Mary Cummins, Amanda Lollar Texas lawsuit 2015-00259-3 - Judge Mike Hrabal County Court 3: June 2016

Wednesday, June 22, 2016

Court, attorney doing everything in their power to deprive me of a fair trial

The county court, clerk and Texas attorney Randy Turner are doing everything in their power again to prevent me from having a fair trial. Court refuses to sign order on indigence. Court stated they signed order on motion to dismiss but it wasn't filed and I didn't receive it. The clerk must send, file documents via efiletexas.gov but they are refusing to do so. Court reporter won't give me the transcript of the hearing without payment. Documenting everything and cc'ing it to Appeals Court and others.

Mary Cummins vs Amanda Lollar, Mary Cummins, Amanda Lollar, Bat World, Bat World Sanctuary, Randy Turner, Randall Turner, Randall E Turner, Randall Eugene Turner, attorney, lawyer, fort worth, texas, tarrant county, second court of appeals, 352-248169-10, 352nd District Court, Judge Bonnie Sudderth, Justice Bonnie Sudderth, Judge William Brigham, Justice William Brigham, 2015-002259-2, 2015-002259-3, 02-12-00285-CV, 02-16-00165-CV, county court 3, Judge Mike Hrabal, Mike Hrabal, Judge Jennifer Rymell, Jennifer Rymell, defamation, libel, slander, breach of contract, forgery, fraud, perjury, disbar, unethical, unprofessional, inappropriate

Mary Cummins

Mary Cummins of Cummins Real Estate Services has been in real estate since 1983, over 35 years. She is licensed by the Bureau of Real Estate Appraisers. Mary Cummins was an agent and broker licensed with the California Department of Real Estate selling residential income, commercial buildings, raw land and homes for Merrill Lynch Realty in Beverly Hills and Westside Properties in Los Angeles before concentrating on appraisals. Mary Cummins currently provides real estate appraisals, expert witness testimony, historical research, legal real estate research for mortgage brokers, banks, lawyers, factors, insurance companies, financial consultants and private individuals. Mary Cummins was born and raised in Southern California. Cummins attended Beverly Hills Good Shepherd Catholic School and Beverly Hills High School. Besides being on the Dean's list, Mary Cummins was a top ten national swimmer and competed on the men's water polo team. Mary Cummins began college at the age of 15 attending the University of Southern California on scholarship, majoring in Psychology/Sociology. http://www.animaladvocates.us http://www.facebook.com/AnimalAdvocatesUSA

Friday, June 17, 2016

Amended notice of appeal Mary Cummins v Amanda Lollar 2015-002259-3, 02-16-00165-CV

Appeal No. 02-16-00165-CV

County Court Case No. 2015-002259-3

AMANDA LOLLAR,

Plaintiff,

vs.

MARY CUMMINS,

Defendant Pro se

COUNTY COURT 3

TARRANT COUNTY, TEXAS

DEFENDANT’S AMENDED NOTICE OF APPEAL

Defendant, Mary Cummins, files this amended notice of appeal per the Second Court of Appeal’s June 7, 2016 letter. Defendant, Mary Cummins desires to appeal from the oral order by the Court on May 17, 2016 to the Second District Court of Appeals of Texas. The oral order was a denial of the motion to dismiss. As of today Judge Mike Hrabal who presides over Tarrant County Court 3 refuses to write, sign, file an order on Motion to Dismiss[1] per Defamation Mitigation Act, Citizen Participation Act, Forgery, Fraud, Perjury, Lack of Jurisdiction and Statute of Limitations (Exhibit 1, Docket).

The current case is 2015-002259-3. It was originally filed as 2015-002259-2 until Judge Jennifer Rymell voluntarily recused herself after hearing the Motion to Dismiss[2] and refusing to rule. Judge Mike Hrabal was then assigned the case by Judge Evans.

The current case is copy/paste the 352-248169-10 case including claims which were reversed on appeal. This case was instantly filed after this court released their opinion in case 12-02-00185-CV April 2015. Randy Turner even included all of the reversed claims including the breach of contract claim. This was intentional to try to make the forum be Tarrant County, Texas per the void contract instead of California court which is the proper jurisdiction and venue. Plaintiff has repeatedly stated that Defendant allegedly defamed Plaintiff only while in California. Defendant has never defamed Plaintiff.

In the original case Plaintiffs did not show elements of defamation or even state which items they felt were defamatory. Second Court of Appeals ruled that “defamation is assumed.” They also ruled that Defendant should have filed a rare motion to force Plaintiffs to identify the defamatory items. The alleged defamatory items were never identified in the trial or appeals court. The word “defamation” is not in that trial court order. A list of the allegedly defamatory comments was never made.

The Defamation Mitigation Act and Citizen Participation Act both passed after Defendant was originally sued because of cases identical to Defendant’s. Plaintiff now had to specifically identify the alleged defamation, send a cease and desist letter then send proof that the items are indeed defamatory. Plaintiff failed to do these things before filing the current case.

Because Defendant never defamed Plaintiff there was no evidence of defamation. Plaintiff Amanda Lollar and Randy Turner then forged the evidence in this case. Lollar added defamatory comments within the statute of limitations period and signed Defendant’s name to the anonymous public posts. The actual public articles with comments do not have a comment made by anyone on that date and time. There are no comments by Defendant. All of the exhibits were forged in the same manner. Here is but one of the forged exhibits. They were all exactly like this. Amanda Lollar's forged Exhibit 5[3]. The actual Exhibit 5 in my brief[4]. The actual Exhibit 5 online[5]. This is an Internet defamation case. The exhibits must be viewed online to compensate for viewer’s individual browser differences. There is no comment by “Mary Cummins” or anyone on that date, time. All entries in that website are anonymous.

Plaintiff Amanda Lollar also forged an email from the head of the USDA clearing her of all wrong doing. In actuality the USDA sent an email stating Lollar was investigated and found guilty of causing “bats pain, suffering and death” and Lollar “violated the Animal Welfare Act” (Exhibit 3). The definition of “animal cruelty” is “pain, suffering and death.” Lollar’s USDA permit was then cancelled. The forged emails are dated two years after Lollar lost her USDA permit. There are actually three different versions of the forgery made and posted by Lollar which Defendant included in the Motion to Dismiss[6]. One forgery was included in the complaint in this case. Freedom of Information Act responses prove that no such email exists. The USDA would not clear someone of wrong doing two years after finding them guilty of wrong doing and cancelling their permit. In this current case Plaintiff argues that the 2011 email in Exhibit 3 written by Dr Laurie Gage of the USDA in Colorado is Defendant’s defamation. The claim and argument is beyond bizarre. Defendant believes Plaintiff’s attorney Randy Turner is not fit to practice law. Previously Turner filed a motion to strike his own expert. In the motion Turner viciously trashes his own expert not realizing it’s his own expert[7]. Defendant told Turner that it was his own expert. Turner still set the motion for a hearing.

As Plaintiff Lollar and attorney Turner both wrote and signed sworn affidavits and motions stating the exhibits, USDA email were authentic, they committed perjury. Randy Turner needs to be disbarred. Both Turner and Lollar should be charged with forgery, fraud and perjury. Defendant requests that this court forward this document to authorities and the State Bar so action may be taken.

In this case not only has Defendant never defamed Plaintiff but Plaintiff Lollar and her attorney Randy Turner have defamed Defendant. Plaintiff’s attorney Randy Turner has a 35 pg singled spaced ihatemary page in his business website[8] independently confirmed by the Internet Archive Wayback Machine. Turner talks about the size of Defendant’s breasts when she was 11 years old in this site. Turner also falsely states that Defendant sued her grandmother, the bishop, is wanted by the law, has committed crimes… all completely false.

Plaintiff Lollar has over 400 blogs devoted to defaming Defendant. Those blogs also talk about Defendant’s “breasts,” “ass,” “vagina,” “vomit,” “poop” and include child pornography using Defendant’s face. Here is but one post[9] certified by the Internet Archive Wayback Machine. Defendant was forced to file police reports with the Fort Worth Police Department. The FWPD actually identified the child pornography, not Defendant.

Defendant requests that Justice Bonnie Sudderth not be on the panel for this appeal. Justice Sudderth was the sitting judge for the previous identical case and is biased. Justice Sudderth requested two vacations for one specific injunction hearing and the trial. Both times then Judge Bonnie Sudderth specifically requested Judge William Brigham to oversee the proceedings. Plaintiff’s attorney Randy Turner bragged to Defendant in court “I’ve known this judge for years. He’ll sign anything I put in front of him.” Defendant witnessed Judge William Brigham sign an order written by Plaintiff’s attorney Randy Turner without even reading it. Judge William Brigham did sign every order written by Randy Turner without edits. Randy Turner even sent the final court order to Judge Brigham’s personal residence. Judge Brigham never even signed an oath of office after the assignments or before the hearing and trial. The judgment in the original case is therefore void. Justice Bonnie Sudderth and 84 year old retired Judge William Brigham clearly “gamed the system”[10] using their positions to help their friend Randy Turner.

Plaintiff’s attorney Randy Turner also mentions Justice Bonnie Sudderth personally in Plaintiff’s reply to motion to dismiss. Turner mentions a website SudderthCoverup[11] written years before Defendant ever went to Texas and tries to insinuate that Defendant is involved in the website. That is false. The website most likely written by one of the prosecuting attorneys also has nothing to do with this case. The website is about Justice Bonnie Sudderth using her position as Judge to speak as a character witness for her brother Sky Sudderth in his criminal case for alleged child rape in 2007.

Defendant requests that the Justices on the panel for appeal of the identical previous case 12-02-00285-CV[12] i.e. Justice Lee Ann Dauphinot, Justice Bill Meier, Justice Lee Gabriel, not be on the panel for this appeal as they are biased.

The Justices took 18 months to write an approximately 80 page opinion stating that Defendant defamed Plaintiff with malice when Defendant has NEVER defamed Plaintiff. Plaintiffs in that case NEVER stated what they felt was allegedly defamatory. Justice Dauphinot stated that indigent out of state pro se Defendant should have known to write a rare legal demand to request a list of the defamatory statements. Justice Dauphinot then stated “defamation is assumed” and “doesn’t have to be proven.” Justice Dauphinot repeatedly misquoted the record even adding items which were never in any legal filing. Justice Dauphinot even personally attacked Defendant in the opinion. Justice Dauphinot mentions the amicus briefs[13],[14] filed by Paul Alan Levy of Public Citizen who has been a freedom of speech lawyer for over 40 years and David Casselman of Cambodia Wildlife Sanctuary and ElephantsinCrisis.org then Justice Dauphinot dismissed them. The amicus briefs supported Defendant’s own arguments.

Justice Lee Ann Dauphinot stated in the opinion in that case that Defendant did not argue damages in the case. Plaintiff Lollar in the trial admitted Lollar had no proof of any damages or causation by Defendant. There were no damages to argue! Pro se defendant was never advised of defendant’s right to object to the Facts & Findings, Conclusions of Law which were written by Plaintiff’s attorney Randy Turner and signed by Judge William Brigham unedited. Not objecting did not mean Defendant agreed with the Facts & Findings, Conclusion of law. Of course Defendant would never agree to a $6,176,000 judgement when there was not a penny of actual loss or damages, Defendant never defamed Plaintiff and Defendant is penniless.

After the opinion was released Plaintiff’s attorney Randy Turner continued to brag about his close relationships with the Judges and Justices in the case. Randy Turner and his wife Patti Gearhart-Turner have been lawyers in Fort Worth, Texas for over 30 years. They are on many panels, boards, committees with these same Judges and Justices in this case and the previous one. Randy Turner in his business websites brags about his communications with the Justices.

In the previous case UCLA freedom of speech lawyer professor Eugene Volokh even wrote an article about the opinion[15] stating the opinion was clearly in the wrong in regard to protection for media defendants. Defendant was and still is media. In the previous case Plaintiff Lollar bragged in court many times that Lollar was a public figure in regard to bats and non-profits. Justice Dauphinot merely stated Lollar was not a public figure, Defendant is not media so defamation would not have to be proven. Justice Dauphinot even stated Defendant never stated Defendant was indigent until after the trial. That is completely false. For Justice Dauphinot to affirm $3,000,000 in compensatory damages and $3,000,000 in exemplary damages when there were no damages whatsoever and Defendant had a negative net worth is beyond surreal. As the claim was allegedly with malice this is an unjust life long financial death sentence for Defendant.

In Plaintiff’s reply to motion to dismiss Plaintiff’s attorney Randy Turner for no reason includes information about Justice Lee Ann Dauphinot’s son’s criminal record stating it’s not really his criminal record. Defendant believes Turner did this to further defame Defendant to the Judges and Justices in this case. Randy Turner has been having ex-parte communications with the Judges, Justices in this case. For this reason Justice Dauphinot should not be on the panel in this appeal.

For all these reasons the new case must be dismissed. The older identical case must also be reversed as Plaintiff’s have unclean hands as they forged the evidence, committed fraud and perjury. Defendant must appeal the Motion to Dismiss which was denied by Judge Mike Hrabal in County Court 3. This notice of appeal is filed in County Court 3 and the Second Court of Appeals of Texas. Defendant requests a stay in the case on appeal.

________________________________

Mary Cummins, Defendant Pro se

[1] Mary Cummins’ Motion to Dismiss per Defamation Mitigation Act, Citizen Participation Act, Forgery, Perjury, Fraud, Lack of Jurisdiction, Statute of Limitations (minus filed exhibits) http://animaladvocates.us/DEFENDANT_motion_dismiss.pdf

[2] Mary Cummins Motion to Dismiss w/o Exhibits http://animaladvocates.us/DEFENDANT_motion_dismiss.pdf

[3] Plaintiff Lollar’s Exhibit 5 http://animaladvocates.us/exhibit%205.pdf

[4] Defendant’s Exhibit 5 http://animaladvocates.us/def_exhibit_5.pdf

[5] Real online Exhibit 5 https://www.indybay.org/newsitems/2013/02/21/18732538.php

[6] Three USDA emails forged by Lollar http://animaladvocates.us/usda_email_forgery_proof.pdf

[7] Randy Turner files Motion to Strike his own Expert http://animaladvocates.us/batWorldLawsuit/motion_strike_expert.pdf

[8] Randy Turner’s ihatemary page in his business website http://web.archive.org/web/20141206181833/http:/www.randyturner.com/index.php/randys-cyber-stalker

[9] Amanda Lollar defamatory, bizarre blog post about Defendant http://web.archive.org/web/20150902095338/http://mary-cummins.co/2014/10/28/is-mary-cummins-obsessed-with-pedophilia/

[10] Gaming the Judicial System http://marycummins.com/eliminate%20assigned%20judges.pdf

[11] SudderthCoverup website http://web.archive.org/web/20110128081632/http://sudderthcoverup.com/

[12] Mary Cummins v Amanda Lollar, Bat World Sanctuary 12-02-00285-CV http://www.search.txcourts.gov/Case.aspx?cn=02-12-00285-CV&coa=coa02

[13] Paul Alan Levy, Public Citizen, amicus brief http://www.animaladvocates.us/cummins_amicus_brief.pdf

[14] David Casselman, ElephantsinCrisis.org, Cambodia Wildlife Sanctuary http://www.animaladvocates.us/mary_cummins_v_bat_world_sanctuary_amicus_letter.pdf

[15] Eugene Volokh, Washington Post, ‘Nonmedia’ speakers don’t get full First Amendment protection, rules a Texas Court of Appeals panel https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/04/20/nonmedia-speakers-dont-get-full-first-amendment-protection-rules-the-texas-court-of-appeals/

Mary Cummins

Thursday, June 16, 2016

Mary Cummins reply, objection temporary injunction - Amanda Lollar, Randy Turner Texas attorney

Below is copy/paste of the .doc file of Defendant's objection to temporary injunction. When I copy/paste a doc file here it puts all the foot notes at the end for some reason. At the last second Plaintiff's attorney Randy Turner cancelled the hearing. I'm amazed that Judges do what Randy Turner tells them to do. You know you are incredibly corrupt when you brag about how corrupt you and the Judge are in the court room.

Cause No. 2015-002259-3

AMANDA LOLLAR,

Plaintiff,

vs.

MARY CUMMINS,

Defendant Pro se

IN THE COUNTY COURT OF LAW

NUMBER 3

TARRANT COUNTY, TEXAS

DEFENDANT’S AMENDED UNOPPOSED REPLY, OBJECTION TO HEARING ON MOTION FOR TEMPORARY INJUNCTION, INJUNCTION WHICH WAS NEVER FILED OR SERVED

TO THE HONORABLE MIKE HRABAL,

COUNTY COURT AT LAW NO. 3:

Defendant files this objection to the injunction hearing scheduled for June 10, 2016 then rescheduled to June 14, 2016 without giving up Defendant’s right to appeal the May 17, 2016 Motion to Dismiss. Defendant hearby gives this court notice that Defendant will appeal any oral or written order on the motion for temporary injunction. Defendant denies every claim in Plaintiff’s original complaint. Defendant already filed notice of appeal of the Motion to Dismiss.

Cummins is a disabled indigent out of state pro se Defendant. Cummins has already been declared disabled by the Tarrant County courts. Cummins sent a letter in 2015 to the ADA representative requesting telephonic appearances. Cummins has been granted telephonic appearances by the Tarrant County court system. It’s included in the court file.

Defendant requests that if there is a hearing on the temporary injunction, Defendant be allowed to appear by phone as Defendant has in all previous hearings. Defendant filed a Motion for Telephonic hearing May 24, 2016 which was accepted by the Court.

Defendant filed a notice to the court and fax to the court June 10, 2016 requesting again the telephonic appearance and hearing. Defendant did not receive a reply.

Defendant has been declared indigent in Texas case and appeal 352-248169-10, 02-12-00285-CV[1]. Defendant has been declared indigent in California in 2013, 2014, 2015 and 2016 by the Courts in cases with same Plaintiff. Defendant does not have any money to travel to Texas for a hearing. Defendant is not physically able to travel at all.

Defendant filed an Affidavit of Indigence. A contest was filed and a hearing was scheduled and rescheduled. Plaintiff did not request it to be heard by the court before the motion to dismiss. Defendant’s indigence is therefore affirmed in this case.

INTRODUCTION

Defendant incorporates everything in Defendant’s Motion To Dismiss in this filing.

May 17, 2016 Defendant’s Motion to Dismiss inre Defamation Mitigation Act, Citizen Participation Act, Forgery, Fraud, Perjury, Lack of Jurisdiction, Statute of Limitations Doc ID#26 was heard. Court denied Defendant’s motion to dismiss. Defendant stated Defendant would appeal and requested the minutes in the hearing. No court order was signed. Defendant appealed the motion to dismiss.

A Contest of indigence was supposed to have been heard on that date but Plaintiff did not request it. Defendant is therefore indigent in this case as no contest was heard before the motion to dismiss.

Defendant requested the minutes of the hearing and the audio recording from Shari Steen court reporter as an indigent. Steen refused to write or deliver the minutes without payment of $125 made before the transcription begins. Steen demanded a signed order on Defendant’s indigence before starting transcription without pay.

Defendant sent a request for signed order on indigence with a proposed order May 18, 2016 on a fee waiver. The Court accepted then rejected the filing May 19, 2016 stating the $2 fee was not paid and would not be waived without the signed order on indigence, Catch 22. Defendant then tried to pay with one gift card which bounced the $2 fee. Defendant found another and paid the $2 filing fee.

May 18, 2016 Plaintiff’s attorney Randy Turner sent a fax giving Defendant notice that a hearing will be held on temporary injunction. Plaintiff has not filed a motion for temporary injunction or any evidence per the docket as of June 11, 2016. Plaintiff also included directions on how to physically be present at the hearing in Texas knowing full well that this is impossible for Defendant. Defendant is awaiting back surgery and cannot travel. Plaintiff hopes to win by default as they have no case. DEFENDANT HAS NEVER DEFAMED PLAINTIFF!

Defendant objects to the injunction hearing as Plaintiff has not filed a motion for injunction. Defendant can’t defend herself without the motion and exhibits. Plaintiff must file and serve the motion with all exhibits at least 21 days before a hearing as per Texas Rules of Civil Procedure. As Defendant can only appear by phone Defendant must have all the documents ahead of the hearing. Previously Defendant gave notice to Plaintiff to be sure to give all exhibits not already filed to be used in any hearings along with arguments to Defendant a week before any hearing. Plaintiff has also appeared by phone.

Plaintiff’s attorney Randy Turner has a long history of abusing judges, courts and gaming the court system. This case is an exact copy/paste of the previous 2010 case 352-248169-10. Plaintiff even included the breach of contract claim which was reversed in the appeals court. In the identical previous case 352-248169-10 Turner came up to Defendant in the 352^nd courtroom May 4, 2011 for a hearing on temporary injunction and stated “I’ve known this judge for years. He’ll sign anything I put in front of him.” Turner had gamed the system by filing this exact cause with the false breach of contract clause to get this case in his friend Judge Bonnie Sudderth’s court. Turner further gamed the system[2] by having Sudderth request vacation for the exact time of that hearing and the trial date. Defendant did not even know there was a different judge that day. The court gave no notice. Plaintiff did not even file or give Defendant a copy of the motion, exhibits or proposed order before the hearing.

Defendant viewed the exhibits in court and stated Defendant did not write or post the items. There was no proof provided to show that Defendant wrote or posted the items or controlled the websites. Defendant had not even seen those websites before the hearing.

Plaintiff did not show any of the elements of defamation at the hearing. Plaintiff did not prove that (1) Defendant wrote, posted the statements of fact in question, (2) the statements were false and defamatory, (3) the statements were about Plaintiff, (4) the statements were made without privilege, (5) Defendant acted negligently writing, posting the statements or (6) physical evidence showing that Plaintiff was and will continue to be damaged by the statements. Nonetheless Judge William Brigham a visiting, retired Judge signed the six page single spaced court order written by Randy Turner without even reading it directly in front of Defendant. That order contained prior restraint which is unconstitutional. It was void as a bond was not posted. It was void as Defendant did not post the items. Defendant still obeyed the court order as best as possible.

The order stated Defendant must remove the websites, posts, comments made by known and unknown third parties on websites Defendant had not even seen and did not control. Some sites were in Chinese which Defendant does not read or write. Some of the items were written by Plaintiff, written by known others, written by unknown others, made by robots, were copies of Defendant’s fair and privileged reports to authorities, were legal documents with litigation privilege or were privileged videos, photos taken with written and oral permission by Plaintiff.

After the hearing Plaintiff’s attorney Turner ran after Defendant, cornered her and waved the court order in Defendant’s face while angrily stating paraphrased “You better remove all these links or I’ll find you in contempt, sanction you and throw you in jail!!!!” Defendant replied “I don’t control those websites. I didn’t write or post all those links. I can’t remove other people’s websites.” Turner replied “then you’re going to jail, jail!!!!”

Plaintiff is again trying to abuse the court and judge to get the same unjust temporary injunction over Defendant. The Appeals court ruled the previous court order was void and unconstitutional. Any proposed order would include unconstitutional prior restraint as Turner even included it in the final court order after specifically stating he could not and would not. Both the temporary and final orders were reversed as they were unconstitutional.

Plaintiff’s attorney Randy Turner took the previous temporary injunction and sent it to third parties demanding they remove the items written by people other than Defendant on sites not controlled by Defendant. ACLU-NC replied to one take down request by stating they do not have to legally remove the items (Letter from ACLU attorney to Randy Turner)[3]. The court order is not against ACLU-NC or IndybayMedia. They did not remove the item.

Randy Turner then illegally threatened to sue Google if they did not remove the items from search engine results. Google removed the items from search engine results. They can only be found using any search engine except Google.

Defendant removed everything in the court order even though Defendant knew it was void, unconstitutional and nothing was defamatory. Defendant did not replace the items ever.

Even after the Appeals Court reversed the order, Randy Turner took the void order and threatened to sue Google again if they did not remove all of Defendant’s blogs which did not even include the name of Plaintiff. Google removed the blogs. Defendant sent the opinion to Google who then stated they would not remove the blogs again but were unable to return the blogs. The blogs were eight years old and contained 1,100 articles and none were about Plaintiff. They were educational or research articles besides obituaries of people. Defendant did not have a copy of the blogs never thinking blogs about wildlife and obituaries would ever be removed. Randy Turner demanded them removed for harassment purposes only.

The purpose of the last and this injunction is not to remove “defamation” as there is none. It is to remove criminal evidence of Plaintiff’s commission of animal cruelty, animal abuse, animal neglect, violations of the Animal Welfare Act, Texas Health Dept regulations, Texas Parks & Wildlife, donor fraud, tax fraud and now forgery, fraud and perjury. Randy Turner also used the void court order to remove negative items written about himself by unrelated journalists and writers.

Randy Turner’s other purpose for the injunction is to harass and harm Defendant as much as possible psychologically and financially. Randy Turner ordered Google to remove a press release about Defendant’s appeal[4] from search engine results. That was not in any court order yet Randy Turner threatened to sue Google if they did not remove it. You can only find it now using Yahoo. That means $300 was wasted on the press release which no one can find.

Randy Turner then took the unconstitutional and void court order and demanded that Google remove parts of Defendant’s business and ex-non-profit websites from search engine results. Entire directories are now excluded. Defendant is positive that Randy Turner will again abuse the court system to get a void and unconstitutional injunction with prior restraint to continue to harm Defendant and others.

In this case the court NEVER stated which items were defamatory. The opinion stated that Defendant should have requested a list of the alleged defamatory items and didn’t. There was never a specific list of items which were declared by the court as defamatory. It is not in the trial court order. The word defamation is not even in the order. Plaintiffs never stated at trial what they felt was defamatory. The final trial court order was just a take down order. It included items written by Plaintiff, government agencies, not about Plaintiff, made by others….

As no specific items have been declared defamatory by the court, no injunction on any items can be made as they have not been declared defamatory by the court.

Defendant objects to the hearing, the unseen motion for injunction and any order on motion for temporary injunction. Defendant knows Defendant has never defamed Plaintiff. Every item Defendant did post is 100% the truth backed up by government documents, photos, videos, witness statements and physical evidence. Defendant requests a continuation of the hearing so Defendant can read the motion and investigate the exhibits. If the hearing is not continued and Defendant is not allowed to appear by phone, Defendant requests that Defendant can appear by this brief.

ARGUMENT

Defendant objects to any court order as to items which do not show ALL of the elements of defamation against Defendant. Plaintiff must prove with independent third party evidence that Defendant wrote, posted the items on sites controlled by Defendant. Defendant objects to the removal of the 2011 USDA email written by Dr Laurie Gage in Colorado stating Plaintiff Lollar caused bats “pain, suffering and death,” “violated the Animal Welfare Act.” Plaintiff must prove the items are false and defamatory. Defendant objects to the removal of deposition transcript in which Plaintiff Lollar admits she is uneducated. Plaintiff must prove the items are about Plaintiff Lollar and no other. Bat World Sanctuary is not a Plaintiff in this case. Items about Bat World Sanctuary, other members of Bat World Sanctuary, items about Plaintiff’s attorney Randy Turner can’t be included in an injunction.

Defendant objects to any order which does not specifically identify the alleged defamatory items by specific words and links. The order cannot be to remove all of Defendant’s blogs, websites and pages. That would cause great damage to Defendant. Plaintiff Amanda Lollar is not mentioned in any blog or Facebook page written or controlled by Defendant. Defendant has not updated the litigation webpage since April 2013. The items removed by the court order were never replaced. The entire directory is still excluded by Google search engine.

Defendant objects to any item not first written or posted within the one year statute of limitations for defamation in Texas or which are identical to items which are not within the statute of limitations. That would be items written, posted within one year of the April 2015 filing of this case i.e. April 2014. Items written or posted before April 2014 cannot be included in any injunction as they can never be defamation due to statute of limitations. Most of the government complaints Defendant posted about Plaintiff are over 15-20 years old.

Defendant objects to any court order demanding the removal of privileged photos or videos taken with oral and written consent by Plaintiff. This includes the video of Plaintiff trying to perform an episiotomy on a bat and holding a rabid bat in Plaintiff’s bare hand. In trial Plaintiff stated that no video or photos were defamatory.

Defendant objects to any order which would include the removal of legal filings, documents, items from the filings in this case. They are protected by litigation privilege and can never be defamation. The legal filings are also footnoted in Defendant’s appeals and motions. Links in Defendant’s legal filings are included as part of litigation privilege as they are included in the legal filings.

Defendant objects to any order which would include the removal of Defendant’s fair and privileged reports to authorities or items from those reports. Privileged reports to authorities can never be defamation. Plaintiff’s attorney Randy Turner admitted this in trial.

Defendant objects to any order with prior restraint as it is unconstitutional. The Second Court of Appeals stated that prior restraint in the court order was unconstitutional. Plaintiff’s attorney Randy Turner admitted that prior restraint was unconstitutional and could not be included in the order during closing arguments of the trial. Randy Turner still included prior restraint in the court order he wrote and sent to the Judge.

Defendant objects to any court order against third parties. Defendant Cummins is the only Defendant in this case. There are no John Does or other Defendants. The court order cannot be against Google, Blogger, Facebook, YouTube, Twitter or anyone other than Defendant.

Defendant demands that Plaintiff must show actual independent third party proof that Plaintiff will be damaged if the items are not removed.

Defendant demands that a $100,000 bond be posted to cover damages caused by removal of items in any court order. A bond is mandatory in temporary injunctions.

PRAYER

Defendant asks the court to deny the injunction hearing and deny the injunction. In the alternative Defendant requests to receive the motion for temporary injunction and all evidence to be presented at the hearing at least 21 days before the hearing as per Texas Rules of Civil Procedure. If Defendant is not allowed to view the documents before the hearing, Defendant requests a 28 day continuance. If a continuance is not given, Defendant requests to appear telephonically and by brief. In the alternative Defendant requests to appear by this brief.

Respectfully submitted,

Mary Cummins, Defendant Pro se

645 W 9th St, #110-140

Los Angeles, CA 90015-1640

Phone 310-877-4770

Email: mmmaryinla@aol.com

Date June 11, 2016

By: ________________________________

Mary Cummins, Defendant Pro Se

CERTIFICATE OF CONFERENCE

May 18, 2016 I filed a notice via eFileTexas.gov served on Randy Turner stating I object to the hearing on motion for temporary injunction as it was never filed. I received no reply or opposition.

CERTIFICATE OF SERVICE

I, Mary Cummins, hereby certify that a TRUE COPY of the above DEFENDANT’S UNOPPOSED OBJECTION TO HEARING ON MOTION FOR TEMPORARY INJUNCTION WHICH WAS NEVER FILED OR SERVED

was served on the Plaintiffs’ Attorney of record by efiletexas.gov at

Randy Turner

Law Offices of Randall E. Turner, PLLC
4255 Bryant Irvin Rd. Suite 210
Fort Worth, TX 76109
Tel.: 817-420-9690
Fax: 817-887-5717

randy@randyturner.com

this 11^th day of June 2016

________________________________

Mary Cummins, Defendant Pro se

645 W 9th St, #110-140

Los Angeles, CA 90015-1640

Phone 310-877-4770

Email: mmmaryinla@aol.com

DECLARATION OF DEFENDANT MARY CUMMINS

I, MARY CUMMINS, declare as follows:

I am Mary Cummins Plaintiff in pro per. I make this declaration on my personal knowledge of the facts set forth herein.

This reply was written by me, Mary Cummins, a pro se who is not an attorney.

Every statement in the motion is the absolute truth to the best of my knowledge and can be verified with physical exhibits and evidence.

1. Attached to DEFENDANT’S OBJECTION TO INJUNCTION as Exhibits are true and correct copies of originals.

2. Every footnote in this brief links to the actual document listed in the brief. The linked files are included in this reply.

3. I suffered an injury at BWS in Texas. I herniated, ruptured a disc in my back. I cannot travel, sit or stand for more than a very few minutes at a time. I am awaiting surgery.

4. I am indigent, do not have a job, don’t own a home or car, have no assets, no bank accounts or income. I will have to proceed as indigent in this case.

5. I receive state aid for free medical insurance Medi-Cal.

6. I didn’t have money to get this notarized. I can’t get to a notary even if I had money.

I, declare under penalty of perjury under the laws of the State of California and Texas that the foregoing is true and correct.

Executed on June 11, 2016 at Los Angeles, California.

By: MARY CUMMINS

[1] Amanda Lollar, Bat World Sanctuary vs Mary Cummins – Appeal Second Court of Appeals http://www.search.txcourts.gov/Case.aspx?cn=02-12-00285-CV&coa=coa02

[2] How Texas Lawyers Game the Legal System http://web.archive.org/web/20110110030653/http://www.legalreform-now.org/menu2_4.htm

[3] ACLU tells Randy Turner they will not remove the items. https://www.aclunc.org/sites/default/files/asset_upload_file985_9987.pdf

[4] Mary Cummins appeals case prweb http://www.prweb.com/releases/2012/6/prweb9611186.htm

Mary Cummins vs Amanda Lollar, Mary Cummins, Amanda Lollar, Bat World, Bat World Sanctuary, Randy Turner, Randall Turner, Randall E Turner, Randall Eugene Turner, attorney, lawyer, fort worth, texas, tarrant county, second court of appeals, 352-248169-10, 352nd District Court, Judge Bonnie Sudderth, Justice Bonnie Sudderth, Judge William Brigham, Justice William Brigham, 2015-002259-2, 2015-002259-3, 02-12-00285-CV, 02-16-00165-CV, county court 3, Judge Mike Hrabal, Mike Hrabal, Judge Jennifer Rymell, Jennifer Rymell, defamation, libel, slander, breach of contract, forgery, fraud, perjury, disbar, unethical, unprofessional, inappropriate

Mary Cummins

Summary of Case 352-248169-10

Summary of Case Mary Cummins v Amanda Lollar, Bat World Sanctuary

I reported Amanda Lollar of Bat World Sanctuary to authorities for animal abuse, animal cruelty, animal neglect, violations of the Animal Welfare Act, Texas Health Dept, Texas Parks & Wildlife and USDA. They were investigated. Violations were found. Authorities agreed with me. They lost their USDA permit and were severely reprimanded by the other agencies.

In retaliation I was sued for defamation and breach of contract. Every word I have ever said about Amanda Lollar and Bat World Sanctuary is 100% the truth backed up by physical evidence, i.e. photos, videos, government documents.

Moments before a hearing Plaintiffs' attorney Randy Turner came up behind me in court and said to me "I've known this Judge for many years. He'll sign anything I put in front of him." I didn't even know there was a substitute Judge. The Judge signed every order Turner ever wrote. The first order he signed in front of me. Judge Brigham looked at me, did not look at the order, flipped to the last page and signed it.

Without notice Court had 86 year old retired Judge William Brigham oversee the case. Even though Plaintiffs never proved the elements of defamation, breach of contract, malice, admitted they had no proof of any damages or causation, I lost the case to the tune of $6,176,000. I never even was told which items they thought were defamatory until two months after the trial in the form of the court order. That's how corrupt this case is.

Immediately after the trial Randy Turner, his wife Patti Gearhart-Turner took to the Internet to say how happy they were. They congratulated each other over their win against me. Who brags about lying, cheating and being corrupt publicly?

The court order contained 47 phrases and a video which I had to remove and never repost. The order was unconstitutional as it contained prior restraint. Nevertheless I obeyed the court order and appealed.

Lollar and her attorney Turner used that order to remove any article on the entire Internet that mentioned them that they did not like even articles from years earlier written by others. They used that order to remove a press release about my appeal in prweb. They used it to remove copies of my appeal or articles about my case made by others. They used it to remove all of my blogs if they included the word "bat" and didn't even use their name.

In my appeal I proved beyond a shadow of a doubt that the 47 phrases were not defamatory. I didn't even write most of them. Plaintiff wrote them! Most of the phrases came from Lollar's manual. Other phrases came from government reports I received in a 1,000 page Freedom of Information Act request. I received 20 years worth of complaints against Lollar made by government agencies, members of the public and others.

The video was a video which I took of Lollar who has not gone past the 8th grade trying to perform an episiotomy on a bat who died along with her baby. Lollar told me to take the video. I had oral and written permission. Lollar claimed my video was defamatory and trial court agreed.

In Appellees' reply brief they didn't even mention the 47 phrases or video. They just said they felt they were defamed.

Appeals Court released their opinion. Justice Lee Ann Dauphinot stated that defamation does not have to be proven with private individuals. We were all private individuals and not media, public figures. The issues were not of public concern. Defamation is assume. Dauphinot also stated that I defamed with malice. In order to prove malice one must first prove defamation. Not letting the law, case precedent or common decency get in the way the defamation claim stood. I still owe $6,000,000. The breach of contract, liquidated damages and attorney fees were reversed. I owe $176,000 less.

Even after the Appeals court ruled the order unconstitutional Turner and Lollar continued to use it to remove my blogs, articles, websites from the Internet. They had over 800 articles deleted which caused huge financial damages to our non-profit. The only ones who didn't remove their articles were Eugene Volkhart UCLA freedom of speech law professor and Indymedia who is represented by ACLU-NC.

Randy Turner and his wife Patti Gearhart-Turner have been personal friends with all those Judges and Justices for over 35 years. Turner bragged to me that he controlled the Judges in Fort Worth, Texas and he was right.

These same Judges on my panel were on another case of Randy Turner's that had to do with the sentimental value of a dog i.e. Medlens v Carla Strickland. As per the Supreme Court the case should have been dismissed in the District Court but Turner's Judge friends made sure it was not dismissed. It was appealed and Turner et al made sure it was affirmed.

Fortunately attorney John Cayce who used to be the Chief Justice of the Second Court of Appeals petitioned to the Supreme Court of Texas. The Supreme Court of Texas in unanimous decision reversed the Appeals Court opinion. The Supreme Court opined that law and case precedent clearly states animals are property. One cannot receive sentimental value for loss of an animal if one cannot receive sentimental value for loss of a sister or friend. One would need to petition for new legislation to change the laws in order to award sentimental dollar damages for loss of an animal.

During all this time Amanda Lollar of Bat World Sanctuary and a few of her crazy friends such as her attorney Randy Turner have been attacking, defaming, harassing me, my family, friends, colleagues.... They have filed completely false reports to authorities about me. As I obey every law the authorities have done nothing. They don't even read her false reports anymore.

A last note. I believe Randy Turner has early dementia or some other brain disorder. He accidentally calls me "Ms Turner" and "Ms Lollar." He filed a motion to strike HIS OWN expert witness. Even after I told him it was his witness he still set the hearing. In depo he looked at me confused and said "didn't you give me the defamatory statements?" I said "of course not. I'm the defendant." He also leers at me inappropriately and intentionally bumped his entire body against mine in the court hallway just to be a jerk. He also stupidly admitted to committing motion abuse in writing then threatened to do it again if I didn't sign an impossible court order against myself. On top of this he has an ihatemary page in his business website devoted to me. In that page he talks about the size of my breasts when I was 11 and other extremely inappropriate things. 95% of his page is defamation against me. He's a lawyer and knows those cases he cited are not mine.

Fighting for Justice,

Mary Cummins

Summary of Case 2015-002259-3

Amanda Lollar and Bat World Sanctuary sued me September 2010 for defamation and breach of contract, see above summary. Even though they did not show the elements of defamation or breach of contract, damages, causation, malice...I lost.

I appealed that to the Second Court of Appeals. All claims were reversed except defamation. The Court stated that "defamation is assumed." It does not have to be proven. That's like saying murder, robbery, rape is assumed. It doesn't have to be proven. The also ruled that Plaintiff did not have to tell me what they thought was defamatory. The items in the court order were supposedly just items to be removed. They were not the defamation. That means I never was told what they thought was defamatory.

Even though the trial court order stating I had to take down certain items and never repost them had been reversed, I did NOT post the items again.

Few days after the April 2015 opinion was released Amanda Lollar and her attorney Randy Turner filed an identical copy/paste lawsuit in County Court 2 with Judge Jennifer Rymell friend of Randy Turner and his wife Patti Gearhart-Turner. The lawsuit claimed I reposted all of the items. That is false. The lawsuit included the claims which were reversed namely the breach of contract, liquidated damages and attorney's fees.

They included the fake, forged breach of contract claim because the contract has a forum clause of Tarrant County, Texas. Plaintiff stated repeatedly that I allegedly defamed them only while in California, not Texas. Therefore proper jurisdiction is California or Texas Federal Court. Randy Turner doesn't control those judges but he does control Tarrant County judges along with his wife.

I filed a Motion to Dismiss per Texas Defamation Mitigation Act, Citizen Participation Act, Statute of Limitations, Lack of Jurisdiction, Failure to State a Claim, Forgery, Fraud and Perjury.

Per the Texas Defamation Mitigation Act they must first send me a cease and desist including the specific alleged defamation before they file a lawsuit. Texas is bogged down by tons of these good ole boy STFU lawsuits to quiet people just like me. Lollar did not do this. They just filed the lawsuit instantly.

Per the Defamation Mitigation Act if the defendant asks for proof that the items are defamatory, the Plaintiff must send proof. Lollar sent no proof that I defamed her. Instead her attorney Randy Turner argued that the Appeals Court ruled that everything I ever said was defamatory. The appeals court never stated what was defamatory neither did the Plaintiff. It was not in the signed, filed court order. The words "defamation" and "defamatory" are not in the court order. The only thing that matters in a court is the final signed and filed court order. The final order was only a take down order and it was unconstitutional. Randy Turner is a personal injury lawyer not a freedom of speech lawyer. Still, with the help of his corrupt judge friends and other court parties he could spit on a piece of paper, file it and win by default as a Plaintiff. It took the appeals court 18 months and a change of three judges to write their rationalization of "justice?"

This is the wildest part of this current case. I never defamed Amanda Lollar or Bat World Sanctuary. They tried to claim I wrote certain articles on Indymedia, blogs, other websites... Those articles were written by known others, unknown others, robots and even Amanda Lollar herself.

In the trial court I was only told to take down items which I allegedly posted in sites I allegedly controlled, Exhibit 17. Items posted by others Exhibit 18 and my fair and privileged reports to authorities Exhibit 19 were not in the final order. Nothing in any of exhibits 17, 18 or 19 was defamatory.

In the current case they could only sue me for items I wrote, posted within the one year of statute of limitations for defamation in Texas. That would be items within a year of their April 2015 file date. I didn't defame them so they had no evidence. What did they do? They forged the evidence! Namely Amanda Lollar made defamatory statements about herself and signed my name to them in public websites with anonymous users.

It's even more bizarre. Lollar defamed herself, added my name to the comment, used a date within the one year statute of limitations but she didn't publish the comment. She instead used the top of the real article and posted the fake comment on it, printed it out and used it as an exhibit. The comment is not on the public article. No one made a comment on that day or even that year. The articles were from 2011. Why would anyone still be commenting on it four years later? Almost every single exhibit was forged!

After Lollar forged the exhibits she signed a sworn affidavit stating they are true copies of the exhibits online. I easily proved they were forged. The articles are still online for easy viewing.

It gets even more bizarre. Dr Laurie Gage of USDA wrote an email stating she viewed the video of Lollar trying to do an episiotomy in 2011. Dr Lauie Gage stated Lollar caused "bats pain, suffering and death," and "violated the Animal Welfare Act." Lollar lost her permit after Dr Gage wrote that email. Lollar of course in trial stated she was investigated and no violations were found in June 2012. She was already found guilty and lost her permit. Perjury and fraud.

How does Lollar deal with the 2011 email stating she was guilty of animal cruelty? She forged the head of the USDA Dr Robert Gibbens email. In the forged email Dr Gibbens allegedly clears Lollar of all wrong doing and trashes me. I've communicated with Dr Gibbens for years. He was always polite and honest. I knew he didn't write that email so I did a Freedom of Information Act request to get a copy. I actually did three. The email does not exist. I then did a search and realized that Lollar forged three separate versions of the emails with different subject, text, dates...!

Randy Turner then uses that forged email to state that I caused Dr Gage to write a defamatory email by lying to her. I've never communicated with Dr Gage ever. Turner stated Dr Laurie Gage's 2011 email written in Colorado is MY defamation. That's the basis of the current case! The entire current lawsuit is forgery, fraud, perjury and just plain bizarre. They knew her email was the truth. If it were defamatory, they should have sued USDA, Dr Gage in Colorado within a year of the 2011 email. That would have been before my trial in June 2012. This is how corrupt the Texas judicial system is! In fact it's so corrupt that Turner, his client and now three judges brag about how corrupt they are.

Anyway I filed two motions to recuse Judge Jennifer Rymell due to bias. Rymell refused to recuse herself. The Motion was heard February 16, 2016 by Judge Jennifer Rymell. Rymell stated she would rule and sign an order before the end of the week. Instead after finally reading my motion and seeing the evidence Judge Jennifer Rymell recused herself. Take a look at the article on Texas lawyers and judges gaming the system in the links. Many Texas journalists wrote about this same gaming of the system. It appears Rymell was not willing to destroy her reputation by falsely ruling in favor of her friend so she decided not to rule at all. That's gaming the system. Judge and lawyers both do it. Rymell should have ruled in my favor and reported her friend Turner but she didn't. She passed the buck to Judge Mike Hrabal.

The case was reassigned to Judge Mike Hrabal in County Court 3. The motion was heard May 17, 2016. I argued my side. Randy Turner stated they had nothing to add that's not in his reply. Randy Turner said their proof of defamation is the (perjured) affidavit of Amanda Lollar. Lollar merely stated that I defamed her. Then she stated the exhibits were true copies of the originals online which they were not.

Judge Mike Hrabal instantly gave an oral order. He said "I believe there is enough evidence to support Plaintiff's claim. Motion is denied." That was it. Judge Mike Hrabal did not sign an order on the motion or my indigence. I filed an appeal as indigent to the Second Court of Appeals. That is the status of this case as of May 22, 2016.

In the meantime Randy Turner is filing motions for contempt, sanctions because I told him I can't physically go to Texas due to my indigence and back injury. I'm awaiting back surgery and am now legally, permanently disabled. The kicker is I injured my back while in the old wild Bat World Sanctuary! Randy Turner has been telling me he will throw me in jail for five years now. I believe there is something very wrong with Randy Turner. There is something even more wrong with the Texas Judicial system when corruption, fraud, forgery and perjury is rewarded in this manner.

*Mary Cummins Disclaimer

This blog contains a copy of the public legal documents filed in this lawsuit. It will also include the hearing minutes and record. The purpose is to show people what is happening in this lawsuit.

The items in this blog are of public interest and concern. The images, quoted text and video snippets are used under the Fair Use of Copyright act for non-profit comment and education. Everything in this blog is the truth to the best of my knowledge. If you see a mistake, please, contact me with proof so I can edit or delete it.

I generally post links to back up all of the statements I make so you can review the documents and come to your own conclusion. Everything else in the blog is my personal opinion and belief. Nothing in this blog is confidential. Everything is public information. The purpose of this blog is to share this public information about public people for the good of the public.

If you don't like the honest items I've posted here and want to sue me, I will file an anti-SlAPP motion and you will owe legal fees. I have been sued twice before for defamation. I represented myself both times and won. The first was Ashton Technology, Fredric Rittereiser vs Mary Cummins. The second was Kathy Knight-McConnell vs Mary Cummins. A third case which this blog is about is currently in Appeal.