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Iviewit Silicon Graphics Bankruptcy Filing
to Remove Judge Martin Glenn
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK
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In re
GRAPHICS PROPERTIES
HOLDINGS, INC., et al.,
Debtors.
Chapter 11
Case No. 09-11701 (MG)
(Jointly Administered)
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ELIOT BERNSTEIN CLAIMANT-CREDITORS MOTION TO COMPEL THE DISQUALIFICATION OF BANKRUPTCY JUDGE GLENN AND VACATE ORDERS UNDER FEDERAL RULES OF CIVIL PROCEDURE 60, BANKRUPTCY RULE 9024 AND FOR A STAY OF PROCEEDINGS AND OTHER RELIEF IN RELATION TO ORDER SUSTAINING THE OBJECTION OF THE DEBTORS TO CLAIM OF ELIOT I. BERNSTEIN
TO THE HONORABLE MARTIN GLENN
SDNY BANKRUPTCY JUDGE:
I Eliot Bernstein, Creditor and Claimant previously filed an Emergency motion seeking injunctive and other relief in April of 2009, and filed Proof of Claim No. 225 herein, and recently moved for various relief including but not limited to an extension of time to respond to objections to my proof of claim with such objections filed by Special Counsel Ropes & Gray, motion for an adjournment of a hearing on Sept. 15, 2009 for the appointment of counsel to Eliot Bernstein, motion for the determination of conflicts of interest, and other relief now move to compel the immediate Disqualification of SDNY Bankruptcy Judge Martin Glenn, Vacating all Orders of SDNY Bankruptcy Judge Glenn in these jointly administered proceedings specifically including an Order dated September 15, 2009, and for an immediate stay of proceedings pending oversight and assignment of these proceedings to an independent and neutral Judge in accordance with due process and Rules and Codes of Conduct applicable herein.
MOTION TO COMPEL DISQUALIFICATION OF SDNY BANKRUTCY JUDGE MARTIN GLENN 28 USC 455 AND OTHER
SGI, hereinafter the Debtors, herein, filed for Ch. 11 Bankruptcy Protection on April 1, 2009 several months after emerging from a prior Ch. 11 case.
More importantly, however, is that SGI’s filing in Ch. 11 on April 1, 2009 came within 6 days of the filing of a formal SEC complaint by myself against the Intel Corporation announcing a Trillion Dollar fraud to the SEC also involving Debtors SGI as well thru a Company which was mutually owned by Intel and SGI along with Lockheed Martin called Real3d Inc of Orlando, Florida.
That company Real3d Inc. is at the heart and central of a host of investigations and complaints as well as having been under signed NDA with myself and the Iviewit technologies dating back to 1998 or so.
The alleged “sales” transactions between Intel, the Debtors SGI, and Lockheed Martin involving Real3d Inc. were expressly made a part of the Formal SEC Complaint filed on March 25, 2009, 6 days before the SGI bankruptcy on April 1, 2009.
As referenced in my Emergency Motion filed April 9, 2009, In House General Counsel for Debtors SGI Evelyn Ramirez was expressly placed on notice of the formal SEC Intel Real3d Inc and related complaint on March 25, 2009 just days before the Ch. 11 filing herein.
Despite this express notice on March 25, 2009, the April 1, 2009 Ch. 11 filing wholly failed to List the claims of Eliot Bernstein and related claims herein amounting to a Fraud in filing by SGI upon which THIS Court, SDNY Bankruptcy Judge Martin Glenn, was duly noticed.
SDNY Bankruptcy Judge Martin Glenn was further upon direct Notice as of April 9, 2009 with my Emergency filing of the existence of ongoing and open investigations involving multiple federal offices including at the USPTO where Harry Moatz, Director of the OED of the USPTO and a federal official had specifically directed me to file Fraud against the USPTO.
Further, Moatz assembled a team of patent office officials to work with myself to file to remove all former counsel from the applications and respond to outstanding issues to move the IP into a suspended status.
After review of the allegations, the Commissioner of Patents then Suspended various Patent applications herein pending investigation relating to the Trillion Dollar Technologies at issue. Inventor change forms filed to change the fraudulent inventors and certain IP that has falsified inventors were not changeable without an Act of Congress to change existing USPTO privacy policies, Senator Dianne Feinstein has been reviewing these matters, as well as, members of the House Judiciary Committee.
SDNY Bankruptcy Judge Martin Glenn was further placed on express notice of actions by the Office of Inspector General Glenn A. Fine of the US DOJ, pending matters with the OPR of the FBI and the federal whistleblower case of Christine Anderson now heading to trial in the Southern District of NY which my Amended Complaint at the US District Court was marked legally “related” to by District Court Judge Shira Scheindlin.
SDNY Bankruptcy Judge Glenn was further on direct notice that the Debtors SGI had simultaneously moved at the time of filing Ch. 11 on April 1, 2009 to simultaneously Employ as Special Counsel the law firm of Davis Polk Wardell (DPW) and Ropes and Gray, LLP by an application filed on such date by Ropes and Gray, LLP including a Declaration by William Kelly of DPW and that DPW was simultaneously representing the Lockheed Martin Corporation and SGI,
the Debtors herein, both of whom were Equity owners in Real3d Inc which was under signed NDA with my technologies and at the heart of my complaints and investigations herein.
Most shockingly, the Declaration of DPW attorney William Kelly places Mr. Kelly as an Inside Officer at SGI during ALL of the Relevant initial years of the Technologies theft with SGI and Real3d Inc. and later as Outside counsel for SGI while at DPW who simultaneously represents Lockheed Martin, the other Company with Intel at the heart of the Technology thefts with Real3dInc and violations of signed NDAs.
Thus, Clear Facial Conflicts appeared on the Records and Dockets of these proceedings certainly as of the date of my Emergency Motion filing on April 9, 2009 and thus SDNY Bankruptcy Judge Martin Glenn should be charged with knowledge of such conflicts as of at least April 9, 2009.
Additional specified conflicts made in writing prior to the Sept. 15, 2009 hearing which have been knowingly, deliberately and intentionally disregarded as part of the wall of conflicts machinery of RICO activity in legal proceedings include DPW further simultaneously representing Lockheed, SGI owners in Real3d Inc, while also simultaneously representing the Financial Accountants KPMG employed by SGI in this Ch. 11 bankruptcy while further representing other major companies under NDA with my technologies such as CIBC and Morgan Stanley creating conflict within conflict herein.
It is noted for Historical reference at this time that the Formal SEC complaint filed in March of 2009 expressly referenced failures to follow FASB No. 5 and similar Accounting Rules in this Trillion dollar fraud. As of the filing of my Emergency Motion on April 9, 2009, the Nation ( United States ) has heard almost daily reports of Financial Fraud and related investigations after the collapse of Wall Street, the $65 Billion plus Madoff fraud, and $8Billion Stanford fraud and more while Davis Polk Wardell simultaneously represents multiple players in the Wall Street debacle and most interestingly Recruited and Hired back to DPW former head of Enforcement at the SEC Linda Chatman Thomsen who left the SEC under fire for the failures that lead to the $65Billion Madoff fraud. Such facts involving the Madoff and SEC and Linda Chatman Thomsen matter were of such public knowledge that SDNY Bankruptcy Judge Martin Glenn should be presumed to have taken judicial notice herein. Published sources claim that Linda Thomsen was recruited back to DPW in April 2009 shortly after my filings herein.
Many threads tie together several of these financial schemes with the Iviewit technologies and companies, including Madoff, Dreier and Stanford, as pled in my federal RICO case, fully incorporated herein by reference, US 2nd Circ. Docket No. ( 08-4873-cv ) Bernstein, et al. v Appellate Division First Department Disciplinary Committee, et al. and USDC SDNY Docket No. ( 07cv11196 ) Bernstein, et al. v Appellate Division First Department Disciplinary Committee, et al.
FUNDAMENTAL NOTIONS OF DUE PROCESS REQUIRE
INDEPENDENT AND NEUTRAL JUDGE
As noted by the US 7th Circuit Court of Appeals in an appeal of a case coming out of Operation Greylord, a massive FBI investigation into Judicial corruption in Cook County of Illinois, the United States Supreme Court “has observed that “[a] fair trial in a fair tribunal is a basic requirement of due process.” In re Murchison, 349 U.S. 133, 136, 75 S.Ct. 623, 99 L.Ed. 942 (1955); see also McBride, 428 F.3d at 667 (”Fairness of course requires an absence of actual bias in the trial of cases …”).” See, Guest v McCann, http://ftp.resource.org/courts.gov/c/F3/474/474.F3d.926.04-3736.html .
28 USC 455 provides in part as follows: “(a) Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.”
Disqualification is thus mandatory and shall be compelled where “impartiality might reasonably be questioned”.
SDNY Bankruptcy Judge Glenn is required under the federal Rules of Judicial Conduct as follows:
“CANON 2: A JUDGE SHOULD AVOID IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY IN ALL ACTIVITIES
A. Respect for Law. A judge should respect and comply with the law and should act at all
times in a manner that promotes public confidence in the integrity and impartiality of the
judiciary. . . . . . . . . . . . . . . . . . ""
Source of Post and More information
http://iviewit.tv/wordpress/?p=76
Question: How Do you Deal with a Trillion Dollar Patent Theft and Billions upon Billions of Liability to Shareholders and States?
Answer: Ignore it and Hope it Just Goes Away.
More on the Iviewit Trillion Dollar Patent Theft at
www.Iviewit.TV and www.DeniedPatent.com
Crystal L. Cox
Investigative Blogger
