Robert Klein v. Brookhaven Health Care Facility, et al.
Arbitration ERISA SocialSecurity DueProcess
Whether the Seventh Amendment guarantees a pro se litigant's right to a jury trial in civil cases under federal law despite lower court rulings
(Rule 14) 1. Whether the guarantee that the Constitution of the United States under the Seventh Amendment still entitles a U.S. citizen his Right to a jury trial considering plaintiff requested/demanded a jury trial at the filing of the complaint stage, throughout numerous filings in both the District Court and the CO A ? Petitioner has been deprived his Right to a trial by jury. “ The Seventh Amendment preserves the right ofa jury for civil cases in federal court 0. 2. Whether 29 U.S.C. 626(c)(2) still provides that in a civil action, “a person shall be entitled to a trial by jury .as a result ofa violation of this chapter, regardless of whether equitable relief is sought by anyparty in such action° ? Lorillard v. Pons, 434 U.S. 575 (1978). Petitioner has been deprived his Right to a trial by jury. 3. Does the slogan “EQUAL JUSTICE UNDER LAW ” apply to pro se litigants wishing to seek justice although law is complicated, mostly beyond reach, beyond comprehension, not easy to navigate, confusing at best, especially for only an ordinary underprivileged citizen with only a high school diploma and without any legal training? 4. Whether the Constitution Due Process Clause under the Fourteenth Amendment has been revised to NOT allow a pro se litigant to have that protection? 5. Whether the Federal Rules of Civil Procedure (FRCP) only apply when the PETITIONER'S PETITION FOR WRIT OF CERTIORARIPage 2 of 43 3 Courts deem them to apply and not to a pro se plaintiff? 6. Whether the United States Codes and Codes of Federal Regulations and Other regulations have been abolished in the fair process in civil cases and no longer hold water? 7. Whether Supreme Court still holds true and is to be followed by the lower Courts but are in non-compliance, in conflict, and in total disobedience and disregard of This Courts wisdom through their decisions? Whether “whistleblower ” protection still has a place in society within nursing 8. homes when the elderly residents are abused, neglected, put in substantial specific dangers to include life threatening dangers and Medicare fraud and discrimination is abound? (NYLL 740) Does not a Vietnam Veteran have the protection under VEVRAA (41 CFR 9. Part 60-300) ? 10. Whether the ADEA 29 U.S.C. 621-634 process followed is now neglected in the filing of Complaints on neglect, abuse, fraud, discrimination and life threatening dangers to the public including nursing home elderly residents and military veterans? 11. Why material facts and matters of law that were presented by plaintiff have taken a back seat to questions in dispute that are required to be presented to a jury and Supreme Court and circuit courts decisions and opinions are no longer followed and abided by? (The Courts preach their wisdom but don ’t adhere to them and they PETITIONER'S PETITION FOR WRIT OF CERTIORARIPage 3 of 43 4 have gone for naught!! 12. Whether documents that were requested from defendant during Discovery, Ordered to be produced and some were considered a Motion to Compel by the Court do not have to be produced and Orders do not have to be satisfied and only excuses and refusals were given by defendants? PETITIONER'S PETITION FOR WRIT OF CERTIORARIPage 4 of 43