Wednesday, January 27, 2016

The Null/Pacifica drama court papers, and more...

The following was posted elsewhere by Mitchel Cohen. As usual, he makes light of serious business. It's good to see that Berthold Reimers made Null's list. Scroll to bottom for the court papers in PDF form, courtesy of an unnamed contributor.

Mitchel Cohen posted:
Please note: Not having been a WBAI board member for the last 3+ years, I am not able to post to the WBAI Local Station Board lists. So I'd appreciate it if you would post this response to those lists for me.

I just received a note from Steve Brown, who apparently sent it out widely. So, to keep you ACCURATELY informed:

Gary Null & Associates, Inc., located at 27 East 31st Street, 12th floor, in Manhattan (just off 5th Avenue), has apparently filed a complaint in federal court in New York. Please note the defendants: 
In the United States District Court 
Eastern District of New York
Civil Action No: 1:16-CV-241
Gary Null & Associates, Inc., 
Pacifica Foundation, Inc, Berthold Reimers, Lydia Brazon, John Gladney Proffitt, Margy Wilkinson, Mitchell Cohen
Thanks Gary! I am so honored to be part of such an august and fictional conspiracy! Margy must be having a good chuckle as well. (How's the weather out there in Bezerkley, Margy? As you can see, you Californians have nothing on New York for sanity! We're Number One!)
I only wish Gary'd at least spelled my name right. I need to be properly credited in google searches, for when Matthew Lazar writes his next history of Pacifica and includes this thunderous lawsuit! I'm hopeful we could offer it as a premium.

Contrary to Steve Brown -- who was apparently forwarded a defective copy of something I wrote privately (little does he realize that I marked each letter I sent out with code-words so as to be able to discover who the mole might be! Ssssh, don't tell him!) -- I have not been served, and I doubt that other defendants other than Berthold Reimers have been served yet either ....  perhaps Gary wisely had second thoughts and we will not be served at all?

So for Steve to blame Lydia Brazon for not informing the PNB about his own and Gary's failure to serve her with the federal court complaint is at best premature.

Gary, please instruct your folks to be sure to serve me. I don't want to miss any part of such a constructive effort to pull Pacifica together!

I'm up for this battle royale -- I've taken plenty of Gary's non-organic Green stuff. (Gasp, I realized that it was not organic too late, various implications to the contrary. Thanks Gary for making me realize your competitor -- the mostly organic, non-sweetened Green Vibrance -- is on sale here in Brooklyn at 1/2 the cost!) 

And we're off!

At a time when we should all be pitching in together to save Pacifica, the claims in Gary Null's complaint are just such utter bullshit -- not a gram of truth to them -- that I wonder what Gary's and Steve's secret aim here. I mean, Gary's sueing me personally for millions of dollars! Why is he so willing to pony up his own millions -- and his reputation -- in order to succeed in prying my torn sneakers off my feet and winning them in settlement (you could've just asked, you know!), and in uniting Pacificans from different factions, finally, ......... in opposing THEM.

Good job, boys. My seconds will call on you in the morning!

Mitchel Cohen

Sorry, Mitchel, but here are the court papers.
Civil cover sheet and Additional papers (6 sheets)


  1. This secret lawsuit is starting to sound like a comedy show. Why on Earth do I sense Mitch may actually have a slight bit more credibility here than Null?


    1. Both men have a history of dodging the truth and injecting fantasy. That makes it quite difficult to go with one or the other, doesn't it? Circus Pacific's has more rings than Barnum ever thought of. One was dragged over from Circus Marximus. What's missing is the ring of truth. :)

  2. Short, sweet and interesting blog on Null and the (then) potential lawsuit.



    Hey WitchDoctor: Put up or shut up.
    Can anyone rid us of this meddlesome snake oil salesman? Fire his ass NOW!!


    1. Right On- It is hard for me to understand WHY/ some people believed this CON-Man$$
      disguise as a "progressive" what-ever.
      Nulls want to OWN WBAI it is clear...this self promoting LIER.A veery dangerous Reactionarty-cadre working for Himself-of course and for the system that4 allow and promote this immoral way of"doing busisness" Xcuse my spellinm-grammar-ETC.

  4. OK, so I read the papers. For all the huff and puff and blow your house down with "evidence" of criminal wrongs and other sundry allegations by Null, this lawsuit is about one thing - Null's wallet. Right or wrong, this lawsuit is about Null and his business, not being paid and trademark infringements. So much for Null and all his propaganda about Pacifica and WBAI. This is about a man who wants his money.

    What's funny is that Null couldn't just be honest from the start of his tirades and admit he was being ripped-off, if he felt he was. He had to make this look like it was all about concern for other people. What I want to see is how this will all work with the next beg-a-thon. I don't see how his products can be hawked during it if he knows full well people won't get what they pay for.

    What's his game? Money WBAI can't afford to pay him? Is he doing an East Coast station license grab like the KPFA Foundation thinks they can accomplish? No matter what, Null knows there is no way he is getting any money from WBAI, so he must look for it from Pacifica. Will Pacifica settle? Anyway. Lots of questions in this circus. And to think, only a few weeks ago Null was all friendly with Reimers and his nice family. Another thing is the timing, right before the next beg-a-thon. I wonder if Reimers decided to bounce Null out of it again. Last time Reimers did it, WBAI made less money, but not as much as I thought they would lose.

    Another question is where bates and Davis fit into this. They seem to be the star team of beg-a-thons now.


    1. I'm inclined to think you've got it right, again, SDL. I never bought Null's self portrait as a WBAI benefactor. He was too quick to tell listeners of his own generosity. As we know, Pacifica has a history of settling out of court, but I don't think the money is there this time.

      This will indeed be an interesting beg-fest and it doesn't take deep insight to predict that WBAI will go farther into the red during black history month. A smelling salt concession ought to do well.

    2. Null's attorney chose no jury. I don't know if that is interesting or not.

      I don't see how Null can hawk any premiums during any beg-a-thon while the lawsuit exists. That's an acceptance of the conditions he's suing over. Unless this disappears in a few days, Bates and Davis will be heard a lot on WBAI.

      Forget smelling salt. Try electroshock therapy.


  5. I will emphasize that I am not an attorney.

    It would appear that Null is seeking injunctive relief with respect to ‘Trademark counterfeiting, infringement, and dilution; copyright infringement, unfair competition, breach of contract, and fraud’ – cf Cover Sheet / VI. Cause of Action

    I would think that he has a case.

    I would think, too, that any ruling in his favor may open Pandora’s little sack of tricks with respect to other possible action(s).

    ~ ‘indigopirate’

  6. I'm surprised he didn't sue Michael GeeWhiz.