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Old December 29th 09, 07:10 PM posted to rec.games.chess.politics,rec.games.chess.misc,alt.chess
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Default Sloan's Rogue Motion less Exhibits

MrVidmar wrote:
MOTION TO SUSPEND AND TERMINATE MEDIATION AND FOR SANCTIONS AGAINST
ROGUE MEDIATORS DANIEL BOWLING AND ROBIN W. SIEFKIN
The Undersigned, Sam Sloan, hereby moves this court on the 22nd day of
December 2009 for order suspending and terminating the behind-the-scenes
mediation that has been going on in this case and for sanctions against
rogue federal mediators Daniel Bowling and Robin W. Siefkin for their
use of threatening and coercive tactics to try to cram down a settlement
in this case. Samuel H. Sloan, being duly sworn, deposes and says.
1. The judge in this case, the Hon. Sam Cummings, is not aware that
there are federal mediators operating in this case. I state this because
the two mediators, Daniel Bowling and Robin W. Siefkin, told me that
they had not told Judge Cummings that they were involved in this case,
nor have they told Judge Marilyn Patel of the United States District
Court in San Francisco that they have re-opened the mediation in this
case. Thus, Daniel Bowling and Robin W. Siefkin are rogue mediators,
operating without the authority or the knowledge of the courts.
2. The continued mediation and involvement of Daniel Bowling and
Robin W. Siefkin is having a detrimental effect on this case. The USCF
has six attorneys on this case, each of whom charges about $ 425 per
hour, so we, the dues-paying members of the USCF, have to pay $1950 just
so our attorneys can talk to Mr. Bowling and Miss Siefkin for one hour.
3. Because of the coercive tactics of Mr. Bowling, who is trying to
force the USCF defendants to agree to a settlement, this litigation has
ground to a halt. There is nothing going on. Furthermore, the USCF has
run out of money. We have spent $600,000 in this litigation. We have no
money left to pay attorneys. More than that, it is imminent that we will
have to stop the publication of Chess Life magazine. No money.
Meanwhile, Susan Polgar is celebrating her imminent victory. She is
succeeding by having bankrupted the organization. At the just concluded
National K-12 Scholastic Chess Championship held December 11-13, 2009 in
Dallas, Texas, Susan Polgar had the audacity to set up a booth
explaining her side of the story, but always omitting the key fact that
it was her, Susan Polgar, and not the USCF, who filed the lawsuit that
started all this. As she tells it, it was the USCF who started this,
following the long-standing pattern of invidious discrimination against
foreign-born women, which started all of these destructive lawsuits.
4. Daniel Bowling and Robin W. Siefkin got in on this case because
California has a rule that all cases are submitted to mediation. Even
the tiniest small claims cases are mediated, unless one of the parties
objects. This rule does not exist in any other jurisdiction such as
Texas, so far as I am aware. In February, 2009, Judge Marilyn Patel of
the San Francisco Federal District Court, ordered “global mediation”,
including the Texas and Illinois cases, and Daniel Bowling and Robin W.
Siefkin were appointed as mediators.
5. Attached hereto is as Exhibit A is a notice that the case was
referred to mediation on February 19, 2009. Attached as Exhibit B is a
notice dated May 19, 2009 that Daniel Bowling and Robin W. Siefkin have
been appointed as Mediators.
6. The problem is that in August 2008, Susan Polgar had filed an
entirely frivolous, utter nonsense lawsuit in Texas in anticipation of
the civil and criminal cases she obviously must have realized were
likely to be filed against her in California. The California case was
filed later in federal court on November 10, 2008, three months after
the Texas case had been filed. When Judge Patel in San Francisco ordered
all of the defendants in the Texas case, that was filed before the
California case, to participate in the global mediation in California,
all of the Texas lawyers were required to fly to San Francisco and
appear there.
6. A two-day mediation conference was held in the San Francisco
Federal Courthouse on July 15-16, 2009. All of the plaintiffs and
defendants and all of their attorneys were required to be there. The
mediation sessions lasted from 9:00 AM until after 10:00 PM for a total
of 13 hours each day, for a combined total of 26 hours. The mediation
consisted of the USCF parties and their attorneys being in one room and
Polgar, Truong and their attorneys being in the other room. Then, the
mediators Daniel Bowling and Robin W. Siefkin went back and forth
between the two rooms, trying to negotiate a deal.
7. Meanwhile, Gregory Alexander and myself were given separate rooms,
since we were not represented by counsel. However, before long, the
United States Secret Service arrived and arrested Gregory Alexander and
took him to jail, where he belonged. By then, I had given up waiting in
a small room by myself and I had gone out and sat in the public lobby.
This caused me to be present and observe when, to my great surprise, the
Secret Service put the handcuffs on Gregory Alexander and took him away.
8. I had signed a confidentiality agreement not to reveal what was
said during this two-day mediation and I will not do so. In addition,
since I was not inside the USCF Room or in the Polgar-Truong Room, I do
not know what was said. However, since I can categorically state that I
do not know what was said, I can reveal what I think happened. What I
think happened was that Daniel Bowling repeatedly said that he was close
to a settlement agreement and only a few details needed to be tied up. I
was quite surprised at this. At one point, Paul Truong said that he
wanted to go outside the building to get his camera, to take a picture
of the celebration that would occur when the case was settled. Truong
needed Daniel Bowling to help him bring the camera into the building,
since cameras are normally not allowed inside the federal courthouse.
9. Truong did take a lot of pictures. However, no settlement
occurred. It was evident that the attorney for Polgar, Whitney Leigh,
wanted the insurance company, Franken, to pay a substantial amount for
his attorney fees. The USCF was willing to pay Polgar and Truong some
money, provided that they resign from the board and agree not to run
again. However, the money was not enough. Polgar, Truong and Whitney
Leigh wanted more money than the USCF and the insurance company were
willing to pay.
10. The result was a complete breakdown in the settlement
negotiations. Pogar and Truong were the first to leave. They walked out
of the settlement conference shortly after 10:00 PM on July 16. It took
about 15 minutes before the USCF parties began gathering their things
and prepared to leave. Several of the USCF attorneys were in a rush to
go because they had to catch a midnight flight back to Texas, or else
stay another day in San Francisco. 11. The result was total of 13
attorneys representing the various parties in this case spent a total of
more than 26 hours in closed rooms together with Mr. Bowling. I realize
that I should not bring this up, but Mr. Daniel Bowling is a flaming
faggot and I suspect that all these Texas lawyers felt uncomfortable
being held in such close quarters for such a long period of time with a
man of such obviously homosexual orientation. Mr. Bowling probably
enjoyed and welcomed it however. Having no wife or normal family to go
home to, he did not mind keeping us with him under his control until
after 10:00 PM every night. I realize that this is considered normal
behavior in the San Francisco milieu, but it is not likely to be so
welcome in Lubbock, Texas.
12. The result was that 13 attorneys spent 26 hours over two days in
close quarters under the control of Mr. Daniel Bowling. At an average of
$400 per hour, 13 x 26 x $400 = $135,200 of USCF membership dues money
spent on a mediation that was obviously going to lead nowhere, as the
parties were so far apart that attempts to settle this litigation
through mediation was just ridiculous. Also, this calculation does not
count the times of the non-attorneys present, such as Bogner and myself,
plus the time of Goichberg, Hanken, Lafftery and Mottershead, who were
on the telephone lines through the 26 hours of mediation. In addition,
since none of the parties to this case reside in the San Francisco Bay
Area, with the exception of Karl Kronenberger, the USCF's lawyer, who
was sued by Susan Polgar, we all had to travel long distances to attend
this mediation. I came with my family from New York City. Others came
from Texas or Michigan. Gregory Alexander came from Seattle, but at
least he did not have to pay for his hotel or his meals while he was in
San Francisco.
13. So, the mediation was a total failure and a tremendous waste of
time and money. Nevertheless, it seems that Daniel Bowling thereafter
kept calling the attorneys trying to get them to agree to a settlement.
I was not involved in this but, in September, while I was in Shenyang,
China, I heard from another defendant that Mr. Bowling wanted to
re-start the mediation, so on September 15, 2009 I wrote to Mr. Bowling.
My letter and his answer are marked Exhibit C. My letters to him state
in part:
Frankly, I fail to see the point of another mediation. Polgar and Truong
continue to claim that they are still on the board. Since they want to
go that route, I claim that I am still on the board, due to the fraud
they perpetuated when they got me voted off the board.
However, if they want to use the mediation to demand that they be put
back on the board, I do not think that is possible. I do not believe
that the defendants have the legal authority to put them back on the
board, as their appeal was rejected by the entire delegates. Also, two
of the current board members are not defendants in this case. Those are
the two who were elected in August.
All sides have taken rock -hard positions and are so far apart with no
middle ground that mediation just consumes lawyer fees. made.
Sam Sloan
14. I received no further reply to this letter. However, three days
later, on September 18, 2009, it was announced that the mediation had
concluded unsuccessfully. A copy of the notification that the mediation
was terminated unsuccessfully is marked Exhibit D. In addition, Judge
Patel stated in open court that the mediation was finished and she wrote
in her decisions on two motions that had been held up for months pending
this mediation that the mediation had concluded. After Judge Patel
decided several motions that had been held up pending this mediation,
she transferred the case to Texas on October 14, 2009.
15. I was thus quite surprised when, on November 10, 2009, I received
an email from Mr. Bowling stating that he had successfully negotiated a
settlement of this case. He asked me if I would continue to agree to
participate in this settlement. Mr Bowling's letter is annexed as
Exhibit E. It states, in pertinent part:
You'll be surprised, and hopefully pleased, to know that the USCF &
Susan Polgar have agreed to settle all of the current cases. Basically,
both sides agreed to walk away & provide mutual releases back and forth.
Following our in person mediation marathon here in SF in July, my
recollection is that you told Robin Siefkin and me that you would agree
to a settlement of this sort -- walk away with mutual releases all around.
Is that still the case? Daniel Bowling
16. As a result of receiving this surprising letter, on November 11,
2009, I posted the following to the chess politics group
rec . games . chess . politics:
Are the Polgar vs. USCF Cases about to settle?
I have just received an email stating that cases of USCF vs. Polgar and
Polgar vs. the USCF have been agreed to be settled with all parties
exchanging mutual releases.
In my view, this settlement, while it might have been reasonable back in
July, is not acceptable now. Polgar has lost every motion since then and
summary judgment is pending.
A settlement under these terms would leave Polgar with a free hand to
start the whole thing again and knowing her history she will do so.
The USCF should settle for nothing less than a judgment for the more
than $600,000 in legal fees these cases have cost plus an order barring
Polgar and Truong from ever running for or holding USCF office again.
Sam Sloan
17. I then received the following letter from Robin Siefkin in which
she stated that by my posting I had violated the confidentiality
agreement which I had signed in order to participate in the settlement
negotiations. I responded that, first, my posting to
rec.games.chess.politics made no mention whatever of any mediation. It
merely asked a question. Nobody reading my posting would ever know that
there was mediation going on. Therefore, I had not violated any
confidentiality agreement.
18. Secondly, I stated that the mediation had concluded on September
18, 2009, and moreover the case had been transferred to Texas on October
14, 2009. Therefore, the San Francisco mediators were off the case and
if there was to be new mediation, it would be up to the judge in Texas
to decide if he wanted that.
19. There followed an acrimonious exchange of emails between myself,
Daniel Bowling and Robin Siefkin, which I include in full as Exhibit F.
The emails reached the point of Daniel Bowling threatening me that all
kinds of terrible things would happen if I did not go along with the
settlement he said that he had negotiated.
20. In addition to these emails, there were at least two telephone
calls from Mr. Bowling to me (I never called him) in which he made
threatening remarks. For example, he said all the other parties had
agreed to settle and if I did not agree to this settlement, I would have
to fly down to Texas alone and fight court cases against Polgar and
Truong. He repeatedly stated that as he is a federal mediator he has
nationwide jurisdiction over court cases and that he is not limited to
just San Francisco cases. He also stated that it would be necessary to
keep the terms of this settlement confidential once it had been
concluded. To this, I countered that the USCF has more than 80,000 dues
paying members and any settlement or any deal will have to be disclosed
to the members. Under no circumstances can this insider deal be kept
secret. The members will demand to know how $600,000 of their dues money
has been spent, especially since Polgar will be broadcasting on her
numerous websites and blogs that she won the case.
21. The last email from Daniel Bowling to me was dated November 18,
2009. He annexed to this last email copies of the confidentiality
agreements that I had signed at the outset of this mediation. I include
those two agreements as exhibit G. Please note that in this last email,
he again states that as a federal mediator he has nationwide
jurisdiction and he also repeats that it will be necessary for me to
keep confidential “forever” any settlement that is concluded.
22. Please note that I have been a good boy. Since the last email
from Daniel Bowling on November 18, 2009, more than one month ago, I
have been quiet. I have not said anything and I have not disturbed the
settlement that Mr. Bowling said that he had negotiated. However, it is
obvious that Mr. Bowling's claim that he has negotiated a settlement was
another lie, because if there had been any such settlement it would be
public by now. Nobody has said anything, but on the other hand there has
been almost no activity in the cases either.
22. It is obvious that in as case like this, some of the parties will
want to settle just to save their skins. For example, Brian Lafferty has
been agitating for a settlement, but he is not a chess player, so he has
nothing to gain or to lose from this case. He only got involved because
coincidentally he is with the other USCF, the United States Cycling
Federation. On the other hand, those of us who are real chess players
and who have been playing chess our entire lives and will continue to do
so until we die, such as myself, Mr. Bogner and Mr. Hanken, will never
be satisfied with a settlement that allows Polgar and Truong to walk
away scott free and leaves the USCF in a permanently weakened condition,
which will be easy pickings for the next move by Polgar and Truong to
complete their take over of the USCF. Let their be no doubt that the
goal and objective of Polgar and Truong is nothing less than a complete
and total takeover and control of the USCF. They have failed twice at
the ballot box and they are not winning this court case either, but by
bankrupting the USCF organization they make it ripe for their takeover
and that is what they are trying to do right now.
23. I do not know why Mr. Bowling is doing what he is doing. Perhaps he
gets a cut or some other benefit if the case settles. I wonder who is
paying him, and why. What is obvious is that he is interfering in this
litigation without any authority to do so. He was appointed as a
mediator in February 2009 and his mandate ended on September 18, 2009.
Yet, he continues to interfere in this case. I believe that had it not
been for Mr. Bowling, this case would be over by now and the USCF
parties would have won the case and would have received a substantial
money judgment in compensation for the utterly frivolous and meritless
cases brought by Polgar and Truong. Instead, because of the threats by
Mr. Bowling, which it is obvious that everybody in the case and not just
me has received, the cases are on hold and everybody is afraid to do
anything for fear of Mr. Bowling.
WHEREFORE, for all of the reasons set forth above, this court should
suspend and terminate the mediation by Daniel Bowling and Robin W.
Siefkin and should issue sanctions against these rogue mediators.
Very Truly Yours
/S/
Samuel H. Sloan
1664 Davidson Ave., Apt. 1B Bronx NY 10453-7877
1-917-507-7226 1-917-659-3397


Note to Sam: I have it on good authority that Mr. Bowling is happily
married to ----are you ready, Sam?------ a woman.
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