"If the judges interpret the laws themselves, and suffer none else to interpret, they may easily make, of the laws, [a shredded] shipman's hose!" - King James I of England, around 1616.

“No class of the community ought to be allowed freer scope in the expression or publication of opinions as to the capacity, impartiality or integrity of judges than members of the bar. They have the best opportunities of observing and forming a correct judgment. They are in constant attendance on the courts. Hundreds of those who are called on to vote never enter a court-house, or if they do, it is only at intervals as jurors, witnesses or parties. To say that an attorney can only act or speak on this subject under liability to be called to account and to be deprived of his profession and livelihood by the very judge or judges whom he may consider it his duty to attack and expose, is a position too monstrous to be entertained for a moment under our present system,” Justice Sharwood in Ex Parte Steinman and Hensel, 95 Pa 220, 238-39 (1880).

“This case illustrates to me the serious consequences to the Bar itself of not affording the full protections of the First Amendment to its applicants for admission. For this record shows that [the rejected attorney candidate] has many of the qualities that are needed in the American Bar. It shows not only that [the rejected attorney candidate] has followed a high moral, ethical and patriotic course in all of the activities of his life, but also that he combines these more common virtues with the uncommon virtue of courage to stand by his principles at any cost.

It is such men as these who have most greatly honored the profession of the law. The legal profession will lose much of its nobility and its glory if it is not constantly replenished with lawyers like these. To force the Bar to become a group of thoroughly orthodox, time-serving, government-fearing individuals is to humiliate and degrade it.” In Re Anastaplo, 18 Ill. 2d 182, 163 N.E.2d 429 (1959), cert. granted, 362 U.S. 968 (1960), affirmed over strong dissent, 366 U.S. 82 (1961), Justice Black, Chief Justice Douglas and Justice Brennan, dissenting.

" I do not believe that the practice of law is a "privilege" which empowers Government to deny lawyers their constitutional rights. The mere fact that a lawyer has important responsibilities in society does not require or even permit the State to deprive him of those protections of freedom set out in the Bill of Rights for the precise purpose of insuring the independence of the individual against the Government and those acting for the Government”. Lathrop v Donohue, 367 US 820 (1961), Justice Black, dissenting.

"The legal profession must take great care not to emulate the many occupational groups that have managed to convert licensure from a sharp weapon of public defense into blunt instrument of self-enrichment". Walter Gellhorn, "The Abuse of Occupational Licensing", University of Chicago Law Review, Volume 44 Issue 1, September of 1976.

“Because the law requires that judges no matter how corrupt, who do not act in the clear absence of jurisdiction while performing a judicial act, are immune from suit, former Judge Ciavarella will escape liability for the vast majority of his conduct in this action. This is, to be sure, against the popular will, but it is the very oath which he is alleged to have so indecently, cavalierly, baselessly and willfully violated for personal gain that requires this Court to find him immune from suit”, District Judge A. Richard Caputo in H.T., et al, v. Ciavarella, Jr, et al, Case No. 3:09-cv-00286-ARC in the U.S. District Court for the Middle District of Pennsylvania, Document 336, page 18, November 20, 2009. This is about judges who were sentencing kids to juvenile detention for kickbacks.

Friday, May 20, 2016

Will #attorneyWoodruffCarroll of Syracuse, NY, be charged with criminal trespass tonight? The fraudster attorney is getting desperate

On May 17, 2016 I reported on this blog about efforts of the U.S. District Court for the Northern District of New York to manipulate the docket and not show my motion to vacate stripping me of legal fees for 3.5 years of civil rights litigation, to recuse the court for misconduct and to disqualify and sanction attorneys in the case I was removed from because of my alleged SECRET suspension in federal court, right after I brought the case against Chenango County Social Services (NY) to trial.

Today, I checked the docket once again - the court inserted the motion it did not acknowledge on May 16, 2016 (that the court received, but did not file on May 13, 2016).

Here is how the docket of the case looked on May 16, 2016 for the period between May 6, 2016 and May, 16, 2016 - my motion that the court and parties received on May 13, 2016 (I have confirmation as to the court receiving my motion on May 13, 2016 in the morning, through tracking that I posted here):

Ok, as of the evening of May 16, 2016 the docket shows no motion filed on May 13, 2016.

Here is what the same docket shows today for the period between May 6, 2016 and May 16, 2016:

The motion miraculously appeared, even though my already-filed motion is not discussed during the 5/16/2016 conference, the court and the parties pretended it was not there - until their behavior was exposed in this blog.

But, this is not the end of miraculous events that happened and continue to be happening in this case.

Here is the rest of the docket after the conference of May 16, 2016.

First of all, the docket entry without number as of 5/17/2016 now mentions that a copy of the court scheduling order is now "sent to pro se movant Tatiana Neroni by regular mail".

So, the court does agree that I am a "pro se movant" and that, as such, I cannot be served electronically - which is what the court and the parties have been doing all along since January of 2016, while calling me to conferences, blaming me for not coming (from South Carolina to New York) and stripping me of 3.5 years' worth of legal fees because I did not properly oppose their never-served pleadings and orders.

Second, there is an interesting interaction between the court and the Plaintiffs' new attorney Woodruff Carroll further confirming my claim that Carroll is completely incompetent.

Here is docket 112, the motion scheduling order:

The motion scheduling order set the following deadlines:

Description of procedural step in motion practice

Deadline to file
Response (opposition) to the motion
May 31, 2016;

My reply to response (opposition) to the motion

June 6, 2016
The motion hearing (on papers, without oral argument)

June 15, 2016

Note that, while giving opposing attorneys who received my motion on May 13, 2016, 18 days since the day they received the motion, to respond by electronic filing, the court gives me only 6 days to at the same time, receive the opponent's responses by regular mail and deliver the answer by regular mail to the court, from another state.

Where my opponents were supposed to file and serve their responses on me (by regular mail) by May 31, 2016, I will only receive those pleadings (maybe) by the time I already have to file my responses to those pleadings.

This is the type of discrimination against pro se litigants by federal courts what I described in my currently circulating petition that I filed on May 17, 2016 that I encourage my readers to sign.

Under the current rules of service, where 6 days must be added to serve me and 6 days must be added for my delivery of filings by mail to the court, and 3 days would be a reasonable minimum of time given me to prepare a response, all in all 15 days should be added to May 31, 2016, so June 15, 2016 should be not the review date, but my deadline to file the response, and the review date should be extended accordingly.

But even that is not the main point here - I somehow expected this particular court's ongoing discrimination against me as an attorney-turned-pro se litigant (through the court's unlawful secret suspension), and especially because I criticize the court and as against critics of the court (such as people, like me, filing motions to recuse, and especially criticizing the court in blogs).

What is going on is that new attorney for the Plaintiffs Woodruff Carroll obviously cannot read scheduling orders or comprehend them.

When a scheduling order says "response by", the response deadline is also the deadline for cross-motions.

Mr. Carroll obviously does not know that, with all of his $500/hr fees.

Since Mr. Carroll does not know how to read clear and unambiguous scheduling orders, Mr. Carroll asked the court to set a cross-motion deadline for him - the one that was already set,  for May 31, 2016.

Here is Mr. Carroll's letter of May 17, 2016.

In the letter he is complaining that "[n]o date has been fixed for cross-motions in the order".

Well, on that he was wrong - the date of response, May 31, 2016, was a date of cross-motions.

But, as much the court catered for Mr. Carroll because the court found a friendly soul on Mr. Carroll where Mr. Carroll, according to Plaintiff Dara Argro, was trying to inflame the court at a court conference by claiming how bad I am by threatening to sue him for fraud - "the same as she sued this court" - apparently, the court started to realize that Mr. Carroll's involvement, continued fraud and incompetence may ultimately get the court into trouble for handling this case, "handling" me and failing to impose attorney discipline for ongoing fraud in the case, for constantly lying to the court and for allowing an attorney to sell out his indigent clients and coerce them into a settlement they do not want.

So, the court rescinded the implicit deadline for cross-motions, denying Mr. Carroll's letter request to "fix" what was already "fixed":

In the order issued on May 17, 2016, the court appears to be disgruntled with Mr. Carroll's failure to comply with the court order and file a "Stipulation of Dismissal" or a "Status Report" on or before 5/5/2016. 

The court told Mr. Carroll on May 17, 2016, the following:

  1. you informed the court (once again) on May 16, 2016 that the case settled;
  2. if the case did not settle, notify the court immediately - 3 days later it was not done;
  3. if the case did settle, file a stipulation of dismissal by May 31, 2016, or the case will proceed to trial.

Easy, isn't it?

If the case did not settle - notify immediately (on May 17, 2016).
If the case did settle - file proof by May 31, 2016.

Did Mr. Carroll tell his clients, the Plaintiffs, of the court order of May 17, 2016?

Of course not, and that is the next page in the unfolding saga.

Today I received an unexpected call from Plaintiff Dara Argro.

It was not for legal advice.

It was to give me information as to what is happening in the case.

Dara told me that Mr. Carroll insists on coming to their house today (from Syracuse, NY to Oxford, NY), a 3 hour roundtrip for Mr. Carroll:

Before, Mr. Carroll came to the Plaintiffs only once - to have them sign a retainer agreement.

And, before Mr. Carroll did not have time in three days to even notify Plaintiffs that the court cancelled a court appearance, thus causing his indigent clients to make 

Plaintiffs did not invite Mr. Carroll to come to their house today.

In fact, Dara told me that she does not want him to come to her house today - or at any time.

Dara told me that she in fact told Mr. Carroll that he is not welcome and that he should not come.

But, Mr. Carroll told Dara that he will come anyway - so he is insisting on committing a crime of criminal trespass into his clients' home in order to coerce them to sign papers they don't want to sign.

By the way, the lawsuit is about Chenango County DSS also coming uninvited, and without a court order or search warrants, to that same house and barging into the same house, and doing searches in the house, including searches of extremely private belongings and locations, causing physical damage to at least one of the Plaintiffs - which Mr. Carroll considered not enough to proceed to trial.

Apparently, since Mr. Carroll has a belief  that he himself can barge into his clients' home uninvited because he wants it, it is now understandable why he thought the case was not enough to proceed to trial (even when the court scheduled it to proceed to trial).

So, why does Mr. Carroll want so much to come to Dara's house tonight at 6 p.m.?

Mr. Carroll wants all three Plaintiffs to do the following:

1) have the three Plaintiffs sign the settlement agreement of a multi-million dollar lawsuit for $30,000 - which Plaintiffs do not want to do;  remember Mr. Carroll reported to the court several times that the case already settled, and that was a lie, and a motion was filed asking for sanctions against Mr. Carroll because of this lie and many other lies;

2) have the three Plaintiffs sign an affidavit "against you, Mrs. Neroni", as Dara put it, so, I understand, Mr. Carroll is undeterred by the court's prohibition for him to file cross-motions, and still wants to do it - and ask for sanctions against me, because I exposed his raging misconduct in the case.

At the same time as pushing the plaintiffs to sign an affidavit against me, Carroll, according to Dara, was also playing on plaintiffs' friendly feelings towards me and told them that if they do not sign the settlement agreement, I will not be able to get my legal fees.


That is - after opposing ANY legal fees for me on plaintiffs' behalf, after having me stripped of any legal fees for 3.5 years of litigation while using my work to get his own inflated fees for doing nothing, lying to the court and refusing to do proper work for his clients at $500/hr.

So, while arguing to the court that I should not get any legal fees, settlement or no settlement - on behalf of plaintiffs - Carroll tells the plaintiffs that they "must" sign the settlement agreement they do not want to sign in order to help me get my legal fees.

So, Mr. Carroll is urging plaintiffs to sign the puny settlement agreement in a multi-million dollar lawsuit claiming that that will help me get my legal fees, after asking the court - successfully - to deny me all legal fees, and while asking the same plaintiffs to sign an affidavit "against me".

What a mess this man is.

Of course, there is no "must" in signing any settlement agreements, and Mr. Carroll well knows that.

Of course, Mr. Carroll does not represent my interests and does not want to help me.  It is simply one more episode of fraud in my future lawsuit against him.

Because soliciting an affidavit from a person where the person must say what that person does not feel (and that's exactly what Mr. Carroll is doing when he is trying to get an affidavit "against me" from three plaintiffs in Argro v Osborne) is three counts of soliciting perjury and fraud.

Three more counts.

Dara told me she does not want to sign the agreement, nor does she want to sign any affidavits against me, and neither do other plaintiffs, and that they want to proceed to trial, which Mr. Carroll refuses to do.

Dara then called me again to inform me that Mr. Carroll talked to her on the phone again and told her that if plaintiffs do not sign the settlement agreement AND the affidavit "against me" today - start trembling right now, it's a horrible thing Mr. Carroll threatned - Mr. Carroll will then - TADA!! - withdraw from the case.

And - guess what - Dara is celebrating Mr. Carroll's withdrawal as we speak.

She said she was happy Mr. Carroll was withdrawing, because now she will be able to get a "real" attorney who would "really" represent her and other plaintiffs - as, she said, I was doing.

Since Mr. Carroll is still threatening to come tonight to Dara and other plaintiffs to coerce her to sign these two documents, I will continue to cover this extraordinary story.

The story is about the lengths to which a federal court and attorneys would go to cut off rights of recovery of victims of CPS misconduct, and to what lengths courts will go to retaliate against an attorney who dared to sue social services - when no other attorney would take such a case, out of fear of retaliation.

By the way, I found a report on the Internet that in 2014, two years ago, the then-57 year old Woodruff Carroll reported a crime committed against him by a 17-year-old girl.

Did he lie about that, too?

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