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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 116728
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Hi Paul, I filed the Notice of Appeal motion and Notice of

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Hi Paul,
I filed the Notice of Appeal motion and Notice of Stay on the Protective motion and

Filed Motion to Compel him to attend a discovery dispute conference under rule 37-2

Yet he send me RFP's and insists that I must reply or produce and neither the Stay nor my request to hold conference under Rule 37-2 have any bearings

Is he right?
I have let Paul know that your question is waiting. If I can be of further assistance let me know.
Thank you for your question. I am sorry for the delay in responding, I had a client matter to deal with.

Until the stay is actually granted, you have to answer within the time specified on the RFP. Just because you filed the motion and request for stay does not mean they are automatic, once the court grants them then you do not have to respond to the RFP.

I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 116728
Experience: All corporate law, including non-profits and charitable fraternal organizations.
Law Educator, Esq. and other Business Law Specialists are ready to help you
Customer: replied 3 years ago.
Paul I received a package from the 9th circuit with all the dates

I did put Notice of Appeal and Notice of Stay on the Caption page do I need to now file a Separate document with the 9th circuit clerk asking for the Stay?
You need to file everything they sent you in the packet, you should file a new request for stay with the clerk as well.
Customer: replied 3 years ago.
Ok thanks let me look inside the package
Thank you. If you already filed a motion to stay and they sent you a new one, then file it with the 9th Cir.
Customer: replied 3 years ago.
Hi Paul,
I called the 9th Cir. Motion unit she looked up the docket and confirmed that my Morion to Stay is on Docket and is referred to a panel for decision:

It will take 6-8 weeks before it's reviewed and decided

Question: Should I file a separate declaration explaining the situation? Or they will just usually grant?

Q2- Can I Depose the ftc Lawyer and ask him why he waited 3 1/2 years and delayed so much gaming around the pending discoveries and at the same time misrepresenting to the court as IF ITS MY FAULT AS THE PARTY CAUSED DELAYS IN DISCOVERY etc.

I know why he is doing it:
A- He never expected that I stop him from getting a judgment by default and thought it's an slam donk
B- Making me tired to achieve his goal
C- Make me look bad
Thank you for your response.

1) You should have already filed a memorandum explaining why you need the motion to stay. If you have not filed a memorandum of support for the motion, then you need to do one as soon as possible with your case law, statutes and grounds for why your stay should be granted.

2) No you cannot depose the attorney from the other party I am afraid. He is doing it because he was doing his job. His job is to win cases for his client and as he does not represent you, he had no concern about getting you what the court was not forcing him to give you. That is why he did it, not to make you look bad or because he personally disliked you.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 116728
Experience: All corporate law, including non-profits and charitable fraternal organizations.
Law Educator, Esq. and other Business Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi Paul,


As usual after 2 years the court is siding with
the government regulator lawyer and is not willing to rule on the argument of the MSJ that I filed, stating that plaintiff counsel is right I have failed to qualify and everything I argued in MSJ is better to be determined in a Trial.


I have prepared a Motion to Reconsider. citing that this erroneous because:


e.g. In my MSJ I argued that the counsel has failed to comply with Rule 26, Rule 34 to produce an exact computation of his claim, and Rule 19 a Trial or Judgment cant be had because all the defendant entities were salvaged and dissolved by a Gov appointed Trustee, as such without them a Judgment or trial cannot be had.


Further I cited Congressional Act. 11 USC ss 78(j), the BK Discharge Injunction etc. and cases deciding on these Laws. Also cited Supreme Courts rulings that ruled previliges doesn't apply to a Gov when is seeking money especially a Gov Reg Agency


Yet completely ignores the conclusions of Law cited and cites there was NO qualifying arguments;


Can you please cite a Rule or any case that explains the purpose of a Motion for Summary Judgment and indeed the argued Laws and Rules are qualifying basis for a Pre-Trial MSJ disputes and courts ruling is necessary where party without following Rules e.g. Rule 34, or 19 etc. and other Acts of laws cannot be bound for trial


I know 99% he will deny the MTR again but at least then I can go to the 9th circuit, it is weird that rather than examining the evidence and remain impartial, seems that the court is automatically on their side. Even refusing to cite or examine the evidence that MFG was stealing cash from our Company.


By the way I pre-advance rated you lastnight

Thank you for your response.

The standard used by the courts in the 9th Cir. is: “Viewing the evidence in the light most favorable to the non-moving party, we must determine whether there are any genuine issues of material fact and whether the district court correctly applied the relevant substantive law.” See: Bamonte v. City of Mesa, 598 F.3d 1217, 1220 (9th Cir.2010)).

Thus, if there are any possible material facts in dispute, summary judgment is not going to be granted.
Customer: replied 3 years ago.
Thank you Paul,

Can I use what you wrote and cited in my Motion to Reconsider in the district court? I must file MTR then I can go to the 9th circuit!

Shouldn't the Court at least discuss the Arguments to Grant some and Deny Some?

Can you please elaborate as to what is considered as Material Fact?

How about IF the FRCP are violated, I read many cases after you advised me on Duty to produce computation that cases where dismissed as the courts said that when seeking money the first rule is to comply with this found all courts including SUPREME COURT,

Isn't this a qualifying factor?

The problem is that the order says court didn't read Movant's MSJ Because believes it didn't qualify!!

Shouldn't the Court to discuss and order cites the Movant's material Facts?
Thank you for your response.

You know we are not your legal representation and are not providing you legal advice, so nothing here is something you can use in your brief. You can use the information to direct you in your own research so you can find your case law and cite what you find in your own research.

If you believe the FRCP was also violated you can explain how in your motion as well.

A material fact is one necessary for a court to make a proper decision on the case.
Customer: replied 3 years ago.


So basically there was no reference to material facts a MTR is just as it was an error?



Material FACTS works both ways, correct?


e.g. The Bankruptcy Court discharge injunction that remains forever is one of them, right?


So IF Movant have established Material FACTS then the Court should entertain the arguments of a MSJ, correct?


e.g.Is GROSS misrepresentation a material FACT? as an example in his initially filed papers declared that the defendant Company that I worked for had 80 customers made claim, YET THE BK Court TRUSTEE produced a declaration that he had ONLY received ONE claim? isn't this a material FACT of gross misrepresentations and it is entitle to a MSJ ruling?


Overall I need your help to direct me to the rule that I can make enough argument that disregarding these above mentioned FACTS and denying to rule on the evidence is an error!


can you please help line to line of the questions so I can understand how to proceed to research

The rule is Rule 56 of the Federal Rules of Civil Procedure.

Unfortunately, I do not have ability to review enough of the facts and evidence in your case to do line by line help with your research.

The misrepresentation of facts is something for trial. You need to look in your case search for summary judgment and bankruptcy, because if the court is continuing with this matter it is because they want a presentation of facts to the court and a trial on it with witnesses it seems.


If you say facts are one way and the other side says something else, even if they are misrepresenting them right now, then the case is not suitable for summary judgment.

Customer: replied 3 years ago.

Thanks that is the whole point

The BK Trustee says he dissolved the companies and he NO longer is in position of documents as by Law he only has to maintain records for 5 years!! they hire a Shred it Truck and destroy everything over 5 years of age.


He already filed his final report and confirmed there were NO 80 customers and FOUND NO MISAPPROPERIATIONS particularly by me! I wasn't even paid


And the BK court discharged me


They are pissed at me because I blew the whistle on MF Global


So what would you do if you were in my shoes how can I even produced witnesses how do I argue a FAIR Trial cannot be had?


(e.g. former employees from 6 years ago no longer even living in CA) or examine all the documents that NO longer exist?


At least a general hint to get him entertain our Material FACTS?


In General Material FACTS goes both ways correct?


This is not something for summary judgment I am afraid, it is to be for trial.

You put the trustee on the stand to testify that had he found what was being alleged it would be in the court records and he would have taken action against you.

This is not summary judgment material, you are going to have to prepare all of these arguments for trial, you are just arguing in the wrong type of motion, you can argue these things in a trial, but because there is a disagreement in material facts between what you say and what they say, that is a trial issue.
Customer: replied 3 years ago.
Hi Paul,

The Judge is extremly a Government oriented, takes whatever the guy says for granted despite that I have had the BK Court Appointed Trustee testified to the contrary and established misrepresentation of Material FACTS.

Yet he thinks I in pro per should go and prove all these on a Trial and a jury decide!! Ha Ha when was it last time a Pro per can do this NEVER.

ANYWAY I have a question:
During the Bankruptcy Three diferent Forensic Accountant gave Declarations, all testified that I was NOT paid nor profited!!
2- The guy to this day had never produced a computation of his claim as required by FRCP and cause for dismissal, but again the Judge has let it GO.
I contacted the Forensic Accountant and she says she was not retained for this case and she wants $10,000, WHICH I do NOT have!! to pay again.



Thank you for your new question.

IF there were declarations and they testified on the court record, you can introduce the court record transcript and the declaration and they do not have to testify as to the testimony.

As far as going pro per, I would certainly not go pro per, I would still continue trying to find a local attorney who would work on a payment plan with the attorney or find a pro bono attorney who will assist you.
Customer: replied 3 years ago.
Thanks Paul,

The declarations were in connection with the Bankruptcy and related claims or in general, and NOT in particular with this Case, THEY BASICALLY SAY: I HAVE ANALYZED the debtor/defendants Book and Bank records, FOUND NO Fraud, Profit or even payments in particular to me none what so ever.

under which Rule citation can I get them admitted as supporting to my Defense in this matter?

Question TWO: Also the COURT Appointed Trustee found none of this Guy's allegations to be True, when filed his final Report and closed the Case, I MADE AN INTERROGATORY ASKING: Plaintiff is to Produce evidence of Neglect, Bias, or Fraud by the BK Court appointed Trustee which completely refutes all these allegations, otherwise Plaintiff Counsel's allegations are baseless fabrication!

I will try but this is Orange County they are all Rich and after money those who operate for pro bono have their hands full helping the hispanic community
Thank you for your response.

I understood they were in another case. They are not hearsay, they are an official record of a court proceeding and as such they are admissible.

IF the court finds not of the allegations true, then you can file a motion for sanctions for him filing a false or frivolous claim.
Customer: replied 3 years ago.
Well his entire claim is based on that I violated their code, however we were never under the jurisdiction of their agency, he is making this mambo jumbo up that because we put all the money into one account we violated their pooling regulation.

But this is how all coin stores operate in the U.S. when I saw him last week I asked him is their a double standard because 906 coin dealers in CA alone operate the same way since 1919, HE SAID YES, he is careless about what the other coin dealers do he is suing me!!

I already filed a complaint with the inspector General.

So it hangs on me proving to the court that:

His claim having jurisdiction as he goes is FALS .

And there is where I need help to have it considered as frivolous, what would you do?
Thank you for your reply.

I honestly would get an attorney locally to represent you if possible, and I know what you have said before about cost (but if you win you could get your attorney's fees paid for by the other party.

However you need to prove in court the custom and practice in the industry and prove that you did nothing improper and he knows that you did nothing improper and brought the suit anyhow.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 116728
Experience: All corporate law, including non-profits and charitable fraternal organizations.
Law Educator, Esq. and other Business Law Specialists are ready to help you
Customer: replied 3 years ago.
Hi Paul,

He filed this initial disclosure under Rule 26, which by the way was never part of Rule 26 meeting TWO YEARS AGO! And attached bunch Nanes telling the Court that he wants to Leave the door open Because he believes these people may have discoverable information and might be discovered at Trial and therefore needs to be able to present at Trial!

Can he

Can I object

Under what Ground should I object
You can object to the filing arguing it was out of time as it should have been filed 2 years ago.

You can also try to object if discovery has closed already.
Customer: replied 3 years ago.
CAN YOU PLEASE REPLY to these questions:The meeting under Rule 26 was in May of 2012 and I believe initial Disclosures were due thereafter CORRECT?Do I have to set a HEARING?What part of Rule 26 or any other Rules I need to CITE that HE WAS SUPPOSE TO MAKE THIS DISCLOSURE AT THAT TIME?And its late Now?And his recently DISCLOSURE IS IMPROPER CONSIDERING HE HAS HAD AMPLE AMOUNT OF TIME to file in timely manner!
Customer: replied 3 years ago.
LAST questions:

The meeting under Rule 26 was in May of 2012 and I believe initial Disclosures were due thereafter


Do I have to set a HEARING DATE?

What subsections of Rule 26 or any other FRCP I need to CITE to argue my OBJECTION that HE WAS SUPPOSE TO MAKE THIS DISCLOSURE AT THAT TIME?

And its late Now?

You do not need a hearing after the Rule 26 meeting, you were supposed to exchange mandatory disclosures. If he did not, then you have the right to file a motion to compel production if they did not produce. Also, if they failed to produce evidence based on the rule 26 conference, then you can also ask the court to refuse to allow the admission of the evidence under Rule 26
Customer: replied 3 years ago.
HI Paul,

Here is what he replied,:

He states: That he has filed Supplimentary to his Initial Disclosure and is in Comliance with Rule 26(e)

Is that TRUE OR THERE is a twist to it, that needed prior agreements or rukes that he had to follow?

Discoveries will Close March 30, 2014, He suddenly wants to conduct 6 OUT OF STATES Depositions of THIRD PARTY, by TELEPHONE that was NOT discussed or even mentioned in our Joint Conference previousely!!

CAN He do that ?
NOT only it is creating problems for me to try to be present BUT also by TELEPHONE NOT only we never discussed or consented to, BUT also one cannot look them into their eyes to make sure they are honest, 3 of them Lied for him before!

What are my OPTIONS to STOP these?

Can I call an EXPARTE considering that only 3 days is left?

PARTICUARLY: TWO of the NDIVIDUALS of those People listed on his NOTICE that he wants to issue tomorrow, are MF Global Inc. former Vice Presidents that raided our account along with 39,000, other people THAT HE WANTS TO have them answer his SELF SERVING QUESTIONS,, whereby they are DEFENDANTS in our LAW SUITS V MF Global and its excutives, one iOF IT ts a class action we are 8,973 Plaintiff's, the other one we are specificualy PLAINTIFF, his action will jepordizes ours and many other peopl'e claim!!

He has insisted that those of us claimed to be victim of MFG under their supervision have nothing to do with the October 31, 2011 MFG BK filing and exposure of FRAUD.

CALLING MF GLOBAL Inc's defrauding 39,000 people, $7 Billion missing assets and CASH, cooking Book and obtaining AUDIT over 6 years period

"AS AN unrelated "INCIDENT"

PS. Despitetof all the PR's by the Gov that M
all NFG Clients will be made whole, NO ONE has been PAID.

I think that I need to obtain an Emergency Cease and Desist, stopping these last minute SIX depositions of 3rd party by PHONE but HOW?


Thank you for your new questions.

1) Yes he can and has a duty to supplement his discovery and if he filed it then he should have sent you a copy of it so you need to ask him where it is if you did not get a copy.

2) As long as discovery is open he can do the depositions. You can object to telephonic depositions and file that objection in the court and also file a motion to quash the deposition if you have grounds to show they would serve no legitimate purpose to possibly uncover any information that could be introduced in court. As far as them being defendants in other suits, you need to argue that the very least the deposition be ordered by the court to only address the issues in this current suit.

You should also notify the class action attorneys because at this point they may intervene as well to seek to stop the depositions.
Customer: replied 3 years ago.
Thank you

Because we only have 3 days left to his scheduled 1 st telephonic deposition

should I file an Exparte

Or filing a common 30 days notice motion and notice of cease & desist should do it?
If you want to stop the deposition, you can seek to file the ex parte objecting to the depositions, but you should also let the attorneys know who are handling the other case because as you said it could impact their case too.
Customer: replied 3 years ago.
Will do Thank you

Happy Saint Patrick days
Customer: replied 3 years ago.
By the why can you please tell me what RULE or any other reference case should I CITE in support of my OBJECTION TO HIS LATE REQUEST for TELEPHONIC FEPOSITIONS

Thank you for your response.

I do not know what you can site here other than Rule 30, especially if you did not agree to do a telephonic deposition and the court has not approved one. The problem is that you are still within the discovery period and if they have not gone over their 10 depositions and the depositions are not only to annoy or harass the deponent, they are going to be allowed to get the depositions. So you are going to have to argue that you did not agree to the telephonic depositions and that they are waiting until the end of discovery to merely delay the process and not because the deponents will have any information that cannot be adduced during trial since they are defendants.