Woolman v. Time Warner et al
Filing
1
COMPLAINT against Facebook.com and Time Warner. No Summons issued, filed on behalf of Plaintiff Michael B. Woolman(MKR)
Case No. NEW
In The
UNITED STATES DISTRICT COURT
For The District Of Nebraska
.._,1)~~-
;dY'
(J~
Mr.Michael B. Woolman
PRO-HAC-VICE
Plaintiff
Vs.
Time Warner & Facebook.com
Defendant
Declaration and support
Motion For Leave To Proceed
In Forma Pauperis
·~nd
For A Writ To"
I swear under the death and perjury, because of my poverty, I cannot prepay the docket
fee's ,I am entitled to redness, I swear under U.S. law this is true & correct
(28
u.s.c.
1746) & (18 u.s.c. 1621)
(28 u.s.c. 1915)
In Forma Pauperis
This Is Attached Hereto
RECEIVED
JUN 1 1 2013
CLERK
U S 0\STR\CT COURT
..
Pg.l
LINCOLN
IN FORMA PAUPERIS
Case No. NEW
CERTIFICATE OF SERVICE
On The Day Of, 11, Of, June, Of ,2013. I declare under the death penalty and
perjury ,that ,this statement is true: This IN FORMA PAUPERIS , will be
delivered by: I, Mr.Michael B. Woolman
,TO:
UNITED STATES DISRTRICT COURT
For The District Of Nebraska
100 Centennial Mall , North,
Room# 593
Lincoln,Neb.68508
Mr. Michael B. Woolman
Signature & Date
1710 Garfield. Apt # 2
ADDRESS/I Apt#
Lincoln,Neb.68502.
CITY,STATE,ZIP
(402)484-0233
Phone#
ironrun@live.com
E-Mail
Pg.2
CIVIL COVER SHEET
JS 44 (Rev. 12/12)
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service ofpleadin~ or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is requued for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM)
I. (a) PLAINTIFFS
DEFENDANTS
TIME WARNER & FACEBOOK.COM
Mr.Michael B. Woolman
LANCASTER
(b) County of Residence ofFirst Listed Plaintiff
County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES)
LANCASTER
(IN U.S. PLAINTIFF CASES ONLY)
NOTE:
(C) Attorneys (Firm Name, Address, and Telephone Number)
IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
Attorneys (If Known)
Mr. Michael B. Woolman
1710 GARLFIELD St. Apt#2 ,Lincoln ,Neb.68502
Phone# (402)484-0233
II. BASIS OF JURISDICTION (Piacean "X"inOneBoxOnlyJ
III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in One Box for Plaintiff
U.S. Government
Plaintiff
.3
CJ2
U.S. Government
Defi:ndant
CJ4
Federal Question
(U.S. Government No/ a Party)
(For Diversity Cases Only)
PTF
Citizen of This State
• I
DEF
CJ
Diversity
(Indicate Citizenship ofParties in Item Ill)
Citizen of Another State
CJ 2
W2
0 3
CJI
and One Box for Defendant)
PTF
DEF
Incorporated or Principal Place
CJ 4
• 4
of Business In This State
CJ
3
Incorporated and Principal Place
of Business In Another State
Foreign Nation
IV. NATURE OF SUIT (Place an "X" inOneBoxOnly)
.CONTRACT
CJ
CJ
0
0
0
0
0
0
CJ
0
I
0
0
0
0
0
0
REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property
1•
0
0
CJ
CJ
0
CJ
V. ORIGIN (Piacean
•
I Original
Proceeding
PERSONAL INJURY
3IO Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers
Liability
340 Marine
345 Marine Prodnct
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
lnjmy
362 Personal Injury Medical Malprnctice
CIVU. RIGHTS
440 Other Civil Rigbts
441 Voting
442 Employment
443 Housing!
Accommodations
445 Amer. w/DisabilitiesEmployment
446 Amer. w!DisabilitiesOther
448 Education
NAL :Y
FORFICI
TORTS
CJ II 0 Insurance
0 120 Marine
0 130 Miller Act
0 140 Negotiable Instrument
0 150 Recovery of Overpayment
& Enforcement of Judgment
0 151 Medicare Act
0 152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
0 153 Recovery of Overpayment
ofVeteran's Benefits
0 160 Stockholders' Suits
0 190 Other Contract
0 195 Contract Product Liability
0 196 Franchise
PERSONAL INJURY
CJ 365 Personal Injmy Product Liability
CJ 367 Health Care/
Pharmaceutical
Personallnjmy
Product Liability
0 368 Asbestos Personal
Injmy Product
Liability
PERSONAL PROPERTY
0 370 Other Fraud
0 371 Truth in Lending
0 380 Other Personal
Property Damage
CJ 385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
0 463 Alien Detainee
0 510 Motions to Vacate
Sentence
0 530 General
CJ 535 Death Penalty
Other.
0 540 Mandamus & Other
0 550 Civil Rigbts
0 555 Prison Condition
0 560 Civil Detainee Conditions of
Confinement
CJ 625 Drug Related Seizure
of Property 21 USC 881
0 6900ther
BANKRUP'l
y
OTHER STATUTES
CJ 422 Appea128 USC 158
CJ 423 Withdrawal
28 usc 157
CJ
CJ
CJ
CJ
IUGlf[S
0
0
0
0 820 Copyrights
0 830 Patent
0 840 Trademark
0
LABOR
0 710 Fair Labor Staodards
0
0
0
0
0
Act
720 Labor/Management
Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act
0
0
0
CJ
0
SOCIA .SJ:CIJRfrV
861 HIA (1395fl)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))
FEDERAL TAX SUITS
0 870 Taxes (U.S. Plaintiff
or Defi:ndant)
0 871 IRS-Third Party
26 usc 7609
•
0
0
0
0
0
0
0
0
375 False Claims Act
400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
4 70 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities!
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes
IMMIGRATION
0 462 Naturalization Application
0 465 Other Immigration
Actions
"X"inOneBoxOnly)
0 2 Removed from
State Court
0 3
Remanded from
Appellate Court
0 4 Reinstated or
Reopened
0 5 Transferred from
Another District
0 6 Multidistrict
Litigation
(specify)
Cite the U.S. Civil Statute under which you are filing (Do not cite jllrisdklimtlllstlllutes 11nkss diwrsity):
VI. CAUSE OF ACTION
28
u.s .c
249
t:B~n'-·e~fd":"e;..sc r;..ip-:tio;;;,n.;.,;o~f=-c-aus-e:---------------------------------....
TIME WARNER DISPCRIMATED ME ,EVEN ON NATIONAL TV AND FACEBOOK ..
VII. REQUESTED IN
8 CHECK IF TinS IS A CLASS ACTION
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII. RELATED CASE(S)
(See ins/rue/ions):
IF ANY
JUDGE Batillian
D MAND $
'tf/(:J:f:_
-r"'"f
..t._t
/
- .
CHECK YES only if demanded in complaint:
JURY DEMAND:
0 Yes
)!(No
SIGNATURE OF ATTORNEY OF
DATE
06/10/2013
FOR OFFICE USE ONLY
RECEIPT#
AMOUNT
APPLYING IFP
JUDGE
MAG. JUDGE
NOTICE OF A LAW SUIT AND REQUEST TO WAIVE THE SERVICE OF A SUMMONS
In
The
United States District Court
For The District Of Nebraska
Mr.Michael B Woolman
)
Civil Action No. 2:11-cv-06366
Plaintiff
Pro-hac-vice
)
CENTRAL DISTRICT OF CALIFORNIA
v.
)
Time Warner & FACEBOOK.COM
Defendant
)
NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF A SUMMONS
TO: Time Warner Cable .5400 S 16Th ,Lincoln,Neb.68512
(Name Of The Defendant or-ir the defendant is a corporatioin,partnership,or association -land officer or agent authorized to receive service)
WHY ARE YOU GETTING THIS ?
A lawsuit has been filed against you ,or the entity you represent ,in this court
under the number shown above.
This is not a summons ,or an official notice from the court . It is a request that ,to
avoid expenses ,you waive formal service of a summons by signing land returning the
enclosed waver. To avoid these expenses, you must return the waver within ,30 days (give
at least 30 days or at least 60 days if the defendant is outside any judicial district of the
United States) from the date shown below, which is the date this notice was sent . Two
copies of the waiver form are enclosed, you may keep the other copy.
WHAT HAPPENS NEXT ?
If you return the signed copy of the waiver , I willl file in the court. The action
will then proceed as if you had been served on this date the wavier is filed ,but
no summons will be served on you and you will have 60 days from this notice is
sent(See the date below) to answer the complaint (or 90 days if this notice is
sent to you outside any judicial district of the United States).
Pg.l
NOTICE OF A LAW SillT AND REQUEST TO WAIVE THE SERVICE OF A SUMMONS
NOTICE OF A LAW SUIT AND REQUEST TO WAIVE THE SERVICE OF A SUMMONS
If you do not return the signed waiver within the time indicated, I will arrange
to have the summons and complaint served on you. And I will ask the court to
require you ,or the entity you represent , to pay the expenses of making service.
Please read the enclosed statement about the duty to avoid unnecessary expenses.
I Certify that this request is being sent to you on the date below.
Time Warner Or Attorney,s
Signature & Date
5/12/2013
Mr.Michael B. Woolman
SIGNATURE & DATE
1710 Garfield. Apt # 2
ADDRESS// Apt #
Lincoln,Neb.68502.
CITY,STATE,ZIP
(402) 484-0233.
PHONE#
ironrun@live.com
E-MAIL ADDRESS
RETURN THE OTHER COPY SIGNED BACK THE ADDRESS ABOVE
Pg.2
STIPULATION FOR PROTECTIVE ORDER
In The
UNITED STATES DISTRICT COURT
For The District Of Nebraska
)
)
Plaintiff,
Case No.2:11-cv-06366
)
Mr.Michael B. Woolman,
CENTURAL DISTRICT OF CALIFORNIA
)
)
Vs.
)
)
Time Warner & FACEBOOK.COM,
STIPULATION FOR
PROTECTIVE & RESTRAINING
ORDER
)
)
Defendant. )
)
)
Upon stipulation of the parties for an order pursuant to Fed. R.Civ. P. 26(c)
that confidential information be disclosed only in designated ways:
1.
As used in the Protective& Restraining Order, these terms have the
following meanings:
"Attorneys" means counsel of record;
"Confidential" documents are documents designated pursuant to paragraph
2·
'
"Documents" are all materials within the scope of Fed. R. Civ. P. 34;
"Outside Vendors" means messenger, copy, coding, and other clerical-services
vendors not employed by a party or its Attorneys; and
"Written Assurance" means an executed document in the form attached as
Exhibit A.IF PRIVACY WAS A ISSUE ,AND NOW IT IS ..
2.
A Party may designate a document "Confidential", to protect information
within the scope of Fed. R. Civ. P. 26(c).
3.
All Confidential documents, along with the information contained in the
documents, shall be used solely for the purpose of this action, and no person
receiving such documents shall, directly or indirectly, use, transfer, disclose, or
communicate in any way the documents or their contents to any person other than
those specified in paragraph. Any other use is prohibited.
4.
Access to any confidential document shall be limited to:
(a)
the Court and its staff;
(b)
Attorneys, their law firms, and their Outside Vendors;
(c)
persons shown on the face of the document to have authored or
received it;
(d)
court reporters retained to transcribe testimony;
(e)
the parties;
(f)
outside independent persons (i.e., persons not currently or formerly
employed by, consulting with, or otherwise associated with any party) who are
retained by a party or its Attorneys to provide assistance as mock jurors or focus
group members or the like, or to furnish technical or expert services, and/or to give
testimony in this action.
5.
Third parties producing documents in the course of this action may also
designate documents as "Confidential", subject to the same protections and
constraints as the parties to the action. A copy of the Protective& Restraining
Order shall be served along with any subpoena served in connection with this
action. All documents produced by such third parties shall be treated as
"Confidential" for a period of 14 days from the date of their production, and during
that period any party may designate such documents as "Confidential" pursuant to
the terms of the Protective& Restraining Order.
6.
Each person appropriately designated pursuant to paragraphs 4(f) to receive
Confidential information shall execute a ''Written Assurance" in the form
attached as Exhibit A. Opposing counsel shall be notified at least 14 days prior to
disclosure to any such person who is known to be an employee or agent of, or
consultant to, any competitor of the party whose designated documents are sought
to be disclosed. Such notice shall provide a reasonable description of the outside
independent person to whom disclosure is sought sufficient to permit objection to be
made. If a party objects in writing to such disclosure within 14 days after receipt of
notice, no disclosure shall be made until the party seeking disclosure obtains the
prior approval of the Court or the objecting party.
7.
All depositions or portions of depositions taken in this action that contain
confidential information may be designated "Confidential" and thereby obtain the
protections accorded other "Confidential" documents. Confidentiality designations
for depositions shall be made either on the record or by written notice to the other
party within 14 days of receipt of the transcript. Unless otherwise agreed,
depositions shall be treated as "Confidential" during the 14-day period following
receipt of the transcript. The deposition of any witness (or any portion of such
deposition) that encompasses Confidential information shall be taken only in the
presence of persons who are qualified to have access to such information.
8.
Any party who inadvertently fails to identify documents as "Confidential"
shall, promptly upon discovery of its oversight, provide written notice of the error
and substitute appropriately-designated documents. Any party receiving such
improperly-designated documents shall retrieve such documents from persons not
entitled to receive those documents and, upon receipt of the substitute documents,
shall return or destroy the improperly-designated documents.
9.
If a party files a document containing Confidential information with the
Court, it shall do so in compliance with the Electronic Case Filing Procedures for
the District of Nebraska. Prior to disclosure at trial or a hearing of materials or
information designated "Confidential", the parties may seek further protections
against public disclosure from the Court.
10.
Any party may request a change in the designation of any information
designated "Confidential". Any such document shall be treated as designated until
the change is completed. If the requested change in designation is not agreed to,
the party seeking the change may move the Court for appropriate relief, providing
notice to any third party whose designation of produced documents as
"Confidential" in the action may be affected. The party asserting that the material
is Confidential shall have the burden of proving that the information in question is
within the scope of protection afforded by Fed. R. Civ. P. 26(c).
11.
Within 90 days of the termination of this action, including any appeals, each
party shall either destroy or return to the opposing party all documents designated
by the opposing party as "Confidential", and all copies of such documents, and shall
destroy all extracts and/or data taken from such documents. Each party shall
provide a certification as to such return or destruction within the 90-day period.
However, Attorneys shall be entitled to retain a set of all documents filed with the
Court and all correspondence generated in connection with the action.
12.
Any party may apply to the Court for a modification of the Protective&
Restraining Order, and nothing in this Protective& Restraining Order shall
be construed to prevent a party from seeking such further provisions enhancing or
limiting confidentiality as may be appropriate.
13.
No action taken in accordance with the Protective& Restraining Order
shall be construed as a waiver of any claim or defense in the action or of any
position as to discoverability or admissibility of evidence.
14.
The obligations imposed by the Protective& Restraining Order shall
survive the termination of this action. Stipulated to:
Date:
6/10/2013
By:
Date:
6/10/2014_ _ _ _ __
By:
EXHIBIT A
WRITTEN ASSURANCE
I ,Mr. Michael B. Woolman, declare that:
I reside at ,1710 GARFIELD St. ,Apt# 2.,in the City of Lincoln, County
of Lancaster. State of Nebraska . My telephone number is (402)484-0233.
I am currently employed at this address, located at, and my current job title
is Attorney At Law.
I have read and I understand the terms of the Protective Restraining Order
dated ,6/11/2013, filed in Case No. NEW CASE
, pending in the
United States District Court for the District of Nebraska. I agree to comply with
and be bound by the provisions of the Protective& Restraining Order. I
understand that any violation of the Protective& Restraining Order may subject
me to sanctions by the Court.
I shall not divulge any documents, or copies of documents, designated
"Confidential" obtained pursuant to such Protective &Restraining Order, or the
contents of such documents, to any person other than those specifically authorized
by the Protective&Restraining Order. I shall not copy or use such documents
except for the purposes of this action and pursuant to the terms of the Protective
Order.
As soon as practical, but no later than 30 days after final termination of this
action, I shall return to the attorney from whom I have received them, any
documents in my possession designated "Confidential", and all copies, excerpts,
summaries, notes, digests, abstracts, and indices relating to such documents.
I submit myself to the jurisdiction of the United States District Court for the
District of Nebraska for the purpose of enforcing or otherwise providing relief
relating to the Protective& Restraining Order.
CERTIFICATE OF SERVICE
ON THE DAY OF,lO,OF ,June. OF .2013: I DECLARE UNDER THE DEATH
PENALTY & PERJURY ;THAT THIS STATEMENT IS TRUE AND
NOW FOREGOING THIS PROTECTIVE &RESTRAINING ORDER PAPERWORK
TO BE DILIVERED BY:MEMr. Michael B. Woolman; TO:
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA .
100 Centennial Mall.North
Room# 593
Lincoln,Neb.68508
Mr.Michael B. Woolman
SIGNATURE
ADDRESS:1710 GARFIELD St.
Apt#~
City,State,ZIP : Lincoln.Neb.68502
Phone # (402) 484-0233
E-Mail :ironrun@live.com
Executed
IN THE
UNITED STATES DISTRICT COURT
For The District Of Nebraska
)
)
)
)
)
)
)
Mr .Michael B. Woolman
Plaintiff(s),
v.
TIME WARNER & FACEBOOK.COM,
Defendant(s).
Case Number: - -CV- - - :
CONSENT TO EXERCISE OF JURISDICTION
BY A UNITED STATES MAGISTRATE JUDGE
CONSENT TO EXERCISE OF JURISDICTION BY UNITED STATES MAGISTRATE JUDGE
In accordance with the provisions of28 U.S.C. § 636(c) and Fed. R. Civ. P. 73, the parties in this case hereby
voluntarily consent to have a United States Magistrate Judge conduct any and all further proceedings in the case,
including the trial, and order the entry of a final judgment. Any appeal shall be taken to the United States Court of
Appeals for the Eighth Circuit.
Signature of Attorney or Party
Name of Party
Mr.Michae~
:
thmk/J
---6/-10-/2_0_1_3- - -
' f/ I
For_ _ _ _ _ _ _ _ __
For
---------DISTRICT JUDGE OPTION
Pursuant to 28 U.S.C. § 636(cX2) and Fed. R. Civ. P. 73, the parties in this case hereby acknowledge the
availability of a United States Magistrate Judge but elect to have this case randomly assigned to a United States District
Judge.
Signature of Attorney or Party
Mr.Michael B. Woolman
Name of Party
For~
Date
6/10/2013
PWUUiff~~M
SIGNATURE~~
JUDGE SIGNATURE&DATE__________________________________
PRESAPE
Case No. NEW
In The
UNITED STATES DISTRICT COURT
For The District Of Nebraska
Mr.Michael B. Woolman
PRO-HAC-VICE
Plaintiff
Vs.
Time Warner & Facebook.com
Defendant
PRESAPE
UNITED STATES DISTRICT COURT ,For The District Of Nebraska
U.S. POSTIL SERVICE AND FIRST CLASS MAIL
"Please Clerk issue the service upon the Plaintiff(s)"
By personally serving or by leaving at his or her place of residence or business located AT
"SERVICE THE RESTRAINING ORDER & GAUGE ORDER FOR ANY BROADCASTING TO"
Time Warner & Facebook.com
AT
5400 S 16Th, Lincoln,Neb.68512
SERVICE IS PAYED FROM
Mr.Michael B. Woolman
1710 Garfield. Apt # 2
ADDRESS/I Apt#
Lincoln.Neb.68502.
CITY,STATE,ZIP
(402)484-0233
PHONE#
ironrun@live.com
E-MAIL
Pg.l
~
--
.
PRESAPE
CaseNo.NEW
CERTIFICATE OF SERVICE
On The Day Of, 11, Of, June,Of ,2013. I declare under the death penalty and
perjury ,that ,this statement is true: This Presape, will be delivered by: I,
Mr.Michael B. Woolman ,TO:
UNITED STATES DISRTRICT COURT
For The District Of Nebraska
100 Centennial Mall, North,
Room# 593
Lincoln,Neb.68508
Mr. Michael B. Woolman
Signature & Date
1710 Garfield. Apt # 2
ADDRESS/I Apt #
Lincoln.Neb.68502.
CITY,STATE,ZIP
(402)484-0233
Phone#
ironrun@live.com
E-Mail
Pg.2
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