Free Motion for New Trial - District Court of Connecticut - Connecticut

Case 3:00-cv-00835-CFD

Document 496-2

Filed 04/27/2007

Page 1 of 4

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

INDYMAC BANK, F.S.B. Plaintiff CIVIL ACTION NO. 3:00CV835 (CFD)

V.

MOSTAFA REYAD AND WAFA REYAD Defendants DATE: APRIL 27, 2006

DEFENDANT S MEMORANDUM IN SUPPORT OF 59 MOTION

This is Defendant s Mostafa Reyad Memorandum of law in support of Defendant s 59 Motion. Fed. R. Civ. P. 59; subdivision (a) stipulates the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment ; subdivision (b) Any motion for a new trial shall be filed no later than 10 days after entry of the judgment ; and subdivision (c) stipulates when a motion for new trial is based upon affidavits, they shall be filed with the motion. The opposing party has 10 days after service to file opposing affidavits . . . . Rule 52 (b) stipulates motion may accompy a motion for new trial under Rule 59. . The

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Case 3:00-cv-00835-CFD

Document 496-2

Filed 04/27/2007

Page 2 of 4

Defendant requesting a hearing pursuant to Rule 59 and Rule 52 upon partial new trial on the evidences provided by Plaintiff on the Trial held on April 6 & 7, 2004, Defendant attached hereto affidavit under penalty of perjury, swearing that Plaintiff has committed fraud upon the Court, and provided forged evidence and false perjured testimony.

Mr. Ainslie, the witness on the stand at Trial and Attorney Schaeffer, both testified and falsely claimed that they have the originals of the exhibits acknowledged by the Court, those exhibits are:

I.

Ten (10) Verifications of Deposits: Plaintiff s Exhibits # 47, 49, 51, 53, 62, 64, 66, 68, 70, 72 All the above ten (10) Plaintiff s Exhibits are forged no original for examination for any of the ten documents. Three (3) Credit reports Plaintiff s Exhibits 78, 80, 82 None was original .

II.

Plaintiff purposely hides the original documents presented for acknowledgment. Plaintiff correctly holding original files, inwhich Plaintiff holds those original documents, but he presents only altered documents in the form of copies. Plaintiff has committed perjury, forgery and fraud upon the Court.

The issue here is the perjury and the forgery, and fraud upon the Court, because Ainslie and Schaefer testified to the Court that they are reading from original documents. It is simple task, if there is no perjury, and Mr. Schaeffer has the originals of the copies provided to the Court, he can bring it to the Court or

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Case 3:00-cv-00835-CFD

Document 496-2

Filed 04/27/2007

Page 3 of 4

even call Defendant to examine it in his office. If Mr. Schaeffer does not want to show and disclose the original documents, it is the concrete evidence that he committed serious misrepresentations punishable by law, justice mandates the opening of the judgment. Defendant also reiterated prior pleadings, asking the Court to compensate Defendant for acts committed caused Defendants substantial damages.

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Case 3:00-cv-00835-CFD

Document 496-2

Filed 04/27/2007

Page 4 of 4

The Defendant Mostafa Reyad

By:

/ss/ Mostafa Reyad 2077 Center Avenue # 22D Fort Lee, NJ 07024 Home Phone # 201-585-0562 Day Phone # 203-325-4100 Email: [email protected] CERTIFICATE OF SERVICE

The undersigned certifies that on April 27, 2007 has emailed this document to:

1. David R. Schaeffer, Esq. [email protected]

and delivered by hand a true copy of the same to Wafa Reyad

Mostafa Reyad

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