Michael Scha?er, Esq. Boies Schiller Flex 3 Floor Los Angeles. CA 90017 Re: Kevin Murphy. MD Dear Michael. I write to demand that the University of Cali fomia-San Diego. and specifically Department Chair AJ Mundt immediately cease and desist in his defamatory statements and deleterious conduct directed at Dr. Kevin Murphy. Last year at UCSD's direction in an effort to resolve and remove business impediments wholly created by the University's misdirection and mismanagement. Dr. Murphy acquiesced in the suggestion that he transform his current faculty role into a part-time MSP position as a way to remove any argument over any (mis)perceived potential for con?icts. In an effort to get this research started. Dr. Murphy agreed, and submitted a request to his department in October 2018 oflast year to move to MSP contract, a request that was then held up and denied signature by his department chairman, AJ Mundt. and Dan Weissburg. the now-deposed "compliance? officer. Now. this past week. a MSP boiler plate contract appeared in Dr. Murphy?s inbox from his department. suggesting that Chairman Mundt. no longer in?uenced or mislead by Mr. Weissburg. was proceeding along the lines formerly laid out. Instead, it now comes to light that Chairman Mundt is informing fellow faculty members and others that Dr. Murphy is being ?forced into a MSP appointment. because his existing full-time faculty position is in jeopardy." Since the possible move to a part-time MSP was the product of mutual discussion and consideration with the University. and an option that Dr. Murphy could have accepted or rejected (and still may). then his Chairman is now engaged in knowingly unprofessional and unethical rumor mongering. that would serve to damage or destroy Dr. Murphy?s reputation, and smear the productive work that he has done for his department and the University over the last 16 years. Being forced out ofa full-time position obviously implies some foul play or wrong-doing on his part. which will lead to the creation of further rumors. which he does not deserve. Of course. if Dr. Murphy?s position is injeopardy or his is being forced out without his knowledge while being lured into allegedly consensual and mutually beneficial alterations in contractual statue, then this simply continues the Star Chamber processes decried in earlier correspondence. If this is true. we would like to have someone. perhaps you or perhaps somewhere at an appropriately high level at UCSD. explain why he is being ?forced" to a part- time status. and why his current appointment is in jeopardy if there is an uncompleted and allegedly fair. unbiased and objective audit or investigation still ongoing. It is important. as noted above. for the University to understand that Dr. Murphy was guided at each step here by University of?cials (including the chief counsel to his school and department) who suggested. authorized and rati?ed eveiything that he did in connection with his University work, his independent undertakings and his documentation of that separation. These written communications from the UCSD Health System "now former? Chief Counsel, Mike McDermott. from his UCSD email and with its signature block, outline his knowledge and direct involvement in naming, setting up Dr. Murphy?s current private practice, contracting vendor relationships. leases. lP, etc. A similar train ol?emails and events over the last 12 months with Dan Weissburg. where he again set up and codi?ed Dr. Murphy?s University relationship in an effort to remove all compliance issues. who then told Dr. Murphy that he had a clean bill of health and the University leases were approved and signed. only to later ?ip into unfounded accusations and threats that probably cost him hisjob. Dean Brenner The UCSD Foundation were also fully aware of what Dr. Murphy was working on and were present in meetings where all of these now alleged ?issues? were discussed and addressed "appropriately" as far as Dr. Murphy knowledge. These writings have seemingly remained unrequested only to avoid seeing the truth or having to deal with the embarrassment of such others. Dr. Murphy will no longer tolerate delay. defamation or distraction from his work. Under these conditions. Dr. Murphy mav or mav not proceed with his intendedghange in status; .. But what is clear that Dr Mumln will proceed against Chairman Is he ersists iri__t_l1e noted conduct or other'w we re- engages in am inappiopiiate retallaton or other conduct directed at Dr. Murphy, Should vou or_ any other UCSD official or represenlanve wish to discuss these matters lurtl1e1.l am happy to do so. keepmg _rni_11_d_. _t_hat the e\pe11 adv1__c_e_Dr_ Murphy has recen ed so ial has Cleated this quagmire in the first place. Any such meetingL oi: willingness to meet. is without prejudice to any and all claims against the University. ist personnel or its agents. in connection with Dr. Murphy's legal fees and expenses and other damages. Very truly yours. James P. 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