[UPDATE #2 - March 4, 2010 8:43 AM. John Charlton of the Post & Email pointed out yesterday that the " controversial Rejection Opinion is listed as "not for publication" at the SDNY Bankruptcy site.]
[UPDATE: 10:33 AM - Phil from The Right Side of Life blog - via email - has informed me that the missing Opinion can be found in a public section of the Bankruptcy Court's site. But Phil has also confirmed that the Opinion is still mysteriously missing from the public docket for the Chrysler case. This is the docket we've been linking to throughout the Motion to Reconsider as it's the main clearinghouse for all Chrysler bankruptcy information.
We will inform you if the situation changes.]
Last night, Steve Pidgeon and I prepared and filed our “Designation of Contents” for the Appellate record (Docket No. 6523) to be certified to the District Court along with a Motion to Join (Docket No. 6524) six more former Chrysler dealers (bringing the total to 82 clients).
While preparing the designation, neither of us had the docket number on hand for the June 19, 2009 Dealer Rejection Opinion. This is the Opinion issued by Judge Gonzalez wherein he perpetrates a fraud on the Court by inserting testimony into the record – by way of judicial ventriloquism – which does not exist in the record.
Not having the docket number, I went to the public docket for the Chrysler case which is reached by the URL – http://www.kccllc.net/default.asp?R=CD. The docket and all important documents for the Chrysler bankruptcy and sale are hosted by Kurtzman Carson Consultants LLC.
When you click through to the host site, you also need to locate the “Old Car Co” tab by using the “View All” drop down box. Then click on “M-O” which will bring you to the following header, “09-50002 | Old Carco LLC (f/k/a Chrysler LLC) (Creditors’ Committee)“. Click that, accept the terms, and you will gain access to all of the public documents. The docket is reached by hitting the “Court Documents” button on the left side of the page. This brings you to a search engine for the docket which contains over 6500 documents.
The docket number for the fraudulent June 19, 2009 Rejection Opinion by Judge Gonzalez is “4145″. But if you plug that number into the search engine, it now returns a blank entry (see image above).
Furthermore, if you reach the page containing all of the entries for June 19, 2009, you will see that the docket skips from 4144 to 4146, mysteriously ignoring the enigmatic 4145.
Somebody has seen to it that the public no longer has direct access to the fraudulent opinion written by Judge Gonzalez. This is a very recent development which appears to have happened right around February 1, 2010 – the date Judge Gonzalez was awarded the position of Chief Justice – just four days before he issued his denial of our Motion to Reconsider (docket no. 6341). At that time, I noticed the public docket was not available at all for a few days. Now, upon its return, the most important document pertaining to the rejected Chrysler Dealers’ rights has been mysteriously sabotaged out of the docket.
Haven’t our clients been subjected to enough sabotage already?
All our clients ever did was successfully operate their businesses thereby making profits for Chrysler and employing thousands in their communities. Now they’ve had their livelihood ripped from them and were forced to lay off loyal staff and friends. In fighting back, they face a fraudulent Judge and now a fraudulent docket.
This is not a political issue. Every American citizen should be outraged at what has happened to our clients. Your small business could be the next victim.
If you are an attorney registered with the Electronic Filing System via the official web site for the Southern District of New York Bankruptcy Court, you can still retrieve document number 4145 there. But the general public cannot gain access thereto. One must register as an attorney of record before a password is provided. Here is a screenshot of the proper listing for docket number 4145 at the Court’s site:
Compare that image to the public docket entry for 4145 pictured at the top of this post. The public docket entry makes no mention of the June 19, 2009 Rejection Opinion by Judge Gonzalez and there is no link to anything. It’s a blank entry. Good luck tracking that opinion down if you’re not an insider. I don’t care what side of the blogosphere you reside on – left or right – this is pure censorship designed to specifically keep bloggers in the dark.
Taking a term from poker, this docket sabotage is a clear “tell“:
“A tell in poker is a subtle but detectable change in a player’s behavior or demeanor that gives clues to that player’s assessment of his hand. A player gains an advantage if he observes and understands the meaning of another player’s tell…”
This tells me that our hand going forward on appeal is strong and the villains are trying to hide its strength from bloggers, the public and the press. The Rejection Opinion is a public document and has been available through the public docket from June 19, 2009 until very recently.
Welcome to the new Amerika, kids. If the truth hurts, just hide it from view. If the witness doesn’t say what you want him to say, just change the record to make it appear as if he said what you needed him to say to make the case fit your pre-determined opinion. How the hell would Judge Gonzalez explain his patented “judicial ventriloquism” to his students at NYU School of Law?
by Leo C. Donofrio, Esq.