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Friday, April 19, 2013

Federal Authorities Are Taking Underhanded Steps To Cheat My Wife In Lawsuit Against Insurance Firm


Hugo Black U.S. Courthouse
Officials at the Hugo Black U.S. Courthouse in Birmingham intentionally are failing to mail documents in my wife's employment lawsuit against Infinity Insurance. The goal clearly is to give U.S. Magistrate T. Michael Putnam an excuse for dismissing her case, but we might have gathered enough evidence to foil the scam for now.

How can I say with certainty that federal justice officials are trying to cheat my wife in a case styled Carol Shuler v. Infinity Property & Casualty et al (2:11-cv-03443-TMP)? A review of the court docket, and official actions in the case, can lead to no other conclusion--at least none that come to my mind. All of this indicates my wife has an extremely strong case, and powerful interests in the Alabama legal and insurance communities are making underhanded efforts to deprive her of any shot at justice.

Mrs. Schnauzer (MS) is representing herself, acting pro se, and that means she must rely on the U.S. mail to receive documents from the court; only members of the bar are allowed to file and receive documents electronically. She failed to receive several key documents last December and filed a motion, notifying the court that she had not been served and asking for a time extension to file objections. Putnam granted the motion but stated at a hearing, and in an order, that it was her responsibility to ensure she received mail--and hinted that he might dismiss her case if she missed deadlines due to mail issues in the future.

We suspected then that someone intentionally was failing to mail documents to MS. Subsequent events leave no doubt that our suspicions were on target.

How do we know? The scheme started to become clear to us when U.S. District Judge Abdul Kallon, on March 29, filed an order and memorandum opinion regarding the magistrate's recommendations in the case to that point. Kallon had presided over the related case under the Fair Debt Collection Practices Act (FDCPA), which MS alleges led to her unlawful termination at Infinity. Kallon's actions in the earlier case disqualify him from hearing the current case, so MS filed a motion to recuse on April 5. (The motion can be viewed at the end of this post.)

The key point in the recusal motion is summarized in item No. 5:

5. Judge Kallon already has demonstrated prejudice against Shuler requiring his recusal, per 28 U.S.C. 455, Section b (1). In addition, Kallon presided over another lawsuit, Roger and Carol Shuler v. Ingram & Associates, et al (Civil Action 2:08-cv-1238-AKK), which is central to the current proceeding. Under 28 U.S.C. 455, Section b (1), it states that a judge shall disqualify himself in circumstances where “he has personal knowledge of disputed evidentiary facts concerning the proceeding.”

When MS filed the document at the Hugo Black Courthouse--as a pro se litigant, she must file documents in person, the old-fashioned way--she checked the docket report for the case and noticed a number of peculiarities. (Pertinent segments of the April 5 docket report can be viewed at the end of this post.)

Most peculiar was this: Four days earlier, on April 1 (April Fool's Day), an order had been entered setting a scheduling conference before Putnam at 10 a.m. on April 10. This was news to us because we had not received notice of the conference via U.S. mail.

Here's what I said to my wife upon learning of that docket entry on April 5: "They've had four days to notify you about the April 10 conference, and they haven't done it. They have five more days to notify you, and I bet they won't do it. In fact, I bet they have no intention of notifying you. Given Putnam's warning, they probably are counting on you not to show up, so he can dismiss your case."

MS agreed, and she vowed to be there on April 10 to see what would happen. "Here's what I think will happen," I told her. "You will catch them off guard, and they will have to come up with some sort of excuse about why you weren't notified by mail. They also will have to come up with some excuse for postponing or canceling the conference because they probably have no intention of having one."

My predictions don't often come true, but this one was pretty much on the mark. We arrived at 9:55 a.m. on April 10 to find an empty courtroom. A security guard stuck his head in the door and said, "I heard this session has been canceled."

"We didn't receive notice that it's been canceled," my wife said. "We didn't receive notice about it at all."

A few moments later, a young man entered the courtroom and identified himself as David Waters, Judge Putnam's law clerk. A couple of other guys entered at about the same time and stood facing us, with their backs to the bench. It was as if they expected us to somehow try to steal the judge's roost.

"Judge Putnam isn't here today," Waters said.

"He isn't here?" we said, more or less in unison. "He scheduled this."

"Well, I'm sorry," Waters said. "But he isn't here. It's been rescheduled."

We noted that we had driven roughly 30 miles round-trip for this conference and didn't appreciate showing up to be told it's been postponed. We also noted that we had received no formal notice about the conference and only knew of it from checking the docket on a public computer. We asked why my wife had repeatedly failed to receive court documents in the mail. Waters got a sheepish look on his face and offered no answer.

"You know this case is damned important to us," I said, "Everyone in this courthouse seems to treat it like a joke. We've had cases before Judge Acker and Judge Kallon that have been treated like jokes."

At this point, one of the two other fellows stepped forward and informed me I shouldn't curse Mr. Waters.

"Who are you?" I said.

"I'm with the U.S. Marshals Service."

"Why are you here?"

"I'm here for another proceeding."

"Well, Mr. Waters is Judge Putnam's clerk, and we need to ask him some questions about what happened to this conference. And I didn't curse him. I used a word to emphasize how important this matter is to us."

With that, Waters gave us the new date for the hearing and we started out the door. I stuck my head back in to make one more point to the man from the marshals service. "You're here because you knew this was a scam, and you knew we probably were going to be angry about what's being done."

The guy didn't reply, and we left.


Previously in the series:

We Catch Federal Court Employees In A Con Game On My Wife's Lawsuit Against Infinity Insurance (April 11, 2013)

Does The Federal Justice System Deserve Our Trust, In Boston, Birmingham, Or Anywhere In Between? (April 16, 2013)




24 comments:

Anonymous said...

LS,

You basically have uncovered an organized crime scheme. There is collusion among multiple individuals to rob you of your constitutional rights. And they think they are doing it in a clever way that would exclude them from any criminal charges. The legal tribe (organized crime syndicate) are protecting their own and I don't foresee anyone from the DOJ looking into this matter unfortunately.

Anonymous said...

Downloading: OccupyTheEconomy


http://pdfcast.org/download/occupytheeconomy.pdf

Anonymous said...

Gee, isn't it a shock that federal courts would side with the needs of an insurance company and its lawyers over the constitutional rights of Carol Shuler? Our country truly is going to hell, and that's incredibly sad when you think of the people who gave their lives so we could have a 14th Amendment and then a civil-rights movement.

legalschnauzer said...

Anon at 7:33--

You are correct to call this organized crime. And it should be noted that federal judges are immune from lawsuits (in almost all cases), but they are not immune from criminal prosecution.

Anonymous said...

Remind me to never do business with Infinity Property & Casualty. Higher ups at that company know what is going on with this case, and they have more or less signed off on it. Disgraceful. Of course, this is an insurance company, so we shouldn't expect anything other than predatory behavior.

legalschnauzer said...

Anon at 9:22--

Generally, you need to be a really sucky driver to do business with Infinity. They make their money by insuring drivers that other insurers don't want to insure. But you are correct that this court case says a lot about the company's utter lack of ethics.

Anonymous said...

God, I love it! They didn't think you and your wife would know about the April 10 conference because they didn't mail out notification. But you were at the courthouse to file a motion and had sense enough to check the docket and find out about the hearing. You caught em red-handed, LS. I guarantee they were planning to dismiss Mrs. S's case when she didn't show up for a conference about which she did not receive notice. So what happens? She shows up, and the judge isn't there! Hah, hah--suck on this, "justice system"!!

Anonymous said...

What do you want to bet that Putnam was there on April 10? He just sent out his "Waters boy" to run interference for him. No wonder "Waters boy" had a sheepish look on his face. He's probably thinking, "I spent all that money on law school to wind up doing this?" Welcome to the real world of law, young fella!

Anonymous said...

Thanks for running the docket on this, LS. Folks who are familiar with such documents should have fun checking this out. I love how you use public records to flush out these corrupt c---suckers. Great stuff--and highly entertaining.

legalschnauzer said...

I should note that this is not the full docket as of April 5. I think the full docket on that date was about 12 pages, and only about three of them were relevant to this post. I didn't want to scan the entire thing, but it's available to anyone who has PACER.

Anonymous said...

Here's the good news, LS--your wife must have one helluva case if Putnam and Kallon are trying to pull this kind of garbage.

Coyote Lane said...

LS, the millions of Americans who are exactly the same as Mrs. and you and/ or worse off, and then some get off better, can thank the internet that you are the champion of truth and justice in real time.

Great to teach America how the Arabs also got to have their spring, too!

Technology is indeed able to rule more on a common ground. PACER was supposed to be like MERS and PERS and of course the greatest profit all for the cultist BLOB whom belong to TRIBE Wall Street.

The Fed. IT told Warren and Cummings that 'trade secrets', can't be disclosed.

Like what Mrs. and Mr. Schnauzer have learned. BUT, all it takes is one genius in the batch of idiots.

Now we must genuinely move our hearts, minds, souls, bodies and elbows greased to DO the dirty job of getting rid of the contaminated garbage filth.

Judicial Review:

Marbury v. Madison (1803)
Judicial Review, Federalism

It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each. — Chief Justice John Marshall

At the end of President John Adams’ term, his Secretary of State failed to deliver documents commissioning William Marbury as Justice of the Peace in the District of Columbia. Once President Thomas Jefferson was sworn in, in order to keep members of the opposing political party from taking office, he told James Madison, his Secretary of State, to not deliver the documents to Marbury. Marbury then sued James Madison asking the Supreme Court to issue a writ requiring him to deliver the documents necessary to officially make Marbury Justice of the Peace. The Marbury v. Madison decision resulted in establishment of the concept of judicial review.

LS, to all your blog community too, this decision can be put to good law in these times, the framers were correct and not the Chief Justice.

As Mrs. and Mr. Schnauzer prove, Citizens of the United States need to congregate, assemble, and legislate the law in a majority.

Clearly, your blog is a leader in proving this to be the reality in truth and justice.

The 'Judicial' has had a long enough opportunity to prove whether or not the Marshall decision was indeed, correct.

The 'Federal Reserve System' has also had enough of a time to prove whether or not the charter should be renewed December 23, 2013.

Both institutions of fraud must be completely dismantled and this can be accomplished because of the blogs such as Legal Schnauzer.

Get your blog to gather together an assembly of people who agree now, that the "JUDICIAL" is the faction to decide how the US Constitution is really and truly interpreted. Not such a great reflection of the greatest liberty, JUSTICE, and of course we get to pursue happiness amongst the criminally insane.

Vitiated contract at best, "Judicial," and thus, time to restore the framers' good law.

Thank you so much, Mrs. & Mr. LS

Redeye said...

What Anonymous said; "The legal tribe (organized crime syndicate) are protecting their own and I don't foresee anyone from the DOJ looking into this matter unfortunately."

And they want us to sing God Bless America?

e.a.f. said...

You have to wonder why a U.S. Marshall would show up in this court room. To conclude he was there for "muscle" is not an unreasonable conclusion.

So this is what is happening to the American "Justice" system. Not a good thing. Having watched and read documentaries regarding the Chinese "justice" system I can't really say which is worse.

It really isn't the home of the free and the brave any more. Its more like the home of the weird, underhanded, unethical, immoral.

Molli said...

Have you checked if the judge made any rulings on other cases on the 10th docket? If so, proves Waters Boy is covering for the judge. Geez, they sure do train the law clerks young to become part of the organized crime families.

jeffrey spruill said...

LS:

I KNOW you were really scared of those "scumbags for hire" US marshals.

You should meet the water carrier from the United States Marshal service for the Eastern District of Virginia:


The United States Marshal for the Eastern District of Virginia
is ORDERED to personally serve the defendant, Jeffrey Lvnn Spruill with a copy of this order forthwith.

Coyote Lane said...

The US Marshall is paid by the system that pays the judges and then, come to think of it, why the system is organized crime, RICO.

How can judges get paid by the Federal Reserve System and then actually rule according to law?

The first breach, is the money has been stolen from We The People, the ALL. Judges, ALL should according to law right this most criminal wrong: immediately.

Answering questions is what these no good for nothing crooks and liars should be lining up to do.

Questions must get answered.

How did a judge get to be a lawyer in the USA!?

http://law.wm.edu/about/ourhistory/index.php

I believe the "Judicial" has a lot of explaining to do to those of us that have been locked out of the courts. It is an apartheid.

When reading about how the lawyers, were they able, got to get an education at the Inns of Court in England and then come back here and try to argue common English law. Please.

Then add that insult to the injury, the people get to bow down to a bunch of morons who paid too much money to be a doctor of Jurisprudence that isn't.

We have really been had.

Then the goon squads are paid to either thug us or mug us or throw us in jail, kill and / or maim beyond human recognition.

All of America's "government" is supposed to be all of America's "people." But, no, what the sickest of our species did was convince almost all the people all the time that there is a pecking order and judges are the nearest to "God" and anointed therefore with the "Oil" of truth and justice and can decide intelligent about contracts and property/ies.

Please again here.

The morons don't know the money is virtual!? OR, is the criminal operation of making war and then of course the spoils ~slaves, critical mass lying, cheating, stealing, killing and incarcerating as many cha ching flesh that can be .. gets 'em so off that they just don't know how to give up the RICO especially now that it's global.

What's that big bad Hugo Black Federalist tower going to do filled with US Constitutionalists taking back our country - from China and Russia and the other partners that our system was supposed to mirror.

We are each and every American, by birthright, according to the US Constitution: our own counsel of law. AND also, we are entitled to a counsel in the matter of law, depending upon the obvious.

What we got and get is the Federal Reserve System owning our virtual credit that pays for a crime operation to enslave us to the point of disposable commodities.

We're nothing but a credit score to the Fed and thus, time to take back our charter December 23, 2013, from the crime operation that pretends to be due process rule of law ... RICO.

Our framers got it right and not the Fed's chosen criminals.

Your genius in understanding our Rights', Legal Schnauzer, is what the founders' knew to be true and that is precisely why the word INDIVIDUAL does not spell corporate contaminated corruption.

Coyote Lane said...

LS, community of the Murphy Schnauzer Blog, here is the real scary world in which we are living, BLACKWATER was literally thrown out of the war business, but changed its name.

Now BOSTON MARATHON and what the hell!? BLACKWATER with a new name and image here in the USA!!

"... But next let’s examine another image that not only establishes the existence of an ear piece but also the skull logo on the one individual’s hat — which is actually the logo for Craft International, the private military firm started by famed sniper Chris Kyle. Here is the image below, which draws parallels between the SEAL aspect of the symbol (and Blackwater) but does not address Craft International:

Read more: http://www.storyleak.com/craft-international-private-military-forces-boston-marathon/#ixzz2R6mQYHfH

Anonymous said...

I would think for something this serious you would have a lawyer if you had to go out of the city to get one that you could trust.. WE ALL need lawyer help when it is time to go to court. The opposing team knows ALL the dirty tricks to pull and the average citizen is just not up to defending themselves. Plus you know how a judge feels when he sees someone has their own defense. Fool for a client. I wish you well but I just do not see how you are going to get justice representing yourself. If I were an attorney I would not even represent myself.

Anonymous said...

Jeffrey Spruill where can we read about your legal woe's.. It sounds very interesting.. Well not for you but since you comment on here about them. I am guessing you do not mind us knowing.

jeffrey spruill said...

On the inimitable art of 12 blogspot!

Anonymous said...

Jeffrey can you give the link?

jeffrey spruill said...

http://www.theartof12.blogspot.com/

Anonymous said...

@11:32
In a perfect world, yes you would be able to find a lawyer to handle your case. Unfortunately it is near impossible to find an attorney that isn't beholden to outside interests that are very often contrary to your best interests, based on my experiences. If you asked my opinion on the judicial system 8 years ago, I would have said that websites like these are for the black helicopter crowd. After being "processed" through the Alabama family court system, I realized that I was not alone. And the corruption and incompetence isn't exclusive to Alabama courtrooms.