Case 2:22-cv-02333-MEMF-AS Document 128 Filed 04/01/24 Page 1 of 15 Page ID #:838
`
`F ILGv
`
`u.s. o►sTRi
`~ 2 a ~~
`
`ShaheryarKhan
`
`2219 Olive street
`
`Burbank Ca 91506
`
`Plaintiff In proper
`
`UNITED STATES DISTRICT COURT
`
`CENTRAL DISTRICT OF CALIFORNIA
`
`SHAHERYAR KHAN
`
`CASE NUMBER 2:22-CV-02333 1~, ~1/~ ~'
`
`PLAINTIFF,
`
`ADAM KRAEMER ET AL
`
`DEFENDANTS,
`
`MEMORANDUM AND POINTS OF AUTHORITY
`
`PLAINTIFFS Notice of Motion and motion to
`
`to set aside the courts order denial of order
`3/18/24 denying plainitffs extension to file the
`first amended complaint
`
`JUDGE: Maame Ewusi Mensah Frimpong
`
`DATE: August 29th 2024
`
`Time 10 AM
`
`CRTRM: 8 A 8TH FLOOR
`
`ACTION FILED: APRIL 7TH 2022
`
`1
`
`

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`Case 2:22-cv-02333-MEMF-AS Document 128 Filed 04/01/24 Page 2 of 15 Page ID #:839
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`Introduction
`
`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.
`
`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 .
`
`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
`
`Plaintiff argues and alleges violations of unfaitr business paractices in the tampering of
`plaintiffs device and hacking.
`
`Plaintiff should be granted leave to amend complaint and grant the seting aside of the order e
`hying plaintiff due to plaintiff being prejudiced by these New acts of the defendnants.
`
`plaintiff and partners have seen and determined under surviellance and knowledge that the
`attornehys of plaintff to be hired were tampered with.
`
`Plaintff will provide expert witness testiomony to support these allegation and claims aty the
`hearing .
`
`These tactics may go unnoticed to a "newby" but to someone who has scene the mechanism in
`its use live the planitiff has uncovered a consistent mechanism 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
`
`2
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`

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`Case 2:22-cv-02333-MEMF-AS Document 128 Filed 04/01/24 Page 3 of 15 Page ID #:840
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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
`a nd palintiff.
`
`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.
`
`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.
`
`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.
`
`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
`a nd 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
`
`

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`Case 2:22-cv-02333-MEMF-AS Document 128 Filed 04/01/24 Page 4 of 15 Page ID #:841
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`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.
`
`when 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
`shoud act in favor of the plaintiff
`
`authorities
`
`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 restraining
`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
`
`4
`
`

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`Case 2:22-cv-02333-MEMF-AS Document 128 Filed 04/01/24 Page 5 of 15 Page ID #:842
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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
`
`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 on to 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
`oppositon to this motion to get an answer.
`
`Violations under the Computer fraud abuse act also warrants the extesnion
`
`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.
`
`

`

`Case 2:22-cv-02333-MEMF-AS Document 128 Filed 04/01/24 Page 6 of 15 Page ID #:843
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`plaintiff will suffer irepprable harm a first amended complaint is not issued as he will not be
`a ble 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.
`
`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 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 responisibiites snd 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
`
`

`

`Case 2:22-cv-02333-MEMF-AS Document 128 Filed 04/01/24 Page 7 of 15 Page ID #:844
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`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
`
`X G~ fir'
`
`Plaintiff Shaheryar Khan in Pro Per
`
`7
`
`

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`Case 2:22-cv-02333-MEMF-AS Document 128 Filed 04/01/24 Page 8 of 15 Page ID #:845
`Case 2:22-cv-02333-MEMF-AS Document 5 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
`
`Shahervar 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 parte order.
`
`CV-90 (03/15)
`
`Civil Minutes —General
`
`Page 1 of 3
`
`

`

`Case 2:22-cv-02333-MEMF-AS Document 128 Filed 04/01/24 Page 9 of 15 Page ID #:846
`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 of Application. 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. 1 l 5 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~riginally 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 April 25, 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
`
`u~
`
`

`

`Case 2:22-cv-02333-MEMF-AS Document 128 Filed 04/01/24 Page 10 of 15 Page ID #:847
`Case 2:22-cv-02333-MEMF-AS Document 125 F l~ri 03/18/24 Page 3 of 3 Page ID #:806
`
`UNITED STATES DISTRI~ ~' COURT
`CENTRAL DISTRICT OF CAi_,[FORNIA
`
`CIVIL MINUTES —GENERAL
`
`Case No. 2:22-cv-02333-MEMF-AS
`
`Date: March 18, 2024
`
`Title
`
`Shahervar 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
`
`

`

`Case 2:22-cv-02333-MEMF-AS Document 128 Filed 04/01/24 Page 11 of 15 Page ID #:848
`
`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 222 CV 02333 Shaheryar Khan vs Adam Kramer; Google; Apple ;Everly 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 Gout for this
`hearing as well to testify and present declaratrion evidence.
`
`Judge Frimpong issued an order requesting that any communication should be conducted in
`accordance to Federal Rules which Plaintiff intneds to follow,
`
`Plaintiff also would like to discuss and seek a stipulation if possible or settlement
`
`Please Email me at syst.82817@outlook.com to set a time to meet and confer to dicsuss this
`
`issue and feel free to email any agreeements that defendnats council may be agreeable to ton
`
`the information in the above request. After noon tomorrow will work or Thursday before noon
`also can work this week.
`
`Respectfully
`
`Shaheryar Khan
`
`

`

`Case 2:22-cv-02333-MEMF-AS Document 128 Filed 04/01/24 Page 12 of 15 Page ID #:849
`
`Khan v. Google et al. (2:22-cv-02333-MEMF-AS)
`
`Taylor Rodgers, Torryn (Perkins Coie) <TRodgers@perkinscoie.com>
`Tue 3/26/2024 9:29 PM
`Tc
`Cc:Burgin, Alisha C. (Perkins Coie) <ABurgin@perkinscoie.com>
`
`M r. Khan,
`
`As you know, we are counsel for Google in this matter. I am writing per your request to meet and confer regarding
`your fax that we received today. Please feel free to give me a call tomorrow after noon, or Friday morning. You
`can reach me at 415-344-7122.
`
`Thank you,
`Torryn
`
`Torryn Rodgers ~ Perkins Coie LLP
`ASSOCIATE
`
`Shelher/hers
`
`505 Howard Street Suite 1000
`
`San Francisco. CA 94105
`
`D.+1.115.344.7122
`
`F. +1,415..144.7322
`
`E. TRodgers ,perkinscoie.com
`
`NdTICE: This communication may contain privileged or other confidential information. If you have received it in error, please advise the sender by reply
`
`email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you.
`
`

`

`Case 2:22-cv-02333-MEMF-AS Document 128 Filed 04/01/24 Page 13 of 15 Page ID #:850
`
`Khan v. Kraemer
`
`Krysta Pachman <KPachman@susmangodfrey.com>
`Tue 3/262024 8:37 PM
`
`To'.
`Mr. Khan,
`
`received your fax.
`
`I'm not available tomorrow afternoon. I'm available Thursday before 10 a.m. Please feel free to calf me
`then. If you are unable to reach me, you can note in your papers that Everly Well opposes the relief you
`are seeking.
`
`Best,
`Krysta
`
`Krysta Kauble Pachman ~ Partner ~ Susman Godfrey L.L.P.
`1900 Avenue of the Stars, Suite 1400, Los Angeles, CA 90067
`(310) 789-3118 ~ kpachman(~susmang dfrey.cc~m
`
`This e-mail contains privileged and confidential information, which may be subject to the attorney/client privilege and/or attorney work
`product protection. If you received this message in error, please notify the sender and delete it immediately.
`
`~~
`
`

`

`Case 2:22-cv-02333-MEMF-AS Document 128 Filed 04/01/24 Page 14 of 15 Page ID #:851
`
`SPINE AND SPORTS INSTITUTE
`PAYAM VAHEDIFAR, M.D.
`
`WORK NOTE
`
`Patient Name: Shah Khan DOB: 07/05/1974
`Patient to remain off work from 1 1/18/2023 thru 02/28/2024.
`If you have any questions, please call the office at 818-986-0200
`
`Signed: /~
`Payam Vahedifar, M.D.
`
`Date: 11/30/2023
`
`~~a.
`'~
`
`.........................................................................................................................................................................................................
`ENCINO
`16633 Ventura Blvd Suite 802
`Encino, CA 91436
`P:818.986.0200 F: 818.986.4393
`
`~—~-
`
`~_ ~
`
`

`

`Case 2:22-cv-02333-MEMF-AS Document 128 Filed 04/01/24 Page 15 of 15 Page ID #:852
`
`SPINE AND SPORTS INSTITUTE
`
`PAYAM VAHEDIFAR, M.D.
`
`WORK NOTE
`
`Patient Name: Shah Khan DOB: 07/05/1974
`
`May return to work on:
`
`q May return to regular work full time
`
`q May return to regular work, but should avoid heavy lifting (over 201bs.)
`
`q May return to light work
`
`q May return to work
`
`hours per day
`
`q May resume light work and gradually do heavier work as time progresses
`
`q Ma esume light work with restrictions as listed:
`
`Other: The patient will remain off of work from 2-28-2024 - 5-24-2024
`
`Signed: ~
`Payam Vahedifar, M.D.
`
`Date: 03/14/2024
`
`...............................................................................................................................................................................................................
`ENCINO
`16633 Ventura Blvd Suite 802
`Encino, CA 91436
`P:818.986.0200 F: 818.986.4393
`
`