UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
__________________________________________

Sam Sloan,

Plaintiff,
Civil Action No. 07-CV-8537 (DC)
-against-

Hoainhan "Paul" Truong, Zsuzsanna "Susan" Polgar,
Joel Channing, William Goichberg, The United States
Chess Federation, Bill Hall, Herbert Rodney Vaughn,
Gregory Alexander, Frank Niro, Grant Perks, William
Brock, Randall Hough, Randy Bauer, Jim Berry,
Texas Tech University and United States of America,

Defendants
__________________________________________

AFFIDAVIT IN OPPOSITION TO
MOTION TO DISMISS ON DIVERSITY ISSUE

__________________________________________

Samuel H. Sloan, the plaintiff herein, being duly sworn, deposes and
says:

1. I make this affidavit in opposition to the motion by William
Goichberg and others to dismiss this action on the grounds of lack of
diversity jurisdiction. This affidavit only addresses the diversity
issue. I will address other issues in other affidavits.

2. Please note that the affidavit of William Goichberg in support of
his motion to dismiss sworn to the 9th day of January 2008 is
notarized by Pi Ning Cheung, Notary Public - California, Los Angeles.

3. It seems odd that a person who claims to reside in New York and who
has known about this lawsuit since it was filed on October 2, 2007
would not be able to obtain a notary public in New York State who is
willing to state that he knows Mr. Goichberg.

4. I have known William Goichberg since 1961 when he defeated me in
the Eastern Open Chess Championship in Washington DC. One would
imagine that since I have known him for 47 years and served on the
board with him for one year that I would know where he lives.

5. In his moving affidavit he states that his residence is at 2084
Route 94, Salisbury Mills NY 12577. If that is the case, how come I
cannot find this address listed anywhere? Not only it is not listed
anywhere as his address, but it is not listed anywhere at all.

6. In fact, the address of 2084 Route 94, Salisbury Mills NY 12577
DOES NOT EXIST.

7. My investigation confirms that 2084 Route 94, Salisbury Mills NY
12577 is not a residence or a domiciliary address. I have checked
every possible source for the address of 2084 Route 94, Salisbury
Mills NY 12577. For example, I checked the US Postal Service website
which has the full 9-digit zip code for every address in America at
http://zip4.usps.com/zip4/welcome.jsp

8. Inputting that address yields the following answer:

We're sorry! We were unable to process your request.
The address was not found. Please check the address below.
You may want to utilize the Yellow Pages and/or White Pages below.

9. I have checked every other possible source, including
mapquest.com , Google Earth, Google Maps and none of them show an
address in existence of 2084 Route 94, Salisbury Mills NY 12577.

10. A real estate site, zillow.com , shows 2084 Route 94, Salisbury
Mills NY 12577, to be an empty lot.

11. Bill Goichberg had better come up with a really good explanation
for this.

12. Bill Goichberg lives a vagabond life, constantly traveling from
place to place, from chess tournament to chess tournament, from horse
racing track to horse racing track. It is true that he has a telephone
number in Salisbury Mills but in the many times I have called that
number over a period of many years nobody has ever answered the phone.
He seems to have it on permanent voicemail. For the past more than 40
years, Bill Goichberg has carried ads for his chess tournaments in
every issue of Chess Life, always providing another address where to
send the entry fees for his chess tournaments. The street address he
provides in this pleading has never previously been provided anywhere
else. I know many people who know Bill Goichberg even better than I do
and none of them had ever heard of this street address before. If what
he says is true, he has been keeping his residence address secret for
the last 17 years and has revealed it now just to defeat my diversity
claim.

13. So far, Goichberg has submitted no evidence in support of his
claim. He has provided no income tax returns, no deed or title to
property, no gas nor electric bills nor anything else to establish
that his primary domicile is in New York State. (The law speaks of
"domicile" not residence.)

14. Bill Goichberg is not presently in New York State. He is now in
Southern California and has been there since October.. He currently
resides at the Santa Anita Inn, at 130 West Huntington Drive, Arcadia,
CA 91007 and plans to stay there at least through the winter. As the
name suggests, it is next to the Santa Anita Race Track where Bill
Goichberg is a race horse handicapper. He plays a system based on the
USCF Rating System.

15. His claim is that he "intends to return to New York State". Intent
to return to New York does not establish residence or domicile and
does not defeat diversity jurisdiction. Indeed, asserting that he
intends to return is a tacit admission by Mr. Goichberg that he is not
currently a resident or domiciliary of New York State.

16. Accordingly, diversity is established and a motion to dismiss on
that ground must be denied. At a very minimum there will have to be a
fact-hearing where Goichberg will be required to produce evidence if
he has any that he is domiciled in New York State, especially since he
is nowhere to be found in New York State and has not been here in
quite some time.


17. In addition, it is not necessary to reach diversity because there
are federal questions involved in this case. Also, if worse comes to
worst I would just have to drop Goichberg as a defendant because it is
clear that all of the other defendants are domiciled outside of New
York State.

_____________________
Samuel H. Sloan
1664 Davidson Ave., Apt. 1B
Bronx NY 10453

917-507-7226
1-347-869-2465


STATE OF NEW YORK )
ss:
COUNTY OF BRONX )

VERIFICATION


_________________________
Signature of Petitioner

On the 2nd Day of February, 2008 before me personally came Samuel H.
Sloan to me known to be the person described herein and who executed
the foregoing instrument. Such person duly swore to such instrument
before me and duly acknowledged that he executed the same.


_____________________________
NOTARY PUBLIC


Affidavit of Service

Samuel H. Sloan, being duly sworn, deposes and says that on February
2, 2008 he mailed the within affidavit in opposition to motion to
dismiss this action for lack of diversity to the following addresses:

Jeremy Brown
Attorney for USCF, William Goichberg defendants
Proskauer Rose LLP
One Newark Center
Newark NJ 07102-5211

Joseph J. Ortego
Nixon Rose LLP
Attorneys for Hoainhan "Paul" Truong and Zsuzsanna "Susan" Polgar
50 Jericho Quadrangle
Jericho NY 11753-2729

Emily E. Daughtry
Attorney for United States of America
US Attorney's Office
86 Chambers Street, 3rd Floor
New York NY 10007-2632

Patrick M. O'Brien, Esq.
Attorney for William Brock
309 Elmore Street
Park Ridge, Illinois 60068-3569

Arthur M. Handler
Attorney for William Brock
Handler & Goodman LLP
805 Third Avenue
8th Floor
New York NY 10022

Scot M. Graydon
Attorney for Texas Tech University
Assistant Attorney General, General Litigation Division
Attorney General of Texas
PO Box 12548
Austin Texas 78711-2446

June Duffy
Assistant Attorney General of New York
120 Broadway
New York NY 10271

__________________________
Samuel H. Sloan

Sworn to before me this 2nd
Day of February, 2008

______________________________
NOTARY PUBLIC

On Feb 2, 9:50 am, samsloan wrote:
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
__________________________________________

Sam Sloan,

Plaintiff,
Civil Action No. 07-CV-8537 (DC)
-against-

Hoainhan "Paul" Truong, Zsuzsanna "Susan" Polgar,
Joel Channing, William Goichberg, The United States
Chess Federation, Bill Hall, Herbert Rodney Vaughn,
Gregory Alexander, Frank Niro, Grant Perks, William
Brock, Randall Hough, Randy Bauer, Jim Berry,
Texas Tech University and United States of America,

Defendants
__________________________________________

AFFIDAVIT IN OPPOSITION TO
MOTION TO DISMISS ON DIVERSITY ISSUE

__________________________________________

Samuel H. Sloan, the plaintiff herein, being duly sworn, deposes and
says:

1. I make this affidavit in opposition to the motion by William
Goichberg and others to dismiss this action on the grounds of lack of
diversity jurisdiction. This affidavit only addresses the diversity
issue. I will address other issues in other affidavits.

2. Please note that the affidavit of William Goichberg in support of
his motion to dismiss sworn to the 9th day of January 2008 is
notarized by Pi Ning Cheung, Notary Public - California, Los Angeles.

3. It seems odd that a person who claims to reside in New York and who
has known about this lawsuit since it was filed on October 2, 2007
would not be able to obtain a notary public in New York State who is
willing to state that he knows Mr. Goichberg.

4. I have known William Goichberg since 1961 when he defeated me in
the Eastern Open Chess Championship in Washington DC. One would
imagine that since I have known him for 47 years and served on the
board with him for one year that I would know where he lives.

5. In his moving affidavit he states that his residence is at 2084
Route 94, Salisbury Mills NY 12577. If that is the case, how come I
cannot find this address listed anywhere? Not only it is not listed
anywhere as his address, but it is not listed anywhere at all.

6. In fact, the address of 2084 Route 94, Salisbury Mills NY 12577
DOES NOT EXIST.

7. My investigation confirms that 2084 Route 94, Salisbury Mills NY
12577 is not a residence or a domiciliary address. I have checked
every possible source for the address of 2084 Route 94, Salisbury
Mills NY 12577. For example, I checked the US Postal Service website
which has the full 9-digit zip code for every address in America athttp://zip4.usps.com/zip4/welcome.jsp

8. Inputting that address yields the following answer:

We're sorry! We were unable to process your request.
The address was not found. Please check the address below.
You may want to utilize the Yellow Pages and/or White Pages below.

9. I have checked every other possible source, including
mapquest.com , Google Earth, Google Maps and none of them show an
address in existence of 2084 Route 94, Salisbury Mills NY 12577.

10. A real estate site, zillow.com , shows 2084 Route 94, Salisbury
Mills NY 12577, to be an empty lot.

11. Bill Goichberg had better come up with a really good explanation
for this.

12. Bill Goichberg lives a vagabond life, constantly traveling from
place to place, from chess tournament to chess tournament, from horse
racing track to horse racing track. It is true that he has a telephone
number in Salisbury Mills but in the many times I have called that
number over a period of many years nobody has ever answered the phone.
He seems to have it on permanent voicemail. For the past more than 40
years, Bill Goichberg has carried ads for his chess tournaments in
every issue of Chess Life, always providing another address where to
send the entry fees for his chess tournaments. The street address he
provides in this pleading has never previously been provided anywhere
else. I know many people who know Bill Goichberg even better than I do
and none of them had ever heard of this street address before. If what
he says is true, he has been keeping his residence address secret for
the last 17 years and has revealed it now just to defeat my diversity
claim.

13. So far, Goichberg has submitted no evidence in support of his
claim. He has provided no income tax returns, no deed or title to
property, no gas nor electric bills nor anything else to establish
that his primary domicile is in New York State. (The law speaks of
"domicile" not residence.)

14. Bill Goichberg is not presently in New York State. He is now in
Southern California and has been there since October.. He currently
resides at the Santa Anita Inn, at 130 West Huntington Drive, Arcadia,
CA 91007 and plans to stay there at least through the winter. As the
name suggests, it is next to the Santa Anita Race Track where Bill
Goichberg is a race horse handicapper. He plays a system based on the
USCF Rating System.

15. His claim is that he "intends to return to New York State". Intent
to return to New York does not establish residence or domicile and
does not defeat diversity jurisdiction. Indeed, asserting that he
intends to return is a tacit admission by Mr. Goichberg that he is not
currently a resident or domiciliary of New York State.

16. Accordingly, diversity is established and a motion to dismiss on
that ground must be denied. At a very minimum there will have to be a
fact-hearing where Goichberg will be required to produce evidence if
he has any that he is domiciled in New York State, especially since he
is nowhere to be found in New York State and has not been here in
quite some time.

17. In addition, it is not necessary to reach diversity because there
are federal questions involved in this case. Also, if worse comes to
worst I would just have to drop Goichberg as a defendant because it is
clear that all of the other defendants are domiciled outside of New
York State.

_____________________
Samuel H. Sloan
1664 Davidson Ave., Apt. 1B
Bronx NY 10453

917-507-7226
1-347-869-2465


STATE OF NEW YORK )
ss:
COUNTY OF BRONX )

VERIFICATION

_________________________
Signature of Petitioner

On the 2nd Day of February, 2008 before me personally came Samuel H.
Sloan to me known to be the person described herein and who executed
the foregoing instrument. Such person duly swore to such instrument
before me and duly acknowledged that he executed the same.

_____________________________
NOTARY PUBLIC

Affidavit of Service

Samuel H. Sloan, being duly sworn, deposes and says that on February
2, 2008 he mailed the within affidavit in opposition to motion to
dismiss this action for lack of diversity to the following addresses:

Jeremy Brown
Attorney for USCF, William Goichberg defendants
Proskauer Rose LLP
One Newark Center
Newark NJ 07102-5211

Joseph J. Ortego
Nixon Rose LLP
Attorneys for Hoainhan "Paul" Truong and Zsuzsanna "Susan" Polgar
50 Jericho Quadrangle
Jericho NY 11753-2729

Emily E. Daughtry
Attorney for United States of America
US Attorney's Office
86 Chambers Street, 3rd Floor
New York NY 10007-2632

Patrick M. O'Brien, Esq.
Attorney for William Brock
309 Elmore Street
Park Ridge, Illinois 60068-3569

Arthur M. Handler
Attorney for William Brock
Handler & Goodman LLP
805 Third Avenue
8th Floor
New York NY 10022

Scot M. Graydon
Attorney for Texas Tech University
Assistant Attorney General, General Litigation Division
Attorney General of Texas
PO Box 12548
Austin Texas 78711-2446

June Duffy
Assistant Attorney General of New York
120 Broadway
New York NY 10271

__________________________
Samuel H. Sloan

Sworn to before me this 2nd
Day of February, 2008

______________________________
NOTARY PUBLIC

What does Rob ("The Robber") Mitchell think he is accomplishing by
constantly overwriting other people's threads?

Most likely Bill made a mistake in the address. The US Post Office
does not recognize the address of 2084 Route 94, Salisbury Mills NY
12577.

However, if he does not know his own address, that probably indicates
that he no longer lives there.

When did those several people visit Bill at his home? I will bet that
it was years ago. Once the USCF moved away from New Windsor, there was
no reason for Bill Goichberg to stay near there.

Sam Sloan

On Feb 5, 6:00 pm, samsloan wrote:

Quote:

Originally Posted by rfeditor Doesn't Sloan's argument amount to accusing Bill (with the connivance of his attorneys) of perjuring himself in a sworn affidavit? Isn't there something in the AUG about that? (BTW, I know several people who have visited Bill at his home. It's hardly surprising that Sloan is not among them.)

Most likely Bill made a mistake in the address. The US Post Office
does not recognize the address of 2084 Route 94, Salisbury Mills NY
12577.

However, if he does not know his own address, that probably indicates
that he no longer lives there.

When did those several people visit Bill at his home? I will bet that
it was years ago. Once the USCF moved away from New Windsor, there was
no reason for Bill Goichberg to stay near there.

Sam Sloan

edited August 14, 2007:

http://en.wikipedia.org/w/index.php?...ldid=151295430

"The New York State Chess Association (NYSCA) is the oldest
continuously-run chess organization in the United States [....]

Its president is Bill Goichberg of Salisbury Mills in Orange County,
who is also U.S. Chess Federation president."

samsloan wrote:

Quote:

Originally Posted by rfeditor Doesn't Sloan's argument amount to accusing Bill (with the connivance of his attorneys) of perjuring himself in a sworn affidavit? Isn't there something in the AUG about that? (BTW, I know several people who have visited Bill at his home. It's hardly surprising that Sloan is not among them.)

Most likely Bill made a mistake in the address. The US Post Office
does not recognize the address of 2084 Route 94, Salisbury Mills NY
12577.

However, if he does not know his own address, that probably indicates
that he no longer lives there.

When did those several people visit Bill at his home? I will bet that
it was years ago. Once the USCF moved away from New Windsor, there was
no reason for Bill Goichberg to stay near there.

Sam Sloan


False. Jerry Hanken has been there several times in recent years. Joe
Lux has telephoned him there. Donna Alarie found an on-line photo of
the place. Of course you can claim that they're all lying. Maybe
everybody's lying. Perhaps They go around tearing down all those false-
front buildings when they're not needed to deceive you. But I think
Heinlein already wrote that story.

On Feb 5, 8:41 pm, wrote:
samsloan wrote:

Quote:

Originally Posted by rfeditor Doesn't Sloan's argument amount to accusing Bill (with the connivance of his attorneys) of perjuring himself in a sworn affidavit? Isn't there something in the AUG about that? (BTW, I know several people who have visited Bill at his home. It's hardly surprising that Sloan is not among them.)

Most likely Bill made a mistake in the address. The US Post Office
does not recognize the address of 2084 Route 94, Salisbury Mills NY
12577.

However, if he does not know his own address, that probably indicates
that he no longer lives there.

When did those several people visit Bill at his home? I will bet that
it was years ago. Once the USCF moved away from New Windsor, there was
no reason for Bill Goichberg to stay near there.

Sam Sloan

False. Jerry Hanken has been there several times in recent years. Joe
Lux has telephoned him there. Donna Alarie found an on-line photo of
the place. Of course you can claim that they're all lying. Maybe
everybody's lying. Perhaps They go around tearing down all those false-
front buildings when they're not needed to deceive you. But I think
Heinlein already wrote that story.

I have a friend who has been urging me to read Heinlein. I haven't,
since I generally don't read science-fiction. Any recommendation for a
good 'first' Heinlein, John?

The Historian wrote:
On Feb 5, 8:41 pm, wrote:
samsloan wrote:

Quote:

Originally Posted by rfeditor Doesn't Sloan's argument amount to accusing Bill (with the connivance of his attorneys) of perjuring himself in a sworn affidavit? Isn't there something in the AUG about that? (BTW, I know several people who have visited Bill at his home. It's hardly surprising that Sloan is not among them.)

Most likely Bill made a mistake in the address. The US Post Office
does not recognize the address of 2084 Route 94, Salisbury Mills NY
12577.

However, if he does not know his own address, that probably indicates
that he no longer lives there.

When did those several people visit Bill at his home? I will bet that
it was years ago. Once the USCF moved away from New Windsor, there was
no reason for Bill Goichberg to stay near there.

Sam Sloan

False. Jerry Hanken has been there several times in recent years. Joe
Lux has telephoned him there. Donna Alarie found an on-line photo of
the place. Of course you can claim that they're all lying. Maybe
everybody's lying. Perhaps They go around tearing down all those false-
front buildings when they're not needed to deceive you. But I think
Heinlein already wrote that story.

I have a friend who has been urging me to read Heinlein. I haven't,
since I generally don't read science-fiction. Any recommendation for a
good 'first' Heinlein, John?

Almost all of his pre-1960 work is great. The later books are, well,
not bad, but sometimes harder to digest. If you can find a copy of
"The Past Through Tomorrow," a collection of his "Future History"
series, it's a good place to start, especially "The Man Who Sold the
Moon" and "Methuselah's Children."

With all of this jibber-jabber, Bill Goichberg still has not provided
a verifiable street address where he can be found on a regular basis.

None of these addresses are recognized by the United States Postal
Service.

The courts will need an actual street address, not a PO Box, and so
far Bill Goichberg has not provided one.

Perhaps he should ask the people who live in the house about where the
post office delivers their mail. Every house has an address recognized
by the post office and Bill Goichberg should reveal that address, if
he knows it.

Sam Sloan

Right:
Goichberg stays in Santa Anita Inn, Room 267 and eats daily at
Sir Georges Smorgasbord
9 Las Tunas Dr
Arcadia, CA 91007
(626) 445-1611

which is on the corner of Santa Anita Avenue and Las Tunas Drive.

Great place!! All you can eat for $10 !!!

Problem is: Goichberg does not know the postal address of the place
where he claims to live in New York, so that causes a problem for him
to establish New York Domiciliary.

Sam Sloan