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Old December 6th 07, 06:06 PM posted to rec.games.chess.politics, rec.games.chess.computer,rec.games.chess.misc, alt.chess, misc.legal
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Default Letter-Answer from US Attorney in Sloan vs. Truong

U.S. Department of Justice
United States Attorney
Southern District of New York
86 Chambers Street
New York, New York 10007

December 3, 2007

By Hand
The Honorable Denny Chin
United States District Judge
United States District Court
500 Pearl Street, Room 1020
New York, NY 10007


Sloan v. Truong, et al. 07 Civ. 8537 (DC)

Dear Judge Chin:

I am the Special Assistant United States Attorney with principal
responsibility for defending the U.S. Government in the above-
referenced action. I write to the Court respectfully to request a pre-
motion conference, in accordance with your individual practices (2)
(A). In lieu of an Answer, the Government intends to file a motion to
dismiss the complaint as against the United States for lack of subject
matter jurisdiction, pursuant to Rule 12(b)(1) of the Federal Rules of
Civil procedure.

Plaintiff, who is appearing pro se, is suing the United States under
an unspecified legal theory in an attempt to compel the Department of
Justice ("DOJ") to "supervise a new election for the Executive Board
of the United States Chess Federation." Complaint 42. A member of
the United States Chess Federation ("USCF") and former member of the
USCF Executive Board, Plaintiff filed this action "to redress identify
theft, impersonation, election fraud, accounting fraud, insider self-
dealing and other insider wrong-doing in connection with the United
States Chess Federation." Id. 1. With respect to the United States,
Plaintiff makes no allegations, but instead explains that he seeks a
new election of the USCF Executive Board to "be held at the earliest
practicable date, to be supervised by the Department of Justice," and
then explains parenthetically, "(and for this reason the United States
of America is named as a defendant)." Id. 9.

The basis for the Government's motion to dismiss is two-fold. First,
the Court lacks subject matter jurisdiction because the United States
has not waived sovereign immunity in connection with this suit.
Second, to the extent that Plaintiff seeks injunctive relief
compelling the DOJ to supervise an election of the United States Chess
Federation, his claim is in the nature of mandamus. Plaintiff is not
entitled to mandamus relief, both because the mandamus statute does
not extend to suits against the United States and because Plaintiff
does not meet the criteria for the extraordinary remedy of a writ of
mandamus, as DOJ has no duty to conduct elections for private
entities.

The deadline for the Government to answer or otherwise respond is
today, December 3, 2007. The Government was prepared to file its
motion to dismiss today, but realized belatedly that Your Honor
requires a pre-motion conference before filing such a motion. Pursuant
to your individual practices (2)(A), I understand that the deadline to
answer or otherwise respond "is stayed during the pendancy of a
request for a conference to discuss the proposed motion." Once a pre-
motion conference with the Court has taken place, the Government will
be prepared to file its motion immediately.

Thank you for your consideration.

Respectfully,

MICHAEL J. GARCIA
United States Attorney

By
____________________
EMILY E. DAUGHTRY
Special Assistant United States Attorney

Tel. (212) 637-1579
Fax: (212) 637-2717

cc (by mail):

Sam Sloan
1664 Davidson Ave. Apt. 1B
Bronx, New York
PRO SE

Arthur M. Handler
Handler & Goodman, L.L.P.
805 Third Ave., 8th floor
New York, New York 10022
Attorney for Defendant William Brock

Scot M. Graydon
P.O. Box 12548
Capitol Station
Austin, TX 78711-2548
Attorney for Defendant Texas Tech University

http://www.samsloan.com/usatty-letter.pdf
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Old December 7th 07, 09:20 PM posted to rec.games.chess.politics, rec.games.chess.computer,rec.games.chess.misc, alt.chess
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Default Who Gives a ****?

JHC
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Old December 7th 07, 10:31 PM posted to rec.games.chess.politics, rec.games.chess.computer,rec.games.chess.misc, alt.chess
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First recorded activity by ChessBanter: May 2006
Posts: 14,870
Default Letter-Answer from US Attorney in Sloan vs. Truong

On Dec 6, 1:06 pm, samsloan wrote:
U.S. Department of Justice
United States Attorney
Southern District of New York
86 Chambers Street
New York, New York 10007

December 3, 2007

By Hand
The Honorable Denny Chin
United States District Judge
United States District Court
500 Pearl Street, Room 1020
New York, NY 10007

Sloan v. Truong, et al. 07 Civ. 8537 (DC)

Dear Judge Chin:

I am the Special Assistant United States Attorney with principal
responsibility for defending the U.S. Government in the above-
referenced action. I write to the Court respectfully to request a pre-
motion conference, in accordance with your individual practices (2)
(A). In lieu of an Answer, the Government intends to file a motion to
dismiss the complaint as against the United States for lack of subject
matter jurisdiction, pursuant to Rule 12(b)(1) of the Federal Rules of
Civil procedure.

Plaintiff, who is appearing pro se, is suing the United States under
an unspecified legal theory in an attempt to compel the Department of
Justice ("DOJ") to "supervise a new election for the Executive Board
of the United States Chess Federation." Complaint 42. A member of
the United States Chess Federation ("USCF") and former member of the
USCF Executive Board, Plaintiff filed this action "to redress identify
theft, impersonation, election fraud, accounting fraud, insider self-
dealing and other insider wrong-doing in connection with the United
States Chess Federation." Id. 1. With respect to the United States,
Plaintiff makes no allegations, but instead explains that he seeks a
new election of the USCF Executive Board to "be held at the earliest
practicable date, to be supervised by the Department of Justice," and
then explains parenthetically, "(and for this reason the United States
of America is named as a defendant)." Id. 9.

The basis for the Government's motion to dismiss is two-fold. First,
the Court lacks subject matter jurisdiction because the United States
has not waived sovereign immunity in connection with this suit.
Second, to the extent that Plaintiff seeks injunctive relief
compelling the DOJ to supervise an election of the United States Chess
Federation, his claim is in the nature of mandamus. Plaintiff is not
entitled to mandamus relief, both because the mandamus statute does
not extend to suits against the United States and because Plaintiff
does not meet the criteria for the extraordinary remedy of a writ of
mandamus, as DOJ has no duty to conduct elections for private
entities.

The deadline for the Government to answer or otherwise respond is
today, December 3, 2007. The Government was prepared to file its
motion to dismiss today, but realized belatedly that Your Honor
requires a pre-motion conference before filing such a motion. Pursuant
to your individual practices (2)(A), I understand that the deadline to
answer or otherwise respond "is stayed during the pendancy of a
request for a conference to discuss the proposed motion." Once a pre-
motion conference with the Court has taken place, the Government will
be prepared to file its motion immediately.

Thank you for your consideration.

Respectfully,

MICHAEL J. GARCIA
United States Attorney

By
____________________
EMILY E. DAUGHTRY
Special Assistant United States Attorney

Tel. (212) 637-1579
Fax: (212) 637-2717

cc (by mail):

Sam Sloan
1664 Davidson Ave. Apt. 1B
Bronx, New York
PRO SE

Arthur M. Handler
Handler & Goodman, L.L.P.
805 Third Ave., 8th floor
New York, New York 10022
Attorney for Defendant William Brock

Scot M. Graydon
P.O. Box 12548
Capitol Station
Austin, TX 78711-2548
Attorney for Defendant Texas Tech University

http://www.samsloan.com/usatty-letter.pdf


Stop hijacking threads!!
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Old December 8th 07, 06:35 PM posted to rec.games.chess.politics, rec.games.chess.computer,rec.games.chess.misc, alt.chess
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First recorded activity by ChessBanter: Dec 2007
Posts: 49
Default Who Gives a ****?

JHC
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Old December 8th 07, 07:01 PM posted to rec.games.chess.politics, rec.games.chess.computer,rec.games.chess.misc, alt.chess
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First recorded activity by ChessBanter: Jul 2007
Posts: 43
Default Who Gives a ****?

On Dec 7, 5:31 pm, samsloan wrote:

Stop hijacking threads!!


Quit posting your personal business to this group.

I'm happy that eno is clearly marking these thread per their value.
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