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Now Pre-Approving Settlements!!!

GOOD NEWS!!! The cases were not dismissed without resolving the issues pertaining to Spencer!!!

Teams, Insiders and Concerned Citizens…_____________________________________________________________________

Please copy and paste the below message and send it to all of your contacts.  Thanks! 

Beginning of April 3, 2019 Update…

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Hello Everyone!!!

In response to March 26ths court hearing (The Update on the March 26, 2019 Hearing can be found by scrolling to the end of the April 3, 2019 Update.), the following 7 documents were filed at the Wake County Courthouse under Case No. 18CVD500442, April 2, 2019.  They are the exact same documents that have been properly filed under Case No. 18CV014434.

As a reminder, Case No. 18CVD500442 had its hearing on November 30, 2019 at an alternative location and its permanent hearing on January 8, 2019.  The Defendant, my Attorney Ex-Husband refused to appear, but did hire a Service Processor to appear in open court on his behalf in an attempt to serve me on additional secret (sealed) filings at the Fulton County, Georgia Courthouse.

Two months later, what we are still awaiting the final Order for Case No. 18CVD500442 from Judge Walczyk, the assigned Wake County, North Carolina judge for both cases.

I should also mention that we are also still awaiting an Order / Summary Judgment and correctly filed Motion to Stay for the second case, Case No. 18CV014434. Case No. 18CV014434’s trial date was March 26, 2019.

  1.  Submission Cover Sheet

2.  Motion for Assigned Judge to Hear All Case Matters

3.  Motion for Joinder Parties / Consolidation of Cases / Motion to Amend Complaint and Caption / Motion for Summary Judgment

4.  Motion to Take Judicial Notice of Adjudicative Facts – Includes Includes Audio and Video Records (Fulton County Police), Atlanta United and Plaintiff’s December 19, 2016 message to the Minor Child, Spencer.

5.  Affidavit of Due Diligence

6.  Notice of Filing on 1-8-19 Proposed Order

7.  Notice of Filing of Defendants Recent Motion for Contempt Filings Against the Plaintiff Under Fulton County Georgia Case No. 2019CV314842, 2013CV231662 and 2011CV205975

I have no other information related to the cases to provide at this time.

However, in the wake of Nipsey Hussle’s death, I have a few thoughts as follows…

  1.  You had me… until you started blaming the actual victim for his own murder… and yes, I heard every point and / or rationale loud and clear.
  2. You had me… until you started blaming White People for the victim’s murder… and yes, I can understand the cycle of grief and believe in conspiracies, truly I DO!!! I also know and understand from first hand experience HOW and WHY racism, systemic oppression and rampant – ruthless corruption has the chokehold ability to play an ever-present, lasting role… not only in my life, but his and millions of other citizens lives, particularly the lives of African American Descendants of Slaves.
  3. Still… point your thumbs at yourself, instead of your fingers at someone else… just like HE DID and LEAD by example. Figure out how to honor his philanthropic, inspirational community building legacy, with good character, un-wavering values and high integrity.
  4. If you’re about that life, go legit and go non-violently and legally hard…WITH YOUR DAY ONE (not switch-up types) RIDE OR DIE’S, for your community. We all play a role in transforming our communities and this nation.
  5. You can’t do it alone and you can’t take it with you! However, you can choose to pass on legitimate forms of generational wealth and the knowledge of how to build legitimate forms of generational wealth to the next generation of leaders in our community, this nation and THE WORLD… FOR the betterment of our community… and FOR generations to come in our community!

My sincere condolences to the family and community of Ermias Asghedom, aka Nipsey Hussle!

References (Video):

https://www.foxla.com/features/373135462-video

https://www.latimes.com/local/lanow/la-me-nipsey-hussle-final-moments-20190404-story.html

http://fortune.com/2019/04/01/the-many-aspirations-of-nipsey-hussle/

https://www.forbes.com/sites/zackomalleygreenburg/2019/04/01/for-nipsey-hussle-a-promising-career-and-wise-plans-cut-short/#33e83a131bb0

https://www.billboard.com/articles/business/8505072/nipsey-hussle-business-moves-ahead-of-his-time-list

http://thesource.com/2019/04/02/remembering-the-business-of-nipsey-hussle-from-entertainer-to-entrepreneur/

https://thegrio.com/2019/04/02/5-brilliant-business-moves-from-nipsey-hussle/

https://www.latimes.com/local/lanow/la-me-nipsey-hussle-south-la-20190402-story.html

Kimberly

Title: Spencer’s Mom

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End of April 3, 2019 Message

Beginning of March 27, 2019 Update…

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Hello Everyone!!!

I have GOOD NEWS!!! The cases were not dismissed without resolving the issues pertaining to Spencer!!!  Considering what Spencer and my family have been through over the last 8-10 years, I’ll take that type of day in court win any day!!!

In an attempt to preserve the Federal – U.S. Supreme Court Cases, I will limit my interpretation of yesterday’s court hearing appearance.  However, I will provide full discloser to the best extent of my ability.  As most of you are aware, U.S. District Court Eastern District of North Carolina Case No. 5:17-cv-00272-D is well past the Trial Court stage. As most of you are also aware, U.S. Court of Appeals Fourth Circuit Case No. 17-2418 and 18-1790 are also waaaayyyyy past the find an error stage.  In as much, the case will be transmitted to the Supreme Court of the United States by the U.S. Court of Appeals Clerks as a Habeas Corpus / Civil Rights case.

The transmittal of the cases from the U.S. Court of Appeals Clerks to the Supreme Court of the United States Clerks (Michael Duggan) will occur after the resolution of all matters pertaining to Spencer.  A Motion for Stay and Injunction Pending Appeal was properly filed in the U.S. Court of Appeals Fourth Circuit and delivered via filing to the U.S. District Court Eastern District of North Carolina.

I have nothing to hide and have maintain the SAME story with forthcoming evidence (Video’s, Audio Recordings, Witnesses, including a Mental Health provider who has over 40 years of experience and is licensed to practice in 5 separate States.

Here are the additional fast facts that were noted in the Wake County, North Carolina Order to Stay, which was received by me yesterday, but filed and date stamped March 12, 2019…

  1. The Case Numbers assigned to my cases in Wake County, North Carolina are Case Nos. 18CVD500442 and 18CV014434. Case No. 18CVD500442’s hearing was on November 30, 2018 and it included the exact same evidence (Video’s, Audio Recordings, Testimony, etc.) presented as evidence aloud via Video Cam and Computer Audio screens into the record.  It’s also the exact same evidence that was presented in Case No. 18CV014434 Filed and Date Stamped record, hence the joinder and assignment of the two cases to the same Judge, Judge Walczyk.
  2. Judge Walczky contends that she could not provide a ruling on Case No. 18CVD500442, despite having the Hearing on November 30, 2018 because she would like the “unusual” under this type of Case Number, third layer of proper service for my Attorney Ex-Husband via Sheriffs Entry of Service. Insert Photo 9 – March 26, 2019 Order Continuing Domestic Violence Hearing AND Ex Parte Order
  3. Please note that Service on my Attorney Ex-Husband has been perfected under both case numbers via his own service processer, in open court during our January 8, 2019 Wake County Hearing and via Publication (What’s Best 4 Spencer.).
  4. Judge Walczyk subsequently issued an Order to Stay under the WRONG CASE NUMBER, Case Number 18CVD14434, which is not my case number. The right Case Number, Case No. 18CV014434 was scheduled for Trial yesterday, March 27, 2019 per my February 26, 2019 Order of Continuance. Given that the Motion to Stay was improperly filed under the wrong case number, I reached out to Wake County, North Carolina Judge Walczk’s Staff Attorney to request that she provide a ruling on the filed and date stamped Motion for Summary Judgment that is in the record,  in lieu of yesterday’s trial. However, please note the following key notes from the Motion to Stay as filed under the incorrect Case, Case No. 18CVD14434 as follows:                               Insert Photos 9-13 – March 11, 2019 Memorandum and Order to Stay (5 Pages Filed at the Wake County Clerk of the Courts under the Wrong Case Number), issued by Wake County, NC Judge Walczyk. The Memorandum and Order to Stay details Judge Walczyk’s private (without my presence, as the Plaintiff) conversation with Fulton County, Magistrate Judge Alex Manning, who knows absolutely nothing about any of my cases spanning 10 years and IS NOT the assigned Superior Court Judge listed on ANY of my Fulton County, Georgia Courthouse cases. 
  5. “The parties have custody matters in both Georgia and North Carolina.”
  6. “There are several Georgia actions beginning as early as 2009.”
  7. “There was an action filed in Harnett County, North Carlin in 2014 in case no. 14CVD110…”, but Harnett County, North Carolina failed to take ANY legal action in the case… although they have multiple years worth of my and Spencer’s life to do the right thing as use the exact same long arm – Habeas Corpus / Civil Rights statutes that are listed in the Wake County, North Carolina cases with additional, new evidence.
  8. “The Harnett County action was appealed to the Court of Appeals and the Supreme Court of North Carolina”, but they too failed to take action in the case and / or protect the best interest of the Minor Child, Spencer as per State and Federal Statute.
  9. Based on the above, a second wave of cases were initiated in Federal Court and made its was to the Supreme Court of the United States under Case No. 15-6566 and 15-6567 in year 2015. Under the leadership of then Attorney / President Obama, White House Sr. Advisor Attorney Valerie Jarrett, Attorney General Eric Holder (U.S. Department of Justice), Attorney General Loretta Lynch (U.S. Department of Justice / a member of Delta Sigma Theta Incorporated) as well as under the leadership “Discernment” of the Supreme Court of the United States (All Trained Attorney’s), the cases involving Federally mandated, intervening and controlling questions of the law were dismissed without resolution of the cases, legal reasoning, rationale, explanation or even any consideration what-so-ever for What’s Best 4 Spencer.
  10. Shortly after the second wave of U.S. Supreme Court cases was dismissed; despite proven constitutional violations, including my Ban via Order of the Court from filing anything or even “making a request to file” anything (petition, motions, subpoenas, response motions, etc.) at the Fulton County, Georgia Courthouse since YEAR 2013; I filed appropriate change of custody “requests to file change of custody”, etc. documents via e-file Georgia. The Fulton County Georgia Clerks accepted those files and then sent them to the Fulton County Georgia Assigned Judges for multiple cases and (presumably) Judge John Goger (the initiator of the 2013 Ban) who promptly returned all filings (via e-file Georgia) and then ruled on several filings initiated by my ex-husband knowing that I had no way of defending myself against any of the allegations levied against me, due to the 2013 Ban via Order of the Court. The result of one of my Attorney ex-husbands filings was the loss of custody of Spencer without service or even my ability to acknowledge service in year 2017.
  11. With the erroneous 2017 Order on custody in hand, I appealed the case to the Federal Court above the State of Georgia, which represents the second wave of cases in 8-10 years that they have ruled on. Chief Judge Thomas Thrash, who was familiar with my cases from the first wave of cases heard the cases and then promptly decided to relinquish legal jurisdiction over the cases and / or the Civil Rights Habeas Corpus cases… in year 2017.
  12. With Chief Judge Thomas Thrash’s Order on Jurisdiction, I properly filed the cases in the U.S. District Court Eastern District of North Carolina, and they took legal jurisdiction over the cases without any qualms. I have dual residency in the State of Georgia (I own property) and the State of North Carolina.
  13. The U.S. District Court Eastern District of North Carolina (again) acknowledged legal jurisdiction over the case, with no question of legal jurisdiction and authority under Case No.5:17-cv-00272-D and it is now well past the Trial Court stage.
  14. S. District Court Eastern District of North Carolina Case No. 5:17-cv-00272-D was then properly filed as Civil Rights / Habeas Corpus cases under U.S. Court of Appeals Fourth Circuit Case No. 17-2418 and 18-1790. The U.S. Court of Appeals Fourth Circuit  chose not to resolve the issues pertaining to family law and / or finally securing Spencer’s Best Interests. However Federal Law and / or Statute, which applies to citizens of the United States of America explicitly states that all matters pertaining to minor children MUST BE RESOLVED, per Rule 17.1 (b).

“Local Civil Rules –U.S. District Court for the Eastern District of North Carolina Page 39 December 2017

Rule 17.1 Minors or Incompetent (b) Settlement or Dismissal of Actions. No civil action to which a minor or incompetent person is a party shall be compromised, settled, discontinued, or dismissed without an Order of Approval entered by the court. It shall be the responsibility of counsel for the minor or incompetent parties to prepare a proposed Order of Approval for submission to the court. The Order of Approval shall bear the written consent of (1) counsel for all the parties to the action, (2) the legal representative of the minor or incompetent parties, and (3) in the case of minors, at least one of the natural parents or persons standing in loco parentis. Unless otherwise ordered by the court, the Order of Approval shall contain statements as to the following:(1)that all parties are properly represented and are properly before the court; that no questions exist as to misjoinder or nonjoinder of parties; and that the court has jurisdiction over the subject matter and the parties;(2)if the minor or incompetent parties are plaintiffs, a summary of contentions sufficient to show that the complaint states a claim upon which relief can be granted; if the minor or incompetent parties are defendants, a statement of contentions sufficient to show that no affirmative defenses could clearly be raised in bar of recovery;(3)a summary of services rendered by counsel for the minor or incompetent parties, along with an opinion as to the fairness and reasonableness of the settlement, if any; and…”  Meanwhile…  I digress.  Hence the second wave of cases being filed in the State of North Carolina, Wake County.

15.  Per the Wake County, North Carolina Memorandum and Order to Stay, filed on March 12, 2019 under the wrong case number, “This action for custody was filed in Wake County on November 27, 2018.”

16.  The assigned Judge, Judge Walczyk’s Memoranda and Order also explicitly states several times throughout her written and signed document that “The parties and their counsel were not present” when she decided to have a private conference call with Fulton County Georgia Magistrate Judge Alex Manning. It should be noted that Magistrate Judge Manning is not the assigned Superior Court / Family Court Judge for ANY of the cases at the Fulton County Courthouse. My Attorney Ex-Husband has erroneously filed Motions for Contempt against me under secret (sealed) Case number 2019CV314842, 2013CV231662 and 2011CV205975.

17.  The mention of Fulton County, Georgia secret (sealed) Case number 2019CV314842, 2013CV231662 and 2011CV205975 is critical mention because Judge Manning used her “Discernment” to ignore the fact that I have not been allowed to see my own child in 6 years (Meanwhile. I Digress) under Fulton County, Georgia’s “continuing exclusive jurisdiction pursuant to the UCCJEA.”; which amounts to Habeas Corpus.  This in addition to the multiple Civil Rights violations, which resulted in my fraudulent arrested and incarcerated in year 2013, etc.

18.  It is because I have not had access to my “inalienable” constitutional rights in the State of Georgia and have been denied my parental rights to Spencer in multiple State proceedings and Federal Court, without regard to Spencer’s Best Interests… over the last 6 years (Meanwhile. I disgress.) that I had no other choice, but to take the cases to another legal jurisdiction / venue.

19.  Given that proper legal jurisdiction and venue has already been established in Federal Court, specifically the U.S. District Court Eastern District of North Carolina and the U.S. Court of Appeals Fourth Circuit, it’s simly NOT Judge Walczyk’s and especially not Magistrate Judge Manning’s (she’s not even the Assigned Judge for any of the Fulton County, Georgia cases) legal jurisdiction to use their “Discernment” over a conference call to decide that they had the authority to erroneously change the legal jurisdiction and venue of the cases. Again, Chief Judge Thrash relinquished jurisdiction over the cases in year 2017 and the U.S. District Court Eastern District of North Carolina under case no. 5:17-cv-00272-D (past the trail court level with authority granted to Magistrate Judge Kimberly Swank, per Rule 72.3, Elk Grove Unified School District v. Newdow, 542 U.S. 1 (2004)) acknowledged and established legal jurisdiction over the cases.

20.  Separate and apart from that, there a legal precedent that domestic relations cases should be heard and decided on when… “necessary to answer a substantial federal question that transcends or exists apart from the family law issue.” and Obergefell v. Hodges, U.S. Supreme Court Case No. 14-556 (2015) re-affirmed Newdow and / or my basic right to humanity and / or access to “inalienable” Constitutional Rights… and / the right to have the Controlling Questions of the Law heard by the Supreme Court of the United States once the Family Law issues and / or issues related to requiring Spencer’s Best Interests have been resolved.

21.  I should also mention that Federal Policy also requires (under Civil Rights / Habeas Corpus cases) the resolution of these matters in the county adjacent to the originating county. The Civil Rights / Habeas Corpus case originated out of Harnett County, North Carolina under Case No. 14CVD110.  Wake County, North Carolina is adjacent to Harnett County, North Carolina and therefore legal jurisdiction of the cases is PROPER in Wake County, North Carolina under Case No’s 18CVD14434 and 18CV014434.

I have no other information to provide at this time.

References:

Kimberly

Title: Spencer’s Mom… a MOTHER then, NOW and ALWAYS!!!

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End of Message

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