734 Rutland Avenue
Teaneck, NJ 07666
814-880-9308
August 28, 2009




Judge John G. Koeltl
U. S. District Court S.D.N.Y.
U. S. Courthouse
500 Pearl Street
New York, NY 10007

Re: District Court Case #08 CIV. 2457 (JGK)

Dear Judge Koeltl:

Enclosed are a notarized affidavit, NOTICE OF MOTIONS, and a MEMORANDUM OF LAW IN SUPPORT OF CONTEMPT PROCEEDINGS AGAINST COUNSELS FOR DEFENSE MICHAEL A. CARDOZO AND MAX MCCANN.  An Affidavit and Certificate of Service are included in the memorandum.

The current pace of this trial is unacceptable. Remedies are suggested in the enclosed memorandum. If the submitted motions are not ordered and executed by September 15, 2009, I will consider Max McCann, Michael Cardozo, and you to be in collusion for the purpose of obstructing justice. Appropriate remedies will be pursued.

A courtesy copy of this material is being sent to the Pro Se Clerk. Please instruct that office to retain this material and include it in the case record. If this conflicts with a Court rule, ignore the rule.

Plaintiff will be unavailable for court or submission dates between September 21, 2009, and October 12, 2009, for the following reasons:

1. September 12-26, 2009: Plaintiff in Las Vegas, NV
2. September 27-28, 2009: Jewish Day of Atonement
3. October 1-12: Plaintiff in Jerusalem, Israel

Sincerely yours,

Julian Heicklen
Plaintiff
Counsel Pro Se

Encl: Notarized affidavit
NOTICE OF MOTIONS
MEMORANDUM OF LAW IN SUPPORT OF CONTEMPT PROCEEDINGS AGAINST COUNSELS FOR DEFENSE MICHAEL A. CARDOZO AND MAX MCCANN

CC: Pro Se Clerk, Max McCann, Michael Cardozo

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

Julian Heicklen
Plaintiff
  District Court Case #
  08 CV 02457 (JGK)
against
 NOTICE OF MOTION
Jason Toala
John Does 1 2, and 3
Raymond Kelly
Defendants

PLEASE TAKE NOTICE that upon the annexed affirmation of Julian Heicklen, affirmed on August 28, 2009, and upon the exhibits attached thereto, the accompanying Memorandum of Law in support of this motion, and the pleadings herein, Plaintiff will move this Court, before John G. Koeltl, United States Judge, for an order pursuant to Rule 7(b) of the Federal Rules of Civil Procedure granting discovery [Rule 26(a)(1)] and summary judgment [Rule 56(a)]
I declare under penalty of perjury that the foregoing is true and correct.
Dated: _____________     
Teaneck, New Jersey 
August 28, 2009  

Signature____________________
Address__734 Rutland Avenue___
Teaneck, NJ 07666_____
Telephone Number__814-880-0938_
FAX Number___201-530-1241____

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

Julian Heicklen
Plaintiff
District Court Case #
 08 CV 02457 (JGK)
against 


Jason Toala
John Does 1 2, and 3
Raymond Kelly
Defendants

AFFIRMATION IN
 SUPPORT OF MOTION

I, Julian Heicklen, affirm under penalty of perjury that:

1. I, Julian Heicklen, am the plaintiff in the above entitled action, and respectfully move this Court to issue the following ORDERS

a. Plaintiff moves that Judge Koeltl find Attorney McCann in contempt of court, have him arrested, and incarcerated until discovery requested in Plaintiff's Interrogatories is delivered.

b. Plaintiff moves that Judge Koeltl, in addition, find Attorney Cardozo in contempt and to provide discovery material requested by Plaintiff before September, 15, 2009.

c. Plaintiff moves that, if discovery material is not delivered before September 15, 2009, Judge Koeltl should award requested damages to Plaintiff by September 18, 2009.

2. The reason why I am entitled to the relief I seek is the following

See enclosed MEMORANDUM OF LAW IN SUPPORT OF CONTEMPT PROCEEDINGS AGAINST COUNSELS FOR DEFENSE MICHAEL A. CARDOZO AND MAX MCCANN (see section C. CLAIMS)


WHEREFORE, I respectfully request that the Court grant this motion, as well as such other and further relief as may be just and proper. I declare under penalty of perjury that the following is true and correct.

Dated: August 28, 2009  
Teaneck, New Jersey 
 
 
Signature____________________
Address__734 Rutland Avenue___
Teaneck, NJ 07666_____
Telephone Number__814-880-0938_
FAX Number___201-530-1241____


UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

Julian Heicklen
Plaintiff
   District Court Case #
  08 CV 02457 (JGK)
against

Jason Toala
John Does 1 2, and 3
Raymond Kelly
Defendants

AFFIRMATION OF SERVICE

I, Julian Heicklen, affirm under penalty of perjury that I have served a copy of the attached NOTICE OF MOTION, AFFIDAVIT IN SUPPORT OF MOTION, notarized AFFIDAVIT, and MEMORANDUM OF LAW IN SUPPORT OF CONTEMPT PROCEEDINGS AGAINST COUNSELS FOR DEFENSE MICHAEL A. CARDOZO AND MAX MCCANN upon:

Pro Se Office, Room 230,  S District Court, Southern District of New York,  S. Courthouse, 500 Pearl Street, New York, NY 1007

Judge John G. Koeltl,  S District Court, Southern District of New York,  S. Courthouse, 500 Pearl Street, New York, NY 1007

Michael A. Cardozo, Corporation Counsel, The City of New York, 100 Church Street, New York, NY 10007

Max McCann, Assistant Corporation Counsel, The City of New York, Law Department, 100 Church Street, New York, NY 10007

by certified legal mail.

Dated: August 28, 2009       
Teaneck,  New Jersey      
Signature____________________
Address__734 Rutland Avenue___
        Teaneck, NJ 07666_____
        Telephone Number__814-880-0938_
    FAX Number___201-530-1241____