UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

HONORABLE ANDREW J. GUILFORD, JUDGE PRESIDING; COURTROOM 100

CERTIFIED TRANSCRIPT
CHARLES EDWARD LINCOLN III,

Plaintiff(s),

vs. No. SACV 10-1573-AG(PLAx)

DAYLIGHT CHEMICAL INFORMATION

SYSTEMS INCORPORATED, ET AL.,

Defendant(s) .

REPORTER'S DAILY TRANSCRIPT OF PRETRIAL PROCEEDINGS

SANTA ANA, CALIFORNIA
THURSDAY, MARCH 3, 2011

DENISE PADDOCK
CSR 10199, CMRS, RMR, CRR
transcripts@ocrecord.com
U.S. DISTRICT COURT REPORTER
 A P PEA RAN C E S

030711 DCCD GUILFORD 10D LINCOLN

SACV 10-1573-AG(PLAx)

IN BEHALF OF THE PLAINTIFF: No Appearance

IN BEHALF OF THE DEFENDANT: Katherine M Harwood

Ford Walker Haggerty Behar
One World Trade Center
27th Floor
Long Beach, CA 90831-2700
562-983-2512
Email: kharwood@fwhb.com

Jonathan A Ross
Bradley and Gmelich
700 N Brand Blvd, 10th Floor
Glendale, CA 91203-1202
818-243-5200
Fax: 818-243-5266
Email: mmelo@bglawyers.com

Orly Taitz
Law Offices of Dr. Orly Taitz
26302 La Paz, Suite 211
Mission Viejo, CA 92691
949-683-5411
Email : drtaitz@yahoo.com
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1 SANTA ANA, CALIFORNIA; THURSDAY, MARCH 3, 2011

2 THE CLERK: Item 14, SACV 10-1573-AG(PLAx):

3 Charles Edward Lincoln, III v. Daylight Chemical Information

4 Systems, Inc., et al.

11:03 5 MR. ROSS: Good morning, Your Honor.

6 Jonathan Ross on behalf of Defendant Yosef Taitz

7 and Daylight Chemical Information Systems.

8 MS. HARWOOD: Good morning, Your Honor.

9 Katherine Harwood on behalf of the Law Offices of

110410 Orly Taitz and Orly Taitz.

11 MS. TAITZ: Good morning, Your Honor.

12 Orly Taitz and I am representing Defend Our

13 Freedoms Foundation and Orly Taitz, Incorporated.

14 THE COURT: And what was your name again?

110415 MS. HARWOOD: Katherine Harwood.

16 THE COURT: Harwood?

17 MS. HARWOOD: H-a-r-w-o-o-d.

18 THE COURT: All right. Have we heard from the

19 plaintiff at all concerning this motion?

110420 MS. TAITZ: Well, not regarding this motion,

21 Your Honor.

22 THE COURT: I'm just asking if anyone's heard and

23 apparently no one has heard.

24 MS. HARWOOD: No, Your Honor.

110425 THE COURT: All right. That might be because the

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 030711 DCCD GUILFORD 10D LINCOLN SACV 10-1573-AG(PLAx)
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1 plaintiff is in need of getting new counsel at the moment.

2 So I will be keeping that in mind.

3 When did you receive the tentative from the defense

4 side?

11:04 5 MS. HARWOOD: Sunday night, Your Honor.

6 THE COURT: All right. So who would like to

7 address the tentative?

8 MS. HARWOOD: It's your motion.

9 MS. TAITZ: Yes, Your Honor.

110410 I submit on the tentative and so do other

11 attorneys.

12 We have no problem. And as a matter of fact, I've

13 already filed a one-page request for clarification where I

14 stated that I understood that that motion would be moot due

110515 to your prior ruling.

16 I just didn't hear on that -- on that request for

17 clarification. That's why we're here.

18 THE COURT: Oh, I see.

19 All right. I appreciate that.

110520 MS. TAITZ: If -- the only thing that I wanted

21 to -- to state, we all submit on the tentative. There is no

22 problem there. I just wanted to provide Your Honor with an

23 order by another federal judge in regard to the same

24 Plaintiff in a similar proceeding where he repeatedly did not

110525 show up.

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1 This is the second time he is n ot here.

2 THE COURT: Oh, but, Ms. Taitz, you moved to

3 disqualify his lawyer, so you're not now going to make strong

4 arguments that his failure to appear here has consequences.

11:05 5 Let me tell you, when I disqualify a lawyer, I'm

6 going to grant them a little bit of leniency if there is a

7 court appearance required a few days later.

8 MS. TAITZ: Oh, I understand, Your Honor.

9 I just wan ted to let you know wha t ensued in that

110610 case --

11 THE COURT: Let me ask, how is that relevant to

12 wha t we 're doing here today?

13 MS. TAITZ: If I might get just one minute.

14 THE COURT: You know, I occasionally give you these

110615 "one minutes" and t hen five minutes later I find t ha t we're

16 not really addressing what's before us; but I'll give you one

17 minute and we 'll see if it's relevant to anything n ow pending

18 before this court.

19 Go ahead.

1106 20 MS. TAITZ: It was a similar case.

21 I do have an o rd er by Judge Jack in Texas wh e r e he

22 similarly fo rc ed signature of another attorney.

23 He didn't show up a couple times; there was an

24 o rd er of contempt. He didn't show up; there wa s an order for

1106 25 his arrest. He went on the run. Fir st to Canada,

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1 later to Mexico.

2 Mr. Lincoln has a trustee by the name of

3 Peyton Freeman, and Mr. Freeman was apprehended on US/Canada

4 border with a book on the Unabomber and -- who made a

11:07 5 statement, "domestic terrorist is boarding a plane to

6 Texas" -- excuse me -- "to Mexico, where he was arrested,

7 extradited to US, was incarcerated here in California and

8 extradited to Texas here again."

9 Mr. Lincoln has filed his complaint pro se. He

110710 filed it a year after

11 THE COURT: Okay. So your minute is up, I've

12 listened to what you've said, and therefore I should --

13 MS. TAITZ: If you would consider requesting -- in

14 light of the fact that he has tendency to run, if you would

110715 consider requesting that the plaintiff post a bond before he

16 files any further --

17 THE COURT: If you want that, I hate to say it, but

18 you'd have to do it by a motion.

19 Surely you don't think that here, without him

110720 present, me having recently -- I shouldn't say I

21 "disqualified" his lawyer. I did not grant him pro hac vice.

22 I did not grant his pro hac vice request, so I don't believe

23 there's anything pending.

24 I would only do that on filing of a motion.

1108 25 At this point, based on what you've said, I would

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1 not be inclined to do it.

2 Anything further?

3 MS. TAITZ: One other

4 THE COURT: My goodness, we're here on your motions

11:08 5 to strike, which are denied. We do not have the plaintiff

6 represented.

7 I think you just said a moment ago "one other" and

8 we got the "one other," so I think we're concluded here.

9 MS. TAITZ: Okay.

11:08 10 THE COURT: Thank you.

11 The tentative will be the ruling of the court.

12 MS. HARWOOD: Thank you, Your Honor.

13 (End of proceedings.)

14 ***
15 Certificate

16 I hereby certify that the foregoing is a true and

17 correct transcript of the stenographically recorded

18 proceedings in the above matter.

19 Fees charged for this transcript, less any circuit

20 fee reduction and/or deposit, are in conformance with the

21 regulations of the judicial conference of the United States.

22 ~~
DENISE PADDo ; RMR, CRR, CSR 10199
04/06/2011
DATE
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UNITED STATES DISTRICT COURT