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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.

Dated: December 18th , 2009 /s/


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 212-
614-6464 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:

Wynne P. Kelly, Ms. Maria J. Rivera, Esq.


Assistant United States Attorney TEXAS OFFICE OF THE ATTORNEY GENERAL
555 4th St., N.W. P.O. Box 12548
Washington, D.C. 20530 Austin, TX 78711
(202) 305-7107 (512) 475-4099
Email: wynne.kelly@usdoj.gov Email: maria.rivera@oag.state.tx.us
Representing: Federal Defendants Representing: the State of Texas

John Marcus McNichols, Esq. Seth E. Goldstein,


WILLIAMS & CONNOLLY, LLP Deputy Attorney General
725 12th Street, NW California Department of Justice
Washington, DC 20005 Office of the Attorney General
(202) 434-5043 1300 “I” Street – Suite 125
Email: jmcnichols@wc.com Sacramento, California 94244-2550
Representing: (916) 327-2364
the Maryland Province of the Society of Jesus Email: seth.goldstein@doj.ca.gov
Representing: the State of California
John Michael Bredehoft, Esq.
KAUFMAN & CANOLES, P.C. Stephen Kitzinger,
150 West Main Street – P.O. Box 3037 Assistant Corporation Counsel
Norfolk, VA 23514 New York City Law Department
(757) 624-3225 Fax: (757) 624-3169 Office of Corporation Counsel
Email: jmbredehoft@kaufcan.com 100 Church Street
Representing: New York, New York 10007
The New York Province of the Society of Jesus (212) 788-0849 Fax: (212) 788-8877
Email: skitzing@law.nyc.gov
Representing: The city of New York and Mayor

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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
'1 ~ ' C T ? i i ~COURT
T
Senior District Judge ~inad)ershon'il ' ?Ic TRICT
For the United States District c o d for b '6
The Eastern District of New York
225 Cadman Plaza East
Brooklyn, New York 11201

Regarding: ACORN et al. v. U.S.A. et al. (09m-4888) (NG) (LB)


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
b 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.

-
3. Motions A. Pre-Motion Conferences in Civil Cases. For discovery motions, 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).
'L 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 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

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 /s/


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 212-614-
6464 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 • Andrew Cuomo New York State Attorney
Floor New York, NY 10012 General 120 Broadway 24th Floor New
York New York 10271
• Peter D. Leary USAAG Department of
Justice 20 Massachusetts Avenue, NW
Room 7322 Washington, DC 20530

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 /s/


Brooklyn, New York _________________________
Christopher- Earl : Strunk