Varian's bathroom videotaping problem:
"...Therefore, we are prepared to drop the fifth cause of action provided your corporate clients stipulate to each of the following for all purposes in the case:
1. Delfino did not engage in any misconduct as alleged by Felch (face, hand gestures, verbal profanity, sabotage, harassment, etc.);
2. That the videotapes did view into at least one Varian company bathroom;
3. That every person (Varian Associates, Novellus Systems, guests, visitors, contractors, vendors, etc.,) in the Ginzton lab was a potential victim of the invasion of privacy;
4. That the videotaping took place continuously, 24-hours per day, during at least a five week period in and about May 1998.
5. That plaintiffs will not refer to, attempt to introduce or in any way use the so-called "Kinko's videotapes" for any purpose in this or any other case;
6. That Hibbs file a report to the State Bar concerning her role in the Varian secret videotaping;
7. That all references in the complaint, and in trial, or pre-trial motions, to any alleged harassment by Delfino of Felch, Zdasiuk or any Varian, ex-Varian, or Novellus employee will be stricken from the complaint, with prejudice.
8. That the Varian entities will make no claims against Mobeta, it's officers, directors, or shareholders, or to claim or contest its/their patents.
...
It's out, now. Any attempts to re-bottle it will be met with the utmost vigorous, legal, effort. The truth is a powerful "genie."
Please let me know if your client's are willing to enter into the above stipulations, all of which are remedies fashioned out of the case that you have cited to me to alleviate the prejudice my client would otherwise suffer by the destruction of the videotapes. I will be seeking such relief from the court. ..." |
