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Old February 24th 09, 11:11 AM posted to rec.games.chess.politics,rec.games.chess.misc
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Default San Francisco Cout Hearing Held

Yesterday before Judge Patel. This report is from Brian MOttershead who
was there. It appeared on the USCF Issues Forum.

by Brian Mottershead on Tue Feb 24, 2009 1:12 am #129398
At the case management conference this afternoon in San Francisco,
Gregory Alexander confirmed the reports that his home had been searched
by the Secret Service on February 4.

Judge Patel asked whether the alleged break-in to Randy Hough's email
account was now a federal criminal matter and Gregory answered yes. The
judge asked him whether he had retained a criminal attorney and Gregory
answered yes.

Gregory said that if his motion for the civil case to be dismissed is
denied, then his criminal lawyer had advised him to move to have the
civil case stayed pending the outcome of the criminal case. (Gregory has
moved to have the case dismissed with respect to him, on the grounds
that the California court has no jurisdiction over him, as he is a
resident of Washington.) The judge said that, at most, the case would be
stayed only with respect to him, but that the case against Polgar would
go forward. She was very concerned that Gregory does not have an
attorney for the civil case now that it is also a criminal matter, as
discovery in the civil case could create Fifth Amendment issues for
Gregory where he would need to be advised by an attorney.

In an earlier motions session at which Gregory was not present, Karl
Kronenburger, the USCF's attorney, stated in open court that the USCF
now has direct evidence that Alexander was directed by Polgar to break
into Hough's email account. The judge did not pursue that, saying that
she did not wish to consider factual issues at this stage of the case.

In other developments, Polgar's motion to bring counter complaints
against Goichberg, etc, was denied, but she was given leave to refile
the motion within thirty days. Her motion to amend her answer to include
an additional "ultra vires" defense was granted, over the USCF's
objection. A compromise was brokered by the judge between the attorneys
regarding Polgar's motion for a protective order for records and
documents produced during discovery. Under this compromise, the USCF
will be able to use that evidence in the Texas and Illinois court cases,
without it being reviewed by Polgar's attorney. Discovery is currently
stayed with respect to Gregory until the judge rules on his motion to
dismiss. Polgar's attorney wanted to have discovery stayed with respect
to her also, but the judge denied this. For Polgar, the case is now in
the discovery phase.

The judge seemed very concerned that a highly overlapping set of facts
are being tried in both San Francisco and Lubbock, and one had the sense
that she will be giving a lot of consideration to the motion that
Polgar's attorney said is coming to have the case dismissed for improper
venue or, alternatively, transferred to the Lubbock court. The judge
made it quite clear that dismissal was not in the cards, but that
transfer was definitely a possibility. But this was before she found out
from Gregory that the matter is now a criminal matter in the hands of
the US Attorney in San Francisco.

The judge obviously had no patience for the various allegations against
Kronenburger personally, and was impatient about the clear animosity
between the two attorneys. She said at one point said that if Polgar
insisted on pursuing the claims against Kronenburger, she (that is, the
judge) would likely separate them and dispose of those separately.)

Overall, it was a good day for the USCF, and not such a good day for
Polgar, and a heart-rending day for Gregory Alexander.

I was present in the courtroom in the spectator area, for both sessions,
and observed all this directly. I happened to be in Northern California
for unrelated reasons but took the afternoon off to attend the court
sessions. I was not taking notes and this is from memory. A court
reporter was making a transcript and I believe that will be available
within a few days, to verify this report.
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Old February 24th 09, 09:22 PM posted to rec.games.chess.politics,rec.games.chess.misc,misc.legal,rec.games.chess.computer
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First recorded activity by ChessBanter: May 2006
Posts: 14,870
Default San Francisco Cout Hearing Held

The transcript of the hearing yesterday in San Francisco Federal Court
in the case of USCF vs. Polgar has been done already. It is 60 pages
long. The transcript may be ordered on payment of about $55 to court
reporter Christine Triska.

I am blocked from posting this information to the USCF Issues Forum by
Order of Allen Priest who was recently appointed Chairman of the Forum
Oversight Committee by Bill Goichberg. Therefore I ask that anyone
with access to that forum post that information there.

Transcript of Proceedings held on 02/23/09, before Judge Marilyn H.
Patel. Court Reporter/Transcriber Christine Triska, Telephone number
(650) 743-8425; . Per General Order No.
59 and Judicial Conference policy, this transcript may be viewed only
at the Clerks Office public terminal or may be purchased through the
Court Reporter/Transcriber until the deadline for the Release of
Transcript Restriction.After that date it may be obtained through
PACER. Any Notice of Intent to Request Redaction, if required, is due
no later than 5 business days from date of this filing. Release of
Transcript Restriction set for 5/22/2009. (cat, COURT STAFF) (Filed on
2/24/2009)

Sam Sloan
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Old February 24th 09, 10:11 PM posted to rec.games.chess.politics,rec.games.chess.misc,misc.legal,rec.games.chess.computer,alt.chess
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First recorded activity by ChessBanter: May 2006
Posts: 14,870
Default San Francisco Cout Hearing Held

I have just received an invoice for $39,40 for the transcript of the
hearing in the case USCF vs. Susan Polgar that was held yesterday
February 23, 2009 in San Francisco Federal Court.

The amount was less than previously believed.

I am inclined to pay for the transcript myself and then send it by
email and post it on my website but I so often bear expenses like that
which are really the expenses of the entire membership that I would
appreciate any donations to cover the cost of $39.40.

Any member who contributes any part of the $39.40 will be appreciated.
The court in San Francisco has assured me that the transcript will be
emailed to me as soon as payment is received and I in turn will email
the transcript to anybody who contributes to it.

Since I am banned from the USCF Issues Forum, I would appreciate it if
any member of that forum post this request this there.

Please send donations to this request for a small amount to my PayPal
address at

Sam Sloan
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Old February 25th 09, 03:32 AM posted to rec.games.chess.politics,rec.games.chess.misc,misc.legal,rec.games.chess.computer,alt.chess
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First recorded activity by ChessBanter: Jan 2009
Posts: 57
Default San Francisco Cout Hearing Held


"samsloan" wrote in message
...

I would
appreciate any donations to cover the cost of $39.40.


I have a pile of Pabst cans out in the grage, come on by the house any time.



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