Multi District Litigation Consolidation

2009-01-13T18:31:00.000-08:00

Equal Justice News Release | News Release | Predatory Lending News Release | Letter to Congress

“A good name is more desirable than great riches; to be esteemed is better than silver or gold.” - Proverb 22:1

Praises & Thanks be unto The Lord My God for the wisdom, knowledge and understanding on legal matter because I received countless feedbacks from folks facing foreclosure and bankruptcy around the United States as follows:

Comments: "I have now read your documents. You have got to be the most astute pro se person in America. The failure to give you a hearing is the most blatant denial of due process possible. Although I am not a lawyer, my experience says that this is high quality legal work and that you should win." - Chris, Massachusetts

Press Release: Open Letter to Congressional Members of the Judiciary Committee

Comments: "I must say after reading through your filings, I am absolutely amazed with your knowledge and writings. You missed your calling, you should have been a law professor. I was most impressed in the manner you pulled your thoughts and stressed you view point." - John, Georgia

Comments: "I have been inundated with TILA questions. So I went out hunting to see if anyone had already written about it in terms that a lay person might be able to understand. What I found is shown below. I believe it to be generally correct and the citations are good citations of law. See this site for the entire write-up. It should give most lay people an idea on how to handle this and it will be valuable to your lawyer if he/she is not totally familiar with the TILA context at the following link:" http://www.rcxloan.com/Civil_Action_BK_Motion_14.htm. Statement made by Attorney at Law, Neil F. Garfield, M.B.A., J.D.

Download in PDF - Banking Default Letter/Motion for Violation of Truth-In-Lending Act (TILA)

I can be reached for a FREE consultation at (cell) 617-202-8069 or (703) 584-5998,

it's FREE, there is no obligation whatsover...! Sincerely, Pierre R. Augustin, MPA, MBA

BEFORE THE JUDICIAL PANEL
ON MULTIDISTRICT LITIGATION

____________________________________________________
)
Pierre Richard Augustin, Private Attorney General, Ex Rel )
Plaintiff ) MDL Docket
V. )
) No.___________________
IN RE NEW CENTURY TRS HOLDING )
IN RE NEW CENTURY LIQUIDATING TRUSTEE )
IN RE DANVERSBANK )
Defendants )
____________________________________________________ )

MOTION OF PLAINTIFF, PIERRE RICHARD AUGUSTIN, FOR TRANSFER AND
COORDINATION OR CONSOLIDATION PURSUANT TO 28 U.S.C. § 1407

[Our justice system is not perfect. Mistakes are inevitable. However,
when New evidences are presented, the will to do good must prevail over the status quo]

Honorable and Distinguish United States Federal Judges for the Judicial Panel on Multidistrict Litigation, May The Lord Almighty Richly Bless You For Being A Dedicated Public Servant And Grant You More Wisdom, Knowledge And Understanding Of The Law In Order To Make Wiser Decisions On Behalf Of The People Of The Greatest Nation On Earth, The United States.

The Constitution of the United States
We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

Plaintiff, as an outsider of courtroom litigation, ponders and reflects on the following oath that every federal judge takes to uphold the Constitution of the United States:

''I, _________, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as _________ under the Constitution and laws of the United States. So help me God.”

Pro Se Parties
Likewise, ““parties appearing pro se are allowed greater latitude with respect to reasonableness of their legal theories (Patterson V. Aiker, 111 F.R.D. 354, 358 [N.D. GA 1986])”. Also, the court is supposed to judge the case based on its merits even if procedural errors are made. Thus, the Panel must give this Plaintiff, “every favorable inference arising from his pro se status” (Hall v. Dworkin, 829 F. Supp. 1403, 1409 (ND NY 1993)). In re Haines: pro se litigants are held to less stringent pleading standards than bar licensed attorneys. Regardless of the deficiencies in their pleadings, pro se litigants are entitled to the opportunity to submit evidence in support of their claims. In re Platsky: court errs if court dismisses the pro se litigant without instruction of how pleadings are deficient and how to repair pleadings. In re Anastasoff: litigants’ constitutional rights are violated when courts depart from precedent where parties are similarly situated. All litigants have a constitutional right to have their claims adjudicated according the rule of precedent. See Anastasoff v. United States, 223 F.3d 898 (8th Cir. 2000).”

Private Attorney General
The U.S. Congress codified the ‘private attorney general’ principle into law with the enactment of Civil Rights Attorney's Fees Award Act of 1976, 42 U.S.C. § 1988. The Senate Report on this statute stated that The Senate Committee on the Judiciary wanted to level the playing field so that private citizens, who might have little or no money, could still serve as "private attorneys general" and afford to bring actions, even against state or local bodies, to enforce the civil rights laws.

The term private attorney general is usually used today in the United States to refer to a private party who brings a lawsuit that is considered to be in the public interest, i.e. benefiting the general public and not just the plaintiff. The private attorney general is entitled to recover attorney's fees if he or she prevails. The purpose of this principle is to provide extra incentive to private citizens to pursue suits that may be of benefit to society at large.

Most civil rights statutes rely on private attorneys general for their enforcement. In Newman v. Piggie Park Enterprises, 390 U.S. 400 (1968) - one of the earliest cases construing the Civil Rights Act of 1964, the United States Supreme Court ruled that "A public accommodations suit is thus private in form only. If he obtains an injunction, he does so not for himself alone but also as a 'private attorney general,' vindicating a policy that Congress considered of the highest priority." The United States Congress has also passed laws with "private attorney general". To date, there are over 60 federal statutes that encourage private enforcement by allowing prevailing plaintiffs to collect attorney's fees. The U.S. Supreme Court has interpreted the act to provide for the payment of a "reasonable attorney's fee" based on the fair market value of the legal services.

Ex Rel
Ex Rel. conj. abbreviation for Latin ex relatione, meaning "upon being related" or "upon information," used in the title of a legal proceeding filed on behalf of the government, on the instigation of a private person, who needs the state or the federal Department of Justice to enforce the rights of himself/herself and the public. Governments typically accept applications and commence litigation for ex rel actions only if the interest advanced by the private party is similar to the interest of the government. The term can also be used when a relative or party in privity brings suit on another person's behalf. For example, the Terri Schiavo appeal to the United States Supreme Court was titled Schiavo ex rel. Schindler v. Schiavo.

Why Invoking The Private Attorney General and Ex Rel’s Legal Remedy?
Many of the acts and transactions that constitute violations of Federal Law included the dissemination to the public of untrue statements of material facts, directly or indirectly, used the means and instrumentalities of interstate commerce, including, but not limited to, the United States mails, interstate telephone communications and the facilities of national securities exchanges (Section 11 & 15) since many of the financial institutions acted with scienter, acting intentionally or with a deliberate reckless disregard of the true facts, in making or participating in the making of these misstatements and omissions that ultimately led to the deprivation of Plaintiff’s property rights, violation of TILA, wrongful foreclosure and the civil conspiracy of mortgage/real estate fraud, predatory lending including forgery, federal mail fraud, wire fraud and bank fraud as well as the failure to enforce federal laws. Your Honors, the public has an interest in the orderly administration of justice. Public policy favors the full litigation of the ‘claims‘ on its merit, to broadly conduct discovery and to consolidate cases for ‘Judicial Economy‘. (See U.S. v. Premises and Real Prop. At 4492 S. Livonia Rd., F. 2d 1258, 1263 (2d Cir. 1989), see also U.S. v. All Assets of Statewide Auto Parts, Inc., 971 F. 2d 896, 902 (2d Cir. 1992) (a claimant’s interest in his home merits special constitutional protection). Ronald Dworkin regards law as an interpretive process under which individual rights are paramount. Society is composed of individuals. Protection of Mr. Augustin’s individual rights arguably becomes part of the public interest.

Argument For Judicial Economy
Plaintiff, hereby respectfully move the Judicial Panel on Multidistrict Litigation under 28 U.S.C. § 1407 for an order of transfer and discovery coordination or consolidation all actions pending in the Federal District Courts in Massachusetts and others with the Exception of the case on Appeal (08-1408) at the First Circuit Court and other miscellaneous matters pending in multiple Federal Courts Jurisdiction that are listed in the Schedule of Actions in this motion that share common questions of fact.

Plaintiff hereby requests that the Panel issue an order (a) transferring to the Chief Judge of the U.S. District Court for the Eastern District of Virginia, Richmond division or to the Chief Judge of the U.S. Bankruptcy Court for Delaware (depending on the option adopted on the Requested Relief) and with the consent of that Court, assigning all of the actions subject to this motion and (b) coordinating or consolidating discovery proceedings of all the actions pursuant to 28 U.S.C. § 1407. A schedule identifying the actions is attached in the exhibits as Schedule Actions.

1. As required by 28 U.S.C. § 1407(a), the cases proposed for transfer are pending in multiple federal districts courts and “involve one or more common questions of fact.” The cases are all premises on Civil Conspiracy of Mortgage Fraud, deprivation of property rights, violations of due process and other claims as outlined in the verified statement provided before these courts regarding the origination and servicing of his residential mortgage loans in an unlawful, unfair and deceptive fashion.

2. The actions and matters before all the Federal District Courts are interrelated and intertwined which allege violations of the Massachusetts UDAP law and others are stated as facts before the courts.

3. The actions and matters before all the Federal District Courts overlap substantially. In addition, Plaintiff is seeking redress for alleged injuries that are similar.

4. Given this significant overlap among the cases as to factual question and claims for relief, transfer and coordination or consolidation will promote the “just and efficient conduct of the actions.” 28 U.S.C. § 1407. Absent centralization, multiple Judges would be required to decide the same issues with respect to the Defendants and Plaintiff risks in obtaining inconsistent rulings from multiple courts as in the case of Plaintiff’s request to obtain subpoena Duces Tecum.

5. Transfer and coordination also will “be for the convenience of parties, witnesses and non-parties witnesses” so that common discovery matters such as depositions and document requests can occur in an orderly, non-duplicative fashion based on coordinated proceedings. 28 U.S.C. § 1407.

A case in point is an Order (case #: 3:08-MC-11) by the Chief United States Judge, James R. Spencer for the United States District Court, Eastern District of Virginia, Richmond Division:
“Regarding Augustin’s Motion to Request Issuance of Notice of Deposition, Request to Produce Documents and Subpoena Duces Tecum, Mr. Augustin has requested a live telephone call for his method of deposition. Federal Rule of Civil Procedure 30(b)(4) permits such method and the Motion filed by Augustin appears to have all the information required by the Federal Rules. Thus, upon payment of the filing fee, this court GRANTS Augustin’s Motion for a Subpoena for the deposition of Mr. Tedd Chambler, President, Commonwealth Land Title Insurance Company, 5600 Cox Road, Glenn Allen, Virginia, 23060-9266. The Court also GRANTS the Motion for a Subpoena for the production of the documents outlined in Augustin’s Motion dated on the 24th day of November 2008”

Whereas other Federal District Courts have:
1). Dismissed his request without informing Plaintiff that a hearing was scheduled (U.S. District Court Southern District of New York, Case #: M8-85)
2). Suggested that Plaintiff obtain a Court Order from the Delaware Bankruptcy Court (U.S. District Court of RI, Case #: 08-106)
3). Other Federal District Courts have approved and other decisions are pending.

6. Plaintiff respectfully suggest that the all the actions presently in all the different Federal District Courts and Jurisdictions are appropriate for transfer or as suggested based on 4 possible options or as the Court deems just and proper.

Requested Relief
Option 1
Transfer and coordination all cases at the U.S. Federal District Court in Richmond, Virginia so that common discovery and actual trial matters are held in a single forum.

Option 2
Transfer and coordination all cases at the U.S. Federal District Court in Richmond, Virginia so that common discovery and matters are held in a single forum but with two separate trials, one at the Delaware Bankruptcy Court in Wilmington, DE with New Century Liquidating Trust and the other parties trial to be held in Richmond Virginia.

Option 3
Transfer and coordination all cases at the Delaware Bankruptcy Court in Wilmington, DE so that common discovery and matters are held in a single forum but with two separate trials, one at the Delaware Bankruptcy Court in Wilmington, DE with New Century Liquidating Trust and the other parties trial to be held in Richmond Virginia.

Option 4
Transfer and coordination all cases at the U.S. Bankruptcy Court in Wilmington, DE so that common discovery and actual trial matters are held in a single forum.

Currently, without consolidation into a single forum, in order to verify documents requested via subpoena’s, Plaintiff will have to travel to many different Federal District Courts across the U.S. which would be too burdensome on him. The motion is supported by a memorandum or such other matters as may be presented to the Panel at the time of the hearing.

Plaintiff is not looking for sympathy. Plaintiff is not looking to be rewarded. Plaintiff is not here seeking the punishment of the Defendants. Although not a lawyer or pretending to be one, Plaintiff is asking the Panel to grant his request to Transfer and to coordinate all the cases based on one of the options mentioned above. As stated by the Chief Judge, Kevin J. Carey, of the Delaware Bankruptcy Court during the June 25, 2008 hearing:

“but it’s obvious that you have been aggressively pursuing this dispute whether it has merit or not. And it seems to me your positions and your multiple filings support the view that you certainly didn’t intend to pass up on an opportunity to make a claim knowing that you had one. So for those reasons on balance I will allow it.”

Thus, as the Panel deems Just and proper or based on one of the suggested options of the request relief, GRANT his request to Transfer and to coordinate all of the cases. May The Lord Almighty Richly Bless You and The United States Of America. Thank You.

Respectfully submitted,

Pierre R. Augustin, MPA, MBA, Private Attorney General, Ex Rel
Plaintiff, 3941 Persimmon Drive, #102, Fairfax, VA 22031 | 617.202.8069 | 703.584.5998

CERTIFICATE OF SERVICE
I hereby certify that a true copy of this Motion was mailed to the Courts with delivery confirmation, parties and attorneys via first class mail as listed below.

Pierre R. Augustin, MPA, MBA, Private Attorney General, Ex Rel
3941 Persimmon Drive, #102, Fairfax, VA 22031, Tel: 617-202-8069

VERIFICATION

I, Pierre R. Augustin, hereby depose and state as follows:

1. I am Pierre R. Augustin, represented by self.

2. I have read the foregoing Motion filed herein and knowing the contents thereof have found that the allegations of fact set forth therein are true of my own personal knowledge, except as to those allegations based on information and belief which I believe to be true.

Signed under the penalties of perjury this ________day of ____________2008.

X ________________________________

STATE OF ________________________COUNTY OF _____________________________

On this _____ day of __________, 2008, before me, the undersigned notary public, personally

appeared ___________________________, proved to me through satisfactory evidence of

identification, which was __________________________________________________, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that s/he signed it voluntarily for its stated purpose.

______________________________
Notary Public
My Commission Expires:
(SEAL)

BEFORE THE JUDICIAL PANEL
ON MULTIDISTRICT LITIGATION
____________________________________________________
)
Pierre Richard Augustin, Private Attorney General, Ex Rel )
Plaintiff ) MDL Docket
V. )
) No.___________________
IN RE NEW CENTURY TRS HOLDING )
IN RE NEW CENTURY LIQUIDATING TRUSTEE )
IN RE DANVERSBANK )
Defendants )
____________________________________________________ )

AFFIDAVIT / AFFIRMATION

I, Pierre-Richard Augustin, affirm the following under penalty of perjury, being duly sworn, deposes and says:
1) I am the Plaintiff in this action, and I respectfully submit this affidavit/affirmation.
2) I have personal knowledge of facts which bear on this Motion.

I declare under penalty of perjury that the foregoing is true and correct, except as to those allegations based on information and belief which I believe to be true.

Dated:_______________________________________________________
Pierre R. Augustin, MPA, MBA, Private Attorney General, Ex Rel
3941 Persimmon Drive, #102, Fairfax, VA 22031 (617) 202-8069

STATE OF _______________________________COUNTY OF_________________________
On this _____ day of __________, 2008, before me, the undersigned notary public, personally appeared ___________________________, proved to me through satisfactory evidence of identification, which was _________________________________________________________, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that s/he signed it voluntarily for its stated purpose.
______________________________
Notary Public
My Commission Expires:
(SEAL)

BEFORE THE JUDICIAL PANEL
ON MULTIDISTRICT LITIGATION
____________________________________________________
)
Pierre Richard Augustin, Private Attorney General, Ex Rel )
Plaintiff ) MDL Docket
V. )
) No.___________________
IN RE NEW CENTURY TRS HOLDING )
IN RE NEW CENTURY LIQUIDATING TRUSTEE )
IN RE DANVERSBANK )
Defendants )
____________________________________________________ )

SCHEDULE OF ACTIONS & CERTIFICATE OF SERVICES

I hereby certify that a true copy of this Motion was mailed to the Courts with delivery confirmation, parties and attorneys via first class mail as listed below.

Pierre R. Augustin, MPA, MBA, Private Attorney General, Ex Rel
3941 Persimmon Drive, #102, Fairfax, VA 22031, Tel: 617-202-8069

Case Captions Court Actions No. Judge
Debtor
Pierre Richard Augustin, Pro Se

1) U.S. Bankruptcy Court, 595 Main Street, Worcester, MA 01608-2076
Registered Mail:
R239124219US 05-46957 Joel B. Rosenthal
Creditors
Kevin Bottomley
President and Chief Executive Officer
DanversBank
One Conant Street
Danvers, MA 01923
Tedd Chambler, President
Commonwealth Land Title Ins. Co.
5600 Cox Road, Glenn Allen, Virginia, 23060-9266
President, Thomas Jacob
Chase Home Finance
194 Wood Ave S # 2
Iselin, NJ 08830
Interested Parties
New Century Mortgage Corporation
17701 Cowan St., 2nd Fl.
Irvine, CA 92614
Counsels
Jonathan R. Goldsmith
Jonathan R. Goldsmith, Esq
1350 Main Street, 10th Floor
Springfield, MA 01103
413-747-0700
trusteedocs1@jgoldsmithlaw.com
Giles Krill, Law Offices of Edward A Gottlieb, 309 Washington St, Brighton, MA 02135, 617-789-5678 representing Commonwealth Land Title Ins. Co.
Charles A. Lovell, Partridge,Snow & Hahn LLP, 180 South Main Street, Providence, RI 02903-7120 (401) 861-8200
cal@psh.com, representing Chase Home Finance LLC
Robert L. Marder, Robert L. Marder, Esq., 85 Exchange St.
Suite L10, Lynn, MA 01901
781-592-8154, Marderbank@RMarderlaw.com
representing Danversbank
David M. Rosen, Harmon Law Offices P.C., 150 California Street
Newton, MA 02458, (617) 558-0500, 617-
527-0431 (fax)
drosen@harmonlaw.com
representing New Century Mortgage Corporation
Lauren A. Solar, Bartlett Hackett Feinberg P.C., 155 Federal Street, 9th Floor, Boston, MA 02110
617-422-0200, las@bostonbusinesslaw.com, representing Deutsche Bank National Trust
Case Captions Court Actions No. Judge
Plaintiff
Pierre Richard Augustin, Pro Se

2) USDC Massachusetts, 1 Courthouse Way
Boston, Massachusetts 02210
(617) 748-9152

Delivery Confirmation:
0308 2690 0002 2399 1789
6-cv-10368-NMG Nathaniel M. Gorton
Defendants
CEO, Aseem Mital
Ameriquest Mortgage Company
1100 Town & Country Rd., Suite 1200
Orange, California 92868
Rande K. Yeager, President & Chief Executive Officer
Old Republic National Title Insurance Company
400 Second Avenue South
Minneapolis, MN 55401-2499
Kevin Bottomley
President and Chief Executive Officer
DanversBank
One Conant Street
Danvers, MA 01923
Tedd Chambler, President
Commonwealth Land Title Ins. Co.
5600 Cox Road, Glenn Allen, Virginia, 23060-9266
Counsels
R. Bruce Allensworth, K & L Gates LLP, State Street Financial Center
One Lincoln Street, Boston, MA 02111-2950, 617-261-3119, 617-261-3175 (fax), bruce.allensworth@klgates.com, representing Ameriquest Mortgage Company
David D. Christensen
K & L Gates LLP, One Lincoln Street
Boston, MA 02111-2950, 617-951-9077
617-261-3175 (fax)
david.christensen@klgates.com, representing Ameriquest Mortgage Company
John Connolly, Jr., Connolly Law Offices
545 Salem Street, Wakefield, MA 01880
781-557-2000, 781-246-4114 (fax)
jconnolly@wakefieldlaw.com
representing Old Republic National Insurance
David J. Gallagher, Regnante, Sterio & Osborne, 401 Edgewater Place
Suite 630, Wakefield, MA 01880-6210
617-246-2525, 781-246-0202 (fax)
dgallagher@regnante.com, representing Danvers Bank

Charles A. Lovell, Partridge, Snow & Hahn LLP, 180 South Main Street, Providence, RI 02903-7120 (401) 861-8200
cal@psh.com, representing Chase Home Finance LLC
Andrew C. Glass, Kirkpatrick & Lockhart Preston Gates Ellis LLP, State Street Financial Center, One Lincoln Street, Boston, MA 02111-2950, 617-261-3107, 617-261-3175 (fax)
andrew.glass@klgates.com
representing Ameriquest Mortgage Company
Edward A. Gottlieb
Law Offices of Edward A. Gottlieb
309 Washington St., Brighton, MA 02135
617-789-5678, 617-789-4788 (fax)
info@gottliebesq.com representing Commonwealth Land Title Ins. Co.
Charles A. Lovell, Partridge,Snow & Hahn LLP, 180 South Main Street, Providence, RI 02903-7120 (401) 861-8200
cal@psh.com, representing Chase Home Finance LLC
Laura M. Raisty, Morgan, Brown & Joy, LLP, 200 State Street, 11th Floor, Boston, MA 02109, 617-523-6666, 617-367-3125 (fax), LRaisty@morganbrown.com
representing Allied Home Mortgage Capital Corp.
Samuel P. Reef, Law Offices of Samuel P. Reef, 144 Main Street, Brockton, MA 02301, 508-559-0300, 508-587-7305 (fax)
representing Samuel P. Reef
David M. Rosen, Harmon Law Offices, P.C., 150 California Street, Newton, MA 02458, 617-558-8411, 617-244-7304 (fax)
DRosen@harmonlaw.com, representing New Century Mortgage Corporation
Diane M. Saunders, Morgan, Brown & Joy, LLP, 200 State Street, 11th Floor, Boston, MA 02109, 617-523-6666, 617-367-3125 (fax), dsaunders@morganbrown.com
representing Allied Home Mortgage Capital Corp.
Alan H. Segal
Law Office of Alan H. Segal
220 Forbes Road, Suite 301
Braintree, MA 02184, 781-444-9676, 781-444-9974 (fax), alan.segal@segallawoffice.com
representing Alen H. Segal
Kevin P. Geaney, Connolly Law Offices, LLC, 545 Salem Street, Wakefield, MA 01880, 781-557-2000, 781-246-1441 (fax)
kgeaney@wakefieldlaw.com
representing Old Republic National Insurance
Case Captions Court Actions No. Judge
Consumer Creditor
Pierre Richard Augustin, Pro Se

Debtor
New Century TRS Holdings, Inc., et al

Non-Parties Witnesses
See Docket for Subpoena
issued to public officials 3) U.S. Bankruptcy Court, 824 North Market Street, 3rd Floor
Wilmington, Delaware 19801
302-252-2900

Delivery Confirmation:
0308 2690 0002 2399 1796
07-10416 Kevin J. Carey
Case Captions Court Actions No. Judge
Plaintiff
Pierre Richard Augustin, Pro Se

Defendant
New Century TRS Holdings, Inc., et al

Non-Parties Witnesses
Federal Prosecutors of the Subprime Task Force, Robert Nardoza, U.S. Attorney's Office, Benton J. Campbell, 147 Pierrepont Street, Brooklyn, NY 11201

4) U. S. District Court, Eastern District of New York, 225 Cadman Plaza East, Brooklyn, New York 11201

Delivery Confirmation:
0308 2690 0002 2399 1802 1:08-mc-00550-RJD-LB Raymond J. Dearie, presiding
Lois Bloom, referral
Case Captions Court Actions No. Judge
Plaintiff
Pierre Richard Augustin, Pro Se

Defendant
New Century TRS Holdings, Inc., et al

5) USDC Massachusetts, 1 Courthouse Way, Boston, Massachusetts 02210
(617) 748-9152
Delivery Confirmation:
0308 2690 0002 2399 1819 1:08-mc-10323-NG Nancy Gertner
Non-Parties Witnesses seeking Subpoena Duces Tecum For
1. Attorney Jonathan R. Goldsmith
1350 Main Street, 10th Floor
Springfield, MA 01103

2. Giles Krill
Law Offices of Edward A Gottlieb
309 Washington St
Brighton, MA 02135

3. David M. Rosen
Harmon Law Offices P.C.
150 California Street
Newton, MA 02458

4. Ronald S. Allen
Littler Mendelson P.C.
One International Place, Suite 2700
Boston, MA 02110

5. John Connolly, Jr.
Connolly Law Offices
545 Salem Street
Wakefield, MA 01880

6. Kevin P. Geaney
Connolly Law Offices, LLC
545 Salem Street
Wakefield, MA 01880

7. Edward A. Gottlieb
Law Offices of Edward A. Gottlieb
309 Washington St.
Brighton, MA 02135

8. Laura M. Raisty
Morgan, Brown & Joy, LLP
200 State Street, 11th Floor
Boston, MA 02109

9. Diane M. Saunders
Morgan, Brown & Joy, LLP
200 State Street, 11th Floor
Boston, MA 02109

10. David D. Christensen
K & L Gates LLP
One Lincoln Street
Boston, MA 02111-2950

11. Attorney Robert L. Marder
85 Exchange St., Ste. L10
Lynn, MA 01901-1429

12. Charles A. Lovell
Partridge,Snow & Hahn LLP
180 South Main Street,
Providence, RI 02903-7120

13. Lauren A. Solar
Barron & Stadfeld, P.C.
100 Cambridge Street, Suite 1310
Boston, MA 02114

14. R. Bruce Allensworth
K & L Gates LLP
State Street Financial Center
One Lincoln Street
Boston, MA 02111-2950

15. David J. Gallagher
Regnante, Sterio & Osborne
401 Edgewater Place, Suite 630
Wakefield, MA 01880-6210

16. Andrew C. Glass
Kirkpatrick & Lockhart Preston Gates Ellis LLP, State Street Financial Center
One Lincoln Street, Boston, MA 02111-2950

17. Samuel P. Reef
Law Offices of Samuel P. Reef
144 Main Street
Brockton, MA 02301

18. Alan H. Segal
Law Office of Alan H. Segal
220 Forbes Road, Suite 301
Braintree, MA 02184

19. Ian D. Prior
City Of Boston Law Department
Room 615, City Hall
Boston, MA 02201

20. Kevin Bottomley
President and Chief Executive Officer
Danversbank, One Conant Street
Danvers, MA 01923
Case Captions Court Actions No. Judge
Plaintiff
Pierre Richard Augustin, Pro Se

Defendant
New Century TRS Holdings, Inc., et al

Non-Parties Witnesses
President, Tedd Chambler
Commonwealth Land Title Insurance Company Inc
5600 Cox Rd, Glen Allen, VA 23060-9266

Counsel
Marc E. Darnell
Direct: (757) 873-6320
Fax: (757) 873-6359
medarnell@kaufcan.com
Kaufman & Canoles, P.C.
11817 Canon Boulevard, Suite 408
Newport News, VA 23606
6) USDC Eastern District of VA, 701 East Broad Street
Richmond, VA 23219

Delivery Confirmation:
0308 2690 0002 2399 1826 3:08-mc-00011-JRS James R. Spencer
Case Captions Court Actions No. Judge
Plaintiff
Pierre Richard Augustin, Pro Se

Defendant
New Century TRS Holdings, Inc., et al

Non-Parties
Attorney General Bill McCollum
Office of Attorney General
State of Florida
The Capitol PL-01
Tallahassee, FL 32399-1050
7) United States Courthouse
111 N. Adams St., Tallahassee, Florida 32301-7730

Delivery Confirmation:
0308 2690 0002 2399 1833 4:08-mc-00030-RH-WCS ROBERT L HINKLE, presiding
WILLIAM C SHERRILL, JR, referral
Case Captions Court Actions No. Judge
Plaintiff
Pierre Richard Augustin, Pro Se

Defendant
New Century TRS Holdings, Inc., et al

Non-Parties
Attorney General Roy Cooper
9001 Mail Service Center
Raleigh, NC 27699-9001

8) USDC, PO Box 25670
Raleigh, NC 27611

Delivery Confirmation:
0308 2690 0002 2399 1840 5:08-mc-00031 No response Yet
Case Captions Court Actions No. Judge
Plaintiff
Pierre Richard Augustin, Pro Se

Defendant
New Century TRS Holdings, Inc., et al

Non-Parties
Attorney General Andrew Cuomo
Office of the Attorney General
The Capitol
Albany, NY 12224-0341 9) U.S.D.C., 445 Broadway, Room 509
Albany, NY 12207-2924

Delivery Confirmation:
0308 2690 0002 2399 1857 1:08-mc-00099-LEK-RFT Lawrence E. Kahn, presiding
Randolph F. Treece, referral
Case Captions Court Actions No. Judge
Plaintiff
Pierre Richard Augustin, Pro Se

Defendant
New Century TRS Holdings, Inc., et al

Non-Parties Witnesses
Charles A. Lovell
Partridge,Snow & Hahn LLP
180 South Main Street
Providence, RI 02903-7120 10) USDC, District of Rhode Island
One Exchange Terrace, Providence, RI 02903

Delivery Confirmation:
0308 2690 0002 2399 1864 1:08-mc-00106-S-DLM William E Smith, presiding
David L. Martin, referral
Case Captions Court Actions No. Judge
Plaintiff
Pierre Richard Augustin, Pro Se

Defendant
New Century TRS Holdings, Inc., et al

Non-Parties Witnesses
Eric Green, CEO
Real Time Solutions, Inc.
1750 Regal Row, Suite 120
Dallas, TX 75235 11) USDC, 1100 Commerce St., Room 1452
Dallas, TX 75242

Registered Mail:
R239124205US 3:08-mc-00126-K Ed Kinkeade

Case Captions Court Actions No. Judge
Plaintiff
Pierre Richard Augustin, Pro Se

Defendant
New Century TRS Holdings, Inc., et al

Non-Parties
Attorney General Rob McKenna
800 Fifth Avenue Suite 2000
Seattle, WA 98104 12) U.S. Courthouse, 700 Stewart Street, Seattle, WA 98101

Delivery Confirmation:
0308 2690 0002 2399 1888 2:08-mc-00141-LKK-KJM (PS) Lawrence K. Karlton, presiding
Kimberly J. Mueller, referral
Case Captions Court Actions No. Judge
Plaintiff
Pierre Richard Augustin, Pro Se

Defendant
New Century TRS Holdings, Inc., et al

Non-Parties Witnesses
Sarah C. Kellogg
3693 Timber Lane
Hermitage, PA 16148 13) United States Courthouse
700 Grant Street
Pittsburgh, PA 15219

Delivery Confirmation:
0308 2690 0002 2399 1895 2:08-mc-00326-JFC Joy Flowers Conti
Case Captions Court Actions No. Judge
Plaintiff
Pierre Richard Augustin, Pro Se

Defendant
New Century TRS Holdings, Inc., et al

Non-Parties
Attorney General Greg Abbott
Office of the Attorney General
PO Box 12548
Austin, TX 78711-2548 14) U.S. District Court, 200 West 8th St., Room 130
Austin, Texas 78701

Delivery Confirmation:
0308 2690 0002 2399 1901 1:08-mc-00870-SS Sam Sparks
Case Captions Court Actions No. Judge
Plaintiff
Pierre Richard Augustin, Pro Se

Defendant
New Century TRS Holdings, Inc., et al

Non-Parties Witnesses
CEO, Aseem Mital
Ameriquest Mortgage Company
1100 Town & Country Rd., Suite 1200,
Orange, California 92868

Tom Mayer, Vice President,
Deutsche Bank National Trust,
300 S. Grand Ave, Ste 3950,
Los Angeles, CA 90071

15) US Courthouse, 411 West Fourth Street, Room 1053
Santa Ana, CA 92701-4516

Delivery Confirmation:
0308 2690 0002 2399 1918 8:08-cv-01305-UA-MLG Unassigned, presiding
Marc L. Goldman, referral
Case Captions Court Actions No. Judge
Plaintiff
Pierre Richard Augustin, Pro Se

Defendant
New Century TRS Holdings, Inc., et al

Non-Parties Witnesses
President, Thomas Jacob
Chase Home Finance
194 Wood Ave S # 2
Iselin, NJ 08830 16) U.S. Courthouse 50 Walnut Street Room 4015, Newark, NJ 07101
Phone : 973-645-3730

Delivery Confirmation:
0308 2690 0002 2399 1925 2:08-cv-05933-KSH-PS Katharine S. Hayden, presiding
Patty Shwartz, referral
Case Captions Court Actions No. Judge
Plaintiff
Pierre Richard Augustin, Pro Se

Defendant
New Century TRS Holdings, Inc., et al

Non-Parties Witnesses
Chairman and CEO,
Timothy P. (Tim) Flynn,
KPMG LLP (“KPMG”),
757 Third Ave.,
New York, NY 10017

President
Deven Sharma,
Standard and Poor’s,
55 Water Street,
New York, New York 10041

Mark T. Power, Mark S. Indelicato, HAHN & HESSEN LLP
488 Madison Avenue, 15th Floor
New York, New York 10022
17) United States Courthouse
500 Pearl Street, New York, NY 10007-1312

Delivery Confirmation:
0308 2690 0002 2399 1932 M8-85
(Not Listed on Court Docket) WILLIAM H. PAULEY III
Case Captions Court Actions No. Judge
Plaintiff
Pierre Richard Augustin, Pro Se

Defendant
New Century TRS Holdings, Inc., et al

Non-Parties
Attorney General, Terry Goddard
Office of the Attorney General
1275 West Washington Street
Phoenix, AZ 85007 18) U.S. Courthouse
401 W. Washington Street, Suite 130, SPC 1
Phoenix, AZ 85003-2118

Delivery Confirmation:
0308 2690 0002 2399 1949 No Response Yet No Response Yet
Case Captions Court Actions No. Judge
Plaintiff
Pierre Richard Augustin, Pro Se

Defendant
New Century TRS Holdings, Inc., et al

Non-Parties
Attorney General Richard Blumenthal
Office of the Attorney General
55 Elm Street
Hartford, Connecticut 06106
19) US Courthouse, 450 Main Street
Hartford, CT 06103

Delivery Confirmation:
0308 2690 0002 2399 1956 No Response Yet No Response Yet
Case Captions Court Actions No. Judge
Plaintiff
Pierre Richard Augustin, Pro Se

Defendant
New Century TRS Holdings, Inc., et al

Non-Parties
Attorney General Lisa Madigan
Chicago Main Office
100 West Randolph Street
Chicago, IL 60601 20) US Courthouse, 219 South Dearborn Street
Chicago, IL 60604

Delivery Confirmation:
0308 2690 0002 2399 1963 No Response Yet No Response Yet
Case Captions Court Actions No. Judge
Plaintiff
Pierre Richard Augustin, Pro Se

Defendant
New Century TRS Holdings, Inc., et al

Non-Parties
Attorney General Mike Cox
G. Mennen Williams Building, 7th Floor
525 W. Ottawa St.
P.O. Box 30212
Lansing, MI 48909 21) U.S. Courthouse, 113 Federal Bldg
315 W Allegan St, Lansing MI 48933

Delivery Confirmation:
0308 2690 0002 2399 1970 No Response Yet No Response Yet
Non-Parties listed below

Filed personally at Clerk Office on 12-31-2008

US Courthouse,
333 Constitution Ave NW # 6822
Washington, DC 20001 No Response Yet No Response Yet
Plaintiff
Pierre Richard Augustin, MPA, MBA, Private Attorney General, Ex Rel

Defendants
New Century TRS Holdings, Inc., et al
IN RE NEW CENTURY LIQUIDATING TRUSTEE
IN RE DANVERSBANK United States Judicial Panel on Multidistrict Litigation
One Columbus Circle, NE, Room G-255, North Lobby, Washington, DC 20002

Not Yet Received Not Yet Received

Plaintiff have not heard from his filed motion to the
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Pierre Richard Augustin, PRO SE )
Consumer Creditor and Party In Interest )
)
v. )
)
New Century Mortgage Corporation, Debtor )
New Century Liquidating Trustee )

Non-Parties Public Officials that hold information likely to lead to admissible evidences:

Sen. Christopher J. Dodd, Committee Chair; Banking, Housing and Urban Affairs Committee, 534 Dirksen Senate Office Building, Washington, DC 20510

Rep. Barney Frank , Committee Chair
Financial Services Committee
2129 Rayburn House Office Building, Washington, DC 20515

James Lockhart, Director
Office of Federal Housing Enterprise Oversight, 1700 G St., N.W., 4th Fl.
Washington, DC 20552

Michael Mukasey, Attorney General Department of Justice
950 Pennsylvania Ave., N.W.
Washington, DC 20530

Grace Becker, Acting Assistant Attorney General for Civil Rights, Civil Rights Division, 950 Pennsylvania Ave., N.W.
Washington, DC 20530

Robert Mueller, Director, Federal Bureau of Investigation, 935 Pennsylvania Ave., N.W., J. Edgar Hoover Bldg.
Washington, DC 20535-0001

Henry Paulson, Secretary of the TreasuryDepartment of Treasury
1500 Pennsylvania Ave., N.W.
Washington, DC 20220

John Dugan, Comptroller of the Currency
Comptroller of the Currency
250 E St., S.W., Independence Sq.
Washington, DC 20219

John Reich, Director
Office of Thrift Supervision
1700 G St., N.W.
Washington, DC 20552

Ben Bernanke, Chair
Federal Reserve System
20th St. & Constitution Ave., N.W.
Washington, DC 20551

William Kovacic, Chair
Federal Trade Commission
600 Pennsylvania Ave., N.W.
Washington, DC 20580

Christopher Cox, Chair
Securities and Exchange Commission
100 F Street, N.E.
Washington, DC 20549

Herbert Allison, CEO
Fannie Mae
3900 Wisconsin Northwest Ave, Washington, DC 20016

Attorney, Christopher M. Samis
New Century Liquidating Trustee, Richards, Layton & Finger, P.A.,
920 N. King Street
Wilmington, DE 19801

Private Attorney General

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