Case: 23-1363 Document: 70 Page: 1 Filed: 09/13/2024
`
`THE UNITED STATES COURT OF APPEALSFOR
`THE FEDERAL CIRCUIT
`
`EDGAR ABLAN, ET AL.,
`Plaintiffs
`
`CHRISTINA BANKER, TODD BANKER,
`Plaintiffs-Appellees
`
`V.
`
`UNITED STATES,
`Defendant-Appellant
`
`2023-1363
`
`received
`
`SEP 1 3 2024
`
`United states Court of Appeals
`For the Federal Circuit
`
`Appeal from the United States Court of Federal Claims in No. l:17-cv-01409-CFL,
`1:17-CV-09001-CFL, Senior Judge Charles F. Lettow.
`
`SANDRA ABDOU, ET AL.^
`Plaintiffs
`
`ELIZABETH BURNHAM,
`Plaintiff Appellee
`
`V.
`
`UNITED STATES,
`Defendant-Appellant
`
`2023-1365
`
`Appeal from the United States Court of Federal Claims in No. l:17-cv-01786-CFL,
`1:17-cv-09001-CFL, Senior Judge Charles F. Lettow.
`
`

`

`Case: 23-1363 Document: 70 Page: 2 Filed: 09/13/2024
`
`CHRISTINA MICU, AND ALL OTHERS SIMILARLY SITUATED, SCOTT
`HOLLAND, CATHERINE POPOVICI, KULWANT SIDHU,
`Plaintiffs-Cross-Appellants
`
`ELISIO SCARES, SANDRA GARZA RODRIGUEZ, ERICH SCHROEDER,
`MARINA AGEYEVA, GLENN PETERS, VIRGINIA HOLCOMB,
`Plaintiffs
`
`V.
`
`UNITED STATES,
`Defendant-Appellant
`
`2023-1366, 2023-I4I2
`
`Appeals from the United States Court of Federal Claims in No. 1:17-cv-01277-CFL,
`l:17-cv-09001-CFL, Senior Judge Charles F. Lettow.
`
`MOTION TO RECONSIDER ORDER FOR STRICK
`
`Zheng Luo
`
`pro se plaintiff of related case
`
`Civil Engineer
`
`Oversea licensed attorney
`
`(713)739-8295
`
`coinverso@hotmail.com
`
`

`

`Case: 23-1363 Document: 70 Page: 3 Filed: 09/13/2024
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`INTRODUCTION
`
`For the motion for leave to file amicus curiae brief filed by amicus, the Court
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`issued second notice of non-compliance (DOC 67, Case 23-1363) on August 26,
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`2024, which request amicus to re-submit a Form 8B to address the non-compliance in
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`14 days. On August 27, 2024, the Court issued an order (DOC 68, Case 23-1363),
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`which struck amicus' motion for leave to file amicus curiae brief, due to untimely
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`file a corrected Form 8B; however, that order did not mention and revoke the court
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`notice from the previous day. Apparently, there is a conflict between the order and
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`the notice. This motion, however, is not intended to debate which of the two is valid,
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`but to address the problem of poor mail delivery caused by the Hurricane Beryl and
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`the inability to use Pacer accounts normally.
`
`ARGUMENT
`
`First and foremost, the purpose of amicus' motion for leave to file amicus
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`curiae brief seeks to alert the appeal court to fatal flaws in the trial court's judgment,
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`which is consistent with the purpose of the amicus curiae system. In a Rule-Based
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`Society - the United States, taking a permanent flowage easement from a human
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`habitat both is lacks support of common law and is contrary to the Constitution and
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`Congress Act, even is lacks ethics.
`
`Second, the purpose of amicus in participating in the briefing is not to use the
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`rules to delay the review of this case, but to hope that this case will be heard fairly.
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`

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`Case: 23-1363 Document: 70 Page: 4 Filed: 09/13/2024
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`justly and openly; amicus is also a victim in the issue of this case and has no motive
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`to delay.
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`Third, it is undeniable that the direct causes of this motion are the damage
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`caused by the Hurricane Beryl and the inability to use the Pacer account normally. If
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`these two problems are resolved, the dispute will no longer exist.
`
`A. Hurricane Beryl
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`In July of this year. Hurricane Beryl hit the Houston area with great destructive
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`power, destroying two USPS facilities in this area, resulting in irregular mail delivery
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`since then.
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`This can be confirmed by the mailing process of the first amicus brief
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`submission. On July 18, 2024, amicus sent three mails from the USPS of Houston, at
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`the same time, using the same mailing method, to the Court, the DOJ and the
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`plaintiffs. The mail sent to the Court in DC took more than ten days to be delivered,
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`while DOJ, also in DC, received it in couple days. As for the mail sent to the plaintiff
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`in Dallas, it was shipped to Cincinnati at first. The order and notice this motion
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`focused on were received by amicus on September 9, 2024, which was already
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`beyond the 14 days specified in the notice.
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`B. Pacer account abnormality
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`Amicus has already registered a Pacer account couple months after Hurricane
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`Harvey but hadn't used it until amicus submitted the amicus brief this time. Because
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`

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`Case: 23-1363 Document: 70 Page: 5 Filed: 09/13/2024
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`amicus hadn't used it for a long time, he has forgotten how to log in, and he couldn't
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`abandon the existed account and register again. Moreover, since amicus was living in
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`a Harvey shelter when he registered the Pacer account, he used his Chinese contact
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`address, and needed to change the information to use Pacer again. After looking up
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`the past usage records from an unused I-phone 5, he found the login method and
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`opened the account. But he encountered difficulties again in changing the
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`information, which he could not receive the verification code sent by Pacer
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`But
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`anyway, after more than ten days of trial and error, at 5 a.m. on September 11, 2024,
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`he finally fixed these bugs and was able to use his Pacer account normally and
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`connect to the Court of Appeal for the federal circuit waiting this court's approval.
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`Fourth, needless to say, this brief was submitted very late. Until March of this
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`year, the House Public Works Committee found the information that I requested
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`through FOIA, which involved the original authorization hearing records for the
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`federal projects in this case and was thus linked to a large amount of Congressional
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`records. Amicus brief was based on this congressional information. Rejecting this
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`brief will not eliminate these factual disputes, but will instead lead to future tangled
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`litigation.
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`RQUEST
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`Amicus hereby request that the Court exempt his previous overdue. Attached
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`to this motion, a corrected Form 8B made in accordance with the Court's notice.
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`

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`Case: 23-1363 Document: 70 Page: 6 Filed: 09/13/2024
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`As an alternative, amicus will file an same brief with the updated date as a re
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`filing, and mail it to the Court along with this motion; and also will serve it on the
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`DOJ and Plaintiffs Co-leader Counsel separately, notifying them of the reasons for
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`the re-serve. Amicus has checked the Court's case schedule for the next sessions last
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`night and this case is not on the upcoming schedule.
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`CONCLUSION
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`For the reasons and the request stated above, the Court should re-consideration
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`its order, and processes this motion appropriately.
`
`Dated: September 11, 2024
`
`Respectfully submitted,
`
`/si Zheng Luo
`
`(-Aq/O
`
`(713)739-8295
`
`coinverso@hotmail.com
`
`

`

`Case: 23-1363 Document: 70 Page: 7 Filed: 09/13/2024
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`FORM 8B. Notice of Unrepresented Person Appearance
`
`(Corrected)
`
`Form 8B (p. 1)
`October 2023
`
`UNITED STATES COURT OF APPEALS
`FOR THE FEDERAL CIRCUIT
`
`NOTICE OF UNREPRESENTED PERSON APPEARANCE
`
`Case Number 2023-1363
`
`Short Case Caption Ablan V. US
`
`Instructions: Refer to Federal Circuit Rule 47.3 for requirements governing appearance
`in this court. Unrepresented persons must immediately file an amended Form 8B if contact
`information changes. A motion must be filed to change either the filing or service
`selection during the pendency of the case.
`Complete page 1 of this form and, if applicable, either page 2 or 3 corresponding to your
`filing and service selection. Submit only one of pages 2 or 3; do not submit both.
`
`ENTRY OF APPEARANCE
`I am entering my appearance on my own behalf ("pro se") in the above case.
`Name:
`Zheng Luo
`
`Address: 3411 Pedernales Trails Ln
`Katy, Tx 77450
`Phone: 713-739-8295
`
`Email: coinverso(^hotmail.com
`
`FILING AND SERVICE SELECTION
`
`I will file all documents in the above case (select onlv one):
`□ in paper form by mail or in person, and I elect to receive all service by mail only.
`El
`through the court's electronic filing system, and I have completed page 2 (Consent
`to Electronic Filing and Service); I understand I will receive service by email
`only.
`□ in paper form by mail or in person, and I elect to receive all service by email at the
`above email address and have completed page 3 (Consent to Paper Filing and
`Electronic Service).
`I certify that all information is true and correct and that a failure to abide by the above
`selections may result in my case being delayed or other actions deemed necessary by the
`court.
`Date: 8/12/24
`Signature: ^
`Name:
`Zheng Luo
`
`

`

`Case: 23-1363 Document: 70 Page: 8 Filed: 09/13/2024
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`FORM 8B. Notice of Unrepresented Person Appearance
`
`Form 8B (p. 2)
`October 2023
`
`CONSENT TO ELECTRONIC FILING AND SRRVTrF
`
`Instructions: Please review and check the box verifying your agreement with each item.
`All items must be selected before filing electronically with the court. If you are submitting
`this page, do not submit page 3 of this form.
`0 I have registered as a Non-Attorney filer with this court's electronic filing system
`(CM/ECF) through PACER at www.pacer.uscourts.gov.
`0 I agree to abide by the court's Electronic Filing Procedures, available at
`http://www.cafc.uscourts.gov/contact/clerks-office/filing-resources. I understand the
`court may revoke my electronic filing privileges if 1 repeatedly fail to comply with
`the Electronic Filing Procedures.
`0 I know how to convert a document into portable document format (PDF). I
`understand that I must file all documents for my case in PDF through the court's
`electronic filing system. See Fed. Cir. R. 25(c)(3) for paper copy requirements.
`0 I have regular access to: (1) a computer with internet access, (2) an email account,
`(3) a word processor, (4) a PDF reader and writer, and (5) a scanner to convert
`documents only available in paper format into electronic files.
`0 I understand that I will receive service of public filings only by email in this case. 1
`understand that it is my responsibility to regularly monitor my email and docket to
`ensure I have not missed notifications.
`0 I understand that when I receive a filing notification email (Notice of Docket
`Activity), I will be able to view, save, and print publicly filed documents once
`without charge within 15 days but may then need to pay a fee.
`0 I will ensure the contact information associated with my electronic filer account
`remains current. I understand that the court is not responsible for missed
`notifications resulting from my failure to update my contact information.
`0 I understand that I may only file electronically in this case and I must seek leave of
`the court to revert to mail filing or service. I understand that I must submit a new
`Form 8B for other cases where I wish to file electronically.
`0 I understand I will receive service electronically in future cases where I am a party
`unless I file a Form 8B modifying my service selection in that case.
`
`0 1 understand that the Clerk's Office cannot provide me with technical assistance or
`support with using or viewing email or my browser.
`
`I certify that all information is true and correct and that failure to abide by the above
`selections may result in delays or adverse actions deemed necessary by the court.
`Date: 8/12/24
`Signature:
`I
`
`Name:
`
`Zheng Luo
`
`

`

`Allan xou oi reutA i-Api
`Case: 23-1363 Document: 70 Page: 9 Filed: 09/13/2024
`
`ORIGIN ID:NQIA (713) 739-829S
`ZHENG LUG
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`UNITED STATES US
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`T" US COURT OF FEDERAL CIRCUIT
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