MY ATTORNEYS ARE PULLING OUT!

Thursday, May 10, 2007


KING & GREISEN, LLP
ATTORNEYS AT LAW
1670 YORK STREET
DENVER, COLORADO 80206

Diane S. King
Paula Greisen
Laura E. Schwartz
Alison Butler Daniels
Jason Cobb
Jennifer Riddle

VIA EMAIL AND CERTIFIED USPS


Re: Brief in Opposition – Recent Phone Calls – e-mails


Ms. King and Mr. Cobb,

In response to the Brief in Opposition of Certiorari, it remains plausible that American Furniture Warehouse Attorneys are definitely accusing my self, and your firm in their legal proceedings, of actions not proven – and it would most certainly be your responsibility in protecting my rights and the arguments pertaining to the course of events, presently unfolding, since they are currently being used as yet another attempt and strategy by the opposition to discredit and divide the client and the attorney.

As they (Jake’s Attorneys) have effectively achieved there initial goals, in driving a wedge into the fabric of a relationship, creating even more dissention in our own camp, I do not believe you have really read the document of March 17, 2006 sent to the Supreme Court Attorney Regulations, that was been previously sent to you.

As you have been leading me to believe over the course of our meetings and conversations, is that; you have been eagerly awaiting a dissention of opportunity, in an effort to relieve yourself of your obligations to me as a client; That very same client, who raised ethical issues regarding the loss of, not only the first wage case, but the termination case where you play an important role, and where those issues pertain to violation of the Colorado Rules and Statues, that I so clearly laid out in the original complaint, filed with the 17th Judicial Court Systems at the onset of this case.

If I received the information, as a fully vested and accredited attorney, that you have received in the past, I would definitely be inclined to be more disappointed, not to mention resentful, frustrated, disillusioned and very angry at the turn of events.

There is a Latin term called Stare Decisis; attached for you information, which means:
“This idea, as expressed by Bagehot, is picked up in the law, as it exists today. When a court decides a case it does so on the merits of the case before it. The court's decision is meant to only affect the rights of the parties, the litigants, before it. The court, however, is obliged to apply settled principles of law. The decision of any respected court amounts to a recap of the law needed to resolve the case before it. The law as it is used in the particular case has a universal applicability to all future cases embracing similar facts, and involving the same or analogous principles. These decisions, many being years and years old, thus became statements of law, to be applied by all courts when measuring the private and public rights of citizens. It is this stream of cases, within the arc of the great pendulum of time, which changes the banks of the law: the common law, thus, as it turns out, is a living, creeping, creature.”

“Do not, however, be mistaken - there, is, a conscious effort by those involved (lawyers and judges) to keep the law pure: not to change it, but to apply it. This principle is called stare decisis, Latin, which literally translated means, "stand by things decided." Stare decisis has come to us as a most sacred rule of law. A judge is to apply the law as it is presented to him through the previous decisions of the court; it is not the judge's function to make or remake the law that is the function of the legislature. However, judges do make law even though they try not to; indeed it is their function, under a system of common law, to do so; but not consciously and only over the course of time, many years, as numerous similar cases are heard and decided. The common law has been and is built up like pearls in an oyster, slowly and always in response to some small personal aggravation, infinitesimal layer after infinitesimal layer. It is built up upon the adjudications of courts”:

"... built up as it has been by the long continued and arduous labors, grown venerable with years, and interwoven as it has become with the interests, the habits, and the opinions of the people. [Without the common law a court would] in each recurring case, have to enter upon its examination and decision as if all were new, without any aid from the experience of the past, or the benefit of any established principle or settled law. Each case with its decision being thus limited as law to itself alone, would in turn pass away and be forgotten, leaving behind it no record of principle established, or light to guide, or rule to govern the future." (Hanford v. Archer, 4 Hill, 321.)

Tyrants can only get a hold of a central system where the rules issue from a single authority (Government) cannot get a hold of a system which depends on a spontaneous participation in the law-making process on the part of each and all of the inhabitants of a country, viz., a system of common law.

I believe it is important that you fully understand the nature of this case, when it comes to the slant being given to it, by the opposition, and the consistent turn of trickery used by immoral men of Law.

You and your firm have continually stated that you were un-aware of all the events from one case to the next, when Julie Tolleson and Michael O’Malley had met prior to you accepting the case – and it was your decisions to split the cases, and thus your awareness of all material things dealing with the case, including the settling of the first case, as mentioned by the opposition – (remember, they said that in this latest brief – as much as noting, that I called someone a “Stupid Bitch” that has never been tried in the termination case, since it was settled under Res Judicata) negotiated through an unclear and undermining manner, and without my approval … or your firm’s.

The wage case started out with them (AFC) owing me the money rightfully earned under his employ, to which prompted my filing a complaint, complete with the statues governing the Law, in which American Furniture violated my rights as an employee, when I was terminated.

The termination case resulted from the issues pertaining to the other issues regarding the returns, tickets being housed, being sent home, having commissions ‘housed’ by the company, the convoluted methods of accounting, selling used merchandise as new – being made to do things outside of the normal course of my duties as a salesperson and other issues, and my constant dedication to those circumstances.

These issues are why I was terminated, not because I settled on how much I was owed, which remains as connected but disjointed from one-another. However, those same issues are governing the real issues that are lying beneath the façade of the “wages” in what was owed to the Plaintiff’s as a whole, or ultimately down to one individual, wherein the others were negotiated away to pay the injunctive court costs and fines levied against each Plaintiff, aside from the one … Mason Ramsey, who refused to settle, because he received a negotiated settlement offer on June 29th, 2006 and later accepted on July 26th where Michael O’Malley took no monies, as an inducement to settle, because I kept telling King & Greisen, “please speak with O’Malley & Podboy to make sure there is not going to be any problem”, since I was being represented by both firms, giving both firms “My express permission to speak with each other at any time, and worked on delivering files from one office to another, while both Michael O’Malley and Julie Tolleson did speak – and while both knew that both cases existed, as did Jake’s Attorneys.”

Remember, I am not an attorney, and moved to make sure that all, were given the same information that I was given, told, relayed and expressed in numerous phone calls to everyone involved at every turn, during those times, while delivering personally documents to and from both firms.

Find a way to connect them legally, and make Mr. Jabs a responsible party, or make the Judges live up to their oaths and give everyone connected to this case the inference, that there is something wrong here, and we do not need to lose, merely because they were more devious in their methods in gaining an upper hand, and your firm losing control over a very important cause, while O’Malley and Podboy are Guilty of judicial wrongdoing from a certain standpoint.

I want your firm to care about winning against the tyranny that Jake Jabs is creating, and the atmosphere in which he believes he can do whatever he wants.

Make me believe that you are on my side, without always giving me the feeling that you are waiting on me to make a mistake, so that you can withdraw from this case, and let them continue violating a law, that you know the Attorney General would have to find in having a cause: in investigating the manner in which (AFC) is conducting his business, through the violation of those statues.

You have plenty of intelligence in knowing how to bring this to a peaceful resolution, knowing some of the things you now know.

Not everyone has to be against me, as the original Plaintiff, while knowing that I went through great measures ensuring that I followed through and continually protested the injustice; not only from the time I began working for American Furniture Warehouse, but now becoming aware of the back door trickery, in the use of language, and to play by an organized set of rules, to which they continually bend to their benefit.

It is and has always been my position in winning, and will not give up – and, you must realize that I will write to my Senators, Congressman, Representatives and anybody else who will read, listen or watch the movie regarding the nasty decline of American or Colorado Justice through the disconcerted efforts of those who will not stand up for their rights, when someone so blatantly disregards those principals.

Do what you have to do, as you know that I too will follow my own heart. Perhaps, some one will listen to my passionate concerns, and decide to do something about them, aside from me … pushing those around me to do the right thing.

As much as you do not like to feel as if you are being threatened, neither do I – and right now: Jake Jabs and his deceitful attorneys are separating the herd – as they have from day one – who can we trust? Each other? I have tried, and look what has happened to a winnable case? Clearly, you are the professionals, but then whom are you going to stand up for, besides yourself and your firm? Is it easier to withdraw from a fight that Jakes Attorney’s are accusing you of knowing about?

If you want to send me the bus schedule, I will understand and try not to stand in the way – because, there is no way that I wish to be under it … at all.

Most respectfully,

Mason Ramsey

“The information transmitted by Mason Ramsey is intended only for the person or entity to which it is addressed and may contain confidential and / or privileged material. If the reader of this message is not the intended recipient, you are hereby notified that your access is unauthorized, and any review, dissemination, distribution or copying of this message including any attachments is strictly prohibited. If you are not the intended recipient, please contact the sender and delete the material from any computer.”

DENIED FOR PUBLICATION, BY THE COURT JUSTICES!

AMAZINGLY ENOUGH! The justices here in Colorado have decided to DENY the Motion for Publication of an Opinion, that contradicts a previous and published opinion, supporting an argument that Mason Ramsey has been waging, against a FAT CAT, named Jake.

What this FAT CAT doesn't get, is that I am going to keep Jabbing at him, until he gets the FUCKING IDEA that this is ONE FUCKING PISSED OFF MOUSE ... and if you're GOING TO EAT ME ... I'll FUCKING KICK YOUR TONSILS OUT on the way down!

I really hate to use this kind of language, but I am really tired of the political bullshit ... and that is exactly what is, nothing more, and nothing less.

I am no attorney, but, I can see past some of the clouds of injustice, knowing there is a great deal of backslapping with the good ol' boys, and it reeks of the ugly stench of keeping the FAT CAT, Jake out of the court room, knowing that while he is one of Colorado's largest employers, he is presently violating its laws, and the recent denial of dissenting opinions only buries it deeper.

When I found out that FAT CAT Jake's attorneys actually wanted the opinion published, I told my attorneys, Diane King, Jason Cobb and Julie Tolleson that; this was something I believed would work to our benefit, in showing that the two previous Judges were contradicting themselves. Personally, I believed that it was a ploy on their part to perhaps throw us off, or gloat. Either way, I told my attorneys, "File a Motion unopposing the Motion to Publish, and file the 'Cert' before the deadlines" because I refuse to believe that this FAT CAT has won a battle, when we we are, and were clearly in the right, with the Law supposedly on our side.

It's all a matter of language and procedure, and now I have to stoop to a level, that will bring him down close enough to grab him by his whiskers, to kick his ass ... by making it public through this medium. Yes, while FAT CAT Jake has enough power to keep it out of the local media, he can not keep it private as long as I've got the ability to speak or write the truth, and make it more of national hayride that ... may eventually become a bestselling novel ... and, if I decide to write, I will call it: "The Great American Furniture Tiger ... SLAIN!"

In my future writings, here and in "The Great American Furniture Tiger .... SLAIN! ... I will publish the names of the Judges and the opinions, including those documents, so that some of those interested, may see; it really isn't fair to the people who work hard for their money, only to be ripped off by a greedy self serving man. Who will stand up to the bully? It just may be my future to fight for the rights of those who know no better. But, then again, if they don't care ... should I? I live in Colorado, a beautiful State to be marred by such ugliness disguised as a great place to work and to buy furniture and accessories

I have bloodied FAT CAT Jake's nose, and injured his pride, because, he never thought that such a little mouse could run him in circles, while his attorneys shrug their shoulders, holding out their hands for the pay out. And neither have those representing me, realized that I too have a will and a want to win!

It's too bad FAT CAT Jake never watched the Tom and Jerry Cartoons. Jerry wins a lot more than Tom. I am the underdog, and if you want me to go away, don't make me your enemy. It could have been handled easily enough with a conversation. I don't believe I have ever given up easily.

(More to come ... unless, he kills me or makes peace, either way ... it will be a headline eventually ... right?)

the UN-AMERICAN COLORADO FURNITURE WAREHOUSE!

It DID NOT seem that long ago, when I felt that I was constantly pumping a dry well, that occasionally produced a mere trickle of water coming from the spout ... and only enough to keep my mouth from caking into crevices large enough to warehouse furniture made in China.

After being fired from a position as a salesman, while working for an American Company selling furniture, mainly coming from outside of America ... I took it upon myself to follow the rules and procedures laid down by the State of Colorado, in asking for my wages through a demand for payment, only to be snubbed ... not only by the State Agency; the Colorado Department of Labor and Employment, but also by the company itself.

My termination came after nearly two years of constant harassment and humiliating treatment, that began on my first day of being "On the Sales Floor" where ... after selling almost $20,000.00 worth of merchandise on that first Saturday ... I was sent home just after 6:00pm. It was then I knew that I would have to be very careful, since I had already incurred the wrath of the store manager, mainly because I had been accused of a procedure called, "Stacking," by another salesperson, one of approximately fifty-five others.

Stacking is when a salesman endears him or herself to a customer, who wishes to work with him or her, while they are continually helping others. Of course, it's a very fine line knowing that; in sales it becomes a bit of personality between the customer and the sales person and will take some time ... since buying large ticket items are not easy decisions that are made so easily.

And so, it was on that day, that I decided to keep very detailed records and a journal regarding all of the invoices, hours, names, dates and every little nuance regarding the business of selling furniture for Colorado's largest Furniture Warehouse and possibly the largest in America.

And in keeping those records, I also began reading the Colorado wage laws pertaining to the regulations of a commissioned sales person, knowing that I was also being required, by this company to be a cleaning man, telephone operator, furniture mover, inventory clerk and tagging administrator, aside from attending sales conference and training meetings ... and being an accountant in certifying the convoluted method of a constant retail mess this company created for its employees and customers.

And with this, so begins the story of Attorneys Michael O'Malley and Ronald Podboy who were recently sanctioned by the Colorado Attorney Board of Regulations while representing a group of employees who had filed a lawsuit against American Furniture Warehouse. This is a story that began with one plaintiff, Mason Ramsey, (me) who filed an initial drafted complaint and argument in the 17th Judicial District of Colorado in Adams County, which eventually blossomed into representation from the aforementioned attorneys with an additional forty-five (45) plaintiffs, and ended up in clustered quagmire of deceit and treachery.

This is a true story, and so I should have no problem with any liabilities ... knowing that "The Truth is its own Best Defense."

However, I have been warned that Jake Jabs is a very vindictive and vengeful individual, to which I have witnessed first hand, while in court at end of his middle finger, after a mis-trial was declared in his favor, at the hands of Judge who made it easy to allow the mis-steps in any judicial justice.

If you will take time in following this story, you will come to know that; all is not fair, even through the legal and judicial system ... but I am about to lay it out in a public forum, to give anyone who will read and understand this simple statement; if you do not stand up for your rights and convictions, you are bound to be pushed down and mired in the muck of it all.

I am not afraid of people like Jake Jabs, his sneaky attorneys, my former attorneys, my present attorneys or the judicial system - because; I HAVE DONE NOTHING WRONG. (To be Continued)

JULY 2001 THRU OCTOBER 2002

This story really began long before I knew it had ever begun. A story constantly changing the economic events, that were ruled by the domestic tides in my LIFE, and where I began working with a company, American Furniture Warehouse in Denver, Colorado in July 2001.

After migrating from Tampa, Florida in July 1997 upon the third or fourth, and final split from my soon to be ex wife, I began working toward the rest of my LIFE.

I had at one time, while working in broadcasting, also doubled as a furniture salesperson in the Tampa Bay area, even while working at a major television station WTVT-13, among other things. It was where I struggled to earn a living and to pay the surmounting bills, surrounding the needs of a wife and three children.

And so, I recognized a tremendous opportunity while shopping at American Furniture Warehouse in Aurora, Colorado when my wife, Judi and I were unable to find any help from a salesperson where hundreds of customers were milling about aimlessly.

After a few quick questions from a passing salesman, I ascertained that it would be a commissioned position making 4% of delivered sales, including spiffs, which are bonus monies on extras sold to customers, or on merchandise sold: that the company wanted to move from off the floor or out of the warehouse.

And so again, it came to pass, that I applied for a position with American Furniture Warehouse, but with the hopes of not being a salesman, but rather an advertising and marketing person. However, I was told that everyone who begins working for the company, and who wanted to move into one of those positions in the company, would have to start on the sales floor.

After passing their mandated drug screening, I was going to spend a week in sales training and then I would be ready to begin selling furniture, bedding and accessories for Colorado's largest furniture company, American Furniture Warehouse, under the direction of a very greedy self serving man.

(This story continues and will cover the chronological events of lies, deciet and misgivings of what can happen to people if they stand by and allow people to run over them ... and it will make for a great novel.)

STAND BACK ... I'M GOING TO UNLOAD!

Perhaps it has come to be a time in my LIFE, where I have no other choice, but to begin unleashing the TRUTH as I have lived it.

There have been a lot of things that have been going on with my LIFE behind the scenes, that do not mix well with in an atmosphere involving my professional career, if a professional career, is what it can be called ... if anything at all.

This introductory article is designed to give those of you reading this ... an opportunity to begin following a progressive trail of truths that I have been embroiled in, while working to develop this ongoing 'Professional Career' at this stage of my LIFE.

While this world is racked by an ever increasing tide of turmoil, strife and grief, it can only be a small measure of a cure in applying any antibiotics, to think that I may have some influence on any outcome, even from this small corner of the planet.

However, I know that I really have no other choice in the matter, since I am being forced to turn to this medium in bringing these 'Truths' to light. The reason being, is that the Judicial system as I have come to know it, really isn't as fair ... or, the playing field as level for people like me, even when I have taken extra precautions in protecting my rights as an individual.

The reason; it all boils down to Greed, and the Power of major corporations and the manner in which they feel as if they can run over people they think are insignificant. Guess what ... I am not someone who is as insignificant as they may believe. My problem, is that: I am not as politically connected or have a bottomless well of funds in fighting the GOOD fight, so here I am taking it to another level, even after exhausting nearly all of my legal remedies.

And after being advised by my present legal counsel King & Greisen, Attorneys at Law on the possibilities of incurring the wrath of my current adversary, an American Furniture company not more than two days ago ... I politely reminded them of one simple thing: the truth is its own best defense. So I do not have any worries on writing, or posting any and all notes, letters, legal documents, comments or recordings pertaining to this very powerful adversary, who I believe, after researching the Colorado Statutory Wage Laws is using the legal judicial system to continually violate and narrow the scope of arguments, while manipualting and maintaining his position.

Since I worked for this company for nearly two years of my LIFE as a salesperson, keeping very detailed records; I have extensive inside knowledge on the convoluted accounting methods and tactics used by this company in "Housing" a salesman's salary and selling merchandise to customers, that may have already been used by others.

I will gladly publish those details knowing that I am not telling anyone, any untrue stories, and neither am I working to slander or defame this company, but merely show the world and the State of Colorado that I personally do not like being treated as I have been - while trying to make a living and knowing that I and others have been swindled out of fair compensation.

So, if you are reading this beginning article, I plan on divulging in chronological order all of the sordid details pertaining to the mal-practice of my former attorneys, Michael O'Malley and Ronald Podboy who have already been sanctioned by the Colorado Attorney Board of Regulations, and the sorted lies and deceit perpetrated by the opposing attorneys.

If I can not receive fair and ethical treatment in a court of law, perhaps I will receive some sort of justice in a court of public opinion.

This is not a whine by any stretch, but it will give you a lighter feeling once you start drinking in some of the truth behind the true story. I was told that I could suffer a tremendous loss if I chose to pursue this losing proposition. But, it wasn't a losing proposition for some of the activists and whistle blowers of the major movie blockbusters, like Erin Brockovich or others who have risked all ... in telling a story against the major conglomerates who thought they could do what they wanted, because they were above the law.

Damn! Maybe I should write a book!