Application to Appeal In Forma Pauperis

Marcus Isaiah W a s h i n g t o n

y_ William Morris Endeavor Ent., LLC et

al.

Appeal NO.
District Court or Agency No.

10 Civ. 9647

Affidavit in Support of Motion

Instructions

1 swear or affirm under penalty of perjury that,

because of my poverty, 1 cannot prepay the docket
fees of my appeal or post a bond for them. I believe
I am entitled to redress. I swear or affirm under
penalty of perj ury under United States laws that my
answers on this form are true and correct. (28
U.S.C. 1746; 18 U.S.C. 1621.)

Complete all questions in this application and then

sign it. Do not leave any blanks: i f the answer to a
question is "0," "none," or "not applicable (N/A),"
write that response. If you need more space to answer
a question or to explain your answer, attach a separate
sheet of paper identified with your name, your case's
docket number, and the question number.

Date:

Signed:

September 30, 2014

My issues on appeal are: (required):

The two kev issues on appeal are: {!.) determining whether Republican appointed federal judge P. Ke\in Caste! has intenrionally \'iolated the Constitution, the law, numerous Canons under the Judicial Code of Conduct, as well as his Oath of Office
in order to deprive nie of my constitutional and statutory rights under the color of law due to my race, color, national origin and pro se litigant status by issuing Uiree, one-sided Orders that are erroneous as a matter of law and/or public policy and
the Second Circuit must also determine (2.) if attorney Michael P. Zweig and the elite taw firm Loeb & Loeb L L P have engaged in a pattern" of "fraud upon the Court" on Williajii Morris' behalf since C-astel refused to acknowledge my argument,
while grnnting the Defendants' request to impose a filing injunction against me and prejudiced my appeal by stating it would not be made in "good faith."
Other issues include: Determining whether both arbitrators' decisions to enforce William Morris arbitration agreement were made in "majiiiest disregard of the law" due to violations of 10 of the FAA and whether Castci's decision to uphold
tiieir decisions was also made in "manifest disregard ofiiie law," given thai neitiier arbitrator cited any ca-se law and Caslel saw no problem wuii ihai. After receiving a "Partial Final Award" on December 17, 5013 from Arbitrator David L . Gregory
which determined that William Morris "discriminated against [moj iii violation of pertinent federal, state, and local law prohibiting discrimination on the basis ofrace" and indicated that I would be awarded substantial monetary damages, the
AAA disqualified Arbitrator Gregor}' wiihoui reason and a new arbitrator Schnader L L P attorney Timothy K. Lewis was appointed in violation of tlie /VAA's rules pertaining to disqualification. On March 17, 2013, ( submitted a Fraud U)>on the
Court Motion, addressing the overall fraud Loeb & Loeb L L P were engaged in before, during aiid after I filed my Complaint and I used Arbitrator Gregory's Award to support that Castci's July 20, 2011 Stay Order was erroneous as both a matter of
taw and public policy, and to furtiier support that arbitration was an inappropriate forum for this particular ca.se in achieve the public policy goals of the Civil Rights Act of 19e+ given that Williani Morris and its counsel never refuted die pyramid of
evidence demonstrating the company's intentional pattern and continuing practice of discrimijiaEing against Alrican Americans in employment spanning 116 years. Castel refused to disqualify himself or stay the arbitration, and instead told me to
continue in arbitrating in
i
"good faith."
' '
Tlie Second Circuit must
also determine whether Arbitrator
Gregory's Partial Final Award was
"final, for the sake of judicial re\'iew"
and whether the AAA had authority
to disqualify the lawfully appointed

For both you and your spouse estimate the

of the following sources during the past 12
weekly, biweekly, quarterly, semiannually,
gross amounts, that is, amounts before any

indicating what monetary

relief I was entitled to in
this bifurcated proceeding.
Deciding whether my due
process was further violated
when Castel waited co fully
address the arguments
contained in my
March 17, 2014 Fraud Upon
the Court Motion and
April 11, 2 0 1 4 Motion for
Reconsideration which alsc
sought significant disciplinary
and monetary sanctions,
including default judgment
and $250 million, against
Michael P. Zweig, Christian
Carlwne, and Ix)eb 5f Loeb
L L P for intentionally
violating numerous Rules
under the New York Rules of
Professional Conduct, violatin: "
merits" on June 25, 2 0 1 4 and William Morris sought to confirm that Award.
Deciding whether Lewis unlawfully vacated the Award of Arbitrator Gregory ii

Income source

average amount of money received from each

months. Adjust any amount that was received
or annually to show the monthly rate. Use
deductions for taxes or otherwise.

Average monthly
amount during the past
12 months

Amount expected next

month

You

Spouse

You

Spouse

Employment

$0

$ N/A

$0

$ N/A

Self-employment

$ 40().(X)

$N/A

$400.00

$N/A

Income from real property (such as

rental income)

$ 0

$ N/A

$0

$N/A

violation o f 10 of the FAA and whether his 'Tir d Award" was made in violation of the same statute. Deciding whether I . ^ b & Lc b L L P attorney Christian Carbone
should have disclosed to the SDN^' or myself that he was married to an executive for the AAA - Sasha Angelique Carlxmi - who worked
as a member of the AAA'.s
AAA's "Diversity
"'Diversity C(
Committee." Deciding
whether the
the AAA
AAA allowe
allowed
I'orked closely with Lewis a.s
g whether
I,ewis and Schnader L L P to engage
in fraud, by aJlowmg
allowing Lewis to provide Schnader LLP's bank routing number and havmg WUHan
gage m
im Morris make direct payment to the firm Lmore than $1 ij'i.OOO ii 1 le; tha
iths], in violation of AAA
Employment Rule 44.
1 2/0 1 /201 j ' S C C
Deciding whether Castel's decision to issue a filing injunction against me and strip me of my in forma pauperis status winle being aware of my dire economic circumstances is further denjonstraiion of his racial bias, prejudice, partiality and
impropriety in favor of William Morris, Ij^eb & I^eb L L P , Timothy K. I_^wis, the AAA and others, warranting his disqualification pursuant to 28 U.S.C. 2 1 0 6 and impeachment for intentionally engaging in fraud, conspiring against rights,
conspiring to interfere with the human rights of people of African descent and depriving me ofnsy constitutional and statutory rights under the color of law, in violation of iS U.S.C. , 241, the Ku Klux Klan Act of 187 1, as codified as 4 2 U.S.C
1985(3), 4 2 U.S.C. 19S3 and IS U.S.C. 242 to name a few. [ I f the font is too small, I've included the same summary at the end of this document.]

Interest and dividends

$0

$ N/.-V

So

$N,,A

Gifts

So

$ N/A

$0

$N/A

$N/A

$0

$N/A

Alimony
Child support

$n

$N/A

$n

$N/A

Retirement (such as social security,

pensions, annuities, insurance)

$0

$ N/A

$0

$N/A

Disability (such as social security,

insurance payments)

$0

$N/A

$0

$N/A

Unemployment payments

$0

$N/A

$0

$N/A

Public-assistance (such as welfare)

$ 174.00

$N/A

$ 174.00

$N/A

Other (specify):

$ 0

$N/A

$0

$N/A

$ 4 -574.(J<l

$0

$ i

Total monthly income:

2.

0 74.00

$0

List your employment history for the past two years, most recent employer first. (Gross
monthly pay is before taxes or other deductions.)

Employer

Address

Dates of
employment

Gross
monthly pay

N/A

N/A

N/A

$ N/A

$
$
3.

List your spouse's employment history for the past two years, most recent employer first.
(Gross monthly pay is before taxes or other deduciions.)

Employer

Address

N/A

N/A

Dates of
employment
N/A

Gross
monthly pay
$ N/A

$
$

-2-

4.

How much cash do you and your spouse have? $

Below, stale any money you or your spouse have in bank accounts or in any other
financial institution.

Financial Institution

Type o f Account

Amount you have

Amount your
spouse has

Bank nf America

Cliculving

$ 2-02

$ N/A

If you are a prisoner seeking to appeal a judgment in a civil action or proceeding, you must
attach a statement certified by the appropriate institutional officer showing all receipts,
expenditures, and balances during the last six months in your institutional accounts. If you
have multiple accounts, perhaps because you have been in multiple institutions, attach one
certified statement of each account.

5.

List the assets, and their values, which you own or your spouse owns. Do not list clothing
and ordinary household furnishings.

Home

Other real estate

Motor vehicle #1

(Value) $ N / A

(Value) $ N / A

(Value) $ N A
Make and year:
Model:
Registration #:

Motor vehicle #2

Other assets

Other assets

(Value) $ N A

(Value) $ N A

(Value) S N A

Make and year:

Model:
Registration #:

6.

State every person, business, or organization owing you or your spouse money, and the
amount owed.

Person owing you or your spouse

money

Amount owed to you

Amount owed to your

spouse

F B I ) [IrdcU pay, front pay, compensatory

William MoiTis Endeavor Entertainment, L L C

7.

4> punitive rlamagcs, pro se non attorney fees, etc."!

$ N/A

State the persons who rely on you or your spouse for support.

Name {or, if a minor (i.e., underage), initials only]

Relationship

Age

N/A

N/A

N/A

8.

Estimate the average monthly expenses ofyou and your family. Show separately the
amounts paid by your spouse. Adjust any payments that are made weekly, biweekly,
quarterly, semiannually, or annually to show the monthly rate.
You

Y o u r Spouse

Rent or home-mortgage payment (including lot rented for

mobile home")
Are real estate taxes included?
Yes |X1 No
Is property insurance included?
Yes | ^ ^ N o

$ 75.00

$ N/A

Utilities (electricity, heating fijel, water, sewer, and telephone)

$ so.oo

$ N/A

Home maintenance (repairs and upkeep)

$ N/A

$N/A

Food

$ 200.00

$N/A

Clothing

$ N/A

$ N/A

Laundry and dry-cleaning

$ 15.00

$N/A

Medical and dental expenses

$ N/A

$N/A

-4 -

1.

Provide any other information that will help explain why you cannot pay the docket fees
for your appeal

As deninnstrated iibove, I am poor ;md am currently l ^ i n g beiow tiie j>o\-ertv level. T h e tee alnnc t n hlc a Notice n f .'Xppcal is $50.5.00
and tur m u r t than two years, I have been surviving utTof Sl-00.00 a munih in cash due to contributions from my parents. A s a result of pursuing
this "undesirable case" and challenging the discriminatory employment practices, polices and procedures of my former employer, the
William Morris Agency (now known as VVillia?n Morris Endeavor Entertainment), I have been blacklisted from this industry and it has made it
extreniel3' difMcuit for me to gain employment, e \ c n in Jobs outside of the entertainment industry. Although I have actixely looked for employment
over the last iour year.s, 1 have been un&uccessii.d due to the damage thi-s case has had on my profejisional and personal reputation. A s demonstrated
by the Dctcndjcr \ ^013 Award issued b}"^ Arbitrator D a \ i d 1 G r e g o r y of the Auicrican Arbitration .Asiiociation. T ytTi entitled to substantial
moii(.-tar3' damages including punitive damages and pr^^-se aixornev-s fees, and 1 must he gh'en the tipportunitv to ha\'e this ma.nifest injustice cun-et:red.

2.

Identify the city and state of your legal residence.

City

State

Brooklyn

Your daytime phone number:

Your age: ^

New Y o r k

64.B-504-6407

Y o u r years o f schooling: j j

Last four digits o f your social-security number:

2^

6.

State every person, business, or organization owing you or your spouse money, and the
amount owed.

Person owing you or your spouse

money
W i l l i a m M o r r i s EriiUavor EntertairimCT.t I J X '

7.

Amount owed to you

Amount owed to your

spouse

^'RX) Jlt'ifk
irani pay, com}"cn>;jlotT
4)ixJH?mV'JjHia5es_ [jriu-cnun auorrey tVes. ttr J

State the persons who rely on you or your spouse for support.

Name [or, if a minor (i.e., underage), initials only]

Relationship

Age

N/A

"N/A

S/A

8.

Estimate the average monthly expenses ofyou and your family. Show separately the
amounts paid by your spouse. Adjust any payments that are made weekly, biweekly,
quarterly, semiannually, or annually to show the monthly rate.
You

Y o u r Spouse

Rent or home-mortgage payment (including lot rented for

mobile home)
Are real estate taxes included?
Yes [ X I No
Is property insurance included?
Yes j ^ ^ N o

$ 7S.00

Utilities (electricity, heating fuel, water, sewer, and telephone)

$ SO.Od

$N/A

Home maintenance (repairs and upkeep)

$ N/A

$N/A

Food

$ 200.00

$ N/A

Clothing

$ N/A

$ N/A

Laundry and dry-cleaning

$ I.xiXl

$N A

Medical and dental expenses

$ N/A

$ N/A

-4 -

N/A

Name: Marcus Isaiah Washrngton

Case Caption: Washington v. William Morris Endeavor Entertainment, LLC, 10 Civ. 9647 (PKC) (JCF)
Application to Appeal hi Forma Pauperis
My issues on appeal are:

The two key issues on appeal are: (1.) determining whether Republican appointed federal judge P. Kevin Caste!
has intentionally violated the Constitution, the law, numerous Canons under the Judicial Code of Conduct, as
well as his Oath of Office m order to deprive me of my constitutional and statutory rights under the color of law
due to my race, color, national origin and pro se litigant status by issumg three, one-sided Orders that are
erroneous as a matter of law and/or public policy and the Second Circuit must also determine (2.) i f attorney
Michael P. Zweig and the elite law firm Loeb & Loeb LLP have engaged in a "pattern" of "fraud upon the Court"
on William Moms"' behalf since Castel refused to acknowledge my argument, while granting the Defendants'
request to impose a filing injunction agamst m.e and prejudiced my appeal by stating it would not be made in
"good faith."
Other issues include: Determimng whether both arbitrators' decisions to enforce William Moms
arbitration agreement were made in "manifest disregard of tiie law" due to violations of 10 of die FAA and
whether Castel's decision to uphold their decisions was also made m "mamfest disregard of the law," given that
neither arbitrator cited any case law and Castel saw no problem widi that. After receiving a "Partial Final Award"
on Decem.ber 17, 2013 from .\rbitrator David L. Gregory which determ.med that William Moms "discrim.m.ated
agamst [me] m violation of pertinent federal, state, and local law prohibiting discrimination on tiie basis of race"
and mdicated that I would be awarded substantial monetary damages, die AAA disqualified Arbitrator Gregory
without reason and a new arbitrator Schnader LLP attorney Timothy K. Lewis was appointed in violation
of the AAA's rules pertainmg to disqualification. On March 17, 2013, I submitted a Fraud Upon the Court
Motion, addressing the overall fraud Loeb & Loeb LLP were engaged in before, during and after I filed my
Complaint and I used Arbitrator Gregory's Award to support that Castel's July 20,2011 Stay Order was erroneous
as both a matter of law and public policy, and to further support that arbitration was an inappropriate forum for
this particular case to achieve the public policy goals of the Civil Rights Act of 1964 given that William Moms
and its counsel never refuted the pyramid of evidence demonstrating the company's intentional pattern and
continuing practice of discriminatmg against African Americans m employment spannmg 116 years. Castel
refused to disqualify himself or stay the arbitration, and instead told me to continue in arbitrating in "good faith."
The Sec-ond Circuit must also determine whether Arbitrator Gregory's Partial Final Award was "fmal,
for the sake of judicial review" and whether the AAA had authority to disqualify the lawfully appomted arbitrator
after determining liability and mdicating what monetary relief I was entitled to in this biftircated proceedmg.
Deciding whether my due process was further violated when Castel waited to fully address the arguments
contamed in my March 17, 2014 Fraud Upon the Court Motion and April 11, 2014 Motion for Reconsideration
which also sought significant disciplinary and monetary sanctions, including default judgment and $250
million, against Michael P. Zweig, Christian Carbone, and Loeb & Loeb LLP for intentionally violating
numerous Rules under the New York Rules of Professional Conduct, violatmg the New York Judiciary Law
487 and engaging in a "pattern" of "fraud upon the Court" on William Mortis' behalf - imtil after die fraudulently
appointed arbitrator dismissed my case widi "prejudice and on the merits" on June 25, 2014 and WiUiam Moms
sought to confirm that Award.
Deciding whether Lewis unlawfully vacated the Award of Arbitrator Gregory in violation of 10 of the
FAA and whether his "Final Award" was made in violation of the same statute. Deciding whether Loeb & Loeb
LLP attorney Christian Carbone should have disclosed to the SDNY or myself that he was married to an
executive for the .A'^A Sasha Angelique Carbone - who worked closely with Lewis as a member of the .A^AA's
"Diversity Committee." Deciding whether the AAA allowed Lewis and Schnader LLP to engage in fraud, by
allowmg Lewis to provide Schnader LLP's bank routing number and having William Moms make direct
payment to the firm [more than Si 1 5,000 in less than six months], in violation of AAA Employment Rule 44.
Deciding whether Castel's decision to issue a filing injunction against me and strip me of my in forma
pauperis status while being aware of my dire economic circumstances is further demonstration of his racial bias,
prejudice, partiality and impropriety in favor of William Morris, Loeb & Loeb LLP, Timothy K. Lewis, the A,A.A

and others, warranting his disqualification pursuant to 28 U.S.C. 2106 and impeachment for mtentionallv
engagmg m fraud, conspirmg agamst rights, conspinng to mterfere with the human rights of people of African
descent and deprivmg me of my constitutional and statutory rights under the color of law, m violation of 18
U.S.C. , 241, the Ku Klux Klan Act of 1871, as codified as 42 U.S.C. 1985(3), 42 U.S.C. 1983 and 18
u s e . 242 to name a few.