Rifat Shafique v. Equity Residential Management, L.L.C.
DueProcess FourthAmendment Privacy JusticiabilityDoctri
Whether an initial order declaring default against party who does not consent to remote hearings constitute violation of a person's natural rights, Article 1, Section 9, Article 4 Section 4, and Amendment 1 of the Constitution for the United States
QUESTIONS PRESENTED Questions presented are: 1 Whether an initial order declaring default against party who does not consent to remote hearings constitute violation of a person’s natural rights, Article 1, Section 9, Article 4 Section 4, and Amendment 1 of the Constitution for the United States. 2 Whether compelling proceedings under magistrates in the District of Columbia Courts without a party’s consent constitute violation of the 3", 5", and 14°" Amendments of the Constitution. 3 Whether a state court’s refusal to acknowledge removal of a civil action to the federal courts, violates the 14" Amendment. 4 Whether the forcing of a proceeding in a branch of a court that has no judge, but only magistrates, with no occasion for review, or discovery, violates the 3", 7" and 14" Amendment 5 Whether the allowance of a proceeding without establishing personal or subject matter jurisdiction violates the 1°, 3°¢, 5", 7%, 9", and 14 Amendments. 6 Whether the taking and handing of a person’s personal property, and erasing of her rights, under allegation of a debt, violates the Takings Clause of the 5", and 8 Amendment. 7 Whether the forfeiture of property worth far more than needed to satisfy a debt plus interests, penalties, and costs is a fine within the meaning of the 8 Amendment. --2- Equity Residential identifying as “Equity Residential Management, LLC T/A 1500 ; Mass Apartments, agent for the Owner”, filed suit in the Superior Court of the ; District of Columbia, Civil Division, Landlord and Tenant Branch for Failure to Pay Rent. Upon Equity Residential filing suit, the court issued an order for Rifat Shafique to divulge her telephone number, and submit to remote hearings (using WebEx) are subjected to default being rendered against them. Rifat Shafique did not agree to this, and timely submitted a notice in response to the summons. In said notice, Shafique asserted all her rights, and indicated no rights waived. However, the court suppressed Shafique’s first response to the suit, and allowed a case to proceed under a magistrate, even though Shafique never consented to this. Even though Shafique removed the case to the United States District Court for the District of Columbia, the Landlord and Tenant Branch allowed the case to proceed by entering a default, then a judgment. Eventually, after a transfer through several magistrates, all without consent, and before the District of Columbia Circuit disposed of the removal action on appeal, the Landlord and Tenant Branch, under a magistrate, entered an “oral order” for “restitution”, docketed at least one writ from that order, and allowed eviction to proceed. There were no indications of signature from any judge on the writs. This was done on February 17, 2023. On March 7, 2023, having filed a separate action for wrongful eviction (Supt. Cr. D.C. --3- Case No. 23 CAB 1282), Shafique filed a lis pendens notice with the District of Columbia Recorder of Deeds regarding the matter, and notified the Landlord and Tenant Branch to that effect. Shafique also filed an application with the Landlord and Tenant Branch for the matter to be reviewed by an associate judge, for stay of eviction. Hearing was set for March 8, 2023. On March 8, 2023, the same magistrate who issued the oral order, shielded his face with a mask, and had no signs in the courtroom identifying him as such, but conducted the hearing regarding stay of eviction. Rifat Shafique was ejected that very day while in court contesting the jurisdiction of the Landlord and Tenant Branch, the standing of the magistrates to engage the matter, the standing of the local courts to engage, the standing of Equity Residential to file suit, and the standing of Equity Residential to act as “agent for the owner” and the identity of Equity Residential Management, LLC, and, 1500 Mass Apartment T/A EQR 1500 LLC. Shafique filed appeal on March 14, 2023, however the District of Columbia Court of Appeals denied her motion as being “moot”, asserting that a