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Sweeney counsel were present, to meet with the mediator, Judge Mazzone, and his clerk, Sue Gelwick. The FDIC was not present. No mediation occurred that day whatsoever.

     In August, we prepared and submitted a proposal to the FDIC through Judge Mazzone, to which no response was received. We also prepared a detailed summary, with exhibits, showing the aggregious wrongs that have been committed throughout this case which were not, in fact, addressed by the Court of Appeals or any other court, largely because the Sweeneys did not have an attorney at the time most of the aggregious harms were committed against them.

     On September 12, there was a second meeting at Judge Mazzone’s office which Judge Mazzone had proclaimed at the outset was only a meeting to introduce the parties to one another That is in fact all that occurred. This meeting was attended by the Sweeneys and myself as counsel and by Joe Palladino from FDIC, along with two others from his office including an attorney, Rabin, as well as Judge Mazzone and his clerk, Sue Gelwick. There were no negotiations whatsoever and no one present from the FDIC had authority to enter into any negotiations.

     Instead, the mediator suggested at that meeting and the FDIC agreed, that independent mediators assess the situation and present their findings to the FDIC. Judge Mazzone suggested Sen. Bruce Tarr and Mark Dyer. The FDIC accepted this recommendation, and then left. After the FDIC people had left, Judge Mazzone curiously also suggested that only Faith Sweeney, the Sweeney’s daughter, and not counsel or either of the Sweeneys, present information to these independent assessors. (Colloquially, this is called “trying to stack the deck.”)

On October 15, Faith Sweeney met with the two independent assessors chosen by Judge Mazzone: State Sen. Bruce Tarr and Bishop Mark Dyer, along with Judge Mazzone and his clerk at Judge Mazzone’s office. Sen. Tarr and Bishop Dyer made their assessment and came to the same conclusion: The Sweeneys have been wronged. These independent assessors were then supposed to meet with FDIC officials, AS THE FDIC HAD AGREED, to present their findings.

Instead, Judge Mazzone abruptly announced, with no reason whatsoever, that “mediation was over.” That was it. These assessors were not allowed to present their findings to FDIC, FDIC refused to meet with the assessors, and there was no further meeting by anyone with FDIC. No mediation in fact occurred.

Thus, and also contrary to the FDIC’s repeated false claims that the Sweeneys merely wanted to “relitigate the issues,” the Sweeneys didn’t end the “negotiations,” the Mediator and the FDIC did, when the FDIC RENEGED ON ITS AGREEMENT TO ACCEPT THE FINDINGS OF INDEPENDENT ASSESSORS, WITH WHOM THE FDIC SUBSEQUENTLY REFUSED AND REFUSES TO MEET.

     Other matters that occurred outside of the mediation process indicate that extreme intimidation and other efforts were being directed at me and at the Sweeneys and very possibly Judge Mazzone, in order to influence the outcome of this case.


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