Should you decide to view the corrective notice you will see that Stan Tenen, rather than removing my name and any reference to me from the corrective notice,  has moved my name from the table which contains the corrective notice to the top of the page. View Corrective Notice 

Stan Tenen states that a copy of this agreement will be posted shortly as of February 27, 2001. Shortly has become months and it is still not posted as of June, 27 2001.

It is my understanding that this agreement supersedes the original order of September 11, 1998 Findings of Fact, Conclusions of Law, and Order, with the stipulation that if I do not adhere to this agreement, I could be held in contempt of Court. 

It is important to note that even after several requests to view the copyrights which Stan Tenen says he holds, he has not been forthcoming with them to me. Researching his copyright information, all I can find are several listings with little description, two of which state that he holds copyrights on sculpture and jewelry sculpture. It is impossible at this time for me to understand what his copyrights describe. The Court has mentioned that the merits of the Tenen copyrights have not been challenged. The result of the Court's decision is based primarily on contempt charges.

It is also important to note that Dan Winter was mindful that I sign this agreement while discussing it during the Court's break. Without council or the funds to defend against Mr. Tenen's accusations it seemed like the better course of action. 

Occurrences of misinformation seem to abound. I certainly hope that further information reaches you correctly. As you read this document, you will see that the Court is specific as to the nature of what can be published in the framework of Golden Mean.

Discuss this Subject

Ray Flowers 6/27/01

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

---------------------------------

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

------------------------------

STANLEY N. TENEN and CYNTHIA
TENEN, husband and wife; and
MERU FOUNDATION, a California 
non-profit corporation,

Plaintiffs, 

-vs- 

DANIEL WINTER individually and
d/b/a DANIEL WINTER AND FRIENDS
and d/b/a CRYSTAL HILL INSTITUTE,

Defendant.
---------------------------------
This matter having come on for hearing before the undersigned judge on September 15, 1999, and again on May 25 and 26, and June 26 and 27, 2000, pursuant to an Order to Show Cause Re: Postjudgment Contempt (#231), entered herein on July 30, 1999, in response to the plaintiffs' Motion for Finding of Civil Contempt and Imposition of Postjudgment Sanctions (#228) alleging violations of this Court's Findings of Fact, Conclusions of Law and Order (docket # 221), dated September 9, 1 998, and the plaintiffs having appeared personally and by their legal counsel, Brian J. Coyne, Esq., the defendant having appeared personally pro se, and Raymond Flowers having appeared personally pro se; and the plaintiffs and non-party: Raymond Flowers, having orally agreed to terms and conditions in open Court before the undersigned judge on June 26, 2000, and the same persons having entered into the above stated Stipulation, now, therefore, it is hereby


ORDERED, ADJUDGED and DECREED:
That the terms and conditions set forth In the attached transcript of June 26, 2000 (docket # 266) are incorporated herein and are fully enforceable against any party under penalty of contempt or in a separation action; and it is further
ORDERED, that the following pending motions are denied as moot

251-1 Motion by Raymond Flowers that order against him be
declared void and dismissed.

IT IS SO ORDERED.
Dated: Rochester, Now York
February 2001

ENTER:


Charles J. Siragusa
United States District Judge

................................................................

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF NEW YORK


...............................................................
STANLEY  N. TENEN AND CYNTHIA TENEN AND
MERU FOUNDATION,  PLAINTIFFS.

Vs                                                                                  6: 94-CV-07934

DANIEL WINTER, INDIVIDUALLY AND D/B/A
CRYSTAL HILL INSTITUTE,
DEFENDANTS.
......................................


TRANSCRIPT OF THE PROCEEDINGS
BEFORE THE HONORABLE CHARLES J. SIRAGUSA
United States District Court Judge
June 26, 2000
Rochester, New York

APPEARANCES: 

MILES WAY COYNE, PLLC
BY: MILES WAY COYNE, ESQ.
905 - 24TH WAY SW, STE. B-3
OLYMPIA, WA. 98502


DANIEL WINTERS, pro se
22-C NEW LEICESTER HIGHWAY BMB #267
ASHEVILLE, NORTH CAROLINA 28806

RAYMOND FLOWERS, pro se
2835 GRASSY BRANCH LOOP
SEVIERVILLE, TENNESSEE 37876





Reported by: Stephen A. Zinone, R.P.R.
Official Court Reporter
U.S. District Court  - WDNY
(716)721-3313


TENEN V. WINTER -2-

1. THE COURT: 1. Mr. Flowers agrees that if on the
2. San Graal website there is a link to any website of Dan
3. Winter, it is only www.danwinter.com that displays the
4. corrective notice.
5. 2. Mr. Flowers agrees he will not advertise any
6. works of Daniel Winter.
7. 3. He agrees that he will not disseminate on his
8. website any articles or speeches or commentaries of Daniel
9. Winter.
10. 4. He agrees that he will not, by he, that Mr.
11. Flowers or anyone working for him at San Graal will not
12. publish any articles disparaging to Mr. Tenen.
13. With the caveat that if in their discussion room
14. someone, a third party writes in and says, Gee I think Tenen
15. is is full of bull. That it's a free country and that doesn't
16. control.
17. And that he will not make any reference to flame
18. letter vortex, or refer to again, Mr. Tenen, in any
19. disparaging way.
20. And specifically, that he will not publish or
21. display in three-dimensional form a portion of the golden
22. mean spiral that is cut off so it looks identical to the
23. copyrighted works of Mr. Tenen.
24. If he wants to display more of the golden mean
25. spiral in three-dimensional form he can.



TENEN V. WINTER -3-



1. Now, that strikes me as what we talked about --
2. What Mr. Flowers?
3. MR. FLOWERS: Also, to be removed from the
4. corrective notice.
5. THE COURT: You are correct.
6. MR. FLOWERS: Any reference to me.
7. THE COURT: That you are removed from the
8. corrective notice. The only reference is website manager,
9. so you will remove that.
10. MR. FLOWERS: No, there is another place.
11. THE COURT: I didn't hear about the other place.
12. MR. COYNE: There is only one place in the
13. corrective notice.
14. MR. FLOWERS: I'm sorry, there is just one.
15. THE COURT: So you remove his name from the
16. corrective notice.
17. MR. COYNE: We will agree to that, as far as we can
18. tell he is no longer doing that.
19. MR. FLOWERS: Let me look at the corrective notice
20. before I agree.
21. THE COURT: Yes, go ahead look at the corrective
22. notice.


TENEN V. WINTER -4-

1. MR. FLOWERS: I have agreed to that.
2. THE COURT: He will not copy your client's
3. copyrighted works.
4. MR. FLOWERS: Is this a situation in which where I
5. agree with the Court to this or I agree to Mr. Coyne and Mr.
6. Tenen with this.
7. THE COURT: Here is what happens; it is referred to
8. as a stipulated order. Both sides enter into an agreement,
9. then I sign off on it, so then it becomes an order of the
10. Court. So the agreement, when you settle a lawsuit, the two
11. sides agree to resolve.
12. But typically what happens here in Federal Court is
13. then the agreement is submitted to me and I sign it and then
14. it becomes an order of the Court. So it is enforceable by
15. contempt.
16. How do you want to reduce this? We can do one of
17. two ways. You can order a transcript from Mr. Zinone and
18. just limit it to what we have talked about.
19. MR. FLOWERS: I'm sorry, I didn't quite understand
20. Mr. Zinone --
21. THE COURT: He is the court reporter.
22. MR. FLOWERS: Yes.
23. MR. COYNE: That would be fine, Your Honor.
24. THE COURT: So Mr. Coyne, you will order the
25. transcript and you will submit an order.




TENEN V. WINTER -5-

1. MR. COYNE: Yes, Your Honor.
2. THE COURT: What will happen is this, it is called
3. you submit and settle the order. I want to explain to you
4. what will happen.
5. Mr. Coyne will get the transcript from Mr. Zinone.
6. Mr. Coyne will send a copy of the order -for your signature.
7. He will attach a copy of the transcript and you will review
8. it. You will sign the order presumably send it
9. back to him, he will forward it to me, I will sign it and
10. it will become an order of the Court.
11.MR. FLOWERS: Does this preclude me getting
12. expenses out of this?
13. THE COURT: Yes, it is settled.
14. MR. COYNE: It also precludes us from getting
15. expenses from Mr. Flowers.
16. THE COURT: That is the nature of settlement.
17. MR. FLOWERS: I have got nearly $4,000 invested.
18. THE COURT: I regret that, but it is the nature of
19. settlement. If you lose, you don't get anything.
20. MR. FLOWERS: Can we, before I agree to this, can
21. we do a little recess and let me think about it.
22. THE COURT: What I will do is give you ten minutes.
23. I will tell you, I will give you until ten o'clock to think
24. about it. Again, it is 9:45.
25. I don't mean to beat a dead horse, but their burden




TENEN V. WINTER -6-



1. is a preponderance. That means it is not like a criminal
2.case where the standard is beyond a reasonable doubt.
3. So if they tilt the scales just ever so much in
4. their favor, then you are going to lose on the issue, which
5. essentially comes down to; are you an agent.
6. You remember I talked about two things. Were you
7. aware of the order, you said you were. And two, are you an
8 agent, were you an agent. That really is the issue in this
9. case, were you an agent.
10. MR. FLOWERS: Exactly.
11. THE COURT: But if they convince me ever so
12. slightly you are, then you lose. I am not saying you will
13. or you won't. But if you lose, what is your recourse?
14. If you lose you will bound by the entire order.
15. is And your recourse is an appeal to the Second Circuit.
16. Now, an appeal to the Second Circuit, guess what,
17. is going to cost. If you want to get a lawyer to do it,
18. which I would certainly recommend if you appeal.
19. The Second Circuit, what happens is, it is an
20. Appeals Court. Three judges sit on the Second Circuit at
21. one time. You would have to go to New York City, stay
22. somewhere in New York City. It doesn't take a rocket
23. scientist to figure out that the cheapest place in New York
24. City is probably $150 a night, and then you make your
25. argument. And you know what, they impose limits. On this



TENEN V. WINTER -7-



1. case, I have got to tell you that they will probably tell
2. you that you have got five minutes to make your argument,
3. maybe ten.
4. Then the Judges after hearing it they go back and
5. they decide. They can do a summary order which just says
6. essentially you lose, or they can write a decision.
7. And then if you lose then your remedy is to try to
8. get certiorari to the United States Supreme Court. Which I
9. don't want to be overly pessimistic but l'd say the chances
10. of that are slim and none, and slim left town. I mean I
11. don't think it is going to happen. That is just the
12. process.
13. All those considerations should go into your
14. decision on whether you settle. Again, a settlement doesn't
15. mean their right and you're wrong, or your right and they
16. wrong.
17. I have to tell all of you, you have $4,000 for
18. whatever reason, is gone. Despite that, you should be
19. trying to make an economic decision at this point. You know
20. what is in your best interests.
21. I understand principle has its place, and I don't
22. mean to belittle and I haven't belittled either side in
23. their principle. A point has to come when you have to say,
24. unless you are independently wealthy, then you have to
25. balance principle with economic reality. In any event I




TENEN V. WINTER -8-



1. will give you until 10:00.
2. (WHEREUPON A SHORT RECESS WAS TAKEN.)
3. THE COURT: Note the presence of the parties in
4. the matter of Tenen versus Winter.
5. Mr. Flowers, we adjourned so you could think about
6. what would you like to do?
7. MR. FLOWERS: I would like to clarify one point. In
8. the stipulation there is no mention of my installing the
9. corrective notice at the San Graal site; is that correct?
10. THE COURT: Right. You wouldn't have to because
11. you are not going to advertise any of his works.
12. MR. FLOWERS: Then yes, I will agree.
13. MR. COYNE: We will agree to that, Your Honor.
14. THE COURT: So it is deemed resolved. I think the
15. record is clear. Mr. Coyne, what I'm going to ask you to do
16. is get a copy of the relevant portion of the transcript,
17. prepare an order.
18. You will get an order in the mail listing these
19. conditions. You should sign it, then send it back to Mr.
20. Coyne. He will send it to me and it will become an order of
21. the Court.
22. What I don't want is anybody pulling any fast ones
23. by adding conditions. I don't want anybody backing out. I
24. will be especially unhappy if we come back here after we
25. have spent all this time.




I .
2. CERTIFICATION
3.
4. I, Stephen A. Zinone, Official Court Reporter for
5.the United States District Court, Western District of New
6. York, duly appointed pursuant to the provisions of Title 28,
7. United States Code Section 753, do hereby certify that I did
8. report in stenotype machine shorthand the proceedings held
9. in the above-entitled matter.
10.
11. Further, that the foregoing transcript is a true
12. and accurate transcription of my said stenographic notes
13. taken at the time and place hereinbefore set forth.
14.
15.
16.
17. Dated at Rochester, New York
18.
19.
20.
21.
22. Stephen A. Zinone, R.P.R.
23.
24.
25.