Case 2:10-cv-09647-PKC-JCF Document 47 Filed 07/01/14 Page 1 of 5 Michaet P. Zweie Partner 345 Park Avenue Direct 212.407.4960 LOEB& New Yore NY 10154 Main’ 2124074000 LOEBue ‘maweig@leb com Via ECF and By Hand July 1, 2014 ‘The Hon. P. Kevin Castel United States District Judge United States District Court 500 Pearl Street New York, NY 10007 Re: Washington v. William Morris Endeavor Entertainment, LLC et al., Case No. 10-9647-PKC Pre-Motion Letter On WME’s Proposed Motion Seeking A Filing Injunction Against Plaintiff Dear Judge Castel: We represent the Defendants in the above-captioned action, and write regarding Defendant William Morris Endeavor Entertainment, LLC's ("WME") proposed motion for a “fling injunctio against Plaintiff Marcus Washington (‘Washington’). WME's motion would ask that the Court enjoin Washington from filing any additional proceedings, lawsuits or other actions, without prior court approval, that relate in any way to the now-decided claims he asserted against WME and its affiiates, as well as the facts and circumstances underlying such claims. The requested injunction would not apply to a procedurally proper motion by Washington to vacate the final arbitration decision issued on June 25, 2014 by the presiding arbitrator, the Hon. Timothy K. Lewis. The injunction is necessitated by Washington's history of vexatious litigation conduct and his recent threats to sue WME, its attorneys, numerous federal judges, the American Arbitration Association (“AAA"), the arbitrator and senior AAA staff. Such a lawsuit would serve no purpose other than to harass those with whom Washington has come into contact in the course of asserting his now-decided claims, Backaround (On December 22, 2010, Washington filed suit in this Court against WME and two of its Human Resources employees. Dkt. No. 2. On July 20, 2011, this Court granted WME’s motion to compel arbitration and stay this action. Dkt. No. 18. Washington appealed unsuccessfully to the Second Circuit. The Second Circuit dismissed Washington's appeal on December 23, 2011 ‘On June 6, 2012, the Second Circuit issued a Notice of Non-Jurisdiction, in response to numerous additional filings by Washington. Washington filed a Demand for Arbitration on June 15, 2012. He then embarked on a multi-year course of misconduct that included: Los Angeles NewYork Chicago Nashuile Washington, OC Beijing Ny1263405.2 weapons 058426-10022Case 2:10-cv-09647-PKC-JCF Document 47 Filed 07/01/14 Page 2 of 5 a ‘The Hon. P. Kevin Caste! daly 1, 2018 Page 2 + Repeatedly accusing WME and its attorneys, Loeb & Loeb ("Loeb"), of being part of a century-long conspiracy amongst Jews and whites to keep African-Americans out of Hollywood. His pernicious conspiracy theory, borne of anti-Semitism and racism, was and is a consistent theme throughout Washington's filings; + Disparaging WME, the AAA, and Loeb and its attorneys, to the media and on his blog, repeatedly accusing them of criminal acts, and accusing the judiciary and the arbitrators of corruption. ‘+ Defaming the undersigned lead counsel for WME in a mass emailing sent to members of @ prominent local bar association, the Federal Bar Council; and ‘+ Writing emails to dozens of Loeb partners having no involvement with the case. In letters to federal judges having no involvement in this case, Washington made similar accusations. On April 20, 2012, he sent a letter to the Hon. Loretta A. Preska, accusing this Court and the Second Circuit of being “corrupt and unethical.” In a January 24, 2014 letter to the Hon. Robert P. Patterson, Jr., Washington wrote: [YJou, as well as P. Kevin Castel, have violated numerous canons under the Judicial Code of Conduct. Nothing about your actions constitutes ‘good Behaviour’ and you, as well as Castel, should be impeached by Congress immediately. Although you are 90 years old, you will also be held accountable for conspiring to eviscerate the substantive strength of this nation’s civil and human rights laws. Now that our nation approaches the 50 year anniversary of the Civil Rights Act of 1964's passage, itis time for global white Jewish’ supremacy (racism) to finally be eradicated. Following the appointment of the Hon. Timothy K. Lewis as arbitrator’, by mutual selection of the parties in February 2014, Washington's conduct grew even more obstreperous and disruptive. Washington persisted in writing blog posts about the arbitration, resulting in the arbitrator issuing an order finding Washington in contempt. Washington accused Arbitrator Lewis, the AAA and WME's attorneys of criminal conduct, and threatened to sue them and threatened to file fraudulent commercial liens against ‘all parties involved! if he did not succeed in his threatened lawsuit, Washington's rambling letters to this Court on or about November 21, 2013, February 28, 2014 (Dkt. No. 33), March 13 (Dkt. No. 39) and March 28 (Dkt. No. 44) are already part of the record. In these letters he accused WME and its counsel of criminal conduct, and questioned the capacity of “two white male federal judges" to decide a case “challenging the William Morris Agency's ... century-plus conspiracy to not only maintain its discriminatory, predominately all- white/ Jewish’ workforce, but to also help maintain institutional racism throughout society and the world.” Dkt. No. 44. * arbitrator Lewis is a former District Court Judge (W.D. Pa.) and Judge on the Court of Appeals for the Third Circuit. He replaced David L. Gregory as arbitrator in February 2014. The AAA disqualified and removed Arbitrator Gregory pursuant to AAA Employment Rule 16. Ny1283408 2 058426-10022Case 2:10-cv-09647-PKC-JCF Document 47 Filed 07/01/14 Page 3 of 5 am ‘The Hon, P. Kevin Caste! uly 1, 2014 Page 3 In his November 21, 2013 letter, Washington threatened to file fraudulent liens against your Honor and “the other predominantly all-White/Jewish officers” who have offended him in the last three years. Washington informed your Honor: Due to the fact that you intentionally denied me due process and equal protection under the law, your actions fall more into the category of ‘high crimes and misdemeanors’ and you should be impeached for intentionally trying to prevent an impartial jury from deciding this landmark human rights and antitrust case. As a result, if the corruption and fraud continues ... / will be left with no choice but to begin the process of filing a commercial lien against you and the other predominantly all-White/Jewish’ officers that have ... violated my constitutional and God-given rights over the last three years[.] (emphasis supplied). ‘Washington's vexatious conduct and refusal to participate in the arbitration proceedings in good faith resulted in the June 25, 2014 dismissal of his claims on the merits and with prejudice, and an award to WME in the amount of $43,707.60. Exhibit A. (WME will soon be moving to confirm this final arbitration order, in accordance with the Court's Order dated March 7, 2014,) In his decision and award, Judge Lewis ruled that: ‘+ Washington failed to prosecute his claims in good faith, despite being given many opportunities to do so, and had in fact demanded that the arbitration be closed and the case dismissed, because (in Washington's own words) he "[could] not and will ot continue litigating this case any further under the jurisdiction and supervision of the American Arbitration Association.” Order at 7 (quoting Washington's March 5, 2014 letter to your Honor). + Washington's behavior ‘has single-handedly prevented this arbitration from moving forward.” * Washington repeatedly violated the Confidentiality Order entered by Arbitrator Lewis, including by writing about the case on his blog even after Arbitrator Lewis held him in contempt for that very same conduct. ‘+ Washington engaged in misconduct by threatening to file legal action against WME, its attomeys, numerous federal judges, the Arbitrator and his associate, the AAA and senior AAA staff, including the “illegal fling of fraudulent commercial liens, and with alarming ambiguous statements like ‘they will pay.” Order at 10 (emphasis in original), Washington's Expressed Intention To Commence Litigation Ina blog entry he made dated June 13, 2014, Washington posted a photo of what appears to be the cover page and caption of a Complaint to be filed against (among others): WME; Loeb and four of its attorneys: five federal judges sitting in either the Southern District of New York or the ‘Second Circuit; the AAA and four of its employees, including its President; and Arbitrator Lewis, his associate and his law firm. Exhibit B. Ny128s405.2 (058426-10022