AMENDED Intervention-by-right, PASTOR et al, FAA Top-Safety-Project; Patent, Boeing-737-Max/D Case 2: Stipulation/Summons/Amnd."Intervention-By-Right", dlvd 06/18, signed for by MAURICE DOCKERY
U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS PASTOR, I. G. ABERIN, "MESSIANIC JEWS",§ § MONICA C. FERNANDEZ, § To: Judge Thomas M. Durkin, DAVID F. GALOR, intervention-by-right in consolidated BENJAMIN GAL-OR, Boeing-737-Max-8 Cases, e.g. 18-cv-07686; Applicants-Plaintiffs 19-cv-02394; ...1924; ... 2597; ... v. THE BOEING COMPANY Defendant
§ § § § JURY DEMAND
AMENDED "Intervention-By-Right" Reasons 737-MAX-8-Plaintiffs Should be Jury-Awarded Additional Relief 1. Pursuant to FRCP Rule 24(a), 26, U.S.C. 28A, this Intervention-by-Right is based on: 2. Federal statute explicitly conferring on these applicants unconditional right to intervene, 3. Applicants-plaintiffs' claims-of-interest relate to property or transaction of 737-MAX-8-Cases-Plaintiffs that should be JuryAwarded additional relief for the following reasons: 4. KNOWINGLY, and protected by its criminal retaliations, Boeing designs, produces and delivers stall-(image-above)-sensitive, dangerous, sometimes-deadly, Aeronautics-OnlyObsolete-Flight-control (AOOF), as the AOOF-causing the B-737-Max-8-Catastrophes, rather than the well proven U.S.-F-22-Safety-Inspired-Standard [E.g., defined by U.S. Patent 5,782,431] and enthusiastically praised-funded by FAA-20-Pilots, later Aerospace America, Aviation Week & International Aviation Conferences in China, Russia, Germany. 5.
Without changing engines or airframes, the F-22-Raptor-inspired-safety-revolution easily upgrades all (MANDATORY) air transports THRUST-REVERSERS to easily recover from ANY
1
AMENDED Intervention-by-right, PASTOR et al, FAA Top-Safety-Project; Patent, Boeing-737-Max/D
6. Stall situation in takeoff, in flight, or in landing under strong side-winds, or during recovering from most pilot-errors, AND from ANY 7. Failure of all airframe hydraulics [jet-engines operate their own], AND from ANY 8. Failure of obsolete flight-control that causes, e.g., BOEING-737-Max-8-Catastrophes. 9. WORLD IMPACT was expected to positively affect all air passengers and airlines. 10. GLOBAL INDUSTRIAL BENEFITS were expected by marketing add-on-safety-kits manufactured
in
the
U.S.
by
thrust-reversing,
jet-engines-nacelles
www.zauba.com/importanalysis-thrust+reverser-report.html
companies:
www.zauba.com/USA-import-
data-analysis-thrust+reverser/weight-501-1500/unit-PCS-report.html]. 11. But this SUPERIOR-FLIGHT-SAFETY-STANDARD WAS REFUSED BY BOEING. 12. SAFE-TO-FLY-IN-(moderate)-STALL-STANDARD, [''STOFIS"] requires add-on, lowcost, simple-designed-kits installed-in and integrated-with any and all Thrust-Reversers, which are mandatory on all extant and future air transports. 13. Under civil and criminal law, including prosecution under 18 U.S.C. §§ 1831-1839, charges below against Boeing are presented for KNOWINGLY, that its non-stop-denial of F-22inspired-standard, would cause more to die in stall-induced crashes. 14. Furthermore, by DENYING the highest-feasible, F-22-inspired, re-certification-standard defined
by
US
PATENT
5,782,431
and
FAA-funded
ACD-210,
X88/0/6FA/921000/4104/T1706-STOFIS-project, Boeing liability is clearly determined. 15. Contended Conclusion: For the aforementioned reasons, the Court and JURY should award additional Relief to: (i) Consolidated-Boeing-737-Max-8-plaintiffs, (ii) Stand-Alone-737Max-8-plaintiffs, (iii) Cases-Plaintiffs charging FAA-for criminally yielding to Boeing dictates, or for conspiring with Boeing's reported "poisoned, diseased philosophy". (*) (*) "One pilot called the aircraft's flight manual "inadequate and almost criminally insufficient" in a complaint that lambasted the FAA, Boeing, and the airline operating the plane." https://www.popularmechanics.com/flight/airlines/a26812821/boeing-737-max-8-jetsuspended-united-states/
2
AMENDED Intervention-by-right, PASTOR et al, FAA Top-Safety-Project; Patent, Boeing-737-Max/D
16: In short: Cited FAA-REPORT, patent and minimal exhibits presented herein, provide the Court and Jury with verifiable engineering-evidence-proof of original, cause-of-action of B737-Max-8-criminally-induced-catastrophes, and beyond, by-prayed-revived-revolution. 17. RELEVANT, COURT-ADMISSIBLE-INFORMATION on: (i) Union-of-pilots accusing Boeing of "poisoned, diseased philosophy" and designing "irrecoverable" air-passengers transports,
[www.businessinsider.com/2nd-boeing-737-max-crash-preventable-listening-
pilots-union-says, (ii) 70-Court-Documented-Boeing-Misconducts cited below, (iii) $1.5 billion civil and criminal Boeing-paid-penalties, (cited below), that, combined, with the aforementioned verifiable facts, lead to a-much-further-beyond-conclusion: 18. Neither large-penalties, nor punishing individuals, can stop, change or repair reported Boeing's "Poisoned-Diseased-Philosophy" and its dictum: WE-ARE-SAFETY. PERIOD, as imposed on pilots, air passengers, airlines and GOV-Agencies.
This dictum-"culture"-practice'' is tantamount to Deep-Rooted-Aviation Corruption, that only leads to growing trust-loss in whatever Boeing argues, predicts, states and signs under its fast-diminishing global reputation -- compelling federal issues,
questions and reasons whose expected-outcome-verdicts would affect not only the future flight safety of all in the United States, but in all interconnected-nations, 19. Back to this intervention by right, a need arises for multi-national-panels and investigations of GOLIAT-Boeing's past-to-present contracts, billing-to-and-pays-by-Government, the legalityof-Boeing's-Hired-Congress-Government-Lobbying-Armies, the ulterior drives of Boeing's countless misconducts cited below and of its president invitation shown next.
3
AMENDED Intervention-by-right, PASTOR et al, FAA Top-Safety-Project; Patent, Boeing-737-Max/D
4
AMENDED Intervention-by-right, PASTOR et al, FAA Top-Safety-Project; Patent, Boeing-737-Max/D
5
AMENDED Intervention-by-right, PASTOR et al, FAA Top-Safety-Project; Patent, Boeing-737-Max/D
20. Known v. Unknown Reasons Behind Boeing President's Invitation: KNOWN: Declined profits from classified cruise missile program that was reportedly terminated for not being stealthy enough, or agile enough, and its Advanced Tactical Fighter (ATF) proposal to THE UNITED STATES AIR FORCE, was denied or rejected for not featuring required Stealth and Super Agility, or "supermaneuverability". Should that be associated with the following Boeing Profile? 21. Newly-Discovered 70 Boeing Misconducts | $1.459 billion in penalties
[15 additional in Federal Contractor Misconduct Database (FCMD)]: Date
Total
Instance
Penalty
$1,459,435,145
5/15/2006
Illegal Hiring of Government Officials and Improper $615,000,000 Use of Proprietary Information, Boeing Company 3/28/2019 737 Max 8 Crashes Civil Litigation; Boeing Company; Pending 4/9/2019 737 Max 8 Crashes Shareholder Litigation; Boeing Company; Pending 2018-2019 1:18-cv-07686; 1:19-cv-01924; ... 02394, ... 2597; etc. Pending 9/29/2004 9/29/1998 9/21/2001 9/2/2008 9/1/1997 8/3/2000 8/2/2000 8/13/2009 8/13/1998 8/11/2009 7/31/2014 7/29/2013 7/28/2010 7/17/2009 7/16/2007 6/7/2012 6/30/2008 6/3/2011
6
Delivering Military Aircraft Containing Russian Titanium $7,400,000 (Berry Amendment Violation); Boeing Company; Defense Services to Russia and Elsewhere (Arms Export $10,000,000 Control Act Violation); Boeing Company Werbowsky, et al. v. Boeing et al. (Securities Class Action) $92,500,000 Boeing Company Inflating the Price of B-1 Bomber Towed Decoy System $4,000,000 Boeing Company 777 Aircraft Program (Unallowed Costs); Boeing Company $6,000,000 Roby v. Boeing (Defective Chinook Helicopters); Boeing $54,000,000 Company Aircraft Quality Control Problems; Boeing Company $1,241,000 Defective Work and Overbilling on KC-10; Boeing Company $25,000,000 Defective Pricing; Boeing Company $1,850,000 Quintana v. Boeing (KC-135 Overbilling); Boeing Company $2,000,000 Failure to Negotiate in Good Faith With SPEEA; Boeing Com $0 Redd et al. v. Goodrich Corporation et al. (Product Liability) Pending Boeing Company, Rolls-Royce PLC December 2008 Hornet Jet Crash; Boeing Company Pending Bogota, Colombia Forced Landing Lawsuit; Boeing Company Pending KC-135 and RC-135 Overbilling; Boeing Company $1,093,236 Allison v. Boeing, et al. (Airplane Crash) Pending Boeing Company, United Technologies Corporation Exceeding Limits on Purchases From Foreign Suppliers; Boeing $ $3,000,000 SolidFX v. Jeppesen Sanderson (Breach of Contract, Fraud); $$43,718,205
AMENDED Intervention-by-right, PASTOR et al, FAA Top-Safety-Project; Patent, Boeing-737-Max/D Date 6/27/2011 5/3/2011 5/16/2003 4/4/2003 3/4/2003 3/30/2001 3/28/2006 2/22/2016 2/18/2005 12/10/2012 11/19/1997 11/14/2001 11/1/2012 10/7/2011 10/21/2008 10/16/2013 10/14/2015 10/10/2014 10/1/2014 1/23/2014 1/20/2012 1/15/2010
Instance
Penalty
Boeing Company Improperly Installed Oxygen Systems on B-777 Airliners; $1,050,000 Boeing Company Contract Pricing Problems at Corpus Christi Army Depot; Boeing C $1,600,000 Company Defective Apache Helicopter Fuzz Busters $3,325,000 July 2013 Asiana Airlines Crash; Boeing Company Pending Uncertified Welders (False Claims Act); Boeing Company $492,164 Arms Export Control Act Violation (Transfer of Rocket Data to China); $6,000,000 Boeing Company Wedgetail Project (Arms Export Control Act Violation); Boeing Company $4,200,000 Arms Export Control Act Violation (QRS-11 Gyrochip); Boeing Co $$$$$$15,000,000 Bisht, et al. v. Boeing (Investor Class-Action Lawsuit); Boeing Company Pending United States v. Michael M. Sears (Boeing CFO); Boeing Company $250,000 Time Card Fraud at Integrated Defense Systems Facility; Boeing Company $400,066 Oberman v. McDonnell Douglas (C-17 overcharge); Boeing Company $2,000,000 Machine Tools Export Violation (China); Boeing Company $2,120,000 Violation of SPEEA Collective Bargaining Agreements; Boeing Company$$47,000,000 Alabama Aircraft Industries v. Boeing (Stealing Proprietary Information) Pending Boeing Company ICO Global Telecommunications v. Boeing (Breach of Contract); Boeing $10,000,000 Company October 2010 American Airlines Flight 1640 Emergency Landing; Boeing $2,271,652 Company U.S. ex rel. Webb v. Boeing (Improper Labor Charges); Boeing Company $18,115,000 U.S. ex rel. Craddock v. Boeing (Improper Labor Charges); Boeing Company $23,000,000 Intelligence Contract Time and Attendance Fraud; Boeing Company $24,024 Cancellation of A-12 Program; Boeing Co, General Dynamics
$200,000,00
Improper Billing on the Chinook Helicopter Program; Boeing Company Bond v. Boeing (Whistleblower Retaliation); Boeing Company
$4,392,780 Pending
•
"Boeing to Pay U.S. Record $615 Million to Resolve Fraud Allegations"
22. 23.
06-412, FOR IMMEDIATE RELEASE, FRIDAY, JUNE 30, 2006, WWW.USDOJ.GOV
https://www.justice.gov/archive/opa/pr/2006/June/06_civ_412.html
"The United States reached final agreement with The Boeing Company
24.
on a record $615 million settlement. The $615 million settlement includes a $565 million civil settlement and a $50 million monetary penalty according to a separate criminal agreement. In documents filed with the criminal court, Druyun admitted that Boeing’s favors in hiring her children and in offering her a position influenced her contracting decisions. Boeing’s low pricing leading the Air Force to favor Boeing in awarding it 19 of the original 28 launch
7
AMENDED Intervention-by-right, PASTOR et al, FAA Top-Safety-Project; Patent, Boeing-737-Max/D
services contracts awarded in October 1998. Prior to this award, Boeing obtained more than 22,000 pages of documents from Lockheed Martin, certain of which contained confidential competition-sensitive or other proprietary information that related to Lockheed’s EELV program and that some of this information was used to unfairly assist Boeing in the EELV competition. Boeing’s conduct resulted in a record 20-month suspension of three of its business units from government contracting.
25.
AMENDED "Intervention-By-Right"
26. Reasons 737-MAX-8-Plaintiffs Should be Jury-Awarded Additional Relief 27. 28.
CLAIMS and PRAYERS FOR JURY-RELIEF
Wherefore, for the aforementioned reasons, this Amended "Intervention-By-Right" is
submitted herein as Stand-Alone-Group-of-5-Claims prayed to be awarded according to:
29. CLAIM I: Charging Defendant, The Boeing Company, to compensate (i) ConsolidatedBoeing-737-Max-8-Cases-Plaintiffs, (ii) Stand-Alone Boeing-737-Max-8-Cases-Plaintiffs, (iii) Plaintiffs charging FAA for (a) criminally yielding to Boeing's aforementioned criminal acts and "poisoned" dictates, (b) knowingly, FAA conspiring with Boeing's reported "poisoned, diseased philosophy", [as partly mirrored by relevant-70-Boeing-Misconducts, (§§ 21 to 24)], (c) For accumulated reasons defined and identified by §§ 4 to 19, [but not limited by], (d) For built deadly designs into all Boeing AOOF-Flight control rather than under FAAF-22-INSPIRED-SAFETY-STANDARD DEFINED BY U.S. PATENT5,782,431 as defined above and presented herein before the Court and JURY, who should award these three-groups Plaintiffs with additional relief.
8
AMENDED Intervention-by-right, PASTOR et al, FAA Top-Safety-Project; Patent, Boeing-737-Max/D
30. CLAIM II: Charged herein against Boeing Company to compensate Applicant-Plaintiff Prof.-Dr. Benjamin Gal-OR, ("BG"), [and through BG, the additional three ApplicantPlaintiffs], for 31. (A) KNOWINGLY, and protected by its criminal retaliations, Boeing designs, produces and delivers stall-sensitive, dangerous, often-deadly, Aeronautics-Only-Obsolete-Flight-control (AOOF), as the AOOF-causing the B-737-Max-8-Catastrophes, rather than the well proven U.S.-F-22-Safety-Inspired-Standard [E.g., defined by U.S. Patent 5,782,431] and enthusiastically praised by FAA-20-Pilots, Aerospace America, Aviation Week and International Aviation Conferences in China, Russia and Germany. 32. (B) Aforementioned Boeing's criminal retaliations caused, induced and inflicted, inside the United States Territories, irreversible, unequivocal loss of net $3.1 million income per year during 24 years since 1995*, (plus due legal, Court-approved, accumulated commercial interest), especially for causing loss of upgrading, extant, mandatory-TR-market supported by F-22-Modified-STOFIS-STANDARD, published and protected by US PATENT 5,782,431, which Boeing has been-criminally forcing FAA not to be imposed on it, first by FAAfunding-termination
of
BOEING-STOFIS-727
flight
testing
ACD-210,
X88/0/6FA/921000/4104/T1706-project, just before proceeding to 2nd-year-funding of flighttesting STOFIS-B-737, STOFIS-B-747, STOFIS-MD-10, etc., AND for 33. (C) Effecting Frauds-on-Federal-Courts, such as there is no patent, no alleged damage, no alleged loss, no alleged-contract-breach with an unsolicited, non-American, coming here to charge Boeing with baseless, frivolous, bad-faith-allegations. 34. These, together, are charged against Boeing, plus the next:
CLAIM III: Incorporating herein Claim-II vis-Ă -vis Boeing's additional caused and
34.
9
AMENDED Intervention-by-right, PASTOR et al, FAA Top-Safety-Project; Patent, Boeing-737-Max/D
inflicted average annual $3.1 million net income lost from EXPORT during 1995-2019, namely $3.1 million times 24, as in Claim II (plus due legal, Court-approved accumulated commercial interest), specifically charged for 35.
(D)
Boeing's
caused
LARGE-GLOBAL-MARKET-EXPORT-LOSS
of
U.S.
MANUFACTURING of FAA-APPROVED flight-safety-kits, AND EXPORT OF U.S. certification of MANDATORY THRUST-REVERSERS IN POTENTIAL GLOBAL TRMARKETS
that
had
been
intentionally
destroyed
by
Boeing:
https://www.zauba.com/importanalysis-thrust+reverser-report.html
-- and
https://www.zauba.com/USA-import-data-analysis-thrust+reverser/weight-501-1500/unitPCS-report.html
36. CLAIM IV: Charging Boeing for unspecified amount for health-induced or caused damages, inter alia for life-quality-reduction with expected-life-longevity-reduction, accelerated by Boeing's non-stop, criminal retaliations AND its other, aforementioned actions, allegedly giving rise to (a) aggressive, Grade-D Colon Cancer [which had not been in the family before], (b) 1998-HADASA-HOSPITAL-Jerusalem-operation, (c) 21-years treatments in hospitals, doctors-clinics, care-providers, medicines, transportation to Israel, EU, U.S., Philippines, (d) TEMPORARY STROKE diagnosed in Florida, U.S. post litigation against Boeing, that led to heart-stent-operation in St LUKE'S HOSPITAL, MANILA, in 2008.
37. CLAIM V: Charging Boeing for non-stop retaliations AND for its other aforementioned actions that adversely affect and reduce creation-time-ability to upgrade two revolutions: 38. New Astrophysical Thermodynamics based on Einsteinian-Gravitational-General-RelativisticDynamics, and JETONAUTICS-STEALTH-REVOLUTION, civil and military.
10
AMENDED Intervention-by-right, PASTOR et al, FAA Top-Safety-Project; Patent, Boeing-737-Max/D
APPENDIX A
39. Court Leave pleaded herein to SUBMIT supplements to this Amended Interventionby-Right, e.g., Public-Notary-Certified Additional Exhibits, Records, Reports, References, Names, phone numbers, dates, known last locations, relevant Monetary Accounts, e.g.: a.
All original, 7 PIA-filed pages, and references cited
b.
4 original and 4 translation pages of A78402, 80532,106145,106165.
c.
Source of unclassified PIA-IMPORT BECOMING U.S. Patent 5,782,431.
d.
Classified Israeli Committee vs. PIA-A78402-BASED EXPORT TO BOEING.
e.
8-YEARS LITIGATION IN ISRAEL v. PRIME MINISTER BELATED ORDER
f.
THE 1994 RELIEF PROVIDED BY THE SUPREME COURT OF ISRAEL.
g.
FIRST THEFT ATTEMPT OF PIA-78402-BASED-IP on AIR-COMBAT DESIGNS.
h.
FIRST CRIMINAL RETALIATION AGAINST BG AT USAF-WPAFB DEFUSED.
i.
CRIMINAL ACTIONS OF USAF-WPAFB-FLIGHT-DYNAMICS EMPLOYEE.
j.
X-36-DEFRAUDING AMERICAN TAXPAYERS, GAO, CONGRESS, USG, BG.
k.
RECORDS EXCERPTS of FRAUDS-ON-FEDERAL-COURTS.
l.
WHISTLEBLOWER BG ON DOTAN/GE-FRAUDS-$69.5 million pay back to USG.
m.
Cobra-SACOM, 1982-1987 lab-ground tests, early first flights, [3 Videos].
n.
Photos, drawing and diagrams of Shirley Tark Jet Engines Laboratory, JEL, TIIT.
o.
Photos-data of Tailless, Stealth early WIND TUNNELING TESTED MODELS.
p.
How A78402 inventions are full-scale evaluated by the JEL laboratory.
q.
How SACOM are calibrated for first in history stealth-JES flight-tests.
r.
Post-stall instrumentation for PROTOTYPES to be flight tested, [Video]
s.
Two-computers/VIDEO-instrumentation-calibration-recording methods.
t.
Mathematical formulations of flight-tested civil and military full-scale prototypes.
11
AMENDED Intervention-by-right, PASTOR et al, FAA Top-Safety-Project; Patent, Boeing-737-Max/D
u. history-firsts video-proof.
12
Report/video: 1987-invited-visit-to-WPAFB, for
AMENDED Intervention-by-right, PASTOR et al, FAA Top-Safety-Project; Patent, Boeing-737-Max/D
13
AMENDED Intervention-by-right, PASTOR et al, FAA Top-Safety-Project; Patent, Boeing-737-Max/D
14
AMENDED Intervention-by-right, PASTOR et al, FAA Top-Safety-Project; Patent, Boeing-737-Max/D
U.S. AIR FORCE & NATO PUBLICATION, [U.S., UK, GERMANY, JAPAN] "Benjamin Gal-Or & Wolfgang Herbst have influenced the direction of fighter aircraft design. “Many of Gal-Or's ideas, and those of Herbst, are now being tested and flown operationally", "Their technology will offer new challenges." "Solving the inevitable human points problems that will emerge, involve questioning established doctrine and reaching for innovative and imaginative solution." https://www.sto.nato.int/publications/.../RTO-TR-015/TR015-$$ALL.pdf; 2 VIDEOS: (1) https://www.youtube.com/watch?v=7845hysKs2s, [Short video, introduction] (2) https://www.youtube.com/watch?v=H-YK6vTiINI, [Long video, with captions].
15
AMENDED Intervention-by-right, PASTOR et al, FAA Top-Safety-Project; Patent, Boeing-737-Max/D
Respectfully signed and submitted on
.......3rd...... of JUNE 2019, by
PASTOR Ireneo Gapuz Aberin of "MESSIANIC JEWS", maintaining religious activities at 2292 Emerald Street, Corner with Ruby Street, Rocka Village II, Tabang, Plaridel City, Bulacan, Philippines 3004, TEL. +63-906-386-1759, EMAIL igaberin@yahoo.com /S/ MONICA C. FERNANDEZ, residing at family residence at Baldosa Street, Phase 3, Block 10, Lot 11, La-Residencia, Calumpit, Bulacan, Philippines 3003, TEL +63-949564-9788, email galor1benjamin@gmail.com /S/ DAVID FERNANDEZ GALOR, Minor residing with his family at same address.
/S/
Corresponding Applicant-Plaintiff: Prof.-Dr. Benjamin Gal-Or, residing with his family at same address and same email. /S/
CERTIFICATE OF SERVICE THIS AMENDED INTERVENTION-BY-RIGHT REPLACES THE FIRST, MAY-30-2019 DELIVERED AND SIGNED FOR BY PETER W (LBC TRACKING No. 1913 9238 5078]. Following reading and understanding of the various notes and instructions posted by HON JUDGE Thomas M. Durkin, we, the undersigned, mail today, by LBC special delivery, airexpress, 4 copies of "AMENDED "Intervention-By-Right" FAA-Report and Patent prove "irrecoverable" safe flight means of all Boeing' transports to the HON JUDGE Thomas M. Durkin, at Chambers 1446, U.S. COURTHOUSE, 219 South Dearborn Street, Chicago, IL, 60604, USA, Tel 312 435 5840 or ... 6870 via LBC, with internet tacking number 1913 9238 5098 delivered on JUNE 06, 2019, signed for by DEPUTY TO JUDGE DURKIN: HEATHER Respectfully signed and submitted on .......3rd...... of JUNE 2019 by Signature of PASTOR Ireneo Gapuz Aberin for "MESSIANIC JEWS", /S/ Signature of MONICA C. FERNANDEZ, /S/ /S/ Signature of DAVID FERNANDEZ GALOR, /S/ Corresponding Applicant-Plaintiff' Signature of Prof.-Dr. Benjamin Gal-Or
16
/S/