The following is pg.114 of the F12-6826 remand response, as received by Lewis on 2/16/13. Page 114 was unusual in that the text was extremely tiny and low-contrast, in places unreadable. Here, the text is reconstructed to be easily read. Format changes (e.g., the yellow highlight) were added.
Fw: Re: Lewis case
Naomi Tsuda to Don Bobertz
4/15/09 at 8:19AM
To: Naomi Tsuda
From: Dick Fossier
Cc: Aletha Hicks-Moffatt, Andy Richards, Gwen Marshall, Monique France, Clemortee Marable, Glen Rotella, Shawna Richard
Date: 4/15/09 at 6:25AM
Subject: Re: Lewis case
NAOMI – I 2 am not surprised. FYI – Lewis did submit his retirement paper work on 4/8/09 with a retirement date of 5/5/09. Shawna will proceed and process it. dick
From: Naomi Tsuda
To: Andy Richards, Monique France, Gwen Marshall, Aletha Hicks-Moffatt, Dick Fossier
4/14/09 at 5:07PM
Subject: Lewis case
I hope you are sitting down. We just received a document entitled ‘Petition for Review’ from Jeffrey Lewis, essentially indicating that he entered into the settlement agreement through fraud and mutual mistake. He claims I intentionally deceived Appellant and the Board by withholding documentation that he had been previously admonished.
As you may recall, prior to the start of the hearing, his attorney claimed we had already taken disciplinary action by admonishing him. He cited to Dick Fossier’s email to Richard Giles that represented that Lewis had been admonished, and Giles then communicated that to Lewis. We addressed that motion at the outset of the hearing, but now Mr. Lewis is claiming that I withheld the information.
Bottom line, he is trying to get the settlement agreement set aside and to have his day in court. I am evaluating the document with Don Bobertz, and we will contact the AJ and advise you of our opinion on where we go from here. My immediate take is [lengthy redaction, 100-150 words total] …(email ends with this lengthy redaction, followed by name/phone for Naomi Tsuda)