Conference call on Safeway’s second-quarter 2012 earnings held at 11:00 a.m. EST on July 19, 2012, available on Earningscast.
Shortly after the stock market closed: Safeway, “Safeway Announces Retirement of Chairman and CEO Steve Burd,” press release, January 2, 2013.
Among a list of his achievements: Ibid.
Just three months after leaving: “Letter from Steve Burd, Founder and CEO” at Burdhealth.
10. “WHO IS LTC SHOEMAKER?”
The idea of using Theranos devices: Carolyn Y. Johnson, “Trump’s Pick for Defense Secretary Went to the Mat for the Troubled Blood-Testing Company Theranos,” Washington Post, December 1, 2016.
With the approval of his boss: Email with the subject line “Seeking regulatory advice regarding Theranos (UNCLASSIFIED)” sent by David Shoemaker to Sally Hojvat at 10:16 a.m. EST on June 14, 2012.
Hojvat forwarded his query: Email with the subject line “FW: Seeking regulatory advice regarding Theranos (UNCLASSIFIED)” sent by Sally Hojvat to Elizabeth Mansfield, Katherine Serrano, Courtney Lias, Alberto Gutierrez, Don St. Pierre, and David Shoemaker at 11:43 a.m. EST on June 15, 2012.
However, in practice, it had not done so: Office of Public Health Strategy and Analysis, Office of the Commissioner, Food and Drug Administration, “The Public Health Evidence for FDA Oversight of Laboratory Developed Tests: 20 Case Studies,” November 16, 2015.
That changed in the 1990s: Ibid.
Gutierrez forwarded the Shoemaker email: Email with the subject line “FW: Seeking regulatory advice regarding Theranos (UNCLASSIFIED)” sent by Alberto Gutierrez to Judith Yost, Penny Keller, and Elizabeth Mansfield at 4:36 p.m. EST on July 15, 2012.
Yost and Keller decided it wouldn’t hurt: Email with the subject line “RE: Seeking regulatory advice regarding Theranos (UNCLASSIFIED)” sent by Judith Yost to Penny Keller and Sarah Bennett at 11:46 a.m. EST on June 18, 2012.
The job fell to Gary Yamamoto: Email with the subject line “FW: Seeking regulatory advice regarding Theranos (UNCLASSIFIED)” sent by Penny Keller to Gary Yamamoto at 5:48 p.m. EST on June 18, 2012.
Two months later, on August 13, 2012: Email with the subject line “RE: Theranos update?” sent by Gary Yamamoto to Penny Keller and Karen Fuller at 2:03 p.m. EST on August 15, 2012.
When he explained that his agency: Email with the subject line “RE: Theranos (UNCLASSIFIED)” sent by Penny Keller to David Shoemaker, copying Erin Edgar, at 1:36 p.m. EST on August 16, 2012.
In a blistering email to General Mattis: Email with the subject line “RE: Follow up” sent by Elizabeth Holmes to James Mattis, copying Jorn Pung and Karl Horst, at 3:14 p.m. EST on August 9, 2012.
He forwarded it to Colonel Erin Edgar: Email with the subject line “FW: Follow up” sent by James Mattis to Erin Edgar, copying Karl Horst, Carl Mundy, and Jorn Pung, at 10:52 p.m. EST on August 9, 2012.
He also forwarded to Shoemaker: Email with the subject line “Fw: Follow up” sent by Erin Edgar to David Shoemaker at 1:35 p.m. EST on August 14, 2012.
The blunt-spoken general had: Thomas E. Ricks, Fiasco (New York: The Penguin Press, 2006), 313.
With Colonel Edgar’s encouragement: Email with the subject line “Theranos (UNCLASSIFIED)” sent by David Shoemaker to Penny Keller and Judith Yost, copying Erin Edgar and Robert Miller, at 3:34 p.m. EST on August 15, 2012.
The response he got: Email with the subject line “RE: Theranos (UNCLASSIFIED)” sent by Penny Keller to David Shoemaker, copying Erin Edgar, at 1:36 p.m. EST on August 16, 2012.
When he confronted Colonel Edgar: Email with the subject line “Re: Theranos (UNCLASSIFIED)” sent by Erin Edgar to David Shoemaker at 7:23 p.m. EST on August 16, 2012.
At 3:00 p.m. sharp on August 23, 2012: Email with the subject line “RE: Theranos followup (UNCLASSIFIED)” sent by David Shoemaker to Alberto Gutierrez at 10:58 a.m. EST on August 20, 2012.
11. LIGHTING A FUISZ
The doorbell at 1238 Coldwater Canyon Drive: Affidavit of service of summons notarized on October 31, 2011.
The couple had purchased it: Theranos, Inc. et al. v. Fuisz Pharma LLC et al., deposition of Lorraine Fuisz, June 11, 2013, 111; Realtor.
He had sold it: “Biovail to Buy Fuisz Technologies for $154 Million,” Dow Jones, July 27, 1999.
It was now part of: “Biovail to Merge with Valeant,” New York Times, June 21, 2010.
The lawsuit had been filed: Theranos, Inc. et al. v. Fuisz Pharma LLC et al., complaint filed on October 26, 2011, 7–10.
The first and only time Fuisz: Email with the subject line “http://freshpatents/​Medical-device-for-analyte-monitoring-and-drug-delivery-dt20060323ptan20060062852.php” sent by Richard Fuisz to John Fuisz, copying Joe Fuisz, at 8:31 a.m. EST on July 3, 2006.
John replied that McDermott: Email with the subject line “Re: freshpatents/​Medical-device-for-analyte-monitoring-and-drug-delivery-dt20060323ptan20060062852.php” sent by John Fuisz to Richard