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)

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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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