1 Paul Andrew Mitchell 2 c/o 500 West Broadway, Box 428 3 San Diego 92101 4 CALIFORNIA, USA 5 6 tel: (510) 452-2020 7 fax: (510) 832-8507 8 9 In Propria Persona 10 11 All Rights Reserved 12 without Prejudice 13 14 15 16 United States Court of Appeals 17 18 Ninth Circuit 19 20 21 Paul Andrew Mitchell, ) Appeal No. 02-15269 and 22 ) 372(c) No. 02-89005 23 Plaintiff/Appellant, ) 24 v. ) NOTICE OF MOTION AND 25 ) MOTION REQUESTING ROUTINE 26 AOL Time Warner, Inc. et al., ) EXTENSION OF TIME TO REPLY TO 27 ) UNIVERSITY DEFENDANTS, 28 Defendants/Appellees.) BY AFFIDAVIT: 29 ) 30 ) 28 U.S.C. 1746(1). 31 ______)

32

33 COMES NOW Paul Andrew Mitchell, Appellant in the above entitled case,

34 pursuant to this Court’s INFORMATION PACKAGE FOR PRO SE

35 APPELLANTS/PETITIONERS, specifically to request an extension of time

36 to reply to the University Defendants, due to the extraordinary

37 circumstances that have now arisen in the instant appeal.

38 Appellant now summarizes the meritorious reasons for granting a

39 routine extension of 30 calendar days, until August 17, 2002 A.D., due

40 mainly to the extraordinary circumstances that have developed with the

41 delivery of Appellant’s first class legal mail.

1 Motion Requesting a Routine Extension of Time 2 to Reply to the University Defendants: Page 1 of 10 1 INCORPORATION OF CERTIFIED ATTACHMENT

2 Appellant hereby attaches His LETTER OF TRANSMITTAL to the United

3 States Postal Inspection Service at the U.S. Post Office in downtown

4 San Diego, California, dated July 16, 2002 A.D., and incorporates same

5 by reference to Attachment “A” infra, as if set forth fully here.

6 Specifically, Attachment “A” documents the fact that several of

7 Appellees’ briefs were never delivered to Appellant, who now has

8 probable cause to believe that each missing brief was stolen and/or

9 obstructed by the prime suspects named in Attachment “A”.

10 11 AFFIDAVIT OF PROBABLE CAUSE

12 While sharing the business offices of prime suspect Teresa

13 Giordano dba Quality Paralegal Services in Temecula, California,

14 Appellant mailed to the U.S. Postal Service (“USPS”) a complete set of

15 standard forwarding orders. The destination shown on said forwarding

16 orders was 40960 California Oaks Road, Box 281, Murrieta 92562,

17 CALIFORNIA, USA, which Appellant believes is a private mail service

18 like Mail Boxes Etc.

19 On or about July 1, 2002 A.D., Appellant became fully aware that

20 He had not received any confirmations from the USPS of said forwarding

21 orders; and, by that date He had received only one (1) Appellee’s

22 brief, namely, from the law firm of Latham & Watkins alleging to

23 appear on behalf of Defendant AOL Time Warner, Inc. and the Individual

24 AOL Defendants.

25 Also on July 1, 2002 A.D., Appellant took affirmative steps to

26 rectify this situation by transmitting electronic mail (“email”)

27 requesting certain law firms to confirm whether or not they had filed

28 an Appellee’s brief in the instant appeal and, if they had done so, 1 Motion Requesting a Routine Extension of Time 2 to Reply to the University Defendants: Page 2 of 10 1 also to Express Mail another copy to Appellant’s forwarding agent --

2 Dr. John C. Alden in Oakland, California.

3 Appellant’s email request resulted in the delivery of two (2)

4 more Appellee’s briefs -- one from attorneys for Defendant Carnegie

5 Mellon University, and one from attorneys for the University

6 Defendants.

7 Appellant has now completed and served His BRIEFS in reply to

8 Defendant Carnegie Mellon University, and to Defendant AOL Time

9 Warner, Inc. and the Individual AOL Defendants.

10 However, Appellant did not receive the brief from the firm of

11 Pillsbury Winthrop LLP, alleging to appear on behalf of the University

12 Defendants, until 2:00 p.m. on Monday, July 15, 2002 A.D.

13 Because the brief for the University Defendants came as somewhat

14 of a surprise to Appellant, He had previously scheduled other

15 professional work for the calendar week ending tomorrow.

16 As of this writing -- on Thursday, July 18, 2002 A.D. --

17 Appellant is unsure whether He will be permitted to reply to the brief

18 for the University Defendants, in light of the extraordinary

19 circumstances which have developed in large part because of the

20 apparent obstruction and/or theft of Appellant’s first class legal

21 mail.

22 Accordingly, Appellant submits the instant MOTION to request a

23 routine extension of 30 days, to August 17, 2002 A.D.

24 Barring the unexpected arrival of any further briefs for

25 Appellees, Appellant believes that this new deadline will provide

26 sufficient time for Him to reply thoroughly to any new issues that are

27 raised in the brief for the University Defendants.

1 Motion Requesting a Routine Extension of Time 2 to Reply to the University Defendants: Page 3 of 10 1 VERIFICATION

2 I, Paul Andrew Mitchell, Sui Juris, Plaintiff in the above

3 entitled action, hereby verify under penalty of perjury, under the

4 laws of the United States of America, without the “United States”

5 (federal government), that the above statement of facts and laws is

6 true and correct, according to the best of My current information,

7 knowledge, and belief, so help me God, pursuant to 28 U.S.C. 1746(1).

8

9 Dated: July 18, 2002 A.D.

10

11 Signed: 12 ______13 Printed: Paul Andrew Mitchell, Appellant In Propria Persona

1 Motion Requesting a Routine Extension of Time 2 to Reply to the University Defendants: Page 4 of 10 1 PROOF OF SERVICE

2 I, Paul Andrew Mitchell, Sui Juris, hereby certify, under penalty of

3 perjury, under the laws of the United States of America, without the

4 “United States” (federal government), that I am at least 18 years of

5 age, a Citizen of ONE OF the United States of America, and that I

6 personally served the following document(s):

7 8 NOTICE OF MOTION AND 9 MOTION REQUESTING ROUTINE EXTENSION OF TIME 10 TO REPLY TO UNIVERSITY DEFENDANTS, 11 BY AFFIDAVIT: 12 28 U.S.C. 1746(1) 13 14 by placing one true and correct copy of said document(s) in first

15 class United States Mail, with postage prepaid and properly addressed

16 to the following:

17 18 Judge Alex Kozinski Clerk of Court (5x) 19 Ninth Circuit Court of Appeals Attention: Cathy Catterson 20 P.O. Box 91510 Ninth Circuit Court of Appeals 21 Pasadena 91109-1510 P.O. Box 193939 22 CALIFORNIA, USA San Francisco 94119-3939 23 CALIFORNIA, USA 24 25 Ropers, Majeski, Kohn & Bentley DeForest & Koscelnik 26 (failed to exhibit oaths) (failed to exhibit oath) 27 1001 Marshall Street 3000 Koppers Building 28 Redwood City 94063 436 Seventh Avenue 29 CALIFORNIA, USA Pittsburgh 15219 30 PENNSYLVANIA, USA 31 32 Murphy Austin Adams Schoenfeld LLP Pillsbury Winthrop LLP 33 (failed to exhibit oaths) (failed to exhibit oaths) 34 P.O. Box 1319 400 Capitol Mall, Suite 1700 35 Sacramento 95812-1319 Sacramento 95814-4419 36 CALIFORNIA, USA CALIFORNIA, USA 37 38 Curiale Dellaverson Hirschfeld Quinn Emanuel Urquhart Oliver 39 Kraemer & Sloan, LLP & Hedges, LLP 40 (failed to exhibit oaths) (failed to exhibit oaths) 41 727 Sansome Street 201 Sansome Street, 6th Floor 42 San Francisco 94111 San Francisco 94104 43 CALIFORNIA, USA CALIFORNIA, USA

1 Motion Requesting a Routine Extension of Time 2 to Reply to the University Defendants: Page 5 of 10 1 Office of the General Counsel Paul Southworth 2 (failed to exhibit oaths) 2018 N. New Hampshire Ave. 3 University of California Los Angeles 90027 4 1111 Franklin Street, 8th Floor CALIFORNIA, USA 5 Oakland 94607-5200 6 CALIFORNIA, USA 7 8 Karl Kleinpaste Ram Samudrala 9 P.O. Box 1551 UW Micro Box 357242 10 Beaver Falls 15010 Seattle 98195-7242 11 PENNSYLVANIA, USA WASHINGTON STATE, USA 12 13 Laskin & Guenard Rivkin Radler, LLP 14 (failed to exhibit oath) (failed to exhibit oaths) 15 1810 South Street 1330 N. Dutton Ave., #200 16 Sacramento 95814 Santa Rosa 95401-4646 17 CALIFORNIA, USA CALIFORNIA, USA 18 19 Harvey Siskind Jacobs LLP Office of Solicitor General 20 (failed to exhibit oaths) 950 Pennsylvania Ave., N.W. 21 3 Embarcadero Center, Ste. 1060 Room 5614 22 San Francisco 94111 Washington 20530-0001 23 CALIFORNIA, USA DISTRICT OF COLUMBIA, USA 24 25 Register of Copyrights Steinhart & Falconer LLP 26 Library of Congress (failed to exhibit oaths) 27 101 Independence Avenue, S.E. 333 Market Street, 32nd Floor 28 Washington 20559-6000 San Francisco 94105-2150 29 DISTRICT OF COLUMBIA, USA CALIFORNIA, USA 30 31 Matheny Sears Linkert & Long LLP 32 P.O. Box 13711 33 Sacramento 95853-4711 34 CALIFORNIA, USA 35 36 37 [Please see USPS Publication #221 for “addressing” instructions.] 38 39 40 Dated: July 18, 2002 A.D.

41

42 Signed: 43 ______44 Printed: Paul Andrew Mitchell, Appellant In Propria Persona

1 Motion Requesting a Routine Extension of Time 2 to Reply to the University Defendants: Page 6 of 10 1 2 3 4 5 6 7 8 9 10 11 Attachment “A”: 12 13 Appellant’s LETTER OF TRANSMITTAL 14 15 to 16 17 United States Postal Inspection Service 18 United States Post Office (downtown) 19 San Diego 92101 20 CALIFORNIA, USA 21 22 Dated: July 16, 2002 A.D. 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 1 Motion Requesting a Routine Extension of Time 2 to Reply to the University Defendants: Page 7 of 10 1 LETTER OF TRANSMITTAL 2 3 4 TO: Postmaster 5 Attention: U.S. Postal Inspection Service 6 United States Post Office (downtown) 7 San Diego 92101 8 CALIFORNIA, USA 9 10 FROM: Paul Andrew Mitchell 11 Private Attorney General 12 13 DATE: July 16, 2002 A.D. 14 15 SUBJECT: Mail Theft and Vandalism Complaint 16 (USPS Form 2016) 17 18 19 Dear Postmaster: 20 21 Attached is my completed Mail Theft and Vandalism Complaint, as 22 provided to me yesterday by a member of your staff. 23 24 Also attached are documents supporting my charge of Mail Theft against 25 the following prime suspects: Ms. Teresa Giordano and Mrs. Darcy 26 Marshall. 27 28 I am writing this letter to provide you with additional insight into 29 the documents of evidence attached. 30 31 The sheet entitled “Prime Suspects” lists all of the latest addresses 32 and telephone numbers in my possession. 33 34 Also shown on that sheet is the name and address of the local Sheriff 35 who responded to my request for a civil standby, on the day prime 36 suspect Giordano ejected me from her office on 20 minutes notice. In 37 addition to stealing my labor, on that day she also stole my new “EBS” 38 bicycle. 39 40 My first clue that U.S. Mail was missing came from realizing that 41 several orders of mine, forwarding mail from several former addresses 42 to Box 281 in Murrieta, California, were never confirmed. Giordano 43 receives most of her business mail at that private mail service. 44 45 The addresses for which I submitted forwarding orders are shown with 46 check marks on the attached address list. 47 48 Then, the loss of additional U.S. Mail became an extremely serious 49 matter, when briefs from opposing attorneys in my federal copyright 50 case never arrived. Thus, you will please find the enclosed copies of 51 each PROOF OF SERVICE from:

1 Motion Requesting a Routine Extension of Time 2 to Reply to the University Defendants: Page 8 of 10 1  Cynthia Marie Aros, dated June 24, 2002 2  Stephanie C. Hart, dated June 24, 2002 3  Jennifer Rewers, dated June 24, 2002 4  Linda Gregg, dated June 24, 2002 5 6 Quite by chance, one defendant’s attorneys also mailed a second copy 7 of his brief to one of our eyewitnesses, who forwarded same to me 8 without any further delays. That extra brief alerted me to the fact 9 that my mail to Box 281 was not being delivered, or forwarded, to me, 10 despite the fact I had filed multiple forwarding orders with the 11 Postmaster in Murrieta. 12 13 When no other briefs arrived in my mail or in the mail of that 14 eyewitness for one full week after the June 24 deadline, I sent urgent 15 email to all attorneys whose briefs never arrived. A sample of that 16 urgent email is shown in my memo to Wesley C.J. Ehlers at the law firm 17 of Pillsbury Winthrop, dated July 1, 2002 A.D. 18 19 Finally, I have received additional confirmation from two clients who 20 have separately reported sending other mail that was never delivered 21 or forwarded to me, and who have now requested assistance of the 22 Postmaster in Murrieta, where Box 281 is located. 23 24 All evidence now attached strongly suggests that the mail recently 25 addressed to me at 40960 California Oaks Road, Box 281, Murrieta 26 92562, CALIFORNIA, USA, has been stolen by Teresa Giordano, possibly 27 aided and abetted by Mrs. Darcy Marshall. Some of that mail contained 28 U.S. Postal Money Orders intended for me in payment for my 29 professional services. 30 31 It is now painfully obvious to me that the obstruction of 32 correspondence and of my legal mail was timed to coincide with the 33 deadline for replying to the attorneys’ briefs in our copyright case 34 against AOL and numerous other defendants. 35 36 Postmaster, please allow me to take this opportunity to express my 37 sincere appreciation to the U.S. Postal Inspection Service, for any 38 assistance you can provide in this matter. 39 40 I am prepared to press charges against Teresa Giordano. 41 42 Sincerely yours, 43 44 /s/ Paul Andrew Mitchell 45 46 Paul Andrew Mitchell, Plaintiff 47 Mitchell v. AOL Time Warner, Inc. et al. 48 49 U.S. Mail: 50 51 c/o 500 West Broadway, Box 428 52 San Diego 92101 53 CALIFORNIA, USA

1 Motion Requesting a Routine Extension of Time 2 to Reply to the University Defendants: Page 9 of 10 1 copies: 2 3 Cathy A. Catterson, Clerk of Court 4 U.S. Court of Appeals for the Ninth Circuit 5 P.O. Box 193939 6 San Francisco 94119-3939 7 CALIFORNIA, USA 8 9 Judge Alex Kozinski (supervising) 10 U.S. Court of Appeals for the Ninth Circuit 11 P.O. Box 91510 12 Pasadena 91109-1510 13 CALIFORNIA, USA 14 15 Susan Handelman, Attorney 16 Ropers, Majeski, Kohn & Bentley 17 1001 Marshall Street 18 Redwood City 94063 19 CALIFORNIA, USA 20 21 Daniel Scott Schecter, Attorney 22 Latham & Watkins 23 633 West Fifth Street, Suite 4000 24 Los Angeles 90071-2007 25 CALIFORNIA, USA 26 27 Ranjitsinh Mahida, Attorney 28 Harvey Siskind Jacobs LLP 29 Three Embarcadero Center, Tenth Floor 30 San Francisco 94111 31 CALIFORNIA, USA 32 33 Wesley C.J. Ehlers, Attorney 34 Pillsbury Winthrop 35 400 Capitol Mall, Suite 1700 36 Sacramento 95814-4419 37 CALIFORNIA, USA 38 39 Dr. John C. Alden, M.D. (eyewitness) 40 350 – 30th Street, Suite 444 41 Oakland 94609-3426 42 CALIFORNIA, USA

1 Motion Requesting a Routine Extension of Time 2 to Reply to the University Defendants: Page 10 of 10