Case 1:09-cv-00805-RJL Document 2 Filed 05/01/2009 Page 1 of 4

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Joseph Zernik
FILED Digitally signed by Joseph Zernlk
DN: cn=Joseph Zernik,
email=Jz12345@earthlink.net.

2 PO Box 526 MAY - 1 2009 c=U5

Date: 2009 05.01 05:50:09 -07'00'
LA Verne, CA 91750 k u 5 District and
3 Tel:(310)4359107 e'er, . 'tcy courts
Bankrup
4 Fax: (801) 998 0917
jz12345@earthlink.net
5 Plaintiff
6 in pro se
7 UNITED STATES DISTRICT COURT
8 DISTRICT OF COLUMBIA
9 DEMAND FOR JURY TRIAL
10
11 JOSEPH H ZERNIK
12 Plaintiff
vs.
13

14 KENNETH MELSON, US DEPT OF

Case: 1:09-cv-00805
15 JUSTICE; KENNETH KAISER; Assigned To: Leon, Richard J.
FBI; SAMUEL BEZEK, SEC;
Assign. Date: 51112009 .
16 TIMOTHY MAYOPOULOS;
Description: Admin. Agency ReView
17 KENNETH LEWIS; BANK OF
AMERICA CORPORATION (BAC);
18 BAC AUDIT COMMITTEE; DON MOTION FOR CM/ECF PASSWORD
19 LENTS; PETER VAN CLEVE;
BRYAN CAVE, LLP;
20 Defendants
21 DATE: MAY-01, 2009
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Zernik v Melson, et al; Verified Motion for CMlECF Password
 Case 1:09-cv-00805-RJL Document 2 Filed 05/01/2009 Page 2 of 4

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PLAINTIFF Joseph Zemik ("Plaintiff', "Dr Zemik") herein files this Verified

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Motion CM/ECF Password pursuant to Local Rules of Court, U.S. District Court,
Washington, D.C., LCvR 5.4(b)(2).
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LCvR 5.4(b)(2) says:
(2) A pro se party may obtain a CM/ECF password from the Clerk with
11 leave of Court. Whether leave of Court should be granted is within the
12 discretion of the judge to whom the case is assigned. To obtain leave
of Court, the pro se party must file a written motion entitled "Motion for
13 CM/ECF Password," describing the party's access to the internet and
confirming the capacity to file documents and receive the filings of
14 other parties electronically on a regular basis. If leave of Court is
granted, the pro se party must complete the CM/ECF training provided
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by the Clerk to all electronic filers before the Clerk issues a CM/ECF
16 password.

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18 Dr Zemik respectfully requests that this Honorable Court grant him leave to
19 obtain a CMIECF password. If granted, Dr Zemik will immediately complete the
20 CMlECF training, prior to issuance of the CM/ECF password.
21 Dr Zemik is familiar with Pacer, has obtained a Pacer account about a year ago,
22 and has been using it frequently in the past, to download, to search, etc. Therefore, he
23 believes that the transition to electronic filing would be an easy one. Dr Zemik is very
24 accustomed to computer use in everyday life, his experience goes back over 35 years,
25 to programming on mainframes using punchcards. Dr Zemik has direct access to high
26 speed intemet connection, and he inspects his email or a regular basis several times a
27 day. In fact.email is his main mode of communications.
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Zernik v Melson, et al; Verified Motion for CMlECF Password
 Case 1:09-cv-00805-RJL Document 2 Filed 05/01/2009 Page 3 of 4

Allowing a pro se litigant electronic filing would only bring him a bit closer to
2 a level playing field, when other parties are unlimited in funds and personnel as is
3 likely to be the situation in instant case. Denying him this privilege would set him
4 back substantially, since paper filing is very costly, both in time and funds.
5 Furthermore, Dr Zemik believes that forcing one party among several to
6 practice paper filing when all others engage in electronic filing distorts the litigation
7 substantially, possibly irrevocably. The party that files on paper suffers routinely
8 penalties of delays or lack of knowledge that is available to all other parties at that
9 time.
10 Finally - the party that is forced to file on paper is subjected to additional staff
11 interfaces that are likely to introduce biases (either positive or negative) and errors
12 more often than the machine interface ofthe electronic filer. Based on my personal
13 experience - the result is hardly ever the same.
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15 Respectfully submitted,
16

17 MAY 01, 2009

18 WASHINGTON, DC
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21 By:
22 Joseph Zemik, DMD, PhD
23 pro se Plaintiff
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Zernik v Melson, et al; Verified Motion for CMlECF Password

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3 STATEMENT OF VERIFICATION
4 Motion for CMIECF Password
5 I, Joseph Zernik, have read the foregoing Motion for CMIECF Password
6 and I know the content thereof to be true. It is correct based on my own personal
7 knowledge, except as to those matters therein stated as based upon information and
8 belief, and as to to those matters, I believe them to be true and correct as well.
9 I make this declaration that the foregoing is true and correct under penalty of
10 perjury pursuant to the laws of California and the United States.
11 Executed here in, WASHINGTON, DC, on this 1th day in May, 2009.
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14 Joseph Zernik
Plaintiff
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in pro per
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20 Attached: 1) Proposed Order.

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Zernik v Melson et al; Verified Motion for CMlECF Password