In the
United states district court
for the district of nevada
Las vegas division
ALBERT LOWRY, ET AL ]
9811 Charleston Avenue ]
Las Vegas, Nevada 89101 ]
]
ENTREPRENEURIAL Systems, LLC ]
9811 Charleston Avenue ]
Las Vegas, Nevada 89101 ]
] CIVIL NO.: 07-01094 PMP
EDUCATION ADVANCEMENT INST. ]
9811 Charleston Avenue ]
Las Vegas, Nevada 89101 ]
PLAINTIFFS, ]
CROSS DEFENDANTS ] REMOVAL ACTION UNDER
] 28 U.S.C. 1441,1343
V. ] AND 1367. COUNTER-CLAIMS
]
VICTIMIZED BY PLAINTIFFS' ]
WITHDRAWN FOR PROTECTION ]
Kingstowne, Virginia 22315 ]
Defendant, Pro-Se, ]
Cross-Plaintiff, Pro-Se% ]
Defendant pro-ses motion to transfer
and complaint against plaintiff.
COMES NOW, the Defendant Pro-Se, %. To move this Honorable Court to transfer the above-entitled cause of action from the State of Nevada District Court, Las Vegas, Nevada, to the Federal District Court for the district of Las Vegas under 28 U.S.C. 1331,1332 on Nevadas district courts permitted unconstitutional acts that have caused resulting harm, injury, and prejudice against defendants Constitutional Right (s), due process, equal protection of law, and right to be heard under the U.S. Constitution and adverse to the Nevada Revised Statutes, NRS 14.065, NRS 463.3407, and the Federal Rules of Civil Procedure, Rule 4 (c) (1), Service of Process.
Defendant was purposely not served by Lowry and his attorney, Booke, adverse of and contrary to NRS Title 2,14.065 (1) A court of this state may exercise jurisdiction over a party... On any basis not inconsistent with the... Constitution of the United States. And (2) Personal service of a summons upon a party outside this state is sufficient... If the service is made by delivering a copy of the summons, [] with a copy of the complaint...
The District Court is ignoring all facts that the defendant was n[ot] ever served with any complaint and summons, violating defendants rights to be heard, right to be served, (NOTICE) and to put on a full and complete defenses against the criminal and civil activities or misconduct of plaintiff, Albert Lowry before, during and after October by this district courts orders and ruling.
JURISDICTION
This Court has original jurisdiction under 28 U.S.C. 1331 and 1332.
This Court has supplemental jurisdiction under 28 U.S.C. 1367.
This Court has pendent jurisdiction under 42 U.S.C. 1983, Civil Rights; 18 U.S.C. 1961, (rico); 18 U.S.C. 1512 and 1513, (retaliating against, the threatening of, coercing, harassing and intimidating any victim (s) or witnesses) while engaging in a criminal enterprise by Albert Lowry, before October during and after his filing of this cause of action in September.
VENUE
The venue of this Court is proper where the Plaintiff, Albert Lowry, (hereafter, Lowry), is a Nevada resident, living at 9811 Charleston Avenue, Las Vegas, Nevada.
Defendant Pro-Se, %, is a resident of the State of Virginia from the inception of Lowrys criminal acts and civil violations under 28 U.S.C. 1331 (Federal Question) and 1332, (Diversity of Citizenship).
I. DEFENDANT PRO-SES COMPLAINT FOR REMOVAL
State court judges have repeatedly failed or have intention-allly refused to comply with defendant, (hereafter *) Pro-Ses 14th Amendment, Due Process and Equal Protection of Laws. Several district court judges have repeatedly allowed, condoned and permitted other forms of attorneys misconduct among Lowrys, Bookes, Marks and Levins makings of knowingly or willfully material false statements both by the process server in the affidavit and by Lowry, Booke to the district judge (s) in the making of the civil suit that amounts to perjury, (18 U.S.C. 1001) and a criminal conspiracy (18 U.S.C. 341).
Lowrys former attorney, Bradley Booke, Esq. (hereafter Booke) had committed and knowingly made material false state-ments in their civil suit, to a district judge and/or clerk of the Nevada State court by Albert Lowrys former attorney Booke and now, Lowrys current set of attorneys, Daniel Marks and Adam Levin, Esqs., who have continued to engage in jointly criminal and civil violations of Fioranis Constitutional Rights and conspiracy under 18 U.S.C. 1001,341, and 242.
Ii. Background of the complaint
On October 5 and 6, about 200 persons in and around the States of Maryland, Virginia and Washington, D.C., (hereafter, District of Columbia) attended Lowrys, EAIs and ESs delusory, fraudulent, deceptive and willfully falsified real estate program, (seminars) at a hotels conference room, in Silver Springs, Maryland.
Prior to that date, it was discovered after October 7, that the Federal Trade Commission, (FTC) about a dozen other States Attorneys Generals, Secret Service, (SS), Federal Bureau of Investigation, (FBI), and United States Attorneys Office in the District of Columbia were conducting various criminal investigations and criminal prosecutions of those LOWRY, (CARLETON) SHEETS AND (ROBERT) ALLENS, among others who were deceiving consumers out of millions of dollars, nationwide.
On February 22, the Washington Post printed, released several full-pages about the above-named criminals, who had and were under criminal and civil investigations for their commissions of real estate fraud, credit card fraud, common fraud and mortgage fraud, among other federal and state crimes for their deceptively selling deceptive and fraudulent real estate seminars that does not work, is not legal in many States, and where thousands of consumers were scammed out of anywhere from $10,000 to as much as $100,000, or more, over a period of years, before and after the
publication (s) of that nationwide, public notice for public concerns.
In or about March to about September defendant and about 33 other victims in Maryland and Virginia had consulted an attorney with the intentions of filing a major, nationwide class-action suit by about October because of Lowry criminal enterprises repeatedly failing, refusing or totally ignoring to return, or in the alternative, fully-compensating any or all those 33 victims of Lowrys, Education Advancement Institutes and Entrepreneural Systemss real estate frauds, scams and deceptive (criminal) seminars, per the FTC and States Attorneys Generals.
By about May or June to about September the victims had obtained an attorney, Mr. John DiJoseph, Esq., a Virginia attorney to attempt to settle and obtain full compensations for all the victims and witnesses who had started to come forward.
Defendant also got a lawfirm in Westminster, Maryland to assist him from about 2003 to 2005 to recover all his attorneys fees, additional costs and incidental expenses that were incurred by him from October 7 to now August 4, to try the real estate programs only to learn through many other discovered and revealed other victims or witness-Entrepreneural Systems that none of Lowrys victims were every fully compensated for
Lowrys specific scams, deceptive or fraudulent real estate programs perpetrated against defendants and victims specifically; and eventually it was
discovered that more than tens of thousands, estimated to be more than 200,000 other victims Lowry caused and stole all their money amounting to more than $30 million dollars or more.
By September Booke and Lowry did not agree to settle with any of the victims, including defendants. At some point, DiJoseph and many of those victims were starting to talk to federal investigators regarding their
their own serious financial harm and personal damages each of them have incurred because of his, directly and indirectly, Lowry's real estate programs.
Between March to about October defendant made calls to
and wrote letters to various federal and state attorney generals offices, concerning the ongoing criminal and civil violations under the FTCs (Unfair Trade and Deceptive Business Practices Act) and the States Consumer Protection Laws.
Without defendant's knowledge, nor that of DiJosephs, under the
Federal Rules of Civil Procedure Rules 4 and 55 (a) and (b), including the ABAs
Code of Professional Responsibility Model Rules that no attorney may contact
any party defendant in a [pending] civil suit if that alleged defendant has an attorney representing him/her in one case or that new civil case.
However, Lowry and Booke unlawfully filed an intentionally false,
retaliatory, malicious and vengeful civil suit against Fiorani, without ever serving, under Federal Rules of Civil Procedure Rule 4 (c) (1), neither DiJoseph or defendant (s), —victims.—
On or about September about one year later, defendant was
sent a letter from a company, J.K. Lassiter, that a default judgment had
been entered in the State of Nevada against him, by Albert Lowry, et al.
Defendant called DiJoseph about the letter. Both of them began to
try to fight the unconstitutional and falsified civil suit and default judgment filed in or about September forward, to this date.
Defendant and DiJoseph obtained the information that proved that
Lowry and Booke did knowingly, purposely and criminally falsified, per his, the
Nevada attorneys, David Amesbury and associate, Alex Villimar, Esqs., who
got copies of information and documents illustrating that at no time ever was or could defendant had been lawfully served, per the manufactured and fabricated dates of service (s) on the affidavit or service of process.
Eventually, in September defendant filed suit in Federal Court in the State of Maryland with help of a Maryland lawfirm, and John DiJoseph's
lawfirm who had advised him what to do in drafting the single civil suit filed in
the U.S. District Court for the Southern District of Maryland, Greenbelt.
About one year later, between October 27 to December 11,
as a form of Lowrys retaliation, coercion and intimidation exerted on and against all victims and witnesses, including defendant, on criminal acts
and civil misconduct of Lowrys and his companies. Lowry hired several of his cohorts in crime to make bodily email threats to defendants email and committed telephone call harassment against defendant, and all other victims
and witnesses or anyone else who had or has helped defendant against Lowry
and his companies, since on and after May.
Between October to December defendant filed several more
'consumer' complaints against Lowry and his criminal activities to FTC, IC3,
U.S. Attorneys offices in Baltimore, Maryland and Alexandria, Virginia, and he was further referred to the FBI in Baltimore, Maryland and Washington, DC's
Field Offices. Each agency told defendant and his several attorneys to also
contact the local Virginia police, Virginia state police and Fairfax County Police where a criminal complaint was filed and is on-hand against Lowry and his cohorts in crime, Steven David BSedek.
By about April defendant's paid Nevada's attorneys fees for
legal expenses, costs exceeded $15,000 to date. The legal assistance of
Amesbury and Schutt, David Amesbury and Alex Villimar began collecting from
defendant by emails, faxes and regular mails all legal documents from which
defendant based his defenses on against Lowry's and Bookes premeditated
false, retaliatory and deliberately concocted civil suit filed in the Nevada District Court.
Unknown by either of defendant's hired Nevada, Maryland and/or Virginia attorneys, the Supreme Court of Nevada issued a ruling that protects anyone who files a consumer complaint under NRS 463.3407 against person, organization and/or company for state and federal criminal and civil violations of law. The case, Hampe v. Foote, 47 P. 3d 438,439-40 (Nev. 2002), held any person who files a complaint to an agency or department of the State is absolutely immune from any civil suit for libel, slander or defamation...
The Nevada Supreme Court ordered all parties meet on February 15,
2007 to engage in a full and fair settlement agreement. However, after the
settlement was drafted and signed, it showed to be all one-sided for Lowry and against 'the defendant', who was to had received a full and fair compensation for four (4) years of egregious harm, financial injuries and intended personal damages. The agreement does not make defendant whole prior 2004 and 2005's alleged website was falsely stated to be in violation of
the settlement agreement.
Indeed, Lowrys years of criminal acts and civil violations included those of his attorneys bribing a federal judge in Baltimore, getting the Federal Judge to dismiss the pending civil suit where Lowry has a default judgment against him for $800,000, also including many Violations of RICO, 18 U.S.C. 1961,1512 and 1513-1514, under ricos criminal acts of coercing, threatening, retaliating or causing bodily harm to any victim or witness.
Ii. Defendant pro-ses motion to remove and transfer
civil case to U.S. District court under 28 U.S.C. 1441.
Defendant Pro-Se, moves this Court to remove this civil cause of action from the District Court for the State of Nevada, and transfer it to the United States District Court for the District of Nevada, on these grounds as set forth herein below:
1. Defendant asserts and puts forth independent facts and evidence that Lowry and Bradley Booke, Esq. Had committed fraud, perjury and did engage in a criminal conspiracy against Nevada and Virginia State criminal code sections while also committing fraud, or in the alternative, concealment,
on this district court when Lowry, EAI, ENTREPRENEURAL SYSTEMS and
Bradley Booke, Esq. Originally filed manufactured, false and concocted civil suit against defendant in or about September in this District Court for the County of Clarke, City of Las Vegas.
2. Booke and Lowry engaged in an unlawful criminal conspiracy under Nevada law, NRS 199.480 (3) (c), (d), (e), (f) and (g), and 199.490; and each did commit various other federal crimes under the United States Code Sections 18.
3. Lowry and Booke knew, or had reasons to know, and was fully aware defendant was being represented by a Virginia attorney at the time of Lowrys and Bookes criminal acts and misconduct, including Bookes unconstitutional violations of defendant's Due Process and Equal Protection rights.
4. Booke knew, had reasons to know, or was fully aware of, and had knowledge Booke falsified, manufactured and trumped up claims of libel, slander and defamation against an out-of-state person who had absolutely no ties to Nevada under any rules of law, statutes, and code sections, adverse to Bookes false statements to this Court for the filed civil suit.
5. Booke and Lowry fabricated, manufactured and concocted a service of process that was never done; and, whereby plaintiffs counsel, Booke, did allow, condone and permit that falsified, manufactured or trumped up affidavit to be submitted to a court, knowing that the affidavit was false and defendant was never served under the Federal Rules of Civil Procedure, Rule 4.
6. On or about July Booke and Lowry, EAI and ENTREPRENEURAL SYSTEMS did unlawfully, while continuing to engage in their ongoing criminal and civil violations of law against this Court and defendant, in furtherance of their criminal acts. Lowry and Booke also did obtain an unconstitutional default judgment against defendant knowing the defendant was represented by an attorney in the State of Virginia, adverse to the Code of Professional Responsibility, DR 7-104 (A) (1),
Communicating or causing another to communicate on the subject of the representation with a party he (Booke) knew or knows to be represented by an attorney in that matter unless (Booke) he has prior consent of the lawyer representing such other party...
7. Since then, defendant has not had any fair hearings in these matters by the district court on setting aside an unconstitutional default judgment under the Constitutions Due Process and Equal Protection Clauses, regarding the Supreme Courts decision (s) of fundamental fairness and the full opportunity to be heard in this matter against the ongoing and constant criminal activities of plaintiffs Albert Lowry, ENTREPRENEURAL SYSTEMS and EAI and plaintiffs counsel, Bradley Booke, Esq..
8. Adverse to the filing of this civil suit, plaintiffs counsel also knew of, about and was aware that there is total diversity of citizenship in this cause of action under 28 U.S.C. 1331 and 1332, but blocked, hindered and prevented the defendant and his [then] attorney to learn of the unlawful civil suit until more than a year after a default judgment was obtained in this district court.
9. Since the default judgment defendant has further expended tens of thousands of dollars to defend this meritless, malicious and retaliatory suit, fabricated on Lowrys criminal and civil violations of Maryland and Virginia consumer protection laws, the Federal Trade Commission Act, Section 5, and other States Attorneys and Federal U.S. Attorneys seeking civil and criminal prosecutions of Albert Lowry, EAI and ENTREPRENEURAL SYSTEMS for common law fraud, Unfair Trade and Deceptive Business Practices, and crimes against victims and witnesses involving their deceptive and fraudulent sales or (seminars) of real estate programs, bilking and stealing from hundreds of thousands of victims, nationwide, out of tens of millions of dollars before, during and after October.
10. Subsequently, in or about defendant, through his Nevada
attorneys and Virginia attorneys, learned the Nevada Supreme Courts ruling
against Lowry. The Courts ruling held, under NRS 463.3407, a person is absolutely privileged (immune) when making or filing a consumer complaint to anyone in the State against a business, person or company, operating in this State under the Supreme Courts decision of Hampe v. Foote, (citation omitted).
11. Lowry, Booke, BSedek, and Lowrys former attorneys, Seth Berenzweig and Angela France, Esqs. And now, Daniel Marks, Esq., and Adam Levin are invariably keeping defendant from ever falling under the Nevada State Supreme Courts decision rendering plaintiffs civil suit void on the grounds of: (A) diversity of citizenship; (B) Void under absolute privilege (s); (C) Void on grounds of constitutional (Due Process), (Service of Process) and (Notice) violations; and (D) Void when defendant was never given any fair and impartial hearing with Nevada counsel, while district judges are repeatedly hindering, keeping, blocking and preventing defendant from ever getting a fundamentally fair hearing on the specific facts of the cases merits against Lowerys civil case.
12. Between October 27 to about December 11, Lowry and his agent, through Lowrys Virginia attorney, Seth Berenzweig did engage in an ongoing criminal conspiracy that crossed State lines at the time when Lowry directed, ordered or guided Steven David BSedek, (hereafter, BSedek) and BSedeks cohorts sent across state lines, several emails to cause resulting hurt, injury and bodily pain from threats by emails to defendant adverse to federal law, 18 U.S.C. 1030.
13. Lowry, BSedek, Berenzweig and Booke thereby engaged in a criminal conspiracy under 18 U.S.C. 371 by making bodily threats to defendant, a victim and witness against Lowrys crime enterprise under 18 U.S.C. 1512,1513 and 1514 which includes, 18 U.S.C. 1961, et seq. Against defendant and his families living in Maryland and Virginia over three months.
14. Defendant had to call the FBI, FTC, IC3, State and local police to initiate a criminal investigation against Lowry and BSedeks unlawful criminal website.
15. On May 24, Steven BSedek, a Lowry criminal cohort committed suicide after killing two (2) persons in the city of Shippensburg, Pennsylvania before State Police closed in.
16. Defendant does not own any property in the State of Nevada.
17. Defendant does not hold any licenses in the State of Nevada.
18. Defendant does not have any contacts with the State of Nevada.
19. Lowrys attorney, Bradley Booke, Esq. Falsely stated, under oath to the district court, that defendant had contacts with Nevada, and committed fraud on the district court at the time Bradley Booke filed his false, retaliatory, malicious and revengeful civil suit.
20. Booke, and now Marks or Levin have knowingly and improperly filed the recent Order, manufactured by District Judge Herndon in the wrong court, intentionally subjecting defendanti to hundreds of thousands of dollars in
additional incurred fees, expenses, costs and attorneys fees when there is forum non conveniens in this Nevada State District Court, amounting to more than $400,000, not including the punitive damages ordered by the clerk in Baltimore, MD, that was reversed by a corrupt Federal Judge B. Legg, in the amount of $800,000. The Judicial Misconduct Committee, 4th Cir., ABA, and the United States Department of Justice, Ethics in Office is investigating the Lowry-Berenzweig bribery of Judge Legg.
Wherefore, defendant Pro-Se moves this State district court to remove this cause of action pursuant to 28 U.S.C. 1441 to the United States District Court for the District of Nevada, on total diversity of citizenship, under 28 U.S.C. 1331, to obtain proper venue under 28 U.S.C. 1404, or for these reasons as stated above, forum non conveniens to the United States District Court for the Eastern District of Virginia, Alexandria Division.
Defendant, Pro-Se
Cross-Plaintiff, Pro-Se
Kingstowne, Virginia 22315
(703) 975-7666 Cell
(703) 719-0272 Home
Certificate of service
I certify I have faxed to Daniel Marks, a true-teste copy of Defendant Pro-Ses Complaint and Motion to Remove the cause of action to the United States District Court for the District of Nevada on this 6th day of August.
Defendant Pro-Se
Kingstowne, Virginia 22315
(703) 975-7666 Cell
(703) 719-0272 Home
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