I acquired an update from former BISS Employee, Robin Petersen about how the process is going in his suit against Boeing and their subsidiary, Boeing International Support Systems (BISS). 

It appears to be a case of Boeing playing a game of keep away with Mr. Petersen’s attorney and process server.  Boeing apparently is a bit out of sorts after they lost their hard push to get an Arizona judge to dismiss Mr. Petersen’s case recently.  They are back to pretending Boeing has nothing to do with BISS or any of its business practices. 

This would be very humorous except for the extreme hardship real people have gone through that the Boeing Company has caused, through the lack of responsible direction and management of their subsidiary, BISS.  I have posted a description of the legal document, the portion that is the Declaration of Process Server John Kizzire Regarding Efforts To Serve Defendant BISS.”   (The document would not copy for posting without many errors; my apologies for that.)

If anyone with knowledge of this area of concern with Boeing, or who has experience in successfully litigating against Boeing in similar cases, has any useful advice or information for Mr. Petersen, please comment or email to me at this site.  I will forward it to Mr. Petersen immediately.  Thank you.  GFS

Here is the overview as the proceedings appear to Boeing/BISS whistleblower, Rob Peterson:

‘Here is a copy of the “Affidavit” of our process server Mr. John Kizzire who attempted to serve BISS through the Boeing Plant in Mesa, Arizona.  One affidavit found in the BISS motion to dismiss ( Yvett B. Kumi, Boeing Company employee) states that “the only jurisdiction in which BISS is authorized to do business is the Kingdom of Saudi Arabia.”  Therefore inferring that BISS is not allowed to do business here in the United States.   However, BISS has been involved and is already providing aircraft maintenance and support to the RSAF (Royal Saudi Air Force) for a number of Apache Helicopters they have had in that country for the past several years.  The Boeing Company / BISS, Alsalam Aircraft Company and the U.S. State Department are now involved in a new business deal that involves $60 billion dollars worth of aircraft and military sales to Saudi Arabia.   This includes sales of more Apache Helicopters to Saudi Arabia.  So I believe that business records will be found upon discovery that will show a connection to BISS and in fact these records will show BISS is doing business with the Boeing Operation out of Arizona.  I have evidence that already proves BISS in fact doing business in Oklahoma City, and St. Louis, MO.  The evidence shows that the BISS VP, Torbjorn Sjogren is located in St. Louis; that the BISS legal counsel is located in St. Louis; that the BISS Chief Program Manager is located in St. Louis; and that the Boeing Company and BISS are jointly involved recruiting of American citizens from their operations in Oklahoma.

Here is a link to arms sale:

http://www.azcentral.com/business/articles/2010/08/20/20100820apache-helicopter-sale-boeing-mesa-arizona.html

Now the “Affidavit” I referred to in the beginning of the above paragraph and coming from our service processor, Mr. John Kizzire shows some interesting information.  It shows that “The Boeing Company” Attorney (Mr. Geoffrey Sturr) has purposely withheld information to cover up for BISS.  As anyone can plainly see that on page five (5) and page six (6) of John Kizzire’s sworn affidavit that Mr. Sturr states that he can be of no assistant to the process server who is trying to do his job.  In fact the Boeing Attorney who is now representing BOTH THE BOEING COMPANY AND BISS states he knows of no one who can accept legal service for BISS.   

The question becomes how is it that the attorney who has been representing “The Boeing Company” in this legal matter for months and who has now taken over the duties as counsel for BISS does not know anyone or any corporate officers for BISS who could be served with the summons and complaint?   The answer to that question is that this Boeing attorney, at the time of Mr. Kizzire’s contact on September 1, 2010, engaged in obstruction, unethical activity and maybe illegal activity by withholding this legal information from this service processor.   This is proven by the fact that THE BOEING COMPANY/BISS attorney stated only a few days later in his pleading to the court on September 17, 2010 that BISS was amenable to service in Saudi Arabia and then provided an address in which to serve BISS.  I suggest that this attorney Mr. Geoffery Sturr who represents both the Boeing Company and BISS also knew of BISS Corporate Officers located in St. Louis, Missouri who could have been served with the summons and complaint.’

Here is the description of process server, John Kizzire’s, experience while trying to lawfully serve papers to Boeing Subsidiary, BISS.  I have summarized the longer document. -GFS

Mr. Kizzire, an Arizona licensed process server tried to serve copies of a summons and complaint in the lawsuit of Petersen  v. The Boeing Company and their subsidiary, Boeing International Support Systems Company, Saudi Arabia Limited.”

 Since Boeing was not very forthcoming with their business information so it was reasonably easy to find out where to serve the correct people, Mr. Kizzire searched the records and databases of all of the following:Arizona Corporation Commission and Arizona Secretary of State, Delaware Division of Corporations, Washington State Secretary of State, Illinois Secretary of State, Ministry of Commerce and Industry – Kingdom of Saudi Arabia (Records are not available online, and do not appear to be readily available to the general public, by any means.  PACER federal court records for previous cases, in which BISS is named, to discover an agent or officer for service of process.  No other cases were found to have been filed naming BISS.

Mr. Kizzire then attempted service on two local Boeing executives for service on BISS through Boeing.   He attempted to serve Boeing at 5000 E. McDowell Rd, Mesa, AZ.  The Security Supervisor, Larry Sindle, stated he would not permit Mr. Kizzire on the grounds even though the server had court and state issued identification.  He passed the buck and told Mr. Kizzire he needed to contact Chuck Pfeister at (480) 891-0639.

 Kizzire was told that Pfeister is in charge of all of security for Boeing, Mesa, AZ. Kizzire called Pfeister, 9-2-10, got voice mail and left a message. 

About an hour later, he received a call from Judy Keledjian, (480) 891-7205, who said she is with the legal department of Boeing, Mesa, AZ.  She said Pfeister had asked her to return Kizzire’s call and that she could not authorize Kizzire’s delivery of to this location.  She deferred to the need to meet with her attorney to determine where and to whom Kizzire could deliver the legal papers. 

Keledjian did not call back.

A little less than an hour later, Kizzire received a call from Attorney, Geoffrey Sturr, of Osborn Meledon, Phoenix, Arizona.  Sturr said he was informed by the legal dept of Boeing, Mesa, of the problem.  He said that service on Boeing could be accomplished through their statutory agent.  Kizzire corrected that the service was not being attempted on Boeing, but on Boeing’s subsidiary, Boeing International Support Systems Company, Saudi Arabia Limited.   

Sturr was described as maintaining an abrupt, rude, and condescending manner throughout all of the communications on this matter.

Kizzire clarified that he was attempting to serve someone locally for Boeing in an attempt to accomplish service on Boeing International Support Systems (BISS) and that he (Kizzire) understood that service on two local executives for Boeing would suffice for service on BISS.  (Exactly what Boeing/BISS was trying to prevent.)  Sturr replied, “If the statutory agent had advised Kizzire of that information, they were mistaken.  Kizzire replied that the statutory agent did not advise him of anything.  He further stated that exhaustive efforts had been made to locate any persons authorized to accept service for BISS in Arizona, Illinois, Washington, Delaware, and Saudi Arabia, and that those attempts proved fruitless. 

Kizzare asked Sturr that as an attorney for Boeing, if he, Sturr, knew the persons authorized to accept service for BISS or if he knew any persons affiliated with BISS who might be able to confirm this requested information.   Sturr replied in a “rudely, abrupt manner,” “No.”  Kizzire stated that he had been given the name (by a switchboard operator at Mesa, AZ), of a law firm in Seattle that represents Boeing that Kizzire could contact, who would be able to confirm persons authorized to accept service for BISS. Sturr replied that Kizzire was probably referring to Perkins Coie, and that they would not be able to help him, Kizzire.  Sturr then stated “there is basically nobody who may be served for BISS in Arizona.”  Kizzire then asked that if Sturr could not provide the names, who could provide names of persons who may be authorized to accept service for or affiliated in any way with BISS.  He asked Sturr to refer him to the correct person.

 Sturr refused to help or assist in any way. Kizzire asked then if Sturr would at least be willing to check with someone else who may have any information about who may be contacted for BISS either in the United States or in Saudi Arabia.   Sturr replied he “would see what he could do.” When Kizzire tried to put a time frame on it and asked to receive the return call that same day, Sturr repeated “he would see what he could do.”    That ended the conversation between Sturr and Kizzire.

About 30 minutes later, Kizzire called Judy Keledjian at Boeing’s legal department, Mesa, Arizona.  Keledjian asked Kizzire if he had spoken with Geoffrey Sturr.  Kizzire affirmed that he had.  Keledjian then divulged that after Kizzire’s first phone call with Keledjian that morning, she had checked with her attorney in Mesa, Arizona, and he said he has nothing to do with Boeing International.  She then contacted her attorney in Saint Louis, and he recommended, “Geoff handle it.”   

About two hours after that last phone call with Geoffrey Sturr, Sturr called Kizzire back and stated he could not help him with any information nor could he direct Kizzire in discovering information about how to serve BISS in Saudi Arabia or the United States.  He stated all he knows is that BISS is a Saudi company.  

 

GFS’s Comments:

BISS is a wholly owned subsidiary of the Boeing Company (USA).  That is what Boeing has told and represented to the U.S. Government in their participation in the National Industrial Security Program. (NISP)  Anybody see a problem with the statements of Mr. Sturr?  Anyone see a problem with Boeing playing this game to try to prevent Petersen’s attorney and server from processing Petersen’s lawsuit as legally required? 

 

Boeing should be able to immediately identify the correct people so they may be served as provided for in U.S. law.  If they can’t, why can’t they?  This appears to me to be an attempt to either evade Justice and the U.S. legal system or to postpone it for purpose of evading Justice and possible penalties for the alleged criminal actions and activities of Boeing/BISS. 

 

I am wondering if Boeing is trying to prevent being served in order to manipulate the system, similarly to what is described in the another post, I found on POGO’s Website today,   “Secret Deals May Lead to Bailouts for Defense Contractor Misconduct.”  Put off being served until the DOD has put up the protection so no suit can be successfully filed or processed?  (Please read this post also posted today.)

 

Does anyone in the federal government, contracting oversight or management, have any helpful information for Robin Petersen regarding how his process server may overcome the keep away game that Boeing is playing to try to prevent his legal counsel from serving Boeing/BISS with suit paperwork?   Can any of you specifically help?  Please contact me if you can. 

GFS

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