Wednesday, July 22, 2009

AFFIDAVIT OF SOPHIA STEWART IN SUPPORT OF OBJECTION

SOPHIA STEWART
P.O. Box 31725
Las Vegas, NV 89173

IN PROPRIA PERSONA
IN THE UNITED STATES FEDERAL DISTRICT COURT
CENTRAL DISTRICT, STATE OF UTAH
SOPHIA STEWART,
Plaintiff,
v.
MICHAEL T. STOLLER, JONATHAN LUBELL, DEAN WEBB, GARY BROWN and JOHN DOES I through X, individuals whose identities are not yet known,

Defendants.

AFFIDAVIT OF SOPHIA STEWART IN SUPPORT OF OBJECTION AND RESPONSE TO JONATHAN LUBELL, GARY BROWN, DEAN WEBB, AND MICHAEL STOLLER’S OBJECTION TO MOTIONS AND MEMORANDUMS FOR DEFAULT OF JUDGMENT AND MOTION TO STRIKE

Case No. 2:07cv00552
Magistrate John C. Wells

Sophia Stewart declares:
1.I have personal knowledge of the matters set-forth in this Affidavit.
2.The Plaintiff asserts that Defendants’ Lubell, Webb, Brown, and Stoller “Maliciously” in a “Premeditated Diabolical Fraudulent Scheme” operated in “Consort” to “Prepare” and “Submitted” a plethora of “Fraudulent Admissions” on my behalf to the California Federal court without my knowledge and thereafter willfully conspired to conceal the same to circumvent my “Inalienable Rights Of Ownership,” thus constituting “Intrinsic Fraud.” Stoller, Brown, Lubell, and Webb, as well as, Judge Morrow are Church of Scientologist lawyers and should have disclosed their “Conflict of Interests,” “Withdrawn as Counsel,” including “Recusal;” however, said parties chose to secretly conceal this information, as Defendants trampled on my Civil and Constitutional Rights. I did not “Prepare” or “Submit” any of the Fraudulent “Admissions” listed below into the U.S. District Court of California, Case No.: CV-03-2873 MMM (VBXx):
“PREPARATION OF FALSE AND FRAUDULENT EVIDENCE TO JUDICIARY / JUDICIAL LYNCHING”
“Stewart’s admissions establishes that: (1) no person at Fox was involved in any way in creating , writing, developing or producing Terminator 1, 2, and 3; (2) Stewart has no factual basis or evidence to support the allegation that Fox provided Cameron a copy” of the treatment or the 47 – page manuscript; (3) Stewart “ha[s] no factual basis or evidence to support the allegations that Fox provided Hurd a copy” of the treatment or the 47 page manuscript; (4) Stewart “ha[s] no factual basis or evidence to support the contention that Fox provided any person connected with” Terminator 1, 2, and 3 a copy of the treatment or the 47 page manuscript; (5) Cameron did not have access to the treatment or 47 page manuscript; (6) and Hurd did not have access to the treatment or the 47 page manuscript. (Pg. 14, Lines 1 – 7)
CONSPIRACY TO PREPARE FALSE EVIDENCE TO DEFRAUD BY INTERFERENCE WITH GOVERNMENT FUNCTIONS
“The admission establish that: (1) no one at Warner Bros. had access to the six page movie treatment or 47 page manuscript prior to creation of Matrix 1; (2) Larry Wachowski and Andy Wachowski did not place an advertisement soliciting works of science fiction in a national magazine; (3) Stewart never submitted the treatment or 47 page manuscript to Larry Wachowski, Andy Wachowski, Silver or Bloom; (4) Larry Wachowski and Andy Wachowski, Silver and Bloom did not have access to the six page movie treatment or the 47 page manuscript prior to the creation of Matrix 1, 2, 3; and (5) Larry and Andy Wachowski independently created Matrix 1, 2, and 3. Stewart also admitted that no one connected with Matrix 1, 2, and 3 had access to the treatment or the 47 page manuscript.” (Pg. 24, Lines 13-19 & Pg. 48, Lines 1 – 2, Judge Morrow Court Order)
CONSPIRACY TO PREPARE FRAUDULENT /FALSE EVIDENCE TO JUDICIARY & JUDICIAL LYNCHING
“Stewart has admitted that Terminator 1is neither striking nor substantially similar to “The Third Eye” that Terminator 2, is neither striking nor similar to “The Third Eye,” and that Terminator 3 is striking nor similar to “The Third Eye. Stewart has also admitted that the protectable expression in “The Third Eye” is not substantially similar to the protectable expression in any of Terminator 1, 2, and 3.” (Pg. 41, Lines 1 – 9, Judge Morrow Court Order)
“Stewart’s admission that the 47 page manuscript is not substantially similar or strikingly similar necessarily encompasses any similarities found in the synopsis .” (Pg. 42, lines 6-7, Judge Morrow Order); (Exh. T, Terminator DVD); (Exh. T2, Terminator II); (Exh. T3, Terminator (Exh. M, Matrix DVD); (Exh. M2, Matrix Reloaded,) (Exh. M3, The Matrix Revolution DVD); (Exh. Total Recall DVD)
“Stewart has also admitted that the protected expression in “The Third Eye” is not substantially similar to the protected expression in any of Terminator 1, 2, and 3. (Exhs. Pg. 41, lines 8 – 9, Order Dismissing Case.)
“Stewart admission that the 47 page manuscript is not substantially or strikingly similar necessarily encompassing any similarities found in the synopsis. Here admissions, therefore, establish that there are no striking similarities between the works. (Exh. Pg. 42, lines 5-8, Order Dismissing Case)
3.Attorney General of Florida brought forth “Indictments” against Michael T. Stoller who is the Owner of Mortgage Assistance Solutions llc, case no. L06-3-1014. [See: Los Angeles Bar Association Complaint number former “Government Federal Post Office worker” - Keith & Danielle Hardesty, 08014737 dated April 13, 2009 – Caused the Homelessness of a “Government Federal Post Office Worker” and his family with 8 children that are now all dispersed and living in a car in Pasadena and across different homes throughout the U.S..]; (http://www.mortgagefraudblog.com/index.php/weblog/permalink/idaho_bans_florida_foreclosure_rescue/);(Colannino v County of L.A., BC413089); (Exhs. 110, 111, Idaho Bans Florida Foreclosure Rescue, Michael T. Stoller) (Exhs. 114, 115) Enclosed herewith, you shall find further misconduct by Dean Browning Webb for a rambling lawsuit. (Exh. 116) Michael Stoller had 72 counts of Mortgage fraud, $2 million dollars in penalties and fees, and he is banned from practicing law in Texas, Florida, and Illinois. The attorney general of Illinoise Lisa Madigan brought indictments against Stoller.
The Conversion of “The Third Eye” into the “The Terminator”
4.I wrote a treatment for a motion picture regarding a post nuclear war fight between man and machine conscious organisms without feelings or empathy and completed it on May 1, 1981. Upon completion of the treatment, I sent the document to the Vice President of Creative Affairs of Twentieth Century Fox, Susan Merzbach before May 6, 1981. On May 12, 1981, just days after it was submitted, Corman’s public relations and marketing assistant, Gale Ann Hurd, a graduate of Stanford University, started Pacific Western Productions, Inc. in California.
5.The only story that was worked on by Pacific Western Productions from May of 1981 through October of 1984 had to do with a post nuclear war fight between man and machines appearing to be as men called cyborgs. Through Fox, New World Productions had access. Through New World Productions, Pacific Western Productions, Inc. had access to my treatment called the “Third Eye”.
6.By virtue of “Access,” the aspect of The Terminator and Matrix that are substantially similar to my copy written work of The Third Eye is the first minute and 45 seconds of the first film produced by Pacific Western Productions, Inc. It began with video dialogue that reads on my screen treatment, The Third Eye, but appears nowhere in the screenplays of James Cameron from July of 1982 through February 3, 1984 when its written version was registered under Pau-584-564.
7.This significant evidence in the screenplay is extraordinarily significant since that it is the first section of film footage produced by Pacific Western Productions.
The police officer answered Kyle Reese
"What day is it?"
“May 12th."
8.It is the day when the Terminator sought to take out Sarah Connor in the film. It is the actual day when Gale Anne Hurd set out to take out all of my intellectual property rights so that their production group would not experience the theater prejudice that had been previously experienced by Roger Corman of New World Productions, Inc. when he made "The Intruder", a film about racial desegregation in the sixties.
9.Racial discrimination by concerted action is a federal offense under 18 U.S.C. 241. The failure to disclose a true Author on a copyright registration is a violation of 17 U.S.C. 201, 18 U.S.C. 1001, and 17 U.S.C. 506. The combination and conspiracy against trade by prior anyone is a federal “Antitrust crime” under 15 U.S.C. 1. You can not overcome a criminal act by taking the copyright of an African American and then trying to impose the Dred Scott decision on me as if I was a pre-civl war slave who had no rights that a White was bound to respect. Dred Scott v. Sanford has been a nullity in the United States at least since the 1868 adoption of the Fourteenth Amendment that gave such persons citizenship. The willful deprivation of my copyright rights is an offense under 18 U.S.C. 241 and 18 U.S.C. 1001.
10.When my work was commercially sold without recognizing my authorship or entitlement to share in the revenue, James Cameron, Gale Ann Hurd, and Hemdale Films, Pacific Western Productions, Carolco Pictures, Mario F. Kassar, Andrew G. Vajna, Andy Wachowski, Larry Wachowski, and Fox, Inc. knowingly and willfully engaged in copyright infringement within the meaning of 17 U.S.C. 506. The first minute and 45 seconds of the film entitled the "Terminator" actually comes from my May 1, 1981, copy written treatment that was sent to Fox between May 1, 1981 and May 7, 1981. Gale Hurd through Roger Corman of New World Productions, Inc. commenced her company on May 12, 1981 to terminate my intellectual property rights. Substantial similarity is supported under 17 U.S.C. 106, 17 U.S.C. 501, 17 U.S.C. 506, and 18 U.S.C. 1001.
Access and Substantial Similarity Automatically Support a Finding of Infringement
11.In Dezendorf v. Twentieth Century Fox, the court held that the theft of an unpublished work that is then placed in a final commercial work of another without the consent of the prior author is evidence of infringement.
12.The authorship for the registration dated February 3, 1984 under the names of James Cameron and Gale Hurd is a false statement in that they willfully failed to disclose my contribution being the sole author of “The Third Eye,” of which, makes me the only “Author” of “The Terminator” and the “Matrix” movies and sole Owner of the Copyrights.
13.Yes, it is true that neither James Cameron nor Gale Anne Hurd represented in the screenplay registered with the Writer’s Guild in July of 1982 or the final draft submitted to the copyright office in February of 1984 that they authored the language that describes the visual dialogue shown in the first minute and 45 seconds. This visual dialogue shown in the first 1 minute and 45 seconds is hidden in plain sight. If you do not compare the movies with my work, then you would have missed this significant issue. This primary issue would have won me the California judgment. This is the reason why the Defendants operated in consort to obstruct the six films of the “Terminator,” “Matrix,” and six page movie treatment “The Third Eye” from being entered into court evidence. This description is evidence of the intent of the parties to engage in willful copyright infringement within the meaning of 17 U.S.C. 506 (e).
EXT. School yard – Night 2
14.Frame comes to rest on the figure of a naked man kneeling, faced away, in the previously empty yard. He stands slowly. This man is in his late thirties, tall and powerfully built, moving with graceful precision. The first minute and 45 seconds of the film includes visual dialogue that is not written into the first, second, third, fourth, or fifth draft of the screenplay. Actual depiction of the introduction of the Terminator Film does not include the cat, the war scene, or the statement overlay.
15.On April 29, 2005, Motion for Summary Judgment submitted to the Court by Bruce Isaacs, Legal Counsel of the Defendants in the California Court, Case No. CV-03-2873 MMM (VBKx), he did not disclose to the court, nor did Lubell, Webb, Brown, and Stoller disclose the following facts:
1) that the first minute and 45 seconds of the film does not read on the screenplay by Cameron and Hurd;
2) that the first minute and 45 seconds of the film does read on the treatment by Sophia Stewart dated May 1, 1981;
3) that the May 1, 1981 treatment was sent to Fox before May 7, 1981;
4) that the May 1, 1981 treatment was transferred from Fox to Roger Corman of New World Pictures prior to May 9, 1981;
5) that Gale Hurd, Corman's assistant, started Pacific Western Productions on May 12, 1981 while James Cameron was in Italy and did not know about the May 1, 1981 treatment;
6) Cameron was required to play along with Hurd to get the opportunity to write and direct the project based upon Stewart's work product.
7) that the first minute and 45 seconds of the Terminator and Matrix movie introductions reads verbatim upon my treatment The Third Eye, including the characters are conclusive with investigative findings of the FBI.
15. The Defendants knowingly and willfully failed in their legal responsibilities to timely file “Default of Judgment” against Andy and Larry Wachowski, because the Wachowskis never responded to the Summons, and the First Amended Complaint. (Exhs. 215, 216)

16. Dean Webb “Sexually Harassed” me with numerous phone calls. Webb contacted me at “Wee-Hours” of the night inappropriately using explicit “Sexual language.” Right after Judge Morrow’s ruling of the dismissal of the RICO claims without prejudice with leave to amend, Dean Webb immediately abandoned the case after he sabotaged it, and I did not receive any more phone calls:
Dean Webb:
“Here is my picture, taken around 4:00 p.m., this afternoon by my brother Rob=rt. I told you I needed my hair cut, and I “Wetted down my hair” (“Emphasis Added”) and “Pulled off my Glasses!” “Hope your not disappointed.” (“Emphasis Added”) “Next time I'll wear a suit and tie!” (“Emphasis Added”); (Exhs. 217, 218)
17. In light of “Demeaning and Derogatory” comments by Dean Webb, Michael Stoller, Gary Brown, and Jonathan Lubell it would be a “Gross Miscarriage of Justice” for the Court to allow the Defendants to further “Impugn the Integrity of the Court” through willful acts of “Perjury,” “Slander, “Libel,” and “Retaliation.” These are the reasons why, I should be granted Default of Judgment.
PRAYER FOR JUDGMENT
18. WHEREFORE, Plaintiff prays for judgment against Defendants, and each and everyone of them, jointly and severally as follows:
1)Compensatory Damages
2)Recovery of Reasonable Attorney Fees and Costs arising
3)Punitive Damages
4)For such further and other relief as the court deems just and proper
I declare under the penalty of perjury that all of the forgoing is true and correct to the best of my knowledge and belief.









DATED this__13___ day of July, 2009

Submitted,



_____________________________ SOPHIA STEWART


STATE OF _____________ )
):ss
COUNTY OF ___________ )

On the _______ day of Affidavit, July 2009, personally appeared before me Sophia Stewart, the signer of the foregoing Affidavit, who duly acknowledged that he executed the same.
_____________________________
Notary Public
My Commission Expires: _________


CERTICATE OF MAILING
I hereby certify that on this __13____ day of July 2009, I caused to be mailed via first class U.S. mail, postage pre-paid, a true and correct copy of the foregoing S. Stewart Objection & Response + Memorandum in Support + Declaration in Support of Objection + Exhs. A, B, T, T2, T3, M, M2, M3, M4, 135, 136, 137, 138, 139, 140, 141, 145, 146, 147, 148, 149, 150, 151, 152, 153, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 175, 176, 177, 180, 181, 190, 191, 194, 197, 200, 201 , 205, 206, 215, 216, 217, 218, 225, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243 to the following:

Jonathan Lubell
1325 6th Ave.
28th Floor
N.Y., New York 10019
212-763-8550

__X__U.S. Mail
_____Facsimile
_____Electronic Transmission
_____Hand-delivery
_____Other

Michael Stroller
Attorney at Law
9454 Wilshire Boulevard, Suite 500
Beverly Hills, California 90212


__X__U.S. Mail
_____Facsimile
__X__Electronic Transmission
_____Hand-delivery
_____Other

Gary Brown
One Fair Oaks Avenue, Suite 301
Pasadena, California 91105


__X__U.S. Mail
_____Facsimile
_____Electronic Transmission
_____Hand-delivery
_____Other

Kathleen Liuzzi
DUNN & DUNN, PC
505 East 200 South 2nd Floor
Salt Lake City, Utah 84102

__X__U.S. Mail
_____Facsimile
__X__Electronic Transmission
_____Hand-delivery
_____Other
c/o Court Clerk
United States District Court,
District of Utah.
350 South Main Street, Room 150,
Salt Lake City, UT 84101.
(1 Original & 2 Copies)

__X__U.S. Mail
_____Facsimile
_____Electronic Transmission
_____Hand-delivery
_____Other
I declare under the penalty of perjury under the laws of the State of Utah that the above is true and correct.
Respectfully Submitted,



Sophia Stewart

No comments: