"He has showed you, O man, what is good.
And what does the LORD require of you?
To act justly and to love mercy and to walk humbly with your God."
-- Micah 6:8 (NIV bible)
No Explanation
Considering the irregularities in the case as a whole, there's NO EXPLANATION whatsoever for many of them!
There's NO EXPLANATION for....
1) the YMCA brazenly lying to the TWC labor investigator (as proven by documents in court records)
2) the labor board suddenly closing the case after that w/out questioning ANY YMCA witnesses (also proven)
3) the district court magistrate not attending to Noack's request for court-appointed counsel due to his poverty
4) the YMCA withholding evidence many months past the 30-day federally-mandated time-limit for initial disclosures
5) YMCA counsel sending apparent false evidence of having sent initial disclosures (proven by documentation)
6) the YMCA deposition of Mr. Noack not allowing him the cross-examination which Law dictates (or to speak for himself during questioning, since self-litigating)
7) the district court magistrate extremely limiting discovery in a case that involved allegations of years of ongoing discrimination, thus preventing Mr. Noack from gaining evidence documents by which to better support his case
8) the district magistrate closing discovery for Noack's case before even the first phase of discovery was completed & while the YMCA was withholding evidence (as shown by the apparent fact they started turning over evidence they'd previously withheld)
9) the YMCA sending court-ordered evidence disclosures on encrypted CD (& only partially complete) while simultaneously filing for "summary judgment" to put Mr. Noack out of court w/out a jury trial for a supposed "lack of evidence"
10) the district court magistrate refusing to enforce her own disclosure orders when the YMCA withheld part of the info. required of them even as it all began showing apparent discriminatory pay discrepancies
11) the district magistrate twice refusing to enforce such orders...with no stated reason whatsoever and with no disciplinary action at all upon the YMCA for its disobedience to her orders
12) the YMCA using perjurous affidavit testimony when filing for summary judgment against Mr. Noack (proven)
13) the district magistrate allowing the YMCA's use of proven perjurous affidavit testimony
14) the YMCA, a Christian organization, circumventing the 7th Amendment of the Constitution by using perjurous testimony to deprive someone of the Constitutional right to a trial by jury (-What were they afraid of?)
15) Speaking of that, too, what's the deal with hiring TWO attornies from a HUGE lawfirm to pile on against a lone self-litigating former employee with no prior legal experience whatsoever? (IS the YMCA hiding something?)
16) ...and much more, including sworn testimony of evidence-tampering upon appeal of the case.
No Explanation
Were 10 Felonies Ignored? (If all acts were committed)
(1) Lying to a labor investigator (possible State felony re: Tampering with Evidence)
(2) Federal magistrate judge allowing false testimony & not exposing it (once known)
(3) (a) Magistrate citing & utilizing known lies to prevent a jury trial
(thus defying U.S. Constitution's 7th Amendment & violating oath of office)
(b) Magistrate ignoring "summary judgment" law & Civil Rights Act of 1991
to deny a citizen's right to a jury trial (-also a violation of oath of office, if so)
(4) Once the lies were exposed, YMCA's legal counsel - "officers of the court" - did
not (apparently) report, expose or retract the untrue "evidence"
(5),(6),(7) -- 3 Federal Circuit Court Judges did not expose the fact that known lies
were used as "evidence" in district court (cf.:"Misprision of Felony")
(8),(9),(10) -- 3 Circuit Judges allowed known lies as "evidence" in their court,
ignored rational inferences surrounding a party repeatedly lying, ignored
laws & legal precdents, ignored the Civil Rights Act of 1991 (regarding
"intent"), ignored their oaths of office, & withheld the Constitutional right
to a jury (7th Amendment).
For more info., see "What Crimes?" - http://stillsupremelyunjust.yolasite.com/what-crimes.php
Should the YMCA allow itself to be a party to such things, whether knowingly or unwittingly?
Rather, the YMCA should expose & decry any such wrongful acts, publicly!
"Show me that age and country where the rights and liberties of the people were placed
on the sole chance of their rulers being good men, without a consequent loss of liberty?"
-- Patrick Henry, June 5, 1788
"Who is wise and understanding among you?
Let them show it by their good life, by deeds done in the humility that comes from wisdom."
James 3:13 -- the Bible (NIV Bible)
The YMCA OWE's Houston & America an EXPLANATION!
(After all, businesses & the public donate big $$ to them each year.)
Tell us, YMCA, why did you strong-arm Mr. Noack out of court...with lies? Will the YMCA really wait until the handcuffs come out before saying a word in its defense - ignoring all until then? Don't you see how bad THAT makes you look? How many crimes have been committed - how many may go to jail...because you feared to tell the truth, and look what was done to poor Mr. Noack. Cry to God and ask for mercy! Instead of weathering the storm, lose your guilt, your "white elephant" and that albatross hanging around your necks by confessing the truth. TRY to do what's right, and at least somewhat restore your honor! Besides, people do tend to be more forgiving that way.
The world can see what the evidence and the truth is and knows the YMCA is a family-oriented, Christian NPO, and lots of people know Mr. Noack gave years of faithful service to you guys. So what gives: why the legal horror story? The employee evaluations provided as evidence show that man was a fine employee! They don't lie: they showed good work and character. So, was there no thought about coming to some sort of agreement with him before he left the YMCA? Was it simply fear? -- Of him? Look what you wrote about him! >> http://supremelyunjust.weebly.com/evaluations-of-mr-noack-by-3-different-supervisors.html
After all that, why has the YMCA not "come clean" about it all? The YMCA or someone representing the YMCA has lied to the labor board: proof of that was presented in court and is on this website. Then, one (& seemingly more) of the YMCA's witnesses got caught lying in affidavit testimony used in court, too! Does the YMCA either condone or prefer lying in court? The person was testifying about supposedly not having denied Noack a position specifically due to his gender and said it was an impossibility since she was not his supervisor so could not have made such an offer, yet documents produced revealed she signed his promotion. Come on, think of the kids & community! Everyone can see it as getting caught red-handed while lying, yet the YMCA has no faithfulness to the community they serve to so much as offer an explanation? What, just take the community $$ and run? That's a poor showing indeed.
So, why did the YMCA, which promotes multiple "core values" to kids, turn on Mr Noack? Court documents showed a sexist email sent to him. They also wrote him up for what seems to have been legitimate overtime which actually seems to have been the fault of his supervisor, since she didn't adjust his hours when she apparently knew he had to stay late one night to comply with both YMCA & TX DFPS standards & regulations. Why? It was legitimate & responsible work he was required to do at the time, right? Why the disciplinary action for it?
The YMCA admitted in court to taking documents from an afterschool childcare site licensed with TX DFPS under Mr. Noack as director -- something he could have been cited for if DFPS found them missing, which in turn would have shown up on his public DFPS record. Why jeaopardize his career or stature with TX DFPS? Why was he being apparently compelled to do multiple jobs for one paycheck, and is it true that an african American PV A&M student who worked for Mr. Noack pulled her stitches after a surgery by being compelled to return to work too soon when Noack's supervisor seemed to think she was faking her need for time off work even though she'd provided a notice from a doctor?
Also, was Mr. Noack lying about all the things -- illegal things -- going on at the YMCA where he worked? If there were problems, did they offer him another position elsewhere or try to remedy things? I see no evidence of it, if so. What kind of supervisors allow things like he swore had happened? If he was lying, how was it that he showed quite a bit of evidence and actually proved the YMCA was lying, repeatedly?
And as for the courts, what kind of court ignores sworn testimony of one party while regarding proven perjurous testimony of the other...and then boots the more honest party out of court, defying both the Law & the Constitution? What appealate court cannot see the light of day so as to rectify such problems when there's beaucoup evidence apparently supporting Noack's version of events rather than the YMCA's?
Why is none of this in the news? This is HUGE! -- There's proof of perjury here! Roger Clemens was hung over hot coals before Congress over less than this case has, yet the problems & subject matter of this case are far greater in scope & importance: perjury, lying to influence a labor investigation, no labor investigation (essentially), disobeying court orders, withholding evidence, fraud, allegations of racial & gender discrimination, possible retaliation (evidently), maybe even evidence-tampering. When a man has emails showing he tried hard to convince his employer to not compel him to practice discrimnation, yet she gives him a reason why as her answer, what is that? How can any court say it is something else & casually dismiss it when he proved the Law calls it "illegal discrimination"?
" When you tell the truth, justice is done, but lies lead to injustice. "
-- Proverbs 12:14 ( the Bible)
PLEASE PRAY for ALL INVOLVED -- THIS IS VERY SERIOUS!
WHY?
Because, the Bible states this.
"For our struggle is not against flesh and blood, but against the rulers, against the authorities,
against the powers of this dark world and against the spiritual forces of evil in the heavenly realms."
Ephesians 6:12 (NIV Bible)
