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Mohan Harihar <moharihar@gmail.

com>

Re: Case No. 1981CV00050, HARIHAR v. US BANK, et al - 7/24/19


Hearing Conflicts
Mohan Harihar <moharihar@gmail.com> Thu, Jul 18, 2019 at 11:13 AM
To: Arthur T Deguglielmo <arthur.deguglielmo@jud.state.ma.us>
Cc: governor.schedule@state.ma.us, "Constituent.services@state.ma.us"
<constituent.services@state.ma.us>, NewYorkComplaints Dojoig
<dojoig.newyorkcomplaints@usdoj.gov>, theresa watson3 <theresa.watson3@usdoj.gov>, andrew lelling
<andrew.lelling@usdoj.gov>, mary murrane <mary.murrane@usdoj.gov>, christina sterling
<christina.sterling@usdoj.gov>, elizabeth warren <elizabeth_warren@warren.senate.gov>, Nairoby
Gabriel <Nairoby_Gabriel@warren.senate.gov>, Nora Keefe <Nora_Keefe@warren.senate.gov>, sydney
levin-epstein <sydney_levin-epstein@markey.senate.gov>, lori trahan <lori.trahan@mail.house.gov>,
ayanna pressley <ayanna.pressley@mail.house.gov>, chairmanoffice@sec.gov,
CommissionerJackson@sec.gov, CommissionerPeirce@sec.gov, CommissionerStein@sec.gov, igo-
fightfraud@state.ma.us, ma-igo-general-mail@state.ma.us, maura.healey@state.ma.us, "Jeffrey B. Loeb"
<JLoeb@richmaylaw.com>, david fialkow <david.fialkow@klgates.com>

Clerk Deguglielmo,

Before proceeding further, I want to make sure that I am understanding you correctly for the
record, as I am a pro se litigant with no legal experience. Therefore, I am going to respectfully
make this request one final time. There are (at minimum) FOUR (4) reasons for requesting a
postponement of next week's July 24, 2019 hearing. They are:

1. A conflict with my work schedule;


2. Court documents which have yet to be placed on the Docket;
3. The unnecessary judicial delay of NINE (9) Pending Motions; and
4. The recusals of two (2) judges from this case and the recent appointment of a new, third
presiding judge.

If you are stating in your attached emails that the Court WILL NOT postpone the referenced hearing
to a future date TBD (until ALL referenced issues are resolved), you are respectfully asked to clearly
articulate for the record how the Court arrived at that decision and under who's authority. You
are well aware of the severity of legal issues associated with this litigation, including the related
federal litigation that includes the Commonwealth of Massachusetts as a Defendant. Based on my
interpretation of your responses, it appears that as an officer of the Court, you are continuing to act in
a deceptive manner, providing vague responses to only a portion of the issues - for the specific
purpose of deceiving this Court. This is a concern as it appears to incrementally align with patterns
of corrupt conduct evidenced against this State's Judiciary - with the sole intention of arriving at a
corrupt and pre-determined outcome. Your conduct only re-affirms my concerns for a fair and just
outcome in this Court. Based on the history of this litigation, a fair and just outcome does not appear
likely. Any objective observer who has thoroughly reviewed the history of this litigation would
certainly agree. Therefore, based on the Plaintiff's interpretation of the law, unless there is immediate
corrective action initiated by this Court, a motion will be next be filed for removal of this complaint to
Federal Court, pursuant to 28 U.S. Code § 1446, including an expansion of the existing claims
against the Defendant - Commonwealth of Massachusetts (Referencing - HARIHAR v US BANK et
al, Certiorari Petition No. 18-7752, Appeal No. 17-1381 and Lower Court No. 15-cv-11880). The
expansion of existing claims against the Commonwealth includes (but is not limited to):
1. Fed. R. Civ. P. 60(b)(3) - Fraud on the Court;
2. 18 U.S.C. § 242 - Color of Law violations;
3. Due Process violations under the 14th Amendment;
4. 18 U.S.C. §§ 1962 - RICO violations; and
5. 18 U.S.C. § 371 - Conspiracy to Defraud The United States.

Based on my interpretation of the law, Sovereign/Judicial immunity as well as litigation privilege is


considered WAIVED when an evidenced Fraud on the Court claim exists - as is the case here. You
are also respectfully reminded that as a matter of record, an evidenced Misprision of Treason claim
has been filed against you personally, as well as against counsel of record, pursuant to 18 U.S. Code
§ 2382. Please provide a timely email response stating the Court's intentions to initiate corrective
action with this Docket on or before the close of business today, Thursday, July 18, 2019. Additional
updates will respectfully be communicated today to Governor Baker's Office.

Please be advised, since this civil complaint is related to: (1) ongoing Federal litigation; (2) evidenced
claims against the Commonwealth; and (3) matters perceived to impact National Security, it becomes
necessary to copy Governor Baker, the White House (via www.whitehouse.gov) and multiple
government offices/agencies on this communication (See above). Copies will also be made available
to the Public and to media sources nationwide, for documentation purposes and out of continued
concerns for my personal safety and security. Thank you for your attention to this very serious matter.

Respectfully,

Mohan A. Harihar
Plaintiff
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)

On Thu, Jul 18, 2019 at 8:06 AM Arthur T Deguglielmo <arthur.deguglielmo@jud.state.ma.us> wrote:


Most of the changes in scheduling have occurred as a result of the Court's calendar
and availability, and a request was made once by both sides to reschedule an event
and those requests were granted. The motions that you filed recently shouldn't deter
the Rule 56 arguments which were filed some time ago. The Court may defer on
those recent filings and address them after the Rule 56 motions are decided, but the
Court will have the filings in her possession prior to the hearing.

From: "Mohan Harihar" <moharihar@gmail.com>


To: "Arthur T Deguglielmo" <arthur.deguglielmo@jud.state.ma.us>
Cc: "Jeffrey B. Loeb" <JLoeb@richmaylaw.com>, "david fialkow"
<david.fialkow@klgates.com>, "governor schedule"
<governor.schedule@massmail.state.ma.us>, "Constituent.services@state.ma.us"
<constituent.services@massmail.state.ma.us>, "NewYorkComplaints Dojoig"
<dojoig.newyorkcomplaints@usdoj.gov>, "theresa watson3"
<theresa.watson3@usdoj.gov>, "andrew lelling" <andrew.lelling@usdoj.gov>, "mary
murrane" <mary.murrane@usdoj.gov>, "christina sterling"
<christina.sterling@usdoj.gov>, "elizabeth warren"
<elizabeth_warren@warren.senate.gov>, "Nora Keefe"
<Nora_Keefe@warren.senate.gov>, "Nairoby Gabriel"
<Nairoby_Gabriel@warren.senate.gov>, "sydney levin-epstein" <sydney_levin-
epstein@markey.senate.gov>, "lori trahan" <lori.trahan@mail.house.gov>, "ayanna
pressley" <ayanna.pressley@mail.house.gov>, ma-igo-general-
mail@massmail.state.ma.us, igo-fightfraud@massmail.state.ma.us, "maura healey"
<maura.healey@mass.gov>, chairmanoffice@sec.gov,
CommissionerJackson@sec.gov, CommissionerPeirce@sec.gov,
CommissionerStein@sec.gov
Sent: Wednesday, July 17, 2019 3:33:38 PM
Subject: Re: Case No. 1981CV00050, HARIHAR v. US BANK, et al - 7/24/19
Hearing Conflicts

Clerk Deguglielmo,

You have been informed of FOUR (4) reasons that impact the July 24th hearing
date, beginning with a conflict with my work schedule - all of which show cause to
postpone the hearing date until further notice. You are respectfully reminded that the
Court has previously accommodated opposing counsel when scheduling conflicts
have occurred. What's more concerning is the failure to address the Plaintiff issues
as stated. I will again respectfully request that the July 24, 2019 hearing be
rescheduled to a date TBD, once these issues are resolved (if necessary) and on a
day that does not conflict with my work schedule. Thank you for your attention to this
very serious matter.

Please be advised, since this civil complaint is related to: (1) ongoing Federal litigation; (2) evidenced
claims against the Commonwealth; and (3) matters perceived to impact National Security, it becomes
necessary to copy Governor Baker, the White House (via www.whitehouse.gov) and multiple
government offices/agencies on this communication (See above). Copies will also be made available
to the Public and to media sources nationwide, for documentation purposes and out of continued
concerns for my personal safety and security. Thank you for your attention to this very serious matter.

Respectfully,

Mohan A. Harihar
Plaintiff
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
On Wed, Jul 17, 2019 at 2:36 PM Arthur T Deguglielmo
<arthur.deguglielmo@jud.state.ma.us> wrote:
Mr. Harihar,
Those motions will be reviewed and taken up on the July 24th.

From: "Mohan Harihar" <moharihar@gmail.com>


To: "Arthur T Deguglielmo" <arthur.deguglielmo@jud.state.ma.us>, "Jeffrey B.
Loeb" <JLoeb@richmaylaw.com>, "david fialkow" <david.fialkow@klgates.com>
Cc: "governor schedule" <governor.schedule@massmail.state.ma.us>,
"Constituent.services@state.ma.us" <constituent.services@massmail.state.ma.us>,
"NewYorkComplaints Dojoig" <dojoig.newyorkcomplaints@usdoj.gov>, "theresa
watson3" <theresa.watson3@usdoj.gov>, "andrew lelling"
<andrew.lelling@usdoj.gov>, "mary murrane" <mary.murrane@usdoj.gov>,
"christina sterling" <christina.sterling@usdoj.gov>, "elizabeth warren"
<elizabeth_warren@warren.senate.gov>, "Nora Keefe"
<Nora_Keefe@warren.senate.gov>, "Nairoby Gabriel"
<Nairoby_Gabriel@warren.senate.gov>, "sydney levin-epstein" <sydney_levin-
epstein@markey.senate.gov>, "lori trahan" <lori.trahan@mail.house.gov>, "ayanna
pressley" <ayanna.pressley@mail.house.gov>, ma-igo-general-
mail@massmail.state.ma.us, igo-fightfraud@massmail.state.ma.us, "maura healey"
<maura.healey@mass.gov>, chairmanoffice@sec.gov,
CommissionerJackson@sec.gov, CommissionerPeirce@sec.gov,
CommissionerStein@sec.gov
Sent: Tuesday, July 16, 2019 11:52:02 AM
Subject: Re: Case No. 1981CV00050, HARIHAR v. US BANK, et al - 7/24/19
Hearing Conflicts

Clerk Deguglielmo and Counsel,

The Court has rescheduled a Summary Judgement hearing associated with the
above referenced complaint for Wednesday, July 24, 2019. However, I have a
scheduling conflict with my place of employment and cannot get coverage for that
day. In addition, the Clerk's office is aware of several unresolved issues which - for
reasons unknown, are still pending. They include the following:

1. Two (2) Plaintiff Notices bearing impact to this litigation - delivered by


email to your direct attention and by US Priority mail to the Court (and
Counsel) on June 29, 2019 and July 2, 2019, has yet to be placed on the
Docket. The Clerk's Office has refused to provide a reason for this
unnecessary delay. Counsel also serves as witness to these delays. The
Court is aware that the referenced Plaintiff Notices address evidenced
government failures related to this litigation within all three (3) branches of
government, including failures in this Middlesex Superior Court. The
Notices include formal letters to both Governor Charlie Baker (R-MA) and
President Donald J. Trump to address these evidenced failures within
state and federal government, including efforts to resolve the issues.
Counsel is also aware that the Plaintiff - Mohan A. Harihar, while under
NO legal obligation to do so, has again (in his continued Good Faith)
extended an opportunity to reach a mutual agreement with ALL parties.
2. There are NINE (9) Plaintiff Motions still pending before this Court - It
remains unclear as to WHY these motions, filed under Rule 9A on June 26,
2019, are still pending more that three (3) weeks later. All referenced
motions bear impact to the scheduling of any summary judgement hearing.
3. A Third Judge has just been assigned to this Docket - The Court is
aware that the Hon. Kenneth J. Fishman and the Hon. Maureen Hogan
have both recused themselves from this Docket. The Court is also aware
that as a matter of record - EIGHT (8) judicial officers associated with
this Superior Court are disqualified from ruling further in this (or any
related) litigation. Respectfully, based on the Plaintiff's interpretation of the
law, it would behoove this Court and the newly assigned Judge - the Hon.
Janice W. Howe, to first thoroughly review the entire 8-year history of this
litigation and to address these unresolved issues prior to scheduling any
summary judgement hearing.

Therefore, for these reasons (stated above), I respectfully request that the July 24,
2019 Summary Judgement Hearing be re-scheduled to a date TBD (if it even
becomes necessary), once ALL existing issues have been properly resolved.
Finally, the Plaintiff re-states that considering the severity of evidenced claims involving
Officers of the Court (including Counsel of record), I no longer feel comfortable having phone
communications regarding these serious issues and respectfully request that for documentation
purposes (and clarity) moving forward, any necessary communications between litigants, counsel
and/or the Clerk's office should be delivered by email and/or US mail only.

Please be advised, since this civil complaint is related to: (1) ongoing Federal litigation; (2) evidenced
claims against the Commonwealth; and (3) matters perceived to impact National Security, it becomes
necessary to copy Governor Baker, the White House (via www.whitehouse.gov) and multiple
government offices/agencies on this communication (See above). Copies will also be made available
to the Public and to media sources nationwide, for documentation purposes and out of continued
concerns for my personal safety and security. Thank you for your attention to this very serious matter.

Respectfully,

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

On Sun, Jul 14, 2019 at 11:03 AM Mohan Harihar <moharihar@gmail.com> wrote:

Clerk Deguglielmo,

As described in my 07/12/19 email (referenced below), there are multiple legal


concerns pertaining to the Clerk's Office, beginning with the apparent refusal to file
two (2) Notices on the Docket. In my email, I respectfully requested for the Docket to
be updated, or for you to provide a legitimate reason for these filing delays - in the
form of an email. Neither has occurred. Also, considering the severity of evidenced
claims involving Officers of the Court, I no longer feel comfortable having phone
communications and respectfully request that for documentation purposes - moving
forward, any necessary communications between litigants, counsel and/or the
Clerk's office are to be delivered by email only. Additionally, please be advised - any
continued failure to initiate immediate corrective action impacts: (1) Plaintiff Motions
still pending before this Court; (2) The scheduled hearing currently set for July 24,
2019; and (3) shows cause for removal to Federal Court, pursuant to 28 U.S. Code
§ 1446.

Please be advised, since this civil complaint is related to: (1) ongoing Federal litigation; (2) evidenced
claims against the Commonwealth; and (3) matters perceived to impact National Security, it becomes
necessary to copy Governor Baker, the White House (via www.whitehouse.gov) and multiple
government offices/agencies on this communication (See above). Copies will also be made available
to the Public and to media sources nationwide, for documentation purposes and out of continued
concerns for my personal safety and security. Thank you for your attention to this very serious matter.

Respectfully,

Mohan A. Harihar
Plaintiff
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
mo.harihar@gmail.com
On Fri, Jul 12, 2019 at 2:58 PM Arthur T Deguglielmo
<arthur.deguglielmo@jud.state.ma.us> wrote:
Received. You need empty your voice mail box. I tried calling you a moment ago.

From: "Mohan Harihar" <moharihar@gmail.com>


To: "Arthur T Deguglielmo" <arthur.deguglielmo@jud.state.ma.us>
Cc: "governor schedule" <governor.schedule@massmail.state.ma.us>,
"Constituent.services@state.ma.us" <constituent.services@massmail.state.ma.us>,
"NewYorkComplaints Dojoig" <dojoig.newyorkcomplaints@usdoj.gov>, "theresa
watson3" <theresa.watson3@usdoj.gov>, "andrew lelling"
<andrew.lelling@usdoj.gov>, "mary murrane" <mary.murrane@usdoj.gov>,
"christina sterling" <christina.sterling@usdoj.gov>, "elizabeth warren"
<elizabeth_warren@warren.senate.gov>, "Nairoby Gabriel"
<Nairoby_Gabriel@warren.senate.gov>, "Nora Keefe"
<Nora_Keefe@warren.senate.gov>, "sydney levin-epstein" <sydney_levin-
epstein@markey.senate.gov>, "lori trahan" <lori.trahan@mail.house.gov>, "ayanna
pressley" <ayanna.pressley@mail.house.gov>, chairmanoffice@sec.gov,
CommissionerJackson@sec.gov, CommissionerPeirce@sec.gov,
CommissionerStein@sec.gov, ma-igo-general-mail@massmail.state.ma.us, igo-
fightfraud@massmail.state.ma.us, "maura healey" <maura.healey@mass.gov>,
"Jeffrey B. Loeb" <JLoeb@richmaylaw.com>, "david fialkow"
<david.fialkow@klgates.com>
Sent: Friday, July 12, 2019 1:37:36 PM
Subject: Re: Case No. 1981CV00050, HARIHAR v. US BANK, et al, Rule 9A
Motions

Clerk Deguglielmo,

Please be advised, after multiple efforts to contact you directly via email and through
contacting the Middlesex Superior Court Clerk's Office by phone, it appears that the
Court shows no intention to formally file two (2) PLAINTIFF NOTICES that bear
impact to Docket No. 1981-cv-00050, HARIHAR v US BANK, et al. You are aware
that these Notices (Attached) include formal letter communications to both
Governor Charlie Baker (R-MA) as well to President Donald J. Trump -
concerning the evidenced failures associated with this State/Federal litigation,
involving all three (3) branches of government. By refusing to file these documents, it
appears that these failures continue here still - in this Superior Court. Based on my
interpretation of the law, this continued pattern of corrupt and deceptive conduct
shows cause to now expand upon existing claims against the Commonwealth,
including (but not limited to): (1) Color of Law violations -18 U.S.C. § 242; (2) Due
Process violations under the 14th Amendment; (3) RICO violations pursuant to
(at minimum) 18 U.S.C. §§ 1962; (4) Fraud on the Court - Fed. R. Civ. P 60(b)(3);
and (5) Conspiracy claims. It should appear clear to any objective observer that
the integrity of this Court remains compromised. Based on these evidenced claims
(including two recent recusals), it appears that this Superior Court intends to (again)
arrive at a corrupt and pre-determined outcome - showing cause for removal to
Federal Court, pursuant to 28 U.S. Code § 1446. Respectfully, if somehow there is a
legitimate reason for these filing delays, please advise via email communication.

Please be advised, since this civil complaint is related to: (1) ongoing Federal litigation; (2) evidenced
claims against the Commonwealth; and (3) matters perceived to impact National Security, it becomes
necessary to copy Governor Baker, the White House (via www.whitehouse.gov) and multiple
government offices/agencies on this communication (See above). Copies will also be made available
to the Public and to media sources nationwide, for documentation purposes and out of continued
concerns for my personal safety and security. Thank you for your attention to this very serious matter.

Respectfully,

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

On Mon, Jul 8, 2019 at 11:51 AM Mohan Harihar <moharihar@gmail.com> wrote:

Clerk Deguglielmo,

On Thursday, June 27, 2019, a letter was delivered via email communication to the
attention of Governor Charlie Baker (R-MA), requesting a formal meeting to review
the Commonwealth’s evidenced failures in all three (3) branches of state
government - impacting this litigation and similarly, the related federal litigation. Both
you and opposing counsel were copied on the email.

On Saturday, June 29, 2019, a Plaintiff NOTICE was delivered via email to your
attention and to the attention of counsel, informing the Court of the letter to Governor
Baker. Hardcopies are believed to have been received by the Court and counsel on
Tuesday, July 2, 2019. As of this morning - Monday, July 8, 2019, the Plaintiff
NOTICE has yet to be recorded on the docket. Considering the history of this
litigation and evidenced claims against judicial officers of the Court - this is a
concern. Respectfully, please provide an explanation for the delay and confirm that
the docket is being updated.

On Tuesday, July 2, 2019, a second Plaintiff NOTICE was delivered via email to
your attention and to the attention of counsel, informing the Court of the letter to
President Donald J. Trump, similarly informing him of evidenced failures in all
three (3) branches of the Federal government, including opportunities to discuss a
potential resolution. Hardcopies are expected to be received by the Court by
tomorrow - Tuesday, July 9, 2019. Considering the severity of evidenced claims
associated with this litigation, I respectfully request the timely filing of BOTH
documents. The Notices are attached (below) as reference.

Please be advised, since this civil complaint is related to: (1) ongoing Federal
litigation; (2) evidenced claims against the Commonwealth; and (3) matters
perceived to impact National Security, it becomes necessary to copy multiple
government offices/agencies on this communication (See above). Copies will also
be made available to the Public and to media sources nationwide, for documentation
purposes and out of continued concerns for my personal safety and security. Thank
you for your attention to this very serious matter.

Respectfully,

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

---------- Forwarded message ---------


From: Mohan Harihar <moharihar@gmail.com>
Date: Sat, Jun 29, 2019 at 1:39 PM
Subject: Re: Case No. 1981CV00050, HARIHAR v. US BANK, et al, Rule 9A
Motions
To: Arthur T Deguglielmo <arthur.deguglielmo@jud.state.ma.us>, david fialkow
<david.fialkow@klgates.com>, Jeffrey B. Loeb <JLoeb@richmaylaw.com>
Cc: Constituent.services@state.ma.us <constituent.services@state.ma.us>,
NewYorkComplaints Dojoig <dojoig.newyorkcomplaints@usdoj.gov>,
<theresa.watson3@usdoj.gov>, <andrew.lelling@usdoj.gov>,
<mary.murrane@usdoj.gov>, <christina.sterling@usdoj.gov>,
<elizabeth_warren@warren.senate.gov>, <Nairoby_Gabriel@warren.senate.gov>,
<Nora_Keefe@warren.senate.gov>, <sydney_levin-epstein@markey.senate.gov>,
<lori.trahan@mail.house.gov>, <ayanna.pressley@mail.house.gov>,
<chairmanoffice@sec.gov>, <CommissionerJackson@sec.gov>,
<CommissionerPeirce@sec.gov>, <CommissionerStein@sec.gov>, <ma-igo-
general-mail@state.ma.us>, <igo-fightfraud@state.ma.us>,
<maura.healey@state.ma.us>

Clerk Deguglielmo and Counsel,

Attached please find the Plaintiff's NOTICE, informing the Court of a letter delivered
to the attention of Massachusetts Governor Charlie Baker (R-MA) on Thursday,
June 27, 2019. Please be advised, Since this matter is related to ongoing Federal
litigation and evidenced claims against the Commonwealth, it becomes necessary to
copy multiple government offices/agencies on this communication (See above).
Hardcopies of the Notice are being mailed to the Court and to counsel's address of
record. Copies will also be made available to the Public and to media sources
nationwide, for documentation purposes and out of continued concerns for my
personal safety and security. Thank you for your attention to this very serious matter.

Respectfully,

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