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UPS/MBE Corp. Circumvents Civil Procedure, Faxes Notice 8 p.m. Friday about Monday a.m. Federal District Court Hearing in New Jersey Jurisdiction

UPS/MBE Corp. Circumvents Civil Procedure, Faxes Notice 8 p.m. Friday about Monday a.m. Federal District Court Hearing in New Jersey Jurisdiction

Published 02-06-06

Submitted by MBE Platinum Shield Association

SAN DIEGO--(BUSINESS WIRE)--Feb. 6, 2006--

UPS Sends After-Hours Fax of Intent to Sue Individual, Attempts a
Change of Los Angeles California Superior Court Venue Giving
Plaintiffs and Attorney No Court Location or Details

WHO & WHAT:

Independent mailbox storeowners Mike and Martin Senoff of Lawrenceville, New Jersey were astounded on Saturday morning. An employee handed them a fax from UPS/MBE Corporation. Sent 8:08 p.m. Friday, Feb. 3, the faxed letter was from attorney Keith E. Smith, New Jersey representative of the law firm Gray Cary Piper Rudnick, LLP, defending United Parcel Service-Mail Boxes Etc. in lawsuits brought by 150 Mail Boxes Etc. stores. The suit, filed April 25, 2003, alleges breach of contracts and other causes of action.

The fax advised the Senoffs, who have managed their store for ten years that UPS/MBE intends to file suit against them Monday, Feb. 6 in the United States District Court for the District of New Jersey, Trenton Division. The Piper Rudnick, LLP, law firm fax says they represent UPS/MBE in an effort "to seek a temporary restraining order and an order to show cause to enjoin you from further violation of the post-termination provision of your franchise agreement."

Mike Senoff immediately contacted attorney of record Miles Scully of Gordon & Rees law firm in San Diego. Mr. Scully found the he had also received an 8:08 p.m. copy of the fax from Piper Rudnick. Mr. Scully and associate Amy Darby spent Saturday responding by fax and e-mail to Piper Rudnick, citing alleged multiple legal violations on behalf of UPS/MBE including knowingly violating the rules of civil procedure, directly contacting clients represented by legal counsel, providing insufficient information regarding proposed legal action and other claims. Mr. Scully also articulated to the UPS/MBE attorneys that the courts determined in 2003 that all litigation with the Senoffs and the other 149 plaintiffs in this action, case number BC 294647, were under the jurisdiction of California law.

WHEN & WHERE:

The faxed Monday hearing notice has no time or specific location where the plaintiffs are to appear. According to the Web Site for the United States District Court for the District of New Jersey, http://pacer.njd.uscourts.gov, the Trenton District Court is located at the Clarkson S. Fisher Building and U.S. Courthouse, 402 East State, Street Room 2020, Trenton, NJ 08608. UPS/MBE law firm Piper Rudnick, has according to Attorney Miles Scully, "failed to provide the time, the department or the judge who will be presiding."

WHY:

A trial date in Los Angeles Superior Court is scheduled to be set on February 14. UPS/MBE has recently targeted at least one other individual storeowner involved in this action. This storeowner was falsely told by UPS/MBE that the corporation had a restraining order against her and they would be taking her business phone number. Mr. Scully is alleging that the defendants in this case are possibly harassing individual plaintiffs.

NOTE TO EDITORS: Background materials and interviews are available. Howard Spanier 310-456-2733 cell: 805-279-4319, Joe Wightman, 212-964-5528, cell: 973-763-0779, Miles Scully, attorney at law 619-248-2691 or Mara Woloshin 503-241-3834; cell: 503-310-4504.

CONTACT:
All hours, including weekends
Woloshin Communications Inc.
Mara Woloshin, 503-241-3834
cell: 503-310-4504

Copyright Business Wire 2006

MBE Platinum Shield Association

MBE Platinum Shield Association

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