No. 00-00619

THE LAW OFFICES OF                                             )(                                 IN THE DISTRICT COURT

G. DAVID WESTFALL, P.C.                                      )(

                                                                                     )(                                 294TH JUDICIAL DISTRICT

Vs.                                                                               )(

                                                                                     )(                                 VAN ZANDT COUNTY, TEXAS

UDO BIRNBAUM                                                       )(

SUPPLEMENT TO MOTION FOR APPOINTMENT OF AUDITOR
UNDER RULE 172 RCP AND NOTICE OF CANCELLATION OF DEPOSITIONS D.T.
OF G. DAVID WESTFALL, CHRISTINA WESTFALL, AND STEFANI PODVIN

TO THE HONORABLE JUDGE OF SAID COURT:

        DEFENDANT Udo Birnbaum hereby notifies the Court and the parties of the cancellation of the above referenced notices of depositions as are currently the subject of numerous motions for protective order before this Court.

I.

        Defendant moves this Court for appointment of an auditor under Rule 172 RCP to make a finding for the Court upon the claim of a pattern of fraudulent accounting practices by Plaintiff, The Law Offices of G. David Westfall, P.C.

II.

        Defendant called cross-defendants' counsel Frank Fleming to find out if he opposes Defendant's motion for appointment of such auditor and was informed that he [Fleming] definitely did. Fleming stated that he did not see a need for such auditor because this cause was "just a matter of [Birnbaum] not having paid a bill".

III.

        Defendant moves for a hearing to show that this cause is not "just a matter of not having paid a bill", but about the recent creation of fraudulent "account" statements by the Plaintiff "The Law Offices" and the cross-defendants for the purpose of extorting "legal fees".

 

 

 

Respectfully submitted

___________________
UDO BIRNBAUM, Pro Se
540 VZ 2916
Eustace, Texas 75124
(903) 479-3929

 

CERTIFICATE OF SERVICE

        This is to certify that a true and correct copy of this document has been served via CMRR on this the _____ day of January, 2001 upon G. David Westfall, 5646 Milton, Suite 520, Dallas, Texas 75206 and Frank C. Fleming, Law Office of Frank C. Fleming, 6611 Hillcrest, Suite 305, Dallas, Texas 75205-1301.

___________________
UDO BIRNBAUM