Mawule Tepe v. Whirlpool Corporation, et al.
DueProcess
Whether federal district courts may improperly remove state court cases when attorneys are not admitted to practice in that federal district court and potentially violate due process rights
1. Whether Applicant is not only entitled to a preliminary injunction enjoining the proceeding pending before the U.S. District Court for Eastern District of Tennessee (or EDTN) but also, whether he is entitled to a preliminary injunction enjoining Respondents from unconstitutionally removing any of his cases from Bradley County Civil Circuit Court of State of Tennessee to the U.S. District Court for Eastern District of Tennessee because they are not eligible to practice law at EDTN and because of EDTN’s bias against Applicant. 2. Did the courts below err in not enjoining the unconstitutional proceedings and thereby subject Applicant to a here-and-now injury that cannot be remedied after the proceeding is over? II. INTRODUCTION Pursuant to 28 U.S.C. § 1651(a), Applicant Mawule Tepe (or Tepe), respectfully files this motion to enjoin Respondents OGLETREE DEAKINS NASH SMOAK & STEWART P.C., and its employees-attorneys Lucille Lattimore Nelson, William Stewart Rutchow (counsels of Whirlpool Corporation), to stop unconstitutionally removing any of his cases from Bradley County Civil Circuit Court of State of Tennessee to the U.S. District Court for Eastern District of Tennessee and to stop litigating the cases that are pending before EDTN since they are not eligible to practice law at EDTN. Besides this, Applicant would like an order from this honorable court enjoining EDTN to stop exercising jurisdiction over his cases due to the unlawful practice of law of Respondents OGLETREE DEAKINS NASH SMOAK & STEWART P.C., and its employees-attorneys Lucille Lattimore Nelson, William Stewart Rutchow. Moreover, Applicant would like an order from this honorable court enjoining EDTN to stop the implementation of sanctions and restrictions against him, and to enjoin EDTN to stop assigning, his cases to any of EDTN’s Judges who are parties in the case Mawule Tepe v. Clifton L Corker, et al., No. including Hon. U.S. District Judge Clifton L Corker and Hon. U.S. District Judge Curtis L Collier as well as the U.S. Magistrate Judge Christopher Steger. In support of this motion, Plaintiff states the following: III. JURISDICTION Injunctive relief may also be sought from an Appellate Court under the All Writs Act, 28 U.S.C. § 1651(a). See, e.g., FTC v. Dean Foods Co., 384 U.S. 597 (1966). IV. PROVISIONS 57H Amendment: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. The U.S. Const. amend, VI: The Sixth Amendment to the U.S. Constitution guarantees the right to obtain evidences, to confront and to challenge the opposing parties, and to equal access to the court. V. BACKGROUND On around November 2, 2020, Applicant filed Workers Compensation Retaliation Complaint and Discrimination Claims based on National Origin before Bradley County Civil Circuit Court of State of Tennessee against WHIRLPOOL CORPORATION. To defend itself, Defendant WHIRLPOOL CORPORATION retained, as a counsel, the Law Firm OGLETREE DEAKINS NASH SMOAK & STEWART PC that appointed its employees Attorneys Lucille Lattimore Nelson, and William Stewart Rutchow who removed the case to EDTN despite the fact that they are not admitted to practice law at EDTN. See State Court case Tepe v. Whirlpool Corporation et al., case no. V-20-00528 docketed as Tepe v. Whirlpool Corporation et al., no. at EDTN. Besides this, on around April 24, 2022, Applicant filed a separate complaint against WHIRLPOOL CORPORATION before Bradley County Civil Circuit Court of State of Tenn