The Hon. Paul Banner
Senior Judge, 196th District Court
Sitting for 294th District Court
c/o 294th District Court
Re: Cause No. 00-00619
294th District Court
The Law Offices of G. David Westfall, P.C. v. Udo Birnbaum v. etc
Honorable Judge Banner:
This letter is in response to a copy of a letter I received from opposing attorney in this matter. According to Fleming he mailed the same letter to you, with an enclosed eight (8) page proposed Findings for you to make.
matter has been in the Dallas Fifth Appeals Court for nearly a year. Over three
(3) months ago,
Attorney Fleming is now blaming me for you not having previously made Findings. Correct me if I'm misunderstanding Fleming, but Fleming is saying I did not submit proposed Findings to you as to the reasons you sanctioned me $62,000 !
Frankly, Your Honor, I have no idea how anyone could prepare a document for you to sign that stated what was on your mind. In your first hearing, two years and two months ago, you did state that you simply "did not like civil RICO claims". And you went on to say, "I have never seen one [civil RICO claim] that had any merit."
And equally as frank, I have no idea how anyone could prepare a document for you to sign that stated all of the reasons you sanctioned me, especially considering the fact that never once did you order me to do or not do anything. I was never disobedient and you never warned me about disobedience or anything. In fact, it was you who ordered me to take the depositions of the Westfalls. For that and other issues, you unconditionally punished me three months after you had signed final judgment!
Again, I have no idea how attorney Fleming intends to put all those thoughts into your mind, when he heard you say no more than what I heard you say, that "Mr. Birnbaum may be well-intentioned" . Nowhere did you ever say anything about "bad faith".
again, Fleming is obfuscating the real issue in the
"Your Honor, please let the record know what findings of fact, and conclusions of law you made to come up with the two judgments you awarded against me in this case:
I am providing you the referenced documents by attaching Appellee's Response To Appellant's Motion To Have Trial Judge Produce Findings And Conclusions, another document sent to me by Fleming.
noteworthy that the
careful reading of Fleming's Response, I note that he
[Fleming] is now asking them to allow
you [Judge Banner] to make Findings. The problem I am having is that Fleming is already flashing his
[Fleming's] "findings" in the
issue in the
"[A]lthough Mr. Birnbaum may be well-intentioned and may believe that he had some kind of real claim as far as RICO there was nothing presented to the court in any of the proceedings since I've been involved that suggest he had any basis in law or in fact to support his suits against the individuals, and I think -- can find that such sanctions as I've determined are appropriate."
Close of hearing on Motion for
540 VZ CR 2916
(903) 479-3929 phone
(903) 479-3929 fax
 [Fleming Proposed] Findings Of Fact And Conclusions Of Law (attached)
 [Fleming Appeals Court Response Brief]: "While a jury trial verdict did not
require finding of facts and conclusions of law to be filed in order to support
the verdict on appeal, the Court's ruling on the sanctions motions should be
accompanied by findings of facts and conclusions of law. This point has been
recognized by the Appellees and late
findings of fact and conclusions of law are now being requested from the trial
judge. The trial court can file findings of fact after the deadline to
file them has expired. (Jefferson Cty. Drainage Sist. V.
 "NO SUCH REQUEST BY APPELLEES HAS BEEN FILED OR SERVED". Appellant's Reply Brief, on my web site OpenJustice.US , as are most of the documents in the case.
Mr. Birnbaum may be well-intentioned and may believe that he had
some kind of real claim as far as RICO there was nothing presented to
the court in any of the proceedings since I've been involved that suggest he had
any basis in law or in fact to support his suits against the individuals, and I
think -- can find that such sanctions as I've determined are
appropriate." Close of
hearing on Motion for Sanctions,
 Fleming uses the term xxx times in his proposed finding. You never used the word even once in the entire proceedings.
 Appendix 93, Record 492
 Now in his belated Response to the