OK, so many of you have been asking me what happened at my hearing. Here is a synopsis, based on my recollection.
The hearing was with Judge Josh Wall. Life is full of ironies.
TL;DR: tried to film, they didn’t let me, will be escalating.
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.
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.
Sorry sorry. As per my usual self, I’ve been terrible at keeping in touch with everyone (esp. grandma; sorry grandma!) But just in case you are interested in what’s up with me, here is a brief update across the board:
Tried Carrot this morning. Abuse is awesome. Also tried Yoga Studio. Not bad at passive-aggressively telling I am no longer quite as bendy as I used to be, but felt very good. Prefer Carrot’s more direct abuse. (Thanks Mary!)
JoMI (jomi.com) is now officially two years old (entering the terrible twos?). MGH, Harvard Medical School, UCSF, Stanford, and a number of others have renewed and I keep running into people who have seen our videos, so we are now prepping to move to the next stage. Fun fact: Continue reading
Things had to get worse before they have a chance to get better. At some point, however, they get so bad that it’s time for the pendulum to swing back in the other direction. I think we may have reached that point.
This is a follow-on letter to Judge Hogan and Judge Leibensperger I sent last week:
http://bit.ly/jove-hogan-2015-04-01
The full package is here (the document not valid were attached to Fitzpatrick’s “oppositions”, which I need to scan in as he hasn’t sent them to me by email).
Summary: what is happening should be completely unacceptable to all of us: what is happening is an embarrassment for us all (Judges violating Constitution, pro se bias, etc.). Therefore, as you are Judges, it is your responsibility to intervene.
Let’s see what happens next.
Filed under JoVE
After 2 reschedules, had a hearing yesterday with Judge Hogan. Here is my plan for what was said (feel free to comment/contribute) and there is an audio transcript for the hearing that I might get later.
Focus according to Judge: status hearing, motion to dismiss.
Focus according to me: system is broken, do something
And then… Continue reading
Filed under JoVE
Alrighty then. My petition for review has been denied. Congrats. Courts still not working as intended. Good to know I have my work cut out for me – this has become a matter of principle. Next stop: state supreme court.
So, let’s recap:
So… more updates. Real quick cause work:
Denied – My motion #76 (Judge Budd, reconsider). No surprise there, so filing petition for review (or a complete package with bookmarks and appendixes).
Denied – My petition for review (2013-J-0355) of Curran’s refusal to sanction Fitzpatrick and of stopping the judicial process due to my being an indigent.
On Judge Budd:
Backstory: about a year into the freeze-out, I found out that Beth Hovey, our head of editorial at the time, was leaving the company. Now a lot can break, but how bad must things be in order for a head of editorial to leave one of the most exciting developments in scientific publication?! So I decided to take a very carefully calculated step of changing Moshe’s password on his email account and demanding that we speak.
Filed a “Petition for Review” with the Appeals Court: petition PDF in the following folder. Let’s see where this takes us. One recurring theme I am hearing from some people familiar with our court system is that lower courts are often disgustingly political in their behavior. That is, people do each other “favors” and, as judges are former lawyers, everyone knows each other. That explains why, when talking to several attorneys, the conversation sometimes goes something like:
So, finally some good news. After my motion for reconsideration (Paper #81, Blog Post), Court clarified that Award of Default is Denied (Court Order), and that the clerk is ordered to not accept papers (a gag order? really?). Interestingly enough, Judge Curran followed up with an order to strike my motion for reconsideration (Paper #82). Continue reading
Filed a motion for reconsideration with Judge Dennis J. Curran (folder, PDF). Tricky Fitzpatrick filed his previous motion in a way that, effectively, mislead Judge Curran into thinking that I didn’t comply with discovery. At least that’s the only semi-reasonable explanation that I can imagine for a Judge to allow a motion that effectively stops the judicial process on an indigent individual without so much as a hearing over award of fees in violation of Court’s rules of procedure (explanation in my motion). Continue reading
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