Free Response - District Court of Connecticut - Connecticut

‘ Case 3:03-cv-00651-MRK Document 63 Filed 01/11/2006 Page 1 of 3
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January I0, 2005 I
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William E. McCarty, Plaintiff ‘~ · ··,__·.,.‘;.`§. . E r t pr s
I VS` Ivins: rré¤`¢’=-•=’ *' `
Derivinm capital; LLC, ET,AL, Defendant N
Civil No. 3;03cv6.5 I (mrk)
Pro se 4/9/03 i
Motion on behalf of Pl.aintiftQ William H. McCarty. Why case should not be dismissed
againstiiUaclmyia Bank, AKA Wheat First Union securities. AH tmder·the· banner known l
as First Union Corp. and having to have chosen the name of Wachovia upon purchase. I
I ask again, why this case should notbe heard by a jury?
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The attorney Victor A. Machcinski, Jr. for Wachovia continues to ignore the truths ofthe _
facts, which are as follows; I
1. Mr. George M. Gordon HI was made and became the fiduciary on my
behalf regarding the loan transaction between myself and Derivium., '
. record on file with court. "Mr. George Gordon III is still at phone I—800»
999-4328, the only difference the phone answers Wachovia Security now, l
not Vxdreat First Union Security. The address also remains the same, 901
East Byrd St., Richmond, VA 23219}*
2. Mr. Gordon requested and received the six stock certificates and shows as l
receiving same on I0/5/98 acting as my fiduciary. l
3. Mr. Gordon did. contact Toronto Dominium. Bank to arrrmgethe loan.
ID #98-10-t3—B6583900 _ y I
4. Mr. Gordon also sent to my accountant, David Cappetta, certificate of l
stock or bond power on each stock to he signed by my wife and myself
giving him power of same, copies on file with court. I
5. Wheat First Uniorfs, Mr. George Mi Gordon III representing them and
acting as my tiduciary did not protect my interest in any wan what so ever.
He allowed the Hedge Fund rates obtained from JB. Oxford, Mr. Doug
Macahome, phone 1-800.-468-1876 to he used instead of the stock prices i
for that time ofthe day 10:02 AM. The worksheet from Mr. Gordorfs g
office is on tile with the court. _
6. Regarding deposfs from Attorney Todd Ratner, Wachovia in house |
I attorney, he should have asked Mr. Gordon, who works at the same I
address. 901 East Byrd St.; Richmond. VA. Than Mr. Ratner would have
the facts and not accuse me of improperiy asserting claims against his
client.
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Case 3:03-cv-00651-MRK Document 63 Filed 01/11/2006 Page 2 of 3 l
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` 7. The statements of who is who regarding Wachovia was settled in l
conference call with his Honor, Mark R. Kravitz, myself, Derivium
Attorney and Wachovia Attorney on the call. The Statues of Limitation ,
was also settled at that time. I
S. What happened with Derivium is a closed matter. That was between
them, myself and judge Garfinkel. I can say without any recourse my Q
contract with them came to a close on the loan and it’s value. Also i
Derivium went belly up 20 days later, leaving the State of California with ,
millions of dollars lost and the Federal Government iooking for the
missing monies- I will say no more on the matter.
Your Honor, I see no reason why this case should be dismissed, and why it should not go
to trial by jury.
Respectf l »
6 6 . W¤..Q® ;
rlham E. McCarty G i
. all J i
{ livl M4 ll i
an F. McCarty ?
Marydale Rd.
West Haven, CT 06516 ‘
Victor A. Machcinski J r. . i
One Exchange Plaza
55 Broadway, Suite 1600
New York, NY 10006
Scott M. Charmy, ESQ
1700 Post Rd., Suite D-3 .
Fairfield, CT 06824 · g
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Case 3:03-cv-00651-MRK Document 63 Filed O1/11/2006 Page 3 of 3 0
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Certificate of Service Q
This is to eerily that a copy ofthe foregoing was mailed, postage prepaid, on
the date posted to parties of record: -
January 10, 2006
0
William E. McCarty
1 Maiydalc Rd. 0
West Haven, CT 06516 I
Pro Se granted 4-9—03

0
Victor A. Machcinski, Jr. 0
One Exchange Plaza
55 Broadway, Suite i600 T
New York, NY 10006
Scott M. Charmoy, ESQ, 0 0
1700 Post Rd. Suite D-3 · 0
PO Box 745 p
Fairiield, CT 06824 0 0
Wachovia ‘ 0
ATTN`: George M. Gordon III 0
901 East Byrd St, 2“d Floor 0
Richmond, VA 23219