October 26, 1998 MOTION TO COMPEL DEFENDANT ATTORNEY SHEILA REGAN FAULKNER TO ANSWER FIRST SET OF WRITTEN INTERROGATORIES PROPOUNDED UNDER RULES 34(b), 37(a), and 69 (a), FRCP, FOR ORDER TO COMPEL. (four (4) pages. Attached to this document is copy of Lambros' September 1, 1998, PLAINTIFF LAMBROS' FIRST SET OF INTERROGATORIES PROPOUNDED TO DEFENDANT ATTORNEY SHEILA REGAN FAULKNER. (Fifteen (15) pages), both documents served on October 27, 1998, in LAMBROS vs. FAULKNER, Civil No. 98-1621. Total pages twenty (20).


CERTIFICATE OF SERVICE

I hereby state under the penalty of perjury that a true and correct copy of the attached:

a. MOTION TO COMPEL DEFENDANT ATTORNEY SHEILA REGAN FAULKNER TO ANSWER FIRST SET OF WRITTEN INTERROGATORIES PROPOUNDED UNDER RULES 34(b), 37(a), and 69 (a), FRCP, FOR ORDER TO COMPEL.
dated October 26, 1998;

was served on the following persons this 27th day of October, 1998

1. CLERK OF THE COURT
U.S. DISTRICT COURT
DISTRICT OF MINNESOTA
U.S. Courthouse
Warren E. Burger Federal Building
316 North Robert Street
St. Paul, Minnesota 55101-1460
U.S. CERTIFIED MAIL NO. Z-109-977-401 , RETURN RECEIPT REQUESTED.
One original and one copy

2. Attorney Donna Rae Johnson
Attorney No. 50945
Attorney for Defendant's
700 St. Paul Building
6 West Fifth Street
St. Paul, Minnesota 55101
U.S. CERTIFIED MAIL NO. Z-109-977-402 , RETURN RECEIPT REQUESTED.

3. INTERNET RELEASE TO HUMAN RIGHTS GROUPS

4. Inter-American Commission on Human Rights
Organization of American States
1889 F. Street, N.W.
Washington, D.C. 20006 USA
U.S. CERTIFIED MAIL NO. Z-109-977-408
RE: TO BE FILED WITH: JUNE 30, 1998, Complaint and released to all 35 countries that are members of the Organization of American States.

John Gregory Lambros, 00436-124
P.O. Box 1000
Leavenworth, Kansas 66048-1000
USA

End of page 1


IN THE UNITED STATES DISTRICT COURT
FOR THE STATE OF MINNESOTA

JOHN GREGORY LAMBROS, #00436-124
USP Leavenworth
PO Box 1000
Leavenworth, Kansas 66048-1000
USA
Web site:
Web site:
http://members.aol.com/BrazilByct
http://adpages.com/usal/brazilct.htm
http://adpages.com/andreaci.htm
http://members.aol.com/LambrosLDF
http://members.aol.com/BraziLien
http://members.aol.com/Lambrosb1 (final digit number 1)
http://www.brazilboycott.org

Plaintiff

vs.

ESTATE/WILL/BUSINESS INSURANCE OF DECEASED ATTORNEY CHARLES W. FALCONER, 2680 Sumac Ridge, St. Paul, Minnesota 55110 USA

ATTORNEY SHEILA REGAN FALCONER, 2680 Sumac Ridge, St. Paul, Minnesota 55110 USA

FALCONER & FALCONER, Attorneys-at-Law, 2680 Sumac Ridge, St. Paul, Minnesota 55110 USA;

JOHN & JANE DOE'S, persons employed by Attorney C.W. Faulkner, Sheila Regan Faulkner and Faulkner & Faulkner in the representation of John Gregory Lambros;

Defendants (Severally and jointly liable).

CIVIL CASE NO.
98-1621 (DSD-JMM)

DEMAND FOR TRIAL BY JURY, Title 28 USC Rule 38 & 39.

COMPANION CASE NO.
U.S. vs. LAMBROS
, Criminal File No. CR-4-89-82(05), District of Minnesota, Eighth Circuit Court of Appeals No. 65 F.3d 698 (1995).

MOTION TO COMPEL DEFENDANT ATTORNEY SHEILA REGAN FAULKNER TO ANSWER FIRST SET OF WRITTEN INTERROGATORIES PROPOUNDED UNDER RULES 34(b), 37(a), and 69 (a), FRCP, FOR ORDER TO COMPEL

End of page 2

COMES NOW Plaintiff John Gregory Lambros, and makes this his motion,pursuant to Rules 34(b), 37(a), and 69(a) of the Federal Rules of Civil Procedure, moves this Court for an Order compelling the Defendant Attorney Sheila Regan Faulkner to produce for inspection and copying the answers to Plaintiff Lambros' First Set of Interrogatories served upon her under Rules 34(b), 37(a), and 69(a) of the Federal Rules of Civil Procedure. In support of said motion, Plaintiff Lambros would show the Court as follows:

1. All statement in this motion are in AFFIDAVIT FORM.

STATEMENT OF FACTS:

2. On September 1, 1998, Plaintiff drafted, "PLAINTIFF LAMBROS' FIRST SET OF INTERROGATORIES PROPOUNDED TO DEFENDANT ATTORNEY SHEILA REGAN FAULKNER." The document was 13 pages in length, requesting the answering of 18 questions, including attached affidavit. Also attached was a medical authorization and employment authorization request. EXHIBIT ATTACHED.

3. Plaintiff mailed the above document described in paragraph two (2) on September 4, 1998, to Defendant's Attorney Donna Rae Johnson, 300 McCall Bldg., 366 Jackson Street, St. Paul, Minnesota 55101, the address Defendant's attorney had given the Clerk of the Courts. EXHIBIT ATTACHED.

4. On September 14, 1998, Plaintiff received the return of his mailing dated September 4, 1998, as described in paragraph three (3).

5. On September 14, 1998, mailed on September 15, 1998, via U.S. Certified Mail No. Z-574-067-194, Plaintiff remailed his September 1, 1998, interrogatories, as stated in paragraph one (1) to Defendant's Attorney Donna Rae Johnson. EXHIBIT ATTACHED WITH RECEIPT FOR CERTIFIED MAILING.

6. To date Defendant's attorney Donna Rae Johnson has not attempted to request an extension of time to respond to Defendant's interrogatories thus Plaintiff Lambros is left no alternative other than to take up the valuable time,

End of page 3

in resorting to a MOTION T0 COMPEL, of this Court.

ARGUMENT AND LAW:

7. Rule 26(b)(1), FRCP, provides that a party "may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action . . ." Each item in Plaintiff Lambros' request is relevant to the subject matter of the lawsuit.

8. Rule 69(a), FRCP, provides in applicable part, " . . . In aid of the judgment or execution, the judgment creditor . . . may examine any person, including the judgment debtor, in the manner provided in these rules for the taking of depositions or in the manner provided by the practice of the State in which the District Court is held."

Professor Moore, in discussing application of this rule, comments, " . . . The term 'deposition' should be taken to include all the depositions and discovery procedures available under Rules 26-37." (Moores's Federal Practice, Second Edition, Volume 7, Pages 2421, Footnote 10). He specifically states that interrogatories under Rule 33 are permitted (Ibid. Pages 2420-2423). The interrogatories would be served by mail omitting prior court authorization and oral examination and enforcement under Rule 37.

DEFENDANT ATTORNEY SHEILA REGAN FAULKNER HAS NOT OFFERED OBJECTIONS:

9. Defendant has not offered any objections to Plaintiff Lambros first set of interrogatories served on Defendant's Attorney on September 15, 1998, via U.S. Certified Mail No. Z-574-067-194.

10. Defendant Sheila Regan Faulkner was instructed within the interrogatories, page two (2), paragraph one (1), pursuant to Rule 33 of the FRCP, that she was to respond within thirty (30) days.

11. Plaintiff Lambros' discovery sought is obviously not burdensome. It consists only of documents and information concerning the Defendant and Plaintiff.

End of page 4

Even if the requested discovery were burdensome, it would be required if relevant to this case. See, KING vs. GEORGIA POWER CO. 50 F.R.D. 134 (N.D. Ga. 1970).

WHEREFORE, Plaintiff Lambros moves this Court for an order compelling

Defendant Attorney Sheila Regan Faulkner to answer the interrogatories heretofore served upon her on September 15, 1998, via U.S. Certified Mail.

Dated: October 26, 1998

JOHN GREGORY LAMBROS, #00436-124
USP Leavenworth
PO Box 1000
Leavenworth, Kansas 66048-1000
USA

I, JOHN GREGORY LAMBROS, declare under penalty of perjury that the foregoing is true and correct as per Title 28 U.S.C.A. 1746.

Executed October 26, 1998

End of page 5

IN THE UNITED STATES DISTRICT COURT
FOR THE STATE OF MINNESOTA

JOHN GREGORY LAMBROS, #00436-124
USP Leavenworth
PO Box 1000
Leavenworth, Kansas 66048-1000
USA
Web site:
Web site:
http://members.aol.com/BrazilByct
http://adpages.com/usal/brazilct.htm
http://adpages.com/andreaci.htm
http://members.aol.com/LambrosLDF
http://members.aol.com/BraziLien
http://members.aol.com/Lambrosb1 (final digit number 1)
http://www.brazilboycott.org

Plaintiff

vs.

ESTATE/WILL/BUSINESS INSURANCE OF DECEASED ATTORNEY CHARLES W. FALCONER, 2680 Sumac Ridge, St. Paul, Minnesota 55110 USA

ATTORNEY SHEILA REGAN FALCONER, 2680 Sumac Ridge, St. Paul, Minnesota 55110 USA

FALCONER & FALCONER, Attorneys-at-Law, 2680 Sumac Ridge, St. Paul, Minnesota 55110 USA;

JOHN & JANE DOE'S, persons employed by Attorney C.W. Faulkner, Sheila Regan Faulkner and Faulkner & Faulkner in the representation of John Gregory Lambros;

Defendant's (Severally and jointly liable).

CIVIL CASE NO.
98-1621 (DSD-JMM)

DEMAND FOR TRIAL BY JURY, Title 28 USC Rule 38 & 39.

COMPANION CASE NO.
U.S. vs. LAMBROS
, Criminal File No. CR-4-89-82(05), District of Minnesota, Eighth Circuit Court of Appeals No. 65 F.3d 698 (1995).

PLAINTIFF LAMBROS' FIRST SET OF INTERROGATORIES PROPOUNDED TO DEFENDANT ATTORNEY SHEILA REGAN FAULKNER

COMES NOW Plaintiff John Gregory Lambros, Pro Se, and , pursuant to Rules

End of page 6

26 and 33 of the Fed. R. Civ. P., hereby propounds the following interrogatories to the Defendant Attorney Sheila Regan Faulkner, to be answered separately and fully in writing, under oath. In the event Defendant S.R. Faulkner objects to an interrogatory, the Defendant shall state in detail the reasons for the objection in lieu of an answer, and shall answer to the extent the interrogatory is not objectionable. All information possessed or available to the defendant shall be disclosed in response to these interrogatories, as well as information possessed by or available to employees, officers, agents, or attorneys, or any other persons acting on behalf of or employed by the Defendant Attorney Sheila Regan Faulkner.

INSTRUCTIONS

1. Pursuant to Rule 33 of the FRCP, Plaintiff hereby requests that you, Attorney Sheila Regan Faulkner, answer under oath the following interrogatories (30) days within thirty

2. Answer each interrogatory as provided by the Federal Rules of Civil Procedure.

3. Sign ~he enclosed medical and employment authorizations before a notary, including your social security number, and return them to undersigned Plaintiff John Gregory Lambros.

DEFINITIONS

The following definitions are applicable to these interrogatories and are to be used unless otherwise indicated:

1. The terms "you" and "your" refer to Defendant Attorney Sheila Regan Faulkner.

End of page 7

2. The term "state" means to state specifically and in detail.

3. The term "state" is also used in the context of State Government.

4. Except as provided by definitions #5, #6, and #7 below, the term "identify" means to name or describe with particularity.

5. When used with regard to a health care professional or other person, the term "identify" means to state the person's full name, home address, business address, and telephone number, and to state: whether the Defendant has ever been related to that person, and if so, how; whether the Defendant has ever been employed by that person, and if so, when and where; whether the Defendant has ever resided with that person, and if so, when and where; and whether the Defendant has ever given any money to that person, and if so, when, how much, and why.

6. When used with regard to a health care institution, the term "identify" means to state the institution's name, location, and current business address.

7. When used with regard to a document, the term "identify" means to state the title of the document, who prepared it, when it was prepared, where it is located, and who its custodian is.

8. The terms "and" and "or" shall be construed disjunctively or conjunctively as necessary in order to bring within the scope of each individual interrogatory all information or documents which might otherwise be construed to be outside its scope.

INTERROGATORIES

1. As to yourself, the Defendant, state:

a. your full name and all other names by which you have been known, your date of birth, and your social security number;

End of page 8

b. your current address and your permanent address;

c. your driver's license number and the state of issuance of your driver's license.

ANSWER:

2. Identify your relationship with the law firm FAULKNER AND FAULKNER Attorneys-at-Law.

ANSWER:

3. Identify each person:

a. who worked at Law Office Management Inc., Suite 500, 701 Fourth Avenue South, Minneapolis, Minnesota 55415, in the years 1994, 1993, and 1992;

b. who was employed or contracted by Attorney Charles W. Faulkner, in the years 1994, 1993, and 1992;

c. who was employed or contracted by Attorney Sheila Regan Faulkner, in the years 1994, 1993, and 1992;

d. who was employed or contracted by Faulkner & Faulkner, Attorneys-at-Law, in the years 1994, 1993, and 1992;

e. who was contracted during the legal representation of Plaintiff John Gregory Lambros;

End of page 9

 

f. who was present during any portion of the legal representation of Plaintiff John Gregory Lambros, other than those persons identified in response to subpart e above; and

g. who has any knowledge of the facts of the legal representation of Plaintiff John Gregory Lambros, other than those persons identified in response to subparts e and f above.

ANSWER:

4. Identify each instance in which you have been arrested in your lifetime. As to each arrest:

a. identify the state and county where the arrest occurred;

b. identify all criminal charges filed against you as a result of the arrest, including the case numbers and dispositions of the charge; and

c. identify all convictions, sentences, guilty pleas, or probation that you received as a result of the arrest.

ANSWER:

 

5. Identify all lawsuits to which you have been a party. As to each lawsuit, state:

a. the nature of the lawsuit;

End of page 10

b. identify when the lawsuit was filed, including the case numbers and disposition of the lawsuit; and

c. what was the final outcome of the lawsuit.

ANSWER:

6. Identify, in chronological order, each intoxicating substance that Defendant Charles W. Faulkner ingested during the legal representation of Plaintiff John Gregory Lambros. As to each substance:

a. state the nature of the substance, state the method of ingestion, the quantity ingested, and the time of ingestion;

b. state the location at which you witnessed or have knowledge of Charles W. Faulkner ingesting the substance; and

c. identify each person who witnessed Charles W. Faulkner ingest the substance.

ANSWER:

7. State your gross income and adjusted gross income to the United States government for the years 1997, 1996, 1995, 1994, 1993, and 1992.

ANSWER:

End of page 11

8. State Charles W. Faulkner gross income and adjusted gross income to the United States government for the years 1997, 1996, 1995, 1994, 1993, and 1992.

ANSWER:

9. State Faulkner & Faulkner, Attorneys-at-Law, gross income and adjusted gross income to the United States government for the years 1997, 1996, 1995, 1994, 1993, and 1992.

ANSWER:

10. Identify, in chronological order, each person, firm, organization, business entity, or other employer that has provided you with employment during your lifetime. As to each employer, state:

a. the employer's business location, mailing address, and

End of page 12

the employer's current telephone number;

b. the dates you were employed there, the title and description of your job or position; and

c. the date, nature, and outcome of any workers' compensation claims filed against the employers.

ANSWER:

11. Identify each personal injury, including any medical condition or disease, that you have suffered in the last ten (10) years. As to each injury:

a. state the date of the injury, the nature of the injury, and the cause of the injury;

b. state where you were located when the injury occurred and what parts or portions of your body were injured;

c. identify the health care professionals who treated the injury, and identify the health care institution where you received treatment for the injury.

ANSWER:

End of page13

12. Identify all assets within the estate and/or will of deceased Attorney Charles W. Faulkner.

ANSWER:

13. Identify all business and personal insurance coverage you, Charles W. Faulkner, and Faulkner & Faulkner possessed during your lifetimes. As to each policy, state:

a. identify the name and nature of each insurance policy;

b. the insurance company's business location, mailing address, and the current telephone number;

c. the dates the insurance policy was in effect;

d. the dates and nature of all claims filed; and

e. the outcome of all claims filed.

ANSWER:

14. Identify all lawsuits to which Charles W. Faulkner has been a party. As to each lawsuit, state:

a. the nature of the lawsuit;

b. identify when the lawsuit was filed, including the case numbers and disposition of the lawsuit; and

End of page 14

c. what was the final outcome of the lawsuit.

ANSWER:

15. Identify all lawsuits to which Faulkner & Faulkner, Attorneys at-Law, has been a party. As to each lawsuit, state:

a. the nature of the lawsuit;

b. identify when the lawsuit was filed, including the case numbers and disposition of the lawsuit; and

c. what was the final outcome of the lawsuit.

ANSWER:

16. Identify all assets you have. As to each asset, state:

a. state the nature of the asset;

b. state the location of the asset;

c. state the value of the asset; and

d. state all liens and/or debts on the asset.

ANSWER:

End of page 15

17. Identify all assets within Faulkner & Faulkner, Attorneys-at Law. As to each asset, state:

a. state the nature of the asset;

b. state the location of the asset;

c. state the value of the asset; and

d. state all liens and/or debts on the asset.

ANSWER:

18. Identify each person, firm, organization, and business entity that has knowledge of the contents within the ESTATE/WILL/BUSINESS INSURANCE of deceased Attorney Charles W. Faulkner. As to each, state:

a. full name, and all other names by which known;

b. current mailing address;

c. current telephone number; and

d. dates of association and knowledge with the ESTATE/WILL/ BUSINESS INSURANCE of deceased Attorney Charles W. Faulkner.

ANSWER:

End of page 16

Respectfully submitted,
Dated: September 1, 1998

JOHN GREGORY LAMBROS, #00436-124
USP Leavenworth
PO Box 1000
Leavenworth, Kansas 66048-1000

End of page 16

AFFIDAVIT

STATE OF MINNESOTA A
COUNTY OF ______________

After first being duly sworn, I, Attorney Sheila Regan Faulkner, a defendant in JOHN GREGORY LAMBROS vs. ESTATE/WILL/BUSINESS INSURANCE OF DECEASED ATTORNEY CHARLES W. FAULKNER, et al., make this affidavit and state that after reading plaintiff Lambros' first set of interrogatories to me, I have personally and truthfully answered them on this____day of_______, 1998.

____________________________________
Attorney Sheila Regan Faulkner

Subscribed and sworn to before me by Attorney Sheila Regan Faulkner on this____day of_________, 1998.

Notary Public_________________

SEAL

My commission expires:________________

End of page 17

MEDICAL AUTHORIZATION

I, Sheila Regan Faulkner, born___________________________________________

social security number______________________, hereby authorize you to release or provide photocopies of any and all of my medical records in your possession to John Gregory Lambros, P.O. Box 1000, Leavenworth, Kansas, 66048-1000, or any representative of him on his behalf.

I have expressly agreed that a photocopy of this authorization will be accepted as if it were an original.

____________________________________
Attorney Sheila Regan Faulkner

Subscribed and sworn to before me by Attorney Sheila Regan Faulkner on this____day of_________, 1998.

Notary Public_________________

SEAL

My commission expires:________________

End of page 18

EMPLOYMENT AUTHORIZATION

I, Sheila Regan Faulkner, born___________________________________________

social security number______________________, hereby authorize you to release or provide photocopies of any and all of my employment records in your possession to John Gregory Lambros, P.O. Box 1000, Leavenworth, Kansas, 66048-1000, or any representative of him on his behalf.

I have expressly agreed that a photocopy of this authorization will be accepted as if it were an original.

____________________________________
Attorney Sheila Regan Faulkner

Subscribed and sworn to before me by Attorney Sheila Regan Faulkner on this____day of_________, 1998.

Notary Public_________________

SEAL

My commission expires:________________

End of page 19


From the Springfield News Herald
October 21, 1998

Implant lets brain control computer

ATLANTA "Star Trek" type implant that enables direct communication between the brain and a computer is allowing a paralyzed, mute stroke victim to use his brainpower to move a cursor across a screen and convey simple messages such as hello and goodbye.

Researchers believe the tiny implant the size of the tip of a ball-point pen is the first device that allows direct communication between the brain and a computer. Of all the things people lose, the ability to communicate is the most frightening thing," Dr. Warren Selman, a at University Hospitals of Cleveland not involved in the research said. Doctors implanted a device into the 53 year-old man's brain that amplifies his brain signals. Those signals are then transmitted to a Iaptop computer through an antenna like coil placed on his head. Like a computer mouse, the brain signals can move a cursor across the computer screen and point at icons with messages such as "See you later. Nice talking with you." The man also can use the cursor to tell others that he is hungry or thirsty. "It's like we're making the mouse the patient's brain," said Roy Bakay, one of two Emory University doctors who developed the technology. Eventually, researchers hope to use the technology to teach patients to write letters, send e-mail and turn lights off and on via computer.

End of page 20


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For more information write (snail mail) JOHN GREGORY LAMBROS directly at:

JOHN GREGORY LAMBROS
Prisoner No. 00436-124
U. S. Penitentiary Leavenworth
PO Box 1000
Leavenworth, KS 66048-1000
USA

THANK YOU FOR YOUR SUPPORT AND ASSISTANCE IN MY BOYCOTT OF BRAZILIAN PRODUCTS.