separate Jurisdictional Statement is for this Court to consider, as shown and stated
to the US District Court, the painstaking amount of time it takes and has taken to
continually unravel the "lie within a lie of a lie" or "fraud within a fraud of a
fraud" that this case has been from the outset as pleaded by the Appellant in the
original Answer ( Docket No. 35 Filed: 09/22/13 ) and multiple other filings
including a Motion for Injunctive Relief under the All Writs Act filed Feb. 24,
2016 ( Case: 1: 13-cv-03643 Document#: 214 Filed: 02/24/16 ) and of course
Docket No. 271 above and other filings.
25. I respectfully request this Court to carefully examine Appellant's Motion for
Injunction under the All Writs Act filed by Appellant Feb. 24, 2016 as it is not
only relevant to this Court's Jurisdiction to hear this Appeal having moved for
Injunctive relief at the District Court, but further provides a roadmap to the
Documented "Missing Millions" Unaccounted for in these cases, "Missing
Originals" and documents and Discovery in general, "Missing Witnesses",
pervasive frauds herein and "sharp practices" by the parties against
Appellant including the pervasive "conflicts of interest" which have been
"controlling the withholding of Discovery" and "Discovery used as a Weapon"
throughout these related proceedings.
26. This Court is respectfully referred to Exhibit 10 of Plaintiffs' Summary Judgment
motion ( 1 of 2 "Probate Orders submitted by Plaintiffs) which is a "Final
Judgment" on "validity" of Testamentary instruments from Judge Phillips in
Florida issued Dec. 16, 2015 while the parties were awaiting the first Summary
Judgment determination from the US District Court ( Summary Judgment filings
"No 1 from summer of2015 ).
27. Paragraph 2 of that Final Judgment provides: "Based upon the evidence presented
during the trial, the Court finds that the Testainentary Docmnents, as offered in
evidence by Plaintiff, are genuine and authentic, and are valid and enforceable
according to their terms." See, Adam Simon and Plaintiffs "Round 2" Smnmary
Judgment filing Exhibit 10, Case: 1: 13-cv-03643 Document #: 240-11 Filed:
05/21/16 Page 3 of 6 PageID #:4193.
28. Instead of the Plaintiffs actually attaching the Will of Simon Bernstein so the
US District Court could see the "terms" of the Will of Simon Bernstein, Plaintiffs
attorney Adam Simon simply made False Statements of Fact in the Statement of
Facts submitted on Summary Judgment "Round 2" and in the Memorandum
supporting the motion quoting from Attorney at Law Adam Simon presently
licensed as follows:
"The Probate Orders entered after trial include findings that (i) Eliot is not
beneficiary of the Estate of Simon Bernstein; (ii) appoint a guardian ad litem
for Eliot's children; and (iii) Eliot has no standing in the Probate Actions on
behalf of himself, the Estate or his children." See, Case: 1: 13-cv-03643
Docmnent #: 241 Filed: 05/21/16 Page 11 of 17 PageID #:4263
29. Further from Adam Simon, "The Probate Orders bar Eliot from the Probate
Actions to represent his own interests," See, Case: 1: 13-cv-03643 Document #:
241 Filed: 05/21/16 Page 11 of 17 PageID #:4263
ATTORNEY ADAM SIMON ACTING FOR TED BERNSTEIN
CONTINUING FALSE AND FRAUDULENT STATEMENTS NOW USED
BY THE US DISTRICT COURT IN THE ORDER ON APPEAL WHICH
BEGAN WITH TED BERNSTEIN'S COUNSEL ALAN B. ROSE MAKING
FALSE AFFIRMATIVE STATEMENTS OF FACT AND FRAUD UPON
THE COURT IN FLORIDA:
30. This "fraud" that Appellant was not a "beneficiary" in the Simon Bernstein Estate case that Ted Bernstein's attorney Adam Simon has used before the US District
Court below began with Ted Bernstein's attorney Alan Rose falsely claiming this to then "new" Judge Phillips in Florida in an after hours filing on the eve of a Status Conference in the Simon Bernstein Estate case. See Ted Bernstein and Attorney Alan Rose Status Conference filing in Florida as follows:
Ted and Rose in Filing # 32030300 E-Filed 09/14/2015 05: 18:25 PM
"TRUSTEE'S OMNIBUS STATUS REPORT AND REQUEST FOR CASE
"Introduction - The overarching issue in these cases is Eliot Bernstein. He is
not named as a beneficiary of anything: yet he alone has derailed these
proceedings for more than two years and has harassed and attacked the prior
judges, fiduciaries and their counsel." ( See, full document to be uploaded upon
Permission to file Electronically or supplement this filing )
31. As shown in my All Writs filing, this lead to Appellant being denied fundamental
rights to be heard and due process even in the "Scheduling" of the alleged "one
day" "Validity Trial'' that has then been used before this Court to wrongly dismiss
all my claims and remove me from the action which had been scheduled in the
Shirley Bernstein Trust case which was not even "Noticed for Status Conference"
and thus in direct violation of Florida Procedural Laws. See, All Writs Motion
32. On or about Jan. 4, 2016 just a few weeks after this "Validity Trial", Ted
Bernstein's attorney made the following False and clearly Fraudulent Affirmative
Statement of Fact in a Motion to the Florida Court to remove my "standing" in the
cases as follows:
"As a result of upholding these documents, the Court has determined that
Eliot Bernstein, individually, is not a beneficiary of either Simon's or Shirley's
Trusts or Estates. Instead, his three sons are among the beneficiaries of both
Simon's and Shirley's Trusts, in amounts to be determined by further proceedings.
Eliot lacks standing to continue his individual involvement in this case."
See, Jan. 4, 2016 Motion by Ted Bernstein-Alan Rose to be submitted Electronically
upon permission or to be supplemented.
33. This statement, however, by this attorney at law Alan Rose, was clearly False and
Fraudulent as Judge Phillips had Never done the Acts being claimed as already
occurring and none of these alleged acts or findings are in existence in the "Final
Judgment" ( See, Adam Simon and Plaintiffs "Round 2" Summary Judgment filing
Exhibit IO Probate Order, Case: 1: 13-cv-03643 Document#: 240-11 Filed:
05/21/16 Page 3 of 6 PageID #:4193. ) and the Transcript of the Validity Trial.
Instead, this is simply a FALSE and Fraud Upon the Court scheme and narrative
that continued for over a year in the Florida Courts and as alleged in the
Appellant's All Writs Motion for Injunctive relief is part of the wrongful scheme to
gain "collateral estoppel" advantage in these proceedings.
Source and Full Document