Batting 1000

Law of Averages

The idea that probability will influence all occurrences in the long term, that one will neither win nor lose all of the time.

We know that baseball success, when talking batting average, is based more on failure rather than success. A batter who hits 300 may be an All Star, but he fails to get a hit far more often than he succeeds. Imagine what it must take to bat 1000. Well, that is what Mr. Arthur S. Demoulas bats in the courtroom. Today, Judge Sanders ruled that Bill Shea and Terry Carleton must go to Monday’s Board meeting and also that if they don’t, the quorum rule will be lifted. Realistically we felt the judge would rule that Bill & Terry would have to attend Monday’s Board meeting but she also lifted the quorum (a company By Law that ASD’s side invoked on more than one occassion) and lifted it for future meetings as well,  ASD got everything he asked for as usual.

Essentially, Bill & Terry have been rendered powerless as Board members. Go to a meeting, fill the quorum, get outvoted 5-2. Don’t go to a meeting, quorum lifted, votes go 5-0. Oh and by the way, the “A” and “A/B” directors don’t have to communicate with them either. How a Judge in Business court can justify this is bizzare.

Arthur S. Demoulas and his people can now have their way to do whatever they wish with the company and its assets. Monday, they can authorize a special dividend for the shareholders. The Board can vote themselves a raise. They can start to sell off real estate. You name it, they can do it.

Some interesting tidbits from the hearing:

There was a last minute change in judges. Judge Roach had been assigned the case but lo and behold, Judge Sanders walked into the courtroom. We don’t know if that is normal, but when it comes to ASD and the courts, something makes us think that this wasn’t just a random occurance.

According to a source who was there, during his argument, Attorney Fitzpatrick (ASD’s lawyer) held up a copy of one of our ads and called the 4% sale “ludicrous”. He spoke of how Arthur T. is running amok with the company and came up with this promotion that is costing the shareholders hundreds of millions in profits. Oh poor them! Imagine the gall of our President to save his customers an additional 4% and deprive the shareholders of some vital pocket change that they must need to make ends meet. How dare he lure new customers into our stores and away from competition while at the same time preventing ASD from buying another 1960 Mercedes Benz 300SL Roadster that he can show off at Pebble Beach?. Arthur T Demoulas knows more about the grocery business than you, Mr. Fitzpatrick, know about the law. For you to slander him as you reportedly did is outrageous.

To our customers: you should be outraged alongside us! Spread the word that this great company is in grave danger of falling victim to the greed of a select group of people. Arthur T. Demoulas knows what it’s like to struggle to make ends meet and identifies with his customers, Arthur S. Demoulas is as far out of touch with the very customers that support him as Marie Antoinette was with her subjects.

We don’t know what Monday will bring but we do know this: we need to stop bringing our cases to court. Arthur S seems to own the place. The law of averages does not apply there.

If you’d like to speak with an Officer of our company about what is going on, we suggest you call or email the Secretary of  DSM Gerard Levins at his office. We are sure, that like all other company officers and senior management who have spent decades with us, he will welcome your questions and comments.


  1. cindy whelan says:

    Taking a deep breath, and preparing myself to do whatever needs to be done to protect and save OUR company, OUR beloved CEO, OUR cherished customers, and everyone associated with US from these corporate raiders, so to speak. I find strength in the belief that OUR determination to overcome this “take-over” is absolute. WE are Market Basket, and we come second to none. PERIOD.

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