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Old February 28th 09, 12:10 AM posted to rec.games.chess.politics,misc.legal,rec.games.chess.misc,rec.games.chess.computer
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Default Motion to Second Circuit in Sloan vs.Truong, 08-5813-cv

UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
__________________________________________
Sam Sloan,

Plaintiff- Appellant,
Docket No. 08-5813-cv
-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
__________________________________________

NOTICE OF MOTION
__________________________________________

PLEASE TAKE NOTICE that upon the annexed affidavit and the exhibits
attached thereto the undersigned hereby moves this court for an order
extending the time to file an brief and appendix to this appeal.

The undersigned also wishes to inform this court that there now
pending related cases in four judicial circuits around the country in
California, Texas, Pennsylvania and Illinois all with many of the same
parties and over-lapping facts as this case. Judge Marilyn Patel of
the San Francisco United States District Court in the case United
States of America Chess Federation vs. Susan Polgar suggested this
past Monday, February 23, 2009 that all five cases should be
consolidated into one case.

The undersigned plans to move at some future date to consolidate at
least four of these cases but now is not the time to do that.

Yours, Etc.


Samuel H. Sloan

February 27, 2009

Copies to:

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, Zsuzsanna “Susan” Polgar and
Gregory Alexander
50 Jericho Quadrangle
Jericho NY 11753-2729

Emily E. Daughtry
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
805 Third Avenue, 8th Floor
New York NY 10022

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

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

UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
__________________________________________
Sam Sloan,
Docket No. 08-5813-cv
Plaintiff-Appellant,

-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 AND EXHIBITS IN SUPPORT OF MOTION
FOR AN EXTENSION OF TIME
__________________________________________

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

1. I am the plaintiff-appellant herein. I hereby move for an extension
of time to file my brief and appendix.

2. In addition, I wish to inform the court of the existence of four
other cases with overlapping allegations and similar parties. I am
including the complaints and other documents pertaining to these other
cases. I believe that the courts will ultimately want to consolidate
these five cases into one big case. They a

3. Polgar vs. United States Chess Federation in the Northern District
of Texas pending before Judge Sam Cummings

USCF vs. Polgar in the Northern District of California pending before
Judge Marilyn Patel

Parker vs, Polgar and Truong in the Eastern District of Pennsylvania
pending before Judge Joyner

Potentially the most significant case is the Illinois state case of
USCF vs. Polgar and Truong in Sangamon County, Springfield, Illinois,
Case No. 2008MR000751 . Being a state court case, it is not in the
PACER system

4. Attached hereto as an exhibit is the complaint in the case in
Sangamon County, Illinois. The complaint in this case includes as an
exhibit the complaint in the instant case, Sloan vs. Truong. As can be
seen, the complaint in that case parallels closely the allegations in
the instant Sloan vs. Truong et al case. The primary defendant, Susan
Polgar, has led process servers a merry chase around the country
trying to catch her. They finally caught her about two weeks ago.
There are reports on the Internet that Truong escaped out the door
when he saw the process server coming and that he hid under his desk
at Texas Tech University when a process server tried to serve him
there.

5. In any event, Susan Polgar has been served. Her attorney stated at
a hearing before Judge Marilyn Patel on Monday February 23 that he
will be removing the Illinois state court case to federal court and
then asking that it be transferred and consolidated with the Texas
Case, Polgar vs. United States Chess Federation. However, I personally
have doubts that he can do that. The Illinois State Court case is a
Chancery case seeking to remove Susan Polgar and Paul Truong from the
Board of Directors of the United States Chess Federation on the
grounds of election fraud and dishonesty, all of which allegations are
also in the instant case here. The Sangamon County Circuit Court
clearly has jurisdiction under Illinois law to remove Polgar and
Truong from the board. It does not seem clear that a federal court in
Lubbock Texas would have jurisdiction to do that.

6. Attached hereto as an exhibit is the transcript of the hearing held
in San Francisco federal court on this past Monday where this issue is
discussed.

7. The San Francisco attorney for Susan Polgar has compiled a list of
these pending related cases showing how the instant case is related to
the other cases. Attached hereto as an exhibit is the “Notice of
Pendency” filed by Susan Polgar's San Francisco attorney.

8. Judge Sam Cummings of the Lubbock Texas Federal Court made a
decision two weeks ago which denied motions to dismiss the plaintiff's
here counter claim there. As you will see, the decision by Judge
Cummings states that my counter claim there is similar to my complaint
here.

9. Frankly, the decision by the court below in the instant case is
incomprehensible in my opinion. I note that a much weaker but similar
case entitled Parker vs. Polgar and Truong filed in the United States
District Court in Philadelphia has survived a motion to dismiss. I
fully expect this court to remand the instant case to the court below
based on what is happening in the other pending related cases around
the country.

10. I also wish to inform the court and opposing counsel that their
clients have not learned their lessons and are up to their dirty
tricks again. The complaint in the instant case concerns primarily
dirty tricks played during the 2007 election campaign for election to
the Executive Board of the United States Chess Federation. These dirty
tricks included sending at least 2454 “Fake Sam Sloan” Internet
postings that were so obscene that they cannot be printed here and
which had my name signed to them as the purported author. The purpose
of these fake postings was to discredit me and anybody attacked in
these postings, in order to bring about the election of Susan Polgar
and Paul Truong, a married couple who was keeping that fact a secret,
and the candidates they supported, to the Executive Board of the
United States so that they could gain control over the $3.2 million in
annual revenues that the USCF annually receives.

11. Although Paul Truong and Susan Polgar were the main perpetrators,
I have stated from the beginning that USCF President Bill Goichberg
knew or should have known that Truong was doing it and should have
taken steps to stop it, but instead Goichberg found these obscene
Internet postings useful to himself because they discredited me and
they brought about my election defeat. Goichberg desperately wanted me
defeated, as I have been a thorn in his side.

12. Now Goichberg is running for re-election, even though the USCF has
lost more than $200,000 every year during his four years as USCF
President, except for the one year that I was on the board when the
USCF reported a profit in large part because of me complaining about
the USCF in losing money six figures every year. Goichberg has now
repeated one of his dirty tricks from the 2007 election campaign. The
new election campaign started in January 2009. In order to further his
election chances, Goichberg appointed Allen Priest, a rank beginner at
chess and a new member of the USCF, as Chairman of the Forum Oversight
Committee. Allen Priest is known to be vehemently hostile to me.
Goichberg had Priest appointed so that Allen Priest would ban me from
posting to the USCF Issues Forum so as to defeat my chances for being
elected. Allen Priest has carried out his mandate by upholding three
sanctions against me in just the short span of two weeks since he was
appointed, so now I am blocked from posting to the USCF Issues Forum.
The previous chairman was not exactly pushed out. Rather, what
Goichberg did has been compared to Roosevelt trying to stack the
United States Supreme Court. Goichberg had a bunch of Goichbergites
appointed to key positions on the Forum Oversight Committee and on the
Moderators Committee, knowing their personal hostility towards to me
and support for him. By doing this, Goichberg has created GROUNDS FOR
A NEW LAWSUIT. Two years ago, Goichberg appointed vehemently anti-Sam
Sloan people to these key positions, including Herbert Rodney Vaughn
and Gregory Alexander, both of whom were known to be fanatical
Polgaristas, because at that time Goichberg was supporting Polgar for
election, even though he knew all about the sordid background and
history of Miss Polgar. Thus, it was Goichberg who did the things that
caused the USCF to get in the position it now is with six major
lawsuits pending involving the USCF around the country, as reported on
page 48 of the current March Issue of Chess Life magazine. Both
Gregory Alexander and Herbert Rodney Vaughn are defendants to this
suit and one of them, Gregory Alexander, is now facing criminal
charges in San Francisco for the same reasons. He is one of the people
Goichberg appointed who, like Allen Priest, was a beginner at chess
and a new member of the USCF who wanted to gain control of the $3.2
million in annual revenues that the USCF receives.

13. At the hearing before Judge Marilyn Patel in San Francisco Federal
Court this past Monday it was revealed that the house of Gregory
Alexander has been searched by the United States Secret Service
because the Secret Service has jurisdiction over certain Internet
crimes such as those alleged in the complaint here and that the matter
is now in the hands of the San Francisco DA. The relevant pages of
that transcript are included herewith.

14. I believe that this court should be made aware of the fact that
the pot is boiling over again. There are indications that new lawsuits
are about to be filed over these issues, but not by me as the one
lawsuit I have is here is enough for me to cover all these issues.
Also, I think that the court may be interested in knowing that there
have been 12 articles in the New York Times about this case.

WHEREFORE, it is respectfully prayed that this motion for an extension
of time be granted.

Respectfully Submitted


Samuel H. Sloan
Sworn to before me this 27th
day of February 2009
_____________________________________________
Notary Public
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Old May 19th 11, 12:31 AM
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First recorded activity by ChessBanter: May 2011
Posts: 1
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All the Sam Sloan civil cases settled out of court without any significant public ruling. Much ado about nothing.

The courts finally told Mr. Sloan to quit filing his obnoxious lawsuits. He tried again in Illinois, and failed (court dismissed his complaint) a month ago.

No one thinks Sam Sloan lawsuits are interesting except . . . Sam Sloan.
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