June 10, 2016

Nichole Gassner
Case Management Supervisor
United States District Court
District of New Mexico
Office of the Clerk
333 Lomas Boulevard NW – Suite 270
Albuquerque, NM 87102

THIS IS A PUBLIC RECORD

Ms. Gassner:

Reference is made to case No. 1:16-cv-00252-KG-KBM.

Review:

  1. In a violation of federal rules, the FTA submitted court documents on a DVD, rather than through the required paper, or “electronic transmission filing.”
  2. This violation was identified by me on June 2, 2016, the day after the filing violation.
  3. On that date, I requested, in person, that the Office of the Clerk immediately move to correct the situation by notifying the FTA of the violation.
  4. Instead of notifying the FTA, and by so doing, giving the FTA an opportunity to immediately correct the situation, the Office of the Clerk sought justification for withholding free access to the public record.
  5. The Administrative Office of the United States Courts subsequently made error in representing that the improper submission of court documents on a DVD should be handled as if a DVD were an “audio recording of a court proceeding.”
  6. You have further glossed the issue by deferring the issue to “a PACER account,” knowing full well that the DVD material is not accessible on the PACER system, nor could it be made accessible in a relevant and timely manner.
  7. The impact of this ongoing situation is that the FTA court documents still have not been lawfully filed, to the considerable detriment of any, and all, timely potential “Friend of the Court” filings.
  8. I make note that the DVD content, according to the paper index document filed, apparently represents more than 2,700 pages of information, a quantity of documents that requires considerable time to review, process, and potentially respond to.
  9. There is no longer time to allow a proper review of the 2,700 pages to reasonably happen.

In consequence of the above situation, I believe that the only reasonable resolution of this issue is that the entire wrongfully submitted FTA court documents be stricken from the record.

If you have any further questions regarding this important matter please feel free to contact me by email at any time.

Sincerely,
Donald Clayton

CC / parties in interest.