This is the original dream of that lead me have dreams of Robin Hood, and taking on the corrupt banking industry/government in the names of "John Jacob Jingleheimer Schmidt" and "Robin Hood"
I find myself in an old town like setting, everything kind of thrown together, dirt roads and soon in a warehouse size room full of a couple hundred people looking for daily work peasants looking and I reach in my pocket and I pull out a hand full of colorful jelly beans and this is all I have, thinking that normal like these jelly beans I can sell to people door to door and they would buy them up like candy for a buck each, and I'll I would have to do is make a buck a day to earn a living...
So there is these guy who are changing the way this Jelly bean factor works and they have these new Jelly beans that are cheaper to make and smaller in size ... they want everyone to sell.. giving up this speach.. blah blah blah... as I am looking around at all the people and the guy I came with kind of gets lost in the crowd, as I said to this guy it was a good place to work ... and so I trade in my hand full of colorful jelly beans for a bowl full of clear, 1/4 of the size pill looking capsules to sell. At that moment, I stood up and asked, "Are we suppose to sell these for a buck each?" as reality hits me, that this is just candy - no color - and I don't believe in the product and think it is worthless...
As my buddy who I made friends with is saying, don't ... and stick around ... and your not that bad a guy..
as I realize I am old looking now 65ish and trying to live on charity as I sell one little clear jelly bean to them... I feel like a homeless bum at that moment, and say I quit! I'm thinking to myself, I have principals, I don't care what they think of me.. I don't want to sell these jelly beans pill with no color... I am not a charity case! I walked out broke knowing I have to get back over the hill, like I am in a 3rd world country slum.. trying to get home, and the only friend I made I just left behind kind of feeling...
I see the bus that look all old and the driver, like a Mexican Peasant saying to me $400 for a ride over the hill... like that is the normal rate, I tell him I have no money... as i have to walk miles and miles... in a down, depressed, gloomy ... and thinking I am the biggest loser buying into this with my Jelly beans
As I see my friend now as Robin Hood in a 3rd camera view, hiding in the shadows watching me.. winking over to another guy (I don't know) as the scene cuts away and I see his band of merry men shoot shoot an arrow.. the last scene I see is a body in a brown rug being carried to the bus that goes over the hill by Robin Hoods merry men and dumped at the door of the buss... it looks like a dead body ... at first I thought it might of been a deer for food... then Robin Hood unwraps the part where I am looking straight down on my face, it looks like I am sleeping as I feel my spirit float up into the sky... and wake up.
I don't need the dream to be analyzed.. I just need some of Robin Hoods band to hide out and shoot me down or buy one of my colorful jelly beans.
A week later I filed this in ...
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 09-MD-02036-JLK
IN RE: CHECKING ACCOUNT
MDL NO. 2036
THIS DOCUMENT RELATES TO: Objection to Final Approval of Settlement
Tornes, et al. v. Bank of America, NA Summary Judgment
S.D. Fla Case No. 1:08-cv-233323-JLK
Yourke, et al v. Bank of America, N.A. Motion the court to freeze assets
S.D. Fla. Case No. 1:09-cv-21963-JLK and take control of case.
N.D. Cal. Case No. 3:09-2186
John Jacob Jingleheimer Schmidt is a fictitious name used by the author of this document who wants to remain anonymous due to the following facts that need to be objected too and addressed. I am one of the few Pro se plaintiffs who filed a timely objection. Though I might have to file a motion to change this alias to Robin Hood in this action if I have to take this to the Jury.
I file this objection to Class Counsels “Motion for Final Approval of settlement and class counsel’s Application for service awards and Attorneys Fees” and to the Defendant’s “Memorandum in response to objections regarding final approval of class action Settlement.”
Though at the time of my initial objection in which I happen to see a notice, and did not know the details of this suit, I objected on behalf of my class action suit that I had filed and was dismissed as a Pro se plaintiff who at the time could not get by the dismissal a bias Judge as I stated that all banks should be listed in this lawsuit. As it is not just Bank of America that robbed the poor.
OBJECTION - ARGUMENT
Attorneys’ for both the defendant and the class action cite an expert in their documents that there are 13.2 million plaintiffs. (Dkt. #1471, Ex.A, 77, 79.) Both parties - plaintiffs, and the defendants attorneys clearly have informed the public that this settlement is supervised by the Court and everyone is boasting in “Good Faith” under this “website”… that $2,500 be awarded per plaintiff and $5,000 for married couples as this class counsel seek 30% of what is left over for court cost and expenses are paid.
Attorney fees in this amount of 410 million would be 123 million. (give or take) That leaves 287 million. Simple arithmetic would put awards to each plaintiff at $21 dollars and .74 cents. Far below the $2500 that the 13.2 million plaintiffs will be looking for in the mail.
At that cost it would not pay back even one claim in which this bank seized a minimum of $35 for just one of these ill-gotten transaction. Even at “break even point” for just the “plaintiffs” for just one count, that amount should be $35 x 13,200,000 = $462,000,000 But there were a lot more than just one transaction that was charged. As I am one of those “Ill-informed, misplaced” Plaintiffs that the defendant says “Lack Merit” (page 2) and that is a “improper per se and class members that believe all overdraft fees that the banks ill-informed customers about.
(As stated by laws “July 2010, BANA has been required to obtain a customer’s affirmative consent prior to imposing any fee or charge for overdraft … 12C.F.R. 205.17(b)(1) )
These should be paid back to each and every plaintiff who filed a claim in a timely manner to a class action suit… from all banks that did this!
That is up to a reasonable amount that an honest Judge (I’d say $500 as customers have to not do business with these banks) This number is not including “attorney fees” or “court costs” or even my fees. lol
Banks made billions of dollars with this ill-gotten charge of overlimit fees! Bank of America is a leader in the banking industry, a well known name and it has a reputation of charging customers fees that one finds hard to trust such banks, as clearly noted in the public eye when they were the first to announced that they will be charging customers $5 a month to carry there debit card as to make up for this lack of income they lost when the law passed. (what the word is on the street -sorry Judge that where I get my info at times)
At some point (around the time 13.2 was determined) an amount that these attorney should have adjusted the “website” in which should have been adjusted to $22 a plaintiff as to not to mislead the public, as $2,500 x 13,200,000 = $33,000,000,000 Plus attorney fees and the court costs, as the court has to take responsibility and sub out to an administration firm. So I think the settlement fund should of read around 41 billion dollars to be in “good faith” by any honest person interpretations as to a problem. As I kind of find it hard to believe that all these attorneys and under the courts eye that was put out into the “public eye.”
- but they made a “paragraph 88” that limits this settlement agreement and voids this settlement so they all kept it quit so they all could get paid by the bank.
ABSENT THE SETTLEMENT, THERE IS A SIGNIFICANT RISK THAT… WHAT?
Bank of America Attorneys argue (Page 14) this “Arm-chair quarterback” Hmm… I played some college football (University of San Francisco, I was a P.E. Major) but did not get drafted to play in the big kids league… Hey! Pro se me?
Defendants attorneys argue, first that they would make it nearly impossible to have a trial as they file motions and have plaintiffs barred… in which the court would look really bad as 13.2 million people are looking for justice, to see this… Hmm about these merits..
1. Federal law ?Hmm… What law says banks can’t get sued?
2. cannot recover amount Hmm… I guess will have to see
3. Defendants acted in good faith Hmm… Really. This is good faith?
4 express contract Hmm… That would be argued as one sided.
5 not deceptive or unfair Hmm… $22 to 13.2 plaintiffs while you pay bank
Risk to Plaintiffs in Appeal Hmm… You really want to appeal after a jury did what?
Does Bank of America really want to see a jury trial? Hmm…… as the price would go up in legal fees, due to proving facts.. but…
PICTURE THIS SCENARIO GOING PUBLIC
FIRST - I would have to change my alias to Robin Hood and take back from those who stole from the poor (as they had little money in their accounts and defendants robbed them into…)
JUDGE, I call my first witness… ( use your imagination, as I don’t want to tip my hand with W)
W. 1. - Miss Snow White (single mother)… I was poor taking care of 7 little guys and fell asleep and was charged these fees…, I could not pay the rent, I went homeless, left in a glass box to die, my life fell apart and I was down for years because…
W.2. - Little Red Ridding Hood (a 12 year old girl) … I sell girl scout cookies Judge and Jury… and my grandmother got sick, They big bad wolf stole my cookie money and my grandmother died as a result of my business in with these charges took from me…
W. 3. Underdog (a young man) I had a shoe shinning business and had to give it up as the love of my life, Sweet Polly Purebred who was victimized by Simon Bar Sinister (one of the these lawyer it sounds like) posing as a bank teller, always with their law… it’s the bank rules and the law to take these fees as you past zero. ..You don’t collect $200 you get robbed of the $200… as this one turns to the Jury and says in a quick and unexpected motion when I ask him what he does?
I am just scraping people feet to make them shine better, when I got into a hole with the bank and had to pawn my ring to help out my love, and I want to buy it back. I have bad credit now. And people wont let me shine there shoe. Please bring these rich down to the level street level so they can feel our pain… as Bank of America lawyers yell out objection!
I say… Sorry Judges some of these plaintiffs speak out if they have the chance.
W. 4 Humpty Dumpty - I sat on a wall, and had a great fall and all the working horses and all working men, Couldn't put me back together again as I lost…
I would call plaintiff after plaintiff, with all kinds of true stories that read… I had little in the bank … and the bank took, NO STOLE from me what little I had … I could not pay my car payment due too… I could not pay my rent due to… I could not pay my bills… I ask them why they did not get an attorney… I could not afford to pay a crook $300 to get me back $200 from the other crook. – objection
Then I call my one or two of the guys in my band Fryer Tuck or …
W. 5 Little John – I was a lumber Jack, and all I carry is this ax as I live out in the woods, As this big branch of America charged me this fee, and there was no justice, as now I am an outlaw and joined a band against this… Then with a grin, I would turn to the lawyer and say… your witness. (yeah, my best guy who could cut your whole bank down with one swing of his ax)
I then would ask them deep questions like what they did to you personal life? …They took my character! …They took my innocence!… They took my precious child life savings! … THEY GAVE ME BAD CREDIT! … and the John say… I LOST MY FAITH in my fellow man, that is until I joined his band of merry men and believed eternally!
As everyone knows banks and the Government work hand in hand to take from the poor in this time period. As we all pray that 2012 will bring us into the light of justice where even us Hoods could come out of the woods.
I will even get into their personal lives and how they were raised, Q them about values, beliefs, as they would say… I was raised up in Christ, I had very core principles that a bank is supposed to be. A safe haven for your assets where thieves are not suppose to be able to touch.
Attorney- Objection … Your Honor … it goes to “Good Faith” The Jury want to see justice when they hear the truth judge and these lawyers have boasting about “good faith” in settling this lawsuit.
I then paint a picture of Warren Buffett (who I really liked before he did this) who has just bought into the bank at 5 billion dollars and he is the face of the Bank of America and wants to take another $5 a month off of all customers who don’t have much money in the bank, as we all know the news that came out that Bank of America can not get that money from plaintiffs when they hit zero now, as Bank of America is the leader of how to make money the easy way and then I show how “Chase” Bank follows and charges 15 to their customers. (Lawyer - Objection … Judge I say it goes to character in which leading has to be weighed, as an outlaw that has little respect for the rule of law… I have to beat up a couple of my merry men when they get greedy and steal for themselves or their little packs)
Then I would close up my summary Judgment with the facts about this class action lawsuit, and that they had to make a law to stop banks from doing this. How this class action lawsuit was tailor-made by Bank of America, and how only customers who have a current bank account with Bank of America get paid or heard or any credit to be on the list of 13.2 plaintiffs, and how the attorneys are making the bank and the attorneys rich, while the plaintiffs, the people in general are still out of pocket and have been robbed.
I was ask that the Jury as Robin Hood to steal back damage about 100 billion, I was done with the Jury they would say take a trillion dollars and you lawyers would get the sack. Because the public will not like what it see and hears.
As I would try to pay back all those that were abuse. As they would have to state claims under oath, in which truth rules instead of labels that titles bring to mind. I then would have to run and hide from my band of merry brothers and sisters- as I would hang up my Robin Hood suit, and go back to being John Jacob Jingleheimer Schmidt.
By the time I was done with the Jury. I would of painted the picture in which Branch of America is now considered the largest pawn shop in the world and not a bank at all, and they could not wait until they could de-liberate and there would be nothing that the defendants could say, to counter or even make a dent it the truth of my words. As if they spoke a bad word, the jury would snare at them knowing their mind has been made up.
Because Rich people cannot charge poor people for going into the negative, when the bank had control of stopping the line at zero and did not. But let it pass zero so it could charge this fee. Yeah one could get sacked pretty easily by a pro se football player named Robin Hood in this kind of arm-chair game.
Personally as John Jacob Jingleheimer Schmidt I like to play Soccer, that is another football term for playing ball, as I played that in college too. So it looks to me that all parties are “offside” as to understanding about this class action lawsuit in which banks overcharge customers, but I tell you the truth, it is like hitting a tip of an iceberg while on the Titanic as peoples numbers tend to sink fast.
So, I close with a part of the Government has to step in and sue the “financial firms” like they did on Sept. 2, 2011 with the Housing Finance Agency for selling Fannie Mae and Freddie Mac that collapsed the housing market. And that was at 196 billion. As the first case should have been the lead case… but of coarse, I am not sure who filed the first class action lawsuit to try to stop this kind of charge, I just know as Robin Hood the outlaw that I had to fight for the plaintiffs.
MOTION FOR THE COURT TO ACT
Plaintiff John Jacob Jingleheimer Schmidt makes a motion for the court to freeze a minimum of 10 billion dollars of Bank of American. (As that would be the minimum amount at this point in time giving all facts, to save any kind of face value) As there has been enough evidence and testimony submitted in this class actions under oath for the court to freeze assets from Bank of America. As the US Government has the authority to step in as “dollars” is the property of the U.S. government and this bank should not be able to use these ill-gotten gains while the plaintiffs are out in the cold.
The court has a duty to the America people to safe guard this case in which these attorneys are clearly in the eyes of the public are being bough off by this Bank of America around 120 million dollars. While the plaintiffs don’t even get there money back. I ask the court to investigate these attorneys and hold some sort of accountability to the parties. Bank of America should not be in a position to dictate terms as it is and has.
If this court agrees with this settlement awards these crooks the right to steal money with the help of the law, I fear that more than 13.2 million plaintiffs will think… (malpractice, class, action, by plaintiffs’ in Robin Hood suits that will sack the courts / administration and all parties … ) Let’s face it … PEOPLE ARE GOING TO BE TARRED AND FEATHERED …
I do not and will have no part to this crime, but call attention to it for the record, and let it be noted that I was one of the very few who objected in a timely manner from the start in 2003.
October 31, 2011 ________________________________________________
JOHN JACOB JINGLEHEIMER SCHMIDT
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 09-MD-02036-JLK
I John Jacob Jingleheimer Schmidt declare that I mailed a copy of this Objection to Final settlement and Motion the court to freeze assets and take control of case.
To the following people.
Clerk of the Court Checking Account Overdraft Litigation
U.S. District Court for the P.O. Box 2505
Southern District of Florida Faribault, MN 55021-9505
James Lawrence King Federal Justice Building
Michael Sobol David Stellings
Lieff Cabraser Heimann, LLP Lieff Cabraser Heimann, LLP
Embarcadero Center West 250 Hudson Street, 8th Floor
275 Battery Street, 30th Floor New York, NY 10013
San Francisco, CA 94111-3339
Bobby Gilbert Lauence Hutt
Grossman Roth, P.A. Arnold and Porter LLP
2525 Ponce de Leon Boulevard 44th Floor
Suite 1150 777 South Figueroa Street
Miami, FL 33134 Los Angeles, CA 90017-5844
I declare under the penalty of perjury under the laws of the United States of America that the foregoing is true and correct.
Date: Oct. 31, 2011 _______________________________________________