Subject: Kobrin/McShane criminal and civil contempt UPDATE
From: grady@promisecreepers.org (Grady Ward)
Date: Sat, 20 Jun 1998 01:46:12 GMT

A follow-up to the Motion for an Order to Show Cause Why Helena K. Kobrin and Warren McShane Should Not be Found in Civil and Criminal Contempt, I received the following order today from Hon. Ronald M. Whyte:

FILED JUN 17 1998

ORDER SUBMITTING MOTION WITHOUT ORAL ARGUMENT

RTC v. WARD C 96-20207 N. D. Cal.

Defendant's Grady Ward's "Motion for Order to Show Cause Why Warren McShane and Helena Kobrin Should Not be Found in Civil and Criminal Contempt" will be submitted without oral argument on July 17, 1998. If the court feels that there is a basis for a finding of contempt, a hearing will be set so that the alleged contemnors can be heard prior to the final decision.

All papers must comply with the Civil Local Rules, and no late papers will be accepted.

Dated: 6/16/98

(signed)
Ronald M. Whyte
United States District Judge

What happens now is presumably the cult will get a chance to file an Opposition and I will get a chance to file a Reply.

It is hard to imagine what kind of excuses Kobrin and McShane will give. I would have included the other attorneys in the motion (such as Hogan, who, if you remember, sent me the "smoking gun" fax saying that I had never asked for the magnetic images from the cult in discovery, but had earlier specifically certified that a statment from the cult that I they had no such images or custodians was complete and correct -- but I really think that Kobrin and McShane conspired to keep this knowledge from Hogan and the Paul, Hastings firms until the eve of trial.

The last sentence of the Order is ironic since if you remember the cult's Opposition to my motion to dismiss with prejudice basically alleging the same set of facts as the motion for contempt was filed about ten days after the L.R. permit and was 3x the size. It also had a false certificate of service -- the US Post Office cancellation showed it was mailed 5 full days after the proof of service and Hogan's postage meter said it was. Despite this, the Judge has been silent on this motion which -- under the local rules which the Judge nows orders us to obey -- was effectively unopposed.

I just hope that as the court consider's Henson's alleged contempt it will in fairness fully consider that RTC broke the law and willfully disobeyed a direct order from the court and will rule accordingly. Everyone should follow the law and should be punished for breaking it regardless of how much money they have.

If it is denied, I will appeal it since their guilt in my opinion is beyond a reasonable doubt.

-- Grady Ward grady@gradyward.com (707) 826-7712
2F07 AD38 11D4 8493 7143 5E1C E699 2FF2

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