9 thoughts on “We’re hoping our Lousiana based readers can shed some light on these docs involving Judge Haik”

  1. Unfortunately, I’m in the middle of something, but I will shed some light a little later today.

  2. To All: I can shed little light on Judge Haik and his relationship with Fayard. However, before assuming the Federal Bench, Haik was a plaintiffs’ lawyer of questionable ethics and lineage. His personal relationship with Fayard (lie down with dogs, and one catches fleas) says all that needs to be said about him. If I recall correctly, he was very “close” to some monkey business in the Western District a few years ago, but the U.S. Attorney and the USDOJ were too “gutless'” to indict him, then. What intrigues me more than anything is Fayard’s “in” to the Office of Disciplinary Counsel (through his female associate, Haik’s former law clerk), and McKernan’s involvement. I have labeled the “Chief Disciplinary Counsel”, whose name is Charles Plattsmier, Jr. as a “liar and scoundrel’ in pleadings filed in Federal Court as part of my personal litigation, Civil Action No. 06-7280. I also have nicknamed him: “Plattsmier the Pimp”, because he is the pimp for Chief Injustice “Titty Thimble”. I have told McKernan that he is a “white- trash piece of shit”, but that mother-fucker is too chicken-shit to do anything about it. The motion and affidavit which you have posted (thank you SOP) are extremely important to maintaining the integrity of the judiciary and the confidence of the public in our system of justice.

  3. Well, good morning to you, too. I caught the typos – or tried to. I guess the plus side is no one ever has to spend any time wondering what you think; but, a velvet hammer might be worth a try. : )

  4. This will be a little lengthy, but I’m taking it primarily from pleadings filed with the court. All of this appears in the public record of the court.

    Of course, there are 2 sides to every story, and I’m sure you will hear from the other side. I welcome their version of events.

    I am a paralegal who initiated a state court breach of oral contract claim and for detrimental reliance naming an attorney and his law firm as party defendants. I claimed that I was not paid a $1 million bonus, as promised, for work I performed on the Bayou Sorrel class action lawsuit that was pending in Judge Haik’s court, and for deferring a planned relocation to California. I claimed I had an oral agreement with 3 attorneys, including Calvin Fayard. These same attorneys were also members of the Bayou Sorrel Plaintiffs’ Steering Committee (“PSC”).

    The Bayou Sorrell litigation was originally filed in 1996 as the Rineheart action in the 18th Judicial District Court of the State of Louisiana and removed to the Federal District Court for Middle District of Louisiana on the basis of the All Writs Act. A second action was filed in 1999 in the 15th Judicial District Court of the State of Louisiana and removed to the Federal District Court for the Western District of Louisiana on the basis of the All Writs Act. Pursuant to an order issued by the district court, the Rineheart case pending in the Middle District was transferred and consolidated with Adams in the Western District of Louisiana before Judge Richard T. Haik, Sr.

    In the Fall of 2003 and into January 2004, the parties to the consolidated Rineheart and Adams actions reached a settlement and entered into a Settlement Agreement for a class action settlement. The settlement money was escrowed. To implement the settlement, the PSC filed another suit (Pierce) in federal court in the Western District, which appears sub nom as In re: Bayou Sorrel Litigation. On November 30, 2004, final judgment approving the settlement and dismissing all claims was entered. On August 9, 2005, the district court entered an Order adjudicating and disbursing attorney costs for common benefit expenses to the PSC and private counsel. In November 2007, another Order was entered adjudicating and disbursing additional attorney costs and fees to the PSC.

    On January 29, 2008, I filed a Petition for Damages for breach of contract and other claims in state court naming an attorney and his law firm as defendants. Mr. Fayard was not named as a defendant. The defendants filed a timely motion for extension of time to answer. Discovery was initiated in state court.

    On Monday, April 14, 2008, the defendants filed in the Bayou Sorrel federal court a Motion to Show Cause Why the Issue Presented Does Not Fall Within the Jurisdiction of this Honorable Court Under Rule 7 (b) all of which sought to rule me into federal court to show cause why the federal district court would not have jurisdiction over the claims set forth in my state court petition as if that petition was before the federal court.

    No complaint was filed. The state court action was not removed to federal court. The federal court action against me was initiated by a rule to show cause motion.

    No summons was sought and service was not attempted. A copy of the motion, memorandum and exhibits were merely sent certified mail to me at my place of employment.

    From there, the PSC, led by Mr. Fayard, obtained a temporary restraining order keeping me from moving forward with the prosecution of my state court suit.

    I filed motions to dismiss for lack of jurisdiction, lack of standing, and numerous other procedural and jurisdictional flaws. I filed 3 writs of mandamus with the 5th Circuit who sanctioned me $1,000 for filing “vexatious pleadings.” I believe the message was they wanted me to wait for a full appeal of the matter.

    The gist of the PSC’s retaliatory actions against me was that my employment contract suit was somehow collaterally attacking the orders of the court in that federal action where the claims were exclusively limited to toxic tort and property damage claims. Amazingly, prior to my state court suit, no less than 2 associate counsel filed suit in the federal court proceeding seeking their share of the fees owed to them, but they were dismissed by the court on motion of the PSC for LACK OF JURISDICTION.

    The pleadings filed against me contained some extremely vitriolic and completely false accusations. If you have the time and desire, I can send them here to be posted so you can know the “other side of the story”.

    Anywho, I had no choice but to file the Motion to Recuse you see posted above. It was granted. My matter was assigned to Judge Carl Barbier in the Eastern District of Louisiana.

    Judge Barbier held a telephonic hearing shortly before Hurricane Ike made landfall, and my motion to dismiss for lack of jurisdiction was granted. I was awarded $500 in costs.

    The state court suit settled shortly thereafter.

    The ethical conduct complaints are still pending.

  5. To Not at All Surprised: If I’m “reading between the lines” correctly, then Haik was “feathering Calvin’s nest” at your expense, when Haik was without any jurisdiction over you whatsoever. And he and Calvin were “aided and abetted” by one or more “insiders” INSIDE the Fifth “Circus”, which was (and probably still is) just as “crooked” as Haik and Calvin. Am I “missing” something, Not at All Surprised? P.S. I have a few Complaint(s) of Judicial Misconduct pending in the Fifth “Circus” (I can send them to SOP for posting if he wants to see them). The “common denominator” in my cases is “James L. Dennis”, a former Louisiana Supreme Court Justice, who sat on the Supreme Court with “Titty Thimble” in the early 90’s. By any chance did Dennis’ “fingerprints” show up in your case(s). I believe Dennis to be “owned” by Fayard and his cronies. There also has to be one or more law clerks of Staff Attorneys within the Fifth “Circus”, who routinely aid and abet Dennis to violate his oath of office in connection with cases that involve Calvin, either directly or indirectly.

  6. Ashton:

    I’m not suggesting or intimating anything about the 5th Circuit. I filed 3 mandamus writ applications because I was being made the brunt of a vindictive and retaliatory campaign in a forum where Mr. Fayard is very comfortable. It was fast and furious. I felt the absolute need to build a complete record.

    For the record, I like and admire Justice Kimball.

    The only thing I really know about Judge Dennis is that, while he was on the Supreme Court, Elizabeth Dougherty, who is discussed in the affidavit and motion to recuse above, was his law clerk. She was also briefly his law clerk when he moved up to the 5th Circuit. He appointed her to serve as Judge Haik’s law clerk during the Combustion litigation.

  7. To Not at All surprised: Then Elizabeth Dougherty is as “crooked” as he and Fayard is/are. (Add Titty Thimble to the ‘mix”). If anyone (or their husbands) want to do anything about it, I live at 6034 St. Charles Ave. in New Orleans, 70118. But make sure you bring GUNS, because I intend to defend myself and my property, in accordance with the U.S. Constitution.

  8. Thank you, Sop.

    Chandler: are you one of the PSC members who created and contributed to a special fund to help pay Tuppy’s ethics lawyer?

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