VexLit Rosen and Co lie to court
From: Keith Henson <[email protected]>
Subject: VexLit Rosen and Co lie to court
Date: 5 Sep 1999 21:45:07 GMT
1 SUPERIOR COURT OF THE STATE OF CALIFORNIA
2 FOR THE COUNTY OF LOS ANGELES
3 DEPARTMENT 35 HON. ALEXANDER H. WILLIAMS III
5 GRAHAM E. BERRY,
6 PLAINTIFF, )
7 VS. ) NO. BC184355
8 ROBERT CIPRIANO, )
11 REPORTER'S TRANSCRIPT OF PROCEEDINGS
FRIDAY, AUGUST 20, 1999
14 FOR THE PLAINTIFF: GRAHAM BERRY *
ATTORNEY AT LAW
15 ONE WILSHIRE BOULEVARD
LOS ANGELES, CA 90017
16 (213) 833-5900
17 FOR THE DEFENDANT: MOXON & KOBRIN **
BY: HENDRICK MOXON
18 3055 WILSHIRE BOULEVARD
LOS ANGELES, CA 90010
19 (213) 487-4466
20 PAUL, HASTINGS, JANOFSKY *
BY: MR. SAMUEL ROSEN
21 23RD FLOOR
555 SOUTH FLOWER STREET
22 LOS ANGELES, CA 90071
24 ORRICK, HERRINGTON, SUTCLIFFE
BY: GERALD L. CHALEFF *
25 777 SOUTH FIGUEROA STREET
LOS ANGELES, CA 90017
26 (213) 612-2194
1 SIMKE CHODOS
BY: DAVID M. CHODOS
1880 CENTURY PARK EAST
LOS ANGELES, CA
5 BY TELEPHONE MR. BARRY SOTER
ATTORNEY AT LAW
CHARLES KUHN, CSR #7810
7 OFFICIAL REPORTER
1 CASE NUMBER: BC184355
2 CASE NAME: GRAHAM E. BERRY VERSUS
ROBERT J. CIPRIANO
4 LOS ANGELES, CA FRIDAY, AUGUST 20, 1999
5 DEPARTMENT 35 HON. ALEXANDER WILLIAMS, III, JUDGE
6 REPORTER: CHARLES KUHN, CSR #7810
7 APPEARANCES: (AS NOTED ON TITLE PAGE.)
8 The Court: good morning and welcome
9 back. We are on the record in case number bc184355 and
10 related consolidated matters. The lead name is Graham
11 Berry versus Robert Cipriano.
12 Counsel, good morning. Thank you for
13 your patience this morning. May I have your
14 appearances. And I remind you that one counsel is
15 appearing by phone, that appearance, Mr. Soter?
16 Mr. Soter: Barry soter of wasserman, Soter and
17 counsel, formally attorney of record for the dismissed
18 defendant, Robert Cipriano.
19 The Court: I know you are out of town, and I do
20 want to repeat my request of you. If at any time you
21 don't hear, sound off in some way and I will assure
22 that these proceedings are conducted in a way that
23 everybody can understand, okay, sir?
24 Mr. Soter: I will do that.
25 The Court: other appearances of counsel here in
27 Mr. Chaleff: Gerald Chaleff of orrick,
28 herrington and sutcliff for church of scientology
2 Mr. Moxon: kendrick moxon, your honor, on
3 behalf of isador chait.
4 Mr. Rosen: samuel d. Rosen on behalf of paul,
5 hastings, janofsky, and walker.
6 The Court: good morning.
7 Mr. Chodos: david chodos of simke chodos, your
8 honor, on behalf of russell shaw.
9 Mr. Berry: Graham Berry on behalf of myself,
10 and Mr. Cipriano is here who is ready to come forward
11 and speak the truth, and he is sitting on my right.
12 The Court: then let him do that.
13 Good morning, Mr. Cipriano. Welcome to
14 this court and in what capacity do you appear here
16 Mr. Cipriano: I appear pro per.
17 The Court: in what capacity though, are you a
18 party to the litigation?
19 Mr. Cipriano: I believe I'm a defendant.
20 The Court: i believe the matter has been
21 dismissed, has it not?
22 Mr. Berry: as a former party, your honor, he
23 comes to this court seeking relief in respect of his
24 files and his physical safety.
25 The Court: very good. I just want to clarify
26 that status.
27 The guy next to you is the same guy
28 that sued you, according to the name in the lawsuit; is
1 that correct, Mr. Cipriano?
2 Mr. Cipriano: that's right.
3 The reporter: can I get their names if they are
4 going to speak randomly?
5 The Court: yes.
6 Gentleman, when you speak you need to
7 announce, because The Court reporter today is chuck
8 kuhn, k-u-h-n. He is not the regularly assigned court
9 reporter. Let's do this thing in an orderly way like
10 we were trying to do with respect throughout these
11 proceedings until last night.
12 Mr. Rosen: thank you, your honor.
13 Samuel Rosen, first of all, I should
14 thank you for my continued privilege of audience on my
15 pro hac vice in this matter.
16 The Court: you know, we have a shortage of
17 lawyers here in los angeles, and I am particularly
18 happy to have those of you appear, particularly from
19 new york city.
20 Mr. Rosen: your honor, I'm a little confused
21 because I didn't understand that there was any
22 application by Mr. Cipriano on, for the simple reason
23 of what I understood to be on.
24 Maybe it's my error, but this is a
25 vexatious litigant motion against Mr. Berry.
26 The Court: would you allow me to cite what i
27 think is on today?
28 Mr. Rosen: of course.
1 The Court: I appreciate your leadership. As
2 you know, I particularly respect that when it comes
3 from somebody who has a particular hair color, but let
4 me, if you would, run this case.
5 I want to state at the beginning nobody
6 owns this court. I am not a wealthy guy. I've been a
7 government servant all my life. I have served with
8 pride, and I take the bench every day knowing that I'm
9 going to do the right thing because I'm not afraid of
10 anything or anybody. I am not rich, except in things
11 that you can't measure by money.
12 One of the obligations of this job is to
13 be thick of skin, and I have learned to do that after
14 fifteen years in this job.
15 I tell people I hope I'm kinder and
16 gentler, but darn sure I'm older and slower, so things
17 do not upset me. I take things in stride, but I will
18 say that I take pride in having tried very hard in my
19 most recent judicial years, and particularly in the
20 handling of this very difficult cases to treat
21 everybody, and I mean everybody, to courtesy and
22 respect. And I really believe I have done so.
23 The interesting thing about my job is i
24 have an obligation to you all to treat everybody with
25 respect and courtesy. I guess the obligation doesn't
26 necessarily run the other way. That is fine. I'm a
27 big boy and I get paid by the month.
28 Now here is what is on for today. Let me
1 recite the history. I can invite you all to have a
2 seat if you want.
3 Mr. Soter, are you still hearing me?
4 Mr. Soter: I am, with some difficulty. It's
5 difficult for me to hear, but I can just quite pick you
7 The court: let me do this, does this help? I'm
8 now on the microphone, does that help?
9 Mr. Soter: yes, it does.
10 The court: this is a case that has been pending
11 for sometime in this court, and we have seen changes of
12 counsel and changes of parties and changes of seats and
13 as of today, some of the most amazing changes I have
14 seen in my professional career, but we will deal with
15 it step-by-step, with respect.
16 The case had been dismissed. All claims
17 and all complaints had been dismissed and the case was
18 effectively gone with the exception that sometime ago
19 Mr. Chaleff noticed on behalf of the church of
20 scientology international, and I believe other
21 defendants, specifically defendant chait represented by
22 Mr. Moxon, if I recall correctly, joined in a motion to
23 declare Graham Berry a vexatious litigant.
24 That motion for various reasons was
25 continued to today. That was all that I expected to
26 see of this case today on the application only, on that
27 petition only.
28 On monday, all of the defendants'
1 counsel, specifically, if I recall, Mr. Moxon,
2 Mr. Chaleff, I'm not sure who was here on behalf of
3 Mr. Chodos, Mr. Soter, and I don't recall who else was
4 here, but it appeared to be all of the counsel for the
5 several defendants.
6 They were here at 8:30 and advised me and
7 my court for the first time, because none of us had any
8 notice of it, which we always ask for in ex parte
9 matters, but we have gotten none, they had been noticed
10 into this court by Mr. Berry for an exparte
11 application, and notably absence was Mr. Berry.
12 I did not see fit to hold counsel
13 shackled to this courtroom on an exparte application
14 that had been unexplained, unnoticed, and unaccounted.
15 We heard nothing, I repeat, nothing, let me say again,
16 nothing, from Mr. Berry about what was going on or why.
17 My view is that one of the first rules of
18 my job is don't let people jerk people around. The
19 first rule of running a fair courtroom is to reward
20 classy lawyering and not go with that lawyering that is
21 not classy; therefore, I advised counsel that they were
22 relieved of any obligation of attendance to this court
23 on that morning since we had not heard from or seen
24 Mr. Berry and The Court hours had commenced.
25 I also advised counsel that I was
26 sufficiently concerned that they, as professional
27 people, had been required to attend here at the expense
28 of themselves or their clients, and that the person who
1 had required them to attend, make them be here, had not
2 told us about it and had not appeared and had not
3 accounted for his lateness.
4 Therefore, I said that, should they
5 choose to bring a motion for today's calendar for
6 compensation for the expenses that they were unfairly
7 put to, I would hear that motion. And I even set a
8 briefing schedule. I believe that such application had
9 to be submitted by wednesday, oppositions by thursday,
10 and replies here in court this morning.
11 The Court staff informed me that
12 Mr. Berry later showed up, and various things
13 transpired. Mr. Berry had tendered some exparte
14 matters that I simply continued to this day.
15 I also advised that I really didn't want
16 to engage in exparte practice. This is a case where
17 exparte practice by Mr. Berry in the past has been a
18 hallmark of the way that he does business, and I urged
19 and asked him to refrain from that and he has largely
20 done so.
21 It's fundamental to the process of
22 justice that proceedings be orderly, fair, and on a
23 noticed basis. We don't practice or countenance ambush
24 litigation; therefore, yesterday, the clerk informed me
25 at the middle of the day that we had received something
26 called a quote joint verified statement
27 disqualification of Graham e. Berry and Robert j.
28 Cipriano for the disqualification of the honorable
1 alexander h. Williams the iii.
2 I reviewed the document and I prepared
3 last night and caused to be filed this morning and
4 distributed to counsel two documents.
5 The first is an order striking the
6 statement of disqualification. I was informed by the
7 clerk that Mr. Berry had blatantly informed the clerk
8 as he departed these premises yesterday that he would
9 not be seeing us today, wrong.
10 As a matter of law, the statement of
11 disqualification in this court's judgment discloses no,
12 I repeat, no, I mean absolutely none, grounds for
13 disqualification of this court. I therefore order it
14 stricken pursuant to code of civil procedure section
16 As a precaution, as it should be
17 determined by some appropriate court at some time that
18 this court should not have taken that step, I do not
19 believe that that will happen, but should it, I have
20 prepared and submitted and also filed today my own
21 verified answer to the joint verified statement of
23 The bottom line is that this case
24 therefore remains before this court, and I propose to
25 proceed with the scheduled matter which is the petition
26 to find Graham Berry to be a vexatious litigant.
27 I know that Mr. Berry has other matters
28 that he and Mr. Cipriano want to bring before this
1 court, and I will hear from him on that. But the
2 noticed matter is the first matter we will deal with.
3 Remember, that The Court sets the agenda
4 and counsel do not. With all due respect, that is why
5 the state of california requires me to wear this
6 polyester dress all day. It's about order. It's about
7 notice. It's about fairness.
8 Mr. Soter, are you there?
9 Mr. Soter: yes, I am.
10 The Court: all right.
11 Mr. Chaleff, it is your application.
12 Please tell me what you are asking this court to do,
13 and why. Of course I have read all the papers,
14 including those in opposition including those tendered
15 just this morning.
16 Mr. Chaleff: thank you, your honor.
17 We are requesting The Court to declare
18 Mr. Berry --
19 The Court: one moment, please. I am confident
20 that Mr. Soter cannot hear you. I will request that we
21 give you, speaking counsel, the microphone. We have
22 done this before in this case. Stand by.
23 All right, Mr. Chaleff.
24 Mr. Chaleff: yes, your honor.
25 The Court: and Mr. Soter, please advise us if
26 you cannot hear him, okay?
27 Mr. Soter: I will, thank you.
28 Mr. Chaleff: it is our request that Mr. Berry
1 be declared a vexatious litigant and that he be
2 required to fulfill the requirements of the code of
3 civil procedure upon that declaration.
4 I have not been involved in this case or
5 in any of the cases which are the basis of this motion.
6 The Court: go to temple and thank god.
7 Mr. Chaleff: yes. I have represented the
8 church of scientology international in another matter.
9 Let me start off by saying this is not
10 easy for me to bring, being somebody who is always
11 defending people's rights to redress and people's
12 rights when they are accused of criminal activities or
13 other kinds of conduct.
14 The Court: and let me add that I absolutely
15 agree. I am a strong believer in the guarantees that
16 we all enjoy under our constitution. Those guarantees
17 include freedom of speech and they include freedom of
18 access to The Courts to seek redress.
19 I do not lightly embark upon that which
20 you asked me to do.
21 Mr. Chaleff: and I do not lightly embark or
22 bring this motion.
23 I might say that I have been known to
24 defend even those people attacking me, their right to
25 attack me., Because I believe people have the right to
26 say what they want and to seek legitimate redress in
27 The Court system.
28 I was asked by my client to review what
1 has happened in all of these cases and determine }
2 whether or not that i, as an objective party and
3 someone who has also developed a lot have grey hair,
4 felt this was an appropriate motion in this type of
5 case, and I did. I might note that if I had any
6 doubts, what has happened in the last week has
7 eliminated all of those doubts.
8 We filed this motion and it was to be
9 heard on june 15th and for various reasons, which will
10 be discussed, including Mr. Berry filing bankruptcy and
11 others, the motion was continued until today.
12 Before me, and I have probably thrown my
13 back out, this is the paperwork that I have received in
14 the last eight days. It's been a constant flow of
15 documents, most of which are duplicative and most of
16 which bear no relation to whatever the motion was other
17 than to re-enforce the view that Mr. Berry is using the
18 court system for some purpose other than a legitimate
20 I might say that there is no more telling
21 document to show that than the last page of exhibit a
22 of what Mr. Berry filed today. I'm not sure which
23 motion he filed it in, but it's exhibit a and it is a
24 press release that came out over the internet.
25 I have a copy for The Court, if The Court
27 The Court: he tendered the pleadings to me,
1 Mr. Chaleff: in which he talks about how he is
2 facing going to jail, which is certainly not true, but
3 this is on the internet, and that how he recently
4 released a shattering affidavit by Mr. Cipriano and on
5 and on. And if you want more information, call him at
6 his phone number, and the separation declaration is on
7 the web.
8 This is an exhibit which shows that when
9 you review what the purpose of this motion or what the
10 grounds for the motion are, among them are filed
11 unmeritorious motions, pleadings, or other papers or
12 engaging in other tactics that are frivolous or solely
13 intended to cause increasing delay.
14 It's clear in this case that many of
15 these documents are filed only for the purpose of being
16 able to release them on the internet or for something,
17 and then to have an improvider in The Court saying,
18 "look, I filed this in The Court." Then whatever
19 happens in court, Mr. Berry misinterprets it and out it
20 goes on the internet. Well, it's clear from the
21 history --
22 The Court: under the protection of the
23 litigation privilege.
24 Mr. Chaleff: well, it may not all be
25 protected, but he believes it is protected.
26 The Court: you are citing it as evidence of
27 the abuse of the process of this court to utilize the
28 litigation privilege as a shelter for the irrelevant
1 material for this litigation and not be accountable for
3 Mr. Chaleff: I don't know who www. Mervin.Com
4 is, but I believe it's another client or associate of
5 Mr. Berry. I believe Mr. Berry fits under the
6 requirements of this section.
7 There were five litigations, most of
8 which were dismissed by Mr. Berry because he filed
9 these things. Up goes all these declarations and i
10 make note -- well, let me say that in a second.
11 They're unmeritorious. He has not won
12 any of them. They are filed for all kinds of reasons,
13 none of which are legitimate purposes of redress.
14 He has previously be declared a vexatious
15 litigant by judge christina schneider under the federal
16 section rules and evidence. And I think we filed it
17 this week, but he was fined somewhere in the vicinity
18 of $28,000. $28,484 He was fined in that case in which
19 there was a lawyer called pattinson.
20 The Court: the name of the case for The Court
22 Mr. Chaleff: pattinson, p-a-t-t-i-n-s-o-n.
23 The Court: thank you.
24 Mr. Chaleff: and as The Court well knows,
25 Mr. Berry has been fined numerous times or sanctioned,
26 not only by this court, but recommended by judge,
27 retired justice eagleson and by other judges in this
28 courthouse. The requirements have been met.
1 In addition to that, the whole conduct of
2 Mr. Berry in this lawsuit cries out for this because
3 there seems to be no other way to control him. I
4 assume I'll be sued next because every lawyer, whoever
5 gets involved gets sued. Every judge is accused of
6 being dishonest or asked to be recused. Every lawyer
7 is accused of dishonest action. Everybody who seems to
8 oppose him is accused of criminal conduct.
9 I found that, I don't know if it was
10 amusing or not, but as soon as he figured out my
11 relationship to Chaleff, who is present in the police
12 commission, there was an argument that I should be
13 recused because we should be investigating my client
14 and all the lawyers related to the case rather than
15 representing them.
16 I find that strange coming from somebody
17 who sued Mr. Cipriano and now, in some way, either
18 wants to be his lawyer or his advisor or be the
19 recipient~ of his files. So it seemed to me that under
20 all the requirements, and just under common sense,
21 Mr. Berry qualifies as a vexatious litigant.
22 Some of the parts that strike me, and i
23 have read through all of this because I believe that is
24 my duty to read all of this. It's repetitive. Every
25 case has the same claims. There are like thirty-five
26 paragraphs that show up in almost everyone of these
28 The exhibits are duplicative, always
1 claiming misconduct. Most of which bearing
2 relationship, whatever, to whatever the motion is. In
3 this case, the vexatious litigation motion, I didn't
4 find, I saw maybe two of all the exhibits that might in
5 any way have related to it. The rest of it is the
6 usual diatribe against the clients and the lawyers and
7 the judge and whoever else happens to be on the other
8 side which, to me, supports the view that these are not
9 being brought for the legitimate purposes of seeking
10 legal redress of any type.
11 Also, Mr. Berry's willingness to dismiss
12 all of these in the way he has again shows that he is
13 using The Court system for purposes other than
14 legitimate redress.
15 Again I say, I would be the last person
16 to come before a court and argue that somebody should
17 not be allowed to present an issue that legitimately
18 should be redressed by The Court whether the person is
19 right or wrong.
20 In fact, there is a lawyer who is
21 constantly suing the police department who in federal
22 court tried to sanction him and not allow him to
23 practice, and I filed an amicus brief on his behalf
24 even though I was one of the people he was attacking.
25 The other part that adds to it is
26 sanctions that we are asking to slow Mr. Berry down.
27 Either he doesn't pay them or he declares bankruptcy.
28 And that also means that costs are not going to slow
1 him down because he has thrown all of that into the
3 50 The only way to protect the clients,
4 and all the others involved in this case, is to require
5 that somebody get between Mr. Berry and all of us, and
6 that is what the vexatious litigation statute would
7 say. That before Mr. Berry can file anything, before
8 Mr. Berry can seek the sanctity of the litigation
9 privilege he has to go to the presiding judge or
10 wherever he wants to file it, and show that there is a
11 legitimate claim, a legitimate issue. That is not what
12 Mr. Berry seems to be doing.
13 He is using The Court system for his own
14 purposes, and there is no other way he should have done
15 it. I am not as articulate as judge schneider. I'm
16 sure The Court has read judge schneider's order and you
17 can see what happens. I know in reviewing some of the
18 transcripts in this case, Mr. Berry's responses to
19 discovery motions and Mr. Berry's responses to
20 interrogatories, Mr. Berry's activities at depositions
21 would be enough to try anyone's patience, but certainly
22 you can't put somebody in that category. Mr. Rosen can
23 relate to his own experience with Mr. Berry, how
24 Mr. Berry attempted to use The Court system in an
25 attempt to prevent him from being deposed by Mr. Rosen.
26 If there is anything that shows the
27 purposes of what is going on, there is nothing more
28 bazaar than what has happened in the last week about
1 Mr. Cipriano and Mr. Berry's relationship. In fact, it
2 took me about four days to figure out what was going on
3 from reading all of this. Because I may be simple at
4 times, I could not understand how you could sue
5 somebody and then become his lawyer and get a
6 $120,000,000 judgment against that person who you sued,
7 but now you want to be his lawyer, but now you want to
8 get $120,000,000, but you not going to collect it
9 against him. You are going to collect it against some
10 other people.
11 I think I got lost in the middle of all
12 that and figured out it was just a ploy on Mr. Berry's
13 part to have something to throw up on the internet
14 saying I got a $120,000,000 judgment against all of
15 these people because of the caption and the name of the
17 The Court: i should have actually spoken
18 briefly to that point. I think that for purposes of
19 our hearing today on issues we are now hearing, the
20 bizarre evolution of the relationship between Mr. Berry
21 and Mr. Cipriano, is irrelevant. When we start dealing
22 with issues involving Mr. Cipriano as a party, and who
23 speaks for him, that is a separate matter of interest
24 to him, Mr. Berry and Mr. Soter.
25 I'm not sure I need to burden everybody
26 to be here, but with regard to the question of
27 disqualification and with regard to the question of the
28 petition to seek to have Mr. Berry declared a vexatious
1 litigant, I don't think either of those require a
2 untying of the bizarre gordian knot presented by
3 Mr. Berry and Mr. Cipriano here this morning.
4 50 I should have clarified that before we
6 Go ahead.
7 Mr. Chaleff: what I was leading up to, and
8 I agree with The Court, I'm not sure that we could
9 untie that knot. His record shows that Mr. Berry
10 attempts to, feels that he can play by his own rules.
11 The rules that apply to us, all of the rest of the
12 litigation and attorneys do not.
13 Mr. Berry believes they do not apply to
14 him, and that is shown by the bizarre kind of conduct
15 in relation to Mr. Cipriano and the disqualification
16 motion against The Court and all of the other documents
17 that I have had in my fax machine and others have
18 confronted me in the last week. Including, not only
19 the lack of appearances, but the appearances coming
20 late, but the manner in which things are served.
21 In fact, I got something that I couldn't
22 quite understand yesterday that said there is an ex
23 parte the day before. I assume that when he left the
24 courtroom here, he certainly noticed where The Court
25 said you have to come back friday, but he sort of
26 served it on us anyway.
27 The Court: i had no dialogue with Mr. Berry,
28 but it was reported to me that the clerk had so advised
2 Mr. Chaleff: if you go through the litigation
3 and The Court looks at how it was conducted, you can
4 see that again Mr. Berry may be the poster child for
5 what a vexatious litigant is.
6 He files Berry versus Cipriano in january
7 have 1998. He files Berry versus barton in february of
8 1998. He amends Berry versus barton in march of 1998.
9 He amends Berry versus Cipriano in may of 1998. He
10 attempts to get a tro against Mr. Rosen in may of 1998.
11 He dismisses the matter against Mr. Rosen in june of
12 1998. He files a case called Berry versus miss cabage
13 in july of 1998. He dismisses it in august of 1998 and
14 turns around the same day and refiles it and then in
15 september he amends it.
16 Then there is sort of a lull, I guess,
17 because of the holidays, and he comes back in february
18 of 1999 and dismisses Berry versus Cipriano, dismisses
19 Berry versus miss cabage.
20 In Berry versus barton in march this
21 court dismisses Mr. Chait because Mr. Berry has not
22 responded to any of the california judicial counsel
23 form interrogatories which I find amazing that he
24 should complain about those, and in april --
25 The Court: by the way, that was the first time
26 I have ever, in my practice as a judge, dismissed a
27 case on discovery violations. I don't go there
1 Mr. Chaleff: I read the transcripts. I again
2 didn't quite understand what was going on in relation
3 to what Mr. Berry was saying other than the usual
4 litany of complaints.
5 Then in april of 1999, in Berry versus
6 barton, all the other defendants are dismissed and then
7 judge schneider advanced rule eleven, 28 usc 1927
8 motion, and finds that Mr. Berry asserted his claims
9 against Mr. Moxon and others in bad faith and we have
10 this court order.
11 I bring that up to show this has been a
12 steady drumbeat. And what happens after that? I
13 reviewed all of this. We filed our motion in june and
14 it's not like it made it better, it made it worse
15 because now we have this flood of material that starts
16 coming in again.
17 Most of the exhibits attack individuals
18 or institutions personally and do not deal with the
19 motion. And when that doesn't seem to work, he then
20 attacks The Court. And in the middle of all that, he
21 attacks all the lawyers and at some point threatens to
22 slow the proceedings down by attempting to disqualify
23 me. And as soon as we filed our motion in june or
24 shortly thereafter, he declares bankruptcy in an
25 attempt to slow everything down.
26 50 It seems to me that the only remedy we
27 have is for The Court to grant the motion. That is the
28 only way to slow Mr. Berry down. Costs didn't slow him
1 down. Sanctions did not slow him down. Displeasure of
2 The Court does not slow him down. It seems like
3 nothing slows him down, and that is why this motion was
4 brought and that is the reason I believe this motion
5 should be granted.