IN RE:                        )

ESTATE OF HARRY KALISH,       )

               Deceased       )

RENEE KALISH and MICHAEL      )

KALISH,                       )

               Plaintiffs,    )

          vs.                 )    No. 93 P 1080

MARGARET KALISH, etc, et al., )

               Defendants     )


          TRANSCRIPT OF PROCEEDINGS had in the

above-entitled cause on the 25th day of June,

A.D. 1997, at approximately 10:00 a.m.


BEFORE:   HONORABLE FRANK M. SIRACUSA



APPEARANCES:

     CHUHAK & TECSON,

     (225 West Washington Street,

     Chicago, Illinois 60606), by:

     MR. JAMES W. NAISBITT,

          appeared on behalf of Renee Kalish;



     FAGEL & HABER,

     (140 South Dearborn Street,

     Chicago, Illinois 60603), by:

     MR. ALVIN MEYERS,

          appeared on behalf of Margaret Kalish.



ALSO PRESENT:

     MS. RENEE KALISH.



     MR. MEYERS:  Good morning, your Honor.

     THE COURT:  Good morning.

     MR. MEYERS:  Alvin Meyers on behalf of the

estate.

     RENEE KALISH:  Good morning, Renee

Kalish.

     MR. NAISBITT:  Good morning, Judge.  James

Naisbitt of Chuhak & Tecson on behalf of

the movant in connection with the motion to

withdraw.

     THE COURT:  All right.  Before you begin,

you have all identified yourselves of record.  I

know who you all are.  I have my own order

prepared.

     I am recusing myself from this cause

for the reasons stated in my order.  I am going

to sign my order.  You'll each be provided with a

copy of it.  The presiding judge will reassign

this case to another judge.  You'll know about

that, I suppose, sometime later today after he

makes that reassignment.  So I'll sign the

original.

     MR. MEYERS:  Before your Honor signs the

order, may I ask the nature or the reason for the

recusal?

     THE COURT:  It will be stated in my order.

You can read my order.  Because I have been

delivered communications, personal communications

between the party participant in this matter

between themselves and attorneys they were

attempting to hire.  Those personal

communications discussed the conduct and the

activity in this case.  For that reason, I am

recusing myself, but I will give you leave to

file all of the documents that you have presented

to me as courtesy copies.  There were --

     MR. MEYERS:  I didn't receive anything, your

Honor.

     MS. RENEE KALISH:  They were all mailed to

you.

     MR. MEYERS:  Well, when were they mailed?

     THE COURT:  Here is what I got, counsel.

The first thing I received on or about June 16th

was a notice of termination for cause together

with a notice filing that notice of termination

with exhibits attached A to H.

     MR. MEYERS:  I never received it.

     THE COURT:  Which were personal

communications between the pro se litigants and

attorneys.  And after that I received a motion to

withdraw as counsel and extend time to file a

second amended complaint.  That was yesterday.

And today I received notice of return of

refundable retainer and case file.

     MR. MEYERS:  Which I never received.

     MS. RENEE KALISH:  I mailed it to you

yesterday.

     THE COURT:  Those things will all be made

apart of the record.

     MR. MEYERS:  How can it get to me today if

it was mailed yesterday?

          Your Honor, the reason I say this is I

think the whole purpose in sending these

documents to you was to cause this very event and

I --

     THE COURT:  Counsel, respectfully, sir, I am

recusing myself from this matter.  I want nothing

further to do with any of the party participants

in this matter.  My order is succinct, complete

and legally signed by me and the clerk will

direct documents sending this to the presiding

judge for reassignment.

     MR. MEYERS:  Is there motion to withdraw

granted within the order, your Honor?

     THE COURT:  No, I am not acting on anything

presented by the attorneys and by the parties'

participant in these personal communications

between themselves.  I don't want to act on any

of these matters for that reason.  They were

personal communications between parties, the

litigant and attorneys.  So I am out of the case

and I wish you well all of you.

     MS. RENEE KALISH:  Thank you.

     MR. NAISBITT:  Thank you very much, your

Honor.

     MR. MEYERS:  They are still in the case?

     THE COURT:  I don't know who is in the case,

counsel, because I am not acting on their motion

to withdraw.

     MR. MEYERS:  I see.

     THE COURT:  The other judge to whom the case

is assigned will act on that and I suppose if

they -- if people want to withdraw and I think

Ms. Kalish wants them out.

     MS. RENEE KALISH:  Yes, judge, I have

terminated them.

     THE COURT:  I see no reason why they would

be in it, but, you know, I am not acting on that.

     MR. MEYERS:  There is no order in that

respect?

     THE COURT:  No order.  The only order this

morning is that noting that all of these matters

that I received by courtesy copy are filed, made

part of the record and then my order which I just

entered on my own motion.  Okay?

     MR. MEYERS:  Will we get a copy of that

now?

     MS. RENEE KALISH:  I mailed it to you.

     MR. MEYERS:  No.  I am talking about his

order.

     THE COURT:  Brenda, they will need to get a

copy of my order and then you will prepare forms

to send to the presiding judge for reassignment.

     THE CLERK:  Yes, judge.

     MR. NAISBITT:  Thank you.

     THE COURT:  Do you want your courtesy copies

back?  Do any of you want these courtesy copies

back or were they just for my use?

     MS. RENEE KALISH:  They were just for you.

     MR. MEYERS:  Since I haven't received them,

I would like a set.

     MS. RENEE KALISH:  They were mailed to you

yesterday.  If the judge would like to give it to

you, he may.  I have no objection.

     THE COURT:  I am not giving anybody

anything.  I will give you back each of your own

documents that you provided me and you can

provide them as you see fit to whomever you

like.

     MS. RENEE KALISH:  Thank you.

     THE COURT:  That's yours too and this

belongs to I think your office.

     MR. NAISBITT:  Judge, may I have our notice

of motion stamped?

     THE COURT:  Sure.  You can file those

today.



          Call the next case.

          (WHICH WERE ALL THE PROCEEDINGS

          HAD IN THE ABOVE-ENTITLED CAUSE ON

          THIS DATE.)



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Last updated July 2, 1997