Trade Well International v. United Central Bank

Filing 90

Transmission of Motion, Brief in Opposition and Order to Seventh Circuit Court of Appeals re 76 Notice of Appeal. (Attachments: # 1 Motion to Supplement the Appeal Record, # 2 Brief in Opposition to Motion to Supplement the Appeal Record, # 3 Order #89) (lak)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WISCONSIN
-----------------------------------------------------------X
TRADE WELL INTERNATIONAL,
A Pakistan Corporation,
Plaintiff,
Case No. 12-cv-701
v.
UNITED CENTRAL BANK, a
Texas Corporation,
Defendant.
-----------------------------------------------------------X
MOTION TO SUPPLEMENT THE RECORD
NOW COMES, a third-party to this action, Maurice James Salem, of Law Offices of
Salem & Associates PC, (“Salem”) in his pro se capacity who moves this Court for an
order granting him leave to modify the record by supplementing it with the attached four
(4) documents: Exhibits A – D.
1. An appeal is taken from two of this Court’s orders, one dated April 4, 2014, (Doc.
71) and the other dated April 22, 2014 (Doc. 75). The April 4, 2014, order held Salem in
contempt of court and permitted Plaintiff Trade Well International to post a bond for the
sale’s price of Defendant’s property, a hotel. The April 22, 2014, order denied Salem’s
motion to reconsider and prohibited Salem from filing any documents in this district
court.
2. The US Court of Appeals, for the Seventh Circuit, permitted Salem to proceed
with an appeal of said two orders and Exhibit E hereto is the scheduling order. Salem
had moved to supplement the record in the Court of Appeals, but this was not permitted.
Circuit rule 10(b) states: “A motion to correct or modify the record pursuant to Rule
10(e), Fed. R. App. P., or a motion to strike matter from the record on the ground that it is

1

not properly a part thereof shall be presented first to the district court. That court's order
ruling on the motion will be transmitted to this court as part of the record.”
3. This Court prohibited Salem from filing documents in his capacity as counsel for
Plaintiff herein or any other client. Now, Salem comes to this Court in his pro se
capacity, as a third-party, while seeking to vacate this Courts two orders on appeal. In
such a situation Salem should be permitted to file this motion because that is what Circuit
Rule 10(b) requires. Moreover, this Court should wait to see how the Seventh Circuit
will rule in the pending appeal before imposing any more sanctions against Salem.
4. The first document Salem seeks to include in the supplemental record is an email

from the Bank’s attorney stating the sale price of the hotel is $1,200,000.00 Exhibit A.
The second document is Plaintiff’s offer to purchase the property, rather than post a bond,
for $1,300,000.00 Exhibit B, which is $100,000.00 greater than the sale’s price. The
third document is the Bank’s rejecting the offer Exhibit C, and the fourth document is
the Bank stating that the property had already been sold. Exhibit D.
5. In this case, Defendant United Central Bank (“the Bank”) sought sanctions

against Salem for filing a lien because the lien allegedly interfered with the sale of the
subject property two days before a scheduled closing date; see the Bank’s motion to
Strike Lien and other relief (Doc. 56, 57 & 58). The documents Salem seeks to
supplement the record with show two things. First, one of the reasons Salem filed the
lien was his concern that the Bank was self-dealing and making insider deals that may
render it judgment proof or without enough money for all of its creditors. The evidence
that the sale price was $1,200,000, Exhibit A, supports this belief; particular when Salem
showed evidence, in his Declaration in Opposition to strike the lien (Doc. 61), of a two-

2

year old offer, that was still an open offer, to purchase the property for $2,500,000, which
the Bank continued to reject.
6. The second reason to allow this supplemental record is that the reason the Bank’s

counsel sought sanctions against Salem was that the lien filed interfered with a sale.
However, Exhibit D clearly contradiction this claim by counsel for Bank stating that the
property was already sold.
7. These documents could not have been entered into the record because they

resulted after Salem’s motion to reconsider and thereafter, Salem was prohibited from
filing any more documents in this Court.
8. WHEREFORE, Salem respectfully request an order be entered granting him
leave to modify the record by supplementing it with the attached four documents,
Exhibits A – D, together with such other and further relief this Court deems just and
proper.
Dated: May 28, 2014,
Respectfully submitted,
/s/Maurice James Salem,
Law Offices of Salem &
Associates, P.C.
7156 W. 127th Street, B-149
Palos Heights, IL. 60463
Tel. [phone]
Fax [phone]
[e-mail]
CERTIFICATE OF SERVICE
I hereby certify that on May 28, 2014, a copy of the foregoing Motion was served on the
all attorneys of record through electronic means.
/s/Maurice James Salem

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5/13/14,

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RE:Activity in Case 3:12-cv-00701-wmc Trade Well International
v. United Central Bank Order on Motion to Compel
From:
Subject:

Fri, Apr 04, 2014 02:34 PM

Brian P.Thill <[e-mail]>
RE: Activity in Case 3:12-cv-00701-wmc Trade Well International v. United Central Bank Order on
Motion to Compel

To : '[e-mail]' <[e-mail]>
! assume you already know this, but to the extent your client may wish to avail itself of the bond posting route, to be clear, the hotel sales price

was $1,200,000.
Brian P.Thill
Murphy Desmond S.c.
33 East Main Street, Suite 500
P.O. Box 2038
Madison, WI 53701-2038
[phone] (Direct)
[phone] (Fax)
www.murohydesmond.com
CONFIDENTIALITY
NOTICE: This electronic transmission (including any files attached hereto) contains information that is
legally privileged, confidential, and exempt from disclosure. It is intended for use only by the individual or entity named above. If
you are not the intended recipient or an employee or agent responsible for delivering this message to the intended recipient, you
are hereby notified that any disclosure, dissemination, copying, distribution, or the taking of any action in reliance on the contents
of this confidential information is strictly prohibited. If you have received this communication in error, please destroy it, remove it
from your computer and/or network, and immediately notify me byemail. Thank you. Receipt by anyone other than the named
recipient(s) is not a waiver of any attorney-client, work product or other applicable privilege, protection or doctrine.
From: [e-mail] [mailto:[e-mail]]
Sent: Friday, April 04,201411:56
AM
To: [e-mail]
Subject: Activity in Case 3: 12-cv-00701-wmc Trade Well International v. United Central Bank Order on Motion to Compel

This is an automatic e-mail message generated by the CM/ECF system. Please DO NOT RESPOND to this e-mail
because the mail box is unattended.
"'NOTE
TO PUBLIC ACCESS USERS'"
There is no charge for viewing opinions.
U.S. District Court
Western District of Wisconsin
Notice of Electronic Filing
The following transaction was entered on 4/4/2014 at 11:56 AM COT and filed on 4/4/20 \4
Case Name:
Trade Well International v. United Central Bank
3: 12-cv-00701-wmc
Case Number:
Filer:
Document Number: 71
Docket Text:
ORDER denying [55] Motion to Compel preservation of evidence; granting in part and denying in part [56] Motion to Strike
notice of lien and for further relief; granting [68] Motion to Strike inadmissible portions of declaration of Maurice J. Salem.
Attorney Salem held in contempt of court and ordered to pay $500 to clerk of court and defendant's attorneys' fees

,

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5/13/14,1:36

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Re: Activity in Case 3:12-cv-00701-wmc Trade Well International
v. United Central Bank Order on Motion to Compel
Fri, Apr 18, 2014 05:26 PM

From: [e-mail]
Subject:

Re: Activity in Case 3:12-cv-00701-wmc Trade Well International v. United Central Bank Order on
Motion to Compel

To : Brian P.Thill <[e-mail]>
State Farm Insurance declined to issue a bond. Rather than continue seeking a bond my client offers to purchase the hotel for 1.3
million dollars and settle the case.
Maurice James Salem,
Law Offices of Salem & Associates P.c.
Tel. [phone]
Fax. (708) 357·4029
Email; salemlmv((lJcomC<ls1.net
9/ Bennett Avenue
7156 West 127th Street. 8-149
Yonkers,,. Y /0701
N
Palos Heights. 1L. 60463
The information contained in this message and attachments, if any, is
privileged and/or confidential information intended only for the use of the
intended recipient. If the reader of this message is not the intended
recipient, you are hereby notified that any dissemination, distribution or
copying of this communication is strictly prohibited.
If you have received this communication in error, please immediately notify
us by telephone [phone] and delete all electronic copies of this
message and attachments, if any, (without retaining a copy thereof). Please
destroy Of return any printed copies of this message and attachments, if any
via US. Postal Service.
From: "Brian P.Thill" <[e-mail]>
To: "[e-mail]" <[e-mail]>
Sent: Monday, April 14, 2014 10:21:49 PM
Subject: RE: Activity in Case 3:12-cv-00701-wmc Trade Well International v. United Central Bank Order on Motion to Compel
What we also require is:

1.

A recorded copy of the release;

2.

Attaching the Exhibit A referenced therein.

Brian P.Thill
Murphy Desmond S.c.
33 East Main Street, Suite 500
P.O. Box 2038
Madison, WI 53701-2038
[phone] (Direct)
[phone] (Fax)
www.murphydesmond.com
CONFIDENTIALITY
NOTICE: This electronic transmission (including any files attached hereto) contains information that is
legally privileged, confidential, and exempt from disclosure. It is intended for use only by the individual or entity named above. If
you are not the intended recipient or an employee or agent responsible for delivering this message to the intended reciplent, you
are hereby notified that any disclosure, dissemination, copying, distribution, or the taking of any action in reliance on the contents
of this confidential information is strictly prohibited. If you have received this communication in error, please destroy it, remove it
from your computer and/or network, and immediately notify me by email. Thank you. Receipt by anyone other than the named

EXHIBIT
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RE: Activity in Case 3:12-cv-00701-wmc Trade Well International
v. United Central Bank Order on Motion to Compel
From:
Subject:

Brian P.Thill <[e-mail]>

Fri, Apr 18, 2014 06:11 PM

RE: Activity in Case 3: 12-cv-00701-wmc Trade Well International v. United Central Bank Order on
Motion to Compel

To : [e-mail]
Rejected.
Brian P.Thill
Murphy Desmond S.c.
33 East Main Street, Suite 500
P.O. Sox 2038
Madison, WI 53701-2038
[phone] (Direct)
[phone] (Fax)
www.murphydesmond.com
CONFIDENTIALIlY NOTICE: This electronic transmission (including any files attached hereto) contains information that is legally
privileged, confidential, and exempt from disclosure. It is intended for use only by the individual or entity named above. If you are not
the intended recipient or an employee or agent responsible for delivering this message to the intended recipient, you are hereby
notified that any disclosure, dissemination, copying, distribution, or the taking of any action in reliance on the contents of this
confidential information is strictly prohibited. If you have received this communication in error, please destroy it, remove it from your
computer and/or network, and immediately notify me byemail. Thank you. Receipt by anyone other than the named recipient(s) is
not a waiver of any attorney-client, work product or other applicable privilege, protection or doctrine.
-----Original Message----From: [e-mail] [[e-mail]]
Received: Friday, 18 Apr 2014, 5:26PM
To: Srian P.Thill [[e-mail]]
Subject: Re: Activity in Case 3:12-cv-00701-wmc Trade Well International v. United Central Bank Order on Motion to Compel
State Farm Insurance declined to issue a bond. Rather than continue seeking a bond my client offers to purchase the hotel for 1.3
million dollars and settle the case.
Maurice James Salem,
Law Offices of Salem & Associates P.c.
Tel. [phone]
Fax. [phone]
Email: [e-mail]<mailto:[e-mail]>
7156 West 127th Street, B-149
Palos Heights, IL. 60463
The information contained in this message and attachments, if any, is
privileged and/or confidential information intended only for the use of the
intended recipient. If the reader of this message is not the intended
recipient, you are hereby notified that any dissemination, distribution or
copying of this communication is strictly prohibited.
If you have received this communication in error, please immediately notify
us by telephone [phone] and delete all electronic copies of this
message and attachments, if any, (without retaining a copy thereof). Please
destroy or return any printed copies of this message and attachments, if any
via US. Postal Service.
http.r Jwe b. matt.comcast.net/zt

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=1

91 Bennett Avenue
Yonkers, NY 10701

EXHIBIT

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RE: Activity in Case 3:12-cv-00701-wmc Trade Well International
v. United Central Bank Order on Motion to Compel
Fri, Apr 18, 2014 08:15 PM

From: Brian P.Thill <[e-mail]>

Subject: RE: Activity in Case 3:12-cv-00701-wmc Trade Well International v. United Central Bank Order on
Motion to Compel
To : [e-mail]
The hotel is already sold, so we would be unable to do so.

Brian P.Thill
Murphy Desmond S.c.
33 East Main Street, Suite 500
P.O. Box 2038
Madison, WI 53701-2038
[phone] (Direct)
[phone] (Fax)
www.murphydesmond.com
CONFIDENTIALITY
NOTICE: This electronic transmission (including any files attached hereto) contains information that is
legally privileged, confidential, and exempt from disclosure. It is intended for use only by the individual or entity named above. If
you are not the intended recipient or an employee or agent responsiblefor delivering this message to the intended recipient, you
are hereby notified that any disclosure, dissemination, copying, distribution, or the taking of any action in reliance on the contents
of this confidential information is strictly prohibited. If you have received this communication in error, please destroy it, remove it
from your computer and/or network, and immediately notify me by email. Thank you. Receipt by anyone other than the named
recipient(s) is not a waiver of any attorney-client, work product or other applicable privilege, protection or doctrine.
From: Brian P. Thill
Sent: Friday, April 18, 2014 6:12 PM
To: [e-mail]
Subject: RE: Activity in Case 3:12-cv-00701-wmc Trade Well International v. United Central Bank Order on Motion to Compel
Rejected.
Brian P.Thill
Murphy Desmond S.c.
33 East Main Street, Suite 500
P.O. Box 2038
Madison, W! 53701-2038
[phone] (Direct)
(608) 2S7-2S08 (fax)

www.murphydesmond.com
CONFIDENTIALITY NOTICE: This electronic transmission (including any files attached hereto) contains information that is legally privileged,
confidential, and exempt from disclosure. It is intended for use only by the individual or entity named above. If you are not the intended
recipient or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any disclosure,
dissemination, copying, distribution, or the taking of any action in reliance on the contents of this confidential information is strictly prohibited.
If you have received this communication in error, please destroy it, remove it from your computer and/or network, and immediately notify me
by email. Thank you. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product or other
applicable privilege, protection or doctrine.
-----OriginaJ Message-----

From: [e-mail] [[e-mail]

EXHIBIT
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Page 1 of 4

Case: 14-1907

Document:11

Filed 05/13/2014

Pages: 2

Wniteb ~tateg QCourt of ~ppeaIg
jfor t~e ~ebent~ QJ;ircuit
QJ;~ita!lo.
3l1linoiJ!60604
May 13, 2014
By the Court:

1

TRADE WELL INTERNATIONAL,
Plaintiff,

1
1
1
1
1
1
1
1
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and
MAURICE J. SALEM,
Appellant,
No. 14-1907

Appeal

1 States

v.

UNITED CENTRAL BANK,
Defendant-Appellee.

from the United
District Court for

the Western

District of

Wisconsin.
No.3:12-cv-00701-wmc
William M. Conley, Chief Judge.

ORDER
On consideration of the "MOTION FOR VOLUNTARY DISMISSAL OF
APPELLANT TRADE WELL INTERNATIONAL
ONLY" filed by attorney Maurice
James Salem on May 8, 2014,
IT IS ORDERED that the motion is GRANTED, and plaintiff Trade Well
International is DISMISSED as an appellant in this appeal. The appeal will continue
with attorney Salem as the sale appellant.
IT IS FURTHER ORDERED that this appeal shall proceed
briefing schedule is as follows:
1.

The appellant shall file his brief and required
June 16, 2014.

E

to briefing.

short appendix

The

on or before

- over-

Case: 14-1907

Document: 11

Filed: 05/13/2014

Pages: 2

Page 2

No. 14-1907
2.

The appellee shall file its brief on or before July 16, 2014.

3.

The appellant shall file his reply brief, if any, on or before July 30, 2014.

NOTE: Counsel should note that the digital copy of the brief required by Circuit Rule 31(e) must
contain the entire brief from cover to cover.

The language in the rule that "[tjhe disk contain

nothing more than the text of the brief ..." means that the disk must not contain other files, not
that tabular matter or other sections of the brief not included

in the word count should be

omitted. The parties are advised that Federal Rule of Appellate Procedure 26(c), which allows
for three additional days after service by mail, does not apply when the due dates of briefs are
set by order of this court. All briefs are due by the dates ordered.