Dr. Usha Jain who is the director of Emergicare Medical Center also owns the hotel in Clermont.
Rick Strong who is the attorney for the Health Department was charging the fine for accidental spill of the sewage. The Jains were diligent in fixing the problems but he still pursued the unwarranted claim and finally dropped it.
Also Chuck Johnson who refused to give the conflict of interest because he knows Rick Storng and was influenced in his decision. Dr. Jain filed a motion for recusal of Special Master in the County Enforcement Court.
Following is the motion filed Dr. Usha Jain which is legally sufficient for disqualification
BEFORE THE SPECIAL MASTER
LAKE COUNTY, STATE OF FLORIDA
Case no. 2016-02-0012
Case no 2016010328
JAY DURGA ENTERPRISES, INC
FIKIAPARAS ENTERPRISES) INC.,
RESPONDENTS DR. USHA JAIN’S AND MANOHAR JAIN’S EMERGENCY MOTION AND AFFIDAVIT IN SUPPORT OF MOTION FOR RECUSAL OF SPECIAL MASTER CHUCK JOHNSON
COMES NOW, Dr. Usha Jain and Manohar Jain appearing pro se, EVEN when Jay Durga Party does not exist. Respondent Manohar Jain and Dr. Usha Jain, (hereinafter “Respoondents”), appearing pro se, and respectfully move the court pursuant to rule 20 CFR 404.940 and 416.1440 GRANT THE ORDER to the RESPONDENTS for their REQUEST FOR DISQULIFICATON OF Special master Chuck Johnson immediately on an emergency basis for the alleged fear of personal bias of Special Master against pro se litigants status of the Respondents and also collaboration of Rick Strong with Chuck Johnson. Chuck Johnson is biased in considering the fact finders and should be recused immediately. The respondent request a judicial reassignment. Respondent states that this motion is done in good faith to preempt further injustice in the case and is done in a hope, to have impartial administration of justice This motion is done as a final resort to prevent further injustice because Respondents are pro se litigants and do not see any other option but to file this motion.
The motion is done in good faith in the interest of the administration of justice. This motion is done timely
State of Florida, County of Orange
Respondents pro se litigants, Dr. Usha Jain and Manohar Jain being duly sworn, say that the following is true:
Respondents Pro Se litigant make this affidavit based upon personal knowledge and we both are competent to testify to the matters stated herein.
This motion is done in GOOD FAITH because of the prejudice and bias of Chuck Johnson to Indian owners of small business and also alleged fear of collaboration because of conflict of interest of knowing of Rick Strong who has personal vendetta against Dr. Usha Jain. Respondents have to file this motion to prevent further impropriety in this case. This motion is not done to (i) harass (ii) to cause unnecessary delay or (iii) increase the cost of litigation (iv)or for any other improper purpose
The motion is based on the following:
Alleged Fear of Partial and prejudice to Indian Owners of Small Business
- Special Master Chuck Johnson did not want to look at the motion of extension in the hearing of March 9th 2016 and stated that “NOT TAKING ANY ACTION REGARD TO THE MOTION.”
- The recommendation by the code officer and Diana Johnson was to give 45 days to the Respondents to repair the sign and also to give time to bring the back building in compliance.
- Chuck Johnson gave the order to remove the signs even when the signs are grandfathered in that means the sign has a nonconforming status.
- Code officer recommended to repair the sign but the Special Master gave the order to remove the sign which did not follow any essential facts of the law.(1st bias)
- Respondent were never given an extension because Special Master refused and stated that “NOT TAKING ANY ACTION REGARD TO THE MOTION.”
- Motion for extension was never looked at by the Special Master.(2nd bias for not refusing to look at the fact finder)
- The order was received in few days and Dr. Jain asked for reconsideration of the order because their motion for extension for health reasons was not considered.(3rd bias)
- Special Master agreed to hear that in the next hearing which was 30 days later. (4th bias –Special Master knew that fine is accruing but still wanted to wait for 30 days)
- Jain has sent motions for stay and also conflict of interest in order to get the impartial administration of justice.
- Special Master failed to order on motion to stay.(5th bias)
- Special Master ignored the motion for conflict of interest and failed to render an order on that motion.(6th bias)
- Chuck Johnson denied the motion for reconsideration despite the fact that Mr. Jain submitted the motion to get an extension for the hearing. Medical condition did not even mean anything to Special Master (6th bias-duping the Respondents by letting them wait for 30 days for motion for reconsideration even when the fine was accruing)
Intentional Violation of Due Process
- Special Master never heard the case of the Respondents at all which is a violation of due process. (7th bias)
- Extension was not granted even when the motion was submitted and subsequently denied the reconsideration. Regular Court even grant the extension specially for the sickness. (8th bias)
- Special Master did not give the chance to Respondents to represent their case. Sign has a nonconforming status and was fixed long time ago and has been in compliance but it law of the ordinance did not even matter. (9th bias)
- Chuck David Johnson gave the order to remove the sign which has nonconforming status which was not even asked by the code officers. Attorney Diana gave 45 days to repair but seemed like Chuck Johnson was influenced by Rick Strong to hurt Dr. Jain.(10th bias)
- Step further, Special Master went out of the way to give the order which did not even make sense so the fine would be automatically accrue. He abused his power and violated the professional obligation to the legal system. (11th bias)
- Chuck Johnson’s opinion was already predetermined to hurt the Jains which is evident by not reading and responding to the motion for conflict of interest either.(12th bias)
- Chuck Johnson failed to consider the motion to stay and also is biased and predetermined.(13th bias)
- Violation was given by the code officers to the company which does not even exist. Special Master Chuck Johnson did not even care and gave the order anyway instead of requiring the code officers to do the right thing. Violation is given to the company which does not even exist in the state of Florida. (14th bias).
- Melanie Marsh representing the County totally ignores that the notice needed to be given to the right party.
- The motion was filed for noticing the wrong party and to be corrected but they ignore that.
- Chuck Johnson is biased against the Jains and Respondents have an alleged fear of not getting the justice because of the prejudice.
- Chuck Johnson did not consider any facts before giving the order (shows the bias)
- Chuck Johnson had all the motions which was given to Jamie Davis but Chuck Johnson did not bother looking at any of the facts.
- Respondents also have alleged fear of prejudice to their case and suspect a collaboration and influential effect of Rick Strong attorney who did many things wrong to Dr. Usha Jain and is being investigated by the bar..
- Chuck Johnson is giving the order without considering the fact finder and that leads to Respondents’ alleged fear of impartial justice and the collaboration with Rick Strong. Special Master Chuck Johnson is given the power to whatever fine is necessary so the Jains can lose everything.
Fear of Alleged Collaboration with Rick Strong and Predetermined Opinion
- Jain and Mr. Jain were given all kind of violations on both their properties which are adjacent to each other in January of 2016. The complaints were generated by the Health Department. Rick Strong represents the Health Department.
- The inspectors came secondary to the complaint of Health Department.
- All these violations came across because attorney Rick Strong from the Department of Health has been trying different ways to hurt Dr. Jain
- The Respondent Jain fears an alleged influence and collaboration of Rick Strong and Chuck Johnson
- Originally, Mr. Jain could not go for the hearing because of health reasons and filed a motion for extension.
- Chuck Johnson refused to look at the motion and said that “NOT TAKING ANY ACTION REGARD TO THE MOTION.” and gave the order without giving a chance to the respondent to present their case. (1st bias)
- Rick Strong has a personal vendetta against Dr. Usha Jain since June of 2015.
- Usha Jain challenged the Govt, employees about refusing the appointment to Dr. Jain at 8 AM in June, 2015.
- Attorney Rick Strong brewed the revenge and tried to get Dr. Jain by complaining to MQA (Medical Quality Assurance)
- Jain worked many diligent hours to answer the false accusation of Rick Strong and Dr. Jain’s case got cleared from MQA.
- Rick Strong decided that nothing could be done to Dr. Jain by MQA so then he went on and complained to all the inspectors of the hotel in Clermont. All the inspectors including Rodney Lucas, supervisor did not want to give an appointment to Dr. Jain to go over the violations and discuss the resolution.
- On March 9, 2016, the hearing was held and respondent submitted the motion as Mr. Jain who was having problems with his knee.
- Special Master gave the order by saying that he is not taking any action on the motion.
- Special Master gave the order to remove the sign when the code officer were ready to give 45 days for the repair.
- Special Master did not even consider the recommendation of the code officer and went beyond to hurt Dr. Jain by giving the order which violates the due process of the e Respondents. Respondents have an alleged fear of collaboration of Chuck David Johnson and attorney Rick Strong of the Health Department. The case of Respondent Jain is already prejudiced by Chuck Davd Johnson and this motion is to preempt further justice.
- Motion of Dr. Jain was not even considered by the Special Master which was a fact finder and was stated that “NOT TAKING ANY ACTION REGARD TO THE MOTION.”
- Conflict of interest with Rick Strong was totally ignored by Chuck David Johnson. Respondent motions were never considered.
Affidavits for Legal Sufficiency of Motion to Disqualify
Respondents have two separate sworn affidavits to satisfy legal sufficiency of the motion for recusal.
- Respondents have given A MOTION Affidavit by signing the motion under oath and also a separate joint affidavit about the true contents in the motion for Recusal. Exhibit (Affidavit of Respondents Jains for the motion to recuse to make it legally sufficient.)
- Respondents pro se litigants state that motion for disqualification is done in good faith by the Respondents for personal bias and not for judicial bias. The motion is submitted because Respondents have exhausted all the amicable efforts for resolution. Respondents’ case is already prejudiced and this motion is an attempt to preempt further biased justice. This motion is in GOOD FAITH to keep the justice fair and impartial. Exhibit (Affidavit of Respondents Jains for the motion for disqualification of Special Master Chuck Johnson
Motion for Disqualification is Timely
- Motion is timely and is well within the time of 10 day after discovery of the facts constituting the grounds for motion May 23, 2016.
Motion was Never Filed before for Disqualification by the Respondents in the Case
- Respondent was never afforded procedural due process.
- Essential requirement of the law were not observed. Fact finder motion was not considered by making a statement “NOT TAKING ANY ACTION REGARD TO THE MOTION.”
- Administrative Findings were not supported by competent substantial evidence.
WHEREFORE, for the foregoing reasons Dr. Usha Jain and Manohar Jain request that the Special Master gets recused from the case and judicial reassignment should be done with someone who is not biased and not connected to Rick Strong.
Respectfully submitted on May 31, 2016.
Dr Usha Jain Pro Se Manohar Jain Pro Se
4800 S. Apopka-Vineland Rd 4800 S. Apopka Vineland Road, Orlando, FL 32819 Orlando, FL 32819
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