Case: 17-1381 Document: 00117201249 Page: 1 Date Filed: 09/14/2017 Entry ID: 6119984

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIRST CIRCUIT

)
MOHAN A. HARIHAR, )
)
Appellant )
) Case No. 17-1381
v. )
)
US BANK NA, et al )
)
Defendants/Appellees )
)

APPELLANT DEMAND FOR ENTRY OF DEFAULT JUDGMENT

The Appellant - Mohan A. Harihar, respectfully files with the Court this DEMAND to bring a

DEFAULT JUDGMENT against ALL Appellees/Defendants pursuant to Fed. R. App. P.

31(c), 1st Cir. R. 45.0(a), and Fed. R. Civ. P. 60(b)(3) (UNOPPOSED).

As grounds therefor, the Appellant states:

1. Fed. R. App. P. 31 (c) provides in pertinent part as follows:

An Appellee who fails to file a brief will not be heard at oral argument unless the court

grants permission.

2. 1st Cir. R. 45.0 (b) - When a cause is in default as to the filing of the brief for Appellee

or respondent, the cause must be assigned to the next list and the Appellee will not be

heard at oral argument except by leave of the Court.

3. This Court issued the Appellants Briefing Notice on June 5, 2017. Said Briefing Notice

required Appellees to file their brief(s) by September 13, 2017. On August 18, 2017,

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Appellees Commonwealth of Massachusetts and Martha Coakley filed a motion for

Summary Disposition and request for a 30-day timeline extension for filing their brief,

should the motion be denied. On August 31, 2017, Chief Justice Howard issued the

following order:

Defendants-appellees Martha Coakley and Commonwealth of Massachusetts'

opposed motion to stay briefing pending the court's ruling on the motion for summary

disposition is allowed. Appellees Martha Coakley and Commonwealth of

Massachusetts' brief shall be due within 30 days following any order denying their

motion to for summary disposition either in whole, or in part.

HOWEVER, as articulated in the Appellant RESPONSE filed with this Court on

September 8, 2017, this order by Chief Justice Howard is considered issued WITHOUT

JURISDICTION, and is considered VOID. It is also considered an act of TREASON

under ARTICLE III, Section 3 of the Constitution. As of today, September 14, 2017:

a. NO APPELLEE BRIEF has been filed by Appellees Commonwealth of

Massachusetts or Martha Coakley;

b. There has been NO ATTEMPT by either Appellee to dispute, challenge, or

question the Appellants claim of the VOID order prior to the submission

deadline of September 13, 2017. Therefore, Appellees Commonwealth of

Massachusetts and Martha Coakley are considered in DEFAULT.

4. Similarly, on August 31, 2017, the remaining Appellees filed a motion for Summary

Disposition and request for a 30-day timeline extension for filing their brief, should the

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motion be denied. While a decision is still pending, the Appellant response filed

September 8, 2017 articulates how Appellees show NO VALID ARGUMENT

warranting summary disposition or allowance for an extension. Appellees have filed no

reply to contest ANY portion of the Appellants response, and as of today September 14,

2017, NO APPELLEE BRIEF has been filed with the Court.

In their own words, Appellees stated as part of the record on July 31, 2017:

As the Seventh Circuit stated in Ramos v. Ashcroft. 371 F3d 948, 949 950 (7th Cir.

2004):

A brief must be tendered when due. If extra time has not been granted in advance,

then the litigant must file its brief as scheduled If events justify a last-minute motion

concerning jurisdiction, venue, sanctions, or any other subject, then that motion may

accompany the brief; a motion is not a substitute for a brief. (emphasis in original).

5. In addition, and as noted above, 1st Cir. R. 45.0 (b) - When a cause is in default as to the

filing of the brief for appellee or respondent, the cause must be assigned to the next list

and the appellee will not be heard at oral argument except by leave of the Court.

6. UNOPPOSED Fraud on the Court Claims pursuant to Fed. R. Civ. P. 60(b)(3)

This Court is respectfully reminded that the referenced Fraud on the Court claims, well-

articulated against ALL Appellees, BOTH in the lower Court Docket AND in this

Appeal, is considered grounds for DEFAULT with prejudice.

7. Jurisdiction prior to moving forward with ANY decisions, the Appellant respectfully

states that issues remain regarding jurisdiction. The Appellant has brought evidenced

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claims of judicial misconduct against 9 judges, including Circuit Judges - Torruella,

Kayatta, Barron, Thompson and Chief Justice Howard. It is the Appellants

interpretation of the law that these five (5) judges are considered disqualified by law

and have lost jurisdiction to rule further in this litigation. Any attempt to rule further

without jurisdiction is therefore considered an ACT OF TREASON, under ARTICLE

III, Section 3 of The United States Constitution. The Court is respectfully reminded

that the sua sponte RECUSAL of Judge Allison Dale Burroughs in the related Docket

No. 17-cv-11109, HARIHAR v. THE UNITED STATES was in part, a result of

similarly evidenced misconduct on record with THIS LOWER COURT DOCKET

NO. 15-cv-11880. As with the claims against Judge Burroughs, there has been NO

ATTEMPT to ADDRESS, DEFEND, or DENY these evidenced claims removing

jurisdiction from referenced Appellate Court Judges, including Chief Justice Howard.

Already, an incremental claim of Treason under Article III has been brought against

Chief Justice Howard (reference the August 31, 2017 order), and now, it appears that on

September 14, 2017 (today), Judge Kayatta has similarly issued an order without

jurisdiction (The Appellant will address this matter separately).

8. Appellees Opportunity to Seek Agreement Expires Friday, September 16, 2017 -

The Appellant has generously extended an opportunity to POTENTIALLY consider

reaching a mutual agreement on the civil portions of this complaint. SHOULD the

Appellees refuse this opportunity by the given deadline, there will not be another,

showing cause for the clerk to timely enter a default judgment. The Appellant makes

clear, that ANY potential agreement between parties will pertain to civil portions only.

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Criminal and Professional misconduct claims including (but not limited to) Attorney

misconduct (under Fed. R. App. P. 46) and Broker/Realtor misconduct will need to

be addressed separately and with the assistance of Federal Prosecutors.

9. Appellees Commonwealth of Massachusetts and Martha Coakley The Appellant

clarifies for the record that the opportunity extended to the Commonwealth and its former

Attorney General Martha Coakley already expired on Friday, September 9, 2017. The

Appellant generously extends the timeline to September 16, 2017, in line with the

remaining Defendants/Appellees.

10. Defendants/Appellees David E. Fialkow and Jeffrey S. Patterson For reasons

clearly explained within the record of this Appeal and in the lower docket, both

Defendants Fialkow and Patterson are considered Appellees. NEITHER has filed and

Appellee Brief by the required deadline, and the pending motion before the Court does

not include either party. Therefore, both are considered in DEFAULT.

CONCLUSION

WHEREFORE, if no response requesting to seek agreement is documented by the Court by this

Friday, September 16, 2017 - 5pm (EST), the Appellant respectfully requests that the Clerk issue

an order of DEFAULT against ALL referenced parties, as required.

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Respectfully submitted this 14th Day of September, 2017.

Mohan A. Harihar
Appellant
7124 Avalon Drive
Acton, MA 01720
Mo.harihar@gmail.com

CERTIFICATE OF SERVICE

I hereby certify that on September 14, 2017 I electronically filed the foregoing with the Clerk of
Court using the CM/ECF System, which will send notice of such filing to the following
registered CM/ECF users:

Jeffrey B. Loeb
David Glod
David E. Fialkow
Kevin Patrick Polansky
Matthew T. Murphy
Kurt R. McHugh
Jesse M. Boodoo

Mohan A. Harihar
Appellant
7124 Avalon Drive
Acton, MA 01720
Mo.harihar@gmail.com