Melinda
Pillsbury-Foster
1107
Crestline Drive
Santa
Barbara, CA 93105
BYMAIL
Jennifer Bambi
Hachette Filipacchi Media
1633 Broadway, New York, NY 10019
August 27, 2004
Dear Ms. Bambi,
In reference to your response to the
letters sent to Carol Smith on June 11th and 14th
of this year I would first like to thank you for responding at all.
Since that courtesy is rare in my experience it is sincerely
appreciated.
However, I must take issue with and
enlarge our discussion on several points.
Contracts need not be written. A
contract is composed of offer and acceptance and necessitates an
exchange of values. If Ms. Rosman had not asked for and received an
exclusive thus limiting our ability to give other interviews for what
turned out to be nearly a year there would have been no exchange of
values and you would be correct. However, this is not the case. Ms.
Rosman did ask for such a consideration and it was granted.
The second point that we need to take
up is the timing of your response. The initial letter was FedExed
and the time of receipt is thus fixed and noted. One might wonder
why two and a half months had been allowed to pass before a response
could be sent. This becomes even more curious when since that time
my daughter and I have filed a suit in New York for slander and libel
that reserved the right to add defendants. That pleading has been
widely circulated and we have received numerous inquiries on the
suit. Your response clearly could have been responsive to that
filing and thus your letter could be responsive not to the initial
letter but in hopes of avoiding having your client named as a
defendant in that suit.
When and if this matter was litigated
the basis of proof necessary to prevail would be that pertaining to a
civil action and the timing of your response would raise questions
that would need to be answered.
You should also know, if you are not
aware, that the journalist, Katy Rosman, was recently hired by the
Wall Street Journal. This also goes to the issue of motive for
deciding not to run the article as agreed. It may well be that other
actions that imply trades of favors were made of which we are not yet
aware. We are looking in to that.
Again, I want to thank you for your
response. It was very much appreciated. I hope I spelled your name
correctly. I tried to read it but may not have been accurate. Since
my own signature is also scrawly I understand the problem. I type my
name below it so as not to cause misunderstandings.
Sincerely,
Melinda Pillsbury-Foster
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