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San Joaquin County Hospital V Dr. Sheikh 1st Petition For Enbanc Hearing
San Joaquin County Hospital V Dr. Sheikh 1st Petition For Enbanc Hearing
3 Rehan Sheikh
1219 W. El Monte Street
4 Stockton, California 95207
5 Telephone:
[email protected]
6
IN THE UNITED STATES COURT OF APPEALS
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FOR THE NINTH CIRCUIT
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CA9 No: 17 – 1 6 5 8 6
9
FRAP 35
10
San Joaquin County General PETITION FOR EN BANC HEARING –
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Hospital Multiple order(s) dated Jan 22, 2018 and other
12 Plaintiff & Appellee
1) Need for Uniform ERISA
13 v.
Preemption– Re San Joaquin
14 Farzana Sheikh M.D. and Rehan
County & Cisco Systems
15 Sheikh
Respondent(s) & Appellant
16 2) Conspiracy and San Joaquin
17 County
18
20 Burrell
21
22 The 9th Circuit, like the Court below, rushed to close the court door on Appellants. The Court
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records demonstrate that Appellee have not filed any opposition or any Motion to Remand. No Judge
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has held any hearing or ruled on any of arguments. The En Banc consideration is necessary to
25
restore Right to Judicial process and to restore Access to Justice.
26
27
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9 has continued due to systematic denial of Access to Justice; as the Court is denying
10 Judicial process. This is another lawsuit by San Joaquin that is obviously malicious
11
and is removed to the federal court. The record shows no Motion to Remand filed by
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San Joaquin; No United States Judge held any Jurisdictional or Evidentiary or
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cursory hearing. Yet electronic orders arrived via internet with names of Judges
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16 lower court without any legal or factual guidance on any of the matters including
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the following;
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A. Appellant’s Right to Jury Trial as clearly stated in the Notice of Removal.
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B. The specific Local Rules of District Court are unconscious, or unconstitutional
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21 and deny access to Justice as no Judge holds any hearing. Governor is giving
22 money to illegal aliens for Access to Justice but denies such money to lawful
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Americans.
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C. Ruling Janta of San Joaquin County is taking people’s property without a judge
25
order via a court stamp as many such courts stamps are in circulation.
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Petition for En Banc– 3rd Removal – San Joaquin County Hospital v. Farzana Sheikh, M.D.
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4 Table of Contents
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I. PRIMARY ISSUES IN THIS LITIGATION ..................................................................... i
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7 II. The Court should grand this Petition for En Banc ........................................................ 1
8 III. Denial of Judicial Process by United States Courts via Orders ................................. 1
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IV. San Joaquin’s Hospital’s another malicious Lawsuit.................................................... 3
10
13
14 V. JURISDICTION..................................................................................................................... 5
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25
26
27
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Petition for En Banc– 3rd Removal – San Joaquin County Hospital v. Farzana Sheikh, M.D.
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9 to restore Access to Justice BOTH at local san Joaquin county court and
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III. Denial of Judicial Process by United States Courts
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1. This Court and the Court below has relied on vague orders to deny the Judicial
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process and to deny access to Justice.
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22 2. The district Court via hon. Gerald Burrell abused his discretion or exhibited
28 cannot be heard by the local county court for lack of Jurisdiction. Any Judge of
Petition for En Banc– 3rd Removal – San Joaquin County Hospital v. Farzana Sheikh, M.D.
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9 This is yet another matter where appellees/ San Joaquin County Hospital,
10 while acting under color of state law, is defying the United States Courts by its
11
Failure to Appear in the Court. The honorable Commissioner noted in the
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order “there is no appearance by appellee”. Appellee’s inaction is intentional,
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disrespectful to the United States Court(s) and is meant to deprive Appellant
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access to the Court; a forum to resolve differences. The Hospital did not file
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16 any opposition to the complaint and this is reasonably believed that appellees/
17 Hospital do not dispute any of the allegations. In such matter this Court may
18 issue default judgment to Appellant or grant any other relief so the family can
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proceed with their careers and lives. This Court may compel Hospital’s
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appearance by issuing a briefing schedule and by setting a hearing date.
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5. Appellants received an order Dated Jan 22 via internet by with the name of
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23 three respectable Judges who have chambers in different cities. In their order,
24 the court again indicated to review unspecified records but never held an
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evidentiary hearing. The court did not address the lack of judicial process that
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27 1
As Hon. Alex Kozinski Ex Judge suggested “Judges look the other way” in his famous video Re_ Johnny
Baca v Derral Adams (CA 9; 13-56132) (Jan 2015).
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Petition for En Banc– 3rd Removal – San Joaquin County Hospital v. Farzana Sheikh, M.D.
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3 has been denied. The order from this Court dated Jan 22 introduced another
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new term ‘insubstantial’ without any hearing what constitutes substantial or
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‘insubstantial’. What is reference that panel considered; tens or hundreds of
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thousand dollars could be insubstantial for some. San Joaquin Hospital does not
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15 has continued due to systematic denial of Access to Justice. This is yet another
16 malicious lawsuit that San Joaquin has directly filed against Appellants. This
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case is another example where this court has rushed to close the door giving
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waiver to state actors who have engaged in above referenced scheme.
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25 San Joaquin that includes to cover up the evidence and to permanently deny
26 federal ERISA money that San Joaquin owes to Petitioners. Even a cursory
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hearing by United States Court will expose motives of ‘hospital’.
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Petition for En Banc– 3rd Removal – San Joaquin County Hospital v. Farzana Sheikh, M.D.
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3 8. A few years ago, in a hearing before Eastern District of California, Mr. Mark
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Myles admitted that “San Joaquin” owed ERISA money. According, this lawsuit
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relates to administration of ERISA requires application of ERISA complete
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preemption doctrine.
7
8
B. ERISA Preemption - Cisco Systems
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9. Over a decade ago, the Petitioner filed a state law Civil Rights action against
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Cisco Systems in a local county court in the silicon valley (Rehan Sheikh v Cisco
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12 Systems CA9 No; 10 – 17098 (2012) . The Cisco removed that action to the
13 United States court alleging ERISA Preemption even when alleged ERISA
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benefits had been previously resolved via a state litigation because those
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benefits were governed via state law. In that matter, the United States Court on
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its own exercised supplemental Jurisdiction over all state law claims.
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18 10. In this matter (San Joaquin), If somehow a united states judge determines that
19 this lawsuit does not ‘relates to’ or involves administration of ERISA, then in
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order for uniform procedure, the court can exercise supplementary jurisdiction
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over all state law claims.
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11. The En Banc Court needs to address this fundamental matter to uniformly apply
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24 ERISA preemption the 9th Circuit Court of Appeals and in order to prevent the
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V. JURISDICTION
8
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A. United States District Court
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12. The District Court has original Jurisdiction of ERISA sections under 29 U.S.C. §
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1132(E). Removal jurisdiction exists pursuant to 28 U.S.C. § 1441(b).
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14 14. Civil Rights Jurisdiction; District Court has Civil Rights Jurisdiction under 28
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U.S.C. § 1443. Removal Jurisdiction exists pursuant to 28 U.S.C. § 1343. The
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case presents federal question arising under 42. U.S.C. § 1983. Removal
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Jurisdiction exists pursuant to 28 U.S.C. § 1331, 28 U.S.C. § 1332 and 28 U.S.C.
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19 § 1343.
26 applicable in this matter. In United States v Guest 383 US 745 (1966) the Court
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clarified nature of Rights or privileges covered under the statue and noted;
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Petition for En Banc– 3rd Removal – San Joaquin County Hospital v. Farzana Sheikh, M.D.
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3 We have made clear in Price that when § 241 speaks of "any right or
4 privilege secured . . . by the Constitution or laws of the United
9 C. Standard of Review
10 18. The applicable Standard of Review is de novo and no such review has been
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granted by this Court so far. We also review the removal of the case from state
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court to federal court de novo. Emrich v. Touche Ross & Co., 846 F.2d 1190, 1194
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14 (9th Cir. 1988). United Brotherhood of Carpenters And Joiners Of America, (9th
15 Cir. 2014).
16 19. In a recent Court decision where Eastern District declined Jurisdiction, Ricky
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Henry v Central Freight Lines (CFL) CA9 17-15993, a three Judge panel of this
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Court noted (P4) “Reviewing the district court’s remand order de novo”. Because
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21 reversed and remanded. The Court concluded, “We therefore reverse and remand
22 with the instruction to the District Court that CFL has established CAFA
23
jurisdiction”.
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20. In the absence of any evidentiary hearing or Jurisdictional discovery, Appellants
25
26 only needs to make a prima facie case showing jurisdictional facts and they have
27 done so.
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Petition for En Banc– 3rd Removal – San Joaquin County Hospital v. Farzana Sheikh, M.D.
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3 “Although the burden is on the plaintiff to demonstrate that the court has
4 jurisdiction over the defendant, in the absence of an evidentiary
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VI.Contested Local Rules of Eastern District of California
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10 21. The Local Rules of Eastern District of California that deny Constitutional Right
12 oppressed class of individuals. Local Rules discriminate Rich and Poor and deny
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poor Access to Justice who cannot spend money to afford attorney.
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22. As Senator Kamala Harris tweeted on Dec 26, 2016 quoting Frederick Douglass’
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17 Before the law, there should be no rich, no poor, no high no low, no white,
18 not black but common country common citizenship equal rights, and a
19 common destiny.
23. Plaintiff seeks a declaratory relief that Local Rules 302, and 303 including but
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21 not limited to Local Rule 302 (c) (21) are unconstitutional. The Local Rules deny
22 hearing to a select class of individuals before an Article III Judge. Hon. Garland
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Burrell of the District Court did not present any opposition.
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VII. San Joaquin Hospital can file a Motion to Remand
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24. As San Joaquin believed that the United States Courts have Jurisdiction over
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28 this matter, so it did not file a Motion to Remand. It was very convenient for
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13 the judiciary in Article III of the Constitution. In this case, the two most relevant
20 26. Obviously San Joaquin has not filed the Motion to Remand is a telling sign that
21 the specific issues raised, factual and legal arguments mandate a hearing in the
22 United States Court. In such circumstances, there is no justification to Remand
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this matter to local county court.
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9 VIII. How Ninth Circuit Court of Appeals can Restore Access to Justice
10 29. The Court can take simple steps; e.g. The Court can grant a Jurisdictional
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Hearing and evidentiary hearing. The Court can issue a briefing schedule and
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set up a hearing date so that San Joaquin Hospital can present its opposition.
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IX. PRAYER
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16 30. Appellants respectfully asks the Court to grant this Petition, vacate district
17 court’s order to Remand to county court and restore this matter to the
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appropriate federal court calendar.
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Respectfully Submitted;
21
23 ----------------------------------
Rehan Sheikh and
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Date: February 5, 2018 Farzana Sheikh M.D.
25 Appellant(s)
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Petition for En Banc– 3rd Removal – San Joaquin County Hospital v. Farzana Sheikh, M.D.
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Case:
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Defendants-Appellants.
A review of the record and the response to the August 15, 2017 order
indicates that the questions raised in this appeal are so insubstantial as not to
require further argument. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir.
AFFIRMED.
Case:
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Defendants-Appellants.
August 15, 2017 order to show cause is denied (Docket Entry No. 3).
Within 21 days after the date of this order, appellants may file a response to
the August 15, 2017 order to show cause. Appellants may elect to file an opening
brief in lieu of a response to the August 15, 2017 order to show cause. A panel of
three judges will determine whether to summarily affirm the district court’s
remand order based on the response or opening brief submitted. See 9th Cir. R. 3-
DA/Pro Se
Case:
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filing of either a response to the August 15, 2017 order to show cause or an
opening brief.
If appellants do not comply with this order, this appeal will be automatically
dismissed by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. If appellants
submit a response to this order other than a response to the order to show cause or
opening brief, the court may summarily affirm the district court’s remand order
based on the record in the district court without further opportunity to respond.
DA/Pro Se 2