Motion to Compel Joinder
Paul W. Mason, plaintiff
Proper Party
P O BOX 1199
Livermore, CA 94551
Fax: (408) 897-3028
Attorney for: Paul Mason, Proper
Party
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Motion to Compel Joinder
The entity to be joined is the US Department of
Justice.
The grounds for Joinder are:
a. The US Department of Justice has “a material interest
in the case and the (Department’s) absence would result in
substantial prejudice” to that case, in view of the
numerous criminal violations by government employees occasioned
by the taking of 3 million American lives, in direct violation of
Amendments I and V of the Constitution, and in violation of 21
CFR § 19.6.1,2 and 45 CFR § 73.735-1302 and the FDA
Mission Statement. Fed. R. Civ. P 19,
b. The US Department of Justice is an indispensable party, and
should be joined if possible. The practical
consequences of non-Joinder would be the failure of the
Department of Justice to do its Duty toward the 3 million
victims, and toward plaintiff, and toward the remaining American
People. [Provident Bank and Trust Co. v. Patterson, supra,
§932]. By Natural Law, it is the Duty of the Department of
Justice to “effect the safety of the people” as
enunciated in the Declaration of Independence from which the
Constitution is descended; this “safety” can most
pragmatically be accomplished if the Department of Justice joins
the suit.
c. This suit strains the unaided time and resources of
plaintiff, in-as-much-as:
1. This is apparently the biggest court case in the history of
the United States, as measured in numbers of deaths, lives, and
dollars affected.
2. Interventions or filings of amicus curiae are very likely,
by representatives of the IBWA, AWWA, WQA, National Soft Drink
Manufacturers Association, AMA, and many others, resulting in
dozens of involved attorneys, each with a support
staff.
3. Plaintiff is but one person, without support staff, without
experience in the law, and residing in a remote wilderness 1.45
hours from the nearest law library. Without the Joinder of the
Department of Justice, plaintiff’s response to opposing
motions may be slower than it would be with the benefit of such
Joinder. At one death every 2.5 minutes, speed is of utmost
importance in this matter. Joinder will save numerous
lives.
d. The burden of demonstrating inadequacy of representation is
“minimal”.
Trbovich v. United Mine Workers, 404 US 518 (1972).
Plaintiff’s “representation” of 215,000 victims
per annum would not be timely, and therefore not
“adequate”.
e. The right to relief of the 590 victims per day
“arises out of the same transaction or series of
transactions; and there is at least one question of law or fact
common to all parties sought to be joined.” Fed. R. Civ. P.
20(a).
f. Plaintiff does not have “any other adequate
remedy” if the action is dismissed for non-Joinder of the
US Department of Justice. Fed. R. Civ. P. 19(b).
g. “When a long Train of Abuses and Usurpations,
pursuing invariably the same Object, evinces a Design to reduce
them under absolute Despotism, it is their Duty
...” [Declaration of Independence]. For three generations,
the FDA and the Department of Health have pursued invariably the
same object, evincing an unvarying design to impugn, smear,
defeat, bankrupt, and utterly destroy the American mineral water
industry, reducing it under absolute despotism, resulting in
millions of deaths. As American Citizens, Plaintiff and the
Department of Justice jointly share a Duty to
secure the Safety and Security of the American People. Where
persons are jointly owed a “duty”,
the courts have usually held that they are not only necessary,
but also indispensable parties. [Jenkins v. Reneau, 697 F2d 160
(6th Cir. 1983)].
Persons Not Joined, and Reason for
Non-Joinder
In fulfillment of Fed. R. Civ. P. 19(c), plaintiff
avers:
1. Millions of Americans who have died of Mg-deficient water,
or will die of Mg-deficient water, and their families, have an
“interest” in this suit. But since this suit is only
for declaratory relief and not damages, there is no benefit to
these millions in joining the suit, and it would only delay
relief and add expense to join these millions in a class action
against defendants.
2. The thousands of mineral water companies that once existed,
and their proprietors, who were unjustly driven out of business
by the FDA, have an interest in this suit. Likewise the few
remaining mineral water companies and their proprietors,
suppliers, and distributors have an interest in this suit. But
since this suit is only for declaratory relief and not damages,
there is no benefit to these water companies in joining the suit,
and it would only delay relief and add expense to join these
companies in a class action against defendants.
Caveat --- Conflict of Interest
In 1995, 1996, and 1997 plaintiff petitioned Attorney General
Janet Reno to end the illegal taking of 590 lives per day by the
FDA. Attorney General Reno did nothing, and is culpable of
negligence for over half a million needless deaths.
Plaintiff submitted to Attorney General Reno letters, numerous
medical journal reprints about the benefits of Mg, and a copy of
Surgeon General Koop’s letter which stated that “A
good case can be made for the correlation of cardiovascular
deaths with magnesium-deficient water.” None-the-less,
Assistant Attorney General Frank Hunger replied to plaintiff on
6/9/95 that “at present there is no
impartial, scientific evidence to indicate impact of magnesium on
cardiovascular disease” ---- which was a blatant lie, and
an insult to the Surgeon General, and an insult to all the
renowned magnesium researchers whose medical journal articles had
been submitted to the Attorney General. An Impeachable Offense
may have occurred.
Thus for 70 years, the Department of Justice has participated
in the suppression of the American mineral water industry and the
cover-up of the magnesium-deficiency catastrophe; and is doing so
now, and from this pattern of behavior, can be expected to
continue suppressing the mineral water industry and covering up
the magnesium-deficiency catastrophe.
Clearly, any US Attorney, answering to the Attorney General or
the Assistant Attorney General, would be under de-facto pressure
to continue the cover-up of the Mg-deficiency catastrophe and the
related blunders of the US Department of Justice. All US
Attorneys on the staff of the Department of Justice therefore
have a Conflict of Interest, and must be disqualified from
representing the People in this matter.
Plaintiff therefore demands that this court appoint a
“Special Counsel”, hired by the court to represent
the interests of the People, who has no conflict of interest in
this matter, and whose payment by the Department of Justice or
this court will terminate upon the closing of this
case.
Respectfully Submitted,
__________________________
________________
Paul W. Mason, proper party
DATE
This page was first uploaded to The Magnesium Web Site on
August 12, 1997
http://www.mgwater.com/
Healthy Water
Association--USA