Wednesday, September 21, 2011

Rock, Paper, Scissors

Avista Mgmt. v. Wasau Underwriters Ins. Co., 2006 U.S. Dist. LEXIS 38526 (M.D. Fla.)

Plaintiff sued an insurance company for not paying an insurance claim fast enough.  The attorneys could not agree on a place to take the deposition fo a witness, and asked the court to intervene.   The Judge was less than amused. After castigating the attorneys for not being able to agree on even the most simplest of things, the court issued this ruling:

"[T]he Court will fashion a new form of alternative dispute resolution, to wit: at 4:00 P.M. on Friday, June 30, 2006, counsel shall convene at a neutral site agreeable to both parties. If counsel cannot agree on a neutral site, they shall meet on the front steps of the [Courthouse]. Each lawyer shall be entitled to be accompanied by one paralegal who shall act as an attendant and witness. At that time and location, counsel shall engage in one (1) game of 'rock, paper, scissors.' The winner of this engagement shall be entitled to select the location for the 30(b)(6) deposition to be held somewhere in Hillsborough County during the period July 11-12, 2006."

The order was cited in Kara Homes, Inc. v. Century Kitchens, Inc., 374 B.R. 542 (Bkcy. D.N.J. 2007) as an example of the types dispute resolution available to the parties, stating that "even a game of "rock, paper, scissors" has been given judicial imprimatur as an acceptable dispute resolution mechanism."

Friday, September 16, 2011

Tennis Balls Were Stolen From Prisoner's Head

Riches v. Williams, 2007 U.S. Dist. LEXIS 67446 (W.D. Va. 2007)

A prisoner filed his fourth civil rights action, after the first t hree were dismissed as frivolous.  He struck out on the fourth one, too, even though the defendants had done terrible things to him:

Riches names tennis players Venus and Serena Williams, their father Richard Williams, the "U.S. Open," and "poltergeist" as defendants to his action. He claims that defendants Venus and Serena Williams are "reaching through the T.V. set to grab [him] during the U.S. Open," in an "attempted coup of [his] mind." He also alleges that the poltergeist is "roaming our airwaves and CB radio." He states that Richard Williams has had a "beef with [him] since the Nixon era" and that "he still rents summer homes from Randy Weaver." Riches claims that the tennis balls used in the U.S. Open are "electrons and neurons stolen from [his] head." He alleges that the defendants also "took Van Gogh paintings from [him]." He further alleges that Serena Williams "put  the knife in Monica Seles shoulder" in 1999 and that he taught Venus Williams how to play table tennis in the county jail in 2004. Finally, he claims that the defendants told him that "they want to eat [his] head for supper" and that they want to "learn identity theft from [him]." As relief, Riches asks the courts to "withdraw the Williams sisters from any more tennis tournaments" and, pursuant to Fed. R. Civ. P. Rule 64, "seize U.S. Open tennis balls [and] bring [his] neurons back [to him]."

In Riches v. Dierks, 2008 U.S. Dist . LEXXIS 21085, the Court dismissed 58 lawsuits Riches had filed:


CLARKSBURG RICHES CASES

1. 1:08-cv-2. Complaint. Under 42 USC 1983 and whistle blowing act. Coal plants in West Virginia is responsible on global warning and the gasses travel to S. Carolina to give me carbon poisoning. West Virginia releases the most CO2 gasses in America that endangers my health. I seek $ 25 million for respiratory damages.

2. 1:08-cv-3. Complaint. Under 42 USC 1983. Defendant is in prison holding in West Virginia and plans to come to FCI Williamsburg with my co-defendant Jason Michael Carpenter to inflict bodily harm on me. I'm in danger of my co-defendant, I seek a restraining order forbidding them from coming to FCI Williamsburg.

3. 1:08-cv-4. Complaint 42 USC 1983. I seek $ 4.6 million. I seek a restraining order against Bolliger in West Virginia. I've been harassed by mail by defendant. Also on Dec. 24, 2007, FCI Williamsburg did not give me my mail, this is not a federal holiday, but guards got paid time and a half, a waste of tax payers money. I'm whistle blowing.

4. 1:08-cv-5.  Complaint. Under 42 USC 1983, I seek 2 million dollars. Klinger is an old friend of mine, she has a bunch of computer equipment and a digital camera that belongs to me over interstate lines. She wont retorn my property, she won't respond to my letters or phone calls. I'm neglected from emotional damage. I seek the return of my property.

5. 1:08-cv-6 Complaint 42 USC 1983. My civil rights are violated. I seek $ 92 thousand. Stefanie was my co-defendant, she is neglecting me in West Virginia. I have to discuss court order restitution issues with her but she lost her cell phone. I'm endangered of going to prison and violating parole if I don't pay my fines. I still love Stefanie, but my rights are violated.

6. 1:08-cv-7. Complaint. 42 USC 1983, I seek $ 10 million for defamation of character, she talks negative about me over the internet, the service provider in West Virginia. She neglects to talk about prison abuses inflicted on me in solitary at FCI Williamsburg, I can't get internet access, this is unconstitutional.

7. 1:08-cv-8 Complaint 42 USC 1983. My constitutional rights are violated, I'm endangered by Defendant. Defendant has college ties with West Virginia and Clarksburg, and plans to hurt me. I'm in solitary confinement, this is unconstitutional and abusive, a major civil rights violation. I seek $ 11 million.

8. 1:08-cv-9. Complaint. 42 USC 1983, I seek $ 7 million. Ryder stole my constitutional rights, she told FCI Williamsburg to shoplift my property. I'm in solitary with no access to all my legal work to address civil litigation, this is unconstitutional.

9. 1:08-cv-10. Complaint. 42 USC 1983, Tani is in the sky above West Virginia in a NASA spacecraft watching and spying on any life. This is invasion of privacy. My civil rights are violated, when I take a shower at FCI Williamsburg, guards watch me, my curtain is see through, this inflicts embarrassment on me. I seek $ 7 million.

10. 1:08-cv-11. Complaint. Under 42 USC 1983. This is a international fugitive that plans to work at FCI Williamsburg and be a correctional guard to inflict genocide on me. I'm in danger from defendant, I'm in solitary like a sitting duck at FCI Williamsburg, this treatment is unconstitutional. I seek $ 3 million.

11. 1:08-cv-12. Complaint. 42 USC 1983. Chmerkovskiy is responsible for not giving me my mail on Saturdays with FCI Williamsburg. This is unconstitutional, I have a right to mail on Saturdays. We don't get it until Monday night, that causes me delays, abuse, neglect, solitary confinement is holding me for no reason, because I'm a independent. I seek $ 17 million for civil rights violation.

12. 1:08-cv-13. Complaint. 42 USC 1983 and TRO. I seek a restraining order. FCI Williamsburg plans to ship me to another solitary confinement in Northern West Virginia. My confinement is torture. I hear noise all night, I can't sleep or stretch my legs or see sun light, this is a civil rights violation. I seek $ 26 million.

13. 1:08-cv20. Complaint. Under 42 USC 1983 I have a international warrant detainer lodged against me by defendant who posted it in the New York Times, but violates my due process without giving me a revocation hearing. Gall is a probation officer/journalist for the Kenyan Times. Gall rigged election results, and runs marathons with Kenyans. I seek $ 5 million and the release of my detainer.

14. 1:08-cv-21. Complaint. 42 USC 1983. Federal tort claims. Defendant wrote 16 articles about me circulating nationwide that I hacked into the White House and the National Archives with Sandy Berger. Margaret said I put a Trojan Horse in microsofts windows operating system and spread the melissa virus. These Articles are defamation of character. I seek $ 5 million and a restraining order.

15. 1:08-cv-22. Complaint. 42 USC 1983. Crosby is discrimination against federal inmates, I'm illegally incarcerated and he will not donate me Pittsburgh Penguins Tickets to see him, not having prison furlough's is a violation of cruel and unusual punishment, I can't watch hockey games in prison. There is not enough white Inmates to watch. I seek $ 10 million.

16. 1:08-cv-24 Complaint. 42 USC 1983. I seek a restraining order. I seek $ 3 million. Khanani committed fraud in my name. I'm being exposed that can put me in harms way. I move to stop Khanani from bothering me. I pray for relief.

17. 1:08-cv-25. Complaint. 42 USC 1983. Slander on my name, Scotti wrote an article about me in Nov 2007 issue. I move for defendant to respond, I can submit the article as evidence. Now I receive threats in the mail

18. 1:08-cv-26. Complaint. 42 USC 1983. I move  for a restraining order TRO. Hof is the supervisor to Businessweek that wrote a 2007 Article about credit card fraud. It mentioned my name and location. This is invasion of privacy. I move to stop the circulation of Businessweek.

19. 1:08-cv-27. Complaint. Under 42 USC 1983. I seek $ 5 million in damages. Since I been exposed, defendants are putting me in danger. I seek a TRO temporary restraining order.

20. 1:08-cv-28 Complaint 42 USC 1983. I seek a TRO Temporary Restraining order. Fraud was done under my name. Hino Josa knows my location in South Carolina. Hino Josa lives in Clarksburg. I don't want him to bother me anymore.

21. 1:08-cv-29. Complaint. 42 USC 1983. Moves for a TRO Temporary Restraining order and preliminary injunction. If Comsa transfer to my prison, I could be in danger. He writes articles about my location that puts me in harms way

22. 1:08-cv-30. Complaint. 42 USC 1983. I seek a restraining Order. Patriarca is mad because I took his credit card Visa in 2001, now I'm sentenced, I fear he or his friends are going to come after me.

23. 1:08-cv-31. Complaint. TRO Temporary Restraining Order under 42 USC 1983. This court needs to put a restraining order on Marino. I'm in fear, he was a victim of mine in my criminal case.

24. 1:08-cv-32. Complaint. 42 USC 1983. I seek a TRO Temporary Restraining Order. Mr. Gigante personally wants to do me harm. I seek injunctive relief.

25. 1:08-cv-33. Complaint. Under 42 USC 1983 and TRO Temporary Restraining order. I fear defendant is coming after me and I seek protection.

26. 1:08-cv-34. Complaint 42 USC 1983 and a TRO Temporary Restraining order. Persico is after me from West Virginia. I seek protection for relief

27. 1:08-cv-35. Complaint. Under 42 USC 1983. I seek a TRO Temporary Restraining order. I fear Mr. Gambino is going to come after me. He was a Identity theft victim of mine. I seek relief.

28. 1:08-cv-36 Complaint. 42 USC 1983. I seek a TRO Temporary Restraining order. I'm on Federal property. Ferrara is going to do me bodily harm, I seek relief from this court.

29. 1:08-cv-37. Complaint. 42 USC 1983 I seek a TRO Temporary Restraining order. I fear Flemmi and Bulger is going to do me harm. The Courts are the only people to protect me. I seek protection

30.1:08-cv-38 Complaint 42 USC 1983. Bivens action and Temporary Restraining order. I have alot of people after me including defendant. I seek protection.

ELKINS RICHES CASES

31. 2:08-cv-2 Complaint. Under 42 USC 1983. Yancey won't report anything on prison abuse, she is a travel reporter instead. She does not visit FCI Williamsburg to report horrible conditions in solitary. I see rats, rodents, bugs, bats, unknown species, my cell is freezing, this is unconstitutional. I seek $ 10 million.

32. 2:08-cv-3 Complaint. 42 USC 1983. I can't receive religion, this is a constitutional violation. I'm in solitary and no one will give me a bible. I have a constitutional right to a bible, no one prays for me. Defendant is after me. I seek a restraining order.

33. 2:08-cv-8 Complaint. Under 42 USC 1983. Violation of Due process. Curtis knows the Supreme Court violated my criminal case under Booker and FanFan. Curtis is related to Jamie Lee Curtis and acts like she does not care. The Observer is not observing prison torture inflicted on me. I seek $ 11 million.

34. 2:08-cv-9 Complaint. 42 USC 1983. My civil rights are violated. Defendants grandfather made the atom bomb in the 1940's and gave the secrets and blueprints to defendant, who plans to drop a new atom bomb version from Virgin Airlines over top FCI Williamsburg on federal property. Defendant lives in  West Virginia. He also is a newspaper writer who advocates prison abuse. I'm personally offended. I'm mistreated. I seek $ 15 million for my illegal incarceration.

35. 2:08-cv-10 Complaint. 42 USC 1983. FCI Williamsburg is violating my civil rights. I can't play Playstation. Campus want to turn my life into a video game and remote control me. My case is being a game. I lose in my video game. My life is in danger. I seek $ 26 million and a restraining order.

36. 2:08-cv-13 Complaint. TRO Temporary Restraining Order. I move under 42 USC 1983 and a Bivens action. Defendant wrote a article on me that endangers my safety, letting everyone know I'm at FCI Williamsburg. I move to stop the circulation. I pray for relief.

MARTINSBURG RICHES CASES

37. 3:08-cv-00011 Complaint. Under 42 USC 1983. My civil rights are violated. Defendant committed Fraud acts and put me in prison under Booker and FanFan violation. I can't use a computer. I seek $ 15 million in damages. I also seek a restraining order preventing transfer to FCI Williamsburg.
38. 3:08-cv-00012 Complaint. TRO temporary restraining order. Under USC 1983. Mr. Megale and Riccitelli in Federal prisons in West Virginia. If they transfer to me,  they will do me harm. I'm scared, I move to stop the transfer.

WHEELING RICHES CASES

39. 5:08-cv-1 Complaint. 42 USC 1983. This facility harbors Warren Jeff's followers and guards at FCI Williamsburg attends the symphony for training, then abuse inmates. Noone turns my light off. I get served cold expired food. I seek $ 10 Million for civil rights violations.

40. 5:08-cv-2 Complaint. Under 42 USC 1983. Major civil rights and abuses. I'm in solitary with Termini's nephew. Termini has other law suits on him for food poisoning. FCI Williamsburg contracts food through Termini. My food has no nutritional value. I get sick, constipated, and dizzy eating Termini's food. I seek $ 425 thousand.

41. 5:08-cv-7 Complaint. Under 42 USC 1983 & invasion of privacy and Restraining order. Defendant's committed identity theft. They have my social security # and date of birth in their computers without my consent. I want this information deleted. I compel defendants to eliminate my credit file, Defendants employees have access to my material. I seek $ 15 million.

42. 5:08-cv-8 Complaint. Under 42 USC 1983. My civil rights are violated. Gorman is planting seeds in my head. My life is a science fiction. I'm  illegally incarcerated by defendant and he won't report my abuses to F.B.I. He also got FCI Williamsburg medical staff to puncture my brain stem cells. I'm not getting proper medical care. I seek $ 15 million in damage

43. 5:08-cv-9 Complaint. 42 USC 1983. I seek a restraining order. Niarchos is a boy toy for Paris Hilton and Nichole Ritchie. I sued Ritchie in Court, now she is sending defendant's and greeks after me. The Battle of Troy at FCI Williamsburg. This facility can't protect a trojan horse. Niarchos has shipping connections and will stop me from sending this lawsuit to this court. Niarchos has a expired visa but is roaming the earth with my identity. I fear for my life and seek $ 10 million

44. 5:08-cv-12 Complaint. Under 42 USC 1983. I also seek a TRO Temporary Restraining order. Defendant committed fraud and is in prison. I move for a restraining order to prevent the transfer to her facility. I'm a changed person, my life is in danger. I seek $ 8 million.

45. 5:08-cv-13 Complaint. Under 42 USC 1983. I did business with Converge now and Mr. Farrington in 2002 and I got my money taken, my civil rights are violated in prison. I don't have a lawyer to handle my legal affairs.  I seek $ 15 million because I lost all my investments from defendant

46. 5:08-cv-14 Complaint. Under 42 USC 1983. Rayborn was convicted of stealing from the Church. I'm offended. On 1-5-08, I don't have trust in the Baptist Church anymore. I compel defendant not to transfer to FCI Williamsburg. I seek $ 17 million

47. 5:08-cv-15 Complaint. 42 USC 1983. Defendant Wiele committed acts of credit card fraud with the CVV2 on the back of my credit card. My identity was stolen in West Virginia. Defendant got a charge card in my name. I seek $ 17 million and a Restraining order

48. 5:08-cv-16 Complaint. Under 42 USC 1983. Defendant is trying to defraud me. Defendant committed check fraud and identity theft. I was involved with a ponzi scam, I was a victim. I seek $ 35 million and a Restraining order

49. 5:08-cv-17 Complaint. 42 USC 1983. Goodwin is a unindicted co-defendant. She did Western Union fraud with title services. I'm in prison illegally. Western Unions call center is in West Virginia I seek $ 9 million and a Restraining order

50. 5:08-cv-18 Complaint. Under 42 USC 1983. I seek $ 5 million. Robertson commits computer fraud, that effected my federal sentencing, my civil rights are violated.  I seek a restraining order.

52. 5:08-cv-20 Complaint. Under 42 USC 1983. My civil rights are violated. Hovanesian is not reporting the for profit business of federal prison Industries. This is slave a labor institution of abuses a modern day sweat shot at FCI Williamsburg I seek $ 11 million for pain and suffering.

53. 5:08-cv-21 Complaint. Under 42 USC 1983 and the whistle blowing act. The Imam is donating fraud money to the Holyland Foundation. I'm Jewish and my life is in danger. I seek a Restraing order I seek $ 10 million in relief.

54. 5:08-cv-22 Complaint. Under 42 USC 1983 and federal tort claims for computer Fraud and investment securities fraud, Pinkney endangered my stocks with the stock market and hacked into my brokerage account. I seek 32 million and a Restraining order. Defendant wants to inflict bodily harm on me.

55. 5:08-cv-24 Complaint. 42 USC 1983. I seek a TRO Temporary Restraining Order. I'm scared of Gravano. I been getting harassed by the mail, the prison won't help me, I compel defendant to stop.

56. 5:08-cv-32 Class Action Suit/Temporary Restraining Order. Comes now the plaintiffs in a class action suit seeking a Temporary Restraining order against defendants.  Plaintiff Riches resides in Salters, SC. Plaintiff Haddy lives in Florence, S.C. Plaintiff Sprint Spectrum is located in Kingstree, S.C. Plaintiff's are a anti-fraud social networking group. Defendants have threatened Plaintiff's via the mail and email with bodily harm and physical threats and injury because of plaintiff's beliefs. This is a hate crime. This has been occuring every day since Jan 2007. Plaintiffs lives are in imminent danger. Plaintiffs seek preliminary injunctive relief against defendants and compel defendants not to threaten or harass plaintiffs anymore.

57. 5:08-cv-33 Class Action Suit/Temporary Restraining order. Comes now the Plaintiffs, seeking a Temporary Restraining order Against defendants. On 1-2-08 and 1-4-08 Defendants have threated all of the Plaintiffs with bodily harm. Plaintiffs face imminent danger

58. 5:08-cv-34 Class Action Suit/Temporary restraining order. Plaintiffs are in imminent danger. Plaintiffs seek a restraining order from defendants. Defendants stole plaintiff's identities on 12-30-07, and are getting store credit in Plaintiffs names at Ethan Allen. Plaintiffs lives are in danger and compel defendants to stop. Plaintiffs are scared.

Thursday, September 8, 2011

Ghost Busters!

Stambovky v. Ackley, 572 N.Y.S.2d 672 (1991)

"Who ya gonna call?" asks the Court, remembering a movie entitled "Ghost Busters," a 1984 sci-fi flick starring Dan Aykroyd and Bill Murray.

The plaintiffs wanted the return of the down payment back on the house they were going to buy, because it reputedly had poltergeists.  The court ruled that the vendor was estopped to deny existence of poltergeists on the premises.  "Whether the source of the spectral apparitions seen by defendant seller are parapsychic or psychogenic, having reported their presence in both a national publication (“Readers' Digest”) and the local press (in 1977 and 1982, respectively), defendant is estopped to deny their existence and, as a matter of law, the house is haunted."  The Court stated:

While I agree with Supreme Court that the real estate broker, as agent for the seller, is under no duty to disclose to a potential buyer the phantasmal reputation of the premises and that, in his pursuit of a legal remedy for fraudulent misrepresentation against the seller, plaintiff hasn't a ghost of a chance, I am nevertheless moved by the spirit of equity to allow the buyer to seek rescission of the contract of sale and recovery of his downpayment. New York law fails to recognize any remedy for damages incurred as a result of the seller's mere silence, applying instead the strict rule of caveat emptor. Therefore, the theoretical basis for granting relief, even under the extraordinary facts of this case, is elusive if not ephemeral.
The court also said that haunting is not a condition which can and should be ascertained by reasonable inspection of the premises. The buyer was allowed to back out of the transaction:

In the case at bar, defendant seller deliberately fostered the public belief that her home was possessed. Having undertaken to inform the public at large, to whom she has no legal relationship, about the supernatural occurrences on her property, she may be said to owe no less a duty to her contract vendee. It has been remarked that the occasional modern cases which permit a seller to take unfair advantage of a buyer's ignorance so long as he is not actively misled are “singularly unappetizing” (Prosser, Law of Torts § 106, at 696 [4th ed. 1971] ). Where, as here, the seller not only takes unfair advantage of the buyer's ignorance but has created and perpetuated a condition about which he is unlikely to even inquire, enforcement of the contract (in whole or in part) is offensive to the court's sense of equity. Application of the remedy of rescission, within the bounds of the narrow exception to the doctrine of caveat emptor set forth herein, is entirely appropriate to relieve the unwitting purchaser from the consequences of a most unnatural bargain.