You two and your happy little Affiant Silvana M. Flattery are a bunch of jive turkeys. First of all Flattery's Affidavit must be stricken because she has no firsthand knowledge of what I sent Diane Wood. Only Diane Wood can offer an Affidavit but she won't because she won't lie to cover your tracks. Therefore I am not even reading said Affidavit. All right, I did read it and note that she claims the W-1 was not sent until fall of 2012 when in point of fact I have proof that it was sent in November of 2011 as noted below. Then there were at least ten (10) emails to Diane Wood requesting additional information about what Intervenor could do to expedite the process with no mention from her about any outstanding issues, because you are a couple of jive turkeys.
[Back story one and two for newbies.]
I do not suffer lies and fools gladly, and I am going to be submitting my counter Affidavit to the Court along with various emails proving that my mother's application was provided in full in December of 2011, or nine (9) months prior. Apparently you all believe I don't have the common sense to retain emails when dealing with government attorneys, even though I was a government attorney. I aim to rip you to shreds for your patent dishonesty because you did not make a Good Faith inquiry into the substance of your arguments on timeliness. All you had to do was check your emails.
However thank you for this because it neatly removes any credibility you were hoping to establish with the Court regarding your other defenses. If you will lie about receipt of documents you will lie about anything. A Motion for Sanctions will be sent to you contemporaneously with this Reply Memorandum under the Fair Harbor provisions of Rule 11.
And I will call you on it each and every time. The application for Betty King was COMPLETE on 15 December 2011 yet you failed to take action until I sued you in September of 2012 so you can go straight to hell. Here is a summary of emails that I am going to be providing to the Court. This response is a sworn response, noting that Diane Wood told me to keep sending these emails regarding the delay so that they could document the problem. Yep, you guys are dirty rotten liars.
I. Defendant's First and Primary Defense of Timeliness is at Once Completely without Merit and Sanctionable Based on the Email Chain Between Intervenor and Administrator Agent/Processor Diane Wood.
The application was complete on or about 15 December, 2011 yet Defendants failed to process the application. During the pendency of the application Ms. Wood told Intervenor to keep the emails coming because her department was trying to substantiate the problem so that they could get help correcting it.
On January 23, 2012: Betty King info.
I know I am blowing up your email, sorry. I also know you've got about a billion other things on your plate as well.
On January 18, 2012: Any word yet on Betty King app?
On 16 Dec. 212 Diane Wood sent a confirmatory email regarding the last document, i.e. the Divorce Decree:
The package will expire on Sunday January 15, 2012 at 08:22:55 EST5.
On 15 December Intervenor provided the last necessary document -- the divorce decree:
On 14 Nov. 2011 Intervenor wrote: Betty King updates -- final docs for Title XIX
1. Foreclosure: I found the Sheriff sale proof online and it is attached. Please confirm you can open and read it.
2. U.S. Bank: The package was sent and is at my apartment awaiting my return on Wed night or TH morning -- I will overnight to you.
3. Divorce Decree My father is going to fax to me shortly and I will scan and send in the next 48 hours. 4. W-1SA: Calling you now I need to find this document and send it to you. Will call you again to find it. That should complete everything. Again Diane thank you for your help. Sincerely,
On 22. Nov. Intervenor wrote: The Application. Note that this email contained the W-1.
That is why on 20 Jan, 2012 Intervenor wrote Diane Wood:
Hi Diane, I was just looking at the submission.... is there anything more that we could do. I'm stressing. Thanks and have a great weekend.
Intervenor's sister wrote on the same day: Thanks Chris, good follow up. We are both concerned about the process and outcome. Thanks for your attention to this matter.
27 August: Hello Ms. Wood, We are all concerned about our mother and this process. Do you have any more news or information for us? Thank you in advance. Sincerely,
From Intervenor's sister: Thanks for the note Chris. Ms Wood as Chris stated we are concerned and I do not understand why this had not been resolved. We would like a full accounting of the procedures and the plans to get this approved or what has to be done to escalate it. At this stage we can no longer continue waiting.
As such, Defendant's first Defense is clearly without merit and this Court must issue a stern rebuke to Defendants via the immediate imposition of sanctions.
II. Defendant's Second Defense Regarding Commonality of Actions is Clearly Without Merit.
Intervenor submits that this purported defense is almost as lame as the first one because it is in effect a restatement of the first one. This litigation involves failure to timely process a Title XIX application. The application was 100% complete on 15 December, 2011 and Defendants are attempting to obfuscate this issue with an Affidavit by a person with no first hand knowledge of the communications. That Affidavit must be summarily stricken from the Record and Intervenor must be granted approved status immediately.
Further, should the Court have any doubts or questions whatsoever, Intervenor will appear Under Oath at a proper evidentiary hearing. Perhaps Defendants will bring Ms. Wood to such a hearing, instead of some would-be intervenor with no first hand knowledge of the facts.