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Pastimes : Investment Chat Board Lawsuits -- Ignore unavailable to you. Want to Upgrade?

To: mmmary who wrote (8274)	4/30/2005 3:34:26 PM
From: olivier asser	Respond to of 12465

Closer to the latter. Read here: Subject 51389 If you have PACER and I'm sure you do go to the Western District of Texas docket, we're waiting on the rulings. Flooding the courts is bedi bad karma I learned the hard way. The defense lawyers 1 1/2 years ago in VA federal court wisely sent me rude, lecturing e-mails all the time giving me advice knowing how I would react, do the opposite, looking back it was quite clever thanks counsel you did teach me quite a bit, they'd say oh no filing evidence is premature now and so the next thing I do is file 10,000 pages. Finally during default proceedings a judge in court ordered me to file an affidavit of damages and said "My clerk is very afraid you're going to file 20 boxes of evidence" and we all laughed including me, I said well I think I got the court's message I filed too much and he said "It doesn't overwhelm but it underwhelms." Now Berber and Moor made that mistake, hoping I'd try to top them (too late now), they filed a stack of e-mails and the judge clearly was not pleased said so what in court when I was there in Austin December. I don't know what case this woman has, but if it had any merit a sure way to blow it is by after filing the complaint flooding the court. For example I've only made two filings in the past nearly six months.

To: mmmary who wrote (8274)	4/30/2005 3:41:39 PM
From: olivier asser	Respond to of 12465

When I said other side I meant you're defending but as for an outcome our side seems to be the same: restraining and/or punishing fraud.

To: mmmary who wrote (8274)	4/30/2005 3:59:52 PM
From: olivier asser	Respond to of 12465

Can you post a link to your Rule 12 motion? That I would like to see. By the way, we're on the same side in one regard: you got SLAPP suits I got threatening letters, then injunction motions, sanctions, declare me vexatious, etc., but on top of that I've had state tax officials wreck my credit with a $1.7 million lien based on fraudulent trade records sent to IRS by one brokerage firm I targeted, IRS called them a fraud but VA went after me, and it took years to get that finally blocked by a Circuit Court judge who warned if they didn't I could come back for a permanent injunction, which the judge ordered from the bench and in a written order in spite of the Office of the Attorney General calling me an abuser of the judicial process, saying I should know injunctions are improper and asked for sanctions plus get this punitive damages for trying to protect myself from ruin. When they in Court had the nerve to claim I was barred from any Circuit Court proceedings unless I first posted a $1.7 million bond, the judge became visibly angered and said directly to the Assistant Attorney General: "Do you have 1.7 million dollars? I don't have 1.7 million dollars! And he doesn't have 1.7 million dollars!" Then the judge, for which I was grateful, in a seemingly innocuous tone asked, "Do your clients have immunity under the Civil Rights Act?" They then said, "Yes, your Honor, we do." Then: "I know for a FACT that there is NO immunity under the Civil Rights Act!" Now you can see why I kept fairly quiet during this hearing, except when they claimed they sent me a notice of assessment I said OK where is it, how could I file any administrative appeal without it and the judge said that's right how could he appeal without notice. Then they say we sent it, your Honor, on 3/27/02, our computer screen printout says so...but no we don't have a copy because they're not recorded. Then I say OK your Honor well to which address did they send it, then? Judge asks them and they say they can't say, "We updated his address when he sued us." The judge looked at me as if to say yeah right they sent it but how to prove it and after some research I filed in court that as a matter of law I don't have to prove anything, they have to prove notice or legally there is none. Then they tried to take aim at my relief requested, $14 million in compensatory and punitive damages, which is what they falsely claimed I earned trading in one year. They scoffed at that figure and then the judge, without blinking an eye, said, "Reputational damages are available. So you can see why I mostly tried to say as little as possible. Your case is interesting because you're pro se, and very interesting in that judge's letter the passage about leniency and pro se advantages. So far, I haven't seen any of those in evidence in my litigation, if anything the opposite, 2.9 strikes against from the get-go no matter what you file if you're not an attorney, but in Texas one order indicates that this is a totally level field and I'm not going to be treated better or worse than my opponents who can afford any attorney in the country. Though I don't have all the facts of course, I admire anyone who fights back against fraud - even if they have to represent themselves in court. I could tell from one posting I found that you've earned the respect of some attorneys winning the first SLAPP suit.