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CES Letter to Clerk EDNY 09-Cv-4888 121809

CES Letter to Clerk EDNY 09-Cv-4888 121809

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Strunk's Notice of intent for appearance at the Tuesday Hearing 12/22/09 in re Petitioner Request for Pre-motion conference to intervene as of right and to reconsider the 12/11/09 Decision and Order of Defendants Reply to responses due Monday 12/21/09. That this Notice is done following a phone call to Victor Joe, the Case manager, to ascertain the status of the Letter which has not been entered into the docket and that Declarant stated he would be present at the Hearing on Tuesday December 22. 2009; and is prepatory of an Original Proceeding in 2nd Circuit for a Extraordinary Writ of Mandamus on Wednesday absent substantive due process.
Strunk's Notice of intent for appearance at the Tuesday Hearing 12/22/09 in re Petitioner Request for Pre-motion conference to intervene as of right and to reconsider the 12/11/09 Decision and Order of Defendants Reply to responses due Monday 12/21/09. That this Notice is done following a phone call to Victor Joe, the Case manager, to ascertain the status of the Letter which has not been entered into the docket and that Declarant stated he would be present at the Hearing on Tuesday December 22. 2009; and is prepatory of an Original Proceeding in 2nd Circuit for a Extraordinary Writ of Mandamus on Wednesday absent substantive due process.

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Published by: Christopher Earl Strunk on Dec 19, 2009
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12/18/2009

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Christopher-Earl: Strunk in esse 593 Vanderbilt Avenue - #281 Brooklyn, New York 11238 Cell phone: (845

) 901-6767 E-mail: chris@strunk.ws

Clerk of the Court For the United States District Court for The Eastern District of New York 225 Cadman Plaza East Brooklyn, New York 11201 Regarding: ACORN et al. v. U.S.A. et al. (09-cv-4888) (NG) (LB) Subject: Notice of intent for appearance at the Tuesday Hearing 12/22/09 in re Petitioner Request for Pre-motion conference to intervene as of right and to reconsider the 12/11/09 Decision and Order of Defendants Reply to responses due Monday 12/21/09. Clerk of the Court, I am Intervener-petitioner, Christopher-Earl: Strunk in esse, state under penalty for perjury with 28 USC §1746, that Declarant is self represented without being an attorney, that on December 16, 2009 I filed notice as a Letter with Local Rules, Chamber’s Rule 3 as to my request for a pre-motion conference for permission to file for intervention with Federal Rules for Civil Procedure (FRCvP) Rule 24(a) and Rule 24(b). That the Clerk of the Court filed my letter December 16, 2009 a copy of the stamped first page, see attached. That the Clerk has not entered the Letter into the Docket. However, at Docket 18 Defendants’ motion dated December 16, 2009 (Docket No. 11), defendants move for reconsideration of the Court’s December 11, 2009, opinion and order granting plaintiffs motion for a preliminary injunction. In the alternative, defendants seek amendment of the injunction. Plaintiffs, on December 17, 2009, submitted an amended complaint. Plaintiffs also seek modification of the preliminary injunction. Defendants are directed to file their response to plaintiffs motion by 5:00 PM on December 18, 2009. Plaintiffs are directed to respond to defendants motion by the same date and time. The parties are directed to appear for a hearing on their motions on Tuesday, December 22, 2009, at 2:30 PM, in Courtroom 6D South, 225 Cadman Plaza East, Brooklyn, New York. Ordered by Senior Judge Nina Gershon on 12/17/2009. Per Chamber’s Rule 3, Plaintiffs and Defendants are to respond to the Letter by Monday and as such Declarant will seek to speak at the hearing in reply as the Decision and Order directly affects Declarant in an ongoing case Strunk v. The US Department of Commerce Bureau of Census et al. DCD 09-cv-1295 before District Judge Richard J. Leon with an 18 USC 1964(c) cause of action in which Plaintiffs are alleged associates-in-fact in the Enterprise in the conduct of the 2010 Census Enumeration that injures Declarant.

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That this Notice is done following a phone call to Victor Joe, the Case manager, to ascertain the status of the Letter which has not been entered into the docket and that Declarant stated he would be present at the Hearing on Tuesday December 22. 2009. /s/ Dated: December 18th , 2009 Brooklyn New York __________________________ Christopher-Earl: Strunk in esse 593 Vanderbilt Avenue #281 Brooklyn, New York 11238 (845) 901-6767 / chris@strunk.ws cc:
• • • • • • Magistrate Judge Lois Bloom Darius Charney, Esq. Center for Constitutional Rights 666 Broadway, 7th Floor New York, NY 10012 212614-6464 Fax: 212-614-6499 Email: dcharney@ccrjustice.org Peter D. Leary USAAG Department of Justice 20 Massachusetts Avenue, NW Room 7322 Washington, DC 20530 (202)514-3313 Fax: (202)616-8470 Email: peter.leary@usdoj.gov, bradley.cohen@usdoj.gov, franklin.amanat@usdoj.gov Andrew Cuomo New York State Attorney General 120 Broadway 24th Floor New York New York 10271 New York State Supreme Court Justice David I. Schmidt 360 Adams Street Brooklyn New York 11201 Counsels to parties in Strunk v. The US Department of Commerce Bureau of Census et al. DCD 09-cv-1295 before District Judge Richard J. Leon: Ms. Maria J. Rivera, Esq. TEXAS OFFICE OF THE ATTORNEY GENERAL P.O. Box 12548 Austin, TX 78711 (512) 475-4099 Email: maria.rivera@oag.state.tx.us Representing: the State of Texas Seth E. Goldstein, Deputy Attorney General California Department of Justice Office of the Attorney General 1300 “I” Street – Suite 125 Sacramento, California 94244-2550 (916) 327-2364 Email: seth.goldstein@doj.ca.gov Representing: the State of California Stephen Kitzinger, Assistant Corporation Counsel New York City Law Department Office of Corporation Counsel 100 Church Street New York, New York 10007 (212) 788-0849 Fax: (212) 788-8877 Email: skitzing@law.nyc.gov Representing: The city of New York and Mayor

Wynne P. Kelly, Assistant United States Attorney 555 4th St., N.W. Washington, D.C. 20530 (202) 305-7107 Email: wynne.kelly@usdoj.gov Representing: Federal Defendants John Marcus McNichols, Esq. WILLIAMS & CONNOLLY, LLP 725 12th Street, NW Washington, DC 20005 (202) 434-5043 Email: jmcnichols@wc.com Representing: the Maryland Province of the Society of Jesus John Michael Bredehoft, Esq. KAUFMAN & CANOLES, P.C. 150 West Main Street – P.O. Box 3037 Norfolk, VA 23514 (757) 624-3225 Fax: (757) 624-3169 Email: jmbredehoft@kaufcan.com Representing: The New York Province of the Society of Jesus

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~'CT?ii~T COURT Senior District Judge ~inad)ershon'i ' ?Ic TRICT l For the United States District c o d for b The Eastern District of New York 225 Cadman Plaza East Brooklyn, New York 11201
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Christopher-Earl: Strunk in esse 593 Vanderbilt Avenue #28 1 Brooklyn, New York 11238 Cell phone: (845) 901-6767 E-mail: chris@strunk.ws

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Regarding: ACORN et al. v. U.S.A. e al. (09m-4888) (NG) (LB) t Subject: Request for Pre-motion conference to intervene as of right and to reconsider the 12111/09 Decision and Order of Defendants Senior Judge,NinaGershon, I am the Intervener-petitioner, Christopher-Earl: Stnmk in esse, state under penalty for perjury with 28 USC 5 1746, that Declarant is self represented without being an attorney, hereby requests with Local Rules, Chamber's Rule 3 ('I a pre-motion conference for permission to file for: (i.) the intervener-petitionernotice of motion to intervene as of right and leave as a permissive Intervener-Defendant, that with Federal Rules for Civil Procedure (FXCvP) Rule 24(a) and Rule 24@); (ii.) reconsideration of the December 11,2009Decision and Order enjoining Defendants in that the Court has made errors in matters of equity and law that exceed discretion in that the remedy afforded neglects readily available process that should be afforded to protect unnamed individuals injured by Plaintiffs involvement in the alleged racketeering enterprise otherwise properly protected by the Defendants Continuing Resolution (CR), (iii) defense and cross motion that there is an absence of essential parties-in interest; (iv.) defense that no jurisdiction is afforded with the clean hands doctrine as Plaintiffs are estopped fiom seeking equity remedy; (v.) otherwise this matter goes to Declarant's additional application that the Judge recuse fiom further hearing with 28 USC $455, applies in appearance of a fiiendly case is the Court's impropriety bias antithetical to the oath to uphold the Constitution, favors the Jesuit Doctrine of "Social Justice" disclosed by Plaintiffs' counsel at paragraph 1 of the Complaint. follow Local Civil Rules 37.3 and 6.4. For motions other than discovery motions, in all cases w$ere the parties are represented by counsel and in other than habeas corpuslprisoner petitions and Social Security and Bankruptcy appeals, a pre-motion conference with the court is required before making any dispositive motion, or motion for a change of venue. To arrange a pre-motion conference, the moving party shall submit a letter not to exceed three (3) pages in length setting forth the basis for the anticipated motion. All parties so sewed must serve and file a letter response, not to exceed three (3) pages within seven (7) days from service of the notification letter. Service of the letter by the moving party within the time requirements of Rule 12 of the Fed. R. Civ. P. shall constitute timely service of a motion made pursuant to Fed. R. Civ. P. 12 (b).
3. Motions A. Pre-Motion Conferences in Civil Cases. For discovery motions,

b

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The term "social justice" was coined by the Jesuit Luigi Taparelli in the 1840s, based on the

Strunk Notice of Intent to Appear at the Tuesday December 22 2009 Hearing in re ACOR... Page 1 of 3

Strunk Notice of Intent to Appear at the Tuesday December 22 2009 Hearing in re ACORN et al. v. U.S.A. et al. EDNY 09-cv-4888
Friday, December 18, 2009 4:12 PM
From: "chris@strunk.ws" <chris@strunk.ws> To: dcharney@ccrjustice.org Cc: peter.leary@usdoj.gov, bradley.cohen@usdoj.gov, franklin.amanat@usdoj.gov, wynne.kelly@usdoj.gov, jmcnichols@wc.com, jmbredehoft@kaufcan.com, maria.rivera@oag.state.tx.us, seth.goldstein@doj.ca.gov, skitzing@law.nyc.gov

Christopher-Earl: Strunk in esse 593 Vanderbilt Avenue - #281 Brooklyn, New York 11238 Cell phone: (845) 901-6767 E-mail: chris@strunk.ws
Clerk of the Court For the United States District Court for The Eastern District of New York 225 Cadman Plaza East Brooklyn, New York 11201 Regarding: ACORN et al. v. U.S.A. et al. (09-cv-4888) (NG) (LB) Subject: Notice of intent for appearance at the Tuesday Hearing 12/22/09 in re Petitioner Request for Pre-motion conference to intervene as of right and to reconsider the 12/11/09 Decision and Order of Defendants Reply to responses due Monday 12/21/09.
Clerk of the Court, I am Intervener-petitioner, Christopher-Earl: Strunk in esse, state under penalty for perjury with 28 USC §1746, that Declarant is self represented without being an attorney, that on December 16, 2009 I filed notice as a Letter with Local Rules, Chamber's Rule 3 as to my request for a premotion conference for permission to file for intervention with Federal Rules for Civil Procedure (FRCvP) Rule 24(a) and Rule 24(b). That the Clerk of the Court filed my letter December 16, 2009 a copy of the stamped first page, see attached. That the Clerk has not entered the Letter into the Docket. However, at Docket 18 Defendants'

motion dated December 16, 2009 (Docket No. 11), defendants move for reconsideration of the Court's December 11, 2009, opinion and order granting plaintiffs motion for a preliminary injunction. In the alternative, defendants seek amendment of the injunction. Plaintiffs, on December 17, 2009, submitted an amended complaint. Plaintiffs also seek modification of the preliminary injunction. Defendants are directed to file their response to plaintiffs motion by 5:00 PM on December 18, 2009. Plaintiffs are directed to respond to defendants motion by the same date and time. The parties are directed to appear for a hearing on their motions on Tuesday, December 22, 2009, at 2:30 PM, in Courtroom 6D South, 225 Cadman Plaza East, Brooklyn, New York. Ordered by Senior Judge Nina Gershon on 12/17/2009.
Per Chamber's Rule 3, Plaintiffs and Defendants are to respond to the Letter by Monday and as such Declarant will seek to speak at the hearing in reply as the Decision and Order directly affects Declarant in an ongoing case Strunk v. The US Department of Commerce Bureau of Census et al. DCD 09-cv-1295 before District Judge Richard J. Leon with an 18 USC 1964(c) cause of action in which Plaintiffs are alleged associates-in-fact in the Enterprise in the conduct of the 2010 Census

http://us.mc576.mail.yahoo.com/mc/showMessage?sMid=0&filterBy=&.rand=75502400... 12/18/2009

Strunk Notice of Intent to Appear at the Tuesday December 22 2009 Hearing in re ACOR... Page 2 of 3

Enumeration that injures Declarant. That this Notice is done following a phone call to Victor Joe, the Case manager, to ascertain the status of the Letter which has not been entered into the docket and that Declarant stated he would be present at the Hearing on Tuesday December 22. 2009.

Dated: December 18th , 2009 Brooklyn New York

/s/ __________________________ Christopher-Earl: Strunk in esse 593 Vanderbilt Avenue #281 Brooklyn, New York 11238 (845) 901-6767 / chris@strunk.ws

cc: • Magistrate Judge Lois Bloom • Darius Charney, Esq. Center for Constitutional Rights 666 Broadway, 7th Floor New York, NY 10012 212-6146464 Fax: 212-614-6499 Email: • Peter D. Leary USAAG Department of Justice 20 Massachusetts Avenue, NW Room 7322 Washington, DC 20530 (202)514-3313 Fax: (202)616-8470 Email: peter.leary@usdoj.gov, bradley.cohen@usdoj.gov, franklin.amanat@usdoj.gov Andrew Cuomo New York State Attorney General 120 Broadway 24th Floor New York New York 10271 • New York State Supreme Court Justice David I. Schmidt 360 Adams Street Brooklyn New York 11201 • • Counsels to parties in Strunk v. The US Department of Commerce Bureau of Census et al. DCD 09-cv-1295 before District Judge Richard J. Leon: Wynne P. Kelly, Assistant United States Attorney 555 4th St., N.W. Washington, D.C. 20530 (202) 305-7107 Email: wynne.kelly@usdoj.gov Representing: Federal Defendants John Marcus McNichols, Esq. WILLIAMS & CONNOLLY, LLP 725 12th Street, NW Washington, DC 20005 (202) 434-5043 Email: jmcnichols@wc.com Representing: the Maryland Province of the Society of Jesus John Michael Bredehoft, Esq. KAUFMAN & CANOLES, P.C. 150 West Main Street - P.O. Box 3037 Norfolk, VA 23514 (757) 624-3225 Fax: (757) 624-3169 Email: jmbredehoft@kaufcan.com Representing: The New York Province of the Society of Jesus

Ms. Maria J. Rivera, Esq. TEXAS OFFICE OF THE ATTORNEY GENERAL

http://us.mc576.mail.yahoo.com/mc/showMessage?sMid=0&filterBy=&.rand=75502400... 12/18/2009

Strunk Notice of Intent to Appear at the Tuesday December 22 2009 Hearing in re ACOR... Page 3 of 3

P.O. Box 12548 Austin, TX 78711 (512) 475-4099 Email: maria.rivera@oag.state.tx.us Representing: the State of Texas Seth E. Goldstein, Deputy Attorney General California Department of Justice Office of the Attorney General 1300 "I" Street - Suite 125 Sacramento, California 94244-2550 (916) 327-2364 Email: seth.goldstein@doj.ca.gov Representing: the State of California Stephen Kitzinger, Assistant Corporation Counsel New York City Law Department Office of Corporation Counsel 100 Church Street New York, New York 10007 (212) 788-0849 Fax: (212) 788-8877 Email: skitzing@law.nyc.gov Representing: The city of New York and Mayor

http://us.mc576.mail.yahoo.com/mc/showMessage?sMid=0&filterBy=&.rand=75502400... 12/18/2009

United States District Court for the Eastern District of New York
In Case – ACORN et al. v. U.S.A. et al. EDNY 09-cv-4888
CERTIFICATE OF SERVICE On December 18, 2009, I, Christopher Earl Strunk, declare and certify under penalty of perjury pursuant to 28 USC §1746,

That I caused the service of Three (3) copies of the Christopher-Earl: Strunk in esse Notice of intent for appearance at the Tuesday Hearing 12/22/09 in re Petitioner Request for Pre-motion conference to intervene as of right and to reconsider the 12/11/09 Decision and Order of Defendants Reply to responses due Monday 12/21/09 in 09-cv-4888, declared December 18, 2009, and that each letter was placed in a sealed folder properly addressed with proper postage for United States Postal Service Delivery by mail upon: •

Darius Charney, Esq. Center for Constitutional Rights 666 Broadway, 7th Floor New York, NY 10012 Peter D. Leary USAAG Department of Justice 20 Massachusetts Avenue, NW Room 7322 Washington, DC 20530

Andrew Cuomo New York State Attorney General 120 Broadway 24th Floor New York New York 10271

And furthermore declarant also provided email notice to the following parties-in-interest: dcharney@ccrjustice.org, peter.leary@usdoj.gov , bradley.cohen@usdoj.gov , franklin.amanat@usdoj.gov, wynne.kelly@usdoj.gov , jmcnichols@wc.com , jmbredehoft@kaufcan.com, maria.rivera@oag.state.tx.us , seth.goldstein@doj.ca.gov , skitzing@law.nyc.gov ,
I do declare and certify under penalty of perjury: Dated: December 18th, 2009 Brooklyn, New York /s/ _________________________ Christopher- Earl : Strunk

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