| |
Main
Date: 05 Oct 2008 08:23:29
From: samsloan
Subject: Motion for Summary Judgment in Polgar vs. USCF - First Draft
|
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
LUBBOCK DIVISION
_______________________________________
=A7
SUSAN POLGAR, =A7
Plaintiff, =A7
=A7
v. =A7
=A7 Civil Action No. 5:08-CV-169-C
=A7 ECF
=A7 NOTICE OF
UNITED STATES OF AMERICA =A7 MOTION FOR
CHESS FEDERATION, INC. =A7 SUMMARY JUDGMENT
and =A7
BILL GOICHBERG, JIM BERRY, =A7
RANDY BAUER, and =A7
RANDALL HOUGH, all Individually and in their =A7
Representative Capacities as Members of the =A7
Executive Board of the United States of =A7
America Chess Federation; =A7
BILL HALL, Individually and in his =A7
Representative Capacity as Executive Director =A7
of the United States of America Chess =A7
Federation; =A7
BRIAN MOTTERSHEAD; =A7
HAL BOGNER; =A7
CHESS MAGNET, L.L.C.; =A7
CONTINENTAL CHESS INCORPORATED; =A7
JEROME HANKEN; =A7
BRIAN LAFFERTY; =A7
SAM SLOAN; =A7
KARL S. KRONENBERGER; and =A7
KRONENBERGER BURGOYNE, L.L.P.; =A7
=A7
Defendants. =A7
_________________________________________________=A7
Sam Sloan,
Defendant-Counter-Claimant
v.
Susan Polgar
Plaintiff-Defendant
Hoainhan =93Paul=94 Truong
Third-Party-Defendant
_________________________________________________
The Undersigned, Sam Sloan, hereby moves this court on the 6th day of
October 2008 under Rule 56 of the Federal Rules of Civil Procedure for
an order granting summary judgment, awarding damages to be determined
by the court and also removing Susan Polgar and Paul Truong from the
Executive Board of the United States of America Chess Federation and
invalidating the election by which they were elected to the board.
The grounds for this motion are that there is no triable issue of fact
in that is it proven and Paul Truong and Susan Polgar do not deny and
have not denied that they got elected to the board through massive
fraud upon the voters of the United States of America Chess
Federation, by among other things posting, sending and transmitting
more than 2464 =93Fake Sam Sloan=94 Internet postings in which Susan
Polgar and Paul Truong impersonated Sam Sloan and other chess
personalities. Susan Polgar and Paul Truong have not denied under oath
making these 2464 postings. Therefore, there is no triable issue of
fact. No Not-for-Profit organization could tolerate having board
members who make such obscene, pornographic, derogatory and defamatory
Internet postings as Susan Polgar and Paul Truong have done. In
addition, the filing of this very lawsuit for $25 million in damages
while they are still on the board of the very organization that they
are suing is fully sufficient grounds to remove them from the board.
Plus, their complaint in this lawsuit is filled with false and
fraudulent claims. Therefore, there is no triable issue of fact,
summary judgment should be granted, the results of the election should
be invalidated and Susan Polgar and Paul Truong should be removed from
the board.
Yours, etc.
Samuel H. Sloan
1664 Davidson Ave., Apt. 1B
Bronx NY 10453-7877
1-917-507-7226
1-917-659-3397
[email protected]
Copy to:
James L. Killion
2521 74th Street
P.O. Box 64670
Lubbock, Texas 79464
William P. Huttenbach
HIRSCH & WESTHEIMER, P.C.
Bank of America Center
700 Louisiana, 25th Floor
Houston, Texas 77002-2772
Bill LaFont and Brent Hamilton
LaFont, Tunnell, Formby, LaFont & Hamilton, L.L.P.
P.O. Box 1510
Plainview, Texas 79073-1510
Brian Mottershead
118 Nowell Farme Road
Carlisle, MA 01741
Brian Lafferty
111 Cotton Place
Long Meadow, Mass. 01106
Hal Bogner and Chess Magnet, L.L.C.
P.O. Box 143
Half Moon Bay, California 94019
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
LUBBOCK DIVISION
_______________________________________
=A7
SUSAN POLGAR, =A7
Plaintiff, =A7
=A7
v. =A7
=A7 Civil Action No. 5:08-CV-169-C
=A7 ECF
=A7
UNITED STATES OF AMERICA =A7 MOTION FOR
CHESS FEDERATION, INC. =A7 SUMMARY JUDGMENT
and =A7
BILL GOICHBERG, JIM BERRY, =A7
RANDY BAUER, and =A7
RANDALL HOUGH, all Individually and in their =A7
Representative Capacities as Members of the =A7
Executive Board of the United States of =A7
America Chess Federation; =A7
BILL HALL, Individually and in his =A7
Representative Capacity as Executive Director =A7
of the United States of America Chess =A7
Federation; =A7
BRIAN MOTTERSHEAD; =A7
HAL BOGNER; =A7
CHESS MAGNET, L.L.C.; =A7
CONTINENTAL CHESS INCORPORATED; =A7
JEROME HANKEN; =A7
BRIAN LAFFERTY; =A7
SAM SLOAN; =A7
KARL S. KRONENBERGER; and =A7
KRONENBERGER BURGOYNE, L.L.P.; =A7
=A7
Defendants. =A7
_________________________________________________=A7
Sam Sloan,
Defendant-Counter-Claimant
v.
Susan Polgar
Plaintiff-Defendant
Hoainhan =93Paul=94 Truong
Third-Party-Defendant
_________________________________________________
MOTION FOR SUMMARY JUDGMENT
Samuel H. Sloan, sued herein as Sam Sloan, being duly sworn, deposes
and says:
1. I hereby move under Rule 56 of the Federal Rules of Civil Procedure
for summary judgment. I am asking this court to award damages to me
and also to remove Susan Polgar and Paul Truong from the Executive
Board of the United States of America Chess Federation. The basis for
this motion is that it is a proven fact and Susan Polgar and Paul
Truong do not deny that they got elected through massive fraud upon
the voters of the United States of America Chess Federation, including
at least 2464 =93Fake Sam Sloan=94 postings in which Susan Polgar and Paul
Truong impersonated me and other chess personalities. Susan Polgar and
Paul Truong have not denied under oath making these 2464 postings.
Therefore, there is no triable issue of fact. No Not-for-Profit
organization could tolerate board members who make such obscene,
pornographic, derogatory and defamatory postings as Susan Polgar and
Paul Truong have done. They would not have been elected had the voters
realized that it was them, and not me, who was doing this. In
addition, the filing of this very lawsuit for $25 million in damages
while they are still on the board of the very organization that they
are suing is fully sufficient grounds to remove them from the board.
Plus, their complaint in this lawsuit before this court is filled with
false and fraudulent claims. Therefore, there is no triable issue of
fact, summary judgment should be granted, the results of the election
should be invalidated and Susan Polgar and Paul Truong should be
removed from the board. The United States of America Chess Federation
is in the process of preparing a petition to be filed in the Illinois
State Courts to do the same thing, but this court also has
jurisdiction to do this as all concerned parties are before this court
now.
2. The court will likely find it shocking and even ridiculous that
anybody would move for summary judgment in a case that was just filed
with a completely undeveloped record with no answers filed, no
discovery, and limited pleadings. However, this case is only the most
recent case based on essentially the same facts. There have been five
cases thus far all based on essentially the same facts and more are
expected. Counting all these cases, this litigation has already been
pending for more than one year. Also, the United States of America
Chess Federation, an organization with 86,000 members, is being rent
asunder by this litigation, with tens of thousands of dollars in
attorney's fees being expended. The USCF is on the verge of financial
collapse or even bankruptcy because of this litigation.
3. More than that, the most important operative fact is proven
conclusively, not merely by the preponderance of the evidence, not
merely beyond reasonable doubt, but absolutely 100% proven, no doubt
at all, that Susan Polgar and her husband Paul Truong are =93The Fake
Sam Sloan=94, as that entity has come to be called. =93The Fake Sam Sloan=
=94
is an entity who signed my name to thousands of Usenet newsgroup
Internet postings which were defamatory, pornographic, misogynistic,
vile and vicious personal attacks on almost every prominent chess
personality other than themselves and Joel Channing. The fact that
=93The Fake Sam Sloan=94 attacked almost everybody except for Paul Truong
and Susan Polgar was an important but long ignored clue that they were
doing this. They even attacked people who were trying to help them,
such as Sam Sloan and Don Schultz. They also attacked all of the
female chess rivals of Susan Polgar.
4. Attached hereto as Exhibits A, B and C are the three reports that
prove conclusively that it was Paul Truong who was doing this. None of
the authors of these three reports are active tournament chess
players. None of them know or have ever met Susan Polgar or Paul
Truong. In short, they have no stake in the outcome of this
controversy. One of them was an Internet expert contacted by The New
York Times prior to the first report by the Times on this story.
5. These three reports do not even mention the name of Susan Polgar
and only one of them mentions the name of Paul Truong. However, one
has to know that Paul Truong is the same as =93ChessPromotion=94 and
=93ChessMarketing=94. We know this conclusively because =93ChessPromotion=
=94
was the user name Paul Truong used to register on the USCF Issues
Forum and that forum is closed to all but USCF Members. In addition,
one was required to register personally with Mike Nolan, who provided
the password. Paul Truong campaigned extensively for election to the
USCF Board of Directors using the name =93ChessPromotion=94, so we know
that this was him. He is married to and lives with Susan Polgar, who
was also campaigning with him for the USCF Executive Board (without
revealing that they were married to each other). The Mottershead
Report proved conclusively through IP addresses, user agent strings,
the type of computer and website browser used and a variety of other
evidence that the =93Fake Sam Sloan=94 and =93ChessPromotion=94 were the sa=
me
entity. Thus, since we know that Paul Truong was =93ChessPromotion=94, we
know that Paul Truong was The Fake Sam Sloan.
6. Susan Polgar is tied into this because they were married, living
together, using the same computers and so on. The acclaimed book
=93Chess Bitch=94 by Former US Woman's Champion Jennifer Shahade, a book
about female chess players, explains on page 105 how Susan Polgar and
Paul Truong have vastly different personalities and writing styles but
they sign each other's names and use the same computers so they have a
=93shared Internet and literary persona=94 which explains why they have
become known in the Chess World collectively as =93Trulgar=94. A copy of
that page of the book is annexed as Exhibit E. (A more common spelling
for the same term is =93Trollgar=94.)
7. That book may be the explanation for a mystery, which is: Why does
The Fake Sam Sloan attack Jennifer Shahade so viciously. The attacks
on Jennifer Shahade are so obscene that they cannot be quoted in this
pleading. Here is a video made during the USCF Delegate's meeting in
Dallas on August 9, 2008, showing Bill Hall, USCF Executive Director,
reading especially obscene postings by the =93Fake Sam Sloan=94 in which
the Fake Sam Sloan attacked former US Woman's Champion Jennifer
Shahade. If you play this video, be prepared to be deeply offended. It
is posted on Google videos, but is not searchable in the index:
http://video.google.com/videoplay?docid=3D6138728192537752772&hl=3Den
8. This video demonstrates why this motion for Summary Judgment should
be granted. No public not for profit corporation could possibly
tolerate having persons on the board who would write such obscene,
vile and vicious personal attacks on a USCF employee, which Jennifer
Shahade now is. Indeed, we must be thankful that Jennifer has not yet
sued the USCF for this. Any time a member of the board of any
corporation makes disparaging remarks about an employee of that
corporation, the corporation can be sued. Here, the remarks about
Jennifer Shahade are more than merely disparaging. They are
pornographic and obscene. (This is one reason why the video that
opposing counsel here refers to as =93a questionable DVD related to
Polgar's divorce proceedings in New York=94 is relevant to this case.)
9. It may seem at first that this motion for Summary Judgment cannot
be granted because Polgar and Truong will deny that they are =93The Fake
Sam Sloan=94 and this will create a triable issue of fact. However,
Polgar and Truong HAVE NOT DENIED THAT THEY ARE THE FAKE SAM SLOAN.
Indeed, that is the whole point. Shortly after I filed my lawsuit in
the Southern District of New York, Chubb Corporation, who had been
providing Directors and Officers Insurance to the USCF, retained
counsel to represent the board members, including Polgar and Truong.
The assigned counsel asked then to sign affidavits denying that they
were the Fake Sam Sloan and denying that they were in any way involved
in the obscene Fake Sam Sloan postings. Naturally, the assigned
counsel expected them to sign the affidavits as a matter of course.
However, THEY REFUSED TO SIGN.
10. Now, suddenly, their refusal to sign an affidavit denying that
they were the Fake Sam Sloan threw everything into a tizzy. Their
assigned counsel withdrew from representing them, and they were
assigned new counsel. Also, the USCF hired its own attorney to
investigate the Fake Sam Sloan postings. Polgar and Truong have
refused to cooperate with that attorney as well. This new attorney, a
renowned Internet expert, also examined the Fake Sam Sloan postings
and came to the same conclusion that all the others had done, that
Paul Truong did it. That attorney and his law firm have now been named
as defendants in this suit, and this explains Susan Polgar's
allegation that the defendants =93are trying to strip her=94 of her
insurance benefits.
11. The Lubbock Avalanche Journal for September 28, 2008 in an article
entitled Defendants seek dismissal of suit filed by chess champ Polgar
reported, =93Truong has repeatedly denied his claims=94.
12. However, this is not true. All of Truong's =93denials=94 have been non-
denial denials. For example, Truong will say =93That was based on
evidence that was illegally obtained=94. Essentially, Truong is claiming
that the USCF Website Administrator, Brian Mottershead, and no right
to investigate the Fake Sam Sloan postings and that, after Mottershead
discovered that Paul Truong was responsible for the postings, it was
=93illegal=94 for Mottershead to disclose his findings because he was
bound by a Non -Disclosure Agreement. Both claims are bogus. The Fake
Sam Sloan postings, signing my name and the names of other chess
personalities to thousands of obscene newsgroup postings, was illegal
and for Mottershead to cover up that crime would have been illegal as
well.
13. Another example of a non-denial denial by Truong is: He will say,
=93I didn't do it=94. However, Truong fails to define what the =93it=94 is
that he did not do. He made a similar statement at the USCF Delegates
Meeting in Dallas on August 9, 2008. Many people thought they heard
Truong denying that he had made the Fake Sam Sloan postings. They were
in most cases hearing Truong for the first time and they did not
listen carefully to his exact words. He qualified his denials in such
a way as to make them meaningless. The video is available and it can
be played back to hear his exact words.
14. For this reason, the USCF Defendants have been demanding from
Truong a written sworn affidavit stating whether he is or is not the
Fake Sam Sloan. Truong has refused to comply or to sign. The reason is
obvious. Truong is guilty. Once he provides that affidavit, be can be
charged with perjury.
15. I am stating here and now, under oath, and I will come to Texas to
testify if necessary, that Susan Polgar and Paul Truong are equally
guilty of the Fake Sam Sloan postings. I can say that because of my
knowledge and experience with these two persons. I have known Paul
Truong for 28 years since 1980 when I defeated him in a tournament
chess game held at the House of Spain in New York City. I have known
Susan Polgar for 23 years since I met her in a chess tournament
organized by defendant Bill Goichberg at the Manhattan Chess Club in
1985. I became personally involved with Susan Polgar in 1986, stayed
at her apartment in Budapest Hungary and I traveled the world with her
even taking her on a trip to Argentina. Few people know her as well or
as long as I do. I am quite aware of her activities over the years,
having been her prime supporter and booster over the years. I am
stating under oath that SHE DID IT.
16. These postings are now contained in a file entitled fake-sam-
sloan.txt that is now available on the Internet.
http://www.mottershead.info/uscfdocs/fake-sam-sloan.txt This is a 5mb
file thousands of pages long and therefore is not included here. Each
of these 2464 Internet postings were cross-posted to two and sometimes
three Internet newsgroups and thus there were more than 5,000 postings
altogether. These postings have been the subject of 12 articles in the
New York Times plus articles in the Lubbock Avalanche Journal and
other newspapers around the world. There have been dozens of blogs and
websites devoted to this issue.
17. The Mottershead Report ends with a posting on September 26, 2007.
This is because the report was submitted to USCF President Bill
Goichberg on that date. However, postings by the Fake Sam Sloan have
continued. There was one only a few days ago. However, their numbers
are far fewer now. At their peak, there were one or two hundred per
day.
18. Their characteristics are that most of the Fake Sam Sloan postings
concern sexual matters such as penis size, breast size, sexual
practices and preferences, who is sleeping with whom, lesbianism and
related topics. They rarely use dirty words, but they convey dirty
ideas. A good example is the first item in the Mottershead Report:
Vote for me and I'll show you my 4 1/4 inch powershooter.
Sam Sloan
19. They use email addresses that sounds like my address but is not
actually my address. For example, they have used
[email protected] , [email protected] and [email protected] . My
actual addresses have been [email protected] , [email protected] ,
[email protected] . The Fake Sam Sloan has never used any of those
addresses.
20. Since Brian Mottershead was able to prove through IP Addresses
that Paul Truong was the Fake Sam Sloan, he has started using
anonymous re-mailers dizum.com and bananasplit.com . I have never used
an anonymous remailer and I do not even know how to use one. When I
post something, I want it to be read by the widest possible audience
and to stay on the web permanently. The anonymous remailers dizum.com
and bananasplit.com . are automatically deleted after six days.
21. Only two weeks ago, on September 21, 2008, the following was
posted on rec.games.chess.politics:
I am too much of a gentleman to reveal the locations of Krush's two
distinctive birthmarks.
To find out more, you will have to wait until I publish my book "What
Irina Krush Could Teach You". It will be available from Amazon later
in 2008.
Sam Sloan
22. Although we do not have the proof yet that Polgar and Truong
posted this, it is so typical of the kinds of things that they post
and nobody else does that it is almost certain that they did this.
Irina Krush, age 25, is the top rated woman chess player in the United
States. Up until now, Truong and Polgar have left her alone, rarely
attacking her. Susan must be mad at her about something now. The above
was posted from dizum.com , an anonymous remailer.
23. Truong and Polgar like to attack themselves, although never using
their actual names. There are hundreds of these self attacks on
http://susanpolgar.blogspot.com . These are intended to gain sympathy
for themselves and to add credence to their claims that they are being
persecuted. Here is one example from the Mottershead Report:
Thanks for destroying the first couple for everyone. We can't allow
them to have power, can we? We need to stick together and get rid of
all the freaking foreigners. Saludos!
24. Here is another one from the height of the election campaign. It
is posted supposedly =93anonymously=94 but it fits the pattern of postings
by Polgar and Truong. We know that they are doing this because there
is no anti-foreigner element in the USCF. We in the USCF want more
people to come from other countries to play in our tournaments. Almost
all of the top rated chess players in the USA are from other countries
and we want more of them to come here. This is a typical comment from
the Susan Polgar Blogspot at:
http://susanpolgar.blogspot.com/2007/07/q-about-chess-and-uscf.html
=93They should not be allowed to run for the USCF Executive Board
either. The USCF should be run by Americans who understand America. We
must keep women and foreigners out of the USCF. I support Sam Sloan,
Jim Berry, Joe Lux and Don Schultz. President Goichberg agrees with 3
of my choices too.=94
25. These postings, of which there were hundreds, were intended to
create a backlash. Sam Sloan, Jim Berry, Joe Lux and Don Schultz were
their election opponents.
26. Kindly bear in mind that the examples I am providing here are only
the relatively =93clean=94 postings by Polgar and Truong. I dare not post
any of the really dirty stuff here, because then I would get into
trouble with the courts. For that, you have to read the report at:
http://www.mottershead.info/uscfdocs/fake-sam-sloan.txt
27. They conducted their election campaign on an entirely fraudulent
basis and I am asking this court to remove them from the board.
Throughout their election campaign, they claimed to be immensely
financially successful. Truong claimed to be a millionaire businessman
who has been able to retire at age 32. Polgar constantly claimed to
have donated hundreds of thousands of dollars to girls in chess. In
reality, all of this was utterly false. Almost all of their income was
from the monthly child support check in the amount of $1250 Susan
Polgar receives from her ex-husband Jacob Shutzman. It is, of course,
reprehensible that Paul Truong was living off of the child support
check that his wife receives, when that money was supposed to be going
for the benefit of the two children, Tom and Leeam.
28. Truong and Polgar got elected by claiming that they were in
contact with millionaire businessmen who were going to donate millions
of dollars to the USCF once Polgar and Truong got elected. They
specifically named Eric Moskow and Erik Anderson as two millionaire
businessmen who were going to donate millions of dollars to the USCF
because of them. Since winning the election, both Erik Anderson and
Eric Moskow have been interviewed by The New York Times and both have
stated that they have absolutely no intention of providing any money
to the USCF as long as Truong and Polgar are on the board. The results
of these interviews are published on the nytimes.com website.
29. Not only was Truong not the millionaire he claimed to have been
while running for the board, it has been discovered that he filed for
bankruptcy during the election campaign. The most relevant pages of
the Truong Bankruptcy Petition are annexed hereto as Exhibit D,
especially page 22 where he states that he personally has zero income
and he lives off of his wife, who gets $830 monthly from business
activities and $1250 in child support. Now compare this with what they
said during their election campaign. Here are a few quotes from Paul
Truong, Susan's spokesman:
Thank you for bringing up this point. USCF does not pay me any cash
for my appearances. US Chess Trust also does not pay me any cash for
my appearances to help do fundraising for them. In fact, I have
fronted a lot of my own money for a number USCF activities including
the Women's Olympiad Program. Since January 2003, I have spent about
$100,000 of my own time and money for various activities to help US
Chess. I have also donated a lot of work for USCF for Chess Life
without charge. In some events, USCF paid for my airfare and hotel and
in some other events, I paid myself.
http://groups.google.com/group/rec.games.chess.politics/msg/69b7fc7bb10ebe4=
2?
30. In reality, all of this was false. Polgar and Truong had no money,
much less $100,000 to donate. They were making their living by threats
and blackmail, extorting money from the USCF. They were demanding to
be paid $50,000 for =93training=94 the Woman's Chess Olympiad Team when,
according to the book =93King's Gambit=94 by Paul Hoffman, pages 222-223,
the =93training=94 consisted of Paul Truong telling the woman chess
grandmasters what to do during their menstrual periods and also
telling them that they would make millions from the event. As the
result of constant threats and blackmail, the USCF did ultimately pay
them $20,000.
31. In addition to committing fraud upon the voters in the USCF
Election that got them elected and committing fraud upon the US
Bankruptcy Court, they are also committing fraud upon this court, the
United States District Court for the Northern District of Texas,
Lubbock Division, by filing this lawsuit. Take a look at page 10 of
her complaint, where she says that she =93became the first chairman of
the federation=94 because of the =93nationwide showing of support by USCF
members=94.
32. What really happened is that the same board members that she is
suing here now gave her the honorary title of =93Chairman of the USCF=94,
because she said that with this title she would go out and raise
millions of dollars for the USCF. When, after several months, she had
not raised any of the promised funds and had actually tried to use her
title to divert funds away from the USCF and into her own =93Susan
Polgar Foundation=94, plus in Mexico City in September 2007 she had
asked FIDE officials to remove the USCF as the official representative
of the United States of America and to replace it with her =93Susan
Polgar Foundation=94, the board took that title of =93Chairman of the
USCF=94 away from her.
33. In short, the same people who gave her the title took it away, due
to her poor performance.
34. Her lawsuit filed in this court is filled with absurd and
ridiculous claims such as her claim to have won the Woman's World
Championship four times, when she only one it once, and to have won
the =93Triple Crown=94 in chess when there is no such title. There has
even been discussion on rec.games.chess.politics comparing Susan
Polgar to Captain Queeg in the movie =93The Caine Mutiny=94. Susan
Polgar's claims are so far away from reality that the question has
become: Is Susan Polgar delusional and paranoid, or is she just a
liar? How can any rational person keep claiming that she won chess
events and titles that she did not win? How can anybody claim that she
is being persecuted and that there is this vast, far-reaching
conspiracy against her, allegedly because she is =93a woman of foreign
descent=94, when she has been given far more breaks than any other chess
player has ever been given?
35. Ever since Polgar and Truong were elected to the board, the USCF
has been torn apart by their presence on the board and, more recently,
by this lawsuit. The normal activities of the board have ground to a
halt. In addition, there is another election coming up. Polgar and
Truong will be running a new slate of four candidates. They do not
need to run themselves, as they were elected to four year terms in
2007. If their slate is elected, they will have complete control of
the $3.2 million in annual revenues that the USCF receives. In view of
their established history of extorting money from the USCF, one can
well imagine what will happen to that $3.2 million if they ever get
their hands on it. Polgar and Truong must be removed from the board
now and must be enjoined from running for the board again.
36. This Motion for Summary Judgment under Rule 56 of the Federal
Rules of Civil Procedure is based on the following facts and there is
no triable issue of fact:
(1) Susan Polgar and Paul Truong cannot be permitted to remain on the
board of the United States of America Chess Federation for as long as
they are suing the United States of America Chess Federation for $25
million. This has created an impermissible conflict of interest.
Therefore, they must be removed from the board.
(2) Susan Polgar and Paul Truong got elected by making at least 2,464
=93Fake Sam Sloan=94 postings to the Internet in which they attacked
almost all chess personalities other than themselves and in which they
signed the names =93Sam Sloan=94 and other well known chess personalities.
They have never denied making these postings.
(3) Susan Polgar and Paul Truong committed massive fraud upon the
voters during the election campaign by claiming to be wealthy
individuals with vast business experience and to have made millions in
business and to have donated hundreds of thousands of dollars to
chess. None of this was true. They had accomplished almost none of the
things that they claimed to have accomplished and Paul Truong filed
for bankruptcy during the election campaign with his wife, Susan
Polgar, paying the filing fees. Virtually their only income was the
$1250 child support check that Susan Polgar's ex-husband Jacob
Shutzman sent her every month.
(4) Virtually everything about Susan Polgar and Paul Truong is false
and fraudulent. Susan Polgar did not win most of the chess titles she
claims to have won (although she did win some of them). Paul Truong
did not rescue and save the =93multibillion dollar companies=94 he claims
to have rescued and saved. Paul Truong does not have the Ph.D. Degree
he claimed to have had.
(5) The United States of America Chess Federation is being destroyed
by the actions of Paul Truong and Susan Polgar. The USCF Delegate's
Meeting held in Dallas Texas on August 9-10, 2008 was almost entirely
concerned with the =93Fake Sam Sloan=94 issues and with the problems
caused by Polgar and Truong. The normal functioning of the board has
ground to a halt. The USCF is being required to spend tens of
thousands of dollars in legal fees to defend the lawsuits brought on
by actions by Polgar and Truong, and more are expected. The USCF, an
organization with 86,000 members, is on the brink of financial failure
because of the actions of Polgar and Truong.
WHEREFORE, for all of the reasons set forth above.
1. This motion for summary judgment should be granted.
2. Susan Polgar and Paul Truong should be removed from the Board of
Directors of the United States of America Chess Federation and should
be forever enjoined from running for the board or serving on the board
ever again.
3. The election by which Susan Polgar and Paul Truong were elected to
the board should be declared invalid.
4. Damages should be awarded as to be determined by the court.
_______________________
Samuel H. Sloan
1664 Davidson Ave., Apt. 1B
Bronx NY 10453-7877
1-917-507-7226
1-917-659-3397
[email protected]
STATE OF NEW YORK )
ss:
COUNTY OF BRONX )
VERIFICATION
1, the undersigned, the petitioner named in the foregoing affidavit,
being duly sworn, says:
I have read the foregoing affidavit subscribed by me and know the
contents thereof and the same is true of my own knowledge, except as
to those matters herein stated to be alleged upon information and
belief and as to those matters I believe it to be true.
__________________________________
Signature of Defendant-Counter-Claimant
On the 6th Day of October, 2008 before me personally came Samuel H.
Sloan to me known to be the person described herein and who executed
the foregoing instrument. Such person duly swore to such instrument
before me and duly acknowledged that he executed the same.
_____________________________
NOTARY PUBLIC
|
|
| |
Date: 05 Oct 2008 15:19:29
From: samsloan
Subject: Re: Motion for Summary Judgment in Polgar vs. USCF - First Draft
|
On Oct 5, 1:13=A0pm, "foad" <[email protected] > wrote:
> "samsloan" <[email protected]> wrote in message
>
> news:f0cd5d52-646e-41d9-8668-4d39777d56ec@y29g2000hsf.googlegroups.com...
>
> > 22. [. . . ] we do not have the proof yet
>
> Um, Darrow, if you "do not have the proof," would that not contradict you=
r
> premise that "there is no triable issue of fact in that is it proven [tha=
t
> etc]"?
>
> <remainder of soon to be denied motion hosed>
The recent posting dated September 21, 2008 is irrelevant to the point
that the postings by "The Fake Sam Sloan" a/k/a Polgar and Truong from
June 2005 through July 2007 helped to get them elected and me
defeated.
However, you have a point. Perhaps I should leave that recent posting
out of my motion, to avoid opposing counsel making the same point you
are trying to make.
Sam Sloan
|
| | |
Date: 06 Oct 2008 02:55:13
From: foad
Subject: Re: Motion for Summary Judgment in Polgar vs. USCF - First Draft
|
"samsloan" <[email protected] > wrote in message
news:da82d9b1-7239-4177-83a6-ed7d0525e184@y29g2000hsf.googlegroups.com...
On Oct 5, 1:13 pm, "foad" <[email protected] > wrote:
> "samsloan" <[email protected]> wrote in message
>
> news:f0cd5d52-646e-41d9-8668-4d39777d56ec@y29g2000hsf.googlegroups.com...
>
> > 22. [. . . ] we do not have the proof yet
>
> Um, Darrow, if you "do not have the proof," would that not contradict your
> premise that "there is no triable issue of fact in that is it proven [that
> etc]"?
>
> <remainder of soon to be denied motion hosed>
The recent posting dated September 21, 2008 is irrelevant to the point
that the postings by "The Fake Sam Sloan" a/k/a Polgar and Truong from
June 2005 through July 2007 helped to get them elected and me
defeated.
However, you have a point. Perhaps I should leave that recent posting
out of my motion, to avoid opposing counsel making the same point you
are trying to make.
=============
Don't be hasty. If you take all the ridiculous bits out there'll be nothing
left but the page numbers.
|
| |
Date: 05 Oct 2008 17:13:39
From: foad
Subject: Re: Motion for Summary Judgment in Polgar vs. USCF - First Draft
|
"samsloan" <[email protected] > wrote in message
news:f0cd5d52-646e-41d9-8668-4d39777d56ec@y29g2000hsf.googlegroups.com...
> 22. [. . . ] we do not have the proof yet
Um, Darrow, if you "do not have the proof," would that not contradict your
premise that "there is no triable issue of fact in that is it proven [that
etc]"?
<remainder of soon to be denied motion hosed >
|
|
