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ANTHONY CHRISTINA, OFF-CAMPUS REPRESENTATIVE Plaintiff v. JOHN ZANG, CHIEF OF STAFF SPENCER MALLOY, CHAIR OF THE ASSEMBLY COURTNEY LENNARTZ, PRESIDENT Defendant : # -2013
EMERGENCY PETITION FOR WRIT OF MANDAMUS I. COMPLAINT
The petitioner brings this action of an Emergency Petition for Writ of Mandamus under the authority of Article VII. Section 7. of the Bylaws and Operational Code of the University Park Undergraduate Association (UPUA) Board of Arbitration to subpoena any record, file, transcript, report, or persons for examination in a trial in re. to the Petition for Review in the matter of Dray Krishnan et. al v. John Zang et. al. filed on January 9, 2013. Whereas the petitioner today is also a plaintiff in the aforementioned case seeking relief II. NATURE OF SITUATION
On January 9, 2013 Dray Krishnan et. al v. John Zang et. al. was filed with the UPUA Board of Arbitration. The case was filed under violations of 1. UPUA Budgetary Policy and 2. UPUA Code of Practical Standards (Policy #20-05). The items in question are moveable property—Apple iPads, and are such the property of UPUA, having been purchased with Student Activity Fee Money. With one of the alleged violations being (contained within the UPUA Budgetary Policy)
1. §18.104.22.168 Personal, non-contractual gain of any student faculty member, staff member or any other person exceeding fifty (50) dollars. The items in question should also be treated as discovery materials for the pending case, as the question in hand is whether or not they have been used in a personal matter (synching of accounts, applications, software). They should be taken immediately and securely into the care of the Board of Arbitration so to protect the Chain of Custody of Evidence and to prevent any tampering until the matter has been resolved. III. REQUESTED RELIEF
With the extremely costly and time sensitive nature of the iPads in question, and their whereabouts currently ambiguous (it is unknown if they currently reside in the UPUA Office or with individuals) the petitioner asks this Board under its authority under Article VII. Section 7. to speedily issue an Emergency Writ of Mandamus immediately seizing: 1. Apple 16 GB iPad with Retina Display (Black) Serial # PD510LL/A 2. Apple 16GB iPad with Retina Display (White) Serial # PD513LL/A 3. All accompanying items that were included within the original packaging—chargers, cases, manuals, box, etc. Due to the sensitive nature of the matter at hand, the petitioner asks that if this Board does grant the Writ, that all efforts of confidentiality and privacy be taken to serve this Writ to whomever currently posses the items so that the items current condition and electronic state is preserved for the record.
January 10, 2013
Anthony Christina, Off-Campus Representative firstname.lastname@example.org