[GM] - they fired me a year after any event took place regarding any conflict between a separate website ......ok... your characterization is certainly the defendants characterization... but it is not my characterization of this case at all...

Well well what is your characterization...

[GM] - I made an arrangement.... an agreement.. with the mayor..I I contacted him... so I wasn't answering any request for a volunteer... I told him I was going to build a website for the Borough of Mendham as none existed. because I thought the town should have a website and I told the mayor quite explicitly I would love your cooperation it would make it much easier much better solid like to be doing this is a collaborative effort... and so basically you could say in a way the town was volunteering for me... but regardless... it was an agreement, and arrangement, a collaboration to create.....

Mr. Mosher my point is you were not employed by the town or paid by the town to do anything.

[GM] - yea, likewise, the town also wasn't paid by me.

Right.. ok so.. and and the town at some point decided not to avail itself of your services anymore.

[GM] - right, they... I was publicly fired three times by the mayor, and the Borough administrator two months after that was making explicit references to me that I was doing an excellent job and there was no problem.

well I missed that... those representations in your papers..... but.. it seems.. we we we have some... well then the second part of this has to do with your request umum for...um Township information... for Borough information.... correct

[GM] - it's a discrimination case.. yes my requests for information are evidence of the discrimination, because there obstruction to those requests prove their state of mind. I mean yes... I would like the OPRA issues.. at some point in this process to be dealt with... As you might see from the evidence the GRC said that you have jurisdiction over those issues and they won't deal with them.

yea, but I understand that... the GRC doesn't tell me what to do...

[GM] - I agree

I do have jurisdiction over those issues

[GM] - you think you do?

ya I think I do

[GM] - well I think the GRC did also... I don't think in my filing I requested you to determine the OPRA violations... I thought the GRC were supposed to be the experts...

well apparently the GSC has decided they don't want to deal with it...

[GM] - ok that's fine as long as they get dealt with somewhere .

I understand but why don't we a... why don't we deal with the um the disability issues first because my threshold problem here Mr. Mosher is that I don't have any evidence of your disability and I need to have...

[GM] - you don't have a copy of the award letter from Social Security?

Well the award letter was dated... let me flip through it here... through this voluminous record.... the award um...

[GM] - it should ...with the original filing of my complaint...

the initial diagnosis I believe was 25 years ago

[GM] - yeah of the initial one

will there hasn't been any since then has there

[GM] - yes there has, not a medical, directly medical, there has been an investigation by Social Security since then .

that... but I don't have...

[GM] - three times I have stated

any evidence of that.

[GM] - I've stated it three times that I would give anybody involved in this action complete access to my social security file.

well you have to do that... as part of opposing this motion. because you have to show...

[GM] - No, the burden of proof is on the defendant, excuse me

No No

[GM] - okay go ahead...

The burden of proof is initially on you.... to show me that your disabled.

[GM] - all right ..so you don't belive that I'm on Social Security disability?

it doesn't make any difference. I have to have evidence in the record.

[GM] - what I am telling you.. OK.. that I am disabled.. the social Security Administration.. the federal government has declared me disabled.

I then... you must have, some evidence of that.

[GM] - what evidence must I have? they lost my Social Security records, I had to refile under child.... you want me to go through the whole bureaucratic nightmare...

... the whole thing in your in your

[GM] - what I'm saying is... you will find in the testimony... with social Security you will find witness testimony from dozens of people. We can have my eighty year-old parents come up here to New Jersey and will go right from my high school...

your parents are not going to be able to testify to your disability.

[GM] - sure they are

I need expert testimony that you are disabled. Now if you can show me that you are currently receiving benefits... from Social Security because of your disability than that creates a presumption of disability.

[GM] - but that's all I need in a summary judgment motion isn't it... a presumption of disability.

would you let me talk for a moment. So you understand what it is that I'm trying to tell you... and by the way.. in some of the transcript that you've given me from various phone calls Mr. Mosher I think if you listen to people you might understand what they were trying to communicate.

[GM] - likewise

are you insinuating that I am not listening to you after spending 3 1/2 hours reviewing these nearly unintelligible papers?

[GM] - 0 ... that's your characterization of my motion, my filing in this matter... unintelligible?

Mr. Mosher you have... as far as I can see... in these papers you have failed to prove....

[GM] - You are violating my constitutional rights...You are violated my constitutional rights...

Mr.Mosher would you listen for a moment because if you don't I'm going to have to declare you in contempt of court and you are going to have to coming here to argue. I'm sorry I'm holding this telephone as an accommodation to you... because you stated you can't come into the courthouse... so I'm holding this you... and what I'm trying to tell you is.... if you can show me evidence... that you are currently or at the time of these activities with the Borough of Mendham.... if you can show me that... that you were receiving benefits for your disability from the Social Security department ... Social Security Administration and that that disability falls under NJ LAD and the ADA then you've shown me your disability.

[GM] - yea well I have shown you an award letter from 1981 [1984]

that's not...

[GM] - and I've shown you an Award Letter from 2004 ... you want one from 2001 and 2002 and 2003..

there are a couple of ways you can prove disability.... one is by a person who is an expert in that area of disability... doing a report saying that... the person has this... and this is what this condition is.

[GM] - that's in my Social Security file.

excuse me

[GM] - it's in my Social Security file. they won't give it to me.... I have to send it to another party... if you want the file sent its numerous voluminous pages ...I just thought...

I don't want to file sent

[GM] - well what else... how else am I supposed to provide you the proof...

...that during this period of time... you were suffering from a disability... and receiving Social Security disability benefits on behalf or on the cause of a disability that is yours... not somebody else's...

[GM] - you want my bank account records... the Social Security check is filed automatically...

but you could be receiving Social Security benefits for any number of reasons.

[GM] - So you do this same thing to people in wheelchairs, people who are blind... who have any other kind of disability? there obligated to provide you with documentation for the time of an incident... that they were covered under that very specific time...

that what we call ...

[GM] - that they were disabled. I'm this saying as long as the standard is equal for everyone else... I don't believe is... but let's say...

But your... I mean that's your bias.... I don't have any bias in this case.... that's why we have evidence.

[GM] - I disagree 100 percent.

you disagree with what

[GM] - I disagree that you don't have.... every human being has biases

Well I don't have any bias against you Mr. Mosher, I've never met you,...

[GM] - I think the record is going to show differently.

pardon me

[GM] - I think the record will show differently.

All right, Mr. Mosher you really made it nearly impossible for me to Aum to ask you any questions or to get any intimation from you. Now I'm going to give it one more try

[GM] - I don't have any of the documentation you or requesting. Social Security has it would you like me to send you the file.

no I don't want the file. because I'm not going to go through your file. I want you to get the file

[GM] - ok

and a a go through... the file... and show me what it is that is in this file that indicates that you are suffering or were suffering at the time of these acts from a disability that's covered.

[GM] - so I should ask Social Security to give me a decorative letter saying that at the period of time... you want to give me the dates... that I have to get a letter saying that those dates they were sending me a check for disability and had declared me disabled.

well I can't

[GM] - they're going have to create a product. they don't have that in the file... day don't have in the file a statement that says on June 5 of 2001 Gary Mosher received a disability check and we thought him disabled.

they don't know that they sent you a disability...

[GM] - No for particular day no

no in 1999

[GM] - of course there were sending me a check but...yes I will have them cover... I will have them covered the five years. I will have them cover the five years at have them say from 1999 forward Gary Mosher was receiving a disability check from the Social Security Administration.... would that satisfy one part of the obligation.

because Mr. Mosher was declared for the following reasons

......

[GM] - so OK... they have to defend themselves too in this process.

No they don't have to defend themselves.

[GM] - ok

[GM] - Obviously they have reason... the federal government.. social Security you know and I know they don't declare someone disabled easily it's a two-year process >>>

what you lose out on by not listening... I'm trying to explain to you

[GM] - and I'm trying to explain to you the credibility...

Mr. Mosher!

[GM] - Allright

I'm trying to explain to you that the law is that... if you can show that you have been declared disabled by the Social Security Administration and it has to be because of your on disability and that they are paying you benefits... and that declaration by the way because I've seen them will tell me what your disability is. Then you have a presumption of disability and then the burden shifts to the defendant... to show that despite the Social Security determination your not disabled for the purposes of the the particular litigation in question. do you understand that.

[GM] - certainly I understand that.

[GM] - all right...... there... and I won't say anything more

if you understood that why didn't you get the required proof

[GM] - I didn't understand that I would be required to prove that. of course I didn't understand that part of it. I've been disabled for 25 years, I've been receiving a check for 25 years, there is no doubt about my disability the defendant can't produce one witness in this town that has seen me more than half mile from my home... in 25 years... not one witness

I don't know why the Social security administration declared you disabled.

[GM] - because I have a psychiatric....

as far as the record in this case is concerned aside from your own statement that your disabled I have nothing.

[GM] - you have the Social Security determination based on extensive investigation and a very credible process. you're telling me it's not a credible process... you need explicit evidence... I'm saying a federal agency has declared me...

I'm going to say this one more time...

[GM] - go ahead... and saying I will provide you the information... I'm not arguing... I am arguing the need for it.

your arguing as if you were a... unable to hear me...

[GM] - I don't agree

you don't want to listen.

[GM] - I think we're going to have to.. what ever... I just don't think we can communicate as human beings at all.... maybe we should move this to another judge.

Mr. Mosher that seems to be a rather universal problem that you have judging from what I have seen in your papers.

[GM] - hhhhaaaa.... another characterization thank-you

Ms. Patel do you understand what I'm trying to say? //////////yes and ua I would just like to add repeat ... After making repeated requests for such information so we can dispute the evidence he still has not provided it.//////////

[GM] - I have made the repeated statement that you can have complete access to my Social Security file.

We don't want complete access to my social Security file.. at least I don't all I want something ....

[GM] - I was talking to Mr. Biscell .... but ok

... from Social Security... now you said that I have something in front of me, I don't think I do

[GM] - With my original complaint I sent a copy of the award letter I received once a year.

and did you include that with your complaint..

[GM] - I did ...

I mean with these papers

[GM] - with my original complaint

well why didn't you include it with these papers.

[GM] - Because I thought that would be redundant I included it with the original complaint.

your original paper have no certification with them. I need it certified to be a true document that it is what it states it is etc. etc.

[GM] - Well I signed my complaint stating that I was representing the truth.

well I need

[GM] - OK OK ... I didn't realize that I did know that I thought it would be another ... wasted piece of paper but ok I can send your copy of the award letter that I have been receiving once a year for 25 years well not 25 20 what ever...

ok... and what does it say do you have it there with you ?

[GM] - it just tells me what amount I'm getting paid No it does not go in to my personal reformation, it doesn't describe my disability it just states that I am going to be paid ax amount of dollars this year and that a certain percentage will be paid by the state

ok... I need to know what your disability is ......

[GM] - OK I will see what Social Security ... what the Social Security Administration can provide... in terms of a letter spelling it out for you.

ok

yea that's what I need

[GM] - I will ask them and see what they can provide.

ok and the reason that I need that.... is that disabilities have to be proved with expert testimony. Do you understand that...

[GM] - it's not a matter me of me understanding it is a matter of me seeing any practical necessity for it ... the evidence is overwhelming to a reasonable person. That I am disable and that I have been disabled... and continue to be disabled.

it's not overwhelming.... its no evidence at all.... Mr. Mosher I haven't seen you and even if I did see you and , I would not be competent to rule whether or not you have a disability because I'm not an expert in the area of psychology or what ever area is that declares agoraphobia.... to be a disability.... I have no idea whether you are or you are not and as an example you could be just simply a person who does not want to go out and stays in his house...

[GM] - and right he doesn't see his family for years of the time, and doesn't go bury his sister... that's right go ahead.... doesn't have a life is a virgin till he is 30.. yea it's all fun and games... but whatever

I don't....

[GM] - whatever... I don't think this standard is being applied to everybody else.

what I am going to do... this motion was filed six weeks ago I think the defendants papers made it very clear that um you... what you had to submit... in order to comply with your..[ 0 here we go] in order to oppose the summary judgment motion... and I don't have any basis at all for denying the summary judgment

[GM] - ok that's fine... I'm going to file a lawsuit against you in the federal government... I'm going to the New York Times... I'm going on hunger strike.... either you are going to be fired or I am going to be dead in the year... but those are the only two choices.

Ok Mr. Mosher.... you are threatening the court

[GM] - No I'm not

yes yes you are...

[GM] - No No... I'm threatening myself. I can't live in a country with people who are doing this to me... this is outrageous.... you want to declare the case over and I haven't even had the opportunity to discuss the evidence.

they filed within 30 days

[GM] - and you're saying I didn't prove I'm disabled.

Mr. Mosher will you listen to me.

[GM] - OK I will listen and then we will conclude this..

.

[GM] - I'm listening I'm not going to speak again.

no evidence that has been presented that you were disabled at the time of the actions that you complain of... with Mendham Township.. there are other frailties with your application.... with your complaint... one of which is that you failed to show that you are an an employee.... So..the..a...

[GM] - I am not an employee

right

[GM] - I have explicitly stated that

under OPRA it seems to me that the Open Public Records Act is something that you were using as A proof that discrimination... so that's not really a cause of action in and of itself

[GM] - NO I'm not...

the remedy, if it is a cause of action, the remedy is production of the records not monetary damages... but I can understand how you would get that confused...

[GM] - no I don't have that confused.. you have misscharacterized my complaint entirely I have explicitly stated that the OPRA ...

there are a a other problems particullly with regard to the McDonnell Douglas analysis in that there hasn't really been a showing that you were performing your job expectations your job requirements up to the expectations of your employer...

[GM] - one month before I was fired from the Borough administrator stating that I've gotten numerous wonderful remarks about the website, you're doing a wonderful job thank you very much....

and possibly that was before, the particular phrases, ...

[GM] - NO it was one month before I was fired.

I'm quoting them from your papers by the way...

[GM] - one month before I was fired

crap of the Internet... unquote... poly prissy pants quote unquote and Fn jackasses... a term by which which I belive you you referred to the mayor... or the Borough administrator I don't know which...

[GM] - that's not true

but apparently the town ...the Borough determined that this type of language was not appropriate for Borough website.

[GM] - and that's a violation of my constitutional rights.

the Borough disconnected a a its relationship with you..

[GM] - violation of my First Amendment rights

I can't even get to that... because the first level has to do with... whether or not you were disabled... and after going through voluminous papers here that were submitted in opposition to the motion... I find that I don't have any evidence even to create a presumption of social security disability... except for statement that in 1984 which was 20 years ago he was adjudicated... and I need some proof... some proof from the Social Security Administration... and that proof I know is available... when as and if you get that proof I'm going to allow you 60 days to file a motion for reconsideration... usually you have to file that within 10 days after the judgment is entered.... I am going to give you 60 days Mr. Mosher.... so that you have time to get this evidence from the social Security Administration... and then I will reconsider the motion upon your application...,um another way that you can obtain evidence of disability... is to have an expert... submit a certification that you have a certain disability, and tell me what it is, so I can tell whether or not it falls within the Americans with disabilities Act or is something that would involve the law against discrimination. so you can do that one of two ways... and instead of holding... you have already had 6 weeks since the application was filed ... oh not quite six weeks .... I believe it was filed on june 16 th ... a little over a month about five weeks... and we don't have the papers....yet... the defendant has been requesting the papers.... and they haven't been produced.... I am going to give you 60 days...

[GM] - that's not accurate but go ahead...

I'm going to give you 60 days... and if you file... it doesn't have to be argued within 60 days... if you file an application for reconsideration... with evidence of your disability.... within that 60 days... I will consider it as opposed to the much shorter period that is provided by the court rules....

[GM] - And if I exhaust those 60 days.... If I exhaust those 60 days...um I am thinking I might just go to the appeals court... why should we bother... but whenever you think ok

Mr. Mosher I'm not telling you how to litigate your case... if you wish to appeal my ruling to the Appellate Division you can do that...

[GM] - I guess I will have to eventually... so why don't I get it over with...

I don't know if you will have to eventually are not... I don't know whether you will be able to provide proof of your disability...

[GM] - well I do... and I also know that you have mischaracterized the evidence, a dozen times in this conversation,

ok.. so..I ..I interpreted the evidence the best I could... from what I have before me... and I've tried to be as patient as possible. considering um... your lack of desire to hear what I have to say... I just want to make sure that you understand that within the next 60 days you may file a motion for reconsideration... and I am putting that in the order.... so that so that the application itself will not be refused by the clerk's office or anyone else in administration.....

[GM] - and if 60 days expires you will... file a final order in this case

this is a final order.... subject to your motion for reconsideration... which may be filed within 60 days

[GM] - I just saying a motion for reconsideration that has a fee attached to it doesn't it...

I really can't tell you... if you call the clerk's office they will tell you...

[GM] - I'm just saying I'm going have to pay $200 I might as well go to the appeals court is what I'm saying.

it's not $200 it's a fee for a motion... audit complaint - all right....

[GM] - n..n..No none of this is all right, but I will do what I have to do... thats your order thats your order...

alright

[GM] - I don't like it... I don't agree with it... I think you're violating my constitutional rights... what else can I say I think my First Amendment rights had been violated by the town of Mendham and you just violated my fourth amendment rights my Fifth Amendment rights... I mean we can go right down the list...

well Mr. Mosher I'm sorry that you feel that way.

[GM] - this is not due process.

you have certain obligations that are usually prid pro qoe for the exercise of those rights and ... one of your rights behind access to the courts.. is that . is that when you do have access to the courts ... you have to comply with the rules of evidence

[GM] - I understand.. this is a summary judgment motion... can I just read one statement from Brill

yea

[GM] - "the party moving for summary judgment bares the burden that there are no genuine issues of material fact in dispute".

that's correct

[GM] - the court also uses the word "beyond a reasonable doubt" the court also uses

no no

[GM] - yes, it is in the court..it is I ... I'm not gonna argue this now... it is in the case law

beyond a reasonable doubt is a criminal...

[GM] - right, they used the word because that's what they mean... by so convincing... so one sided... that there's no ....well I'm just saying the issue of my disability when

well it is.. no evidence at all on your side.

[GM] - of course there is... a federal agency of the united States government The social Security Administration has declared me disabled.

Mr. Mosher if that happened... you filed this complaint last year sometime...so .. you knew that you were going to have to I ...

[GM] - Right ...I sent the award letter

the motion was filed five weeks ago

[GM] - I sent the award letter with my original complaint...

They have been asking for evidence of your disability.

[GM] - And I have been saying that the Social Security file is there for your perusal... pick out what you need and take it...

it's voluminous and you know what... it's not my job to litigate your case... it is your job to litigate

[GM] - the burden the burden the law says the burden is on the moving party. to prove that there is no issue. I don't believe

[GM] - I don't believe

[GM] - I just want to get that on the record... that it is your contention... that it is not.. a reasonable person , that's also in the law, a reasonable person couldn't disagree with your presumption that the plaintiff's [I meant to say defendants'] in this case has proven or established that my disability is doubtful...

a reasonable juror... would not be able to conclude that you were disabled at the time of...

[GM] - that's not what the law says... the law says they have to prove that it would be unreasonable for them to think that I was disabled.

I could not submit the issue to the jury...

[GM] - we're are not talking about submitting the issue to the jury yet are we ... I'm not going to the jury yet

.... submit the issue to the jury because I do not have any evidence....

[GM] - but I could prove it to the jury... I have established that there is a very high likelihood that I could prove it...

....60 days

[GM] - We got it on the record that's all we need it's on the record... I have recited the clause in Brill ... this is a summary judgment motion ...this is not a pretrial hearing... this is not a trial ... this is a summary judgment motion my burden is to create a doubt ...even... all I have to do is prove that it is not beyond reason to believe that I am disabled and I believe I've certainly established that... [attempted interruptions] By that standard I've created plenty of reason to believe Iam disabled.

Allright... disability has got to be proven by expert evidence....

[GM] - look that thats at trial ... thats at trial not in summary judgment...

excuse me

[GM] - that's a legal argument for trial.... not for summary judgment.

right... I wish you vary... I wish you good luck... Mr. Mosher... I'm trying to help you and ... and you don't seem to be able to avail yourself of my help.

[GM] - yea

I am going have to end this argument at this point it is now five minutes to10 and I have other motions on this day... to deal with and sence you are not willing to listen to what I have to say [hup] when I try to help you I am going to have to end this argument.

[GM] - that is a silly characterization

do you have any questions

[GM] - questions? no I have statements... I don't have questions...

ok

[GM] - ...there's no questions.... "did you graduate from high school" ...there's a question.

um ........ Mis fossil do you have any questions? or further argument...

^^^^^Bistell [ too faint to hear... something like thank-you Your honor for taking the time to hear our motion today]

all right thank you miss pisscell ...ua this motion argument is at an end... and I just want to reflect on the record... that it is at an end because Mr. Mosher has not lissened to what the advice I have tried to give him... help him through his case... and um he is engaging in rude conduct.. that I do not permit to take place in my court room, and I'm not going to permit it to take place via telephone... you are held Mr. Mosher to the same standards of courtesy and professionalism as the attorneys to appear in front of me... and I hope that when you get your Social security information... that hope you will get it's if it's actually there... and file within the next 60 days... if you need an extension and give me a reasonable basis for it I will grant you that... but I hope that the next time that you appear before me you can act according common human decency. Thank you very much and a we will resume this if there is another application... I will send out the order.