c/o P.O. Box 370
Sunset Beach 90742
CALIFORNIA, USA
tel: (562) 592-9047
fax: (562) 592-4917
In Propria Persona
All Rights Reserved
without Prejudice
United States Court of Appeals
Ninth Circuit
Paul Andrew
Mitchell, ) Appeal No. 02-15269
)
Plaintiff/Appellant, )
NOTICE OF MOTION AND
v.
) ROUTINE MOTION FOR
) DISCRETIONARY
JUDICIAL NOTICE:
AOL Time Warner, Inc. et
al., )
)
FREv Rule 201(c)
Defendants/Appellees.)
_______________________________)
COMES NOW Paul Andrew Mitchell, Appellant in the above
entitled case, to request
discretionary Notice by this honorable Court, pursuant to Rule 201(c) of the
Federal Rules of Evidence (“FREv”), of the following documents delivered today
to the Clerk of this Court with the UPS shipment of APPELLANT’S
INFORMAL OPENING BRIEF:
(1) One (1) photocopy of each of Exhibits A‑1 thru L‑11, inclusive, as previously filed with the Initial COMPLAINT in the District Court of the United States, Eastern Judicial District of California, in Sacramento, on August 1, 2001 A.D.; and,
(2) EXCERPT Tab #59: AUTHOR’S SIXTH NOTICE AND DEMAND FOR MANDATORY JUDICIAL NOTICE OF RELEVANT ELECTRONIC EVIDENCE, with “[D R A F T]” on the caption page.
Appellant happened to have one (1) extra copy of Exhibits A‑1 thru L‑11, and wanted to save this Court the extra clerical costs of making any additional copies for review by the Court and its professional Staff. Appellant had originally sought to file three (3) copies of same with the clerk of the district court, but that clerk only required two (2) copies with the Initial COMPLAINT.
Due to the prohibitive cost involved, hard copies of Exhibits A‑1 thru L‑11 have not yet been served on any of the 129 named Defendants in this action. However, Appellant has made the bulk of these Exhibits available on the Internet, and informed all named Defendants of this fact in Appellant’s COVER LETTER dated August 1, 2001 A.D., and in Appellant’s TRANSMITTAL LETTER dated September 10, 2001 A.D. (see EXCERPT Tab #2).
There is the finite
possibility that machine collation errors may have occurred in assembling and
binding Exhibits A‑1
thru L‑11,
which errors Appellant has not had time to locate and correct. Appellant requests that this Court and all
parties exercise appropriate professional courtesy and notify Appellant
immediately of any discrepancies or omissions.
The EXCERPT at Tab #59 was never filed in the district court, or formally served on all parties, due to time and cost constraints. Appellant wanted to make this list available to the Court, in part to document the existence of additional electronic records which were never formally incorporated in the Initial COMPLAINT, or in Appellant’s subsequent pleadings.
Appellant has recently mailed a courtesy copy of EXCERPT Tab #59 to all parties listed in the PROOF OF SERVICE infra.
COPY VERIFICATION
I, Paul Andrew Mitchell, Sui Juris, Appellant 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), according to the best of My current information,
knowledge, and belief, so help me God, pursuant to 28 U.S.C. 1746(1),
that the above statement of facts is true and correct; that the copies of Exhibits A‑1
thru L‑11
delivered today to the Clerk of the Ninth Circuit are true and correct copies
of the corresponding Exhibits filed with the Clerk of the district court on
August 1, 2001 A.D.; and, that
the copy of EXCERPT Tab #59 is likewise a true and correct copy of the same
document which Appellant recently mailed via first class U.S. Mail to all
parties listed in the PROOF OF SERVICE infra.
Dated: March 27,
2002 A.D.
Signed: /s/ Paul
Andrew Mitchell
___________________________________________
Printed: Paul
Andrew Mitchell, B.A., M.S., Sui Juris
Appellant In Propria Persona
Appellant respectfully invites the Clerk of Court to exercise the option, under FREv Rule 201(c), to take discretionary judicial notice of the documents itemized above.
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):
FREv Rule 201(c)
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:
Judge Alex Kozinski Clerk of Court (5x)
Ninth Circuit Court of Appeals Attention: Cathy Catterson
P.O. Box 91510 Ninth Circuit Court of Appeals
Pasadena 91109-1510 P.O. Box 193939
CALIFORNIA, USA San Francisco 94119-3939
CALIFORNIA, USA
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 95812-1319 Sacramento 95814-4419
CALIFORNIA, USA CALIFORNIA, USA
Curiale Dellaverson Hirschfeld Quinn
Emanuel Urquhart Oliver
Kraemer & Sloan, LLP & Hedges, LLP
(failed to exhibit oaths) (failed to exhibit oaths)
727 Sansome Street
201 Sansome Street, 6th
Floor
San Francisco 94111 San Francisco 94104
CALIFORNIA, USA CALIFORNIA, USA
Office of the General Counsel Paul
Southworth
(failed to exhibit oaths) 2018 N. New Hampshire Ave.
University of California Los Angeles 90027
1111 Franklin Street, 8th Floor CALIFORNIA, USA
Oakland 94607-5200
CALIFORNIA, USA
Karl Kleinpaste Ram Samudrala
P.O. Box 1551 UW Micro Box 357242
Beaver Falls 15010 Seattle 98195-7242
PENNSYLVANIA, USA WASHINGTON STATE, USA
Laskin & Guenard Rivkin Radler, LLP
(failed to exhibit oath) (failed to exhibit oaths)
1810 South Street 1330 N. Dutton Ave., #200
Sacramento 95814 Santa Rosa 95401-4646
CALIFORNIA, USA CALIFORNIA, USA
Harvey Siskind Jacobs LLP Office of Solicitor General
(failed to exhibit oaths) 950 Pennsylvania Ave., N.W.
3 Embarcadero Center, Ste. 1060 Room 5614
San Francisco 94111 Washington 20530-0001
CALIFORNIA, USA DISTRICT OF COLUMBIA, USA
Register of Copyrights Steinhart & Falconer LLP
Library of Congress
(failed to exhibit oaths)
101 Independence Avenue, S.E. 333 Market Street, 32nd Floor
Washington 20559-6000 San Francisco 94105-2150
DISTRICT OF COLUMBIA, USA CALIFORNIA, USA
Matheny Sears Linkert & Long LLP
P.O. Box 13711
Sacramento 95853-4711
CALIFORNIA, USA
[Please see USPS Publication #221 for “addressing”
instructions.]
Dated: March 27,
2002 A.D.
Signed: /s/ Paul
Andrew Mitchell
__________________________________________________
Printed: Paul
Andrew Mitchell, Appellant In Propria Persona