Case 2:22-cv-02333-MEMF-AS Document 127 Filed 03/28/24 Page 1 of 19 Page ID #:819
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`ShaheryarKhan
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`2219 Olive street
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`Burbank Ca 91506
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`Plaintiff In proper
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`.S. DISTRICT COURT
`~2a~z~
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`UNITED STATES DISTRICT COURT
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`CENTRAL DISTRICT OF CALIFORNIA
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`SHAHERYAR KHAN
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`CASE NUMBER 2:22-CV-02333 ~ ~ ~~
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`PLAINTIFF,
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`ADAM KRAEMER ET AL
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`DEFENDANTS,
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`PLAINTIFFS DECLARATION IN SUPPORT OF
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`PLAINTIFFS Notice of Motion and motion to
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`to set aside the courts order denial of order
`3/18/24 denying plainitffs extension to file the
`first amended complaint
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`JUDGE: Maame Ewusi Mensah Frimpong
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`DATE: August 29th 2024
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`Time 10 AM
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`CRTRM: 8 A 8TH FLOOR
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`ACTION FILED: APRIL 7TH 2022
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`1
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`

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`Case 2:22-cv-02333-MEMF-AS Document 127 Filed 03/28/24 Page 2 of 19 Page ID #:820
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`Declaration of Plaintiff Shaheryar Khan in support of motion to set aside the courts order
`first amended
`denial of order 3/18/24 denying plainitffs extension to file the
`complaint .
`
`Shaheryar khan declares as follows. I am the plainitff in the above entitled case. I have
`personal knowledge of the following facts and if called as a witness I could testify competently
`there to based on referral to notes taken at the time to verify the account of events .
`
`discussed and attempted to resolve the issues raised in this motion with opposing council
`google in this case
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`Meet and confer witrh Google and attorney Torrvn ropers
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`On 3/ 27/24. I was advised via email to meet and conferred with googles council torryn rodger
`at 3 pm .googles other attonry i was advised alishia Burgin was not available .The call took
`place on phone number 415 344 7122 who told me that she hasnt met with her client google
`and that she could not answer to whether they would oppose the motion or reply. Plaintiff will
`also advise the court that plaintiff will discuss additonals matters with opposing council on
`friday 3/29 24 after i file the motion and also on 3.28 by email prior to filing this motion in
`relation to sanctions plaintiff may be entitled to and rights plaintiff will require a file a motion
`to compel due to responses from the defendants plaintiff needs to cure losses in relation to
`federal rule 37 e .Plaintiff will discuss remedies and if the defendnats have insurance that the
`defendnat may need to provide under federl rule 26 and federal rule 34 or plaintiff will be
`prjudiced due to these losses without these remedies . Plaintiff is attempting to try to recover
`information and data of plaintiff and also confirm google can respond or remedy these issues
`and losses. plaintiff seeks to demand a response oppiosition from google. Plaintiff is seeking an
`order to grant the motion for plaintiff to file the first amedned complaint.
`
`Plaintiff discussed dates for setting the motiion on regular notice for the local rules of honerable
`judge Frimpong and the response times require for opposition. I didn not see any open court
`dates on the Honorbale judges web page though 7/25/24 . Plaintiff declared that he would se
`the hearing on 8/29/24 as there were no dates after 7/25/24 (exhibit) Plaintiff will need this
`time to hire and gather expert witnesses and work with authoritites and get new council .
`
`opposing council for google said based on our conversatrion and faxed information for the
`discussions that google may not oppose or respond this motion but she will need to discuss
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`Case 2:22-cv-02333-MEMF-AS Document 127 Filed 03/28/24 Page 3 of 19 Page ID #:821
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`this with them to properly let me know . 1 have not recived any
`
`We disussed the issues in the order plaintiff felt were not addressed and that palintiff
`complaintis and will be prejudided by this order due to plainitff alleging plaintiff being prejudice
`d ue to act by the defendnats and tampering with council and the hacking. Plaintiff was uanware
`of the tampering with council until recently and plaintiff had to dispose of the work and
`relationship on 3/5/24 with this attorney because of misrepresentaions snd ethical issues
`made by the attorney which were misleading andf false which alarmed and delayed plainitff .
`plaintiff will attempt to supply the court at the hearing or a date before hand a declaration from
`expert witness and testimony to support the elements that support this claim.
`
`Plainitff explained to council that plainiff was still under incapacity of medical physicina though
`3/15/24 (exhibit) and the court was not aware of this and that the plaintiff was fighting life
`threating condiction from approximatley illness from 12/30/23 which then became mush worse
`on 1/29/24 and became and serious medical condition though today. Plaintiff may bring an
`expert witness or physician record to verify this account at the hearing or before the hearing
`
`Plaintiff explained that plaintiff is suffering from and will be prepare expert testimony to be
`presented and diagnose plaintiff from suffering severe infliction of stress and that expert
`testimony and declaration to demonstarte this injury will be provided to the court prior to the
`court date and is directly affecting plaintiff. Plaintiff suffered greatly from severe infliction
`emotiinal distress and has the post traumatic stress disorder from the hacking acts which
`hampers plaintiffs and also impedes plaintiff from operating normally from using computers
`phones the internety and ruined palintiffs quality of life and impedes plaintff constitutional
`rights. and may be used to support excusalble neglect due to incapacity suffered duer to injury
`from the defendnats act impeding plaintiff from being able to comlple with the courts order
`grnating the motion to hire council and file the first amended complaint.
`
`These hacking claims also affect the constutional issues which raise issues with the paper
`reduction act is a vehicle to irradicte history and evidence if it is rendered to be allowed without
`remedy .History can be rewritten or erased without remedy should plantiff not be able to
`plead these facts .This matter is unprecedented as it will raise these issies as to infringment on
`trade secrets registered and unregisted copyrights and patents and evince laws required for
`court proceeding and success. under federal rule 37 e these warrnt to be addresses and
`resolved .plaintiff contends that he will irreprable harmed here adn has been prejudiced by
`the defnendat recent acts and also tampering with attorneys and communiations
`
`Plainitff spoke to torryn rodgers and also expalined that palaintiff would be prejudiced as to the
`complaint on file due to the requirement s needed by the plaintiff seek reemdy for damages
`and also a temoprary restraining order or injuntion Plaintiff will need this to seek damages for
`product liability claims for this recent attack which out lined anti trust issues and tampering as
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`Case 2:22-cv-02333-MEMF-AS Document 127 Filed 03/28/24 Page 4 of 19 Page ID #:822
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`well as data theft and spoilation vilations under federal rule 37e
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`Plaintiff asked council for google if she would be the contact with authorities and if they would
`her client would participate in the investigation with authorities for the spoilation of the
`evidence and hacking plaintiff has been prujudiced by these attacks. Council for google did not
`respond to this and siad that they may not respond to this issue.
`
`Plaintiff would need to seek a remedy under granting a first amnded coplaint to be filed by the
`court preparing pleading and including this claim and lost materials into the First amedned
`complaint and would be prejudiced if not able to seek remedies if the extension is not granted.
`
`Plaintiff explained that plainitff will be meritotrious in the pleading and would supply a first
`amended complaint before thje court date as a proposed complaint due to unpredented facts
`d ue to personal knowledge and witness accounts with surviellance prepared for govt
`investigations. Googles council did not respond to this issue and did not say whether they would
`oppose this motion
`
`Plaintiff declared that plaintiff would require a response to compel asnswer plantiff requires to
`this motion. Again this a anther reason plaintiff will require to seek an approval to file the first
`amnded complaint so that defendnats would be compelled to ansswer these allegations so that
`plaintiff is not prejudiced from seeking recovery orjudgement in his favor
`
`Plaintiff discussed remedy under federal rule 37 e and again plasintiff is injured and prejudiced
`from the loss of information due to unavailability of these precious facts due to the negligence
`of google and tactic previenting plaintiff and prejudicing plaintiff from providing the facts for
`pleading or testimony and declaration to support pleading as exhibits. Plainitff would ned to
`complel. The ninth circuit contends that a cause of action of negligence is cause of action and
`the loss of electronicallically stored informion and losses under federl rule 37 e which plaintiff
`contects that that defendants schemed and condcuted violations to prjudice plainitff by loss of
`data that will support plaintiff claims in a first amdned companit
`
`Plaintiff explained that plaintiff would be prejudiced if unable to to file first amnded complaint
`as this would not allow plaintiff to adhere to his current responsibilities swith the attorney
`generasls office of California and bsuiness contract and also create liabity to plaintiff under his
`contracts and responsibilitites if this motion is not granted .Plaintiff contends that the plaintiff
`will require communication to the Attorney general next month in relation to these contracts
`and plaintiff contend that plaintiff will be irrprebly harmed and will be prejudiced if plaitiff is not
`allowed to seek these specific remedies through pleading and and claims thought ehe vehicle of
`a first amended complaint
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`Plaintiff respectfully submits these declarations and motions and will meet with new council
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`Case 2:22-cv-02333-MEMF-AS Document 127 Filed 03/28/24 Page 5 of 19 Page ID #:823
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`and or file the first amedned complaint prior to the motion date and ghearing .Plaintiff is in
`hope that if plaintiff works directly with the attorney generaslds office that this may circumven
`the tampoering in my case and with council and the horrish acts in this world like the defendats
`have done to cover up thier crimes adn injur plainitiff and under Plaintiff seeks this motion to be
`granted under mission powere pleads irreprable harm plaintiff will suffer and prejudice should
`this motion not be granted.
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`Meet and Confer with deendant everly well couccil Krvsta Pachman.
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`which took place on 3/28/24 with everly weels council at 9 am and met and conferred Krysall
`pachman who advided me they would oppose the matter prior to the conference via email. the
`call took places as scheduled and i called her at phone number 310 789 3118.
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`we discussed the issues of prejudice to the plaintiff by the order should this motion not be
`granted and the fax i sent opposing council as point. She indictaed that they oppose the motion
`via email but did not indicate if they would file opposition.
`
`Plaintiff discussed dates for setting the motiion on regular notice for the local rules of honerable
`judge Frimpong and the response times require for opposition. I didn not see any open court
`dates on the Honorbale judges web page though 7/25/24 . Plaintiff declared that he would se
`the hearing on 8/29/24 as there were no dates after 7/25/24 (exhibit)) Plaintiff will need this
`time to hire and gather expert witnesses and work with authoritites and get new council .
`
`i went though the discussions and eplained the prejuduice that the plaintiff suffered from the
`loss of information and the tampering with council combined hampered plaintiff from meeting
`the deadline set by the court
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`also discussed the serious medics) condition which plaintiff is recovering from and the
`physician record that i was actually cleared medically to not work until review again on 3.15.24
`( exhibit) which the plaintiff did not have aty that time but was issued on or about 10/15/23
`
`explained that thier client everly well and the are using a scheme to gather information that
`doens not belong to them and they have crested a company based on these works that are
`based on the plaintiffs ideas.
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`diascussed that they have been masking thier efforts though multiple schemes and platforms
`like shark tank and the use of cell goups and though fraudulent concealment masking and
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`Case 2:22-cv-02333-MEMF-AS Document 127 Filed 03/28/24 Page 6 of 19 Page ID #:824
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`breaking down the plaintiff trade secrets which were illegally obtained though espionage ,
`
`Plaintiff explained to everlywell that the scheme here clients use to is a attemp to steal from
`plainitff and thatb thier cliewnt is masking
`
`Plaintiff expalined that he would file the motion and due to not seeiing the order on 3.18 until
`reciently would file the motion after thier discussions .
`
`It was agreed that we did meet and confer and that i shoud file the motion.
`
`Plaintiff Council and the attorney general First Amedned companit
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`Due to the prejudice the plaintiff will suffer if this order is not granted . Plainttff will meet and
`confer with authorities andjointly cooperate with new council to ensure tampering will not
`be an issue moving forward and or the Plaitiff will file the First Amedned complaint in this
`Motion after it is filed and before the court date and will work to file it soon and beofre the
`court date captioned above.
`
`Plaintiff will file the first amnded complaint as if will be meritorious and plaintiff seeks the
`ability to have trail and hearing available as his right. Plaintiff will be prejudiced to the denial of
`the motion to file first amended complaint due to statue and limitations possibly if denied.
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`memorandums of Points and authorities
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`Introduction
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`Plaintiff respectfully seeks an order to set aside the courts order on 3/18/24 denying the
`plaintiff the ability to file the First Amedned Complaint due to irreprable harm to the plaintiff
`and prejudice the plaintiff would sufffer if the order is not granted.
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`Plaititiff claims the foregoing is ture and correct . Plaitiff is an inventor and has been at the
`helm and participated in the seminal moment of multiple endeavors involving the development
`technology and many other profiound first mover industry projects .
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`D
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`Case 2:22-cv-02333-MEMF-AS Document 127 Filed 03/28/24 Page 7 of 19 Page ID #:825
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`Plaintiff has been around long enough to notice first hand of accounts which under the normal
`instances of business has not been offered fairlt to the palintiff due to the high value of his
`ideas and bsusiness ventures. The plaintiff claims that has been targeted and that the
`defendnant use of technology and illegal scheme can be and have been used imporperly to
`steal plaintff trade secrets and also cover up evicecne of thier scheme.
`
`Argument
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`These tactics may go unnoticed to a "newby: but to someone who has scene the mechanism in
`its use live the plaitiff has uncovered a consistent mechanish employed by the defendnats as a
`scheme used to steal trade secrets which is illegal and involved in espionage tactics .The
`defendnats uses thesen tactics and try to claim legality when at heart the defendts intentions
`are not truthfully disclosed as a " information gathersing mechanism" to then then analyze and
`then "trigger act "which can be qualifies as" a level of threat" which will then trigger the
`defendnats to act to use thier "permissions " to illegally spoilate and steal and moitor users and
`plaintiffs in an collective conspiracy to collude to obtain stolen materials and illegakly obtained
`infiormastion from its users to profit off them. apple vs NSO
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`The forms of information can be used to interfere with the use of agents hired by the
`defendnats who ae commanded to interfere or mislead as taget and plaintiff .
`
`This infirmation is also used to be sold to it users to then be weaponize against is customers
`and palintiff.
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`This has triggered break ins, murder, theft ,violation of the CFAA to illegally use defendats
`rights and permissions to enter the plaintiffs device and dectroy evidence which effects
`pleading and cases.
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`When these acts occur over 20 years they can cause and inflict severe emotion distress and
`PTSD disorders rendering it difficult to perform and cause disability.
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`The plaitniff was victem of type of tampering and plaintiff has had bsuines relations and
`responsibiites which have gone un satisfied and due to the losses plaintiff suffered moniterily
`from by the tampering by the defendats plaintiffs business have suffered adn require remedy
`
`Plaintiff has suffered tremendously and has severe disablity from normal activities and
`conducting work and events due to PTSD severe stress and fears of death threats and agression
`targeed upon palintiff.
`
`Plaintiff was Beverly ill and incapacitated during this time and also is recovering from a lifen
`threaending illness.
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`Case 2:22-cv-02333-MEMF-AS Document 127 Filed 03/28/24 Page 8 of 19 Page ID #:826
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`Plaintiff will be prejuduced clearly if he will not be able to file a first amedned complaint as the
`attcks on the plaintiff will not stop and plaintiff requires now a restraining order from the court
`and will file this restraining hopefully with council.
`
`The defendats recectly also is embarking on a massive unprecedented endeavor based on
`infringment and theft of plaintiff trade secrets through this illegal mechanism of violation of
`the cfaa and is a violation under rule 37e and misprepresentationsunder the defendnant user
`policies which is a mask and vehicle for the defendatns to attempt try to legally i howver
`cover up illegally attepts and acts which infrige and users and plaintiffs trade secrets and are
`in violation ofn the espionage act. in violation of the CFAA. may be presented under seal or in
`the first amedned complaint.
`
`These defendnat are weaponizing search and devices and information owned and used by by
`un suspecting users customers and the public .the information is being taken alalayzed and
`used to alter or act on a attck to interfere and have agents mislead or misrepresent facts with
`the public, its own users the plaintiff in this matters and all of our business interations ,legal
`endeavors , to affect conflict of intrest of atroneys representations and gain the ability to
`interfere with inventions ,partnships and legal cases and anything the defendats want to
`interfere with especially inventors which the plaintiff is.
`
`Defendnat google take the plaintiffs information gatherd and obtained illegally and conducts
`business these acts and defendant everly well is part of a scheme that has complied this data
`stolen from the plainiff and then distributed the the defendnsts partners and conspirators who
`are unammed and and named in the complaints andn used as a platform for investment for the
`express purpose to profit off the plaintiff intellectual propety .trade scecrets ,copyrights and
`patents regustered and unregidstered
`
`The defendnats intentionally conspire to prevent the plaintiff and its users from suceeding in
`thier endeavors by using illegal information gathering techneques taken from its users devices
`and property and the uses a methods and scheme organize agents to interfere with plaitiffs
`business and partnerships though espionage and affects plaintiffs outcome for desirable results
`by the use of informtion obtained illegally by the defendants and then makes clams that the
`defendnats developed the plaintiffs ideas but the reality was the defendnats stole and or
`abused thier authority and took the information through a weaponized scheme authorized by
`the defendtas on the plaintiff and other users.
`
`w hen the planitiff gathers this information and is keeps it safe for use its then its destroyed
`using these scheme rendiering it impossible for the plaintiff to act or in this case propertly plead
`or keep information safe for court use .and the plaitiffs first amended complaint the court
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`E%~
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`Case 2:22-cv-02333-MEMF-AS Document 127 Filed 03/28/24 Page 9 of 19 Page ID #:827
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`shoud act in favor of the plaintiff
`
`authorities
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`Under rules for excusable neglect to set aside the order ,plaintiff medical condition and
`inflicistion of PTSD and extreme stress stress hampers and impedes plaintiff from normal acts
`and the court should be liberal in this pleading too allow the plaintiff to file the first amnded
`complaint due to the recent attack by the defendats to plaintiffin the pendency of this action
`
`Plaintiff is entitle d to sancition and is entitle ted to injunctive relief and Temprory reatraining
`order and will be prjudiced if he is unable to file first amneded complaint to satisy these needs
`as they require in the operative complaint.
`
`Plaintiff suffered and was medically cleared through 3/15/24 for incapcity mentally and which
`may be lengthented.
`
`Plaintiff suffered from life thretening illness which also incurred on 1/29/24 afterbeing ill on
`12/29/23 and plaintff is still recovering from
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`Plaintiff was unable to perform at the time due to his incapcity.
`
`Under mission power this should weigh well in plaintiffs favor. Irrergdlesso f time plaintiff is
`fighting an uphill battle
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`Rule for Fraud by acts taken by the defendant against the plaintiff should aloso allow the
`court to grant this motion and setting aside the order denying plainffs motion by the
`defendant should also allow the court to wigh wel in the plaintiffs favor
`
`The defendnats fraulent tampering with council plaintiff relied onto hire to plead his
`information and complaint is illegal
`
`The the plaintiff claims the defendnst acts of hacking and tampering indicate the the plaitiffs
`case would be meritotious with the data plaintiff kept which is and was spoilated and destroyed
`and the court should see that as weighing in the plaintiffs favor that the information would
`demonstarte favor for the plaitiffs complaint as evidence. Plaintiff would need to seek damages
`and sactions from these acts by the defendant
`
`Also the fraudulent act and also the tampering and destruction of electronic stored information
`of the plaintiff in violation of federl rule 37 e warrants destroying the work of the plaintiff
`required by the courts order impedes the plaitinff from complying with the courts order, the
`court to grant this motion to remedy the acts against the plaintiff taken by the defendant to
`willfully affect the outcome of this case and the court should also compel the defendnat to file a
`
`E
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`Case 2:22-cv-02333-MEMF-AS Document 127 Filed 03/28/24 Page 10 of 19 Page ID #:828
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`oppositon to this motion to get an answer.
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`Violations under the Computer fraud abuse act also warrants the extesnion
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`The tampering with council and destruction of evidence also should have the court weigh the
`fvor in the plaintiffs favor.
`
`Due to the tampering plaintiff should be allowed the grnating of this new informsation not
`avaialable due to plaintiffs incapicity at the time.
`
`Plaintiff will be prdudiced if he is unable to recover damages and meet contracted
`responsibilities
`
`Plaintiff will need to file for injunctive relief and tempranry restrining order from the acts of the
`defendants
`
`Plaintiff would be prejudiced in business and contracts which plaintiff is required to conduct and
`the denialm of the motion will prejuduce the plaitntiff from performing or seeking a
`judghement to satisfy the plaintiffs performance and responisibiites snd rights.
`
`plaintiff will suffer irepprable harm a first amended complaint is not issued as he will not be
`able to perform in his contracts. Plaintiff will provide evidecne and expert witness testimony to
`confiormand support this statement
`
`These issues weigh in the plaintiffs favor to grant the motion.
`
`Conclusion
`
`These acts when acted upon and recognized as improper can and has induced the stress and
`incapicity at a higher level than that of the normal person.
`
`Plaintiff seeks sactions and will provide expert witness testimony and estimated to the losses
`incurreed plaintiff seeks tom remedy
`
`Plaintiff seeks the court to allow leave to amend by counil this motion if provided adn filed by
`plaintiff.
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`Due to the tampering plaintiff should be allowed the grnating of this new informsation not
`avaialable due to plaintiffs incapicity at the time.
`
`Plaintiff will be prdudiced if he is unable to recover damages and meet contracted
`responsibilities
`
`Plaintiff will need to file for injunctive relief and tempranry restrining order from the acts of the
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`Case 2:22-cv-02333-MEMF-AS Document 127 Filed 03/28/24 Page 11 of 19 Page ID #:829
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`defendants
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`Plaintiff totally understands the courts requirement and plaintiiff will conform and file the first
`complaint carefully so that it cannot be tampered with and soon as the plaintiff respectfully will
`comply with the courts rules.
`
`Plaintiff would be prejudiced in business and contracts which plaintiff is required to conduct and
`the denialm of the motion will prejuduce the plaitntiff from performing or seeking a
`judghement to satisfy the plaintiffs performance and responisibiitesand rights.
`
`plaintiff will suffer irepprable harm if a first amended complaint is not allowed to be the
`operative complaint
`
`plaintiff will suffer as he will not be able to perform in his contracts and remedy losses though a
`judgment or order in plaintiffs favor
`
`Plaintiff will provide evidecne and expert witness testimony and declaration to confiorm and
`support this statement and motion
`
`Plaintiff will submit expert witness testimony and exhibits and delaration and supplment
`briefings to support this motion and wishes leave to amend
`
`Plaintiff respectfully submits this application and hope s that the court renders the decision
`after review of the defendnats opposition in plaintiffs favor
`
`declare under the penalty of perjury the foregoing is true and correct.
`
`3/28/24
`
`Plaintiff Shaheryar Khan in Pro Per
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`1 1
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`~KH ~~3 tTS
`Case 2:22-cv-02333-MEMF-AS Document 127 Filed 03/28/24 Page 12 of 19 Page ID #:830
`Case 2:22-cv-02333-MEMF-AS Document 125 Filed 03/18/24 Page 1 of 3 Page ID #:804
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`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`
`CIVIL MINUTES —GENERAL
`
`Case No. 2:22-cv-02333-MEMF-AS
`
`Date: March 18, 2024
`
`Title
`
`Shaheryar Khan v. Adam Kraemer, et al.
`
`Present: The Honorable: Maame Ewusi-Mensah Frimpong
`
`Damon Berry
`Deputy Clerk
`
`Not Reported
`Court Reporter /Recorder
`
`Attorneys Present for Plaintiffs:
`
`Attorneys Present for Defendants:
`
`Proceedings: (IN CHAMBERS) ORDER RE: Plaintiff s Notice and Application for Ex
`Parte Motion for An Extension of Time to File First Amended Complaint (ECF No. 95]
`
`The Court is in receipt of Plaintiff Shaheryar Khan's Ex Parte Application for an
`Extension of Time to File First Amended Complaint (ECF Nos. 115, 120, 122) and Amended Ex
`Parte Application for Extension of Time to File First Amended Complaint (ECF No. 123,
`collectively, the "Ex Parte Filings"), as well as Defendant Google LLC's Opposition to
`Shaheryar Khan's Ex Parte Motion for an Extension of time to File an Amended Complaint
`(ECF No. 118).
`
`In the Central District, a party seeking ex pane relief must comply with (1) the Local
`Rules and Federal Rules of Civil Procedure, and (2) the standards set forth in Mission Power
`Engineering Co. v. Continental Casualty Co., 883 F. Supp. 488, 492 (C.D. Cal. 1995).
`
`Local Rule 7-19.1 requires a party filing an ex pane application to:
`
`L.R. 7-19 Ex Parte Application. An application for an ex pane order shall be
`accompanied by a memorandum containing, if known, the name, address,
`telephone number and e-mail address of counsel for the opposing party, the
`reasons for the seeking of an ex pane order, and points and authorities in support
`thereof. An applicant also shall lodge the proposed ex pane order.
`
`CV-90 (03/15)
`
`Civil Minutes —General
`
`Page 1 of 3
`
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`Case 2:22-cv-02333-MEMF-AS Document 127 Filed 03/28/24 Page 13 of 19 Page ID #:831
`Case 2:22-cv-02333-MEMF-AS Document 125 Filed 03/18/24 Page 2 of 3 Page ID #:805
`
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`
`CIVIL MINUTES —GENERAL
`
`Case No. 2:22-cv-02333-MEMF-AS
`
`Date: March 18, 2024
`
`Title
`
`Shahervar Khan v. Adam Kraemer. et al.
`
`L.R. 7-19.1 Notice ofApp[ication. It shall be the duty of the attorney so applying
`(a) to make reasonable, good faith efforts orally to advise counsel for all other
`parties, if known, of the date and substance of the proposed ex pane application
`and (b) to advise the Court in writing and under oath of efforts to contact other
`counsel and whether any other counsel, after such advice, opposes the application.
`C.D. Cal. R. 7-19, 7-19.1.
`
`Here, several of Khan's Ex Parte Filings all indicate that Khan reached out to opposing
`counsel to alert them about the ex pane filings prior to filing. See, e.g., ECF No. 115 at 2-3, ECF
`No. 123 at 2. Thus, Khan has complied with the notice portion of Local Rule 7-19.1
`
`Under Mission Power, a party seeking ex pane relief must establish (1) that the
`requesting party will be irreparably prejudiced if the motion is heard on a normal schedule and
`(2) that the requesting party did not create the crisis requiring ex pane relief.
`
`Here, Khan does not explicitly discuss the prejudice he would face if his motion were
`heard in accordance with regular procedures. However, the Court notes that Khan asks for an
`extension to file his First Amended Complaint ("FAC"), see e.g., ECF No. 115 at 2, that would
`moot the pending motions to dismiss, which could be granted with prejudice. See ECF No. 66.
`Thus, it is conceivable that Khan could be irreparably prejudiced.
`
`However, the second Mission Power factor does not weigh in Khan's favor. Khan has
`moved several times to extend the deadline to file his FAC—originally April 21, 2023, almost a
`full year ago. Khan states that more time is necessary because he needs to retain counsel and re-
`draft his FAC due to a hacking incident. ECF No. 115 at 2. While the hacking incident is new,
`each of Khan's prior requests have reiterated Khan's need to secure counsel. Khan also states
`that he is still under treatment for his medical conditions. ECF No. 115 at 2. Although the Court
`understands that medical issues are beyond Khan's control, the deadline cannot be extended
`indefinitely until Khan's personal health issues are resolved. The Court has provided Khan with
`ample time—a little over 10 months measured from Apri125, 2023, the date the Court granted
`Khan's first ex pane, to present day—to procure counsel and file a FAC. The Court thus
`
`~ Pro se litigants must comply with the Local Rules. L.R. 83-2.2.3.
`
`CV-90 (03/15)
`
`Civil Minutes —General
`
`Page 2 of 3
`
`l 3
`
`

`

`Case 2:22-cv-02333-MEMF-AS Document 127 Filed 03/28/24 Page 14 of 19 Page ID #:832
`Case 2:22-cv-02333-MEMF-AS Document 125 Fi1~r,1 03/18/24 Page 3 of 3 Page ID #:806
`
`UNITED STA`T'ES DISTRI~ a COURT
`CENTRAL DISTRICT OF CA_,[FORNIA
`
`CIVIL MINUTES —GENERAL
`
`Case No. 2:22-cv-02333-MEMF-AS
`
`Date: March 18, 2024
`
`Title
`
`Shaheryar Khan v. Adam Kraemer, et al.
`
`DENIES Khan's Ex Parte Filings. The Court will issue a separate order setting a hearing on the
`pending motions to dismiss.
`
`Initials of Preparer
`
`DBE
`
`CV-90 (03/15)
`
`Civil Minutes —General
`
`Page 3 of 3
`
`_7
`
`

`

`Case 2:22-cv-02333-MEMF-AS Document 127 Filed 03/28/24 Page 15 of 19 Page ID #:833
`
`DATE: 3/26/2024
`
`RE Meet and ConferAttention Every Well And Google Defendants:
`
`Susman Godfrey : K. Pachman Fax 310 789-3150
`
`Perkins Coie Alisha Burgin Fax 310-788-3399
`
`Case Number 2:22 CV 02333 Shaheryar Khan vs Adam Kramer; Google; Apple ;Everty Well Et AI
`
`Plaintiff planning to file a motion to reconsider or set aside the courts ruling on 3/18/ 24
`denying plaintiffs motion to extend time to file first amedned complaint
`
`Due to severe illness and medical treatment and deadly infection .Plaintiff need to tend to
`immediatley and recover from infection which became worse thorugh today .Plaintiff was not
`cleared medically through this time and the court was unclear about this. Plaintiff still has life
`threatending matter related to the 1/29/24 notice to Defendnats and will continue to seek
`medical treatment.
`
`Plaintiff also found issues with council which the court did not know about that will be plead
`into this motion.
`
`Plainitff will be preudiced due to unfair business practices by the defendants act desptroying
`court materials of plaintiff and the requirement to amend issues retaled to federal
`investigation.
`
`Plaintiiff will be require to have expert witness testimony and issue before the tout for this
`hearing as well to testify and present declaratrion evidence.
`
`Judge Frimpong issued an order requesting that any communication s