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To read comments to this article, go here
Canopy Subpoenaes the Affidavit Chorus (Canopy v Kreidel)
Saturday, February 26 2005 @ 09:13 AM EST

The lawyers for the new Canopy Group seem to have noticed that all the affidavits submitted by the Yarro et al team sounded remarkably similar, and they seem to have a theory. They seem to suspect that the employees left Canopy not because Mr. Mustard was mean but because they want to hold on to their stock options and have a promise of their old jobs back if Yarro and the gang are reinstated to their old positions. They seem to believe they all got together and strategized, including about matters having to do with the health of the Noordas and their quitting Canopy, beginning with December 17th onward. They seem to believe that there has been some communication with at least one Portfolio company (hmm... which one, I wonder?), and they'd like to know if anyone is offering to or is paying their legal fees. They also have some questions about those stock options.

They'd like to be able to prove their theory, so they have sent subpoenaes to the following:

Allan Smart
Frankie Gibson
Barbara Jackson
Joyce Wiley

The list of documents they want to see is long.

This is what Canopy asks for:

1. All documents referring or relating to any communications you have had with Ralph J. Yarro, Darcy G. Mott, and Brent D. Christensen, including all phone records, cell phone records, and emails, from December 17, 2004 and thereafter.

2. All documents referring or relating to any Canopy stock, stock options or stock certificates allegedly held by you or any other present or former employee, officer, and/or director of Canopy.

3. All documents referring or relating to any communications you have had with any past or present employee, officer, and/or director of Canopy from December 17, 2004 and thereafter, including all phone records, cell phone records and emails.

4. All documents referring or relating to any communications you have had with any officer, director, or shareholder of any of the Portfolio Companies, from December 17, 2004 and thereafter.

5. All documents referring or relating to stock, stock options or stock certificates in any of the Portfolio Companies allegedly held by you or any past or present employee, officer, and/or director of Canopy.

6. All documents referring to or relating to any communications you have had, from December 17, 2004 and thereafter, with any any member of the news media or press.

7. All documents referring to or relating to any communications you have had, from December 17, 2004 and thereafter, with any person regarding your former employment with Canopy.

8. All documents referring to or relating to any communications you have had, from December 17, 2004 and thereafter, with any person regarding the termination of Ralph J. Yarro, Darcy G. Mott, and/or Brent D. Christensen.

9. All documents referring to or relating to any communications you have had, from December 17, 2004 and thereafter, with any person regarding this lawsuit or the lawsuit filed by The Canopy Group, the Noordas and the Noorda Family Trust against Ralph J. Yarro, Darcy G. Mott and Brent D. Christensen.

10. All documents referring to or relating to any communication you have had, from December 17, 2004 and thereafter, with any person regarding the management of Canopy or its Portfolio Companies.

11. All documents referring to or relating to any communications you have had, from December 17, 2004 and thereafter, with any person regarding the employment, resignation or termination of any other past or present employee of Canopy.

12. All documents referring to or relating to any communications you have had, from December 17, 2004 and thereafter, with any person regarding any communication you have had with any officer, director or shareholder of any Portfolio Company.

13. All documents concerning the termination of your employment with Canopy, including but not limited to, any notes prepared by you concerning the basis, pros and cons, grounds and/or decision.

14. All documents concerning the termination of any other employee's employment at Canopy, including but not limited to, any notes prepared by you or anyone else concerning the basis, pros and cons, grounds and/or reasons for such termination.

15. All documents referring to or relating to the health or medical condition of either of the Noordas.

16. All documents concerning the Noorda's service on Canopy's board of directors or actions taken by them as directors.

17. All documents regarding any arrangement for any third party to pay all or part of your legal fees in connection with this lawsuit or any related factual matters, including your stock options, resignation from Canopy Group employment, or other matters.

18. All documents regarding any possibility of your re-employment (and/or the re-employment) of other Canopy employees.

Meanwhile, on the other side, the Yarro team, evidencing their usual delicacy, have asked for all of Mrs. Noorda's medical records. At least that is what the header indicates. The body of the document asks for Ray Noorda's medical records, but I'm guessing some paralegal or secretary copied and pasted the language from Ray's subpoena and plugged it in to Mrs. Noorda's and then failed to change the name. I have a friend of many years, who is quite elderly now himself, and he always tells me, Don't get old and don't get sick. After watching what is happening to the Noordas, I think he is right.


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