place orders asap
- Date
- 2021-05-07
Summary
Exhibit 5 to Document 132-5 in Case 1:20-cv-00658-LMB-IDD, filed May 7, 2021, is an 11-page log of text messages marked Plaintiff's Trial Exhibit 27 and stamped confidential. The log records messages between a representative of Blueflame Medical and a contact at California General Services, dated from March 22, 2020 to April 9, 2020. The messages discuss the supply of N95 masks and other COVID supplies, prepayment requirements, a partial deposit, an invoice and an advance payment by wire transfer. Later messages concern shipping arrangements and a confirmation that funds were received.
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Case 1:20-cv-00658-LMB-IDD Document 132-5 Filed 05/07/21 Page 1 of 11 PageID#
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EXHIBIT 5
BFM000200135
BFM000200135
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exhibitsticker.com
EXHIBIT §
Defendant's
Defendant's 10
10 cdc
AC PRIV — Michael Wong Texts
Michael California General Services - 95
Date Status Message
Mar 22, 2020 Sent Hi Michael just left you a VM. It's John Thomas with
7:44:10 PM blueflame medical. We have direct from our
manufacturers whatever covid supplies you need and
can get them to you quickly. I'm available 24/7. When
is a good time to talk? Thanks!
Mar 22, 2020 Received Hi John, are they domestic or overseas?
8:24:42 PM
Mar 22, 2020 Sent I have both but most are overseas.
8:25:34 PM
Mar 22, 2020 Received Do you have N95 masks? And if so, are the
8:27:36 PM manufacturers requiring 100% prepayment?
Mar 22, 2020 Sent Yes I have loads of n95 masks. Yes everyone requires
8:32:30 PM pre payment BUT you have 48 hours to inspect and
reject and we'll refund you back 100%. I do have a
supplier who can get you a shipment in 3 days.
Shipping is going to get jammed up so I really need to
place orders asap.
Mar 22, 2020 Sent We also have covid kits, and nearly everything else
8:32:44 PM you might want.
Mar 22, 2020 Received Ok, I'll have to figure out the prepayment issue, but
8:37:43 PM let's reconvene tomorrow morning
Mar 22, 2020 Sent Ok sounds great! We can supply you anything you
8:51:54 PM need at the best prices, speed and capacity I promise.
Mar 22, 2020 Sent I'm just getting worries about shipping delays if we
8:52:16 PM wait to order. But if I can get stuff out and in the
pipeline to you it won't be a problem
Plaintiff's
Trial Exhibit
27
CONFIDENTIAL BFM000200135
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Mar 22, 2020 Sent What time should I call you tomorrow?
8:53:51 PM
Mar 22, 2020 Received I'll try to call you around 8 or so
9:08:18 PM
Mar 22, 2020 Sent Ok perfect. looking forward to it.
9:08:41 PM
Mar 22, 2020 Sent Michael, can't oes or the Controller find a way to
10:58:59 PM authorize pre-payment in an emergency? Anyway
sorry for the late msg. Looking forward to speaking
with you soon.
Mar 23, 2020 Received We're researching alternative options but it's hard to
6:57:06 AM circumvent the law
Mar 23, 2020 Sent Right that little thing.
8:22:28 AM
Mar 23, 2020 Sent Just found out the controller can cut checks up front for
9:54:23 AM prepayment! We can now do our part and get you the
supplies!
Mar 23, 2020 Sent Just a friendly ping. If you can give me a sense of how
10:26:51 AM many units of what and by when I'll start getting things
setup for when you call now that prepayment isn't an
issue
Mar 23, 2020 Sent hey we just got kid n95's in stock. Pretty cool. Also
4:31:12 PM hand sanitizer by the swimming pool ready to truck out
here in California. Kind of fun.
Mar 23, 2020 Received Ok, I'm still working on the payment issues. Can you
4:37:08 PM email me product lists with quantities and specification
sheets? Michael.Wong@dgs.ca.gov
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Mar 23, 2020 Sent Yes np.
4:41:18 PM
Mar 23, 2020 Sent Just sent over our sales sheet!
6:46:26 PM
Mar 23, 2020 Sent Hey Michael just sent a reply. Urgent though, my lead
9:50:03 PM supplier said he's about to pre sell 100 mil of his n95's
to the UK. I want us to lock it down. For this I can take
a deposit to hold the production inventory and send it
to Calif over time.
Mar 23, 2020 Received I can't prepay for 100M masks
9:54:36 PM
Mar 23, 2020 Sent I can take a small partial deposit
9:55:20 PM
Mar 23, 2020 Sent If that's too large of an order just let me know what
9:56:04 PM you think you might need or so a standing open po and
I'll make sure that's filled
Mar 23, 2020 Sent I do have lots of other manufacturers but this one that
9:56:38 PM messages me is fantastic so I just wanted to make sure
you knew his stuff was about to leave.
Mar 23, 2020 Received How much partial deposit? I need to have each
9:57:30 PM manufacturer vetted before we can execute
Mar 23, 2020 Sent That's fine. 10- 15% for a large order depending on the
10:47:35 PM manufacturer. These are well established
manufacturers.
Mar 23, 2020 Received I would like to see specification and certification sheets
10:49:38 PM for the product and proposed payment terms
Mar 23, 2020 Sent Ok got it. I'll have to you no later than the morning
10:50:02 PM unless you guys think you can move tonight?
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Mar 23, 2020 Received Morning is fine
10:50:21 PM
Mar 23, 2020 Sent Thanks. Not a problem.
10:50:39 PM
Mar 23, 2020 Sent You guys can also do a small test order too before the
11:00:33 PM big one.
Mar 24, 2020 Received Quick question: is payment made to your company or
3:01:47 PM overseas?
Mar 24, 2020 Sent My company cages the $. I then pay the manufacturer,
3:02:23 PM shipping, customs specialist etc.
Mar 24, 2020 Received And your company is based in the US?
3:02:48 PM
Mar 24, 2020 Sent Yep! And I live in Pasadena
3:03:01 PM
Mar 24, 2020 Sent Also if it helps, my preferred manufacturer for this
3:03:32 PM state is a Chinese American citizen. He lives in
Pasadena too and Ive known him for years.
Mar 24, 2020 Sent Henry is stuck in china because they have everyone
3:04:44 PM locked down but he really wants to bring his supplies
here!
Mar 24, 2020 Sent But like I said even if Henry's product gets taken up I
3:05:09 PM plenty of other manufacturers to work with.
Mar 24, 2020 Received What volume of the DTC 3B, DTX 3X, L-288, and
3:05:47 PM SEKURA-321 model masks can you ship
immediately?
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Mar 24, 2020 Sent Hang on let me check my multiple manufacturers but I
3:08:51 PM know my favorite one, Henry can get you 2 million out
the door and to you within 8 days. He can deliver you
25 million a month. But I have much bigger capacity
than that. I'll huddle with my team and crunch the math
super fast.
Mar 24, 2020 Sent Do you anticipate me needing to put together more
3:09:24 PM than 100mil this month? Just need a sense of how
many manufacturers I need to cobble together.
Mar 24, 2020 Received Initially let's shoot for 100M
3:11:59 PM
Mar 24, 2020 Sent Ok stand by!
3:15:36 PM
Mar 25, 2020 Sent Morning Michael, looking forward to closing this first
7:59:45 AM transaction this morning. Let me know you want to
take the next steps for the masks. Appreciate all your
help.
Mar 25, 2020 Sent Hi Michael, sorry to be annoying but I've got
10:35:27 AM Everything ready on my side and the inventory set
aside but we've got to put this deal to bed so I can get
them moving and lock in my prices. Anything I can do
to help speed things up on your side?
Mar 25, 2020 Received Working with finance
11:03:15 AM
Mar 25, 2020 Sent I see ok. Thanks. Not to rush BUT I literally have my
11:03:56 AM inventory locked and cannot hold it for much longer
without giving them $.
Mar 25, 2020 Received How do you want the advance payment?
11:20:56 AM
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Mar 25, 2020 Sent Via wire transfer is best.
11:21:16 AM
Mar 25, 2020 Sent Also my principal place of business is in Glendale
11:22:29 AM California. If it makes it easier for the state to know
they are doing biz with a team that's based in
California.
Mar 25, 2020 Received Ok working finance mechanisms
11:27:47 AM
Mar 25, 2020 Sent Hey I'm going to be stuck on call with another client
11:29:15 AM who we are closing a large order with for the next
hour. But you and I need to close this deal. So I'm
going to copy you with my corporate counsel Ethan
Bearman who can help facilitate anything you need in
the meantime.
Mar 25, 2020 Received What's the total order amount and the amount due
11:33:33 AM now?
Mar 25, 2020 Sent Michael, ok I'm back on the grid. Ethan just briefed
12:19:24 PM me. Great news on having the state handle much of the
shipping. Can we get the initial wire transfer done
before the cut off today so that I can lock down the
inventory pipeline for you. We can sort out the
logistics of shipping throughout the rest of today and
tomorrow. Make sense?
Mar 25, 2020 Received Waiting for final approvals for the wire transfer
12:20:14 PM
Mar 25, 2020 Sent Understood. We are all on standby....thank you. Can
12:21:10 PM you confirm you received our wire transfer
information? I just want to make sure you have
everything you need.
Mar 25, 2020 Received Yes I have it
12:21:54 PM
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Mar 25, 2020 Sent Great! Not to ramp up pressure but literally minutes
12:22:42 PM matter on me being able to lock down this inventory.
Thank you again for moving so quickly.
Mar 25, 2020 Sent Hey Michael is this us newsom is referring to?
1:16:32 PM
Mar 25, 2020 Received We haven't briefed the Governor on our purchase yet
1:22:45 PM
Mar 25, 2020 Sent Hmm weird. Is our deal still on?
1:25:37 PM
Mar 25, 2020 Received Yes, waiting for wire approval from DoF/SCO
1:26:59 PM
Mar 25, 2020 Sent Ok wonderful!
1:28:45 PM
Mar 25, 2020 Received Have you sent me the invoice yet?
1:42:17 PM
Mar 25, 2020 Received DoF needs it ASAP
1:42:25 PM
Mar 25, 2020 Sent No I have it ready
1:42:28 PM
Mar 25, 2020 Sent Should I send it to you? Or is there another email?
1:42:39 PM
Mar 25, 2020 Received Can you email it to me please
1:42:45 PM
Mar 25, 2020 Sent Yes give me two minutes
1:42:50 PM
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Mar 25, 2020 Sent Which zip code in Fresno is this going to? Need to
1:47:50 PM finish sales tax calculation.
Mar 25, 2020 Received 93725
1:48:08 PM
Mar 25, 2020 Sent K one sec
1:48:13 PM
Mar 25, 2020 Sent Sent!!!
1:59:55 PM
Mar 25, 2020 Sent Please confirm receipt.
2:00:26 PM
Mar 25, 2020 Sent Just sent you a note regarding shipping: Any reduction
2:05:25 PM in shipping costs due to California arranging transport
of goods will be reflected in the final balance billing.
Mar 25, 2020 Sent Michael, any update? We are checking the account and
2:21:07 PM nothing has come through yet.
Mar 25, 2020 Sent Hey Michael, do you have a shipping address for
6:29:42 PM where you want the masks to arrive? Trying to plan on
my side. Thanks.
Mar 25, 2020 Received 3131 S. Northpointe Dr. Suite 101 Fresno, CA 93725
6:34:28 PM ATTN: Brian Smith (916-621-8134)
Mar 25, 2020 Sent Got it thank you.
6:34:41 PM
Mar 25, 2020 Sent Michael, Abby just sent me a list of what she needs. I
7:27:05 PM can literally fill all of this without breaking a sweat.
Mar 25, 2020 Sent My supply chain can crank it out no problem.
7:27:19 PM
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Mar 25, 2020 Received I'll run numbers with my team and verify with you
7:34:12 PM tomorrow
Mar 25, 2020 Sent Just spoke with Dan Kim. Very nice guy. I'm cranking
8:31:27 PM out a rough timing and amount deadline for you and
Dan tonight.
Mar 25, 2020 Sent Also working to get you a rushed initial order to make
8:31:45 PM you guys feel better.
Mar 25, 2020 Received Thank you!
8:32:28 PM
Mar 25, 2020 Sent My pleasure. Also ill send you pricing and numbers on
9:04:01 PM the other items Abby said you guys need.
Mar 25, 2020 Received Spec sheets too please
9:06:53 PM
Mar 25, 2020 Sent You got it. Thanks.
9:08:26 PM
Mar 25, 2020 Sent Michael, do you happen to know the specs on the 3ply
10:24:56 PM masks you need? I told Dan I would source and give
him the best price.
Mar 25, 2020 Sent Know you're snoozing but just wanted to make sure
11:49:24 PM you knew to wire to heritage bank. Heard there was
some confusion on dgs side so wanted to be clear the
email Ethan Bearman sent is blueflames bank here in
Virginia.
Mar 26, 2020 Sent Hi Michael. We got the $1 hooray. Do you have time
10:54:54 AM shortly to talk through shipping? Ethan and I want to
make sure we understand what California wants to
hand and what we need to handle.
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Mar 26, 2020 Sent I mean the $$ lol not $1
10:55:04 AM
Apr 9, 2020 Sent Hi Michael, just left you a voicemail making sure you
1:36:16 PM received my email and had everything you needed
from us. Thanks.
CONFIDENTIAL BFM000200144
File and source
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- gov.uscourts.vaed.477405.132.5.pdf
- Size
- 2,052,404 bytes
- SHA-256
- a31a4a52422db9ea6ecd0fb4ea78611f054816285ce85f0cc7a4f7778e9ae2aa
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