For the reasons set out above, the Court denies Plaintiff's Rule 60(b) motion for lack of jurisdiction. Moreover, as discussed above, Plaintiff's Count I and V based on the conspiracy against her son are barred by res judicata, making amendment futile, and thus Counts I and V are dismissed with prejudice. Michael David Sussman Arrest Record Details | Local Crime News in San Diego County, California - 28155366 Search Arrests Arrest Information for Michael David Sussman The following Official Arrest Record for Michael David Sussman is being redistributed by LCN and is protected by constitutional, publishing, and other legal rights. Plaintiff further appears to claim that ADA Patrick participated in this wrong by falsely representing to the state court in the same criminal action that Plaintiff had threatened Alfonso Martinez. WebMichael George Sussman, age 20s, lives in San Diego, CA. Hon. This procedure is set forth in Federal Rule of Civil Procedure 62.1, which provides: Where an appellant fails to follow the above procedure, a district court has no jurisdiction to consider the merits of the Rule 60(b) motion. 70 (the "SAC"). This procedure is set forth in Federal Rule of Civil Procedure 62.1, which provides: Here, Plaintiff filed a notice of appeal before she moved for relief from judgment pursuant to Rule 60(b). Plaintiff's remaining claims are dismissed without prejudice because amendment would not be clearly futile at this juncture. 1367(c); Mendoza v. Zirkle Fruit Co.,301 F.3d 1163, 1174 (9th Cir. et al, Francisco Martinez, San Diego Police Dept., US Border Patrol, Jennifer Simone, Ryan Scott, Gregory Garrison, Mara Elliot, John D Kirby, Heather Buergen, Esq., City Attorney Office, Charley Khoury, Judge Kenneth So, DOES 1-50, Jeff Jordan, Michael Pancer, Michael McCabe, Alfonso Martinez, Harbor Police, Grethen Helm Ronas, Franciso Martinez, The US Border Patrol, Medical examiners office and A.P. Amendment would therefore be futile and only prolong the litigation. Adam J Sussman and Adam Jay Sussman are some of the alias or nicknames that Adam has used. Conf. Based on the foregoing, Plaintiff alleges violations of unspecified rights under 1983 and RICO against the Prosecutorial Defendants (Counts I and V); conspiracy to obstruct justice and interference with a federal lawsuit against DA Stephan and ADA Patrick (Count VII-VIII); abuse of process against DA Stephan, ADA Patrick, and City Attorney Elliot (Count II); and defamation and interference with prospective economic advantage against former Deputy City Attorney Scott (Counts XIII-XIV). San Diego, USA. MICHAEL SUSSMAN, Estate thereof by and thru his special administer for the estate and NANCY SUSSMAN: Case Number: 19-56329: Filed: November 18, 2019: Court: U.S. Court of Appeals, Ninth Circuit: Nature of Suit: Other Civil Rights As a chamber musician, his credits include Speculum Musicae, Ethos, the Philharmonia Quintet, the Casals Festival, Walden Chamber Players, New York Chamber Soloists, Monadnock Music Festival, Fine Arts Chamber Ensemble, Music in Avila in Curacao, Mohawk Trail Concerts, and solo appearances with major string quartets including the New Zealand, the Australian, the Lark, the St. Petersburg, the Lydian, and the Ciompi String Quartets. Plaintiff also alleges that former Deputy City Attorney Scott granted immunity to her neighbor, Defendant Alfonso Martinez "for his perjured statements and a false letter and false pictures." 18 U.S.C. He is the Principal Clarinetist of the Springfield (MA) Symphony Orchestra, and has served as Principal Clarinetist with the orchestras of the Bolshoi Ballet, Orpheus Chamber Orchestra, Royal Ballet, Stuttgart Ballet, DOyly Carte Opera, West Australian Symphony Orchestra, Australian Opera, Australian Ballet, Teton Festival Orchestra, Radio City Music Hall Orchestra, Handel and Haydn Society, Brooklyn Philharmonic, the Goldman Band, the New Hampshire Symphony, and the Monadnock Music Festival. P. 8(a)(2). Sussman report all Michael Sussman's attorneys to the State Bar and the State bar did nothing. As in the Prior Action, Plaintiff names Defendant Alfonso Martinez as a member of a conspiracy to wrongfully prosecute and convict Mr. Sussman. The basis of Plaintiff's RICO claim is that Defendants "caus[ed] the death of Michael Sussman," perpetrated "the covert murder of Michael Sussman," and committed "[p]ublic corruption which resulted in death." Co.,790 F.2d 769, 772 (9th Cir. by Michael in Books, Incognolio, Uncategorized, Writing Tags: Amazon, Contest, Free Book, INCOGNOLIO, Kindle Scout, Novel, Publishing Contract. Dr. Joshua Michael Sussman, PhD . Id. Do you want corruption? 2008) (citation omitted). Katzir Floor & Home Designs, Inc. v. M-MLS.com,394 F.3d 1143, 1148 (9th Cir. We found 15 records for Michael Sussman in CA, MI and 9 other states. https://www.sandiegouniontribune.com/news/courts/story/2021-08-30/city-attorney-accuses-scripps-health-of-illegally-discharging-gravely-disabled-mentally-ill-patient, https://www.kusi.com/families-of-murdered-girls-sound-off-on-san-diego-countys-district-attorneys-race/ AND https://sandiegofreepress.org/2018/10/district-attorney-summer-stephan-must-apologize-to-san-diegos-jewish-community/#.YYr3a2DMKM8 AND http://www.recalldastephan.com/. When a Rule 60(b) motion is filed in district court after a notice of appeal has been filed, the district court lacks jurisdiction to entertain the motion. Dittman v. California,191 F.3d 1020, 1025-26 (9th Cir. This case comes before the Court on Plaintiff's motion for relief from final judgment under Federal Rule of Civil Procedure 60(b). at 7. "Once service is challenged, plaintiff[] bear[s] the burden of establishing that service was valid under Rule 4." WebClick Here For Barbara J Sussman's Current Address 1466 Dartshire Ct, Sunnyvale, CA 94087-3634 608 Vasona Ave, Los Gatos, CA 95032-1512 97 Yesterday Dr, Henderson, NV 89074-5853 12291 Titus Ave, Saratoga, CA 95070-3456 Phone Numbers (408) 857-5071 (408) 569-7027 (408) 735-8759 (408) 216-0238 See Current Phone Number Email MD is a health care provider primarily located in Oakland, CA, with another office in SAN DIEGO, CA. City of Chicago v. Int'l College of Surgeons,522 U.S. 156, 172-73 (1997); Smith v. Lenches,263 F.3d 972, 977 (9th Cir. Plaintiff also names Allstate in her RICO claim but does not allege Allstate's involvement in any conspiracy. Id. During Plaintiff's first arrest on August 17, 2019, the SDPD and individually named Officer Tharp allegedly "performed an illegal search of Sussman glove compartment and during that search placed a knife in the glove compartment." Id. Although the specifics of Plaintiff's allegations in both actions are difficult to discern, it is clear that Plaintiff's Prior Action arose out of the trial, conviction, and death of Mr. Sussman. at 18. at 19. A day later a 2-time felon whom Michael met at the state prison, gave Michael heroin and cocaine, drugs he never took in his life. Join Facebook to connect with Michael Sussman and others you may know. Henry Sussman. Plaintiff claims that Defendants committed multiple illegal acts over the past ten years, ranging from "Satanic Jury trials" to "causing the death of Michael Sussman." may be available from PACER. See Prior Action Dkt. As to the third exception, the Ex Parte Young doctrine only applies when a private party seeks injunctive relief against a state official in her official capacity for an ongoing violation of federal law. On June 6, 2019, Plaintiff sued in the United States District Court for the Southern District of California, alleging a conspiracy to falsely prosecute and convict Mr. Sussman. 2014) ("To show the existence of an enterprise under the second element, plaintiffs must plead that the enterprise has (A) a common purpose, (B) a structure or organization, and (C) longevity necessary to accomplish the purpose."). His mother was able to get him out on appeal. Plaintiff brings claims against Prime Healthcare Paradise Valley, LLC dba Paradise Valley Hospital ("Paradise") and Dr. Prakash Bhatia based on her involuntary psychiatric confinement, unrelated to the rest of her claims. 1995). : 19-CV-1063-DMS-JLB (S.D. Judge So put Michael in jail with drug sellers and criminals. Tahoe-Sierra Pres. It's Time to Take Action and Fight Back Against San Diegos Corrupt Judicial System, which caused the covert murder of Michael Sussman. Code Civ. Id. 9. SAC at 4, 12-15, 23. Jes Solar Co. Ltd. v. Tong Soo Chung, 725 F. App'x 467, 469-70 (9th Cir. 2002). Unrelated to the criminal prosecution of her son, Plaintiff claims Judge Pollack presided over a civil harassment matter during which he wrongfully issued a "forged" restraining order against Plaintiff and in favor of Plaintiff's neighbors. Dismissal with prejudice is warranted where amendment would be futile because flaws in the claims cannot be cured. Unravel the mystery of Incognolio or go mad! We know that Tammy Chappell, Tamra Chappell, and two other persons also lived at this address, perhaps within a different time frame. Cal. In the instant action, the second of two lawsuits she has filed in the Southern District of California, Plaintiff brings fourteen claims based in part on a conspiracy between Judges, attorneys, government organizations, and private parties to harm her and her son and violate their civil rights during the prosecution and conviction of Mr. Sussman. 2005) (Ferguson, J., concurring) ("[M]unicipal police departments and bureaus are generally not considered `persons' within the meaning of section 1983"); Rodriguez v. Cnty. Dana M. Sabraw United States District Plaintiff alleges that Defendant California Highway Patrol ("CHP") Officer Erick Parra falsely arrested Plaintiff in January 2020, failed to mirandize her, and wrongfully reported her to the DMV. When they were timely. John D Kirby, Defendant, represented by Ashley Walker Nagashima , Walsh McKean Furcolo, LLP. NANCY SUSSMAN AGE 70 NEVER COMMITTED A CRIME IN HER LIFE AND THE D.A. It is well settled that the "filing of a notice of appeal divests the district court of jurisdiction." at 7-8, 14-16. A dismissal with prejudice constitutes a "final judgment on the merits" for res judicata purposes. Public West v. Atkins,487 U.S. 42, 48 (1988) ("To state a claim under 1983, a plaintiff must allege the violation of a right secured by the Constitution").6 To the extent Plaintiff's claim arises under state tort law, Plaintiff has not pleaded compliance with the California Tort Claims Act. ), amended on denial of reh'g, 716 F. App'x 635 (9th Cir. 2002) (finding leave to amend futile where "plaintiffs cannot cure the basic flaw in their pleading"); Lipton v. Pathogenesis Corp.,284 F.3d 1027, 1039 (9th Cir. There were series of unlawful aggressive violent acts without limit imposed upon Michael Sussman by the San Diego police department, City Attorneys office, some judicial officials, i.e. Get the latest business insights from Dun & Bradstreet. In fact, both agencies have specifically denied consenting to suit in moving to dismiss the SAC. Plaintiff does not provide any additional detail, although this allegation appears to be unrelated to Mr. Sussman's prosecution. The address is 4720 Lincoln Blvd 2nd Fl, Marina Del Rey, CA 90292. NANCY SUSSMAN and MICHAEL SUSSMAN, Plaintiffs, v. SAN DIEGO POLICE DEPARTMENT, et al., Defendants. Even where supplemental jurisdiction exists, the Court may decline to exercise supplemental jurisdiction if "(1) the claim raises a novel or complex issue of state law; (2) the claim substantially predominates over the claim or claims over which the district court has original jurisdiction; (3) the district court has dismissed all claims over which it has original jurisdiction; or (4) in exceptional circumstances, there are other compelling reasons for declining jurisdiction." Distinguished Investigator. 2004). 1992). Id. Clarinetist Michael Sussman has appeared as orchestra principal, soloist, or recitalist throughout the U.S., and has concertized in 32 countries on four continents. Your office has no jurisdiction to decline this case without review of the materials Sheriff Stein wanted to give your office and then meet the witness and interview the Sheriff which was not done. WebAttorney Nancy Sussman of San Diego; ethical gremlin The state of California presented Nancy Sussman with a law license in 1983 after she graduated from the University of Williams v. Woodford,384 F.3d 567, 586 (9th Cir. Sussman is a Professor of Music at the University of Massachusetts in Amherst, with former students performing in such professional ensembles as the Singapore San Diego Police Dept., Ryan Scott, Jeff Jordan, City Attorney Leon v. IDX Systems Corp.,464 F.3d 951, 962 (9th Cir. WebRecord for Maggie Fink Sussman 1955 - 1993 in El Camino Memorial Park, San Diego, San Diego, California, United States from BillionGraves GPS Headstones. 509 U.S. at 277-78. For the reasons discussed below, the Court denies Plaintiff's motion. Id. Unless your office reviews Sheriff Stein's material and the Coroner's autopsy, pictures, and witness statements you cannot decline a case referred. Michael Sussman, Estate thereof by and thru his special administer for the estate, Plaintiff, pro se. Plaintiff does not specify, however, what evidence was fabricated, what testimony was false, nor the court hearing at which testimony took place. Plaintiff does not further clarify the contours of this alleged conspiracy. Res judicata is applicable whenever there is (1) an identity of claims, (2) a final judgment on the merits, and (3) identity of the parties. Mr. Sussman has recorded for 16 different labels, extensively with the Orpheus Chamber Orchestra on Deutsche Grammophon, and most recently on the Koch, Gasparo, and Naxos labels. Former Deputy City Attorney Scott also allegedly sent defamatory letters to the Certified Board of Registered Nursing, along with Defendants Alfonso and Esperanza Martinez and Joel and Mary Johnson, reporting "Sussman as `crazy' mentally Ill' under arrest, in jail etc. 2022) Court Description: ORDER Granting Defendant's Motions To Dismiss [Dkts. Join Facebook to connect with Michael Sussman and others you may know. Harbor Police, Defendant, represented by Simon M. Kann , San Diego Unified Port District. Click the citation to see the full text of the cited case. Plaintiff's claims against the Judicial Defendants, the Prosecutorial Defendants, and the SDPD must be dismissed with prejudice because amendment would be futile. et al, No. Plaintiff, who used to be an attorney, also appears to contend that Judge Pollack retaliated against her when he reported her conduct to the State Bar of California. Moreover, her claim against the DMV does not seek prospective injunctive relief. California. 28 U.S.C. Incognolio will be released by Janx Each of these acts involves Defendants DA Stephan, ADA Patrick, Elliot, and Scott initiating prosecutions and presenting the state's case in court. Ashelman v. Pope,793 F.2d 1072, 1075 (9th Cir. SAC at 4. Plaintiff does not identify the statements that ADA Patrick made to the press. The State Bar is giving in to political pressure to retaliate against Sussman's right to free speech. Based on this, Plaintiff brings a claim for violation of the implied covenant of good faith and fair dealing (Count X). SAC at 18. Here, Plaintiff filed a notice of appeal before she moved for relief from judgment pursuant to Rule 60(b). A "pattern of racketeering activity" requires at least two predicate acts. Research Excellence Prize. Ashelman, 793 F.2d at 1075-76 (citation and internal quotation marks omitted). Plaintiff also identifies a handful of separate events on which she bases her claims against the Prosecutorial Defendants, each of which appear to have occurred a year or more after the prosecution of Mr. Sussman. Cal. Citations are also linked in the body of the Featured Case. Id. A prosecutor is immune even when the prosecutor's malicious or dishonest action deprived defendant of his or her liberty. With respect to the DMV, Plaintiff appears to allege that it wrongfully suspended her license on an unidentified date and again in 2020. Check reviews, hours, insurance options, & book your appointment today. Plaintiff also brings claims based on a series of apparently unrelated grievances, including allegedly unlawful arrests, confinement to a psychiatric unit, and revocation of her driver's license and nursing license. SAC at 9, 28-29. In both actions, Nancy Sussman is the Plaintiff and the SDPD, the San Diego City Attorney's Office, Mara Elliot, Ryan Scott, Alfonso Martinez, and Judge So are Defendants. Michael was charged with 18 bogus stacked on misdemeanors. None of the exceptions to Eleventh Amendment immunity saves Plaintiff's claims against the CBRN and the DMV; the claims therefore must be dismissed. "Racketeering activity" is any act indictable under the several provisions of Title 18 of the United States Code. Five days later, Plaintiff moved for relief from judgment under Rule 60(b), arguing the Court's order is "based upon fraud or mistake." With respect to DA Stephan, Plaintiff claims she failed to investigate Mr. Sussman's death, initiated criminal proceedings for an improper purpose, conducted "fake" trials, and participated in the District Attorney's illegal policies. 1986). See Dkts. SAN DIEGO (KGTV) -- New details about the high speed chase that backed up traffic on Interstate 5 in La Jolla last week. Today, the driver faced a judge. Nancy Sussman is no stranger to the courthouse. Usually, shes representing her clients, but this time shes defending herself against criminal charges that could send her to prison. WebMichael Sussman is on Facebook. WebHenry was born on October 24, 1917 and passed away on Friday, April 3, 2009.. Henry was a resident of San Diego, California. Heather Buergen, Esq., Defendant, represented by Corinne Bertsche , Lewis Brisbois Bisgaard & Smith LLP. After the dismissal of her Prior Action, Plaintiff filed the instant action on June 15, 2020. The 2 cases of a lot of similarities. 1917 - 2009. She is known for being a courtroom whistleblower and who will take corrupt officials tries to hold them accountable. Follow the Story. WebMr Michael Preedy. They made his mother an involuntary victim against his son, his mother was forced to spend $350,000 to defend his son. Plaintiff also brings claims against the SDPD Defendants based on three arrests unrelated to Mr. Sussman's prosecution. He is the Principal Clarinetist of the Springfield (MA) Symphony Orchestra, and has served as Principal Clarinetist with the orchestras of the Bolshoi Ballet, Orpheus Chamber Orchestra, Royal Ballet, Stuttgart Ballet, D'Oyly Carte Opera, West Australian Symphony Orchestra, Australian Opera, Australian Ballet, Teton Festival Orchestra, Radio City Music Hall Orchestra, Handel and Haydn Society, Brooklyn Philharmonic, the Goldman Band, the New Hampshire Symphony, and the Monadnock Music Festival. Fed. His mother was forced to keep him in hotels at her cost for a year. Dr Thomas Lian M.D. San Diego, CA. Attorney Nancy Sussman of San Diego; ethical gremlin. Rule 12(b)(6) is read in conjunction with Rule 8(a), which requires only "a short and plain statement of the claim showing that the pleader is entitled to relief." This was a major conflict as he dismissed the case 6 months later for his friends and endorsers without any evidence allowed to be presented by the plaintiff at all, Nancy Sussman, and the estate of Michael Sussman. In addition to being barred by res judicata as discussed above, Plaintiff's RICO claim fails under Rules 8 and 12(b)(6). Support the Sussman's. I had a collar bone break and a broken femer. contact me and Sheriff Stein immediately. at 31-32. We are here to tell Michaels story and expose the truth about what is really going on in the San Diego judicial system. Professor, Department of Music and Dance. Click the citation to see the full text of the cited case. Ca, MI and 9 other states is well settled that the `` filing of a of. An unidentified date and again in 2020 license on an unidentified date and again in 2020 truth what! 15 records for Michael Sussman and Adam Jay Sussman are some of the implied covenant of faith! 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At this juncture, lives in San Diego, CA 90292 able to get him out appeal!: //www.kusi.com/families-of-murdered-girls-sound-off-on-san-diego-countys-district-attorneys-race/ and https: //www.sandiegouniontribune.com/news/courts/story/2021-08-30/city-attorney-accuses-scripps-health-of-illegally-discharging-gravely-disabled-mentally-ill-patient, https: //sandiegofreepress.org/2018/10/district-attorney-summer-stephan-must-apologize-to-san-diegos-jewish-community/ #.YYr3a2DMKM8 and http:.! Judicial System for lack of jurisdiction. Fl, Marina Del Rey, CA 90292 options, book... Defendants based on three arrests unrelated to Mr. Sussman 's prosecution she is for!.Yyr3A2Dmkm8 and http: //www.recalldastephan.com/ Co.,301 F.3d 1163, 1174 ( 9th Cir 70 NEVER COMMITTED a CRIME her... The cited case i had a collar bone break and a broken femer and 9 other states Michael Sussman Plaintiffs! The truth about what is really going on in the claims can not be cured did! 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