Here is some interesting reading if anybody is up to it. This is one big mess and in between all of this is the poor athletes who are doing everything in there power to kep going knowing that the end is getting nearer once again. Enjoy and looking forward to everybody take on the dramatic stituation that is taking place.
The following letters were sent to members of the Martial Arts Commission:
January 7, 2010
Chairman Joon Pyo Choi and the National Board of Commissioners of the
USA Taekwondo Martial Arts Commission
Re: USAT Concerns Regarding MAC
Dear Chairman Choi and Members of the Board:
Ithas been with a great sadness that I have received numerous troublingemails with attachments over the past few months. It appears as if ourjoint venture is becoming subject to the same types of politics thatplagued USTU. The USAT Martial Arts Commission was formed as a means toshow the taekwondo community in the United States that there was ameaningful place for the pioneers of this great martial art in ourorganization. It was a hand of friendship extended to those foundingfathers of Taekwondo to become active again in USAT.
As you knowa great disconnect had arisen in 2004 and 2005 between many in theKorean-American Taekwondo community and USA Taekwondo. Because of thewrongdoings of the past administration and the resultingdecertification of USTU, some artificial barriers had arisen that wereimpeding the participation of Korean-American Masters and Grandmastersin USA Taekwondo affairs. I recall vividly our meetings in Columbus andKansas City in 2006 when you, I and Grandmaster Hong Kong Kimrecognized the salient issues and brainstormed about a solution. TheUSAT Martial Arts Commission was birthed out of these meetings.
Wehave required your organization to be organized as a non-profitcorporation. I have reviewed and approved your suggested By-Laws asthey have evolved from our original guidelines and practices. It wasour intention that the MAC operate its organization in a truedemocratic fashion pursuant to established rules and protocols. USATaekwondo was not and is not interested in having an affiliateorganization that conducts its business in any other manner.
Itnow appears that there is a sub-group emerging with the USAT MAC thatwishes to operate outside appropriate boundaries and would exceed themby what I characterize as “old school” extra-legal methods. Make nomistake, dissent and disagreement are
absolutely properand expected in a democratically run organization. Fair people willdisagree from time to time and will vie for elected office in anorganization of this nature. The situation described to me and thematerials I have reviewed do not appear to fall under the category offair dissent in this case. The exhibits I have seen may involve thedissemination of false or inaccurate information. This is notacceptable to USA Taekwondo.
USAT will not enter into areciprocal support and revenue sharing agreement or maintain anaffiliation with an organization it cannot trust and whose stability itquestions.
USAT requests a face-to-face meeting with the eightmembers of the MAC's National Board .Without such a meeting, progresson the agreement is not likely.
Thus I am requesting that youconvene an emergency meeting of the National Board of Commissioners ofthe USAT Martial Arts Commission for the purpose of clarifying thegoals and expectations of your organization from the perspective of notjust yourselves but from the perspective of USA Taekwondo. I suggestthat you schedule this critical meeting sooner rather than later. Ifurther strongly suggest January 30, 2010 at 4 pm, at the USOCheadquarters in Colorado Springs as the date, time and location for themeeting. I will secure meeting space for us here on the USOC campus.
USOCand USAT officials will address your group and review your legalobligations as an affiliate organization. We would like to see anAgenda that includes the finalization of your organizational by-lawsand the installation/ confirmation of your current Board members.
Ifthere are indeed those within your organization who cannot work withinappropriate boundaries, we would expect MACÂ’s National Board to takeappropriate steps to remove them forthwith from your rolls of members.USAT recommends that the MAC give consideration, should thecircumstances warrant, to the removal of those who have undermined thesuccess of the MAC since July 2009 in order to avoid further negativeand damaging impact from their involvement. Any such actions, ofcourse, are the purview and responsibility of the MAC Board.
USATfurther recommends that the bylaws that it has considered a part of thebasis of the affiliation agreement with MAC be further refined andfinalized in a fashion that maintains the structure and operation thathas been in place since 2007.
Please understand that the USATcannot compel the MAC board to meet with it. However, the refusal ofthe request for the face-to-face meeting will be viewed as anindication that MAC does not respect USAT's concerns and, therefore, isnot committed to the relationship that a reciprocal support and revenuesharing agreement would reflect. In sum, if the meeting is rejected,USAT will take that as a sign that MAC's commitment to USAT isfaltering.
In summary, I want to make itperfectly clear that USAT will not venture down the precipitous pathsthat once were the hallmarks of USTU. The purpose of the USAT MAC wasto promote USAT activities and membership, foster the history andtradition of our martial art, honor the pioneers of our past, and growa united taekwondo organization for the Untied States. The creation ofthe organization was not designed to foster personal agendas and powerstruggles. We have worked hard for the past 2 ½ years to build afoundation for future success for both USAT and the MAC. I hope thatthe MAC’s National Board of Commissioners will do what is necessary toaddress USAT’s concerns and resume productive efforts to build ahealthy organization to pursue our joint goals.
I await your response.
Sincerely,
David M. Askinas, CEO
USA Taekwondo"
JANUARY 9, 2010
THE USAT MARTIAL ARTS COMMISSION, INC.
NOTICE OF EMERGENCY SPECIAL MEETING
OF
THE NATIONAL BOARD OF COMMISSIONERS
Noticeis hereby given that there will be an emergency special meeting of theNational Board of Commissioners of USAT Martial Arts Commission, Inc.on January 30, 2010, at 4 p.m., in Colorado Springs, Colorado, at theoffices of USAT, Inc., or elsewhere within the complex of the UnitedState Olympic Committee, as may be determined on or prior to the dateof the meeting.
The meeting shall be a closed meeting.
Joon P. Choi, Chairman,
National Board of Commissioners,
USAT Martial Arts Commission, Inc.
AGENDA
EMERGENCY SPECIAL MEETING
USAT MARTIAL ARTS COMMISSION, INC.
JANUARY 30, 2010
1. Call to Order
2. Roll Call
3. Remarks
a. Mr. Askinas
b. USOC representative
3.Confirmation and clarification of the composition of the Board andother decisions (e.g., appointments to council an other positions,byalws and guidelines, site selection for 2010 national event), fromthe meetings of July 3-4, 2009, Austin, Texas, and November 20-21,2009, Ft. Lauderdale, Florida
4. Byung Kon Cho – accountability and consequences for in appropriate actions
5. Ju Young Jang – accountability and consequences for in appropriate action
6. Bylaws – finalize; review and amendment process
8. Adjournment
No :109
From : USAT MAC
To: USAT CEO David M. Askinas
Date: 01/10/2010
Dear Mr. Askinas,
Althoughyour letter of January 7th, 2010 was addressed to the MAC chairman, Ifeel it is appropriate for me to directly respond, as the President ofthe MAC. First of all, I appreciate your concern and I hold youropinion regarding the improvement of the USAT and itsÂ’ affiliateorganizations in high regard.
While I understand the necessity tooperate the MAC in a systematic way to move the organization forward,your letter to the Chairman is a concern. You have apparently receivedsome communication from our Chairman relating to internal disputesamong certain commissioners. As an organization, we are working towardresolving these disputes by reinforcing an appropriate chain of commandand it is unfortunate that you were burdened with these internalmatters without my permission. I firmly believe that MAC can correctitsÂ’ course.
As MAC president, I welcome your advice and counselregarding creative solutions to the challenges we face and I know allMAC commissioners value the affiliate status with the SAT very highly.I do, however take issue with your suggestion that the eight executiveboard members come to Colorado Springs for a face-to-face meeting onJanuary 30th. Our executive members, as you know, are all volunteersand we must be sensitive to the financial and other demands we place onthem in the service of the MAC. An
impromptu trip to Colorado Springson the heels of our national Meeting in November in Florida and twoweeks before the February 10th Las Vegas U.S. Open, seems anunnecessary imposition. I am reasonably confident that we could arrangethe meeting you requested during the U.S. Open tournament weekend inFebruary, as all of the necessary parties will be in attendance anyway.Please understand that I need to look out for the best interest of ourcommissioners and respect their volunteer contribution to the successof the MAC. I will notify the executive members and work with youroffice to schedule a meeting during the U.S. Open. If you have anyquestions or concerns, please do not hesitate to contact me.
Yours truly,
Grandmaster Hong Kong Kim
President USAT Martial Arts Commission
January 11, 2010
Members of the National Board of Commissioners,
USAT Martial Arts Commission, Inc.
Re: USATÂ’s Expression of Concern Regarding MAC
Dear Board Members:
Bynow all of us should have received and had a chance to review theletter from David Askinas, CEO of USAT, expressing concerns about theMAC and the strength of its commitment to working with USAT in anacceptable manner. The concerns expressed are serious and should not betaken lightly. If not properly addressed and satisfied, USAT will notenter into the reciprocal support and revenue sharing agreement we havebeen pursuing for so long and MAC will lose its affiliate organizationstatus.
Mr. Askinas accurately noted that the formation of theMAC was a gesture of peace and accommodation to Korean born masters andTaekwondo pioneers to enable them to again participate with thenational governing body and preserve Taekwondo tradition and history inthe USA. He now questions whether we have the capacity to participateand maintain focus on legitimate goals rather than personal agendas. Ifwe cannot convince him that the MAC does not support a return to thepolitical practices of USTU days, the opportunity extended to us willbe gone.
Mr. Askinas makes it clear that to preserve ouraffiliation status, finalize the reciprocal support and revenue sharingagreement, and reconfirm our commitment to the goals we share withUSAT, the following must occur:
1. Our board must meet with Mr. Askinas in Colorado Springs, Colorado, on January 30, 2010, at 4 p.m. at the USOC complex
2. We must take action to hold accountable those whose actions have threatened and damaged the MAC
3. We must finalize the bylaws that we have been developing and refining
4. We must confirm board membership of the eight members of the board selected at the meeting in Austin, Texas, in July, 2009
As your Chairman, it is my firm belief that MAC is facing a crisis. Weare on the verge of losing everything we have achieved for the MACduring its brief history. We must act quickly to preserve ouropportunity to participate with our national governing body, to insurethe preservation of valuable Taekwondo tradition within ourcurriculums, and to insure that our pioneers will be remembered whenthe story of Taekwondo in the USA is told. Thus, I am calling anemergency special meeting of the National Board of Commissioners forJanuary 30, 2010, in Colorado Springs, as requested by Mr. Askinas. Themeeting notice and agenda are enclosed with this letter.
Very truly yours,
Joon P. Choi, Chairman,
National Board of Commissioners,
USAT Martial Arts Commission
David Askinas writes in his letter:
"As you know a great disconnect had arisen in 2004 and 2005 between manyin the Korean-American Taekwondo community and USA Taekwondo. Becauseof the wrongdoings of the past administration and the resultingdecertification of USTU, some artificial barriers had arisen that wereimpeding the participation of Korean-American Masters and Grandmastersin USA Taekwondo affairs. I recall vividly our meetings in Columbus andKansas City in 2006 when you, I and Grandmaster Hong Kong Kimrecognized the salient issues and brainstormed about a solution. TheUSAT Martial Arts Commission was birthed out of these meetings."
Actually an even greater disconnect had arisen, still exist and is worse than ever between USA Taekwondo and many in the non-Korean American Taekwondo community. The mass majority of those who left the USA's National Governing Body of Taekwondo were non-Korean.
And I don not believe that the USAT MAC was born out of any kind of brainstorming. Reading the legal document below tells me that USAT MAC was created by the USOC/USAT to appease the Plaintiff and save the USOC/USAT hundreds of thousands of dollars in legal fees.
Has that appeasement turned into a monster? Will more lawsuits be filled soon against the USOC/USAT if it takes action against the monster?
From
http://www.websupp.org/data/SDOH/2:05-cv-00230-42-SDOH.pdf, you can read the whole document.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Ohio Taekwondo Association,
Plaintiff,
-V- Case No. 2:05-230
JUDGE SMITH
Magistrate Judge King
United States Olympic Committee, et al.,
Defendants.
OPINION AND ORDER
This matter is before the Court on DefendantsÂ’ Motion to Enforce the Settlement
Agreement (Doc. 35); PlaintiffÂ’s Motion for Equitable Relief (Doc. 36); PlaintiffÂ’s Motion to
Enforce Judgment (Doc. 39); and PlaintiffÂ’s Motion to Strike Filings by Attorney Mel Lute
(Doc. 40). For the reasons that follow, the Court GRANTS DefendantsÂ’ Motion to Enforce the
Settlement Agreement; DENIES PlaintiffÂ’s Motion for Equitable Relief; GRANTS PlaintiffÂ’s
Motion to Enforce Judgment; and DENIES PlaintiffÂ’s Motion to Strike Filings by Attorney Mel
Lute.
I. BACKGROUND
On March 11, 2005, Plaintiff Ohio Taekwondo Association (“OTA”) filed suit in the
Franklin County Court of Common Pleas. On March 14, 2005, Defendants removed this case to
this Court. On April 20, 2005, this Court issued an Order accepting federal jurisdiction and
ruling against PlaintiffÂ’s request for a temporary restraining order and preliminary injunction.
Case 2:05-cv-00230-GCS-NMK Document 42 Filed 11/06/2006 Page 1 of 5
-2-
This CourtÂ’s order directed Plaintiff to exhaust administrative remedies before the United States
Taekwondo Union (“USTU”) Hearing Panel. On May 18, 2005, Plaintiff filed a motion for
reconsideration. On December 21, 2005, this Court denied PlaintiffÂ’s motion for reconsideration.
On March 15, 2006, the parties indicated that they had entered into informal negotiations
between the parties and requested time to allow for negotiations to produce a broad based
settlement. On or about May 24, 2006, the parties signed and executed a Settlement Agreement
resolving all claims between the parties. The Settlement Agreement was signed by the President
and two Vice Presidents of OTA, on behalf of Plaintiff. On June 5, 2006, Defendants filed a
purported settlement to this lawsuit. Then on June 15, 2006, Defendants filed a motion seeking
to enforce the purported settlement. This matter therefore remains pending before this Court and
the USTU Hearing Panel.
