Update: Pinchas vs. Jordan, Ammons, Lovett - Court Denies Emergency Motion

From: deafsportlawsuit.com - 21 Feb 2003

For Immediate Release

To: The National Sports Associations CISS Nation Members and
Concerned Persons

This is to inform you that plaintiff Mr. Rafael Pinkhasov Pinchas filed his Emergency Motion for Restraining Order before the USA District Court for the District of Maryland, in Baltimore, Maryland USA.

The complete contents of such a Motion and its Supporting Memorandum of Law and Points are published below.

The Court, after reviewing this Motion on an urgent basis, decided to deny it because the Court "has no jurisdiction over a voluntary membership organization ( that is, the CISS ) and that the "Court will not interfere with the internal affairs of a voluntary organization" such as the CISS.

As a result, it is now up to the CISS Congress delegates, pursuant to the CISS Constitution Rule 15, to debate, decide and vote at the 38th CISS Congress session on whether:

1) to admit Mr. Pinkhasov Pinchas as a delegate for Uzbekistan, and

2) to ban the still-uncontitutionally-elected CISS President and Secretary General,Mr. John Lovett and Dr. Donalda Ammons, respectively, from participating at various official CISS activities in Sundsvall, Sweden.

The 38th CISS Congress session is scheduled to start on February 27, 2003, in Sundsvall, Sweden.

www.deafsportlawsuit.com

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THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
******************************************
RAFAEL I. PINKHASOV PINCHAS,
Plaintiff,

vs. Civil Action Number:
WMN-2758-01
JERALD M. JORDAN,
DONALDA K. AMMONS,
JOHN M. LOVETT,
Defendants.
******************************************

EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER
AND SUPPORTING MEMORANDUM OF LAW AND POINTS

INTRODUCTION

1. I am plaintiff and pro se ( "plaintiff" ) in the above-captioned action and pursuant to the Federal Rules of Civil Procedure, Rule 65 ( 2 ) ( b ), I make this Emergency Motion by requesting this Court to issue Temporary Restraining Order.

2. The above-captioned action was commenced by plaintiff on or about September 17, 2001, in which the three individuals - Jerald M. Jordan ( " Jordan" ), Donalda K. Ammons ( "Ammons" ) and John M. Lovett ( "Lovett' ) - were named as the defendants.

3. To date, this lawsuit action is still pending.

FACTUAL BACKGROUND

4. On November 23, 2002, the Sport Organization of the Deaf in the Republic of Uzbekistan ( "SOD" ), which is a full-fledged member of the International Sports Committee for the Deaf ( "CISS" ), nominated plaintiff as its organization's member to be one of its two delegates for Uzbekistan at the 38th CISS Congress ( see EXHIBIT A ).

5. On January 8, 2003, SOD also formally nominated plaintiff, as its member, to the vacant position of the CISS Vice President and for the position of CISS Secretary General during the 38th CISS Congress ( see EXHIBIT B ).

6. On November 18, 2002 and January 18, 2003, plaintiff, through SOD, submitted to the CISS six different proposals to be debated at the 38th CISS Congress. These six proposals are primarily aimed at restoring law and order inside the CISS structure as well as for betterment and advancement of the deaf sports worldwide. These six proposals are as follows:

- to ban the unconstitutionally-elected CISS President from participating at the 38th CISS Congress and Workshop sessions ( this proposal was submitted to the CISS on January 18, 2003 );

- to ban the unconstitutionally-elected CISS Secretary General from participating at the 38th CISS Congress and Workshop sessions ( January 18, 2003 );

- to completely repeal the Rule 7. E of the Deaflympic Games Regulations
( November 18, 2002 );

- to declare ice hockey, nordic skiing and snowboarding as the official and full medal sports at the XVth Deaflympic Winter Games ( November 18, 2002 );

- to accept the "4/2 rule formula" ( i.e., four countries from two regions ) for the World Championships Regulations Rule WC 1 G in order to declare the event as an official World Championship event ( November 18, 2002 ), and

- to officially award to all players of teams from the USA, Lithuania and Greece the gold, silver and bronze medals as the first, second and third place winners of the First World Championship in Women's Basketball held in Athens, Greece, July 19-27, 2002 ( November 18, 2002 ).

7. The 38th CISS Congress is scheduled to take place during the two days of February 27 and 28,2003, in the city of Sundsvall, Sweden ( "Sweden" ). Few hours before the start of such a Congress, there will the 2003 CISS Workshop session. Both these events are expected to be attended by delegates coming from about 50 different countries - the CISS Nation Members.

8. However, on December 20, 2002 and during various days of January and February, 2003, the officials of SOD have received a score of communication messages via the e-mail system from Ammons as the CISS Secretary General and Kelby Nathan Brick ( "attorney" ), who is counsel for Ammons, Jordan and Lovett in this action.

9. Both Ammons and attorney, among the other things, demanded and are still demanding the complete removal of plaintiff as a delegate for Uzbekistan at the 38th CISS Congress. Attorney has also labeled plaintiff as the "persona-non-grata at all CISS events, including the CISS Congress" ( see EXHIBIT C ).

10. Both attorney and especially Ammons, in violation of the CISS Constitution Rules 3. 1, 3.1.11 ( these rules state that the "objects of the CISS are as follows: to promote Deaf Sports without discrimination on the ground of religion, politics, economics, sex or race ") and Rule 15, have intimidatedly and threateningly been pressuring SOD to completely remove plaintiff as their organization's delegate at the 38th CISS Congress.

11. Ammons has also committed the acts of blackmail, coercion and meddling into the internal affairs of an independent national sports organization such as SOD, especially when the Board of SOD released to the world its Letter-Appeal, which was published in the Deaf Today online news service website on February 13, 2003 and in which the Board of SOD strongly defended plaintiff' position as a lawsuit litigant and Uzbekistani 38th CISS Congress delegate ( see EXHIBIT D ).

12. Ammons and attorney also advised SOD officials and others that:

a) SOD will have grave consequences by the CISS ( i.e., SOD's other delegates and representatives will not get an entrance visa to travel to Sweden for the 38th CISS Congress and XVth Deaflympic Winter Games ) in the event SOD refuses to completely remove the name of plaintiff as their delegate at the 38th CISS Congress.

b) plaintiff is "ineligible to represent the nation of Uzbekistan because of his dual citizenship/mixed resident status and because plaintiff is also a resident of New York, USA, and that

c) plaintiff is not permitted to participate in any CISS activities because he "blatantly, deliberately and intentionally violated the CISS Constitution Rule 15 by "suing the CISS and its three officers" (i.e., Jordan, Ammons and Lovett ).

13. On February 16, 2003, there was an e-mail letter sent by attorney to plaintiff, in which, among the other things, attorney advised plaintiff that because plaintiff sued the CISS, he is prohibited to maintain any communication with attorney's "clients, including CISS' officers, directors and employees". On that same day of February 16, 2003, plaintiff swiftly sent his immediate reply to attorney by asking him to answer to his five different questions ( see EXHIBIT E ). To this moment, plaintiff has not received any specific answer from attorney yet.

DISCUSSION AND ARGUMENTS

14. There is no specific rule in the CISS Constitution banning any dual citizen/resident from participation as a delegate for a nation in question at the CISS Congress.

15. In the past there were many cases in the 79-old CISS Congress history when a CISS Congress delegate was himself/herself the dual citizen/resident or mixed citizen/resident.

16. The most notable delegate with his mixed citizen/resident status was Lovett himself. In 1967, at the 19th CISS Congress held in Berchtesgaden, Germany, Lovett was a delegate of Australia, while at the same time he was residing and working in London, Great Britain. Another prominent case of a mixed citizen/resident as early as 2001 was that of Nikolay Klimov, the current President of the Russian Deaflympic Committee. At the last 37th CISS Congress held in Rome, Italy, Nikolay Klimov, still a Moscow, Russia resident, represented as a delegate the nation of Armenia.

17. In spite of the fact that plaintiff was was born, raised and educated in the city of Tashkent, Uzbekistan, and in spite of his family's residences in Tashkent and New York in the last several years, plaintiff is closely attached to Uzbekistan. Plaintiff faced no opposition from the CISS or other officials when he was Uzbekistan's:

a) nominee for the CISS Executive Committee position of Treasurer in 1997;

b) delegate at the CISS Congress sessions in Davos, Switzerland in 1999 and Rome, Italy in 2001;

c) Chief of Mission at the XIXth Deaflympic Summer Games in 2001;

d) representative and delegate at the Asia Pacific Deaf Sports Confederation meetings and Congress in Copenhagen, Denmark in 1997, Davos in 1999, Taipei, Taiwan, in 2000, and Rome in 2001.

18. As for plaintiff's CISS Executive Committee position nomination as Vice President, the CISS Constitution Rule 10.4.3 is a vaguely-applicable rule to this plaintiff, because this plaintiff while a resident of New York, USA, is not a member of National Sports Association of USA. Instead, plaintiff is a member of the National Sports Association of Uzbekistan, i.e., SOD .

19. As for plaintiff's nomination for another CISS position of Secretary General as paid, contractual and non-voting position ( that is in case the 38th CISS Congress delegates approve this newly-described position ), there will be no residence rule requirement for such a position in the CISS Constitution.

20. Since September 17, 2001, when a Complaint was filed against defendants before this Court, Jordan, Ammons and Lovett and attorney have been continuially waging such a misleading and false propaganda to the world by publicizing - both covertly and overtly - that the CISS as an organization is being also sued along with Jordan, Ammons and Lovett through this action by this plaintiff .

21. Defendants are still utilizing such an irresponsible, deceitful and fraudulent strategy - both verbally and via the print - for the following reasons:

a) to garner sympathy and support from all CISS Nation Members;
b) to "paint" plaintiff in a very negative and "anti-CISS " manner;
c) to show the world that it is plaintiff who is the "enemy of the CISS" and who wants to destroy the CISS as an organization by filing the lawsuit against defendants, including the
CISS;
d) to ostracize and shun plaintiff "as a bad deaf guy" from the deaf world sports community.

22. Because of the reasons mentioned on Paragraphs 20 and 21, plaintiff is unjustly labeled by attorney as "CISS persona-non-grata and that plaintiff can not take part in any CISS activities in Sweden, because he violated CISS Constitution Rule 15".

23. The truth, plausibility and facts are, however, these:

a) Jordan, Ammons and Lovett are misinterpreting the contents of the Rule 15 of the CISS Constitution ( such a rule violation was one of the main charges brought up in the Complaint by plaintiff on September 17, 2001);

b) it is Lovett and Ammons themselves, who are the "CISS personas--non-grata" because in 2001 they, through their chicanery and facts concealment, were elected to the positions of the CISS President and CISS Secretary General, respectively, in an unconstitutional manner, i.e., in violation of numerous CISS Constitution Rules, starting with its Rule 7.1.2. Lovett and Ammons are also the CISS "anarchists" because in the last three years - in 2000, 2001 and 2002 - they have committed an aggregate of fifty seven ( 57 ) different violations in the CISS legal system.

24. Jordan, Ammons, Lovett and their attorney continue to mislead the world by telling that the CISS as an organization is also sued by plaintiff in this action. This is in spite of the following facts:

a) plaintiff never named the CISS as a defendant in this action documentally when he filed his Complaint before this Court on September 17, 2001;

b) on September 16, 2002, Jordan, Ammons and Lovett filed with this Court their Motion to Intervene the CISS as a Fourth Defendant;

c) on October 3, 2002, plaintiff filed with this Court his Motion in Opposition.

d) to date, this Court has not ruled on Motion to Intervene the CISS as a Fourth Defendant in this lawsut action yet.

25. Because plaintiff filed lawsuit action against Jordan, Ammons and Lovett and and because plaintiff is the Number One critic the way Lovett and Ammons unprofessionally conduct the daily CISS business, Ammons and attorney are trying very hard and in a vengeful manner these days to disqualify plaintiff from participating at the CISS events, including the 38th CISS Congress, in Sweden.

26. Ammons continues to abuse her position as the CISS Secretary General because she forced SOD to provide Power of Attorney for CISS Congress and Workshop too early, i.e., on November 23, 2002, in spite of the solid fact that the contents in the bottom line of such a Power of Attorney letter clearly state the following,

THIS POWER OF ATTORNEY SHOULD BE COMPLETED, SIGNED AND DELIVERED IN PERSON TO THE CISS SECRETARY GENERAL, IN SUNDSVALL, SWEDEN AT THE TIME OF REGISTRATION FOR CISS CONGRESS/WORKSHOP ( i.e., on February 27, 2003, the first day of the 38th Congress/Workshop in Sweden ).

27. Such a purposeful and intentional act by Ammons, described on Paragraph Number 26, was to find out in advance whether SOD would again nominate plaintiff as its Uzbekistani delegate to the 38th CISS Congress and Workshop as were the cases in 1999 and 2001. Such a strategy by Ammons was that, in the event plaintiff was again nominated as a delegate, to have ample time to work out in finding a way in preventing plaintiff by any means from getting involved as a delegate at the 38th CISS Congress.

28. As a result of the above, immediate and irreparable injury, loss or damage to plaintiff will occur in the event plaintiff will, unlike Jordan, Ammons and Lovett, be denied the opportunity to take part as a delegate at the 38th CISS Congress.

29. Specifically, six different proposals submitted by plaintiff via SOD to such a Congress will be in jeopardy because these six important proposals will not receive due attention, support and passage by the delegates in the absence of plaintiff's participation in it as one of the most articulate, persuasive and influential CISS Congress delegates. These proposals, in plaintiff's absence as a Congress delegate, will also, among the other things, produce the following negative results:

- athletes from many foreign countries competing at the XVth DeaflympicWinter Games in Sundsvall during the days of March 1 and 8, 2003, will be harmed and unhappy because they will not officially receive the gold, silver and bronze medals of the Games because plaintiff-proposed elimination of the Rule 7.E of the Deaflympic Games Regulations will, in plaintiff's absence, not be passed by the CISS Congress delegates;

-law and order will not be restored in the CISS and the CISS as an organization will continue to look bad, legally, morally and publicly because it will still have in power these same unconstitutionally-elected President and Secretary General in office;

30. In addition, plaintiff will suffer the following:

a) in the event the Congress delegates decide to conduct new elections for the CISS Executive Committee offices of President and Secretary General, there will, in plaintiff's absence as a delegate, be no strong, serious and suitable contender to challenge either Lovett and Ammons for these respective office positions during the elections in Sweden.

b) plaintiff will also be denied the opportunity to get elected to the another CISS Executive Committee position of Vice President;

c) plaintiff will, unlike Jordan, Ammons and Lovett, be denied the opportunity to meet and socialize with the foreign and non-English-speaking delegates and explain to each of them in person the genuine contents and aims of his ongoing lawsuit case, including his first hand explanation that the CISS as an organization was never sued by plaintiff.

31. In the sum, by denying plaintiff the opportunity to participate at the 38th CISS Congress as a delegate, on the one side, and by allowing the still-unconstitutionally-elected CISS officials - Lovett as its President and Ammons as its Secretary General to take part at such a Congress, on the other side, will be a huge injustice to plaintiff.

CONCLUSION

For the foregoing reasons, and pursuant to the Rule 65, it is respectfully requested that this Court:

- to grant Temporary Restraining Order to plaintiff by enabling plaintiff , in accordance of the CISS Congress Power Attorney submitted by SOD to the CISS on November 23, 2002, to act as a full-fledged delegate of Uzbekistan at the 38th CISS Congress in Sweden;

- to allow plaintiff have contacts with any CISS officers and employees in Sweden, except the three lawsuit defendants - Jordan, Ammons and Lovett;

- to prohibit Jordan, Ammons, Lovett and their attorney from using and referring the name of the CISS as a defendant in this lawsuit action in any form or manner;

- to issue a separate letter addressed to the 38th CISS Congress delegates in which the Court clearly state the fact that the organization of the CISS is not named as a defendant in this ongoing lawsuit action, and

- for such other and further relief as as this court deem just and proper.

Dated: Queens, New York
February 18, 2003

____________________________
Rafael Pinkhasov Pinchas
Plaintiff and Pro Se

TO: Kelby N. Brick
Attorney for Defendants