Tag Archives: New York Supreme Court

KICKSTARTING WITH SOOKS, SPOOKS, AUSTRALIANS AND DIARIES OF WIMPY KIDS!

Well, having a go this weekend seemed to move some, or at least got people to really read and so the project on Light of the White Bear edges unofficially over 10% and rises to 18 backers too! Thank you so much, but the reason it’s still only unofficial is that through an Australian fan and DJ in Melbourne called Sierra Jane, friends have promised to donate this week, which will at least get that £3 to edge over 10%. Brilliant.

(STOP PRESS – JUST ROSE TO 20 BACKERS AND OVER £730 and 11% ANYWAY = HOPE)

Just to note one of their friends though, or acquaintances, calling me a ‘SOOK’ on Facebook! Clearly the kind of macho Aus ‘man’ who only posts pictures of himself kissing the girls or being beautiful and likes to engage in cyber sniping from the courage of his blind window on the world. In other words a SPOOK. I keep repeating, back room bullies are always cowards and its a major problem in the ‘culture’ of Facebook and other sites. But cheers for that spontaneous act of kindness and generosity, at such a moment!

Being of a generation that doesn’t use cheap dirt farmer outback slang, a sook means a wimp, un-suckled calf or someone without confidence. Always nice to increase the vocabulary. I was going to post back on Facebook but deleted the link in my email, so a few words about it here instead. Having been published by major houses for years in the UK, Aus, Canada and America I never wanted to have to use a medium like Kickstarter and so yes, on that I lack confidence and at times it feels like failure too, or rather humiliating. In fact, after six years of fighting at a blog, reaching only 10% in a week has made me want to throw in the towel early, even hide in an ice cave, and frankly, if donations don’t triple this week I think it’s exactly what I should. But now there’s still a real chance , so we can still get there and it would be great if you could see the video and follow a finger to a Back This Project button too!

But let me ask such a generous young man (this is known as irony) what he thinks a wimp really is? When your partner and someone you loved deeply and trusted too, right in the place of work and creativity, so stabs you in the back, and with a so-called best friend of years in London too, working on a ‘book’ called Hew, Screw and Glue, but then distorts the truth and so leads to the wrecking of a highly successful career too, it can have painful, indeed sometimes wimpish effects! I prefer Munch’s Scream, which was why a novel was once unfortunately called Scream of The White Bear. Men might imagine the danger and agony of that and the rage that came out too.

But wimps do not fight them on principle for two years, while bound there in contracts – authors have no protections whatsoever if powerful private employers get corrupt – then walk away but blog the truth of it too. A truth that was so much about their cowardice in not standing up to be counted, or just stopping the vicious internal politics, the cynicism, that sadly removed my old publisher, as my editor stole his job as Vice President. Then fight a UK lawyer called Manches, funnily enough specializing in posh divorces, who attacked me, as the President of a New York publishing house banned an entire department from reading my complex blog, and talked about protecting only their careers, but I also refused to be muzzled under European Privacy Laws and went on trying to fight back, despite the invasion. A President who now sits on a board against US Censorship, Michael Jacobs, who tried to trash a reputation he had distorted in front of the US Author’s Guild, until they resisted and as ever that particular bully backed down and gave back ebook rights. This publisher meanwhile were still publishing my books and so crippling a right to proper promotion and free speech too, or any self defence over what really happened with an ex and why. As well as snatching away a livelihood and voice that had taken years to forge. Then wimps, sooks or un-suckled calves don’t build a publishing website of quality over several years single handed and give out articles, stories and poetry completely free, because they are so worried about the ‘culture’ of the internet and still believe in the power of real writing too and telling some kind of truth.

Then go on trying to return to main stream publishing with numerous book projects, although a culture has shattered in the Twitter-jerk of cheap blogging comments (like sook) that pass for Democracy and publishing is one of the most ruthless businesses there are. But also turn around and single-handed sue a publisher in the New York Supreme court last year in Manhattan. That can be a little nerve racking. So fighting not one but two major New York attorneys alone, itself so telling about a publisher’s fears and the truth, who ended up provenly perjuring themselves last year, to win their disgraceful case. Rather it was dismissed on the form of an action alone – process – that ‘Mr Articulate’ in Australia could probably not get his pretty head around if he got out of the outback and studied for years, if he can read or write that is. It was dismissed by a Justice who would not let me speak to the court and did not read it, probably because Justice Cynthia Kern can’t be bothered to pick up epics or apply a real brain, not a position won out of the legal secretarial typing pool! The ultimate result of this belief in the word is losing literally everything you can, including a flat in London. So although it may not be entirely wise, sook or wimp just does not do it! That also annoyed though because said publisher also happens to publish the world selling series Diary of A Wimpy Kid, I guess you could rename it Diary of a Sook in Australia. But since it’s probably about dealing with bullies and growing up too, or at least growing, and part of my function was as a guiding kid’s author, I’m probably on the side of the sook. Except when, years back, you’ve stood under a banner in NYC twenty feet high of that precise series, in competition at your own publisher, and been so knifed by the two editors and women you were meeting there, supposedly to promote and protect my own award winning and contracted work, one of them an ex lover who became such an appalling and dishonest friend. The muse murdered the author. Then I guess life, love or anger, not to mention writing, can get on your head a little. Not sook dear, Barton Fink! But hell, sook’s a good word, and now I am being positive, as you’ll see on a Kickstarter video (forgive the puppetry).

If you’d all like to stop judging instead though and help suckle the struggling calf of publishing Light of The White Bear properly, which means real books, and supporting Phoenix Ark Press too, you can join the Kickstarter mission this critical week by CLICKING HERE

Thank you!

DCD

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KICKSTARTER AUTHOR GOES HORRIBLY POSITIVE BUT ATTACKS READERS TOO – THAT’S SOME OF YOU!

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Dear gentle Readers,

can you explain why two hundred and fifty people from around the world have visited this blog in just the last two days, clicked LIKE or joined up as followers of a cultural blog, yet only three people have been kind enough to TAKE THE PLEDGE, on a vital Kickstarter project for Light of The White Bear? (I bless them for keeping the fire going and some with no money at all.)

Do you all just enjoy the humiliation though, like some ghastly spectator sport, not agree that we all float around the internet not really connecting and not really caring either, are you seeing how it’s not done, or are you just too mean?! Perhaps we are all a bit sheep-like, instead of Polar bear-like, and only support in following herds or flocks? Sorry to be frank, my dearly beloved and gentle, noble followers, but we all have passions and feelings, though few had their livelihood and voice stolen away like I did. It really wasn’t fun and neither was losing the girl! But this is as much about whether or not anyone can fight back against a system anyone can fall foul of. If you cannot afford to help I so understand and thank you so much for spreading the word instead but would you have a more serious think too, please?

Since the ice melting sun is shining so bright in old London town though, I’ve decided I can take the pressure of a mere three weeks humiliation, as opposed to six tough years of fighting back, and so to go quite disgustingly positive too, with another short film on the TOP TEN reasons to get involved that you can see by CLICKING HERE

Or pasting the URL https://www.kickstarter.com/projects/1159695087/light-of-the-white-bear

Sorry to be needy, friends, dare I say a little angry sometimes, but an author and Phoenix Ark Press really do need YOU, not then but NOW! Thank you.

DCD

ps it even uses humiliating hand puppets in the awful sell and has another go at my friend Tim too, Mr Art himself!

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KICKSTARTER PROJECT STUMBLES, SO AUTHOR USES FILM TO TELL THE TRUTH!

Hello all,

failing to hit even a 10% target (!), I’m afraid this never quite famous author is throwing in the towel, or at least throwing it at the camera and using Kickstarter and film to try and speak, to tell some truth about writers, human beings, publishing and the Internet too, even Kickstarter. I’ll still keep my promise to publish just to ebook this year.

You can see what I hope are just some frank words now though by CLICKING HERE.

Kickstarter’s tag line is “It’s Not Just A Project. It’s a story”. What could be truer at ‘The Storyteller’s publisher’ too, Phoenix Ark, which sadly and very stupidly stopped (or was made to stop) telling stories?! Much the problem of crossing the lines of fact and fiction and never become the story yourself!

So to a refusal to beg though and to the back story behind Light of The White Bear too and this attempt here, which, to use an appropriate arctic metaphor, for a long delayed novel about polar bears and melting worlds, is the very tip of the iceberg! To thoughts of what real gratitude is too, any ‘right’ to be an artist or succeed but out of the most basic attack on principle and a person by a major New York Publisher.

Words then to Michael Jacobs, now the Chairman of a campaign against American censorship(!), when this story epitomizes the very meaning of censorship, bullying and ultimately injustice too. I mean that most specifically about a story that could and should have stopped years ago and was not in some spy world, or the US military, but a world of supposedly human values, in books and publishing. I told them long ago Americans always use a hammer to crack a nut.

Words also directly to ‘Justice’ Cynthia Kern of the New York Supreme court too and why she so failed in her job early last year.

Thanks for listening and so many thanks to those you opened their hearts! Never lose the girl, and be nice to each other.

DCD

PHOENIX ARK PRESS

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Abrams, Obama, Shut Downs, Government Corruption and Impeaching the Speaker

Sorry to blog a dead horse, but the absolute third world farce in the US much reflects the joke at my New York publisher Abrams, which became a complete abuse of executive power and involved open lies, that led to proven perjury about it in the New York Supreme court. Then why, if a Publisher could do what they did to their own contracted author, stressing the all powerful titles of President or Vice President, and their jobs and rights over anyone else’s, or the New York Supreme Court could simply ignore proven perjury, should you expect much more from Capitol hill? Systems and due process are in melt down everywhere.

The monied rot at the heart of America has been totally exposed and this is worse than Berlusconi and Italian politics! More sinister though to hear from the New York Times that this is not unexpected at all, but carefully planned. Which means that the testing ground Republicans really want now is the Debt Ceiling, and a potential default next week that has never happened in US History. Who is going to make vast capital out of that? For those who know, the image of America as the land of the free or the brave, a truly mature Democracy, has often become as cracked as that Liberty Bell. Obama Care was passed into Law, and the Republicans should not be allowed to touch it without a new election.

So one solution? Well, if Presidents can be impeached (though not Michael Jacobs or Susan Van Metre in a private, totally undemocratic publisher) for failing their oaths of office, why don’t Obama and The Democrats move to impeach speaker Boehner, for failing his country, and his oath of office, and being led by a tiny interest group. Then they might help impeach the Abrams lot too and have a Tea party!

DCD

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ABRAMS AND THE RISING STATS

The stats are continuing to rise and rise at Phoenix Ark Press, no doubt because of the growing interest in a terrible scandal at New York Publisher Harry N. Abrams, internal conspiracies, cover ups and now actual proven perjury in the New York Supreme court. Michael Jacobs should be especially wary.

It is a story that may make a blog a little dull at times, yet it is the way to bring out the truth, and far too humanly, legally and artistically important to put away. Michael Jacobs, Abrams CEO, literally tried to destroy a human being, contracted author David Clement-Davies, who Tamar Brazis and Susan Van Metre had behaved so viciously and irresponsibly over for months before, bringing a firm into breach of contracts. Their response to an appeal from a family, in such dreadful circumstances, in late 2009, is just humanly revolting. These are the guardians of good fairy tales and children’s stories! They should all lose their jobs.

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MICHAEL JACOBS AT YALE SPEAKING PROGRAMME? GOD HELP AMERICA

Michael Jacobs, CEO at Abrams and an old Yale man, fond of studying rivers, is one of the speakers on the Yale Book Course this year, to draw on the talents of the great and the good in American publishing. Did he have the guts to tell the truth though, about what happened with leading author David Clement-Davies, why Howard Reeves was removed, or why he paid two prominent New York firms of attorneys to totally distort the events of 2008 and 2009? Why he instructed an entire firm not to read an honest blog too, but simultaneously attacked Phoenix Ark Press through UK lawyers Manches. He is an expert in the attempted cover up but every time Abrams have fought shy of the courts, because they know the truth very well.

The man is a natural bully too, so disliked by Howard Reeves, Susan Van Metre and Tamar Brazis, whose little internal conspiracy against David he used completely, to remove Howard Reeves eventually, before he was forced to back down. His blogs on Coleridge and Wordsworth, as if he were any guardian of literature or writers, are a complete insult. Can he really hide the truth of strange and sad events in late 2009 though, the man who comes out with pseudo humble American phrases like ‘God willing’? His reaction was humanly disgusting and filled with cowardice too, as you might expect. Those are the events that one of his attorneys, Edward Davis, provenly lied about on paper before the New York Supreme Court and Justice Cynthia Kern earlier this year, 2013. Clearly at Abrams the plots thicken but are they all as bad as Diary of A Wimpy Kid?

http://publishing-course.yale.edu/current-books

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Protected: EDWARD DAVIS, JUSTICE CYNTHIA KERN AND OPEN PERJURY CONDONED BY THE NEW YORK SUPREME COURT

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THE LETTER SENT TODAY TO JUSTICE CYNTHIA KERN AT THE NEW YORK SUPREME COURT

Justice Cynthia Kern
Motion Part 55
New York Supreme Court
Centre Street, New York

August 24th 2013

Dear Justice Kern,

This is an open letter to you and the New York Supreme court, which is also being published by Phoenix Ark Press today. It enquires about the circumstances in your judgement in the action David Clement-Davies v. Harry N. Abrams et al this year and whether the only way to challenge that decision is through an appeal, that a pro se litigant simply cannot afford to fight. You will notice that I have accused you either of ‘corruption’ or ‘legal incompetence’. Perhaps the word corruption needs to be tempered with the fact that I have no evidence whatsoever of any undue influence and so it is only meant to reflect the general fact that pro se litigants seem to make such little headway and that it seems that Judges and courts will side so easily with licenced attorneys, whether honest or not, that is absolutely highlighted in this case.

As you know, both from articles at Phoenix Ark Press and two recent emails to your chambers the question of legal incompetence seems to me glaringly obvious though, when you have allowed proven perjury by the other side. That occurred in argument within a Motion to Dismiss, so there can be no defence that you did not even get to it, in refusing to even turn to a Motion for Summary Judgement, that further exposed the falseness of the other side’s position, and the case law they provided too. In the documents in that first Motion though New York attorney Edward Davis claimed he had no knowledge of specific circumstances at the heart of both events at Abrams in 2009 and the misrepresentation of those events, in so calculatingly scarring the face of my own Complaint, despite their obvious understanding of it. Yet I then evidenced an email between us proving it was discussed between us last Christmas, so Mr Davis was lying in a sworn statement to the court. It reflects their distortion of facts throughout, and of ‘agreements’ forced on me too, that since they also lied about the dates of the documents they evidenced, I argued constituted a fraud on the court. Is perjury not important to you or a court of law though, especially the New York Supreme Court, and why did you not even answer or address that in your ‘judgement’, or consider an accusation of fraud both important to assessing the case and significant of itself? A judgement is no judgement that fails to address the arguments and evidence on both sides. You seem to make so much of other kinds of CPLR rules it seems to me that you might give far more weight to much more important principles of law, like not lying to a court. My arguments in affidavits and memoranda about it in that Motion to Dismiss certainly precipitated the sworn affirmation by Edward Davis denying knowledge of facts that he did have knowledge of, before the other side produced their answer. My evidenced email proves it, so your judgement has openly licenced perjury.

As I have said elsewhere, that act of proven perjury should itself be indicative of an entire case too, and perhaps quite regardless of what I consider the unjust grounds for your dismissal on terms of CPLR form rules, that itself does not stand up to existing case law, ignores leniency demanded by New York Civil and Human Rights laws, and the fact, also stated in argument, that the other side were out of time in opposing in terms of form alone, under CPLR rules. Prevailing Case Law also requires courts to actively seek cause in Motions to Dismiss on behalf of the plaintiff, and not only did you do the opposite, but seemed to close your eyes to how clearly those causes are stated anyway. A fact the opposition’s very active reply also made glaringly obvious. As for ‘relevance’, how is it you could claim anything I said irrelevant, when, apart from CPLR rules on Evidence Generally Admissible, the psychological state of the party involved, an author dealing with both fact and creative fiction, working under threats and intimidation for years, was blatantly relevant to and part of a claim against NIED? Because perjury has been involved though, I am forced to ask whether the New York Supreme Court has any kind of process of judicial review in such circumstances, without forcing a party back through the court system in an appeal, which cannot happen if they cannot even afford it. Thank you for your consideration and I hope that I am wrong in using words like corruption or incompetence and that you have a real belief that even if mistakes have been made, justice should somehow always be done and seen to be done too. That includes not countenancing perjury. I would be grateful for a reply at your best convenience.

Sincerely, David Clement-Davies

Pro Se plaintiff and author

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PHOENIX ARK PRESS FIGHTS PERJURY AND THE US GOVERNMENT?

NYC_-_New_York_County_Supreme_Courthouse[1]

With so much in the press about American might in tracking down whistle blowers or so called traitors, like Edward Snowden, but when apparently open and free societies also need to raise a constant eyebrow to what their Governments do in their name, (like the use of drones in push-button warfare), what happens when a prominent branch of the US Government, the New York legislature, conspicuously fails to act in the interest of truth, law and its own rules too?

Like an appeal statement sent to the New York Supreme court this year, Phoenix Ark Press openly accuses Justice Cynthia Kern, of Motion Part 55 at The Supreme Court in New York, of corruption then, in her siding so automatically and so lazily too with licensed New York attorneys, at Davis Wright Tremaine LLP and Fox Rothschild, without assessing either evidence or merit, or at the very least of legal incompetence. Supposedly, if Phoenix Ark Press are in the wrong, we should be obliged to remove this article, apologise or pay a penalty, and if the Courts simply fail to act, or the named attorney does, Edward Davis, it simply proves growing abuses of power and responsibility, and that both Cynthia Kern and Mr Davis have a telling lack of concern for their own reputations too. This article has been sent both to the opposing attorneys involved and to the appropriate clerks of the Court at the US Supreme Court in New York, so ignoring it will also speak for itself.

But if an increasingly paranoid US want to use all that frightening muscle against individuals like Snowden, perhaps they might use it to uphold the principles on which their own Constitution is based too, to protect people’s rights, or fundamental tenates of process and Common law too, taken from an ancient British system. The case in question was treated oddly from the start though, perhaps because of slightly unconventional attempts to speak to the court from London, denied despite CPLR 40 day hearing rules, then seeing it moved from Justice Shulman’s chambers to Cynthia Kern’s, under a sudden Order for Recusal. Not only was no explanation given, as open hearing was denied, but it flew in the face of Justice Shulman’s very appealing promise on his website that he wanted litigants to leave the system feeling that justice had been attempted on both sides. That is indeed one of the purposes of the system itself, but in this case it has been completely and glaring thwarted.

The nub of the matter though is that Cynthia Kern has openly ignored a proven case of perjury, by Edward Davis, lead attorney at Davis, Wright Tremaine LLP in New York, who denied knowledge of specific events in a case this year, in a sworn affirmation before the New York Supreme Court, carrying potentially very severe penalties, but directly contradicted by an evidenced email between himself and the litigant involved, David Clement-Davies. Edward Davis’ was an open lie, and so obviously made to obscure the entire approach his firm so dishonestly took, at which point David Clement-Davies advised him that he could no longer represent his clients and he seemed to withdraw in favour of the firm Fox Rothschild and attorney John Wait. John Wait then put pressure for Mr Clement-Davies to withdraw a Motion for Summary Judgement, under incorrect Case Law, purely because he wanted to suppress evidence before the court that itself drove a hole through their own claims about how events unfolded and how ‘agreements’ had been made. All this was openly presented in argument and evidence before the court, but Mr Clement-Davies doubts Cynthia Kern even bothered to read his memoranda, because she simply could not have done and let that happen. Perhaps proven perjury is not even suggestive to Justice Kern, as a Pro Se also argued that engaging two highly promiminent law firms was indicactive of the truth of his accusations?

It is the thin end of the wedge though when Justice Cynthia Kern also ignored, in the slightest four page judgement handed down this year, both the implications of provided Case Law about such an action, which itself does not allow dismissal on form alone, as this case was dismissed, and when leniency on form was also demanded under New York Human rights laws and The 2005 Restoration Act, and also ignored the Courts’ established duty to actively seek cause on behalf of a plaintiff in any Motion to Dismiss. Perhaps it is what happens when legal secretaries get a taste of power, or when a litigant is trying to fight from London, with no resources. David Clement-Davies never presumed he was necessarily right in all the arguments he put forward, in a possibly over-long and complex Complaint, but to have them all simply ignored, and with an open fraud on the court in supposed evidence provided by the other side, and when the opposition bent over backwards to try and answer a Complaint that they simultaneously claimed they did not even understand, is a legal farce. So his case was dismissed on CPLR rules, opposing attorneys were also out of time on under those very rules, yet Cynthia Kern’s judgement is an open license for legalised perjury and so makes a mockery of all those rules.

There have also been many articles about how Pro Se (self-representing) litigants do not have a hope in the US system too, with only 8% achieving success, and perhaps some of it is indeed half mad or crying in the wilderness, but when perjury has been so clearly highlighted, and proved, which itself exposed the utterly cynical technique that two prominent New York law firms used in denying events that they and New York Publisher, Harry N Abrams, know absolutely about, where on earth do you go? David had everything taken away by his own American publisher, including the most basic defences of the First amendment, apparently so important in America, and at a supposedly respectable New York publisher too, that produces all those jolly stories like The Sisters Grimm series and Diary of a Wimpy Kid. But Abrams are one publisher who have some very ‘adult’ techniques in abusing their own authors and, in a sense, the pretty stories they peddle to the public. Truth became far stranger than fiction in this case, but the only principle involved there was editors acting dishonestly behind the scenes in their own career interests alone and expressing their own fears of the public eye, or of standing up to tell the truth. It is perhaps best expressed in editor Susan Van Metre’s remark long ago that the only thing she had learnt in life, if anything, was keeping her mouth shut, as she tried to intimidate her own author of years standing, but when it happens to be the duty of their contracted authors to open their mouths, certainly in valuable fiction and sometimes in fact.

Yet, perhaps because David is pro se, a British citizen, and with rather a strong instinct for trying to tell the whole truth, difficult as that is in this case, that covered events lasting years, and both fact and fiction, one of the highest courts in America can ride roughshod over the most basic principles that uphold any free society, like not allowing licensed lawyers to build their cases on open perjury. When that happens there is no real standard or law, just influence, money and supposed credibility too, that so often counts against the pro se and the perhaps foreigner too. David fought his publisher on principle for years and at enormous cost, before turning to the courts, that involved a scandal around former Abrams publisher Howard Reeves, new Vice President Susan Van Metre, who took his job out of it all, senior editor Tamar Brazis and the President of the company, Michael Jacobs, who removed Howard Reeves as Vice President, ostensibly for the way he had behaved already, yet simultaneously destroyed contract principles, the most basic editorial duties and Mr Clement-Davies’s US career and livelihood, involving five novels. Then David fought off a scurrilous attack by the UK Law Firm Manches, on principles of privacy that had been so abused across the Atlantic by his partner of two years and his own editor too.

If you doubt the veracity of anything being said, just ask yourself why Phoenix Ark is still functioning? Why is it too that such things can be said of individuals at Abrams and yet their not acting legally to clear their names, as they kept threatening to. Phoenix welcome a real investigation, as much as any honest or fair ‘Judgement’ by a court of law, but both Abrams and one wing of government cannot legally act against Phoenix Ark, because legally they are in the wrong, at least at one glaring level. On the other hand, sometimes you wonder how interested America is in law, truth or individuals, let alone literature! What you have just read though are simply statements of bald fact, and when a person cannot afford to pursue an appeal in the US, at least you can go on trying to tell some kind of truth truth and leave it on the record. Even if it might well encourage you to side with Wikileaks, or move to an even worse place, like Moscow.

PA PRESS

The photo is a Wikepedia image of the New York Supreme Court building on Centre Street, Manhattan.

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