May 20, 2015 Court Date:

Based on documented and stamped court papers, along with Judge Bagley’s words, I was only prepared for a maximum of a 1 hour 30 minute hearing for BOTH sides and no longer. Without warning, this court date lasted 5 hours and 30 minutes. I never brought any of my appropriate papers/questions to ask Patrick Whaley. I only brought a 30 minute prepared speech to read to the judge, in hopes he would allow this case to proceed to a trial. Even though I was tricked by this judge, I gave a court room performance this judge hated and was not prepared for.

I should have known something was suspicious from Judge Bagley’s opening statements and the absence of any witnesses. Luckily, I paid for the court transcript to defend each and every word I’m writing.

A. Before both sides had a chance to speak, Judge Bagley asked me if I were still completing a pro se case? I stated “Yes”.

B. Then he stated this case was going to be tough for me to prove and I was going to have an uphill battle.

(The tone was set from the very beginning; I was screwed).

C. I also realized the witness Patrick Whaley had in court two weeks earlier NEVER appeared.

D. The judge now indicates to me this is going to be more than a 30 minute hearing and I could ask questions.

E. Dana Miles and John Bowler speak first. Dana Miles speaks for 20 minutes. He apologizes to the court concerning how and why his Temporary Restraining Order was incorrectly completed and denied.

F. John Bowler speaks for 1 hour and 30 minutes. One hour into his rambles of providing the court with zero proof of how Patrick Whaley was the original inventor and why I was incorrect for approaching the court with my claims, I interrupted and asked the Judge why he was able to speak for 60 minutes, when you told us on April 30 we only had a maximum of 30 minutes each to speak. Judge Bagley stated “My morning is open, and we have plenty of time.” Then when I spoke and was making excellent statements this judge stated “time was limited” and “I needed to hurry up”.

G. During John Bowler's speech he stated the reason Patrick did not and could not participate in the 2009 InVenture Prize Contest was due to an injury. I do not know what injury he was referring to, because the May 4, 2009 shooting took place 5 Months AFTER the start of the 2009 InVenture Prize Contest.

H. He also stated their defense was based on a Non-Disclosure Agreement Patrick and Southwest Technology had in place before I spoke with Cindy Belt. They also announced the name of a Southwest Technology account representative Karin Kennedy.

I. Over the previous 7 months, in ALL of the emails, phone calls, and court documents I received, the name Karin Kennedy and a Non-Disclosure Agreement was NEVER spoken. Each and Every conversation indicated Patrick Whaley conceived, developed, and invented the World’s First Weighted Compression Gear by himself.

How Karin Kennedy was introduced

On the stand answering John Bowler’s questions, Patrick introduces Karin Kennedy for the first time and his 1000 sheets of Gel purchase from her in 2007. He states Karin was his only contact at Southwest Technology (SWT) from 2007 until 2014. In 2014, Karin retires from her position at SWT. Then Patrick states Cindy Belt became his contact person “recently” in 2014. (I asked Patrick if he could contact Karen and have her complete an Affidavit, and he stated he didn’t know how to contact her).

It is my belief, based on the facts and questions I introduced with the “12/12/14 Patrick Whaley Letter,” these lawyers had no other defense but to create a False contact person named Karin Kennedy, a False “Cindy Belt Affidavit” and a False “Non-Disclosure Agreement”.

J. Then, as John Bowler kept talking, I kept objecting and asking questions because his statements were outrageous.

K. Judge Bagley kept slamming his gavel and stated;

I could only ask questions when Patrick Whaley is on the stand. 

I could only ask questions when Patrick Whaley is on the stand. 

I could only ask questions when Patrick Whaley is on the stand. 

L. When John Bowler completed his speech, Judge Bagley changed his mind and stated I could now address the court and ask Patrick questions on the stand. I was shocked, but I was not going to miss my opportunity. I just decided since this case was outrageous, why not wing it and ask questions solely based from memory.

M. One of my first points was to introduce the name of an Atlanta based attorney Michelle Kandcer of the firm Gardner Groff. Michele was part of a colluding act with John Bowler. (Judge Bagley became furious with me)!!!

John Bowler & Michelle E. Kandcer Collusion:

While I was living in Massachusetts, I wanted to hire an Atlanta based lawyer. So on December 26, 2014, I emailed Michele Kandcer. I sent her simple email questions, and in return, I received replies intended to prevent me from going forward with my case. The odd replies below led me to investigate her unethical and deceptive motives.

12/26/14 Salah to Michele:

Does your company or ANY individual working for you have ANY connection to:

-Troutman Sanders LLP / John Bowler  

-Patrick Whaley Founder/CEO / TITIN, Inc.

12/29/14 Michelle E. Kandcer Reply:

Our small firm probably wouldn’t be a great fit for this case, as we would need a substantial retainer ($30,000 to $50,000).  So you should look elsewhere for help.  I do wish you the best.

Michelle E. Kandcer
Attorney At Law

(I thought her “substantial retainer” reply was odd because it didn’t answer my questions. I assumed she knew John Bowler and they were trying to prevent me from going forward.)  

12/29/14 Salah to Michele:

If you'd like to speak, that would be excellent, xxx-xxx-xxxx.

I would love to attach my documents for you to read and if you liked my case, I would fly to Atlanta by Wednesday with a certified check and we could go from there.

12/29/14 Michelle E. Kandcer Reply:

Our litigators are out of the office this week, and then, they have a busy docket over the next few weeks.  I will forward your message to them for one of them to follow-up with you, but if this is time-sensitive, you should seek help elsewhere. 

12/29/14 Salah to Michele:

Can you refer me to any other Atlanta firm?

(After this email our communication stopped so I then called her firm and spoke with a receptionist. I asked if their firm had a working relationship with Troutman Sanders (John Bowler’s firm). The receptionist replied Yes. At the time, Michele was not my concern. A few weeks went by, and I contacted her again by email.)

01/18/15 Salah to Michele:

Please read Your deceptiveness has been mentioned.

(After this email I contacted her receptionist again by phone and asked if her firm had a working relationship with Troutman Sanders. This time the receptionist stated we can’t release this info.) 

N. As I stated, when I introduced the name Michelle Kandcer, Judge Bagley became furious, and he IMMEDIATELY slammed his gavel again, because he knew I had made a legitimate point of collusion, and he did not want to hear my reasons. He made me redirect my questions and then told me to read the letter I prepared. I rehearsed and rewrote the letter below several times the night before trying to stay within the 30 minute court allowed time period.

Main Points of the 30 minute letter I read in court:

O. Your Honor my entire case is based on Facts, while Patrick Whaley and his two sets of lawyers, Daymond John, Cindy Belt and Southwest Technologies, GT and the InVenture Prize Contest, answers and replies, are based on Gimmicks and Nonsense. Initially, I received answers from Patrick and his employees, Cindy Belt and Southwest Technologies, and the InVenture Prize Contest, and then everyone began to hire multiple law firms and began to utilize their 5th amendment right.

Over the past six months, I have made it very clear to everyone; PROVE ME WRONG, AND I WILL GO AWAY!!!! It was NEVER my intention to turn this into a court room case.

Because today’s hearing is limited, I’m fighting just to make certain this case has an opportunity to move forward. Each of the people I’ve mentioned; their testimonies are Vital to my entire case. Without each person’s court testimonies, my case will remain stagnant, and I will lose my ability to properly regain my Prototypes and Invention. Anyone can send emails and make up an Affidavit from 800 miles; these individuals need to be held accountable and sworn in.

I need this case to move forward, so I may receive answers to my legitimate questions that have a tremendous bearing on the outcome of this case. Patrick Whaley and everyone have chosen to hide behind the 5th amendment, and I’m asking the court to allow the truth to be revealed. If Patrick Whaley and his employees, Daymond John, Southwest Technologies, InVenture Prize Contest and GT have nothing to hide, then just answer my questions; and if they can prove that Patrick Whaley and Cindy Belt did not conspire to steal my prototypes then just simply prove it in court. Any person can send inconsistent emails and complete and affidavit 800 miles away without any consequences.

When I first filed my court documents; our first court date was set for May 7 and then Patrick Whaley’s lawyers moved this court date to April 30. Prior to Patrick Whaley's and his lawyer's requests for case dismissal and multiple counter claims on April 15, I had sent the court two motions. One was to move the initial trial date to August, because after researching information within the Forsyth and Cobb County Libraries, I needed more time to prepare; and the second motion was to summon TITIN and Georgia Tech employees and business partners Daymond John, Cindy Belt, John Phillips, and Ed Stout. Each of these individuals’ testimonies in court is VITAL to my claims.

I just want honest answers to my questions, your honor, and nothing else. I’m tired of receiving Gimmicks and Nonsense for replies. In a court room is where everyone needs to be, so they can be held accountable for their actions and words, not 800 miles away and hiding behind emails.

These two motions are VITAL to this case, without the testimonies of these individuals, there is absolutely no chance I can prove my version of this case. Any person can send inconsistent emails and complete an affidavit 800 miles away without any consequences. There are too many questions that still need to be asked and answered by all parties mentioned. These people’s testimonies are vital to my entire case. Without them, my pursuit of justice is lost.

The majority of my case is based from the 12/12/14 Patrick Whaley Letter and 12/16/14 Questions for ALL Letters, which these questions have never been answered. I’ve given Patrick Whaley and his TWO sets of lawyers, Cindy Belt and Southwest Technologies, Daymond John, and the Georgia Tech InVenture Prize Contest 7 months to answer my questions; and they all have chosen to utilize their 5th amendment right. I just need this case to move forward.

During my 7 week investigation, I had been only receiving emails from TITIN employee Scott Hakim, because Scott stated he was TITIN’S primary contact, and Patrick was too busy to reply to my emails. Since Scott is the primary TITIN contact, he should be here explaining his emails. As well as Daymond John, Laura Diamond, Ray Vito, Cindy Belt, John Phillips and Ed Stout, who during my 7 week investigation were dealing directly with Patrick Whaley. Their testimonies are VITAL to this case.

(Since I already proved and the Judge AGREED (as stated on the court transcript) the Southwest Technology/“The Cindy Belt Affidavit” was manufactured and filled with lies and misleading statements. I have left out the 7 pages of me explaining why her affidavit was filled with nonsense).

Now it was 7 Months Later and I finally had the opportunity to ask Patrick Whaley questions in court.

P. After I finished reading my letter, I could now ask Patrick Whaley questions when he was sitting on the stand. Because this entire case was a CIRCUS gone bad, I just decided to wing it and ask questions based on memory. Because I was asking solid questions and Patrick Whaley was stumbling for answers. Judge Bagley became furious AGAIN and instantly crushed my momentum by the pounding of his gavel and the raising of his voice.

The limited questions I asked Patrick Whaley

Salah Zabian (SZ): Can you contact Karin and have her complete an Affidavit?

Patrick Whaley (PW): I don’t know how to contact her.

SZ: When did you purchase your first sheet of gel?

PW: in 2007

SZ: Where did you purchase your first sheet of gel?

PW: I don’t remember

SZ: You don’t remember; I’ve been hit in the head thousands of times and you don’t remember.  I can recall every portion of my invention in an instant and you don’t remember. You’re a graduate of GT with a mechanical engineering degree and are supposed to be an intelligent guy and you can’t remember.

Let me ask again; where did you purchase your first sheet of gel?

PW: From a hardware store

SZ: What was the name of this hardware store?

PW: I don’t remember.

SZ: What hardware store sells gel?

PW: I bought Gel from a medical supply company; (as Patrick stares at his attorneys for assistance).

SZ: What was the name of this Medical Supply Company?

PW: I don’t remember

SZ: You don’t remember; I’ve been hit in the head thousands of times and you don’t remember.  I can recall every portion of my invention in an instant and you don’t remember.

SZ: Do you have any receipts or proof you purchased this gel?

PW: I guess I can get them

Judge Bagley slams his gavel AGAIN; and my day was over:

Judge: Mr. Zabian, I don’t like your line of questioning, and you sit down. Mr. Whaley you can sit down now and you don’t have to answer any more questions. 

SZ: Judge, I’m just trying to ask questions and receive answers. I thought you told me I could ask questions of Patrick on the stand and when he's sitting, I have to listen.

Judge: That is correct. This is not a deposition; you can’t ask those questions.

So now I’m frustrated; but still keeping my cool, I’m trying to understand what just occurred, but I kept going. I knew I was doomed; so I figured just keep talking and see what happens. I went into a 3 minute communication to the court, I kept stating to the judge and Patrick Whaley that all I want is answers; and now I can’t ask any more questions. All I want is answers to my questions. This judge stated I was getting redundant and before I knew it, there was 3 additional security guards added to this court room with ZERO public attendance.

I repeatedly told Patrick all I want is answers, and he sat there directly staring and LAUGHING at me, because he knew his lawyers had set me up and this judge steamrolled me, because I was completing a pro se case and there was nothing I could do about it.

Then before the judge took a 10 minute break to make a decision:

Q. Dana Miles stated to the judge he had a prior engagement and he needed to leave the court room so he could catch a flight; the judge gave his approval.

R. What lawyer leaves his client's side 10 minutes before a decision is to be read?

S. How did Dana Miles know Judge Bagley’s decision BEFORE it was read?

Judge Bagley’s Decision:

When the judge returned from his 10 minute break; he stated based on the law I only met 2 out of 3 portions and based on the 3rd section of confidentiality; I did not meet the requirements. I IMMEDIATELY stopped this judge and showed him where my FIVE documented Confidentiality Agreements were located within his notes, that he had within his possession for 2 months. But he did not care and still sided with Patrick Whaley.

In contrast to Patrick’s defense Judge Bagley’s decision meant the following.   

1) I, Salah Zabian, am the 100% ORIGINAL inventor of the world’s first weighted compression shirt manufactured with Gel.

2) Patrick Whaley and his employees, Cindy Belt, Karin Kennedy, and Southwest Technology, and the Georgia Tech InVenture Prize Contest 100% Fabricated Fraudulent and Misleading Emails, Testimonies, and Affidavit.

IRONICALLY, Confidentiality was NEVER Patrick, Cindy, or Southwest Technology’s defense, BECAUSE from the very beginning before any court dates ALL of their replies clearly and loudly stated Patrick Whaley Conceived and Invented the World’s First Weighted Compression Gear by himself and I accidentally had the same idea.

My FIVE separate Confidentiality Agreements:

1) Confidentiality Agreement from a Patent Attorney.

“This email confirms that we received your Confidentiality Agreement for your New Idea or Invention”

2,3,4,5) Confidentiality Notice given to me on FOUR separate occasions from Cindy Belt and Southwest Technology.

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