REDACTED

March 29,2021

IN THE

SUPREME COURT OFTHE UNITED STATES

MICHAELT BROOKS

Petitioner

VS

US COURT OF APPEALS FOR THE NINTH CIRCUIT CSE #19-35547

Centene Corporation

dba Agate Resources

dba Agate Health Care (aka Agate Healthcare)

dba LIPA(aka/dba Lane Individual Practice Association

(aka.dba Lane Independent Physicians Association

dba Trillium Community Health Program

US DISTRICT COURT FOR THE DISTRICT OF OREGON: 6:15-cv-00983

Brooks v. Agate Resources, et al

Respondents

ON PETITION FOR WRIT OF CERTIORARI

Michael T Brooks

32713 Vintage Way

Coburg, Oregon 97408

541-556-6130

TABLE OF CONTENTS

COVER PAGE................................

TABLE OF CONTENTS................

QUESTIONS PRESENTED...........

LIST OF PARTIES BY CASE.........

RELATED CASES...... 1.................

INDEX TO APPENDIXES..............

TABLE OF AUTHORITIES CITED

CASES................................

STATUTES AND RULES

OTHER......................

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OPINIONS BELOW...................................................

JURISDICTION and OUTLINE OF THE ISSUES.. '.." “

CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED

STATEMENT OF THE CASE......................

1. ORGANIZATION OF THIS DOCUMENT .....................................

BROOKS EXPERTISE.......................... ...............................

REASONS FOR GRANTING THE PETITION.........................................

CONCLUSION................. ..................................

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QUESTIONS PRF.SFNTPn

1. Can the federal courts ignore the Federal Rules?

Brooks was granted informa pauperis status at the District Court when he first filed this case in

2015 by District Court Judge Thomas Coffin. The Appeals Court dismissed 19-71240 in

violation ofFRAP 24 ignoring the fact that Brooks already had informa pauperis status at the

district court level. Brooks provided the appellate court with the original grant ofinforma

pauperis and records showing his financial status had worsened since then.

District Judge Aiken ofthe Oregon District Court assigned Magistrate Judges in violation of

FRCP 73. Two different Magistrate Judges with conflicts ofinterest were assigned by ludge

Aiken ignored Roell et al. v. Withrow, No. 02-69 (2003). Judge Aiken retaliated against Brooks

for opposing those appointments and dismissed his wrongful termination

2. Are the federal courts subject to the Rehabilitation Act and the American’s With

Disabilities Act and the ADAAA extensions?

Brooks wrote a request for a stay while he recovered from a seven hour long heart surgery on

January 31,2020. Instead of granting that, the Court issued multiple Orders and a team ofthree

defense counselors filed motions; more than 700 pages of documents and 30+ motions, with the

Courts all piling on with Orders.

x The Court denied counsel to Brooks who is paralyzed on the left side and has had

three major surgeries in the last 18 months - cancer, upper spine, and heart. Brooks

cannot sit up for more than 10 minutes, walk, or even sleep (his swallow reflex is

gone.

case.

Biooks was terminated by his employer after the cancer diagnosis and the spinal

injury tesult from an on the job accident. The employer cancelled Brooks medical

insurance, refused to even offer Cobra, literally tore up requests for Workman’s

Compensation medical for on the job injuries (detached retina, broken foot, lower back

herniated disks). Those are STILL without

Brooks’s former employer controls “Authorization Approvals” in Oregon and

denied Brooks an MRI and treatment for 14 months causing spinal compression

damage to reflexes and Brooks heart. Brooks cannot sleep laying down without

choking from an impaired swallow reflex, is paralyzed on the left side cannot move his

neck because four disks and two vertebrae were destroyed.

As a result ofa torn spinal sheath (Mylin Sheath) is suffering from the onset of

... in MS, (he sheath covering nervefibers in the brain and spinal cord becomes

damaged, slowing or blocking electrical signalsfrom reaching the eyes, muscles

and other parts ofthe body. This sheath is called myelin...Although several

treatments and medications alleviate the symptoms ofMS. (here is

"There are no drugs available today that will re-myelinate the de-myelinated

axons and nervefibers, and ours does that." said senior author Tom Scanlan,

Page iii of xiii

necessary care.

nerve

MS:

no cure.

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Ph.D., professor ofphysiology andpharmacology in the OHSU School of

Medicine.

3. Are attorney’s allowed to misrpresent fact (lie) to the court and Pro Se Plaintiffs'? Can the

Article 3 Courts ignore this?

LUST OF PARTIPS

CIRCUIT 19-35547 (appeal of 6:15-cv-ftn<)S3-TC/.lR/MK7A A t

Sidney R. Thomas --------- 1

William C. Canby. Jr.

Ronald M. Gould

Case #19-35547

US Court Ninth Circuit Court ofAppeals

THE JAMES R. BROWNING COURTHOUSF

95 7TH STREET,

SAN FRANCISCO, CA 94103

Oregon District Court 6:15-cv-0fl<)83-TC/.IR/IVTK7A

Magistrate Judge Thomas Coffin

Magistrate Judge Jolie A. Russo

Magistrate Judge Mustafa T. Kasubhai

District Judge Ann L. Aiken

US District Court, District of Oregon

Eugene Division

405 East Eighth Avenue

Eugene, Oregon 97401

Carolyn D. Walker

Ryan Gibson

Reilley D. Keating

Stephan H. Galloway

Rachel C. Lee

Brianne L. Bridegum

Bradley F. Tellam

Stoel Rives, LLP

760 SW Ninth Avenue, Suite 3000

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Portland, Oregon 97205-2584

RELATED CASES

Lane v Franks; 13-483, April 28, 2014

Julia Davis v. Department of Homeland Security

Fabula v. American Medical Response, Inc

United States ofAmerica vs. Lindberg, Gray, Palermo, Hayes; 5:19-cr-22-FDW

Lincoln v. BNSF Ry. Co. (10th Cir. 2018); failure of agency to file EEOC complaint

Sewell v Freedom Health, et al; 8:2009cv01625 (2017)

Thompson v. North American Stainless, LP, 562 U.S. 170 (2011)

Leary v Centene Corporation; 14-CV-2547

M.D. et al v Centene Corporation etal; 1:18-cv-22372

Dual Diagnosis Treatment Center, Inc. et al v. Centene Corporation et al; 2:2020cv04112

https://www.contractormisconduct.org/contiactois/67/healfh-net-inr

20 lawsuits against HealthNet (This is actually Centene dba Trillium Community Health Plan in

Oregon and North California)

“Centene sued over lack ofmedical coverage” in 15 slates: New York Times

https.//www.nvtimes.com/2018/01/11 /health/centene-health-insurance-lawsuit.html

“5 Ways Insurance Companies Meddle in Your Health Care”, US News and World Report, July

13, <2017

INDEX TO APPENDICES

' APPENDIX A... US COURT OF APPEALS FOR THE NINTH CIRCUIT CASE #19-35547

Michael T. Brooks v Centene Corporation;

appealing

APPENDIX B... US DISTRICT COURT FOR THE DISTRICT OF OREGON: 6:15-cv-00983

Brooks v Agate Resources, et al

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NOTE. AGATE HEALTHCARE” doesn 1 exist. This was a deliberately misleading name by

Stoel Rives, andAgate Resources came up with in the Dean Harris whistleblower case. In

Oregon Department ofConsumer and Business Services, Division ofFinancial Regulations, case

No. INS J5-12-003 Terry Coplin wasfined $10,000for passing Agate Resources offas

insurance company, when it (and Centene) do not even have licenses to conduct insurance

an

business in Oregon.

Trillium Community Health Plan is a fraudulent conveyance operated by Agate

Resources and the Centene Corporation. It had a certificate to audit and pay claims for the

Oregon Health Authority, which expired when Centene acquired it - ORS 441.025(3). Even with

that, Trillium never was anything other than a limited Business Associate under Oregon’s federal

contract. Undei 45 CFR 160.103, Trillium does not have a grant to own nor possess patient or

claims records for any purpose but that limited by the Privacy Act:

A thirdparly administrator that assists a health plan with claims processing.

• A consultant that performs utilization reviewsfor a hospital.

A health care clearinghouse that translates a claimfrom a non-standardformat into

a standard transaction on behalfofa health care provider and forwards the

processed transaction to a payer.

Milium has no employees, facility, administration, or assets. Employees were leased

from Agate Resources and Agate Resources provided the administration and facilities. Centene

kept that false paper structure and expanded it to all ofits shells and subsidiaries to facilitate

avoiding payouts in the many lawsuits it is subjected to. Neither Centene nor Agate nor their

employees has a license to possess medical records and they cannot legally assign or lease

employees for that purpose.

Oregon has no authority to exceed 45 CFR 160.103 and could not grant Agate Resources

or the Centene Corporation nor any subsidiary the right to own or possess patient records or

medical claims. This becomes very important when the Court understands that OHAsold and

otherwise provided to Agate Resources HIV lab test results, psychiatrist and medication records

for patients in the Oregon State (Psychiatric) Hospital and various county clinics through

Oregon (and Washington and California). After Brooks pointed this out, Centene applied for a

license on June 12, 2019, but Brooks cannot see where they have obtained that license. Brooks

notes that Centene and Agate and all oftheir subsidiaries have operated illegally for y

March 29, 2021

out

ears.

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The patient records sold by Agate include the name, address, family, social security

number, employer, and other personal information. Agate Resources sold that information

information brokers, credit agencies, insurers, doctors, employers, even private investigators.

Brooks can prove this, too, and has examples ofthe actual spreadsheets sold. Brooks had

but they were stolen by Stoel Rives and have disappeared.

Agate Resources had no authority to conduct business as the Employers Health Alliance,

IPS, Apropo Benefits Management, Lane Home Medical, EHA Pharmacare nor any other mail

order pharmacy Agate Resources operated in 33 states. Agate Resources sold hundreds of

thousands ofemployee and family medical records under its EHA, Employers Health Alliance,

and Alliance subsidiaries.

more,

TABLE OF AUTHORITIES CITF.B

CASES

Cochise Consultancy Inc. v. United States, ex rel. Hunt

The Supreme Court likes to take cases where one district court disagrees with another district

court. Here, however, you have a case where the District Court disagrees with theUS Court of

Appeals for the 11th Circuit and the US Supreme Court and refused to abide by your decision.

Roell et al. v. Withrow, No. 02-69 (2003)

- Rule 73

Turner v. Rogers, No. 10-10 (2011)

Matthews v. Eldridge, 424 U.S. 319, 335, 96 S.Ct. 893,47 L.Ed.2d 18 (1976)

- due process

Ingraham v. Wright; Wisconsin v. Constantineau

-Due Process

EEOC, Retaliation

Murchison 349 U.S. 133 (1955)

Marshall v. Jerrico, 446 U.S. 238, 242 (1980)

Schweiker v. McClure, 456 U.S. 188, 195 (1982)

Reticle!!- Baker v. Kahn (1982)

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Mathews v. Eldridge 424 U.S. 319 (1976)

Lawson v. FMR LLC 571 U.S.___(2014)

- Public Corruption, State Actors

STATUTES AND Rill ,F.S

FY 2012 EEOC/FEPA Model Work Sharing Agreement

as proven in“EEOC Appeal BOLI 12/16/2014”, Brooks filed a written appeal within

15 days ofthe receipt ofBOLI’s decision. The exact words in the EEOC Charge sheet given to

Brooks on January 23, 2014, were:

“As a party to the charge you may request that the EEOC review the final findings

of the above named agency (which was blank) within 15 days of your receipt ofthe

Agencies final decision”.

Brooks received both BOLI decision and another copy of EEOC form 131A

December 5, 2014, proving that BOLI knew about those charges and had not filed them as

required by their Work sharing Agreement with the EEOC.

Brooks immediately BOLFs dismissal s to the Regional EEOC Office, EEOC OIG, etc.

Nancy Sienko, Regional Director confirms her offices receipt ofthe appeal in her letter ofApril

22, 2015, where she refers to their conducting a weighted review under the terms ofthat appeal.

Brooks does not know why it took them four months to do this, but that is not Brooks’ problem.

The EEOC conducted a weighted review, found that Brooks filing of a suit against BOLI

for deceiving him gave BOLI all the excuse they needed to terminate their case, but the EEOC a

issued a letter ofright to sue in federal court on April 23, 2015, as required by law.

Brooks filed 6:15-cv-00983-TC/.!R/KM/AA on the case was posted on 06/04/2015, which

is 42 days, well within the 90 days specified in the right to sue notice and form, issued by Sienko

on April 23,2015.

on

These dates are and processes followed are important because unlawfully assigned

Magistiate Judge Mustafa T. Kasubhai bases his dismissal on Galloway’s “secret” opinion to him

that Brooks had not filed an appeal to preserve his EEOC complaints in a timely

It gets worse when you look at the BOLI filing first sent to Brooks on December 1.2014

(and received on December 5, 2014). That charge sheet contains two notary stamps when the

notary only records one in her book on January 9,2014. And, that was not even to BOLI. That

a draft that Mosley and Donna Brown insisted Brooks sign. Using Adobe Acrobat to lift

signatures and add them to documents is a crime and Oregon is doing this.

That the EEOC charge sheet doesn’t arrive to BOLI until after January 23. 2014, two

weeks after the what BOLI is trying to pass off as their official filing. The final blow, however, is

delivered in that recording of March 3,2014, read by BOLI attorney Jeremy Wolff. That bears

no resemblance to what BOLI tries to represent they filed. Someone at BOLI was provably

engaged in altered documents in violation of 18 IJSC 1001 and their failure to file Brooks’

claims and derailing an administrative matter into the federal courts with Brooks facing three to

five member teams fo Stoel Rives attorney’s clearly violates Section 1107 Sarbanes Oxley (18

USC 1513e).

manner.

was on

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Civil Rights Act, both Title Vi and Title II

No person shall discriminate on the basis ofrace, color, or national origin - sex; disability or age

- in programs receiving federal assistance or funding. This would include the federal courts, also.

Brooks is a disabled Native American dealing with a racist Oregon District Court and a

completely clueless Appellate Court.

Civil Rights Restoration Act of 1987 (P.L. 100-259)C clarifies the intent ofCongress as it

relates to the scope ofTitle VI ofthe Civil Rights Act of 1964

Section 504 of the Rehabilitation Act of 1973, as amended (29 USC § 794), prohibits

discrimination against otherwise qualified individuals on the basis of disability in programs and

activities receiving federal financial assistance. 1 here is no provision to exclude the federal

Article 3 courts from this requirement. Agate claimed to not even know that Brooks was disabled

and had health problems. They destroyed evidence ofBrooks’ asking for accommodation on the

advise of Stoel Rives (and there are witnesses to that phone call to Human Resources). That said,

these people still left an accidental trail showing they had knowledge ofthe mass in the lung and

foot injuries in the Personnel File:

I'm heading out for lunch, lgot here at 5:00 a.m. and my bu** is paralyzed and I am

reduced to gnawing on my crutchcs...plus. oatmeal sounds "icky" ...[email to Cobb

12/14/2012, re: taking time offfor lunch]

re: ACA...again

I'm sorry. I would pick them up, but the doctor wants me in the office today They suspect

is that the cancer has spread into throat, which is why I have been horse the past

three weeks, [email to Cobb 11/19/2012 8:19 AM. Interestingly 1 was not in the office

that day. 1 was at two different doctor appointments; an Otolaryngologist and a

Urologist, both checking for cancer. The information about this was in a Status Report

sent to Korjenek on November 9. There are records oflab tests, radiological imaging,

and doctor appointments from 9:00 AM until 4:30 PM

mv

1 still-had a lot of tests going on with my lung, another Cat-scan. Add tn that a

detachcd retina and a broken foot. I spiraled into a major depression and my doctor.

Dr. Katherine Beckstrand, decided to put my on a light dose of an antidepressant and a

sleep medication. 1 believe that was called Paxil or something like that. I made 'really*

depressed, with suicidal thoughts on top ofthat. It was awful. I wasjumpy, nervous,

couldn t sleep more than one or two hours a night, and had some ofthe most bizarre

thoughts ofmy life. Dr. Beckstrand immediately pulled me off ofthat and I returned to

being merely mildly depressed after a couple ofweeks ....

[purported statement by Brooks, but unsigned, in personnel file, dated 9/16/2013]

Nanette - [Woods, Agate VP if Human Resources and Director of HR]

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Per my PTO request to Patrice (approved) I am going to be in Seattle this coming

Friday. My friends are leaving for Luxembourg on Saturday and I need to pick up some

things for storage from them as well as seeing them off.

Monday, September 23,2:00 p.m. Doctor's appointment with Dr. Brian

urologist, but was the doctor who found the growth in my right

lung and, per my PCP's direction, has been doing an annual Cat-Scan, tests, and has

prescribed drugs for that.

Thursday, 12:00, Doctor's appointment with Dr. Katherine Beckstrand to follow

up on that and to run another series oftests and conduct a complete physical examination.

Daily, I work out at Oakway Fitness from 4:30 until 6:00. Every Tuesday and

1 hursday I meet with either a dietician or trainer. Today, however, at 4:30,1 have a

scheduled meeting with a trainer, too, for weight lifting. Because ofthe injuries to my

feet, I cannot do Tae Kwon Do and Hopkacdo any longer and it is extremely

important that I get into a regular routine ofexercising per my PCP.

I am supposed to make a followup appointment with Dr. Edwards about

before the end ofthe month, [status report 09/18/2013]

Patrice Korjenek, COO ofTrillium-Agate Resources, forgot a statement containing a reference

from a letter from my primary doctor, Katherine Beckstrand, in my Personnel File:

. ..He was undergoing.tests for snots on his lung. We agreed he had a lot to manage

emotionally. He said he felt better than he had over the weekend and told me he was

under a doctor's care. 1 shared this information with HR .. HR has a doctor's note from

that visit.

[unsigned statement in Brooks’ personnel file by Patrice Korjenek, written 09/18/2013]

That doctors letter concerned Brooks’ adverse reaction to medication and a

medical demand to give Brooks time off to recover. Korjenek not only did not

give Brooks time off, she withheld that letter. Brooks found out about it after lie

looked at the Personnel Files in 2014. In fact, Agate’s contrived email is on the

date when Brooks was undergoing tests for those “spots on his lung” - it was a

mass in the lower lob ofthe right lung, a growth on his back, and another growth

on his voice box.

Refusal by the federal courts to grant required accommodations. Refusals to grant stays

during and while convalescing from surgery all violate 29 UCS 794, and especially with regards

to Brooks opposing this discrimination for patients ofAgate, Centene, OHA, and OHP and by

the OregonjDistrict Court. In fact, in 19-35547 the courts were issuing Orders and Stoel Rives

filed moie than 700 pages ofmotions while Brooks was confined to a bed after a seven hour long

. heart surgery where his heart stopped on the operating table!

Section 1557 ofthe Patient Protection and Affordable Care Act (42 USCJ 18116 - PDF)

which provides that an individual shall not be excluded from participation in, be denied the ’

benefits of, or be subjected to discrimination on the grounds prohibited under Title VI ofthe

March 29, 2021

Mchlhaff. He's a

my eye

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Civil Rights Act of 1964,42 USCJ.2000d.et seci,„-£DF (race, color, national origin), Title IX of

the Education Amendments of 1972,2.Q USCJ..L681 eiseq. - PDF (sex), the Age Discrimination

Act of 1975, 42JJSC_§„6J£)1 et__seq, (age), or Section 504 ofthe Rehabilitation Act of 1973,29

USC ^..794..r_ppF (disability), under any program or activity, any part ofwhich is receiving

Federal financial assistance, or under any program or activity...

Section 242 ofTitle 18 makes it a crime for a person acting under color of any law to willfully

deprive a person ofa right or privilege protected by the Constitution or laws ofthe United States.

For the purpose of Section 242, acts under "color oflaw" include acts not only done by federal,

state, or local officials within their lawful authority, but also acts done beyond the bounds ofthat

official's lawful authority. Furthermore, Ihose officials “shall be fined under this title or

imprisoned not more than one year, or both; and if bodily injury results from the acts committed

in violation ofthis section . 1 he fines and imprisonment increase to ten years in cases involving

bodily injury.

Americans with Disabilities Act of 1990 (ADA) (42 USC § 12101 et seq., Title 11 at 28 CFR

35). Books notes that when the federal courts tried to narrow the scope ofthis, the Congress

broadened this in 2008 with Pub. L. 110-325 effective Jan. 1,2009. In Pub. L. 110-325, §2,

Sept. 25, 2008, 122 Stat. 3553, explicitly broadened the scope ofthe ADA. Congresses intent

was to apply that law to states and all federal agencies, including the federal courts. Brooks

notes, even though the federal courts seem to forget this fact, that Congress created the federal

courts under Article 3 ofthe Constitution Congress, ifit so wished, terminate those Article 3

courts.

AmericaM.Mtiy2jMkilffiM.ActAmendnicntActj)f2008 (ADAAA) (P.L. 110-325, 42 USC §

12101 et seq. at 28 CFR 35)

45 CF 92.101 - Discrimination prohibited - “...shall not, on the basis ofrace, color, national

origin, sex, age, or disability, be excluded from participation in, be denied the benefits of, or

otherwise be subjected to discrimination under any health program or activity to which this part

applies

45 CFR 611.3 - “...may not directly or through contractual or other arrangements, on the ground

ofrace, color, or national origin

45 CFR 125 - Prohibition On Discrimination - may not discriminate based on an individuals

age, expected length oflife, present or predicted disability, degree of medical dependency,

quality oflife, or other health conditions.

45 CFR 200 - Health Plan Standards

Federal Rules ofAppellate Procedure

In accordance with 18, U.S.C., §3372, and Title 28, U.S.C., §§2072 and 2075, the ChiefJustice

ofthe US Supreme Court is authorized to transmit these to Congress for its consent or veto.

FRAP 24 - Proceeding in Forma Pauperis

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(3) Prior Approval. A party who was permitted to proceed in forma pauperis in the

district-court action, or who was determined to be financially unable to obtain an

adequate defense in a criminal case, may proceed on appeal in forma pauperis without

further authorization, unless:

(A) the district court—before or after the notice of appeal is filed—certifies that

the appeal is not taken in good faith or finds that the party is not otherwise

entitled to proceed in forma pauperis and states in writing its reasons for the

certification or finding; or

(B) a statute provides otherwise.

28 USC §1915 - Proceedings in forma pauperis

Brooks was granted in forma pauperis status in 6:15-cv-00983-TC on June 8,2015, by

Judge Thomas Coffin (docket #5). The Ninth Circuit Court has tried to ignore that and

dismissed 19-71240 because Brooks had no money to pay a court filing fee. They ignore FRAP

24 in doing that.

even

Federal Rules Of Civil Procedure

The Rules ofCivil Procedure for the District Courts were adopted by order ofthe Supreme

Court on Dec. 20, 1937, transmitted to Congress by the Attorney General on Jan. 3, 1938, and

became effective on Sept. 16, 1938. United States Congress reserves for itselfthe right to veto

any rule or change to the rules promulgated or they become part ofthe FRCP. Brooks notes that

the Oregon District Court altered FRCP 73 without telling the US Supreme Court or Congress.

Everything done by Magistrate Judges inflicted on litigants, denied a right to not consent, is

unlawful and overturned.

FRCP 73 - Magistrate Judges: Trial by Consent; Appeal

28 USC §636c - Jurisdiction, powers, and temporary assignment, consent requirement

Whistleblower Statutes:

45 CFR §160.316 - Refraining from intimidation or retaliation for opposing HIPAA violations

29 USCSection 1558, PL 111-148-Affordable CareAct, Protectionfor whistleblowers

29 USC§218C, Affordable CareAct, Protection for employees opposing discrimination in

health care

12 USCA, 5567 - Dodd Frank, employee protection

(4) objected to, or refused to participate in, any activity, policy, practice, or assigned task

that the employee (or other such person) reasonably believed to be in violation of any

law, rule, order, standard, or prohibition, subject to the jurisdiction of, or enforceable by,

the Bureau.

18 USC§1514A - Sarbanes Oxley, Civil action to protect against retaliation infraud cases

Criminal Statutes

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Section 1107 Sarbanes Oxley (18 VSC1513e) -

Whoever knowingly, with the intent to retaliate, takes any action harmful to anyperson,

including interference with the lawful employment or livelihood ofany person, for

providing to a law enforcement officer any truthful information relating to the

commission orpossible commission ofany Federal offense, shall befined under this title

or imprisoned not more than 10 years, or both.

18 USC §1001- Crimes and Criminal Procedure

whoever, in any matter within the jurisdiction ofthe executive, legislative, or judicial

branch ofthe Government ofthe United States, knowingly and willfully—

(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;

(2) makes any materially false, fictitious, or fraudulent statement or representation; or

(3) makes or uses any false writing or document knowing the same to contain any

materially false, fictitious, or fraudulent statement or entry;

18 USC§1513e - Retaliating against a witness, victim, or an informant

PrivacyAct - 5 U.S. Code § 552a - Records maintained on individuals. Criminal and civil

sanctions applicable to

(1) Agate’s sale ofHIV, STD, counseling and other health records

(2) the state ofOregon’s sale ofOregon State (Mental) Hospital Records,

(3) to the State ofOregon demandingfederal 1-9 formsfrom Brooks on behalfofStoel

Rives; banking records by Oregon Employment on behalfofStoel Rives; Gates from the

Audit Division demanding infofor Stoel Rives and OR DOJ

OTHER

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IN THE SUPREME COURT OF THE UNITED STATES

PETITION FOR WRIT OF CERTIORARI

Brooks respectfully prays that a writ of certiorari issue to review the judgment below.

OPINIONS BELOW

For cases from federal courts:

I. The opinion ofthe US Court ofAppeals appears at Appendix A and is unpublished

US COURT OF APPEALS FOR THE NINTH CIRCUIT CASE #19-35547

Michael T. Brooks v Centene Corporation dba Agate Resources dba Agate Health Care (aka

Agate Healthcare dba LIPA (aka dba Lane Individual Practice Association aka Lane Independent

Physicians Association dba Trillium Community Health Program

The opinion ofthe US court of appeals appears at Appendix B and is unpublished

US DISTRICT COURT FOR THE DISTRICT OF OREGON: 6:15-cv-00983

Brooks v. Agate Resources dba Trillium Community Health Plan, et al

JURISDICTION

The Jurisdiction ofthis Court is invoked under 28 USC § 1254(1), an appeal from the US Court

ofAppeals For the Ninth Circuit (9th Circuit).

More importantly, however, is that that court never addresses and attempts to hide

key issues. The press has asked the Appeals Court to make the case public, but the

refused:

Petitioner^.Michael Brooks was injured on the 10b and was/has been denied treatment for those

injuries. Agate has, in fact, abused its contract with Oregon to deny access to medical

- The first injury was a tom retina in early 2012, followed by a detached retina. Those

happened on the job and occurred after a three day weekend spent working in the dark, with

a 13” monitor, Agate refused to allow the lights to be turned on to save money.

That was followed by doctors finding a mass in Brooks’ right lung. Agate denied time off

for surgery for that and later claimed to not even know about it. In a note in Brooks

Personnel File there is a note from Agate Chief Operating Office (COO) Korjenek:

A couple ofmonths later 1 lunched with Mike to see how he was doing. While many ofhis

numerouspersonalproblems continued, the spots on his lung were determined to be nonmalignant, and he repeatedly told me that he was not in the same emotionalslate as when

he spoke ofsuicide. Furthermore, he was resolved to have only professional contact with

Amanda. [Korjenek (unsigned), 9/18/2013; Personnel File, Previously provided in

electronicform because it is 201 pages long]

court

care.

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- When Brooks was fired, Agate cancelled his insurance and seized his medical savings

account. Brooks is insured through his wife’sjob as a school teacher. That insurance is

through MODA Health (check the OEBB contract for Oregon). The problem is, Agate,

operating under a number of different aliases, is the Benefits Manager for MODA and every

other government insurance program in Lane County. They denied Brooks access to

treatment.

- That was followed by a broken right foot in November 2012, after a lathe being knocked off

an unstable bench that destroyed the cuboid, calcaneus (closed fracture) and 2nd metatarsal

(open fracture) bones. Those, of course, did not heal and surgery was denied in spite of

doctor requests for time off. COO Korjenek did promise time offfor surgery in November

2013.

Brooks spoke out against Agate’s selling patient records and creating patient profiles and

selling those to doctors. 1 hose has resulted in 23,000 patients without primary care doctors

which placed Oregon out of compliance with its contracts with Medicare, Medicaid, SCHIP,

the ACA. That resulted in Brooks being demoted from liisjob in IT, being reassigned to

Analytics, hisjob classification changed so that he was now salaried and exempt and his

work changed so that he did two hours of custodial work from 6 to 8:30 AM most mornings

before starting to work as a DBA. A heavy metal cart fell on the left foot on 8/19/2013, and

crushed it. Do note that was all assigned while Brooks was in a cast, on crutches. Brooks

had been in a wheelchair from May through early August. Brooks was well aware that

Agate was trying to get him to quit.

Instead, Agate hacked into Brooks’ Microsoft email and cloud accounts and read

correspondence Brooks had with federal investigators and attorneys about Agate’s sale of

patient records, and records obtained from Oregon: state hospital psychiatric records, drug

and alcohol counseling records, HIV test results - Agate assembled positive test results in

spread sheets with the patient name, address, social security number...those were sold to

employers, credit agencies and information warehouses Brooks has an original spreadsheet

from 2009 with 235 names on it. Stoel Rives is frantically filing motions with the Oregon

District Court to have all ofthat evidence destroyed, etc.

Foreign student counseling and medical records that apparently ended up being sold to

foreign intelligence agencies.This would seem to be espionage, the records from Oregon

going to Agate for money. Even then, what use do they have forBBMWBBBBBBBi

• This case involves the sale of patient profiles and records. Most ofthose were workers or

impoverished or sick immigrants or US citizens. Thousands, however, were foreign college

student. Student’s insurance is sold by the Oregon Health Authority and those student records

illegally provided to Agate Resources, who sold them to other foreign agents and entities.

This meets the definition of espionage. So.. .is Oregon allowed to engage in espionage? This

violates international law, and clearly invokes the US Supreme Court in this matter.

were

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• This involves the Oregon OHA/OHP in breaking its state law. Oregon Department of

Consumer and Business Services Division of Financial Regulations, [Cease and Desist Order

case number Case No. INS 15-12-003,02/02/2016], fined formerAgate Resources owner

Terry Coplin $10,000 for trying to collected money from a risk sharing scheme: “Trillium had

a verbal reinsurance and risk sharing arrangement with its parent, Agate, under which Trillium

paid a per-member, per-month fee to Agate in return for a percentage ofthe risk between

$100,000 and $300,000”. The fine was levied because

& Agate did not hold a certificate ofauthority under ORS 731.072(1). Agate violated

ORS 731.022 and ORS 731.354 because Agate transacted insurance without a certificate

ofauthority issued under ORS 731.072(1).

• ORS731.072 describes the non-profit public corporation, Oregon Health Exchange, under

which OHP exists. However, ORS 441.025, “License Insurance”, which describes the giant

under which an insurer can exist reads:

(3) Each license shall be issued onlyfor the premises andpersons or

governmental units named in the application and shall not be transferable or

assignable.

(12) A health carefacility licensed by the authority or department may not:

(a) Offer or provide services beyond the scope ofthe license classification

assigned by the authority or department: or

(b) Assume a descriptive title or represent itselfunder a descriptive title other

than the classification assigned by the authority or department.

• Under the Byzantine [Exhibit 1 ] corporate structure Centene and Agate Resources operated,

one oftheir shell companies had employees, assets, equipment, or management. They were

owned by the parent corporation, Agate Resources until August 2015, when Centene became

the parent company and owned Agate. The “prize”"was Trillium Community Health Plan,

which was assigned a license by the state to operate as Business Associate to process claims

for Medicaid, Medicare, SCH1P, the ACA, and other government insurance programs. The

problem is #3. Trillium, did not exist and, as ofAugust 2015, when it was transferred to

Centene, it lost any fictional license it might have held to even operate as a Business Associate

under 45 CFR 160.103.

• This case involves the State of Oregon providing Agate Resources with patient records from

the Oregon State Psychiatric Hospital and County psychiatric units. Agate Resources not only

“traded” $5000 cash payments and gifts ofstock shares worth hundreds ofthousands of dollars

for those records on a monthly basis. Agate Resources obtained patient HIV and STD

laboratory test results, drug and alcohol counseling records, counsel records for the victims of

sex crimes, marriage counseling records. All ofthose were sold by Agate Resources in

violation of HIPAA. Oregon took part in much ofthis and profited from it....so is Oregon

liable under HIPAA? How about Sarbanes Oxley for its public corporation created in 2011

under Senate Bill 99?

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• The District Court has sealed those records and defense counsel, with Petitioner’s appeal

before this court, is demanding the court to order the destruction ofthat evidence. Petitioner

needs an order from this Court to either take possession ofthose records or a Mandamus

Ordering the District and Ninth Circuit to cease protecting Centene, Agate. MODA, and

Oregon at the expense of hundreds ofthousands of patient victims. That order should also

require these courts to maintain and cease altering records and restore docket items they

deleted.

• Are the Article 3 Courts subject to congressional acts, in particular: the ADA, ADAAA, and

Rehabilitation Act. 1 he District Court and the Circuit courts are not able to operate without

federal funds and it was clearly Congresses intent to include them under its requirement to

provide access and accommodations to the disabled. Those Courts provide those

accommodations to judges and court employees. Iflitigants are not granted the same rights,

this Court sets a contest where court employees, judges and attorneys enjoy rights denied to

litigants: “all animals are equal but some animals are more equal lhan other animals”.

• Congress intended for the ADA, ADAAA, Rehabilitation Act to apply to attorneys. When Stoel

Rives took advantage ofPetitioner’s disability they ran afoul ofthe ADAAA and are liable to

sanctions under that law. Brooks filed motions and complaints about all ofthis with the judges

and Courts in the District Court, the 9th Circuit, and the US DOL Administrative Courts and

filed motions and complaints with the ADA and the US DOJ.. .which they chose to ignore.

• Are the Article 3 Courts tree to disregard the Congressional and this Court’s mandates for Due

Process embodied in the Federal Rules of Civil Procedure and the Appellate Rules ofCivil

Procedure

The Oregon District Court, with the concurrence ofthe 9th Circuit ignored this Courts’s

opinion in Roell et al. v. Withrow, No. 02-69 (2003). “The Federal Magistrate Act of

1979 (Act) empowers full-time magistrate judges to conduct.. .any or all proceedings in

a jury or nonjury civil matter and order the entry ofjudgment in the case,’ as long as they

are “specially designated ... by the district court” and acting with "the consent ofthe

Part‘es- Petitioner objected to the appointment oftwo different Magistrate Judges because

both were friends of Oregon Department ofJustice Attorney Generals that took part in

allowing Agate Resources to sell patient medical records.

• What are the limits imposed by judicial ethics on judges?

Are judges allowed to assist favored attorney’s with private communications where they

inform counsel ofthe courts decision in a matter that has not even by replied to by

opposing counsel?

Can a seniorjudge intervene in a case , dismiss if, when Petitioner objects to her

imposing crony Magistrate Judges over Petition objections where he wrote that those

judges had conflicts ofinterest and ties to corrupt state officials that had accepted bribes

from Agate?

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• Are the Article 3 Courts permitted to assist defense attorneys, inform them of what the

will do before even getting a motion from opposing counsel?

Brooks finally obtained a complete archive of emails horn Dugan and Stoel Rives, with

telephone records, that shows Stoel Rives entering into an agreement with Dugan to

postpone discovery to “late October”. The court was part ofthat agreement, too. Then,

you see Dugan’s office empty, with no phone, no mail, no internet and Stoel Rives

sending RFP s, legistered mail overnight letters in June (with the signature requirement

carefully removed...but most were returned to them as undeliverable anyways). The

court knew all about this, knew ofthe written agreement, and played this elaborate g

just to deny Biooks discovery. Leiman, Johnson, London were co-counsels to Dugan and

were not notified. Brooks was never called or emailed. Supposedly Reilly Keating, Stoel

Rives and the federal Court spend 13 weeks “hying to contact Dugan at her vacant

office , who they knew was out ofstate with the full cooperation ofthe court 18 USC.

1001.

Was this a clerk? Was it the Magistrate Judge? Was it the seniorjudge? Someone

participated in a deliberate breach ofjudicial ethics. This is so egregious that the people

Brooks has spoken to about it think it crosses the line into criminal conduct and it directly

involved the district court. The court created a pretext to deny Brooks discovery and

created a broken trial

• The 9th Circuit Court denied Due Process.

Brooks brought all ofthis to the attention ofthe 9th Circuit, along with the emails which the

court refused to look at and returned to Brooks. Instead to looking at this, they pawned it off

onto a secretive “merit panel”. Now, Brooks looked and cannot find any other Appellate

Court with such a panel. There clearly is not such a thing in the Constitution, the FRCP, or

ARCP. The 9th Circuit reserves those merit panels exclusively for Pro Se litigants where

they dismiss subjects they don’t want to look at. The 9th Circuit denied Brooks’ request for

the appointment of counsel, even they they were finally forced to grant him in forma

pauperis status in 19-35547 for this very reason. Those judges knew Brooks could

write, could not get out to do research, did not have access to PACER and could not go to

the federal courthouse to access their computer.

Did the United States turn into communist China when we weren’t looking? Secret courts

and panels! No control over what is presented to the panel? No right to even present a case

to them oi appeal? Couple that with District Court Judge Ann Aiken jumping in and

dismissing the wrongful termination case in a tantrum over Petitioners exercising his legal

right to object to the imposition ofMagistrate judge cronies? Brooks is still trying to figure

out how Aiken can accept the inaccurate scribbling, actually written by defense counsel

Stephen Galloway, when Kasubhai was not even legally assigned the case. The average

person on the street has more legal say than this unlawfully imposed Magistrate Judge.

The federal courthouse in Eugene was locked down because ofthe wild fires from

September through November and locked down over Covid as of February. No Pro Se

litigant had any access to court documents or legal case history or legal research because

court

antes

not

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the courthouses are closed and documents and court proceedings are behind attorney pay

walls like PACER.

- With the forest fires surround Coburg, the internet was down most ofthe time. Even if

Brooks had not been crippled, could have driven to the courthouse, or ifBrooks could have

access to the internet, could somehow pay for access to those cases and legal research held

behind subscription pay walls and only accessible to lawyers who can pay for access,

Brooks was physically incapable of using that information.

Brooks had cancer surgery in July.

Brooks was recovering from that with the cardiac problems landing him in and out ofthe

hospital from October on.

Brooks was under the care ofcardiologists as ofOctober. He had a 7.5 hour long heart

surgery on January 31,2020.

Brooks was not even recovered from that when Oregon Cardiology shut down surgeries

over Covid. Brooks had no access to physical therapy, no access to water therapy.

The US Court ofAppeals for the Ninth Circuit, those judges, Stoel Rives mobs of Portland

attorney’s (safely away from the fire and apparently exempt from the lockdown that has

shut the rest ofthe state) knew that, also.

- Add in the undeniable fact that Brooks did not receive over halfofthe mailings from the

couit, had no access to PACER, and his phone calls to the court clerk (assumably recorded)

never met with an actual mailing or copy oi motions, documents, orders.

- In Rome, when the empire was falling apart, the gladiator fights were the main form of

entertainment. The “rabble” were given bowls of strong wine and sat and watched people

die. One ofthe most popular events was for the elite to fight a slave or even a professional

gladiator. First, however, officials broke an ami, a leg, or both; they usually stabbed or beat

the sacrificial victim, rendering them unable to defend themselves. Then, they stuck them in

the ring to be butchered by some rick and powerful social elite for sport. Oregon District

Court, the US Court ofAppeals for the Ninth Circuit, those judges are no different, no

better than what took place in Rome.

• Both the District and Appellate Courts ignored the demands Congress imposes upon them

when it enacted the ADA, ADAAA, and Rehabilitation Act. They are required to provide

accommodations for a disabled Petitioner, something they refused to do. Instead, the seemingly

took advantage ofPetitioner’s disabilities to file Orders, Motions, over a thousand pages of

legal paperwork by teams of from three to six defense attorneys and an equal number of

judges.

The attorneys did not merely file supporting motions, they each filed their own. Petitioner,

blind in the right eye, paralyzed on his left side, suffering from MS, having had

surgery in 2019 and a 7.5 hour long major heart surgery on January 31,2020, was unable to

even sit up and read those. Brooks dictated a letter to that effect to the Court.

That meiely resulted in the Court and defense lawyers to take advantage of a wounded

Petitioner. The Appellate Court full well knew ofthe raging Holiday Farm forest fire and

the fact that Brooks was surrounded by forest fires. Platoons ofjudges filed orders when an

already sick petitioner was locked in and on the verge of being evacuated.

March 29, 2021

cancer

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- Petitioner could not afford PACER and the Court fought allowing him to be in forma

pauperis. Brooks threatened to appeal the that to the Supreme Court because he had been

granted in forma pauperis status when he originally filed 6:15-cv-00983.

• Ifthere are documents missing, required to be filed with this appeal, Brooks has no idea of

what they would be because he never received them and has no access to PACER to even

know what they might be. The judges at the 9th Circuit are, I assume, trying to dismiss this

case on behalfofAiken.What they have accomplished, however, is to pile court errors on top

of court errors.

• Brooks has been in and out ofhospital since December 1,2018, with a brainstem infection,

spinal surgery, a 7.5 hour heart surgery, and been in and out ofthe hospital for heart attacks,

the latest ofwhich was last month, October 18, 2020!

• Brooks now has MS due to the rouge actions ofthe Courts who have done things like order

Brooks to print out and scan 5.2 GB (200,000 plus pages) of documents, write a log on them.

This is a plaintiffthat was injured on the job, is paralyzed on the entire left side, cannot

swallow, cannot sleep laying down, with multiple sclerosis, who cannot even sit up for ten

minutes and the court ordered him to stand for hours scanning or face sanctions? Of course

Brooks ended up in the hospital four times over a two week period trying to comply.

That stunt by the District Court ended with the Mylin Sheath being tom and resulted in the

multiple sclerosis. The date was November 15, 2017. The court ignored pleas from Brooks and

letters from doctors warning ot the consequences ofthe court’s actions. Look at the MR1 in

Exhibit 2

The Court can clearly see the tom mylin sheath, the brain stem infection, they

compression on the spinal cord that cost Brooks his involuntary swallow (Exhibit 31 ankle and

knee reflexes [Exhibit 4] .

Over the last 18 months Brooks has had three major surgeries and spent most ofthat time

recovering from those surgeries, unable to do anything. These filings are with the help offriends

or, as in the present case, result from agonizing ten minute increments ofwork over weeks.

CONSTITUTIONAL AND STATUTORY PROVISIONS INVOlVm

The ADA, ADAAA, Rehabilitation Act and other laws cited in Jurisdiction

Fifth and Fourteenth Amendment, Due Process Clauses.

• This case involves procedural due process in a civil preceding

• This case involves substantiative due process - prohibitions against vague laws, the courts

inventing law, especially with regards to discovery, in forma pauperis standards, and FRCP 73.

The Courts have/are ignoring both statutory law and established case law

• The case involves due process in violation of Brooks’s Bill ofRights in

A. Ignoring basic human rights for a profoundly disabled litigant,

B. Assaulting and intentionally inflicting bodily hairn on Brooks

C. Harming by hiding evidence for hundreds ofthousands of patients harmed by cronies of

Judges

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D. The denial, by the Oregon District Courts, of Due Process for citizens in 32 other states

who health records were sold, bartered, and exchanged, doing them physical and

financial harm

STATEMENT OF THF CASE

Ultimately, this case involves the Supreme Court because the Petitioner Michael Brooks

injured on the job and treatment for those injuries was not merely refused, the employer

blocked access to medical care. Agate Resources is a wholly owned subsidiary ofthe Centene

Corporation. Trillium Community Health Plan(s) is a subsidiary oftheirs. Its convoluted and we

will discuss it later. Petitioner will refer to the collection ofthese as Agate, because that paper

corporation, with no employees, no assets, no facility or administration, existing as a pure fraud,

describes the entire corporate structure ofCentene. It is a gigantic shell designed to commit

fraud.

was

For now, understand that Petitioner had Medicare and was covered as a dependent on his

wife’s state health plan as a school teacher under the Oregon Educator Benefits Board, operating

under the Oregon Health Plan. Agate managed access to medical care, claims, and records under

it.

The dependent coverage was required by Oregon for spouses. That made Medicare

secondary. Brooks’ former employer acted as the Benefits Manager and Pharmacy Benefits

Manager for both policies. They could, and did, deny doctor referrals and authorizations for care.

They even blocked prescription drugs like Xarelto and Metropolo), which Brooks takes for atrial

fibrillation, atrial flutter, and bradycardia (all three) which resulted from spinal injuries sustained

on the job, for which treatment blocked and denied for eight years. That Kaiser supervisor of

customer service gave Brooks her card ifshe is needed as a witness.

was

Abruptly cutting off Xarelto leads to some serious health issues:

• Within 12-24 hours ofsloppingXarelto: Side effects, such as headache, fatigue,

dizziness, lightheadedness, easy bruising, back pain, nausea, heart palpitations, high

bloodpressure, leg weakness, and dry mouth, can occur. Risk ofa blood clot or a stroke

is high

24-72 hours afterstopping Xarelto: Emotional disturbances, such as depression,

restlessness, anxiety, possible suicidal ideations, sleep difficulties, trouble concentrating,

andproblems thinking... [Janssen Pharmaceuticals, Inc. 2020]

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Agate was doing this as recently as January ofthis year at Kaiser Permanente. Their customer

service discovered that “someone at Trillium”

switching Brooks prescriptions from Xarelto

to Pradaxa There was no withdrawal period, either. A month before, “someone at Agate”

completely dropped Metropolol, used to regulate heart rhythm , which resulted in Brooks pulse

doing what you see in the exhibits - the rate switches suddenly from 40 BPM to 191 BPM and

Petitioner passes out. “Someone at Agate” did this in October 2020,

was

too.

Aside from the fact that Brooks had to borrow $537 for a 30 day supply ofXarelto to

keep from dying, the trips to the emergency room are expensive and twice Brooks passed out

while using his computer, breaking it, loosing all ofhis work, and lay bleeding

Brooks was not a “team player”. Brooks was the lead database administrator (DBA)

programmer at Agate. His title was Data Warehouse Administrator. Brooks was demoted and

removed from IT, made to directly report to Agate COO Patrice Koijenek and Analytics

Department supervisor Amanda Cobb for speaking out at a staff meeting. The staffmeeting, in

2012, was on HIPAA. Agate had been selling patient records since 2005 (after his termination,

Brooks discovered that the DBA he had replaced, Dean Harris, had been fired for blowing the

whistle on the same patient record sale, patient profiling, and denial ofservice schemes).

Brooks stood up and asked why Agate was creating and selling “Hot Spotter” reports for

costly patients, selling those reports to doctors, and hiding the fact that those patients had lost

primary care providers.

on the floor.

and

Brooksjob category was changed from “hourly” to “Exempt” and, when Koijenek

decided to make him quit, Brooks was assigned two job - as a custodian from 5 AM until 8:30

as a DBA from 8:30 until when Koijenek decided (usually 7 PM or so) . It was worse when

Brooks, because he broke his right foot (cuboid, calcaneus, and 2nd metatarsel -

AM,

surgery was

required but Agate refused time offfor that), could not drive. Koijenek had co-workers pick

Brooks up from his home in Coburg and bring him to work. Korjenek would keep Brooks at

woik until everyone else had left and then, leave, leaving Brooks to find a ride home. Brooks

either had to take a taxi or sleep on his cubical floor. Sleeping on the floor was

Brooks had a sleeping bag and pillow in his filing cabinet.

so common,

The light foot was Brooks on a fall for an escalator on Novembei\23, 2012. That was

made worse when doctors removed the cast in January and a small lathe was knocked off a self

and crushed it. The left foot was crushed doing custodial work on August 19, 2013, when a

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heavy metal cart, provided to transport garbage to an outside dumpster, fell on Brooks, injuring

his back, crushing the left foot, and so injuring the right foot that it swelled inside the cast until

blood circulation was cut off.

Brooks had an MRI on that left foot on September 28, 2013. The results were phoned to

Brooks by Dr. Cassell on September 9,2013, while Brooks was at work. Brooks reported that he

needed surgery to Nanette Woods in Human Resources and she called in Korjenek, who told

Brooks to leave and get the MRI and medical records before he would be allowed to return to

work. Brooks got those and was able to return to work on September 12, 2013. Brooks also

brought the Workman’s Compensation form 801 paperwork to Korjenek, who tore it up and sent

Brooks to his cubicle.

The following Monday morning, September 16, 2013, at 8 AM, Brooks was called into

• HR. Korjenek, Woods, and CEO Terry Coplin were present. The took Brooks’ FOB. Badge, and

Woods escorted him to his computer. He was told to log into the FaceBook account Cobb had

created for Brooks and all of her employees. Brooks was wiped clean except for three scrabble

games that Cobb had challenged Brooks to play. They placed Brooks on “administrative leave”

but refused to tell Brooks why. It was a “secret complaint”. Brooks kept his emails and Woods’

replies where he pestered Agate for their reason for placing him on administrative leave, but they

refused to provide it. On August 27, Woods called Brooks at home and told him he was being

fired for “sexually harassing” Amanda Cobb.

Now, aside from the being his supervisor, Cobb was the author ofthose Hot Spotter

reports that Brooks complained about in that staffmeeting. She also ran Agate mail order

pharmacy, where she literally took boxes of drugs from a cage in the warehouse to the ^

Willamette Room and filled prescriptions, substituting drugs from a book. Cobb

major with no medical credentials whatsoever. What was she doing prescribing drug and filling

prescriptions? The Court can hear Garrett Andres and I talking about this in a recording on the

enclosed thumb drive. Brooks telephoned a complaint about it to USJHHS in 2011.

Beyond that, Cobb was disgusting. She referred to a young DBA working with Brooks,

Vladimir, as “Vlad the Impaler” and tried to seduce him. She sent Brooks a Facebook message

about an abrasion and followed up by telling Brooks it was from shaving. She made remarks

about hot flashes and would regale us with stories of picking up men in bars and their sexual

Olympics. Brooks was disgusted and filed a complaint with Human Resources. When Brooks

was a music

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was fired, that was removed, but Brooks has dozens of emails between himself and Woods where

those complaints are referred to.

While the termination was going on, Korjenek was hacking into Brooks’ private

Microsoft email and cloud account. You can look at the provided hacking records from Microsoft

the accompanying thumb drive [Exhibit 6], Brooks is also providing Verizon telephone

records. You can see the call record from Dr. Cassell at exactly 1:10AM on 9/9/2013, the call to

Brooks at home on 8/19/2013 at 9:33 AM by Nanette Woods after he crushed the left foot. The

doctor call, calls to BOLI to try and lodge complaints about retaliation and harassment are all

there. Brooks even kept emails. The one on August 20 is notable because ot is at WayPort 64

AT&T owned hotspot in downtown Seattle, across the street from Stoel Rives Seattle offices.

This was Agate’s (and Oregon and MODA) law firm.

The photographs in Exhibit 5 illustrate only some ofthe foot injuries. The skin splitting

because ofthe swelling is not an artifact, it really happened. Brooks paid for surgery on his right

foot after he was fired by Agate. That was done on March 21,2014. Brooks had to wait until he

received his own retirement savings (Brooks was 66 years old) because Agate held it back. That

paid for the surgeiy.

Surgery for the left foot is $80,000. That needs being done at the Foot and Ankle clinic at

the University ofWashington and the $80,000 figure is their estimate for the surgeiy, post

surgical therapy, and assisted living quarters for ten days. The result of not having that done has

meant that foot swells from even standing on it for more than an hour and Brooks ends up in a

wheelchair for several months. That “handicapped” parking permit in Exhibit 5 is a wheelchair

permit.

on

, an

Notjob related, was the discovery of a growth/mass in the lower lobe of Brooks right

lung in 2012. Brooks was blocked from doctor appointments and was docked PTO or pay for

time offwhen he was did keep those appointments. A growth developed on Brooks vocal cord in

November 2012 and November 19,2012, was spent seeing a doctor for that; a recheck ofthe

growth in the right lung (Brooks was taking drugs to shrink it); and to see his primary care doctor

for a horrific drug interaction that caused extreme depression and anxiety.

That untreated right lung collapsed in 2019.

In 2012, Brooks’ doctor had prescribed Paxil and Ambien because Agate was refusing the

ability to telecommute and working him 80 hour weeks, deliberately preventing him from

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attending church by scheduling mandatory work when church services were scheduled.

forget she mentioned the doctor writing a note to Agate asking them to give Brooks time off

in a note m Brooks’ Personnel File. Agate refused to allow Brooks to take time off even though

he had three months of vacation time owed him.

Korjenek

even

Brooks was also subjected to racial diatribes for being a “drunken Indian”,

a “squaw”,

“chief“old timer”, “old coot”, and ridiculed for being disabled. This was to make work so

uncomfortable that Brooks woud quit.

Petitioner Michael Brooks pleads for a review ofhis cases and for the intervention by this

court in a matter where the state, state agencies, and the Courts have acted outside ofUS and

international law.

Brooks on the job injuries and subsequent blockage oftreatment are clearly violations of

Section 1513 oftitle 18 - retaliation against informants. They are also the ADA, ADAAA, Civil

Rights Act, and state law. That was the finding ofthe EEOC, who was forced to turn Brooks

complaint to them over to the state Bureau of Labor and Industries on January 23, 2014. Brooks

describes that in detail in another Writ ofCertiorari filed with this Court. Oregon and the Disrict

Court tried to make any suit by Brooks as complicated as possible, so there are two for BOLI,

one for a wrongful termination, and another for False Claims Act violations and fraud.

Brooks was one ofseveral whistleblowers concerning claims and other financial fraud,

the sale ofpatient records, homicide, patient profiling, espionage and violations of international

laws and treaties to which the United States is signatory, and unlawful activities by Oregon.

Agate, Centene, and their dozens ofshells.

In the corporate merger filings with the state, Insurance Division filing 15-04-022, Centene,

Agate, and Oregon claim that:

Trillium is a subsidiary ofAgate Resources. Inc. ("Agate") and Lane Individual Practice

Association. Inc. ("LIP A"), which own 40% and 60% ofits issued and outstanding

common stock, respectively. Agate provides administrative services and leases employees

and buildingsfor Trillium and LIPA . Trillium has 5,000 shares ofcommon stock

outstanding with LIPA owning 3,000 shares andAgate owning 2,000. Centene proposes

to acquire control ofTrillium through its acquisition ofAgate (the "Acquisition") through

a merger ojMerger Sub with and into Agate, with Agate as the surviving corporation in

the merger (the "Merger"). As a result ofthe Merger, the shareholders ofAgate will be

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entitled to cash consideration and Centene will become the sole shareholder ofAgate and

thereby gain control ofAgate and Trillium.

Centene acquired all outstanding shares on August 31,2015. There are no outstanding

shares ofTrillium, LIPA, Agate Resources stock. Agate Resources and LIPA have no employees

or assets. They are fraudulent conveyances established by Centene to create a cutout and avoid

paying money or fines in lawsuits. Centene employs all employees ofTrillium. Trillium is purely

a shell. Agate Resources and LIPA are legal cutouts - paper creations, dime store fiction, the

classic fraudulent conveyances Brooks refers to in his letter to the Insurance Division on June 8,

2015...except, records Brooks had shows Centene and Agate operating together in 2011/12.

Brooks opposed fraud, insider trading ofstock, government corruption, and the sale of

medical records, prescription drug and laboratory records to employers, credit agencies,

underwriters, and information warehouses by his employer and the State ofOregon. Unlawful

acts also included drug dealing, manslaughter/murder, racketeering, and public corruption.

Brooks tried to provide this court with records showing harm done to foreign nationals.

Thousands offoreign college students, the children of those countries leaders and elite, their best

and brightest — children from Russia, China, Sweden, China, Saudi Arabia, South Korea, India

— had their privacy invaded, their health and counseling records sold by Agate Resources and

the state ofOregon. This involves a state acting against the interests and laws ofthe United

States.

College students in Oregon and neighboring states buy their student health insurance

from the state health program. Agate and Centene got those records from Oregon.

Why did Oregon sell or give those records to Agate Resources? What on earth use would

Agate have knowing that

|Agate SOLD those records to international

“information warehouses” (read “intelligence agencies”). The sale ofthose records is

international crime. Collecting and selling those is espionage.

District Judge Ann Aiken and Stoel Rives knew this, had records ofit, and cooked up an

illegal “Protective Order” with Aiken giving Agate OWNERSHIP ofthose records.. .something

Agate cannot possible have as they legally cannot even possess health records. (See paragraph 3

on page 3 ofthis document). Agate has never had any legal ability to own or possess patient

an

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records. Neither has Centene, as least prior to June 14, 2019. Yet, we can see them selling

insurance products, selling patient records, in at least 33 slates since 2001.

This Court will need to decide if Oregon is subject to Sarbanes Oxley and HIPAA. 2011

Oregon Senate Bill 99 created the public non-profit corporation Oregon Insurance Exchange,

which BOLI attorneys thought fell under Sarbanes Oxley and SEC jurisdiction. The ACA Pilot

Program, Cover Oregon, where Oregon bilked the federal Government out of a billion dollars

existed under that. So does the Oregon Health Plan (OHP), which subcontracts with between 14

and 16 private for profit companies as Business Associates for the sole purpose permitted under

45 CFR 160.103 for processing claims under HIPAA.

The State of Oregon operates public employee insurance programs under the Exchange,

also. Brooks’ wife, a school teacher, has her and Petitioner’s health insurance in an Exchange

corporation - private partnership, OEBB MODA. Private for profit insurers act as both the

Benefit Managers and as the insurers. The state, through the Exchange, has a pseudo arms length

relationship with this. It is routinely abused for fraud.

The public agency, the Oregon Health Authority (OHA) is the contractor for Medicaid,

SCH1P, the Affordable Care Act, Medicare Special Needs and other government programs. It is

the sole HIPAA Covered Agency. Everyone else is a Business Assorhnp with the

undefined and therefore limited to that defined by 45 CFR 160.

scope

Brooks has accurate records showing that Oregon, as operators ofthe Exchange and as

the public department OHA, the did violate Sarbanes Oxley and HIPAA. Ifthey are merely

subject to HIPAA, the fines levied would total $1005 billion ($1 trillion dollars). And, that

explains why the District Court issued a gag order for those records, why Stoel Rives and the

Court went to great lengths to steal those records and have secreted 90% ofthem, and why they

feverishly trying to order Brooks to give them the few records he still has. Oregon, the

District Courts, Agate and Centene, MODA, and Stoel Rives engaged in criminal racketeering

and the courts are more interested in covering up wrong doing than protecting victims.

The reason Brooks is Pro Se is because the governments ofRussia, England, Canada,

China, India, Jordan, Saudi Arabia, etc

are

not involved in this suit, why it is not before the

International Court ofJustice, is because the Oregon District Court issued

. are

a gag order that

court approval of Brooks has abided by in spite ofthat fact that he knows it is illegal and with the

and the theft of at least 90% ofBrooks’ evidence. Those three banker boxes of evidence, the

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dozens ofmemory sticks where transported to Stoel Rives Seattle office sometime on September

10 or 11,2017, and have never been seen again. I hat was Brooks’ property, not Agate’s. Most of

that never came from Agate.

Brooks had some records from shells, Lane Home Medical and mail order pharmacies,

where Agate was the prescribe!-, the vendor, the provider, and the patients were fake recipients of

drugs mailed to post office boxes. There would be as many a 100 take patients using each post

office box. Every month, Agate apparently vended to itselfthousands ofopiates with street

values ofmillions ofdollars. Brooks did that project with Dick Sabbath, Agate’s Compliance

Officer and a former California Police Officer who Brooks is fairly sure will tell the truth, at

least to the FBI and, ifhe does not, those records stolen from Leiman and Johnson’s office

available from a number of government sources making lying very dangerous. Likewise, the

state psychiatric hospital records went to Del Texley at Agate in the form of a zipped and

compressed file every month. Texley unzipped those and added those to a table that was accessed

for Impact Intelligence reports. Laboratory reports from Legacy Lans and the state for all state

residents came into James Kaizer, who unzipped and stored those records on another database.

Brooks, again, has the names, proof, locations of all ofthose. Agate stored those in its facility

Millrace. Today those are in St Louis at Centene’s offices.

are

on

It needs noting that neither Centene norAgate have any legal right to possess those

records, much less use them for profiling or selling them to doctors other insurers, employers,

banks, or information warehouses. Those crossing state lines is a federal

Oregon harmed other whistleblowers ofthese criminal acts. Dean Harris was fired in

2005 for reporting Agate’s profiling patients and not paying claims. That ended up with the

Seatttle EEOC office with a director that deliberately derailed and hushed that complaint. That

administrator met with Stoel Rives attorney Carolyn Walker, who represented Oregon, as well as

Agate, MODA, etc.! That OSHA executive is still at the Seattle office.

Whistleblowers that have come forward and had their rights trampled on by Oregon for

simply trying to report these crimes.

The lecords for employees at Monaco Coach Corporation show that Monaco terminated

80% ofthe employees that exceeded their capitation ceiling of $40,000 for an entire family in a

single year. This is currently going on with the largest employers in Washington, Oregon, and

California. Those reports result in denied jobs, life insurance, home or automobile loans.

matter.

Even if

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they do not result in an outright denial of a loan, they cost the family 2 to 5 points more on credit

card, auto, and home loans.

Agate and Centene withheld medical care from patients to increase profits under a scam

by OHA that allowed them to keep unspent money given for patient care. Look at the cases

m “Centene sued over lack of medical coverage” in 15 states; New York Times; https://

www.nytimes.com/2018/01/ll/health/centene-health-insurance-lawsuit.html or the hundreds

against Centene subsidiaries like HealthNet, AmBetter, Trillium, Michigan Healthcare Solutions,

Managed Care Solutions, State Healthcare Solutions, the Alliance, and dozens of other Centene

shells.

run

A pediatrician was denied a referral for a four year old female patient with ulcerative

colitis who died when her intestine ruptured due to lack ofmedical care, The little girl

denied treatment because ofrisk scores created by Agate and in use today. That little girl

mixed race fostei child. She was condemned to death by executives looting money from

Medicaid and SCHIP to divert patient money for bonuses.

White Medicaid patients at Agate were granted medical referrals 65% ofthe time. White

foster children, however, were only granted referrals for specialist treatment or testing 26% of

the time. These children were denied x-rays for injuries, even vaccinations. Black foster

children, received approval at half that rate - 13% ofthe time, Native American children had

approval for 10% ofrequests, Hispanic children only had a 6% approval rate. Some ofthese kids

died because ofthis.

Prenatal care for Native American woman is so lousy that 36% ofthe c-section deliveries

take place in emergency room, 26.7% ofthose women in Lane County sent home within four

hours ofsurgery to save money on hospital costs. Major surgery as an outpatient, with over half

ofthem returning because of bleeding with distressed or dead babies.. .and District Court Judge

Ann Aiken hid this with a gag order! And, note, among white women Brooks can show records

of a mere 0.053% that were not granted a hospital room, 24 women over a five year period.

Agate spent $509.39 on the average prenatal contact for pregnant white women, but only

$324.69 for black women, $354.16 on Hispanic women and $291.84 for Native American

women.

was

was a

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Black, Hispanic or Native American senior citizens were forced to do without food or

medical to pay for illegal medical bills in Oregon because of a racket run by OHA. Medicaid,

Medicare, SCH1P fee schedules are set in the CMS Physicians Fee Schedule.

From an actual Medicare claim in November 2019 by Eugene Emergency Physicians:

ER Charge: 99285 (Hospital ER Grey Book)

MODA Adjustment

Medicare PaidAmt

Medicare Adj, stale & local rules

Bill Patient

$945.00

$356.97

$221.64

$218.88

$218.88

-588.03

-135.33

-2.76

The CMS Physicians Fee Schedule sets the maximum charge for 99285, an emergency

room visit - high complexity: $172.61. The maximum amount that can be billed to the patient is

$34.52. The fraud was done by subtracting the Medicare Paid Amount from a “Grey Book”

amount and overcharges the Medicare patient by $184.36. This happens thousands oftimes a day

in Oregon and is facilitated by OHA, the Oregon Medical Bureau and the Insurance Division.

That bill should have been:

EEP Charge: 99285 (Hospital Grey-Booty

Medicare Assignment Maximum Amt

Medicare Adj, state & local rules

Medicare Paid

Bill Patient

$945SO

$172.61

$169.85

$34.52

$34.52

-2.76

-135.33

The $184.36 doesn’t seem like much until you are living on Social Security. Currently,

Congress is talking about outlawing surprise medical bills. Well, here it is and it is already

illegal. If anyone pays attention we can end 98% ofsurprise billing tomorrow.

OHA operates as predatory political/business hacks, not public servants administering

health programs. Look at the Lynn Saxton and Family Care scandal as another example: https://

www.biziournals.com/portland/news/2017/08/09/embattled-saxton-exits-exits-oha-amidturmoil.html

What you are not being told in these stories is that Home Care was a non-profit CCO and

Centene donations fueled their being kicked to the curb by Oregon to make room for Centenc’s

Health Net and Trillium entering the Portland and Washington state markets.

1. ORGANIZATION OF THIS DOCUMENT

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To save space, Brooks uses last names wherever possible. In the case of people with the

same last name. Brooks is forced to use both first and last name; e.g. Julie Brown, Donna Brown,

and Kate Brown. This is not meant as an insult.

Brooks is presenting this in two Writs ofCertiorari because the Court Clerk told him he

needed to separate out the BOLI-US DOT complaints from the District Court Claims. Because of

time limitations. Brooks cannot address the district court False Claims Act case, but there simply

is not enough time to cover that when Brooks is limited to brief period oftime when he can

work. Sitting up for more thanlO or 15 minutes is extremely painful. Sitting up for 30 minutes

sometimes results in passing out and a bradycardia episode due to spinal compression. It always

results in pain that lasts for days.

Nonetheless, a briefsynapsis ofthe 19-71240 writ is in order. Oregon OSHA is recorded

as telling Brooks that he has to file with them because, as a State Plan, the US Department of

Labor and OSHA have no jurisdiction in Oregon. And, with regards to BOLI taking Sarbanes

Oxley, Affordable Care Act, and other complaints, the recording between Brooks and Oregon

OSHA headquarters has them telling Brooks:

“... if you look at the statutes, and they want to you dick on it it comes up as 29 USC

218C, which is the Affordable Care Act. It comes up with Sarbanes Oxley...18 USC

1 SNA and it used to come up with Privacy Act, which was going to be part oftheir

profiling stuff(HIPAA violations) ...Dodd Frank there it is 12 USCA. 5567”

BOLI attorney Jeremy Wolff’s recording on March 3, 2014, refers charges that BOLI had

already cross filed for: “ ...securityfraud and violations ofhealth insurance regulations...

HIPAA ”. Brooks signed a complaint for the additional charges referred to at BOLI headquarters

in March 6, 2014. Mr. Wolfftold Brooks that BOLI had cross filed those complaints with federal

OSHA because the State Plan contract required it! [OSHA Whistleblower Investigations Manual

(“Dual Filing”, page 1-4)]. However, Seattle OSHA and OSHA headquarters claim to have never

received those cross/dual filed complaints. Something is very fishy.

Wolffwas very explicit in the meeting with Brooks at BOLI headquarters on March 6,

2014, where he had Brooks sign complaint papers. Brooks took notes and listed 18 USC § 1514A

and §15I3e, 29 USC §218C and “Section 1558", “PL 111-148", 12 USCA. §5567, and CFR

§160.316 , Privacy Act and OSH Act complaints. Those notes were witnessed by Oregonian

newspaper reporter Nick Budnick immediately after that meeting, too.

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What should outrage anyone reading this is that the Oregon District Court suppressed

evidence Brooks gave to BOLI under a gag order. Look at the date ofthat “Protective Order”,

January 20, 2016. Look at the date ofthe published decision in 15-12-003. Agate Resources did

not exist and the Court and Steel Rives knew it. It had been sold to the Centene Corporation on

August 31,2015. Likewise, Trillium lost its license and contract with OHP on that date under

ORS 441.025(3).

There is not one word about Centene in that protective order, either. Either Stoel Rives

played the District Court for a fool, misled them (something they repeatedly do) or the District

Court was involved.

Stoel Rives’ motive was obvious. Agate Resources illegally operated a pseudo insurance

business, peddled themselves off as a third party administrator under 45 CFR 160.103, when

they had no license to be an insurer or business associate. Agate operated in 33 states, harmed

hundreds ofthousands of employees and families, and was liable for $1005 billion in 1-llPAA

fines. The District Court Judge was protecting Oregon and the Appeals Court was protecting the

District Court. No one was protecting the victims or the whistleblowers.

2. CASE BACKGROUND AND ORGANIZATION

Ifthe system had worked the way it is supposed to, Brooks would have had the necessary

medical care he needed and the government would have assigned honest investigators, looked at

the data, and recovered money and fines for the taxpayers, dispensed justice for the patient

victims, all handled administratively.

Instead, Brooks has seen a string ofsketchy characters from Governor Kitzhaber forming

a special board for “financial considerations” that overturned a court decision that found that

Brooks had been unlawfully discharged. The “opinion” for that board was written by Stoel Rives

lawyer Carolyn Walker using known falsified emails by Agate. Someone did not check Brooks

calendar because Brooks was receiving cancer treatment from 8:30 AM on that day, Novembner

19, 2012. The falsified emails are stamped as being written 7:13 AM through 8:46 AM on

November 19, 2012, and the doctors offices were 10 miles away from Agate’s offices. The

Supreme Court needs to take up the whole problem of employers falsifying documents and

emails and records. Agate prohibited Brooks from seeing his “Personnel File” for months and

then sent it to him just as they published it as evidence in defaming Brooks. Brooks is told that

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Personnel Files are the property ofthe employer and they can put anything in them they want.

Why, then, arc they permitted to use a Personnel File as evidence in Court?

A Stoel Rives investigator, Donna Brown, passed herself off as a BOL1 supervisor while

Kitzhaber campaign chairman and his wife, Kristen Leonard, acted as lobbyists tor Agate.

Leonard was, by the way, the future Chief of Stafffor Governor Brown until she, like Saxton,

was forced to resign because of $214,000 in financial “conflicts ofinterest" (her husband was

doing business with the state while she steered contracts to him). Lynn Saxton forced the last

non-profit OHP contractor out of business to make room for Centene to get contracts for Trillium

and Health Net in Portland. Saxton was caught and forced to resign.

Any ordinary person listening to the telephone recording ofWolff on March 3. 2014,

reading from the charge sheet he has can easily see that it bears no resemblance to the one BOL1

is passing off as being written on January 9, 2014. The forgery ofthat January 9, 2014,

“complaint" becomes very apparent and involves Oregon criminally.

A cursory glance ofthe forged complaint shows two notary stamps with what seems to be

the same signature: 10 items, a notary stamp, 3 more items and another notary stamp. The

problem is the notary, Galina Selivanova, has only notary stamp recorded for January 9, 2014,

and that is not the document she recorded it for. Oregon, acting as a federal contractor, forged an

official document and somehow falsified a dozen federal civil rights, medical, and whistleblower

complaints. Those are felonies. Then, ask yourself, how does BOL1 have that as a complaint

when they were not even give the handofffrom the EEOC until January 23, 2014? Then, listen

BOL1 attorney Jeremy Wolffreading from this complaint on March 3, 2014, two months later,

that bears no resemblance to the purported January 9 version.

The EEOC was forced to surrender it’s case to Oregon, but that was on January 23, 2014,

two weeks after Oregon claimed to have filed a case they did not even have! Look at Oregon’s

filing [Exhibit 7). Then look at the EEOC handoff and form 131A [Exhibit 8]. Note the missing

filings for Civil Rights violations, Americans With Disabilities Act, federal age and sex

discrimination, age, disability, “retaliation" and “Other" (opposing patient profiling on the basis

ofrace, national origin, sex, economic status, age, disability).

Add in US Attorney Jeffrey Wertkin, caught peddling Brooks’ evidence that he had sent

to the Portland IS Attorney’s office. He is serving 30 months in prison for that, but the Portland

US Attorney that gave Werkin those records merely was forced to resign. That same Portland US

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Attorney went to the lawyer Brooks had found to take this case and he called her told her Brooks

was lying. When Brooks found out about that, he wrote to the US DOJ and that US attorney was

forced to resign. Brooks had a dated forensic CD Snapshot ofAgate’s claims database that

cannot be altered that was sent to US DOJ 01G with his complaint.

The 9th Circuit dismissed this, recently. As far as Brooks can tell, this was November 30.

It is hard to tell because the Ninth Circuit Court did not send Brooks all ofthe documents and

Orders they filed. Brooks enclosed what he received when he requested thos final documents in

the Appendix. Brooks was in forma pauperis at the district court level docket #5), but the Ninth

Circuit denied that in violation ofARCP 24. Brooks could not afford it and the Court refused to

give Brooks access to PACER. Then, they referenced PACER numbers in the lew filings Brooks

did get. Brooks would call the court clerk’s office and the calls were not returned. This went on

before covid. Brooks has had no idea of what the court was doing. Add in the fact that Brooks

had major surgeries on January 17, 2019 (spinal), July 23, 2019 (cancer), and January 31,2020

(7.5 hour heart), coupled with cardiac episodes on March 13, 2021, December 17, 2020,

November 11,2020, November 21,2020, November 18, 2019 (a very bad one), October 21,

2019, October 23, 2019 (atrial BPM 416 with blockage resulting in damage to heart). The Ninth

Circuit Court was appraised of all ofthis, look at the Briefs, the appeal ofAiken’s ruling, etc.

Brooks asked for the accommodations mandated ofthe article 3 courts by Congress in the

Rehabilitation Act and the ADAAA and the Court ignored them. The Court and Stoel Rives were

busy issuing hundreds of pages of filings and documents while Brooks was laying in a hospital

bed!

The judges at the Ninth Circuit were cruel. Their worst treatment without any warning

whatsoever, involved sending the following threat when Brooks filed his opening brief. The

judges, on their own and in secret, decided hat Petitioner’s appeal and complaint about Judge

Aiken’s actions constituted a Brief.

The opening brief cannot be filed for the following rcason(s):

• Opening brief already filed” Appellant has already filed an opening brief. Only one

opening brief may be filed. See Fed. R. App. P. 28. Please submit a motion

requesting permission to file a substitute or supplemental brief.

The following action has been taken with respect to the brief received by this office:

• The deficiency by appellants is judged to be serious. We cannot file your brief. The

deficiency must be corrected within 14 days or the case is subject to dismissal

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pursuant to 9th Cir. R. 42-1. The receipt of a serious defective brief in this office

does not toll the time time for filing the brief while defect is being corrected.

9th Cir. R. 42-1 provides:

When appellants fail to file a timely record, pay the docket fee, file a timely brief

or otherwise comply with the rules requiring processing the appealfor hearing,

an order may be entered dismissing the appeal. In all instances offailure to

prosecute an appeal as required, the Court may take such other action as it

deems appropriate, including imposition ofdisciplinary and monetary actions

on those responsibleforprosecution ofappeal.

When you submit corrections to your brief or a corrected brief, please return a copy

ofthis letter. If you don’t submit your correction within 14 days ofthis notice, you

must file a motion for leave to file a late brief. See 9th Cir. R. 31-2.3 re: Extensions

oftime for filing brief. | Exhibit 1, November 12, 2019|

This was the Court’s response to Brooks’ submitting his Opening Brief on November 4,

2019. The Brief and a Motion To Exceed Page Limit both explain:

As mar as Plaintiffcan tell, the page limit for a Pro Se Briefis indeterminate. Plaintiff

has two serious cardiac episode while trying to write this this on October 21 and 23,

2019. The attack on Oct. 21 seems to have resulted in bloodpooling in the lower

chamber ofthe heart. The attack on October 23, ended up with an atrial rate of416

BPM (actual BPM rose to 435) and a Ventricular rate of85 BPM. Plaintifflost

consciousness.

Plaintiffhas experienced Dailey attacks since then and wrote this in spite ofthat.

He simply does not have the energy> and lacks any help, to edit this down to his self

imposedpage length of 30. Plaintiff is saying what he honestly believes needs to be said.

Plaintiffis scheduledfor a CTscan ofthe heart blockage on Wednesday,

^vember 6, 2019. This was supposed to beforsurgery, but plaintiff's have blocked that.

There is no telling what will happen on Wednesday. Plaintiffhas arrived at several

appointments only to discover that defendant did not “really" authorize the medical

procedure.

This document is 60 pages long, inclusive ofthe cover page. It comprises both his

objections and Brief, however. These are roughly the same length, about 30 pages each,

but they are somewhat duplicative. Please forgive that. In total, this document contains

23,691 vi>ords and is 60 pages long, using 12 point double spaced Times New Roman

characters.

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The following day, Brooks filed an “objection to a declaration by Rachel C. Lee in support of

Appellee Agate Resources’ Motion for extension oftime to file answering brief’. This was an

objection to the Court’s refusal to grant in forma pauperis status.

The Ninth Circuit made it clear he was filing this matter with the US Supreme Court and

they filed a flurry of documents, two ofwhich are supposedly “mandates”, but Brooks only

received one ofthese. These are the same judges that filed documents to a Petitioner that was in

the hospital, refused for over a year to grant in forma pauper status and then refused to appoint

counsel when Brooks could show that he was bed ridden, had lost the use of his left hand, could

not swallow and has having routine bradycardia attacks where he passed out whenever he even

tried to sit for ten minutes writing on a computer.

Ifthere was ever a reason for this Court to force the Article 3 courts to abide by

Congress’ imposition ofthe ADA, ADAAA, and Rehabilitation Act on these Courts, Brooks is

about as close as you will ever get to the poster child for that test case. Those Article 3 Courts

have taken federal money and not followed the law. Those Courts are supposed to uphold the law

and the law is that they WILL provide accommodations to the disabled. They refused to provide

those accommodations and conducted themselves with dishonor.

Ninth Circuit Court has mishandled Brooks’ Appeal. It appeal is over the dismissal of

6:15-cv-00983-TC/JR/MK7AA by Oregon District Court for District Judge Ann Aiken because

Brooks refused to accept her assignment of Magistrate Judge cronies that had conflicts of

interest. [Exhibit 11 is Brooks’Appeal]

This also involves unconstitutional and secretive “merit panels”by the Ninth Circuit that

only applies to Pro Se litigants. By itself, that negates their case. That court’s ignoring the

District Court violating FRCP 73, engaging in unseemly and unlawful exparte communications

with defense counsel, and a series ofillegal actions that can and will be discussed in oral

arguments.

Aiken dismissed 6:15-cv-00983 because Brooks refused to accept Aiken’s assigning

Magistrate Judges with conflicts ofinterest his case.and because Brooks called out Kasubhai for

permitting Galloway to author a rogue recommendation that he had no business writing. Brooks

did not have five attorneys. He had one, Another was appointed by the Court for three hours to

write an Amended Complaint.. .which Aiken dismissed. Brooks had filed five RFP’s and

participated personally in two discovery conferences. Docket #24 is a report on one. Stoel Rives

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and Kusubhai obviously never even read the court docket [Exhibit 9]. Look at this, Stoel Rives

refused to comply with even one ofthe requests and the Court refused to even publish Brooks’

objections, refused to entertain a Motion to Compel Discovery. In fact, with this, the Court

changed from saying it would never grant discovery to saying it would grant discovery but only

after hearing the never ending parade of motions filed by Stoel Rives teams of attorneys. That

day, of course, never came.

Aiken dismissed Brooks’ case when Brooks asked for a mistrial based on the Court

refusal to abide by the law and Aiken attempted to make it impossible to appeal that dismissal.

Aiken seemed furious because Brooks presented evidence concerning Stoel Rives attorneys and

a Qui lam lawyer stealing and destroying case documents and records stored in other attorney

law offices. That theft involved an admission by Magistrate Judge Jolie Russo knowing about it

in docket #88.

It is made worse by either Russo, or more likely, Aiken assisting Stoel Rives by telling

Keating and Galloway the contents of a Court’s Order on 8/22/2017. eight days before it was

delivered on 8/31 /2017. (docket #68). Brooks tried to introduce emails proving this between

Stoel Rives and another attorney they boasted to about this and the 9th Circuit evidently found

that objectionable and refused to hear it. It provides grounds for declaring this a mistrial; never

mind that it is a civil mistrial, this case involves criminal conduct by the defendant and the state

and other players that the district court protected from being defendants.

When Russo was removed from this case, another Magistrate Judge, Mustafa T.

Kasubhai, was assigned with conflicts ofinterest involving the Oregon DOJ. Brooks again wrote

timely objections. Bearing in mind the Supreme Court decision in Roell et al. v. Withrow, No.

02-69 (2003), all ofBrooks’ objections were in writing and done within ten days on the

assignments.

Kasubhai had conflicts ofinterest involving Aiken, Oregon DOJ, and especially Brooks

denials of SAIF/Workman’s Comp help for his on the job injuries. Kasubhai went so far as to

crib his “Findings And Objections” in docket #198 from Galloway.

Both Magistrate Judges Russo and Kasubhai were not merely assigned 6:15-cv-00983

over Brooks’s objections, the district court shredded the privacy and “substantiative

consequences” clauses ofRule 73 by unsealing Brooks’ objections and sharing them with the

Magistrate Judges . Russo prevented Brooks from filing a Rule 73c appeal and presently, Stoel

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Rives is before the Ninth Circuit trying to get that, phone recordings of Oregon officials, and

evidence stricken from the record. Galloway is demanding that all ofthe evidence Brooks has be

destroyed under the terms of a gag order by Aiken and that dozens ofmotions be stricken from

the record. [Exhibit 10]

The 9th Circuit is an APPEALS Court that is supposed to be based on the District Court

record. What on earth is an Appeals Court doing excluding evidence, motions, declarations? And,

then, remember Brooks has had three major surgeries, is paralyzed, impoverished, and incapable

of even sitting, and the Court refuses to appoint competent counsel to opposed three Stoel Rives

attorneys filing 800+ of pages of documents and more than 30 filings that remain unopened

because Brooks cannot move? Due Process is meaningless with this court. Brooks has no idea

what the court did because the court neglected to tell him. Did they strike motions, declarations,

evidence filed by Brooks? Beyond being a gross miscarriage ofjustice, this isjust plain sloppy.

Consider the Oregon employment ALJ case, the one where the court ruled Brooks had

been terminated without cause. Korjenek and Woods perjured themselves in that case. They

swore they had not hired or looked for a cheaper replacement, when had replaced Brooks with a

cheap Hl-B worker, a 28 year from Denmark - Claus Sogaard Andersen, a two weeks before the

date ofthat trial. Prima Facia evidence of age discrimination and the courts ignore. He posted of

the job on a social media page and Brooks has that record! Brooks used that to find Agate’s

advertisement for an “Impact Intelligence expert” in "Beyond.Com".

Then, Russo retaliated by unsealing Brooks's examples of his case strategy documents

that had been given to Stoel Rives and publishing them on PACER that she was not entitled to

hear/try. Stoel Rives, in turn, deceived Brooks in a declaration in docket #85 claiming that they

did not get Brooks’ evidence from Leiman and Johnson’s office.

They lied. They had been given every document and recording by Dugan, all ofthat

stolen from Leiman and Johnson’s Law Office where it was stored for safe keeping. 90% ofthat

has disappeared. It was picked up from Dugan and driven to Stoel Rives Portland offices.

Whatever was left, Dugan apparently has stores somewhere or destroyed.

Brooks did not own a Windows computer and writes using Apple Pages. Brooks’ Case

Strategy document had been converted to Word and the header it contained was deleted:

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These are my notespreparingforthe production request by Stoel Rives. Ifyou

are not Marianne Dugan, Drew Johnson, Jesse London, orAlan Leiman, do

not readfurther and destroy this. This is privileged attorney-client information.

Brooks’ computer was a MacBook Pro. It is all he owned. Brooks used Apple Pages for all of his

documents. Brooks’ Case Strategy document had been converted to Word by Dugan or Stoel

Rives and the header had been stripped out.

Brooks extracted meta data from the Pages and Word versions to see who and when the

conversion had been done. This was from thumb drives the court ordered Stoel Rives to give

Brooks on October 16. 2017. The Drop Box transmission ofthat document is shown to be at

exactly 3:06 PM on 9/11/2017 in an email from Dugan to Reilly Keating [126]. This printed out

in Exhibit 12. Next you see the Pages version modified by Stoel Rives at exactly 4:11 PM on

9/11/2017. That is followed by the conversions ofthe Pages version to the Word version at 4:12

PM.

In other words, it is beyond doubt that Stoel Rives opened that file, saw the header, read

it, deleted the header and used Page’s Export utility to convert it to Word.

There is no other DropBox transmission on that day. Stoel Rives is proven guilty oftheft,

ofunethical conduct, of 18 U.S.C. § 1519 - felony “destruction, alteration, or falsification of

records”. A quick look at the file forensics will verify this. The file was clearly altered by Stoel

Rives. Dugan did not have access to a Mac or Pages. Stoel Rives did. Add in the times and you

have a criminal case of document alteration. You also have violations ofABA Rule 1,6(6)(6),

ABA Rule 4.4(6), and the Rico v. Mitsubishi Motors Corporation case, but on steroids. Counsel

was disqualified and their expert witnesses disqualified in the Rico case. This is a hundred times

worse.

As for the forensic evidence and the inevitable protests by Stoel Rives, this kind of

forensic evidence is impossible to fake. This is the kind offorensic evidence by which murder

cases are won. It’s rock solid and at the very least should have immediately resulted in the

disqualification of Stoel Rives. Why the Ninth Circuit did not do so is of enormous import, too.

Are they so blinded by their prejudice against Pro Se litigants that they will ignore actual felonies

by attorneys before their court? Brooks summarizes a criminal case in Exhibit 13 that needs to

be brought to federal attorneys. This Court needs to look at it because it, along with the above,

provides all ofthe reason this court needs to disbar Keating, Galloway, and Dugan.

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There were also over 500 attorney client emails covering everything from Brooks

injuries, doctor chart notes and records, correspondence with federal investigators from EBSA,

the SEC, US DOL, EEOC, the FBI, even the notes from the SEC interview. The really curious

thing about that was, those names ended up at Seattle OSHA and are in emails that OSHA one

Seattle OSHA administrator was sending to EBSA and the SEC. That person had obviously

gotten those names from Stoel Rives and was following up on those names to see where their

investigations were going while trying to end them. Brooks has those letters, too.

Everything of Brooks’ at Leiman and Johnson’s office - and none ofit was backed up. it

was there for copying and safe keeping - was stolen and sent to Stoel Rives. None ofthat was

ever seen again. It “disappeared”. Brooks was unable to afford an attorney and could not find

one to take or help with his case because, as one attorney put it. you had no idea ofwhat Stoel

Rives had. That planned theft made finding legal help impossible.

Brooks was told one Stoel Rives attorney quit over this.

Brooks has been contacted by the press, evidently CBS News, who has copies ofsome of

what was taken. Brooks wrote the 9th Circuit about that contact immediately which elicited this

from Keating:

As you know, the district court [Judge Ann Aiken] in your FCA case (Dist. Or.

Case No. 6:14-cv-01424-MC) entered a protective order that specifically restricts the use

ofthose documents...“[a]ll documents and information in Relator's (including his

attorney’s or agent’s) possession, custody or control that were obtained in connection with

Relator's employment with and/or originating from Trillium, Agate or any ofTrillium's or

Agate's employees, officers, directors, corporate parents, subsidiaries, divisions,

successors, predecessors or affiliates shall be deemed Confidential unless a different

designation is mutually agreed to by the Parties.” Paragraph 5(c) provides that the parties

are “EXPRESSLY PROHIBITED from using or disclosing PHI subject to this Order for

any purpose other than prosecuting or defending this action.” Likewise, paragraphs 7 and

8 prohibit the use of all confidential documents for any purpose other than preparation for

the lawsuit. And paragraphs 8 and 9 prohibit disclosing the confidential documents and

materials to anyone other than certain specified persons and entities. Paragraph 19 states

that the Protective Order remains in force after the conclusion ofthe FCA case.

Email from Keating to Brooks, 6/20/2020]

This is interesting only because Brooks had nothing to do with the press. Brooks spoke with Mr.

Budnick back in 2014 because he thought it might help his case. Budnick wanted documents that

Brooks morally felt he could not provide (HIPAA and records of Kitzhaber staffsoliciting

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“payments”)- The reporter that contacted Brooks, and Brooks has no idea of who he is, suggested

those documents came from Stoel Rives. Brooks deliberately refused a name or identification.

Brooks did not want to know, Brooks only desires that all ofthis becomes public.

Brooks filed a False Claims Act case, 6:14-cv-01424-AA/MC on September 3, 2014, at

the request ofCMS investor Bob Ohlbeck (Brooks is not certain ofspelling). Mr. Ohlbeck’s

superiors were not interested in this case because Brooks was Pro Se and 90% ofthe evidence

Brooks gave them were Civil Rights and H1PAA complaints. Those complaints were where

Brooks’ passion was. As Oregon Bureau of Labor and Industries (BOL1) Attorney Jeremy Wolff

noted in his telephone call on March 3, 2014, concerning Brooks’ complaint filings:

“... there’s five statutory claims that we have to cover on in the complaint...And also

kind of a whistleblowing retaliation claim... security fraud or violations of health

insurance regulations... HIPAA is also relevant on this as well.”

Lawyers do not think selling patient records are real whistleblower complaints. Profiling patients

on race, national origin, sex, age, disability, and “socio-economic” status (foster children),

knowingly condemning patient to die by withholding medical care to save money for bonuses,

stock dividends, etc. are not profitable enough to warrant the attention oflawyers.

Aiken (and the Ninth Circuit) would not allow Brooks to pursue the Qui Tam case Pro Se.

Instead she appointed a Pro Bono lawyer, Jesse London, who forced Brooks to lead him through

his fraudulent claims record set. London was shocked to find that Brooks had millions of dollars

in obvious False Claims Act recoverable claims. London then shopped this case around to big

name Oregon law firms, with the prevision that he could quit as Pro Bono counsel and join them

as a partner. Brooks would not have cared ifhe had known about shopping this around, but

London forged Brooks’ signature on two “declarations, #55 and #59. Worse, the Courts knew

those signatures were forged, because Brooks filed a motion and declaration, and the court still

used them!

London decided on partnering with Lciman and Johnson. Brooks first heard of Marianne

Dugan in December 2016. She was part ofthe Qui Tam team oflawyers. It bears noting, here,

that Brooks met with this team three times, at most.

Dugan was substituted into 6:15-cv-00983 on March 17,2017. On April 24, 2017, Dugan

first conferred with Agate attorney Reilley Keating, about this case. Dugan had contact with

Keating as a member ofthe Qui Tam team and in the US DOL case for about a month.

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This is the email, summarizing what she had spoken with Keating about on April 24, 2017. This

email was to her fellow Qui Tam team members.

Just had a conferral call with Reilley Keatingfrom Sloel about the wrongful discharge

case.

]) We concurred no discovery has been done.

2) We concur the complaint needs to be amended because only the pro se complaint (and

reply to complaint) are on file and they don't meet pleading standards.

3) They agree to a two-month extension ofdiscovery (bringing it to some time in

October) because ofthe above two issues and thefact that lamjust coming on board.

4) They will argue the whistleblower claim is not ripe until the DDL appeal process is

done. 1 was wondering how the whistleblower claim could be proceeding in bothforums

(fora?) They are right on that point. Ifthe DDL appeal is unsuccessful 1 think then we

can pursue the whistleblower claim in the federal case hut the same statute oflimitations

arguments will be presented and 'will likely he successful. I think.

5) They will be arguing that discovery should be stayed in the wrongful discharge case

until the motion to dismiss andpotentialfollowup second amended complaint in the Qui

Tam case is resolved...

Dugan told Keating that she was fine with the postponement because she was shutting

down her office in Eugene and leaving for Minnesota for three months to vacation, and plan her

daughters wedding. Instead, Dugan was in Standing Rock, North Dakota, acting as lead counsel

for some outfit calling itselfthe Civil Liberties Defense Center.

That, using computer forensics is not hard to discover, too. Dugan in early May and told

Keating to contact her fellow Qui Tam team members is anything came up. Dugan had no

secretary, forwarded telephone calls, email. Keating knew this. In fact, there was exactly one

contact to an apparently empty Dugan office on May 23 (the entire cache of emails is available).

Brooks only received these in July 2018:

From:Keating, Reilley

Sent:Tuesday, May 23, 2017 9:40AM

To: Marianne Dugan

I wanted tofollow up on our callfrom a number ofweeks ago. I believe that you were

going to assess whether you intend to fie an amended complaint, as Brooks'prior

counsel had represented he would do. and whether you were going to seek an extension of

the deadlines in the case. Please advise as to status. [75 in the Dugan SR email cache]

No answer... .and next, you hearing from Keating on June 23, 2017:

To: Marianne Dugan

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From: Keating, Reiliey

Sent: Fri 6/23/2017 7:39:48AM

Iwanted tofollow up on my emailfrom below and on the voice mail that / leftfor you

shortly after 1 sent this email. Are you planning onfiling an amended complaint? As you

know, the discovery deadline isfast approaching so we need t o gel moving on this or

seek an extension ofthe deadlines. Please let me know ifyou would like to setup a call to

discuss. [77, in the Dugan SR email cache]

At the bottom ofthat email is a copy ofthe May 23 one. What stands out though is the time:

Sent:Tuesday,May 23, 2017 10:40AM

That email was never received by Dugan. It was a test message. Stoel Rives was verifying that

Dugan was not in her office. They found that she was in the Mountain Time Zone With that,

knowledge and being far too aggressive, Keating and Stoel Rives filed an RFR They know that

Dugan is gone, that her office closed for three months and they dig themselves even deeper into a

hole by claiming to have left messages on a phone that did not take message, that had a recording

telling users that she was out ofstate until August 8, 2017 and to contact.....

If Keating and Stoel Rives were actually concerned about no contact from Dugan, as the

claim in the email on June 30. they would have contated her co-counsel, Brooks, or even the

court. Instead you get June 29, 2017

To: Marianne Dugan: Keating, Reiliey, Galloway, Stephen...

Cc: Brown, Julie

From: Hoiland,Darise

Sent: Thur 6/29/2017 3:24:58 PM

Subject: Brooks v. Agate. USDC CaseNo.6:15-cv-00983-JR [S-R0061542.00016]

Attachment: 2017.06.29 Brooks v.Agate - Ltr MarianneDugan.pdf

Attachment: 2017.06.29 Brooks v.Agate - Defendant's First Requestfor Production.pelf

Attachment: Brooks v.Agate-Medical Release (Form)for Michael T. Brooks.pdf

Attachment: Brooks v.Agate-Psychotherapy Medical Release (form)for Michael T.

Brooks.pdfAttachment: Brooks Agate-Defendant_s First RFP.DOCX

Attachedpleasefind a letter to Marianne Duganfrom Reiliey Keating dated today, June

29,2 017, enclosing thefollowing:

1. Defendant's First Requestfor Production ofDocuments:

2. Medical Release forms (medical andpsychotherapy): and

3. Word version ofDefendant's First Request for Production ofDocuments. /78f

The next day, Keating writes Dugan's empty office regarding a letter sent first class on

6/29. Kabuki Theater! Dugan’s phone was disconnected, there was no email, and even though

Stoel Rives sent their letters with the no signature box checked, most were returned as

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undeliverable. Keating is playing games, hoping that you will not wonder why she never

contacted the three other Qui Tam lawyers or Brooks and is filing a “concern” before her

overnight letter could have possibly reached Dugan:

To: Marians Dugan

From: Keating, Reilley

Sent: Fri 6/30/2017 9:48:23 AM

Attachment: FRCP 26 Agreement.pdf[a blankform exampleform in [85]]

Marianne:

/ have attempted to reach you multiple times by phone and email over the past several

weeks to discuss the status ofMr. Brooks ’employment case. As you know, we served

document requests yesterday. / cannot locate any record concerning whether Agate's

former counsel (Ryan Gibson) and Mr.Brooks'former counsel (Mike Vergannini)

discussed whether they would agree to waive initial disclosures required under FRCP

26(a)(1),and no FRCP 26(a)Agreement appears to have been filed with the court.

However, we are willing toforego initial disclosures at this point. Please let me know if

you agree as well, and 1 get the Rule26(a) agreement filed (seeform attached).

1 also would like to schedule Mr. Brooks• 'deposition to take place sometime in mid- to

late-August, after he hasproduced all ofthe documents in response to our document

requests hut before the August 31 discovery cut offdate. Since l anticipate we will he

competing with summer vacation schedules, etc. like to work on scheduling that now.

Please let me know some dates during that timeframe that workfor you andyour client.

Ifyou would like to discuss any ofthis byphone,! 'm happy to schedule a call...

This, of course, is all nonsense. Brooks had a court ordered Rule 26 Discovery Conferences with

Stoel Rives attorney Brian Gibson on 8/12/2015, something he had told Keating about in an

earlier email. She also knew about the RFP’s and the Motions to Compel Discovery. Docket #34

is Brooks’ report to the Court about discovery.

Those RFP’s were sent to the Court, too. How does Kasubhai, then, claim Brooks never

availed himselfto discovery when he had three RPF’s and two discovery conferences that

Brooks did as a Pro Se litigant? Because that was written by Galloway, who also wrote that

Brooks had not won any ofthe suits in this matter when Brooks plainly had. An Oregon Court

even stated in its finding that Brooks was unlawfully terminated.

After Brooks wrote the report on the discoveiy conference to Court in docket #34 and

issued yet anther RFP, the court appointed Pro Boni counsel, something the court had denied

earlier when Brooks requested it in docket #31. Pro Bono counsel begged off. Then, the court

appointed Michael Vergamini as counsel. As far as Brooks can tell, Vergamini did absolutely

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nothing except not disagree agree to “Motions for Extension of Discovery & PTO Deadlines” by

Stoel Rives five times in a row until he was replaced with Dugan by the Qui Tam lawyers.

Returning to the emails between Dugan and Stoel Rives to see what happens next. Dugan

returns from Minnesota on 8/8/2017. Dugan telephone Galloway and he sent a demand letter for

production of documents by 8/28. Unless Dugan agree to this, Galloway would file a Motion to

Compel on 8/14 . #98 in a cache of emails Brooks has. is one of Galloway boasting about his

inside knowledge of how the court will decide his Motion to Compel. This is 8/23/2017, and

Dugan has not even filed her answer, yet.

Then, on 8/25 you see Dugan go offthe rails. She tells Gibson that she has a memory

stick of “evidence” and sends it to him. That memory stick was Brooks’ motion and evidence (xrays, doctor notes, MR1 pictures, 100% medical records and a statement of poverty and money

owed) to the court asking for accommodations under the ADA, ADAAA, and Rehabilitation Act.

The Court would not accept that motion “because Brooks was represented by counsel”. Dugan

somehow got that and that was the evidence she sent Stoel Rives. Brooks found this out in July

2018.

8/25: Dugan reminds Galloway ofthe earlier agreement to postpone discover)' until

October 31 and asks for a stipulation. Galloway pretends like he has never heard ofthis: “I'm

afraid it’s too late for a stipulation, as we’ve already been forced to incur the cost oftiling a

motion to compel.” Dugan pleads with them and Keating answers

“The motion asks the court to order Plaintiffto produce the responsive documents and

allowfor his deposition to he taken after the cutoff. There is no other pending discovery

to he completed. ” (8/25)

Keating sends Dugan a series ofscreen shots of court deadlines. Dugan tries to remind Galloway

of her agreement with Keating:

I unfortunately had docketed the discovery deadline as October after speaking with

Reilley Keating 4/24/17 —

1) We concurred no discovery has been done.

2) Reilley agreed to a two-month extension ofdiscovery (bringing it to late October)

because ofthe fad that I wasjust coming on board.

3) Reilley actually told me defendant would be arguing that discovery should be stored in

the this case until the motion to dismiss andpotential followup second amended

complaint in the Qui Tam case were resolved.

It sounds like perhaps this information is new to you?

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On August 31, 2017, Russo sanctioned Dugan and terminates Plaintiff’s right to discovery by

holding to the August 31 deadline even though Russo knew of the agreement and Brooks not

being informed of anything by Dugan or Stoel Rives. Dugan is fined $1486 and writes

To: Keating, Reilley. From:Marianne Dugan. Sent:Thus 8/31/2017 9:31:45 AM

Subject:Brooks

Before running up more "fees on fees, "please let me know how much fees you are

intending to seek andperhaps we can agree to a resolution.

In 1114) Dugan signs away Brooks right to an ADR without a conferral and arranged a deposition

without informing Brooks. In f 122] Dugan gets Stoel Rives fees bill of $1486.00.

At 7:33 PM on 8/9, Alan Leirnan emails Brooks about the documents he has and is

answered and Brooks mails him right back:

From: Mike Brooks mibrooks@me.com Subject: Re: Documents at L&J

Date: September 9, 2017 at 8:27 PM To: Leirnan Law alan@leimanlaw.com

Cc: Marianne Dugan mdugan@mdugan.com. Jesse L. London, Attorney at Law

jesse@jesselondonlaw.com

1 tried to telephone you at your office and emailedyou. but you evidently did not get that.

My intent is to come by your office on Monday, likely around 1:00, andpick those

up. ..bothfeet are badly swollen. Ifthe get too swollen, it's akin to over inflating a tire. It

does soft tissue damage that can take weeks or months to heal and THAT lands me in a

wheelchairfor weeks or months. I will he wearing booth foot braces and and can safely

carry one load, too.

So. / will call you and try to park as close to the front door as possible, perhaps double

park Ifyou andDrew could help, we couldput everything in the hack ofthe RAVand I'd

he on the road home. 1 need to be home at 2:40, when my grandchildren's bus arrives at

the end ofour cul-de-sac.

Dugan, then, sneaks into Leirnan and Johnson’s office on Sunday September 10 and takes

everything in that locked safe room. According to Leirnan, no one was there. Just to be certain,

however. Brooks had fired Dugan on September 7 and was impressing upon Leirnan, who was

trying for a reconciliation, that he was not interested:

From: Mike Brooks

Date: September 7, 201712:35 PM

To: Jesse London, Drew Johnson Allan Leirnan

...She isn’t talking with me. 1 have no idea ofwhat she is doing. The last thing Isent her

was that "Smoking Gun?" finding and the reply I got was "I don’t know when I’ll be

back in office. Likely not til Saturday. Jesse, Drew, do you have docs scanned that

would be responsive?’’ on 8/31/17 and she warned to drop the case and the qui lam case

so she would not have to pay Stoel Rives.

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Brooks asked the Qui Tam attorney to fire Dugan, too, because he was done dealing with her.

Brooks tried to file a motion on September 7, 2017. to fire her and the Court refused to take it

“because you are represented by counsel”. Brooks was trying to get London, Leiman and

Johnson to remove their attorney; Brooks did not hire her, they did. What we do know is that

Dugan scurried down to Leiman and Johnson’s office on Sunday, 9/10, and STOLE everything in

their evidence room associated with this case. Then, in |123| (9/10) you see Dugan bargaining

away that evidence:

To: Galloway, Stephen Cc: Keating. Reilley. From: Marianne Dugan

Sent:Sun 9/10/2017 12:42 PM Subject:RE:Brooks[S-R.FlD4085643J

Can you share your timesheets with mefor quick review?

Also.ljust learned there is approximately a hankers box ofdocuments that were not

scanned. 1 worry that scanning them will eat up loo much time - can you send someone

down to review? {123{

What? Dugan is texting from her cell phone, having just seen the evidence room at Leiman and

Johnson full of unscanned documents. And. ..at this point, Galloway threatens her:

To Marianne Dugan. From: Galloway Stephen Cc: Keating, Reilley

Sent: Sun 9/10/2017 1:44 PM Subject: RE.Brooks [S-RF1D4085643)

Regarding the additional documents, you need to find a way to get them to us in time to

reviewfor the deposition. The court treated this portion ofour motion as moot based on

your representation (12 days ago) that all documents had been produced. Otherwise, it

would have undoubtedly orderedyou to produce them before now and bear responsibility

for all costs necessary to do so.A vendor will not have any trouble scanning a box of

documents and sending us the files electronically in a day. Ifwe do not get the documents

by close ofbusiness tomorrow, we will beforced to take the matter up wilh the court.

Please advise as soon as possible when we can expect to receive the documents and

payment ofthefee award. {124]

Dugan spoke with Galloway on the phone about those documents. Dugan, saw those as a

bargaining chip to avoid paying sanctions. Brooks was told by the reporter that Dugan did not

pay Stoel Rives and sent an automobile down to Eugene to pick up several boxes ofdocuments.

Brooks was told they “forgave” the sanction debt. Brooks has no idea of how the journalists got

that information, but it is apparently true.

Finally, after Stoel Rives got all ofthe stolen documents and the court thought it had all

ofthe incriminating evidence aginst Oregon, it permitted Brooks filing an Ex Parte ADA

communication with the Court on September 12 (docket 70). Brooks expresses his mistrust of

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Dugan and stales he will file a motion to proceed pro se the following morning. Russo sent a

copy of that Ex Parte document to Dugan, who sent it to Stoel Rives [142]

From: Marianne Dugan, cc: Galloway, Stephen. Sent: Tue 9/12/2017 3:55 PM

Subject: RE: Brooks v. Agate

Ok. [Referring to what???]

By the way, 1 just saw Mr Brooks apparently just filed something about the ADA on his

own.

[143] and |144[ are about stipulation and fees, but, in |145] Keating writes to Dugan

Sent: Wed 9/13/2017 8:50AM Subject: RE:Brooks Attachment Production.docx

First, is this the “filing”you were referencing? It was contained in the documents you

producedyesterday afternoon. Did he also file this with the court? Ifthis is not the

document, please send me whatever hefiled.

NB: That “filing" was Brooks’ 98 page case strategy document. There were three copies

ofthat file sent to Stoel Rives. Brooks got them and extracted the forensic evidence. The

earliest conversion to Word was at 4:12 PM on 9/11/17. The header was deleted and a

copy ofthat file saved one minute later. Brooks found a DropBox record where that file

was sent to Stoel Rives at exactly 6:49 PM on 9/11. So, it would appear that Dugan

altered that file and sent it to Stoel Rives.

Then, finally as promised above, we have Russo admitting that she knew about the

agreement to postpone Production between Keating and Dugan. This is docket #88, filed on

October 16, 2017 (and the District Court has altered some documents and deleted others - Brooks

downloaded those files and had the originals from the dates they were filed on PACER)

On March 17, 2017. plaintiffsubstituted Marianne Dugan as counsel. OnApril

24, 2017, theparties’ conferred regarding this lawsuit; defense counsel agreed tojoin

plaintiff’sforthcoming request to extend the then-current discovery deadline by two

months,fromAugust 31, 2017, until October 31, 2017. Additionally, the parties

discussedpotentially staying this lawsuit to allow’ for the resolution ofa related matter

and to permit plaintiffthe opportunity to amend his complaint.

During May and June 2017, defendant’s attorneys contacted Ms. Dugan

numerous times to ask whether she intended tofile an amended complaint orseek an

extension ofpretrial deadlines. Because Ms. Dugan did not respond, defendant served its

Requestsfor Production on June 29, 2017. Ms. Dugan thereafter did notfurnish any

responsive documents, so that on August 15, 2017, defendant movedforsanctions and to

compel production.

Thus, Russo knew at least by October 16, 2017, that Dugan and Stoel Rives had an

agreement to postpone discovery. She also knew that Dugan had communicated the date she was

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leaving and returning to Stoel Rives and her fellow qui tam layers. Russo also knew that Dugan

was appointed by Leiman and Johnson as part oftheir Qui Tam team.

By August 23, 2017, the Judge knew that Dugan had been out ofstate and Dugan had

told Stoel Rives that she was leaving in May. In fact, has already showed that Stoel Rives

attempts to contact Dugan were show! She also refers to a voicemail., .left on a disconnect phone

with a message telling callers she is out ofthe office and returning in August. Judge Russo

should have sanctioned Stoel Rives right then. So, why did she sanction Dugan and go on to

deny Brooks his right to discovery when she knew Dugan ran off “on vacation5’ without telling

him.

Worst case, Dugan had somehow screwed up filing that Discovery extension. Russo also

knew that Dugan was out of contact from May until August with an agreement to postpone

discovery. Why didn’t Keating, then, call the other three lawyers working with Dugan? More to

the point, why was Russo denying Brooks right to discovery? Brooks was the innocent party.

Brooks case bears a striking resemblance to Bailey v. Brookdale Univ. Hosp. Med. Ctr., No C

16-2195, but on steroids. In that case, the court sanctioned the attorneys for keeping the plaintiff

in the dark, for not communicating with Bailey. Here, Russo seems to be part ofthe Stoel Rives

team.

Russo knew by August 31 that Keating set Dugan up and allowed her misrepresentations

and obvious creation of an elaborate document trail (which Brooks only got by accident and,

then, a year later). Russo used that as an excuse to illegally deny Brooks discovery. Those were,

at the very least, Judicial and ABA ethics violations. Aiken and Mosman all knew that Russo had

wrongly denied Brooks his discovery rights, too. At best. Russo, Aiken, and Mosman allowed

the Court to be manipulated by Keating and Galloway. You had, no matter what, a broken trial

that demanded a retrial.

Rather than declare the trial broken, Russo was abruptly pulled from this case and moved

to Portland, between September 19 and September 21,2018; then, Aiken assigned Kasubhai.

In her parting statement, Russo repeats the same, by now discredited and unhinged, claim

that Brooks never sought discovery. In an Order ( docket #174) on September 17, 2018, we see

Russo arguing:

In September 2017, plaintiff moved to proceed pro sc and for an extension ofthe

discovery deadline, as neither he nor his former counsel had sought any discovery during

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the course ofthis lawsuit. The Court granted plaintiff’s requests and allowed plaintiff 30

days to locate substitute counsel.

Worse, on December 7, 2017, Keating and Galloway oppose a motion by Brooks that his

discovery rights were unlawfully denied by the Court.

Agate objects to Plaintiff’s service ofa Requestfor Documents

on Agate, and to each and every individual Request. on the grounds that the Requests are

untimely because the deadline to complete discovery was August 31, 2017.

This was removed from PACER!

And in this latter regard, consider Brooks’ email to Galloway on October 30, 2017. And

note, Brooks is requesting this because Dugan claimed to Brooks, the Oregon State Bar, and the

Court that her computer had crashed and she lost all of her documents and emails:

One thingyou can help me vt>ilh is communications you had with Dugan...] have no idea

ofwhat she discussed...why she wavedpreliminary discovery iwith a disabled clientfiling

ADA and FMLA complaints... ”

/email Brooks to Galloway and Keating, ]0/30/2017 4:21 p.m.J

To which Galloway replies:

Mr. Brooks, We also received very little communication from Ms. Dugan, which is why

we filed a motion to compel. 1 have attached our motion and supporting declaration,

which to my knowledge, contain or describe all of our correspondence prior to August 8

that was related to discovery, [email Galloway to Brooks, 10/30/2017 4:33 p.m.]

Then, on July 5,2018, Brooks finds 175 emails between them and Dugan that Galloway and

Keating had kept from Brooks and another 102 emails and telephone records. Anyone looking

those can determine laws and ethical violations took place that required sanctions against Stoel

Rives.

Russo broke this case by her conflict of interest with Keating and Stoel Rives partners in

her OWLS group. Russo, Galloway and Keating, are members ofthis OWLS lawyer social

group, so there is a conflict of interest and ethics violations. Stoel Rives should be disqualified

and a new trial and a new venue ordered, if a fair trial is even possible.

BROOKS’ EXPERTISE

Brooks is not your normal DBA. Brooks is actually an engineer, a Tektronix Fellow and

lead or sole inventor on US Patent 6,618,162 and 6,618.162B1; updates for computers, cell

phones, printers, over the internet. The international version ofthat, granted on July 27, 2000, is

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WO 00/43863 (W02000043863A1). Brooks was awarded a Tektronix Fellow for inventing the

OTDR algorithms and pattern recognition . You would not have DSL internet, fiber optic based

networks, or even internet or broadband based updates or software loading on your smart phone,

computer, printer, or smart refrigerator ifit were not for those inventions.

Brooks knew nothing of medical coding when he was hired. As a result ofAgate’s sale of

patient records, which Brooks found out about in 2006, Brooks dedicated himself into becoming

an expert on Medical Coding. Brooks took the AAPC Accreditation course. When he was

granted access to the claims database in 2010/11, Brooks started looking for fraud, looking

backward to 2000 in the record set and forward to the present day.

Brooks became so proficient with Medical Coding that he was correcting lngenix/Optum

errors and writing groupers and special code for them. mArlan Lillie, the IT manager in the 2011

Performance Review wrote:

This pastyear, Mikes work consisted ofabout 75% Ingenix reporting toolfor medical

management, and the remaining portion ofhis time was spent creating reportsfor

almost every other department. The Ingenix reporting andpredictive modeling system

is very complex, and has a number ofproblems. New releasesfrom Ingenix often

contain errors, and it takes Mike weeks tofind all ofthe bugs in each new release. He

tvorks closely with Dr. Satt and Dr. Stern to create reports that are used to direct

medical management department policy

In 2012, Ingenix sent theirprogrammers to Agate to meet with Brooks about errors in their code

andprogram structure:

“Recently, Ingenix had a problem with their programming, that involved all oftheir

users, nationwide. Mike was able to work with them and help them fix their code

and get the project back on track. “ (Performance Evaluation 2/17/2012J

Brooks wrote the medical code grouping algorithms in use today. He is one ofthe country’s

leading experts on medical coding. This become important when you look at the Oregon District

Court’s dismissal of 6:14-cv-0l424-AA/MC.

REASONS FOR GRANTING THE PETITION

Brooks’ life been destroyed for trying to do the right thing. His health has been wrecked,

and he has been impoverished deliberately by the courts and defendants in retaliation. The key

points will determine and set policy for the:

• Application ofthe Rehabilitation Act, the ADA and ADAAA; the FRCP and ARCP, and other

statutes and rules established by Congress to the federal Article 3 Courts as Congress intended

and to states and lawyers

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• Due Process for Pro Se litigants who are treated differently and with prejudice and disrespect

by the federal courts

• Revisit Sarbanes Oxley and its applicability to the new Byzantine corporate structure that been

created to circumvent it

• The application of Sarbanes Oxley. H1PAA, an other laws pertaining to healthcare to state

governments in light ofthe ACA and Congress’s “outsourcing” healthcare and the money and

opportunity to create organized crime in state governments

• Revisit setting professional, ethical, and legal guidelines forjudges and attorney’s before the

federal courts

Brooks is asking that Stoel Rives, Oregon, and district Courtjudges be criminally

indicted for felony tampering with documents, perjury, and derailing a case in an act of political

revenge.

Brooks asks for a summary judgement, based on his Revised Complaint. That is highly

unusual, but Brooks is not likely to be alive is this goes through another 8 years oflegal circus

paid for by a corrupt Centene Corporation with deep pockets and political contacts that include

being the largest bundler for President Biden and a board stuffed with governors, senators,

astonauts, and enough military officers to staff a third world Pentagon.

Ifnot that, Brooks has more than demonstrated that Stoel Rives and their experts should

to be disqualified. The Rico v Mitsubishi Motors 42 Cal. 4th 807,171 P.3d case makes this an

easy decision. Simply based on the evidence given to the 9th Circuit Judges Stoel Rives was

disqualified. They participated in theft of Brooks’ case documents and hid that fact by lying to

the Court.

Brooks asks for the return of all of his evidence and documents, everything that was

taken by Dugan.

Brooks asks this court to remove the “Protective Order” issued by Aiken and asks lor

permission to give that evidence to Congress, the US Department ofJustice, private attorneys

representing Agate and Centene’s victims, to the International Court ofJustice and countries of

foreign student victims, and to the press (with suitable HIPAA identity protections).

Along with disqualification, Brooks asks for sanctions against Stoel Rives and Leiman

and Johnson to pay for expert counsel.

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The new trial should be anywhere but Oregon. Brooks is doubtful however, that a fair

trial is possible anywhere.

Brooks asks that the defendants and Ninth Circuit and District Court judges that received

medical records, received doctor letters about the precarious state ofBrooks health and callously

disregarded that, further harming him, be subjected individual and corporately to the full

financial penalties accompanying HIPAA and the ADA, ADAAA, and Rehabilitation Act:

Kasubhai and Aiken, $55,000 each for IIIPAA violations in unsealing or denying the seal

ofmedical records

Stoel Rives attorneys Reilly Keating and Stephen Galloway, $55,000 each for receipt of

medical records from Seattle OSHA, Davis Nessler Cass at MODA and $55,000 for each

violation of HI PAA by use ofthat information before the Court. Brooks estimates this at

$550,000, to be shared between Keating and Galloway and Stoel Rives.

$55,000 for each Ninth Circuit Court Judge.

$5,5000,000 against Centene for abusing their position as a state contractor and denying

Brooks critical medical care, leading to life ending injuries and suffering.

All ofthese fines to be paid immediately and prior to any new trial.

Respectfully Submitted, March 29, 2021,

Michael T. Brooks

Pro Se

32713 Vintage Way

Coburg, Oregon 97408

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