Free Affidavit - District Court of Connecticut - Connecticut

Case 3:00-cv-00656-SRU Document 99 Filed O4/16/2004 Page 1 of 4
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UNITED STATES DISTRICT COURT gx I m
DISTRICT OF CONNECTICUT
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MARSHALL CHAMBERS, } _ RT I
Plaintiff } Docket No.: 3Ii]QEmEl( é([[S%IM) I
v. } ’
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ANTHONY J. PRINCIPI }
Secretary, U.S. Department of } I
Veterans Affairs, } April 16, 2004
Defendant . }
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SUPPLEMENTARY AFFIDAVIT SUPPORTING MOTION TO DISQUALIFY
I, MARSHALL CHAMBERS, undersigned, being duly deposed and sworn do
state as follows: I
1. I am over the age of eighteen (18) years and believe in the obligations of I
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an oath. `
2. I am Plaintiff in the above-captioned case, and am personally familiar with
the facts and circumstances surrounding my case.
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3. I am informed, and believe, and upon such information and belief, do
state the following.
4. I participated in a Status Conference on my case on Wednesday, March 31, I
2004, along with the Hon. Judge Stefan Underhill, Attorney Lauren Nash,
who represents the VA, and Caleb M. Pilgrim, my attorney. I
5. I have previously asked that the ]udge in this matter disqualify himself
from hearing my case based on personal bias and prejudice.
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Case 3:00-cv-006665SRU Document 99 Filed 0465/2004 Page 2 of 4
6. During the Status Conference on Wednesday, March 31, 2004, in speaking I
on my motion to disqualify him, among other things, the Judge asked
Attorney Nash, the lawyer for the VA, whether she wanted him to handle
it, or whether she wanted to file an objection. I
7. In response, Attorney Nash stated that the Court could deal with it sua I
sponte, but she would still file an objection anyway. I
8. Insofar as the Judge asked one side in this dispute if she wanted him to I
deal with it (meaning my motion to disqualify), it seemed as though he I
was putting himself on the same side/ level as the opposing party and
choosing sides. I genuinely could not believe what I was hearing. I
9. That the Judge would ask one side in a dispute if she wanted him to deal
with an issue (i.e., the motion to disqualify) rather than await a potential
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objection, then rule on both motions fairly and in due course, shows that I
this Court cannot be even handed and impartial in my case. I
10. My attorney has, this day, also advised me that he has received messages
from opposing counsel on April 2, 2004 and April 5, 2004, that we are to
send her no more "exhibits and stuff/’ because by doing so, we are in
direct contravention of the Judge's Orders. If the Judge made any such
- Order before, during or after the most recent status conference, it is
unknown to me and my attorney. I
11. Also, Ifeel obliged to raise the following issue. A-long with the lawyers, I I
was kept waiting for more than thirty (30) minutes at the beginning of the
Status Conference. Without being overly sensitive, Ipersonally felt
disrespected when the Judge came on to the record and did not display at I
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Y Case 3:00-cv-OO%565SFtU Document 99 Filed O4{1€5/2004 Page 3 of 4
least the common courtesy of an apology for having kept us waiting. Had V
I displayed the same, and the shoe been on the other foot, I believe that he
would have chewed us out. Iimmediately asked Attorney Pilgrim to raise i
what appeared to be a lack of common courtesy. He refused. i
12. Finally, on at least two occasions, the Judge appeared to shout at my
attorney ("l\/Ir. Pilgrim! etc, etc./’), betraying obvious anger,
_ notwithstanding the Court’ s attempt to conceal its anger. This contrasted
with the favorable, respectful way in which the Court treated the
government' s lawyer. I drew this to the attention of my attorney
immediately after the Status Conference on March 31, 2004. This obvious
bias caused and causes me great concern.
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13. In the circumstances, based on his statements, his rulings, and his
disposition, I believe it is impossible for me to receive a fair trial at the i
hands of this Judge. I again respectfully ask that this Iudge disqualify
himself from hearing my cause.
14. I make the foregoing statements of my own free will and volition; I have
not been coerced, threatened or influenced in any way, and the foregoing
statements are true and correct according to my best knowledge and
belief.
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MARSHALL CHAMBERS
P.O. Box 375,
Camden, N] 08101-0375 I
Subscribed and sworn to before me this . ay of April,
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' ' er of th
Superior Court N
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I Case 3:00-cv-006565SRU Document 99 Filed 04I1§2004 Page 4 of 4
I CERTIFICATION
I I, MARSHALL CHAMBERS, undersigned, hereby certify that the foregoing
Supplementary Affidavit was made in good faith, and that a copy of the ’
foregoing Supplementary Affidavit dated April 6, 2004, was mailed to
Attorney Lauren Nash, AUSA, U.S. Attorney's Office, 157 Church Street, New
Haven, CT 06510 on April 6, 2004. I
I further certify that a copy of the said Supplementary Affidavit was mailed to
the Cle1·k’s Office, U.S. District Court, 915 Lafayette Boulevard, Bridgeport, CT I
06606 on April 6, 2004, which copy was returned to me by the Clerk's Office by I
mail postmarked April 12, 2004. I
A copy of this Supplementary Affidavit dated April 16, 2004, is being mailed I
contemporaneously herewith to Attorney Lauren Nash, AUSA, U.S. Attorney’s
Office, 157 Church Street, New Haven, CT 06510 this 16***. day of April, 2004. I
Q- g I
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MARSHALL CHAMBERS

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