UPDATE "Haas v Romney" Racketeering: Judge Warns of Dismissal - But the Case Continues

[laserhaas]

Many have heard the old maxim about people representing themselves in court; but most aren't aware that it was Abraham Lincoln who is credited with the adage. During a case, the judge looked at Mr. Lincoln and said

"Why do you have an attorney - you're one of the most brilliant lawyers known"?

and Honest Abe responded

"He who represents himself - has a fool for a client".

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Ladies and gentlemen, I present myself to you - The Fool Laser Haas!

[br]

Beyond a shadow of any doubt, trying to bring the likes of Goldman Sachs, Bain Capital, Mitt Romney and his gang to justice - is daunting. Especially when you are an insignificant plaintiff such as I am. It is obvious that I'm in way over my head. Yours truly may be a great Liquidator; but I'm a horrific litigator. Such is evident by the fact that our case has an abundance of proof; but heretofore - even with confessions of perjury acts - I've been unable to bring Romney's stalwarts to justice.

Be that as it may, it is better to be joked at, trolled upon, (even banned from the orange realm for fighting the ad hominem attackers too much). Instead of becoming a coward and walking away from the Civil War; simply because it is too hard to win. I can live with others looking down upon me, as such is basically the story of my life anyway. I've always been frowned upon as being from the wrong side of the tracks and a joke (in certain communities); because my mom married a 17 year old when I was 12 and a 19 year old when I was almost 18. But I can't live with myself, if I permit these bandits to get away with it all, simply because I'm doing it alone and most people don't like me and don't care. Of all the persons to do this effort against the likes of Mitt Romney & his RICO gang - I'm the least likely that anyone would pick.

But here I am!

The fact of the matter remains is that "someone" must try to stop the powerful bad guys from doing organized crimes against regular citizens. Romney "Busts Out" companies - doing so illegally! It simply ain't right that they can Break the Law openly - and get away with it. And yet, that's exactly what is going on. They are breaking the law openly; and they are encouraged to do so even more - simply because no one seems to care.

Others enlightened me that racketeering litigation it is exactly the correct LEGAL Way to stop the Law Breakers efforts in organized crimes. At the same time, while studying RICO, others (purportedly) were enlightening me on how to do it right. Explain in detail they said. But they are totally WRONG!

I chose the RICO Act of 1970; because this case is the poster child of what RICO is about. When our government refuses to do its job, Congress provided that ordinary citizens (such as I) can become "Private Attorney Generals" - as is iterated upon Wikipedia's website (here) about this RICO "Prosecutorial Gap"- that;

Another example of the "private attorney general" provisions is the Racketeer Influenced and Corrupt Organizations Act (RICO). RICO allows average citizens (private attorneys general) to sue those organizations that commit mail and wire fraud as part of their criminal enterprise

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Unfortunately, I may have hit a huge bump in the road.

About 2 weeks ago, after being educated by those that I thought were "helping" me to be a better litigator; and "foolishly" listening to the banter of the trolls - I submitted a mini War n Peace 350 page pleading. Doing so in an effort to prove my case in the beginning (and - quite frankly - if I got shot by my enemies, the evidences were already in the record). Well, the judge wasn't too happy with my effort and lambasted my works.

Turns out - I'm blessed by heaven above. My timeline for serving the opponents was drawing near to an end (case began October 18, 2013 - and I have 120 days from that time). It was my intent to file the case in New York (and pray to get Judge Rakoff) and/or Washington D.C. Then G-d provided a blessing from above and I was cajoled to do it in Southern California. Everyone said this was nuts; and many laughed when the "Wheel of Assignment" slotted my case to His Honor Stephen V. Wilson (nominated by Reagan 24 years ago). Just this past week, yours truly went to watch the court in action. When His Honor complimented attorneys for 3 and 5 word sentences and kept holding up his hand to stop opposing parties from going on and on - I KNEW I was in deep pooh.

So I began to serve notice upon the opposing parties;
being fully aware that the Judge would Deny my request.
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Judge Stephen V Wilson DENIES Laser Haas's Request and Warns of Dismissal

It is not as bad as it may look, the dismissal thingy; because we have not (yet) had a trial (adjudication upon the merits). The Law (as His Honor has pointed out) stipulates that a case must be dismissed - WithOut Prejudice - when a plaintiff fails to present a case properly. Without prejudice means one can refile; but I'm going to have to pay $455.00 again (may as well ask me to pay $4 million - I simply don't have the monies at this time).

However, the "Haas v Romney" Case is NOT yet closed.

No matter what all the mistakes are, the fact of the matter remains is that yours truly (as a matter of law) has a "prima facie" case; because Romney's attorneys have already CONFESSED lying under oath. But Romney owns a United States Attorney. Mitt's MNAT law firm arranged for their partner Connolly - to become the federal prosecutor over the case.

And that ain't right!

As is iterated by the court, in its Order (in Chambers) Denying my Requests, I've got 120 days to serve the parties. Now, if the court wanted to make sure the case was off its docket - then all His Honor had to do was wait until Tuesday to respond. This would have been beyond my 120 day deadline; and dismissal would be proper. Instead, not only has this court allowed the case to stay open for 120 days now; but it has also provided guidelines on where I'm remiss in my duty to bring the case to federal court. As you can see by the court's order (here) that states;

Plaintiff also asks the Court to grant a sixty day extension for service of his complaint. Federal
Rule of Civil Procedure 4(m) provides: “If a defendant is not served within 120 days after the complaint
is filed, the court . . . must dismiss the action without prejudice against that defendant . . . {b}ut if the
plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate
period.” Good cause requires “a demonstration of good faith on the part of the party seeking an
enlargement and some reasonable basis for noncompliance within the time specified in the rules.” MCI
Telecommunications Corp. v. Teleconcepts, Inc., 71 F.3d 1086, 1097 (3d Cir. 1995) (emphasis added).
Whether a plaintiff has failed to “diligently pursue service during the allotted period” is a consideration
in the good cause determination. Cardenas v. City of Chicago, 646 F.3d 1001, 1007 (7th Cir. 2011).
Plaintiff’s application and the exhibits in support thereof fail to show that he has diligently pursued
service since filing his original complaint and the FAC, and fails to provide any reasonable basis for
excusing compliance with the 120-day requirement under Rule 4(m).

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Defendants HAVE Been Served a copy of the Complaint, Summons and New Case Order

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- - Fortunately, due to the G-dsend of going to the court and watching His Honor in action, I became aware - Then - that yours truly was in deep pooh. Almost immediately, we began to serve the Complaint upon the opposing parties (all over the country). It's not easy, because Traub and Barry Gold are no where to be found; and Goldman Sachs/Bain Capital actually Do NOT have any Registered Agents with the Secretary of State. So we had to get sneaky to outwit the snakes.

We can't put the items into the record until Tuesday; because the courts are closed on Monday (due to the President's Day holiday). However, at that time, we are going to supply the court clerk with the Proofs of Service Declarations.

Such as Michael Glazer's (here)

and

Bain Capital's (here).
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PLaintiff has "matter of course" right to file Amended Complaint

This is very important. The court categorized my previous filings as items that would be dismissed under Fed.R.Civ.P (8) - as being too long winded; and not concise/precise. The court also stipulates that "as a matter of course" a plaintiff can file an amended complaint. As iterated by His Honor's Order that;

Federal Rule of Civil Procedure 15(a) permits a party to amend a pleading “once as a matter of course” within 21 days of serving it (or defendants’ filing of certain motions or responsive pleadings).

Because His Honor labeled my prior submissions as "pre-service amendments" and has NOT stated that I'm forbidden to file anything further; hence this plaintiff has his "matter of course" ability to file an amended complaint within 21 days of Service.

Now, if I can just become something other than a fool and find a way to tell the story in 50 pages or less. Then, we just "may" have a chance of compelling Romney and his RICO gang - into responding.

Wouldn't that be something?

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[laserhaas]

1. I just learned that I've got my enemies scared - They are breaking the Law again -in a Rush

Seems like my asking the court to get my chair back in control over eToys - made Romney's Gang blink.

I'll post a separate thread on the story;
but it appears that they are rushing to shut down the eToys bankruptcy case now.

Doing so Illegally!

[laserhaas]

2. Wow - this just in - British Court Orders Mormon Church to answer fraud charges

I usually try to avoid people bring this thing into a discussion.

Romney's a CROOK - pure and simple - his religion is not to be blamed for what Romney did (I believe).

will review this case and see what the issues are

http://www.nationofchange.org/fraud-allegations-against-mormon-church-summons-leader-appear-british-court-1392479999

[laserhaas]

7. The only thing I think the Mormon Church should be held accountable for - is the Lying Rule

Romney lied about his tenure as Bain's CEO - to the entire country - Under Penalty of Perjury.

Can he use the Mormon Lying Rule as a defense?

Should those who cheat on taxes be allowed a religious excuse?

Here's a great article on Mormon lying - history of the Church and actual events too.

http://www.mormonthink.com/lying.htm

[unionthug777]

3. best of luck to you laserhaas !!!!

i hope everything goes well !!!

[laserhaas]

5. thanks "unionthug777" (really - "thug" - there wasn't something better)?

It is a miracle that the case is still open. I believe the judge sees that there are important issues here; but is not going to let me make a circus out of it - just because I've been victimized.

[unionthug777]

9. well...

i AM a union member....though..not really a "thug"...i am kinda scary looking.

[laserhaas]

10. lol. It sucks what happened in tenn

But life is never fair

[SidDithers]

4. ...

Abraham Lincoln was right.

Sid

[laserhaas]

6. LOL - thanks Sid...

But, unless you're volunteering your law license to get the job done;
then I've got to keep going.

Failure is not an option!

[jberryhill]

8. The full order is sort of entertaining

Litigation as performance art.


http://www.democraticunderground.com/10024496004

[tammywammy]

11. +1 n/t