You are on page 1of 4

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 MOTION TO COMPEL THE ATTENDANCE OF DEFENDANTS –

JEFFREY AND ISABELLE PERKINS TO THE RULE 16 CONFERENCE

The Plaintiff – MOHAN A. HARIHAR, a pro se litigant, respectfully calls for the Court to

issue an order compelling the Defendants – Jeffrey and Isabelle Perkins to appear in person

for the approaching Rule 16 conference scheduled for Tuesday, May 14, 2019. As grounds

therefore, the Plaintiff states the following:

1. This Rule 16 Conference is scheduled at the request of Defendants – Jeffrey and

Isabelle Perkins. Unless the sole purpose for requesting this conference is to enter into a

mutual agreement discussion, it is unclear as to why this conference is even necessary.

The Plaintiff’s evidenced arguments of record clearly support not only jurisdiction issues,

but also include an UNOPPOSED – Fraud on the Court Claim under Mass. R. Civ.

P. 60(b)(3). Unless there is an intention to enter into a mutual agreement discussion -


once the Commonwealth corrects is erred judgement(s), the result MUST be a

DEFAULT, in favor of the Plaintiff, with prejudice.

2. The Court is respectfully reminded that there are evidenced state and federal criminal

complaints associated with this litigation. The Plaintiff has made clear that he intends to

enjoin the evidenced civil complaints with state/federal prosecutors for the specific

purpose of bringing criminal indictments against named Defendants. This Court has been

made aware through the NOTICE delivered on 05/06/19, of communications delivered

to the US Attorney’s Office and the MA AGO - and the request for their attendance at the

Rule 16 Conference for reasons stated (above).

3. The Court is respectfully reminded that BOTH the Massachusetts Office of the

Attorney General (MA AGO) AND the US Department of Justice (DOJ) have

identified the Plaintiff’s Property as an ILLEGAL FORECLOSURE. The Plaintiff’s

evidenced arguments align with these findings, indicating at minimum, that the

Defendants (both named and still to be named) KNEW that they had NO LEGAL

STANDING to the Plaintiff’s Property and still CONSPIRED to DEFRAUD him of his

HOMESTEAD. Clearly, there is an expectation that criminal indictments against these

Defendants are forthcoming, warranting their attendance in court. At minimum, attendees

for this Rule 16 Conference should include co-conspirators, Jeffrey and Isabelle

Perkins.1

4. Aside from evidenced criminal claims that include (but are not limited to) FRAUD, the

Defendant – Isabelle Perkins is believed to be a LICENSED REAL ESTATE

1
Moving forward, there is an expectation for the remaining Defendants – US BANK, WELLS FARGO and
MERS (also additional parties still to be named) to also be in attendance, once it is determined which corporate
officers/employees bear civil/criminal accountability.
INSTRUCTOR in the multiple states including the Commonwealth of Massachusetts.

The Plaintiff has made clear that he also seeks professional accountability against the

Defendants and their counsel for these evidenced crimes. ANY OBJECTIVE

OBSERVER should find it alarming (and unacceptable) to find any LICENSED REAL

ESTATE PROFESSIONAL/INSTRUCTOR associated with evidenced criminal

claims that include (but are not limited to) FRAUD. As a matter of record, this Court is

reminded that a professional complaint has long been filed with the Northeast

Association of Realtors (NEAR) against the Defendant – Isabelle Perkins.2 In the

professional complaint, the Plaintiff’s evidenced arguments irrefutably show non-

compliance with the National Association of Realtors (NAR) Code of Ethics.

For these reasons, the Plaintiff respectfully calls for an order mandating the personal appearance

of Defendants/Co-Conspirators – Jeffrey and Isabelle Perkins at the scheduled Rule 16

Conference on 05/14/19. If your Honor has ANY questions regarding ANY portion of this

Motion, 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

2
Professional complaints are similarly filed with Board of BAR Overseers against retained counsel in this case -
Jeffrey B. Loeb, Esq. (Rich May, PC) and David E. Fialkow, Esq (K&L Gates, LLP).
CERTIFICATE OF SERVICE

I hereby certify that on May 7, 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