as 16 ROBERT M. DAVIDSON & VANESSA E. KOMAR P.O. Box 1785 Kilgore, TX 75663-1785 903-235-0731 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In Rez Chapter 11 Case No. MAGELLAN HEALTH SERVICES. INC., et al., 03-40515 (PCB) Debtors, (lointly Administered) MOTION FOR STAY PENDING APPEAL Pursuant to Bankruptcy Rule 8008, Robert M. Davidson and Vanessa E. Komar, collectively “the Davidsons”, hereby move this Court for an Order granting a stay of the Order by this Court entered on July 13, 2004, pending appeal, STATEMENT S TO WHY A STAY SHOULD BE GRANTED. ‘The Davidsons have made # strong: showing in their Objection to Contempt Order, Objection to Order to Withdraw Motion for Judicial Notice, and Objection to Order to pay Costs: and Attomey’s fees, submitted to this Court on July 21, 2004, that they will likely prevail on the ‘merits of the appeal. The Davidsons have argued that their conduct is not contemptuouos towards this Court, argued that there was bias and prejudice by this Court against the Davidsons, argued that this Court employed “selective docketing” in this present Bankruptey case, argued that the Davidsons have suffered federal constitutional deprivation by this Court under 42 USC+ || Section 1983 and Section 1985, argued that this Court ignored two prior motions by the Davidsons for this Court to grant relief from the automatic stay, and argued that there was fraud 3 |] upon this Court hy Magellan's legal counsel 4 Without a stay, the Davidsons will be irreparably injured. The Davidsons have asserted 3 danger of irreparable injury to their constitutional right to Due Process under the 5" Amendment ® || of the U.S. Constitution. The Davidsons assert that they have been systematically and serially denied S" Amendment Due Process by the United States Bankruptcy Court Southern District of 8 || New York {the Trial Judge and Clerk, acting in their personal capacities] and the legal counsel for the Magellan defendants [acting in their personal capacities}, under color of official right, and there was Federal action. n ‘The Davidsons deny ever having received good and sufficient notice of the Ex Parte 12 || Renewed contempt “Motion” of Magellan Health Services, Inc (“Magellan”), dated June 10, 13 |]2004, ‘The Davidsons deny ever having received good and sufficient notice of the “Hearing” an 14 || the Ex Parte “Motion” which was apparently held before the Bankruptey Court on June 16, 15 |} 2004. 16 The issuance of the stay would not substantially harm other parties interested in the 27 |l proceedings. To wit, the Davidsons complied with the Bankruptcy Trial Judge’s Order entered 18 |} on July 13, 2004, when the Davidsons submitted for filing their “Withdrawal of Motion for 19 |] Judicial Notice as to the Magellan Defendants” to the Ninth Circuit Court of Appeals on Iuly 16, 20 ||2004. Moreover, none of the named parties to the Davidsons’ Appeal to the U.S. District Court, 21 |] Southern District of New York, are Reorganized Debtors in the present Chapter 11 case #03- 22 l]aos1s, 23 The public imerest would be served by: granting a stay. A stay pending appeal, without the requirement of a supersedeas bond, would provide the Davidsons with a somewhat more 25 || level playing-field” [for lack of a better analogy] against the vastly superior economic power ofa2 a u the named parties to this appeal. Beyond a reasonable doubt, the Debtors’ legal counsel, Michael P. McQuillen, Debra A. Dandeneau, Christine P. Hsu, Stephen Karotkin, and Weil, Gotshal & Manges LLP, knowingly and fraudulently concealed information from this Court, knowingly and) fraudulently made false oath or account to this Court and knowingly and fraudulently made falsd ‘oaths of statements to this Court, fraudulently treated or withheld documents related to the proceeding before this Court, and otherwise used this Chapter 11 bankruptey proceeding to perpetrate a fraud. These Debtors’ legal counsel acts or conduct was voluntary and intentional, and done with the specific intent to cheat or deceive the Davidsons. These Debtors" legal counsel were “granted compensation by the Bankruptey Trial Judge for professional services in the amount of $3,508,057.50 on March 24, 2004, less than one week prior to the Davidsons' Contempt Hearing in the U.S. Bankruptey Court which took [place on April 1, 2004. These Debtors’ legal counsel! made intentional material misrepresentations that defile this Court so that the judicial machinery can not perform in the usual manner its impartial task of adjudging the (U.S, Bankruptey Case #03-40515] that is presented for adjudication. These Debtors’ legal counsel acted by agreement and in concert with this Court (the Trial Judge and Clerk), employing economic coercion, duress, and selective docketing, to systematically and serially deprive the Davidsons of their constitutionally-protected, right to 5 Amendment Due Process, under color of official right. There was Federal action. RESPECTFULLY SUBMITTED. this 21" Day of July, 2004, By haat rt \ cust. Kannay Robert M. Davidson Vanessa E. Komar