Last Updated Jan 13, 2010 1:08 PM EST
Part of Insignia's claim alleges that NAM staffers tore out ads placed by Insignia for its clients in supermarkets that NAM wanted to control. But a recent motion filed by NAM alleges that, in fact, there's no evidence that ever happened -- despite Insignia's cloak-and-dagger attempt to catch NAM execs in the act.
The motion urges that a former Insignia executive, Richard Rodriguez, either be precluded from testifying at trial or that he be dragged into a deposition about the alleged sting operation he ran in Ralph's supermarkets against NAM. The motion says:
News America sought to question Rodriguez about the "Ralph's Monitoring Project." According to documents produced by Insignia, the Ralph's Monitoring Project was a covert "sting" operation whereby Insignia management was hoping to catch News America representatives removing Insignia signs from retailer shelves without authorization. Insignia hired a team of private investigators (from Cannon Street Incorporated) to conduct surveillance and monitoring with hidden cameras at four Ralph's grocery stores in Southern California, Rodriguez's territory.Insignia has yet to file a response.
The investigation report, which is subtitled "Litigation Support," shows a calculated effort by Insignia to gather evidence of News America removing Insignia signs in order to support its unproven claims in this case. ... Despite spending no less than $61,000 on the Ralph's Monitoring Project, however, Insignia's documents also reveal that the investigation uncovered no evidence whatsoever of News America improperly removing Insignia signage.
- News America Claims Ex-Sara Lee Exec Filed "Sham" Evidence in Monopoly Case
- News America Paid $29.5M in Mysterious Floorgraphics Acquisition
- Insignia Wins Ruling v. News America; Stage Set for Another Antitrust Trial in POP Biz
- News America's Carlucci Again Accused of Threatening to "Destroy" Floorgraphics
- Valassis, Insignia Stock Jumps on News America Marketing Group Settlement