Wednesday 2/18/98 6:04 PM
J Orlin Grabbe
John Young
Authentication
John Young has been sent a copy of ORDER with SEPARATE
PAGE marked
FILED
UNITED STATES DISTRICT COURT
ALBUQUERQUE, NEW MEXICO
February 10, 1998
US District Court
District of New Mexico
Digital File Stamp
...
This document consists of an official stamp of the Court and, if
attached to the
document identified above, servers and endorsed copy of the pleading.
It may be
used in lieu of the CourtÂ’s mechanical file stamp for the named document
only, and
misuse will be treated the same as misuse of the CourtÂ’s official
mechanical file
stamp. The CourtÂ’s digital signature is a verifiable mathematical
computation unique
to the filed document and the CourtÂ’s private encryption key. This
signature assures
that any changes can be detected.
Attached is SvetÂ’s ORDER. WITH NO MARKINGS ON IT.
Grabbe, perhaps I should modify the ORDER SLIGHTLY and return this to
the court
claiming that I believe that I have recieved a COUNTERFEIT COPY of
SvetÂ’s
decision.
And, would the court please verify if the copy I sent them was authentic
or not.
And, too, tell me WHY they knew that it was a counterfeit or authentic.
But this is why we have back-ups.
ALLAHU AKBAR!
Perhaps the opposition has more brains than our [?] side.
But first things first.
bill
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
William H. Payne )
Arthur R. Morales )
)
Plaintiffs, )
)
v ) CIV NO 97 0266
) SC/DJS
)
Lieutenant General Kenneth A. Minihan, USAF )
Director, National Security Agency )
National Security Agency )
)
Defendant )
PLAINTIFFS' RESPONSES TO JUDGE SVET'S ORDER FILED January 28, 1998, ORDER FILED February 10, 1998, AND AFFIDAVIT OF ATTORNEY FEE IN ACCORDANCE WITHCOURT ORDER FILED 98 FEB-9
1 COMES NOW plaintiffs Payne and Morales [Plaintiffs] to respond
to two ORDERs and AFFIDAVIT.
2 Magistrate judge Svets [Svet] writes in ORDER filed January 28, 1998.
IT IS FURTHER ORDERED THAT sanctions will be granted and
counsel for Defendant shall submit an affidavit outlining her costs
and fee in bring the Motion within ten days of entry of this Order.
Plaintiffs may respond within ten days of service of Defendant's
affidavit.
3 Svet states in ORDER filed January 28, 1998
Plaintiff's attempt at discovery violates this Court's Order entered June
11 , 1997.
4 June 11 order states,
THIS MATTER come before the Court sua sponte following
an Initial Scheduling Conference held June 5, 1997. The
establishment of deadline for discovery and pre-trial pleading is
necessary for the orderly hearing of this case. However, this case
in not one in which an Initial Pre-trial pleading will assist the
Court. Accordingly, such a document will not be entered. Further,
the parties will not be permitted to undertake any discovery in this
matter absent Court permission. The parties shall submit any
proposed discovery to the Court for approval, accompanied by a
motion to permit discovery and a memorandum of points and
authorities explaining the need for that discovery.
IT IS THEREFORE ORDERED that the following deadlines
are hereby established:
1. The parties shall complete discovery necessary by
September 3,
1997.
2. Motions relating to discovery shall be filed no later
than September 23, 1997.
3. All pretrial motions regarding matters other than
discovery shall be filed by October 3, 1997.
4. The Pre-Trial Order shall be provided as follows:
Plaintiffs to Defendants by November 3, 1997;
Defendants to the Court by November 18, 1997.
IT IS FURTHER ORDERED that discovery in the matter shall only be
undertaken upon obtaining Court permission. The parties shall
submit any proposed discovery to the Court for approval,
accompanied by a motion to permit discovery and a memorandum of
point and authorities explaining the need for that discovery.
signed
DON J. SET
UNITED STATES MAGISTRATE
5 Plaintiff's point out in UNOPPOSED MOTION FOR EXTENSION
OF TIME AND RESETTING TIME LIMITS FOR DISCOVERY
Rule 36 states,
Request for admission (a) A party may serve upon any other
party a written request for the admission, for the purposes of
the pending action only, of the truth of any matters within the
scope of Rule 26(b) set forth the request that relate to statements
or opinions of fact or of the application of law to fact including
the genuineness of any documents described in the request.
Copies of documents shall be served with the request unless
they have been or otherwise furnished or made available for
inspection and copying. The request may WITHOUT LEAVE
OF THE COURT, be served upon the plaintiff after
commencement of the action and upon any other party with
or after service of the summons and complaint upon that
party. ...
Plaintiffs capitalize WITHOUT LEAVE OF THE COURT.
6 Svet writes in ORDER filed January 28, 1998
On June 11, 1997 this Court ordered that any proposed
discovery must be approved by this Court.
Svet's above sentence violations Rule 36 of the Federal Rule
of Civil Procedure.
7 Svet writes in ORDER filed January 28, 1998
Further, Plaintiff's did not seek to take discovery prior to the
discovery deadline.
Svet FAILED TO RESPOND to Plaintiffs' UNOPPOSED MOTION
FOR EXTENSION OF TIME AND RESETTING TIME LIMITS
FOR DISCOVERY.
8 Svet writes in ORDER filed January 28, 1998
Finally, Plaintiffs, failed to serve counsel for Defendant and
instead served General Minihan. This violates Fed. R. Civ 5.
Plaintiffs DID SERVE General Minhan with first set of admissions
through US lawyer Mitchell on October 13, 1997 in full compliance with
Fed. R. Civ 5.
9 Svet writes in ORDER filed January 28, 1998
The fact that Plaintiffs are pro se does not relieve them from the burden
of complying with court orders and rules of civil procedure.
To the contrary, Svet flaunts in writing his disregard of truth and rules
of Civil Procedure.
Plaintiff have always attempted to follow the Federal Rules of Civil
Procedure and were always willing to correct any mistakes.
Svet, on the other hand, proceeds with an attempt to ignore the laws
IN WRITING of the United States.
Friday October 24, 1997 08:10 file criminal complaint affidavit with
Supreme Judge Antonin Scalia against judges Svet and Campos.
Scalia has not yet responded to Plaintiffs' criminal complaint affidavit.
Svet, by issuing ORDER filed January 28, 1998, must believe that Scalia
is going to cover-up for Svet's and Campos' judicial misconduct.
10 Svet writes in ORDER filed January 28, 1998
Further, Plaintiffs flagrant disregard of this Court's order warrants
the imposition of sanctions pursuant to Fed.R.Civ.P. 37
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that
Defendant's Motion to Strike and all of Plaintiff's First Set of Requests
for Admissions to Various Employees of the National Security Agency
and to Various Employees of Sandia National Laboratories is granted.
Svet cite no law or rules which prevent Plaintiffs' from requesting
admission from non-parties, therefore Plaintiff's must assume in the
interest of justice that Svet agrees with Plaintiff's procedure.
11 Svet ORDER FILED February 10, 1998 states
THIS MATTER comes before the Court on Plaintiffs' Motion to Remove
Docket Sheet Entry 14 and Associated Response file on June 24, 1997.
The matter of discovery was addressed in and Order entered June 11,
1997. Thus, Plaintiff's Motion is moot.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that
Plaintiffs' Motion to Remove Docket Sheet Entry 14 and Associated
Response is denied as moot.
Docket Sheet entry 14 posted 6/9/97 is
RESPONSE by defendant to motion to accept discovery plan of plaintiffs
as an unopposed motion before the Court (dmw) [Entry date 06/10/97]
5/23/97 Docket Sheet entry 9 Plaintiffs file
MOTION by plaintiff for order to accept discovery plan (dmw)
Defiant misses filing date for response to entry 9.
Therefore, Plaintiffs' file on 6/9/97 Docket Sheet entry 13
MOTION by plaintiff to accept discovery plan of plaintiffs are an
unopposed motion before the court (dwm)
In panic Defendant's lawyer US Mitchell submits on 6/9/97
Docket Sheet entry 14
RESPONSE by defendant to motion to accept discovery plan of plaintiffs
as an unopposed motion before the Court [13-1] (dwm) [Entry date
06/10/97]
Lawyer Mitchell, apparently realizing her legal procedureal blunder, is
forced to deposit her LATE MOTION in Court outside mailbox since entry was
not until June 10.
Svet, again, flaunts disregard for the Federal Rules of Civil Procedure
by ORDER FILED February 10, 1998 by ruling late motion moot.
Svet cites no authority to overrule dictates of Federal Rules of Civil
Procedure, and even local court rules, on timeliness.
Svet demonstrates again, IN WRITING, prejudice toward Defendant.
12 Svet NOT ONLY has shown, IN WRITING, his attempt to inhibit the legal
process specified in the Federal Rules of Civil Procedure but has engaged
in a proactive process of attempting to retaliate against Plaintiffs' in
their attempt to follow the Federal Rules of Civil Procedure.
Svet NEVER attempted to clarify procedures or rules so that either side
could correct any mistakes in civil procedure.
WHEREFORE
13 Plaintiffs' invoke
28 USC § 455. Disqualification of justice, judge, or magistrate
(a) Any justice, judge, or magistrate of the United States shall
disqualify himself in any proceeding in which his impartiality
might reasonably be questioned. ...
14 REMOVE judges Svet and Campos from this proceeding for clear
demonstration of pattern and practice of judicial misconduct IN
WRITING in this lawsuit.
15 ORDER judge Svet RESTRAINED from awarding sanctions against
Plaintiffs.
16 APPOINT new magistrate and judge to begin this lawsuit DE NOVO.
17 GRANT such other relief as the Court may deem just and proper.
Respectfully submitted,
_________________________
William H. Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111
_________________________
Arthur R. Morales
1024 Los Arboles NW
Albuquerque, NM 87107
Pro se litigants
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing memorandum
was mailed to Lieutenant General Kenneth A. Minihan, USAF,
Director, National Security Agency, National Security Agency,
9800 Savage Road, Fort George G. Meade, MD 20755-6000
and hand delivered to Jan E Mitchell, Assistant US Attorney,
525 Silver SW, ABQ, NM 87102 this Thursday February 19,
1998.
7
