Case: 17-1381 Document: 00117183452 Page: 1 Date Filed: 07/31/2017 Entry ID: 6109540

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIRST CIRCUIT

)
MOHAN A. HARIHAR, )
)
Appellant )
) Case No. 17-1381
v. )
)
US BANK NA, et al )
)
Defendants/Appellees )
)

APPELLANTS OPPOSITION TO APPELLEES MOTION TO DISMISS APPEAL

The Appellant, Mohan A. Harihar, acting pro se, necessarily files with the Court this

opposition to the Appellees motion to dismiss. After reviewing the content of the Appellees

motion, the Appellant clearly disagrees, and views this attempt as a last-minute ACT OF

DESPARATION to avoid accountability, and certain DEFAULT. The motion has been

submitted on behalf of ALL Appellees, by counsel representing KEN and MARY DAHER/

DAHER COMPANIES - Matthew T. Murphy. It would appear that the sole reason for this

motion to dismiss is based on the fact that the Appellant has yet to file a brief with the Court.

First, the Appellant respectfully states that if anything, he has OVER-COMMUNICATED to

ALL parties and to this Court, his VALID reasons which clearly articulate reasons to delay

filing his brief. Both here in this MTD, and also in the Appellees prior opposition to SUSPEND
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the Appellant Brief Filing (filed July 14, 2017), NO VALID ARGUMENT is provided to

support either document.

The Appellant respectfully re-states, as opposition to Appellees motion to dismiss, the VALID

reasons for not yet filing an Appellant brief with the court:

1. Pending Motions before this Court The Appellant is currently waiting for this Court

to rule on Motions which IRREFUTABLY impact the filing of the Appellant Brief:

a. Response to Order Issued June 5, 2017 (Filed June 11, 2017) - which calls for

this Court to take CORRECTIVE action, calling for CLARIFICATION and

RECONSIDERATION regarding assistance with the Appointment of Counsel,

requested STAY order, entry of DEFAULT, and the REIMBURSEMENT for

associated COSTS and ACCRUING LEGAL FEES due to the Appellant.

b. Motion to Supplement the Record, filed June 30, 2017 which addresses the

recent RECUSAL of Judge Allison Dale Burroughs pursuant to 28 U.S.C.

455(a), from the related case, Harihar v. The United States (Docket No. 17-cv-

11109). As articulated in the motion, the judges recusal directly impacts this

Appeal, the Judicial Misconduct Petition before the Judicial Council, and the

RELATED complaint recently filed against the United States.

c. Motion to SUSPEND/STAY Deadline to File Appellant Brief, filed July 11,

2017 - articulates to the Court the special circumstances WELL IN

ADVANCE, justifying the failure to comply with the time limit.

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Now, without providing ANY VALID ARGUMENT, it would appear (at least on its

surface), that Appellees are suggesting that the Court IGNORE these pending motions, and

the EXTREME circumstances that warrant NOT ONLY a STAY of Appeal, but also

MANDATE the Appellees DEFAULT.

2. Related Motion(s) pending in the lower, District Court the Court is aware that with

the RECUSAL of Judge Burroughs in the related complaint, a MOTION TO RENDER

RELATED ORDERS/JUDGEMENTS VOID, PURSUANT TO FRCP 60 was filed

on July 17, 2017. The related recusal impacts/voids (at minimum) 15 (fifteen) related

orders and/or judgements, including the dismissal order related to this appeal.

Now, it would appear that Appellees who have provided NO VALID ARGUMENT are

suggesting that the Court IGNORE the referenced recusal, and its impact to this appeal.

3. Assistance of Experienced Counsel SHOULD it become necessary to move forward

with this appeal, the complexity of legal issues already identified to this Court clearly

warrants the assistance of experienced legal counsel in preparing a legal brief, along with

an amended timeline to do so. The Appellees who have NEVER filed a single piece of

opposition to assisting the Appellant with the appointment of counsel, are now apparently

suggesting that the Court IGNORE requests to do so.

4. Upholding Evidenced FRAUD ON THE COURT and ECONOMIC ESPIONAGE

Claims Appellees are now faced with the reality that their DEFAULT is IMMINENT,

since both the evidenced Fraud on the Court AND Economic Espionage claims stand as
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UNOPPOSED. Appellees realize they have NO RECOURSE in this appeal, and re-

direction back to the lower Court provides NO DIFFERENT CIRCUMSTANCE.

Therefore, based on these FACTS ALONE, this Court MUST find ALL Appellees in

DEFAULT, pursuant to (at minimum) FRCP 60(b).

5. Clarification by the US Appeals Court Clerks Office Prior to filing his Motion to

Suspend the filing date for the Appellate Brief on July 11, 2017, the Appellant had a

specific phone conversation with the Clerks Office of this Appeals Court. In that

conversation, the Appellant was informed by the Clerks office that due to the

pending motions and their impact to filing the Appellants brief, there was NO

RISK of default if the brief was not received by the current deadline. Furthermore,

the Clerks Office stated that once the Court ruled on the motions, should it become

necessary to move forward with the appeal, an amended timeline would be set to allow

for filing the Appellants brief. Therefore, FRAP 31(c) and Local Rule 45(a) are NOT

Applicable here. The Appellant has CLEARLY shown special circumstances WELL

IN ADVANCE, justifying the failure to comply with the time limit. There was also

ample time for the Court to respond prior to the deadline if there was any disagreement

with these special circumstances. Confirmation by the Clerks office re-affirms the

Appellants decision.

There may have been a time when Appellees truly believed that being held accountable for their

crimes seemed highly improbable. Their collective demise is by their own hand, with no one else

to blame. Now, a scenario once considered improbable has become reality, and these continued
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efforts by Appellees to DECEIVE AND UNNECESSARILY DELAY A DEFAULT

JUDGEMENT MUST NO LONGER BE TOLERATED. The Appellants Notice filed with

the Court on July 24, 2017, clearly states that ANY failure to take corrective action by July 31,

2017 (today), upholding referenced Federal Rules will show cause to (at minimum):

1. File incremental judicial misconduct complaints,

2. File motions for recusal, and

3. Expand upon existing claims against The United States in the related complaint

Harihar v. The United States, Docket No. 17-cv-11109.

CONCLUSION

Based on the reasons states within, the Appellant, Mohan A. Harihar respectfully calls for the

Court to DENY the Appellees motion to dismiss. There is also a CLEAR EXPECTATION, that

with reference to pending motions, this Court will TIMELY initiate CORRECTIVE action

moving forward including a move for a DEFAULT JUDGEMENT IN FAVOR OF THE

APPELLANT, MOHAN A. HARIHAR, WITH PREJUDICE. With regard to professional

accountability, there is full expectation that the Court will assess appropriate penalties including

(but not limited to) licensure revocation and disbarment, where applicable. Finally, with regard to

criminal claims, ANY failure by the DOJ to FULLY prosecute Appellees for evidenced criminal

misconduct will show cause to expand upon existing claims against The United States in the

related lower court docket.

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Due to the severity of these collective civil/criminal claims, for documentation purposes, and

also out of concerns for personal safety/security, copies of this filed Motion are sent via email

and/or certified mail to: The Executive Office of the President (EOP), the US Inspector - General

Michael Horowitz, US Attorney General - Jeff Sessions, the House Judiciary Committee, and to

the Federal Bureau of Investigation (FBI). A copy will also be made available to the Public.

Respectfully submitted this 31th Day of July, 2017.

Mohan A. Harihar
Appellant
7124 Avalon Drive
Acton, MA 01720
Mo.harihar@gmail.com
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CERTIFICATE OF SERVICE

I hereby certify that on July 31, 2017 I electronically filed the foregoing with the Clerk of Court
using the CM/ECF System, which will send notice of such filing to the following registered
CM/ECF users:

Jeffrey B. Loeb
David Glod
David E. Fialkow
Kevin Patrick Polansky
Matthew T. Murphy
Kurt R. McHugh
Jesse M. Boodoo

Mohan A. Harihar
Appellant
7124 Avalon Drive
Acton, MA 01720
Mo.harihar@gmail.com