Thompson v. The Florida Bar

Filing 371

SUPPLEMENT to 370 Supplement,, 369 Plaintiff's MOTION to Vacate 368 Plaintiff's MOTION to Vacate 347 Order Dismissing Case Based Upon Newly Discovered Fraud by The Bar, 347 Order Dismissing Case, 368 Plaintiff's MOTION to Vacate 347 Order Dismissing Case Based Upon Newly Discovered Fraud by The Bar (New Evidence of Patent Bad Faith by Bar) by John B. Thompson. (Attachments: # 1 Exhibit Letter to Governor Crist Re Min)(Thompson, John)

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Thompson v. The Florida Bar Doc. 371 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA JOHN B. THOMPSON, Plaintiff, v. THE FLORIDA BAR and DAVA J. TUNIS, JOHN HARKNESS, AND FRANK ANGONES, Defendants. Case No. 07-21256 (Judge Adalberto Jordan) SUPPLEMENT TO PLAINTIFF'S NEW AND VERIFIED MOTION TO VACATE ORDER ON THE BASIS OF THE FLORIDA BAR'S PATENT FRAUD COMES NOW petitioner, John B. Thompson, and hereby supplements his motion, pursuant to Rule 60 (b), Federal Rules of Civil Procedure, to vacate its order dismissing this cause of action because of newly discovered fraud stating: Fraud is a basis for vacating any judicial order, when a party benefiting from that order has engaged in fraud to procure it. Barnaby Lee Min is an assistant Florida Bar prosecutor in the Miami office of The Florida Bar who had to recuse himself over a year ago from the prosecution of Thompson because of a conflict to interest. He was supposed to be insulated fully from the prosecutorial prosecution. Despite this, Mr. Min repeatedly showed up in Dava Tunis' 6-3 courtroom to participate in the prosecution of Thompson. Then, as if to prove the bad faith and rampant prosecutorial misconduct in this case, Barnaby Lee Min, in the midst of the trial of Thompson last week, publicly libeled Thompson with a gross mischaracterization at the "Justice Building Blog" about what 1 Dockets.Justia.com Thompson was doing at the trial and what certain discovery issues in the case were. Min and The Bar got the response they wanted from the legal community when one lawyer reading Min's libel, not knowing it was false, said that this proved that the undersigned was mentally ill. Even if what Min had said was true (no one in the courtroom, including Referee Tunis, could possibly agree with Min's characterizations of Thompson), his decision to weigh in on the case after he had to recuse himself therefrom proves all this court needs to know about the bad faith and prosecutorial animus that Thompson alleged to this court existed and which this court assumed did not exist. Further, a recusal is supposed to mean something. The Bar can't say it is going to isolate the prosecutorial process from Min's influence and then foolishly reveal, by his continued presence at the trial of Thompson that he is still involved in the prosecution up to his eyeballs. Read the attached letter to Governor Crist, and then vacate the order dismissing this case. It was fraudulently obtained by The Bar's assertion that there was no bad faith. Bad faith walked into Courtroom 6-3 in the person of Barnaby Min. It was made clear by Min's public libels of Thompson during trial. These people, Your Honor, aren't just arrogant. They're dumb. I hereby certify that the foregoing has been provided to opposing counsel through the court's electronic filing system, this December 9, 2007. /s/ JOHN B. THOMPSON, Plaintiff Attorney, Florida Bar #231665 1172 South Dixie Hwy., Suite 111 Coral Gables, Florida 33146 Phone: 305-666-4366 amendmentone@comcast.net 2

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