Skip to comments.Old Chryslerís Attys Have Withdrawn Their Improper Birther Footnote From Reply Memo (Donofrio)
Posted on 03/03/2010 10:22:08 AM PST by STARWISE
In a previous post, I took issue with Old Chryslers attorneys despicably playing the birther card in their Response to our Motion To Reconsider the Courts June 9, 2009 Rejection Order and June 19, 2009 Rejection Opinion. In our official Reply to their Response, I petitioned the Court to have that Footnote struck from the record. Judge Gonzalez treated (Footnote 14, pg. 24) our request as a Deemed Motion To Strike and gave Old Chryslers attorneys time to answer that Motion.
On Feb. 11, 2010 Old Chryslers attorneys (Jones Day) officially withdrew Footnote 13 from their Response memo, stating:
Response and Notice of Withdrawal of Footnote 13
6. Although the Debtors disagree with the Movants claims in their Deemed Motion to Strike (particularly since the Debtors contend that the Movants placed at issue the timing of their filing and any motivations and explanations related to such timing), the Debtors hereby withdraw footnote 13 from the Objection to resolve this matter and avoid the need for further litigation of this matter.
Having severely embarrassed themselves by extending their smear campaign against our clients to an official Court document, this retreat appears to be damage control as they must be aware that Steve and I are preparing a Rule 11 Sanctions Motion against them for making obviously fraudulent statements regarding the testimony of two key witnesses in their Response to our Motion.
A poker reference is again necessary. Old Chryslers birther footnote was nothing more than a distraction bluff aimed at disguising the weakness of their hand. The record of the case clearly shows that Old Chrysler was the only party directly responsible for ripping the livelihood from our clients. We didnt go after the Government or raise the eligibility issue in our papers. Our Motion was specifically directed against Chrysler activity. Old Chryslers attorneys sought to raise the birther issue as a distraction from the law. Had the law actually supported their position, they would not have sought to distract a soul.
Lucky their position has such an ally as Judge Gonzalez who by failing to correct his own fraudulent statement in Footnote 21 of the June 19, 2009 Rejection Opinion has now elevated his transgression to intentional fraud.
Personally, I have never seen a more obvious fraud perpetrated by a Judge. Where the witness clearly answered, No, the Judge has changed the answer to Yes. If this behavior is not repudiated by an appellate court down the road (and we will be going all the way to SCOTUS), then you can kiss any hope of a just America goodbye. This is the test case to see how far they can push small businesses into submission. The gauntlet is here. If Judge Gonzalez can change testimony at will, so can any other judge. And so they will if this is allowed to go unpunished.
Leo C. Donofrio, Esq. for the Law Office of Pidgeon & Donofrio GP
On January 15, 2010, attorneys for Old Chrysler from the esteemed mega law firm Jones Day - responded to our Motion To Reconsider the Bankruptcy Courts Dealership Rejection Order/Opinion.
However, opposing counsel have certainly lost their cool by grabbing mud and slinging it right in the Courts face. They did this by playing the birther card in a memo supporting their Objection to our Motion while our Motion has absolutely nothing to do with the President. In fact, we clearly stated in that Motion that we do not contend the Government requested the Chrysler dealers be rejected.
It appears that Old Chryslers attorneys are doing their best to distract the Court from the law by raising issues which do not affect the case. They do this by way of psychoanalyzing the motivations of our clients for bringing this Motion.
I have reminded these attorneys and the Court that 789 small businesses were gutted and approximately 40,000 jobs lost as a result of the Chrysler dealers having their livelihood ripped from them.
Steve Pidgeon and I were very encouraged when we read the Objection to our Motion. When attorneys as skilled and savvy as Jones Day go down the path of distraction from the cold hard law, they must have good reason to distract therefrom. That reason is obvious the law does not support their position and now theyre taking emergency actions to muddy the waters the Court must swim in.
Of course, if the law supported their position, Jones Day would not want anything to distract the Court from the law. So this is getting very interesting. Our Reply to their Objection is Docket No. 6270.
John Charlton of The Post & Email has done an accurate write up which includes links to the actual documents.
Phil at The Right Side of Life has also written an accurate report which includes embedded Scribd copies of the documents.
The Law Offices of Pidgeon & Donofrio now represent 76 former Chrysler Dealers. The number is up from 21 at the time we first filed the Motion.
Old Chryslers Attorneys Have Withdrawn Their Improper Birther Footnote From The Reply Memo
RESPONSE OF DEBTORS AND DEBTORS IN
POSSESSION TO DEEMED MOTION TO STRIKE
/s/ Corinne Ball
222 East 41st Street
New York, New York 10017
Telephone: (212) 326-3939
Facsimile: (212) 755-7306
David G. Heiman
901 Lakeside Avenue
Cleveland, Ohio 44114
Telephone: (216) 586-3939
Facsimile: (216) 579-0212
Jeffrey B. Ellman
1420 Peachtree Street, N.E.
Atlanta, Georgia 30309
Telephone: (404) 581-3939
Facsimile: (404) 581-8330
ATTORNEYS FOR DEBTORS AND
DEBTORS IN POSSESSION
"Public Docket For Chrysler Bankruptcy Has Been Sabotaged To Conceal The Fraudulent Dealer Rejection Opinion by Judge Gonzalez.
The docket number for the fraudulent June 19, 2009 Rejection Opinion by Judge Gonzalez is 4145″. But if you plug that number into the search engine, it now returns a blank entry (see image above).
Furthermore, if you reach the page containing all of the entries for June 19, 2009, you will see that the docket skips from 4144 to 4146, mysteriously ignoring the enigmatic 4145.
Somebody has seen to it that the public no longer has direct access to the fraudulent opinion written by Judge Gonzalez. This is a very recent development which appears to have happened right around February 1, 2010 the date Judge Gonzalez was awarded the position of Chief Justice just four days before he issued his denial of our Motion to Reconsider (docket no. 6341). At that time, I noticed the public docket was not available at all for a few days. Now, upon its return, the most important document pertaining to the rejected Chrysler Dealers rights has been mysteriously sabotaged out of the docket.
Havent our clients been subjected to enough sabotage already?
This is not a political issue. Every American citizen should be outraged at what has happened to our clients. Your small business could be the next victim.
If you are an attorney registered with the Electronic Filing System via the official web site for the Southern District of New York Bankruptcy Court, you can still retrieve document number 4145 there. But the general public cannot gain access thereto. One must register as an attorney of record before a password is provided.
Welcome to the new Amerika, kids. If the truth hurts, just hide it from view. If the witness doesnt say what you want him to say, just change the record to make it appear as if he said what you needed him to say to make the case fit your pre-determined opinion. How the hell would Judge Gonzalez explain his patented judicial ventriloquism to his students at NYU School of Law? Oh wait, he wont have to now that his fraudulent opinion has gone missing.
It appears hes added magic tricks to his ventriloquism act."
Docket fraud? Hmmm...sounds kinda familiar!
Corinne Ball describes landmark Chrysler restructuring in interview with The American Lawyer
In one of the most high-profile bankruptcy cases in history, involving the first U.S. “Big Three” automaker to go through chapter 11, Jones Day partner Corinne Ball led the lawyering behind Chrysler’s historic six-week restructuring.
In the cover story of The American Lawyer’s September 2009 issue, she describes the company’s round-the-clock negotiations with secured lenders, Fiat, the United Auto Workers, the U.S. Treasury, and the Presidential Auto Task Force, and the litigation strategy “executed...with precision and verve” that led to victory in the United States Supreme Court.
In addition to the cover story, AmLaw also has provided a brief video interview with Ms. Ball.
Besides the bad makeup, she kinda
reminds me of Bernardine Dohrn.
There are enough fringy fraud events with
these cretins to fill two Tom Clancy novels.
But Phil has also confirmed that the Opinion is still mysteriously missing from the public docket for the Chrysler case.
This is the docket we've been linking to throughout the Motion to Reconsider as it's the main clearinghouse for all Chrysler bankruptcy information.
We will inform you if the situation changes.]
Other lawsuit updates
Was there a conspiracy to put Obama in the White House?
IN 2006, LAWYER WORKING FOR LAW FIRM WITH TIES TO OBAMA FLOATED THE IDEA OF A TAKEOVER OF OUR GOVERNMENT BY A FOREIGN POWER
The smear and judicial bias isn't being condoned under the impending Rule 11 Sanctions Motion. Time to get serious Chrysler, or you'll get schwacked in the appeal on stupidity alone.
It would also appear that the judge recognizes the Obama-embracing, punch-drinking, kneepad-wearing After-Birthers have been the crazy, nutso Conspiracy loons all along.
Yeah ... and it looks like Gonzalez’ hand
was forced by the persistence of Donofrio
and Pidgeon, who properly insisted on
amending the record to proper form.
But, I think there’s still hankypanky going
I have said before that in my opinion Obama’s intrusion into the bankruptcy process of GM and Chrysler was one of the worst breaches of the rule of law that I have ever seen happen in America.
The actions taken were totally arbitrary, illegal, and unconstitutional. And, regretably, our congress and our courts sat by, said nothing, and did nothing. The federal bankruptcy judge certainly had jurisdiction, but he was evidently cowed into letting this travesty of justice proceed.
It is certainly discouraging when the President and the courts deliberately and publicly violate the rule of law, and when the courts and congress sit by and do nothing. And, as one might expect, the press does nothing.
Such egregious behavior hasn’t been seen in America since the time of King George III. And at least George III had an excuse of sorts, although it violated Magna Carta; namely, “I’m the King!”
Who elected Obama king? And why does the press, for which he daily shows scorn and contempt, continue to worship him? Do they enjoy being abused?
Thanks for the ping. Pinging to other friends.
Where will this trial go and what implications???
I can not be sure where the trial mentioned will go, but considering it is happening along with Leo Donofrio’s case it just might amount to some action. Let's hope it brings to light all the cover-up of Obama’s past and gets discovery of all the sealed records.
Just remains to be seen.
Not sure if it’s legit or viable, but .. WOW!
“CIA/Columbia/Obama Sedition Trial - May 14-19, 2010”
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