Mar 21, 2020 Sent Thanks! Yes Stephanie is making calls. No orders placed yet but
- Date
- 2021-05-06
Summary
Exhibit 12, filed May 6, 2021 as Document 130-12 in Case 1:20-cv-00658-LMB-IDD, is a 16-page log of text messages marked CONFIDENTIAL and dated from Mar 20, 2020 to Mar 27, 2020. The messages run between a supplier offering N95 masks and other medical supplies and a correspondent who says she is pressing California Governor's office staff to place orders. They describe contacts with the state's emergency manager and General Services, the correspondent's statement that prepayment is not a problem for her office under the emergency declaration, and a planned first order of 100 Mill n95 masks. The log closes on Mar 27, 2020 with the supplier reporting a bounced payment and the correspondent asking him to deal with the state contact directly.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
Case 1:20-cv-00658-LMB-IDD Document 130-12 Filed 05/06/21 Page 1 of 16
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EXHIBIT 12
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Mar 20, 2020 Received Thought govt was bad
5:42:43 PM
Mar 20, 2020 Sent Oh geez I'm sorry to hear that. Good news is we have all of that!
5:43:10 PM
Mar 20, 2020 Received Awesome. You are a godsend.
5:43:35 PM
Mar 20, 2020 Sent 4 my pleasure! This is important!
5:44:25 PM
Mar 20, 2020 Received Just got text from Gov's COS that OES supply task force has
6:36:02 PM connected with you. True? I will continue to make
connections...needs will grow. Thank you, John.
Mar 20, 2020 Sent Yes! We are sending them our product list now! Thanks so
7:03:25 PM much. We can literally supply everyone.
Mar 20, 2020 Received John, will be connecting Stephanie Roberson with CA Nurses
7:33:12 PM Association to you via text. She's been looking for N95s...Gov's
office slow to respond and she wants direct contact. OK to
connect the two of you via text tonight? Thank you.
Mar 20, 2020 Sent Yes absolutely! I'm working 24/7. Thank
7:33:30 PM
Mar 21, 2020 Sent Hi Betty, just to update you on the status of our talks with gov
11:16:40 AM office: Last night I got a call from Abby Browning. She was
great. Connected me with bill Simonson who is the emergency
manager. Bill and I spoke at 8 p last night. He said great they
want our supplies. Asked for a supply list of what we can get
them and pricing. I sent. He confirmed receipt. I followed up this
morning with phone and email and haven't heard back yet.
Mar 21, 2020 Sent Really want to know what they need...how much and by when so
11:17:51 AM I can promise them the inventory. It's on a first come basis right
now and hard for me to hold but if the state says I need X
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amount now and X amount over the next x months I can
guarantee delivery, price and time.
Mar 21, 2020 Sent Thank you so much for your help bird dogging this
11:18:07 AM
Mar 21, 2020 Received Got it. Will press Gov's folks. All OK with the nurses?
11:23:06 AM
Mar 21, 2020 Sent Thanks! Yes Stephanie is making calls. No orders placed yet but
12:03:07 PM she is engaged.
Mar 21, 2020 Received Any word yet from Gov's folks or Bill? I've been bugging chief
3:13:15 PM of staff and others. Thank you.
Mar 21, 2020 Sent Not a peep! They are killing me.
3:18:34 PM
Mar 21, 2020 Sent We are delivering another 100m units of n95 mask and 500k
3:20:12 PM covid19 at testing kits to Florida. Just came in. The other states
seems to move faster....no offense lol
Mar 21, 2020 Sent And I live in calif! I want to keep these supplies here.
3:20:22 PM
Mar 21, 2020 Received No offense taken. Not sure what there is for Gov's folks to think
3:47:49 PM about. I can cut checks quickly once orders made and invoiced.
Mar 21, 2020 Sent Right. Thanks Betty. I'm about to unlock a bunch of us based
7:03:49 PM manufacturers too so if we need made in America goods too. But
we can fill and need the state has immediately.
Mar 21, 2020 Sent Still no word from bill. Just pinged him again.
7:04:01 PM
Mar 21, 2020 Received I pinged COS again just a while ago after Gov's press
7:09:18 PM conference...no emphasis on supplies.
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Mar 21, 2020 Sent Hmmm ok. Well thanks for pushing.
7:12:23 PM
Mar 21, 2020 Received Did you see this, John? Governor Newsom Takes Action to
10:18:30 PM Strengthen California's Health Care Delivery System to Respond
to COVID-191California Governor
https://www.gov.ca.gov/2020/03/21/governor-newsom-takes-
action-to-strengthen-californias-health-care-delivery-system-to-
respond-to-covid-19/
Mar 21, 2020 Received Not nearly enough supplies for the growing need.
10:19:40 PM
Mar 21, 2020 Sent I had a conversation with a chief from a hospital in Tennessee
10:25:23 PM today. It was terribly sad. She was pleading for supplies and said
all of the nurses are wearing trash bags because they can't get
supplies. Nurses get sick, can't work and then the patients won't
receive treatment and so on.... I'm afraid we might get like that
here in California.
Mar 21, 2020 Received I will keep pushing. Maybe if the CNA orders from you out of
11:14:40 PM concerns including what you note here, Gov's office will follow
suit. I will keep pushing. Will ping Stephanie in the morning.
Have a good night. Thank you for everything you are doing. You
are saving lives.
Mar 22, 2020 Received Just shared this with Stephanie. Thank you, John.
10:03:25 AM
Mar 22, 2020 Sent No problem
10:03:56 AM
Mar 22, 2020 Sent Hi Betty just in case you missed it. Most folks think supply runs
7:18:28 PM out in 10 days. My challenge won't be supply it'll be shipping
and delivery because that will be backed up. Sooner I can get
orders moving Incan beat the rush.
https://www.yahoo.com/news/coronavirus-york-warns-major-
shortages-203005060.html
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Mar 22, 2020 Received Thank you, John. Still nothing from Gov's team? Thank you.
7:40:34 PM
Mar 22, 2020 Sent Ok I just noticed I missed a call from a Michael with general
7:44:43 PM services two hours ago! Shoot I didn't see the call. Called and
texted him just now. Left voicemail
Mar 22, 2020 Sent Dangit. I will chase him first thing.
7:45:02 PM
Mar 22, 2020 Sent I just sent this followup text
7:45:13 PM
Mar 22, 2020 Received Good. Glad DGS is reaching out.
7:46:35 PM
Mar 22, 2020 Sent I assume they are the deciders?
7:46:46 PM
Mar 22, 2020 Received They handle State procurement for all agencies.
7:51:13 PM
Mar 22, 2020 Sent I understand. Ok I WILL track him down.
7:54:49 PM
Mar 22, 2020 Sent I'm texting with Michael now!
8:34:10 PM
Mar 22, 2020 Received Without invoking my name, ask him if there is anything that can
10:26:13 PM be done to authorize pre-payment. "Can't OES or the Controller
figure out a way for prepayment to happen in an emergency?"
BTW, what is Michael's full name and position? Thanks.
Mar 22, 2020 Sent Absolutely I will. We are also supposed to speak at 8a tomorrow.
10:57:15 PM
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Mar 22, 2020 Sent Don't know Michael's name. He didn't tell me lol. I'll find out
10:57:37 PM tomorrow.
Mar 22, 2020 Received I will get my folks working on how to facilitate prepayment.
11:06:48 PM Thank you, John. Get some rest.
Mar 22, 2020 Sent Ok same. It's going to be a long week and we've got a lot of
11:09:21 PM work to do. We'll figure this out. Thank you again.
Mar 23, 2020 Received John, in mtg with my staff fir next 1.5 hours. Sorry to miss your
8:41:41 AM call. Can you text me? Thanks.
Mar 23, 2020 Received My legal team is looking at this now. Will call when done with
8:50:22 AM my mtg or text if I have news. Thank you.
Mar 23, 2020 Sent Ok that's great. Thanks. Sorry to push but I don't want to be able
8:50:53 AM to take the order and then tell you it's 3 weeks delayed!
Mar 23, 2020 Received You are not pushing...we are in a f...ing crisis! Prepayment is not
9:01:37 AM a problem for my office under the emergency declaration. I just
directed my COS to call the DGS Director.
Mar 23, 2020 Sent Omg! Yes!
9:08:40 AM
Mar 23, 2020 Received Prepayment process in place. Out of curiosity, where did your
1:54:36 PM stock on Friday go in FL? Hospitals? State of FL? Thank you,
John.
Mar 23, 2020 Sent Hi Betty sorry for the delay. They went to hospitals and a private
4:13:10 PM buyer. I can't go into any more detail as I have nda's with all of
them. Good news is we have plenty of supply! I even have n95
make made just for kids.
Mar 23, 2020 Sent Btw haven't heard back from Michael at general services
4:13:24 PM
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Mar 23, 2020 Received The orders are being run through General Services but I believe
4:17:03 PM initiated by OES. Call Bill Simonson and Michael back. I am not
sure how orders are being decided. Hope CA gets on it now.
Thank you.
Mar 23, 2020 Sent Right. I spoke with bill and he said "mikey" is in charge.
4:21:11 PM Michael hasn't responded. I'll continue to needle him every hour.
Mar 23, 2020 Received I am so sorry you are getting a bit of a runaroun
4:28:32 PM
Mar 23, 2020 Sent It's ok. Since I live here in Pasadena I want the inventory to go
4:29:16 PM here!
Mar 23, 2020 Sent Fyi just sent over our sales sheet to Michael Won't.
6:46:57 PM
Mar 23, 2020 Sent Wong
6:47:00 PM
Mar 23, 2020 Sent Baby steps forward. I mentioned that we should do a rolling PO
6:47:37 PM which basically is a line of credit they can order against that
refills. So this locks in their orders going forward
Mar 23, 2020 Received OK...at least some movement. Thank you, John.
8:58:41 PM
Mar 23, 2020 Sent Here's the kicker....I told Michael I just got a text from my lead
9:48:09 PM supplier we have about 9 hours to lock up their 100mi1 n95
mask production is going to the UK and it'll be a delay then to
get more masks. So I highly urged Michael to place the
order....only need a small deposit to hold them all.
Mar 23, 2020 Sent I do hope he moves quickly!
9:48:16 PM
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Mar 23, 2020 Sent I can source masks elsewhere but inventory shuffles around so
9:48:45 PM quickly. I know Calif needs the masks over time so they need to
just lock it up!
Mar 23, 2020 Sent Lastly, I sad the list of vendors Calif is talking to....none of them
9:50:29 PM have inventory. I know because they are all asking me for
product.
Mar 23, 2020 Sent Saw...not sad
9:50:35 PM
Mar 23, 2020 Received I will ping Gov's office. Thanks, John.
10:00:48 PM
Mar 23, 2020 Sent Thanks. I think they'll miss their window. It's ok I will plug them
11:10:24 PM in elsewhere. Michael has been texting with me about doing a
deposit to lock down the big order. This is good!
Mar 23, 2020 Received Great about Michael. I texted Gov's person that we had until 6
11:33:51 PM a.m. I hope to awake to good news.
Mar 24, 2020 Sent Thank you! Me too.
1:26:27 AM
Mar 24, 2020 Received Ugh...not easy. Once Michael makes the order and contacts my
6:14:14 AM staff, we can process payment. Thank you.
Mar 24, 2020 Sent Also for what it's worth my favorite supplier is a dual American
2:13:26 PM Chinese citizen. He happens to live here in Pasadena too (he's
currently stuck in china during the lock down)! Great guy I've
known for years and years. He really wants to bring his supplies
here too. Fyi haven't heard from Dan yet.
Mar 24, 2020 Sent Making progress....Michael wong just texted me about my
4:05:18 PM capacity for the n95 masks now and for the next 30 days. Then
he asked if we would be paid or wire it to china. I explained my
company cages the money then handles everything -
manufacturer payment, shipping, customs etc. I think Michael
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felt better knowing we are an American company. Then he sent
us payee data record form to payout so he can pay us
Mar 24, 2020 Sent Also I haven't told him yet but here's what if be willing to do just
4:06:19 PM to ease everyone's concerns: we'll do this as an open book deal if
he wants so he can see my costs, my markup and everything. So
they know I'm not going.
Mar 24, 2020 Sent Gouging
4:06:22 PM
Mar 24, 2020 Received Some progress. Offer the open book only if you need to. If you
4:22:33 PM share info with State, it may be become a matter of public record
and make headlines. If this is proprietary info, keep it that way.
Thank you for your patience, John.
Mar 24, 2020 Sent Ahh yes you're totally right. Thank you. Ok I'll let you know as
4:39:14 PM this evolves
Mar 24, 2020 Sent We might close this tonight!
5:00:33 PM
Mar 24, 2020 Received Let me know. Virtual drinks on me for your patience, John!
5:06:16 PM Thank you for not giving up on California!
Mar 24, 2020 Sent My pleasure. It was team work! Thank you!
7:15:24 PM
Mar 24, 2020 Sent Looks like we are going to get this done!
7:15:38 PM
Mar 24, 2020 Received What am I looking at here? Anything after 4:51 p.m.? Thank
9:39:07 PM you.
Mar 24, 2020 Sent Oh sorry Michael said he'll wire the money (or you will I
9:39:46 PM suppose) first thing in the morning for their first order of 100
Mill n95 masks!
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Mar 24, 2020 Received Got it! Mazel tov!
10:03:33 PM
Mar 24, 2020 Sent 66
10:09:33 PM
Mar 24, 2020 Sent https://www.washingtonpost.com/business/2020/03/24/scramble-
10:15:55 PM medical-equipment-descends-into-chaos-us-states-hospitals-
compete-rare-supplies/
Mar 24, 2020 Sent It's ugly out there. Glad Calif will be getting all the supplies they
10:16:09 PM need now!
Mar 24, 2020 Received You are a blessing, John Thomas, to help and guide CA through
11:29:29 PM this chaos. Just saw the deal on the stimulus package...could not
come soon enough for workers, businesses, does, nurses,
hospitals, and states. Just in time as the peak of the pandemic
approaches. Thank you!
Mar 25, 2020 Received Thank you, thank you, thank you!
7:24:14 AM
Mar 25, 2020 Sent My pleasure! I just needed to know Calif could order our stuff,
7:25:21 AM now I will try to get them everything!
Mar 25, 2020 Sent I'll keep you in the loop today as we MUST get this done. We
8:47:01 AM basically have five hours before the wire cutoff. We'll all need to
push to get it done.
Mar 25, 2020 Sent I've messaged Michael wong but haven't heard back yet. Come
8:47:19 AM 9a I'm going to be all over him.
Mar 25, 2020 Sent Betty, I bet I can beat these guys on price. Can you find out what
10:53:27 AM they are paying? Maybe that's how we get in? Or split the deal? I
do 50mi1 units and they do half? I know these guys won't deliver.
And you won't know for 30 days and then we won't be able to
get inventory
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Mar 25, 2020 Sent
11:04:14 AM
Mar 25, 2020 Sent What's going on? Also call me about the other bidders
11:04:24 AM
Mar 25, 2020 Sent We are back in this ...
12:11:30 PM
Mar 25, 2020 Sent I'll call you soon
12:11:33 PM
Mar 25, 2020 Sent We are back in this I think. Working on wiring now....
12:28:16 PM
Mar 25, 2020 Sent Just in. Don't know if this is us or the other vendor
1:21:58 PM
Mar 25, 2020 Sent Just so you are in the loop. He said he's waiting for for/sco.
1:38:01 PM
Mar 25, 2020 Received OK, my staff is walking a warrant over to the Treasurer now for
1:59:57 PM wiring before 2:00 p.m. My Counsel just let me know...I have no
other details as I am doing online interviews right now. Let me
know if wiring is to you. Thanks.
Mar 25, 2020 Sent Great thank you! I just sent over invoice to Michael
2:05:00 PM
Mar 25, 2020 Sent It's in process! Hooray! Thank you! Wire cutoff was missed but
3:26:10 PM Michael sent me an email saying wire has been initiated.
Mar 25, 2020 Sent We are also sending Michael additional capacity for other items
3:26:43 PM like gloves and gowns as he said he needs those immediately.
Mar 25, 2020 Sent Thank you again!
3:26:47 PM
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Mar 25, 2020 Received We sat ready while DGS took their f...ing time. They missed the
3:38:05 PM deadline. Sorry about that. At least it's been executed.
Mar 25, 2020 Sent I know. Now I'm telling the manufacturers to take my word to sit
3:41:31 PM tight. It's really hard. Michael said he'd get me some official
paperwork showing it has been done.
Mar 25, 2020 Sent Lastly, Abby sent me other supplies Calif need. I told her I could
11:33:05 PM get all of those quickly standing on my head. Truly. Easy. Then
Dan asked me if I could find 3ply masks. I can and I told him I'd
get him way lower prices than he's received in bids so far. I will
get him one hell of a deal for the next order. Ok that's the update
for tonight. Thanks again.
Mar 26, 2020 Received John, I am sorry about all this extra work. It is above and
3:42:03 AM beyond. On a positive note, Dan now knows you and your
integrity that hopefully now opens the door for smoother
transactions going forward. I will see to it that the wire happens
first thing this morning. Dan and his team seem to forget that the
Governor's emergency declaration waived contract code
requirements so transactions can happen quickly. Thank you for
pulling out all the stops and more, John. We'll speak later.
Mar 26, 2020 Sent Thanks Betty and I totally agree. I'll make sure to stay in touch
6:49:48 AM with our bank for the wire so I can start this process immediately
and lock down The inventory.
Mar 26, 2020 Sent Hi Betty, just a check in to make sure your shop presses the
7:48:35 AM button at 8am. I've got my manufacturers on standby and truly
cannot hold them off for much longer. Thank you again!
Mar 26, 2020 Received Green light!
7:59:14 AM
Mar 26, 2020 Sent Yes! When should I expect the wire?
7:59:26 AM
Mar 26, 2020 Received 8:00 a.m.
7:59:41 AM
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Mar 26, 2020 Sent Truthfully I'm going to lose my place in line and inventory soon.
7:59:44 AM
Mar 26, 2020 Sent Ok thank you.
7:59:47 AM
Mar 26, 2020 Received I know you are holding on to inventory for CA. Let me know
8:02:54 AM when all OK. Thanks.
Mar 26, 2020 Sent Thank you again. Nothing has arrived so far. I have a staffer on
8:09:51 AM the phone with our bank. I'll let you know the second we see it
Mar 26, 2020 Received It's a go.
8:14:05 AM
Mar 26, 2020 Sent k I'll let you know the second we see it
8:14:28 AM
Mar 26, 2020 Received Sorry...in a Zoom mtg.
8:14:28 AM
Mar 26, 2020 Sent No problem!
8:14:33 AM
Mar 26, 2020 Sent Nothing yet....
8:37:38 AM
Mar 26, 2020 Received Sent. Waiting for confirmation from your bank.
8:50:28 AM
Mar 26, 2020 Sent K I'm on the line with the bank
8:50:55 AM
Mar 26, 2020 Sent We got it!!! Thank you!!!!
9:20:08 AM
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Mar 26, 2020 Sent Ok im moving at light speed and will send you progress updates
9:20:25 AM
Mar 26, 2020 Sent Thank you!
9:20:29 AM
Mar 26, 2020 Received Thank YOU!
9:21:25 AM
Mar 26, 2020 Sent It's my honor! I'm so proud to be doing this for our state. Ok
9:25:09 AM gotta get to work. Thanks again. I'll keep you in the loop.
Mar 26, 2020 Sent Moving product now....woohoo. I'm trying to get pies for you
10:55:39 AM too.
Mar 26, 2020 Received Yes! Doing interviews most of the day, so can't pick up. Happy
11:11:39 AM things are moving. Thank you!
Mar 26, 2020 Received National Cathedral, Nasdaq, Businesses and Unions Locate
1:35:34 PM Troves of N95
Masksi,https://www.nytimes.com/2020/03/26/us/national-
cathedral-masks-donation-coronavirus.html
Mar 26, 2020 Sent This is great news. I bet you those models are not state approved.
1:38:56 PM But still great product. The state has very rigid model guidelines
which is fine, just harder to procure.
Mar 26, 2020 Sent Hi Betty, sorry to bug you but I have an issue that I need your
3:30:35 PM help with. Can you call me when you have a moment?
Mar 27, 2020 Sent Hi Betty , I'm sure you heard about my bank bouncing payment
8:05:08 AM hours after it went through. Unbelievable. However, I've come
up with a work around for the product I have in route. Just to
keep you in the loop here's what I'm trying to get of Dan Kim
about. I can take payment upon receipt, inspection and
acceptance for each delivery. This should make the state feel
comfortable.
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Mar 27, 2020 Received John, please communicate with Dan directly. And please cease
8:50:32 AM to keep me in the loop; it is not helpful. I am sure if he takes
your call, he will rightfully ask why you required prepayment of
the State but now can take payment upon receipt and inspection.
You have a credibility issue now that you need to solve. Good
luck.
Mar 27, 2020 Sent Ok thank you.
8:50:51 AM
CONFIDENTIAL BFM000200133
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