Documente Academic
Documente Profesional
Documente Cultură
vs
*
Simultaneously filed with the Senate and House Judiciary, Armed Services, and Finance Committees,
UN Human Rights Council, and the Basel Accords Committee on International Banking
A. TABLE OF CONTENTS
A. Table of Contents …i
B. List of Exhibits …i
E. Notice …1
J. Claims … 12
K. Case Status … 13
M. Statement of Verification … 15
N. Certificate of Service
___________
TOC
B. LIST OF EXHIBITS
PAGE 1
1: Notice and Motion to Intervene
None
PAGE 35
3: Motion for a Declaratory Mandate in re: Zernik v Connor et al
i
1: NOTICE OF MOTION AND MOTION TO INTERVENE
Exhibit 3:1: Zernik v Connor et al (2:08-cv-01550):
a) March 5, 2009 Complaint (Dkt #001) (face page), and
b) The respective NEF, bearing the ‘electronic document stamp’, as required by
General Order 08-02 for valid electronic certificate of authentication/attestation
Exhibit 3:2: Zernik v Connor et al (2:08-cv-01550):
a) March 7, 2008 Order Returning Case for Reassignment (Dkt #009). and
b) The respective NEF, missing the ‘electronic document stamp’
Exhibit 3:3: Zernik v Connor et al (2:08-cv-01550):
a) April 24, 2009 Judgment (Dkt #107), and
b) The respective NEF, missing the ‘electronic document stamp’
Exhibit 3:4: Zernik v Connor et al (2:08-cv-01550):
a) Table form summary of NEFs’ validity, or lack thereof, and
b) Compiled NEFs of Judicial, and Clerical Records, as obtained from the office of
the Clerk on December 29, 2009.
4: Motion for an Order to Show Cause in re: Log Cabin Republicans v USA et al PAGE 87
5: Motion for a Declaratory Mandate in re: The NEFs are Public Records PAGE 121
None
6: Motion for a Declaratory Mandate in re: The NEFs as Currently Drafted PAGE 130
None
7: Motion for a Declaratory Mandate in re: General Order 08-02 and CM/ECF PAGE 139
ii
1: NOTICE OF MOTION AND MOTION TO INTERVENE
Exhibit 7:1: Fine v Sheriff (2:09-cv-01914):
Correspondence with the California Judicial Council regarding appearances by
Attorney Kevin McCormick on behalf of the Superior Court of California
None
PAGE 167
9: Request for CM/ECF Password
None
___________
TOC
___________
TOC
D. TABLE OF AUTHORITIES
5:4
6:6,7; 7:3,4,5,6,8,9;
9:2
iii
1: NOTICE OF MOTION AND MOTION TO INTERVENE
Federal Rules of Civil Procedure … 1:1,2,5,6,8,9,10; 4:4,5
42 USC §1983, Deprivation of Rights under the Color of Law … 5:6, 7:2,9
Erickson v Pardus et al, 551 U.S. 89 (S. Ct., Jun. 4, 2007) … 2:2
Haddock v California Board of Dental Examiners, US Crt App 9th Circ, (Nov 26, 1985);
iv
1: NOTICE OF MOTION AND MOTION TO INTERVENE
___________
TOC
INERVENE
Request for Leave to File, Notice to Reliably Inform the Court of Unprofessional
The papers, which are concomitantly filed under separate covers, should be deemed
the US District Court, Central District of California, where all judicial and clerical
(NEFs – Notices of Electronic Filing) by the Clerk, with no name of the ‘Filer’ listed, and
Such records included, but were not limited to, the Summonses, as issued by the
Clerk, the Assignment to a US Judge, the Referral to a US Magistrate, and the Judgment.
The Clerk of the US District Court has refused to certify the PACER (online public
The judicial and clerical records and the litigation as a whole should be deemed by
1/15
1: NOTICE OF MOTION AND MOTION TO INTERVENE
4: Motion for an Order to Show Cause in re: Log Cabin Republicans v USA et al
The Clerk of the US District has refused to permit access to the electronic certificates
of authentication/attestation by the Clerk (NEFs) in this case, including, but not limited
to, the certificate of the October 12, 2010 Judgment, from which the Appeals were taken.
The Clerk of the Court has also refused to certify the PACER docket in the case.
Regardless, sufficient evidence is provided from the PACER docket to conclude that
Log Cabin Republicans v USA et al, like Zernik v Connor et al, was litigation, was
litigation in the US District Court, where all judicial and clerical records, including but
not limited to the uncertified October 12, 2010 Judgment should be deemed by the Court
The Motion for Order to Show Cause accordingly calls upon the parties to the
Appeals to answer why the Appeals, taken from the uncertified October 12, 2010
Judgment, should not be dismissed for lack of jurisdiction, alternatively, for mootness.
6: Motion for a Declaratory Mandate: The NEFs as Currently Drafted are invalid
The three additional Motions, listed above, are concomitantly filed, requesting
California, which enabled the conduct of litigation in Log Cabin Republicans v USA et al,
where the Clerk of the Court denies access to certification of the Judgment, and refuses to
2/15
1: NOTICE OF MOTION AND MOTION TO INTERVENE
The cases, which are subject of this filing, are of high public policy significance,
Respectfully submitted,
By: ______________________
Joseph Zernik, PhD
[Proposed] Intervenor, In Pro Se
2231 South Court
Palo Alto, CA 94301
Telephone: (323) 521-6209
Facsimile (213) 261-9881
jz12345@earthlink.net
___________
TOC
INTERVENE
(“Zernik”) herein files the Request to File, Notice to Reliably Inform the Court, and
Verified Motion to Intervene in the Appeals under Log Cabin Republicans v United
1. The following papers are concomitantly filed under separate covers, and should be
deemed integral parts of instant Request to File, Notice to Reliably Inform the Court,
3/15
1: NOTICE OF MOTION AND MOTION TO INTERVENE
The papers are numbered as follows:
1: Request for Leave to File, Notice to Reliably Inform the Court, and Motion to
Intervene;
4: Motion for an Order to Show Cause in re: Log Cabin Republicans v USA et al
(2:04-cv-08425) and the uncertified October 12, 2010 Judgment on USA and Log
Cabin Republicans - Why instant Appeals should not be dismissed for lack of
5: Motion for a Declaratory Mandate: The NEFs are court records subject to the
6: Motion for Declaratory Mandate: The NEFs, as currently drafted, are invalid as
___________
TOC
4/15
1: NOTICE OF MOTION AND MOTION TO INTERVENE
THE COURT OF UNPROFESSIONAL CONDUCT UNDER LOG CABIN
A judge should initiate appropriate action when the judge becomes aware of
reliable evidence indicating the likelihood of unprofessional conduct by a judge or
lawyer.
Instant Notice to Reliably Inform the Court and the concomitantly filed papers,
a) The construction of vague and ambiguous and/or void, not voidable electronic
dockets in PACER (the online public access system) under Log Cabins
b) Incorporation in the dockets of the two cases of vague and ambiguous and/or
void, not voidable uncertified October 12, 2010 Judgment and Permanent
Injunction (Dkt #252) and uncertified April 24, 2009 Judgment (Dkt #107),
respectively, and
c) Underlying conditions at the District Court, which enabled the conduct described
5/15
1: NOTICE OF MOTION AND MOTION TO INTERVENE
Zernik v Connor et al (3:) and the concomitantly filed papers for the Court to
rule that the April 24, 2009 Judgment (Dkt #107) under Zernik v Connor et al, is
In Zernik v Connor et al access was gained, after long delays, to the electronic
to judicial and clerical records. All the NEFs were found invalid. (See 3: Motion for
Accordingly, it is claimed that the evidence is conclusive that the litigation PACER
docket as a whole was and is null and void, and the judicial and clerical records, which
were published in it, including but not limited to the April 24, 2009 Judgment, are void,
4. Reliable evidence is provided in the Motion for an Order to Show Cause in re:
concomitantly filed papers that the uncertified October 12, 2010 Judgment is
Reliable evidence is provided in the Motion to Intervene and the concomitantly filed
papers that the PACER docket and the two contradictory Judgments Log Cabins
In Log Cabin Republicans v USA et al the Clerk of the US District Court has denied
public access to the NEFs. Therefore, the October 12, 2010 Judgment, from which the
In Log Cabin Republicans v USA et al the Clerk of the US District Court has denied
6/15
1: NOTICE OF MOTION AND MOTION TO INTERVENE
Under such circumstances, the Court should grant the Motion for an Order to Show
Cause: Why the Appeals should not be dismissed for lack of jurisdiction, alternatively,
for mootness.
proposed in the Motions for Declaratory Mandates in re: The NEFs are Public
Records (5:), in re: The NEFs are Invalid as Drafted (6:), and in re:
The three additional Motions, listed above, reliably inform the Court of circumstances
at the US District Court, which enabled the conduct of litigations under Zernik v Connor
The three Motions, listed above (5:, 6:, 7:), also propose appropriate corrective
actions, through the Mandates on the US District Court to: a) Restore public access to the
authority of the Clerk of the Court, and c) Rescind the General Order 08-02 in part or in
full.
accept the Notice, pursuant to the Code of Conduct of US Judges, and initiate the
granting Zernik the Leave to File the Motion to Intervene and concomitantly
filed paper.
For the reasons listed in paragraphs1-5, above, and in the concomitantly filed papers,
the Court should initiate corrective actions regarding the Judgments in Zernik v Connor et
al and Log Cabin Republicans v the USA et al, and underlying condition in the US
7/15
1: NOTICE OF MOTION AND MOTION TO INTERVENE
District Court, including but not limited to granting Zernik’s the Leave to File.
___________
TOC
Zernik is filing his Motion to Intervene as soon as possible after he discovered the
facts in the matters outlined below, and while the appeals are in their initial stage.
b) Zernik claims an interest that is the subject of the action, based on the facts outlined
As outlined below, the preponderance of the evidence indicates that the conduct
Therefore, any ruling by the US Court of Appeals on the matters raised in the
Motion to Intervene and the concomitantly filed papers regarding validity, or lack
thereof, of the uncertified October 12, 2010 Judgment in Log Cabin Republicans v
Judgment in Log Cabin Republicans v United States of America et al, detailed in the
Motion to Intervene and the concomitantly filed papers, have not been raised by
either the Log Cabin Republicans, or the USA. Zernik therefore claims that he is so
situated that disposing of the action may, as a practical matter, impair or impede his
ability to protect his interests and his ability to protect his Constitutional and Civil
8/15
1: NOTICE OF MOTION AND MOTION TO INTERVENE
Rights.
Zernik alternatively claims that the Court should allow Permissive Intervention, since
Zernik shares with both Log Cabin Republicans and the United States the main facts
Intervention and the current Appeals under Los Cabin Republicans v United States of
The commonality of law and facts between conduct of Log Cabin Republicans v
outlined below, and further detailed in the Motion for Order to Show Cause in re: Log
Cabin Republicans v United States of America et al (4:), in the Motion for Mandate in re:
The Clerk refused to issue valid summons; no valid summons was served,
and service was not waived; the March 7, 2008 Order Returning Case for
Reassignment (Dkt #009), was issued with invalid NEF, missing the ‘electronic
document stamp’; only invalid, void minutes and orders were issued and
published in the online PACER docket, all with invalid NEFs; an invalid April 24,
2009 Judgment was issued and published in the online PACER docket with
invalid NEF, and the Clerk of the US District Court refuses to certify the online
9/15
1: NOTICE OF MOTION AND MOTION TO INTERVENE
No record is available in the docket of the initial Complaint (Dkt #001) or of
found in the docket; the two Judges issued two opposing judgments: The first
judgment, in favor of the United States of America, dismissed the Log Cabin
Republicans’ complaint, and was listed in the Judgment Index of the US District
Court; No appeal or other procedure overtunred the 2006 judgment; the second
judgment, in favor of the Log Cabin Republicas, was not listed in the Judgment
Index of the Court, and the Clerk of the US District Court refuses to certify the
docket of the case and also refuses to permit public access to electronic
Due to the commonality in facts and law, the remedies sought in both Zernik v
Connor et al and Log Cabin Republicans v USA et al are also of the same nature,
seeking to establish the lack of validity and effect of the PACER dockets and of
the judicial and clerical records, including, but not limited to the respective
uncertified judgments.
a. Zernik provided Notice of Intent to Intervene (Exhibit 1:1), and also attempted to
b. Zernik served instant Motion to Intervene and the concomitantly filed papers on
the parties pursuant to the Service List, below, and the Certificate of Service, is
10/15
1: NOTICE OF MOTION AND MOTION TO INTERVENE
provided herein (N, below).
c. Therefore, the Clerk of the US Court of Appeals, 9th Circuit should not refuse to
file instant Zernik’s papers, even if not in the form prescribed by FRCivP or by
Beyond his individual interests, Zernik claims that his intervention is in the public
The Motion to Intervene and the concomitantly filed papers allege deprivation of the
Constitutional and Civil Rights of all who are similarly situated in the Central District of
California.
Rulings by the Court on the matters, raised in the Intervention are likely to exert
profound impact on the integrity of online dockets and judicial records of the US District
grant Zernik the Motion to Intervene in the Appeals under Los Cabin
For the reasons in paragraphs 1-4, above, and in the concomitantly filed papers, the
___________
TOC
1. In Zernik v Connor et al, Zernik was denied the right for adjudication of his
complaint pursuant to the law of the United States and Due Process rights.
11/15
1: NOTICE OF MOTION AND MOTION TO INTERVENE
Based on the evidence, outlined in G and H, above, in the Motion for Mandate in re:
Zernik v Connor et al (3:), and the concomitantly filed papers, the Court should conclude
that the litigation in Zernik v Connor et al was conducted out of compliance with the
FRCivP, the Civil Litigation Management Manual of the Federal Judicial Council, First
2. In Log Cabin Republicans v USA et al, Log Cabin Republicans and the USA were
denied the right to have the complaint adjudicated pursuant to the law of the
Based on the evidence, outlined in G and H, above, in the Motion for Order to Show
Cause in re: Log Cabin Republicans v USA et al (4:), and in the concomitantly filed
papers, the Court should conclude that the litigation in Log Cabin Republicans v USA et
al was conducted out of compliance with the FRCivP and the Civil Litigation
Management Manual of the Federal Judicial Council, First Amendment and Due Process
rights.
Based on the evidence, outlined in G and H, above, and in the concomitantly filed
papers, the Court should conclude that the conduct of litigation in Zernik v Connor et al
and in Log Cabin Republicans v USA et al was closely linked to conditions that were
12/15
1: NOTICE OF MOTION AND MOTION TO INTERVENE
4. Therefore, the US Court of Appeals, 9th Circuit, is respectfully requested to
grant Zernik the Motions and Requests, which are part of the Intervention.
For the reasons detailed in 1-3, above, the Court should grant just and equitable
remedies, pursuant to the law of the United States, as detailed below (L. PRAYER FOR
RELIEF), for Zernik, for Log Cabin Republicans, for the USA, and for all who are
___________
TOC
J. CLAIMS
1. As detailed in the 3: Motion for a Declaratory Mandate in re: Zernik v Connor et al, it
is claimed that all clerical and judicial records in the PACER docket, including, but
not limited to, the uncertified April 24, 2009 Judgment are null and void.
2. As detailed in 4: Motion for an Order to Show Cause in re: Log Cabin Republicans v
USA et al, it is claimed that all clerical and judicial records in the PACER docket,
including, but not limited to, the uncertified October 12, 2010 Judgment are null and
void.
3. As detailed in 5: Motion for a Declaratory Mandate in re: The NEFs are Public
Records, it is claimed that the NEFs are court records subject to the First Amendment
rights.
4. As detailed in 6: Motion for a Declaratory Mandate in re: The NEFs, as Drafted are
Invalid Certificates, it is claimed that the NEFs, as currently drafted, are invalid as
13/15
1: NOTICE OF MOTION AND MOTION TO INTERVENE
electronic certificates of authentication/attestation by the Clerk, which undermine
5. As detailed in 7: Motion for a Declaratory Mandate: in re: CM/ECF and the General
Order 08-02, it is claimed that establishment of CM/ECF through the General Order
___________
TOC
K. CASE STATUS
2. Appeals by Log Cabin Republicans and the USA filed Appeals under Log Cabin
Republicans v USA et al (10-56634 and 10-56813) are now pending at the US Court
of Appeals.
___________
TOC
and equitable relief, pursuant to the law of the United States, as follows:
1. Declaratory relief in entering the Mandate in re: Joseph Zernik v Jacqueline Connor
2. Declaratory relief in entering the Order to Show Cause in re: Log Cabin Republicans
v USA et al (2:04-cv-08425) and the uncertified October 12, 2010 Judgment on USA
and Log Cabin Republicans - Why instant Appeals should not be dismissed for lack
14/15
1: NOTICE OF MOTION AND MOTION TO INTERVENE
3. Declaratory relief in entering the Mandate on the US District Court: The NEFs are
4. Declaratory relief in entering Mandate: The NEFs, as currently drafted, are invalid as
District Court through the General Order 08-02 amounts to Deprivation of Rights.
WHEREFORE, Plaintiff, Joseph Zernik respectfully asks the Honorable Court to grant
him such declaratory, injunctive, mandate and other relief as it deems just and proper,
Respectfully submitted,
Joseph Zernik
By: _______________________________
Joseph Zernik, PhD
[Proposed] Intervenor, In Pro Se
2231 South Court
Palo Alto, CA 94301
Telephone: (323) 521-6209
Facsimile (213) 261-9881
jz12345@earthlink.net
15/15
1: NOTICE OF MOTION AND MOTION TO INTERVENE
___________
TOC
M. STATEMENT OF VERIFICATION
I, Joseph Zernik, read instant 1: Request for Leave to File, Notice to Reliably Inform
the Court and Motion to Intervene, and I know the content thereof to be true and
correct, it is true and correct based on my own personal knowledge, except as to those
matters therein stated as based upon information and belief, and as to to those matters, I
I make this declaration that the foregoing is true and correct under penalty of perjury
____________________
Joseph Zernik
16/15
1: NOTICE OF MOTION AND MOTION TO INTERVENE
EXHIBITS
EXHIBIT 1:1
December 12, 2010 Notice of Intent to Intervene and Request to Confer in
Appeals in Log Cabin Republicans v USA et al, forwarded to parties in the
Appeals, and confirmations of receipt.
Dr Zernik has previously filed a request with Counsel for Log Cabin Republicans,
with Counsel for USA, and with Clerk Terry Nafisi, US District Court, Central
District for California, to access the NEFs (Notices of Electronic Filings) in Log
Cabin Republicans v USA et al (2:04-cv-08425).
No response to the request has been received from any of those requestees.
Dr Zernik requests to confer with Counsel for Log Cabin Republicans and USA in
this matter at their earliest convenience, so that he need not burden the US Court
of Appeals, 9th Circuit.
Subject: Read: Timely Response Requested within 7 days. RE: Log Cabin
Republicans v USA (10-56634), (10-56813) - Notice of Intent to Intervene and
Request to Confer
Date: Mon, 13 Dec 2010 11:43:25 -0500
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Thread-Topic: Timely Response Requested within 7 days. RE: Log Cabin
Republicans v USA (10-56634), (10-56813) - Notice of Intent to Intervene and
Request to Confer
Thread-Index: AcuZ2xUh2yn70GYxRme58utNN7b12gBCcd70
From: "Steinmeyer, Anthony (CIV)" <Anthony.Steinmeyer@usdoj.gov>
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Subject: Read: Timely Response Requested within 7 days. RE: Log Cabin Republicans v
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Date: Sun, 12 Dec 2010 12:25:54 -0500
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N. CERTIFICATE OF SERVICE
I, the undersigned Joseph Zernik, served the documents described as 1: Request for
Leave to File, Notice to Reliably Inform the Court, and Notice of Motion and Motion
to Intervene on parties in this action by depositing a true copy thereof, which was
enclosed in a sealed envelope, with postage fully prepaid in the United States Mail,
addressed as follows:
I certify and declare, under penalty of perjury under the laws of the United
States of America and the State of California, that the foregoing is true and
correct.
Executed on December 27th, 2010,
Joseph H Zernik
By: ______________
Joseph Zernik, PhD
[Proposed] Intervenor, In Pro Se
2231 South Court
Palo Alto, CA 94301
Telephone: (323) 521-6209
Facsimile (213) 261-9881
jz12345@earthlink.net
Case No 10-56634 and 10-56813 TOC
vs
Zernik requests the Court’s lenience for his "inartful pleading",[ 1 ] as accorded by US
law to pro se filers. In particular, Zernik is not qualified in assessing the validity of legal
theories. He therefore asks the Court to ignore any irrelevant or erroneous legal theory
that he might claim, and to take into consideration the facts themselves, as well as the
For such reasons, routine use has been made in the Motion to Intervene and adjoining
records of language implying violations of the law or claiming rights by law, while
specific sections of the code and case law were not cited.
///
///
///
///
///
///
2/5
2: REQUEST FOR LENIENCE AS A PRO SE FILER
3. Therefore, Zernik respectfully requests that the Court accord him lenience as a
For all the reasons listed in paragraphs 1-2, above, the Court should accord Zernik
lenience as due to pro se filers, pursuant to the law of the United States.
Respectfully submitted,
By: ______________
JOSEPH ZERNIK
Intervenor, In Pro Se
2231 South Court
Palo Alto, CA 94301
Telephone: (323) 521-6209
Facsimile (213) 261-9881
jz12345@earthlink.net
____________
STATEMENT OF VERIFICATION
I, the undersigned, Joseph Zernik, read the Intervenor’s 2: Verified Request for
Lenience as a Pro Se Filer, and I know the content thereof to be true and correct, it is
true and correct based on my own personal knowledge, except as to those matters therein
stated as based upon information and belief, and as to those matters, I believe them to be
true and correct as well.
I make this declaration that the foregoing is true and correct under penalty of perjury
pursuant to the laws of the United States.
Executed on December 27th, 2010.
____________________
Joseph Zernik
3/5
2: REQUEST FOR LENIENCE AS A PRO SE FILER
____________
CERTIFICATE OF SERVICE
I, the undersigned Joseph Zernik, served the documents described as: 2: Request for
Lenience as a Pro Se Filer on parties in this action by a) emailing, and b) by mailing a
true copy thereof, which was enclosed in a sealed envelope, with postage fully prepaid,
addressed as follows:
4/5
2: REQUEST FOR LENIENCE AS A PRO SE FILER
I certify and declare, under penalty of perjury under the laws of the United
States of America and the State of California, that the foregoing is true and
correct.
Joseph Zernik
By: ______________
JOSEPH ZERNIK
Intervenor, In Pro Se
2231 South Court
Palo Alto, CA 94301
Telephone: (323) 521-6209
Facsimile (213) 261-9881
jz12345@earthlink.net
5/5
2: REQUEST FOR LENIENCE AS A PRO SE FILER
Case Nos 10-56634 and 10-56813 TOC
vs
files his Motion for a Declaratory Mandate: The uncertified April 24, 2009 Judgment In
Zernik V Connor et al was, is, and always will be void, not voidable.
1. The concomitantly filed papers should be deemed integral parts of instant motion.
The following papers are concomitantly filed under separate covers, as integral parts
of instant motion:
1: Request for Leave to File, Notice to Reliably Inform the Court, and Motion to
Intervene;
3: Motion for Declaratory Mandate: The uncertified April 24, 2009 Judgment in
Zernik v Connor et al was, is, and always will be void, not voidable.
4: Motion for an Order to Show Cause on Log Cabin Republicans and the USA in
re: Log Cabin Republicans v USA et al - Why instant Appeals should not be
5: Motion for a Declaratory Mandate: The NEFs (Notices of Electronic Fling) are
6: Motion for Declaratory Mandate: The NEFs are invalid as electronic certificates
2/6
7: Motion for Declaratory Mandate: The establishment of PACER and CM/ECF
through the General Order 08-02 of the US District Court amounts to Deprivation
of Rights;
2. The NEFs (Notices of Electronic Filing) of judicial and clerical records in Zernik
On December 29, 2009 (eight months after the issuance of the Judgment in Zernik v
Connor et al), following repeated efforts, Zernik did manage to access the electronic
The March 5, 2009 Complaint (Dkt #001) was apparently docketed with a valid NEF,
including a valid ‘electronic document stamp’ and ‘Filer’ name – ‘Joseph Zernik’.
(Exhibit 3:1)
3. The NEFs of all judicial and clerical records in Zernik v Connor et al, which were
On December 29, 2009, a total of twenty-four (24) NEFs were discovered, sixteen
All sixteen (16) judicial and clerical records, whose NEFs were discovered, were
docketed with patently invalid NEFs: No 'electronic document stamp', which is required
in a valid NEF, pursuant to the General Order 08-02, [ 1 ] and no ‘Filer’ name is found in
any of the NEFs for the sixteen (16) judicial and clerical records.
1
For ease of reference, a copy of the General Order 08-02 was posted at:
Hhttp://www.scribd.com/doc/27632471/
3/6
The sixteen (16) judicial and clerical records, whose NEFs were discovered, and
which were ‘entered’ in the PACER docket, while patently invalid NEFs were issued by
e) Dkt #14 – March 21, 2008 Minutes by US Judge, denying the Request for
4/6
4. The Clerk of the US District Court has refused to certify the PACER docket in
Regardless of repeated requests, the Clerk of the US District Court has refused to
District of California, should be deemed by the Court as denial of Access to the Courts,
April 24, 2009 Judgment in Zernik V Connor et al was, is, and always will be
For the reasons listed in paragraphs 1-5, above, the Court should enter the Mandate in
re: Zernik v Connor et al: The uncertified April 24, 2009 Judgment in Zernik V Connor et
By: ______________
JOSEPH H ZERNIK
Intervenor, In Pro Se
2231 South Court
Palo Alto, CA 94301
Telephone: (323) 521-6209
Facsimile (213) 261-9881
jz12345@earthlink.net
5/6
____________
LIST OF EXHIBITS
Motion for a Mandate in re: Zernik v Connor et al.
STATEMENT OF VERIFICATION
I, the undersigned, Joseph Zernik, read instant Intervenor’s 3: Verified Motion for a
Mandate in re: Zernik v Connor et al, and I know the content thereof to be true and
correct, it is true and correct based on my own personal knowledge, except as to those
matters therein stated as based upon information and belief, and as to those matters, I
believe them to be true and correct as well.
I make this declaration that the foregoing is true and correct under penalty of perjury
pursuant to the laws of the United States.
Executed on December 27th, 2010.
____________________
Joseph Zernik
6/6
EXHIBITS
EXHIBIT 3:1
Case 2:08-cv-01550-VAP-CW Document 1 Filed 03/05/2008 Page 1 of 23
f\L.E.D
Joseph Zernik
2 2415 Saint George St.
Los Angeles, California .
3 Tel: (310) 435 9107 1pO~ 1 t. ,f _ _ ~--.-
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To: ecfnef@cacd. uscourts . gov
Message- Id: <5481 039@cacd. uscourts . gov>
Bee: CRD Feess@cacd.uscourts.gov, CRD Nagle@cacd.uscourts.gov
SUbject~Activity in Case 2:08-cv-01550 ... GAF-MAN Joseph Zernik v Jacqueline Connor et al Complaint - (Referred)
Content-Type: text/plain'*+*NOTE TO PUBLIC ACCESS V·SERg·..... YOu may view the filed documents once without charge. To avoid later chcu:ges, download
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIJFORNIA
I
Document Number: 1
Copy the URL address from the ll.ne below into the Iocq-tion bal ot your web
browser to view the document: https: I leef ,cacd, uscourt.s, gov /,:~·i ·bin/show_c'tse_doc? 1,409918, , MAGIC f f , ]7
Docket Text:
COMPLAINT filed against DefendantsLinda Hart-Cole(her offieia] capacity as
Judge of the Superior Court of Los Angeles County, we~t Dist:r:i.ctJ. Patricia
Collins (individually), Patricia collins (his/her Officl'al capacity as Judge
of the Superior Court of Los Angeles County, West Dis ,rict), ']'erry Friedman (ind~vidually),
Terry Friedman{his/her official capacity as Judge of ,he SupeI'ior Court of
Los Angeles County, West District), Gerald Rosenberg qndivid·.lCllly), Gerald
R.osenberg (his/her official capacity as Judge of the S\lperior Court of Los
Angeles. cc;>unty, West District), Debbie Wi~t~ (indi~i~u~lly), Debb:.e Witts (in
her offl.cl.al capacity as Court Manager, Cl.vl.I Unll.ml.t~d, the EJuperior Court
of Los Angeles country, West District), Vivian JaimeCindividLJcllly), Vivian
1
2
3
4
5
6
7
8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
10
11
12 JOSEPH ZERNIK, ) No. CV 08-1550-VAP(CW)
)
13 Plaintiff, ) JUDGMENT
)
14 v. )
)
15 JACQUELINE CONNOR, et al., )
)
16 Defendants. )
)
17
18 IT IS ADJUDGED that this action is dismissed with prejudice as to
19 Plaintiff’s damages claims under federal law and without prejudice as
20 to his state law damages claims and his claims for equitable relief.
21
22 DATED: April 24, 2009
23
24
VIRGINIA A. PHILLIPS
25 United States District Judge
26
27
28
1
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Bee: djp@paslaw.com , jenna.moldawsky@bryancave.com • ikdicarlo@cmda-law.com , nef@cacd.circ9.dcn
, jwp@paslaw.com, mwachtell@buchalter.com, sovertOI\@cmda-law.com, crdyhillips@cacd.uscourts.gov, crd_phillips@cacd uscourts .gov_sumry, crd_....
Joseph zemik
2415 Saint George Street
Los Angeles CA 90027
US
Subject:Activity in Case 2:08-cv-01550-VAP-CW Josep,h zernik v. J'a,cqueline Connor e~ a~ t1ud9~eJ?t
Content-Type: text/pl.:\in*,uNOTE TO PUBLIC ACCESS U!:!ERSl·*'~ The:::-·a is no charge for vl-ew~n9 op~n~ons.
UN'ITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
Piler:
WARNING; CASE CLOSED on 04/2412009
Document Number: 107 https : I leef. cacd uscourts. gov/doCl!0310'J91 73S7?magic_num=M.llGIC&de_se'!-num=394 &caseid=409918
, I
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Docket Text:
JUDGMENT by Judge Virginia A. Phillips: IT IS ADJUD:GED that th:.s -action is
dismissed with prejudice as to Plaintiffs damages claims under federal law
and without prejudice as t.o his state law damages claims and his claims for
equitable relief. (MD JS-6, Case Terminated) _ (pc 1'>
2:0B-cv-1550 Notice has been electronically mailed to:
John W Patton jwp@paslaw.com
David J Pasternak cljp@paslaw.com
Michael L wachtel) mwachtell@buchalter.com
Sarah L Overton soverton@cmda-law.com
Jenna Moldawsky jenna.moldawsky@bryancave.com
Kathryn E DiCarlo kdicarlo@cmda-law.com
1 of 1 12/29/20094:07 PM
EXHIBIT 3:4
.
.
.
Complaint was filed on March 5, 2008 against some 10 judges of the Superior Court of California, County
of Los Angeles, pursuant to Deprivation of Rights under the Color of Law - 42 USC §1983. It was
further alleged that conduct of such judges and others, in collusion with Countrywide and Bank of
America Corporation amounted to Racketeering Influenced and Corrupt Organization (RICO) pursuant
to 18 USC § 1961–1968.
Access to NEFs (Notices of Electronic Filing) was permitted only on Dec 29, 2009.
EDS - 'Electronic Doucment Stamp' as required by General Order 08-02 for a valid NEF.
Dkt # of the NEF Filer EDS Parties & Counsel Notes
. . listed as recipients of
Listed Found NEF by email
[Y/N]
[Y/N]
[Y/N] [Y/N]
Notes:
1. On December 29, 2009, upon appearance in person at the Office of the Clerk, Records Department,
request was filed for access to 24 out of over 100 records in Zernik v Connor et al.
2. On December 29, 2009, upon appearance in person at the Office of the Clerk, Records Department,
Records Supervisor Dawn Bullock provided printouts for 24 out of 24 NEFs, which were requested
on that date.
3. None of the NEFs for 16 Judicial and clerical records contained the 'electronic document stamp' (EDS).
4. NEFs for the following critical records included no Electronic Document Stamp (EDS):
a. Issuance of Summonses
Page 5/5
jZ/Z
w~p!t£e
I
Dr Z
Joseph Zernik. DMD, PhD
-" ).~
Ol"I""s1~~byjg;;f,phHlH'l1/k
ON:mooJoJJllhtiZen.:;oOi,tl.i,l.
",,;otl"jz}2~'sf-elWlt-Mnk.n~I.".US
TO Terry Nafisi, Clerk of the Court, US Court, Central District of <California, Los Angeles
By hand delivery to Deputy-Clerk, at the public access department bf the court.
RE: (1) Zernik v Connor' (2:08·ev-01550), (2) Fine v Sheriff (2,19-ev.01914), (3) In re: Fine 2:09-
mc-0012I~, (4) US v City of LA et al (2:00-cv-1l7'69) reqllleststo laccess court records
Please accept this note as a kindly request to access court n~cords, tb inspect and to copy, pursuant to
Nixon v )¥am_~r Comrr!unications, Inc (1978). I
1) Request is to access the PAPER COURT I"ILES in the cases referenced above, to inspect and
to copy. I
2) Request is to access the ELECTRONIC COURT F'ILES ,n CM/ECF, to inspect and to copy
the NEFs.
3) In case no access is provided to the paper court file" under qlaim of shredding, request is for
access to respective SHREDDING RECORDS.
4) In case no access is provided to electronic court files in CM/ECF, request is for TRUE and
CORRECT COPIES OF NEFs ONJLY (two exceptions, 41early marked) of the following
records (no need for the records themselves):
Dkt # L0 -- reassignment
Dkt #L4 _.. minutes
Dkt #27 -- miJutes
I
Dkt # 15 .- ord~r
d. US v City of LA et al (2:00-cv··l1769)
Dkt #01 - complaint
Dkt #? '- SUMMONS - BOTH RECORD & NEF
Dkt #07 - minutes
Dkt #25 - minutes
Dkt #38 - mi6utes
Dkt #52 - order,
Dkt #122 - or~er
Dkt #123 - consent decree
Page 3/3 December 29, 2009
5) If possible, written responses are requested, with reasonablel explanations, in any case(s) where
access was denied, if any.
6) Please liet me know the total sum required in pay, so that I may provide the payment on the spot.
Respectfully,
By:)i7k~L I
JOSEPH H ZERNIK
I I
POBox 52,6. La Verne, CA 91750
!
Fax: 80 I 9980917
Email <jZI~345@earthlink.net>
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SUbject~Activity in Case 2:08-cv-01550 ... GAF-MAN Joseph Zernik v Jacqueline Connor et al Complaint - (Referred)
Content-Type: text/plain'*+*NOTE TO PUBLIC ACCESS V·SERg·..... YOu may view the filed documents once without charge. To avoid later chcu:ges, download
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIJFORNIA
I
Document Number: 1
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Docket Text:
COMPLAINT filed against DefendantsLinda Hart-Cole(her offieia] capacity as
Judge of the Superior Court of Los Angeles County, we~t Dist:r:i.ctJ. Patricia
Collins (individually), Patricia collins (his/her Officl'al capacity as Judge
of the Superior Court of Los Angeles County, West Dis ,rict), ']'erry Friedman (ind~vidually),
Terry Friedman{his/her official capacity as Judge of ,he SupeI'ior Court of
Los Angeles County, West District), Gerald Rosenberg qndivid·.lCllly), Gerald
R.osenberg (his/her official capacity as Judge of the S\lperior Court of Los
Angeles. cc;>unty, West District), Debbie Wi~t~ (indi~i~u~lly), Debb:.e Witts (in
her offl.cl.al capacity as Court Manager, Cl.vl.I Unll.ml.t~d, the EJuperior Court
of Los Angeles country, West District), Vivian JaimeCindividLJcllly), Vivian
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Subject7Activity in Case 2:0S-cv-01550-GAF-MAN Joseph Izernik v. Jacqueline Connor et al Summons Issued
Content-Type: text/plain***NOTE TO PUBLIC ACCESS USERS·"''''' YO\.I may view the filed documents once without charge. To avoid lat_er charges, download
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALI!FORNIA
Filer:
Documen t Number:
No document at tached
Docket Text:
20 DAY Summons Issued re Complaint - (Referred [lJ as to Detendants Linda
Hart-Cole (her official capacity as Judge of the Superior Court of Los Angeles
County, west District), Patrie ia Collins (indi vidually), Pat.ricia Collins (hi s/her
official capacity as Judge of the Superior Court of Los Angeles County, West.
Dist.rict), Terry Friedman (individually) , Terry Friedman(his/her official
capacity as Judge of t.he Superior Court Of Los Angeles. county, West District),
Gerald Rosenberg (individually), Gerald Rosenberg (his/h;er offi.cial capacit.y
as Judge of the Superior Court of Los Angeles County, West District), Debbie
Witts(individually), Debbie Witts(in her official capacity a!i Court Manager,
Civil Unlimited, the Superior Court of Los Angeles Country, West District),
Vivian Jaime (individually) , Vivian Jaill;le(in her official capacity as Courtroom
Clerk, Department I, the Superior COurt of Los Angeles Countr.y, Kest District),
Gregory 0 I Brien (Retired Judge, individually), Gregory 10 I Brien {Retir.ed
Judge in his capacity as proposed Referre), ADR ServiCjes, Inc. (as a corpora.tion),
ADR Services, Inc. (and its capacity as neutral providEir that employed Retired
O'Brien), David Pasternak (individually) , David Pasternak(in his official
capacity as Receiver in Samaan v Zernik (SC0874QO». kgelo Mozilo(individually),
Angelo Mozilo(in their capacities as Officers of Counbrywide Financial Corporation),
Sandor Samuels (individually), Sandor Samuels (in their ,capacities as Officers
of Countrywide Financial Corporation), Countrywide Ho~e Loans, Inc .• Mara
Escrow Company, DOE, Jacqueline Connor (individually) , IJacqueline Connor(her
official capacity as Judge of the Superior Court of Lds Angeles County, West
District), Allan Goodman (individually), Allan Goodman (his official capacity
as Judge of the Superior Court of Los Angeles County, West Dj.strict), JOM
Segal (individually), John Segal (his official capacity las Judue of the Superior
Court of Los Angeles County, West District), Linda Ha:ut-Cole(individually).
let)
2: 08-cv-1550 Notice has been electronically mailed to:
I of 1 12/29/20093:58 PM
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Joseph Zernik
2415 Saint George Street
Los Angeles CA 90027
US
Subject:Activity in Case 2:08-cv-01SSO-GAF-MAN Joseph 'Ze:rnik v. Jacqueline Connor et al Notice of Reference to a U S Magistt'ate Judge (CV-2S)
Content-Type: text/plain***NOTE TO PUBLIC ACCESS USERS·** You may view the filed documents once without charge. To avoid later charges, download
UNITED STATES DISTRICT COURT, CENTRAL DISTRICf OF CALIFORNIA
Filer;
Documen t Number: 4
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browser to view the document: 4
Docket Text:
NOTICE: OF REFERENCE to United States Magistrate Judge ,Macgaret A. Nagle.
(et)
2:08-cv-1550 Notice has been electronically mailed to:
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SUbject~Activity in Case 2:08-cv-01550-GAF-MAN Joseph ze:rnik v. Jacqueline Connor et al Ex Parte Application for Temporary Restraining Order
Content-Type: text/plain***NOTE TO PUBLIC ACCESS USERS*** You may view the filed documents once without charge To avoid later charges, download
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
Document Number: 5
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browser to view the document: bttps; / leet . cacd. uscourts . gov/cgi -bin/show_case_doC?5, 409'918, •MAGIC, 148
I
Docket Text:
VERIFIED EX PARTE APPLICATION for Temporary Restraining Order AND for Order
to Show Cause and EXHIBITS filed by Plaintiff Joseph Zernik. Lodged Proposed
Order. (et)
2: Og-cv-1550 Notice has been electronically mailed to:
[STAMP cacdStamp _IO=1020290914 (Oate=3/7/200BJ [FileN\.lmber=54 81184 -OJ [bd2C7fc08a55aec j6 744e340e504 940ad544dbe564 733fb329'783a664 64el 792c9d22aa 7bd
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Bee caseasgn courtdocs@cacd USCourts. gov, nef@cacd.circ9.den , nef@cacd.circ9 den crd letts@cacd uscourts .gov
Joseph Zernik
2415 Saint George Street
Los Angeles CA 90027
US
SUbject:Activity in Case 2:08-cv-01550-VAP-MAN Joseph Zer.nik v. Jacqueline Connor et a1 224 Returning Case for Reassignment w/i division (CV 89)
Content-Type: text/plain .... "'*NOTE TO PUBLIC ACCESS USERS*** You may view the filed documents once without charge. To avoid later charges, download
The following transaction was entered on 3/7/2008 10:,41 AM PST and filed
on 3/7/2008
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Document Number: 9
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Docket Text:
ORDER RETURNING C.A.SE FOR REASSIGNMENT by Judge J Spence:r Letts ORDER case
returned to the Clerk for random reassignment pursuant to General Order 07-02.
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Docket Text:
ORDER RETURNING CASE FOR REASSIGNMENT UPON RECUSAL by Magistrate Judge Margaret
A. Nagle. ORDER case returned to the Clerk for random reass ignment General
Order 05-07 Referral pursuant to General Order 05-07 a.nd Gen~~ral Order 07-02.
Case randomly reassigned from Judge Margaret A. Nagle· to Judge Carla Woehrle
for all further proceedings The case number will now rl~flect the initials
of the transferee Judge CV OB-1550 VAP (CW). (rn)
2: 08~cv-1550 Notice has been electronically mailed to:
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Bee: nef@cacd.cire9.den
Joseph zernik
2415 Saint George Street
Los Angeles CA. 90027
US
Subject :Activity 1.n Case 2 08-cv-01550-VAP-CW Joseph Zern~k v Jacquellne Connor et al IMJ.nutes of In Chambers Order!D:Lrect:Lve - nc praceecl.ng hel
Content-Type: text/plaln···NOTE TO PUBLIC ACCESS USERS·** YOu may view the fl.led documents once wl.thout cha.rge To avol.d later charges, download
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALEFORNIA
Documen t Number: 14
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Docket Text:
MINUTES OF IN CHAMBERS ORDER held before Judge virgini:a A. Phillips DENYING
plaintiff's EX PARTE APPLICATION for Temporary RestrailllL19 Order and
EX PARTE APPLICATION for Order to Show Cause [5]. (mrgo)
2:0B-cv-1550 Notice has been electronically mailed,to:
John W Patton jwp@paslaw.com
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Docket Text:
MINUTES OF IN CHAMBERS ORDER held before Judge Carla W.oeilrle : Plaintiff
is responsible for complying with the requirements of IRule 4 of the Federal
Rules of Ci vi 1 Procedures. A copy of Fed, R. Ci v. P. RUI.e 4. is attached and
plaintiff is advised to study it carefully. ··SEE 'ORD,ER FOR FURTHER DETAILS··
Idt)
2: 08-cv-1SSO Notice has been electronically mailed to:
John W Patton jwp@paslaw,com
Michael L Wachtell mwachtel!@buchalter com
Sarah L Overton soverton@cmda-law.com
1 of 1 12/29/20094:02 PM
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Bee; nef@cacd.circ9 . den
Joseph Zernik
2415 Saint George Street
Los Angeles CA 90027
US
Subject :Activity in Case 2: 08-cv- 01550-VAP-CW Joseph Zernik v. Jacqueline Connor et al IMinutes of In Chambers Order/Directive - TIC proceeciing hel
~~~~~t;~~~~ ~~~~i~;i~~~~~T~E:~B~i~T~~~~S~FU~~i~;Ni~u
may view the filed docum~ts once without cha!'ge. '1'0 avoid later charges, download
Filer:
Document Number: 27
Copy the URL address from the line below into the loca,tion bar of your Web
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Docket Text: :
MINUTES OF IN CHAMBERS ORDER held before Judge Carla W;oehr1e Plaintiff
is responsible for complying with the requirements lof 'Rule 4 of the Federal
Rules of Civil Procedures A copy of Fed.R. Civ. P. Rulc~ 4 is attached and
plaintiff is advised to study it carefully _ ··SEE ORDER FOR F'JR.THER DETAILS·'"
(dt)
2:08-cv-1550 Notice has been electronically mailed ,to;
John W Patton jwp@pas1aw.com
Michael L wachtell mwachtell@buchalter com
Sarah L Overton soverton@cmda-law.com
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Bee: nef@cacd.circ9.dcn
Joseph Zernik
2415 Saint George Street
Los Angeles CA 90027
US
Subject;Activity ~n Case 2.0S-cv-01550-VAP-CW Joseph Zernlk v JacquelJ.ne CannOl: et al Mlnutes of In Chambe:rs Order/DLrectl.Ve - no proceedl0g hel
Content-Type: text/plaln***NOTE TO PUBLIC ACCESS USERS*** You may Vlew the flIed docum~nts once wlthout char.ge To avol.d later charges, dC\offiload
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
Filer:
Document Number: 33
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Docket Tex t :
MINUTES OF IN CHAMBERS ORDER held before Judge Carla Woehrle re: Amendment
(Motion related) [lS), Final MOTION to Dismiss Case 'and' P~~oposed O-rder[13] ,
MOTION to Dismiss Case (19], MOTION to Dismiss Case (23), MOTION to Dismiss
Complaint Joinder[16]. All of these noticed hearings an: ORDERED
OFF CALENDAR. That is, there will be no proceedings in court on any of these
dates. Plaintiff may serve and file his opposition, or notice of non-opposition,
to the motions to dismiss on or before May 9, 2008.' Defendant.' 5 :~eply
if any, shall be nerved and filed on or before May '23, 2U08. ~{"he motions
will then be taken under submission and a decision will issue ~IB soon as
possible. The following are DENIED AS MOOT: plaint'iff's motion fDr
continuance DO] I and ex parte request to continue. ""SEE ORDER I?OR FURTHER
DETAILS·· (dt)
2: 08-cv-lSSO Notice has been electronically mailed 'to:
John W Pat.ton jwp@paslaw.com
Michael L wachtell mwachtell@buchalter com
Sarah L Overton soverton@cmda-Iaw.com
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Document Number: 43
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Docket Text:
ISTAMP cacdStamp__ID=l 0 2 0 290914 [Date=4/21 /2 008] IFi leNumber=5 "'18" 54 - 0] (6b81d3ge3bO f 21 fbf790504b91 Ocebb5e77e63 989 711 f c2 3~26 0 0 Od56 Oab1 f 7 5cl)ca513 f
1 of I 12/2912009 4:03 PM
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Document Number: 57
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Docket Text:
MINUTES OF IN CHAMBERS ORDER held before Judge Carla Woehrle Plaintiff
is ORDERED not to file anything further until a report and rec':muTiendation
or other order has been issued on the motions to dismiss oetenda.nts are
ORDERED to file only their replies to plaintiff's opposition, DENYING
REQUEST for Hearing Order to Show Cause Re: Contempt (55}" DEKYING REQUEST
for Ruling Evidentiary Ruling on Docket #20 filed by Deff~ndaIlt3 [56] I and
DENYING REQUEST for Order for The Honorable Judges car~a Woehr le ,;\nd virginia
Phillips to file statements on the record regarding reQationshlps, if any,
with parties listed on plaintiffs certificate of parties [50). All matters
other than the pending motions to dismiss are STAYED unt:.l tho:,e motions
can be resolved. ·....SEF.: ORDER FOR FURTHER DETAILS** I (dt)
2: 08-cv-1550 Notice ha.s been electronically mailed 'to;
,John W Patton jwp@paslaw.com
Michael L Wachtell mwachtell@buchalter com
Sarah L Overton soverton@cmda-law.com
1 of 1 12/29/20094:03 PM
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To: ecfnef@cacd.uscQur'ts.gov
Message- Id: <5902719@cacd.uscourts.gov>
Bec: CRD_ Phillips@cacd.. uscourts. gOY I eRD_ Woehrle@cacd.uscourtB.go,,". Tina_ Naghshineh@<:acd.uscourts.gov / jwp@paslaw.com, m·....achtell@bu.cnalter.com, so
Subject:Activity in Case 2:08-cv-01550-VAP-CW Joseph Zernik 'I. Ja.cqueline Connor et al Reply (Motion related)
Content-Type: text/plain***NOTE TO PUBLIC ACCESS USERS*** You ma~.. view the filed documE1nts once without charge To avoid later cha.rges l download
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
Case Number: 2: 08-cv-1550 https:/ lecf . cacd. uscourt~. gov/cgi-bin/r:'ktRpt. pl?4 09918
Documen t Number: 59
Copy the URL address from the line below into the location bar of your Web
browser to view the document; https: /1 ecf . cacd. uscourts. 90v/cgi-bin/show_case._doc?59 1409918, ,MAGIC, , ,221
Docket Text:
REPLY support of motion MOTION to Dismiss Case (19] filed by Defendants Patricia
Collins, Terry Friedman, Gerald Rosenberg, Debbie Witts, Vivian Jaime, Gregory
(Overton, Sarah)
soverton@cmda-law.com
(STAMP cacdStamp _.I0:J. 02 0 290914 [Date=S/2 2/2008] I F·i le~umber;;:S~l 02 718- 0] [4d02df 1 fde35 f5A '7919 Se5 3a6 00 36 7e8ae4e89 331d2a34 d 77988 f 8 35b2a 6b6 eca 73 5eae:t
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To: ecfnef<icacd. uscourts. gOY
Message- Id: <5945940@cacd.uscourts .gov>
Bee :CRD_Phillips@cacd.u5courts.gov, CRD_Woehrle@cacd uscQurts .gov, Tl.na_Naghsh1neh8cacd. uscourts gOY, )\f.'Pl8paslaw corr, m',,'achtell@buchalter com, so
Subject:Activity in Case 2:0B-cv~01550-VAP-CW Joseph Zernl.k v Jacquell.ne Connor et al IAmended Complaint
Content-Type: text/plain'*··NOTE TO PUBLIC ACCESS USERS··· Judicial Conference of the United States policy pE~rmits attorneys of record and parties
UNITBD STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
Document Number: 62
copy the URL address from the line below into the location bar of your web
browser to view the document: Document: https: / leef . cacd. USCOUt"tB. gov/doC1/03106003296?magic_num=MAGIC&de_se<Lnum=22B&caseid""409913
DOcket Text:
First AMENDED COMPLAINT against Defendants Joseph Zernik amending Complaint
- (Referred), Complaint - (Referred), Complaint - (Referred), ,:omplaint
(Referred) I Complaint - (Referred), Complaint - (R~fer;red) I Compla.int - (Refer.red),
Complaint - (Referred), Complaint - (Referred) [1} I filed by plaintiff Joseph
Zernik (Attachments: ij (1) Part 2) (dt) I
2: OB-cv-1550 Notice has been electronically mailed :to:
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Filer:
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browser to view the document; 63
Docket Text:
MINUTES OF IN CHAMBERS ORDER held before Magistrate; Judge CarLi Woehrle:
re: FINDING AS MOOT- EX PARTE APPLICATION for Reconsideration [til], Final
MOTION to Dismiss Case and proposed Order[13} , REQUEST for Rul.ing
Evidentiary Ruling on Docket #20 filed by Defendants {56], MOTION ':0 Dismiss
Case(19], MOTION to Dismiss Case[231, MOTION to Dismiss Compla:lnt Joinder[161and
DENYING EX PARTE APPLICATION to Seal [49], ··SEE ORDER FOR FUR'.:'HER DETAILS·"
(dt)
2: 08-cv-1550 Notice has been electronically mailed 'to:
John W patton jwp@paslaw.com I
1 of 1 12/29/2009 4:04 PM
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SUbject~Activity in Case 2:0S-cv-01550-VAP-CW Joseph Zernik v. Jacqueline Connor et a1 :Motlon to DlsmJ.SS Case
Content-Type: text/plain***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits attorneys of record and parties
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFO.RNIA
Document Number: 68
Copy the URL address from the line below into the location bar of your web
browser to view the document: Document: https: / /ee~. cacd., uscourts gOY /doc1/03106104522?tnagic_num=MAGIC&de_sE.'(J_num=280&c';;tseid=4 09919
Docket Text:
NOTICE OF MOTION AND MOTION to Dismiss Case for plaintiff's fi.n~t
amended complaint filed by defendant Patricia Collins (individually) I
Terry F"riedman (indi vidually), Gerald Rosenberg (indi<viduaJ.ly), Deb:Jie wi tts (indi vidually~ '
Vivian Jaime(individually). Gregory O'Brien(Retired Ju~gE~. indiVidually) I
Jacqueline Connor (individually) I Allan Goodman (individually) I Il'ohn Segal (individually) I
Linda Hart-Cole (individually) . Motion set for hearing on 7/22/;lOO:j at 10:00
AM before Magistrate Judge Carla Woehrle. (Attachm,ents: U. (1) Proposed Order) (Overton,
Sarah) I
2:0B-cv-1550 Notice has been electronically mailed to:
Kathryn E DiCarlo kdicarlo@cmda-law.com
[STAMP cacdS tamp_ 10= 102 02 9 0914 (Date=6 / 19 / 2 00 8) (Fi leNumber:=G 0 3 7193 - OJ [c36geaa 790c12 2.qa1df92 f 6 6 81 '7484 4a '72 9dl03ele84a6a,j707 Oa56c22 5cf 8b7cb52 2b25
1 of 1 12/29/2009 4:04 PM
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MIME-Version: 1. 0
From: cacd_ ecfmail@cacd.uscourts.gov
To: ecfnef@cacd.uscourts . gOY
Meggage- Id: <603726S@cacd.uscourts .gov>
Bee: CRD_Phillips@cacd.uscourts.gov, CRD_Woehrle@cacd.uscourts.go". Tina Naghshineh@Cacd.uscourts_gov. jwp@paslaw.com, kdicarlo@cma.a 1aw.com, mwac 4
Subject :Activity in Case 2: 08-cv-01550~VAP-CW Joseph Zernik v Jacqueline Connor et al Motion to Dismiss Case
Content-Type: text/plain··*NOTE TO PUBLIC ACCESS USERS*·* Judicial Conference of the united States policy permits attorneys of record and parties
UNITED STATES DISTRICT COURT, CENTRAL DISTRICf OF CALIFORNIA
Document Number: 69
Copy the URL address from the line below into the loci]tion bo.r of your Web
browser to view the document: Document: https: //ec~ . ca,cd. USCOIJLtS. gov /docl/03106104 596?rnagic _num=MAGIC&de_seCLnum.. 282&caseid=40991 a
Docket Text:
NOTICE OF MOTION AND ;~OTION to Dismiss Case for plaintlif:f' s t.i Lst
Motion set for hearing on 7/22/2008 at 10: 00 AM before Milgist':.ite Judge Carla
fax to:
Joseph Zern! k
ISTAMP cacdStamp_ 10=1 02 029 0914 IOate=6/19 / 200 81 [FH eNumber=6( 37264 - 0 ) 16ba1e2033b915f6c7bc591650b26eeOd4 0 f(14 4 5f 79acOc2ab6d~b5d1dl,"6a6a8eb14cc15
1 of 1 12/29/20094:05 PM
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Content-Type: text/plain"'**NOTE TO PUBLIC ACCESS USER~**1f Judicial Conference of the united States policy permits attorneys of record and parties
Case Number; 2: OS -cv-1550 https: I lecE . cacd. uscourts. gov Icgi -bi:n/DktRpt. pI ?409918
Filer:
1 of 1 12/29/20094:05 PM
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Filer:
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Docket Text:
MINUTES OF IN CHAMBERS ORDER held before Magistrate JUdgf~ car:L,~ Woehrle:Two
motions to dismis!; the First Amended Complaint filed on Ei/19/0:3. A third
motion to dismiss the First Amended Complaint was f.1lep on 6/31)/03 and noticed
for hearing on August 18, 2008. The noticed hearing i~ hereby ORDERED OFF-CALENDAR.
Plaintiff'S opposition, or notice of non-opposition, to this 1;hi;rd
motion shall be served and filed on or before 7/23/08. *~'SEE ORDER FOR FURTHER
DETAILS* * (dt)
2:0B-cv-1550 Notice has been electronically mailed to:
John W Patton jwp@paslaw.com
Michael L wachtell mwachtell@buchalter.com
Sarah L Overton soverton@cmda-law.com
Jenna Moldawsky jenna. moldawsky@bryancave com
Kathryn E DiCarlo kcticarlo@cmda-law.com
1 of 1 12/29/20094:08 PM
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MIME-version: 1,0
From:cacd ecfmail@cacd.uscourts.gov
To: ecfnef@cacd.uscourts . gOY
Message- Id: <7460021@cacd.uscourts.gov>
Bec: djp@paslaw.com , jenna.moldawsky@bryancave com 1 IkdlcarJo@cmda-law.com I nef@cacd IClrc9 den
• jwp@paslaw.com, mwachtell@buchalter. com, soverto~@ClTlda-l.aw.com, crdyhl.lllPS@cacd.u5courts gOY, crdyhillips@cacd.llsCollrtS.gov_sumry, crd_\>.
Joseph Zern ik
2415 Saint George Street
Los Angeles CA 90027
US
Subject:Activity in Case 2:08-cv-015S0-VAP-CW Joseph zernik v. Ja.cqueline Connor et al prder
Content-Type: text/plain***NOTE TO PUBLIC ACCESS USERS~*·t Judicial Conference of the un,ited States policy permits attorneys of record and parties
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALi~ORNIA
Filer:
Copy the URL address from the line below into the 1oca~ion bar. of your Web
browser to view the document: 102
Docket Text:
~~~~d~:~f~~i~~:I~I~~~~l~~~~~~~~a~~~~~~~~f.TH~l:~~t3.~i~~nW~:~~~~ to
show grounds for disqualification Accordingly the; Co(Jrt. DENIES r:he Motion
I
10f! 12129120094:05 PM
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Fi ler:
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Docket Text:
NOTICE OF FILING REPORT AND RECOMMENDATION by Magis:tra~e Judge Carla woehrle.
Objections to R&R due by 4/16/2009 (Attachments: #, (1) R&R) (dtl
2:08-cv-1550 Notice has been electronically mailed :to:
John W Patton jwp@paslaw.com
David J Pasternak djp@paslaw.com
Michael L wachtel] mwachtell@buchalter.com
Sarah L Overton soverton@cmda-law.com
Jenna Moldawsky j Emna. moidawsky@bryancave com
Kathryn E DiCarlo kdicarlo@cmda-law.com
1 of 1 12/29/20094:06 PM
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To: ecfnefBlcacd. uscourts .gov
Message- Id: <75562 51@cacd.uscourts.gov:>
Bec: djp@paslaw.com , jenna.moldawsky@bryancave.com , ~dicarlo@clTlda-law.com , nef@caCd.,t:irc9.den
, jwp@paslaw.com, mwachtell@buchalter.com, sovertorl@cmda-law.com, crdyhil1ips@cacd.uscourts.gov, crd_phillips@cacd uscourts .gov_sumry, crd_""
Joseph Zernik
2415 Saint George Street
Los Angeles CA 90027
US
Subject:Activity in Case 2.08-cv-OlSSO-VAP-CW Joseph Zenuk v Jacquellne Connor et al Report and Recommendation (Issued)
Content-Type: texc!plain .. • ..NOTE TO PUBLIC ACCESS USERSI,;.*~ Ju6~:::lal Conference of the Un~ted States policy permits attorneys of reCQrd and parties
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
Filer:
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browser to view the document: 104
Docket Text:
REPORT AND RECOMMENDATION issued by Magistrate Judge Carla Woehrle. GRANTING
MOTION to Dismiss Case for plaintiff' 5 first amended complaint: [69] ,
MOTION to Dismiss Case[7)] , MOTION to Dismiss Case for pJ.ainti.~f's
first amended complaint [681, and MOTION to Dismiss CaSt as Frivol<J1.1S
First Amended Complaint [78] Objections to R&R due by 411€/2009 (dtl
I
2: 08-cv-1550 Notic:e hC:IS been electronically mailed to:
John W Patton jwp@paslaw.com
David J Pasternak djp@paslaw.com
Michael L Wachtell lllwachtel10buchalter .com
Sarah L Overton soverton@cmda-law.com
Jenna Moldawsky jenna. moldawsky@bryancave.com
Kathryn E DiCarlo kdicarlo@cmda-law.com
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To: ecfnef@cacd. uscourts . gov
Message- Id: <764 9384@cacd. uscourts . gOY>
Bcc:CRD Phillips@Cacd.uscourts.gov, CRD Woehrle@cacd u,scourts,gov, djp@paslaw.com, jenn~.moldawsky@bryancave.com, jwp@pas.law.com, kdicarlo@cmda-l
Subject-;-Activity in Case 2;08-cv-01550-VAP-CW ,Joseph z;ernik v. Jacqueline Connor et al Notice (Other)
Content-Type: text/plain***NOTE TO PUBLIC ACCESS USERS:··'· Judicial Conference of the un:ited States policy permits attorneys of record and parties
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
Docket Text:
NOTICE of plaintiff's verified requests filed by plaintiff Joseph zernik.
(dt)
2:08-cv-1ss0 Notice has been electronically mailed to:
David J Pasternak djp@paslaw.com
1 of 1 12/29/2009 4:07 PM
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To: eCfnef@cacd.uscourts.gov
Message- Id: <767551S@cacd. uscourts. goy>
~ccj~~:;~:~~~~~~m ~w~~~~:i~~~~~~:~~:~~~~~~av:o~~~t~n~~l~~:r~~~~~~-la~r~~h~
l~~~:~~~~~C~~~~u~~~ gOY I crdyhillips@cacd. uscourts. gov_sumry,
Joseph Zernik
2415 Saint George Street
Los Angeles CA 90027
US
Subject:Activity in Case 2:08-cv-01550-VAp··CW Joseph Z,ernik v. Jacqueline Connor et al ~&R Adopting Report and Reconunendations
Content-Type: te.xt/plain"*"NOTB TO PUBLIC ACCESS USBRS:**'~ There: is no charge for viewing opinions.
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
Filer:
Document Number; 106 https: II ecf . cacd. uscourts. gov/docl/o310'N172 82?magic_ num=MAGIC&de_seq_num""391&caseid=4 :l9918
I
Copy the URL addn!ss from the line below into the l.ocatiCln bar of your Web
browser to view the document: 106
Docket Text:
ORDER ACCEPTING REPowr AND RECOMMENDATION of United Statfls Mag:,st::ate Judge
by Judge Virginia A. Phillips: IT IS ORDERED: (1) that'the Report and Reconunendat.ion
of the United States Magistrate Judge be accepted; (2) tttat Del:en:iants'
four pending motions to dismiss (docket no. [68l, fileC[l J'une 1:), 2008; docket
no. [69], filed Jule 19, 2008; docket no. [73], filled Jur.,e 30, ~W08i and
docket no. [78}, filed July 7. 2008) be granted; (3:) that the First Amended
Complaint (docket no. [62}, filed May 27, 2008) be dismissed w;'.thQut further.
leave to amend; and (4) that judgment be entered dismil?sing thts ,:lction in
its entirety, with prejudice as to Plaintiff's damages claims l.~ndr;~r
federal law and without prejudice as to Plaintiff's da'1lages clc!im~; under
state law and his claims for equitable relief. (pcl)
2; 08-cv-1550 Notice has been electronically mailed to:
John W Patton jwp@paslaw.com
David J Pasternak cljp@paslaw.com
Michael L wachtell mwachtell@buchalter.com
Sarah L Overton soverton@cmda-Iaw.com
Jeru1a Moldawsky jenna .moldawsky@bryancave.com
Kathryn E DiCarlo kdicarlo@cmda-Iaw.com
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MINE-Version: 1.0
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To: ecfnef@cacd. us courts . gOY
Message- Id: < 76 75612@cacd.uscourts.gov>
Bee: djp@paslaw.com , jenna.moldawsky@bryancave.com • ikdicarlo@cmda-law.com , nef@cacd.circ9.dcn
, jwp@paslaw.com, mwachtell@buchalter.com, sovertOI\@cmda-law.com, crdyhillips@cacd.uscourts.gov, crd_phillips@cacd uscourts .gov_sumry, crd_....
Joseph zemik
2415 Saint George Street
Los Angeles CA 90027
US
Subject:Activity in Case 2:08-cv-01550-VAP-CW Josep,h zernik v. J'a,cqueline Connor e~ a~ t1ud9~eJ?t
Content-Type: text/pl.:\in*,uNOTE TO PUBLIC ACCESS U!:!ERSl·*'~ The:::-·a is no charge for vl-ew~n9 op~n~ons.
UN'ITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
Piler:
WARNING; CASE CLOSED on 04/2412009
Document Number: 107 https : I leef. cacd uscourts. gov/doCl!0310'J91 73S7?magic_num=M.llGIC&de_se'!-num=394 &caseid=409918
, I
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Docket Text:
JUDGMENT by Judge Virginia A. Phillips: IT IS ADJUD:GED that th:.s -action is
dismissed with prejudice as to Plaintiffs damages claims under federal law
and without prejudice as t.o his state law damages claims and his claims for
equitable relief. (MD JS-6, Case Terminated) _ (pc 1'>
2:0B-cv-1550 Notice has been electronically mailed to:
John W Patton jwp@paslaw.com
David J Pasternak cljp@paslaw.com
Michael L wachtel) mwachtell@buchalter.com
Sarah L Overton soverton@cmda-law.com
Jenna Moldawsky jenna.moldawsky@bryancave.com
Kathryn E DiCarlo kdicarlo@cmda-law.com
1 of 1 12/29/20094:07 PM
____________
CERTIFICATE OF SERVICE
I, the undersigned Joseph Zernik, served the documents described as: 3: Verified Motion
for a Mandate in re: Zernik v Connor et al on parties in this action by a) emailing, and
b) by mailing a true copy thereof, which was enclosed in a sealed envelope, with postage
fully prepaid, addressed as follows:
I certify and declare, under penalty of perjury under the laws of the United
States of America and the State of California, that the foregoing is true and
correct.
By: ______________
JOSEPH ZERNIK
Intervenor, In Pro Se
2231 South Court
Palo Alto, CA 94301
Telephone: (323) 521-6209
Facsimile (213) 261-9881
jz12345@earthlink.net
Case Nos 10-56634 and 10-56813 TOC
Plaintiff-Appellee/Cross Appellant,
vs
Defendants-Appellants/Cross Appellees.
___________
TO THE COURT AND TO PARTIES: Intervenor Joseph Zernik (“Zernik”) herein files
his Motion for an Order to Show Cause on USA and Log Cabin Republicans in re: Log
Cabin Republicans v USA et al (2:04-Cv-08425) and the uncertified October 12, 2010
Judgment: Why instant Appeals should not be dismissed for lack of jurisdiction and/or
mootness.
motion.
1: Request for Leave to File, Notice to Reliably Inform the Court, and Motion to
Intervene;
3: Motion for Declaratory Mandate: The uncertified April 24, 2009 Judgment in
Zernik v Connor et al was, is, and always will be void, not voidable.
4: Motion for an Order to Show Cause on Log Cabin Republicans and the USA in
re: Log Cabin Republicans v USA et al and the uncertified October 12, 2010
Judgment - Why instant Appeals should not be dismissed for lack of jurisdiction
and/or mootness;
2/9
3: MOTION FOR AN ORDER TO SHOW CAUSE IN RE: LOG CABIN REPUBLICANS V USA ET AL
5: Motion for a Declaratory Mandate: The NEFs are court records subject to the
6: Motion for Declaratory Mandate: The NEFs are invalid as electronic certificates
Rights;
from which the Appeals were taken were excluded from the PACER docket of
Pursuant to General Order 08-02, II. (O) of the District Court, the NEFs today serve
as the authentication records of the District Court (See also 5: Motion for Mandate: The
However, all records in the PACER docket of Log Cabin Republicans v USA et al,
including but not limited to the uncertified October 12, 2010 Judgment and Permanent
judicial and clerical records in the case, from which the Appeals were taken,
3/9
3: MOTION FOR AN ORDER TO SHOW CAUSE IN RE: LOG CABIN REPUBLICANS V USA ET AL
Conditions were created, where the public cannot distinguish whether the judicial
and/or clerical records in the PACER docket of Log Cabin Republicans v USA et al,
including, but not limited to, the uncertified October 12, 2010 Judgment and Permanent
Injunction, are valid and effectual, or null and void. Therefore, such clerical and/or
judicial records should be deemed vague and ambiguous and/or null and void.
4. Alternatively, the PACER docket of the case holds, even absent the NEFs,
sufficient evidence for the Court to conclude that the judicial records in the
District Court’s case, including, but not limited to, the uncertified October 12,
2010 Judgment and Permanent Injunction, are vague and ambiguous and/or
The following are some of the deficiencies noted in the PACER docket of the
litigation:
a) No record is available in the docket of the initial Complaint (Dkt #001), or of the
All writs and process issuing from a court of the United States shall be under the
seal of the court and signed by the clerk thereof.
The FRCivP, Rule 79: Records Kept by the Clerk (a)(1) and (a)(2), states:
4/9
3: MOTION FOR AN ORDER TO SHOW CAUSE IN RE: LOG CABIN REPUBLICANS V USA ET AL
Therefore, it is claimed that the litigation was commenced out of compliance
with US law, and its docket, as published online in PACER is out of compliance
required by US law.
execute service of summons within the time prescribed by law, out of compliance
with US law.
Therefore, it is claimed that the two Judges, who appeared as Presiding Judges in
d) The two Judges issued two opposing judgments: The first judgment, issued on
March 21, 2006 by Judge George Schiavelli, was in favor of the United States of
America, and dismissed the Log Cabin Republicans’ complaint. It was listed as
entered in the Judgment Index of the US District Court, and consequently the case
5/9
3: MOTION FOR AN ORDER TO SHOW CAUSE IN RE: LOG CABIN REPUBLICANS V USA ET AL
The second judgment, issued over four years later, on October 12, 2010, by
Judge Virginia Phillips was in favor of the Log Cabin Republicas. The October
12, 2010 Judgment was not listed as entered in the Judgment Index of the Court.
e) The Clerk of the US District Court refuses to certify the docket of the case.
Therefore, all judicial and clerical records in the online PACER docket of Log Cabin
5. Evidence from the cases incorporated by reference, shows that in other PACER
dockets in the US District Court judicial and clerical records were published,
Two other cases at the US District Court, Central District of California, were
for Mandate in re: Zernik v Connor et al and Exhibits 3:1,2,3,4) and Fine v Sheriff et al
In both cases, the evidence shows that judicial records, including but not limited to
judgments, were listed as ‘entered’ in the respective online PACER dockets, while only
In both cases, the Clerk of the US District Court refuses to certify the PACER
dockets.
6/9
3: MOTION FOR AN ORDER TO SHOW CAUSE IN RE: LOG CABIN REPUBLICANS V USA ET AL
6. Parties in the Appeals in Log Cabin Republicans v USA et al failed to respond on
request to produce copies of the certificate of the October 12, 2010 Judgment.
In view of the facts stated in paragraphs 1-5, above, requests were forwarded on
December 6, 2010, to parties in the Appeals (Exhibit 4:2) to provide copies of the
certificates - the NEFs - of the two contradictory Judgments in Log Cabin Republicans v
USA et al.
7. The Clerk of the US District Court also failed to respond on request to provide
copies of the certificates - the NEFs - in Log Cabin Republicans v USA et al, and
In view of the facts stated in paragraphs 1-6, above, requests were forwarded on
December 9, 2010, to the Clerk of the US District Court (Exhibit 4:3) to provide copies
of the certificates – the NEFs - of the two contradictory Judgments in Log Cabin
Republicans v USA et al and also to certify the online PACER docket in the case.
No response on the matter has been received from the Clerk of the Court.
8. The evidence should lead the Court to rule that both the uncertified March 21,
2006 and the uncertified October 12, 2010 Judgments are vague and ambiguous
In view of the facts outlined in paragraphs 1-7, above, both the uncertified March 21,
2006 Judgment (Dkt #024) and the uncertified October 12, 2010 Judgment (Dkt #252)
should be deemed vague and ambiguous and/or null and void judicial records.
Judgment.
7/9
3: MOTION FOR AN ORDER TO SHOW CAUSE IN RE: LOG CABIN REPUBLICANS V USA ET AL
Conditions were created, where a docket was opened at the US Court of Appeals for
Appeals from an uncertified Judgment, which is vague and ambiguous and/or null and
void.
Under the circumstances, it is likely that the US Court of Appeals has no jurisdiction
enter an Order to Show Cause on both Log Cabin Republicans and the USA in
re: The uncertified October 12, 2010 Judgment - Why the Appeals, now pending,
For the reasons listed in paragraphs 1-9, above, the Court should enter the Order to
Show Cause on both Log Cabin Republicans and the USA in re: The uncertified October
12, 2010 Judgment - Why the Appeals, now pending before the court, should not be
By: ______________
JOSEPH H ZERNIK
Intervenor, In Pro Se
2231 South Court
Palo Alto, CA 94301
Telephone: (323) 521-6209
Facsimile (213) 261-9881
jz12345@earthlink.net
____________
LIST OF EXHIBITS
8/9
3: MOTION FOR AN ORDER TO SHOW CAUSE IN RE: LOG CABIN REPUBLICANS V USA ET AL
Order 08-02 for valid electronic certificate of authentication/attestation;
b) The June 29, 2009 Judgment (Dkt #31). Upon inspection on December 29, 2009,
the respective NEF, was discovered to be missing the ‘electronic document
stamp’.
c) The February 18, 2010 Mandate (Dkt #59) as docketed in the US District Court –
with no certification by a Circuit Judge and with no NDA (Notice of Docket
Activity) from the US Court of Appeals, and the respective NEF, bearing no
‘electronic document stamp’.
Exhibit 4:2 - Log Cabin Republicans v USA et al (2:04-cv-08425):
December 6, 2010, request upon counsel of parties in the Appeals to provide copies
of the NEFs in Log Cabin Republicans v USA et al in the US District Court, and
confirmation of receipt by counsel for the USA.
Exhibit 4:3 - Log Cabin Republicans v USA et al (2:04-cv-08425):
December 9, 2010, request upon Clerk of the US District Court Terry Nafisi to
provide copies of the NEFs and certify the PACER docket.
____________
STATEMENT OF VERIFICATION
I, the undersigned, Joseph Zernik, read instant Intervenor’s 4: Verified Motion for an
Order to Show Cause in re: Log Cabin Republicans v USA et al, and I know the
content thereof to be true and correct, it is true and correct based on my own personal
knowledge, except as to those matters therein stated as based upon information and
belief, and as to those matters, I believe them to be true and correct as well.
I make this declaration that the foregoing is true and correct under penalty of perjury
pursuant to the laws of the United States.
Executed on December 27th, 2010.
____________________
Joseph Zernik
9/9
3: MOTION FOR AN ORDER TO SHOW CAUSE IN RE: LOG CABIN REPUBLICANS V USA ET AL
EXHIBITS
EXHIBIT 4:1
Mar 19 2009 11:5?AM
Case 2:09-cv-01914-JFW-CW
;... .j
n~D NAFTALIN
Document 1 612}'~24343,O
Filed 03/20/2009 I?1/ of6c50/ AJltb---'
Page
'_. ....f
~;
I?{Ckf/ft:.b I .- Pr tv £.
NAMIl
". o . AMENDED
J'ETITION FO¥< WRrl Of iimAS CORPVS BY _-\ PERSON IN ST A.TE CUSTODY (28 V.S.C t 11~)
Page 1 of 10
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
The following transaction was entered on 3/24/2009 at 8:32 AM PDT and filed on 3/19/2009
Case Name: Richard l. Fine v. Sheriff of Los Angeles County
Document Number: 1
Docket Text:
PETITION for Writ of Habeas Corpus by a Person In State Custody (28:2254) Case
assigned to Judge Dean D. Pregerson and referred to Magistrate Judge Carla
Woehrle. (Filing fee $ 5: FEE PAID.), filed by petitioner Richard I. Fine.
(Attachments: # (1) Part 1 of Petitioner, # (2) Part 2 of Petitioner, # (3) Part 3 of
Petitioner)(ghap)
2:09-cv-1914 Notice has been delivered by First Class U. S. Mail or by fax to: :
Richard 1. Fine
BK# 1824367
Twin Towers Correctional Facility
450 Bauchet Street
Los Angeles, CA 90012
1
2
3
4
5
6 JS-6
7
8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
10
11
12 RICHARD I. FINE, ) No. CV 09-1914-JFW(CW)
)
13 Petitioner, ) JUDGMENT
)
14 v. )
)
15 SHERIFF LEROY D. BACA, et al.,)
)
16 Respondents. )
)
17
18 IT IS ADJUDGED that the petition for writ of habeas corpus is
19 denied and the action dismissed with prejudice.
20
21 DATED: June 29, 2009
22
23
JOHN F. WALTER
24 United States District Judge
25
26
27
28
1
Case 2:09-cv-01914-JFW-CW Document 59 Filed 02/18/10 Page 1 of 4
Petitioner - Appellant,
D.C. No. 2:09-cv-01914-JFW-CW
v. U.S. District Court for Central
California, Los Angeles
SHERIFF OF LOS ANGELES RECEIVED
, ClEJ"~ U.S. DISTRICT COllRT
COUNTY; et aI., MANDATE
..
Respondents - Appellees. FEB 182010
~~TRAL OIST'J~ CAUFOR~rA
'. D~PI)TY
The judgment of this Court, entered December 16,2009, takes effect this
date.
This constitutes the formal mandate of this Court issued pursuant to Rule
Molly C. Dwyer
Clerk of Court
FILED
NOT FOR PUBLICATION DEC 162009
v.
MEMORANDUM·
SHERIFF OF LOS ANGELES COUNTY;
et aI.,
Respondents - Appellees.
Richard Fine appeals from the district court's denial of his petition for
The district court correctly concluded that Los Angeles Superior Court
Judge Yaffe's refusal to recuse himself from Fine's contempt proceedings was not
also Jones v. Ryan, 583 F.3d 626, 636 (9th Cir. 2009) (de novo review). Ajudge's
2257 (2009) (citation and quotation omitted). Fine asserts that Judge Yaffe was
Caperton, Judge Yaffe's receipt of these benefits did not give him a "direct
personal, substantial, pecuniary interest" in the matter. Id. at 2259 (citing Tumey v.
Ohio, 273 U.S. 510 (1927)). Nor was Judge Yaffe so "personally embroiled" that
he could not preside impartially. Crater v. Galaza, 491 F.3d 1119, 1132 (9th Cir.
2007). Fine's argument that he "exposed" Judge Yaffe for receiving "criminal
continue to receive supplemental benefits from the county or court then paying the
benefits." See Cal. Gov. Code § 68220; see also Sturgeon v. County a/L.A., 84
2
Case 2:09-cv-01914-JFW-CW Document 59 Filed 02/18/10 Page 4 of 4
AFFIRMED.
3
Tis· ti e-mail me a c en rated y th CMJECF s stem. Pica c DO OT
R PO t i - j] bccau c tbe m i1 box i un tt oded.
***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States
policy permits attorneys of record and parties in a case (including pro se litigants) to
receive ooe free electronic copy of aU documents filed electronicaUy, if receipt is required by
law or directed by the filer. PACER access fees apply to all other users. To avoid later
charges, download a copy of each document during this first viewing. However, if the
referenced document is a tTanscript, the free copy and 30 page limit do not apply.
The following transaction was entered on 2/23/20 I0 at 3: 15 PM PST and filed on 2/18/2010
Case Name: Richard 1. Fine v. Sheriff of Los Angeles County
Case Number: 2:09-cv-01914-JFW-CW
Filer:
\VARNING: CASE CLOSED on 06129J2009
Document Number: 59
2:09-cv-01914-JFW-CW Notice bas been delivered by First Class U. S. Mail or by fax to: :
Richard 1. Fine
BK# 1824367
Twin Towers Correctional Facility
450 Bauchet Street
Los Angeles CA 90012
US
EXHIBIT 4:2
10-12-06 Log Cabin Republicans v United States of America et al (2:04-
cv-08425) Request forwarded to Counsel for Log Cabin
Republicans and the USA for copies of the NEFs, and confirmation
of receipt by Counsel for the USA
Daniel J Woods
White & Case
633 W 5th St, Ste 1900
Los Angeles, CA 90071-2007
213-620-7772
Email: dwoods@whitecase.com
Paul G Freeborne
US Department of Justice
PO Box 883
Washington, DC 200444
202-616-8330
Email: paul.freeborne@usdoj.gov
Earle D Miller
White & Case
633 W 5th St, Ste 1900
Los Angeles, CA 90071-2007
213-620-7700
Email: emiller@whitecase.com
Fernando L Aenlle-Rocha
White and Case
633 West Fifth Street Suite 1900
Los Angeles, CA 90071-2007
213-620-7700
Fax: 213-452-2329
Email: faenlle-rocha@whitecase.com
Patrick O Hunnius
DLA Piper LLP (US)
1999 Avenue of the Stars
4th Floor
Los Angeles, CA 90067-6022
310-595-3030
Fax: 310-595-3330
Email: patrick.hunnius@dlapiper.com
Paul G Freeborne
W Scott Simpson
U.S. Department of Justice
Civil Division - Federal Programs Branch
Post Office Box 883
Rm 7210
Washington, DC 20044
202-514-3495
Email: scott.simpson@usdoj.gov
Please notice records and press release, posted online and linked below,
which highlighted the dubious nature and/or invalidity of judicial records
in the litigation, referenced above.
For all the reasons listed above, your cooperation is kindly requested in
expediently providing copies of the NEFs of the Complaint (Dkt #1), and
all later records, which were docketed by the Court (no copies are
requested of NEFs docketed by counsel for either Plaintiff or
Defendants), in the caption referenced above.
Truly,
LINKS
[1] 10-12-06 Dont Ask Dont Tell Another Pretense Litigation by Judge Virginia
Phillips at the US District Court, Central District of California?
http://www.scribd.com/doc/44771304/
[2] 10-12-06 Log Cabin Republicans v United States of America et al (2:04-cv-
08425) at the US District Court, Central District of California - Don't Ask Dont
Tell - litigation records
http://www.scribd.com/doc/44770093/
[3] 10-12-05 Request for investigation, impeachment proceedings where
appropriate, in re: US Judges JED RAKOFF, VIRGINIA PHILLIPS, JOHN
WALTER, and US Magistrate CARLA WOEHRLE for conduct, which
undermined Banking Regulation and/or Human Rights in the United States
http://www.scribd.com/doc/44671154/
[4] 10-12-04 RE: US Judges JED RAKOFF, VIRGINIA PHILLIPS, JOHN
WALTER, US Magistrate CARLA WOEHRLE - Request for Investigation,
Impeachment Proceedings Where Appropriate
http://www.scribd.com/doc/44669382/
Human Rights Alert is dedicated to discovering, archiving, and disseminating evidence of Human
Rights violations by the justice systems of the State of California and the United States in Los
Angeles County, California, and beyond. Special emphasis is given to the unique role of
computerized case management systems in the precipitous deterioration of integrity of the justice
system in the United States.
http://www.scribd.com/Human_Rights_Alert
http://inproperinla.blogspot.com/
http://human-rights-alert.blogspot.com/
http://www.liveleak.com/user/jz12345
______
Subject: Read: Request for copies of NEFs in Log Cabin Republicans v USA
(2:04-cv-08425) at the US District Court, Central District of California
Date: Mon, 6 Dec 2010 12:41:49 -0500
X-MS-Has-Attach:
X-MS-TNEF-Correlator:
Thread-Topic: Request for copies of NEFs in Log Cabin Republicans v USA
(2:04-cv-08425) at the US District Court, Central District of California
Thread-Index: AcuVaxTGR22NJxc/Su6eujJgqGpQhgAAceXm
From: "Freeborne, Paul (CIV)" <Paul.Freeborne@usdoj.gov>
X-OriginalArrivalTime: 06 Dec 2010 17:42:41.0655 (UTC)
FILETIME=[FB5FB070:01CB956C]
X-Proofpoint-Virus-Version: vendor=fsecure
engine=2.50.10432:5.2.15,1.0.148,0.0.0000 definitions=2010-12-06_11:2010-12-
06,2010-12-06,1970-01-01 signatures=0
X-Proofpoint-Virus-Version: vendor=fsecure
engine=2.50.10432:5.2.15,1.0.148,0.0.0000 definitions=2010-12-06_11:2010-12-
06,2010-12-06,1970-01-01 signatures=0
X-ELNK-AV: 0
X-ELNK-Info: sbv=0; sbrc=.0; sbf=00; sbw=000;
Your message
To: dwoods@whitecase.com; Freeborne, Paul (CIV);
trusche@seyfarth.com; aakahn@whitecase.com; emiller@whitecase.com;
faenlle-rocha@whitecase.com; patrick.hunnius@dlapiper.com;
shameed@whitecase.com; Gardner, Joshua E (CIV); Parker, Ryan (CIV);
Simpson, Scott (CIV)
Cc:
Subject: Request for copies of NEFs in Log Cabin Republicans v USA
(2:04-cv-08425) at the US District Court, Central District of
California
Sent: Mon, 6 Dec 2010 12:11:54 -0500
______
Subject: Read: Request for copies of NEFs in Log Cabin Republicans v USA
(2:04-cv-08425) at the US District Court, Central District of California
Date: Mon, 6 Dec 2010 12:48:39 -0500
X-MS-Has-Attach:
X-MS-TNEF-Correlator:
Thread-Topic: Request for copies of NEFs in Log Cabin Republicans v USA
(2:04-cv-08425) at the US District Court, Central District of California
Thread-Index: AcuVaxTGR22NJxc/Su6eujJgqGpQhgAArvka
From: "Parker, Ryan (CIV)" <Ryan.Parker@usdoj.gov>
X-OriginalArrivalTime: 06 Dec 2010 17:48:40.0215 (UTC)
FILETIME=[D1179A70:01CB956D]
X-Proofpoint-Virus-Version: vendor=fsecure
engine=2.50.10432:5.2.15,1.0.148,0.0.0000 definitions=2010-12-06_11:2010-12-
06,2010-12-06,1970-01-01 signatures=0
X-Proofpoint-Virus-Version: vendor=fsecure
engine=2.50.10432:5.2.15,1.0.148,0.0.0000 definitions=2010-12-06_11:2010-12-
06,2010-12-06,1970-01-01 signatures=0
X-ELNK-AV: 0
X-ELNK-Info: sbv=0; sbrc=.0; sbf=00; sbw=000;
Your message
Given that the matter, outlined below, is of considerable public interest, and given
that a Notice of Appeal was filed in this case, timely response by your office,
within 7 days, is kindly requested.
Truly,
Human Rights Alert is dedicated to discovering, archiving, and disseminating evidence of Human
Rights violations by the justice systems of the State of California and the United States in Los
Angeles County, California, and beyond. Human Rights Alert focuses on the unique role of
computerized case management systems in the precipitous deterioration of the integrity of the
justice system in the United States.
http://www.scribd.com/Human_Rights_Alert
http://inproperinla.blogspot.com/
http://human-rights-alert.blogspot.com/
http://www.liveleak.com/user/jz12345
_____________________________
Your help in this matter may also assist in preventing the burden on the
US Court of Appeals, 9th Circuit, of running an Appeal from a void, not
voidable Judgment.
In case there are any fees required for obtaining the requested records,
please let me know, so that I may expediently forward payment.
Truly,
http://www.scribd.com/Human_Rights_Alert
http://inproperinla.blogspot.com/
http://human-rights-alert.blogspot.com/
http://www.liveleak.com/user/jz12345
____________
CERTIFICATE OF SERVICE
I, the undersigned Joseph Zernik, served the documents described as: 4: Verified Motion
for an Order to Show Cause in re: Log Cabin Republicans v USA et al on parties in
this action by a) emailing, and b) by mailing a true copy thereof, which was enclosed in a
sealed envelope, with postage fully prepaid, addressed as follows:
Joseph Zernik
By: ______________
JOSEPH ZERNIK
Intervenor, In Pro Se
2231 South Court
Palo Alto, CA 94301
Telephone: (323) 521-6209
Facsimile (213) 261-9881
jz12345@earthlink.net
Case Nos 10-56634 and 10-56813 TOC
vs
files his Motion for a Declaratory Mandate: The NEFs (Notices of Electronic Filing) are
court records subject to the First Amendment right of public access to inspect and to
copy; like the Certificates of Service by the Clerk, which preceded them, the NEFs must
be incorporated in the PACER (the Court’s online public access system) dockets by the
motion.
The papers, which are concomitantly filed under separate covers, are integral parts of
instant motion:
1: Request for Leave to File, Notice to Reliably Inform the Court, and Motion to
Intervene;
3: Motion for Declaratory Mandate: The uncertified April 24, 2009 Judgment in
Zernik v Connor et al was, is, and always will be void, not voidable.
4: Motion for an Order to Show Cause on USA and Log Cabin Republicans in re:
the uncertified October 12, 2010 Judgment in Log Cabin Republicans v USA et al:
Why instant Appeals should not be dismissed for lack of jurisdiction and/or
mootness;
2/9
5: MOTION FOR A DECLARATORY MANDATE: THE NEFs ARE PUBLIC RECORDS
5: Motion for a Declaratory Mandate: The NEFs are court records subject to the
6: Motion for Declaratory Mandate: The NEFs are invalid as electronic certificates
Rights;
Prior to implementation of PACER and CM/ECF (the Court’s case management and
electronic filing system), the US District Courts employed Certificates of Service by the
General Order 08-02, II. Electronic Filing, (O) Certification of Electronic Documents,
3/9
5: MOTION FOR A DECLARATORY MANDATE: THE NEFs ARE PUBLIC RECORDS
true and correct copy of the original filed with the court.
Accordingly, with implementation of PACER and CM/ECF, the NEFs replaced the
the Clerk were incorporated into the dockets, and the public was permitted
rights.
In Nixon v Warner Communications, Inc (1978) the Supreme Court of the United
States re-affirmed the common law right of the public to access court records to inspect
and to copy, as inherent to various Amendments to the Constitution of the United States,
public access, while no Rules of Courts were published to that effect, in alleged
violation of the Rulemaking Enabling Act, Due Process and First Amendment
rights.
excluded the NEFs from the PACER dockets. Instead, the NEFs are today included only
Such material change in court procedures and such restrictions on public access to
court records were implemented, while no Rules of Court were published to that effect, in
4/9
5: MOTION FOR A DECLARATORY MANDATE: THE NEFs ARE PUBLIC RECORDS
alleged violation of the Rulemaking Enabling Act and Due Process and First Amendment
rights.
procedures, whereby pro se filers are universally denied access to CM/ECF, and with it -
to the NEFs, even in their own litigation. (see also: 7: Motion for Mandate: The
Rights.)
The evidence, which was presented in instant Intervention from the three cases, listed
above, documented the harm affected by the practices of the US District Court relative to
docket, where all judicial and clerical records were issued with invalid NEFs.
Plaintiff was permitted access to the NEFs only months after the publication of
discovery of the NEFs, they were invalid, missing the ‘electronic document
b) In Fine v Sheriff the District Court continues to deny access to most of the NEFs.
On December 29, 2009, access was permitted to the NEF of the June 29, 2009
Judgment, to inspect, but not to copy. The NEF for the Judgment was found
5/9
5: MOTION FOR A DECLARATORY MANDATE: THE NEFs ARE PUBLIC RECORDS
On December 29, 2009, access was permitted to the NEF of the February 18,
2010 Mandate, as docketed in the US District Court (Dkt #59) to inspect and to
copy. The NEF for the Mandate was found invalid – missing the ‘electronic
continues to be denied.
6. Absent access to the NEFs, the public and pro se filers, in particular, are
presented with vague and ambiguous PACER dockets and vague and ambiguous
judicial records.
As detailed in paragraphs 1-5, above, in the absence of access to the NEFs, the public
and pro se filers are presented with vague and ambiguous PACER dockets and vague and
Under such circumstances the public and pro se filers, in particular, are unable to
distinguish between judicial and clerical records, which are valid and effectual, and those
which are null and void. Therefore, the Public and pro se filers are denied Due Process
rights.
Judgments are imposed on the public and pro se filers, which the District Court itself
deems invalid. Such conduct should be deemed Deprivation of Rights under the Color of
Law.
declaratory mandate: The NEFs (Notices of Electronic Filing) are court records
subject to the First Amendment right of public access to inspect and to copy.
6/9
5: MOTION FOR A DECLARATORY MANDATE: THE NEFs ARE PUBLIC RECORDS
For the reasons listed in paragraphs 1-6, above, the US Court of Appeals should enter
the declaratory mandate: The NEFs (Notices of Electronic Filing) are court records
subject to the First Amendment right of the public access to inspect and to copy. Like the
Certificates of Service by the Clerk, which preceded them, the US District Court shall
By: ______________
JOSEPH H ZERNIK
Intervenor, In Pro Se
2231 South Court
Palo Alto, CA 94301
Telephone: (323) 521-6209
Facsimile (213) 261-9881
jz12345@earthlink.net
____________
STATEMENT OF VERIFICATION
I, the undersigned, Joseph Zernik, read instant Intervenor’s 5: Verified Motion for a
Declaratory Mandate: The NEFs are Public Records, and I know the content thereof
to be true and correct, it is true and correct based on my own personal knowledge, except
as to those matters therein stated as based upon information and belief, and as to those
matters, I believe them to be true and correct as well.
I make this declaration that the foregoing is true and correct under penalty of perjury
pursuant to the laws of the United States.
Executed on December 27th, 2010.
____________________
Joseph Zernik
7/9
5: MOTION FOR A DECLARATORY MANDATE: THE NEFs ARE PUBLIC RECORDS
____________
CERTIFICATE OF SERVICE
I, the undersigned Joseph Zernik, served the documents described as: 5: Motion for a
Declaratory Mandate: The NEFs are Public Records on parties in this action by a)
emailing, and b) by mailing a true copy thereof, which was enclosed in a sealed envelope,
with postage fully prepaid, addressed as follows:
I certify and declare, under penalty of perjury under the laws of the United
States of America and the State of California, that the foregoing is true and
correct.
8/9
5: MOTION FOR A DECLARATORY MANDATE: THE NEFs ARE PUBLIC RECORDS
Joseph Zernik
By: ______________
JOSEPH ZERNIK
Intervenor, In Pro Se
2231 South Court
Palo Alto, CA 94301
Telephone: (323) 521-6209
Facsimile (213) 261-9881
jz12345@earthlink.net
9/9
5: MOTION FOR A DECLARATORY MANDATE: THE NEFs ARE PUBLIC RECORDS
Case Nos 10-56634 and 10-56813 TOC
vs
requests that the Court enter a Declaratory Mandate: The NEF (Notice of Electronic
motion.
1: Request for Leave to File, Notice to Reliably Inform the Court, and Motion to
Intervene;
3: Motion for Declaratory Mandate: The uncertified April 24, 2009 Judgment in
Zernik v Connor et al was, is, and always will be void, not voidable.
4: Motion for an Order to Show Cause on USA and Log Cabin Republicans in re:
the uncertified October 12, 2010 Judgment in Log Cabin Republicans v USA et al
- Why instant Appeals should not be dismissed for lack of jurisdiction and/or
mootness;
5: Motion for a Declaratory Mandate: The NEFs are court records subject to the
2/9
6: MOTION FOR MANDATE – THE NEFs ARE INVALID CERTIFICATION RECORDS
6: Motion for Declaratory Mandate: The NEFs, as drafted, are invalid as electronic
Clerk;
Deprivation of Rights;
The General Order 08-02, of the District Court, in section II. Electronic Filing, (O)
Certification of Electronic Documents, replaced the Certificates of Service with the NEFs.
(See also – 5: Motion for Declaratory Mandate: The NEFs are Public Records).
The paper-based Certificate of Service by the Clerk of the Court, used the following
language:
3/9
6: MOTION FOR MANDATE – THE NEFs ARE INVALID CERTIFICATION RECORDS
<name1>, Case Number: <number>
Plaintiff,
v.
<name 2>, CERTIFICATE OF SERVICE
Defendant.
<service list>
Dated: <date>
<name of clerk>, Clerk
<wet graphic signature>
_________________________
By: <name of deputy>, Deputy Clerk
4. The NEF, which was implemented as part of CM/ECF uses different language.
4/9
6: MOTION FOR MANDATE – THE NEFs ARE INVALID CERTIFICATION RECORDS
The following document(s) are associated with this transaction:
Document description: <e.g.: “Main Document”>
Original filename: <e.g.: “M:\CY Case Opg\LA09CYO1914CW-2254-1.pdf”>
Electronic document Stamp:
[STAMP cacdStamp ID=1020290914 [Date=3/24/2009] [FileNumber=7490322-0]
[ba1e4c9adce56e6928dOeefa53c4bOc81 0443abc5deee0572f9a7b6bbda4fa2e964b
b0508f249c09cc40tbdID936e6483e4a5407834027013ddd6569207b4d9a]]
5. The language of the NEF, as drafted, fails to include the essential elements of
the NEF regarding the following elements: a) Title, b) Certification statements, and c)
Signatures/authorities.
a) In the Certificate of Service the title included the word “Certificate”. The title of the
b) The Certificate of Service included the key statement ‘I, the undersigned, hereby
box, including the typed name of the Clerk of the Court above the graphic
signature, the name of an individual, and his/her authority below the signature line.
The NEF fails to include the full name or authority of the individuals, who
5/9
6: MOTION FOR MANDATE – THE NEFs ARE INVALID CERTIFICATION RECORDS
The ‘electronic document stamp’, which appears in the NEF is an encrypted,
Therefore, the NEF should be deemed vague and ambiguous and/or void as a
6. The NEFs undermined the accountability of the Clerk of the US Court for
The Clerk of the US Court refuses to certify the PACER dockets in general, and the
PACER dockets of Log Cabins Republicans v USA et al, in Fine v Sheriff, and in Zernik v
7. In two cases of the US District Court, Central District of California, which were
Under the circumstances, created through the implementation of the NEF, as drafted,
individuals, who were not authorized as Deputy Clerks, ‘entered’ records in the PACER
dockets and issued the NEFs in Fine v Sheriff and Zernik v Connor et al.
It is likely that upon discovery it would be found that unauthorized individuals also
‘entered’ records in the PACER docket and issued the NEFs in Log Cabin Republicans v
USA et al.
deemed vague and ambiguous, therefore, denying Federal Due Process rights.
The facts, described in paragraphs 1-7, above, relative to implementation of the NEF
6/9
6: MOTION FOR MANDATE – THE NEFs ARE INVALID CERTIFICATION RECORDS
PACER dockets of the US District Court vague and ambiguous in general, and in Fine v
Sheriff , in Zernik v Connor et al, and in Log Cabin Republicans v USA et al, in
particular.
Maintenance of vague and ambiguous court dockets should be deemed by the Court
certification record.
For the reasons listed in paragraphs 1-8, above, Court should enter a declaratory
By: ______________
JOSEPH H ZERNIK
Intervenor, In Pro Se
2231 South Court
Palo Alto, CA 94301
Telephone: (323) 521-6209
Facsimile (213) 261-9881
jz12345@earthlink.net
7/9
6: MOTION FOR MANDATE – THE NEFs ARE INVALID CERTIFICATION RECORDS
____________
STATEMENT OF VERIFICATION
I, the undersigned, Joseph Zernik, read instant Intervenor’s 6: Verified Motion for a
Declaratory Mandate: The NEF is Invalid as a Certification Record, and I know the
content thereof to be true and correct, it is true and correct based on my own personal
knowledge, except as to those matters therein stated as based upon information and
belief, and as to those matters, I believe them to be true and correct as well.
I make this declaration that the foregoing is true and correct under penalty of perjury
pursuant to the laws of the United States.
Executed on December 27th, 2010.
____________________
Joseph Zernik
____________
CERTIFICATE OF SERVICE
I, the undersigned Joseph Zernik, served the documents described as: 6: Motion for a
Declaratory Mandate: The NEF is Invalid as a Certification Record on parties in this
action by a) emailing, and b) by mailing a true copy thereof, which was enclosed in a
sealed envelope, with postage fully prepaid, addressed as follows:
8/9
6: MOTION FOR MANDATE – THE NEFs ARE INVALID CERTIFICATION RECORDS
Aaron Kahn (aakahn@whitecase.com)
(213) 620-7751
White & Case LLP
633 West Fifth Street, Suite 1900
Los Angeles, CA 90071
I certify and declare, under penalty of perjury under the laws of the United
States of America and the State of California, that the foregoing is true and
correct.
Joseph Zernik
By: ______________
JOSEPH ZERNIK
Intervenor, In Pro Se
2231 South Court
Palo Alto, CA 94301
Telephone: (323) 521-6209
Facsimile (213) 261-9881
jz12345@earthlink.net
9/9
6: MOTION FOR MANDATE – THE NEFs ARE INVALID CERTIFICATION RECORDS
Case Nos 10-56634 and 10-56813 TOC
vs
files his Motion for a Declaratory Mandate: The establishment of PACER and CM/ECF
through the General Order 08-02 of the US District Court amounts to Deprivation of
motion.
1: Request for Leave to File, Notice to Reliably Inform the Court, and Motion to
Intervene;
3: Motion for Declaratory Mandate: The April 24, 2009 Judgment in Zernik v
4: Motion for an Order to Show Cause on USA and Log Cabin Republicans in re:
the October 12, 2010 uncertified Judgment in Log Cabin Republicans v USA et al:
Why instant Appeals should not be dismissed for lack of jurisdiction and/or
mootness;
5: Motion for a Declaratory Mandate: The NEFs are court records subject to the
2/10
7: DENIAL OF PUBLIC ACCESS TO CM/ECF AMOUNTS TO DEPRIVATION OF RIGHTS
6: Motion for Declaratory Mandate: The NEF, as drafted, is invalid as an electronic
Clerk;
through the General Order 08-02 of the US District Court amounts to Deprivation
of Rights;
General Order 08-02 established the procedures for electronic filing and electronic
case management and public access to electronic court records in the US District Court,
Central District of California. Two systems were established: a) The Court’s online
public access system (PACER), and b) The Court’s case management/electronic filing
system (CM/ECF).
Inherent in the General Order 08-02 are various procedures, which materially affect
the rules pertaining to conduct of litigation in the Court, pertaining to authority and
accountability of the Clerk for papers entered in the PACER dockets, pertaining to
counsel and pro se appearance, and pertaining to public access to court records.
Therefore, the General Order 08-02 had material impact on matters pertaining to
Access to the Courts, Federal Due Process, and/or First Amendment Rights.
3/10
7: DENIAL OF PUBLIC ACCESS TO CM/ECF AMOUNTS TO DEPRIVATION OF RIGHTS
3. The General Order 08-02 was published by the US District Court with no name
In contrast with other General Orders of the US District Court, the General Order 08-
02 was published with no name of a duly authorized US Judge as its author, with no
Regardless, the US District Court enforced the General Order as a valid order of the
Court.
The publication and enforcement of the unsigned, uncertified General Order 08-02,
4. The Clerk of the US District Court denies access the General Order 08-02 to copy
the record with valid name of its author, signature by a judge of the US District
Court, and certification by the Clerk of the Court, in alleged violation of First
Amendment rights.
Requests were repeatedly filed with the Clerk of the US District Court, to obtain a
valid copy of the General Order 08-02, including a name of its author, signature by a
duly US judge of the District Court, and certification by the Clerk of the Court. The
The denial of access to the General Order 08-02, as certified by a judge of the Court
5. Upon information and belief, Zernik claims that in fact, no valid and effectual
4/10
7: DENIAL OF PUBLIC ACCESS TO CM/ECF AMOUNTS TO DEPRIVATION OF RIGHTS
Upon information and belief, gained through the efforts to gain access, Zernik claims
that in fact, no valid and effectual copy of the General Order 08-02 exists.
6. In General Order 08-02 the US District Court effectively established new Rules of
US law prescribes the manner in which the US courts are to adopt rules of court,
In General Order 08-02, the US District Court effectively established material new
rules of court in alleged violation of the requirements prescribed in the Rule Making
the Clerk from public access in alleged violation of First Amendment and Due
Process rights.
Although never explicitly stated in the General Order 08-02, the rules, which were
(see also: 5: Motion for Declaratory Mandate: The NEFs are Public Records).
Therefore, it is alleged that the implementation of PACER and CM/ECF through the
General Order 08-02 effectively denies the public First Amendment rights.
Moreover, absent access to the NEFs, the public is unable to distinguish between
valid court orders and judgments and such that are void, not voidable.
Therefore, it is alleged that the implementation of PACER and CM/ECF through the
General Order 08-02 effectively denies the public Due Process rights.
5/10
7: DENIAL OF PUBLIC ACCESS TO CM/ECF AMOUNTS TO DEPRIVATION OF RIGHTS
8. In General Order 08-02 the US District Court effectively established in CM/ECF
Process rights.
In implementing PACER and CM/ECF through the General Order 08-02, the Court
established the use of the NEF as the new certificate of authentication/attestation by the
Clerk.
Although never explicitly stated in the General Order 08-02, the General Order 08-
(see also - 6:Motion for Declaratory Mandate: The NEFs, as drafted, are invalid as
Therefore, it is alleged that implementation of the NEF, as drafted, denies the public
9. In General Order 08-02 the US District Court explicitly established new Rules of
Court, denying pro se filers and the public at large access to CM/ECF, in alleged
violation of rights inherent to the First Amendment, Due Process, and Access to
the Courts.
General Order 08-02, II. Electronic Filing, (O) Certification of Electronic Documents,
B. Pro Se Litigants.
Documents filed by pro se litigants will continue to be filed and served in the traditional manner and
will be scanned by the Clerk’s Office into the CM/ECF system.
Therefore, it is alleged that through the General Order 08-02, the US District Court
effectively established new Rules of Court, which effectively deny pro se filers and the
6/10
7: DENIAL OF PUBLIC ACCESS TO CM/ECF AMOUNTS TO DEPRIVATION OF RIGHTS
public at large rights inherent to the First Amendment, Due Process, and Access to the
Courts.
10. The US Court of Appeals, 9th Circuit, permits pro se filers access to CM/ECF.
The evidence shows that the US Court of Appeals, 9th Circuit, never adopted such
11. In the General Order 08-02 the US District Court effectively undermined the
authority of the Clerk and the accountability of the Clerk for appearances by
Through the General Order 08-02, the US District Court effectively established Rules
of Courts, which permit counsel to appear and enter papers in the PACER dockets with
12. Enabling counsel to appear and enter papers in the PACER dockets with no
prior review by the Clerk of the Court is alleged as violation of Equal Protection
Conditions, where counsel are able to appear and ‘enter’ papers in the PACER
dockets with no prior review by the Clerk of the Court enable appearances by Counsel,
Court, in the March 5, 2008 Memorandum Opinion (Dkt #248) of the Honorable Jeff
1
For those with no access to PACER, a copy of the Memorandum Opinion was posted online:
Hhttp://www.scribd.com/doc/25001966/
7/10
7: DENIAL OF PUBLIC ACCESS TO CM/ECF AMOUNTS TO DEPRIVATION OF RIGHTS
Financial Corporation, while not counsel of record, and with ‘no communications with
client’ clause.
The same conduct took place under Zernik v Connor et al in the US District Court,
Central District of California: The office of the General Counsel of Bank of America
Corporation repeatedly informed Plaintiff Zernik that Bryan Cave, LLP was not
The same conduct took place in Fine v Sheriff in the US District Court, Central
District of California: The Judicial Council of California provided credible evidence that
Attorney Kevin McCormick was not authorized to appear in the case on behalf of the
Superior Court. Regardless, Attorney McCormick appeared and filed papers on behalf of
The same conduct is claimed to have taken place under Zernik v Connor et al at the
lack thereof, of Attorneys from Cummings McClorey Davis Acho and Associates, who
8/10
7: DENIAL OF PUBLIC ACCESS TO CM/ECF AMOUNTS TO DEPRIVATION OF RIGHTS
In both Zernik v Connor et al and Fine v Sheriff persons at the US District Court, who
were not authorized as Deputy Clerks ‘entered’ in the PACER dockets minutes, orders,
(see also 3: Motion for Declaratory Judgment in re: Zernik v Connor et al.)
unauthorized individuals also ‘entered’ judicial records in the PACER docket of Log
14. Under conditions established by the US District Court in PACER and CM/ECF,
the Clerk of the Court refuses to certify the PACER dockets in Log Cabin
Conditions were established by the US District Court, so that today the Clerk of the
Court refuses to certify the PACER dockets in the two cases that are underlie instant
The publication of PACER dockets, which the Clerk refuses to certify is alleged as
15. Under the General Order 08-02, it is alleged that the US District Court effectively
established separate and unequal Access to the Courts and the First Amendment
Through the General Order 08-02, the US District Court effectively established two
classes relative to Access to the Courts and the First Amendment right to access court
records.
9/10
7: DENIAL OF PUBLIC ACCESS TO CM/ECF AMOUNTS TO DEPRIVATION OF RIGHTS
Those who hold CM/ECF password are permitted to ‘enter’ records in the PACER
dockets with no prior review by the Clerk, while those with no CM/ECF password are
Those who hold CM/ECF password are permitted access to certain court records,
while those with no CM/ECF password are denied access to such court records.
Therefore, it is alleged that through the General Order 08-02, the US District Court
established separate and unequal [ 2 ] Access to the Courts and the First Amendment right
through the General Order 08-02, amounts to Deprivation of Rights under the
Color of Law.
For the reasons listed in paragraphs 1-15, above, the Court should enter the
Declaratory Mandate: The establishment of PACER and CM/ECF through the General
By: ______________
JOSEPH H ZERNIK
Intervenor, In Pro Se
2231 South Court
Palo Alto, CA 94301
Telephone: (323) 521-6209
Facsimile (213) 261-9881
jz12345@earthlink.net
________
2
In Brown v. Board of Education, 347 U.S. 483 (1954), the US Supreme Court rejected the doctrine of
Separate but Equal. Separate but Unequal should surely be rejected by the Court.
10/10
7: DENIAL OF PUBLIC ACCESS TO CM/ECF AMOUNTS TO DEPRIVATION OF RIGHTS
LIST OF EXHIBITS
EXHIBIT 7:1 - Correspondence with the California Judicial Council in re: Appearance
by Attorney Kevin McCormick on behalf of the Superior Court under Fine
v Sheriff (2:09-cv-01914)
____________
STATEMENT OF VERIFICATION
I, the undersigned, Joseph Zernik, read instant Intervenor’s 7: Verified Motion for a
Declaratory Mandate: Establishment of PACER and CM/ECF through the General
Order 08-02 amounts to Deprivation of Rights, and I know the content thereof to be
true and correct, it is true and correct based on my own personal knowledge, except as to
those matters therein stated as based upon information and belief, and as to those matters,
I believe them to be true and correct as well.
I make this declaration that the foregoing is true and correct under penalty of perjury
pursuant to the laws of the United States.
Executed on December 27th, 2010.
____________________
Joseph Zernik
11/10
7: DENIAL OF PUBLIC ACCESS TO CM/ECF AMOUNTS TO DEPRIVATION OF RIGHTS
EXBIBITS
EXHIBIT 7:1
Dr Z
Joseph Zernik, PhD
PO Box 526, La Verne, CA 91750;
Fax: 323.488.9697; Email: jz12345@earthlink.net
Blog: http://inproperinla.blogspot.com/ Scribd: http://www.scribd.com/Free_the_Rampart_FIPs
PHILIP R. CARRIZOSA
Office of Communications
Judicial Council of California - Administrative Office of the Courts
455 Golden Gate Avenue, 5th floor
San Francisco CA 94102-3688
Direct 415/865-8044, Fax 415-865-4588
philip.carrizosa@jud.ca.gov
www.courtinfo.ca.gov
Dear Mr Carrizosa:
Thank you again for your expedient attention and care of my requests. Let me again clarify my requests:
a) Mr Carrizosa's March 16, 2010 2:50 PM email stated the case caption as:
Fine v. Sheriff of Los Angeles Court.
b) Dr Zernik's March 16, 2010 11:41 PM email requested that the case caption be stated as:
"the full caption of the case of the habeas corpus of Attorney Fine correctly stated, as it
appeared in the US District Court PACER docket"
c) Mr Carrizosa's March 19, 2010 2:50 PM email stated the case caption as
Fine v. Sheriff .
d) Dr Zernik's March 19, 2010 12:58 PM email repeated the March 16, 2010 request that the case
caption be stated as:
"the full caption of the case of the habeas corpus of Attorney Fine correctly stated, as it
appeared in the US District Court PACER docket"
Again, I apologize for any burden that I created on your office. Herein, I respectfully repeat my request, that
your good offices issue a response that could not possibly be viewed by any reasonable person as vague
and/or ambiguous, therefore, stating the case caption as:
"the full caption of the case of the habeas corpus of Attorney Fine correctly stated, as it
appeared in the US District Court PACER docket"
The matter at hand pertains to a person's Liberty. Regardless, if through my own lack of care, I unintentionally
created in my requests for correct listing of the caption of the case at hand a burden, which could not be
accommodated by your office, please let me know, so that I do not bother you by repeating the same request
again.
Truly,
Page 2/6 March 19, 2010
Perhaps I do not understand your request. I resent the message using the case title
and number as you stated it in your original e-mail. What is it about the resent
message that is incorrect?
Philip R. Carrizosa
Office of Communications
Judicial Council of California - Administrative Office of the Courts
455 Golden Gate Avenue, 5th floor
San Francisco CA 94102-3688
Direct 415/865-8044, Fax 415-865-4588
After 4 p.m. and weekends: 415/407-4615
philip.carrizosa@jud.ca.gov
www.courtinfo.ca.gov
"Serving the courts for the benefit of all Californians"
Dear Mr Carrizosa:
Thank you for your timely response. Given that ambiguity was created in the original
response by your office, relative to the identity of the case at hand, the March 16,
2010 letter, copied below, explicitly requested that "you ... resend the message
below, with the full caption of the case of the habeas corpus of Attorney Fine correctly
stated, as it appeared in the US District Court PACER docket."
The favor of a corrected response from your good offices, including "the full caption of
the case of the habeas corpus of Attorney Fine correctly stated, as it appeared in the
US District Court PACER docket" is again requested.
Please bear with my additional request for correction - instant request is merely an
exact repeat of my March 16, 2010 request letter. I hope that you would be able to
abide with me in this clerical issue.
Truly,
Mr. Zernik,
In response to your March 16 request to resend our response with the case title and
number that you used, I offer our response:
The Administrative Office of the Courts retained the Benton, Orr, Duval & Buckingham
law firm to represent the Superior Court of California, County of Los Angeles and
Judge David Yaffe in Fine v. Sheriff, 2:09-cv-1914, pursuant to Government Code
section 811.9 and rule 10.202 of the California Rules of Court, which require the AOC
to manage litigation affecting the courts, including the responsibility to select legal
counsel on behalf of courts and judicial officers. Kevin McCormick is a partner in the
retained law firm.
Philip R. Carrizosa
Office of Communications
Judicial Council of California - Administrative Office of the Courts
455 Golden Gate Avenue, 5th floor
San Francisco CA 94102-3688
Direct 415/865-8044, Fax 415-865-4588
After 4 p.m. and weekends: 415/407-4615
philip.carrizosa@jud.ca.gov
www.courtinfo.ca.gov
"Serving the courts for the benefit of all Californians"
Dear Mr Carrizosa:
Thank you again for your prompt response. Upon re-reading of your response below,
I realized that you had an typographical error in stating the caption of the case that
was the subject of my request for information. Therefore, for the record, in order to
have a valid response from your office on the matter at hand, I would be grateful if you
could resend the message below, with the full caption of the case of the habeas
corpus of Attorney Fine correctly stated, as it appeared in the US District Court
PACER docket.
Truly,
http://www.examiner.com/x-38742-LA-Business-Headlines-Examiner
Please sign our petition - Free Richard Fine: http://www.thepetitionsite.com/1/free-fine
Patriotic pics of Beyonce' Knowles, Sharon Stone, and Charlize Theron,
Coming soon- deep house music!
Mr. Zernik,
The Administrative Office of the Courts retained the Benton, Orr, Duval & Buckingham
law firm to represent the Superior Court of California, County of Los Angeles and
Judge David Yaffe in Fine v. Sheriff of Los Angeles Court, Case No. CV 09-1914,
pursuant to Government Code section 811.9 and rule 10.202 of the California Rules
of Court, which require the AOC to manage litigation affecting the courts, including the
responsibility to select legal counsel on behalf of courts and judicial officers. Kevin
McCormick is a partner in the retained law firm.
Philip R. Carrizosa
Office of Communications
Judicial Council of California - Administrative Office of the Courts
455 Golden Gate Avenue, 5th floor
San Francisco CA 94102-3688
Direct 415/865-8044, Fax 415-865-4588
After 4 p.m. and weekends: 415/407-4615
philip.carrizosa@jud.ca.gov
www.courtinfo.ca.gov
"Serving the courts for the benefit of all Californians"
At 3:23 PM 3/13/2010, Dr Zernik wrote:
From: joseph zernik [ mailto:jz12345@earthlink.net]
Sent: Saturday, March 13, 2010 3:23 PM
To: Carrizosa, Philip
Cc: McCormick, Brenda; McCormick, Kevin M; Attention: Judge David Yaffe and the
LA Superior Court C/O John Clarke, Clerk
Subject: Richard Fine: California Chief Justice Ronald George and Alleged Fraud in
Appearances of Attorney Kevin McCormick in Fine v Sheriff (2:09-cv-01914) - the
habeas corpus petition at the US District Court, LA
Philip R. Carrizosa
Office of Communications
Judicial Council of California - Administrative Office of the Courts
455 Golden Gate Avenue, 5th floor
San Francisco CA 94102-3688
Direct 415/865-8044, Fax 415-865-4588
After 4 p.m. and weekends: 415/407-4615
philip.carrizosa@jud.ca.gov
RE: Richard Fine: California Chief Justice Ronald George and Alleged Fraud in
Appearances of Attorney Kevin McCormick in Fine v Sheriff (2:09-cv-01914) -
Page 5/6 March 19, 2010
Dear Mr Carrizosa:
Thank you again for your past help in clarifying information pertaining to the California
Administrative Office of the Courts. I again request your help.
Truly,
CC:
1. McCormick, Brenda - by email
2. McCormick, Kevin - by email
3.Yaffe, David and the LA Superior Court - by fax
Page 6/6 March 19, 2010
4. Others of Interest
LINKED:
[1] The American Bar Association's motto is: "Defending Liberty, Pursuing Justice"
[2] ABA Journal article and comments: 70 Year Old Lawyer Hits One-year Mark In
Jail In Contempt
http://www.abajournal.com/news/article/70-year-old_lawyer_hits_one-
year_mark_in_jail_in_contempt_case/#comments
[3] March 13, 2010 ABA Journal article and comments: 70 Year Old Lawyer Hits One-
year Mark In Jail In Contempt, as copied:
http://inproperinla.com/10-03-13-aba-journal-article-on-richard-fine-and-comments-
s.pdf
Dr Z
Joseph Zernik, PhD
PO Box 526, La Verne, CA 91750;
Fax: 323.488.9697; Email: jz12345@earthlink.net
Blog: http://inproperinla.blogspot.com/ Scribd: http://www.scribd.com/Free_the_Rampart_FIPs
10-03-22 Richard Fine: Final response by California Judicial Council - false and deliberately
misleading
Los Angeles, March 22 - following is the latest, March 22, 2010 response, [1] which was received from the
Judicial Council. The case caption stated in such response is false and deliberately misleading. The case
caption stated in the response by the Judicial Council is "Fine v. Sheriff of Los Angeles Court," The case
caption as stated in the US Court docket is: "Richard I. Fine v. Sheriff of Los Angeles County."
The California Judicial Council is chaired by Ronald George, Chief Justice of the California Supreme
Court. No further attempt would be made to have the California Judicial Council correct this record.
FOOTNOTES:
X-MSK: CML=1.001000
From: "Carrizosa, Philip"
To: joseph zernik
Date: Mon, 22 Mar 2010 14:58:26 -0700
Subject: RE: Request for information - Fine case
Thread-Topic: Request for information - Fine case
Thread-Index: AcrHwfYJBnu5MkmISiKkBZ5LohiLpgCSAP4w
Accept-Language: en-US
X-MS-Has-Attach: yes
X-MS-TNEF-Correlator:
acceptlanguage: en-US
X-ELNK-AV: 0
X-ELNK-Info: sbv=0; sbrc=.0; sbf=00; sbw=000;
Mr. Zernik,
In light of your revised request, I am again sending our original response which we believe contains the correct and true
z Page 2/2 March 23, 2010
The Administrative Office of the Courts retained the Benton, Orr, Duval & Buckingham law firm to represent the Superior
Court of California, County of Los Angeles and Judge David Yaffe in Fine v. Sheriff of Los Angeles Court, Case No. CV
09-1914, pursuant to Government Code section 811.9 and rule 10.202 of the California Rules of Court, which require the
AOC to manage litigation affecting the courts, including the responsibility to select legal counsel on behalf of courts and
judicial officers. Kevin McCormick is a partner in the retained law firm.
Philip R. Carrizosa
Office of Communications
Judicial Council of California - Administrative Office of the Courts
455 Golden Gate Avenue, 5th floor
San Francisco CA 94102-3688
Direct 415/865-8044, Fax 415-865-4588
After 4 p.m. and weekends: 415/407-4615
philip.carrizosa@jud.ca.gov
www.courtinfo.ca.gov
"Serving the courts for the benefit of all Californians"
____________
CERTIFICATE OF SERVICE
I, the undersigned Joseph Zernik, served the documents described as: 7: Verified Motion
for a Declaratory Mandate: Establishment of PACER and CM/ECF through the
General Order 08-02 amounts to Deprivation of Rights, on parties in this action by a)
emailing, and b) by mailing a true copy thereof, which was enclosed in a sealed envelope,
with postage fully prepaid, addressed as follows:
I certify and declare, under penalty of perjury under the laws of the United
States of America and the State of California, that the foregoing is true and
correct.
By: ______________
JOSEPH ZERNIK
Intervenor, In Pro Se
2231 South Court
Palo Alto, CA 94301
Telephone: (323) 521-6209
Facsimile (213) 261-9881
jz12345@earthlink.net
Case Nos 10-56634 and 10-56813
___________
Log Cabin Republicans,
a non-profit corporation,
Plaintiff-Appellee/Cross Appellant,
vs
___________
ON APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
No CV 04-8425, Honorable Virginia A Phillips, Judge
INCORPORATION BY REFERENCE
Zernik requests that the Court incorporate by reference the dockets and all papers in
the following three cases of the US District Court, Central District of California:
Zernik requests that the Court incorporate by reference the docket of the following
Zernik requests that the Court incorporate by reference of the following record from
Zernik requests that the Court incorporate by reference, of the following record of the
1
For ease of reference by readers with no access to PACER, a copy was posted online:
Hhttp://www.scribd.com/doc/25001966/
2
For ease of reference, a copy was posted online: Hhttp://www.scribd.com/doc/27632471/
2/5
8: REQUEST FOR INCORPORATION BY REFERENCE
2. Request is for incorporation of both the PACER records and the CM/ECF
The NEFs (Notices of Electronic Filing), which are today the electronic certificates of
authentication/attestation of the US District Court are excluded from the PACER (the
District Court’s online public access system) dockets, but are accessible in CM/ECF.
The NEFs and other CM/ECF records are explicitly part of instant Request.
3. The request for incorporation by reference of judicial and clerical records, listed
in 1 a), b), c), and f), above, should not be construed as implying their validity.
Relative to judicial and clerical records, listed in 1 a), b), c), and f), above, instant
request should not be construed as implying their validity. On the contrary, the
4. The above referenced cases provide critical evidence relative to instant filing.
The dockets and court records, listed in 1. a) through f), above, provide critical
evidence in support of claims raised in the Notice to Reliably Inform the Court, the
For the reasons listed in paragraphs 1-4, above, the incorporation by reference of
By: ______________
JOSEPH H ZERNIK
Intervenor, In Pro Se
3/5
8: REQUEST FOR INCORPORATION BY REFERENCE
2231 South Court
Palo Alto, CA 94301
Telephone: (323) 521-6209
Facsimile (213) 261-9881
jz12345@earthlink.net
____________
STATEMENT OF VERIFICATION
I, the undersigned, Joseph Zernik, read instant Intervenor’s 8: Verified Request for
Incorporation by Reference, and I know the content thereof to be true and correct, it is
true and correct based on my own personal knowledge, except as to those matters therein
stated as based upon information and belief, and as to those matters, I believe them to be
true and correct as well.
I make this declaration that the foregoing is true and correct under penalty of perjury
pursuant to the laws of the United States.
Executed on this 27th day in December, 2010.
____________________
Joseph Zernik
____________
CERTIFICATE OF SERVICE
I, the undersigned Joseph Zernik, served the documents described as: 8: Request for
Incorporation by Reference on parties in this action by a) emailing, and b) by mailing a
true copy thereof, which was enclosed in a sealed envelope, with postage fully prepaid,
addressed as follows:
I certify and declare, under penalty of perjury under the laws of the United
States of America and the State of California, that the foregoing is true and
correct.
Executed this date, December 27th, 2010,
Joseph Zernik
By: ______________
JOSEPH ZERNIK
Intervenor, In Pro Se
2231 South Court
Palo Alto, CA 94301
Telephone: (323) 521-6209
Facsimile (213) 261-9881
jz12345@earthlink.net
5/5
8: REQUEST FOR INCORPORATION BY REFERENCE
Case Nos 10-56634 and 10-56813 TOC
vs
Zernik has read and reviewed the CM/ECF manuals and instruction video transcripts
of the US Court of Appeals, 9th Circuit, and comparable materials of various US District
science journal. [ 1 ]
Zernik has also authored another report pertaining to CM/ECF, currently pending
litigation.
Conditions, where one party to litigation is denied access to CM/ECF, while other
parties are permitted access, are claimed to put the party, which is denied access, in
serious disadvantage, alleged as denial of Due Process rights. (see also 7: Motion for a
1
Zernik, J: Data Mining of Online Judicial Records of the Networked US Federal Courts,
International Journal on Social Media: Monitoring, Measurement, Mining, 1:69-83 (2010)
2
Zernik, J Case Management and Online Public Access Systems of the Courts in the United
States - pending
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9: REQUEST FOR CM/ECF PASSWORD
For the reasons listed in paragraphs 1-2, above, the US Court should grant Zernik’s
By: ______________
JOSEPH H ZERNIK
Intervenor, In Pro Se
2231 South Court
Palo Alto, CA 94301
Telephone: (323) 521-6209
Facsimile (213) 261-9881
jz12345@earthlink.net
____________
STATEMENT OF VERIFICATION
I, the undersigned, Joseph Zernik, read instant Intervenor’s 9: Request for Permission to
Obtain CM/ECF Password, and I know the content thereof to be true and correct, it is
true and correct based on my own personal knowledge, except as to those matters therein
stated as based upon information and belief, and as to those matters, I believe them to be
true and correct as well.
I make this declaration that the foregoing is true and correct under penalty of perjury
pursuant to the laws of the United States.
Executed on December 27th, 2010.
____________________
Joseph Zernik
____________
CERTIFICATE OF SERVICE
I, the undersigned Joseph Zernik, served the documents described as: 9: Request for
Permission to Obtain CM/ECF Password on parties in this action by a) emailing, and
b) by mailing a true copy thereof, which was enclosed in a sealed envelope, with postage
fully prepaid, addressed as follows:
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9: REQUEST FOR CM/ECF PASSWORD
a. Counsel for United States of America
Anthony J. Steinmeyer (anthony.steinmeyer@usdoj.gov)
(202) 514-3388
August E. Flentje (august.flentje@usdoj.gov)
(202) 514-3309
Henry Whitaker (henry.whitaker@usdoj.gov)
(202) 514-3180
Attorneys, Civil Division, Appellate Staff
Department of Justice
950 Pennsylvania Ave., NW Room 7256
Washington, D.C. 20530
Joseph Zernik
By: ______________
JOSEPH ZERNIK
Intervenor, In Pro Se
2231 South Court
Palo Alto, CA 94301
Telephone: (323) 521-6209
Facsimile (213) 261-9881
jz12345@earthlink.net
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9: REQUEST FOR CM/ECF PASSWORD