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Old August 18th 09, 04:07 PM posted to rec.games.chess.politics,rec.games.chess.misc,alt.chess
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Default Declaration of Bill Hall 4/13/09 Minute Order of Judge Patel

DECLARATION OF BILL HALL A) COMPREHENSIVE
RATIFICATION BY USCF BOARD OF DELEGATES OF ALL ACTS OF USCF EXECUTIVE
BOARD, B) EXPULSION OF SUSAN POLGAR FROM THE U.S. CHESS
FEDERATION, AND C) DENIAL OF POLGAR’S INDEMNIFICATION REQUESTS, IN
RESPONSE TO CIVIL MINUTE ORDER DATED APRIL 13, 2009

I, Bill Hall, declare as follows:

1. I serve as the Executive Director of the United States of America
Chess Federation, Inc. (“USCF”), a party to this action. I also serve as
the corporate secretary for the USCF. Unless otherwise stated, I have
personal knowledge of the facts stated herein.

2. On April 13, 2009, the Court ordered the USCF “to produce evidence re
votes/authorizations/minutes/bylaws by 4/27/2009”. On April 27, 2009,
the USCF provided the Court with documents reflecting the authorizations
and later ratifications of the USCF Executive Board relating to the case
at hand. Thereafter, the USCF Board of Delegates held its annual meeting
and voted on ratification on the exact matters the Court requested in
its initial minute order. This declaration summarizes such new evidence,
with attachments.

3. Pursuant to USCF Bylaws Article V, the USCF is governed by the Board
of Delegates, which is composed of the Executive Board members, the
Delegates at Large, and 125 Delegates. Pursuant to USCF Bylaws Article
VI, Section 2, the seven- person Executive Board manages USCF’s affairs
between meetings of the Board of Delegates. The Board of Delegates meets
annually for the purposes of, among other things, ratifying the acts of
the USCF Executive Board made between meetings of the Board of Delegates.

4. On August 8-9, 2009, the Board of Delegates held its annual meeting
in Indianapolis, Indiana. At the meeting, the Executive Board informed
the Board of Delegates about a) multiple Executive Board ratification
resolutions made over the past year, b) the allegations by Polgar that
that Executive Board members and their counsel had acted in an Ultra
Vires manner, c) the allegations by Polgar that Executive Board members
were “interested parties” and thus should not manage litigation
involving Polgar, d) the allegations by Polgar that conflicts of
interest of USCF’s counsel had not been properly disclosed and waived,
and e) a significant amount of other background information about the
litigation involving the USCF and Polgar pending in multiple states.

Attached at Exhibit A is an Executive Board ratification motion dated
August 6, 2009 which were provided to the Board of Delegates. Also
provided to the Board of Delegates was an Executive Board motion dated
April 18, 2009 [D.E. 97-2, Ex. D]. Attached to the August 6, 2009
ratification in Exhibit A are pleadings and briefing distributed to the
delegates, which included, from the case at hand, Polgar’s Motion for
Summary Judgment [D.E. 121-1], Polgar’s Reply in Support of her Motion
for Summary Judgment [D.E. 151], Polgar’s Motion to Disqualify Karl
Kronenberger and Kronenberger Burgoyne, LLP [D.E. 112], Polgar’s Answer
and Counterclaims [D.E. 114]; from the case of Polgar v. United States
of America Chess Federation Inc et al., 5:08-cv-00 169-C (District Court
for the Northern District of Texas), Polgar’s First Amended Complaint
[D.E. 91]; from the case of United States Chess Federation, Inc. v.
Susan Polgar and Paul Truong, 2008MR000751 (Circuit Court for the
Seventh Judicial Circuit, Sangamon County, Illinois), Polgar’s and
Truong’s Motion to Dismiss Complaint.

5. On August 8, 2009, the Board of Delegates fully ratified all of the
prior acts
of Executive Board, which included all prior acts embodied in Executive
Board ratification resolutions and minutes, with a vote of approximately
90% voting to ratify. After this ratification, a USCF delegate made a
motion to reconsider the ratification, to ensure that all delegates had
had time to fully review all of the materials involving the litigation
between Polgar and the USCF, which included, among many other documents,
Polgar’s Motions, Polgar’s First Amended Complaint in the Texas action,
and Polgar’s motion to dismiss the complaint in the Illinois action.1
Later that day, the Board of Delegates unanimously ratified all prior
acts of the Executive Board, with one delegate abstaining. At the
meeting, over 80 delegates were seated, and 48 were needed for a quorum.

6. On July 6, 2009, the Executive Board passed two resolutions entitled
Resolution Directing Notification of Possible Membership Suspension or
Revocation of Susan Polgar and Paul Truong, respectively, and served
these resolutions on Polgar and Truong the next day. Attached to each
resolution were charges and specifications detailing the basis for each
suspension / revocation hearing. On August 7, 2009, the USCF held a
hearing regarding possible suspension or revocation of Polgar and
Truong’s membership, which was attended by Polgar, Truong, and their
counsel, Whitney Leigh. After hours of argument and deliberation, the
Executive Board voted to revoke the membership of Polgar and Truong, and
the Executive Board provided a report to the Board of Delegates of this
hearing and vote. Attached as Exhibit B is the report to the Executive
Board to the Board of Delegates regarding this hearing.

7. On August 8, 2009, Polgar and Truong had the opportunity to appeal
the revocation of their membership to the full Board of Delegates. In
this closed-session appeal, Polgar, Truong and their attorney were given
one hour and 15 minutes to present their case. After deliberation, the
Board of Delegates denied the appeals of Polgar (55 votes in favor of
denying the appeal, 21 votes in favor of granting the appeal, with 5
abstentions) and Truong (58 votes in favor of denying the appeal, 18
votes in favor of granting the appeal, with 5 abstentions). This denial
of Polgar’s and Truong’s appeals affirmed the revocation of their USCF
memberships and all rights and privileges associated with membership,
including their ability to sit on the Executive Board. Accordingly, the
expulsion of Polgar and Truong from the USCF removed Polgar and Truong
from the Executive Board.

8. The USCF plans to hold a special election in January 2010 in order to
elect two new members to the Executive Board.

9. Polgar has made requests of the USCF for indemnification on November
19, 2008 and December 2, 2008, related to the case at hand. On August 8,
2009, the Board of Delegates unanimously denied Polgar’s requests for
indemnification.

10. The USCF held three days of committee meetings leading up to the
delegates meeting on August 8-9, 2009. As part of these meetings, the
USCF held a three-hour “Legal Issues Workshop” on August 6, 2009 to
discuss in detail various legal issues. This workshop was well attended
by USCF delegates, and the topic of the Polgar litigation dominated the
discussion. For unknown reasons, Polgar and Truong did not attend this
important workshop, which was attended by all other Executive Board
members. Delegates had the opportunity to question, and did indeed
question, the Executive Board about details of the Polgar litigation.
Further, before any vote on ratification, starting on August 6, 2009,
the USCF distributed to the delegates actual copies of Polgar’s
pleadings and briefing (as detailed above in paragraph 4), wherein she
made her arguments about Ultra Vires acts, self-interested Executive
Board members, among many other Polgar accusations.

I declare under penalty of perjury under the laws of the United States
of America that the foregoing is true and correct and that this
Declaration was executed on August 14, 2009, in Crossville, Tennessee.

s/Bill Hall

Footnote:
1 The Texas action is entitled, Polgar v. United States of America Chess
Federation Inc et al., 5:08-cv-00169-C (District Court for the Northern
District of Texas), and the Illinois action is entitled, United States
Chess Federation, Inc. v. Susan Polgar and Paul Truong, 2008MR000751
(Circuit Court for the Seventh Judicial Circuit, Sangamon County,
Illinois)(this case was removed and thereafter remanded to state court).
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