(MicHaeL P. ZWEIG
Partner
245 Park Avenve birt 2124074090
tow Yor in 21
LOEB& New Yor NY 10154 Fax 212.208.2582
LOEBue meweig@loeb.com
Via Federal Express
July 24, 2015
The Honorable Justice Ruth Bader Ginsburg
‘Supreme Court of the United States
1 First Street, NE
Washington, DC 20543
Re: Washington v. William Morris Endeavor Entertainment, LLC et al
Dear Justice Ginsburg:
We represent Respondents William Morris Endeavor Entertainment, LLC (‘WMEE"), Jeff
Meade, and Sarah Winiarski (collectively, “Respondents’) in the above-referenced case. We
respectfully submit this letter in opposition to pro se Petitioner Marcus Washington's June 18,
2015 motion for leave to proceed in forma pauperis and application for an extension of time to
file a petition for a writ of certiorari.
Mr. Washington’s application should be denied because, among other reasons, he fails to
demonstrate an entitlement to the relief sought or establish why he needs additional time to file
his petition for a writ of certiorari with this Court. Under Supreme Court Rule 13.5 (which Mr.
Washington himself quotes in his brief), Mr. Washington was required to demonstrate “good
cause" and “set out specific reasons why an extension of time is justified,” and he has failed to
do so. As to Mr. Washington's motion for leave to proceed in forma pauperis, we note that the
USS. District Court for the Southern District of New York sua sponte denied Mr. Washington in
forma pauperis status in a September 5, 2014 Order directing Judgment against Mr.
Washington, holding that any appeal therefrom “would not be taken in good faith.” See
Memorandum and Order, Washington v. William Morris Endeavor Entertainment, LLC et al., No.
10-cv-9647 (S.D.N.Y. Sept. 5, 2014). Mr. Washington then moved for leave to proceed in forma
pauperis before the U.S. Court of Appeals for the Second Circuit, which denied the motion on
March 11, 2015. See Motion Order, Washington v. William Morris Endeavor Entertainment,
LLC et al., No. 14-4328 (2d Cir. Mar. 11, 2015). As with Mr. Washington's appeal below, any
petition filed with this Court would be frivolous, and the motion should therefore be denied
pursuant to Supreme Court Rule 39.8.
The Court may find helpful the following background information: Mr. Washington commenced
an action in the district court on December 22, 2010 against his former employer, WMEE, and
two of its Human Resources employees, Mr. Meade and Ms. Winiarski, asserting claims of
discrimination and retaliation under federal and state law. Respondents successfully moved to
stay the action pending arbitration. In June 2014, the arbitrator, former U.S. Court of Appeals
Judge Timothy K. Lewis, issued an award dismissing Mr. Washington's claims in full and
ordering Mr. Washington to pay Respondents $43,707.60 for, among other things, failing to
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prosecute his claims in good faith; repeatedly violating the terms of the arbitrator's confidentiality
order; and threatening to file illegal and fraudulent commercial liens against Respondents, their
attorneys, numerous federal judges and the arbitrator. On September 5, 2014, the district court
confirmed the arbitral award and issued a filing injunction against Mr. Washington prohibiting
him from, among other things, commencing future actions arising out of his employment with
WMEE and filing commercial liens against the above-listed persons. See Memorandum and
Order, Washington, No. 10-cv-9647 (S.D.N.Y. Sept. 5, 2014). Mr. Washington appealed that
Order, and the Second Circuit dismissed his appeal on March 11, 2015, holding that it "lacks an
arguable basis either in law or in fact.” See Motion Order, Washington, No. 14-4328 (2d Cir.
Mar. 11, 2015),
In his motion papers before this Court, Mr. Washington raises the same, previously rejected
argument that he has raised in other fora: that a “white/'Jewish” conspiracy, of which WMI
competitors, its counsel, and members of the federal judiciary are purportedly members, exists
to prevent him from finding employment in the entertainment industry. See, e.g., Pet. Mot. at 15
(Tilt cannot be disputed that ‘Jews’ of European descent are overrepresented in positions of
power in Hollywood’); id, at 20 (‘no one group should have a monopoly over Hollywood and the
marketplace of ideas—especially those who falsely proclaim to be ‘God's chosen people”). Mr.
Washington's argument is without basis in law or fact; serves only to harass and impugn the
integrity of the lower courts, Respondents, and their counsel; and underscores the frivolous
nature of any petition that Mr. Washington would file with this Court
We respectfully request that the Court deny Petitioner's motion.
Respegtfully submitted,
LQ
Michael P. Zweig
Partner
cc: Marcus Washington (via email & regular mail)
Christian D. Carbone, Esq. (via email)
Ny19502802
(058425-10022
Washington v. William Morris Endeavor Entertainment et al. (15A126) -- Petitioner's Application to Stay Extension to Submit Petition for Writ of Certiorari Pending Resolution of July 18, 2015 Motion to Disqualify Loeb & Loeb LLP, or in the Alternative, Application to Exceed Word Limits Exhibits A thru F [September 10, 2015]
Washington v. William Morris Endeavor Entertainment, LLC et al. (14-4328) -- Emergency Motion for Reconsideration, Or In the Alternative, Motion to Stay Mandate Pending Filing of Petition for Writ of Certiorari in the Supreme Court [March 25, 2015]
Washington v. William Morris Endeavor Entertainment et al. (10 Civ. 9647) (PKC) (JCF) -- Defendants' Letter to Judge Castel to Submit Motion for a Protective Order Against Mr. Washington [November 17, 2014]
Washington v. William Morris Endeavor Entertainment LLC Et Al. (14-4328-CV) - Appellant's Reply To Ex. Motion For Extraordinary Relief From The Second Circuit (December 17, 2014)
Washington v. William Morris Endeavor Entertainment LLC et al. (10-9647) (PKC) (JCF) -- Draft of Appeal to Second Circuit re: Fraudulently Procured Orders of P. Kevin Castel [Handwritten Notes Scanned on October 12, 2014]