COMMONWEALTH OF MASSACHUSETTS

THE TRIAL COURT

MIDDLESEX SUPERIOR COURT

) CIVIL ACTION NO. 1981-CV-00050

MOHAN A HARIHAR )
)
Plaintiff )
)
v. )
)
WELLS FARGO NA, et al. )
)
Defendants )
)
)

PLAINTIFF REPLY TO DEFENDANTS’ OPPOSITION RE: RESPONSE TO VOID

ORDERS (DOCUMENT NO.’S 38 AND 39) PURSUANT TO MASS. R. CIV. P. 60(b)(4)

On Friday, November 29, 2019 the Plaintiff – Mohan A. Harihar, filed by mail to this Court a

RESPONSE to orders associated with Documents No.’s 38 and 39, which were issued by

Middlesex Superior Court Judge – Hon. Janice W. Howe. This Court is aware that as a matter

of record, the Plaintiff has evidenced a list of civil and criminal violations involving Judge

Howe (and other Court officers) - clearly impacting her jurisdiction and disqualifying the judge

from ruling on this (or any other related) docket. Due to the severity of these evidenced claims

and its relationship to the related Federal Complaint - HARIHAR v US BANK et al (Docket

No. 15-cv-11880)1, the Plaintiff additionally emailed a copy of his Response to: (1) the Court

1
On page two (2) of the Defendant’s Opposition, reference is made to an order in the related Federal litigation –
HARIHAR v US BANK et al, stating that the Plaintiff “shall make no further filings…” – What the Defendants
FAIL to say is that the order has been issued by RECUSED/DISQUALIFIED US District Court Judge – Hon.
Clerk – Arthur Deguglielmo; (2) Federal/State Prosecutors; (3) Governor Charlie Baker (R-MA);

(4) several US Congressional Offices; and (5) counsel for the Defendants – David E. Fialkow,

Esq. (K&L Gates, LLP) and Jeffrey B. Loeb, Esq. (Rich May, PC).2

On Thursday, December 5, 2019, the Plaintiff sent a follow-up email to Clerk Deguglielmo, as

the hardcopy delivered to the Middlesex Superior Court Clerk's Office via US Priority Mail had

still NOT been docketed.3 Two (2) weeks has now passed – and the Plaintiff Response is still

not docketed. This is a recurring theme as it is not the first time the Plaintiff’s filed documents

have not been recorded, showing cause to (at minimum) bring incremental Tampering,

Concealment, Obstruction of justice and RICO/Collusion claims against Judge Howe and

Clerk Deguglielmo.

To be clear, the Plaintiff is reporting evidenced CRIMINAL violations that should certainly be

considered an EMERGENCY, warranting the immediate attention of Federal Prosecutors,

this Court and the Governor’s Office – NOT the opinion of the Defendants in a 9A

opposition. As a respectful reminder, the list of evidenced violations involving Judge Howe

includes (but is not limited to):

1. Judicial Fraud on the Court under Fed. R. Civ. P 60(b)(3);

2. Civil (and Criminal) RICO violations under (at minimum) 18 U.S. Code § 1964;
3. Color of Law violations under 18 U.S. Code § 242;
4. Due Process violations under the Fifth and Fourteenth Amendments;
5. Ignoring ARTICLE III, 18 U.S.C. § 2381 and 28 U.S.C. § 1446 - as it pertains to
the referenced Federal litigation;
6. Refusing to Recuse;

Allison Dale Burroughs, who has NO jurisdiction to issue such an order and stands formally accused of the
EXACT SAME PATTERNS of CORRUPT CONDUCT as exemplified in this Superior Court case – including
Judicial Treason.
2
See Exhibit 1 – to view the 11/29/19 email to Clerk Arthur Deguglielmo.
3
See Exhibit 2 – to view the 12/5/19 follow-up email to Clerk Arthur Deguglielmo.
 7. 18 U.S. Code § 2076 - by instructing a Court Clerk – Arthur Deguglielmo not
to accept or Docket filed documents by the Plaintiff;
8. Unnecessary Judicial Delay;
9. Failure to acknowledge and uphold Massachusetts Rules of Civil Procedure
60(b)(3) - Fraud on the Court, as it pertains to evidenced (and UNOPPOSED)
claims against named Defendants;
10. Ignoring ELEVEN (11) judicial recusals of record (9 Federal, 2 State, all related
to this litigation) and their impact to associated judgements;
11. Refusing to accept the Plaintiff’s arguments as FACT, refusing DISCOVERY
and Refusing to Allow the Plaintiff to Depose Witnesses;
12. Refusing to acknowledge that: (1) the Department of Justice (DOJ); (2) MA
Office of the Attorney General (MA AGO); and (3) Federal Bank Regulators –
have ALL identified the Plaintiff’s referenced Foreclosure as ILLEGAL;
13. Refusing to re-establish a balance of hardships;
14. Refusing to Acknowledge Public Perception and the MASSACHUSETTS
CODE OF JUDICIAL CONDUCT; and
15. Ignoring Continued Concerns for the Plaintiff’s Personal Safety and Security

A review of the record will reveal that the Plaintiff has provided supporting arguments for each

and every claim referenced above. In their filed opposition (to a motion that has not been

docketed), the Defendants here label these evidenced claims as, “baseless…” - failing however

to provide any support to show how they could attach such a label. The insistence here by

the Defendants - to continue aligning with this disqualified judicial officer(s) is consistent with

the patterns of corrupt conduct evidenced throughout the history of this litigation. The Plaintiff

respectfully states that if there is a question regarding a single one (1) of his evidenced

claims, he is more than happy to review the record and the supporting arguments to show

how he arrived at ALL of his conclusions. It should be noted that Judge Howe has not

addressed, defended or refuted a single claim evidenced against her – simply refusing to

recuse without showing valid cause and continuing to issue orders in what is clearly an

effort to reach a corrupt and pre-determined outcome.

With regard to the Plaintiff’s good faith effort to confer with the Defendants (even though this is

NOT a 9A issue) – the Plaintiff obviously has made that effort, or else HOW would the

Defendants even know that the response was filed if it has yet to be docketed.4 Once again,

evidenced acts of deception which certainly add incrementally to the Plaintiff’s RICO/Collusion

claims of record. Any OBJECTIVE observer would agree.

The Plaintiff also makes the Court aware of a NEW Discovery that at minimum evidences an

UNDISCLOSED conflict of interest involving Judge Howe and her HUSBAND – Douglas

Howe Jr. Hardcopies of the motion were mailed to counsel on December 11, 2019 and is

intended to be filed with this Court as part of a motion package as required under Superior Court

Rule 9A. Since this new discovery adds incrementally to evidenced criminal claims of record:

(1) Federal Prosecutors; (2) the Clerk of the Court - Arthur Deguglielmo; and (3) additional

government (Federal and MA State) offices/agencies have already been informed via email.5

Finally, the Plaintiff – while under no obligation to do so has IN GOOD FAITH, offered ALL

Defendant parties the opportunity to reach a legal settlement agreement. The Plaintiff has even

delivered settlement proposals at the request of the Defendants. However, no agreement has

been made at this stage with ANY party. Therefore, unless a legal (and timely) settlement

4
See Exhibit 3 – to view a 12/15/19 snapshot of the Massachusetts Trial Court Electronic Case Access Page.
Document No. 39 shows the VOID Summary Judgment Order issued by DISQUALIFED Superior Court Judge –
Hon. Janice W. Howe; Followed by Document No. 40 – the Defendant’s collective OPPOSITION (Docketed on
12/10/19) to the Plaintiff’s filed RESPONSE which was never docketed by Clerk Arthur Deguglielmo.
5
See Exhibit 4 – to view the 12/11/19 Email delivered to Attorneys – David E. Fialkow (K&L Gates, LLP) and
Jeffrey B. Loeb (Rich May, PC) which included the Motion that reveals the undisclosed conflict of interest
between DISQUALIFIED Superior Court Judge – Hon. Janice W. Howe and her husband – Real
Estate/Insurance businessman, Douglas Howe, Jr.
agreement(s) is reached between parties (referencing civil portions of the complaint only), it

becomes necessary to move forward with next legal steps both here and in the Federal Court.

Please be advised, since there appears to be continued instruction from Judge Howe to Clerk

Deguglielmo – NOT to docket certain documents filed by the Plaintiff, the original hardcopy

associated with this REPLY will be delivered via US Priority Mail to the direct attention of

Michael A. Sullivan – Clerk of the Courts. Copies of the reply will also be delivered

electronically via email to: (1) Clerk Sullivan; (2) Assistant Clerk Magistrate – Matthew Day;

(3) Clerk Arthur Deguglielmo; (4) Federal/State Prosecutors; (5) Governor Baker’s Office; (6)

Counsel for the Defendants; and (7) separately to the Public/Media outlets nationwide for

documentation purposes and out of continued concerns for my personal safety and security.

If the Court has ANY questions regarding any portion of this REPLY, or if additional

information is required, the Plaintiff is happy to provide upon request. The Plaintiff is grateful

for the Court’s attention to this very serious and sensitive matter.

Respectfully submitted,

Mohan a. Harihar
Plaintiff – Pro Se
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
December 15, 2019 Mo.harihar@gmail.com
Exhibit 1
 Mohan Harihar <moharihar@gmail.com>

Plaintiff Response/Emergency Motion - HARIHAR v WELLS FARGO, et

al, Docket No. 1981cv00050
Mohan Harihar <moharihar@gmail.com> Fri, Nov 29, 2019 at 12:59 PM
To: Arthur T Deguglielmo <arthur.deguglielmo@jud.state.ma.us>
Cc: "Constituent.services@state.ma.us" <constituent.services@massmail.state.ma.us>,
governor.schedule@state.ma.us, dan_jackson@ao.uscourts.gov, NewYorkComplaints Dojoig
<dojoig.newyorkcomplaints@usdoj.gov>, theresa watson3 <theresa.watson3@usdoj.gov>, andrew lelling
<andrew.lelling@usdoj.gov>, mary murrane <mary.murrane@usdoj.gov>, christina sterling
<christina.sterling@usdoj.gov>, Susan Goldberg <susan_goldberg@ca1.uscourts.gov>, elizabeth warren
<elizabeth_warren@warren.senate.gov>, sydney levin-epstein <sydney_levin-
epstein@markey.senate.gov>, ayanna pressley <ayanna.pressley@mail.house.gov>, lori trahan
<lori.trahan@mail.house.gov>, maura.healey@state.ma.us, jesse.boodoo@state.ma.us, igo-
fightfraud@state.ma.us, ma-igo-general-mail@state.ma.us, Nairoby Gabriel
<Nairoby_Gabriel@warren.senate.gov>, Nora Keefe <Nora_Keefe@warren.senate.gov>, "Jeffrey B.
Loeb" <JLoeb@richmaylaw.com>, david fialkow <david.fialkow@klgates.com>

Clerk Deguglielmo,

Please be advised - the following Plaintiff RESPONSE/Emergency Motion is attached for filing in
the above-referenced Docket. Hardcopies are also being mailed to the Court and to counsel of
record. Due to the severity of evidenced criminal violations involving Middlesex Superior Court
Judge - Hon. Janice W. Howe - and the relationship to ongoing Federal litigation involving the
Defendant - Commonwealth of Massachusetts (Ref. HARIHAR v US BANK et al, Docket No. 15-
cv-1188), the following Government Offices/Agencies are necessarily copied on this email
communication: (1) Governor Charlie Baker’s Office; (2) The Department of Justice (DOJ); (3)
Members of Congress; (4) MA Attorney General Maura Healey; (5) The White House via
www.whitehouse.gov; and also (6) Counsel for the named Defendants. The Plaintiff respectfully
states that based on his interpretation of the law, IF this Emergency Motion is not properly filed and
entered upon the docket, it will evidence incremental violations to 18 U.S. Code § 1512(b)(2)(A) and
18 USC § 2071. Copies of this REPLY/Emergency Motion will also be made available to the Public
and to media outlets nationwide for documentation purposes and out of continued concerns for my
personal safety and security. If the Court has ANY questions regarding any portion of this
REPLY/Emergency Motion, or if additional information is required, the Plaintiff is happy to provide
upon request. The Plaintiff is grateful for the Court’s attention to this very serious and sensitive
matter.

Respectfully submitted,

Mohan a. Harihar
Plaintiff – Pro Se
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
mo.harihar@gmail.com

Plaintiff EMERGENCY Motion to REMOVE Disqualified Judge - Hon Janice W Howe.pdf

417K
Exhibit 2
 Mohan Harihar <moharihar@gmail.com>

NOT DOCKETED: Plaintiff Response/Emergency Motion - HARIHAR v

WELLS FARGO, et al, Docket No. 1981cv00050
Mohan Harihar <moharihar@gmail.com> Thu, Dec 5, 2019 at 8:22 AM
To: Arthur T Deguglielmo <arthur.deguglielmo@jud.state.ma.us>
Cc: "Constituent.services@state.ma.us" <constituent.services@massmail.state.ma.us>,
governor.schedule@state.ma.us, dan_jackson@ao.uscourts.gov, NewYorkComplaints Dojoig
<dojoig.newyorkcomplaints@usdoj.gov>, theresa watson3 <theresa.watson3@usdoj.gov>, andrew lelling
<andrew.lelling@usdoj.gov>, mary murrane <mary.murrane@usdoj.gov>, christina sterling
<christina.sterling@usdoj.gov>, Susan Goldberg <susan_goldberg@ca1.uscourts.gov>, elizabeth warren
<elizabeth_warren@warren.senate.gov>, sydney levin-epstein <sydney_levin-
epstein@markey.senate.gov>, ayanna pressley <ayanna.pressley@mail.house.gov>, lori trahan
<lori.trahan@mail.house.gov>, maura.healey@state.ma.us, jesse.boodoo@state.ma.us, igo-
fightfraud@state.ma.us, ma-igo-general-mail@state.ma.us, Nairoby Gabriel
<Nairoby_Gabriel@warren.senate.gov>, Nora Keefe <Nora_Keefe@warren.senate.gov>, "Jeffrey B.
Loeb" <JLoeb@richmaylaw.com>, david fialkow <david.fialkow@klgates.com>

Clerk Deguglielmo,

As of this morning, December 5, 2019, the Plaintiff's Emergency Motion delivered: (1) to your direct
attention via email on Friday, November 29, 2019 (Attached as reference below); and (2) as a
hardcopy to the Middlesex Superior Court Clerk's Office via US Priority Mail has NOT been docketed
in the above-referenced complaint. Due to the severity of evidenced criminal violations involving
DISQUALIFIED Middlesex Superior Court Judge - Hon. Janice W. Howe - and the relationship to
ongoing Federal litigation involving the Defendant - Commonwealth of Massachusetts (Ref.
HARIHAR v US BANK et al, Docket No. 15-cv-1188), you are respectfully asked to clarify the
reason for this delay. Please be advised, parties copied on this email necessarily include US
Attorney Andrew Lelling (MA), Governor Charlie Baker (R-MA) and other Government
offices/agencies as this unnecessary delay to file the Plaintiff's documents appear (at minimum) as an
effort to obstruct justice under 18 U.S. Code § 1503. Copies of this email will be made available to
the Public and to media outlets nationwide for documentation purposes and out of continued
concerns for my personal safety and security. Please provide the requested clarification today before
5pm EST. Thank you for your attention to this very serious and sensitive matter.

Respectfully,

Mohan a. Harihar
Plaintiff – Pro Se
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
mo.harihar@gmail.com
Exhibit 3
Exhibit 4
 Mohan Harihar <moharihar@gmail.com>

NEW Discovery - HARIHAR v WELLS FARGO, Docket No. 1981-cv-00050

Mohan Harihar <moharihar@gmail.com> Wed, Dec 11, 2019 at 1:46 PM
To: david fialkow <david.fialkow@klgates.com>, "Jeffrey B. Loeb" <JLoeb@richmaylaw.com>
Cc: Arthur T Deguglielmo <arthur.deguglielmo@jud.state.ma.us>, NewYorkComplaints Dojoig
<dojoig.newyorkcomplaints@usdoj.gov>, theresa watson3 <theresa.watson3@usdoj.gov>, andrew lelling
<andrew.lelling@usdoj.gov>, mary murrane <mary.murrane@usdoj.gov>, christina sterling
<christina.sterling@usdoj.gov>, governor.schedule@state.ma.us, "Constituent.services@state.ma.us"
<constituent.services@massmail.state.ma.us>, elizabeth warren
<elizabeth_warren@warren.senate.gov>, sydney levin-epstein <sydney_levin-
epstein@markey.senate.gov>, lori trahan <lori.trahan@mail.house.gov>, ayanna pressley
<ayanna.pressley@mail.house.gov>, maura.healey@state.ma.us, jesse.boodoo@state.ma.us, igo-
fightfraud@state.ma.us, ma-igo-general-mail@state.ma.us, James <james.segerdahl@klgates.com>,
"Michael S." <michael.caccese@klgates.com>, Mark <mark.haddad@klgates.com>, "Beth H."
<beth.weisberg@klgates.com>, "Thomas H. Bilodeau" <tbilodeau@richmaylaw.com>, "Stephen M. Kane"
<skane@richmaylaw.com>, "Nicolas A. Kensington" <nkensington@richmaylaw.com>, "Eric J.
Krathwohl" <ekrathwohl@richmaylaw.com>, "Walter L. Landergan" <wlandergan@richmaylaw.com>,
"Emmett E. Lyne" <elyne@richmaylaw.com>, robert tedesco <rtedesco@richmaylaw.com>,
chairmanoffice@sec.gov, CommissionerStein@sec.gov, CommissionerJackson@sec.gov,
CommissionerPeirce@sec.gov

Attorneys Fialkow and Loeb,

Please be advised, the attached Plaintiff Motion reveals a NEW Discovery that at minimum
evidences an undisclosed conflict of interest involving DISQUALIFIED Middlesex Superior Court
Judge – Hon. Janice W. Howe and her HUSBAND – Douglas Howe Jr. It should be clear to any
objective observer that you, along with your clients - Bank Defendants – WELLS FARGO/US BANK
and Defendant - MERS, Inc. have been aware of this conflict of interest and have consciously chosen
to remain silent. Hardcopies of the motion are being mailed to your attention today, December 11,
2019 and is intended to be filed as part of a motion package as required under Superior Court Rule
9A. Since this new discovery adds incrementally to evidenced criminal claims of record: (1)
Federal Prosecutors; (2) the Clerk of the Court - Arthur Deguglielmo; and (3) additional government
(Federal and MA State) offices/agencies will necessarily be copied on this email.

Please note, the Motion also updates the Court - that the Plaintiff has IN GOOD FAITH, offered ALL
Defendant parties the opportunity to reach a legal settlement agreement. However, no agreement has
been made at this stage with ANY party. Therefore, unless a legal (and timely) settlement
agreement(s) is reached between parties, it becomes necessary to move forward with next legal
steps both here and in the Federal Court. Mr. Fialkow, I have yet to receive an answer regarding my
settlement proposal that was delivered at your clients' request on December 1, 2019. Mr. Loeb,
after providing a settlement proposal to your clients - again, at their request, you stated that they are
not interested in moving forward with the discussion at this time. I respectfully request that you each
confirm the legal position of your clients before the close of business tomorrow - December 12, 2019,
so that I can update the Court, as well as Federal/State Prosecutors. Thank you for your attention to
this serious and sensitive legal matter.
Sincerely,

Mohan a. Harihar
Plaintiff – Pro Se
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
mo.harihar@gmail.com

Plaintiff Motion RE Discovery of NEW Evidence - Douglas Howe.pdf

374K
 CERTIFICATE OF SERVICE

I hereby certify that on December 15, 2019, I filed the foregoing REPLY with the Clerk(s) of
the Court – MICHAEL A. SULLIVAN and to counsel for the Defendants (listed below) via
US Mail and Email Communication:

Jeffrey B. Loeb, Esq.

Rich May, PC
176 Federal Street
Boston, MA 02110
617.556.3871
JLoeb@richmaylaw.com

David E. Fialkow
K&L Gates, LLP
State Street Financial Center
One Lincoln Street
Boston, MA 02111
david.fialkow@klgates.com

Mohan a. Harihar
Plaintiff – Pro Se
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
Mo.harihar@gmail.com