[Updates of] Cobble v. Value City Furniture (VCF)
Federal Case 03:06-cv-631-M
My originally very simple issue against VCF is whether they delivered used furniture as new furniture on April 20, '06. But with VCF's attorney, Michael P. Reilly, Magistrate E. Robert Goebel, and Trial Judge Joseph H. McKinley, Jr.'s determination to deny me access to the law, the case has become extraordinarily complex. This includes discovery of VCF's (and American Signature Furniture's) interstate product liability fraud.
These court officials are trying to cover-up the liability fraud, but a quo warranto has been served upon Judge McKinley, for his removal from this case. On July 7, '08, he attempted to dismiss this case out-of-hand, but I promptly responded with a Petition-to-intervene to Chief Judge John G. Heyburn, II.
This is another case that's an unnecessary load on taxpayer dollars, and exemplifies the breakdown in our corporate government.
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Sept. 9, 2008, Monday
Sept. 4, 2008, Thursday
I filed a 14-day Notice of Opportunity to Rescind [Improper] Order, in response to Chief Judge, John G. Heyburn, II's Sept. 4, '08 dismissal of my July 18, '08 Petition to Intervene. The Notice informed Judge Heyburn that I would have no choice but to serve a quo warranto upon him if he does not rescind his 9/4/08 order.
Recall that my 7/18/08 Petition demands that Trial Judge Joseph H. McKinley, Jr.'s unlawful July 7, '08 order be overruled and that Judge Heyburn takeover the case. McKinley's order illegally require that I provide personal information that's not relevant to the case. That's a violation of my 4th Amendment right to privacy. And, he is requiring that I provide legal admissions of confidential settlement talks. That's a violation of the longtime doctrine requiring that settlement discussions are not allowed in the trial court. -- MOREOVER, none of these issues have been disputed by these officers-of-the-court, the defendant or its attorney.
Judge Heyburn's 9/4/08 order is improper and complicit with the crimes already committed by Judge McKinley and Defendant Value City Furniture. I also informed him that he is ignoring the legal admissions of the June 12, 08 quo warranto served upon Judge McKinley. These include fraud, obstruction-of-justice, complicity, and cover-up of interstate product liability fraud.
July 30, 2008, Wednesday
I filed a Reply to Reilly's July 24, '08 Response to my July 18, '08 Petition for the Chief Judge to intervene in this case. Recall that intervention is needed to block Trial Judge McKinley's wrongful dismissal of this case.
I posted my Reply to further show that Reilly does not address any of the issues at-hand.
July 30, 2008, Wednesday, #2
I filed by Notice copy of my July 28, 08 letter to U.S. Attorney David L. Huber, reminding him that I still have not heard from him regarding my Mar. 31, '08 Petition and April 25, '08 Supplementary Petition for Grand Jury Investigation of VCF's interstate product liability scam.
The evidence presented to Attorney Huber is undisputed by VCF and Reilly. Therefore, the U.S. Attorney is required to prosecute.
July 30, 2008, Wednesday, #1
I filed a Notice-of-letter in court of my July 28, '08 letter to U.S. Sen. Patrick Leahy, regarding the June 13, '08 quo warranto that I served upon Judge McKinley. Sen. Leahy is Chairman of the Senate Judiciary Committee. My letter reminds the Senator that the U.S. Senate is required to remove and prosecute Judge McKinley, since he has acquiesced in "legal admission" of the allegations within the quo warranto.
July 25, 2008, Friday
July 18, 2008, Friday
In response to Judge McKinley's July 7, '08 defunct order to dismiss this case, I filed a Petition-to-intervene, directed to Chief Judge Heyburn to stop this nonsense. Judge McKinley knows that he cannot dismiss a case until all of the pending issues are resolved that may be relevant to his order, as there are many such issues. (This is my second Petition to the Chief Judge.)
Most specific, here, is my May 14, '08 Petition to Chief Judge Heyburn that demands an evidentiary hearing and the removal of Reilly, Magistrate Goebel, and Judge McKinley. That Petition is now three months old. For I believe we have a real problem here of Judge Heyburn resisting to follow the law.
To further emphasize my point, Attorney Reilly's July 24, '08 Response to my 7/18/08 Petition is also posted so that you can see that he does not address my specified issues. And that is how it has been throughout this case. He either lies or colors an issue as a diversion, and then Magistrate Goebel and Judge McKinley latches onto his false arguments. The court is protecting VCF, no matter what the evidence and allegations may be. The courts have an illegal policy that pro'ses (non-lawyers) are not allowed to prevail in law. That policy, of course, is unacceptable.
July 9, 2008, Monday
June 13, 2008, Friday
I received Judge McKinley's June 7, '08 order attempting to dismiss this case. He latched onto Reilly's June 13, '08 Motion to dismiss, because I had not complied with his unlawful June 2, '08 order forcing me to give Reilly personal information that's not relevant to the case. Even though Reilly would not specify relevancy to that personal information, Magistrate Goebel and Judge McKinley still required me to provide it. -- They have not disputed that this violates my 4th Amendment right to privacy, as well as the Fed. Rules of Civil Procedures (Rule 26).
Next, McKinley wrongfully required me to admit to settlement discussions that occurred prior to the lawsuit. This strictly violates the long-held doctrine that settlement discussions cannot be brought into court, to avoid bias from judges and members of juries.
I have iterated both of the above issues to the judges, but upon their deaf ears. Whereby, on May 14, '08, I was forced to file a Petition for evidentiary hearing to Chief Judge Heyburn, since I was denied such hearing by McKinley. An evidentiary hearing is necessary to halt the circular arguments from Reilly, and force the Court to accept the glaring evidence.
Still, I believe that Judge McKinley's untimely 6/7/08 dismissal order was in response to my June 7, '08 letter pressing Judge Heyburn for the evidentiary hearing.
July 7, 2008, Monday
I sent a letter to Chief Judge Heyburn, reminding him of my pending Petition for evidentiary hearing. I told him again that I have proven that this case cannot go forward without the hearing, due to the persistent shenanigans of Attorney Reilly, Magistrate Goebel, and Judge McKinley.
June 13, 2008, Friday
Regarding my lawsuit against Value City Furniture (VCF), I was forced to file a quo warranto against the trial judge, Joseph H. McKinley, Jr, for his removal from office by Congress. The quo warranto was necessary, because Judge McKinley insists upon denying my rights. (A copy was filed by Notice in court.)
He is forcing me to reveal personal information that's not relevant to the case. And he wants me to acknowledge, for trial, the prior talks about settlement of the case. Of course, Judge McKinley is well aware of both of these legal doctrines, but he is violating them, anyway.
I believe that McKinley's insistence is due to his primary intent to cover-up the interstate product liability fraud that's being perpetrated by VCF.
May 28, 2008, Wednesday
May 21, 2008, Wednesday
May 19, 2008, Monday
In my Jan. 26, '08 federal lawsuit regarding injuries from my May 26, '06 courthouse tarring, Louisville's Assist. U.S. Attorney Brady Miller filed a very suspicious May 19, '08 Motion for extension for responding to the lawsuit. He did not even file an "Appearance of Counsel" prior to that motion. He just came-out from nowhere, 110 days after I filed the lawsuit.
My May 21, '08 Response attempted to convince Judge Amul R. Thapar that the Extension was improper, since it was ten days past my May 9, '08 Notice-of-Default. But the court granted it, anyway. If Brady is running a scam (of which I think he is), then Judge Thapar must bear the responsibility for granting the motion.
I explained that the motion is a desperate attempt to prevent payment of the claim. My response explained to Judge Thapar that Chief U.S. Attorney David L. Huber (of Louisville) has motives for obstructing proper adjudication of the case. These include that 1) Huber initiated the fabricated indictment in the courthouse tarring matter. And 2), currently he is covering-up the interstate product liability fraud that's being perpetrated by Value City Furniture.
May 15, 2008, Friday, #1
Regarding my lawsuit against Value City Furniture (VCF), I sent a letter-of-notice to Chris P. O'Bryan, a partner of the law firm of the attorney (Michael P. Reilly) for VCF, O'Bryan, Brown & Toner, PLLC. The purpose of the letter was to place the law firm on formal "Notice" of its acceptance of Mr. Reilly's unlawful behavior, and thus the firm may be held liable for his actions.
I had also hoped that the O'Bryan et. al would withdraw from the case after receiving the notice. But as of yet, they have'nt.
May 14, 2008, Thursday, #2
Regarding my lawsuit against Value City Furniture (VCF), I filed a petition for evidentiary hearing with the Chief Judge, John G. Heyburn, II. This was necessary, because the trial court, U.S. District Judge Joseph H. McKinley, Jr., does not dispute the evidence of my Mar. 31, '08 Petition for Grand Jury Investigation (and April 25, '08 Supplemental Petition). Yet, despite the criminal evidence against VCF's attorney, Michael P. Reilly, and Magistrate Judge E. Robert Goebel, Judge McKinley refuses to remove them from the case.
The case has become unworkable, because Judge McKinley and Magistrate Goebel continues to accept the circular arguments of Mr. Reilly's pleadings that don't make legal sense. In the bigger picture, these officials are covering-up the interstate product liability fraud that's being perpetrated by VCF. Customers continue to be scammed by that fraud.
Thereby, since Judge McKinley denied me an evidentiary hearing (by order on April 25, '08), I must seek a hearing from the chief judge. (Historically, the courts don't like to allow hearings for pro'ses, because that's when the truth and evidence become confirmed by the court record.) If Chief Judge Heyburn denies the hearing, then we have a situation of pervasive cover-up by the courts. My Petition informed him that I cannot anymore action in this case until a resolution is issued by evidentiary hearing.
May 1, 2008, Thursday, #2
Regarding my lawsuit against Value City Furniture (VCF), I filed a motion to compel VCF to provide the contact information of the manufacturer of the furniture that I purchased. VCF's attorney, Michael P. Reilly, has promised to provide the info, but he has not.
His refusal has raised further suspicions about VCF and American Signature's activities.
May 10, 2008, Saturday
April 29, 2008, Tuesday, #1
Regarding my lawsuit against Value City Furniture (VCF), in lieu of my March 31 Petition
and April 25, '08 Supplemental Petition for Grand Jury investigation into VCF's interstate product liability fraud, I filed a April 29, '08 petition for further claims for damages. This is due to my being scammed by VCF in these areas of the warranty and transaction of the sale.
VCF's attorney, Michael P. Reilly, then filed his May 9, '08 Response to my 4/29/08 petition. I only posted one page of his eight-page response, because that pleading is more of same of his other pleadings. He evades and colors the issues to seek the court's favor. However, I have identified enough of his shenanigans on the record that the court would criminally implicate itself if it continues to protect Reilly and VCF.
April 25, 2008, Friday
In my lawsuit against Value City Furniture (VCF), I filed a Supplemental Petition for Grand Jury Investigation of VCF and American Signature, Inc.'s interstate product liability fraud. The original supplement was also submitted to U.S. Attorney, David L. Huber (Louisville), the same as my parent March 31, '08 petition. The matters in that supplement concern clarifications for the 3/3108 petition, that came from the April 3, '08 deposition of a VCF general store manager. (A copy of the supplement was sent to U.S. Attorneys General, Michael Mukasey, in Washington, D.C.)
From that deposition, I was able to identify three distinct aspects three distinct aspects of VCF's product liability fraud upon its customers. It also confirmed my prior allegations to the court, that VCF's attorney, Michael P. Reilly, and general store manager at its Preston Hwy store have been committing perjury and obstructions-of-justice.
While VCF customers continue to be "screwed," U.S. Attorney Huber is "dragging his feet" on taking the action that he knows he must, by law. That is why I petitioned for a grand jury inquiry, to make a "rejection" more difficult for Mr. Huber, since the evidence validates my allegations.
April 22, 2008, Thursday #1, and
April 17, '08, Tuesday
In my lawsuit against Value City Furniture (VCF), VCF's attorney, Michael P. Reilly, unlawfully issued a subpoena with notice to depose my expert witness. He has no such authority to do so.
In addition, my April 22, '08, motion-to-stay (stop) the deposition is also based on the Mar. 31, '08 Petition for Grand Jury investigation into VCF's interstate product liability fraud. Hence, Mr. Reilly has not disputed my allegations against him, and thus, he must be removed this case, for he has no legal standing to depose my expert witness.
I posted his unlawful subpoena for your examination. He is not authorized to issue subpoenas, and the matter is indicative of the persistent malfeasance that I have tolerated from him and the court.
April 21, 2008, Monday, #1
In my lawsuit against Value City Furniture (VCF), the Juris-dictionary Club assisted me in holding the press conference on VCF's and American Signature Furniture's interstate product liability fraud. Though Louisville's media did not show-up, it was still necessary to make official the press release for the public, as publicity spreads.
Still, the impact was felt by the federal courthouse, where it was held at 7th & Broadway, Louisville. The scene brought-out the U.S. Marshals and Homeland Security. And, I passed-out many copies of the press release to on-watchers. A member of the Juris-dictionary Club video-taped my reading of the press release, while my wife and other club-members stood with me. It felt good to have their support. So, even without the media, it was fairly dramatic and looked very official.
My only regret is that we did not get photos to share with you. However, you can let me know if you want a copy of the video-taped press release.
April 19, 2008, Saturday, #1, and
April 29, '08, #1, Tuesday
In my lawsuit against Value City Furniture (VCF), its attorney, Michael P. Reilly, motioned to quash my April 16, '08 "Notice of deposition" of an executive of American Signature, Inc. That motion also wanted a "protective order" to prevent me from deposing an executive unless I could justify relativity. (Am. Signature is the parent company of VCF.)
I filed my April 29, '08 Response to his motion in citing that since Jerome M. Schottenstein, the designated executive, is deceased, that particular notice should be quashed. However, I specified that the Court should not issue a protective order, for per the Fed. Rules of Civil Procedure (FRCP), since I have a legal right to depose the "relevant" members of VCF's and Am. Signature's executive board.
I also stated that Counsel Reilly is seeking for the court to be complicit with the crimes already committed by himself, VCF, and Am. Signature, the interstate product liability fraud being perpetrated upon the public. For this reason, alone, I stated, Counsel Reilly must be removed from this case, for the court cannot compel me to participate with someone who is violating the law.
Counsel Reilly has not disputed any of the enumerated evidence and allegations of my filed Petition for Grand Jury investigation (w/ Affidavit) into the product liability fraud. Therefore, the court has no "legal choice" but to remove Counsel Reilly.
April 17, 2008, Thursday, and
April 9, '08, Wednesday
In my lawsuit against Value City Furniture (VCF), I received an improper Response from VCF Attorney, Michael P. Reilly, where he argues against removal of Magistrate Judge E. Robert Goebel by falsely calling my April 9, '08 motion a Motion for Recusal.
But to the contrary, it is not a motion for recusal, but instead, that 4/9/08 pleading is a motion to the trial court for the outright removal of Magistrate Goebel. The motion is " legally solid," because Magistrate Goebel is criminally implicated in my March 31, '08 Petition for Grand Jury investigation of VCF interstate product liability fraud. Therefore, his remaining on the case sets-up an inherent conflict-of-interest.
I have tried to get Magistrate Goebel to recues himself on Nov. 9, '08, but he refused to step down. However, this time, the trial court has no "legal choice" but to remove him.
April 16, 2008, Wednesday #2
In my lawsuit against Value City Furniture (VCF), I submitted a Notice of Deposition to VCF's attorney, Michael P. Reilly, for deposition of VCF's corporate board member, Jerome M. Schottenstein.
The deposition would come on the heels of my April 3, '08 deposition of VCF General Mgr., Jeffrey S. Stencel. Mr. Stencel confirmed that VCF and its parent company, American Signature, Inc., are indeed conducting interstate product liability fraud, and they have been doing so for many years. Deposing a board member would "cut right through the chase" to the organizational structure of this fraud (contracts, supplier arrangements, import operations).
I expect Mr. Reilly to refuse to supply a board member for deposition, but due to my March 31, '08 Petition for Grand Jury Investigation, he will have no choice. In fact, Mr. Reilly, himself, will have to be removed from this case, because he is criminally implicated in that petition and has not disputed my enumerated allegations.
April 9, 2008, Wednesday #3
In my lawsuit against Value City Furniture (VCF), I filed a response to VCF's motion (by Counsel Michael P. Reilly) to strike from the court record copy of my March 31, '08 Petition for Grand Jury investigation. His motion to strike is remarkable, in that, even now, he still does not dispute any of the evidence or allegations cited in the Petition.
Therefore, my response to his motion is only a single page, identifying the simple issues of relevancy and Mr. Reilly not disputing the Petition. The court would be obstructing justice if it attempts to strike the Petition from the court record.
April 9, 2008, Wednesday #2
In my lawsuit against Value City Furniture (VCF), I filed a motion for sanctions against VCF and its attorney, Michael P. Reilly. This is because Mr. Reilly's recent motion-to-strike from the court record my Petition for Grand Jury investigation did not dispute any of the allegations in that Petition. He is in "legal admission" of my allegations, as well as VCF.
For that reason, i.e. since Mr. Reilly admits to violating the law and thus lacks credibility to continue in this case in good faith, he should be removed from the case. The court has an obligation to do so, to protect my rights.
EQUALLY SO, should VCF commit another violation of law, then the court should issue a summary judgment in my favor (and my wife's) for payment of the pending claims.
April 9, 2008, Wednesday #1
In my lawsuit against Value City Furniture (VCF), I filed a motion for the trial court to remove the Magistrate Judge from presiding over discovery. This motion was necessary, because the Magistrate, E. Robert Goebel, now presents effectively a conflict-of-interest, because he is criminally implicated for complicity and obstruction-of-justice in my Mar. 31, '08 petition for Grand Jury investigation.
April 4, 2008, Friday #3
In my lawsuit against Value City Furniture (VCF), I finally filed an OBJECTION to Magistrate Judge E. Robert Goebel's March 21, '08 order compelling me to turnover irrelevant information to VCF, by its counsel, Michael P. Reilly. Some of the information is personal and private. (See the March 21 #2 update, below.)
April 4, 2008, Friday #2
In my lawsuit against Value City Furniture (VCF), VCF's attorney, Michael P. Reilly, filed a motion-to-strike from the court record my Mar. 31, '08 Notice w/ copy of my Petition for Grand Jury investigation. Amongst other charges, the Petition charges VCF and its parent company, American Signature, Inc., with product liability fraud.
(The original Petition was filed with David L. Huber, United States Attorney, the principle governmental official for a criminal investigation by Grand Jury.)
The remarkable thing about Mr. Reilly's motion is that he does not dispute any of my allegations or evidentiary ATTACHMENTS. Therefore, Magistrates and Judges of the court would be complicit with VCF's crimes, therein, if they attempt to remove the quite relevant Petition from the record.
April 4, 2008, Friday #1
In my lawsuit against Value City Furniture (VCF), I received VCF's copy of the April 3 motion-for-extension for time for filing its expert witness report that I also received. It was VCF's attorney, Michael P. Reilly, third such motion-for-extension. On this same day, when not yet receiving his belated report, I filed a Notice-of-Default for not receiving it.
On March 10, '08, Mr. Reilly motioned for VCF's second extension, to continue searching for an independent expert. I responded by informing the Court that another extension would violate my right to due process, since VCF already has furniture experts of its own. American Signature, Inc., the parent company of VCF, manufactures VCF's furniture, along with 130 VCF retail furniture stores. In other words, the company already has literally hundreds of furniture experts, and thus a third extension is not warranted by the court. See my March 11 update in this regard.
His second extension missed the March 28 deadline. In fact, I was required to be present at his expert witness's inspection of the furniture-in-question, that was actually conducted on that deadline (March 28).
April 3, 2008, Thursday
I took my first witness deposition in my Value City Furniture (VCF) lawsuit. Juris-dictionary Club founder, Don FitzGerald, came as the swear-in officer and witness, but he was not so needed, since VCF's attorney, Michael P. Reilly, brought his own stenographer (transcript recorder). For my first time, it went pretty smooth, and the process was quite interesting and lent heavily to the case.
I recorded the deposition for myself by video. So, I will ask Don if we can play parts of it at our next club meeting (on April 15). For location, we utilized a conference room at the federal courthouse in Louisville.
The deponent was the General Manager of the VCF store on Dixie Hwy in Louisville. It took approx. 3 hours. The deponent was very helpful in helping to validate many factual situations that I had already assessed. It verified many of my allegations of wrongdoing against Mr. Reilly that I had complained to the court but was ignored. It verified that VCF and its parent company, American Signature, Inc., were indeed committing product liability fraud upon its unsuspecting customers, and for many years, now.
March 31, 2008, Monday
In my Value City Furniture case (VCF), I filed a Petition for Grand Jury investigation with David L. Huber, United States Attorney. The reason: VCF and its parent company, American Signature, Inc., are conducting product liability fraud with its warranties, and mis-representing its furniture in that regard.
This explains why VCF's attorney, Michael P. Reilly, refused to handover the warranty for the furniture-in-question that I purchased. He was later forced to release it by court order. That warranty confirmed what I suspected all along, that VCF is printing its alias Limited One-year Warranty on the reverse-side of customers' cash receipts, while failing to inform them about American Signature's Lifetime, Multi-year Warranty. Customers, such as myself, walk away thinking that they only have a one-year warranty. -- And there are other basic aspects of this fraud that may confuse you, that I try to explain. - Of course, the warranties are also posted the warranties are also posted for your study.
You can study my entire petition w/ Affidavit submitted to Mr. Huber, to gather the other criminal issues involved. As I have alluded many times in these updates, VCF, Mr. Reilly and Magistrate Judge E. Robert Goebel have continuously obstructed justice, committed perjury, complicity and fraud, to evade the facts in this case. The time has passed for me respond to their level of misconduct. - As a result, there is no way that Reilly and Goebel can legally remain on this case.
Whether or not Mr. Huber allows the Grand Jury investigation, this heavy matter remains on the record as another indictment upon our governmental officials. Obviously, many thousands of VCF customers have been cheated over the years. This level of malfeasance cannot be tolerated by the community. (Verify postal receipts, here.)
March 28, 2008, Friday #2
Under court order, the attorney for Value City Furniture, Michael P. Reilly, finally handed over to me the warranty for the furniture-in-question, that I purchased. For months, he had been refusing to give-up the document, of which I needed to conclude that VCF is committing product liability fraud (also, see the above March 31, '08 update).
March 28, 2008, Friday #1
I attended the furniture inspection of the furniture-in-question by VCF's belated expert witness. Under the Aug. 31, '07 standing court order, both VCF's attorney (Michael P. Reilly) and I must be present for any access to the stored furniture, for examination, etc. Currently, it is kept by a third-party storage vendor (also pursuant to the 8/31/07 order).
This March 28 was the deadline of Mr. Reilly's second extension-for-time for him to file his expert witness report in court (and service a copy to me). This means that his expert witness will need to complete the report today so that Mr. Reilly may be on-time. His report was originally due on Jan. 28, '08.
March 22, 2008, Saturday
I received E. Robert Goebel's order granting Value City Furniture's (by Attorney Michael P. Reilly) Feb. 7, '08 motion-to-compel that I answer Request-for-Admissions #12 and #13. These requests refer to initial settlement discussions that VCF and I engaged in when I first complained about the furniture-in-question. The discussions were terminated when VCF refused to consider punitive damages for theft-by-deception and fraud.
Magistrate Goebel's order is improper (also unlawful), because it violates the long established legal doctrine that settlement discussions are not considered at trial, and thus are not relevant to the case; the trial may be prejudiced if the jury knows about any settlement discussions.
Of course this doctrine is well understood by Magistrate Goebel and Reilly, as my rights are once again being violated. I will have to respond, accordingly. (Refer to the March 20, '08 #2 update, below, to click on other updates in this case.)
March 21, 2008, Friday #2
E. Robert Goebel granted the attorney of Value City Furniture (Mr. Reilly) his motion to require me to answer certain interrogatories and requests, and produce certain documents of which I have objected to. My objections are based on Mr. Reilly's requests being irrelevant to my charges of theft-by-deception, fraud and breach-of-contract for trial.
Yet, in fact, I have been in error thus far by not requiring Mr. Reilly to state his defense for trial. His defense must be identified prior to his stating any issues of relevancy. For example, is his defense that VCF did not commit these offenses? Or, is his defense that Cobble, as the Plaintiff, lacks credibility.
At this moment of clarity, I must now bring this matter before the court, for Mr. Reilly must state his defense that he intends to conduct at a trial. We can then address the issues of relevancy to his defense.
(Refer to the March 20, '08 #2 update, below, to click on other updates in this case.)
March 21, 2008, Friday #1
I received another disappointing order from Magistrate Goebel. Here, he granted Value City Furniture's attorney (Michael P. Reilly) Mar. 10, '08 motion to extend the time for providing / registering an expert witness (w/ a filed report). VCF's original deadline was Jan. 28, '08.
The magistrate's March 20 order does not dispute that Reilly lied again in his pleadings to get the extension. The extension was extended to Mar. 28, '08.
March 20, 2008, Thursday #1
Magistrate E. Robert Goebel denied my Jan. 29, '08 motion to compel Value City Furniture (VCF) to handover documents that the attorney for VCF, Michael P. Reilly, says he has already given me. My Feb. 19, '08 supplemental motion also requested a hearing for the court to witness the handover of documents was also denied. (See my 1/2/08 and 2/19/08 updates, below.) I marked-up and posted 3 pages of his March 18, '08 order denying my motions, to identify his continuing obstructions-of-justice.
Obviously, the only way to settle this dispute is for the Magistrate to witness the hand-over of the documents in open court (by hearing). But, remarkably, despite that I have persistently caught Counsel Reilly lying in his pleadings, Magistrate Goebel still uses the term "I believe that Defendant VCF has complied," and has denied such a hearing. "I believe" is purely a subjective assessment and has no basis in the technical issue presented, that I have not received VCF's documents.
See my lawsuit against VCF. Also, see my March 11 and Feb. 27, '08 updates.
March 11, 2008, Tuesday
I filed a Motion for Settlement Hearing, in an attempt to open a discussion for settlement, since Defendant, Value City Furniture (VCF), missed its deadline for having its own expert witnesses for trial.
(On March 10, '08, the company filed for its second extension, to continue searching for an independent expert. I responded by informing the Court that another extension would violate my right to due process, since VCF already has furniture experts of its own. -- As for me, I have an expert witness for trial; the required report from my expert witness on furniture has been filed in court.)
With all due respect to the defendant, this is a ridiculous and laughable situation, because VCF has 130 retail stores and manufactures its own furniture (by parent company, American Signature Furniture, Inc.). The Company has literally hundreds of expert witnesses on furniture.
Most effectively, the company's option to not have expert witnesses is an admission guilt, of which any jury would recognize. Now, it remains to be seen how the Court will be biased for VCF, in lieu of the company's vulnerable position.
March 6, 2008, Thursday #1
Regarding my Value City Furniture (VCF) case, U.S. Magistrate E. Robert Goebel denied VCF's Feb. 25, '08 Motion for protective order that would have prevented me from taking the deposition of the General Manager at the Dixie Hwy Store (Louisville). Mag. Goebel also re-affirmed validity of the 17 signatories / witnesses in my Sept. 4, '07 affidavit (DN 43). Recall that these witnesses stated that they were scammed by VCF, too.
Counsel for VCF has fought hard to keep this case constrained to the Preston Hwy store, where they delivered to our home used furniture as new. However, Mag. Goebel agrees that the case is "plenary," meaning that my injuries of fraud, theft-by-deception, and breach-of-contract are applicable company-wide (230 stores).
This is the first time I prevailed in a major way during the discovery process. I believe that Mag. Goebel is getting tired of the persistent obstructions and colorations-of-law from VCF, of which I keep identifying before the Court.
Recall from my Feb. 19, '08 update, below, the other major discovery battle that's playing out. I filed a Motion for a hearing to require / compel Counsel for VCF to turnover documents that he says he's given me. At the hearing, Mag. Goebel would inspect and witness the hand-over of the disputed documents.
February 27, 2008, Wednesday #1
I received another false order from the magistrate court in my Value City Furniture case (03:06-cv-631-M). U.S. Magistrate E. Robert Goebel continues to protect VCF from giving over evidence that would incriminate VCF, by falsifying his Feb. 26, '08 order.
February 26, 2008, Tuesday
I finally filed my lawsuit (Complaint) against the feds regarding the May 26, '06 courthouse tarring. I received the California Secretary of State Apostille w/ Certificate of Protest (certifying the administrative judgment in my favor) in late January.
However, on Feb. 28, I filed an amended Complaint, because I erred in identifying the court. - For those of you who know that history, you are aware of the fabricated indictment of which I was jailed for 270 days. The trial court (on March 7, '07) held trial after allowing me to vacate the courtroom; and on two occasions my personal and legal records were taken from me and destroyed.
February 19, 2008, Tuesday #2
In my case against Value City Furniture (VCF), I filed a supplemental motion for a hearing for the Court to witness VCF's attorney turning-over documents that I requested. The attorney, Michael P. Reilly, of O'Bryan, Brown, Toner, PLLC, is falsely telling the Court that he has given me the documents. Since, I have no way of proving to the Court that I do not have the documents, the only solution is to have the Court to witness release of the papers.
This situation may mark a turning-point in the case. For, if the Court denies my motion, of which can only be to protect VCF and Counsel Reilly, then the obstruction-of-justice will be conclusive.
January 29, 2008, Tuesday (Cobble v. Value City Furniture)
I filed a motion to compel Value City Furniture to produce documents that I requested on Dec. 19. It's attorney, Michael P. Reilly, provided only part of my requests. Recall (below) that on Jan. 10, I sent a notarized letter to Magistrate E. Robert Goebel and U.S. District Judge Joseph McKinley, threatening to withdraw from this case (to file an administrative tort claim), because Counsel Reilly continues to obstruct and stall current discovery proceedings, and of course, with the Court's blessings.
I also filed a notice to remind Magistrate Goebel that the parties are still waiting for the Court's decision on Counsel Reilly's motion for extending time for his compliance with the Court's Dec. 6 Order. That Order required VCF to supply me with the purchase records of VCF-customers who told me that they, too, had been scammed by VCF. (This evidence was introduced to the case w/ my Sept. 4, '07 affidavit. That affidavit was not disputed by Counsel Reilly and thus must hold as true before the Court.)
VCF and the Court are giving me no other choice but to with withdraw from this case and file the necessary tort claims under the UCC (Uniform Commercial Code).
January 10, 2008,Thursday
In my lawsuit against Value City Furniture (VCF, Case #03:06cv-631-M), I sent by verifiable mail a letter-of-notice to the U.S. Magistrate and District Court Judge effectively 30 days to resolve the issue of me being harassed by the VCF's attorney, Michael P. Reilly. The situation has arisen to unbearable conditions, to the point where litigation has become almost impossible.
My family's plight-of-pain is due to the Court refusing to grant my motion for sanctions that would stop the shenanigans of Mr. Reilly. My letter informs the Court that if it does not resolve the problem within 30 days, I will withdraw from the case and promptly file the necessary administrative tort claims (a more "efficient" legal process). The Court and Mr. Reilly are committing denial of due process, harassment and obstruction of justice. Mr. Reilly and VCF have even committed perjury.