Cause No. 2012-27197A

MOKARAM-LATIF WEST LOOP, LTD, § IN THE DISTRICT COURT § Plaintiff, § § v. § 333rd JUDICIAL DISTRICT § ALI CHOUDHRI, et al., § § Defendants. § HARRIS COUNTY,

OMNIBUS RESPONSE TO MOTIONS TO RECUSE

Pursuant to Judge Susan Brown’s January 15, 2021 Letter Order, Defendant Ali Choudhri

(“Choudhri”) files this Omnibus Response (“Response”) to the multiple Motions to Recuse

(“Recusal Motions”) filed by Plaintiff-in-Intervention Ali Mokaram (“Mokaram”) and would respectfully show as follows:

PRELIMINARY STATEMENT

Convicted felon Christopher Wyatt (“Wyatt”) is like one of those carnival fortune tellers who spews out— instead of generic fortunes — fake texts, lies, and whatever else suits his patron’s needs, if the price is right.1 After being paid to breach his fiduciary and contractual duties to his former employer, Wyatt made Mokaram and his co-recuser Osama Abdullatif’s (“Abdullatif”) wish of fabricated recusal evidence against newly-elected Judge Brittanye Morris (“Judge

Morris”) come true. Every time Choudhri presents evidence to rebut Wyatt’s lies, Mokaram and

Abdullatif simply put more money in the “Wyatt Lie Box” and out comes another lie.

As discussed below, the Recusal Motions stand and fall on the testimony of a convicted felon that is heavily contradicted, ever changing with hoaxes and conspiracy theories, and is completely unreliable. As will be demonstrated herein, Wyatt was recorded confessing that he

1 See, e.g., https://www.youtube.com/watch?v=s6xEAaV8CIg. 1 intended to sell false evidence to Mokaram’s counsel unless he was paid. After Choudhri refused to be extorted, Wyatt’s testimony was purchased by Choudhri’s adversary Abdullatif who has a troubled history of filing frivolous recusal motions, sponsoring litigation against his enemies, and was apparently involved in a failed suit seeking to have Judge Morris removed from the ballot before the latest attacks on her began. In addition, Abdullatif has hired a “consultant” named

Wayne Dolcefino (“Dolcefino”) to act as though he is doing “investigative reporting” on Judge

Morris as an independent , when in reality he is a “presstitute”—a reporter for hire—who will “report” on whatever Abdullatif pays him to say. Abdullatif’s consultant even went so far as to try and make direct contact with Judge Morris to “interview” her about this matter and also attempted to intimidate a witness who testified against the recusal with a threat of criminal prosecution. Shockingly, Dolcefino’s latest “reporting” even involves Judge Susan Brown in further attempts at intimidation.

Once the Wyatt-originated evidence is dismissed—as it should be—the Court is left with absolutely no evidence of recusal. There is no record of Judge Morris ever serving as counsel of record for any party in this case. Counsel for the parties that were alleged to have employed Judge

Morris deny ever having worked with her or having used Wyatt as an intermediary to communicate with her. Mokaram’s additional evidence is nothing more than allegations of “seeing” Judge

Morris in proximity to Choudhri and his attorneys at the courthouse while perhaps engaging in other activities. Mokaram’s witnesses to these events are Abdullatif’s employee Beth Mendez

(“Mendez”) and Wyatt’s nephew, Courtland Sedlachek (“Sedlachek”). As discussed below,

Sedlachek and Wyatt made bizarre false claims of murder-for-hire plots and hacking, which were dismissed by the Police Department (“HPD”) as hoaxes. When those did not pan out, they launched the recusal scheme.

In sum, this Court will have to determine whether the structural racism and white male

2 privilege that has plagued this Nation resulting in the reckoning of 2020 will carry over to 2021 and allow a young Black female judge chosen by the people of Harris County to be taken down by the testimony of a white male convicted felon who has stolen documents from his former employer, contrived hoax after hoax, and is a “liar for hire” to do the bidding of a vexatious litigant.

While some people protested the national election by storming the U.S. Capitol –

Mokaram/Abdullatif have protested our local election by fabricating evidence to recuse a judge they tried to keep off the ballot and by intimidating and threatening judges and witnesses. If the integrity of a white male ex-felon who is not even qualified to serve on jury duty and whose testimony is comically unreliable “trumps” the integrity of a law-abiding female Black judge elected by the people, then we surely have a long way to go toward equality and justice.

PERTINENT FACTS TO RECUSAL

The following factual timeline is pertinent to the recusal issues:

• Abdullatif and Mokaram—who were both involved in litigation with Choudhri and

his entities—entered into an agreement, whereby Abdullatif essentially controls

Mokaram’s litigation rights against Choudhri in this case and prevents Mokaram

from settling any of his claims without Abdullatif’s consent.2 Abdullatif also pays

for Mokaram’s counsel. 3 Thus, Abdullatif is essentially the controlling party

seeking this recusal, making Mokaram a pawn.

• Abdullatif also enlisted Choudhri’s ex-wife, Hira Azhar (“Azhar”), to bring suit

against Choudhri for allegedly not being divorced, giving rise to a flurry of

litigation over Choudhri’s entities and properties. 4 Abdullatif funded the

2 Ex. 3-1-B at ¶¶ 5, 10. 3 Ex. 3-1-B at ¶¶ 5, 10. 4 Ex. 3-1-A-1. 3 litigation to the tune of over $1,000,000.00.5 Ultimately, after years of frivolous

litigation, the court in that case ruled that Choudhri and Azhar were already

divorced in Pakistan many years ago. 6

• Unhappy with the rulings in the Azhar case, Abdullatif funded a recusal campaign

against Judge Wooldridge based on his alleged (which would be 100% accurate if

he had truly made them) claims that Azhar was being used as a pawn by Abdullatif

against Choudhri and that Abdullatif’s conduct in sponsoring frivolous litigation

was the real problem. 7 The campaign against Judge Wooldridge failed.

• Steve Kherker (“Kherker”), an attorney who represented Azhar (and thus paid by

Abdullatif),8 sought to have Judge Morris removed from the Democratic ticket in

Harris County based on allegations that Judge Morris was allegedly not qualified

to be on the ballot. 9 This attack by yet another Abdullatif pawn was also

unsuccessful, with mandamus being denied in June 2020. 10

• While Choudhri does recall seeing Judge Morris at the Harris County courthouse

before she took the bench (presumably engaging in activities in preparation to

become a judge), she never appeared as counsel for him or participated in any

hearings, although Choudhri and/or some of his legal team may have exchanged

pleasantries with her. 11

5 Ex. 3-1-A-1. 6 Ex. 3-1-A-3. 7 Ex. 3-A-2. 8 Ex. 6. 9 Ex. 7. 10 Ex. 7. 11 Ex. 8 at ¶ 4; Ex. 9. 4 • Shortly after the failed challenge against Judge Morris, in September of 2020,

Wyatt, who was an employee of one of Choudhri’s companies, Jetall Companies,

Inc. (“Jetall”), was discovered to have multiple felony charges and convictions and

an extensive criminal history. 12 Wyatt had lied about his criminal history to obtain

employment with Jetall. 13

• Around this same time, Wyatt inexplicably began having text communications with

Judge Morris (who was yet to assume the bench). 14 The authenticity of the texts

has not been confirmed and they appear in a strange format. Choudhri/Jetall was

unaware of the texts. 15 Judge Morris was not involved in any representation of

Jetall or any of the parties to this case. 16 She has never represented Choudhri or

any entity he owns or controls. 17 Harris County records further support this. 18

There is no reason why Wyatt should have been contacting Judge Morris for any

“legal advice” on any case.

• Around this same time, Choudhri confronted Wyatt regarding his criminal

history.19 Wyatt—in a recorded conversation—threatened to “call Scott Funk” who

is counsel for Mokaram and invite him to take Wyatt’s deposition. 20 Wyatt

12 Ex. 3 at ¶ 5; Ex. 5-1 at ¶¶ 4-6; Exs. 5-1-A; 5-1-B. 13 Ex. 3 at ¶ 5; Ex. 5-1 at ¶¶ 4-6; Exs. 5-1-A; 5-1-B. 14 See Purported Texts attached to Third Supplement to Recusal Motions filed on Jan. 14, 2021 (“Purported Texts”). 15 Ex. 3 at ¶¶ 3-4. 16 Ex. 3 at ¶¶ 3-4; Ex. 1; Exhibit 9 (Declarations from Counsel in this case). 17 Ex. 1. 18 Ex. 2. 19 Ex. 3 at ¶ 5; Ex. 5-1 at ¶¶ 4-6. 20 Ex. 8-A. 5 demanded that Choudhri pay him a ransom to avoid this. 21 Wyatt also described a

bizarre allegation that “Stephanie” at Jetall had divulged an alleged plot by

Choudhri to hack into Google. 22 Wyatt can be heard cackling on the recorded

extortionate conversation, sounding like “The Joker” from Batman. 23

• Wyatt’s nephew Sedlachek had been hired by Jetall—upon Wyatt’s insistence—to

be a maintenance man at Jetall. 24 Choudhri agreed because he considered Wyatt

like family prior to the criminal history expose, even giving Wyatt’s son a job.25 In

proximity with Choudhri’s conversation with Wyatt above, Sedlachek made a

strange report to the HPD that Choudhri was attempting to use “Stephanie” at Jetall

to use a Mexican cartel to assassinate Abdullatif. 26 HPD records show that

Abdullatif (who was also investigated for criminal stalking as evidenced by the

records) contacted HPD concerning this strange theory and, therein, admitted that

he talked to a “coworker” of Sedlachek concerning this theory. 27 This “coworker”

has to be Wyatt, demonstrating that Wyatt was already in contact with Abdullatif

immediately after Choudhri rebuffed Wyatt’s extortion attempt. The HPD records

also show that Abdullatif has a number assigned to him by the Federal Bureau of

Investigation (“FBI”).28

• Wyatt and his nephew Sedlachek both disappeared from Jetall around the same

21 Ex. 8 at ¶ 5. 22 Ex. 8-B. 23 Ex. 8-B. 24 Ex. 8 at ¶ 7. 25 Ex. 8 at ¶ 7. 26 Ex. 11 (Abdullatif’s SSN has been redacted). 27 Ex. 11. 28 Ex. 11. 6 time. 29 Wyatt absconded with Jetall’s files, despite having signed a non-disclosure

agreement (“NDA”) with Jetall preventing him from disclosing any non-public

information or documents he obtained while working for Jetall regarding Jetall or

Jetall’s affiliates, such as the other defendants in this case. 30

• About six weeks later, Mokaram’s attorney that Wyatt threatened to call, Scott

Funk, sent a subpoena in the arbitration associated with this case. 31 The subpoena

requested all manner of documents related to Wyatt’s time at Jetall and Jetall’s

affiliates that were defendants in the arbitration. 32 All documents that Wyatt should

have never had if he had complied with his obligations under the NDA. Funk has

refused to disclose his communications with Wyatt. 33

• Because Jetall was not a party to the arbitration, Jetall sued Wyatt in the 334th

District Court and sought a temporary restraining order (“TRO”) to prevent Wyatt

from disclosing non-public information and documents obtained during his course

of employment with Jetall.34 Part of the basis of the TRO was the testimony of

community activist Quanell X. Farrakhan (“Quanell X”), who testified that he met

with Abdullatif and who confirmed that Wyatt was selling documents and

information.35 Consistent with Wyatt’s other bizarre allegations regarding

Mexican cartels and hacking Google—clearly an attempt by Wyatt to create shock

29 Ex. 8 at ¶ 7. 30 Ex. 5A-1; Ex. 12. 31 Ex. 5A-4. 32 Ex. 5A-4. 33 Ex. 13. 34 Ex. 5. 35 Ex. 5-B. 7 value for sale—Abdullatif revealed that Wyatt had told him that Choudhri was

supposedly attempting to hire Quanell X to kill Abdullatif. 36 The HPD dismissed

these accusations as a hoax. 37

• After the Recusal Motions began, Abdullatif sent Dolcefino to the Harris County

courthouse to harass and intimidate Judge Morris. 38 Dolcefino is a paid agent of

Abdullatif – yet another “pawn” like Mokaram, Kherker, Azhar, Mendez, and the

Wyatt family.39 Dolcefino even published a letter on his site purporting to request

an “interview” with Judge Morris. 40 Both Dolcefino and Abdullatif know that a

sitting judge cannot give interviews on cases and did so clearly as an attempt to

harass and intimidate Judge Morris. When Abdullatif was questioned regarding his

association with Dolcefino and payments to him, he refused to answer questions

based on the instruction of Mr. Funk, who is not even his counsel but supposedly

“independent” counsel for Mokaram.41

• Dolcefino recently contacted Quanell X and demanded that he recant his

testimony.42 When Quanell X refused, Dolcefino—clearly acting on behalf of

Abdullatif and Mokaram—threatened to sponsor criminal prosecution of Quanell

X.43 Dolcefino’s latest propaganda piece on what is essentially the “Osama

Abdullatif Network” contains vicious attacks on Judge Morris based on

36 Ex. 14. 37 Ex. 14. 38 Ex. 4. 39 Ex. 4; Ex. 10. 40 Ex. 15. 41 Ex. 16. 42 Ex. 14-A. 43 Ex. 14-A. 8 Wyatt’s fabricated allegations and evidence, but also features the administrative

judge, the Honorable Susan Brown, who will rule on the Recusal Motions.44

ARGUMENT AND AUTHORITIES

Abdullatif’s argument for recusal is nothing more than the “Gospel According to Wyatt” – a convicted felon who is one of Abdullatif’s many litigation pawns. Imagine if Wyatt were a young Black female convicted felon and Judge Morris were an older white male judge. Would they even try to pull off this scheme? Of course not. They only believe they can receive traction with it because the roles are reversed. As discussed below, there is no credible evidence to support

Mokaram’s frivolous recusal allegations and the Court should deny the Recusal Motions.

I. Wyatt’s Unreliable And Conclusory Testimony Should Not Be Considered.

As the Court will recall, the original verification of the Recusal Motions was signed by

Abdullatif. Abdullatif does not disclose in his verification the specific facts that reasonably inform his information and belief, but simply bases it on what he “heard”.45 We now know that his

“” was Wyatt and that Abdullatif was paying for what he “heard”.

The initial reasons for disregarding the testimony of Wyatt are obvious. Wyatt is a convicted felon who is selling evidence and testimony against Choudhri.46 Wyatt’s is recorded as threatening to ask Mokaram’s lawyer to subpoena him – and that exact thing happened. 47 Wyatt’s first hoax was to claim Choudhri was hacking Google. 48 He and his nephew then concocted a

Mexican cartel murder-for-hire hoax (apparently because Stephanie, a Jetall employee, was

44 See https://dolcefino.com/2021/01/20/a-judicial-embarrassment/. 45 See Verification to Motion to Recuse filed Jan. 5, 2021 46 See Exs. 5-1-A; 5-1-B; 5-B. 47 Ex. 8-A. 48 Ex. 8-B. 9 Hispanic). 49 Finally, they racially profiled Quanell X and offered him as Black Panther “hitman”

Choudhri hired to knock off Abdullatif. 50 The juicer the details – the higher the price Abdullatif would pay. Of course, the HPD dismissed these crazy allegations as hoaxes.51

But the crown jewel of Wyatt’s lie factory are the allegations against Judge Morris. It should be clear from the timing of the alleged texts and from Wyatt’s obvious motive to create information valuable to Mokaram and Abdullatif that (assuming the texts with Judge Morris are genuine) that Wyatt took advantage of Judge Morris’s unsuspecting friendliness to try and bait her into a recusal. Since Judge Morris was not working on any of the cases and could not act as counsel, it is clear that she did nothing more than offer assistance “behind the scenes” to help

Wyatt with things such as finding competent counsel to assist him in managing litigation. 52 Wyatt was apparently so incompetent that Judge Morris felt the need to give Wyatt a “referral” to use copy services. 53 None of this amounts to providing attorney-client advice to any of the parties in this case.

And this makes absolutely no sense anyway. How could Wyatt—who knows Judge Morris is the Democratic candidate for the general election—be making a bona fide attempt to retain

Judge Morris to represent parties that he knows (barring Harris County miraculously turning red in the general election) she will not be able to represent once she assumes the bench in a few months? Wyatt clearly was attempting to tease out a recusal issue that he could then sell to

Abdullatif.

Realizing that Choudhri never authorizing or instructing Wyatt to seek counsel from Judge

49 Ex. 11. 50 Ex. 14. 51 Ex. 14. 52 See Purported Texts. 53 Id. 10 Morris was a problem, and after Choudhri submitted a declaration testifying to this, Wyatt

miraculously remembered that Choudhri supposedly told him to contact Judge Morris to obtain a

TRO for him. 54 He also miraculously recovered text messages and calls with Choudhri that

purport to request Judge Morris to obtain a TRO in county court regarding this litigation (which is

in district court). 55 Choudhri has no record of these text messages/calls. 56 There is no public

record of Judge Morris seeking any TRO on behalf of any party in this case.57 Wyatt appears to

have completely fabricated this evidence like the murder and hacking hoaxes he has created. Why

would a convicted felon care about making a false declaration “under penalty of perjury” about

alleged offices used by Judge Morris and the other fantasies in Wyatt’s Declarations? Compared

to what’s on Wyatt’s rap sheet, perjury is small potatoes and would be a minimal risk for him to

take in return for being an Abdullatif litigation pawn.58

Moreover, Wyatt’s Declarations are filled with conclusory statements that should not be

considered by the Court. First, regarding his agency and as a “representative” of parties to this

case, these are legal conclusions.59 Wyatt can only testify that he was that he was asked to assist

with litigation. The only evidence is that Wyatt was an employee of Jetall—not the other parties—

who may have performed services on behalf of Jetall’s for companies that Jetall had a business

54 See Second Decl. of Chris Wyatt filed on Jan. 19, 2021 (“Second Wyatt Decl.”) filed with Fourth Supplement to Recusal Motions. 55 Compare Second Wyatt Decl. with Declaration of Chris Wyatt filed on Jan. 14, 2021 (“First Wyatt Decl.”) filed with Third Supplement to Recusal Motions. 56 Ex. 8 at ¶ 3. 57 Ex. 2. The Court can also take judicial notice of the contents of Harris County filings in both the county and district clerks offices to verify this. 58 Choudhri also objects to paragraphs 9 and 10 of the First Wyatt Decl. regarding supposed “threats” against Wyatt for disclosing the Purported Text Messages. There is no evidence of this and, in any event, neither Choudhri or any other party—after having had the opportunity to review the texts and piece together Wyatt’s actions before he left Jetall as a disgruntled employee—claims any privilege over these Purported Texts. These are entirely Wyatt’s doings, if they are genuine, and have nothing to do with the parties in this case. 59 First Wyatt Decl. at ¶ 3. 11 relationship with (affiliates).60 Second, Wyatt’s legal conclusions regarding Judge Morris providing legal advice must also be disregarded.61 Whether Judge Morris was acting as an attorney or providing legal advice is a question of law that that Wyatt is not qualified to testify on. Wyatt can simply testify about what was allegedly discussed with Judge Morris – not the legal significance of those discussions. Wyatt’s testimony is completely conclusory. There are no details about the alleged advice given, including date, subject matter, or other details that would enable the Court to determine whether it was legal advice. Wyatt’s conclusory statements would not suffice on a privilege log and it should not suffice here.

Finally, Wyatt’s allegations in his Second Decl. regarding Judge Morris watching a trial and asking questions of jurors after trial—even if true—does not even remotely create a recusal issue. All it does is demonstrate that an aspiring young jurist actually cared enough about the position she was seeking to watch a jury trial and discuss the trial with jurors. The evidence in the

Recusal Motions on this is completely lacking.

II. The Other Evidence Should Likewise Be Given No Weight.

For the same reasons as discussed above, the Declaration of Sedlachek should likewise be disregarded. He is Wyatt’s family member and left at the same time as Wyatt when he absconded with information for sale to Abdullatif.62 His ridiculous murder for hire hoax he attempted to offer to Abdullatif for sale in connection with Wyatt further completely compromises any legitimacy to his testimony.63 Wyatt is Abdullatif’s pawn, and Sedlachek is clearly Wyatt’s pawn, making him a “sub-pawn”. Nothing he says can be given any credibility.

60 See generally Exhibits 3 and 5. 61 First Wyatt Decl. at ¶¶4-7 62 Ex. 8 at ¶ 7. 63 Ex. 11. 12 Similarly, Mendez is an Abdullatif employee.64 Her testimony is clearly biased and, in any event, does nothing to create a recusal issue even if believed because it does nothing more than demonstrate Judge Morris observed proceedings in another court—completely appropriate for an aspiring judge—and does not make her unqualified to preside over proceedings in this Court.

There is no authority that holds an incoming judge cannot observe proceedings and exchange pleasantries with counsel and jurors without creating the appearance of bias or partiality.

CLOSING ARGUMENT AND CONCLUSION

The testimony of Wyatt is the fulcrum on which the entirety of the Recusal Motions rests.

Choudhri has demonstrated through copious and reliable evidence from police records, Wyatt’s own recorded admissions, and the testimony of disinterested witnesses who were lassoed into

Wyatt and his nephew’s web of hoax-for-hire scheme that nothing Wyatt says can be believed. He is a convicted felon who lied about his criminal history to gain access to Jetall and Choudhri. Even if believed, his statements regarding “legal advice” given by Judge Morris is completely conclusory and does not lay the proper predicate for a recusal.

Once the testimony of he and his nephew are discounted—as they should be—then the only evidence for recusal the Court is left with is the testimony of Abdullatif’s employee who claims to have seen Judge Morris at the courthouse in spatial proximity to Choudhri and his legal team, watching a trial and conversing with jurors after the fact. When countervailed with the undisputed evidence that Judge Morris was never counsel of record and was not in communication with the parties’ attorneys in this litigation and the public records showing same – there simply is no evidence of recusal because these types of things, as a matter of law, do not warrant recusal:

64 Ex. 10. 13 • The fact that any of the Defendants or their attorneys may have supported Judge

Morris’s campaign. See Aguilar v. Anderson, 855 S.W.2d 799, 802 (Tex. App.—

El Paso 1993, writ denied); J-IV Invs. v. David Lynn Mach., Inc., 784 S.W.2d 106,

107–08 (Tex. App.—Dallas 1990, no writ).

• The fact that the Plaintiffs or their attorneys may have opposed Judge Morris’s

campaign. Williams v. Viswanathan, 65 S.W.3d 685, 688–89 (Tex. App.—

Amarillo 2001, order); Sears v. Olivarez, 28 S.W.3d 611, 615–16 (Tex. App.—

Corpus Christi 2000, order).

• The fact that certain of the Defendants or their attorneys may have mingled with

Judge Morris socially, whether or not in connection with any campaign, and may

have extended her hospitality. See TEX. CODE JUD. CONDUCT, Canon 4(D)(4)(b).

• The fact that Judge Morris may be personal friends with any Plaintiff or their

counsel does not require recusal. See, e.g., Woodruff v. Wright, 51 S.W.3d 727,

736–37 (Tex. App.—Texarkana 2001, pet. denied) (recusal not required when

defendant had operated on judge's mother and judge had performed wedding

ceremony for defendant); Youkers v. State, 400 S.W.3d 200, 206 (Tex. App.—

Dallas 2013, pet. ref'd) (recusal not required when trial judge was Facebook friend

of defendant's girlfriend's father).

All of these things are obvious to anyone who has practiced in Texas state courts where our judges are elected. Regrettably, Abdullatif has engaged in a misinformation campaign using his reporting service to make it appear that it is somehow inappropriate for judges to preside over cases where the parties or their attorneys are campaign supporters. To that end, he has used intimidation tactics against both judges and witnesses and has inappropriately influenced

Wyatt’s testimony for his own ends. Abdullatif has used his many pawns—Mokaram, Kherker, 14 Azhar, Dolcefino, Mendez—to engage in nuclear litigation through our courts and even law enforcement to attack Choudhri. Now he seeks to use these pawns along with the Wyatt family to make our Harris County judges collateral damage in his scorched Earth campaign. This cannot be allowed to continue. Abdullatif must be stopped. His pawns cannot be allowed to have power over our elected judges and officials.

The Recusal Motions should be denied.

Respectfully submitted,

/s/ Joseph D. Sibley Joseph D. Sibley State Bar No. 24047203 [email protected] Camara & Sibley LLP 1108 Lavaca St. Suite 110263 Austin, Texas 78701 Telephone: (713) 966-6789 Fax: (713) 583-1131

COUNSEL FOR ALI CHOUDHRI

CERTIFICATE OF SERVICE

I certify that the foregoing was served on all counsel of record on January 25, 2021, by the e-filing system of the Court.

_/s/ JOE SIBLEY JOE SIBLEY

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