Exhibit D

AMERICAN ARBITRATION ASSOCIATION

Marcus Washington, Claimant,
V.

Case No. 13 160 01426 12

William Morris Endeavor Entertainment LLC, Respondent.

ORDER

Claimant Marcus Washington's request for a stay, emailed to the American Arbitration Association on February 28, 2014, is denied for the reasons set forth in my Order of that date.

Dated: March 4,2014

SO ORDERED:

AMERICAN ARBITRATION ASSOCIATION

Marcus Washington, Claimant,
V.

Case No. 13 160 01426 12

William Morris Endeavor Entertainment LLC, Respondent.

ORDER

The following Order is entered in the above-captioned arbitration:

1.

On February 25, 2014, five days after my appointment as arbitrator in this

case, I held a telephonic status conference with the parties to assess the state o f the arbitration. The participants included Heather Santo of the American Arbitration Association; Michael P. Zweig and Christian D. Carbone of Loeb & Loeb LLP, counsel for Respondent; and Claimant, Marcus Washington, who is pro se.

2.

From the outset of the call, Claimant was extremely disruptive,

demonstrating no capacity to listen or to restrain himself from interrupting everyone else even after he was afforded an opportunity to be heard without interruption, at one point calling me "crazy" and repeatedly interrupting me and counsel for Respondent.

3.

I assured Claimant that he would be given a fiill and fair opportunity to

make his arguments and to counter those o f Respondent. I explained to Claimant the need for

decorum and the need for all to be heard as a protection of both his rights and those of Respondent. I read aloud and verbatim the Confidentiality Order of February 25, 2014. And I warned Claimant - again and again - that his unruly behavior would not be tolerated. But Claimant persisted.

4.

Ultimately, Claimant's actions made it impossible to proceed in an orderly

manner and I decided to hold separate calls with each party to better understand their current claims and arguments, reserving any decisions until both were fully heard. Neither party objected to my doing so prior to or during the subsequent calls.

5.

I spoke with counsel for Respondent first. Counsel explained that the

previous arbitrator was disqualified pursuant to Rule 16 o f the Employment Arbitration Rules and Mediation Procedures and that Respondent plans to move, on this basis and for reasons associated whh it, to vacate the Partial Final Award of December 17, 2013. Counsel also pointed out that, in the twenty minutes since the call was initiated, Claimant had twice violated the Confidentiality Order by posting prohibited material to his blog, including a reference to me as "this colored arbitrator" and a dare to impose sanctions.

6.

I then spoke with Claimant. I explained to Claimant that his claims are

serious and deserve careful consideration but that he must conduct himself in an appropriate manner as he is acting as his own counsel and is a party to this arbitration. Claimant refused to listen. Claimant insisted that I have no authority to conduct this arbitration; that he w i l l not read, respond to, or abide by any of my orders; and that, despite the previous arbitrator's finding o f discrimination, he plans to file a motion in federal court to have this arbitration "thrown out" (even though, as I explained to Claimant, only a partial award has been entered and this

2

arbitration is, tlierefore, not final; and despite the fact that the United States District Court for the Southern District of New York previously ruled that he is bound by the agreement he signed to have his claims arbitrated and his appeal o f that ruling to the United States Court of Appeals for the Second Circuit was dismissed). I asked Claimant i f there was anything more he wanted to discuss, and he said no.

7.

Having heard fully from both parties on the state of this arbitration, and

finding that both are seemingly dissatisfied with the previous arbitrator's Partial Finding Award, albeit for vastly different reasons, I direct the following:

a.

This arbitration will proceed to conclusion in an expeditious

maimer, and I hereby order both parties to participate in this arbitration in good faith and without regard to the prior anfi-Semidc and recent racist commentary Claimant has posted on his blog in connection with this arbitration (some of which has already resulted in a finding of libel and an award o f $1,000 by the previous arbitrator), although his most recent postings are clearly in direct violation o f the Confidentiality Order and, should they continue, may resuU in a more severe sanction than the penalties referenced in that Order.

b.

Further violations o f the Confidentiality Order or any other orders

in this proceeding may resuh in the dismissal of all claims for abuse of the arbitration process.

c.

Should such violations continue. Respondent may seek to petition

the United States District Court for the Southern District of New York for an order compelling Claimant, pursuant to 9 U.S.C. § 4, to continue in this arbitration in good faith, and i f that petition were to be granted and Claimant were to continue willfully to violate any orders entered in this arbitration or refuse to proceed in good faith, Respondent may then seek to have Claimant

held in contempt o f court for violating that Court's order, thus potentially depriving Claimant o f any forum in which his claims could finally and fully be adjudicated.

d.

Claimant's deliberate violation of the Confidentiality Order is duly

noted and w i l l be assessed in accordance with that Order's terms, as w i l l any further violation, unless it becomes necessary to impose further sanctions as discussed above.

e.

The parties shall submit, on or before Friday, March 14, 2014,

cross motions to vacate the previous arbitrator's Partial Finding Award and respond to the same on or before Friday, March 28, 2014. No replies are permitted. A l l submissions shall be limited to 20 pages, single-sided with one-inch margins, and typed in double-spaced, 12-point, Times New Roman font. Exhibits necessary to consideration of each party's motion may be attached. Any submissions failing to conform to these requirements will be immediately rejected.

Dated: February 28, 2014

SO ORDERED:

Hon. Timothy K . Lewis

4

Exhibit E

M.Washington
From: Sent To: Michael Barnett <mbarnett@loeb.com> Wednesday, March 05, 2014 10:45 A M 'AAA Heather Santo'; CarolPlacella@adr.org Michael Zweig; FRCHoldContact; Christian Carbone RE: Statement From David L. Gregory Regarding December 17, 2013 "Partial Final Award"

Cc: Subject:

Dear M s . Santo and Ms. Placella, Claimant's assertion is wrong, and his email below is the latest in a series of false statements dating to the outset of this matter. Judge Castel's Order merely permits Claimant to file a motion seeking to disqualify Judge Castel and/or Loeb & Loeb. Judge Castel's Order does not stay arbitration proceedings. If and when Claimant files his motion before Judge Castel, Respondent W M E will, among other things, request a stay of further litigation in Federal Court in view of the ongoing proceedings in this arbitration. Respectfully submitted, Michael Barnett From: M.Washington [mailto:humanrights.areamust@gmaii.com] Sent: Tuesday, March 04, 2014 11:35 PM To: 'AAA Heather Santo'; Christian Carbone Cc: Michael Zweig; Michael Barnett; Michael Beck; 'AAA Carol Placelia'; johnsoni@adr.org Subject: RE: Statement From David L. Gregory Regarding December 17, 2013 "Partial Final Award"
Attached, please find the March 3, 2014 Order of P. Ke\'in Castel. This matter is now in the jurisdiction o f the Southern District o f New York.

Maixus

C O N F I D E N T I A L I T Y NOTICE: This e-mail t r a n s m i s s i o n , a n d any d o c u m e n t s , files or previous e-mail m e s s a g e s attached to it m a y contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, y o u are hereby notified that a n y review, disclosure, copying, distribution or use of any of t h e information contained in or attached to this t r a n s m i s s i o n is STRICTLY P R O H I B I T E D . If y o u have received this t r a n s m i s s i o n in error, please i m m e d i a t e l y notify the sender. Please destroy the original t r a n s m i s s i o n a n d its a t t a c h m e n t s without reading or s a v i n g in a n y m a n n e r . T h a n k y o u .

From: AAA Heather Santo [mailto:heathersanto@adr.orq] Sent: Tuesday, March 04, 2014 5:17 PM To: M.Washington; 'Christian Carbone' Cc: 'Michael Zweig'; 'Michael Barnett'; mbeck@loeb.com: AAA Carol Placella Subject: RE: Statement From David L. Gregory Regarding December 17, 2013 "Partial Final Award" Dear Parties, Attached please find an Order issued by Judge Lewis.

1

As a reminder Judge Lewis is the appointed arbitrator and is the only arbitrator with authority over this matter at this time. The parties' comments will be forwarded to Judge Lewis. Sincerely, Heather Santo

Heather Santo Director
American Arbitration Association 950 Warren Ave. East Providence, Rl 02914-1414 T :866 293 4053 F:401 435 6529 E: heathersanto@adr. org
The iiiformalion in lliis transmittal (Lncluding attachments, if any) is pri\'ileged and/or confidential and is intended only for the recipienl(s) listed above. Any review, use, disclosure, distribution or copying of this transmittal is prohibited except by or on behalf of the intended recipient. If you have received thus transmittal in error, please notily me immediately by reply email and destroy all copies of the transmittal. I'hank you.

From: M.Washington [mailto:humanriqhts.areamust@qmail.com] Sent: Tuesday, March 04, 2014 5:10 PM To: 'Christian Carbone'; AAA Carol Placella; AAA Heather Santo Cc: 'Michael Zweig'; 'Michael Barnett'; India Johnson; mbeckPloeb.com: qreqoryd(astiohns.edu Subject: RE: Statement From David L. Gregory Regarding December 17, 2013 "Partial Final Award"
On Februar>' 28, 2014, T informed P. Kevm Castel federal judge who stayed this case in the Southern District o f New York on July 20, 201 1 about the tremendous amount o f fraud that William Morns, Loeb & Loeb L L P and others have engaged in since the inception o f this case and notified him that on March 17, 2013,1 would be filing a Motion to Disqualify, addressing this issue, as well as the .AAA's improper removal o f David L. Gregory after he issued his Award. Until tliis matter is resolved by the Southern District o f New York, this arbitration is stayed and the AA.A nor Lewis has any jurisdiction to decide anything relating to this case. Gregoiy's answer will be e.xtremely helpful in allowing the Southern District o f New York to make a decision on this Motion. As a result, .1 ask tliat the A.AA remain "neutral" and not obstruct justice by pressunng David L. Gregory to not issue a statement explaining his intentions for issuing his December 17, 2013 Partial Final Award. Marcus

C O N F I D E N T I A L I T Y NOTICE: This e-mail t r a n s m i s s i o n , a n d any d o c u m e n t s , files or previous e-mail m e s s a g e s attached to it m a y contain confidential information that is legally privileged. If y o u a r e not t h e intended recipient, o r a person responsible for delivering it to t h e i n t e n d e d recipient, y o u a r e hereby notified that a n y review, disclosure, c o p y i n g , distribution o r use of any of the information c o n t a i n e d in or a t t a c h e d to this t r a n s m i s s i o n is STRICTLY P R O H I B I T E D . If y o u have received this t r a n s m i s s i o n in error, please i m m e d i a t e l y notify t h e sender. Please destroy t h e original t r a n s m i s s i o n a n d its a t t a c h m e n t s without reading or saving in a n y m a n n e r . T h a n k y o u .

From: Christian Carbone [mailto:ccarbone(S)loeb.com] Sent: Tuesday, March 04, 2014 4:47 PM To: AAA Carol Placella (CarolPlacella(g)adr.org) Cc: FRCHoldContact; Michael Zweig; Michael Barnett Subject: RE: Statement From David L. Gregory Regarding December 17, 2013 "Partial Final Award" D e a r M s . Placella,
2

W e h a v e r e c e i v e d t h e m e ssa g e b e l o w f r o m C l a i m a n t p u r p o r t i n g to d e m a n d a s t a t e m e n t f r o m A r b i t r a t o r G r e g o r y r e g a r d i n g t h e i n t e r p r e t a t i o n of his p r i o r o r d e r s . W e respectfully s u b m i t that M r . W a s h i n g t o n ' s d e m a n d is i m p r o p e r and t h a t any r e s p o n s e by A r b i t r a t o r G r e g o r y w o u l d , in light of his r e m o v a l by t h e A A A ' s A d m i n i s t r a t i v e R e v i e w C o u n c i l , be w h o l l y i m m a t e r i a l . W e request t h a t this issue be i m m e d i a t e l y b r o u g h t to t h e a t t e n t i o n of Judge Lewis and that A r b i t r a t o r G r e g o r y be i n f o r m e d , by e i t h e r Judge Lewis or the A A A , t h a t he n e e d n o t c o m p l y w i t h C l a i m a n t ' s d e m a n d . Respectfully y o u r s . Christian D. Carbone Loeb & Loeb LLP 345 Park Avenue NewYorIi, NY 10154 ccarbone@ioeb.coni Tel: 212.407.4852 Fax: 212.937.3683

From: M.Washington [mailto:humanriqhts.areamustg)qmail.com1 Sent: Tuesday, March 04, 2014 1:05 PM To: qreqoryd(5)5tiohns.edu; 1ohnsoni(Q)adr.orq; heathersanto(5)adr.orq: AAA Carol Placella Cc: Michael Zweig; Christian Carbone; Michael Barnett; Michael Beck Subject: Statement From David L. Gregory Regarding December 17, 2013 "Partial Final Award"
Hi David, As you are aware, 1 adamantly opposed your disqualification from this case after you issued your Partial Final Award on December 17, 2013 - not because I agreed entirely with your decision, but due to the fact that it was procedurally improper for the A A A to remove you after you found William Morris liable for discriminating against me m "violation of pertinent federal, state, and local law prohibiting discrimination in employment on the basis of race/' Due to the overall fraud William Morns and Loeb & Loeb L L P have engaged in, 1 have now brought this issue to the attention o f the Southern District of New York. I need a statement from you discussing whether or not you meant for your December 17, 2013 Partial Final Award to be "final with respect to the issues adjudicated in the award." I f not, please explain your October 16, 2013 Order, in which you abruptly "suspended" discovery and prevented an oral hearing from taking place - a violation of my constitutional rights - before issuing the "omnibus final decision," also known as your December 17, 2013 Partial Final Award.

"I thank AAA for forwarding the parties' most recent Motion papers and timely reply thereto. I am confident that I have sufficient evidence to write the omnibus final decision. Claimant's October 15, 2013 submission will not be forwarded to me. All discovery initiatives are hereby suspended. Nevertheless, the parties have the right to file final position statements, with no right of further reply, on or before Friday, November 22, 2013. All filings shall be to the AAA and AAA shall forward submissions to me forthwith." It is so Ordered
3

David L. Gregory Arbitrator
Please provide your statement no later than March 14, 2014. Best, Marcus Washington

C O N F I D E N T I A L I T Y NOTICE: This e-mail t r a n s m i s s i o n , a n d any d o c u m e n t s , files or previous e - m a i l m e s s a g e s a t t a c h e d to it m a y contain confidential information that is legally privileged. If y o u are not the intended recipient, or a person responsible for delivering it to the intended recipient, y o u are hereby notified that any review, disclosure, c o p y i n g , distribution or use of any of the information contained in o r attached to this t r a n s m i s s i o n is S T R I C T L Y P R O H I B I T E D . If y o u h a v e received this t r a n s m i s s i o n in error, please i m m e d i a t e l y notify the sender. Please destroy the original t r a n s m i s s i o n a n d its a t t a c h m e n t s without reading or saving in any m a n n e r . T h a n k y o u .

4

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW Y O R K
M a r c u s Isaiah W a s h i n g t o n

(List the name(s) of the plaintiff(s)/petitioner(s).)

10

Civ.

9647

( PKC ) (

JCF )

- against W i l l i a m Morris E n d e a v o r E n t e r t a i n m e n t L L C (formerly k n o w n a s the W i l l i a m Morris A g e n c y ) , Jeff M e a d e a n d S a r a h Winiarski

AFFIRMATION OF SERVICE

{List the name(s) of the

defendant(s)/respondent(s).')

I,

Qjiintyour

name)

M a r c u s Isaiah W a s h i n g t o n

^ declare under penalty of perjury diat I
Letter to P. Kevin Castel s e e k i n g

served a copy of the attached

(list the names of the documents you sei-ved):

modification of March 3, 2014 Order to resolve various requests, including granting permission to submit add. 55 pgs. to pending Motion for Disqualification due on 3/17/2014, an order staying arbitration due to fraud, compelling Arbitrator to issue statement, etc.

upon all other parties i n this case by (state
mail, overnight express) (list the names and addresses

how you sen>ed the documents, for example, hand e-mail of the people you served):

deliveiy, tO the

following persons

Michael P. Z w e i g and Christian C a r b o n e

of L o e b & L o e b L L P , 500 Park A v e n u e , N e w Y o r k , NY, 1 0 1 5 4 .

o n (date you served the

document(sj)

M a r c h 5, 2 0 1 4

M a r c h 5, 2 0 1 4

Dated

Signature
54 B o e r u m St., Apt. 6 M

Address
Brooklyn, New York

City, State
11206

Zip
646-504-6497

Telephone Number
humanrights.areamust@gmail.com

E-Mail Address

Rev. 01/2013

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