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Pro se lawsuit?
Mendham:
SSB Was A Fraud:
Pro se lawsuit?
     By . . on Saturday, January 21, 2006 - 12:15 am: |
I originally posted this to another ssb sucks message board.... but as it is as unpopular as this one a figured I might as well bring my junk home.
November 12th I sent this e-mail to SSB. I wasn't going to make it public.... but thinking it over they really deserve no polite courtesy's. They sent no reply.
quote:Quote:
I love the idea of this website but I think your implementation is a little sloppy and if you allow something other than completely unique ideas submitted by only one person to reach the finals... You may well be in for some legal trouble from people who may have a defacto copyright based on prior publication.... For example... I have spent six years researching and commentating on the subject of a "public search engine" in the rough mold of public libraries ( see this website -- http://donotgo.com ) Frankly, if someone has earned "title" to this idea it is me without rational dispute or challenge. Considering that I have written perhaps hundreds of thousands of words (on my web site and industry message boards) on this subject in an effort to promote the idea, you might be able to understand that I would not be pleased to see someone get paid $100,000 for 185 words. To be clear, I don't want the money personally, and would be willing to sign over rights to the idea if the prize money were to go to the cause of creating such a search engine.
Bottom-line... through sloppy implementation I believe you are facilitating the theft of intellectual property and are venturing into dangerous legal ground. If you "fix" your contest to exclude previously published ideas from reaching the finals-- your website becomes a deception. If you pay someone $100,000 for describing someone else's previously published idea in 185 words you're likely to make someone very angry.
I have not yet decided whether it is advisable to publish any ideas on your website. If I do choose to is it permissible to link to more detailed description of the idea. Frankly, the simple ideas like sliced bread (that have no deeply entangled complications with existing infrastructure) have already been invented... what the world needs now is good ideas that are well thought out and that anticipate implications... revenge war is a simple 185 word idea-- but look at the hell that has got us stuck in.
Gary Mosher
Here's what I consider my best three ideas submitted.... in simple truth I would stake my life on the guarantee that all of them would lead to substantial social productivity gains, and cost almost nothing.
Permanent Ballot Question..Question
Allow Democracy To Evolve
Whatis the Whois and fix search
PostPosted: Fri Jan 13, 2006 10:53 am
Not that I was expecting anything like--Gee Gary pretty perceptive of you to see this coming-- but I thought some of the people referencing legal issues would have seen the legal value in having this evidence of prior warning. The fact is I [we] can file a pro se lawsuit-- if someone else will pay expenses of about $300 -- and through the rights of "discovery" we can oblige this union to produce evidence of this marketing schemes honesty and credibility. Clearly people [we] were deceived into believing that our ideas would be judged by a credible -even semi famous- panel... the plain truth this our ideas were eliminated without honest review based on their consistency with a preordained, and undisclosed, agenda.
PostPosted: Sat Jan 14, 2006 10:20 pm
I've pretty much decided that I'm going to file a civil lawsuit. It will cost about $180 to file the papers in the civil division of the D.C. courts. I haven't done any research on Washington D.C. or New Jersey laws regarding Internet or related fraud so I don't no exactly what statutes I will be claiming violations under. Essentially, as I see it, they have taken my intellectual property under the false promise that I would receive a fair opportunity to be paid $100,000 for it. Essentially by their own admission, my idea could have been worth $100,000 ... so that's the amount I'm going to sue for. I am figuring on requesting a jury trial... with the hope that I can put the question of whether the 21 finalists are, in fact, "original and practical" ideas to the jury. I'm figuring if I can merely keep the case in court long enough to force senseslicedbread to hand over the truth regarding how this marketing stunt was conceived and perpetrated, it'll be worth the time and money. To keep the case in court I'm probably going to have to "effectively" argue that in a "fair" contest-- where most ideas were not eliminated from consideration by a undisclosed narrow political agenda-- that one of my ideas was a very realistic, even probable, winner.
I will be setting up a web page something like this, past...but failed, attempt to impose justice. the odds are probably long... but what the hell. I do have the one card in the hole, of having sent the unanswered letter warning of sloppy process and legal jeopardy.
There is the potential of this case being converted into a class-action lawsuit-- but in most jurisdictions you have to get the litigation off on the ground first. Anyway any help regarding legal strategy and the composition of arguments would be appreciated. As I get stuff put together I will post it online for your critiques and suggestions before I send it out.
PostPosted: Mon Jan 16, 2006 6:30 am
As I sadly anticipated, the D.C. courts are a joke .... they don't even have a copy of the Court Rules available on-line. I really don't wanna make this a federal case.. but that might be the only practical choice. Until I work out the logistics (choose where to waste my money)-- I did go over to the federal Internet Crime Complaint Center.... this is what I posted as a description of the crime:
quote:Quote:
The website promoted itself as some sort of grass-roots American "idea" foundry that would be able to break through the barriers of status quo politics. The deal was basically you give us your best ideas (hand over all rights to) and if it is the best idea since sliced bread-- will give the idea valuable exposure and you $100,000.00 .
This is a quote of commonly used promotional text:
"" We're looking for fresh, new ideas for a better America. Do you have a common-sense idea that will improve the day-to-day lives of everyday Americans? Or an opinion on how working families can succeed in the new global economy?
You have until December 5, 2005, to submit your idea and to weigh in. A panel of judges will select the top 21 ideas. All of America will be able to vote on the finalists, and on February 1, one person will win $100,000—runners up receive $50,000 each.""
What wasn't made even obscurely apparent was that 99 % of the 22,000 ideas submitted would be eliminated from contention before the judges ever saw them based on their consistency with a undisclosed narrow political agenda. The contest simply wasn't honest, it relied on deception to solicit participation, and then it exploited that participation to imply credibility. In a world in such desperate need of honest thoughtful solutions to problems, this cheap marketing stunt was a truly insidious crime against the cornerstones of civilization-- honesty, integrity and decency. It was an arrogant crime committed in broad daylight, and it deserves the harshest punishment the law allows.
It is probably just part of the government pretense of a justice system but only takes a few minutes to fill out the form, so what the hell...
If you decide to also file a complaint --you will need the Union address:
Service Employees International Union
1313 L Street, NW
Washington, DC |
| By 2....... . . on Thursday, January 26, 2006 - 6:20 pm: |
Not that there is anyone listening.... but I did send out a complaint to the D.C. Superior Court today. I was hoping I could of got this sent out a little sooner so I could have the summons back in time to serve it before the winner was announced...but... My next step is to get ready to submit discovery requests. I haven't given it much thought yet regarding exactly what documentation I will ask for... I suppose a good start would be all correspondence between union representatives and the "celebrity" judges.
If you do happen to be out there reading this, and you have suggestions regarding what questions I should ask, and what documentation I should request ...your input will be appreciated. |
| By 2....... . on Wednesday, February 01, 2006 - 1:04 pm: |
....and so the standard bureaucratic nightmare begins.
I called the court today ((202) 879-1133) to see if my complaint was processed and as feared there isn't even enough competence in the system to accomplish that. First, you get one of those charming recorded messages informing you of office hours and such which concludes with the standard "hold for the next available" mush ... the D.C. courts add the extra charm of a recording of someone hanging up the phone before the piped music begins-- fortunately it was classical music so I incurred no brain damage... So I waited through a few recorded hangups and finally get a "clerk"... I give the name, and ask the simple question... after a little computer processing time... I get asked the question "you sent it certified?" ...I answer yes... and she connects me with some other guy who tells me I have to talk to someone in the mail room and find out who signed for it... so a little more holding and I get to the mailroom where I'm asked what Division I am inquiring about... I answer civil and am switched back to the main operator.... eventually I get back to the mail room and point out that I need to know who received my certified mail... they ask me for the tracking number... oops, I don't have that (I had someone else send out the papers and don't yet have the receipt) I point out that the papers were from out of state, and that, "I would think" that's got to be part of the records you keep regarding mail you receive... as if I did not say anything... I get the reply "we have to have the tracking number". I guess we are done so, I go into "I will just make a futile speech mode".... So I explain that the Superior Court of Washington D.C. really should be able to receive a certified mail complaint, without requiring the plaintiff to investigate to find out what incompetent signed for a piece of certified mail and then wiped their ass with it. Why is it my job to find out what happened to the mail I send you.... I paid extra to make sure it gets to you... there's pretty much an absolute certainty you got it... but now it's MY job to find out which one of you bums didn't do your job.
The good news, everything's going pretty much as anticipated. |
| By 2....... . on Thursday, February 02, 2006 - 3:06 pm: |
So I summoned up my courage and called the D.C. Court again today. I did check ahead of time with the Post Office to see when the certified mail was delivered... the post office had to try a couple of times but it finally got there January 30th.
I pretty much don't have the mental strength to explain all the little imbecilities I had to endure during the 30 minute phone call... In brief summation-- they originally couldn't give me any precise information regarding the processing of my complaint... They speculated that the complaint was rejected because I did not provide 3 copies of the summons... I explained that their website information states that only one copy of the summons per defendant is required... So I eventually speak to a supervisor... she contends that it does say on the website that 3 copies are required ....I of course say "no it doesn't" as I "know it doesn't". She looks it up on the website and eventually concedes that it does not say 3 copies... but she also says something like tough luck on you if your complaint was rejected.... I suggest, very politely, that maybe someone should fix the website... she explains that it is not her job... I suggest maybe she could send a memo to the person whose job it is.... she suggest I call... I suggest that I KNOW it's not my job to fix your website... I also explain that the court really should have the court rules on-line... she pronounces that you have to buy those... I point out that you should not have to, and I start explaining how it's kind of crazy that she knows the information is wrong yet she will lift not one pinky in the effort to make information right... by bizarre coincidence the line is disconnected.
Now for the good part... about 20 minutes later "a nice person" at the D.C. Court calls me. She says she's inquiring regarding the address of the Union named in my complaint... I explain that the addresses is in the first paragraph of the text... she explains for future reference that the address should be in the title... I inform her that I had just spoken to a supervisor regarding the deficiency in the number of copies of the summons-- and explain that maybe the court could give me some latitude considering the circumstances. She asks for the supervisor's name, which I don't remember... but I think she understood my point, and I hope, the complaint did get filed today... now I've got to wait for the summons to get back to me... so I can send it on to the union.
So, a little heavy lifting... and we have moved our first inch in our mile journey... the optimism and excitement is certainly taking the edge off the chest pains.
I do have the original conversation on tape... and I was going to provide excerpt's here... but being that things worked out [I think] in the end I will hold off on trying to get even for this BS. |
| By 2....... . . on Monday, February 06, 2006 - 3:45 pm: |
Apparently in America you can't sue the lying bastards, without first enduring the incompetent bureaucratic bitch gauntlet.... "due process" really is getting quite elusive.
Anyway... here's the story... the supervisor bitch sent back my paperwork... even after we had talked, and she admitted they had incorrect information on the website... out of sheer pettiness, she sent the paperwork back citing these deficiencies:
The form checks off: "required number of summonses/complaints were not included". ... and adds the note: "Money order not signed by purchaser. In addition, the defendant's address is not listed on the complaint, and 3 copies of the summons required for fileing. Please make the above referenced changes and resubmit".
Obviously, the three copies, is their fault not mine.
Regarding the money order: Here's a copy... there's no place provided for any signature.... and there is no obligation to fill out sendor information.
Regarding the address, it's in BOLD type in the first paragraph.
Here's a sound file of a portion of my conversation with "Supervisor" Aletra. (800k)
As I peace things together, the nice person I talked to about the address problem, apparently gave my paperwork to the Bitch... and she decided to exercise extreme Bitch authority to mess with my legally filed lawsuit. Personally, I am way past sick of this bullshit and would vote tomorrow to break every government employee union. The incompetents really has gone beyond rational tolerance.
Here's a transcript of the sound file:
After looking it up on the Internet the bitch replies :
[The Bitch] You're correct, it does not give that information, but that's what you're required to file with the clerk's office.
[ME] okay...
later... [edited out part where I explain how the website also list a phone number that just gets you a rude guy who tells you, he is not the civil division.]
[ME] ....(so now I have to) resubmit the same paperwork, except it will have three copies of the same summons, you could just mimeograph, it's only one page, I don't really understand why you could not make three copies.
[The Bitch] Sir that's not our job.
[ME] I'm not saying it's your job, I am just saying that your information was wrong though wasn't it?
[The Bitch] it's not that it's incorrect...
[ME] doh.. oh ... It doesn't say the three copies, but that's not incorrect?
[The Bitch] well ser I'm not going to argue with you...
[ME] and you're not going to fix your website either...
[The Bitch] No sir I don't have control over.....
[ME] Oh, It's my responsibility... you have something that is broken and it's my responsibility to fix it, is that how it works?
[The Bitch] did you hear what I said.....
[ME] I heard what you said, but I'm not going to fix your broken system.
[The Bitch] (inaudible)... website, you are free to call her, she has a autonomy over that, not the civil clerk's office
[ME] and you can't send her a memo... saying ..."you know what...."
[The Bitch] no ser she is my boss, I don't send her memos.
[ME] you don't send your boss a memo?
[The Bitch] (inaudible)
[ME] amazing! so you know the website information is wrong, and you're not going to...
[The Bitch] ser my name is Aletra Barnet you are free to contac her, and I'm not going to argue anymore. |
| By 2....... . on Tuesday, February 07, 2006 - 5:35 am: |
I am sending this note back with my papers.
I believe these papers were found deficient, and returned, based on a malicious petty act committed in violation of federal law. Any further interference in the exercise of my constitutionally protected due process rights by the staff of the D.C. Civil Court and I shall name and prosecute that staff personnel "personally" in federal litigation citing the Federal 1983 statute.
Regarding the specific deficiencies found.
1. As to the 3 copies of the summons, I spoke with Mrs. Aletra Barnet prior to her rejection of these documents. In that recorded conversation she conceded that the information provided on your website does not indicate any notice of a requirement to provide 3 copies. The available documentation states that one copy per defendant is required. The "deficiency" is in the information you provide Pro se litigants... and rejection of my documents under this circumstance cannot be reasonably excused.
2. As to the unsigned money order there is neither a requirement, or provision for, a signature.
3. As to the defendant address being included on the complaint. As I pointed out to some staff member on the phone. The address is in BOLD in the first substantive paragraph of the complaint. That staff member indicated, for future information, that the address should be included as part of the case title... but clearly did not indicate that the papers would be found deficient for this trivial inconsistency with perfection. |
| By 2....... . on Saturday, April 08, 2006 - 9:48 am: |
As if corrupt judges and lying lawyers are not enough of an impediment to justice, you also have to navigate the evil gauntlet of the incompetent or maliciously petty court bureaucracy. When I initially filed my complaint they rejected it citing that I did not provide enough copies of the summons--even though they admitted that the information provided in the pro se guide was incorrect regarding the number of copies required. Then they claimed that I didn't sign a money order even though money orders don't provide any place for a signature. Now these idiots have sent back my certification of service for a second time and are stating that I'm required to fill out a form and have it notarize to validate the indisputably obvious fact that I sent the summons to the organization's legal department. What makes this all the more ludicrous is the fact that the defendants have already answered the summons-- so obviously it reached its target and there will be no need to examine the quality of the service of that summons.
Here's the proof of service they rejected
here's their deficiency notice
and here's a copy of the form they sent
This is all obvious bull shit and these "people" should be on trial for violating my constitutional right to due and equal process. |
| By 81... . . . . on Monday, June 05, 2006 - 10:10 am: |
| I can TOTALLY feel your pain, although my issue was in the Hudson County family court system. What a joke! Father's have no rights, while mothers do whatever they want with the kids without receiving so much as a "slap on the wrist" from the judge. The family courts only care that the kids don't become welfare recipients, they care nothing about enforcing the visitation rights of caring fathers. They enforce NOTHING despite obvious and repetitive proofs. It's disgusting, discouraging, and enough to make someone lose their mind. I've gone through the court system via pro se AND with an attorney, to which the outcomes were very similar - I'm still back at square one and still not seeing my son. |
| By 81... . on Monday, June 05, 2006 - 10:15 am: |
| And I forgot to mention, to the courts and Probation (child support enforcement) father's are nothing more than dollar signs. Apparently they don't feel that kids need fathers as much as they do their mothers. You're paying child support? Good, that's enough, no need for you to see your kid. That's their warped mentality. It's sickening and partly the reason I think there's so many screwed up kids in this world we live in. |
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| By 07. 1... on Thursday, June 16, 2016 - 4:00 am: |
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