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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 NOTICE RE: SCHEDULED 05/14/19 RULE 16 CONFERENCE

The Plaintiff – MOHAN A. HARIHAR, a pro se litigant, respectfully informs the Court of

the following – including specific requests for the approaching Rule 16 conference scheduled

for 05/14/2019:

1. The Plaintiff requests clarification to confirm this Rule 16 conference is open for the

general Public to attend, including the Media. The Plaintiff has consistently stated his

concerns for personal safety and security – concerns which continue to be ignored by

both the Court(s) as well as by State/Federal Prosecutors.

2. This Court is aware that claims against the named Defendants AND their retained

counsel include evidenced criminal complaints filed with both the Massachusetts

Office of the Attorney General (MA AGO) and the US Department of Justice (DOJ).

This is just one (1) of the primary issues to be addressed at this scheduled Rule 16

conference. The Plaintiff has respectfully delivered email communications to MA


Attorney General Maura Healey and to US Attorney Andrew Lelling (MA) –

informing both Offices of the upcoming conference1; and requests for their

attendance to officially inform the Court of their intentions to bring criminal

indictments against all named Defendants and counsel. Please be advised, based on

these evidenced criminal complaints, any failure by prosecutors to bring criminal

indictments against referenced parties will show cause to expand upon (or file new)

existing Color of Law and Due Process violations against the Commonwealth and

separately against The United States.2 The Plaintiff requests that the Court issue a

timely order requiring the attendance of the MA AGO and the US Attorney’s office

for the purpose of providing for the record - their respective intentions to bring

criminal indictments against all referenced parties.

3. To be clear, if it is revealed that the MA AGO does not intend to bring criminal

indictments against all named Defendants, the Plaintiff will (at minimum) show cause

to expand upon (or file NEW) Due Process/Color of Law violations against the

Commonwealth.

4. Similarly, if the US Attorney’s Office (MA) reveals that it does not intend to bring

criminal indictments against all named Defendants, the Plaintiff will (at minimum)

show cause to expand upon (or file NEW) Due Process/Color of Law violations

against The United States.

5. The Plaintiff has now evidenced before the American Public systemic judicial abuses

of power at EVERY level of the Massachusetts State Judiciary AND the Federal

1
See Exhibit 1.
2
The Plaintiff references the related Federal Complaints: (1) HARIHAR v US BANK, et al, Certiorari Petition No.
18-7752, which includes the Commonwealth as a Defendant; and (2) HARIHAR v THE UNITED STATES,
Appeal No. 17-2074.
Judiciary, including the Supreme Court of The United States (SCOTUS). If after a

THOROUGH review of this litigation’s eight 8-year history, this Court fails to

recognize or acknowledge ANY: (1) judicial failures; (2) erred judgments; or (3)

misconduct by the Defendants AND their retained counsel, it will add incrementally

to claims against this Commonwealth and show cause for recusal. As part of the

issues to be addressed at the Rule 16 Conference, there is a clear expectation for the

Hon. Judge Maureen Hogan to identify and correct erred judgements made by: (1)

this Middlesex Superior Court; (2) the Northeast Housing Court; and (3) the MA

Land Court – including the improper Transfer of this Docket. Any failure to do so

will add incrementally to evidenced and systemic abuses of judicial power.

6. The Plaintiff respectfully requests that the Defendants provide for the record – in

writing and prior to the scheduled Rule 16 conference, whether or not they are

willing to enter into a mutual agreement discussion.

7. This Court is respectfully reminded that another primary issue for discussion includes

the UNOPPOSED – Mass. R. Civ. P. 60(b)(3), Fraud on the Court claim, which

was blatantly ignored by THIS Court.3 Based on this clearly evidenced and

PUBLISHED FACT, the Plaintiff is under NO obligation to even consider entering

into a mutual agreement discussion with these Defendants. However, as a sign of his

continued GOOD FAITH, Mr. Harihar is willing to extend this opportunity to reach

a mutual agreement on the CIVIL portions of this complaint. If Defendants state for

the record that they have no interest in reaching a mutual agreement, this Court must

correct their previous errors and uphold the evidenced Rule 60 claim with a

3
The Plaintiff references Middlesex Superior Court Docket No. 1181CV04499.
DEFAULT judgement in favor of the Plaintiff – Mohan A. Harihar, with

prejudice.

8. Another issue for discussion involves related litigation in the Lowell District Court –

Jeanne D’Arc Credit Union v. Mohan A. Harihar, Docket No. 1211SP442. The

financial hardship caused by this identified illegal foreclosure – continues

UNNECESSARILY for the following reasons: (1) judicial errors; (2) failures by

state/federal prosecutors; and (3) the Defendants refusal to reach a mutual agreement.

Therefore, the Plaintiff also seeks this court’s assistance with the following: (1) A

STAY order issued against ALL creditors while this litigation over the identified

illegal foreclosure and subsequent damages is ongoing; and (2) consideration for a

TRANSFER of the District Court docket to this Superior Court – since the cause of

Plaintiff’s financial hardship stems from the evidenced actions of these Defendants

combined with the Commonwealth’s evidenced errors/nonfeasance.

9. Corrective action is also necessary as it pertains to previously requested

INJUNCTIVE RELIEF, (at minimum) including housing and transportation.

Please be advised, based on the Plaintiff’s interpretation of the law, any attempt by a presiding

judicial officer to continue these proceedings without FIRST clarifying jurisdiction – for the

record, will be interpreted as an act of Treason under ARTICLE III. The Plaintiff respectfully

restates this Court should FIRST: (1) initiate CORRECTIVE action associated with referenced

erred judgments related to this docket; and (2) determine whether parties are willing to consider

entering into a mutual agreement discussion before proceeding further.


Please be advised – collectively, this State litigation is related to referenced Federal

litigation and includes matters perceived to impact National Security. Therefore, the

following government offices/agencies/committees will necessarily receive copies of this filing

(via email, US Mail and/or social media):

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

2. US Secret Service;

3. Securities and Exchange Commission (SEC);

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

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

6. FBI;

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

8. House/Senate Judiciary Committees;

9. Governor Charlie Baker (R-MA);

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

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

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

13. US Congresswoman Ayanna Pressley (D-MA)

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

documentation purposes and out of continued concerns for my personal safety and security.

If your Honor has ANY questions regarding ANY portion of this Notice, 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)
May 6, 2019 Mo.harihar@gmail.com
Exhibit 1
Mohan Harihar <moharihar@gmail.com>

Attendance Requested: 5/14/19 Rule 16 Conference


Mohan Harihar <moharihar@gmail.com> Mon, May 6, 2019 at 12:51 PM
To: andrew.lelling@usdoj.gov, maura.healey@state.ma.us
Cc: NewYorkComplaints Dojoig <dojoig.newyorkcomplaints@usdoj.gov>, theresa.watson3@usdoj.gov,
mary.murrane@usdoj.gov, christina.sterling@usdoj.gov, Press@usdoj.gov,
"Constituent.services@state.ma.us" <constituent.services@state.ma.us>,
elizabeth_warren@warren.senate.gov, Nora_Keefe@warren.senate.gov,
Nairoby_Gabriel@warren.senate.gov, sydney_levin-epstein@markey.senate.gov,
lori.trahan@mail.house.gov, chairmanoffice@sec.gov, CommissionerJackson@sec.gov,
CommissionerPeirce@sec.gov, CommissionerStein@sec.gov, jesse.boodoo@state.ma.us,
ayanna.pressley@mail.house.gov, Arthur T Deguglielmo <arthur.deguglielmo@jud.state.ma.us>, "Jeffrey
B. Loeb" <JLoeb@richmaylaw.com>, david fialkow <david.fialkow@klgates.com>

Dear US Attorney Andrew Lelling and MA Attorney General Maura Healey,

As you know, formal state and federal criminal complaints have long been filed against the
Defendants (including their retained counsel) associated with:

1. Ongoing Federal litigation - HARIHAR v US BANK et al (Certiorari Petition No. 18-7752),


HARIHAR v THE UNITED STATES (Appeal No. 17-2074), and HARIHAR v HOWARD
(Docket No. 18-cv-11134); and
2. Ongoing State litigation - HARIHAR v US BANK et al, proceeding in the Middlesex
Superior Court, Docket No. 1981-CV-00050.

On Tuesday, May 14, 2019, a Rule 16 Conference is scheduled in the Middlesex Superior Court
(Woburn, MA) for the purpose of discussing multiple issues impacting this litigation. These issues
include the evidenced criminal complaints filed against named Defendants including their retained
counsel - and the Plaintiff's intention to enjoin the civil complaint(s) with criminal indictments. Both the
MA AGO and the US Attorney's Office are requested to attend this scheduled conference, for the
purpose of informing the Court as a matter of record - their respective intentions to bring criminal
indictments against referenced parties. Please be advised, a copy of this email communication will be
included in a Notice to the Court. Respectfully, both offices are aware that this State litigation is
related to referenced Federal litigation and includes matters perceived to impact National
Security. Therefore, the following government offices/agencies/committees will necessarily receive
copies of this communication (via email, US Mail and/or social media):

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


2. US Secret Service;
3. Securities and Exchange Commission (SEC);
4. Office of the US Inspector General (OIG) - specifically, IG Michael Horowitz;
5. Department of Justice (DOJ) - specifically, US Attorney General, William Barr;
6. FBI;
7. Administrative Office of US Courts - specifically, Director James C. Duff;
8. House/Senate Judiciary Committees;
9. Governor Charlie Baker (R-MA);
10. US Senator Elizabeth Warren (D-MA);
11. US Senator Ed Markey (D-MA);
12. US Congresswoman Lori Trahan (D-MA); and
13. US Congresswoman Ayanna Pressley (D-MA)

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

documentation purposes and out of continued concerns for my personal safety and security. If

you have ANY questions regarding ANY portion of this Notice, please advise. Thank you for your

attention to this very serious matter.

Respectfully submitted,

Mohan a. Harihar
Plaintiff – Pro Se
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
CERTIFICATE OF SERVICE

I hereby certify that on May 6, 2019, I filed the foregoing Opposition with the Clerk of the
Court and counsel for the Defendants (listed below) via US Mail and Email Communication:

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