SOPHIA STEWART’S MEMORANDUM 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.
SOPHIA STEWART’S MEMORANDUM OF POINTS AND AUTHORITIES 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 BRUCE C. WELLS

MEMORANDUM OF POINTS AND AUTHORITIES

“Because Stewart has not submitted copies of the Matrix films in opposition to the defendants motion for summary judgment, these comparisons can not be made.” (Exh. 198, Judge Morrow Court Order, pg. 49, lines 1-2); (Exhs. 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, Copyright Infringement /Comparisons by Jonathan Lubell Memo to Dean Webb, dated Oct. 12, 2004)

Brown, Webb, Stoller, and Lubell, “Fraudulently” Billed Stewart $284.50 dollars to acquire copies of the DVDs, CD, movies and musical soundtracks from local stores; in order, to submit said evidence into Court record. How can Brown, Webb, Stoller, and Lubell fraudulently collect nearly $50,000 dollars in legal fees, and expenses and thereafter “Admit” in a Federal Court to not have performed legitimate legal services? (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. B, “The Third Eye, 45 Page Manuscript); (Exh. 39, Padded Bill, “Best Buy, DVDs of Matrix Terminator “for Court filing of Mtn. to Reconsider, dated June 22, 2005”); (17 U.S.C. 106, 17 U.S.C. 501, 17 U.S.C. 506, and 18 U.S.C. 1001)

“By failing to proffer the alleged infringing films for the comparison with her work, and by failing to adduce any other admissible evidence of striking similarity she has failed to satisfy that burden.” (Exh. 198, Judge Margaret Morrow Court Order, Pg. 49, lines 5-7)

FRAUD / IMPEACHED TESTIMONY
Gary Brown:
“Further, she “Never Paid” me “Anything.” (“Emphasis Added”); (Docket 73, Gary Brown Opposition to Application For Default of Judgment and Request for Judicial Notice, pg. 2); (Exhs. 44.1, 44.2, Padded Bill Gary Brown)

“Our “Main Job” (“Emphasis Added”) now is “carefully assembling evidence” (“Emphasis Added”) and helping you prepare for a deposition.” (Exh. 225, Brown Memo, dated “October 30, 2004”)

“I don’t want us to become “Discredited” (“Emphasis Added”) by an “Unauthorized Move.” (Exh. 225)

FRAUD, FRAUD AND MORE FRAUD

“Thanks for sending money.” (“Emphasis Added”); (Exh. 225, Brown Memo, dated “October 30, 2004”)



“AFFRIMATION OF ACCESS”

“Whether the Matrix film was written “before” (“Emphasis Added”) or after October 26, 1993, has no relevance to the issues in the case, however, as Wachowski “Admits” (“Emphasis Added”) that the film was written in 1993, “after Stewart’s purported submission of the “Third Eye” to “Him,” and his brother in 1986.” (Exh. 198 , Judge Morrow Court Order, pg. 49, lines 25-27); (Caperton v. Massey, 08-22)

TERRORIST THREATS AGAINST LEGAL COUNSEL
18 U.S.C. 241 / RICO
Gary Brown:
“I also assure the Court that I have never “Intended” (“Emphasis Added”) to bother Mr. McBride about his representation of Ms. Stewart.” (Exh. 121)

SUBVERTING GOVERNMENT BUSINESS /ASCENTING IN CONSORT TO FRAUDULENT “EXTORTION LIENS” WITH CALCULATED FORETHOUGHT TO SCARE OFF ATTORNEYS

Jonathan Lubell:

“Affiant has not been involved in any activity which would have compromised or scared off attorneys.” (Docket 72, pg. 13); (Exhs. 21, 22, 63, 115, 116) (Uwe Geertz, Steven Fishman vs. Johnathan Lubell, Margaret M. Morrow, Judge, No. BC 122 468, dated 25 Dec 1995, Super. Crt., Cal., Cty., LA) - “Malicious Prosecution Complaint / Deprivation of Right to Counsel”)

PERJURY UPON THE COURT
CONSPIRACY TO COMMIT INTRINSIC FRAUD

Jonathan Lubell:
“Here is a draft of approximately half of our Initial Disclosure required under Rule 26(a), F.R.C.P. The full draft should be completed within 2 days! Your comments would be appreciated.”
“Gary, as we discussed, please send a letter to defendants' attorneys complaining about their “failure to “describe” the subjects of the information that their “witnesses” have.” (Exhs. 200, 201, Email Acknowledging Judy Neulak dated November 9, 2004)
INTRINSIC FRAUDULENT / PREPARATION OF FRAUDULENT DOCUMENTS TO JUDICIARY
“Finally, basic to Stewart’s claim against Affiant is the undeniable fact that Affiant had no “knowledge,” communications, agreements, negotiations, “involvement” or any “other relationship” with “Pacific Western Production” or its representatives. Whatever Stewart may imagine, Pacific Western Production was doing, Affiant was not involved.” (Exh. 11); ((Docket 72, pg )
How can it be justified that the Defendants Fraudulently Schemed to collect $50,000 dollars for legal services not performed from Stewart, and now has admitted to a Federal Court “No obligation” “knowledge” “communications,” and specifically “No Involvement” specifically with “Pacific Western Productions?” (Exh. 11); Buchwald v. Paramount Pictures, 1990 WL 357611 (Cal. Superior); (Dennis v. Sparks, 449 U.S. 24 (1980); (U.S. v. Cross, 128 F.3rd 148 (3rd Cir. 1997)); Caperton v. Massey, 08-22, The Ku Klux Klan Act of 1871)
INTRINSIC FRAUDULENT STATEMENTS / PERJURY STATEMENTS/IMPEACHED TESTIMONY
Response: “Affiant was not involved in drafting any complaint or claim against Pacific Western Production or in “Considering” the “Making” of any such claim. During the period when Affiant was attorney for Stewart, he never “Heard” or “Received” any “Statement, Comment, or Written Communication” from Stewart referring to making any claim against Pacific Western Production. There is no evidence that Stewart said anything about making such a claim or failure to make a claim. (Docket 72, pg. 10); (Exh. 11); (Exh. A, Stewart Civil Complaint)
The Defendants’ rendered Stewart equivalent to Dred Scott, in that she had no “Inalienable Rights” of “Ownership” in which a White man was bound to respect. The Defendants adopted President Andrew Johnson’s April 1866 “Black Codes” that obstructed her ability as an African-American from testifying against the Jewish members and gentile White men and women for “Theft” of Stewart’s Terminator and Matrix copyrights. Stewart in accordance with Judge Morrow asserts and affirms the Defendants Brown, Webb, Stoller, and Lubell having received nearly $50,000 dollars thereafter “Maliciously” drafted an “Inconsistent Complaint” that was designed to omit “significant” evidence on the issue of guilt against James Cameron, Gale Ann Hurd, and Pacific Western Productions, Larry Wachowski and Andy Wachowski thus amounting to “Intrinsic Fraud” and Constitutional and Civil Rights violations:
PREPARATION OF FRAUDULENT DOCUMENTS
“Stewart’s admissions conclusively establish that Cameron, Hurd, “Nor Any Other Person Connected with the Terminator” 1, 2, and 3 had access to the six page treatment or the 47 page Third Eye manuscript.” (Exh. 194, Judge Morrow Order, Pg. 17, Lines 15-16)
“Stewart is barred…. her admission that Fox had no role in creating, writing, and developing or producing Terminator 1, 2, and 3.” (Exh. Judge Morrow Order, pg. 19, lines 10-12)
MICHAEL T. STOLLER “UNSIGNED” DECLARATION JUNE 27, 2005 HIDDEN HILLS:

“I did not initially file an opposition to Defendants Motions For Summary Judgment on behalf of Plaintiff in light of the lack of discovery in the automatic admission conclusively established against her cause. After the court denied plaintiff’s motion for relief under the Fed.R.Civ.Pro. 60 (b), and granted Plaintiff three days, in which to file oppositions to the two motions for Summary Judgment, “I did not lodge the infringing films, as I believed that it was part of “Defendant’s Initial Burden” of establishing that there was no genuine issue as to independent creation and substantial similarity.” (Exh. 205, 206, Unsigned Declaration of Michael T. Stoller)

Objectively speaking, the fraud is staggering in this case, in terms of the scope of duration, and the “degree of betrayal,” as well as, "the breach of trust is massive." Jonathan Lubell, Dean Webb, Gary Brown, and Michael Stoller went far beyond the "garden variety of negligence" and crossed the line into willful misrepresentations amounting to grounds for Perjury, Contempt of Court, 18 USC §241 - Conspiracy against Civil Rights, and to Defraud by Interference with Government Functions, 18 USC §242 - Deprivation of Civil Rights under the color of law. The tone of “Detestation” by the Ivy league Harvard, New York University, Southwestern Univ., UCLA seasoned attorneys / “Scientologists” to proclaim the Utah Courts lacks “Authority” over their Fraudulent conduct reflects a “False” sense of “Privilege” to be above the law. Plaintiff objects to Brown’s Perjury Affidavit because it bares no “legitimate” signature. The Defendants crimes are "extraordinarily evil" and it was “not merely a bloodless crime” that takes place on paper but one that subverted “All” levels of Authority and Power of the Federal Branch of Government with utter “Disdain” and “Contempt” for U.S. Federal Court Justice System. (Exhs. 175, 176, 177, P.O. Box 165153, Salt Lake City Utah 84116 Padded Bill dated “July 31, 2004”); (Exhs. 110, 111, 113, 115 Idaho Bans Florida Foreclosure Rescue, Michael T. Stoller)
Plaintiff asserts Defendants Stoller, Brown, Webb, and Lubell breached their duties with fraudulent intent to fail to conduct discovery of any sort, failed in their legal duties to enter into court record the Terminator and Matrix six movies, including the federally protected intangible copyrights on the issue of guilt, failed in their legal duties to serve the Defendants with Interrogatories, misrepresented the true nature of judicial proceedings, “Prepared” and submitted “Fraudulent Admissions” on behalf of their client to a Federal Court System which resulted in “Baring/Gagging” her, while intentionally and willfully concealing the same, and providing false and misleading advice to their client in an attempt to convenience her not to amend her complaint in violation of 18 U.S.C. §24, and failed to file an “Appeal” on the Court matter. The defendants conduct was both “but for” and a proximate cause of an “egregious financial injury” to Stewart for the value of her copyrights for the Terminator and the Matrix in the amount of $7 billion dollar, plus $3.5 billion in “Punitive Damages” for a total value of $10.5 billion dollars. Based upon Defendants Stoller, Brown, Webb, and Lubell operating in consort to obstruct the 45 page manuscript from being entered into evidence, and the DVDs six movies of Terminator and Matrix from being entered into Court evidence, while said movies were actually sitting on the “Shelf” of Brown’ next to nearly $50,000 dollars worth of receipts, Plaintiff Stewart graciously requests the court grant her Default of Judgment.

I declare under penalty of perjury that all of the foregoing is true and correct.
Dated: July 13, 2009
Respectfully Submitted,


______________________________




















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

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


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


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

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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)

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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