Wednesday, November 6, 2013

The wider view to the game


Like I said earlier I think the game is a three parties game that started with the hedge fund guy and the clerk office of that court then joined by the USPS mail. There is a form called "CERTIFICATE OF INTERESTED PERSONS AND CORPORATE DISCLOSURE STATEMENT" (CIP) that was required to be filed within 14 days after filing the appeal but I noticed that late. I sent it overnight but it still arrived the day after the deadline in the morning. Couple of days after it was received I checked on it in the PACER system and could not find it so I contacted the number for the "Case Handler" of my case. The one who responded to the phone kept me waiting for minutes as if she was arranging things with somebody else and wanted to play a game she wasn't sure how to proceed with it. Anyway, I started saying "hello..hello" and she apparently decided to come back and told me that everything is OK. However, I kept checking the PACER system and it was not listed for some time despite the current listing showing it filed on 9/24/2013. The link below shows that up to 10/6/2013 it was not listed there.That form is important enough to that court that the clerk is not allowed to submit the brief without it. That was their first attempt to mess things. But apparently that game was impeded by my frequent checking on the PACER system. That leads us to what seems to  be the second plan.


The second plan was to prevent me from seeing what is going on through the PACER system. The link below shows how searching for my case returned "no record found". Notice that even when the system becomes busy or data being being updated it may become inaccessible but I don't remember it returning any incorrect result. In addition, I was able to search for and find another record but I neglected to save a proof. Anyway I don't remember this plan continuing more than couple of days before it was also abandoned.

You can see here how the plan of making the USPS take my appellate brief to the court at 10:30 in the night represent an extension and completes the above picture.

 

The court receiving the CIP Form on 9/24/2013  



 
Searching for my case returning "No record found"


[(Added 11/7/2013) The above is strengthened even more with how that the USPS probably did not need to take my brief to the court as late as 10:30 in the night to find the court closed and avoid delivering it and could have achieved the same result hours earlier (The intention seems to have been to keep the situation hanging as much as possible so I wont be able to correct it by re mailing the brief and that is why a relatively better excusable plan like, for example, losing the package was not implemented) . But it seems as if that stretch was motivated by an exaggerated attempt to avoid any part of the responsibility on the clerk office for not receiving the package.
 
That  in turn is strengthened by what could be seen as an attempt by the clerk office to counteract the blame and protect the USPS by listing the date when the 10:30 night note was listed beside the brief entry in the docket sheet. It was like a statement saying: Look that late attempted delivery did not affect things and things are still the same as if it was delivered in time on that date.
 
Clearly, the clerk office most probably was not in direct connection with the USPS regarding this matter and the hedge fund guy is the one at the center of the communication and regulating things.
 
Now the question is if the group will be expanded through biased assignments of judges to the case]   
 

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