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 FOURTH NOTICE AND DEMAND
) FOR MANDATORY JUDICIAL NOTICE
v. )
)
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, to
incorporate Attachment “A” by reference as if set
forth fully herein, to demand mandatory judicial notice of same, and to provide
formal notice to all interested parties of same.
Attachment
“A” includes the following three (3) documents:
(1)
Partial Invoice to Lonnie G.
Schmidt,
dated November 10, 2001 A.D.
(2)
FIFTH SUPPLEMENT TO COMPLAINT FOR
DAMAGES
AND COMPLAINT FOR BREACH OF CONTRACT
(previously filed in the instant
case)
(3)
AUTHOR’S FOURTH SUPPLEMENT TO
COMPLAINT
AGAINST DEFENDANT CARNEGIE MELLON
UNIVERSITY
(previously filed in the instant
case)
Attachments
A(1) and A(2) are particularly relevant because they provide evidence of
continuing economic retaliation against Plaintiff and probable obstruction of
justice. Such retaliation violates 18 U.S.C. 1512 and/or
1513 (see COUNTS THREE and FOUR in the Initial COMPLAINT).
Occurring
as it did while Plaintiff was attempting to stay current with the pleading
requirements of the instant case, that economic retaliation has caused
additional consequential damages for which Plaintiff deserves to be
compensated.
Attachment
A(3) is particularly relevant, and essential, because it explains a general
methodology for locating and formally discovering evidence of complicity by any
and all named Defendants, using commonly available search engines to scan the
database of electronic evidence presently available from the Supreme Law
Library.
Furthermore,
Attachment A(3) also explains in relevant detail the all important differences
between raw HTML code, and the screen images that standard Internet browsers
display, using that HTML code as input.
The
material evidence of electronic copyright violations is found, in most cases,
in the raw HTML code and not in the corresponding screen images or
printed copies of those images.
For
example, the screen image (or printed copy) may display the text “click here”,
whereas the underlying HTML code will contain the full text of the Internet URL
to which that text refers.
The
Internet domain suspected of infringing Plaintiff’s exclusive copyrights in the
subject book will be a substring of text in that URL, for example “cmu.edu”,
“aol.com” or “deoxy.org”.
Plaintiff
hereby incorporates by reference, as if set forth fully herein, the following
pleadings as previously filed in the official record of the instant case, and
hereby demands mandatory judicial notice of same, to wit:
(1) FIFTH SUPPLEMENT
TO COMPLAINT FOR DAMAGES
AND COMPLAINT FOR BREACH OF
CONTRACT
(2) AUTHOR’S FOURTH
SUPPLEMENT TO COMPLAINT
AGAINST DEFENDANT CARNEGIE MELLON
UNIVERSITY
VERIFICATION
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: December 1, 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 FOURTH NOTICE AND DEMAND
FOR MANDATORY JUDICIAL NOTICE
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])
Partial Invoice to Lonnie G. Schmidt
November 10, 2001 A.D.
TO: Lonnie G. Schmidt
Constitutional Educational Research
Foundation
11357A Pyrites Way, Suite 3
Gold River 95670
CALIFORNIA, USA
FROM: Paul
Andrew Mitchell, B.A., M.S.
c/o Forwarding Agent
350 – 30th Street, Suite
444
Oakland 94609-3426
CALIFORNIA, USA
DATE: November 10, 2001 A.D.
SUBJECT: unpaid professional services and
damages from breach of contracts
This is My PARTIAL INVOICE for unpaid professional services performed and accepted, and for damages sustained from breach of contracts, itemized as follows:
Qty Description Total
--- ----------- -----
Debits:
170
hrs. Professional Counsel as Private Attorney General
and litigation between July 7 and
November 6,
2001 A.D. on behalf of
clients in:
Arizona v. Cook, Arizona Supreme Court
USA v. Vazrik Makarian, Ninth Circuit
USA v. Ramona Holcombe, Fourth Circuit
Warfield v. Edwards et al., Fifth
Circuit
USA et al. v. Microsoft, USDC,
D.C.
@ $150.00 per hour
(standard rate as
published) $25,500.00
113 named Defendants not served in Mitchell v.
AOL Time
Warner, Inc. et al., DCUS Sacramento,
due to breach of contract to effect
service of
SUMMONSES and COMPLAINTS:
process server @ $70.00 (per Larry Smith)
Priority postage @ $5.00
preparation @ $25.00
---------
113 defendants @ $100.00
= $11,300.00
----------
Subtotal: $36,800.00
Credits:
cash payment received without
prejudice and
witnessed by Sheriff D. Anderson ( 1,000.00)
----------
TOTAL AMOUNT DUE: $35,800.00
==========
My terms
are TOTAL AMOUNT DUE upon receipt of invoice.
Sincerely
yours,
/s/ Paul
Andrew Mitchell
Paul Andrew
Mitchell, B.A., M.S.
Author,
Damaged Party and Plaintiff,
Mitchell v. AOL Time Warner, Inc. et al.
DCUS Docket
#CIV. S-01-1480 WBS DAD PS
All Rights Reserved without Prejudice,
UCCA 1207
copy: Dr. John C. Alden, M.D., Interim Trustee
The EyeCare Fund -– Vision for Everyone