Rowe Entertainment Et Al. v. William Morris Agency Et Al. (98 Civ. 8272) (RPP) (JCF) - Transcript Patterson Hearing Re: Commercial Liens (January 24, 2014)

Case 1:98-cv-08272-RPP-JCF Document 908 Filed 02/05/14 Page 1 of 54
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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK
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ROWE ENTERTAINMENT, et al.,
Plaintiffs,
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v.
WILLIAM MORRIS AGENCY, et al.,
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98-CV-8272 (RPP)
Defendants.
Conference
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New York, N.Y.
January 24, 2014
12:27 p.m.
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Before:
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HON. ROBERT P. PATTERSON, JR.,

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District Judge
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APPEARANCES
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LEONARD ROWE, Pro Se Plaintiff

(Present Via Telephone)
LOEB & LOEB LLP
Attorneys for Defendant William Morris
BY: TAL DICKSTEIN, ESQ.
DENTONS US LLP
Attorneys for Defendants Dentons and Dentons Attorneys
BY: EDWARD J. REICH, ESQ.
RYAN GHISELLI, ESQ.
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SOUTHERN DISTRICT REPORTERS, P.C.
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(In open court; case called)
THE COURT:
MR. ROWE:
THE COURT:
This is Judge Patterson, Mr. Rowe.

Good morning.
I have attorneys here for the William
Morris Agency and I believe -- well, let me hear who's here on
behalf of the William Morris Agency a.
MR. DICKSTEIN:
Your Honor, this is Tal Dickstein,
Loeb & Loeb, for William Morris Endeavor Entertainment,
successor to William Morris Agency.
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MR. REICH:
Good morning, your Honor.
Edward Reich
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from Dentons.
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of Dentons and all of the Dentons attorneys, as identified in
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the papers.
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With me is my colleague Ryan Ghiselli on behalf
THE COURT:
Thank you.
And I wanted to be sure that
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Mr. Rowe had received the papers that you served on him either
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by e-mail or by hand in connection with this application to
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hold him in contempt.
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MR. ROWE:
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THE COURT:
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MR. ROWE:
Are you speaking to me, Judge?

Yes, sir.
Yes, I received some papers on yesterday,
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but if I may, I would like to say something about that I
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received.
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had perpetrated fraud against me on numerous occasions, showing
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that they had violated my civil rights on numerous occasions.
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I also sent to them undeniable proof that they had violated my
I also submitted to Dentons papers showing that they

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civil rights and that they have caused pain and suffering to me
and my family.
I sent them all of that.
They don't respond.
I sent also -- I submitted to the court and to them
evidence of what they have done and how they have committed
fraud upon the court in my case.
to them but to this court, and I received no response from
them.
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I submitted evidence not only
Now I cannot sit idle and allow them to destroy my

family and destroy me and to destroy the light and the legacy
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that I have tried to build for my family.
They wouldn't do
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that.
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violate my constitutional rights based on my race.
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it.
I cannot -- also, I cannot sit idle and allow them to
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THE COURT:
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MR. ROWE:
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THE COURT:
I can't do
Well, Mr. Rowe -Yes, sir.

-- are you aware that the court ordered a
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permanent injunction against you from contacting these
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attorneys about this matter?
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MR. ROWE:
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THE COURT:
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MR. ROWE:
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Let me ask the court this question.

Excuse me.
When they commit fraud against me and the
court do nothing about it, what am I to do?

THE COURT:
On December 6, the court entered an order
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preventing you from filing, in any state or federal court or in
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the public records of any state, county, or municipality, any

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liens or financing statements or UCC statements or security
agreements or finance agreements and affidavits.
of that?
MR. ROWE:
THE COURT:
MR. ROWE:
Are you aware
Let me say this to you, your Honor.

I want to get an answer.
But I'm not getting an answer.
the thing.
won't give me an answer.
See, that's
I have always to provide answers but the court
THE COURT:
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MR. ROWE:
So I'm being railroaded.
Well, you -I have yet to receive an answer from the
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court.
When I send the court proof of fraud being perpetrated
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against me, I get no answer.
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proof to the court that my constitutional rights are being
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violated.
I get no answer when I submit
I get no answer.
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THE COURT:
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MR. ROWE:
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THE COURT:
Mr. -All people want is an answer from me.

Look, Mr. Rowe, you were given a full
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answer in 2005 as to your litigation in this court.
You then
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filed something in 2011, I believe, but it may have been 2012,
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indicating that you felt there had been a fraud on the court,
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and you got a full response to that, denying your motion,
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showing that you had all the means to follow up on any claims
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you had seven or eight years ago.
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determined by the court.
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taken any appeal from the last order, and as a result, when you
Now those issues have been
They've been completed.

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You haven't

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started filing these threats to file a lien against the assets
of your lawyers and the lawyers for other defendants in the
case, they came to court on December 6 and asked for an
injunction for you to stop, in their minds, harassing them, and
on December 6 such an order was signed by the court.
want to know whether you understand that the order of the
court --
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MR. ROWE:
Now I
You want to know if I understand the order
of the court?
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THE COURT:
I haven't finished.
-- that the order of
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the court prevents you from filing any financing statements or
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lien or anything else against these parties.
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been litigated fully.
This matter has
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I also want to know whether you understand that you
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also, in another provision of the order, were ordered not to
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communicate or attempt to contact William Morris Agency or any
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William Morris, WME Partners agent, employee, or Loeb & Loeb or
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Dentons relating to this action.
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MR. ROWE:
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THE COURT:
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MR. ROWE:
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Okay.
Did you understand that?
Yes.
Let me ask you a question, Judge, if
I may.
THE COURT:
I want to be sure you understood it
because -MR. ROWE:
No, I don't fully understand it, but if you

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let me explain, your Honor, if you'd be kind enough to let me
explain, I can explain.
THE COURT:
MR. ROWE:
THE COURT:
MR. ROWE:
All right.
Because I don't fully understand.
I'm going to -Okay.
Let me tell you what I don't
understand, and maybe you can help me out.
THE COURT:
MR. ROWE:
All right.
I don't understand how this court could sit
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around and allow these people to commit the fraud that they
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have committed and say nothing or do nothing about it.
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American citizen, and I can assure you that if I was a white,
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if I was a white citizen, this court would not allow it to be
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done.
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THE COURT:
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MR. ROWE:
I'm an
That's just not so.

Well, you know what, it looks that way to
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me, sir, because when people can call and refer to me as a
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nigger and hide the evidence of it, my own attorney -- and as
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you can see, sir, they are in collusion, in collusion, with the
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defendant in my case.
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THE COURT:
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MR. ROWE:
Mr. Rowe -You'll see that.
Let me tell you
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something.
I've been in front of you for years, Judge
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Patterson, and I had the utmost respect for you.
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this to you.
Let me say
You are very knowledgeable of the law, and I

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still believe to this day that you are a fair individual, and I
don't know why I believe that but I do believe it.
know exactly what they have done to me and to my family.
have destroyed us.
THE COURT:
MR. ROWE:
THE COURT:
MR. ROWE:
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And you
They
Well, I want to -Let me say this, sir, if you don't mind.

Yes, sir.
I'm not going to sit back and allow people
to destroy my children, my life, and my family's life.
I can't
do it.
THE COURT:
Well, Mr. Rowe, let me explain to you
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something.
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not a document that any of the defendants prepared or used.
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is a document which is a result of a computer programming to
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find out how many times -- apparently, to find out how many
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times those bad words were used in communications between
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defendants.
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opinions indicate, were words which are often in rap songs and
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other songs and appeared and would naturally appear with those
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persons who were engaged in the evaluation of artists of
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proposed -- I don't know -- music publications and things of
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that sort, and most of them were attributed to people who were
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shown to have no connection with the concert part of the
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defendants' businesses.
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The document that you have relied on so heavily is

It
Now those bad words, unfortunately, as this case
MR. ROWE:
Okay, Judge Patterson, your Honor, just one

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second, sir.
THE COURT:
No.
Just so you know, furthermore, they
were produced by this electronic discovery company hired by
yourself and your attorneys, and if you wanted to get further
information about that, you had an opportunity to do so by
asking for a further electronic discovery from the electronic
discovery firm.
had the document you're talking about -- excuse me.
Dentons.
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Now nothing of that sort was done.
Dentons
Not
The Gary firm had it and -MR. ROWE:
No, they didn't have it.
I found it on my
attorney's desk when they said that it was found.

THE COURT:
Well, you found it, yes.
I'm not saying
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that you didn't find it.
But in the motion for summary
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judgment that document was found and published to the court.
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The first time I'd ever seen it.
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described them were described to me by the attorneys in open
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court, and your attorneys didn't take any objection to the
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manner in which it was described, and this I think is something
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I think that you didn't fully understand, and continue not to
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understand fully, that this is not a document that was prepared
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by any of the defendants.
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discovery company based on a running of the number of times
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those words appeared in -- what was it, a five-year period? --
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in the defendants' e-mails.
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could see where certain of the concert promoters, the people
And the facts as I've just
It was prepared by the electronic
Now based on that it is true you

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whom I know were involved in scheduling these concerts, their
names do appear with several of these words ascribed to the
conversation, but it never says whether there was a
conversation between -- a statement by, I should say, that
agent or employee or the person who was communicating with
them.
whether the employee of the defendant said anything or whether
it was said to them.
So you don't know anything from that document as to
MR. ROWE:
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You're 100 percent correct.
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You could have said, come forth with the document so we can
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see.
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you got to do is come forward with it and we would know that
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and it would be off the table.
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You know, Judge Patterson, you're right.

But that's easy for you to prove.
If they are from rap lyrics or from movie scripts, all
THE COURT:
But they didn't do that.
Look, but that isn't my job.
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the attorneys to do if they think it is correct.
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ones that have the power.
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MR. ROWE:
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THE COURT:
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MR. ROWE:
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THE COURT:
That's right.
That's up to
They're the
My attorneys committed --
Your lawyers have the power.

You're right.
And your lawyer was the Gary firm.
They
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had the power to do that.
Now it wasn't the responsibility of
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the lawyers here, Dentons, or Loeb & Loeb, to do that, and in
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fact they couldn't do it because they didn't have power to tell
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the electronic discovery people what to do because they didn't

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hire them.
represented you, they no longer had the files.
removed from the case.
ability to do what you suggest.
with the Gary firm.
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And as far as the lawyers who previously
MR. ROWE:
Yes, they are.
They had been
So they at that point didn't have any

So the fault, if any, lies
And they're not being pursued here.

Yes, they are.
I sent you copies of it.
They are being pursued, sir.
THE COURT:
MR. ROWE:
All right.
Well, then --
I sent two copies of it to your office, and
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if you check with your clerk, they will have that, and they
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should have showed it to you.
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THE COURT:
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I haven't gotten anything that I know of
in the file.
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MR. ROWE:
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mail, sir.
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firm.
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I sent it to you by mail, by registered
I sent you a copy of my affidavit against the Gary
THE COURT:
I've got a copy of your affidavit that
does mention that the Gary firm is a co-conspirator, but I --
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MR. ROWE:
A copy of the affidavit, the affidavit that
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I'm filing against the Gary firm, I sent you that, as well as
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an affidavit that I'm filing against Mr. Gary himself, who is
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an agent --
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THE COURT:
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MR. ROWE:
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Monday.
I haven't received those.

Well, sir, I'll make sure you have them by
Matter of fact, I'll e-mail them over to you today.

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THE COURT:
MR. ROWE:
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Oh, well, that's different.

But I most certainly did.
Let me say this.
The Gary firm are just as involved in this fraud as Dentons and
Loeb & Loeb.
fraud as those other individuals.
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THE COURT:
Well, I understand you feel that, but my
point --
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They're just as much guilty of committing this
MR. ROWE:
Patterson.
No, sir, I don't feel it.
Judge Patterson, let me say this.
I know, Judge
Like I said,
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look, I am not as near as knowledgeable, and never will be, of
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the law as you are.
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I know you know.
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THE COURT:
You know they committed fraud in my case.
I don't know because I don't know what had
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transpired, if someone had ordered that the actual e-mails in
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which they felt were pertinent to the case were produced,
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because they never were produced.
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MR. ROWE:
Do you know what they did, Judge Patterson?
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They took my $200,000, they got the evidence that all the
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nigger words had been used, and then they cut a deal with Loeb
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& Loeb and showed them the evidence that it had, and Martin
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Gold, his friends at Dentons, knew they hit the lottery.
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had no choice but to pay whatever they asked, the CAA, because
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they knew what you know, Judge Patterson.
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prevail in front of a jury.
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that.
We
They could never
You knew that.
You told them
Without saying that, you said it numerous times in your

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courtroom on the record, that they couldn't prevail.
I have it
by evidence where you said that in my possession.
what you did, Judge Patterson.
my evidence.
took away the basic right of all Americans, and that is a trial
by jury, but that's not fair what you done.
constitutional rights, Judge Patterson, as well as my personal
rights and my god-given rights, and by doing that, you're
making my family suffer.
But you know
You didn't allow a jury to see
You didn't allow the jury to even view it.
You
You violated my
That's what you're doing.
Now I
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don't know how you can sleep and live at night with what you
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done.
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THE COURT:
Well, because I don't think I did anything
wrong.
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MR. ROWE:
Judge Patterson, yes, you do.
You're a
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very knowledgeable person, and like I said before, I sat in
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your courtroom for five years, and you know for yourself, I
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never missed a hearing, and I had the utmost respect for you.
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THE COURT:
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MR. ROWE:
Well -Because in the five years you did one thing
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that I respected.
You called it like you saw it.
You done
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that.
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you got to summary judgment.
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judgment, you turned a blind eye to all the evidence that say,
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do not divulge to blacks, or black promoter was charged triple
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the amount.
Even when it was against us, I agreed with you, until

Then when you got to summary
We had to pay 50 percent and the whites paid 10

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percent to 0, and no black person in this country of a hundred
years of William Morris has ever been allowed to engage in a
contract with a white artist.
what you did, and destroyed my life.
the sideline and do nothing.
THE COURT:
You turned a blind eye, that's

And you want me to sit by
It never can happen.
Well, just so you understand, I did
nothing -- I did not intend to do anything, and I did nothing,
as far as I know, that was against the law or deprived you of
your constitutional rights --
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MR. ROWE:
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THE COURT:
Judge Patterson --- and I want you to know that, but I
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don't want you to get into trouble on this.
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to get into trouble on this.
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MR. ROWE:
I'm in trouble already, big trouble.
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family's in trouble.
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My life has been halted.
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allowing the jury to hear my case.
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THE COURT:
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MR. ROWE:
I don't want you
My
My children's education have been halted.

You have destroyed our life by not
I understand.
Our lives have already been destroyed.
You
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can't bring any more trouble on me that I already have, sir.
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You can't do it.
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THE COURT:
Well, just a second.
Because that's why
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I'm calling you here, to make sure that you understand the
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scope of this court's order of December 6.
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MR. ROWE:
No, I don't.
Let me say this to you now.

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No, I don't understand it.
I don't understand it at all.
Maybe I need to get an attorney that will help me understand it
because there's a lot of things about this case that I don't
understand.
thing that I studied -- I did when I was in your courtroom,
Judge Patterson, I studied the law.
concerning summary judgment as I know it.
scintilla -- and I know what the word "scintilla" means.
There's no scintilla of evidence for the moving party to
From the time you dismissed my case, it's one
That one
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prevail.
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of evidence?
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about the defendants in my case?
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and say that it wasn't?
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testified at deposition and said blacks are not given the same
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equal opportunities as we are given in their sworn depositions,
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and you turn a blind eye to that?
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not there when you can't find one contract where a black person
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having engaged in a contract with a white, or been allowed to
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by these defendants?
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when you see in front of your eyes a notice that says:
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divulge this information to the black promoters?
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scintilla of evidence there?
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take?
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There must be a scintilla.
Now you know the law
Did we have a scintilla
Was the scintilla of evidence put before you
THE COURT:
Can you answer that honestly
When white promoters themselves
Can you say a scintilla was
Is there a scintilla of evidence there
What do it take?
Do not
Is a
What do it
Mr. Rowe, the difference between what
you're saying and what the law requires me to look at is this:

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What you were just telling me involves conclusory statements.
It is not evidence.
by your attorneys.
MR. ROWE:
THE COURT:
MR. ROWE:
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I have to look at the facts as developed
Judge Patterson -Wait a minute.
Let me tell you.
We submitted 2,650 contracts to you, Judge
Patterson, showing that white promoters pay 0 to 10 percent and
black promoters paid 50.
promoter, sir, for 37 years, and they have never allowed me to
With no exception.
I've been a
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even talk about a white artist.
And I live in America.
And
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Judge Patterson, I have told you this in writing and I'm going
12
to mention it to you again, sir.
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I was 13 years old and he went a thousand miles away and gave
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his life up for this country, and I growed up fatherless
15
because of it.
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you.
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purple -- I have the Purple Heart and the Bronze Star.
18
going to mail them to you, because you need to take a look at
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them.
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old.
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he was glad to do it.
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tell you something.
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me, telling me to keep fighting for our rights, because he gave
24
up his life for the United States of America.
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did.
My father left my house when
I have two medals that I'm going to send to
I have the purple star and I have the bronze -- the

I'm
That's what they presented to me when I was 13 years

My father went away and gave his life, and you know what,
He had no fights about it.
And let me
Every single day I can hear him talking to
That's what he
And he came home to my momma, to me and my mother, with

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his body cut in half, with his neck severed from his body.
That's how he came back to me in Columbus, Georgia.
he had no problem with it.
he thought he was fighting for a just country, where he wanted
me to grow up and have a decent life.
But I know
He had no fights about it, because
Is that what you want me to accept people doing to me
and my family?
I never will.
it.
They are criminals.
I never will.
And I can't do
And you know for a fact that those people are criminals.
That Loeb & Loeb, that Michael Zweig, that
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Marty Gold.
11
He's involved in it.
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were not -- when I look in my kids' face and I see what's
13
happening to them because of what you all have done to me, I
14
can't take it, Judge Patterson, and I'm sorry.
15
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Mr. Gary too.
You know what they have done to us.
They
No, I don't understand what you did on December 6.
don't understand.
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You know what they have done to us.
THE COURT:
Well, let me just say, I'm also a
veteran --
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MR. ROWE:
That's what makes it so puzzling to me.
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That's what's so puzzling.
21
THE COURT:
-- and I respect your father's service.
22
Now let me go back to this, because these orders that
23
I signed on December 6 prevent you from filing commercial
24
liens.
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MR. ROWE:
How can you do that?
How can you do that?

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THE COURT:
MR. ROWE:
I can do that.
You took it to a jury and removed it.
commercial lien can be removed by a jury.
THE COURT:
MR. ROWE:
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I can do that under the law.

Okay.
But why would you do that?
Why
don't you tell them to take it to a jury and get it removed?
THE COURT:
Because this case was closed seven years
ago.
It went up to the Court of Appeals.
maybe more than seven?
I'm sorry.
Was it seven or
Maybe it's almost nine
10
years ago.
11
affirmed the judgment.
12
that there was a scintilla of evidence in your favor.
13
failed there.
14
Appeals.
15
final.
16
But it went up to the Court of Appeals.
They
Your lawyers had an opportunity to show

They
They also filed for certiorari in the Court of
They failed there.
Accordingly, the judgment became
Furthermore, when you relitigated the case in 2012,
17
the judgment has become final, and therefore, the courts have a
18
rule that you're not allowed to relitigate, to relitigate the
19
same issues that were litigated previously in this court, so
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there's got to be an end to things.
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MR. ROWE:
Let me tell you what you said.
Let me tell
22
you what you said from the bench, Judge Patterson, in front of
23
me.
24
must go to a jury, and that way, there's never any questions
25
afterwards.
You said, cases like this are ugly cases.
Cases like this
That's what you said in front of me.

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2
THE COURT:
I think I did say something along those
lines in front of you.
3
4
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MR. ROWE:
I got the record.
you so much evidence about this case.
THE COURT:
MR. ROWE:
That's why I can give

I took it all.
I believe I did say something like that.

But you know what, you refused to do it,
and we wouldn't have had these questions now if you had honored
your word.
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THE COURT:
time.
I didn't have a summary judgment at that
It was an effort to get the parties to settle the case.

MR. ROWE:
You know something, sir, let me tell you
12
something.
They never wanted to settle this case because they
13
don't want that industry to end up integrating.
14
is segregated, Judge Patterson, and you know it.
15
THE COURT:
16
MR. ROWE:
That industry
I don't.
They will fight to the death to keep it
17
segregated.
18
you know that.
19
rights laws of this country, and that's what they are doing,
20
and that's what you have precipitated to let them do.
21
what you have done.
22
THE COURT:
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24
25
They don't want to obey the civil rights laws and

They will pay anything not to obey the civil
That's
Well, then I've done it, and it's been
done, and it -MR. ROWE:
That's why, Judge Patterson, what you're
doing to me is unlawful.
It's unlawful, do you understand?

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THE COURT:
MR. ROWE:
I can't -And, you know, but listen, you wouldn't do
it.
hope you can't expect me to do the same thing.
You wouldn't allow no one to mistreat your family, so I
5
6
THE COURT:
Well, I have no intention of mistreating
your family.
MR. ROWE:
Well, sir, you have done that.
years ago.
mistreated my family.
10
19
You done it
You came here with that summary judgment, you

You would have sent that case to trial
if we had not been African Americans.
11
THE COURT:
12
MR. ROWE:
Your family didn't enter into my -No, I don't want my family to enter into
13
it.
The evidence we presented to you was enough.
14
present you more.
15
when all that's needed is a scintilla?
We couldn't
We presented what, ten boxes of evidence,
16
THE COURT:
Those cases are not decided by the number
17
of boxes that are presented.
18
MR. ROWE:
19
THE COURT:
They presented just as many --
Judge Patterson -They presented just as many documents as
20
you did, and I had to go through them all for months, and I
21
followed up every single lead that you had, and the complaint,
22
and unfortunately, they did not measure up to proof of facts
23
that entitled you to avoid summary judgment in the case.
24
25
MR. ROWE:
blacks?
What about when you see a note that says no
What is that?
That's not violating -- that don't give

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20
me a right to summary judgment?
that over to you now, or e-mail it to you.
to you in summary judgment, a statement by one of the agencies
that said no blacks.
5
6
THE COURT:
I could send you -- I can fax
That is not so.
We presented that
There was never anything
that said no blacks.
MR. ROWE:
I can send it to you, sir, right now,
within the next 15 minutes.
I also can send you a copy of a statement from CAA that says do
I've got a copy of it downstairs.
10
not divulge this information to the blacks.
11
send that as well?
12
THE COURT:
You want me to
That's a different thing, and I went
13
through that, and I went through that and I went through both
14
that and the -- just a second.
15
16
17
18
19
MR. ROWE:
I'd want an explanation if I was you:
do you mean don't divulge to the blacks?

THE COURT:
I went through all that in that opinion
and it was a long opinion, and I can't -MR. ROWE:
Sir, I read your opinion, and you didn't
20
know what you were doing with your opinion, sir.
21
respect to you, you were serving as an attorney.
22
23
24
25
What
THE COURT:
With all due
I never served as an attorney in a case
here in court.
MR. ROWE:
You argued the case for them, and if that
was something that you could not find an excuse for, you
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ignored it.
like I've been living with this case.
this case, sir.
what you done.
me ever since you laid eyes on me in your courtroom.
knew I was fighting for my life, and my family's life.
destroyed all of it.
8
9
You turned a blind eye.
21
I live with your opinion,

I know every inch of
I know every piece of evidence, and I know

I know what you done.
This case has been with

Because I
And you
That's what you did.
Now you know what, I don't understand how you, sir,

could sit in judgment like you do.
And knowing that no one can
10
present to you -- or no one ever presented to you a contract
11
showing where a black promoter has been given the opportunity
12
to engage in a contract with a white artist and you say you can
13
find nothing.
14
business, no black person --
15
THE COURT:
16
MR. ROWE:
In a hundred years that they've been in
I don't think that's so.

I did sign the contract.
I never seen it.
17
I was president -- don't forget now, I was president of the
18
Black Promoters Association, so I know.
19
20
21
THE COURT:
But there were other promoters, black
promoters, who did receive contracts for white persons.

MR. ROWE:
No black promoter, sir.
They always had a
22
white promoter to sign with it and they worked with them.
23
never had a contract with a white artist signed by them.
24
know every inch of the case, sir, and if you could find a
25
contract with a white artist that's signed by a black promoter,

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They
I

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please send it to me.
2
3
22
THE COURT:
case.
Well, I'm not going to relitigate the
It's been over for ten years.

MR. ROWE:
I'm not trying to relitigate it because I
know it won't make no difference to you.
I know that.
Because
I have sent you evidence on top of evidence showing you what
these people have done, and you know what you have never do --
let me tell you this, Marty, Martin Gold and the people at
Dentons said they knew nothing.
You guys have declarations
10
where they stated no derogatory terms existed.
11
over evidence that it did, why didn't you call the court and
12
ask them what are they doing here?
13
THE COURT:
14
MR. ROWE:
15
it's open for them.
16
THE COURT:
17
MR. ROWE:
18
The case has been closed.

Well, it's closed for me all the time but
It's not open for them except when you -It's open right now.
You should have said
it's closed right now when they came in there.
19
20
When I sent you
THE COURT:
No, because what you're trying to do now
is trying to circumvent the final order.
21
MR. ROWE:
22
THE COURT:
I'm not trying to circumvent anything.

The final order approved by the Supreme
23
Court.
Now it's all been litigated and over, and I'm just
24
trying to give you a warning.
25
further trouble by trying to file commercial liens.
I don't want you to get into

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MR. ROWE:
Listen, I did what I'm supposed to do.
23
come to my justice system looking for justice.
did.
found lawyers that came to me and that wanted to take my case,
and when they took my case, we came to you seeking justice for
what had been done to us.
trouble, I'm looking for trouble?
you know what happened?
That's what I
I would never -- I was never seeking trouble.
THE COURT:
I went and
So how can you say I'm seeking

I did it the right way, but
You did everything the right way in the
10
case before me.
I don't have any quarrels with what you did in
11
the case before me that I decided.
12
your filing commercial liens here, because if you do it --
13
MR. ROWE:
14
THE COURT:
15
Judge Patterson, you know what --- if you do it, I have no recourse but to
hold you in contempt.
16
MR. ROWE:
What I'm worried about is
Now I don't want to do that.
You know what, I can't believe that you
17
could go home at night and go to bed and sleep knowing what you
18
have done to me and what you're doing.
19
that.
20
mistreat a human being like you're mistreating me and go home
21
and go to bed and go to sleep.
22
refuse to believe that you could do it.
23
it.
Now I refuse to believe
I believe -- because I couldn't do it.
24
THE COURT:
25
MR. ROWE:
I couldn't
I can't do that.
And listen, I
I refuse to believe
Well -I know I can't.
I wouldn't dream of doing

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it.
THE COURT:
MR. ROWE:
24
Well -What you have seen, what you have witnessed
being done to me.
THE COURT:
Well, forgetting the lien part of it, the
order also requires you not to get into contact with these
attorneys about this case, about anything to do with this case.
8
9
MR. ROWE:
Well, you know what, I'm not going to
contact them any further.
10
THE COURT:
I done contacted them enough.
And they've given me proof here in terms
11
of e-mails that you've sent them and things of that sort and
12
papers that you've sent them -- I don't know whether you did it
13
e-mail or otherwise -- showing that you did contact them, and
14
they're asking me to hold you in contempt and fine you because
15
of this.
16
you, you know, if I have already destroyed your family, that's
17
going to be further destruction to your family.
18
19
Now I want you to understand that.
MR. ROWE:
I don't believe you could do that, sir.
don't believe --
20
THE COURT:
21
assets or anything like that.
22
don't know.
23
Because if I fine
MR. ROWE:
Well, I don't know anything about your

You may have a lot of assets.
Let me say this to you.
You may not
24
believe in a higher power than you, but I do, and let me tell
25
you something, if you do that, sir, you won't be the last,

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25
because there's a higher power than you and there's a higher
power than me, and he knows everything that you're doing and he
knows your heart, he knows what you're thinking, so if you do
that to me, sir, I guarantee you, you'll have to answer for it
to somebody one day.
it for a fact.
to allow you to mis -- continue to mistreat me.
allowed me to see that document on that desk.
allowed me to keep fighting this case.
You will have to answer for it.
I know
Because the god that I pray to, he's not going

That's why he
That's why he
So if you want to
10
mistreat me, Judge Patterson, continue mistreating me, go right
11
ahead, sir, but I guarantee you, you're going to have to answer
12
to somebody.
13
14
THE COURT:
Well, I've always known I have to answer
to somebody, Mr. Rowe.
15
MR. ROWE:
Okay, yeah.
16
THE COURT:
All right.
17
MR. ROWE:
I'm just saying, yeah, my family have been
18
destroyed.
I'm telling you that right now.
19
tell you.
20
that, and they laugh about it.
21
court and laughing about it.
22
THE COURT:
23
MR. ROWE:
I'm not ashamed to
They know you have destroyed my family, they know

They continue lying to this
I don't know that.

All you had to do, all that would have been
24
very simple for you to do is when they sent in declarations
25
saying no derogatory terms was found, why didn't you call a

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hearing and ask them about it, saying, look, I have something
here with your fax ID on it, your fax ID says you have found
something.
4
5
THE COURT:
Now one of the big principles of law is
res judicata, and it isn't spelled R-A-C-E, it's spelled R-E-S.
MR. ROWE:
THE COURT:
I know.
I know what it is.
And that principle of res-judicata applies
in this case, and that's what I'm trying to make clear to you
because --
10
MR. ROWE:
Sir, let me tell you something.
Do you
11
also know this, Judge Patterson, that fraud vitiates all
12
proceedings, fraud vitiates everything in a proceeding?
13
you aware of that?
14
15
16
26
THE COURT:
I am, and you had a ruling on that.
Are
You
got the ruling.

MR. ROWE:
That was not correct.
I proved to you that
17
fraud had occurred.
Not only that, Judge Patterson, you know
18
the fraudulent phone call that came in with their attempted
19
fraud, the law also say that even if fraud had been attempted,
20
it vitiates everything in the proceedings.
21
you that phone call and we had it trans -- we had it looked at
22
by a specialist, and we submitted a report telling you that it
23
had been tampered with, that should have vitiated everything in
24
the proceeding because that was a attempted fraud, but you
25
didn't do it.
When they showed
You looked over it and kept moving on with the

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case.
this --
Not only that, there was still evidence from us during
3
4
THE COURT:
Let me just answer that one.
who committed that fraud.
MR. ROWE:
phone call, not us.
THE COURT:
No one knows
That's the problem.
William Morris is the one to send in the

They submitted it to the court.
That doesn't mean that they were aware it
was fraud.
MR. ROWE:
Well, we could have got to the bottom of
10
it, sir.
11
bottom of it.
12
attorney and everyone else.
13
happened, just like it's easy for you to find out whatever
14
happened in this case.
You're in the position where you could get to the

You've got the FBI at your disposal and the US
15
THE COURT:
16
MR. ROWE:
17
18
27
committed.
It's easy for you to find out what
Call the US attorney.
I welcome it.
This was a civil case.

It's a civil case until crimes were
Crimes have been committed here.
THE COURT:
I don't have the power to call anyone to
19
prove one way or another whether fraud occurred.
20
the parties.
21
I've got to be fair and not show a disposition for one side or
22
the other.
23
The parties have to do it.
MR. ROWE:
That's up to
I have to stay out.
When it comes to me, you're not fair,
24
because every time that you've given an opinion in this case,
25
you give the opinion one-sided.
You give the opinion as though

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you are an attorney for them.
THE COURT:
MR. ROWE:
I only had -That's what you do every opinion.
your opinions.
your opinions and they have told me the same thing.
Read
I have had experts down here in Georgia read
THE COURT:
MR. ROWE:
28
They don't know the facts.

When they read your opinion, they can tell
it's one-sided.
MR. REICH:
Your Honor --
10
THE COURT:
I just want you to know, you can read the
11
opinion, but you've got to know the facts that lead to the
12
opinion in order to evaluate it.
13
MR. ROWE:
Judge Patterson, listen, you know the facts
14
of the case, but there's one thing you also know.
15
inch of this case.
16
every inch of it.
17
crooked attorneys that I have.
18
remember when they started doing it.
I remember when they
19
started meeting with the defendants.
And you know what, let me
20
tell you what you won't ask them to do, Judge Patterson, you
21
would not ask them to do, and I do:
22
tell their side of the story.
23
submit one.
Trust me when I tell you that.

I know what have occurred.
THE COURT:
25
MR. ROWE:
I know
I know those
I know what they done.
Submit an affidavit and
You never request that.
Tell them to submit an affidavit.
24
I know every
Well, Mr. -They won't do it.

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THE COURT:
29
Mr. Rowe, you remind me of something that
my father told me.
veteran of World War Two.
He said, you know, we came back, we marched after Armistice in
World War One, and the story was that a mother was watching the
parade and her son was in the parade.
And so what did she say?
step but my son?
He was a veteran in World War One.
I was a
You remind me of a story he told me.
She said:
Her son was out of step.
Why is everyone out of
And that's what this all reminds me of.
Now the plaintiff's attorney wants to say something,
10
or the petitioner's attorney.
11
MR. REICH:
12
MR. ROWE:
Yes.
Mr. Reich from Dentons.
Thank you.
That reminded me of something else that I
13
heard.
They all said Martin Luther King was out of step.
14
grew up in the south.
15
we celebrate a holiday now every year.
16
turned my back.
17
causing trouble, Mr. King?
18
through there trying to integrate the restaurants and trying to
19
integrate and get you people to accept us without regard to our
20
race.
21
out of step.
And we celebrated his holiday last Monday, this
22
past Monday.
So what you're saying about being out of step,
23
that rang hollow with me, Judge Patterson.
24
step, I may be out of step, but I may be out of step because I
25
will not accept being discriminated against.
They all called him a troublemaker.
Now
He said, listen, I
I heard so many times, why are you always

Down in Columbus, Georgia, he came
Everybody said he was a troublemaker and he was the one
I may be out of
I will not accept

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my constitutional rights being violated.
god-given right to be taken away from me.
that's out of step, I'm out of step, Judge Patterson.
I will not accept my

So yes, sir, if
THE COURT:
Now let me hear from the petitioner's lawyer,
6
7
30
No, that isn't out of step.
Mr. Reich, I believe.

MR. REICH:
Yes.
I'm sorry to interrupt and I -- your
Honor's obviously presiding here and has been very patient and
tolerant with Mr. Rowe and, you know, frankly, this is new to
10
me because I've never, you know, seen or heard anyone, being an
11
attorney or otherwise, talk to a judge like this and show as
12
much contempt for this court as Mr. Rowe has.
13
the court has, you know -- Mr. Rowe has obviously taken a
14
soapbox here and attempted to, you know, notwithstanding your
15
Honor's admonitions, you know, relitigate the case that was
16
decided nine years ago.
17
I think -- and
Frankly, our law firm has been out of this for more
18
than a decade, and it's just, you know, really remarkable that
19
these claims are still going on and being refuted, and I think
20
Mr. Rowe's comments only exemplify his intention to disregard
21
the court's prior -- both the judgment as well as this court's
22
prior orders denying reconsideration or vacatur of the judgment
23
as well as the injunction, and I think the very last thing that
24
Mr. Rowe has said here is quite telling, where he said he
25
simply will not accept what's being done here.
So obviously I

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31
appreciate that the court wants to give Mr. Rowe his
opportunity to be heard.
bit.
our standpoint, what Mr. Rowe has clearly indicated in this
hearing is rather than, you know, accepting and acknowledging
the court's order, he has indicated that it's something that he
simply intends to disregard, and we would ask the court to
proceed with the contempt -- with contempt here.
I believe he has been heard, quite a
Obviously we would, you know -- I think that, again, from
THE COURT:
Well, I want you to state your grounds for
10
what the issues are before the court here today, not what the
11
issues are otherwise, but as to the application you're making
12
to the court, I want you to state your grounds and the basis
13
for it.
14
Any order that the court might issue.

MR. REICH:
Sure, your Honor.
As your Honor mentioned
15
a number of times, the court issued an order on December 6, a
16
detailed order providing for a permanent injunction which
17
precluded Mr. Rowe from various specific acts directed towards
18
the attorneys in this case, both his former attorneys, which
19
we'll call the Dentons attorneys and the Dentons firm, as well
20
as William Morris and William Morris' attorneys, and I'll let
21
counsel for William Morris speak for his own client.
22
I'm here on behalf of Dentons and the Dentons attorneys.
23
order that your Honor entered was very clear.
24
a great deal of time going over the language, making sure that
25
it was precise and not overreaching.
Obviously
The
Your Honor spent

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32
In compliance with the federal rules, that order was
promptly served upon Mr. Rowe.
Shortly after that, Mr. Rowe
carried on with his threats, as he had done prior to the
injunction, which caused Dentons to seek the injunction, by
sending notices of default to each of the Dentons attorneys,
communicating with each of the Dentons attorneys in claiming
that they were in default and that they were obligated to him
and repeating his basic assertions that have been made many
times before that, that they have violated and were violating
10
his civil rights and human rights, everything that your Honor
11
has heard today.
12
give a copy to the court, because this was after we had filed
13
the application for an order to show cause.
14
Martin Gold, among other Dentons attorneys, received an
15
affidavit of Leonard Rowe in support of a
16
hundred-million-dollar commercial lien against Martin R. Gold
17
for fraud and conspiracy.
18
case caption.
19
debtor and identifies Martin Gold and states that this
20
commercial lien and affidavit is being filed against Martin R.
21
Gold and his co-conspirators.
22
being filed but it does appear now that Mr. Gold -- that
23
Mr. Rowe, rather, has carried -- apart from violating the
24
injunction by contacting the Dentons attorneys and by
25
expressing his intent to file liens, appears to have filed a
In fact, Mr. Rowe also served -- and I can
We have -- or
It contained this case, this court's
It says in the front, name and address of lien
It doesn't indicate where it's

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lien.
a copy for the court.
injunction, the application for contempt was filed after the
court signed the order to show cause, Mr. Rowe, again in
violation of the injunction, sent an e-mail to Dentons' chief
executive and chairman seeking to -- seeking this conversation,
or threatening to file his commercial lien and take other steps
unless the Dentons firm, quote, amicably comes to the table.
In other words, Mr. Rowe is clearly seeking to receive -- or
10
seeking to extort a monetary payment from the Dentons firm,
11
from the Dentons attorneys in exchange for his going away.
12
this basis we think that Mr. Rowe clearly has shown his
13
contempt for this court's orders, obviously the order granting
14
summary judgment, the order denying his motion to vacate and
15
the order for a permanent injunction, by, among other things,
16
contacting the Dentons attorneys repeatedly and filing or
17
expressing his intent to file, preparing -- the indication in
18
his papers also that he had prepared these additional liens,
19
clearly with -- done repetitively, clearly done with knowledge
20
of this court's -- the injunction but also the order to show
21
cause on contempt and in disregard of those, so we think at
22
this point the only thing left to possibly do, in order to
23
prevent Mr. Rowe's future violations and to punish him for his
24
repeated violations, is to find him in contempt.
25
Again, we don't know where.
33
He also -- and I also have
By e-mail two days ago, again, after the
MR. DICKSTEIN:
On
Your Honor, Tal Dickstein from Loeb &

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Excuse me.
34
Loeb for William Morris.
I echo what Mr. Reich
said.
charges that Mr. Rowe makes against my client, against my law
firm, Loeb & Loeb, are incredibly serious, and they've been
found to have no basis whatsoever, a final decision affirmed by
the Second Circuit and the Supreme Court.
Mr. Rowe's case is over, as your Honor instructed him and told
him.
I don't want to -- I'm going to be brief here.
The
That part of
Now what this appears to be about is about money.
10
Mr. Rowe is attempting to extort hundreds of millions of
11
dollars from our client, our law firm.
12
November 13th of last year, when he sent affidavits saying
13
that he would be filing these commercial liens and saying this
14
is in exchange for -- he expects recompense for settlement of
15
damages that he claims he suffered in this case, and he's not
16
stopped.
17
As Mr. Reich said, we spent several -- much time here making
18
sure that it was very specific, and Mr. Rowe I think shows that
19
he does understand it.
20
his submissions and other derogatory terms.
21
understands its provisions and he violated them repeatedly and
22
intentionally, and after we appeared before your Honor, I
23
appeared before your Honor on an order to show cause and that
24
order to show cause was served on Mr. Rowe, he sent further
25
communications to my law firm and to our client, William
He started on
Your Honor entered the December 6 injunction order.
He calls it an abusive order in some of

He clearly

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35
Morris, including the CEO Ari Emanuel, and those are in a reply
submission that we filed with the court yesterday and I handed
up a courtesy copy to the court's staff this morning.
And Mr. Rowe is just clearly on a path of destruction.
The train has left the station, and we don't know what else is
going to stop it here other than finding him in contempt.
We're seeking monetary sanctions which are authorized by the
court's Local Rule 83.6 in the form of attorney's fees,
substantial attorney's fees that our client has been forced to
10
incur to defend itself against these baseless accusations, and
11
all of the remedies, your Honor, should be on the table.
12
would renew my request that your Honor make a referral to the
13
criminal authorities, to the US attorney's.
14
they think there have been crimes committed here.
15
do.
16
Wire fraud.
17
a crime, and we think that's already been committed here just
18
by the sending of these threats.
19
your Honor, the criminal authorities, but respectfully, we
20
think it would be more effective if your Honor did it.
21
would certainly carry more weight.
22
familiarity with this.
23
that it's worth their time to bring criminal charges against
24
Mr. Rowe.
25
Mail fraud is one of them.
Let them decide if

We certainly
Extortion, federal crime.
Even the attempting of wire fraud or mail fraud is
We can go to the authorities,
It
Your Honor has more
And then let them decide if they think
So with that, we would, you know -- we do move that

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your Honor hold Mr. Rowe in contempt, impose monetary
sanctions.
than what our clients have been forced to pay in attorney's
fees just after the entering of your Honor's order, the
injunction order on this contempt application.
36
We've asked for $25,000, which is actually less
And finally, we do ask that your Honor refer the
matter to the US Attorney's Office for the Southern District of
New York and the Northern District of Georgia, where Mr. Rowe
resides.
10
Thank you.
MR. REICH:
Your Honor, one additional point.
Given
11
Mr. Rowe's actions and express intentions, we also think it
12
would be appropriate to have the court direct Mr. Rowe to
13
identify each and every governmental entity, court, credit
14
agency, anyone to whom he's either filed a lien with or to whom
15
he has communicated regarding this case and the Dentons
16
attorneys.
17
in our papers, when your Honor issued -- in furtherance of the
18
injunction, we, you know, we indicated the -- we demonstrated
19
the ease by which a lien can be filed and the difficulty by
20
which it can be expunged, and Mr. Rowe is clearly aware of
21
that.
22
he acknowledged that the only way to get rid of those liens is
23
to have a judge and jury make that decision.
24
aware of the significance, of the seriousness of this, and so
25
that we could properly address those, you know, any liens that
As Mr. Dickstein said, this is serious stuff, and
He indicated as much in his colloquy with the court when
So he's clearly

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37
have been filed, we'd ask the court to direct that he identify,
either now or within, you know, a very short period of time,
exactly where he has filed any lien, and beyond that, who he
has communicated with on it, and frankly, we would ask that the
court, should he fail to do so -- we think it would be
appropriate for the court to order a civil confinement until
such time as he has complied with the court's order.
again, we recognize this is not a typical request but it is
also not a typical case, and Mr. Rowe has demonstrated as much
10
And
today.
11
THE COURT:
Well, before I consider your request, I
12
just want to make a record that what you handed up was an
13
affidavit which Mr. Rowe, and Rowe Entertainment against
14
William Morris Agency, addressed to Martin R. Gold as the lien
15
debtor and saying it is being filed.
16
necessarily means it has been filed.
17
I don't think that
Also you handed up a rather lengthy affidavit
18
containing Exhibits A through F.
Let me see if there's
19
anything else.
20
the side of the last page says Exhibit L, Exhibit M, so I
21
can't --
Exhibits A through F.
Those exhibits.
22
MR. REICH:
I think I can help.
23
THE COURT:
And Exhibit K, Exhibit L and M.
24
25
Well,
So maybe
Exhibit F was not the last exhibit in the original.

MR. REICH:
Your Honor, I think I can help here.

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What

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38
we presented to the court and what Mr. Gold received by
certified mail, the envelope cover is copied and is the last
page of this exhibit, is the affidavit filed by -- or that was
sent to Mr. Gold, and it does contain Exhibits A through F.
believe that the references on the side of the letter are
simply copies of prior exhibits.
THE COURT:
I see.
MR. REICH:
In another filing, possibly the summary
In another filing, you mean?
judgment motion in this case or otherwise, but it appears --
10
the exhibits appear to be identified on separate pages in bold
11
letters at the bottom, and it just appears that this Exhibit F
12
consists of copies from a prior submission but that these were
13
different exhibit numbers for that prior submission.
14
don't disagree as to the language of the affidavit.
15
reading that.
16
filed" means that it has been filed or not.
17
indicating what the document says.
18
was one exhibit, the name and address of lien debtor, the
19
affidavit that was with the Exhibits A through F in the single
20
exhibit, in the single document that we handed up today, and
21
the other document was a January 22nd e-mail from Mr. Rowe to
22
Elliott Portnoy and Joseph Andrew.
23
And I
And I was
I don't know for a fact whether "it is being
MR. DICKSTEIN:
I'm just
And just to be clear, that
Your Honor, also just for completion
24
of the record, substantial identical affidavits naming lien
25
debtors were delivered, mailed by Mr. Rowe to attorneys at

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39
Loeb, to Michael Zweig, Helen Gavaris, and to Loeb & Loeb, the
law firm itself, and those are -- as well as William Morris,
and those are exhibits to the declaration, the supporting
papers that we filed on January 16th under the declaration of
Michael Zweig, as well as the supplemental declaration which we
just filed with your Honor yesterday, and that was -- Exhibit 5
to Mr. Zweig's supplemental declaration is the affidavit sent
to Loeb & Loeb.
MR. REICH:
And lastly, your Honor, I apologize again,
10
but the record is voluminous here.
11
Mr. Portnoy on January 21st, again, after the court signed
12
the order to show cause, a notice of default and affidavit of
13
notice addressed to Elliott Portnoy/Dentons LLP, again,
14
indicating or giving notice that Dentons is in default of the
15
opportunity to respond to Mr. Rowe's prior affidavit and he
16
said he is now seeking a default judgment of $500 million.
17
THE COURT:
Mr. Rowe also e-mailed to
I got interrupted by counsel for William
18
Morris and I was trying to make a record that in addition to
19
the affidavit Mr. Rowe served on Mr. Gold that he had served a
20
Mr. Elliott I. Portnoy and apparently Andrew J. -- Joseph J. --
21
I guess that's Joseph J. Andrews, with an offer to resolve this
22
matter dated January 22nd, 2014 at 8:04 a.m., and that was
23
handed up to me during Mr. Reich's original presentation.
24
January 21st e-mail to Mr. Portnoy with a notice of default,
25
that's the day before the offer to settle, and it's an e-mail
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The

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40
containing an attachment, Notice of Default, Affidavit of
Notice.
Mr. Rowe's contact with the attorneys for William Morris and
Dentons, and I guess peripheral to that the notice to
Mr. Portnoy, Elliott I. Portnoy, who is identified by Mr. Reich
as the senior partner of --
MR. REICH:
He's the chief executive of the firm, your
THE COURT:
Of Dentons?
10
MR. REICH:
Yes.
11
THE COURT:
And I think that is incorporated within
Well, it seems to me that what's before this court is
Honor.
12
paragraph 5 of the order for a permanent injunction attempting
13
to prevent Mr. Rowe from contacting or attempting to contact
14
WME or WME partners, agents, or employees, Loeb, Dentons, or
15
any of the attorneys relating in any way to this action.
16
don't think, however, that I should go beyond that because I
17
don't think that we have evidence at this time that Mr. Rowe
18
has violated the other provisions of the order for a permanent
19
injunction, and what I'm concerned about is, one, the relief.
20
It's one thing to hold Mr. Rowe in contempt of the order on the
21
basis of this proof, which is pretty strong proof, but it's
22
another thing to impose financial penalties on him without any
23
knowledge of his finances.
24
wasn't in good financial shape.
25
the case at this point.
At one point I assumed that he

And I believe that's probably
So I'm a little reluctant to impose a

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$25,000 fine.
2
3
41
MR. DICKSTEIN:
Your Honor, if I may be heard on that
point?
THE COURT:
You will.
MR. DICKSTEIN:
THE COURT:
I just haven't finished.
Oh, I'm sorry, your Honor.
And I'm also not willing at this point to
assume that Mr. Rowe has actually filed any liens, so I'm not
going to impose a penalty on him for filing those liens, which
of course would have significant financial implications as far
10
as the defendants are concerned.
11
we do in terms of the fine.
But I haven't decided on what
So I'll hear from you on that.
12
MR. DICKSTEIN:
Thank you, your Honor.
13
On Mr. Rowe's ability to pay the fine, I would just
14
refer your Honor to a Second Circuit decision, Huber v. Marine
15
Midland Bank.
16
decision, explaining that the burden of establishing an
17
inability to pay is on Mr. Rowe here.
18
inability, quote, clearly, plainly and unmistakably.
19
decision goes on to say, the credibility of him is to be
20
weighed in the light of his present circumstances.
21
statements are inadequate to carry this burden.
22
we've seen anything, your Honor, as to Mr. Rowe's finances.
23
would submit that there is evidence that he does have the
24
ability to pay that.
25
Mr. Rowe, our server determined that he lives in a gated
It's 51 F.3d 5 at page 10 of that decision, 1995
He must establish this

The
Conclusory
I don't think
When we attempted to serve process on

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42
community, the St. Ives Country Club, which employs a security
guard, so there's certainly indication that Mr. Rowe has some
financial means, and I would submit it's on him to show that he
has no ability to pay, and there's not been that showing.
5
6
THE COURT:
So there were other addresses though also,
were there not?
MR. DICKSTEIN:
There were, your Honor.
All of
Mr. Rowe -- I should say, I believe all of Mr. Rowe's
communications bear an address -- I'll find it in one second.
10
I believe it was a States Bridge Road address in Georgia.
11
the process server went to that address to -- which I'll get to
12
in just one second.
13
address to serve the order to show cause to Mr. Rowe, he
14
determined that it was in fact a UPS store, and they inquired
15
of the clerk there, who said that Mr. Rowe did not have a box
16
there.
17
on the mailings that Mr. Rowe sent to the various partners at
18
Loeb & Loeb and to William Morris.
19
apparently sending these communications from.
20
investigation of public information, the process server
21
determined Mr. Rowe's true address, which is in Duluth,
22
Georgia, at the St. Ives Country Club.
When our process server went to that
It would show though that that was the return address
23
THE COURT:
24
MR. ROWE:
25
When
say this.
So that's where he was

Upon further
I thought there was a third address.

There is another address, sir.
And let me
I don't know how they can expect me to have the

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43
ability to pay $100 because what they have done, what Loeb &
Loeb have done is conspiring with the other attorney, not only
have been done to me, but, sir, the promoters that you know of,
the black promoters that was involved in this case, as well as
all others, have been put clean out of business because of this
case.
that they owned.
the -- from the pain and the suffering financially that they
have went through from this case.
All of them are destitute.
All have lost everything
Even some have died from heart attacks, from
William Morris, the
10
defendants in this case, as well as CAA, they have put every
11
black promoter out of business.
12
involved in this case, every black promoter that wasn't
13
involved in this case, all are gone.
14
15
THE COURT:
Now wait a minute, Mr. Rowe.
There were
settlements in this case by several of the defendants.
16
MR. ROWE:
17
THE COURT:
18
Every black promoter that was
Right, sure.
And there was a lot of money that was
recovered on those settlements.
19
MR. ROWE:
Let me explain to you, you are 100 percent
20
right, your Honor, but let me explain that to you.
First of
21
all, I sent you proof of how the lawyers took way over half of
22
our money.
23
divided.
24
sir, I had to try to fight this injustice so I spent money,
25
money that I would have had for my family, money that -- we had
I sent you the documentation how the money was
That's number one.
The other money that I received,

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44
to appeal, we had to keep fighting, because we knew that we had
not received justice.
had.
they walked away with that millions that they got from Williams
Morris, their payoff money.
they kept walking.
doing that, it evaporated.
family, sir.
had to take it.
10
11
12
The lawyers charged us everything we
Loeb & Loeb and Dentons, they throw us under the bus and
They throw us under the bus and
So I had to keep fighting, sir.
So by me
Everything that I had for me and my
The lawyers didn't have anything for me, sir.
THE COURT:
If you spent it all, that's your business.
That's not my business.

MR. ROWE:
There was a lot of money.
If I didn't appeal, you would have said,
13
you should have appealed it, Mr. Rowe, that's what you're
14
saying, and I know that, so I never wanted that to be said to
15
me, that you haven't appealed for the wrong that was done.
16
didn't want that.
17
was as corrupt as it is.
18
matter what evidence I put to the appellate court, they're
19
going to turn a blind eye to it, as this court did.
20
know that.
21
have spent my family's money, money that I had, the little of
22
it that my lawyers didn't cheat me out of.
23
out of me, sir, as you can see from the e-mails, and they came
24
back and said nothing was found.
25
derogatory words was found, Mr. Rowe, but that was from movie
I didn't know that the system in New York

I didn't know that.
I didn't know that.
I didn't know no
I didn't
Had I known it, I wouldn't
They took $200,000
They didn't tell me that some

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45
scripts, that was from rap records.
They said like they said to this court, nothing was found, till
I called, until I sent it to the court.
THE COURT:
They didn't say that.
Now, Mr. Rowe, that brings me back to what
I tried to explain to you in the beginning.
That document, 31,
is not a document that was in any file of the defendants.
was created from a run specially designated to locate any
mentions of names.
MR. ROWE:
10
THE COURT:
11
MR. ROWE:
That's not a document of the defendants.

Judge Patterson -Just a second.
What I'm not aware of is this, an e-mail to
12
go along with those words, showing that they're from rap
13
records.
14
15
16
17
THE COURT:
That was up to your attorneys to do.
If
your attorneys wanted to do it, they had to do it.

MR. ROWE:
We tried to do it, sir, but you wouldn't
allow us.
18
THE COURT:
19
MR. ROWE:
That isn't so.

Judge Patterson, I can show you what we
20
presented to you in court and you wouldn't allow it.
21
wouldn't allow it.
22
It
THE COURT:
You could always do that.
You
You might have
23
had to bring it on in a motion for reconsideration based on
24
newly discovered evidence or what have you, but you could
25
always do it.
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1
2
3
4
5
MR. ROWE:
Well, I'll file a motion for that, newly
discovered evidence in the case then.

THE COURT:
You haven't got newly discovered evidence
because you haven't done those runs.

MR. ROWE:
Now --
Sir, what this court's saying, let me see
these e-mails so we can show it's from rap music.
with that?
THE COURT:
I'm the trier of facts.
10
investigation for you.
11
for you and I'm not supposed to.
12
MR. ROWE:
13
THE COURT:
15
What's wrong
That's for your attorneys, not me.
14
46
Now
I'm not supposed to do the

I'm not going to do the investigation
Now --
Sir, can I ask one last question.

I want to get back because -- yes, you can
ask a last question.

MR. ROWE:
Let me say this.
When my former attorneys
16
sent perjurous declarations over to the court stating that not
17
a derogatory word was found, what would have been wrong with
18
ordering them to enter court so they can explain why would they
19
say that when it clearly was found and you can see the fax ID
20
at the top of that document?
21
that to the court.
22
order a hearing.
23
order a hearing now.
24
25
They should have had to explain
But you didn't order them.
You didn't
I mean, I should have received -- you didn't
THE COURT:
This is a matter of law.
Now evidence has
a means, a means in the law, and it has to be a document that

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was generated by the parties.
referring to wasn't generated by any party in the lawsuit.
was generated by your employee, the electronic discovery
people, so it wasn't evidence.
47
This document that you're

It
Now I've heard this.
Now I've got to ask you a question about your
finances.
live in this gated community that the attorneys say that you
live in, is that correct?
I've got to ask you about your finances.
MR. ROWE:
Now you
That's where my wife lives, sir.

My wife lives there, sir.
I don't
10
live there anymore.
My wife and
11
I -- because of this situation, sir, my wife and I have
12
separated and she live there.
13
over a year and a half ago.
14
THE COURT:
15
MR. ROWE:
So that's why I did stay here,
Who owns the house?

Judge Patterson, my wife owns it.
You can
16
check the deed on the house and you can see my wife's name is
17
there alone, not mine.
18
to have money when they put me out of business?
19
worked in years, nor any other black promoter, so what you're
20
asking is something you should be able to expect.
21
22
23
THE COURT:
Judge Patterson, how do you expect me

I haven't
Well, you spent money on publishing a
book, too.
MR. ROWE:
Sir, I had help with that because people
24
know what had happened in this case.
I'm not the only person
25
that knows what happened in this case.
I'm not the only person

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48
knows that we was railroaded.
country believe that we was railroaded in this case.
didn't have a penny to do that.
of this case and we are still trying to do that because of the
criminals that is sitting in your courtroom now, because of
them, those type of people, that's why they came to my aid.
THE COURT:
A lot of people across this

So sir, I
People came to my aid because
So these are two attorneys that have
nothing to do with the prosecution, or the defense of your
case.
10
MR. ROWE:
I have to disagree, sir, because they're
11
now representing them, and when they represent them, they
12
become a part.
13
THE COURT:
14
different.
15
case.
16
They're representing them.
That's
They're different people than were involved in the
MR. ROWE:
Why aren't Michael Zweig and Martin Gold
17
here?
You know why, because they want to stay off the record.
18
That's why.
19
come down and speak?
20
They should come.
THE COURT:
I'm speaking.
Why don't they
Well, I've got to make a determination.
21
I've got to make a determination as to your ability to pay a
22
fine.
23
next --
24
25
Now do you want to file something with the court in the
MR. ROWE:
Yes, I would.
Whatever you want to be
filed, sir.
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THE COURT:
MR. ROWE:
you at the end of next week.
you suggest I should file.
5
6
7
THE COURT:
49
Do you want to do that next week?

Yes, sir, I'll do that.
I'll give it to
Whatever you think or whatever
A statement of your financial assets and
liabilities.
MR. ROWE:
I'd be glad to do that, sir.
Sir, let me
say to you, I've been depleted financially, I've been ruined
financially because of what had happened to me in your court, I
10
might add, because of what happened.
How could I have money?
11
Like I said earlier, not only me, all black promoters are out
12
of business.
All of them, sir, with no exceptions.
13
THE COURT:
Well --
14
THE CLERK:
Mr. Rowe, that's by January 31st.
15
MR. ROWE:
16
THE CLERK:
17
going to file that?
18
MR. ROWE:
19
THE COURT:
20
MR. ROWE:
21
MR. REICH:
I beg your pardon?

That will be by January 31st, you're
What day is January 31st?

That's next Friday.
That would be fine, sir.
Your Honor, if I could, as long as you're
22
giving Mr. Rowe leave to make a submission here, I think it
23
would be appropriate under the circumstances to also direct him
24
to include in his submission, have him -- direct him to
25
identify any courts or agencies or governmental entities or

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50
other third parties to whom -- with whom he has either filed a
lien or any other document relating to the petitioners here or
has communicated with in violation of the injunction.
extent your Honor expressed concern about whether that was
something that was fully demonstrated, Mr. Rowe is here and
he's had the opportunity to rebut that assertion and --
THE COURT:
Well, let me ask you a question.
To the
Wouldn't
you get automatic notice of a commercial lien being filed
against you?
10
11
12
MR. ROWE:
Yes, sir, they would.
Yes, sir, they
would.
MR. REICH:
I don't know that I would, number one, and
13
I don't know where he intends to file these things.
I think
14
not, frankly.
15
you only find out you have them when you do a lien search.
I think sometimes I know when liens are filed --
16
Also, the injunction, Mr. Rowe had threatened to
17
report to credit agencies, that he would communicate with
18
credit agencies or rating agencies or other parties that
19
Dentons and Dentons attorneys and I suppose William Morris also
20
is indebted to him in the amount of a hundred million or
21
$500 million.
22
finding out unless such a search was done.
23
that -- it is certainly clear that he is prohibited from doing
24
that by the injunction.
25
do -- if he either has or intends to do so, particularly in
That's something that we would have no way of

I think the notion
The notion that if he still intends to

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light of everything that's been going on today, manifests a
clear intention of Mr. Rowe to disregard this court's order.
THE COURT:
51
When I began this hearing, I wanted him to
be aware of the consequences of doing that and be sure that he
was aware of it.
filed a commercial lien, I don't think that I should order him
to get into that aspect because he came here in connection with
violation of paragraph 5, and it seems to me you're trying to
broaden it, and I understand why, because you're representing
10
your client, but you're trying to broaden it to a violation of
11
paragraph 1 of the December 6 order, and I don't think that I
12
should do that because it could well be that he might need a
13
chance to rethink the situation and withdraw anything that he
14
filed.
Now without evidence that he has actually
15
MR. REICH:
Well, then your Honor --
16
THE COURT:
And if he does, you'll probably get notice
MR. REICH:
Well, then your Honor, I would make a
17
18
19
of that.
separate request or ask that the court --
20
THE COURT:
And you can do a search for liens.
21
MR. REICH:
Well, I mean, we're here, your Honor, for
22
the hearing.
You know, I would either -- whether it's
23
procedurally part of this motion or is a separate request, I
24
would ask that the court direct him to identify and state
25
whether he has done anything else in violation of the

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52
injunction and to describe what it is.
Or the court can do it
sua sponte, of course.
sworn in right now and I be afforded the opportunity to ask him
those questions directly.
that he's either done or hasn't done or intends to do or
doesn't intend to do, and I think in connection with everything
that's been going on here, I think it's not unfair to ask him
to provide that information.
THE COURT:
Alternatively, I'd ask that Mr. Rowe be
This is not -- this is something
Well, you're asking for it at the same
10
time you're asking for criminal contempt and suggesting that
11
criminal contempt has occurred and ask it to be referred to the
12
United States Attorney's Offices in Georgia and in the Southern
13
District, and I'm a little reluctant, on the implications of
14
what you're asking me to do are in terms of possibly causing
15
self-incrimination and showing that Mr. Rowe has no attorney at
16
this time and I would probably have to give him Miranda hearing
17
with warnings, etc., if I follow your proposal, so I'm not
18
inclined to follow that.
19
I do think I have to make a finding that he is in
20
contempt of paragraph 6.
Now what the penalties should be is
21
another matter, and that's why I'm asking for the affidavit of
22
assets and the liabilities so that I don't impose something
23
that is unfair.
24
necessary fine, necessarily.
25
of December 6, 2013.
The holding in contempt does not have any

I meant paragraph 5 of the order
I think I said paragraph 6.

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So I just

E1o1rowc
53
don't want to do something if I don't think there's sufficient
evidence at this time to impose.
contempt for violating paragraph 5 on the basis of the e-mails
and other documents he's mailed or e-mailed to the Loeb & Loeb
and Dentons attorneys and partners, I'm going to wait and see
what Mr. Rowe supplies me with.
So although I'll hold him in
MR. REICH:
THE COURT:
Thank you.
All right.
I guess that completes this hearing.
10
MR. REICH:
Thank you very much, your Honor.
11
MR. ROWE:
Your Honor, I'll have something over to you
12
by next Friday.
But I can assure you that the defendants in
13
this case have defrauded me out of everything I ever owned or
14
that I possessed.
15
by next Friday.
So I will have that information over to you
16
THE COURT:
All right.
17
MR. DICKSTEIN:
Your Honor, I'd just make a request
18
that we be given another week to respond to Mr. Rowe's
19
submission if required, that we have another week.
20
THE COURT:
Send over a packet in a week or so.
22
MR. REICH:
23
THE COURT:
All right.
24
THE CLERK:
That will be by February 7th?
25
MR. REICH:
Sounds right.
21
But --

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2
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That will be by February 7th for the
THE CLERK:
defendants?
THE COURT:
All right.
February 7th for any
contrary submission.
MR. REICH:
Thank you very much, your Honor.
THE CLERK:
Thank you, Mr. Rowe.
MR. ROWE:
THE COURT:
Thank you.
Thank you.
o0o
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(212) 805-0300
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Rowe Entertainment Et Al. v. William Morris Agency Et Al. (98 Civ. 8272) (RPP) (JCF) - Transcript Patterson Hearing Re: Commercial Liens (January 24, 2014)

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Rowe Entertainment Et Al. v. William Morris Agency Et Al. (98 Civ. 8272) (RPP) (JCF) - Transcript Patterson Hearing Re: Commercial Liens (January 24, 2014)

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Case 1:98-cv-08272-RPP-JCF Document 908 Filed 02/05/14 Page 1 of 54

UNITED STATES DISTRICT COURT

ROWE ENTERTAINMENT, et al.,

HON. ROBERT P. PATTERSON, JR.,

LEONARD ROWE, Pro Se Plaintiff

Case 1:98-cv-08272-RPP-JCF Document 908 Filed 02/05/14 Page 2 of 54

(In open court; case called)

This is Judge Patterson, Mr. Rowe.

Morris Agency and I believe -- well, let me hear who's here on

behalf of the William Morris Agency a.

Your Honor, this is Tal Dickstein,

Loeb & Loeb, for William Morris Endeavor Entertainment,

successor to William Morris Agency.

Good morning, your Honor.

of Dentons and all of the Dentons attorneys, as identified in

With me is my colleague Ryan Ghiselli on behalf

And I wanted to be sure that

by e-mail or by hand in connection with this application to

hold him in contempt.

Are you speaking to me, Judge?

but if I may, I would like to say something about that I

had perpetrated fraud against me on numerous occasions, showing

that they had violated my civil rights on numerous occasions.

I also sent to them undeniable proof that they had violated my

I also submitted to Dentons papers showing that they

SOUTHERN DISTRICT REPORTERS, P.C.

Case 1:98-cv-08272-RPP-JCF Document 908 Filed 02/05/14 Page 3 of 54

I sent them all of that.

They don't respond.

I sent also -- I submitted to the court and to them

fraud upon the court in my case.

to them but to this court, and I received no response from

I submitted evidence not only

Now I cannot sit idle and allow them to destroy my

that I have tried to build for my family.

violate my constitutional rights based on my race.

I cannot -- also, I cannot sit idle and allow them to

Well, Mr. Rowe -Yes, sir.

permanent injunction against you from contacting these

attorneys about this matter?

Let me ask the court this question.

court do nothing about it, what am I to do?

On December 6, the court entered an order

preventing you from filing, in any state or federal court or in

the public records of any state, county, or municipality, any

Case 1:98-cv-08272-RPP-JCF Document 908 Filed 02/05/14 Page 4 of 54

liens or financing statements or UCC statements or security

agreements or finance agreements and affidavits.

Are you aware

Let me say this to you, your Honor.

won't give me an answer.

I have always to provide answers but the court

So I'm being railroaded.

Well, you -I have yet to receive an answer from the

When I send the court proof of fraud being perpetrated

against me, I get no answer.

proof to the court that my constitutional rights are being

I get no answer when I submit

Mr. -All people want is an answer from me.

answer in 2005 as to your litigation in this court.

filed something in 2011, I believe, but it may have been 2012,

and you got a full response to that, denying your motion,

you had seven or eight years ago.

determined by the court.

Now those issues have been

They've been completed.