Manos dismissed my lawsuit July of 1990 and left me with a very difficult task. I had to prepare my appeal to the Sixth Circuit and prepare a Common Pleas complaint on Common Fraud to be filed in Medina County Common Pleas Court.
Davis and I parted company without much ado. I am sure Davis felt that potentially I could be a problem with regards to his failure to file the Common Pleas action at the time he began to represent me. I personally had expended thousands of hours in the lawsuit and still found the time to work for my employer without missing a single day of work. I had expended thousands of hours working to make a living as well as paying Davis over $15,000.00 in cash for the time he had represented me. When I estimate the cash outlay in addition to Davis' $15,000 fee, I must have spent another $15,000 for depositions, transcripts, copies of documents and travel expenses.
Mike had not contributed a single dollar in any of my pending actions. While he continued to try and find an attorney to represent him, I continued to copy Mike on all my filings with the courts.
When I filed my appeal in the Sixth Circuit, Mihalik and Cantwell filed a cross-appeal seeking to obtain damages against me for my lawsuit.
Manos had denied all the defendants' attorneys sanctions against me since I had a very good case concerning the facts. The fact that Davis did not put my damages in RICO language was primarily the reason Manos had ruled against me. The fact that Manos did not dismiss my fraud complaint with prejudice led me to believe that I could still file that portion of the lawsuit in Common Pleas Court in Medina. I was wrong.
Ironically, when the Sixth Circuit finally ruled against me in my appeal letting Manos' decision stand, the Sixth Circuit allowed Cantwell and Mihalik to be awarded sanctions against me! Cantwell had lied about their damages and the court chose to accept Cantwell's argument instead of my defense of that argument.
Later, in Judge Manos' Chambers with Cantwell's associate, Steven Bolton, Manos tied to convince me not to write this book. Manos told me that if I agreed not to sue Mihalik and his cronies again, Manos would assure me that Cantwell's sanctions would be dropped.
Here I was in Manos' Chambers listening to this hypocrite trying to convince me not to write this book naming the names and identifying the frauds. I asked Manos how much Cantwell could be awarded? $5,000.00? $7,000.00? Maybe even $10,000.00?
I told Manos that these thieves cheated me out of $1.5 Million and $10,000 was neither here nor there!
Manos again tried to convince me that my book might be libel and subject to court actions against me.
I told Manos and Bolton that I was naming the names and writing this book. If I were going to be sued for libel, then I would defend my First Amendment right to print the truth! Everything in this book can be proven by Bankruptcy Court Records or documents obtained throughout the discovery period. I would cross-sue the individuals seeking to prevent the distribution of this book and we would once again be in court. I would be the defendant and they would be the plaintiffs. Then I would begin the discovery process all over again and this time, I would know the truth and be able to tell when the defendants were hiding something!
I told Manos that it was attorneys like Bolton and Cantwell that gave the OTHER 2% OF THEIR PROFESSION A BAD REPUTATION! Manos laughed, but Bolton took offense to this fact.
I left Manos' office feeling very good that day since I had made the commitment to complete this book as a record of the frauds each party committed in the bankruptcy.
Mike had found an attorney in Akron named Donald George that knew a great deal about RICO law. He had a RICO suit pending in the Akron Federal Courthouse and he seemed to be very knowledgeable about RICO.
Since I had not discovered the real estate letter of Dietrich to Beckman until late 1987, George felt that another RICO lawsuit might be brought against the defendants using the real estate damages as our direct damages caused by the conspirators.
Since Dietrich had suppressed the letter to Beckman along with several other documents, which I had later found on my own, our contention was that the Statutes of Limitation did not begin until the fraud was discovered, not when we suspected that a fraud might have been committed.
If you suspect that a fraud had been committed but have no evidence to support that suspicion, you cannot sue on that suspicion.
After several weeks of preparing the RICO Lawsuit, we filed the complaint and I had hoped that Manos would pick up the suit as he had some knowledge about the existing frauds.
Manos declined the suit stating that it was not related to my previously dismissed complaint. Judge Dowd, an Akron federal judge in the same courthouse as White, picked up the lawsuit.
I had never met Dowd, but I was told that Dowd was a "fair judge." This was total bullshit!
The defendants immediately filed their Motions for Summary Judgments stating that the case had previously been dismissed in Manos' court and that we did not have a right to bring the case again in federal court.
Dowd read the Motion for Summary Judgment stating that on the surface of the defendants' Motion he felt them to be "meritorious." However, Dowd would allow me to answer the Motion before arriving at his final decision!
It was as if Dowd had already ruled on the Motion in favor of the defendants yet he wanted to allow me my "legal right" to respond before ruling in their favor. After all, it was the "right thing" for Dowd to do.
When I had explained that the defendants had hidden several documents from me during the first discovery period, the statute of limitations began when I had found the documents to support my complaint. I further stated that the damages directed to me by the defendants was written in RICO language and that I was entitled to sue these individuals because they had chosen to hide the documents which extended their frauds throughout the first lawsuit.
Mike had filed a similar response except that his included the fact that he had not been a part of my first lawsuit in Manos' Court and that the recently discovered evidence was not disclosed to him until shortly before the filing date of his complaint.
Dowd did not accept anything concerning our reasons for filing the RICO action in federal court and ruled entirely against Mike and me.
To add insult to injury, Dowd now allowed sanctions against me in favor of all the defendants because I had filed the suit after Manos had dismissed my first lawsuit with prejudice!
I smelled a rat somewhere in Dowd's reasoning. I knew that Dowd must have known White and perhaps wanted to push this case so far under a rug that no one would ever find it. After all, both Dowd and White were judges in the same courthouse. I decided to research Dowd's background looking for a connection to either Roetzel & Andress or Brouse & McDowell. As Dowd was from the Stark County area, he must have had some exposure with some attorneys in the Akron area when he was practicing law before his judgeship.
The fact that both Brouse & McDowell and Roetzel & Andress had offices near the federal courthouse and probably had cases before Dowd now and again; perhaps Dowd had a "friendly" relationship with the defendants?
It was not long after I began asking questions about Dowd that Dowd announced his recusal from our pending cases!
After ruling in favor of the defendants and granting sanctions against me, Dowd had discovered that he owned stock in the same banking institution that owned Old Phoenix National Bank, one of the defendants in the pending case!
Judge Dowd was a federal judge with a financial interest in the Defendant (He was part owner of Old Phoenix National Bank) ruling in favor of that defendant against a plaintiff with a sizable claim against that Defendant in a lawsuit before him!
When I filed a motion to vacate Judge Dowd's previous decisions and sanctions because of his conflict of interest, Judge Battisti in Cleveland heard my motion and my motion was denied! This left Dowd's prejudiced opinion and order standing!
Judge Battisti was an associate judge of Manos' and he had the reputation of being a very unfair judge. My request for vacating Dowd's biased order against me was denied by Battisti and Battisti said that he had found no reason why Dowd's decision should be vacated.
When federal judges cover the tracks of their associates, it is very difficult for anyone to obtain a fair trial in any court of law. Judges are attorneys that could not make a good living practicing law. They become federal judges because of "political favoritism" when presidents payoff favors that got them elected to that office.
A federal judge is never elected, only appointed. And they are appointed for their entire life!
Once on the court, they can never be fired. They can be impeached, but remember, usually they have to have almost committed murder (and you have to have seen them do it!) before they will be impeached.
Don George and I filed lawsuits in Medina Common Pleas Court at the same time we filed our RICO action in Dowd's court. Mike was given a separate judge to rule on his Common Pleas action. I was given Judge Baird.