 19,201I
ll.¡t ,¡
John G. Branca, et al. v. H.@
,.,Pres.ent:',T.he'.IlonÞdbl'e
DOLLY M. GEE, UNITED STATES DISTRICT ruDGE
V.R. Vallery
Anne Kielwasser
Deputy Clerk
Attorneys Present for Plainiiffs:
Court Reporter
Attomeys Present for Defendants:
Proceedings:
COURT TRIAL - FIRST DAY
(PROCEEDING HELD IN CHAMBERS)
The case is called and counsel state their appearance. Counsel advise the Court that the case has been
resolved. The parties are instructed to frle ajoint status repoft no later than May 19, 2011, unless a
stþulation for dismissal is submitted to the Court by the above date. The Court vacates the trial date
of April 19,2011.
:05
cv-90 12 /ro)
EXHIBfi
C-
crvfrJ MrNmEs - cENERiar, rnitiafs of Deputy clerk vRv
ô
Case 2:09-cv-07084-DMG -PLA Document 175-2 Filed 05/18/11 Page 8 of 18 Page ID
#:7340

Exhibit D
Case 2:09-cv-07084-DMG -PLA Document 175-2 Filed 05/18/11 Page 9 of 18 Page ID
#:7341

Page 1 of I
From: Boyajian, N¡na D. (Assoc-lA-LT)
Sent: Monday, May 16,2011 1:03 PM
To: 'Edgar B Pease lll Esq. (edgarpease@gmail.com)'
Cc: Chieffo, Vincent H. (Shld-LA-lP-Tech-ENT-LT); Srour, Alana C. (Assoc-LA-LT)
Subject: RE: Estate of Michael J. Jackson/Heal the World Foundation
Ed:
Thank
you for conf¡rming that
you will not oppose Plaintiffs' ex parfe application to have the motion heard on
shortened notice and to file under seal.
Best regards,
Nina
From: Boyajian. N¡na D. (Assoc-LA-LT)
Sent: Monday, May 16, 2011 9:46 AM
To: 'Edgar
B Pease III Esq. (edgarpease@gmail.com)'
Cc: Chieffo, Vincent H. (Shld-LA-IP-Tech-ENT-LT); Srour, Alana C. (Assoc-LA-LT)
Subject: Estate of Michael J. Jackon/Heal the World Foundation
Dear Mr. Pease:
As referenced ¡n the status report Plaintiffs filed this morn¡ng, Pla¡ntiffs will be filing a motion to enforce
Defendants' obligat¡ons under the Settlement Agreement.
We will be asking the Court, ex
parfe,
to hear the motion on shortened notice, on June 13' 201 1
'
or
somet¡me early in that week, and will also request to file the motion under seal in order to comply with the
confidential¡ty
provision of the Settlement Agreement.
We intend to file our motion to enforce along with the ex
parfe application th¡s Thursday, May 19.
please
advise as to whether
you
are opposed to Pla¡ntiffs' application: (1) to have the motion heard on shortened
notice on June 13, 201 1, or sometime early in that week; and/or (2) to file the motion under seal.
Thank
you.
Nina D. Boyaiian
Associate
Greenberg Traurig LLP |
2450 Cotorado Avenue
I
Suite 400 East I Santa Monica, CA 90404
Tet 310.586.6587 I
Fax 310.586.0587
bovaiiann@ettaw.com I
www.ettaw.com
PLEASE CONSIDER THE ENVIRONMENT BÊFORE PRINTING THIS EMAIT
q
s/17/2011
EXHIBIT D
Case 2:09-cv-07084-DMG -PLA Document 175-2 Filed 05/18/11 Page 10 of 18 Page ID
#:7342

Exh¡b¡t E
Case 2:09-cv-07084-DMG -PLA Document 175-2 Filed 05/18/11 Page 11 of 18 Page ID
#:7343

Page 1 of2
From: Edgar Pease
[mailto:edgarpease@gmail.com]
Sent: Monday, May 16, 2011 1:34 PM
To: Boyajian, Nina D. (Assoc-LA-LT)
Subject: Re: Estate of Michael J. Jackon/Heal the World Foundation
After speaking briefly with my client, I do not have the authority to oppose or not oppose any motion or
€x parte application substantively or procedurally. Please make your declaration responsive to this
notice. thank
you.
Ed Pease
On Mon, May 16, 2011 at 9:45 AM,
<BqysjiêrìN@,Cde¡{.c8!q> wrote:
Dear Mr. Pease:
As referenced in the staius report Plaintiffs filed this morning, Plaintiffs will be filing a motion to enforce
Defendants' obligations under the Settlement Agreement.
We will be ask¡ng the Court, ex
parte,
to hear the motion on shortened notice' on June 1 3, 201 1
,
or
sometime early ¡n that week, and will also request to file the motion under seal in order to comply with the
conf¡dential¡ty
provision of the Settlement Agreement'
We intend to fìle our motion to enforce along wiih the ex
parfe appl¡cat¡on this Thursday' May 19.
please
advise as to whether
you are opposed to Plaintiffs' application:
(1) to have the motion heard on
shortened notice on June 13, 2011, or sometime early in that week; and/or (2) to file the motion under seal.
Thank
you.
Nina D. Boyajian
Associate
Greenberg Traurig LLP
|
2450 Cotorado Avenue
I
Suite 400 East I Santa Monica, CA 90404
Tet 310.58ó.6587 |
Fax 310.58ó.0587
bovajiann@Ettaw.com I
www.etla\¿,/.com
@ereenbergTraurig
ÄLBANY
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AUSTIN
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VEGAS
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WHITE PI.ÂIN5
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AS GREENBERG IRAURIG MAHER LLP
PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING'THI5 EMAIL
5/17/2011
t0
EXHIBIT
Ø
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Page 2 of2
Tax Advice Disclosure: To ensure compliance with requirements imPosed by the IRS under Circular 23Q we
inform you that any U.S. federal tax advice contained in this communication
(including any attachments),
ur¡ess otherwise specifically stated was not intended or wdtten to be used. and cannot be used" for the
purpose of (1) avoiding penalties under the Internal Revenue code or (2) promoting, rnarketing or
recommending
to another
Party
any matte¡s addressed herein.
The information contained in this transmission may contain privileged and confidential information. It is
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If you are not the intended recipient, please contact the sender by reply email and desiroy all copies of the
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Please
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Bir.
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Pease III, Esq.
LAW OFFICES OF EDGAR B. PEASE III, 16255 VCNTUTA BIVd., SUitE 704, ENCiNO, CA91436,
Telephone:
(818) 981-2200; Facsimile: (818) 981-2201
fW-Onf¡Ñf
ÑOTICE: (A) The information contained in this e-mail is intended for the use of the
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(B) E-mail is not a method authorized by law to (i) give legal notic-e, (ü) give notice of legal
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(a) receive any notice (including notice ofex parte proceedings) or (b) accept service of
pleadings or any other legal document.
5lt7/2011
It
Case 2:09-cv-07084-DMG -PLA Document 175-2 Filed 05/18/11 Page 13 of 18 Page ID
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Exh¡b¡t F
Case 2:09-cv-07084-DMG -PLA Document 175-2 Filed 05/18/11 Page 14 of 18 Page ID
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Page i of 1
From:
Sent:
To:
Subject:
Edgar Pease
[edgarpease@gmail.coml
Monday, May 16,2O11 2:14 PM
Boyajian, Nina D. (Assoc-LA-LT)i Melissa Johnson
Status Report
Attachments: Status Report.l 1 0516.pdf
Edgar B. Pease III, Esq.
LAW OFFICES OF EDGAR B. PEASE III, 16255 Ventura Blvd., Suite 704, Encino, CA91436,
Telephone:
(818) 981-2200; Facsimile: (818) 981-2201
IMP-ORTANT NOTICE: (A) The information contained in this e-mail is intended for the use of the
individual or entity to which it is addressed and may contain information that is privileged, confidential,
and exempt from disclosure under applicable laws. If the reader ofthis message is not the intended
recipient, or the employee or agent responsible for delivery to the intended recipient, you should delete
thisì-mail and destroy any printouts or copies. Further, you are hereby notified that any use, printing,
reproduction, discloswe or dissemination of this communication may be subject to legal restriction or
sanction.
(B) E-mail is not a method authorized by law to (i) give legal notice, (ii) give notice of legal
proceedings, or (iii) serve pleadings. (c) The e-mail address of the sender of this message is not
ãuthorized to (a) receive any notice (including notice ofex parte proceedings) or (b) accept service of
pleadings or any other legal document.
r
s/t8120r1
IL
EXHIBIT
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EDGAR B. PEASE III, ESQ. SBN 159919
LAW OFFICES OF EDGAR B. PEASE III
16255 VENTURA BLVD., SUITE 704
ENCINO, CA 91436
Telephone: (818) 981-2200
Facsimile:
(818) 981-2201
Email: "edgarpeas@gmail.
com"
Attorney for Defenda¡lts
HEAL THE \IüORLD FOUNDATION
and UNITED FLEET
UNITÞD STATES DISTRICT COURT
CENTRAL DISTRICT OF. CAIIFORNTA
HN G. BRANCA, Special
ministrator of t}le Estate of
Jackson; JOHN MCCLAIN,
Administrator of tl.e Estate of
:hael Jackson; TRIUMPH INTERNA
NAL, INC. a Ca-lifornia corporation,
Plaintiffs,
EAL THE WORLD FOUNDATION, a
Case No.: CV 09-07084 DMG (PLAX)
DECLARATION OF. EDGAR B. PEASE I
ESQ. IN RE: STATUS REPORT
SETTLEMENT
Complaint Filed: Sept. 29, 2OO9
Judge: Hon. Dolly M. Gee
Dept. 7
Trial Date: April 19, 201 1
ia corporation; UNITED FLEET,
Califomia corporatron; a¡rd DOES 1-
,
inclusive,
Defendants.
DECLARATION OF. ÞI){GAR B. PEASE Itr
DGAR B. PEASE III, do decla¡e that
1. I arn arr attorney at law duly licensed to practice in all tJre cou¡ts ín tfre
State of California including this Federal District Court. I make this declaration
,9
Case 2:09-cv-07084-DMG -PLA Document 175-2 Filed 05/18/11 Page 16 of 18 Page ID
#:7348

from my own personal lceowledge. If called upon as a witness, I cor¡ld and would
testily truthfully and completely to the following
2. I am frling this Declaration in Re: Defendants Status Report Regarding
Settlement.
ú.
m
ed Fleet.
Case 2:09-cv-07084-DMG -PLA Document 175-2 Filed 05/18/11 Page 17 of 18 Page ID
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I swear under penalty of perjury under the laws of the State of California
and the United States of America that tlre foregoing is h:ue a¡rd correct. E\
ecuted this 16ú day of May, 201 1, in Encino, Câlifomiâ.
May 16,2011
.\_--.
lew orrrcns oFEDcAR B. PEAsE Irr
Edgar B. Pease III, Esq.
Attomey for Defendants Heal The Wo¡ld Foundation
and llnited Fleet
Case 2:09-cv-07084-DMG -PLA Document 175-2 Filed 05/18/11 Page 18 of 18 Page ID
#:7350