UPDATE ON CLASS ACTION LAW SUIT

[MYSONSDAD]

Subject: Class action 11th & sov immunity, Rooker, DRE, S/M juris,
and other hogwash
Date: Fri, 29 Oct 2004 03:01:35 -0500


Please re-post this far and wide, so that the people will know the
truth. Thanks.
------------------------------

Concerned about the legal details of the noncustodial class action
lawsuits?

11th Amendment immunity? - got that covered already, see below
Rooker-Feldman abstention? - got that covered already, see below
sovereign immunity? - got that covered already, see below
subject matter jurisdiction? - got that covered already, see below
domestic relations exception? - got that covered already, see below
etc........ probably got that covered already, too.

There are a lot of legal myths that many people, even very
experienced pro se people,
many attorneys, and not to mention inexperienced pro se litigants,
still buy into -
probably because "that's the way it has always been done, so it must
be true"...
nonsense. It is maybe somewhat understandable, though, because these
are issues and
areas of federal law that are not challenged very often.

I would ask you to read not just the main complaint itself, but also
the ancillary
pleadings, and probably **especially** the latest two commonly-used
pleadings posted
on the link below - the Response to Motion to Dismiss, and the Memo
in support...
those two PDF "templates" or "examples" were just added online
earlier tonight (well,
yesterday now):
http://www.ffvisual.com/ncpshared/examples.html

Let the truth of well-established law open your mind, and free you
from the myths
that are so easy to be misled by...

You must understand, I have concentrated, almost exclusively, and
day and night,
24/7, for the past 3 1/2 years, on working, researching, gathering
rebuttal caselaw,
logistics, rules, and everything else that is directly related to
these lawsuits, in
order to pull the rug out from under the states when the time came
to pass...

Because I have *already* shot down the above typical crap that the
states like to
use, and that most people still (falsely) believe is true - which,
again, it is not -
the first state to get hammered back a few days ago (Virginia) has
already asked for
a continuance on their OWN hearing to dismiss, and even now is
wanting, outlandishly
fraudulently, to have their Governor file a SECOND??, SEPARATE??
answer to the
complaint (which they may *not* do, of course, and in order to use
some sort of new
issues, I would suppose, right??) - because the Virginia Attorney
General **knows**
they ARE screwed, by someone who really knows the law in these
matters - much better
than the above types of nonsense that they cookie-cutter and file
against every other
civil suit...

Cheers,

------------------------------
Mr. Torm L. Howse
President, Indiana Civil Rights Council
president@i...
http://www.indianacrc.org

[Bolivar]

                                  ;-)

[impressivedjq]

Thanks for the update!!!!!!!

[c_alexander]

That sounds like some very good news. Thank you very much for the update. I can not thank you enough win or lose for putting SO much time and effort into this. I truly wish there was more that I could do to help, but it seems as though you have the bases covered pretty well. I ONLY hope that the judges in these matters know the laws half as well as you do. Seems like they have NOT had a firm understanding of the law for sometime considering all the stories I have heard on here from people continually being "screwed" by them and their twisted sense of fairness....ugh don't get me started. Anyway wanted to say thank you for the update and all your efforts. Please feel free to contact me if I can be of more assistance.

[Lovingdad]

I don't know a lot of details about the class action lawsuit, but, as a NCP, was greatly devestated this past week when I thought that I had read that a Judge dismissed the Class Action as 'Prejudiced' (sometime late November '04).  Do I understand correctly that that is the end for the Class Action Suit?  I hope its not the end, but again, I don't know many details.  

Please reply with as much clarification as you can, and let me know how I can offer support (I can't help much with money, as my own legal fees are at $12000 and rising).  But I would greatly appreciate the clarification and update, as my legal fees just to get a 50-50 shared physical custody of my beloved son.

[MYSONSDAD]

All State Information on Each State's Class Action Lawsuit for Non
Custodial Parents Constitutional Rights

Find the information for all States at:
                       https://www.quickbase.com/db/99r7qj9f


Thank you Dan Diebolt (leader of Michigan Dads) who is both a dedicated
NCP rights person, and a technical guru. He has created this user-friendly
single-point option for all states' case, judge, and etc. information


Keep up to date on the actions different groups are using and helping them along every chance I can. Working together, gaining strenght in numbers, writing letters, making calls, giving support financially, mentally and morally.

Someone who is working more closely with Michigan indicated this is a legal strategy. I am not an attorney, so I can not answer this question for you.  

http://www.petitiononline.com/mod_perl/signed.cgi?usncpr&1

THIS JUST IN FROM Mr. Torm L. Howse:

OK... so, you're really that curious to see what actually got filed
everywhere...

So, using the complete package that was filed in Indiana as an
example, here are the standard eight (8) items that were filed in
every classaction lawsuit (each suit obviously has different names
of courts, plaintiffs, Governors, Attorney Generals, the States, and
other items that are "personalized" per state, of course):

[NOTE - most files are in Adobe 4.x PDF format]

Civil Cover Sheet (standard form js44.pdf available at
http://www.uscourts.gov)
Civil Appearance
Civil Summons (standard form ao440.pdf available at
http://www.uscourts.gov)
Verified Complaint (the "big one", with its one exhibit, same for
all cases)
Demand for Jury Trial
Motion for Class Certification and Appointment of Class Counsel
Request for Three-Judge Panel
Notice of Motion for Consolidation (with its one exhibit, same for
all cases)

The latest (10-04-04) pleading filed everywhere:
Memorandum of Law Regarding State Immunity

Regarding the FALSITY of arguments about "Rooker-Feldman", "domestic
relations exception", "sovereign immunity", and other such WORTHLESS
things that some people - and especially the crooked state
governments themselves - are trying to use to discredit these class
action lawsuits, please see these two example documents, which
FLATLY blow away those ridiculous MYTHS that are very often used to
DECEIVE and CHEAT the people - meaning **you** - that there
supposedly is no case:
Response to Motion to Dismiss
Memorandum in Support of Response to Motion to Dismiss

Also, the groups in each state sent the following two items off to
the Judicial Panel on Multidistrict Litigation in Washington, DC
(again, "personalized" per state):

Notice of Appearance
Notice of Related Action

"Coming soon to a country near you" - We are proud to support our
friends in Canada, England, and Australia, who have now borrowed
these theories, and are also working on their versions of national
classaction lawsuits, right now...

Cheers,

------------------------------
Mr. Torm L. Howse
President, Indiana Civil Rights Council
president@i...
http://www.indianacrc.org





"Children learn what they live"

[MYSONSDAD]

I don't do anymore then the next guy, try to stay informed. Pass it along when it looks worthy. Check my reply to lovingdad, more information there.

Take a look what happend in my State, they lost it...

As you know our petition based on 42 USC 1985 & 1986 in 04c 6056 filed
on September 17 of this year was denied by Judge Kennelly based on
very poor and inaccurate grounds (COPY In Files IFA site) We then
filed a VERIFIED MOTION TO RECONSIDER ON 10/18/04 BEFORE Deadline.
However; The court latter indicated to us that they had no record of
this filing or in essence had lost it. About a week passes and the
VMTR SHOWS up on PACER as being filed on 10/20/04 two
days after the deadline and no notice of hearing on
motion or any recognition from the court. In fact the
Verified Motion to Reconsider WAS filed on
the 18th of Oct 2004 & copies routed to Defendants on
the same day within deadline (Court Stamped copies
in hand)...AGAIN...THEY lose reconsideration filing then
find it but place it in Pacer with 10/20/04 date?? I
got lucky and managed to find the judges court room
deputy in her office when I telephoned 12/6/04 She
indicated that she was very busy and that she would be
unable to address the FILING DATE issue & referred me
back to the Docketting dept.Supers. She then indicated
that in order for us to recieve a reply from Judge
Kennelly regarding our Motion to Reconsider we would
need to "MOTION IT UP TO THE JUDGE WITH ANOTHER
MOTION"???? I then asked this deputy what I might
title this MOTION TO MOTION UP OUR MOTION and she
'Olga Rouse'fumbled for an answer & THEN said you will
have to look it up. Christ I think I need to
take a pill for MOTION SICKNESS We are considering several
alternatives FOR OUR NEXT STEP to this dysfunctional STALE-MATE to
include possibly REFILING with some new material and improved backing.
I will post as soon as I have further updates. PLEASE NOTE ; that the
Federal Courts have been quite varable in their Responses from State
to State and this has provided some additional avenues for us. ALSO
NOTE.....NO INVOLVEMENT FROM STATE To Date.

Look at this from the Prez...

NEW: PRESIDENT BUSH asked for a doubling of funding for access and
visitation
programs to support mediation, counseling and the development of
co-parenting plans
so that non-custodial fathers can continue to be an active and
positive
part of their
children's lives.

IF MR. BUSH REALLY GAVE A DAMN, HE WOULD MAKE 50/50 AUTOMATIC IN EVERY STATE UNLESS ABUSE, DRUGS, NELGECT WERE INVOLVED, PROVEN, NOT JUST HEARSAY...

just my thoughts

"Children learn what they live"