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Sikh Dharma Worldwide - www.sikhdharmaworldwide.org – (505) 629-1562 |
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Legal Update & Executive Committee Report Part I |
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March 29, 2012 Dear Members of the Sadh Sangat, Sat Nam and blessings to all. We are at a defining time in our Dharma, and we are being called upon to shape the future of the Sikh Dharma family of non-profits and for-profit entities. The following report is Part I of a series of communications that will be sent to the Sangat regarding our current legal status and the next steps for moving forward. Please read this document thoroughly, as we all will be called to action in the coming days.
In our last legal update we reported that the Bankruptcy Court Judge, Judge Frank R Alley set a hearing on Friday, March 23, 2012 in Eugene, Oregon to hear our motion to remand our case back to Judge Roberts in conjunction with our motion for Relief from Stay. We are happy to report that on Friday, after hearing 1 1/2 hours of arguments, Judge Alley issued a ruling which allows Judge Roberts to issue the balance of her ruling including remedies. Judge Alley concluded that “the motion to remand” the case back to Judge Roberts “must be allowed. (See “Transcript Judge Alley Ruling” on SDW legal archive page.) The Judge stated, “I am of the view that substantial if not compelling equitable grounds exit to remand this case to the Circuit Court so that the matter may proceed to entry of a final judgement without further delay”. We were informed yesterday, March 28, 2012 that the Orders granting the Relief from Stay have been signed by Judge Alley. The signed orders will be sent to Judge Roberts. (See: “GTM Order for Relief from Stay”, “Kartar Order for Relief from Stay” and “Kartar Remand Order”which are posted on the SDW legal archive page.) Upon receipt of Judge Alley’s signed order, Judge Roberts will be free to rule in the State Court case.
This means that Judge Roberts can now issue the balance of her ruling including remedies covering of all aspects of our lawsuit. She has previously indicated that she “was on the eve” of issuing her ruling prior to the Defendants’ bankruptcy filing. Part of the relief requested in our lawsuit includes the removal of the current members of the SSSC and UI Boards and the repopulation of the SSSC and UI Boards.
As mentioned in my communication to the Siblings of Destiny e-group on Sunday, March 25, 2012, this is an extremely significant time in our legal process. As a result of Friday’s ruling, we have been advised by our lawyers that there is an immediate need to establish a process to nominate, vet and select new members to repopulate the SSSC board. This task needs to be implemented and completed within 3 weeks, in the event that Judge Roberts requests such a member list and/or repopulation plan as part of her remedies ruling. Most importantly, we must be able to demonstrate to the Attorney General of Oregon and to Judge Roberts that our community is able to determine and implement a process for the selection of this board in a manner consistent with our Complaint, in a manner consistent with our Prayer for Relief, and in a manner consistent with currently accepted legal guidelines and best practices for corporate governance. Siblings of Destiny Executive Committee (SODEC) Meeting The Siblings of Destiny Executive Committee which meets 2 – 4 times each year to plan the agenda for the upcoming Siblings of Destiny meeting, met this past weekend in Espanola, New Mexico. As a result of Judge Alley’s ruling referenced above, the SODEC was tasked by the Plaintiffs and the Plaintiff’s Counsel with developing and implementing this nominating, vetting and selection process to repopulate the SSSC Board within the 3 week time frame. The SODEC had already scheduled a meeting in Espanola on Saturday, March 24th, and this “task” became the primary focus and topic for discussion of the meeting. The SODEC met for 12 hours on Saturday and 4 hours on Sunday with the intention of defining a selection process that will serve the highest good for the future of the Dharma.
For those who may be unfamiliar with the Siblings of Destiny Executive Committee, the SODEC is comprised of the following individuals:
The following are the members: (Those who were unable to attend this meeting either in person or via telephone have an asterisk by their name.)
The individuals listed above have a long history of service to our Dharmic Community, and represent a broad spectrum of perspectives and viewpoints. Based on a thorough and comprehensive discussion this past weekend, considering a variety of elements including but not limited to: Dharmic values, a review of the pleadings in this matter, input from past Siblings meetings and the Governance Group, and input from Plaintiffs’ counsel, the SODEC members in attendance determined that the following Key Elements are essential in any process to repopulate the SSSC Board in a manner consistent with our Complaint, in a manner consistent with our Prayer for Relief, in a manner consistent with currently accepted guidelines and best practices for corporate governance, and in a manner which reflects the values of our Dharma: Key Elements
Over the next several days, we will be sending out another email, Part II, which will explain and detail the nature of the process that was developed and its operative elements. This includes: defining the nomination, vetting and selection groups, defining the nomination, vetting and selection processes, the eligibility requirements for serving on the SSSC Board and an explanation of the duties and responsibilities of the SSSC Board. (Please note that the process itself and these elements may be subject to the vagaries in the on-going litigation which surrounds this transition.)
This is truly an exciting time in our Dharma. Each part of this process is the result of thousands of hours of work and discussion from hundreds of members of our Sangat. It is a significant first step, and much more work will need to be done to shape the structure and governance practices of our Dharma over the coming months and years. This process will take dedication, hard work and patience. In order to serve the future of our Dharma it is essential that we work together in trust, unity and cooperation. We have a great opportunity ahead of us to serve the future of our Dharma and the Siri Singh Sahib’s legacy. Let’s build our future together and manifest the dignity and divinity of the Khalsa. Blessings to all, Secretary General |
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March 2012 SDW Newsletter
Sat Nam!
Visit our Sikh Dharma Worldwide Blog to see the March 2012 Community Connections newsletter.
Legal Update – March 2012
March 15, 2012
Dear Members of the Sadh Sangat,
Sat Nam and blessings to all. There has been a flurry of activity in both the State and Bankruptcy cases in the past two weeks.
As written in the SDW March newsletter, Kartar Singh and Golden Temple Management, LLC filed for Chapter 11 bankruptcy on February 17th. Under Federal Bankruptcy law, the filing of the bankruptcy petition stayed (or stopped) Judge Roberts from ruling against the bankrupt defendants. Judge Roberts requested briefing from all the parties as to the impact of the bankruptcy filing on her ability to enter her Remedies order against the other defendants who have not filed for bankruptcy protection. Between February 29th and March 7th, all the parties submitted the requested briefing to Judge Roberts regarding her ability to rule on some issues despite the bankruptcy court automatic stay.
On February 29th there was an expedited hearing at which Golden Temple of Oregon, LLC change its name to East-West Tea Company, LLC. This name change was necessary as GTO was required by terms of the 2010 sale of the cereal division to Hearthside to stop using the name Golden Temple within two years of the sale. We no longer have the right to use the name Golden Temple.
On March 7th, UI, Kartar and GTM filed a Notice of Removal in the State Court action removing the entire case from Judge Roberts to the Bankruptcy Court. This action (if unchallenged) deprives Judge Robert of the ability to issue any ruling in the State case, instead making the bankruptcy court the new judge for the issues in the State case. Judge Roberts promptly issued an order stating her intent to hold a Status Conference in April. It has been set for 2:30 PM PDT on April 11th.
On March 8th and 9th, the State and Private Plaintiffs each filed an expedited Motion to Remand the Case back to State Court due to the fact that Judge Roberts is ready to rule and starting the case over again in Bankruptcy court would be inefficient and expensive. On March 13th the State and Private Plaintiffs also filed a Joint Motion for Relief from Stay and Regarding Applicability of the Stay. The Motion argues that the bankruptcy automatic stay does not bar Judge Roberts from entering an order concerning the property she found is held in constructive trust for the community. This is because trust property does not belong to the trustee personally, so if the trustee files bankruptcy, the trust property is not part of the bankruptcy estate. If the bankruptcy court grants both motions, the case would be returned to Judge Roberts who finally would be able to issue her ruling on the case.
On March 9th, the bankruptcy court judge, Judge Frank R. Alley III, granted the expedited motions and issued an order to set a hearing on Friday, March 23rd at 10 a.m. in the Bankruptcy Court in Eugene, Oregon, on both the remand motion and the motion for relief from stay. Judge Alley also continued Judge Roberts’ January 9th standstill order.
On March 12th, GTM filed a valuation report stating that GTO is currently worth $50 Million so GTM’s interest is worth $40 Million. As stated in the report, the decreased valuation from the time of the Hearthside sale is based on the loss in 2011 of the undisputed right to use the “Yogi” brand and the ongoing litigation regarding its use of the brand. The statement concludes with the sentence that “The estimate has not been audited or otherwise approved by any entity other than Debtor [GTM].”
As part of the regular bankruptcy proceedings, there will be a Meeting of Creditors on Monday, March 19th, where the State and our attorney will have the opportunity to question the debtors concerning their assets. This may be followed at a later date by more in depth depositions of the debtors.
All of the pleadings are posted in the Legal Documents Archive section of the SDW website. We will keep you informed of further developments.
We appreciate everyone’s continuing prayers and support. Our legal effort continues to require our commitment and dedication. To support the Legal Fund as these proceedings continue, please call us at 505-629-1562 or go on-line to contribute a donation at www.sikhdharmaworldwide.org . May we keep up and move forward in unity and purity of consciousness to serve the mission of Sikh Dharma and the legacy of our beloved Siri Singh Sahib Ji.
Blessings to all,
SS Gurujot Kaur Khalsa
Secretary General
Sikh Dharma Worldwide
Sikh Dharma Worldwide - www.sikhdharmaworldwide.org – (505) 629-1562
PO Box 2213, Espanola, NM 87532
Legal Update – February 2012
February 15, 2012
Dear Members of the Sadh Sangat,
Sat Nam and blessings to all. As reported in our last legal update, on January 17th, all parties in our lawsuit submitted briefs on Remedies to Judge Roberts. Since that time, most of the parties have also submitted to the court supplemental remedies briefs, (which are basically rebuttals to the other briefs). All the Supplemental Remedies Briefs are posted in the Legal Archive section of the SDW website along with a copy of the recent US Supreme Court case all the parties refer to in their briefs.
A short summary of the Private Plaintiffs’ Response to Remedies, is set out in the introduction of our supplemental brief as follows:
- In sum, private plaintiffs’ continue to request, and are entitled to, the remedies requested in previous briefing, including, but not limited to: removing breaching fiduciaries from the various boards and providing for their replacement through SSSC’s 1997 articles and bylaws, voiding the 2007 transaction, and ordering the return of all trust monies distributed to the various defendants.”
The entire brief is in the Legal Archive section of the SDW website. We will keep you informed of any further proceedings.
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The following letter was posted on the Siblings of Destiny e-group on January 26th by Gurujodha Singh giving his perspective on the remedies requested and the status of the case:
Are We There Yet?
Dearest Siblings:
“Are we there yet?” Remember those long rides sitting in the back seat of your parents’ car on the New Jersey Turnpike or the Baltimore Beltway or perhaps on the I-40 or Route 66 when you would plaintively ask : “Are we there yet?” And of course your parents would respond: “Almost, sweetie”. Of course “almost” was never 15 or 20 minutes long but was usually more like five or six hours of looking at your Buster Brown shoes or re-coloring in your coloring book while you waited for this seemingly interminable ride to be over. The only thing that kept you going was that thought of Grandma’s hug or dipping your toes in the 6 inch waves of the Atlantic Ocean.
Well, we are in a similar situation regarding this lawsuit. Many people are asking “Are we there yet?” and the answer is “Almost”. But just like that long summer vacation ride we are still some distance from the ultimate end of this case.
Recent events in this case include:
■UI Defendants hire separate Legal Counsel
■ Hearing on Attorney General’s Motion – for “Appointment of a Receiver” for UI, KIIT, SSSC and SSS of SD.
1. Judge denies AG request for the appointment of a Receiver.
2. Judge issues an “Order Regarding Transfer of Assets Pending Entry of Judgment”
■ Mediation re: Bibiji’s Federal Lawsuit – Thursday, January 12, 2012.
■ Submission of Briefs on Remedies – On Tuesday, January 17, 2012.
Private Plaintiffs Brief includes requests to:
1.Void the Joint Venture transaction (return the businesses back to trust ownership);
2.In the alternative to voiding the Joint Venture transaction, award money damages: (against individual UI defendants and GTM and its members: $124,134,298, plus interest, with joint and several liability);
3.Disgorge profits from the sale of the cereal division, with interest and with joint and several liability;
4.Disgorge the compensation and bonuses received by UI managers with interest and with joint and several liability;
5.Remove defendants who have violated fiduciary duties from the SSC, UI, KIIT and GTO Boards;
6.Award private plaintiffs attorney fees and costs;
7.Deny indemnification to defendants and order the repayment of funds previously advanced;
8.Require the repayment of any trust funds used to effectuate the joint venture or pay for the defense of this lawsuit;
9.Order an accounting of trust funds performed by a receiver.
■ On January 13, 2012, Siri Karm Kaur Khalsa, Peraim Kaur Khalsa & Sopurkh Kaur Khalsa filed a lawsuit against Schwabe Williamson & Wyatt, Roy Lambert, Gary Roberts, Cogence Group and Jay Sickler.
■ On January 17, 2012, Unto Infinity and KIIT filed a lawsuit against Roy Lambert and Schwabe Williamson & Wyatt for legal malpractice. The lawsuit is for $62 million.
■ Plaintiffs are awaiting the Judge’s ruling on Remedies.
Clearly, even non-lawyers may be able to discern that there are a few more “bathroom stops and peanut butter and jelly sandwiches” between now and the end of the case.
The events set forth above make three things abundantly clear to me:
1. There are now more lawyers involved in this case.
2. I suspect there will be more motions, more oppositions to motions to be filed, more court appearances, more mediation appearances, more correspondence, more phone calls, more client meetings, potential appeals of the case in chief and/or law and motion rulings by the judge- in short more work for our attorneys to perform.
3. We will be paying more attorneys fees.
Rest assured as I read the Private Plaintiffs Amended Complaint and Remedies Brief we have asked the Court to order that the defendants pay our attorneys fees and costs. But that’s a little like the ride to Grandma’s house described above-first you have to get there to enjoy her hug and ensuing hot apple pie.
In the meantime we have to “pony up” this money. Yes this case has cost a great deal to date. But compared to the value of these teachings, compared to the future we committed to create for our children and their children, compared to the internal promise we made to the SSS and the promise he made to us in return, compared to the value of the assets, businesses and properties that were built and acquired for this Dharma and its future, I dare say the amount we have paid to date is comparatively a small sum.
Moreover, the initial results were well worth the initial investment. Now if we desire to complete what we started and secure this Dharma, these assets and the best outcome possible for this case we need to do two (2) things:
a.) Pay the current outstanding balance with Davis, Wright, Tremaine (DWT) down to zero; and
b.) Continue to expand the donation stream that will support the aggressive prosecution of this case by the lawyers we have retained to represent us.
Finally, it should be noted that DWT is not a non-profit entity. They intend to make the best use of the resources they have at their disposal which includes the skills and minds of the lawyers they have working for them. They will allocate those professional resources in a manner which maximizes the profitability of each case- for them. Their law firm is a business. We need to understand this business reality and appreciate that in order to have the top litigation partner (John McGrory) and other top tier attorneys (Andy McStay, et al) continue to work on our case it is less a matter of cosmic entitlement and more an earthly matter of paying the bill.
So my recommended action plan: dig down, reach out, meditate, contemplate, communicate, do what it takes, but don’t wait- sacrifice, be nice, roll the dice, if you need to- get advice, clear the decks, and write some big checks:) Continue to financially support this litigation effort.
Are we there yet? …Almost.
S.S. Gurujodha S. Khalsa
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Much gratitude to all for your continuing prayers and support. Our legal effort continues to require our commitment and dedication. To support the Legal Fund as these proceedings continue, please call us at 505-629-1562 or go on-line to contribute a donation at www.sikhdharmaworldwide.org . May we keep up and move forward in unity and purity of consciousness to serve the mission of Sikh Dharma and the legacy of our beloved Siri Singh Sahib Ji.
Blessings to all,
SS Gurujot Kaur Khalsa
Secretary General
Sikh Dharma Worldwide
Sikh Dharma Worldwide – www.sikhdharmaworldwide.org – (505) 629-1562
Sikh Dharma Worldwide | PO Box 2213 | Espanola | NM | 87532
Legal Update: January 2012
January 20, 2012
Dear Members of the Sadh Sangat,
Sat Nam and blessings to all. The following is a summary of the legal events of the past two weeks. For further details, please read the documents which are all posted in the Legal Archive section of the SDW website: www.sikhdharmaworldwide.org
- UI Defendants hire separate Legal Counsel – As a result of the Judge’s ruling on our case in which she found the UI defendants liable for Breach of Fiduciary Duty, Aiding and Abetting Breach of Fiduciary Duty and Unjust Enrichment, the individual defendants have had to hire separate legal counsel. There are now seven sets of attorneys representing the defendants.
- Hearing on Attorney General’s Motion – A hearing was held on January 5, 2012 and continued on January 9, 2012 regarding the Attorney General’s motion for “Appointment of a Receiver” for UI, KIIT, SSSC and SSS of SD. Included in the motion was the request to “Prohibit each and every defendant from transferring assets outside the ordinary course of business”. (The AG’s motion and the responses of all parties to the motion are posted on the Legal Archive section under the heading “AG’s Motion for Appointment of a Receiver”). The following were the results of the hearing:
- The Judge denied the request for the appointment of a Receiver at that time.
- The Judge issued an “Order Regarding Transfer of Assets Pending Entry of Judgement”, which stated that the Defendants (Kartar Singh Khalsa, Sopurkh Kaur Khalsa, Peraim Kaur Khalsa, Siri Karam Kaur Khalsa, Unto Infinity, LLC, Sikh Dharma Stewardship, LLC, Siri Singh Sahib Corp, Golden Temple Management, LLC, SDI, Karam S. Khalsa, Ajeet S. Khalsa, Guru Hari S. Khalsa, Gurudhan S. Khalsa and KIIT Co. Inc.) “will refrain from making any transfers of interests in their assets, other than routine transfers and expenditures in the ordinary course, unless consented-to in writing by Plaintiffs or authorized by this Court”…..”A transfer or expenditure is neither routine nor in the ordinary course if it is made for the purpose of paying attorney fees…” The Judge further stated that “Assets found by this Court to be trust assets, or the proceeds of Trust assets…are prohibited from being used for indemnification, advancement of legal expenses, or reimbursement of legal expenses of any of the individual defendants, including for their past, present, or future legal fees and expenses incurred in connection with this litigation.”
- Mediation re: Bibiji’s Federal Lawsuit – A mediation was held in Portland on Thursday, January 12, 2012 for the parties involved in Bibiji’s Federal lawsuit against Roy Lambert, the UI defendants and Karam Singh. Although we are not parties to the litigation, the mediating Federal Judge requested that we participate. John McGrory, his partner Jim Waggoner, Avtar Hari Singh and Chancellor Amrit Kaur were present. The mediation process continued through the day and may resume in February.
- Submission of Briefs on Remedies – On Tuesday, January 17, 2012, all parties in our lawsuit submitted briefs on Remedies to Judge Roberts, as requested. All the briefs can be found under the “Briefing on Remedies” heading in the Legal Archive section of the SDW website. The main points of our supplemental brief, entitled “Private Plaintiff’s Supplemental Memorandum Regarding Remedies” are as follows:
- Void the Joint Venture transaction (return the businesses back to trust ownership);
- In the alternative to voiding the Joint Venture transaction, award money damages: (against individual UI defendants and GTM and its members: $124,134,298, plus interest, with joint and several liability);
- Disgorge profits from the sale of the cereal division, with interest and with joint and several liability;
- Disgorge the compensation and bonuses received by UI managers with interest and with joint and several liability;
- Remove defendants who have violated fiduciary duties from the SSC, UI, KIIT and GTO Boards;
- Award private plaintiffs attorney fees and costs;
- Deny indemnification to defendants and order the repayment of funds previously advanced;
- Require the repayment of any trust funds used to effectuate the joint venture or pay for the defense of this lawsuit;
- Order an accounting of trust funds performed by a receiver.
- On January 13, 2012, Siri Karm Kaur Khalsa, Peraim Kaur Khalsa & Sopurkh Kaur Khalsa filed a lawsuit against Schwabe Williamson & Wyatt, Roy Lambert, Gary Roberts, Cogence Group and Jay Sickler. They sued for legal malpractice. Jay Sickler and the Cogence Group were the appraisers for the 2007 transaction. The lawsuit is for $60 million.
- On January 17, 2012, Unto Infinity and KIIT filed a lawsuit against Roy Lambert and Schwabe Williamson & Wyatt for legal malpractice. The lawsuit is for $62 million.
- We are awaiting the Judge’s ruling on Remedies.
Much gratitude to all for your continuing prayers and support. Our legal effort continues to require our commitment and dedication. To support the Legal Fund as these proceedings continue, please call us at 505-629-1562 or go on-line to contribute a donation at www.sikhdharmaworldwide.org . May we keep up and move forward in unity and purity of consciousness to serve the mission of Sikh Dharma and the legacy of our beloved Siri Singh Sahib Ji.
Blessings to all,
SS Gurujot Kaur Khalsa
Secretary General
Sikh Dharma Worldwide
Sikh Dharma Worldwide – www.sikhdharmaworldwide.org – (505) 629-1562 PO Box 2213, Espanola, NM 87532

