washington v. william morris endeavor ent. et al. (11-3576) -- appellant's emergency motion to...

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Thurgood Marshall US Courthouse 40 Foley Square New York NY 10007 Telephone 212-857-8500

MOTION INFORMATION STATEMENT

Docket Nnmber(s) -1-1~-=-3=-576=---C-V---___________________---=Ca=zpti=middoto=n[=us=e--shoort-ttmiddot~=----_~-_____

Motion for Emergency Motion For An Expedited Appeal Washington v William M~s Eruieavor -- -i1 t

Entertainment bLCet al- Set forth below precise complete statement ofrelief sought -

--- --bull Granting an expedited appeal to reverse the harmfully

erroneous and biased decision of Hon Castel compelling

this case - which challenges insidious and institutional

racism in the American workolace - into arbitration

MOVING PARTY Mr Marcus Isaiah Washington OPPOSING PARTY William Morris Endeavor Ent LLC It] Plaintiff 0 Defendant It] AppellanUPetitioner 0 AppelleeRespondent

MOVING A TTORIfEY Mr Marcus Isaiah Washington (pro se) OPPOSING ATTORNEY Mr Michael amp Christian Carbone ------=----------shy[name ofattorney with firm address phone number and e-mail) 54 Boerum St Apt 6M Loeb amp Loeb LLC Brooklyn NY 11206 345 Park Avenue 18th Floor ~6~46~-~5~04~-~64~9~7____~~~~______________--~N~e~w~Y~0~r~k~N~y~=o~IS~------------------------humanrightsareamustgmailcom 212-407 -4000

Court-JudgeAgency appealed from Southern District ofNew York Hon P Kevin Castel

Please cbeck appropriate boxes FOR EMERGENCY MOTIONS MOTIONS FOR STAYS AND INJUNCTIONS PENDING APPEAL

Has movant notified opposing counsel (required by Local Rule 271) Has request for relief been made below I] Yes D No Dyes EI No (explain) All parties are not represented Has this relief been previously sought in this Court D Yes I] No

by counseL Requested return date and explanation ofemergency Requested date Opposing counsels position on motion

D Unopposed Dopposed I]Dont Know would be no later than Oct 17 2011 - the original date Does opposing counsel intend to file a response

DYes DNo I]DontKnow scheduled for me to submit my brief

Is oral argument on motion requested DYes IZl No (requests for oral argument will not necessarily be granted)

Has argument date of appeal been set D Yes I] No If yes enter

Date ~==_____ Has service been effected I] Yes D No [Attach proofofservice)

ORDER

IT IS HEREBY ORDERED THAT the motion is GRANTED DENIED

FOR THE COURT CATHERINE OHAGAN WOLFE Clerk of Court

Dare _______________________________ By ______________________________________

Form T-l080

Case 11-3576 Document 17 09282011 405267 21

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

-----------------------------------------------------J( WASHINGTON

11-3576-CV Appellant

v AFFIRMATION OF APPELLANTS

EMERGENCY MOTION FOR AN

WILUAM MORRIS ENnEAVOR E1CPEDITED APPEAL AND REQUEST

ENTERTAINMENT LLC etal FOR THE DISQUAliFICATION OF

HON P KEVIN CASTEL AND HON

JAMES C FRANCIS PURSUANT TO28

Appellees USc 455 AND 2106

-----------------------------------------------------J(

I Marcus 1 Washington affirm under penalty ofperjury that

f

1 I Marcus I Washington am the Appellant in the above entided action and respectfullysubmit ~s affirmation to the motion dated September 28 2011 made by myself asking that the court ofder the

following relief grant an expedited appeal due to the deliberately harmful error of Hon Castel granting

the Appellees request to compel this important civil rights case into arbitration Also seeking the

acknowledgement of my request to have Hon Castel and Hon Francis disqualified pursuant to 28 USc

455 and 2106

2 I have personal knowledge of facts which bear on this motion because as a former employee of

William Moms Endeavor Entertainment I am a victim of their discriminatory practices policies and

procedures

3 The motion should be granted because (1) I am likely to succeed on appeal due to Hon Castels

decision to ignore arguments raised in defense of the arbitration agreements unconscionable provisions

resulting in an omission of relevant facts and misapplication of the prevailing law (2) there is a public

interest that this case stay in the federal court to combat insidious and institutional racism in the

American workplace in addition to addressing Hollywoods cabal-like practices which continue to

perpetuate racism in America and (3) further delay will cause irreparable harm due to my economic

hardships health and other circumstances

4 Attached hereto as Exhibit A is a true and correct copy of the letter submitted to Hon Castel

requesting an expedited ruling filed in this action on or aboutJuly 10 2011

5 Attached hereto as Exhibit B is a true and correct copy of the Final Notices from Sallie Mae recClved

for defaulting on student loans on or about July 15 2011 and July 182011

Case 11-3576 Document 17 Page 2 09282011 405267 21

6 Attached hereto as Exhibit C is a true and correct copy of the numerous medical records detailing

my visits with pbysicians and specialists concerning my stress related gastrointestinal and urinary ailments which manifested physically while working in William Moms discriminatory work environment Spanning from January 11 2009 to April30 2010

7 Attached hereto as Exhibit D is a true and correct copy of NYUs Thirteenth Annual Workshop Employment Law for Federal Judge panel brochure held on or around March 17-182010 Hon Castel and Hon Francis were featured speakers

8 Attached hereto as Exhibit E is a true and correct copy of the American Conference Institutes

Premier Forum on Defending and Managing Employment Discrimination Litigation brochure held on or about February 25-26 2010 Hon Francis was a featured speaker

9 In view of the foregoing it is respectfully submitted that the motion should be denied

I declare under penalty ofperjury that the foregoing is true and correct

Dated New York New York Respectfully submitted

September 28 2011

By $~~Q~~~~ Marcus L Washington

54 Boerum St Apt 6M

Brooklyn NY 11206

(646) 504-6497

humanrightsareamustgmaiLcom


Exhibit A


By Hand

June 102011

Hon P Kevin Castel

Uttited States District Judge Daniel Patrick Moynilwt United States Courthouse 500 Pead Street New Yod NY 10007-1312

Re Wash1ogton v William Mortis Endeavor Entertainment uc et al 10 Civ 9647 (PKC)

DeuJudge Castel

On AprilS 2011 the Defendants (collec1ivdy WMEj in the above referenced matter filed their final motion in hopes ofcompellingme into ubitrtrioo andor to dismiss my complaint pwsuant to the Fedeml Arbitmtion Act of 1925 After two months without a ruliog I am now writing to you to tequest an expedited tu1ing on this matter so that this case can proceed with the hopes ofreaching a resolution in a timely manner Due to my ecoooolic 3t1d tinanciaI circumstances as a result ofbeing unemployed for more than a Yeu time becomes more ~ because the future ofmy Jivclihood is dependent JargeJy on the outcome of this case

Aside from the blanket statement that my motion was filled with outtageous seJf-cootmdictoty and utterly unsubstantiated allegations about WME and its employees the Defendants failed to disprove any of the pertinent facts presented in my opp~motion including the main argument a pre-emring disparate impact and systemic dispatate treatment towards African Americans and other minotities existed and could be emblished pnorto me signing the arbitrAtion agreement given the companys 113 year pattern and practice of disctimination Nor could they counter the case Jaw which statistically establi$hes that a prillJafoci inference of discriminatioD can be made based OIl the Courts concept of the inexouble zero Inti BM Qflmntfpoundsect v United States 431 US 339 (1977) (citations omitted) ampmer] Ciq offIarvey No 95 C 3316 1998 WI 664951 (ND Ill Sept 18 1998) Qrtiz-Del YaDe y Nihil Basketball ampSg 42 F Supp 2d 33 (SDNY 1999) ~ v HewJctt-PmN Companf 34 F Supp 2d 809 (EDNY 1999) ~ ama Ewiog v Cog COla BoEtting Cgbull No 00 CIV 702O(CM) 2001 WI 767070 (SDNY Jnne 25 2(01) For these reasons and JllOle I am IUlking in my oppositiODal motion that the disctimislation provision in WMEs atbitmtion agreements be declared unconscionable

Its been over a year since I filed my ficst complaint With the EEOC To this day WME hasnt had to

respond to these serious and unlawful claims This is very petpbinggiven the substantialamount ofhistotiaI statistical anecdotal cittumstanrial and other types ofevidence presented in my compJamt and oppo3itional motion I cant make these things up even if I want to This demonmates the extent to whicll WME bas fIagtantly violated the Jawand one could even make the argument that this is a form ofcriminal activity In the introduction to Oliver C Coxs Race A StmJ iN SmiAI~ (2000) Adolph Reed wrires that racism is not an affIictionNor is it II thing that can act on its awn it exists only as it is reproduced in specific social ~ts in specific


Hoo P Kevin Castel February 11 2011

Pqe2

societies under historicaJly specific conditioos of law state and class powerfl Given the systemic nature of tacism the courts can 110 longer enable employers to supersede federal state and city civil and human rights laws by

compelling future employees into mandatory atbittation specifically Oil issues of ltdiscriminati What incentive do these employers have to complf with the civil and bmnan rights laws As demoostrated by WME there is no incentive and until companies are held accountrIb1e for their actions the cycle will only continue

Within the last year it has come to my attention that tna1ly employees including potential by witnesses have exited the company andor have moved out of the state (mdud1ng 1 Foster [the only other African American employed at the time ofmy employment] Cam Stein [COO of the New York office] and Mike Gorski [the most integcU employee within the IT departmentD This will create additional batrien for me during discovery and to reduce furtbec disruption and delay on resolving this matter I am aslcing for an expedited ruling Oil this motion This is 11 critical time fur our nation and at the heart ofthe problem is the issue ofmce Please understlUld and adtnowledge the ~uce of the evidence Im presenting and allow the case to proceed in the federal court

I thank the Court for its consideration ofthis man~r

Respectfully submitted

~~-Jcf( fJ~~ Mattus L Washington 54 Boenun 51 Apt 6M Brooklyn NY t 1206 (646) 504-6497 bJunamightsisamustgmaiLcom

cc Me Michael P Zweig (Loeb amp LoebllP) (Via Hand Delivety)


UNITED STATES DlSTRlCT COURT SOUTHERN DISTRlCT OF NEW YORK

- against ~ AFFIRMATION OF SERVICE

Wilvttt M6VV1s ~~~I UCj ~ ~ 4 amp w Ii NtJVmiddotJI$ ~1 t Pff M~~ Yl4 ~Wt~b

t M~JI ~i declare under penalty of perjury that 1 have (name)

served a copy of the attached bull fr ~ ~fI ~~ tA 4Il)C~ vl~ JI4 fshy(document yo are serving)

upon ----l ~ts Jtt= fty~J--~t~J----------_ whose address is (1Ifl1ll~served)

--N_ew_lcF ~f_--~ (tOWrctry) (stale) tt- CQ ~-

Sign II0tH1e ~20Jl

(month) (day) (year)

ZipCOik

-1 -So~~n

Rn OJZOO


Exhibit B


Hair 220 Lasley Ave Wilkes-Barre PA 18706

1658 July 152011 Marcus Washington 54 Boerum St Apt 6M Account Number 9412785418 Brooklyn NY 11206-2426 LoanID(s) to 14 17 18

FINAL NOTICE Dear Marcus Washington

One or more of your private student loans is now seriously past due and is in jeopardy of being written off as bad debt

If your student loan defaults

bull You will be required to repay tbe entire balance of your loan rather than just the monthly payments that you have missed

bull Your loan may be assigned to a collection agency for additional collection efforts and bull Your default will be reported to all Consumer Credit Reporting Agencies and will stay on your

credit report for up to seven years

Wed prefer to work directly with you to resolve yOUI account However we will not hesitate to consider these and other collection options if acceptable payment arrangements are not made before July 29 2011

The fastest way to make a payment is by phone so call a Sallie Maereg account manager today at 1middot877middot926-4502 for assistance Our hours of operation are 8 am to 9 pm ET Monday - Friday and 8 am to 12 pm ETon Saturday

Sincerely

Sallie Mae Collections

PS This is also your last opportunity to request to settle your eligible loans before defaulting With a settlement you pay only a portion of your outstanding balance Call to discuss at 1-877-926-4502

220071511

This communication is an atternpt to ronect a debt and any information obtained win be used for that purpose


Preserve your credit and financial future with one phone call

1660

Marcus Washington 54 Boerum St Apt 6m Brooklyn NY 11206~2426

July 18 2011 Account 9412785418

Dear Marcus Washington

The delinquency on one or more of your Sallie Mae private loan(s) has reached a critical point Your loan(s) are in jeopardy of default You can avoid this with one phone call

You are eligible for payment relief through our forbearance program Call 1-800-891-5476 by July 292011

Forbearance will allow you to avoid default and resolve your past due status without having to pay your past due balance immediately This program can give you the time you need to secure stable employment and income and protect your future

If you allow the loan to default it may be reported as such to the credit reporting agencies for several years This may severely impact your ability to gain employment obtain credit to purchase an automobile home or other items prevent you from leasing a place to live impact the rates that you pay for insurance and cause you to be denied for a cellular plan or utility Interest will continue to accrue collection efforts will continue and paying later will not remove the default from your credit file

We can help you avoid this but in order to do so we must speak with you to gather some information and provide you with important details about the terms of your particular forbearance program You can help preserve your bright future with one phone call

Take advantage of this opportunity today by calling 1-800-891-5476

Sincerely

Joe Sbriglia Vice President Sallie Mae 985071811


Exhibit C


i IVrLn~l lIdkr hl i) - ~l ~IH SIJ(1

-1 Fiun 1i~VI 1 11 1 Y i 00 1(j

1Z(77fmiddot pholl il -middotnmiddot 11 hI

4 tfrtshyDc~(rJ1Jll~4d--_1d~O-rd1 Your recenl labs orc within normal iimils If you H(luld lile (l discus them

in detail please make an appointment to see me


Saint Vincent Comprehensive Cancer Center 1461057 teo 000441355609325 West 15th bull New Vork NY 10011 WASHIIiGTON MARCUS 24 M

AMBULATORY SURGERY UNIT SCIIIMRTZ AUlWIDER 0921191

EDUCATION FOR SELFooCARE AFTER SURGERY

DATE URGICAL PROCEDURE

~ Locel with IV sedation 0 Local

If you racetved anesthesia you may experfance dizziness nausea amp vomiting headache drowsinesS muscle aches and 80re throat

For 24 hrs after recelYJng anestheala bull you should not

Engage in activities that require coordination and ability to respond qufckIy (driving motor vehicles riding a blcycfe)

Consume aIcohoIk beverages

lift heavy objects or perfonn heavy work bull

Operate machinery powertoofs or handle dangerous Items (hot grease boRing water smoking sharp Items)

bull Sign any legally binding documents H you rec8tved general ~ you may experience a sore throat for the first 24 hours following surgery This is

due to a breathing tube placed during the surgery Immediately call your doctor if you have ~ breathing

swaIIowgR or have swelling ate throat

DIETARY ConstIpation Is a common side effacl with many narcotic pain medications 80 Increase the fluids and fiber

In your diet A fiber diet inclUdes wheat bread graham crackers brownnee raw fruit ampvegetables and soup

o Regular I Normal Diet ~ liquids (apple juica jeIfo ginger ale) to light foods (soup bouillion) then

advangtna to regular diet as tolerated

MEDICATION Medication reconciliation reviewed with the patient and or escort Use TYlENOL only or your pain presctiption as directed _h_______________

Time amp Dose last pain medication was given __________________

Narcotic prescriptions can cause nausea It may be best to take with food

bull Do not chik alcohol or drive while you are taking narcotic pain medication 00 not take aspirin or 8spirirl by-products for 7 days after surgery

Resume your daily prescr1pt1on medication schedulebull Consutt xgur doctor when to resuma bloodthinnl medications ( MA Aleve Motrln AdvH CoumadinCavlx Vitamin

BATHING ampWOUND CARE It Is normal to experieneamp mlnimaf swelling bteeding and bruising at the surgery area

Your incisfon may be COvered with a ctear water resistant dressing o To aIIevi8te the pain use ice pact (20 minutes on amp 20 minUtes off) for 24 hours only

l Ho bath or 5Wimming for a week 0 No restriction on bath or shower Shower 24 hours after surgery ( No direct water spray at your InCleion slta when showering )

Ifyou havea press dressing remove It in 24 hours and then you y shower- Specific Instructions

or Rash develops after taking pain medication Exceuive bleeding (bright red bleeding saturating

You have persistent nausea amp vomltfng the dressing completely) Apply pressure and elevate If pc

You have no Nllef from your pain medication Redness awelUng with a foul odor drainage or a fever of

FOLLOW UP APPOINTMENT call n5 office ampconfirm foIlowu

IN CASE OF EMERGENCY

101 degrees 36 - hours after SUIU mon

room or dial 911

DATE amp TIME --+----I---~r-


Peter M Distler MD P LLC 3 East 83~ Street New York NY le028 (112) 7l4-3444

Discharge I~ Sedative medications given for procedu can slow your reaction time and coordination for many hours If you receive mediations it is Important for your safety to foRow the Instructions tor the remainder of tile day

bull 8E TAKEN directly home from the office and rest quietly DO NOT resume norma activities until tomorrow

bull DO NOT driveretums to work Of operate any machinery or power toolS bull DO NOT make any Important personal or business dedsions sign any legal papers or

perform any activity that depends on your futl concentrating power or mental judgment bull DO NOT drink any alcohLraquo or take nerve or sleeping pJJl drugs They add to the effects of

the medicine stH1 present in your body ~If a treatment is performed during the procedure there is a slight risk of bleeding If you receive treatment we sU9llest that you follow the instruction below

bull DO NOT take aspirin or simiJar anti-inflammatory medicines for 7 days bull DO NOT exercise jog or do any heavy lifting or straining for 3 days

Agt I For eoaobOsectPY I

Potential common effeds and treatments following the procedure bull Mild abdomina pain bloating or excessive gas- rett eat lightly and use a heating pad bull Redness andor sweUing where the IV was - apply heat and elevate

Symptoms to report to Dr _~____________ bull severe abdominal pain or bloating bull Chills or fever about 101 degrees occumng within 24 hours after the procedure bull large amounts of rectal bleeding that does not stop Small amounts of rectal bleeding is

not serious especially if hemorrhoids are present bull Unable to keep down food or drink bull IV site stays red or swollen for more then 2 days

I Potentia common effects and treatments following the procedure

bull Mild sore throat- treat with throat wzenges and gargle with warm salt water bull Redness andor $Welting where IV was~ apply and elevate bull MUd abdominal pain or~ing- rest eat lightly and use a heating pad

~mptoms to report to Drbull __ _IIJ~5iI-A~~ ~________ bull Severe sore throat or inabiflty to swallow andor eat usual diet bull Severe continuing abdominal pain or bloating bull Pain in chest or back bull Swelling to the neck area bull ChUls or fever above 101 degrees occurring within 24 hDUrs after the procedure bull N site stays red or swollen for more than 2 days bull Persistent black bowel movements ( may indicate bidden blood)

bull I have read and understand the a

Patient or Patient Rep SignatureLA~Jt~==-1lWJ_-


-------------------------------

Peter DistlerMDPLLC PeterMDistler MD 3 East 83rd Street Joseph ANashMD New Yolk NY 10028 (212134-3444

PATIENT INSTRUcnON FOR COLONOSCOPY

Dear Patient 7-fcc~~_yotonoscopy is scheduled for 11ti 1 I(P i )(j-PshyAt SO ampm at --_--I-~~l_-=--=---=-

St Lukes Hospital ROOMVelt Hospital omu 1111 Amsterdam Ave 1000 Tenth Ave 3 East 83 St At 114111 Street at West 59 Street NYNY 10028 Ambulatory Surgery Ambulatory Surgery

Day before the test J

bull You should ingest a clear liquid diet suggested foods include apple juice Cranberry juict JeUmiddotO chicken broth any kind ofsoda tea or coffee without milk Drink one cup ofliquid every balf-hour from till midnight (NO orange juice dairy products solid foods)

(Xff7~~jg~upound~~~~=~~~=~~ with 12 ounces ofGinger Ale Remain close to the toilet facilities

O__d Regimen 5 pnI take 4 Osmoprep tablets every lLminutes with at least 8 ounces ofclear~liq til theremaining 12 tablets have 00eii consumed Take the last dose of

OSlDoprep with 12 ounces ofGinier Ale Remain close to the toilet facilities

bull Do NOT drink or eat anything after midnight bull Do not take aspirin iron vitamin R or non-steroidal anti-inflammatory pills for bull

Zdats~foreyourtest YoumayhaV~ AiD 1v1( tJhVI fyenfrtlY1S

bull Notify your doctor immediately ifyou are~4king any blood thinning medications or medications that affect blood c g and medications for diabetes

( Make arrangements for someone to escort you home The sedation will not allow you to ) drive for t2 hoursshy

You take your heart andor blood pre~edication the morning ofyour test with a small sip ofwater (at least 2 hours befo~u are scheduled to arrive for the procedure)

Ifyou have any questiou please ~J4~


Statement 090110 Page 1 PARK NEST RADIOLOGY PC Oper LB 315 57TH ST SUITE LL4 NEW YORKNY 10019 IRS 133143253

Tel 212-684-6605

WASHINGTON MARCUS Acct 10008624-1 BM 54 BaHRUM ST ~ WASHINGTON MARCUS APT 6M BRooKLYNNY 11206

Ins1 GREAT-WEST HEALTHCARB 101092359

Date Code Description Ot Diag Pry Ref AR Plc Amt Bal lt - - - -lt~ -- ~- - cent - - - - bullbull - ltgt - - -------------------~-------------------------------------------------------------

Balance up to 043010 000 043010 70551 MAGNETIC RESONANCE INA 1 340 1 28 HM 0 105000 160

A10579205 060410 INCK INSURANCE CHECK -59940

GWHC eK 75978595 060410 COIN APPLIED TO COI1fiSfJ1R1iNCB 666fJ 000 060410 WONG WRITE OFF MANAGED CARE -38400 072710 CARD CREDIT CARD CHARGE -5000

VISA 1928APPR 100273 043010 74181 MRI ABDOMEN WITHOUT C 1 78900 5 28 RM 0 105000

AI0554656 060410 INCK INSURANCE CHECK -41299

GWHC eK 75979029 060410 COIN APPLIJiID TOceX~B 171 0 000 060410 tIONtJ WRITE OFF MANAGED CARE -46001

Regular Balance $

Previous Total 19360 Todays To Date Charges 000 210000 Payments 000 -106239 Adjustments 000 -84401

Providers 1 - LOUIE WILLIAM lID 5 - KASHANIAN FARZAM MD

Refer~al Physicians 28 - ADLER MD LAWRENCE A

PpoundJiNJII~cvU ADDITXONAli PAYMBNT ON OUTSTANDINGBALANCB ro AVOID lATBPBBS ~fOU


E ibit D


THIRTEENTH ANNUAL NYU WORKSHOP

Employment Law for Federal Judges 2010M

N PARTNERSHIP WITH NYU LAWS DWIGHT D

Opperman Institute of Judicial Administration and the Federal Judicial center the Center for Labor and Employment Law gathered judicial speakers and atshy

tendees practicing attorneys and several academics in NYUs Pollack Colloquium for the 13th Annual NYU Workshop on Employment Law for Federal Judges on March 17-19 2010 Among the most highly-rated programs on the FJCs calendar the 2010 workshop was extended from a two-day format to a three-day program Forty-seven judges from 36 federal district courts and one federal circuit court attended

Professor Theodore Eisenberg (Cornell Law) and Professor Richard A Nagareda (Vanderbilt Law)

Evidence Hon John G Koeltl (US District Court for the Southern District of New York) Laura S Schnell (Eisenberg amp Schnell) Professor Paul Secunda (Marquette University Law) Robert Whitman (Seyfarth Shaw)

Short I)rim1 on StaUs1ttcs for Juoes Professor Stephen Choi (NYU Law)

Hon P Kevin Castel (US District Court for the Southern District of New York) Laurie Berkeweiss (Berke-Weiss amp Pechman) Jeffrey S Klein (Weil Gotshal amp Manges)

MematlOlm Dos Donts Hon celeste Bremer (Magistrate Judge us District

Court for the Southern District of Iowa) Hon Karen Klein (Magistrate Judge US District Court for the District of North Dakota) Marpret Shaw (JAMS) Donna Malin (Johnson amp

Johnson)

Class and Actions Zachary D Fasman (Paul Hastings) Adam Klein (Outten amp Golden)

Sex

Hon Laura Taylor SWain (Us District Court for the Southern District of New York) Terri L Chase (Jones Day) Anne VWadeck (Vladeck Waldman Elias amp Engelhard)

Hon John Gleeson (Us District Court for the Eastern District of New York) Jonathan Ben-Asher (Ritz Clark amp Ben-Asher)

Michael I Bernstein (Bond Schoeneck amp King)

111lt01 Discovery Hon James C Francis IV (Magistrate Judge US District Court for the Southern District of New York) Theodore O

Rogers Jr (Sullivan amp cromwell) Pearl Zuchlewski (Kraus amp Zuchlewski)

The Workshop was extendedbullbullbull to a three-day program and included forty-seven judges from thirty-six federal district courts and one federal circuit court

Imll3ct Affirmative Action Hon Nancy Gertner (Us District (ourt for the District of Massachusetts) Mindy G Farber (Farber Legal) Gary R Siniscalco (Orrick Herrington amp Sutcliffe)

Rctct10I1sect to

Lee Bantle (Bantle amp Levy ) Preston L Pugh (Pugh Jones Johnson amp Quandt pe) Professor David sherwyn (Cornell University)

The highlights of the 2010 Workshop included a well received mock hearing on the Trade Secrets case presided over by Judge Kevin Castel and argued by Laurie BerkeshyWeiss and Jeffrey Klein and an introduction to the use of statistics in employment cases provided by Professor Stephen (hoi of NYU Lawbull


Exhibit E


HQI1DollettaW Ambrose us DistCtWD Jla

riiI Hon John C CoughenourWWmiddot US Dist Ct WPWash

Hon ErleF Melgren bull US Dist CtDKzt

Hon James L Rob~middot bull bull USmiddotDist Ct~ WpWash

aonmiddotRoslyn 0 Silver US Dist C~ D Ariz

bullH00bull 5 M Jr aubulltlmiddotceHiCks bull US Pist Ct WD La

Hon Matthew F Kennelly us DistCt ND Ill

Han William TLawrence US Di~t Ct SDInd

Hon Jack Zouhary US Dist CtND Ohio

Media Partner

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raquo The surge in high-exposure retaliation claims Getting them dismissed via dispositive motion andor minimizing their jury appeal

raquo Countering age discrimination claims under ADEA as a result of individual adverse actions and in the context ofreductions in IUcce

) Special issues in gendersex discrimination Defending against pay and compensation discrimination suits and the latest sexual orientationgender identity claims

raquo The rise in sexual har1ssment claims Minimizing conduct or showing that it had no effect on the discriminatee

)) Ensuring that evidence doesnt overwhelm the defenses case on the merits ~laquoMe Too discriminatory motive mixed motive witness credibility and turnover

raquo Procedural strategies for winning employment discrimination cases Spotlight on removal and summary judgment

raquo Mediation and arbitration ofdiscrimination claims Strategies and techniques fur engaWng in successfUl alternative dispute resolutions

raquo Oass actions considerations Certification settlement and more

) Jury communication and advocacy Humanizing the employer and overcoming ~ympathy for plaintiffi and bias against companies

Exhibitor

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Hon Anthony J Battagl~ Us DiliE Ct SoD Calif

Hon Arthur Boylan

bull US~DistCtbull DMian

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Register Now bull 888-224-2480 bull AmericanConferencecomDiscrimination


------------------------------------

The volume of employment discrimination litigation has greatly increased The cases are complex and the stakes involved for defendants are exceptionally high The best plaintiff attorneys are involved in these cases and the defense bar is seeing more and more class actions and collective claims But in defending and managing these complex daims counselfor managementface a distinct uphill battle including

bull Overly-aggressive tactics and even abusive practices by opposing counsel that have made the defense of cases significantly more expensive adding exposure to employers

bull Containment of defense costs particularly when email and e-discovery has substantially changed the playing field and the all toO often occurrence ofearly settlement ofan unmeritorious claim to avoid defense costs

bull Negotiating unlavorable facts that that could have been easily corrected by prior planning and better written and comprehensive documentation

Credibility of company and management witnesses in front of the jury and turnover in the workplace leading to key wirnesses or decision makers being no longer with the employer

bull Frivolous claims and the unlevel economic playing field between plaintiff and defense counsel

Juror attitudes and psychology

New legislation overturning Supreme Court decisions

bull Difficult summary judgment standards for these types of cases

bull Varying extremes in jurisdictions (eg federal or state liberal or conservative state)

As a result of tnis upnill battle there is simply no room for error in the defense of these claims In response American Conference Institute is proud to introduce the essential advanced defense forum that will shape the foture ofempkJyment discrimination strategies for leading litigator and in-house counsel Defending and Managing EMPLOYMENT DISCRIMINATION UTIGATION Through a distinguished laculty of 37 in-house counsel the top outside defense counsel as well as 23 renowned jurists this conference will provide even the most seasoned litigators with clarity and certainty with respect to todoys key issues crucial to mounting a rigorous and complete defense

Our employment litigation events including our annual ge amp Hour and EPLJ conferences offer unique oppornmities for in-house counsel 10 gain expertise in evaluating litigation tactics and approaches and providing valuable input to the trial team and for law firm titigators to learn from some of the best in the industry They offer tremendous networking opportunities with senior in-house counsel

Register now by calling 888-224-2480 faxing your registration form to 877-927-1563 or registering online at wwwAmericanConferencecomDiscrimination

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UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

-----------------------------------------------------J( WASHINGTON

11-3576-CV Appellant

v AFFIRMATION OF APPELLANTS

EMERGENCY MOTION FOR AN

WILUAM MORRIS ENnEAVOR E1CPEDITED APPEAL AND REQUEST

ENTERTAINMENT LLC etal FOR THE DISQUAliFICATION OF

HON P KEVIN CASTEL AND HON

JAMES C FRANCIS PURSUANT TO28

Appellees USc 455 AND 2106

-----------------------------------------------------J(

I Marcus 1 Washington affirm under penalty ofperjury that

f

1 I Marcus I Washington am the Appellant in the above entided action and respectfullysubmit ~s affirmation to the motion dated September 28 2011 made by myself asking that the court ofder the

following relief grant an expedited appeal due to the deliberately harmful error of Hon Castel granting

the Appellees request to compel this important civil rights case into arbitration Also seeking the

acknowledgement of my request to have Hon Castel and Hon Francis disqualified pursuant to 28 USc

455 and 2106

2 I have personal knowledge of facts which bear on this motion because as a former employee of

William Moms Endeavor Entertainment I am a victim of their discriminatory practices policies and

procedures

3 The motion should be granted because (1) I am likely to succeed on appeal due to Hon Castels

decision to ignore arguments raised in defense of the arbitration agreements unconscionable provisions

resulting in an omission of relevant facts and misapplication of the prevailing law (2) there is a public

interest that this case stay in the federal court to combat insidious and institutional racism in the

American workplace in addition to addressing Hollywoods cabal-like practices which continue to

perpetuate racism in America and (3) further delay will cause irreparable harm due to my economic

hardships health and other circumstances

4 Attached hereto as Exhibit A is a true and correct copy of the letter submitted to Hon Castel

requesting an expedited ruling filed in this action on or aboutJuly 10 2011

5 Attached hereto as Exhibit B is a true and correct copy of the Final Notices from Sallie Mae recClved

for defaulting on student loans on or about July 15 2011 and July 182011

Case 11-3576 Document 17 09282011 405267 21









September 28 2011


54 Boerum St Apt 6M

Brooklyn NY 11206

(646) 504-6497



Exhibit A


By Hand

June 102011

Hon P Kevin Castel



DeuJudge Castel







Pqe2
















Sign II0tH1e ~20Jl


ZipCOik

-1 -So~~n

Rn OJZOO


Exhibit B












Sincerely



220071511




1660


July 18 2011 Account 9412785418








Sincerely



Exhibit C



-1 Fiun 1i~VI 1 11 1 Y i 00 1(j






































room or dial 911




















-------------------------------


















Tel 212-684-6605










Regular Balance $






E ibit D













Johnson)


Sex








Rctct10I1sect to




Exhibit E











Media Partner













Exhibitor











Hon Arthur Boylan








------------------------------------


























September 28 2011


54 Boerum St Apt 6M

Brooklyn NY 11206

(646) 504-6497


Case 11-3576 Document 17 09282011 405267 21

Exhibit A


By Hand

June 102011

Hon P Kevin Castel



DeuJudge Castel







Pqe2
















Sign II0tH1e ~20Jl


ZipCOik

-1 -So~~n

Rn OJZOO


Exhibit B












Sincerely



220071511




1660


July 18 2011 Account 9412785418








Sincerely



Exhibit C



-1 Fiun 1i~VI 1 11 1 Y i 00 1(j






































room or dial 911




















-------------------------------


















Tel 212-684-6605










Regular Balance $






E ibit D













Johnson)


Sex








Rctct10I1sect to




Exhibit E











Media Partner













Exhibitor











Hon Arthur Boylan








------------------------------------


















Exhibit A

Case 11-3576 Document 17 09282011 405267 21

By Hand

June 102011

Hon P Kevin Castel



DeuJudge Castel







Pqe2
















Sign II0tH1e ~20Jl


ZipCOik

-1 -So~~n

Rn OJZOO


Exhibit B












Sincerely



220071511




1660


July 18 2011 Account 9412785418








Sincerely



Exhibit C



-1 Fiun 1i~VI 1 11 1 Y i 00 1(j






































room or dial 911




















-------------------------------


















Tel 212-684-6605










Regular Balance $






E ibit D













Johnson)


Sex








Rctct10I1sect to




Exhibit E











Media Partner













Exhibitor











Hon Arthur Boylan








------------------------------------


















By Hand

June 102011

Hon P Kevin Castel



DeuJudge Castel





Case 11-3576 Document 17 09282011 405267 21


Pqe2
















Sign II0tH1e ~20Jl


ZipCOik

-1 -So~~n

Rn OJZOO


Exhibit B












Sincerely



220071511




1660


July 18 2011 Account 9412785418








Sincerely



Exhibit C



-1 Fiun 1i~VI 1 11 1 Y i 00 1(j






































room or dial 911




















-------------------------------


















Tel 212-684-6605










Regular Balance $






E ibit D













Johnson)


Sex








Rctct10I1sect to




Exhibit E











Media Partner













Exhibitor











Hon Arthur Boylan








------------------------------------



















Pqe2








Case 11-3576 Document 17 09282011 405267 21








Sign II0tH1e ~20Jl


ZipCOik

-1 -So~~n

Rn OJZOO


Exhibit B












Sincerely



220071511




1660


July 18 2011 Account 9412785418








Sincerely



Exhibit C



-1 Fiun 1i~VI 1 11 1 Y i 00 1(j






































room or dial 911




















-------------------------------


















Tel 212-684-6605










Regular Balance $






E ibit D













Johnson)


Sex








Rctct10I1sect to




Exhibit E











Media Partner













Exhibitor











Hon Arthur Boylan








------------------------------------

























Sign II0tH1e ~20Jl


ZipCOik

-1 -So~~n

Rn OJZOO

Case 11-3576 Document 17 09282011 405267 21

Exhibit B












Sincerely



220071511




1660


July 18 2011 Account 9412785418








Sincerely



Exhibit C



-1 Fiun 1i~VI 1 11 1 Y i 00 1(j






































room or dial 911




















-------------------------------


















Tel 212-684-6605










Regular Balance $






E ibit D













Johnson)


Sex








Rctct10I1sect to




Exhibit E











Media Partner













Exhibitor











Hon Arthur Boylan








------------------------------------


















Exhibit B

Case 11-3576 Document 17 09282011 405267 21











Sincerely



220071511




1660


July 18 2011 Account 9412785418








Sincerely



Exhibit C



-1 Fiun 1i~VI 1 11 1 Y i 00 1(j






































room or dial 911




















-------------------------------


















Tel 212-684-6605










Regular Balance $






E ibit D













Johnson)


Sex








Rctct10I1sect to




Exhibit E











Media Partner













Exhibitor











Hon Arthur Boylan








------------------------------------




























Sincerely



220071511


Case 11-3576 Document 17 09282011 405267 21


1660


July 18 2011 Account 9412785418








Sincerely



Exhibit C



-1 Fiun 1i~VI 1 11 1 Y i 00 1(j






































room or dial 911




















-------------------------------


















Tel 212-684-6605










Regular Balance $






E ibit D













Johnson)


Sex








Rctct10I1sect to




Exhibit E











Media Partner













Exhibitor











Hon Arthur Boylan








------------------------------------



















1660


July 18 2011 Account 9412785418








Sincerely


Case 11-3576 Document 17 09282011 405267 21

Exhibit C



-1 Fiun 1i~VI 1 11 1 Y i 00 1(j






































room or dial 911




















-------------------------------


















Tel 212-684-6605










Regular Balance $






E ibit D













Johnson)


Sex








Rctct10I1sect to




Exhibit E











Media Partner













Exhibitor











Hon Arthur Boylan








------------------------------------


















Exhibit C

Case 11-3576 Document 17 09282011 405267 21


-1 Fiun 1i~VI 1 11 1 Y i 00 1(j






































room or dial 911




















-------------------------------


















Tel 212-684-6605










Regular Balance $






E ibit D













Johnson)


Sex








Rctct10I1sect to




Exhibit E











Media Partner













Exhibitor











Hon Arthur Boylan








------------------------------------



















-1 Fiun 1i~VI 1 11 1 Y i 00 1(j




Case 11-3576 Document 17 09282011 405267 21


































room or dial 911




















-------------------------------


















Tel 212-684-6605










Regular Balance $






E ibit D













Johnson)


Sex








Rctct10I1sect to




Exhibit E











Media Partner













Exhibitor











Hon Arthur Boylan








------------------------------------



















































room or dial 911


Case 11-3576 Document 17 09282011 405267 21


















-------------------------------


















Tel 212-684-6605










Regular Balance $






E ibit D













Johnson)


Sex








Rctct10I1sect to




Exhibit E











Media Partner













Exhibitor











Hon Arthur Boylan








------------------------------------


































Case 11-3576 Document 17 09282011 405267 21

-------------------------------


















Tel 212-684-6605










Regular Balance $






E ibit D













Johnson)


Sex








Rctct10I1sect to




Exhibit E











Media Partner













Exhibitor











Hon Arthur Boylan








------------------------------------


















-------------------------------
















Case 11-3576 Document 17 09282011 405267 21


Tel 212-684-6605










Regular Balance $






E ibit D













Johnson)


Sex








Rctct10I1sect to




Exhibit E











Media Partner













Exhibitor











Hon Arthur Boylan








------------------------------------



















Tel 212-684-6605










Regular Balance $





Case 11-3576 Document 17 09282011 405267 21

E ibit D













Johnson)


Sex








Rctct10I1sect to




Exhibit E











Media Partner













Exhibitor











Hon Arthur Boylan








------------------------------------


















E ibit D

Case 11-3576 Document 17 09282011 405267 21












Johnson)


Sex








Rctct10I1sect to




Exhibit E











Media Partner













Exhibitor











Hon Arthur Boylan








------------------------------------





























Johnson)


Sex








Rctct10I1sect to



Case 11-3576 Document 17 09282011 405267 21

Exhibit E











Media Partner













Exhibitor











Hon Arthur Boylan








------------------------------------


















Exhibit E

Case 11-3576 Document 17 09282011 405267 21










Media Partner













Exhibitor











Hon Arthur Boylan








------------------------------------



























Media Partner













Exhibitor











Hon Arthur Boylan







Case 11-3576 Document 17 09282011 405267 21

------------------------------------


















------------------------------------

















Case 11-3576 Document 17 09282011 405267 21

washington v. william morris endeavor ent. et al. (11-3576) -- appellant's emergency motion to...

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