KK NOT a party to the Houston-JDSU case

[Vasserfan]

CCWS co-owner, Kevin Kalkhoven is NOT, I repeat, is not a part of the Houston Municipal Employees Pension System (HMEPS) suit against JDSU.

How can this be, we have a 10 page thread predicting the doom of the 2006 Houston race? The answer is really simple. HMEPS did not sue KK. Further, their allegations all take place after KK left JDSU. KK was the CEO from June, 1999 to May 2000. The negligence and lack of due diligence surrounding the SDL stock that HMEPS complains of, occured between July 2000 and February 2001. KK was gone by then.

How did I find this out? I went back and looked at the HMEPS petition from 2002. I wanted to see exactly what allegations they made against KK. I noticed that KK was not a named or listed defendant. I then looked at the other petitions, like Conneticut's, and they list KK.

Here is the link to the HMEPS petition. HMEPS petition

Notice in the caption of the case, KK is not mentioned. In the other petitions by other defendant's, he is.

Here is the caption:

HOUSTON MUNICIPAL EMPLOYEES'
PENSION SYSTEM, on Behalf of Itself And
All Others Similarly Situated,
Plaintiff, I I
vs.
JDS UNIPHASE CORPORATION,
JOZEF STRAUS, ANTHONY R. MULLER,
MARTIN A. KAPLAN, BRUCE D. DAY,
PETER A. GUGLIELMI, ROBERT E. ENOS,
JOHN A. MacNAUGHTON, WILSON
SIBBIT, CASIMIR S. SKRZYPCZAK,
WILLIAM SINCLAIR and DONALD J.
LISTWIN,
Defendants.


Further, on page 5, the listed defendants do not include KK.

Why not? I thought he was so evil Houston employees were going to rise up against him and the race. Because he was not there when the wrong doing HMEPS alleges occured. HMEPS complins of JDSU actions from July 2000 through February 2001. KK left in May of 2000.

He is NOT a party to the suit. Never has been.

The Houston community has not risen up against CCWS, KK and the race because KK was not involved in their cause of action.

Yes, I know this disappoints many here. But them is the facts boys.

And I started this in a new thread so it just didn't get buried and forgotten the next time we are told the Houston race may fail due to KK and the JDSU suit.

The replies should be interesting.

[Grinder-Tank]

Facts are facts. So it's time to race.

[Jim Wilke]

So you are saying that:

1. KK didn't screw HMEPS but his partner Don Listwin did
2. He is still alleged to have been involved in a fraud that cost stockholders billions.

I'd also point out that the EDL merger took place on June 30, 2000 - the last day that KK was employed by JDSU.

[Vasserfan]

So you are saying that:

1. KK didn't screw HMEPS but his partner Don Listwin did
2. He is still alleged to have been involved in a fraud that cost stockholders billions.

I'd also point out that the EDL merger took place on June 30, 2000 - the last day that KK was employed by JDSU.

From your Houston and JDSU thread:

I thought it might be of interest since CC will almost certainly be asking the Municipality of Houston to contribute in some way, either in cash or in services and some of that service will be provided by folks who are suing the series' major owner.

Wilke, you started a 10 page thread hoping and wishing the Houston race would suffer or cancel due to KK's involvement in the suit against HMEPS. Yet, you can not show me one thing to prove he is a party. He is not a party to that suit. They are not "suing the series' major owner". We are not talking about the remainder of the suit, we are talking about the Houston part.

Show me where HMEPS thinks he had ANY involvement or where he is a part of the HMEPS lawsuit.

[morden]

Nice sleuthing, VF

[Chitownfan]

A little OT here, but here are some more links.

Links

[Jim Wilke]

VF, I believe you are splitting hairs here. Maybe HMEPS doesn't think they can prove a case against KK or maybe they don't think they need to. All I will add is this - HMEPS lost money, a lot of it, on JDSU stock. During the time when these losses took place and in the immediate period leading up to it, KK was CEO or heavily involved with JDSU. If you are looking to put a face on the JDSU suit, like Ken Lay with Enron, KK's would be on the poster.

Go here and read page 7:

link

[Chitownfan]

VF, I believe you are splitting hairs here. Maybe HMEPS doesn't think they can prove a case against KK or maybe they don't think they need to. All I will add is this - HMEPS lost money, a lot of it, on JDSU stock. During the time when these losses took place and in the immediate period leading up to it, KK was CEO or heavily involved with JDSU. If you are looking to put a face on the JDSU suit, like Ken Lay with Enron, KK's would be on the poster.

Go here and read page 7:

link

\

Didn't they take over as lead plantiff?

[tbyars]

VF, you are certainly correct. This should end the direct connection between that suit and KK.

What it won't end is the connection to KK and questionable business practices. For example, there was some talk earlier about the IRL looking at a possible street race in San Antonio, with Broadway Joe as the promoter. Heitzler has never done anything to the City of San Antonio of which I'm aware, but I still don't personally believe SA should become involved with him.

Same connection here, perhaps possibly a little closer because KK was indeed involved directly with the organization the city's pension fund is suing.

Legally, it is now a non-issue. Ethically, that's for everyone to decide on their own.

[Vasserfan]

VF, I believe you are splitting hairs here. Maybe HMEPS doesn't think they can prove a case against KK or maybe they don't think they need to. All I will add is this - HMEPS lost money, a lot of it, on JDSU stock. During the time when these losses took place and in the immediate period leading up to it, KK was CEO or heavily involved with JDSU. If you are looking to put a face on the JDSU suit, like Ken Lay with Enron, KK's would be on the poster.

Go here and read page 7:

link

What on page 7 are you referring to? That Connecticut is the lead plaintiff? Or the Houston is the lead plaintiff in the SDL subclass?

But how am I splitting hairs. HMEPS DID NOT SUE KK. Yet you went on for 10 pages saying his involvement in the HMEPS suit as a defendant would and should affect the Houston race. The difference between being sued by someone and not being sued is not splitting hairs.

As for the Ken Lay reference, Lay is a Criminal defendant. KK is not.

Spin it however you want. Houston did not sue KK. Hope you and Defender didn't fire off any e-mails or letters with wrong info in them.

[Vasserfan]

VF, you are certainly correct. This should end the direct connection between that suit and KK.

What it won't end is the connection to KK and questionable business practices. For example, there was some talk earlier about the IRL looking at a possible street race in San Antonio, with Broadway Joe as the promoter. Heitzler has never done anything to the City of San Antonio of which I'm aware, but I still don't personally believe SA should become involved with him.

Same connection here, perhaps possibly a little closer because KK was indeed involved directly with the organization the city's pension fund is suing.

Legally, it is now a non-issue. Ethically, that's for everyone to decide on their own.

On those notes, I agree. KK is not out of the woods on the lawsuit. If the allegations in the suit against him are true, it would certainly be troubling. But trial is still at least 15 to 16 months away.

As far as Houston goes, I see little if any effect. Certainly, as you said, legally, it is a non issue. As for ethically, that is up to those who do business with KK, or anyone else to decide for themselves. Some like KK, others don't. Some like certain IRL figures, others don't.

In my opinion, as for as Houston goes, this is a complete non issue.

[Tony Johns]

VF, I believe you are splitting hairs here.

And that's different from just about any other topic on the B/S forum... how?

[OWFANatic]

And that's different from just about any other topic on the B/S forum... how?

It just depends who's hair is being split.

[Tony Johns]

It just depends who's hair is being split.

They make shampoos for that.

[Jim Wilke]

Do shampoo companies still advertise they can fix 'split ends?'