Document 28
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FINGER
& SLANINA,
/\r-r
LLC
i\1-"1"()I~Nt~YS
I~j\\:V
David L. Finger, Resident, Wilmington Office: One Commerce Center, 1201 Orange S1., Suite 725 Wilmington, Delaware 19801-1155 Ph: (302) 884-6766 I Fax: (302) 984-1294 E-mail: [email protected] www.delawgroup.com
July 3,2007
Via E-Filing The Honorable Gregory M. Sleet U.S. District Court for the District of Delaware 844 King Street, Lock Box 19 Wilmington, DE 19801
Re:
Christ v. Cormick, et al.. C.A. No. 06-275-GMS 1 Elan Suisse Ltd. v. Christ, C.A. No. 07-60-GMS
Dear Judge Sleet: In anticipation ofthe discovery teleconference scheduled for July 5, 2007 at 9: 15 a.m. in the above-captioned matter, the parties jointly submit the following items to be presented to the Court. The issues all relate to the scope and terms of a confidentiality stipulation and order. Initially, the parties have agreed that (i) Mr. Christ will not post or discuss on his website any documents or other information disclosed in the course of discovery, and (ii) documents and other information disclosed in the course of discovery will not be used for any purpose other than the above-referenced litigation. Beyond that, however, the parties have been unable to resolve the following issues regarding the scope ofa confidentiality stipulation (the wording ofthese issues stated below has been approved by counsel for all the parties): 1. Whether the non-Christ parties are entitled to a provision in a confidentiality order prohibiting disclosure of discovery documents to third parties, to protect the privacy rights of parties and non-parties (subject to the provisions of issue number 3 below).
Decision on a motion to dismiss is pending in Civil Action No. 06-275-GMS. Although the Court indicated at the scheduling conference that this case will proceed in some fashion, the parties remain unsure as to which of the defendants will remain in the case and which (if any) will be dismissed. As such, the parties have agreed that (i) until the Court issues its ruling, Mr. Christ will limit his discovery requests to Mr. Cormick and the Elan Suisse entities, and (ii) the non-Christ parties' appearance before the Court on this (or any other) matter shall not constitute a waiver of their claims in the motion to dismiss, including the claim of lack of personal jurisdiction.
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The Hon. Gregory M. Sleet July 2,2007 2
2. Whether there should be included in the confidentiality agreement a designation of"HIGHLY CONFIDENTIAL,"" which would restrict disclosure to attorneys" eyes only (subject to challenge by the non-disclosing parties). 3. Whether., if any party has a legitimate need to disclose discovery documents and information to third parties, such as experts, private investigators and/or third-party vendors, such third parties must first sign an undertaking to be bound by the confidentiality order and subject to the jurisdiction ofthis Court, with such undertaking to be delivered to the disclosing party before disclosure setting forth the name, address, telephone number and e-mail address of the proposed recipient, with the disclosing party to be allowed five (5) business days to object to any proposed disclosure before such disclosure occurs. The non-Christ parties submit the following exhibits in connection with this matter: Exhibit A, consisting of excerpts from Mr. Christ's website, and Exhibit B, consisting of recent e mails from Mr. Christ to Dr. Cormick. Mr. Christ submits Exhibit C, constituting e-mails between Mr. Christ and Dr. Cormick.
Respectfully,
)
cc:
Clerk of the Court (via CM/ECF) Thad J. Bracegirdle, Esq. (via CM/ECF)
Case 1:07-cv-00060-GMS
Document 28-2
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If anyone has a current picture of Cormick subsequent to his cosmetic surgery, please
forward it to me so that I can post it here. We are mostly interested to know if this
surgery was just a face-lift or if it was done to alter his appearance in support of a
change in identity.
May 17, 2007 Update:
Still more from our researcher in the UK:
»Here is some more background on your new spouting friend, the Blue Whale.
bJ1P;!h!hil§,{=t~IV1Jia.bil~iQllr11qls_&\.lDJLl)hjJfld~lplti'!l~tQriG~L2JI{17/Q2lJ 9j~1~11bJ. J)JIDJ
Did you know there was a Nicogel USA LLC ??
«
We have a new player here! There is not much relevant information on the web about Denise Methlie of Avondale, Pennsylvania (just some confidential medical information from 2004 - I cannot understand why it was allowed on the web in the first place [Denise, you might want to have that removed]). I have very little information about both Nicogel USA LLC and Cotrex LLC (you might remember them as the company to which Dianne Marshall assigned her ownership interest in Nicogel Ltd. some time back) since they are both based in the 'regulation lite/non-transparent' venue of Nevada. We will research more.
S_TAIE_~&~T
ON_I1IE__ ~ICOG_EL _ CD1\IXANIE_S_AND_J~JLL __lYHAkEN
I have been getting a lot of [both direct and indirect] correspondence from Bill Whalen about this fight as not being his fight. His repeated requests [and demands] have been to leave him out of this battle over return of my stolen property. Elan Suisse and minions ran an investment scam bilking me of over US$250,000. Those funds were diverted to fund [in part] the startup ofNicogel Ltd. Bill Whalen is obviously profiting from his relationship with a company started up and funded with money stolen from me. Bill Whalen knowingly and willingly entered a battle zone (he was warned by people other than me before he entered this business arrangement with Walters) and now wants to be kept out of this fight. In my opinion, that is the similar argument to buying a stolen stereo system at a substantially reduced price then righteously arguing a clear conscience such as "I didn't steal anything." So, Bill Whalen and Blue Whale [in my opinion] are a party to this battle for the return of my stolen property. Here is an except of correspondence between myself and Bill Whalen from March when he demanded I remove him from this web site: »Gosh Bill, let's follow along - Cormick used Aquacine as an enticement in order to steal $250,000 from me and my family. The money was used to promote Aquacine that became Nicogel. Therefore, Nicogel was partially funded with stolen money (and the worst kind because that money was stolen from me). So, you got into business with Nicogel in the midst of a battle over my stolen money. You remind me of someone that would buy a stolen stereo system for a substantially reduced price under the guise of "I didn't steal anything... ". · Russell warned you. · I warned you.
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· You ignored all of the warning signs, and · Now this negative press is hurting your business and you are blaming me? · I do not accept this blame. As far as I can tell, you acted irresponsibly by
ignoring all of the warning signs that were staring you in the face.
· You chose to do business with crooks. It was your choice. · I would like to add that I am also an honest businessman - and that counted for nothing as these crooks stole my life's savings (easily, quickly and efficiently since I'm just a dumb trusting Southern hick). Don't whine to me about your loss, pal. If I would have had any of the warning signs you had I would have dropped these jerks like a bad habit. You obviously were not spending your own money or else you would have more carefully considered your investment decision. I was spending mine. And I fully intend on getting it back. If that effort hurts you, I feel zero sympathy for you. If you want to enjoin this legal battle then quit whining and get on with it. You can also sit in on the trial in Wilmington if you are curious.« It might also be interesting to note: 1) Walters is a convicted criminal. That might be at least a consideration while reviewing any information issued by him or his minions. 2) There is conflicting information provided by his company that is published in press releases. In other words, it can be proven that he has lied about how much product the company has sold. 3) Nicogel's ownership of the technology could still be in dispute since I have not found if the Patent Office suit was ever resolved. 4) There is a complaint pending against Nicogel that argues his product is a medicine and should therefore be regulated. This complaint is backed up with a compelling argument.
May 18,2007 Update I have several people doing QC on this web page. One reviewer made some comments
on notes 3) and 4) immediately above:
»Re number 4 - I wasn't sure whether your comment referred to US or UK. I can only
read between the lines that Walters and UK MRHA are in a spat. Interestingly there is
NO promotion ofNicogel here. Perhaps unlike The Blue Whale(n), Walters is broke???
It seems from the FOI information 17 May post that MRHA have yet to decide on
legality ofNicogel
re 3 - I think that the suit was about Ready-to-drink RTD medicines patents, not
Nicotine gel.
There is a patent PENDING for nicotine gel, from Cotrex LLC (=Walters I bet) (See jan
24)«
So, I stand corrected on 3) above. I do not know if the Nicogel technology is in
dispute. As a matter of fact, I don't know much at all about the Nicogel technology.
It's probably so complicated that only Walters can understand it. Investors, don't try to
understand it - just pony up your money.
More from our researcher in the UK:
»FDA and Nicogel:
IlttP_~L!Yl_'Jl~. frlf!~ili!_ylQr?J/p~t~i~L3lQxfJ=QJlsi~=-Q=-gh_~htm.l
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along with Bob Wass and Michael Wolff whom were all attempting to put together a North Pole scuba diving expedition of their own. I was there as an exhibitor for my (at the time) new company VideoRay. I obviously looked haggard after spending 2 months attempting to get 80 people from allover the world to Southern Chile then to the South Pole and back. Everyone on the trip had issues which took its toll and finally, at the end of the trip, I had felt as if I had been through a meat grinder. When summarizing the trip to Cormick at the show, he was solicitously complimentary of me - and he was about the only person to do so. I felt like I had a friend for life. He felt like he had an easy target. And that, folks, is where this all started. It is said that pedophiles spend years cultivating their targets. Scam artist do the same. They are apparently the same personality. One of Cormick's family members had claimed Cormick as a pedophile, but I had discounted that since it occurred during a nasty divorce proceeding (claims of pedophilia are common during child custody battles). But from the information I have received recently, I am not so certain anymore. Tomorrow we will take up the story of the man who ran Cormick out of England then we will re-run Cormick's history based upon the updated information obtained during this trip. This is good fun - the investigation is blossoming!
June 26,2007 Update Last Friday, I had a lovely afternoon with an English couple whom had a particularly bad two [plus] year experience with Cormick. The gentleman in question (whom prefers to remain anonymous for privacy reasons) is in the IT business as a programmer/businessman. This man has a deep technical background in both stock trading and in programming. He conceived and jointly financed the development of a technology for performing secure stock and foreign exchange trading over the internet during the early 1990s (during the net's early years) and sought to bring this product to market. This brought him into contact with one Brett John Cormick (the self proclaimed 'financial engineering wizard').
For a small £10,000 per month retainer (the proceeds of which would be deductible from the proceeds from financing once they were obtained), Cormick committed to raise capital for this new venture. What struck me while I heard this story was the stark similarities between this man's experience and the scam pulled on me in 2004. Cormick (instead of producing marketing materials and business plan) had this man and his wife producing all manner of marketing materials for the proposed 'road show' to promote this technology. Cormick had these folks manufacture document after document upon which he would blithely order up wholesale reworks of the materials. It was obviously "Make Work" (but they did it anyway). It was difficult to secure time from Cormick and establish progress until the end of the month (whereby substantial progress was magically being made in the last two to three days of the month), but the funding was just about to pop - and the £10,000 "retainer" needed to be paid in order for any further work to be performed. .. Cormick would throw around big names. He used John Dupont's name for a 'definitely interested party - you are in the big league now' just as he did with Gordon Subloo. You might remember John Dupont as one of the heirs of Dupont Corporation - whom was eventually jJlil~~lj~~!r_k:il1irlgiJlls;Qi~hi~J-1r('1t.~g~ ._.__._ ___ . while on a delusional fit (in other words, he was mentally deranged). After four months of this game being pulled on this unsuspecting couple, no funding
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entered a motion to dismiss for lack of personal jurisdiction [sound familiar?] with t~e Johannesburg court - a claim my attorney felt he would succeed in processing SInce we were never able to determine where Cormick lived. · Elan Suisse lost its Financial Service Provider license with the FSB in South Africa in 2006. · I entered suit against Cormick and company in April 2006 in Federal Court in Delaware. Cormick and company later sued me for defamation in Montgomery County court in Pennsylvania. · In August 2006, Cormick was arrested in Zimbabwe on suspicion of fraud and externalization of foreign currency. He got out of prison then quickly fled the country thus escaping the charges. · In December 2006 (after I had the defamation case transferred to Federal Court in Pennsylvania), Judge Pratier transferred the defamation case to be combined with the civil fraud case in Delaware. · The remainder of this story and the current status will come out in court next May. Needless to say, Cormick's CV used to run countless scams is a fabrication. His title of
Doctor is highly questionable due to the status (or lack thereof) of the issuing institution
(the shut-down diploma mill). His claimed title of "Managing Director, Director and
Consulting Director for several of the largest and most respected financial institutions in
Europe" has been confirmed as c~mplete and utter rubbish. Since Cormick has already
entered suit against me for defamation, I feel it only proper to complete the story here
since we are going to talk about all of this in court anyway.
Discovery is due to my attorney from Cormick et al by next Monday. We will have
plenty more to discuss next week. Until then, have a nice weekend and July 4th holiday
(Independence Day here in the USA)!
June 28, 2007 Update
Well, in our last episode of "Scum City", we were revealing the "Evil Dr. Cormick" and
his sordid past but the Walters story keeps rolling along requiring some attention there.
This overnight from the UK Sleuth:
»Some exciting developments in the UK! Remember Dietgel? htt12JL!-y}-v\y~canlbrigge
ItQ}Y~.~QQ_~lJJ~Lhluiin~_~SL!19y~~sL2Q{)_7!J) 1.LO_2J~L'i.!Q_5(j6JI5!=J_Q4~1.,._4_~L~ld~-c2_~·Lc-=_4RfRQ022~_~t7 ~lnt'
5
"Rubbing his hands all the way to the bank, the doctor is not unambitious when it comes to predicting the sales performance ofDietgel: "We will have to open a bank on the moon, " he says, "change the tide when we cash the cheque. " Well, it is with regret that we have to chalk up a SUCCESS for The Hon John Walters. He has dumped Dietgel (the green tea extract) and Recharge Gel (caffeine) on the poor unsuspecting Anthony Winterbourne. We guess they must have met in the car park at Saxon Business Park. We did try to warn Anthony Winterbourne off, but to no avail. Since then he has tried 8 times to sell a tube of Dietgel on eBay - without a single bid! Winty1976 as he is known [note: do a Google search on "winty1976" to see Winterbome's surreptitious promotional postings - RDC] has been a little bit naughty in the way he promotes the caffeine gel to students e.g.
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guys are good! June 30, 2007 Update In ~ur last episode of "Scum City", the evil Drs. Connick and Walters had again done theIr dastardly deeds. But our crack detective (the UK Sleuth) is hot on their trail again uncovering still more scumbag schemes:
»w~~JJj~Qg_~LmQQi '" New Swiss supplier of Nicogel.
Claims (translated)
Dr. John P. Walters is a biochemist and one of the directors in the American white house
After many scientific tests Dr. Walters is absolutely inspired over Nicogel®. He says:
"Tests showed that from 200 persons, who smoke on the average 20 cigarettes per day three quarters can reduce your consumption fast to 7-11 cigarettes; Nicogel® even helped many to give a smoking up completely. "
Do you think John P Walters - US "Drugs Czar" and our own Botty are related? This outfit is run by Patrick HolzeriDfQ@p_~tr~~_~:nQl?:~r~cQm
What we are seeing is a rash of distributors is an eBay shop - who have no doubt "invested" in Walters only to find that they are competing with each other.«
Chaaaaaaaaaaaa-Ching!!! So, Brettie and Botty strike again. Stay tuned for our next episode where Brettie and Botty produce insufficient discovery documents (due on Monday to my attorney in Wilmington, Delaware) and I counter with an endless series of motions to compel production of these documents. Have a nice weekend!
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David L. FinH!!'--From: To: Cc: Sent: Subject:
"Bob Christ"
"John Walters"
Cormick"
Wednesday, May 30, 2007 10:05 AM
The Rules
_
I certainly hope that today finds you well. I am also sure that your attorney has notified you of my document request directed at Elan Suisse (USA, RSA, Jersey and UK) and The Brilliant Dr. Cormick. The rest of you will be served by week's end. Brett, do you think I've found the Bahamas, Seychelles and Dubai organizations yet (perhaps this is what will finally get you back into jail)? Here are the rules: 1) Any withholding of evidence will be treated with the harshest of penalties. I am sure you guys are going to withhold practically everything - and I have already made preparations for that. 2) Any evidence you would like for me to produce should be listed so that I can put it up on the web site and you can then see it along with the rest of the world. There are a whole bunch of people telling me that this thing is really entertaining. I think they should not be kept waiting. 3) Barring any copyright issues, I'll just post what you guys send to me up on the web site as well. I've got plenty of server space! I know that you guys don't care, so what's the harm? And the truth shall set you free!!! Embrace it. I have done a considerable amount of work on this case. I plan on spending the July 4th holiday doing a line-for-line analysis of what is sent to me to what I have in my files so that I can start issuing the contempt of court requests. As soon as we work through all of that, we'll start with the interrogatories. By fall we'll get to the depositions. I again restate my commitment to you all - you will not keep the money that you stole from me. And I believe that Brett and John need to go back to jail where they came from. But that's just one man's opinion. See you guys in Delaware, and, have a nice day!
7/3/2007
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-----Original Message---- From: Bob Christ [mailto:[email protected]] Sent: 14 June 2007 15:39 To: Brett Cormick Cc: zQg(@sey<:h~lles.net; ~~(lrter(@eC;QJ)et_~co~zw-; JOhll Walters;
qi~pne .mar~hall (@11i~9g_~ 1- uk.com
Subject: Discovery I)ear Dr. "Walter Mitty" Connick (a/k/a 'The l'ar Paper Doctor'), What? You are afraid that I will use the discovery to again show tIle world that you are an utter and complete fraud? Why don't you sue me? What? You already did?!?!? Perhaps you just didn't spel1d enough money on the case. You need for Anthony, Peter and Zog to pony up more money and perhaps then you can succeed in the empty threats you have issu.ed thus far.
Come on guys - isn't there anything that you can do to stop this? That's it! Spend more money on legal expenses. That way you can turn a completely empty case where you are as guilty as sin into a huge settlement against 'Big Bad Bob' (whom is injuring your 'Excellent Worldwide Reputation').
All of this information is going to be open and transparent for the world to see. Are you afraid of the truth, Brett? Because the truth is very-very ugly. Everyone is giving me statements. You can read thelll in court Or, alternatively, if you issue the document request I'll just post them on the web site and you can read it whe1l everyone else reads it. Then we'll read it in court. I already have plenty enough to win this case. Now I'm working on cranking up the punitive damages. Go whine to the judge. I am sure he will be sympathetic to your woes. Poor Brett.~. Bob
6/27/2007
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-----Original Message---- From: Bob Christ [mailto:[email protected]]
Sent: 14 June 2007 18:44
To: [email protected]_.~Qro; 'Dr Brett Cormick'
Cc: zQg@~~YGJ1~JJ~~.net; [email protected]; John. [email protected];
diarule.m~rsh~Jl@ni9_Qgel-llk.coln
Subject: RE: Discovery And you have been a very naughty boy, Brett. When is this all going to end? Everyone is hemorrhaging money (except for me, of course, since I am now spending your money - and you, of course, because you are spending everyone else's money - and John, of course, because he doesn't have any money - it sort of compresses on to everyone else who is left now doesn't it?!?!?). I reject your demand to keep this investigation confidential. I will not agree to anything of the sort. Any move in that direction will be read as an attempt to stop an open and honest investigation into this case. The worst enemy of the con artist is the truth. We will all see the truth before this is over and it will set us all free!
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