Beruflich Dokumente
Kultur Dokumente
)
MOHAN A. HARIHAR, )
)
Appellant )
) Case No. 17-1381
v. )
)
US BANK NA, et al )
)
Defendants/Appellees )
)
The Appellant - Mohan A. Harihar, respectfully files with the Court this DEMAND to bring a
An Appellee who fails to file a brief will not be heard at oral argument unless the court
grants permission.
2. 1st Cir. R. 45.0 (b) - When a cause is in default as to the filing of the brief for Appellee
or respondent, the cause must be assigned to the next list and the Appellee will not be
3. This Court issued the Appellants Briefing Notice on June 5, 2017. Said Briefing Notice
required Appellees to file their brief(s) by September 13, 2017. On August 18, 2017,
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Summary Disposition and request for a 30-day timeline extension for filing their brief,
should the motion be denied. On August 31, 2017, Chief Justice Howard issued the
following order:
opposed motion to stay briefing pending the court's ruling on the motion for summary
Massachusetts' brief shall be due within 30 days following any order denying their
September 8, 2017, this order by Chief Justice Howard is considered issued WITHOUT
under ARTICLE III, Section 3 of the Constitution. As of today, September 14, 2017:
question the Appellants claim of the VOID order prior to the submission
4. Similarly, on August 31, 2017, the remaining Appellees filed a motion for Summary
Disposition and request for a 30-day timeline extension for filing their brief, should the
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motion be denied. While a decision is still pending, the Appellant response filed
reply to contest ANY portion of the Appellants response, and as of today September 14,
In their own words, Appellees stated as part of the record on July 31, 2017:
As the Seventh Circuit stated in Ramos v. Ashcroft. 371 F3d 948, 949 950 (7th Cir.
2004):
A brief must be tendered when due. If extra time has not been granted in advance,
then the litigant must file its brief as scheduled If events justify a last-minute motion
concerning jurisdiction, venue, sanctions, or any other subject, then that motion may
accompany the brief; a motion is not a substitute for a brief. (emphasis in original).
5. In addition, and as noted above, 1st Cir. R. 45.0 (b) - When a cause is in default as to the
filing of the brief for appellee or respondent, the cause must be assigned to the next list
and the appellee will not be heard at oral argument except by leave of the Court.
This Court is respectfully reminded that the referenced Fraud on the Court claims, well-
articulated against ALL Appellees, BOTH in the lower Court Docket AND in this
7. Jurisdiction prior to moving forward with ANY decisions, the Appellant respectfully
states that issues remain regarding jurisdiction. The Appellant has brought evidenced
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interpretation of the law that these five (5) judges are considered disqualified by law
and have lost jurisdiction to rule further in this litigation. Any attempt to rule further
III, Section 3 of The United States Constitution. The Court is respectfully reminded
that the sua sponte RECUSAL of Judge Allison Dale Burroughs in the related Docket
NO. 15-cv-11880. As with the claims against Judge Burroughs, there has been NO
jurisdiction from referenced Appellate Court Judges, including Chief Justice Howard.
Already, an incremental claim of Treason under Article III has been brought against
Chief Justice Howard (reference the August 31, 2017 order), and now, it appears that on
September 14, 2017 (today), Judge Kayatta has similarly issued an order without
reaching a mutual agreement on the civil portions of this complaint. SHOULD the
Appellees refuse this opportunity by the given deadline, there will not be another,
showing cause for the clerk to timely enter a default judgment. The Appellant makes
clear, that ANY potential agreement between parties will pertain to civil portions only.
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Criminal and Professional misconduct claims including (but not limited to) Attorney
misconduct (under Fed. R. App. P. 46) and Broker/Realtor misconduct will need to
clarifies for the record that the opportunity extended to the Commonwealth and its former
Attorney General Martha Coakley already expired on Friday, September 9, 2017. The
Appellant generously extends the timeline to September 16, 2017, in line with the
remaining Defendants/Appellees.
clearly explained within the record of this Appeal and in the lower docket, both
Defendants Fialkow and Patterson are considered Appellees. NEITHER has filed and
Appellee Brief by the required deadline, and the pending motion before the Court does
CONCLUSION
Friday, September 16, 2017 - 5pm (EST), the Appellant respectfully requests that the Clerk issue
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Mohan A. Harihar
Appellant
7124 Avalon Drive
Acton, MA 01720
Mo.harihar@gmail.com
CERTIFICATE OF SERVICE
I hereby certify that on September 14, 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