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Biotech / Medical : Pluvia vs. Westergaard

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To: Cisco who wrote (1146)9/17/1997 7:24:00 PM
From: Pluvia   of 1267
 
Greetings,

I got this letter from the law firm RUTAN & TUCKER, LLP claiming to represent PLSIA, and scanned it to disk so I could post it here. I will respond to this letter here on SI, and via fax to Rutan & Tucker shortly.

It should be noted that I deny the accusations made by Rutan & Tucker that claim I have made false statements. Furthermore, I stand by my posts about Premier Laser Systems.

I have posted Rutan & Tucker's letter in this forum so that others know what can happen if you post quality factual research about Premier Laser System.

This is what has happened to me so far:

1. Premier Laser Systems hired Westergaard Online and the day after Westergaard announced Premier was a client, Westergaard put out a $5,000 reward for a dossier about me, and indicated I was posting fraudulent information to drive down the stock of Premier Laser Systems.

2. Premier Laser Systems hires the law firm of Rutan & Tucker who writes me a letter claiming I have made specific false statements about Premier Laser Systems. Rutan & Tucker's accusations about my statements are false.

Sounds to me like Premier Laser Systems is trying to do everything in their power to intimidate people who post bearish information about their company.

When scanning in the letter, the scanner failed to pick up the letter head so I will describe it to you:

I count 87 names on the letterhead -- I assume they are all attorneys from the Rutan & Tucker law firm. Thomas G Brockington is listed 30th on the list of 87 names.

My first comment regarding this letter is -- my posts are easy to find and verify -- why would Mr. Brockington make such a flagrant error and claim I had made these statements, when it is CLEAR from my posts he has wrongly accused me?

I think it is time for Mr. Brockington and Rutan & Tucker to get a little introduction to the internet, where posts are written and verifiable, and where we don't like bullies, but we do like free speech.

It would seem to me either;

1. Mr. Brockington is a very lazy attorney who thinks it is O.K. to makes accusations without verifying facts, in which case it would appear he is wasting PLSIA shareholders money, and to put it kindly -- not doing anything good for the reputation of the firm of Rutan & Tucker, or,

2. Mr. Brockington was hired by PLSIA for the purpose of trying to intimidate bearish PLSIA posters, by writing threatening letters that make false accusations about the bearish posters.

Here is the letter I received from Rutan & Tucker:

******************************************

RUTAN & TUCKER, LLP
ATTORNEYS AT LAW

September 9, 1997

Via Federal Express

Mr. XXXXXX

Re: Premier Laser Systems, Inc.

Dear Mr. XXXXXXX:

This firm represents Premier Laser Systems, Inc. (the "Company"). We are contacting you in connection with statements made on the Internet concerning the Company, which statements have been attributed to you, using the pseudonym "Pluvia." These statements have been made over a period of several months, and include, among many others, statements that:

1. All of the Company's Common Stock to be issued in the EyeSys transaction will be freely tradeable within three months.

2. The Company did not build 15 ER:YAG lasers during the June 30, 1997 quarter.

3. There were no users of the ER:YAG laser until mid to late August.

4. The Company's training classes are not full.

5. The Company has nothing to sell besides the ER:YAG laser.

These statements are simply false. Other statements attributed to "Pluvia" include facts or press releases concerning the Company which were taken out of context. All of these statements have had a severe negative impact on the price of the Company's publicly traded securities, damaging both the Company and its shareholders.

One can only wonder at your motivation for making these false statements. We have been informed that at one time you represented yourself as an "analyst for a hedge fund," which can be interpreted as a representative of short-sellers. We understand that you subsequently indicated that you are a franchisee for Ion Laser Technology, a competitor of the Company.

In any event, on behalf of the Company, demand is hereby made that you immediately cease publishing false statements concerning the Company.

Please be advised that the Company intends to take all appropriate legal actions to protect its rights.

Very truly yours,
RUTAN & TUCKER, LLP
Thomas G. Brockington
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