734 Rutland Avenue
Teaneck, NJ 07666
814-880-9308
October 19, 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:

I am responding to your ORDER of September 22, 2009, in response to Mr. McCann's letter of September 18, 2009. In Mr. McCann's letter he states that defendants have not been served with a motion for summary judgment. Presumably he is referring to the three motions on page 23 of my MEMORANDUM OF LAW IN SUPPORT OF CONTEMPT PROCEEDINGS AGAINST COUNSELS FOR DEFENSE MICHAEL A. CARDOZO AND MAX MCCANN of August 28, 2009.

His claim is false. The interrogatory to which he must respond is enclosed. It was sent to him by certified mail on July 28, 2009. A copy of the signed certified receipt is attached.

Accompanying the Memorandum of Law of August 28, 2009, was a letter addressed to Judge Koeltl, Affidavit of Plaintiff, Notice of Motion, Affirmation in Support of Motion, and Affirmation of Service. These documents were all mailed to Messes. Cardozo and McCann on August 28, 2009, by certified U. S. mail. Copies of the signed certified receipts are attached.

The Defense also is asking for dismissal of the case based on the video evidence and the REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF DEFENDANTS' MOTION TO DISMISS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT of September 18, 2009. Before responding to this, I remind you that any dispute about the facts must be resolved by the jury, not by a judge nor either litigant's counsels. That is the duty of the jury. Furthermore during discovery the movant must prove his contentions BEYOND ANY DOUBT. CLOSE TO BEYOND ANY DOUBT IS NOT GOOD ENOUGH. 

A detailed response to the Memorandum of Law of Messrs. Cardozo and McCann of September 18, 2009, is enclosed in my Memorandum of Law of October 19, 2009.

My current travel schedule is:
October 28-31, 2009: Lancaster, PA
December 2-21, 2009: Cupertino and palm springs, CA
Please do not schedule any court dates during those periods. Thanks.

It has been terrifying to learn that the corporation counsels for New York City do not know the law, cannot understand the meaning of court cases, do not know the rules of evidence, do not follow court rules, do not understand English, and cannot tell the truth. You have let them make a farce out of this trial. They should be disbarred from practicing law. 

Perhaps you are of the same persuasion as they. Your behavior has been shameful. I have filed judicial complaints against you with the New York State Supreme Court, Appellate Division, First Judicial Department, Department Disciplinary Committee and the United States Court of Appeals: Second Circuit. Also I filed a criminal complaint against you with the U. S. Attorney for obstruction of justice. You have been unwilling to conduct a fair and impartial trial. I have lost all trust in your decisions. 

I move that you recuse yourself from presiding over this trial, and have a new judge appointed. Notice of Motion, Affirmation in Support of Motion, and Affirmation of Service are enclosed.

Do not return this letter nor any of the accompanying documents. Add them to the case record. If there is a rule against this, ignore the rule.

Sincerely yours,

Julian Heicklen
Plaintiff
Counsel Pro Se

Encl: Interrogatory of July 28, 2009, with signed certified receipt.
Letter addressed to Judge Koeltl, Notice of Motion, Affirmation in Support of Motion, and Affirmation of Service of August 28, 2009, with signed certified receipts for these articles and the Memorandum of Law of August 28, 2009, submitted with them.
RESPONSE MEMORANDUM OF LAW TO REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF DEFENDANTS' MOTION TO DISMISS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT
Notice of Motion, Affirmation in Support of Motion, and Affirmation of Service of October 19, 2009

CC: Pro Se Office, Room 230, U. S. District Court, southern District of New York, ' S. Courthouse, 500 Pearl Street, New York, NY 10007, TelL 212-805-0136
Michael A. Cardozo, Corporation Counsel, The City of New York, Law Department, 100 Church Street, New York, NY 10007, Tel: 212-788-0861
Max McCann, Assistant Corporation Counsel, The City of New York, 100 Church Street, New York, NY 10007, Tel: 212-788-0861
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NE YORK


Julian Heicklen
Plaintiff

08 Civ. CIV. 2457 (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, Plaintiff, affirmed on October 19, 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 District Judge, for an order pursuant to Rules 7-16 & 56 of the Federal Rules of Civil Procedure granting recusal of Judge Koeltl and replacement by a new judge.
I declare under penalty of perjury that the foregoing is true and correct.

Dated: Teaneck, New Jersey


October 19, 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 NE YORK

Julian Heicklen
Plaintiff

08 Civ. CIV. 2457 (JGK)
against
AFFIRMATION IN
 Â SUPPORT OF MOTION

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

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 an order that Judge John G. Koeltl be recused from presiding over this trial, and that a new judge be appointed.

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

Judge Koeltl is unwilling to conduct a fair and impartial trial. He is in collusion with Defendants to delay the onset of trial indefinitely in the hope that Plaintiff, who is 77 years old, will die before a jury can be impaneled. He refuses to order Defendants to provide discovery material that they are obligated to, but will not, supply. Plaintiff has lost all trust in Judge Koeltl's decisions.

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: Teaneck, New Jersey
October 19, 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

08 Civ. CIV. 2457 (JGK)
against
AFFIRMATION OF SERVICE

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

I, Julian Heicklen affirm under penalty of perjury that I have served a copy of the attachedRESPONSE MEMORANDUM OF LAW TO REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF DEFENDANTS' MOTION TO DISMISS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT with the cover letter of October 19, 2009, upon Michael A. Cardozo, Corporation Counsel, and Max McCann, Assistant Corporation Counsel, attorneys for Defendants, whose address is The City of New York, 100 Church Street, New York, NY 10007 by certified legal mail.

Dated: Teaneck, New Jersey
October 19, 2009
Signature____________________
Address__734 Rutland Avenue___
Teaneck, NJ 07666_____
Telephone Number__814-880-0938_
FAX Number___201-530-1241____