NorthPoint shareholder expresses dismay to Trustee Schoenmann for settling the lawsuit
August 1, 2002
Ms. Schoenmann,
I am a Northpoint shareholder and as you probably already know, I am very distraught over your settlement decision in the Northpoint case. I don't understand how you could make very misleading statements just weeks before the trial was set to begin. You continually said that Northpoint had a very strong case, and that $4+ Billion was not out of the realm of possibility. You even go as far as to invite shareholders to attend the trial, for the fact that it might help to influence the jury, because of the human element that was affected by the cancelled merger.
The Northpoint estate just on July 12th, received a greenlight from the court to pursue the claims of Fraud and Negligent Misrepresentation, that in your words "could make the case potentially worth $4 Billion", yet you inexplicably decide to settle the lawsuit just 3 days before the trial was set to begin. You said to us all, that you were going to "Aggressively" pursue the claims of Fraud and Negligent Misrepresentation. Why would you continue to make these claims to the public, shareholders, and media only to completely reverse you decision and decide that 4% of your stated potential value was sufficient. You also stated "However, based on the results of the mediation and conclusions of experts regarding the likely level of damages, the most likely range of recovery at trial did not exceed $750 million", what I would like to know, is where did these experts come from? Who are they, and why was their expert decision suddenly used just 3 days before the trial.
You gave no inclination to this outcome at all, and everyone fully expected a trial to begin July 29th. I personally find it very hard to accept this outcome, knowing that you will have a monetary gain of over $5 million. So to you, yes this probably is a very good settlement, but you Ms. Schoenmann, did not fulfill your fiduciary duties in maximizing the Northpoint estate, which includes us, the Equity Holders.
Let me remind you of a little message you wrote to another shareholder " I am the trustee of the bankruptcy estate, and as such I am responsible for representing the interests of creditors, and also other parties in interest, which includes shareholders. I have employed counsel for the estate, and special counsel to pursue the litigation. It would be inappropriate for me to employ counsel to represent any particular interest. My obligation is to represent the bankruptcy estate as a whole, without regard to any particular interest." Do you feel that you completed your duties without regard to any particular interest? Well I sure don't, not knowing your previous statements and then reading this one, "The settlement is in the best interests of NorthPoint's creditors,'' Schoenmann said. ``The litigation proved to be a very valuable asset.''
I personally believe you have misled investors, and I believe we have a right to know who your experts were that came to those conclusions on the likely level of damages, and what other negotiations went on behind closed doors? I don't believe you a person that stands to gain a significant amount of money from this settlement should be allowed to determine and put a monetary amount on the level of Verizon's guilt. This case should have seen a jury trial, where an unbiased group of people would determine either Verizon's innocence or guilt. I will also do everything within my power, that I can, to expose your dealings with us to the Media, Bankruptcy Judge, Congress and the Senate. Thank you for your time
Ryan XXXXXXX
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