Human Rights Alert: PO Box 526, La Verne, CA 91750 Blog: Scribd

Digitally signed by
Joseph Zernik
Human Rights Alert DN: cn=Joseph
Zernik, o, ou,
PO Box 526, La Verne, CA 91750 email=jz12345@ear
Fax: 323.488.9697; Email: jz12345@earthlink.net thlink.net, c=US
Blog: http://human-rights-alert.blogspot.com/ Date: 2011.02.01
Scribd: http://www.scribd.com/Human_Rights_Alert 20:20:13 +02'00'
11-01-27 Log Cabin Republicans v USA et al (10-56634), US Court of Appeals, 9th Circuit,
Zernik’s papers (Dkt 54-56): Reply in Support of Motion to Intervene and Request for
a Statement on the Record by Clerk Dwyer, as posted in the PACER docket
Attached:
1. 11-01-27 Dkt 54 Zernik’s Request for extension of time to reply;
2. 11-01-27 Dkt 055 Zernik’s Reply in support of Motion to Intervene;
3. 11-01-28 Dkt 056 Zernik’s Request for a Statement by Clerk Dwyer.
MOLLY C..DWYER, CLERK
Case: 10-56634 01/27/2011 \Page: 1 of 12 ID: 7629689 DktEEBt~I.~40FAPPEALS
JAN 2 7 2011
FILED ---
DOCKETED --D=A=TE~- INITIAL
Case Nos 10-56634 and 10-56813
IN THE UNIED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT
Log Cabin Republicans,

a non-profit corporation,
Plaintiff-Appellee/Cross Appellant,
vs
United States of America; Robert M Gates,
Secretary of Defense, in his official capacity,
Defendants-Appellants/Cross Appellees.
ON APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE CENTRAL DISTRICT OF CALIFORNIA
No CV 04-8425, Honorable Virginia A Phillips, Judge
[PROPOSED] INTERVENOR DR JOSEPH ZERNIK'S REQUEST FOR

EXTENSION OF TIME TO REPLY RE: RESPONSES ON MOTION TO
INTERVENE AND CONCOMITANTLY FILED PAPAERS
Joseph Zernik, PhD Digitally signed

by Joseph Zernik
Human Rights Alert (NGO) DN: cn=Joseph
In Pro Se Zernik, 0, OU,
) •~ email=jz12345@
2231 South Court, Palo Alto, CA 94301 earti1link.net,
Telephone: (323) 521-6209, Facsimile (213) 261-9881 c=US
Date: 2011.01.21
jz12345@earthlink.net 11 :22:29 +02'00'
Case: 10-56634 01127/2011 Page: 2 of 12 ID: 7629689 DktEntry: 54
, [PROPOSED] INTERVENOR DR JOSEPH ZERNIK'S REQUEST FOR

i
I
EXTENSION OF TIME TO REPLY RE: RESPONSES ON MOTION TO
I
j INTERVENE AND CONCOMITANTLY FILED PAPAERS RE: RESPONSES ON
I MOTION TO INTERVENE AND CONCOMITANTLY FILED PAPAERS

I TO THE COURT AND PARTIES OF RECORD, Proposed Intervenor Dr Joseph Zernik
("Zemik") herein files request for extension of time to reply re: Responses on Motion to
Intervene and Concomitantly Filed Paper.
Zernik is pro se filer, and would need additional time to study and reply on parties'
responses.
Parties served Zemik by paper mail, not by email, as requested, therefore further
limiting his time to reply.
Therefore, the US Court of Appeals, 9th Circuit, is respectfully requested to grant
j
Zemik extension of time to reply.
1
I
.; I
Respectfully submitted,
I
January 21 st, 2011,
Joseph Zemik
~:'~PhZ~
[Proposed} Intervenor, In Pro Se
2231 South Court
Palo Alto, CA 94301
Telephone: (323) 521-6209
Facsimile (213) 261-9881
jz12345@earthlink.net
PROOF OF SERVICE
I, the undersigned Joseph Zernik, served the documents described as [PROPOSED]

INTERVENOR DR JOSEPH ZERNIK'S REQUEST FOR EXTENSION OF TIME
TO REPLY on parties in this action by depositing a true copy thereof, which was
enclosed in a sealed envelope, with postage fully prepaid in the United States Mail,
addressed as follows:
a. Counsel for United States of America

August E. Flentje (august.flentje@usdoj.gov)
(202) 514-3309
Anthony J. Steinmeyer (anthony.steinmeyer@usdoj.gov)
(202) 514-3388
Henry Whitaker (henry.whitaker@usdoj.gov)
(202) 514-3180
Attorneys, Civil Division, Appellate Staff
-I
Department of Justice
1 950 Pennsylvania Ave., NW Room 7256
Washington, D.C. 20530
b. Counsel for Log Cabin Republicans

Aaron Kahn (aakahn@whitecase.com)
(213) 620-7751
Earle Miller (emiller@whitecase.com)
(213) 620-7785
Dan Woods (dwoods@whitecase.com)
(213) 620-7772
White & Case LLP
633 West Fifth Street, Suite 1900
Los Angeles, CA 90071
I certify and declare, under penalty of perjury under the laws ofthe United
States of America and the State of California, that the foregoing is true and
correct.
Executed on January 21 st, 2011,

Joseph Zernik
Case: 10-56634 01/27/2011 Page: 4 of 12 ID: 7629689 DktEntry: 54
By: 2 7:
Joseph Zemik, PhD
[Proposed} Intervenor, In Pro Se
2231 South Court
Palo Alto, CA 94301
Telephone: (323) 521-6209
Facsimile (213) 261-9881
jzI2345@earthlink.net
Case Nos 10-56634 and 10-56813


vs

-.. No CV 04-8425, Honorable Virginia A Phillips, Judge
[PROPOSED] INTERVENOR DR JOSEPH ZERNIK'S AMENDED

CERTIFICATE OF SERVICE IN RE: REQUEST FOR EXTENSION OF
TIME TO REPLY RE: RESPONSES ON MOTION TO INTERVENE AND
CONCOMITANTLY FILED PAPAERS

by Joseph Zernik
Human Rights Alert (NGO) DN: cn=Joseph
In Pro Se J7
--:::l... Zernik, 0, OU,
2231 South Court, Palo Alto, CA 94301
) . ~L.. email=jz1234S@e
arthlink.net, c=US
Telephone: (323) 521-6209, Facsimile (213) 261-9881 Date: 2011.01.21
jzI2345@earthlink.net 20:32:40 +02'00'

CERTIFICATE OF SERVICE IN RE: REQUEST FOR EXTENSION OF
TIME TO REPLY RE: RESPONSES ON MOTION TO INTERVENE AND
CERTIFICATE OF SERVICE

INTERVENOR DR JOSEPH ZERNIK'S REQUEST FOR EXTENSION OF TIME
TO REPLY on parties listed below by email or by fax (as indicated below), in addition
to the mail service noted in the original Proof of Service:

August E. Flentje (august.t1entje@usdoj.gov)
(202) 514-3309
(202) 514-3388
(202) 514-3180
950 Pennsylvania Ave., NW Room 7256

(213) 620-7751
(213) 620-7785
(213) 620-7772
White & Case LLP
c. Filers of Amicus Briefs
1) SERVICEMEMBERS LEGAL DEFENSE WORK

Amicus Curiae,
Christopher L. Dueringer
Direct: 310-576-2183
[NTC Retained]
BRYAN CAVE LLP
Suite 300
120 Broadway
Santa Monica, CA 90401-2386
JAMES E.PIETRANGELO, II
Amicus Curiae - Pending,

[COR NTC]
Firm: 802.33.0501
P.O. Box 548
Avon, OH 44011
Fax 13102604183
BY EMAIL: c1dueringer@brvancave.com
2) SERVICEMEMBERS LEGAL DEFENSE NETWORK

Amicus Curiae,
William Hibsher, Partner
Direct: 212-541-1085
[NTC]
BRYAN CAVE LLP
1290 Avenue of the Americas
New York, NY 10104
JAMES E. PIETRANGELO, II
J Pietrangelo II, Esquire
[COR NTC]
(see above)
Fax 1 212541 1486
BY EMAIL: wjhibsher@brvancave.com

Chris LaRocco, Attorney
Amicus Curiae, Direct: 212-541-3163
[NTC]
BRYAN CAVE LLP
New York, NY 10104
Fax 1212541 1343
BY EMAIL: chris.larocco@brvancave.com
4) LAMBDA LEGAL DEFENSE AND EDUCATION FUND, INC.

Amicus Curiae,
Jon Davidson
Direct: 213-382-7600
[NTC]
LAMBDA LEGAL DEFENSE AND EDUCATION FUND, INC.
Ste.1300
3325 Wilshire Blvd.
Los Angeles, CA 90010-1729
By Fax: 1-213-351-6050@myfax.com
5) THE PALM CENTER

Amicus Curiae,
Bridget Jeanne Wilson, Esquire, Attorney
Direct: 619-232-8377
[COR LD NTC Retained]
Rosenstein, Wilson & Dean, P.L.C.
Suite 300
1910 First Avenue
San Diego, CA 92101
Fax: (619) 238-8376
BY EMAIL: bwilson@rwdlaw.com
6) SERVICEMEMBERS UNITED
Amicus Curiae,
Raven Sarnoff, Attorney
Direct: 213-536-4236
[NTC]
Sarnoff & Sarnoff, APLC
Firm: 213.536.4236
707 Wilshire Boulevard, Suite 4750
BY EMAIL: dsarnoff@sarnofflaw.com
Amicus Curiae,
David Joshua Sarnoff, Esquire, Attorney
Direct: 213-536-4236
[NTC]
Sarnoff + Sarnoff, APLC
Suite 4750
707 Wilshire Blvd.
BY EMAIL: Rsarnoff@sarnofflaw.com
I certify and declare, under penalty ofpeIjury under the laws of the United
States of America, that the foregoing is true and
correct.

Joseph Zemik
).~
By: _
Joseph Zernik, PhD
[Proposed] Intervenor, In Pro Se
2231 South Court
Palo Alto, CA 94301
Telephone: (323) 521-6209
Facsimile (213) 261-9881
Case Nos 10-56634 and 10-56813

··1
:.1 Log Cabin Republicans,
RECEIVED
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
• ·1 r a non-profit corporation,
I Plaintiff-Appellee/Cross Appellant,
JAN 27 2011
FILED------·
vs DOCKETED -D~A=:rE:---- "'i'i:\i·r;.r
J Defendants-Appellants/Cross Appellees.
1
-- ON APPEAL FROM THE UNITED STATES DISTRICT COURT

CERTIFICATE OF SERVICE IN RE: MOTION TO INTERVENE AND
·-1 Joseph Zernik, PhD Digitally signed
!
Human Rights Alert (NOO) by Joseph Zernik
.. DN: cn=Joseph
In Pro Se
)
~. 17 Zernik, 0, ou,
I 2231 South Court, Palo Alto, CA 94301 . ~L email=jz12345@e
i arthlink.net, c=US
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Telephone: (323) 521-6209, Facsimile (213) 261-9881 Date: 2011.01.21
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CERTIFICATE OF SERVICE IN RE: MOTION TO INTERVENE AND

.. J INTERVENOR DR JOSEPH ZERNIK'S MOTION TO INTERVENE AND
CONCOMITANTLY FILED PAPAERS on parties listed below by email, in addition
I to the mail service noted in the original Proof of Service:
I a. Counsel for United States of America

I
.• 1
(202) 514-3309
(202) 514-3388
(202) 514-3180

(213) 620-7751
(213) 620-7785
(213) 620-7772
White & Case LLP

Amicus Curiae,
Direct: 310-576-2183
[NTC Retained]
BRYAN CAVE LLP
Suite 300
120 Broadway
[COR NTC]
Firm: 802.33.0501
P.O. Box 548
I Avon, OH 44011
Fax 13102604183
I BY EMAIL: c1dueringer@bryancave.com

I
'. I
Amicus Curiae,
Direct: 212-541-1085
[NTC]
BRYAN CAVE LLP
New York, NY 10104
[COR NTC]
I
(see above)
Fax 1 212541 1486
BY EMAIL: wjhibsher@bryancave.com
.I
I
I Chris LaRocco, Attorney
! Amicus Curiae, Direct: 212-541-3163
"j [NTC]
'I BRYAN CAVE LLP
·1 ! New York, NY 10104
Fax 1 212541 1343
BY EMAIL: chris.larocco@bryancave.com

Amicus Curiae,
Jon Davidson
Direct: 213-382-7600
[NTC]
LAMBDA LEGAL DEFENSE AND EDUCATION FUND, INC.
Ste. 1300
3325 Wilshire Blvd.
By EMAIL: jdavidson@lambdalegal.org
5) THE PALM CENTER

Amicus Curiae,
Direct: 619-232-8377
Suite 300
1910 First Avenue
San Diego, CA 92101
Fax: (619) 238-8376
Amicus Curiae,
Direct: 213-536-4236
[NTC]
Firm: 213.536.4236
Amicus Curiae,
Direct: 213-536-4236
[NTC]
Suite 4750
707 Wilshire Blvd.
I certify and declare, under penalty ofpetjury under the laws of the United
States of America, that the foregoing is true and
correct.

Joseph Zernik
By: _
Joseph Zemik, PhD
2231 South Court
Palo Alto, CA 94301
Telephone: (323) 521-6209
Facsimile (213) 261-9881
L.r
Case Nos 10-56634 and 10-56813

RECEIVED
MOLLY C. DWYER, CLERK
Log Cabin Republicans, U.S. COURT OF APPEALS
JAN 2 7 2011
FILED----- - -
DOCKETED -D=A==:rE~- INITIAL
vs


[Proposed] INTERVENOR DR JOSEPH ZERNIK'S VERIFIED REPLY

IN SUPPORT OF MOTION TO INTEVENE AND RELATED PAPERS
(Dkt#39-47 under 10-56634)

In Pro Se by Joseph Zernik
DN: cn=Joseph
2231 South Court Zernik, 0, OU,
Palo Alto, CA 94301 ) .~ email=jz12345@
earthlink.net,
Telephone: (323) 521-6209 t=U5
Facsimile (213) 261-9881 Date: 2011.01.23
11 :08:15 +02'00'
.! I
- I
I
! [Proposed] INTERVENOR DR JOSEPH ZERNIK'S VERIFIED REPLY
I
I
IN SUPPORT OF MOTION TO INTEVENE AND RELATED PAPERS
·.. I
i (Dkt #39-47 under 10-56634)
I
i
-I TO THE COURT AND TO PARTIES: Intervenor Dr Joseph Zemik ("Zemik")
herein files his verified Reply in Support of his Motion to Intervene (Dkt #39-47
under 10-56634).
1. Zernik's Motion to Intervene reliably nformed the Court of
"unprofessional conduct" in litigation of Log Cabin Republicans v USA et
al in the US District Court.
The Motion to Intervene and related papers, listed as "filed" on January 7,
2011, (Dkt #39'-47 under 10-56634) requested the Court's leave to file, and
· ". ~ I pennission to intervene in instant appeals. The Motion and related papers also
·i
reliably infonned the Court of "unprofessional conduct" pertaining to litigation of
Log Cabin Republicans v USA et al (2:04-cv-08425) and Zernik v Connor et al

. '~ I (2:08-cv-01550) in the US District Court, Central District of California. In both
i
! cases Clerk of the US District Court refuses to certify the PACER dockets; in
Zernik v Connor et al only an invalid electronic certificate of authentication!
attestation (NEF - Notice of Electronic Filing) by the Clerk was discovered
pertaining to the Judgment; in Log Cabin Republicans v USA et al the clerk has
refused to produce the electronic certificate, in what the Court should deem
violation of First Amendment rights.
2/9
2. Zernik sought the Court's remedies relative to uncertified Judgments
from uncertified dockets of the US District Court in both Log Cabin
Republicans v USA et al (2:04-cv-08425) and Zernik v Connor et al (2:08-cv-
01550)
Accordingly, Zernik asked the Court to initiate corrective actions, including, but not
limited to Mandates on the US District Court, as detailed in the filings (Dkt #39-47).
Zernik's interest in the case, as detailed in the Motion to Intervene and related papers,
originated in part from the similarly in facts and law between the two cases. Zemik
further claimed that rulings by the Court on the matters raised in the proposed
Intervention is likely to substantially impact on the Human, Constitutional, and Civil
Rights of all under the 9th Circuit, and beyond.
3. Log Cabin Republican's Response, opposing the Motion to Intervene,
lacks in substance.
The following arguments were discerned in the Log Cabin Republican's
Response in opposition to the Motion to Intervene, listed as filed on January 11,
2011 (Dkt #49 under 10-56634):
a. "Proposed Intervenor Zernik has no connection to this case nor any known
interest therein".
The claim lacks in foundation. It ignored the detailed arguments presented in
Zernik's Motion to Intervene pertaining to his interest in the case, and the legal
foundation for pennitting such intervention, including, but not limited to the
3/9
similarity in facts and law relative to conduct of Log Cabin Republicans v USA
-i
et al and Zernik v Connor et al in the US District Court.
-I
I
b. "The motions and requests are incoherent and do not demonstrate good cause
to intervene".
The claim lacks in foundation. It should be deemed at best a handwaving
argument.
c. "Neither party has invited the participation of this individual in this case".
The response failed to provide any legal reference that intervention in the US
courts is by party's invitation only.
d. "[H]is intervention would not advance the resolution of the constitutional
issued presented".
Zernik argued that the Court should find itself lacking in jurisdiction in
conduct of an appeal from an uncertified judgment, and that the parties should
have no interest in conduct of an appeal from an uncertified judgment. It
remained incomprehensible how the Log Cabin Republicans propose to resolve
constitutional issues through the conduct of such appeal. On the contrary,
Zernik claimed that conduct of such appeal would inherently violate

;
i
,i constitutional principles, while addressing the matters inherent to the Motion to
i
I
-I Intervene and concomitantly filed Motions and Requests would substantially
I
-1
impact on the Human, Constitutional, and Civil Rights of all under the 9th
I
I Circuit and beyond.
4/9
4. Log Cabin Republicans failed to produce the electronic certificate of

·'...1'
authentication/attestation (NEF - Notice of Electronic Filing) of the
October 2010 Judgment in their response.
As a CMlECF authorized party to the litigation in the US District Court,
counsel for the Log Cabin Republicans should have the NEF of the October 20 I 0
Judgment in their possession. Several requests were forwarded to counsel for the
Log Cabin Republicans in recent months to produce a copy of the Certificate. In
their Response, the Log Cabin Republicans failed to do the obvious - produce the
Certificate of the October 2010 Judgment. Neither did the Response provide any
explanation for the refusal to produce the Certificate.
5. Counsel for the USA did not oppose Zernik's Motion to Intervene.
The Court should note that counsel for the USA have not opposed Zemik's
Motion to Intervene, inherent to which is the Motion for a Declaratory Mandate:
Why the appeals from an uncertified judgment should not be dismissed for lack of
jurisdiction and/or mootness.
6. Clerk of the US District Court has not produced the Certificate since the
filing of the Motion to Intervene, either.
The Court should also note that the Clerk of the US District Court has not
produced the electronic Certificate of the October 2010 Judgment since the filing
of the Motion to Intervene, either.
7. Therefore, the US Court of Appeals, 9th Circuit, is respectfully requested
to grant Zernik's Motion to Intervene.
5/9
For all the reasons in paragraphs 1-6 above, the Court should grant Zernik's
Motion to Intervene.
Dated: January 23 rd , 2011 Joseph Zernik
).~
By: _
JOSEPH H ZERNIK
Intervenor, In Pro Se
2231 South Court
Palo Alto, CA 94301
Telephone: (323) 521-6209
Facsimile (213) 261-9881
STATEMENT OF VERIFICATION
I, the undersigned, Joseph Zernik, read instant [Proposed] Intervenor's

VERIFIED REPLY IN SUPPORT OF MOTION TO INTERVENE, and I
know the content thereof to be true and correct; it is true and correct based on my
own personal knowledge, except as to those matters therein stated as based upon
information and belief, and as to those matters, I believe them to be true and
correct as well.
I make this declaration that the foregoing is true and correct under penalty of
perjury pursuant to the laws of the United States.
Executed on January 23 rd, 2011.
Joseph Zernik
6/9
I, the undersigned Joseph Zernik, served this date the documents described as: VERIFIED
REPLY IN SUPPORT OF MOTION TO INTERVENE on parties in this
action by a) dispatching it to a third party commercial carrier for delivery within 3
.. .business days, and/or b) emailing (as listed below) true copy thereof, as follows:
··'1
I
i a. Counsel for United States of America
!
Anthony 1. Steinmeyer (anthony.steinmeyer@usdoj.gov)
(202) 514-3388
I (202) 514-3309
I (202) 514-3180
~ Attorneys, Civil Division, Appellate Staff
BY EMAIL AND BY COMMERCIAL CARRIER

(213) 620-7772
(213) 620-7785
(213) 620-7751
White & Case LLP
I c. Filers of Amicus Briefs

Amicus Curiae,
Direct: 310-576-2183
[NTC Retained]
BRYAN CAVE LLP
Suite 300
120 Broadway
[CORNTC]
Firm: 802.33.0501
P.O. Box 548
Avon, OH 44011
7/9
Fax 1 310 260 4183

BY EMAIL: c1dueringer@bryancave.com

Amicus Curiae,
Direct: 212-541-1085
[NTC]
BRYAN CAVB LLP
New York, NY 10104
[CORNTC]
(see above)
Fax 1 212541 1486
BY EMAIL: wjhibsher@bryancave.com

[NTC]
BRYAN CAVB LLP
New York, NY 10104
Fax 1 212541 1343
BY EMAIL: chris.larocco@bryancave.com

Amicus Curiae,
Jon Davidson
Direct: 213-382-7600
""
I [NTC]
LAMBDA LEGAL DEFENSE AND EDUCAnON FUND, INC.
'I""' Ste.1300
I 3325 Wilshire Blvd.
j Los Angeles, CA 90010-1729
5) THE PALM CENTER

Amicus Curiae,
Direct: 619-232-8377
Suite 300
1910 First Avenue
San Diego, CA 92101
Fax: (619) 238-8376
Amicus Curiae,
Direct: 213-536-4236
[NTC]
8/9

Firm: 213.536.4236
Amicus Curiae,
Direct: 213-536-4236
[NTC]
Suite 4750
707 Wilshire Blvd.
I certify and declare, under penalty of perjury under the laws of the United
States of America, that the foregoing is true and correct.
Executed on January 23 rd , 2011,
Joseph Zemik
).~
By: _
JOSEPH ZERNIK
2231 South Court
Palo Alto, CA 94301
Telephone: (323) 521-6209
Facsimile (213) 261-9881
jz 12345@earthlink.net
9/9
Case: 10-56634 01128/2011 P~e: 1 of 11 ID:7629720 DktEr1IY:s>Eb E J V E 0
MOLLY C. DWYER CLERK
U.S. CotJRT OF APPEALS
JAN 28 2GH
Case Nos 10-56634 and 10-56813 FILED
OOCKE=TE:':'"O-----

.i
i FOR THE NINTH CIRCUIT
..'...j'
I
I
I
i Plaintiff-Appellee/Cross Appellant,
vs
~ United States of America; Robert M Gates,

~
-~l ~
--......
......--..
.';0· .!
!
i s:0
... ! FOR THE CENTRAL DISTRICT OF CALIFORNIA
[Proposed] INTERVENOR DR JOSEPH ZERNIK'S VERIFIED

MOTION FOR ORDERS ON CLERK OF THE COURT MOLLY C
DWYER FOR:
1) A STATEMENT ON THE RECORD IN RE: RECORDS IN
APPEALS UNDER LOG CABIN REPUBLICANS V USA ET AL, AND
2) PUBLICATION AND SERVICE OF THE NDAs (NOTICES OF
DOCKET ACTIVITY) IN INSTANT APPEALS
Joseph Zemik, PhD

Digitally signed
In Pro Se by Joseph Zernik
DN: cn=Joseph
2231 South Court Zernik, 0, OU,
Palo Alto, CA 94301 ) •~ email=jz12345@
earthlink.net,
Telephone: (323) 521-6209 c~US
Facsimile (213) 261-9881 Date: 2011.01.23

11:15:23 +02'00'
[Proposed] INTERVENOR DR JOSEPH ZERNIK'S VERIFIED
DWYER FOR:
'J
I
I 1) A STATEMENT ON THE RECORD IN RE: RECORDS IN
APPEALS UNDER LOG CABIN REPUBLICANS V USA ET AL, AND
2) PUBLICATION AND SERVICE OF THE NDAs (NOTICES OF
DOCKET ACTIVITy) IN INSTANT APPEALS
TO THE COURT AND TO PARTIES: Intervenor Dr Joseph Zernik ("Zernik")
herein files his Motion for Orders on Clerk of the Court Molly C Dwyer, in re:
Records in appeals under Log Cabin Republicans v USA et at (10-56634 and 10-
56813).
1. Zernik has gained considerable familiarity with the design and practices
of PACER and CMIECF (online public access and case management
systems) in the US Courts.

.Ii Zemik has reviewed PACER and CMlECF records of numerous US district
. [
- .! courts and US courts of appeals from coast to coast. Zernik has also reviewed also
I
i
. I
I
i respective local rules of courts, general orders, users' manuals, instruction video
Ii transcripts, and other related materials in numerous US courts. Zernik has also
!
I
I published a report regarding the design and practices of the US courts pertaining
-I
to PACER and CMlECF in a peer-reviewed, scholarly, international computer
I
.1
. ·i 2/11
I
.,
- i
i science journal, with an Editorial Board listing computer science scholars from six
European nations and Canada. [I]
2. Zernik claims that the PACER dockets in instant Appeals appear vague
and ambiguous.
Zernik claims that certain points, detailed below, pertaining to the PACER
dockets of instant appeals remain vague and ambiguous, in alleged contradiction
with Due Process and First Amendment Rights.
3. Therefore, the US Court of Appeals, 9th Circuit, is respectfully requested
to enter the two orders, listed under 4) and 5) below, on Clerk of the Court
Molly C Dwyer.
The two orders on Clerk of the Court Molly C Dwyer, listed below, are requested by
Zernik in order to safeguard his Due Process and First Amendment rights, and the- Due
Process and First Amendment rights of all those, who are similarly situated.
4. Proposed Order #1: The Court is requested to Order Clerk Molly C
Dwyer to enter a statement on the record in re: records in appeals under
Log Cabin Republicans v USA et af (10-56634 and 10-56813).
The Court is requested to order Clerk Molly C Dwyer as follows.
Clerk of the Court Molly C Dwyer shall immediately enter a statement on the
record addressing the following points pertaining to court records in Log Cabin
Republicans v USA et al (10-56634 and 10-56813):
1 Zernik, J: Data Mining of Online Judicial Records of the Networked US Federal Courts,
International Journal on Social Media: Monitoring, Measurement, Mining, 1:69-83 (2010)
3/11
a) Validity of the PACER dockets under Log Cabin Republicans v USA et
., r
al (10-56634 and 10-56813) in their entirety:
Were the PACER dockets in the caption listed above constructed and
published pursuant to the law of the United States, under the authority of
Clerk Molly C Dwyer, and in compliance with her Oath of Office?
b) Validity and effect of the October 2010 Judgment in Log Cabin
Republicans v USA et al (2:04-cv-08425), from which the appeals were
taken:
1. In opening the dockets, did the Clerk establish that the October
2010 Judgment was entered by the US District Court in the
manner required by US law to render it a valid and effectual
judgment, which should be accorded full faith and credit?
11. Was the Date of Entry of Judgment of the October 20 10
Judgment recorded in the PACER dockets of instant Appeals?
111. If so, how did the Office of the Clerk determine the date on
which the October 2010 Judgment was entered by the US District
Court, to render it valid and effectual judgment, which should be
accorded full faith and credit?
c) Entry of records in the dockets of instant appeals:
4/11
Multiple records are listed in the dockets of instant appeals as "submitted"
or "filed". Are such records also deemed by the Clerk of the Court as
"entered" in the dockets?
d) Identity and authority of individuals who incorporated notations in the
dockets of instant appeals:
The following individuals are identified by initials, as the ones who
incorporated notations in the dockets of instant appeals:
HH, HCW, EM, RS, RY, ASW, CLD, PCR, BJW, OJS, PK, SO, JS, SB, BY, RY, BG, AK,
BJB, AJS, CW, and KO .

.. ":j
1. What are the full names of the individuals identified by the
initials listed above?
11. Are any and all such individuals authorized Deputy Clerks of the
Court?
111. Did the individuals, identified by the initials listed above, act
under the authority of the Clerk of the Court in incorporating the
respective notations in the dockets of instant appeals?
e) Validity and effect of the NADs (Notices of Docket Activity) as
certificates of authentication/attestation under the authority of the
Clerk of the Court:
5/11
1. Are the NDAs, which were presumably issued in CMlECF in
instant appeals, deemed by the Clerk of the Court valid and
effectual certificates of authentication/attestation under the
authority of the Clerk of the Court?
11. In case the NDAs are not deemed by the Clerk valid and
authority of the Clerk of the Court, will the Clerk of the Court be
ready, willing, able, to provide a valid and effectual certificate of
authentication/ attestation for the October 20,2010 Order, listed
in the names of Circuit Judges O'Scanlain, Trott, and W. Fletcher
(Dkt #5 under 10-56634), as an Order of the Court, which should
be accorded full faith and credit?
I 111. In case the NDAs are not deemed by the Clerk valid and
I
authority of the Clerk of the Court, will the Clerk of the Court be
ready, willing, able, to provide a valid and effectual certificate of
authentication/ attestation for the January 18,2011 Order issued
in the name of Deputy Clerk Liz Noteware (Dkt #52 under 10-
56634)?
I
I t) Validity and effect of signatures on records, which were published in
I the PACER dockets of instant appeals:

. -I
6/11
1. Did the Clerk of the Court discern any valid form of signature on
the October 20, 2010 Order, listed in the names of Circuit Judges
O'Scanlain, Trott, and W. Fletcher (Dkt #5 under 10-56634), as
- . published in the PACER dockets?
ii. If not, why would the clerk not remove the October 20, 2010
i Order (Dkt #5 under 10-56634) from the dockets?

-I
~
--
iii. Did the Clerk of the Court discern any valid form of signature on
the January 18,2011 Order issued in the name of Deputy Clerk
Liz Noteware (Dkt #52 under 10-56634), as published in the
PACER dockets?
IV. Ifnot, why would the clerk not remove the January 18,2011
I Order (Dkt #52 under 10-56634) from the dockets?
!
-j
5. Proposed Order #2: The Court is requested to order Clerk of the Court
-:1 Molly C Dwyer to publish the NDAs (Notices of Docket Activity) in the
dockets of instant appeals and serve the NDAs on Zernik.
The Court is requested to order Clerk Molly C Dwyer as follows.
The NDAs (Notices of Docket Activity) are court records, which are integral to
the court files in the Appeals under Log Cabin Republicans v USA et at (10-56634
and 10-56813). Therefore, pursuant to First Amendment and Due Process rights,
Clerk Molly C Dwyer shall immediately publish the NDAs in the respective
7/11
PACER dockets and serve the NDAs on Zernik by USPS First Class mail, while
. his request for CMlECF password is pending.
Dated: January 23 rd , 2011 Joseph Zernik
By: _
JOSEPH H ZERNIK
Intervenor, In Pro Se
2231 South Court
Palo Alto, CA 94301
Telephone: (323) 521-6209
Facsimile (213) 261-9881
jz12345@eartWink.net
STATEMENT OF VERIFICATION
I, the undersigned, Joseph Zemik, read instant [proposed] Intervenor's

VERIFIED MOTION FOR ORDERS ON CLERK OF THE COURT
MOLLY C DWYER, and I know the content thereof to be true and correct; it is
true and correct based on my own personal knowledge, except as to those matters
therein stated as based upon information and belief, and as to those matters, I
believe them to be true and correct as well.
I make this declaration that the foregoing is true and correct under penalty of
perjury pursuant to the laws of the United States.
Executed on January 23 rd , 2011.
Joseph Zernik
8/11
I, the undersigned Joseph Zernik, served this date the documents described as: VERIFIED
DWYER on parties in this action by a) dispatching it to a third party commercial
carrier for delivery within 3 business days, and/or b) emailing (as listed below)
true copy thereof,. as follows:

Anthony 1. Steinmeyer (anthony.steinmeyer@usdoj.gov)
(202) 514-3388
August E. F1entje (august.flentje@usdoj.gov)
(202) 514-3309
(202) 514-3180

(213) 620-7772
(213) 620-7785
(213) 620-7751
White & Case LLP

Amicus Curiae,
Direct: 310-576-2183
[NTC Retained]
BRYAN CAVB LLP
Suite 300
120 Broadway
[CORNTC]
Firm: 802.33.0501
P.O. Box 548
Avon, OR 44011
9/11
Case: 10-56634 01/28/2011 Page: 10 of 11 10: 7629720 OktEntry: 56
Fax 13102604183
BY EMAIL: c1dueringer@brvancave.com

Amicus Curiae,
Direct: 212-541-1085
[NTe]
BRYAN CAVB LLP
New York, NY 10104
[CORNTC]
(see above)
Fax 1 212541 1486
BY EMAIL: wjhibsher@brvancave.com

[NTe]
BRYAN CAVB LLP
New York, NY 10104
Fax 1 212541 1343
BY EMAIL: chris.larocco@brvancave.com

Amicus Curiae,
Jon Davidson
Direct: 213-382-7600
[NTe]
LAMBDA LEGAL DEFENSE AND EDUCAnON FUND, INC.
Ste. 1300
3325 Wilshire Blvd.
5) THE PALM CENTER

Amicus Curiae,
Direct: 619-232-8377
Suite 300
1910 First Avenue
San Diego, CA 92101
Fax: (619) 238-8376
Amicus Curiae,
Direct: 213-536-4236
[NTe]
10/11
Case: 10-56634 01/28/2011 Page: 11 of 11 10: 7629720 OktEntry: 56
I
I Firm.: 213.536.4236
I 707 Wilshire Boulevard, Suite 4750
I BY EMAIL: dsamoff@sarnofflaw.com
i
'1 7) SERVICEMEMBERS UNITED
~'i
Amicus Curiae,
.: I David Joshua Sarnoff, Esquire, Attorney
. 'I
Direct: 213-536-4236
I [NTC]
! Sarnoff + Sarnoff, APLC
Suite 4750
707 Wilshire Blvd.
I certify and declare, under penalty of perjury under the laws of the United
States of America, that the foregoing is true and correct.
Executed on January 23 rd , 2011,

"1
Joseph Zernik
By: _
JOSEPH ZERNIK
'j
1
.... , 2231 South Court
Palo Alto, CA 94301
Telephone: (323) 521-6209
Facsimile (213) 261-9881
11/11

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Digitally signed by

Case Nos 10-56634 and 10-56813

IN THE UNIED STATES COURT OF APPEALS

Log Cabin Republicans,

ON APPEAL FROM THE UNITED STATES DISTRICT COURT

[PROPOSED] INTERVENOR DR JOSEPH ZERNIK'S REQUEST FOR

Joseph Zernik, PhD Digitally signed

, [PROPOSED] INTERVENOR DR JOSEPH ZERNIK'S REQUEST FOR

I MOTION TO INTERVENE AND CONCOMITANTLY FILED PAPAERS

Intervene and Concomitantly Filed Paper.

limiting his time to reply.

Therefore, the US Court of Appeals, 9th Circuit, is respectfully requested to grant

I, the undersigned Joseph Zernik, served the documents described as [PROPOSED]

a. Counsel for United States of America

b. Counsel for Log Cabin Republicans

Executed on January 21 st, 2011,

Case Nos 10-56634 and 10-56813

IN THE UNIED STATES COURT OF APPEALS

Log Cabin Republicans,

ON APPEAL FROM THE UNITED STATES DISTRICT COURT

[PROPOSED] INTERVENOR DR JOSEPH ZERNIK'S AMENDED

Joseph Zernik, PhD Digitally signed

[PROPOSED] INTERVENOR DR JOSEPH ZERNIK'S AMENDED

I, the undersigned Joseph Zernik, served the documents described as [PROPOSED]

a. Counsel for United States of America

b. Counsel for Log Cabin Republicans

c. Filers of Amicus Briefs

1) SERVICEMEMBERS LEGAL DEFENSE WORK

Amicus Curiae - Pending,

2) SERVICEMEMBERS LEGAL DEFENSE NETWORK

3) SERVICEMEMBERS LEGAL DEFENSE NETWORK

4) LAMBDA LEGAL DEFENSE AND EDUCATION FUND, INC.

5) THE PALM CENTER

Executed on January 21 st, 2011,

Case Nos 10-56634 and 10-56813

IN THE UNIED STATES COURT OF APPEALS

[PROPOSED] INTERVENOR DR JOSEPH ZERNIK'S AMENDED

·-1 Joseph Zernik, PhD Digitally signed

[PROPOSED] INTERVENOR DR JOSEPH ZERNIK'S AMENDED

I, the undersigned Joseph Zernik, served the documents described as [PROPOSED]

I a. Counsel for United States of America

b. Counsel for Log Cabin Republicans

c. Filers of Amicus Briefs

1) SERVICEMEMBERS LEGAL DEFENSE WORK

2) SERVICEMEMBERS LEGAL DEFENSE NETWORK

4) LAMBDA LEGAL DEFENSE AND EDUCATION FUND, INC.

5) THE PALM CENTER

Executed on January 21 st, 2011,

Case Nos 10-56634 and 10-56813

IN THE UNIED STATES COURT OF APPEALS

United States of America; Robert M Gates,

ON APPEAL FROM THE UNITED STATES DISTRICT COURT

[Proposed] INTERVENOR DR JOSEPH ZERNIK'S VERIFIED REPLY

Joseph Zernik, PhD Digitally signed

1. Zernik's Motion to Intervene reliably nformed the Court of

"unprofessional conduct" in litigation of Log Cabin Republicans v USA et

al in the US District Court.

The Motion to Intervene and related papers, listed as "filed" on January 7,

Log Cabin Republicans v USA et al (2:04-cv-08425) and Zernik v Connor et al

Zernik v Connor et al only an invalid electronic certificate of authentication!

attestation (NEF - Notice of Electronic Filing) by the Clerk was discovered

violation of First Amendment rights.