Court Coming Up: the Battle that’s Brewing

image So, on Nov. 4th at 2pm I shall continue my fight with and for our judicial system.

Core issue: a Court engaged in numerous transgressions culminating in violating my Constitutional in banning me from filing pleadings for now 2 years.

My intention: to take meaningful steps to contribute to fixing this failure and to hopefully significantly reduce the probability of this sort of abuse happening in the future.

My parents paid a very high cost to bring me to this country.  They did so in large part because this country is built upon certain ideas. When I consider what being banned from filing pleadings actually means, how terrifying this is when you slow down to consider the implications, it suppresses whatever fear and anxiety I have about standing up to authority and gives me a calm, methodical, and righteous drive where I do not have an option to back down.

Summary of What Had Happened

In 2006, I co-founded JoVE with a friend of mine, Moshe Pritsker.  Moshe is a good guy.  A bit of a tank, but that’s what it takes to be an entrepreneur.  JoVE was Moshe’s idea and he made me an equal partner when he didn’t have to effectively making me who I am.  For this I am in his debt.  We were also joined by a third partner, Klaus Korak.  Klaus has a different value system than I do and, given everything that has happened, I will never work with him again under any circumstances.

In 2011, when we became profitable, Moshe and I disagreed on a number of things and, after some volatility, Moshe and Klaus froze me out of the business.  The freeze-out was not surprising given the personalities involved, although not any less unethical.  Since then, thinking I am a hot-shot entrepreneur, I tried to build FairSetup. I bit of way more than I could chew.  After two hard, tiring, and unsuccessful years, I shifted gears and founded JoMI.  Another two years of hard work and JoMI is now, ever so precariously, getting off the ground.  These four years have given me a very different perspective.  Perhaps most importantly, where JoVE is concerned, I realized how grossly I underestimated what Moshe was going through at the time.

After I was frozen out, I decided to go for a tussle with Moshe in court – good education for everyone.  And so I did.  The result was a major reality check about our judicial system.

Here is a rough synopsis:

  • Freezeout: I was frozen out of JoVE (MyJoVE Corp., a MA-based closely held Corp) about 4 years ago
  • No Compensation: Since then, I have not received a cent from the business. (Rumor is that JoVE is at about $10MM in revenues)
  • Start the Lawsuit: I filed a lawsuit to demand access to books and records of the corporation
    • Judge Leibensperger confirmed that partners owe each a fiduciary duty of utmost loyalty, which I am planning on arguing indicates that partners in close corporation should have unrestricted access to books as not providing such would violate said duty.  This is minor in comparison to the core issue – read on.
  • Moshe hires a lawyer: Moshe hired Thomas Fitzpatrick from Davis Malm & D’Agostine to represent both himself and the Corporation
  • Lawyer is unethical: Thomas Fitzpatrick has acted almost comically diabolically evil in contributing to the freeze-out and continued representation with an obvious conflict of interest: representing a corp. and a shareholder in a conflict against another shareholder. 
  • Moshe countersued: Moshe countersued demanding I hand over the domain name and, after I tried to force a conversation (by way of changing his email password on a Friday night), accused me of hacking into JoVE (CFAA/ECPA).
  • Judge Kimberly Budd issued (and refused to reconsider or state how required criteria are met) a completely ridiculous overboard preliminary injunction and restraining order (Violation of Law)
  • Judge Dennis J. Curran:
    • forced discovery in violation of law in forcing me to hand over my hard drives without an adequate protective order, as required by law
    • when I demanded a proper protective order, he held me in contempt and then ruled that I owe $7.5K in costs and fees
    • when I did not pay (I was officially indigent as recognized by another court), he banned me from filing pleadings
    • despite motions for reconsideration, that ban has been in effect for now 2 years (Violation of Constitution, 5th and 14th Amendments)
  • Judge Hogan
    • did not intervene when made aware of her peer’s transgressions
      • Constitution expands anything concerning the constitution to be law of the land.
      • A judge must intervene when they see other judges violating litigants’ constitutional rights
    • did not allow me to film the proceedings (Violation of Constitutional Right to Free Speech: 1st Amendment)

My most recent communication summarizing the situation is available here.

So now what?  Well, now JoVE has become a non-issue.  My goal now is to bring accountability to the judicial system in a manner that will discourage future abuses.  If this is not done, the implications are:

  • a litigant can be gagged during a legal process
  • judges don’t have to follow law or ethical obligations
  • indigent pro se litigants will be bullied by both judges and attorneys with no regard for law or ethics
  • attorneys can act in violation of conflict of interest without repercussions

Especially given my family history (parents immigrated from USSR), you can see how this would be a problem.  So what do I want?

Option 1:

  • Judge Hogan takes action and appropriate parties are publicly reprimanded with appropriate (but limited) consequences;
  • court issues an official and public apology;
  • order is restored and future cases move smoothly without violation of law

If that does not happen, then I intend to escalate to the following:

Option 2:

  • Judges Curran and Budd face a color-of-law violation (FBI). Consequences:
    • removed from the bench
    • face fine/jail time
  • Thomas Fitzpatrick is disbarred with consequences for Davis Malm and D’Agostine for violating ethical responsibilities.  It may be appropriate for Thomas Fitzpatrick to also be included in the color of law lawsuit violation as any lawyer is an officer of the court, thereby having the same ethical responsibility to upload the Constitution.

I am not an attorney, so naturally all of the above is my interpretation, which may differ from reality.  That said, what is happening is absolutely unacceptable.  But not an option to back down.

How can you help?

  • Friends/Family: if you have connections in the media or lawyers who could assist me, I would appreciate the connections.
  • Moshe: take a public position on this with me.  After order is restored, we can continue our tussle.

If you would like to attend the hearing, it is happening on Nov 4th at the Middlesex Superior Court at 2pm in Courtroom Room 610.  The address is 200 Trade Center, Woburn, MA 01801.

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