Case Study Commentary by Roxanne Grinage December 13, 2012
Opportunities and Challenges for the Non-Attorney Represented
Federal Crime Victim Litigant to Stay Alive in a Federal Court Docket
While Seeking Non-Conflicted Attorney Representation.
120212 Roxanne Grinage Summary of Credentials. HireLyrics Administrative Services Legal Assistant Marketing Careers Project Manager Federal Rules of Evidence Compliant Expert Witness Services Administrative Solutions for Innovation of U.S. Economy Education Judicial Accountability Prison and Public Safety Reform(updated Resume Curriculum Vitae (CV)available upon request).pdf
Calendaring with Alarms Actions Tasks and Deadlines
Motions Denied In Part Granted In Part & Moot Give Options and Opportunities for Court Controlled Case Management
Roxanne Grinage Sees Opportunities for a Federal Crime Victim Non Attorney Represented Litigant to "Stay Alive" In a Federal Court Docket while he simultaneously shops to attract federally practicing attorney representation who is not only knowledgeable about copyright infringement but who may have attorney law firm associates versed in ethics and legal malpractice law to assist in
Correcting Process of Law Deficiencies and Identify Criminal Responsibilities.
Plaintiff can satisfy deficiencies noted in 11/10/12 Doc 206 Order of Honorable Edward Chen Denying Plaintiff's 11/30/12 Sua Sponte Motion for Injunctive Relief and survive threat of dismissal with prejudice posed by Defendants 11/21/12 Doc 171 Motion for Summary Judgment and 11/10/12 Motion for Leave to File Amended Cross Complaint,
If Federal Crime Victim Litigant can e-file two separate Local Rules for Motion Practice Compliant Documents on or before
December 28, 2012.
(1) Plaintiff's Motion for Reconsideration Clarifying Authorities Why Plaintiff Would Prevail on Merits if Process of Law Deficiencies are Corrected and Criminal Responsibilities are Identified
and
(2) Plaintiff Anthony Fredianelli's Opposition of Defendants' 11/21/12 Motion for Summary Judgment with Proof Dismissal with Prejudice Rests on Conflict of Interest Attorney Misconduct Mutilated Complaint, Obstructed Subpoenaed Records and Expert Witness Reports.
Hearing on Plaintiff's Motion Declaratory Judgment Is Scheduled
Before District Court Judge on January 17, 2013.
Hearings on Defendants' Motions for Summary Judgment and Amended Cross Complaint is Scheduled
Before District Court Judge on January 24, 2013
U.S.D.C. CAND Case No. 3:11-cv-03232-EMC
Anthony Fredianelli v. Stephan Jenkins Third Eye Blind,
David Rawson et. al.
A Roxanne Grinage Legal Assistant Marketing Careers Project Manager Work Product Authorized Posted to HireLyrics Administrative Services
Case Study pages in prototype demonstration of a U.S. Citizens (controlled) Public Docket Database to Assist Innovation of U.S. Economy, Education, Court, Prison, and Public Safety Reform Federal Crime Victims Litigants Can Overcome Official Corruption Fraud and Civil Rights Violations to Stay Alive in Federal Court Dockets where Judiciary and Law Enforcement may see unobstructed evidence; accurately calculate damages and identify criminal responsibilities.
"Federal Crime Victim Litigants are also U.S. Economy Careers Contributors."
"Law Enforcement are Working Class People Too!" - roxanne grinage HireLyrics Practice Model Schematics 2011
ECF Docket Activity Noticed: HireLyrics Administrative Solutions Series:
| Roxanne Grinage Sees Opportunities for a Federal Crime Victim Non Attorney Represented Litigant to "Stay Alive" In a Federal Court Docket while he simultaneously shops to attract federally practicing attorney representation who is not only knowledgeable about copyright infringement but who may have attorney law firm associates versed in ethics and legal malpractice law to assist in Opportunities and Challenges for the Non-Attorney Represented Hearing on Plaintiff's Motion Declaratory Judgment Is Scheduled | ||||||||||||||||||||||||||||||||
The following transaction was entered on 11/30/2012 at 4:06 PM PST and filed on 11/30/2012
Docket Text: The following transaction was entered on 12/10/2012 at 4:59 PM PST and filed on 12/10/2012
Docket Text: The following transaction was entered on 12/10/2012 at 4:16 PM PST and filed on 12/10/2012
Docket Text:
| Roxanne Grinage's litigation plan strategy for this case study at 12/13/2012. Roxanne Grinage sees the following opportunities and challenges for a federal crime victim litigant to "stay alive" in a Federal Court Docket while seeking to retain non-conflicted federally practicing attorney representation in time for Trial Scheduled March 2013. 1. There was a rigorous volley of ECF Filing Activity Noticed which included Orders of U.S. District Court Honorable Edward M. Chen, Defendants Stephan Jenkins Third Eye Blind Motion to Leave to Amend Cross Complaint; the Defendants' lawyer, Mitchell S. Greenberg had already filed Opposition Plaintiff Anthony Fredianelli's 12/05/12 Motion For Extension of Time to December 28, 2012 to File Motion in Opposition to Defendants' Stephan Jenkins Third Eye Blind's Motion for Summary Judgment Hearing on Defendants' Motion for Summary Judgment scheduled January 3, 2013. Roxanne Grinage also noted that Clerk of Court alerted all parties that action was needed as to stipulating consent to 12/04/12 "15 Minute Further Settlement Conference presided over by Magistrate Jacqueline Corley" which entered the settlement/dismissal of Defendant and Third Party Plaintiff Eric Godtland Management, case management hearing scheduled for December 14, 2012. Anthony Fredianelli's 11/30/12 Motion with supporting Exhibits A, B and C objected to dismissal of Eric Godtland and clarified that a prior stipulated dismissed defendant, the Third Eye Blind band's lawyer, Thomas Mandelbaum was one done by a prior plaintiff counsel's belligerence when gross conflicts of interest and attorney misconduct were complained about. 2. Roxanne Grinage noted that Honorable Chen specified "Sua Sponte" in the Title of his Doc 206 Order and referred to "oral argument" in the content of the Order Denying Sua Sponte Motion. Rox went back and scrutinized he docket reset and rescheduling and noticed although Honorable Chen's Doc 206 Order Denied Sua Sponte (Third Party) Plaintiff's Motion Injunctive Monetary Relief - the Court's Calendar reflected in the Docket Report showed that Hearing on Plaintiff's Declaratory Motion for Injunctive Relief to Correct Process of Law Deficiencies and To Identify Criminal Responsibilities remained scheduled for personal appearance Hearing on January 17, 2013 in United States District Court Judge's Courtroom 5. Honorable Chen's Order is 3 pages and is based in valid legal rationale. However, the U.S. District Court Judges Order Denying Plaintiff's Motion for Sua Sponte Injunctive Relief" is not without judicial compassion, inasmuch as there are a few opportunities for Plaintiff Federal Crime Victim to "stay alive" in copyright infringement federal docket while seeking non conflicted attorney representation further provide pretrial fact finding and evidence of need Correct Deficiencies in Process of Law and to Identify Criminal Responsibilities: 1. Simultaneously (at the same time), a. Plaintiff should seek a federally practicing lawyer preferably experienced in ethics and legal malpractice who will take him on as a contingency fee paid client. b. Plaintiff should prepare and e-file on or before December 28, 2012 (1) Plaintiff's Motion for Reconsideration Clarifying Authorities Why Plaintiff Would Prevail on Merits if Process of Law Deficiencies are Corrected and Criminal Responsibilities are Identified; and (2) Plaintiff Anthony Fredianelli's Opposition of Defendants' 11/21/12 Motion for Summary Judgment with Proof Dismissal with Prejudice Rests on Conflict of Interest Attorney Misconduct Mutilated Complaint, Obstructed Subpoenaed Records and Expert Witness Reports. which provide supplementation and clarifications for every item Judge Chen's Order states plaintiff did not provide sufficient evidence for or clearly state reasons why. c. Plaintiff pro se should be very careful to exclude objections regarding "in relative part" deletion of 11/30/12 Plaintiff Motion Title which included, "....And To Identify Criminal Responsibilities" when providing any and all deficiencies in evidence or clarifications directed in 12/10/12 Document 206 Order of Judge Chen Denying Sua Sponte Plaintiff's Motion. d. Plaintiff should stress in his MOTION FOR RECONSIDERATION AND OPPOSITION OF THIRD EYE BLIND'S MOTION FOR SUMMARY JUDGMENT E-FILED BY DECEMBER 28, 2012 OF DECLARATORY JUDGMENT the he will abide by District Court Judge Honorable Chen's 12/10/12 Granting in part Denying in part Plaintiff's Motion to Appear Telephonically at all Hearings due to Hardship Cost and Loss Suffered as Recently as 11/30/12 Settlement Conference Hearing before Magistrate Jacqueline Corley, i.e. Plaintiff will personally appear at all motion hearings and be prepared for oral argument in support of his Motion for Declaratory Judgment To Correct Process of Law Deficiencies and To Identify Criminal Responsibilities. Personal appearance discussion and oral argument on Plaintiff's MOTION FOR RECONSIDERATION AND OPPOSITION OF THIRD EYE BLIND'S MOTION FOR SUMMARY JUDGMENT E-FILED BY DECEMBER 28, 2012 FOR DECLARATORY JUDGMENT IN SUPPORT OF In San Francisco Federal Courthouse before Honorable Judge Chen per Clerks Notice Setting Motion Hearing for 01/17/13 at 1:30 P.M. in Courtroom 5, 17th Floor, San Francisco before Honorable Edward M. Chen. STRATEGY PLANNING AND PRESENTATION: When drafting MOTION FOR RECONSIDERATION AND OPPOSITION OF THIRD EYE BLIND'S MOTION FOR SUMMARY JUDGMENT E-FILED BY DECEMBER 28, 2012 Plaintiff should keep in mind that Defendants' were not granted everything Stephan Jenkins Third Eye Blind lawyer Mitchell S Greenberg asked the court for. Defendants' lost their opposition to Plaintiff's Motion for Extension of Time to Oppose Stephan Jenkins Third Eye Blind Motion for Summary Judgment. Defendants' lost their attempt to finalize 12/04/12 "15 minute Further Settlement Conference presided over by Magistrate Jacqueline Corley. Defendants Hearings on 2 of Defendants Motions "Summary Judgment and Leave to Amend Cross Complaint" are now actually moved back to January 24, 2013, a full week AFTER Hearing on Plaintiff's Anthony Fredianeli's Hearing on Declaratory Motion (Correct Process of Law Deficiencies and Identify Criminal Responsibilities.) Plaintiff now has until December 28, 2012 to file more evidence in Opposition to Stephan Jenkins' Mitchell S. Greenberg's Motion for Summary Judgments referring to Plaintiff's 12/05/12 court stamped Exhibits A, B, C, and D and entering even more irrefutable evidence as to how belligerence of exposed for conflict of interest withdrawn plaintiff's counsel caused the amended complaint which Defendant's Motion for Summary Judgment relies upon to be a gross mutilation of Plaintiff Anthony Fredianelli's claims, evidence and witness testimony and a deliberate deprivation of F.R.E. 702, F.R.E 611(a), F.R.C.P. 26 to strip the Third Eye Blind Inc Partner Guitarist from standing before trial scheduled March 2013. Plaintiff should research draft consult finalize and E-file the following Documents While he simultaneously shops for federally practicing non conflict attorney representation who is also associated with ethics and legal malpractice associates, showing the prospective copyright infringement plaintiff's attorney active links to the Docket Entries of U.S. District Court Judge's Orders, U.S. Magistrate Judge's Orders, Plaintiffs 4 Motions and 10 Exhibits Documents 178 through 201 filed between 11/30/12 and December 5, 2010 (in the left column of this case study commentary). Plaintiff should e-file Motion for Reconsideration and Opposition of Third Eye Blind's Motion for Summary Judgment e-filed by December 28, 2012 which communicates to the Federal Court that non attorney represented plaintiff has (1) looked up and understands how the case citations of Judge Chen in 12/10/12 Doc 206 Order of Judge Chen Denying Plaintiff's Sua Sponte Motion for Injunctive Relief, require U.S. District Court Judge "(noting that injunctive relief is appropriate where, inter alia, "remedies available at law, such as monetary damages, are inadequate to compensate for that injury") (emphasis added). a. Plaintiff should refer previously entered Exhibits 12/01/12 Plaintiff's Exhibit A, B, and C; and refer to Plaintiffs Exhibits Entered 11/05/12 Exhibit A, B, C and D but only "incorporated by reference as if fully set forth herein", using the form limitations and requires governed by Local Rules Motion Practice to provide those components Honorable U.S. District Court Edward M. Chen points out in his Order of 12/10/12 Document 206: b. Find and identify authorities which support injunctive release of monies stolen as a result of criminal theft by deception. Clarify that Plaintiff is not asking for injunctive relief advancement of damages. c. Add more evidence of Defendant Stephan's Jenkins Theft of Anthony Fredianelli's royalties and proof that corporate and entities have traded by interstate commerce the stolen revenues of Anthony Fredianelli. Reference again the Landmark Supreme Court Case Decision regarding Federal Court's jurisdiction over interstate commerce and build Authorities for the technology commerce, 42 revenue streams Stephan Jenkins is currently siphoning monies of Anthony Fredianelli without accountability. d. Plaintiff should satisfy Judiciary pointing out a deficiency in Plaintiff's Motion filed 11/30/12, "Finally, even if relief were theoretically available, Mr. Fredianelli has failed to make an adequate showing that he would be likely to prevail on the merits, thus rendering his request for relief inappropriate....(noting that "'[a] plaintiff seeking a preliminary injunction must establish that [inter alia] he is likely to succeed on the merits;'")". Roxanne Grinage believes that Plaintiff Exhibits 11/30/12 A, B, C and 12/05/12 Exhibits A, B, C, and D with Declarations Theresa Fredianelli and Beverley should be represented by reference only and another Declaration of Anthony Fredianelli which clarifies his ownership of Third Eye Blind transacted copyrights, royalties should be entered attached to PLAINTIFF'S MOTION FOR RECONSIDERATION AND OPPOSITION OF THIRD EYE BLIND'S MOTION FOR SUMMARY JUDGMENT E-FILED BY DECEMBER 28, 2012 OF DECLARATORY JUDGMENT FOR HEARING SCHEDULED JANUARY 17, 2013, AND e. Plaintiff's Motion for Reconsideration Declaratory Judgment Injunctive Relief Scheduled for Hearing on January 17, 2013 and Opposition of Third Eye Blind's Motion for Summary Judgment scheduled for Hearing on January 24, 2012,e-filed by December 28, 2012 should introduce for the first time DECLARATION OF ROXANNE GRINAGE in order to satisfy Federal Judge/Federal Court jurisdiction to "Correct Process of Law Deficiencies and To Identify Criminal Responsibilities. Roxanne Grinage has organized for trial prep binders over 700 pieces of evidence, document, audio, medical records, law enforcement referral, attorney notes, and attorney court stamped filings, orders, witness testimony and case history. Roxanne Grinage's Declaration would attach properly redacted medical records of Children's Rady Hospital Emergency Room, Pediatrician, Chadwick and LaJolla Forensic Trauma Specialists, and court stamped filings in Nevada Eighth District Court, Henderson and Las Vegas Metropolitan Police Report exhibits attached which prove the Attorney Misconduct, Witness Intimidation, Child Abduction and personal injury of Plaintiff Fredianelli's daughter by a long time stalker who was introduced to Kristi Fredianelli by Stephan Jenkins of Third Eye Blind was able to gain access to criminally physically and long term trauma injury Fredianelli's five ear old daughter on September 2, 2012 through September 7, 2012 in retaliation for Anthony Fredianelli complaining about Plaintiff's and Defendant's counsel's Cronin and Greenberg conflict of interest regarding Band's insurer AIG, and a Nevada Judge Ritchie's involvement with President Task Force investigated Las Vegas Home Owner's Association fraud. f. Plaintiff's Opposition of Third Eye Blind's Motion for Summary Judgment scheduled for hearing on January 24, 2013, and/or his Motion for Reconsideration Declaratory Judgment Injunctive Relief scheduled for Hearing on January 17, 2013 e-filed by December 28, 2012, should include the 11 page Declaration by Tim Vawter in Support of Tony Fredianeilli and on Ch. 73 Obstruction Violations. 12/11/11 (Not yet filed into Record of Case 3:11-cv-03232-EMC Anthony Fredianelli vs. Stephan Jenkins et al) Declaration of Tim Vawter Senior Investigator of the Protection Group In Support of Tony Fredianelli and on Ch. 73 Obstruction Violations. (Roxanne Grinage's note: Roxanne Grinage recommended Tim Vawter to Anthony Fredianelli after Tony Fredianelli presented on November 23, 2012 for 1.23 Hour Standard Claims Intake Assessment (transcribe of audio interview would be an exhibit in Roxanne Grinage's Declaration) of verifiable claims of official corruption fraud and civil rights violations. Tim Vawter has contributed to development of criminal justice field now known as "countering internet harassment." Tim Vawter is currently the pro se plaintiff in a trailblazing federal lawsuit which introduces new laws written by Tim Vawter regarding internet harassment and specifically to provide law enforcement safeguards to that Americans do not suffer Phoney Power of Attorney Documents). Tim Vawter's Declaration in Support of Tony Fredianelli and on Ch. 73 Obstruction Violations is 11 pages and includes Third Eye Blind Inc Account David Rawson's forged Power of Attorney document, and Tony Fredianelli's Affidavit renunciation of the POA as submitted by Tim Vawter to FBI in San Diego, California. Also featured in Tim Vawter's Declaration pertinent to Case No. 3:11-cv-03232-EMC are the new laws wrote by Tim Vawter which are being filed within Tim Vawter's lawsuit USDNJ case # 3:11-cv-06878-PGS-LHG VAWTER v. NEWS CORP et al, Honorable Peter G. Sheridan,presiding which is about making certain large internet hosting companies responsible for safeguarding users from internet harassment. Pertinent to Third Eye Blind Accountant David Rawson's fake Power of Attorney Document used to steal so much of Tony Fredianelli copyright royalties is One of Tim Vawter authored proposed new laws requires all parties who sign a Power of Attorney document must sign it in person, and on the same day. And, that a Power of Attorney document only lasts for 30 days. Honorable Chen's Order is 3 pages and is based in valid legal rationale. However, the U.S. District Court Judges Order Denying Plaintiff's Motion for Sua Sponte Injunctive Relief" is not without judicial compassion, inasmuch as there are a few opportunities for Plaintiff Federal Crime Victim to "stay alive" in copyright infringement federal docket while seeking non conflicted attorney representation further provide pretrial fact finding and evidence of need Correct Deficiencies in Process of Law and to Identify Criminal Responsibilities: 1. Simultaneously (at the same time), a. Plaintiff should seek a federally practicing lawyer preferably experienced in ethics and legal malpractice who will take him on as a contingency fee paid client. b. Plaintiff should prepare and file a MOTION FOR RECONSIDERATION AND OPPOSITION OF THIRD EYE BLIND'S MOTION FOR SUMMARY JUDGMENT E-FILED BY DECEMBER 28, 2012 FOR DECLARATORY JUDGMENT which provides supplementation and clarifications for every item Judge Chen's Order states plaintiff did not provide sufficient evidence for or clearly state reasons why. c. Plaintiff pro se should be very careful to exclude objections regarding "in relative part" deletion of 11/30/12 Plaintiff Motion Title which included, "....And To Identify Criminal Responsibilities" when providing any and all deficiencies in evidence or clarifications directed in 12/10/12 Document 206 Order of Judge Chen Denying Sua Sponte Plaintiff's Motion. d. Plaintiff should stress in his MOTION FOR RECONSIDERATION AND OPPOSITION OF THIRD EYE BLIND'S MOTION FOR SUMMARY JUDGMENT E-FILED BY DECEMBER 28, 2012 OF DECLARATORY JUDGMENT the he will abide by District Court Judge Honorable Chen's 12/10/12 Granting in part Denying in part Plaintiff's Motion to Appear Telephonically at all Hearings due to Hardship Cost and Loss Suffered as Recently as 11/30/12 Settlement Conference Hearing before Magistrate Jacqueline Corley. i.e. Plaintiff will personally appear at all motion hearings and be prepared for oral argument in support of his Motion for Declaratory Judgment To Correct Process of Law Deficiencies and To Identify Criminal Responsibilities. Personal appearance discussion and oral argument on Plaintiff's MOTION FOR RECONSIDERATION AND OPPOSITION OF THIRD EYE BLIND'S MOTION FOR SUMMARY JUDGMENT E-FILED BY DECEMBER 28, 2012 FOR DECLARATORY JUDGMENT IN SUPPORT OF In San Francisco Federal Courthouse before Honorable Judge Chen per Clerks Notice Setting Motion Hearing for 01/17/13 at 1:30 P.M. in Courtroom 5, 17th Floor, San Francisco before Honorable Edward M. Chen. STRATEGY PLANNING AND PRESENTATION: When drafting MOTION FOR RECONSIDERATION AND OPPOSITION OF THIRD EYE BLIND'S MOTION FOR SUMMARY JUDGMENT E-FILED BY DECEMBER 28, 2012 Plaintiff should keep in mind that Defendants' were not granted everything Stephan Jenkins Third Eye Blind lawyer Mitchell S Greenberg asked the court for. Defendants' lost their opposition to Plaintiff's Motion for Extension of Time to Oppose Stephan Jenkins Third Eye Blind Motion for Summary Judgment. Defendants' lost their attempt to finalize 12/04/12 "15 minute Further Settlement Conference presided over by Magistrate Jacqueline Corley. Defendants Hearings on 2 of Defendants Motions "Summary Judgment and Leave to Amend Cross Complaint" are now actually moved back to January 24, 2013, a full week AFTER Hearing on Plaintiff's Anthony Fredianelli's Hearing on Declaratory Motion (Correct Process of Law Deficiencies and Identify Criminal Responsibilities.) Plaintiff now has until December 28, 2012 to file more evidence in Opposition to Stephan Jenkins' Mitchell S. Greenberg's Motion for Summary Judgments referring to Plaintiff's 12/05/12 court stamped Exhibits A, B, C, and D and entering even more irrefutable evidence as to how belligerence of exposed for conflict of interest withdrawn plaintiff's counsel caused the amended complaint which Defendant's Motion for Summary Judgment relies upon to be a gross mutilation of Plaintiff Anthony Fredianelli's claims, evidence and witness testimony and a deliberate deprivation of F.R.E. 702, F.R.E 611(a), F.R.C.P. 26 to strip the Third Eye Blind Inc Partner Guitarist from standing before trial scheduled March 2013. |