Order for the Copyright Lawsuit

Well it is three business days past the 120^th business day of the serving of the fraudulent lawsuit and we have an order from the court.  Now we can show the whole sequence of events leading up to today so that you can understand that you are a subject slave and that your Bill of Rights has been unlawfully removed and that there is no law for the American nationals for the united States of the Americas.

Note all the dates as dates are important.  

We were served with the lawsuit on October 10, 2018, which had been electronically served to the court on September 25, 2018.

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF

The court received The Common Law Writ for the Mandamus for the Response on October 18, 2018.

The Common Law Writ for the Mandamus for the Response

Next in chronological order we started receiving threats from Higbee & Associates.

On November 6, 2018.  We received a phone call, then an email stating the same as the phone call.

Dear Mr. Shivley:

Please be advised that we intend to file a motion to strike pursuant to Rule 12(f) by the end of the day, Thursday, November 8, 2018.  This is an attempt to meet and confer prior to doing so should you intend to withdraw your answer or amend accordingly.  Under Rule 12(f), a “court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.”  Fed. R. Civ. P. 12(f).  The purpose of a Rule 12(f) motion is to avoid the expenditure of time and resources that arise from litigation by dispensing of certain issues prior to trial.  SidneyVinstein v. AH Robins Co., 697 F.2d 880, 885 (9th Cir. 1983).  The defendant must provide fair notice of the affirmative defenses raised.  Whyshak v. City National Bank, 607 F.2d 824, 827 (9th Cir. 1979).  The basis for our motion to strike would be that sovereign citizen claims or defenses have been regarded meritless by courts across the country.  See United States v. Study, 783 F.2d 934, 937 n.3 (9th Cir. 1986); see Ray v. Williams, No. CV-04-863-HU, 205 WL 697041, at *6 (D. Or. Mar. 24, 2005); and see Mackey v. Bureau of Prisons, No. 1:15-CV-1934-LJO-BAM, 2016 WL 3254037, at *1–2 (E.D.Cal. June 14, 2016).  Should you have the factual basis to support any affirmative defenses to copyright infringement, we would be amenable to an amended answer.  Alternatively, we remain open to settling this matter, and as such, I am authorized to offer $12,500 per image.  Please let me know how you would like to proceed.

I also called and left a message for you.  I will follow-up with you again before filing.  I hope to hear from you soon.

Thank you,

Saba Basria
Associate Attorney
Copyright Division

Law Firm of Higbee & Associates  (http://www.higbeeassociates.com)
1504 Brookhollow Dr., Suite 112, Santa Ana, CA 92705
Direct: (714) 617-8350
Phone: (800) 716-1245

Fax: (714) 597-6559

On January 10, 2019 we received another phone call and the following email with the motion attached:

Hi Mr. Shivley.

I hope you are doing well.  I called just now in regards to this matter, but it seems we were disconnected.  I called back and left a message for you as well.  Please be advised that ignoring my calls and e-mails will not make this go away.  We both have a duty to respond to the court, and as such I am reaching out to you to see if you would be amenable to seeking a stay of the court’s discovery deadlines.  The court has yet to rule on our motion to strike, and I believe the time for you to answer has now elapsed.  A stay of the deadlines would give us additional time to settle or decide how to move forward with this lawsuit.  If you do not respond, I will be filing a motion myself and will indicate to the court that I reached out to you, but did not receive a response.  Also, please see the attached motion to strike we filed in response to your answer in case you did not already receive it.

Ideally I would like to resolve this matter as amicably and efficiently as possible.  This matter certainly does not need to drag on.  Please let me know your thoughts regarding a motion to stay the deadlines as well as a settlement.

Thank you,

Saba Basria
Associate Attorney
Copyright Division

Law Firm of Higbee & Associates  (http://www.higbeeassociates.com)
1504 Brookhollow Dr., Suite 112, Santa Ana, CA 92705
Direct: (714) 617-8350
Phone: (800) 716-1245

Fax: (714) 597-6559

20181108 CC [10] Motion to strike answer to complaint and declaration 503119

Note: The person contacting me is not Mathew Higbee nor Christopher Sadowski but is an associate thereof.  So far, there is a violation of the Mandamus prior to being ruled upon by the court, as Matthew Higbee and Christopher Sadowski are ordered by the Mandamus to never contact me accept through the common law court.

Mathew Higbee served his motion to the star chamber court on November 8, 2018.  I received a copy of this motion on January 17, 2019.  That is seventy days for Mr. Higbee and his fraudulent bar brother, Michael McShane, to conspire to try to find a way to quash the Mandamus, knowing full well that the Mandamus is under a superior jurisdiction and to do anything but obey it is an act of treason.

This fraudulent order that I received today from this fraudulent private corporate court is dated January 22, 2019, but the fact is I received a copy of Higbee’s motion only five days before it was signed.  So logic dictates that bar member Higbee and bar member McShane had already gotten together in private and decided to ignore the lawful Mandamus, as the serving of the papers, not being through a common law court, violated the Mandamus before there was any ruling.  I guess they kind of keep those things to themselves.  I guess that is what they call procedure these days.

As for the cites from The Federal Rules of Civil Procedure, they are rendered irrelevant by the Mandamus.  The Federal Rules of Civil Procedure were fraudulently declared law on Sept. 16, 1938, noting that by the Act of 1871, as stated in the Mandamus, a corporation was formed that replaced the Republic in direct violation of the 9^th Article of the Bill of Rights, as no authority could exist.

The people then had their rights removed and their status as free individual nationals changed to subjects via the fraudulent 14^th Amendment, unlawfully inserted into the Constitution for the united States of the Americas in 1869, that again the 9^th Article to the Bill of Rights forbade.

The United States Corporation in 1933 declared all the real property for the united States of the Americas, including the American nationals that own it, to be property of the corporation, and this is exactly what you see today: Asset forfeiture, an army of corporate mercenaries led by union bosses under contract to enforce the violations of the people’s Bill of Rights by the United States Corporation.

Either we are subjects or we are free men and women with rights.  They have been making it abundantly clear for quite a while now that their intent is to rule us as subjects, just like King George tried to rule our true founding fathers as subjects, as alodial property, owned by a sovereign other than ourselves.

We cannot be subjects and have unalienable rights, the two are polar opposites.

The Mandamus is no sovereign citizen argument.  Every word of it is fact in law, and they know it.  That is why they waited until the very last day they could to try a little more treason.

The order was written by Mathew Higbee and signed by his bar brother Michael McShane.  They have both declared the Bill of Rights and the people’s absolute authority inapplicable to them.  They have committed high treason and sedition against the individual American nationals for the united States of the Americas.

When I first began doing this, I told you people we are not going to paper our way out of this.  Our enemies have already committed treason generationally and they are the progeny of the aristocrats of 1789 through 1791 who fought tooth and nail to keep the American nationals from having a Bill of Rights.  They made it clear then, as they make it clear now that they are the ruling elite and we are their subjects.  In the 14^th Amendment, they declare it in writing.

I am not a subject and I will not answer to this star chamber court and they can continue to commit open treason on paper with my blessing.  I have boxes of it and their sham, their scam, their tyrannical rule is coming to an end. May just a few of those I have with their written signatures for sedition live to be prosecuted using the documentation I forced them to sign.

They still have a few more acts of treason they have to commit because a mason cannot go against a mason, and we will document them as we go along.

The Mandamus is correct.

There is no left, there is no right, no democrat, no republican, no conservative, no liberal, no progressive, no fascist, there is just the law or there is not.  If you cannot see that there is not, it is because you do not want to.

The administrative admiralty has no authority over the individual freeman sovereign national for the united States of the Americas, Henry Shivley.  I stand on my rights and will not budge.

The Bill of Right is the Republic, death to the international corporate mafia, we the free nationals will prevail.