-2-
Vogel, through his counsel, complete information about the
car, including the car’s tag numbers, sticker, a picture of the
car, an appraisal of the car, and the PHONE NUMBER OF
THE DEALER, with a request for him to pay for the car. All
Vogel or his counsel had to do was pick up the phone and
make payment arrangements. Vogel refused.
“6. Exhibits “A”, “B” and “C” filed with this declaration are true,
accurate and authentic copies of email correspondence
between myself and Vogel, through his counsel. I sent to
Vogel all the information he needed, but Vogel just ignored it.
At that point, it was more than clear to me as Baron’s still
unpaid
appellate counsel that Vogel had no intention of
allowing the funding for a car or better living conditions. It
was clear that Vogel was playing a game to pad his billing at
Baron's personal expense.
“7. Similarly with respect living conditions for Baron, Vogel
required that a signed lease be presented to him for his
signature. However, Vogel refused to provide for the cost of
movers, utility deposits, insurance, and the like. Under those
conditions, Baron could not physically move. As it is, Baron
has been unable to obtain some medical treatment and testing
because after paying for his out of pocket share of his medical
needs and medications, Baron was unable to pay the
deductible necessary for the medical care he required. I raised
this to the attention of both the Court and Vogel, but unless
Baron was willing to compromise and waive his fundamental
right to privacy as to his medical care, funding for his out of
pocket medical costs was refused. In that circumstance,
without additional funding to the costs of relocating beyond
just the monthly rental agreement, it was not possible for me
to facilitate Jeff’s relocation. So, once again, the matter was,
for Vogel, another billing game at Baron's expense.
“8. I repeatedly raised the issue of Baron’s living conditions to
Vogel’s attention. My requests were generally ignored. For
example, over a year ago on July 25, 2011, I emailed Vogel
(through his counsel) that “Jeff has no air-conditioning in his
apartment and still needs a car-- that the Court authorized”.
Vogel responded by serving a subpoena on my law office trust
account to search for non-existent evidence that Baron had
paid me any money for representing him. Vogel expended
Case 3:09-cv-00988-F Document 1052-2 Filed 09/25/12 Page 2 of 5 PageID 60660