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  • Washington v. William Morris Endeavor Entertainment Et Al. (10-9647) (PKC) (JCF) - 2nd Letter To Castel Jto Vacate Filing Injunction (April 2, 2016)

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    Washington v. William Morris Endeavor Entertainment et al. (10-9647)(PKC)(JCF) -- 2nd Letter to Castel jTo Vacate Filing Injunction [April 2, 2016]

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    Washington v. William Morris Endeavor Entertainment Et Al. (10-9647) (PKC) (JCF) - 2nd Letter To Castel Jto Vacate Filing Injunction (April 2, 2016)

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    April 2, 2016 Mr. P, Kevin Castel Southern District of New York 500 Pearl Street New York, New York 10007 Re: Second Attempt To Vacate Filing Injunction Issued Against Plaintiff Mr. Marcus Isaiah Washington | ‘Washington y. William Morris Endeavor Entertainment et al. (10 Civ. 9647) (PKC) (JCF) Mr. Castel: After ignoring the compelling legal arguments and pyramid of evidence presented in two voluminous Motions to support my claims of “fraud upon the Court” against William Morris Endeavor Entertainment (formerly the William Morris Agency), Locb & Loeb LLP, Michael P. Zweig and other Loeb attomeys, you confirmed the fraudulently procured “Final Award” of the American Arbitration Association (“AAA”) and granted William Morris and Loeb & Loeb LLP’s request to issue a filing injunction against me. In your September $, 2014 Final Order, you stated: FROM THE DATE OF THIS ORDER, MARCUS I. WASHINGTON AND THOSE ACTING IN ACTIVE CONCERT OR PARTICIPATION WITH HIM ARE PERMANENTLY ENJOINED AND PROHIBITED FROM THE FOLLOWING: (1) FILING OR OTHERWISE COMMENCING ANY ACTION IN ANY FEDERAL DISTRICT COURT ARISING OUT OF OR RELATING TO HIS EMPLOYMENT BY OR TERMINATION FROM WILLIAM MORRIS ENDEAVOR ENTERTAINMENT LLC, FORMERLY KNOWN AS THE WILLIAM MORRIS AGENCY, INC. AGAINST ANY PERSON OR ENTITY INCLUDING, BUT NOT LIMITED TO, DEFENDANTS AND THEIR PRESENT OR FORMER EMPLOYEES, AGENTS, OR ATTORNEYS, THE AMERICAN ARBITRATION ASSOCIATION AND ITS PRESENT OR FORMER EMPLOYEES OR AGENTS, ARBITRATORS, OR ANY JUDGE, CLERK, COURT REPORTER, EMPLOYEE OR AGENT OF ANY COURT OF THE UNITED STATES OF AMERICA WITHOUT FIRST OBTAINING A WRITTEN ORDER FROM THIS COURT AUTHORIZING HIM TO DO SO.” (emphasis added) On July $,2015, I submitted my frst eter to you via e-mail requesting, in part, for you to vacate the filing injunction that was unlawfully placed against me in your September 5, 2014 Order so that I could take legal action against Loeb & Loeb LLP, the AAA and other parties that colluded and conspired to deprive me of my constitutional and statutory rights under the color of law. See Exhibit A. On July 7, 2015, Christian Carbone of Loeb & Loeb LLP responded to my letter, arguing that I provided “no legal authority to support [my] request” and falsely stated that my “letter improperly [Sought] to re-litgate issues that have already been decided by both this Court and the U.S. Court of Appeals for the Second Circuit on multiple occasions.” See Exhibit B. As of today, my letter does not appear on the docket and you have not rendered a decision on this matter. Thus, this leter is my second and final attempt to ask you to vacate the filing injunction that you placed against me. From the beginning of this landmark employment discrimination and human rights case, you demonstrated that you ‘were incapable of being fair and impartial. Aside from ignoring my claims of pattern and practice discrimination ‘and disparate impact and reducing my case to allegations of post-hiring individual disparate treatment, you decided to ignore my Fed. R. Civ. P. 1-compliant legal arguments in opposition to the enforcement of William Mortis’ ‘mandatory, pre-dispute arbitration agreements that I signed as a condition of employment. This was ultimately done to prevent the merits of my case from being decided by an impartial jury. Mr. P. Kevin Castel April 2, 2016 Page 2 Next, you made little mention of the evidence which proved that Loeb & Loeb LLP, attomey Michael P. Zweig and numerous others engaged in a conspiracy in Rowe Entertainment v. William Morris Agency et al. (98-8272) (RPP\JCF) to conceal hundreds of e-mails containing racially derogatory terms such as “nigger” from being produced and seen by both the Court and an impartial jury. You refused to acknowledge that Arbitrator Gregory of the AAA admitted this document (“Exhibit 31”) into the evidence of record in his third interim Decision and compelled William Morris to pay the costs of producing the underlying e-mails to “Exhibit 31” before he abruptly ~suspend{ed]” discovery and rendered his December 17, 2013 Partial Final Award. Based on this fact alone, Loeb & Loeb LLP should have had absolutely no involvement in this case and all decisions rendered in the Defendants” favor should be viiated. Additionally, you violated my constitutional right to due process when you refused to make a decision on my motions to disqualify Loeb & Loeb LLP and told me to continue arbitrating the case in “good faith.” It is well- settled that only a federal judge — not an arbitrator — has jurisdiction to decide whether or not an attomey and/or law firm has engaged in unethical conduct. When you finally addressed this issue in your Final Order, you saw nothing wrong with the fact that Christian Carbone failed to disclose to myself and/or the Court that his wife — Sasha ‘Angelique Carbone — was an executive at the AAA and worked closely with the second “arbitrator” who dismissed my case with prejudice and awarded William Morris $43,707.60 after objecting to his jurisdiction. You also saw nothing wrong with the fact that Loeb & Loeb LLP made numerous misrepresentations about William Morris innocence, refused to comply with any of my discovery requests and directly paid Lewis in violation of the AAA's rules, What makes your decisions even more appalling, is that you serve as the Chair of the Grievance Committee for the Souther District of New York —a committee which is responsible for handling complaints and disciplining altomeys who engage in misconduct. To further violate my constitutional rights to due process and equal protection under the law, you also deliberately ignored the facts of the case and erroneously relied on one case from thirty-six years ago ~ Michaels v, Mariforum Shipping, S.A., 624 F.2d 411, 413-414 (2d Cir. 1980) —to conclude that Arbitrator Gregory's Partial Final Award was not reviewable, In Gregory’s Award, he concluded that William Morris “discriminated against [me] in violation of pertinent federal, state, and local law prohibiting discrimination in employment on the basis of race” and indicated that I would be awarded the full gamut of monetary damages during phase two of our bifurcated proceeding ? Substantial case law was presented to demonstrate that based on the unique facts and circumstances of the case, that Gregory's Award was both “ripe” for judicial review and “final” with respect to the issues of arbitrability and liability. Of course, you ignored my legal arguments and pretended that Loeb & Loeb LLP’s distorted interpretation of the law was correct. Since majority ofthe legal conclusions reached, particularly in your September 5, 2014 Final Order, are erroneous ‘as a matter of law, you should have disqualified yourself when 1 intially asked you to do so in my March 17, 2014 “Fraud Upon the Court” Motion. Instead, you stated in your March 27, 2014 Order that “viewed as a totality, an objective, disinterested observer fully informed of the underlying facts would not entertain significant doubt that ' Schnader LLP attomey and board of director for the AAA, Timothy K. Lewis, ? Although I maintain that the mandatory, pre-dispute arbitration agreements 1 oyment at William Morris were substantively and procedurally unconscionable and that arbitration was an inappropriate forum for this case to achieve the public policy goals of the Civil Rights Act of 1964, Christian Carbone deceived the Court by ‘making it appear that a bifurcated arbitration proceeding had never been discussed or mentioned with Arbitrator Gregory before he decided to ignore the law and enforce their contracts. Even if I hadn't, the arbitrator was left with no choice than to bifurcate the proceeding if he found William Morris guilty of violating Title VII since William Morris and Loeb & Loeb LLP refused to comply with any of my discovery requests for six months and refused to produce the necessary financial documents that would allow my economic expert the opportunity to compute monetary damages before Gregory issued his Award, Mr. P, Kevin Castel April 2, 2016 Page 3 justice would be done in this action absent recusal of the undersigned,” while continuing to flout the prevailing law and render one-sided decisions. In order to prejudice my appeals, you took it ten steps further by falsely stating that it would not be submitted in “good faith” and revoking my in forma pauperis status to create the false impression that my claims were “frivolous.” Based on your deceptive statements, your colleagues in the Second Circuit and Supreme Court also refused to take my claims seriously. In the ast year, Ihave attempted to have your decisions vacated by filing four appeals with the Second Circuit and submitting numerous pleadings to the Supreme Court. Although I requested for my appeal to be ‘transferred to another circuit, the three panel judges on the Second Circuit - which included Southem District of New York federal judge Laura Taylor Swain — concluded on March 11, 2015 in an improvident, one paragraph decision that my appeal “lackfed] an arguable basis in either law or in fact.”* My petition fora writ of certiorari was denied by the Supreme Court on November 30, 2015 and my Petition for Reconsideration was also denied on February 29, 2016. All three branches of our nation’s federal judiciary have refused acknowledge and/or explicitly address my claims of “fraud upon the Court” or Loeb & Loeb LLP’s egregious violations of the New York Rules of Professional Conduct and New York Judiciary Law § 487. This is not accidental or “due to chance.” ‘You have taken extraordinary measures to prevent me from asserting my rights and I’ve been denied justice, in part, because I was unable to find an attomey to represent me in this undesirable case. Since each federal judge has refused to uphold the law, itis clear that the outcome of this case was largely pre-determined. The law has always ‘been on my side, so I have never had a reason to engage in “bad faith”. When I discuss these “issues” above, Iam not secking to “re-litigate” them, I am merely explaining why you and other federal judges have violated the U.S. Constitution, the Judicial Code of Conduct, your Oath of Office and why I plan on taking legal action against you and others for engaging in a conspiracy to deprive me of my constitutional and unalienable rights under the color of Jaw. As demonstrated above, this is not hard to prove. have suffered considerable irreparable harm and nearly six years of my life have been wasted. As a result of being ‘economically castrated and deprived of my constitutional and unalienable rights, I will do whatever it takes to correct this cosmic injustice. Based on the fact that each branch of the federal judiciary had to intentionally ignore the law in order to deny my meritorious claims, itis futile for me to expect you to vacate the filing injunction or for any court to take my independent claims of fraud, conspiracy, etc. seriously, Thus, under the doctrine of equitable tolling, the statute of limitations for these claims should be tolled since you had to abuse your power in order to render decisions in favor of the Defendants and stated that 1 would be held in contempt for violating the filing injunction. Regardless of the Courts" decisions, the fact still remains that Hollywood's oldest talent agency has intentionally segregated its workforce by race for 118 years Thanks to you and other corrupt federal judges, William Morris and other predominately all-white institutions have been given permission to continue maintaining their racially discriminatory employment practices, policies and procedures with “malice and/or reckless disregard” to the federally protected rights of people of color without any repercussions or punishment. The decisions that you made throughout this case are the exact reasons why you were elected to the bench and assigned to preside over this case, * Ifthat were actually true, why would Loeb & Loeb LLP need more than six attorneys and three paralegals to represent William Mortis in this case against a pro se, non-attoey and how did Arbitrator Gregory conclude that by a “preponderance of the evidence,” William Morris had “violated federal, state and local law prohibiting discrimination in ‘employment on the basis of race’ * See e.g., Neal Gabler. An Empire of Their Own: How The Jews Invented Hollywood. (1989); Neal Gabler, “Jews, Blacks and Trouble In Hollywood.” New York Times. September 2, 1990. http:/svww.nytimes.com/1990/09/02/movies/film= -view-jews-blacks-and-trouble-in-hollywood. hum; Dennis Romero, “How Hollywood Keeps Minorities Out." LA Weekly. February 25, 2015. http://www. weekly. com/news/how-hollywood-keeps-minorities-oul-5402815, Mr. P. Kevin Castel April 2, 2016 Page 4 but you must always remember: No man is above the law and you are not God simply because a black robe covers ‘your pale skin, ‘You are an embarrassment to hue-manity. Whether or not my request is granted, I will eventually take legal action against Loeb & Loeb LLP, Michael P. Ziveig, Christian Carbone and others for engaging in a “pattern” of fraud, violating New York Judiciary Law § 487, conspiring to deprive me of my constitutional and statutory rights under the color of law due to my race and engaging in a conspiracy to interfere with the human rights of people of African descent. Sooner, rather than later, America will no longer will be able to live in denial and will be forced to acknowledge and grapple with the realities of global white supremacy (racism). When that happens, I will do everything humanly possible to ensure that you are publicly exposed for the racist, corrupt and dishonorable federal judge that you are and impeached from the bench for your “high crimes and misdemeanors”. Best, Mareus Washington wee alas Enclosure: cc: Mr. Michael P. Zweig of Loeb & Loeb LLP (delivered via e-mail) Exhibit A July 3, 2015 Mr. P. Kevin Castel Southern District of New York 500 Pearl Street New York, New York 10007 Ret Vacating Filing Injunction Issued Against Plaintiff Mr. Marcus Isaiah Washington | Washington v. William Morris Endeavor Entertainment et al. (10 Civ. 9647) (PKC) (JCF) Mr. Castel ‘You have intentionally done everything in your power as an ideologically conservative, Republican appointed, white ‘male federal judge to ignore the realities of institutional racism! and violate your Oath of Office, the Judicial Code ‘of Conduct and the U.S. Constitution in order to render one-sided decisions in favor of an extremely racist and influential Hollywood institution - William Morris Endeavor Entertainment (formerly the William Morris Agency) ~ that has engaged in an intentional pattem and practice of denying qualified African Americans the equal opportunity of being hired and/or promoted to Agent spanning 117 years and counting. ‘You demonstrated from the beginning of this landmark employment discrimination and human rights case that you ‘were incapable of impartially administering justice after ignoring my Fed. R. Civ. P, 11-compliant legal arguments in opposition to the mandatory, pre-dispute arbitration agreements I signed as a condition of employment. Based on the fact that all of the legal conclusions you have reached, particularly in your September 5, 2014 Final Order, are ‘erroneous as a matter of law, you should have disqualified yourself when I initially asked you to do so in my Motion dated March 17, 2014, Instead, you decided to continue flouting the law and took ita step further by prejudicing my appeal by stating it would not be submitted in “good faith,” revoked my in forma pauperis status to create the false ‘impression that my claims were “frivolous” and prevented me from taking further legal action against all parties that have conspired to deprive me of my constitutional and statutory rights under the color of the law. In your September 5, 2014 Final Order, you stated: FROM THE DATE OF THIS ORDER, MARCUS I, WASHINGTON AND THOSE ACTING IN ACTIVE CONCERT OR PARTICIPATION WITH HIM ARE PERMANENTLY ENJOINED AND PROHIBITED FROM THE FOLLOWING: (1) FILING OR OTHERWISE COMMENCING ANY ACTION IN ANY FEDERAL DISTRICT COURT ARISING OUT OF OR RELATING TO HIS EMPLOYMENT BY OR TERMINATION FROM WILLIAM MORRIS ENDEAVOR ENTERTAINMENT LLC, FORMERLY KNOWN AS THE WILLIAM MORRIS AGENCY, INC., AGAINST ANY PERSON OR ENTITY INCLUDING, BUT NOT LIMITED TO, DEFENDANTS AND THEIR PRESENT OR FORMER EMPLOYEES, AGENTS, OR ATTORNEYS, THE AMERICAN ARBITRATION ASSOCIATION AND ITS PRESENT OR FORMER EMPLOYEES OR AGENTS, ARBITRATORS, OR ANY JUDGE, CLERK, COURT REPORTER, EMPLOYEE OR AGENT OF ANY | Janie Velencia, "Republicans Dont Find Racism To Be As Serious Of A Problem As The Rest Of America.” Huffington Pos. July 3, 2015. htp/wwhuffingtonpost com/2015/07/02/republicans-racism-poll_n_717144 him. (“Even among ‘white Americans, the gap in opinion persists between Democrats and Republicans. Fifty-two percent of white Democrats say racism is a ‘very serious’ problem, compared to 17 percent of white Republicans and 26 percent of white independents. ‘A recent CNN poll that asked a similar question produced almost the same results, with Republicans 37 points less likely than Democrats to say racism poses at least a ‘somewhat serious’ problem. The results mark the highest number of ‘Americans to acknowledge racism as a problem that CNN has recorded since it began asking the question in 2008.”) Mr. P. Kevin Castel July 3, 2015 Page 2 COURT OF THE UNITED STATES OF AMERICA WITHOUT FIRST OBTAINING A WRITTEN ORDER FROM THIS COURT AUTHORIZING HIM TO DO SO.” (emphasis added) In that Order, you made no mention of the conspiracy and fraud Loeb & Loeb LLP and attomey Michael P. Zweig ‘engaged in in Rowe Entertainment v. William Morris Agency et al. (98-8272) (RPPXJCF) to conceal hundreds of e-mails containing racially derogatory terms such as “nigger” from being produced and seen by both the Court and an impartial jury. Based on this fact alone, Loeb & Loeb LLP should have had absolutely no involvement in this case and all decisions rendered in their favor should be vitiated. As you were made aware, Arbitrator Gregory admitted this document into the evidence of record in his third interim Decision and compelled William Morris to pay the costs of producing the underlying e-mails to “Exhibit 31” before he abruptly “suspend{ed]” discovery and rendered his December 17, 2013 Partial Final Award. Inthe latter Award, Gregory concluded that William Morris “discriminated against (me] in violation of pertinent federal, state, and local law prohibiting discrimination in employment on the basis of race” and indicated that I would be awarded the full gamut of monetary damages during phase two of our bifurcated proceeding? You deliberately ignored the facts of the case and erroneously relied on ‘Michaels v. Mariforum Shipping. S.A., 624 F.2d 411, 413-414 (2d Cir. 1980) to conclude that Arbitrator Gregory's ‘Award was not reviewable since it was not “final,” although his Award was “final” with respect to the issues of arbitrability and liability and thus, his Award “ripe” for judicial review. Since neither you or the Second Circuit have acknowledged or explicitly addressed my claims of “fraud upon the Court” or violations of the New York Rules of Professional Conduct and New York Judiciary Law 487 against Loeb & Loeb LLP and its attomeys, I am informing you that whether or not I have a written order from this court authorizing me to do so, I will be taking legal action against Loeb & Loeb LLP, Michael P. Zweig, and Christian Carbone for engaging in fraud, violating New York Judiciary Law § 487, conspiring to deprive me of my constitutional and statutory rights under the color of law due to my race and engaging in a conspiracy to interfere with the human rights of people of African descent following the resolution of my petition for a writ of certiorari to the Supreme Court. Yesterday, I gave WME co-CEO Ariel Emanuel and his fraudulently appointed counsel notice of the pending future litigation that will be taking to correct this gross “miscarriage of justice,” See Exhibit A, and wanted to do the same for you since I will also seek that you be impeached from the bench for your “high crimes ‘and misdemeanors.” Best, Marcus Washington Aaen® alegh- cc: Mr. Michael P. Zweig of Loeb & Loeb LLP (delivered via e-mail) 2 Although I maintain that the mandatory, pre-dispute arbitration agreements I signed as a condition of employment at William Morris were substantively and procedurally unconscionable and that arbitration was an inapproprete forum for this case to achieve the public policy goals of the Civil Rights Act of 1964, Christian Carbone deceived the Court by ‘making it appear that a bifurcated arbitration proceeding had never been discussed or mentioned with Arbitrator Gregory if he decided to ignore the law and enforce their contracts. Even if I hadn't, the arbitrator was left with no choice than to bifurate the proceeding if he found William Morris guilty of violating Title VII since William Morris and Loeb & Loeb LLP refused to comply with any of my discovery requests for six months and refused to produce the necessary financial documents that would allow my economic expert the opportunity to compute monetary damages before Gregory issued his Award Exhibit A Marcus Luther X From: Marcus Luther X Sent: Thursday, July 2, 2015 8:00 AM Tor aemanuel@wmeentertainment.com; ‘Michael Zweig’; ‘Christian Carbone’; ifrankenheimer@loeb.com; mmayerson@loeb.com; mbeck@loeb com; ckatz@wmeentertainment.com Subject: Washington v. William Morris Endeavor Entertainment et al. | Supreme Court & Pending Future Litigation Mr. Ariel Emanuel ‘As you are aware: I have been suing William Morris Endeavor Entertainment LLC since December of 2010 for intentional and “unintentional” violations ofthe Civil Rights Act of 1964 and other federal, state and city antdiscrimination & antitrust laws and that I have also accused the law firm representing your company ~ Loeb & Loeb LLP, attomey Michael P. Zweig and others - of engaging in “pattem” of “fraud upon the Court” and highly unethical end criminal activity on your company's behalf throughout the federal courts, and AAA to prevent the merits of two racial discrimination & antitrust cases ~ eg. Rowe Entertainment v. William Morris Agency et al and Washington v. William Morris Endeavor Entertainment — from being decided by an impartial jury. As a result of this fraud, William Morris has been able to continue to segregate its higher-status, higher-paying positions by race and maintain employment & business practices, policies and procedures that create a glaring disparate impact against qualified Aftican Americans from meaningful employment & business opportunities throughout every single aspect of the company, hence the reason why I was the only African ‘American employed at any level of the New York office's Agent Trainee program when I started in September of 2008, Although I was working on a petition for a writ of certiorari to the Supreme Court, I am first going to file a Rule 21 Motion with the ‘Supreme Court pursuant to Rule & to seek Loeb & Loeb LLP’s disqualification and request that all fraudulently procured decisions rendered in favor of William Mortis and Loeb & Loeb LLP be vitiated. I already obtained a favorable decision from Arbitrator David LL, Gregory on December 17, 2013 which concluded that William Morris “discriminated against [me] in violation of pertinent federal, state, and local law probibiting discrimination in employment on the basis of race" and awarded me the full gamut of monetary damages, but I will not stop until Zweig and Carbone are found guilty, disbarred and extreme monetary sanctions are imposed against Loeb & Loeb LLP for conspiring to deprive me of my constitutional, statutory and unalienable rights under the color of law, as well as conspiring to interfere with the human rights of people of African descent and intentionally violating numerous rules under the New York Rules of Professional Conduct, on your company’s behalf. During my employment, I tried to address this issue with Carole Katz and others behind closed doors about my belief thet I was being, discriminated against because of my race, but I was told that the company would “never” discriminate against anyone, particularly Affican Americans. My concems were not taken seriously but we all know that I was lied to, hence the reason why African Americans have historically been nonexistent and/or grossly underrepresented in meaningful positions throughout all agencies, studios, networks ‘and other businesses in Hollywood. This is not accidental or due to chance... Are there still zero Aftican American Agents employed in the New York offices of WME-IMG? What institutional, organizational and structural changes, if any, have you implemented to make WME-IMG's work culture more inclusive for non-whites/Jews" since there is a strong reliance on subjective and arbitrary decisionmaking to hire and/or promote individuals to Agent and Agent Trainee? You think you can violate our human rights and act above the law because you are so “superior” and more importantly, one of “God's ‘chosen people”? I hate to burst your bubble, but these are nothing but lies to mask the actual inferiority of you and your “people”. [The original Jews were dark skinned and descendants of Eurasia could never claim that Israel or land inthe “Middle East” actually belongs to them present day.] After using powerful communicative mediums like television and film to project, condition, brainwash, distort and taint the minds of the masses to believe in the myth of black inferiority and engaging in an intentional pattern and practice of excluding QUALIFIED African Americans from Agent and Agent Trainee positions for 117 years and counting, William Morris ~ as well asthe other talent agencies, studios and networks in Hollywood must begin to comply withthe Civil Rights Act of 1964 and take affirmative measures to meaningfully diversify the workplace and eradicate al institutional barriers that have allowed whites/Jews" to ‘maintain a race-based monopoly over decision-making positions throughout Hollywood for more than a century. Ifyou and others with

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