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COMMONWEALTH OF MASSACHUSETTS

THE TRIAL COURT


MIDDLESEX SUPERIOR COURT

) CIVIL ACTION NO. 1981-CV-00050


MOHAN A HARIHAR )
)
Plaintiff )
)
v. )
)
WELLS FARGO NA, et al. )
)
Defendants )
)
)

PLAINTIFF OPPOSITION TO A RULE 16 CONFERENCE AND THE

DISCOVERY OF NEW EVIDENCE UNDER MASS. R. CIV. P. 60(b)(2)

The Plaintiff – Mohan A. Harihar respectfully makes clear to this Court, that he opposes

a RULE 16 Conference at this time, as it is considered premature. As grounds therefore, the

Plaintiff states the following:

1. JURISDICTION has yet to be established in this Court. Since filing the

EMERGENCY NOTICE on January 22, 2018 – nearly TWO (2) months ago, there

appears to be an unnecessary judicial delay in re-affirming the VOID Dismissal and

Transfer Order from the MA Land Court. The Plaintiff again re-states that this Court has

the complete MA Land Court docket that irrefutably shows how his evidenced

conclusions were reached. In no way, is a Rule 16 Conference needed to validate

whether or not this Court has jurisdiction to proceed further. There is nothing to “sort

through” here.
2. FRAUD ON THE COURT – by filing their motion, Defendants - the Perkinses and

MERS show the intention to: (1) ignore jurisdiction (and all other) issues; and (2)

continue deceiving this (and every other related) court. The Plaintiff therefore shows

cause to expand upon existing Fraud on the Court claims against these Defendants and

their attorney – Jeffrey B. Loeb, under Mass R. Civ. P. 60(b)(3) – here, in ALL related

MA State Courts and similarly under Fed. R. Civ. P. 60(b)(3) in the related Federal

litigation – HARIHAR v US BANK, et al, Certiorari Petition No. 18-7752. Until

these issues are JUSTLY resolved, each attempt by Defendants to purposefully deceive

the Court(s) will be addressed in similar fashion.

3. The Plaintiff respectfully restates that - based on his interpretation of the law, any

judicial officer who proceeds here before establishing jurisdiction for the record, will

be considered to have warred against the Constitution of The United States – an act of

Treason under ARTICLE III, Section 3. Should this occur (and as required by Federal

law), the Plaintiff will necessarily inform/update Governor Charlie Baker (R-MA) and

also the President of The United States (POTUS). All Defendants, their counsel and the

court clerk(s) will be considered as witnesses. Since the Commonwealth of

Massachusetts is a Defendant in the referenced Federal litigation, it will again

become necessary to file a supplement to Certiorari Petition No. 18-7752;

4. This court is already aware of the severity of evidenced claims raised against more than

FIFTEEN (15) Federal (and State) judicial officers. These evidenced claims have

resulted in an UNPRECEDENTED EIGHT (8) Federal Recusals thus far. Should the

presiding judge here disagree with ANY PART the Plaintiff’s assessment, clarification

will be requested for the record as to how their conclusion was reached (including exactly
which documents were reviewed), as it may (at minimum) bear impact to ongoing

Federal litigation;

5. If somehow, it is the intention of these Defendants to enter into a mutual agreement

discussion (Mass. R. Civ. P. 16(9)), it is the Plaintiff’s understanding that legally, they

should privately submit their proposal to the Plaintiff for consideration. Anything other

than a mutual agreement proposal is otherwise considered an attempt to continue

deceiving the Court(s).

6. NEW EVIDENCE Pursuant to Mass. R. Civ. P. 60(b)(2) – has now surfaced with the

sworn testimony of Wells Fargo CEO – Tim Sloan, before the House Financial Services

Committee on March 12, 2019. In his testimony and after an admission to mortgage-

related abuses, Mr. Sloan states that his company has reached out to every customer in an

effort to resolve these issues. This testimony clearly contradicts what has been evidenced

in this (and all related State/Federal) litigation over the past eight (8) years. In a statement

released Thursday, March 14, 2019 by the House Financial Services Committee,

Chairwoman Maxine Waters stated the following:

“It was very clear from Mr. Sloan’s testimony that Wells Fargo has failed to clean up

its act.” Remarkably, following his testimony, the OCC publicly rebuked Wells Fargo,

citing the bank’s ‘inability to execute effective corporate governance.’

While jurisdiction remains an issue here, this new evidenced testimony shows cause to

again amend all related State/Federal complaints, including: (1) Middlesex Superior

Court Docket No. 1181-CV-04499; (2) Northeast Housing Court Docket No.
11H77SP3032; (3) MA Land Court Docket No. 18-MISC000144; and (4) SCOTUS

Certiorari Petition No. 18-7752.

For the reasons described within, this Court should first address jurisdiction issues before

addressing ANYTHING ELSE related to this docket. The Court should also allow the Plaintiff

to AMEND his related complaint - Middlesex Superior Court Docket No. 1181-CV-04499,

based (at minimum) on the referenced new evidence from Defendant – Wells Fargo, and the

sworn testimony of its Chief Executive Officer, Tim Sloan.

Since this case is related to the referenced Federal litigation now before The United States

Supreme Court and includes matters perceived to impact National Security, the following

government offices/agencies/committees will necessarily receive copies of this filing (via email,

US Mail and/or social media):

a. POTUS (via www.whitehouse.gov);

b. US Secret Service;

c. Securities and Exchange Commission (SEC);

d. Office of the US Inspector General (OIG) - specifically, IG Michael Horowitz;

e. Department of Justice (DOJ) - specifically, US Attorney General, William Barr;

f. FBI;

g. Administrative Office of US Courts - specifically, Director James C. Duff;

h. House/Senate Judiciary Committees;

i. Governor Charlie Baker (R-MA);

j. US Senator Elizabeth Warren (D-MA);


k. US Senator Ed Markey (D-MA);

l. US Congresswoman Lori Trahan (D-MA); and

m. The MA Board of BAR Overseers

Copies of this email will also be made available to the Public and to media outlets nationwide

out of continued concerns for my personal safety and security. If your Honor has ANY

questions regarding any portion of this Response, or requires additional information, the

Plaintiff is happy to provide upon request.

The Plaintiff is grateful for this Court’s consideration.

Respectfully submitted,

Mohan a. Harihar
Plaintiff – Pro Se
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
Mo.harihar@gmail.com
March 15, 2019
CERTIFICATE OF SERVICE

I hereby certify that on March 15, 2019, I filed the foregoing REPLY with the Clerk of the
Court and counsel for the Defendants (listed below) via US Mail:

Jeffrey B. Loeb, Esq.


Rich May, PC
176 Federal Street
Boston, MA 02110
617.556.3871
JLoeb@richmaylaw.com

David E. Fialkow
K&L Gates, LLP
State Street Financial Center
One Lincoln Street
Boston, MA 02111
david.fialkow@klgates.com

Mohan A. Harihar
Plaintiff
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
Mo.harihar@gmail.com