Paul Andrew Mitchell, Sui Juris
c/o Forwarding Agent at:
350 – 30th Street,
Suite 444
Oakland 94609-3426
CALIFORNIA, USA
In Propria Persona
All Rights Reserved
without Prejudice
District Court of the United States
Eastern Judicial District of California
Paul Andrew
Mitchell, ) No. CIV. S-01-1480 WBS DAD PS
)
Plaintiff,
) AUTHOR’S THIRD AFFIDAVIT
)
OF PROBABLE CAUSE:
v. )
)
28 U.S.C. 1746(1)
AOL Time Warner, Inc. et al., )
)
Defendants.
)
______________________________)
COMES NOW Paul Andrew Mitchell, Plaintiff in the
above entitled case, Citizen of California, Private Attorney General and
Federal Witness, for the
purpose of filing and serving this, the AUTHOR'S THIRD AFFIDAVIT OF PROBABLE
CAUSE in support of His Initial COMPLAINT in the instant case.
This AFFIDAVIT clarifies certain relevant facts concerning
copyright infringements by Defendant AOL Time Warner, Inc. during the period
between September 1998 A.D. and the third week of March 1999 A.D.
Plaintiff now testifies as
follows:
After
refusing Defendant Adit Seth’s Federal Express letter for fraud (see
Exhibit D‑20),
Plaintiff then made a deliberate habit of accessing the files in question
approximately once per week, by using standard Internet browsers to view said
files at Internet Domain DEOXY.ORG.
Between
September 20, 1998 A.D. and the third week of March 1999 A.D., a
period lasting six (6) months, Plaintiff confirmed that the copyright
violations listed in Exhibit D‑20
remained on computers owned and operated by Defendant AOL Time Warner, Inc.,
without any interruptions.
March
17, 1999 A.D. was the first date on which Plaintiff was able to
confirm that the files in question at Domain DEOXY.ORG
had finally been removed from computers owned and operated by Defendant
AOL Time Warner, Inc.
After
receiving Adit Seth’s Federal Express letter dated July 30, 1998 A.D.,
and after proving that it contained false statements, Plaintiff sincerely
believed that sufficient probable cause existed correctly to conclude that
Defendant AOL Time Warner, Inc. was not willing to honor Plaintiff’s
exclusive copyrights in the subject book, despite numerous prior communications
in writing from Plaintiff, and despite Defendant Adit Seth’s Federal Express
letter.
Accordingly,
Plaintiff did not contact Defendant AOL Time Warner, Inc. again until August
20, 1999 A.D.
On
that date, Plaintiff mailed a letter to
Defendant James R. Bramson documenting yet another copyright violation
on computers owned and operated by Defendant AOL Time Warner, Inc.
However,
said letter was refused,
unopened, and returned to sender, most probably by Defendant James R.
Bramson. See Exhibit D‑32.
At
that time (August 1999 A.D.), Defendant James R. Bramson was listed at
the website of the U.S. Copyright Office as the Designated Agent for
Notification of Copyright Infringement Claims on behalf of Defendant AOL Time
Warner, Inc.
Further
Plaintiff sayeth naught here.
I, Paul Andrew Mitchell, Sui Juris, Plaintiff in the
above entitled action, hereby verify under penalty of perjury, under the laws
of the United States of America, without the “United States”
(federal government), that the above statement of facts and laws is true and
correct, according to the best of My current information, knowledge, and
belief, so help me God, pursuant to 28 U.S.C. 1746(1).
Dated: November 29, 2001 A.D.
Signed: /s/ Paul Andrew Mitchell
___________________________________________
Printed:
Paul Andrew Mitchell, B.A.,
M.S., Sui Juris
I, Paul Andrew Mitchell, Sui Juris, hereby certify,
under penalty of perjury, under the laws of the United States of America,
without the “United States” (federal government), that I am at least 18
years of age, a Citizen of ONE
OF the United States of America, and that I personally served the
following document(s):
AUTHOR’S THIRD AFFIDAVIT OF PROBABLE CAUSE:
by placing one true and correct copy of said document(s) in
first class United States Mail, with postage prepaid and properly addressed to
the following:
Clerk of Court
District Court of the United States
501 “I” Street, Suite 4-200
Sacramento 95814-2322
CALIFORNIA, USA
Courtesy copies to:
Ropers, Majeski, Kohn & Bentley DeForest & Koscelnik
(failed to exhibit oaths) (failed to exhibit oath)
1001 Marshall Street 3000 Koppers Building
Redwood City 94063 436
Seventh Avenue
CALIFORNIA, USA Pittsburgh 15219
PENNSYLVANIA, USA
Murphy Austin Adams Schoenfeld LLP Pillsbury Winthrop LLP
(failed to exhibit oaths) (failed to exhibit oaths)
P.O. Box 1319 400 Capitol Mall, Suite 1700
Sacramento 95814-1319 Sacramento 95814-4419
CALIFORNIA, USA CALIFORNIA, USA
Dated: December 4,
2001 A.D.
Signed: /s/
Paul Andrew Mitchell
__________________________________________________
Printed: Paul
Andrew Mitchell, Plaintiff In Propria Persona
(not “Pro Se” [sic])
