Thursday, May 5, 2016

A letter to the Press May 5 2016

May 5, 2016 



At 66 years old I am just about to become homeless, again, My nephew who has been promoted to Houston will be moving shortly. I bought a home here in 1976, and got illegally evicted, 26 years later, by these unscrupulous banks. and have fought for a judicial hearing ever since. undeniable evidence has been ignored by the  courts. 

For 15 years I have tried to get a trial or hearing to produce  to the court,or jury, that I have undeniable proof that these banks violated federal law, which cost my home of 26 years and  my new startup business, Residential Fire Sprinklers, operated from that home since leaving the software business in 1991.

Instead of holding a trial, the courts and judges have had a debate about jurisdiction, while totally ignoring my charges. For 14 years now, the banks have enjoyed the fruit of this nonexamination of their lawbreaking actions. I informed the court of these violations of law, to the bankruptcy judge, she ruled she lacked jurisdiction to hear these complaints after the case was closed.

A series of appeals followed, and in a separate in a case, in 2004,  the court got reversed on a ruling, considering the same law; 11 USC 362(a)  from the Bankruptcy Appellate Panel, or BAP  In Re Ozenne, 337 B.R. 214 (9th Cir. BAP 2006) 

Now, the 9th circuit, given all the facts and proof in my informal appellants opening brief, which was due January 5 2012, The banks response was due on February 6, 2012

The banks filed nothing, In October the court gave them an order to file their response within 14 days, accompanied by a motion to file late, or they might not be allowed to give oral argument,  The banks, again ignored this order, this time for over years, 


In October of 2015, I filed a motion, asking the court, if I am successful to remand it back to the United States District.Court for a trial by jury.  

This was smelling salts that woke up the banks, who suddenly came alive, and claimed they were unaware of the lawsuit, which must have been my fault, they claimed.  

 The court gave them permission to file their response within 14 days, and they did, in a 35-page document citing all the ways a case like mine could be dismissed.

I filed a few requests for judicial notice, including senate testimony by Senator Elizabeth Warren on the senate floor, and several notable judicial judgments against Ocwen and Chase. some in the billions of dollar settlements made by Ocwen.and Chase.   Which in retrospect, the all republican appointed jurists on my panel, must have got a hoot over that,, 

This time, after 5 years of delay, the court decided that the Bankruptcy Panel or BAP, (of which Judge Jury  is now a senior member of the 7 judge panel)  lacked jurisdiction. 

In their published opinion, Ozenne v Chase/Ocwen the court, without even mentioning the obvious violations of law, concluded the BAP, who had denied my petition, did not have, jurisdiction to hear my petitions for relief. It was a 2/1 decision about jurisdiction, but they all agreed I was some sort of a scoundrel.   

An attorney, Catherine Steege from Chicago based Jenner and Block, offered to represent me , pro bono, in a petition to the United States Supreme Court, which, of course is marvelous .  

I would like to get some media attention on what goes on, that most folks never hear about

If you have any interest in this case, this was the brief version, Please contact me at 951-496-7525 or email to firesprinklers@gmail.com

Thank You for your consideration

Gary Ozenne
May 5, 2016 

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