Motion for“Cease and Desist Order”, TRO “Temporary Restraining Order” “Preliminary Injunction” and “Order to Show Cause”.
CASE NO. 17- 20321 UNITED STATES COURT OF APPEALS FIFTH CIRCUIT
CASE NO. 17- 20321
UNITED STATES COURT OF APPEALS FIFTH CIRCUIT
Louis Charles Hamilton, II,
Plaintiff-Appellant
Motion for “Cease and Desist Order”, TRO “Temporary Restraining Order” “Preliminary Injunction” and “Order to Show Cause”.
V.
Joe Czyzyk, Chairman, Chief Executive Officer of United States Veterans Initiative; United States Veterans United States Veterans Initiative, et al, Chief Defendant; United States Veterans Initiative, et al, United States Veterans Houston @ The DeGeorge ; United States Veterans Services Center “Employee” John Doe One; United States Veterans Services Center “Employee”, John Doe Two; United States Veterans United States Veterans Initiative, et al, Program Manager “Rex Marsav”; United States Veterans Service Center Coordinator, Melissia Whitley”; United States Veteran Service Center, Linda Adewole” B.A.; United States Veterans Service Center “Employee” Jane Doe Three; United States Veterans Service Center “Employee” John Doe Four; United States Veterans Service Center “Employee” John Doe Five; United States Veterans Houston at the Degeorge
Defendant – Appellee
Motion for “Cease and Desist Order”, TRO “Temporary Restraining Order” “Preliminary Injunction” and “Order to Show Cause”, why defendant Donald John Trump, Sr., 45th President, on behalf of defendant (USA) et al conceal, collusion, conspire, and provide cover up legal leadership as acting executive officer of defendant (USA) et al engaging further on behalf of “whites Supremacy” GOP Republican Party Judicial Government criminal/civil RICO Fraud in hiding, obscure, cover up, defendant (USA) et al interstate mail and wire fraud conspiring in fraudulent Official government Documents that Establish fraudulent “Plaintiffs Black Lives Matter” false Employment Eligibility” upon defendant Fortune 500 companies Corporations et al, and defendant (DOD) department of defense
“Employment Verification Documents” and Military employment records of Plaintiff official legal status being “Slaves”, collective, Louis Charles Hamilton, II, Plaintiff - Appellant moves before the “Court” on additional joining Motion to file in Leave of Court Respectfully Requesting to exceed Word Count 5200 for the direct manipulation of defendant civil rights in obscuring, alter, delete, manipulation and direct destroying the exact government records of defendant (USA) “Slavery History”, direct “systematic destroying the exact Freedom Papers, Manumissions, emancipations documents, proved the free legal status of all 44.5 Million Plaintiff Negro Race person(s) served legal affidavit of slave freedom papers against the fraudulent ratified
13th Amendment committed in passage February 7th 2013 that each Plaintiff Negro Slave status Manumissions and emancipations were being legal in defendant (USA) 1865 documents that made official the act of setting a Negro Plaintiff Black DNA race person (actually) physically free from slavery of defendant (USA) by a living or deceased slaveholder as this was to protect “Plaintiff Black Lives Matter” from slave continue “whites supremacy” catchers and kidnappers, as this Manumission, from manumit /ˌmænjəˈmɪt/, the legal act of a slave owner freeing his or her Plaintiff Black Lives Matter slaves, making a “freedman or freedwoman”
a (claimed) fraudulent defendant (USA) former slave who has been released from slavery, of defendant (USA) et al as this usually was claimed by legal means as this Historically, never occurred in 1865 Civil War aftermath as document in several complaints filed 2011 2017 that Plaintiff Black Lives Matter slaves being actually not descendants but “slaves them self” tricked by “white Man” continue deceit with the aid of (Negros) upon which Plaintiffs Black Lives Matter” were never freed either by manumission (granted freedom by their owner) or never freed either by emancipation (granted freedom as part of a larger group), by defendant (USA) as the 13th amendment granting actual freedom was manipulated for
148 years until defendant (USA) State of “Mississippi” actually in law and equity, committed freedom documents in actually ratified the 13th Amendment upon that Legal Moment February 7th 2013 that made official the act of setting all Negro Plaintiff Black DNA race person(s), and Louis Charles Hamilton, II, Plaintiff - Appellant Cmdr. US Navy (actually) physically free from slavery of defendant (USA) et al, Defendant Donald John Trump, Sr., 45th President, including physically free from slavery of all Co-Defendant(s) “Slave Trade past, present
Fortune 500 companies Corporations et al, “Slave Traders herein continue secret collusion RICO endeavor collusion, in interstate and International mail and wire fraud scheme of things by official conspiring in fraudulent producing Official government “employment Verification documents” and employment records, after the destruction of all “Plaintiff Entire USA Freedom Papers proved the free status of all negro race plaintiff person(s) and served as a legal affidavit being committed to now in 2017
showing fraudulent “legal citizenship status” of defendant (USA) fraud by non-disclosure of actual physical “enslavement” crimes, with destroyed manumission Freedom Papers (granted freedom by their owner) and directly defendant (USA) official destroyed Plaintiff Abe Lincoln emancipation (granted freedom as part of a larger of Plaintiff Black Lives Matter group), criminal actions of defendant (USA) et al as a Unit directed against all living and dead
“Plaintiff Black Lives Matter” peace, will, and dignity in defendant (USA) crimes of slavery by Fraud by Non-Disclosure, the 13th Amendment was not completed in “legal status freedom by government decree ratification for 148 years of “white Man” secret in maintain defendant (USA) et al, Federal Reserve Bank et al, Fortune 500 companies Corporations et al, “Slave Traders” herein continue secret collusion RICO endeavor in “Force Slavery” scheme of things well maintain all trimming of crimes against humanity violation of defendant (USA) own rules of governing laws pursuant to RICO since August 20th 1619 – February 7th 2013 being crimes against humanity 18 U.S.C. § 1589 (forced labor), 18 U.S.C. § 1590 (trafficking with respect to peonage, slavery, involuntary servitude, or forced labor),“Slavery Servitude” money laundering statutes, 18 U.S.C. 1956 and 1957, “Slavery Servitude” money laundering statutes, RICO statute (18 U.S.C. § 1961(1)
Being 1000% in direct violation of the “Chief Defendant “United States of America” et al on governing rules of Laws, there after the passage of the 13th Amendment of the United States of America Constitution, ratified well legal in law and equity delinquent 148 years later well into 2013 on the 7th day against the peace, will, and dignity of held “plaintiff slaves” of defendant (USA) crime in RICO 1865 false, fraudulent void version of just claimed defendant (USA) 13th Amendment government never ratified “plaintiff slaves” freedom for said ongoing Judicial manipulation in among other things “Obstruction of Justice” 13th Amendment government never ratified for 148 years after the passage
Being the defendant (USA) absolute Direct Destruction of the 14th Amendment There after direct atSlave Negro Louis Charles Hamilton II Cmdr. (Secret Service) USN #2712, Pro Se Plaintiff - Appellant
Co-Plaintiff Slave Negro US Veteran Jeffery Tavery Last Four SS # 3120
Co-Plaintiff Slave Negro US Veteran Robert Vaughan Last Four SS # 9279
Co-Plaintiff Slave Negro US Veteran Avery Brown Last Four SS# 6612.,
Co-Plaintiff Slave Negro US Veteran Exactly 1.8 (Million)
And all others “Current” 42.7 Negro Slaves of United State of America similarly the same situated, “Plaintiff Black Lives Matter”, further appearances being official “Slaves” and noncitizens TRO “Temporary Restraining Order” “Preliminary Injunction” and “Order to Show Cause”, defendant(s) collective collusion, RICO Federal/State/local interstate mail and wire fraud, including “International mail and wire fraud, conspiring in fraudulent Official defendant (USA) et al government “employment Verification documents” and “employment records” showing fraudulent “legal citizenship status”
Louis Charles Hamilton, II, Plaintiff - Appellant Joining Motion in Leave of Court to file exceeding 5200 word count against listed defendants (USA) et al Slave Trade Corporations:
United States Veterans United States Veterans Initiative, et al
AETNA 151 Farmington Avenue. Hartford, CT 06156
CSX 500 Water StreetJacksonville, FL 32202
Lehman Brothers, Inc. 745 Seventh Avenue 5th Floor New York, NY 10019
New York Life 51 Madison Avenue New York, NY 10010
Wells Fargo 420 Montgomery Street San Francisco, CA 94104
N M Rothschild & Sons Bank in London New Court, St Swithin's Ln, London EC4N 8AL, United Kingdom
Norfolk Southern Three Commercial Place, Norfolk, Va. 23510
E. W. Scripps Company 312 Walnut Street Suite 2800 Cincinnati, OH 45202
Canadian National Railway Company 935 de La Gauchetière Street West Montreal, Quebec H3B 2M9 Canada
Brown Brothers Harriman & Co 140 Broadway New York, NY 10005-1101
Brooks Brothers 346 Madison Ave. New York, NY 10017
Barclays 2 Churchhill Place, Canary Wharf, London E14 5RB, U.K
AIG Inc. 175 Water St New York, NY, 10038
NASA Headquarters 300 E Street SW Washington DC 20024-3210
1 Wal-Mart Stores Address: 702 SW 8th St, Bentonville, AR 72716
Phone:(479) 273-4000
2 Exxon Mobil 5959 Las Colinas Boulevard Irving, Texas 75039-2298 (972) 444-1000
3 Chevron 6001 Bollinger Canyon Road San Ramon, CA 94583, USA
4 Berkshire Hathaway 3555 Farnam St Suite 1440 Omaha, NE 68131
5 Apple 1 Infinite Loop Cupertino, CA 95014 (408) 996–1010
6 Phillips 66 3010 BriarparkDr, Houston, TX 77042
7 General Motors 300 Renaissance Ctr, Ste L1 Detroit, Michigan 48226 Phone (313) 556-5000
8 Ford Motor 1 American Road P.O. Box 6248. Dearborn, Michigan 48126-2798
9 General Electric 3135 Easton Turnpike, Fairfield, CT 06828
10 Valero Energy One Valero Way San Antonio, Texas 78249 (210) 345-2000
11 AT&T 208 S. Akard St. Dallas, TX 75202
12 CVS Caremark One CVS Drive Woonsocket, RI 02895
13 Fannie Mae 3900 Wisconsin Ave Washington, DC 20016
14 UnitedHealth Group 9900 Bren Rd E. Minnetonka, MN, 55343
15 McKesson One Post Street San Francisco, CA 94104
16 Verizon Communications 140 West Street New York, NY 10007
17 Hewlett-Packard 3000 Hanover Street. Palo Alto, CA 94304-1185
18 J.P. Morgan Chase & Co 270 Park AveNew York, NY 10017-2014
19 Costco Wholesale 999 Lake DriveIssaquah, WA 98027
20 Express Scripts Holding 1 Express Way ST. LOUIS, MO 63121-1824
21 Bank of America 100 North Tryon Street, Charlotte, NC 28255
22 Cardinal Health 7000 Cardinal Place Dublin, OH 43017
23 International Business Machines 1 New Orchard Road Armonk, New York 10504-1722
24 Kroger 1014 Vine Street Cincinnati, OH 45202-1100
25 Marathon Petroleum 539 South Main Street Findlay, OH 45840
26. Citi Group 399 Park Avenue New York, New York 10043
27. Archer Daniels Midland 77 West Wacker Drive Chicago, Illinois
28. AmerisourceBergen 1300 Morris Drive; Chesterbrook, PA 19087
29. Wells Fargo 420 Montgomery Street. San Francisco, CA 94104
30. Boeing 100 North Riverside Chicago, Illinois 60606
31. Procter and Gamble Corporate Office Headquarters One Procter & Gamble Plaza Cincinnati, OH 45202
32. Freddie Mac 8200 Jones Branch Drive. McLean, VA 22102-3110.
33. Home Depot 2455 Paces Ferry Rd NW, Atlanta, GA 30339
34. Microsoft One Microsoft Way Redmond, WA 98052-6399
35. Amazon.com 410 Terry Ave N Seattle, WA 98109
36. Target 1000 Nicollet Mall Minneapolis, Minnesota 55403
37. Wal-Greens Co. 200 Wilmot Rd Deerfield, Illinois 60015
38. WellPoint 120 Monument Circle. Indianapolis, IN 46204-4903
39. Johnson & Johnson One Johnson & Johnson Plaza New Brunswick, New Jersey 08933
40. American International Group 175 Water St. New York, NY, 10038
41. State Farm Insurance 1 State Farm Plz Bloomington, IL 61710
42. MetLife 200 Park Avenue. New York, NY 10166
43. PepsiCo 700 Anderson Hill Road, Purchase, New York 10577
44. Comcast 1701 JFK Boulevard. Philadelphia, PA 19103
45. United Technologies 10 Farm Springs Rd. Farmington, CT 06032
46. Google 1600 Amphitheatre Parkway. Mountain View, CA 94043
47 ConocoPhillips 600 North Dairy Ashford Houston, TX 77079
48. Dow Chemical 2030 Dow Center Midland, MI 48674
49. Caterpillar 100 NE Adams St, Peoria, IL 61629
50. U.P.S. 55 Glenlake Parkway, NE. Atlanta , GA 30328.
51. Pfizer 610 Main St, Cambridge, MA 02139
52. Lowe's Companies 1000 Lowes Blvd, Mooresville, NC 28117
53. Intel Corporation 2200 Mission College Blvd. Santa Clara, CA
54. Energy Transfer Equity, L.P. 3738 Oak Lawn Ave DALLAS, TX 75219-4333
55. Cisco Systems, Inc 170 West Tasman Drive San Jose, CA 95134-1706
56. Enterprise Products 1100 Louisiana St, Houston, TX 77002
57. AETNA 151 Farmington Avenue. Hartford, CT 06156
58. The Coca-Cola Company 1 Coca Cola PlzNw Atlanta, GA 30313
59. Lockheed Martin Corporation 6801 Rockledge Dr Bethesda, MD 20817-1877
60. Best Buy Co., Inc 7601 Penn Avenue South Richfield Minnesota 55423
61. The Walt Disney Company 500 South Buena Vista Street MC 9722. Burbank, California 91521
62. CHS Inc 5500 CenexDr, Inver Grove Heights, MN 55077
63. Sysco Corporation 1390 Enclave Pkwy, Houston, TX 77077
64. FedEx Corporation 942 S Shady Grove Rd, Memphis, TN 38119
65. Merck & Co., Inc 2000 Galloping Hill Road. Kenilworth, N.J. 07033
66. INTL FCStoneInc 708 Third Avenue New York, New York 10017
67. Safeway Inc 5918 Stoneridge Mall Rd, Pleasanton, CA 94588
68. Johnson Controls 5757 N. Green Bay Ave. P.O. Box 591. Milwaukee, WI 53201
69. Ingram Micro Inc 3351 Michelson Drive, Suite 100. Irvine, CA 92612-0697
70. Plains GP Holdings 333 CLAY ST SUITE 1600 HOUSTON, TX 77002
71. World Fuel Services Corporation 9800 N.W. 41st Street Miami, FL 33178
72. Prudential Financial 751 Broad Street. Newark, NJ 07102
73. Humana Inc 500 W. Main St. Louisville, KY 40202
74. The Goldman Sachs Group 200 West Street, 29th Floor New York, NY 10282
75. Tesoro Corporation 19100 Ridgewood Pkwy, San Antonio, TX, 78259-1834
76.Liberty Mutual Holding Company 175 Berkeley St., Boston, MA, 02116
77. Honeywell International 101 Columbia Road Morristown, NJ 07962
78. United Continental Holdings 233 S Wacker Dr CHICAGO IL 60606-7147
79. HCA Holdings 1 Park Plaza, Nashville, TN 37203
80. Deere & Company 1 John Deere Pl, Moline, IL 61265
81. Delta Air Lines, Inc 1030 Delta Blvd, Atlanta, GA 30354
82. Oracle Corporation 520 Oracle Pkwy, Redwood City, CA 94065
83. Morgan Stanley 1585 Broadway, New York, NY 10036
84. Hess Corporation 1185 Avenue of the Americas 40th Floor New York, NY 10036
85. Twenty-First Century Fox 1211 Avenue of the Americas NEW YORK, NY 10036
86. E.I. du Pont de Nemours and Company 1007 Market Street Wilmington, DE 19898
87. Sears Holdings Corporation 3333 Beverly Road, Hoffman Estates, IL 60179
88. New York Life Insurance Company 51 Madison Avenue New York, NY 10010
89. Mondelez International, Inc 3 Parkway North Deerfield, IL 60015
90. American Express Company 50th, 200 Vesey St, New York, NY 10285
91. Nationwide Mutual Insurance Co 1 Nationwide Plaza, Columbus, OH, 43215
92. The Allstate Corporation 2775 Sanders Road Northbrook, IL 60062
93. Tyson Foods, Inc 2200 W. Don Tyson Parkway Springdale, AR 72762
94. Supervalu Inc 7075 Flying Cloud Dr, Eden Prairie, MN 55344
95. TIAA-CREF 730 Third Ave. New York, NY 10017
96. Massachusetts Mutual Life Insurance Company 1295 State Street
Springfield, MA 01111
97. CIGNA Corporation 900 Cottage Grove Rd, Bloomfield, CT 06002
98. DIRECTV 2230 E Imperial Hwy. El Segundo, CA 90245
99. General Dynamics Corporation 2941 Fairview Park Dr #100, Falls Church, VA 22042
100. Philip Morris International Inc 6601 W. Broad Street. Richmond, VA 23230-1723
101. 3M Company I-94 and McKnight Rd. St. Paul, MN 55144-1000
102. Time Warner Inc One CNN Center Atlanta, Georgia 30303
103. Halliburton Company 3000 North Sam Houston Parkway East
104. Publix Super Markets, Inc 3300 Publix Corporate Pkwy Lakeland, FL 33811
105 International Paper Company 6400 Poplar Ave, Memphis, TN 38119
106 McDonald's Corporation 2111 McDonald's Dr. Oak Brook, IL 60523.
107 Macy's, Inc. 7 W 7th St, Cincinnati, OH 45202
108 The TJX Companies, Inc. 770 Cochituate Rd, Framingham, MA 01701
109 Fluor Corporation 6700 Las Colinas Blvd. Irving, Texas United States 75039
110 Northwestern Mutual Life Insurance Company,Inc. 720 East Wisconsin Avenue Milwaukee WI 53202-4797
111 Tech Data Corporation 5350 Tech Data Drive Clearwater, FL 33760
112 American Airlines Group Inc. 4333 Amon Carter Blvd Fort Worth, TX 76155
113 The Hartford Financial Services Group, Inc. One Hartford Plaza Hartford, CT 06155
114 The Travelers Companies, Inc. 485 Lexington Avenue New York, NY 10017
115 Nike, Inc. 1 SW BowermanDr Beaverton, Oregon 97005
116 Occidental Petroleum Corporation 5 Greenway Plaza, Suite 110. Houston, Texas 77046-0521
117 Avnet, Inc. 2211 South 47th Street Phoenix, AZ 85034
118 Rite Aid Corporation 433 Railroad Ave, Shiremanstown, PA 17011
119 Exelon Corporation 10 South Dearborn St Chicago, IL 60603
120 Qualcomm Incorporated 5775 Morehouse Drive San Diego, CA 92121
121 Emerson Electric Co. 8000 West Florissant Avenue, P.O. Box 4100. St. Louis, MO 63136
122 Northrop Grumman Corporation 2980 Fairview Park Drive Falls Church, VA 22042
123 Duke Energy Corporation 550 South Tryon Street, Suite 180 Charlotte, North Carolina 28202
124 Capital One Financial Corporation 1680 Capital One Tower Dr, McLean, VA 22102
125 Aflac Incorporated 1932 Wynnton Rd, Columbus, GA 31999
126 Raytheon Company 870 Winter Street Waltham, MA 02451-1449
127 Staples, Inc. 500 Staples Dr, Framingham, MA 01702
128 EMC Corporation 176 South St, Hopkinton, MA 01748
129 Eli Lilly and Company 893 S Delaware St, Indianapolis, IN 46225
130 Alcoa Inc. 390 Park Avenue New York, NY 10022
131 National Oilwell Varco, Inc. 7909 Parkwood Circle DrLbby Houston, TX 77036
132 Baker Hughes Incorporated 2929 Allen Parkway Houston, TX 77019
133 US Foods, Inc. 9399 West Higgins Road Suite 500 Rosemont, IL 60018
134 Time Warner Cable Inc. 60 Columbus Circle New York, NY 10023
135 Union Pacific Corporation 1400 Douglas St., Stop 1560 Omaha, NE 68179
136 Abbott Laboratories 100 Abbott Park Road. Abbott Park, Illinois 60064
137 Xerox Corporation 45 Glover Avenue. Norwalk, CT 06856-4505
138 Arrow Electronics, Inc 7459 S. Lima Street, Building 1, Englewood, CO 80112
139 Kimberly-Clark Corporation 351 Phelps Dr, Irving, TX 75038
140 U.S. Bancorp 800 Nicollet Mall Minneapolis, Minnesota 55402
141 United Services Automobile Association 10750 W I-10. San Antonio, TX 78288
142 Freeport-McMoRan Copper & Gold Inc. 333 N. Central Ave. - Phoenix, AZ 85004
143 Icahn Enterprises L.P. 767 Fifth Avenue, 47th Floor New York, New York 10153
144 ManpowerGroup Inc. 100 Manpower Place Milwaukee, WI 53212
145 HollyFrontier Corporation 2828 N. Harwood, Suite 1300 Dallas, TX 75201
146 Global Partners LP 800 South Street, Suite 500, P.O. Box 9161, Waltham, MA 02454-9161
147. The Goodyear Tire & Rubber Company 200 Innovation Way Akron, Ohio 44316
148. PBF Energy Inc 1 Sylvan Way, 2nd Fl Parsippany NJ, 07054
149 Danaher Corporation 2200 Pennsylvania Ave NW Suite 800W, Washington, DC 20037
150 Nucor Corporation 1915 Rexford Rd Charlotte, NC 28211
151 Kohl's Corporation N56w17000 Ridgewood Dr, Menomonee Falls, WI 53051
152 AbbVie Inc. 1 North Waukegan Road North Chicago, IL 60064
153 Whirlpool Corporation 2000 N M 63 Benton Harbor, Michigan 49022
154 Amgen Inc. 1 Amgen Center Dr, Newbury Park, CA 91320
155 Jabil Circuit, Inc. 10560 Dr. Martin Luther King Jr. St. N, St. Petersburg, FL 33716
156 Kraft Foods Group, Inc. 3 Lakes Dr, Northfield, IL 60093
157 The Progressive Corporation 6300 Wilson Mills Rd. Mayfield Village, Ohio 44143
158 CenturyLink, Inc. 100 CenturylinkDr, Monroe, LA 71203
159 General Mills, Inc. 9000 Plymouth Ave N, Minneapolis, MN 55427
160 Southwest Airlines Co. 2702 Love Field Dr. Dallas, TX 75235
161 Altria Group, Inc. 6601 W Broad St Richmond, VA, 23230
162 AutoNation, Inc. 200 SW 1st Ave, Fort Lauderdale, FL 33301
163 Chesapeake Energy Corporation 6100 N Western Ave Oklahoma City, OK, 73118
164 Dollar General Corporation 100 Mission Ridge, Goodlettsville, TN 37072
165 TRW Automotive Holdings Corp. 12001 Tech Center Dr Livonia, MI, 48150
166 United States Steel Corporation 600 Grant St, Pittsburgh, PA 15219
167 Mercury Air Group, Inc. 2780 SkyparkDr Torrance, CA 90505
168 Moelis& Company 399 Park Avenue, 5th Floor New York, NY 10022
169 Lazard China Limited.Room 3701, 37/F China World Tower 3.No.1 Jianguomenwai Avenue, Chaoyang District. Beijing 100004
170 RIT Capital Partners plc, 27 St. James's Place London SW1A 1NR
171 BanquePrivée Edmond de Rothschild S.A. Avenue Agassiz 2, 1002 Lausanne, Switzerland
172 The Edmond de Rothschild Group
Presidency : Benjamin de Rothschild (since 1997)
Vice-presidency :Ariane de Rothschild (since 2009)
Ariane de Rothschild : Chair of the Executive Committee
Yves Aeschlimann : Group Head of Legal and Compliance
Emmanuel Fievet : CEO Edmond de Rothschild (Suisse) S.A.
Jean-Christophe Pernollet : Group Chief of Risk & Credit
Vincent Taupin : CEO Edmond de Rothschild (France)
Laurent Tignard : CEO Edmond de Rothschild Asset Management
Cynthia Tobiano : Group Chief Financial Officer
EmanuelaBonadiman : Group Head of Human Resources
Pierre-Etienne Durand : Group Head of Strategy and International Development
Charlotte Garnier-Peugeot : Group Head of Communications and Marketing
Sabine Rabald : Group Chief Operating Officer
166 United States Steel Corporation 600 Grant St, Pittsburgh, PA 15219
167 Colgate-Palmolive Company 300 Park Avenue Floor 8 New York, NY 10022
168 Cummins Inc. 500 Jackson Street Columbus, IN 47201
169 PACCAR Inc 777 106th Avenue N.E.. Bellevue, WA 98004
170 The Southern Company 30 Ivan Allen Jr. Blvd. NW Atlanta, GA 30308
171 Illinois Tool Works Inc. 155 Harlem Avenue Glenview, IL 60025
172 The PNC Financial Services Group, Inc. 249 Fifth Ave, Pittsburgh, PA 15222
173 Medtronic, Inc. 710 Medtronic Parkway Minneapolis, Minnesota 55432-5604
174 The Aes Corporation 4300 Wilson Boulevard # 1100 Arlington, VA 22203
175 Murphy USA Inc. corporate 200 Peach Street El Dorado, AR 71730.
176 Bristol-Myers Squibb Company 345 Park Ave New York, NY 10154.
177 Lear Corporation 21557 Telegraph Rd, Southfield, MI 48033
178 The Gap, Inc. 2 Folsom St. San Francisco, CA 94105
179 Apache Corporation 2000 Post Oak Blvd., Suite 100. Houston, TX 77056-4400
180 eBay Inc. 2065 Hamilton Ave San Jose, CA
181 The Bank of New York Mellon Corporation 225 LIBERTY STREET, NEW YORK, New York, 10286,
182 CBS Corporation 51 W. 52nd Street New York, NY 10019-6188
183 PG&E Corporation 77 Beale Street, 24th Floor Mail Code B24W San Francisco, CA 94105
184 ConAgra Foods, Inc. One ConAgra Drive Omaha, NE 68102-5001
185 Computer Sciences Corporation 3170 Fairview Park Drive. Falls Church, VA 22042.
186 American Electric Power Company, 1 Riverside Plaza Columbus, OH, USA
43215-2372
187 Western Digital Corporation 3355 Michelson Drive, Suite 100. Irvine, California 92612
188 Marathon Oil Corporation 5555 San Felipe Street Houston, TX 77056-2723
189 Baxter International Inc. One Baxter Parkway Deerfield, IL 60015-4633
190 PPG Industries, Inc. One PPG Place Pittsburgh, PA 15272
191 NextEra Energy, Inc. 700 Universe Blvd Juno Beach, FL 33408
192 Community Health Systems, Inc. 4000 Meridian Boulevard Franklin, Tennessee, 37067
193 Loews Corporation 667 Madison Avenue New York, NY 10065-8087
194 Penske Automotive Group, Inc. 2555 Telegraph Road Bloomfield Hills, MI 48302-0954
195 FirstEnergy Corp. 341 White Pond Dr., Building B3 Akron, Ohio 44320
196 Starbucks Corporation 2401 Utah Ave S Ste 800 • Seattle, WA 98134-1435
197 Monsanto Company 800 N Lindbergh Blvd St Louis, MO 63167
198 Kellogg Company Kellogg's 1 Kellogg Sq Battle Creek, MI 49017
199 Land O'Lakes, Inc. 4001 Lexington Ave. N, Arden Hills, MN 55162
200 ONEOK, Inc. 100 W 5th St Ste 200. Tulsa, OK 74103-4227
201 Omnicom Group Inc. 437 Madison Avenue New York, New York 10022
202 Anadarko Petroleum Corporation 1201 Lake Robbins Drive The Woodlands, Texas 77380
203 EOG Resources, Inc. 1111 Bagby St # 28, Houston, TX 77002
204 DISH Network Corporation 9601 S. Meridian Blvd. • Englewood, CO 80112
205 Genuine Parts Company 2999 Circle 75 Pkwy, Atlanta, GA 30339
206 Kinder Morgan, Inc. 1001 Louisiana St, Suite 1000 Houston, TX 77002
207 Waste Management, Inc. 1001 Fannin St #4000, Houston, TX 77002
208 The Chubb Corporation 15 Mountainview Road Warren, NJ 07059
209 Aramark Holdings Corporation 1101 Market Street Philadelphia, PA 19107
210 Viacom Inc. 1515 BroadwayNew York, New York 10036
211 Las Vegas Sands Corp. 3355 S Las Vegas Blvd, Las Vegas, NV 89109
212 Dominion Resources, Inc. P.O. Box 26666 Richmond VA 23261
213 Ecolab Inc. 360 N. Wabasha Street St. Paul, MN 55102-2233.
214 Smithfield Foods, Inc. 200 Commerce St. Smithfield, Virginia 23430-1204
215 Thermo Fisher Scientific Inc. 81 Wyman Street Waltham, MA USA 02451
216 Yum! Brands, Inc. 1441 Gardiner Lane, Louisville, Kentucky 40213
217 Parker-Hannifin Corporation 6035 Parkland Boulevard Cleveland, Ohio 44124
218 Whole Foods Market, Inc. 807 Las Cimas Pkwy, Austin, TX 78746
219 Marriott International, Inc. 10400 Fernwood Rd; Bethesda, Maryland 20817
220 C. H. Robinson Worldwide, Inc. 14701 Charlson Road Eden Prairie, MN 55347
221 L-3 Communications Holdings, Inc. 600 Third Avenue New York, NY 10016
222 Edison International P.O. Box 976. Rosemead, CA 91770
223 Toys "R" Us, Inc. 859 Berdan Ave, Wayne, NJ 07470
224 Nordstrom, Inc. 1617 6th Ave., Seattle, WA, 98101.
225 Consolidated Edison, Inc. 4 Irving Place, New York, New York 10003
226 Marsh & McLennan Companies, Inc. Marsh & McLennan Companies 1166 Avenue of the Americas New York, NY 10036
227 Texas Instruments Incorporated 12500 TI Boulevard Dallas, Texas 75243
228 Textron Inc. 40 Westminster Street. Providence, RI 02903
229 Tenet Healthcare Corporation 1445 Ross Ave. Suite 1400 Dallas, Texas 75202
230 DaVita HealthCare Partners Inc. 2000 16th St. Denver, CO 80202
231 CSX Corporation 500 Water Street Jacksonville, FL 32202.
232 Lincoln National Corporation 150 N RADNOR CHESTER RD RADNOR, PA 19087-5252
233 Praxair, Inc. 39 Old Ridgebury Rd. Danbury, CT 06810 USA
234 PPL Corporation Two North Ninth Street Allentown, PA 18101-1179
235 J.C. Penney Company, Inc. 6501 Legacy Drive Plano, TX 75024
236 Peter Kiewit Sons', Inc. 3555 Farnam St. Omaha, NE
237 Jacobs Engineering Group Inc. 155 North Lake Avenue Pasadena, California 91101
238 Visa Inc. 900 Metro Center Blvd Foster City, CA, 94404
239 H.J. Heinz Company 1 PPG Place, Ste. 3100 Pittsburgh PA 15222
240 CarMax, Inc. 12800 Tuckahoe Creek Pkwy., Richmond, VA, 23238.
241 V.F. Corporation 105 Corporate Center Blvd. Greensboro, NC 27408
242 Entergy Corporation Entergy Corporation. 350 Pine Street Beaumont, TX 77701
243 Automatic Data Processing, Inc. 1 Adp Blvd. Roseland, NJ 07068
244 NRG Energy, Inc. 804 Carnegie Center Princeton, NJ 08540-6213
245 Guardian Life Ins. Co. of America 7 Hanover Square New York, NY, 10004
246 Liberty Interactive Corporation 12300 Liberty Boulevard Englewood, CO 80112
247 Norfolk Southern Corporation Three Commercial Place Norfolk, VA 23510-2191
248 Office Depot, Inc. 6600 North Military Trail Boca Raton, FL 33496
249 Ameriprise Financial, Inc. 1099 Ameriprise Financial Center Minneapolis, MN 55474
250 Gilead Sciences, Inc. 333 Lakeside Drive Foster City, CA 94404
251 Centene Corporation CentenePlaza 7700 Forsyth Blvd. St. Louis, MO 63105
252 Leucadia National Corporation 315 Park Avenue South New York, NY 10010
253 Huntsman Corporation 10003 Woodloch Forest Drive The Woodlands, TX 77380
254 Health Net, Inc. 21650 Oxnard Street. Woodland Hills, CA 91367
255 Stanley Black & Decker, Inc. 1000 Stanley Drive New Britain, CT 06053
256 URS Corporation 600 Montgomery St Fl 26 San Francisco, CA 94111
257 Xcel Energy Inc. 414 Nicollet Mall Minneapolis, MN 55401
258 Bed Bath & Beyond Inc. 650 Liberty Ave, Union, NJ 07083
259 Navistar International Corporation 2701 Navistar Dr LISLE, IL 60532-3637
260 SynnexCorporation 44201 Nobel Dr Fremont, CA 94538
261 First Data Corporation 5565 Glenridge Connector NE, Suite 2000. Atlanta, GA 30342
262 AGCO Corporation 4205 River Green Parkway Duluth, GA 30096
263 L Brands, Inc. Three Limited Parkway Columbus, OH 43230
264 Hertz Global Holdings, Inc. 8501 WILLIAMS ROAD ESTERO, FL 33928
265 CDW Corporation 200 N Milwaukee Avenue Vernon Hills, IL 60061
266 CST Brands, Inc. 19500 Bulverde Road San Antonio, TX 78259
267 Sempra Energy 488 8th Ave. San Diego, CA 92101
268 R.R. Donnelley & Sons Company 111 South Wacker Drive Chicago, Illinois 60606-4301
269 BB&T Corporation 200 West Second Street Winston-Salem, NC 27101
270 Devon Energy Corporation 333 W Sheridan Ave • Oklahoma City, OK 73102-5010
271 Family Dollar Stores, Inc. Post Office Box 1017 Charlotte, North Carolina 28201-1017
272 Unum Group 1 Fountain Sq Chattanooga, TN 37402
273 Ally Financial Inc. 200 Renaissance Center Detroit, MI 48243
274 Reinsurance Group of America, Incorporated 16600 Swingley Ridge Road, Chesterfield, Missouri 63017
275 State Street Corporation 100 Summer Street Boston, Massachusetts 02110
276 Air Products & Chemicals, Inc. 7201 Hamilton Blvd. Allentown, PA 18195-1501
277 Ross Stores, Inc. 5130 Hacienda Drive Dublin, CA 94568
278 The Sherwin-Williams Company 101 W. Prospect Avenue Cleveland, Ohio 44115
279 The Estee Lauder Companies Inc. 767 5th Ave (at W 59th St.) New York, NY 10153
280 BlackRock, Inc. 55 East 52nd Street New York, NY 10055
281 Western Refining, Inc. 212 N. Clark Street El Paso, TX 79905
282 Avon Products, Inc. 777 Third Avenue New York, NY 10017
283 The Mosaic Company Atria Corporate Center Suite E490 3033 Campus Drive
Plymouth, MN 55441
284 Public Service Enterprise Group Incorporated 80 Park Plaza P.O. Box 570
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285 Dean Foods Company 2711 North Haskell Avenue, Suite 3400. Dallas, Texas 75204
286 Cameron International Corporation 1333 West Loop S #1700, Houston, TX 77027
287 MGM Resorts International 111 East Harmon Avenue, Las Vegas, NV 89109
288 KKR & Co. L.P. 9 W 57th St Ste 4200 New York, NY 10019-2707
289 Hilton Worldwide Holdings Inc. 7930 Jones Branch Drive McLean, Virginia 22102
290 DTE Energy Company One Energy Plaza Detroit, MI 48226
291 Genworth Financial, Inc. 6620 W. Broad St. Richmond, VA 23230
292 Henry Schein, Inc. 135 Duryea Road Melville, NY 11747
293 Rock-Tenn Company 504 Thrasher Street Norcross, GA 30071
294 WellCare Health Plans, Inc. 8725 Henderson Road, Tampa, FL 33634
295 W.W. Grainger, Inc. 100 Grainger Parkway Lake Forrest, Illinois 60045-5201
296 Discover Financial Services 2500 Lake Cook Rd Riverwoods, IL 60015
297 Eastman Chemical Company 200 South Wilcox Drive Kingsport, Tennessee 37660
298 Principal Financial Group, Inc. 711 High St, Des Moines, IA 50392
299 Reliance Steel & Aluminum Co. 6650 N Ensign St. Portland, Oregon 97217-3925
300 AutoZone, Inc. 123 S. Front St. Memphis, TN 38103
301 Dover Corporation 280 Park Avenue New York, NY 10017
302 Micron Technology, Inc. 8000 S. Federal Way P.O. Box 6 Boise, ID 83707-0006
303 Owens & Minor, Inc. 9120 Lockwood Boulevard Mechanicsville, VA 23116
304 Assurant, Inc. 1 Chase Manhattan Plz #41. New York, NY 10005
305 GameStop Corp. 625 Westport Parkway Grapevine, Texas
(Address of principal executive offices) 76051
306 Stryker Corporation 2825 Airview Boulevard Kalamazoo, MI 49002
307 Group 1 Automotive, Inc. 800 Gessner, Suite 500. Houston, Texas 77024
308 Cognizant Technology Solutions Corporation 500 FRANK W. BURR BLVD. TEANECK, NJ 07666
309 Sonic Automotive, Inc. 4401 Colwick Road, Charlotte, NC 28211
310 Autoliv, Inc. 3350 AIRPORT RD. City: OGDEN. State: UT. Zip Code: 84405
311 Hormel Foods Corporation 1 Hormel Place Austin, MN 55912
312 Motorola Solutions, Inc. 8000 W Sunrise Blvd. Plantation, Florida 33322-4170
313 Crown Holdings, Inc. One Crown Way Philadelphia, PA 19154-4599
314 SunTrust Banks, Inc. 303 Peachtreet St, N.E. Atlanta, Georgia 30308
315 Campbell Soup Company 1 Campbell Pl Camden NJ 08103
316 Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, FL 32204
317 HD Supply Holdings, Inc. 3622 S 30Th St. Phoenix, Arizona 85040-8611
318 Caesars Entertainment Corporation Palace Drive Las Vegas, NV, 89109
319 Darden Restaurants, Inc. 1000 Darden Center Dr • Orlando, FL 32837-4032
320 Weyerhaeuser Company 33663 Weyerhaeuser Way South Federal Way, WA 98003
321 Ball Corporation 95 Ballard Rd,. Middletown, NY 10941
322 Precision Castparts Corp. 1800 Innovation Way, Hartford, WI 53027
323 Masco Corporation 21001 Van Born Road Taylor, MI 48180
324 Universal Health Services, Inc. Universal Corporate Center, P.O. Box 61558
325 Republic Services, Inc. 18500 N. Allied Way Phoenix, AZ 85054
326 MasterCard Incorporated 2000 Purchase Street Purchase, NY 10577
327 Newmont Mining Corporation 555 5th St, Elko, NV. 89801
328 Broadcom Corporation 5300 California Ave • Irvine, CA 92617-3038
329 Reynolds American Inc. 401 N. Main St. P.O. Box 2990 Winston-Salem, NC 27101-2990
330 PVH Corp. 1001 Frontier Rd Bridgewater NJ 08807
331 Charter Communications, Inc. 12405 Powerscourt Dr. St. Louis, MO 63131
332 AECOM Technology Corporation 1999 Avenue of the Stars Suite 2600. Los Angeles, CA 90067
333 CenterPoint Energy, Inc. 1111 Louisiana Street Houston, Texas 77002
334 Pacific Life P.O. Box 9000 Newport Beach, CA 92658-9030
335 Thrivent Financial for Lutherans 625 Fourth Ave. S. Minneapolis, MN 55415-1624
336 Becton, Dickinson and Company 1 Becton Drive Franklin Lakes, New Jersey 07417-1880
337 Franklin Resources, Inc. One Franklin Parkway San Mateo, CA 94403-1906
338 Tenneco Inc. 1 International Dr,. Monroe, MI 48161
339 TravelCenters of America LLC 24601 Center Ridge Rd Ste 200 • Westlake, OH 44145-5677
340 Avis Budget Group, Inc. 6 Sylvan Way,. Parsippany, NJ 07054.
341 Facebook, Inc. Facebook 1 Hacker Way Menlo Park, CA 94025
342 Dollar Tree, Inc. 500 Volvo Pkwy Chesapeake, VA 23320
343 Corning Incorporated Corporate Center 2200 W. Salzburg Rd. PO Box 994. Auburn MI 48611.
344 Ashland Inc. 50 E. RiverCenter Boulevard, Covington, Kentucky 41011
345 Sealed Air Corporation 8215 Forest Point Boulevard Charlotte, NC 28273
346 Core-Mark Holding Company, Inc.
395 Oyster Point Blvd., #415. So. San Francisco, CA 94080.
347 Oshkosh Corporation 2307 Oregon St. Oshkosh, WI 54902.
348 Coca-Cola Enterprises, Inc. 1 Coca Cola Plz NW Atlanta, GA 30313
349 WESCO International, Inc. Suite 700 225 West Station Square Drive Pittsburgh, PA 15219-1122.
350 Applied Materials, Inc. 3050 Bowers Avenue Santa Clara, California 95054-3299
351 Visteon Corporation 1 Village Center Dr • Van Buren Twp, MI 48111-5711
352 BorgWarner Inc. 3850 Hamlin Road Auburn Hills, MI, 48326
353 Spectrum Group International, Inc. 18061 Fitch Irvine, CA 92614
354 Oaktree Capital Group, LLC 333 SOUTH GRAND AVENUE 28TH FLOOR LOS ANGELES, CA 90071.
355 Steel Dynamics, Inc. 2601 County Road 700 East Columbia City, Indiana 46725
356 Jarden Corporation 301 Merritt 7 Norwalk, CT 06851
357 Mohawk Industries, Inc. 200 Highland Rd,. Chatsworth, GA 30705
358 Terex Corporation 200 Nyala Farm Road. Westport, CT 06880
359 Northeast Utilities 56 Prospect Street, Hartford, Connecticut 06103.
360 KBR, Inc. KBR Corporate Headquarters 601 Jefferson Street Houston, TX 77002
361 Fifth Third Bancorp 38 Fountain Square Plaza, Cincinnati, OH 45263.
362 UGI Corporation 460 North Gulph Road King of Prussia, PA 19406
363 CBRE Group, Inc. 400 S. Hope Street, 25th Floor Los Angeles, CA 90071
364 Quest Diagnostics Incorporated 3 Giralda Farms Madison NJ 07940
365 Peabody Energy Corporation Peabody Plaza 701 Market St. St. Louis, MO 63101-1826
366 The Hershey Company 100 Crystal A Dr, Hershey, PA 17033
367 Boston Scientific Corporation One Boston Scientific Place. Natick, MA 01760-1537
368 FMC Technologies, Inc. 5875 N. Sam Houston Pkwy. W. Houston TX 77086
369 The Interpublic Group of Companies, Inc. 909 Third Avenue New York, NY 10022
370 Commercial Metals Company 6565 North Macarthur Boulevard # 800 Irving, TX 75039
371 The Pantry, Inc. 305 Gregson Drive Cary, NC 27511
372 Owens-Illinois, Inc. 1 Michael Owens Way Perrysburg, OH 43551
373 American Family Ins. Group 6000 American Parkway Madison, WI 53783
374 Ralph Lauren Corporation 625 Madison Avenue New York, NY 10022
375 Biogen Idec Inc. 225 Binney Street Cambridge, MA 02142
376 PetSmart, Inc. 19601 N 27th Ave Phoenix, AZ 85027
377 Mylan Inc. 1000 Mylan Blvd. Canonsburg, PA 15317
378 Symantec Corporation 350 Ellis Street Mountain View, CA 94043
379 Ameren Corporation One Ameren Plaza 1901 Chouteau Ave. St. Louis, MO 63166
380 The Williams Companies, Inc. One Williams Center Tulsa, OK 74172
381 Barnes & Noble, Inc. 122 5th Avenue #2 New York, NY 10011
382 Huntington Ingalls Industries, Inc. 4101 Washington Ave. Newport News, VA 23607
383 The Priceline Group Inc. 800 Connecticut Avenue Norwalk, CT 06854
384 Agilent Technologies, Inc. 5301 Stevens Creek Blvd Santa Clara, CA 95051
385 Dana Holding Corporation 3939 Technology Dr • Maumee, OH 43537-9194
386 Dillard's, Inc. 1600 Cantrell Road, Little Rock, AR 72201
387 Seaboard Corporation 9000 West 67th Street Shawnee Mission, Kansas 66202
388 Vanguard Health Systems, Inc. 20 BURTON HILLS BLVD NASHVILLE, TN 37215
389 Casey's General Stores, Inc. One SE Convenience BLVD. Ankeny, IA 50021
390 O'Reilly Automotive, Inc. 233 S Patterson Ave • Springfield, MO 65802-2210
391 The Blackstone Group L.P. 345 Park Ave New York, NY 10154
392 Mutual of Omaha Insurance Company 3300 Mutual of Omaha Plaza, Omaha, NE 68175
393 Molina Healthcare, Inc. 8300 NW 33rd St. Suite 400 Miami, FL 33122
394 CMS Energy Corporation One Energy Plaza Jackson, MI 49201
395 Targa Resources Corp. 1000 Louisiana, Suite 4300 Houston, TX 77002
396 Quanta Services, Inc. 2800 Post Oak Blvd., Suite 2600. Houston, Texas 77056.
397 Cablevision Systems Corporation 1111 Stewart Ave. Bethpage, NY 11714
398 Avery Dennison Corporation One Better Way, Chicopee MA 02021.
399 Celanese Corporation 222 W. Las Colinas Blvd., Suite 900N Irving, Texas 75039.
400 Foot Locker, Inc. 330 West 34th Street New York, NY 10001
401 Celgene Corporation 86 Morris Avenue Summit, NJ 07901
402 Advance Auto Parts, Inc. Store Support Center 5008 Airport Road Roanoke, VA 24012
403 Mattel, Inc. 333 Continental Blvd El Segundo, CA 90245
404 Live Nation Entertainment, Inc. 9348 Civic Center Drive, Beverly Hills, CA 90210
405 General Cable Corporation 4 Tesseneer Drive Highland Heights, KY 41076
406 Ryder System, Inc. 11690 NW 105th Street Miami, FL 33178
407 EMCOR Group, Inc. 301 Merritt Seven Norwalk, CT 06851
408 Allergan, Inc. Morris Corporate Center III; 400 Interpace Parkway; Parsippany, NJ 07054
409 W.R. Berkley Corporation 475 Steamboat Road Greenwich, CT 06830
410 Rockwell Automation, Inc. Rockwell Automation Headquarters and Allen-Bradley Clock Tower, Milwaukee, WI 53204
411 NetApp, Inc. 495 East Java Drive Sunnyvale CA 94089
412 Ingredion Incorporated 5 Westbrook Corporate Center Westchester, IL, 60154
413 Level 3 Communications, Inc. 1025 Eldorado Blvd • Broomfield, CO 80021-8254
414 Calpine Corporation 50 West San Fernando Street, Suite 500, San Jose CA 95113.
415 Omnicare, Inc. 201 E 4th St Ste 1500. Cincinnati, OH 45202
416 Erie Insurance Group 100 Erie Insurance Place Erie, PA 16530-1104
417 SLM Corporation 300 Continental Drive Newark, DE 19713
418 D.R. Horton, Inc. 4220 Racetrack Rd. Saint Johns, FL 32256
419 CC Media Holdings, Inc. 200 E Basse Rd, San Antonio, TX 78209
420 Anixter International Inc. 2301 Patriot Blvd. Glenview, IL, 60026-8020
421 Dick's Sporting Goods, Inc. 345 Court St. Corapolis, PA 15108
422 SanDisk Corporation 951 SanDisk Drive Milpitas, CA 95035-7933
423 NCR Corporation 3097 Satellite Blvd, Duluth, GA, 30096-1242
424 Starwood Hotels & Resorts Worldwide, Inc. One Star Point Stamford, CT 06902
425 Expeditors International of Washington, Inc. 300 Tradeport Drive Suite 300
Atlanta GA 30354
426 Fidelity National Information Services, Inc. 100 Crosby Parkway, KC1G
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427 United Natural Foods, Inc. UNFI 313 Iron Horse Way Providence, RI 02908
428 Auto-Owners Insurance Group 6101 Anacapri Blvd. Lansing, MI 48917
429 Windstream Holdings, Inc. 4001 Rodney Parham Road Little Rock, AR 72212
430 Dr Pepper Snapple Group, Inc. 5301 Legacy Drive Plano, TX 75024
431 Lennar Corporation 700 Nw 107th Avenue # 400. Miami, FL 33172
432 Sanmina 2700 North First Street San Jose, CA 95134.
433 Harley-Davidson, Inc. 3700 W Juneau Ave, Milwaukee, WI 53208
434 CONSOL Energy Inc. 1000 Consol Energy Drive Canonsburg, PA 15317-6506
435 The J.M. Smucker Company 10130 Perimeter Pkwy,. Charlotte, NC 28216
436 Newell Rubbermaid Inc. 6655 Peachtree Dunwoody Road. Atlanta, Georgia 30328
437 CH2M HILL Companies, Ltd. 3 Glenlake Pkwy NE, Atlanta, GA 30328-3447
438 Energy Future Holdings Corp. Energy Plaza 1601 Bryan Street Dallas, TX 75201
439 Susser Holdings Corporation 4525 Ayers St, Corpus Christi, TX 78415
440 Laboratory Corporation of America Holdings 1447 YORK CT BURLINGTON , NC
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441 Kindred Healthcare, Inc. 680 South Fourth Street Louisville, Kentucky 40202
442 Leidos Holdings Inc. 11951 Freedom Drive Reston, VA 20190
443 Booz Allen Hamilton Holding Corp. 901 15th Street NW Suite 400 Washington, DC 20005 USA
444 The Jones Financial Companies, L.L.L.P. 109 E Toledo St. Fremont, Indiana 46737-2066
445 Cliffs Natural Resources Inc. 200 Public Square, Suite 3300 Cleveland, OH 44114
446 PulteGroup, Inc. 100 Bloomfield Hills Parkway, Suite 300, Bloomfield Hills, MI 48304
447 Regions Financial Corporation 1900 Fifth Avenue North Birmingham, AL 35203
448 NiSource Inc. 801 E. 86th Avenue, Merrillville, Indiana 46410
449 Graybar Electric Company, Inc. 34 North Meramec Avenue Stop 1, Saint Louis, MO 63105-1678.
450 Integrys Energy Group, Inc. 200 East Randolph Street Chicago, IL 60601
451 The Clorox Company 2401 SE C St,. Bentonville, AR 72712
452 Wynn Resorts, Limited 3131 Las Vegas Blvd. South Las Vegas, NV 89109
453 The Andersons, Inc. 480 W. Dussel Drive Maumee OH 43537 ...
454 J.B. Hunt Transport Services, Inc. 615 J B Hunt Corporate Dr. Lowell, AR 72745
455 AK Steel Holding Corporation 9227 Centre Pointe Drive West Chester, Ohio 45069
456 Harbinger Group Inc. 450 Park Avenue 29th Floor New York, NY 10022
457 MeadWestvaco Corporation 3500 45th St SWLanett, AL 36863
458 The Western Union Company Western Union Financial Services, Inc. PO BOX 4430 Bridgeton, MO 63044
459 The Charles Schwab Corporation 211 Main St San Francisco, CA 94105-1901
460 Discovery Communications, Inc. One Discovery Place Silver Spring, MD 20910
461 Spectra Energy Corp 5400 Westheimer Court Houston, TX 77056-5310
462 St. Jude Medical, Inc. One St. Jude Medical Drive St. Paul, MN 55117-9983
463 CF Industries Holdings, Inc. Four Parkway North Suite 400 Deerfield, IL 60015
464 Con-way Inc. 2211 Old Earhart Road, Suite 100, Ann Arbor, MI 48105
465 Old Republic International Corporation 307 N. Michigan Ave Chicago, IL 60601
466 JetBlue Airways Corporation 2701 Queens Plz N, Long Island City, NY 11101
467 Calumet Specialty Products Partners, L.P. 7811 S Presa St. San Antonio, Texas 78223-3547
468 Kelly Services, Inc. 999 West Big Beaver Road Troy, Michigan (USA) 48084-4782
469 Domtar Corporation 100 Kingsley Park Dr,. Fort Mill, SC 29715
470 Murphy Oil Corporation 300 Peach Street El Dorado, Arkansas 71730
471 Harris Corporation 480 Washington Boulevard Jersey City, New Jersey 07310-1900
472 Asbury Automotive Group, Inc. 1290 Franklin Dr Se. Marietta, Georgia 30067-8763.
473 Big Lots, Inc. 300 Phillipi Rd. Columbus, OH 43228
474 Advanced Micro Devices, One AMD Place P.O. Box 3453 Sunnyvale, CA
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475 Owens Corning 1 Owens Corning Pkwy Toledo, Ohio 43604
476 Realogy Holdings Corp. 175 Park Avenue Madison, N.J. 07940
477 Host Hotels & Resorts, Inc. 2700 Mission College Blvd Santa Clara, California 95054-1218
478 MRC Global Inc. 1301 McKinney Street Suite 2300. Houston, Texas 77010
479 Simon Property Group, Inc. 225 West Washington Street Indianapolis, Indiana 46204
480 Tractor Supply Company www.481 Gannett Co., Inc. 200 Powell Place Brentwood, TN 37027
482 Alaska Air Group, Inc. 19300 International Boulevard Seattle, WA 98188
483 Insight Enterprises, Inc. 6820 S Harl Ave • Tempe, AZ 85283-4318
485 Buckeye Partners, L.P. One Greenway Plaza Suite 600 Houston, TX
486 Quintiles Transnational Holdings Inc. Plaza Building 4820 Emperor Boulevard Durham, North Carolina 27703
487 American Financial Group, Inc. 301 E Fourth Street Cincinnati, OH 45202
488 United Stationers Inc. One Parkway North Blvd. Suite 100 Deerfield, Illinois
489 Coach, Inc. 516 West 34th Street, New York, NY 10001
490 LKQ Corporation 500 West Madison Street, Suite 2800 Chicago, IL 60661
491 Noble Energy, Inc. 1001 Noble Energy Way, Houston, TX 77070
492 Bemis Company, Inc. One Neenah Center, 4th Floor P.O. Box 669
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493 Joy Global Inc. 100 East Wisconsin Avenue, Suite 2780 PO Box 554 Milwaukee, WI 53202
494 Wyndham Worldwide Corporation 22 SYLVAN WAY PARSIPPANY, NEW JERSEY 07054
495 NII Holdings, Inc. 1875 Explorer Street, Suite 1000 Reston, Virginia 20190
496 Lorillard, Inc. 714 Green Valley Road, Greensboro, North Carolina 27408-7018
497 Alleghany Corporation 7 Times Square Tower, New York, New York 10036
498 Airgas, Inc. 259 North Radnor-Chester Road, Suite 100 Radnor, Pennsylvania 19087-5283
499 First American Financial Corporation 1 First American Way Santa Ana, California 92707
500 United Rentals, Inc. 450 Glass Lane Modesto, CA 95356
501 Nasdaq One Liberty Plaza 165 Broadway New York, NY 10006
502 NASCAR 1 Plaza Entrance, Daytona Beach, FL 32114
503 CVS/Caremark 9501 East Shea Boulevard Scottsdale, AZ 85260
504 UPS 55 Glenlake Parkway, NE Atlanta , GA 30328.
In the United States Court of Appeals For the Seventh Circuit ________ Nos. 05-3265, 05-3266, 05-3305 IN RE: AFRICAN-AMERICAN SLAVE DESCENDANTS LITIGATION. APPEALS OF: DEADRIA FARMER-PAELLMANN, et al., and TIMOTHY HURDLE, et al. ________ Appeals from the United States District Court for the Northern District of Illinois, Eastern District. No. 02 C 7764—Charles R. Norgle, Sr., Judge.________ ARGUED SEPTEMBER 27, 2006—DECIDED DECEMBER 13, 2006 _________Before EASTERBROOK, Chief Judge, and POSNER and MANION,
Circuit Judges. POSNER, Circuit Judge.Nine suits were filed in federal district courts around the country seeking monetary relief under both federal and state law for harms stemming from the enslavement of black people in America. A tenth suit, by the Hurdle group of plaintiffs, makes similar claims but was filed in a state court and then removed by the defendants to a federal district court. The Multidistrict Litigation Panel consolidated all the suits in the district court in Chicago for pretrial proceedings. 28 2 Nos. 05-3265, 05-3266, 05-3305 U.S.C. § 1407.
Once there, the plaintiffs (all but the Hurdle plaintiffs, about whom more shortly) filed a consolidated complaint, and since venue in Chicago was proper and in any event not objected to by the parties (other than the Hurdle group, whose objection we consider later in the opinion), the district court was unquestionably authorized, notwithstanding Lexecon Inc. v. Milberg Weiss Bershad Hynes &Lerach,523 U.S. 26, 28 (1998), to determine the merits of the suit. In re Carbon Dioxide Industry Antitrust Litigation, 229 F.3d 1321, 1325-27 (11th Cir. 2000); cf. Neirbo Co. v. Bethlehem Shipbuilding Corp., 308 U.S. 165, 167-68 (1939). We are also persuaded that a district court to which a case is transferred under section 1407 can rule on a motion to dismiss the case even if the plaintiff has not agreed to let the court decide the merits. In re Phenylpropanolamine (PPA) Products Liability Litigation, 460 F.3d 1217, 1230-31 (9th Cir. 2006); 15 Charles W. Wright, Arthur R. Miller & Edward H. Cooper, Federal Practice and Procedure § 3866 (2006).
While it is true that the Supreme Court held in the Lexecon case that a transfer under section 1407 does not authorize the district court to retain the case for trial, the Court left open the question whether pretrial proceedings, which are the business (the exclusive business) of the transferee court, include rulings on dispositive pretrial motions, such as motions to dismiss. But the Court hinted that they do include them. Section 1407(a) states that “each action so transferred [by the multidistrict litigation panel] shall be remanded by the panel at or before the conclusion of such pretrial proceedings to the district from which it was transferred unless it shall have been previously terminated.” Concerning this “provision of § 1407(a) limiting the Panel’s remand obligation to cases not ‘previ- Nos. 05-3265, 05-3266, 05-3305 3 ously terminated’ during the pretrial period,” the Court remarked that “this exception to the Panel’s remand obligation indicates that the Panel is not meant to issue ceremonial remand orders in cases already concluded by summary judgment, say, or dismissal,” 523 U.S. at 37 (emphasis added)—implying that the transferee court can indeed decide the entire case at the pretrial stage. And rightly so.
The duty to conduct the pretrial proceedings in a multidistrict litigation entails the transferee court’s ruling on a host of pretrial motions, many of which, whether or not formally dispositive, can shape the litigation decisively.
There is no reason to exclude from the court’s authority rulings on motions to dismiss— especially a motion to dismiss on the ground that there is no federal jurisdiction. It would be odd to require a court to transfer a case to another federal court when it was apparent that neither court had jurisdiction over the case. Were it not for the Hurdle suit, we wouldn’t have to decide whether the district judge could have dismissed the transferred suits had the parties not agreed, by filing a new complaint, to his retaining them after completion of pretrial proceedings. But the Hurdle plaintiffs did not agree, so we cannot duck the question.
The suits are a series of mostly identical class actions on behalf of all Americans descended from slaves with whom one or more of the defendants or their corporate predecessors may have been directly or indirectly involved. The consolidated complaint (the Hurdle complaint is similar, so need not be discussed separately) alleges the following facts, for which we do not vouch, but merely summarize, the complaint having been dismissed before the truth or falsity of the allegations was determined. 4 Nos. 05-3265, 05-3266, 05-3305
The defendants are companies or the successors to companies that provided services, such as transportation, finance, and insurance, to slaveowners. At least two of the defendants were slaveowners; the predecessor of one of the bank defendants once accepted 13,000 slaves as collateral on loans and ended up owning 1,250 of them when the borrowers defaulted, and the predecessor of another defendant ended up owning 346 slaves, also as a consequence of a borrower’s default.
Even before the Thirteenth Amendment, slavery was illegal in the northern states, and the complaint charges that the defendants were violating the laws of those states in transacting with slaveowners. It also claims that there were occasional enslavements long after the passage of theThirteenth Amendment and that some of the defendants were complicit in those too. By way of relief, the complaint seeks disgorgement to the class members of the profits that the defendants obtained from their dealings with slaveowners.
The legal basis for the plaintiffs’ federal claim is 42 U.S.C. § 1982, which provides that “all citizens of the United States shall have the same right, in every State and Territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property.” See City of Memphis v. Greene, 451 U.S. 100, 119- 20 (1981); Jones v. Alfred H. Mayer Co., 392 U.S. 409 (1968). A claim based on a federal statute invokes the federalquestion jurisdiction of the federal courts.
But since most of the conduct of which the plaintiffs complain occurred prior to the passage of the Thirteenth Amendment, and indeed prior to the Civil War, section 1982 does not provide a sturdy basis for the retention of federal jurisdiction over the plaintiffs’ nonfederal claims. A frivolous Nos. 05-3265, 05-3266, 05-3305 5 federal law claim cannot successfully invoke federal jurisdiction. Hagans v. Lavine, 415 U.S. 528, 536-37 (1974); Turner/Ozanne v. Hyman/Power, 111 F.3d 1312, 1317 (7th Cir. 1997); Crowley Cutlery Co. v. United States, 849 F.2d 273, 276- 77 (7th Cir. 1988); Lovern v. Edwards, 190 F.3d 648, 654- 55 (4th Cir. 1999).
So it cannot provide a perch on which to seat nonfederal claims in the name of the federal courts’ supplemental jurisdiction, 28 U.S.C. § 1367. And very few of the plaintiffs have a non-frivolous claim under section 1982. But with one exception, all the nonfederal claims are within the federal diversity jurisdiction and so do not require a federal-law handle.
The exception is Richard E. Barber, Sr.’s suit; for both he and Brown Brothers, one of the defendants in his suit, are citizens of New Jersey. Since he thus cannot invoke diversity as a basis for federal jurisdiction and does not have a colorable section 1982 claim (in fact he makes no section 1982 claim at all), his suit must be dismissed for want of federal jurisdiction without regard to the other challenges that the defendants mount to federal jurisdiction over these suits. The district judge ruled that by virtue of both the political-question doctrine and the requirement of standing to sue derived from Article III of the Constitution, there was no federal jurisdiction over any of the suits and that in any event they had no merit because the applicable statutes of limitations had lapsed and anyway the complaint failed to state a claim. 375 F. Supp. 2d 721 (N.D. Ill. 2005).
The dismissal was with prejudice. But if the judge was correct that there is no jurisdiction, he should have dismissed the suits without prejudice and thus not decided their merits. 6 Nos. 05-3265, 05-3266, 05-3305 The political-question doctrine bars the federal courts from adjudicating disputes that the Constitution has been interpreted to entrust to other branches of the federal government.
The earliest and still the best example is Luther v. Borden, 48 U.S. (7 How.) 1 (1849). Rhode Island had not adopted a new constitution after the break with England, but instead continued to govern itself under its colonial charter. Restive citizens convened a constitutional convention not authorized by the charter. The convention adopted a new constitution to which the charter government refused to submit, precipitating rebellion and the establishment in 1842 of a rival state government. The Supreme Court refused to decide which of the two competing governments was the legitimate oneIt would have been exceedingly difficult to gather and assess, by the methods of litigation, the facts needed for such a decision. Id. at 41-42. It would have been even more difficult to formulate a legal concept of revolutionary legitimacy to guide the decision.
Formulating and enforcing a remedy would have presented additional stumbling blocks. The case simply exceeded judicial capabilities. So the Court left the matter to the President, to whom Congress had delegated the duty of resolving it. Id. at 43; see also Ohio ex rel. Bryan v. Akron Metropolitan Park District, 281 U.S. 74, 79-80 (1930); Pacific States Telephone & Telegraph Co. v. Oregon, 223 U.S. 118, 133- 50 (1912). A case that sought reparations for the wrong of slavery would encounter similar obstacles, but the plaintiffs have been careful to cast the litigation as a quest for conventional legal relief. All they are asking the federal judiciary to do is to apply state law (plus the one federal statute, 42 U.S.C. § 1982) to the defendants’ conduct.
They face, of Nos. 05-3265, 05-3266, 05-3305 7 course formidable obstacles, quite apart from the severely limited applicability of section 1982. To name just one of those obstacles, it is highly unlikely that antebellum laws in northern states were intended to confer financial or other benefits on the twenty-first century descendants of slaves. But the obstacles to the vindication of the plaintiffs’ legal claims have the form at least of conventional defenses to a lawsuit.
If one or more of the defendants violated a state law by transporting slaves in 1850, and the plaintiffs can establish standing to sue, prove the violation despite its antiquity, establish that the law was intended to provide a remedy (either directly or by providing the basis for a common law action for conspiracy, conversion, or restitution) to lawfully enslaved persons or their descendants, identify their ancestors, quantify damages incurred, and persuade the court to toll the statute of limitations, there would be no further obstacle to the grant of relief. But we think that the district court was correct, with some exceptions to be noted, in ruling that the plaintiffs lack standing to sue. It would be impossible by the methods of litigation to connect the defendants’ alleged misconduct with the financial and emotional harm that the plaintiffs claim to have suffered as a result of that conduct. See generally James R. Hackney, Jr.,
“The Jurisprudence of Slavery Reparations: Ideological Conflict, African American Reparations, Tort Causation, and the Case for Social Welfare Transformation,” 84 B.U. L. Rev. 1193 (2004). For example, Aetna is alleged to have written several insurance policies on slaves in the 1850s in violation of state law applicable to the company, and to have obtained premiums from the insureds—the slaveowners—that (we’ll assume) exceeded the cost of the insurance to Aetna (its 8 Nos. 05-3265, 05-3266, 05-3305 expenses plus the payment of proceeds if the insured event came to pass). The plaintiffs argue that Aetna’s net income from this insurance was a wrongful profit that the company should be ordered to restore to the plaintiff classes. If the insurance business was competitive back then (and the plaintiffs do not argue that it was not), Aetna did not profit in an economic sense from the transactions of which the plaintiffs complain (its “profit” would just be its cost of equity capital), and in any event it would have distributed any profits from the transactions to its shareholders long ago.
All that to one side, there is a fatal disconnect between the victims and the plaintiffs. When a person is wronged he can seek redress, and if he wins, his descendants may benefit, but the wrong to the ancestor is not a wrong to the descendants. For if it were, then (problems of proof to one side) statutes of limitations would be toothless. A person whose ancestor had been wronged a thousand years ago could sue on the ground that it was a continuing wrong and he is one of the victims.
The plaintiffs introduce another claim of injury by asserting that had the defendants refused to violate their own states’ laws by doing business with slaveowners, there would have been less slavery because the refusal would have been tantamount to subjecting the slaveowners to a partial boycott. That would have raised their costs, and, by making slavery less profitable, might have reduced the amount of it. (“Might,” not “would,” because the higher costs might simply have depressed the price of a slave.)
And had there been less slavery, the argument continues, some of the ancestors of the members of the plaintiff classes would not have been slaves, but instead free laborers, and they would have had some disposable Nos. 05-3265, 05-3266, 05-3305 9 income part of which they might have saved rather than spent, and left to their heirs.
But this causal chain is too long and has too many weak links for a court to be able to find that the defendants’ conduct harmed the plaintiffs at all, let alone in an amount that could be estimated without the wildest speculation. It is impossible to determine how much, if any, less slavery there would have been had the defendants not done business with slaveowners, what effect a diminution of slavery would have had on bequests by ancestors of the class members, and how much of the value of those bequests would have trickled down to the class members. Suppose a class member could prove that he was descended from one of the slaves insured by Aetna or transported by the Union Pacific Railroad (another defendant) or bought with money lent to the buyer by the predecessor of the JPMorgan Chase Bank (still another defendant), and that these transactions were illegal and that the descendants of slaves are among the people whom the laws were intended to protect.
Had he not been insured or transported or bought with a bank loan, how would the financial welfare of his remote descendant be affected? Would this ancestor have been freed, or perhaps never enslaved in the first place? As the plaintiffs stress, slavery was profitable; is it conceivable that slaveholders would have been unable to insure, transport, and finance the purchase of slaves if northern companies had been excluded from the provision of these services or had refused to violate their states’ laws that sought to keep them from providing the services?
Even if compliance with those laws would have curtailed slavery and even if it could be shown (it could 10 Nos. 05-3265, 05-3266, 05-3305 not be) that as a result of that hypothetical curtailment a plaintiff’s remote ancestor would not have been a slave but instead a free laborer, how could the wages that the ancestor would have earned as a free laborer be shown to have influenced the wealth of his remote descendant? Economists actually study such issues, under the rubric of “intergenerational mobility,” see, e.g., Kerwin Kofi Charles & Erik Hurst,
“The Correlation of Wealth Across Generations,” 111 J. Pol. Econ. 1155 (2003); Keith N. Hylton, “The Jurisprudence of Slavery Reparations: Slavery and Tort Law,” 84 B.U. L. Rev. 1209, 1239-41 (2004), but these are studies of aggregate effects, not of the effects of particular acts, affecting particular individuals, on the wealth of specific remote descendants. There is no way to determine that a given black American today is worse off by a specific, calculatable sum of money (or monetized emotional harm) as a result of the conduct of one or more of the defendants
Nor are the problems of measuring and tracing elided by recasting the relief sought as restitution rather than damages. Restitution—the transfer of the wrongdoer’s gain to his victim—is an alternative to damages, the monetization of the victim’s loss. ConFold Pacific, Inc. v. Polaris Industries, Inc., 433 F.3d 952, 957-58 (7th Cir. 2006); Charter Communications Entertainment I, DST v. Burdulis, 460 F.3d 168, 182 (1st Cir. 2006); Kerr v. Charles F. Vatterott& Co., 184 F.3d 938, 944 (8th Cir. 1999); 1 Dan B. Dobbs, Dobbs Law of Remedies § 4.1, pp. 551, 555 (2d ed. 1993).
It is a sensible remedy for egregious misconduct because it makes the conduct worthless to the defendant by taking away his profit even if it exceeds the loss to the plaintiff. But it presupposes an injury—it is a remedy for a legal wrong—and there is no way in which to determine what if any injury the defendants inflicted on the members of the plaintiff classes. Nos. 05-3265, 05-3266, 05-3305 11 And again, if there were a legal wrong, it would not be a wrong to any living persons unless they were somehow the authorized representatives to bring suits on behalf of their enslaved ancestors. With some exceptions to be noted, the plaintiffs are suing to redress harms to third parties (their ancestors), without being authorized to sue on behalf of those parties. It is like a suit by a descendant of a Union soldier, killed in battle, against a Civil War era gun manufacturer still in business that sold guns to the Confederacy in violation of federal law.
A federal court could not entertain the suit because the plaintiff would be unable to prove a harm to an interest of his (such as his bank account) that the law protects. E.g., Raines v. Byrd, 521 U.S. 811, 818-19 (1997); Sierra Club v. Morton, 405 U.S. 727, 739-40 (1972). It is possible that had the ancestor not died when he did he would have become a wealthy person and left bequests so immense that his remote descendant, the plaintiff, would have inherited more money from his parents or grandparents than he actually did. But that is too speculative an inquiry to provide a basis for a federal suit. See McConnell v. FEC, 540 U.S. 93, 225-26 (2003); Branton v. FCC, 993 F.2d 906, 909 (D.C. Cir. 1993).
The two cases just cited, and others, treat remoteness as a limitation on Article III standing. Still other cases treat it as a nonjurisdictional limitation on who may sue in federal court—but still a limitation. Holmes v. Securities Investor Protection Corp., 503 U.S. 258, 268-69 (1992); Blue Shield of Virginia v. McCready, 457 U.S. 465, 476-77 (1982); Israel Travel Advisory Service, Inc. v. Israel Identity Tours, Inc., 61 F.3d 1250, 1257 (7th Cir. 1995); Allegheny General Hospital v. Philip Morris, Inc., 228 F.3d 429, 435 (3d Cir. 2000).
Another group of cases would deem the suit barred by 12 Nos. 05-3265, 05-3266, 05-3305 Article III because one function of the Article III standing doctrine is to prevent parties with slight interests in a litigation from crowding those who have the main interests. Valley Forge Christian College v. Americans United for Separation of Church & State, Inc., 454 U.S. 464, 473 (1982); Morlan v. Universal Guardian Life Insurance Co., 298 F.3d 609, 621 (7th Cir. 2002); Illinois DOT v. Hinson, 122 F.3d 370, 373 (7th Cir. 1997); People Organized for Welfare & Employment Rights (P.O.W.E.R.) v. Thompson, 727 F.2d 167, 173 (7th Cir. 1984); Abraham v. Intermountain Health Care Inc., 461 F.3d 1249, 1268 (10th Cir. 2006). In our hypothetical case of the Union soldier, the litigant with the paramount interest in the case would be his estate and the damages that the estate could recover would include whatever amount of money he would have wanted his descendant to inherit. If the descendant could sue the tortfeasor directly for that amount (or for the tortfeasor’s profit, in a suit for restitution),
There would be either double recovery or an impossible task of allocating the monetary recovery between the descendant and the estate. A few of the plaintiff’s claims, however, as we noted at the outset, are claims of subjection to involuntary servitude after it was outlawed by the Thirteenth Amendment, and indeed into the twentieth century. Cain Wall, Sr. claims that “during the time that [he] was enslaved”— which he contends extended into the 1960s—“one or more of the defendants were doing business in Mississippi or Louisiana. Some of the defendants had reason to know of the enslavement of Cain Wall and yet failed to take steps to eliminate same, while they continued to inure benefits from the illegal, but sanctioned system of servitude post-emancipation.” But there is no claim that the defendants subjected Wall (or any other class member) to Nos. 05-3265, 05-3266, 05-3305 13 involuntary servitude or did anything to perpetuate or exacerbate his condition. The claim is that they took no steps to free him. The briefs suggest no basis for thinking that there is any kind of Good Samaritan legal duty to eliminate a violation of the Thirteenth Amendment committed by someone else. The limitations that Article III places on the right to sue in a federal court require us to affirm, on the basis of lack of standing, the greater part of the district court’s judgment.
But there are three qualifications. First, although most of the plaintiffs and class members are suing as descendants rather than as representatives of their ancestors’ estates authorized to sue on those ancestors’ behalf, a few do claim to be suing in such a representative capacity. It is highly unlikely that the estate of anyone who died a century or more ago, or indeed more than half a century ago (for although many former slaves survived into the twentieth century, very few would still have been alive 50 years ago, which is to say in 1956, 91 years after the end of the Civil War), has not yet been closed. But the district judge accepted that the purported representatives had a right to sue on behalf of their ancestors, and the defendants offer only a perfunctory rebuttal. We shall assume without deciding that some of the plaintiffs are legal representatives of their slave ancestors.
These plaintiffs not only escape the objection to standing that the suits seek damages for injuries actually suffered by third parties (the ancestors—no longer third parties, but the real parties in interest, merely represented by the plaintiffs), but have less to prove. They just have to prove the injury to the ancestors; the trickle-down question is elided. In all likelihood it would still be impossible for them to prove injury, requiring as that would connecting the 14 Nos. 05-3265, 05-3266, 05-3305 particular slavery transactions in which the defendants were involved to harm to particular slaves.
But in any event, suits complaining about injuries that occurred more than a century and a half ago have been barred for a long time by the applicable state statutes of limitations. It is true that tolling doctrines can extend the time to sue well beyond the period of limitations—but not to a century and more beyond. Slaves could not sue, and even after the Thirteenth Amendment became effective in 1865 suits such as these, if brought in the South, would not have received a fair hearing. However, some northern courts would have been receptive to such suits, and since the defendants are (and were) northern companies, venue would have been proper in those states. Even in the South, descendants of slaves have had decades of effective access to the courts to seek redress for the wrongs of which they complain. And it’s not as if it had been a deep mystery that corporations were involved in the operation of the slave system. See, e.g., Edgar J. McManus, Black Bondage in the North 174 (1973); Kenneth M. Stampp,
The Peculiar Institution: Slavery in the AnteBellum South 397 (1956). The second qualification concerns a claim, rather buried in the complaint but not forfeited, that in violation of state fraud or consumer protection law members of the plaintiff classes have bought products or services from some of the defendants that they would not have bought had the defendants not concealed their involvement in slavery. This claim has nothing to do with ancient violations and indeed would be unaffected if the defendants’ dealings with slaveowners had been entirely legal. It is a complaint of consumers’ being deceived because sellers have concealed a material fact. The injury is the loss Nos. 05-3265, 05-3266, 05-3305 15 incurred by buying something that one wouldn’t have bought had one known the truth about the product.
It is true that under no consumer protection law known to us, whether a special statute or a doctrine of the common law of contracts or torts, has a seller a general duty to disclose every discreditable fact about himself that might if disclosed deflect a buyer. To fulfill such a duty he would have to know much more about his consumers than he possibly could. But the plaintiffs are charging the defendants with misrepresenting their activities in relation to slavery. A seller who learns that some class of buyers would not buy his product if they knew it contained some component that he would normally have no duty to disclose, but fearing to lose those buyers falsely represents that the product does not contain the component, is guilty of fraud.
An example would be a manufacturer who represented that his products were made in the United States by companies that employ only union labor, whereas in fact they were made in
Third World sweatshops. See Kasky v. Nike, Inc., 45 P.3d 243, 248 (Cal. 2003); Price v. Philip Morris, Inc., 848 N.E.2d 1, 19 (Ill. 2005); Oliveira v. Amoco Oil Co., 776 N.E.2d 151, 154-55 (Ill. 2002); Lightning Lube, Inc. v. Witco Corp., 4 F.3d 1153, 1185 (3d Cir. 1993). We do not offer an opinion on the merits of the consumer protection claims, but merely reject the district court’s ruling that they are barred at the threshold. The third qualification concerns the Hurdle suit and is related to the second qualification. Unlike the other plaintiffs, the Hurdle plaintiffs didn’t want to remain in the district court in Chicago.
They wanted to return to the California district court from which their case had been transferred to Chicago for pretrial proceedings, when the 16 Nos. 05-3265, 05-3266, 05-3305 pretrial proceedings concluded. Actually they wanted to return to the California state court from which the defendants had removed their case to the district court, but that is an issue for that district court to resolve if and when the case is returned. As we pointed out at the beginning of this opinion, the district court, as the transferee court in a transfer pursuant to 28 U.S.C. § 1407, was authorized to rule on a motion to dismiss the Hurdle suit. But though the district judge in the exercise of that power rightly dismissed so much of that suit as attacks wrongs done to the plaintiffs’ ancestors, the Hurdle plaintiffs are among the plaintiffs who have consumer protection claims as well.
As to them there will be further pretrial proceedings, and they will be conducted in Chicago. So the Hurdle plaintiffs can’t go back to California, at least not yet. To summarize, the district court’s dismissal, for want of standing, of all but the claims brought by legal representatives of slaves plus the consumer protection claims is modified to be a dismissal without prejudice, and as so modified is affirmed. (Barber’s suit is dismissed, also without prejudice, for want of diversity.)
The dismissal of the claims brought by the plaintiffs who claim to be legal representatives is affirmed, but on the merits (statute of limitations) and so with prejudice. The dismissal of the consumer protection claims is reversed and the case remanded to the district court for further proceedings on those claims consistent with this opinion.
The district court is authorized to retain those claims for the duration of the litigation, except in the case of the Hurdle plaintiffs, as to whom the court is authorized only to conduct pretrial proceedings under 28 U.S.C. § 1407. MODIFIED AND AFFIRMED, IN PART; REVERSED IN PART AND REMANDED.
Louis Charles Hamilton, II, Plaintiff - Appellant in support of this required Motion for Defendant Fortune 500 companies Corporations et al, employment verification “Cease and Desist Order”, TRO “Temporary Restraining Order” “Preliminary Injunction” and “Order to Show Cause”,against defendant (USA) et al including defendant (DOD) “Department of Defense” with joining Motion file in Leave of Court Respectfully Requesting to exceed Word Count 5200 for the direct manipulation of defendant civil rights in obscuring, alter, delete, manipulation and direct destroying the exact government records of defendant (USA) “Slavery History”, against on all Defendant Donald John Trump, Sr., 45th President, (USA) et al, including all Co-Defendant(s)
“Slave Trade past, present
Fortune 500 companies Corporations et al, collusion, interstate mail and wire fraud conspiring in fraudulent Official government “employment Verification documents” and employment records showing fraudulent “legal citizenship status” of defendant (USA) fraud by non-disclosure of “enslavement” crimes directed against “Plaintiff Black Lives Matter” peace, will, and dignity in defendant (USA) Fraud by Non-Disclosure, “Force Slavery and all trimming of violation of defendant (USA) own rules of governing laws pursuant to RICO Racketeer Influenced and Corrupt Organizations Act... since August 20th 1619 – February 7th 2013, now being “present timeline” 2017
District judge ruled in concealing this massive fraud that by virtue of both the political-question doctrine and the requirement of standing to sue derived from Article III of the Constitution, court err fraudulent claiming “pro se plaintiff Hamilton” present or assert no federal jurisdiction over any of the suits filed 2011 2017 further fraud of the court” that in any event pro se plaintiff Hamilton never ever had no merit because the applicable statutes of limitations had lapsed and anyway the complaint failed to state a claim, which one legal claimed raise why is the “pro se plaintiff” legally declared dead, by government records of defendant “State of Utah” and why the government conspire further in concealing the exact where about of “pro se” plaintiff natural abducted, custody interference by (defendant) in this mystery of government sponsored of two missing natural daughters, stripped of the rightful name (Hamilton) and MIA since 1994, as It also claims in the complaint before the court that there were enslavements of
Plaintiff Black Lives matter” long after the passage of the
Thirteenth Amendment was claimed to be legally ratified which is not the case Thirteenth Amendment was ratified in 2013 freeing Slaves and that some of the defendants were complicit in manipulation of government decree for 148 years and still counting in concealing “enslavement” RICO obstruction of justice, and a never ratified Thirteenth Amendment back in 1865 fraud claim too, during the legal “time-line” up to date filed Apr 4th 1968 In The United States District Court for the Western District of Tennessee Western Division Case. No. C-68-80 City of Memphis, A Municipal Corporations, (Complainant) vs. Martin Luther King Jr., Hosea Williams, Reverend James Bevel, Reverend James Orange, Ralph D. Abernathy and Bernard Lee, all non- residents of the State of Tennessee, (Defendants)
Historical Background the name of Martin Luther King, Jr., is intertwined with the history of the civil rights movement of the 1950s and 1960s in the United States. The Montgomery bus boycott, the freedom rides, the Birmingham campaign, the March on Washington, the Selma march, the Chicago campaign, and the Memphis boycott are some of the more noteworthy battlefields where King and his followers-numerous in numbers, humble and great in name- fought for the equal rights and equal justice that the United States Constitution ensures for all its citizens. King, building on the tradition of civil disobedience and passive resistance earlier expressed by Thoreau, Tolstoy, and Gandhi, waged a war of nonviolent direct action against opposing forces of racism and prejudice that were embodied in the persons of local police, mayors, governors, angry citizens, and night riders of the Ku Klux Klan.
The great legal milestones achieved by this movement were the Civil Rights Act of 1964 and the Voting Rights Act of 1965. In the later 1960s, the targets of King's activism were less often the legal and political obstacles to the exercise of civil rights by blacks, and more often the underlying poverty, unemployment, lack of education, and blocked avenues of economic opportunity confronting black Americans. Despite increasing militancy in the movement for black power, King steadfastly adhered to the principles of nonviolence that had been the foundation of his career.
Those principles were put to a severe test in his support of a strike by sanitation workers in Memphis, Tennessee. This was King's final campaign before his forced untimely death at the hands on all Defendant Donald John Trump, Sr., 45th President, (USA) et al, including all Co-Defendant(s) “Slave Trade past, present Fortune 500 companies Corporations et al, whites supremacy collusion, RICO interstate mail and wire fraud conspiring in fraudulent Official government “employment Verification documents” and employment records showing fraudulent “legal citizenship status” of defendant (USA) fraud by non-disclosure of “enslavement” against (Plaintiffs) Black Lives Matter fraudulent charges in crimes
“Exhibit A” (Answer) filed Apr 4th 1968 In the United States District Court for the Western District of Tennessee Western Division Case. No. C-68-80 City of Memphis, A Municipal Corporations, (Complainant) vs. Martin Luther King Jr. et al when exactly Slavery Servitude” pursuant to the direct passage of the 13th Amendment of the United States of America 1865 “Civil War” fraudulent claim as defendant (USA) all congress, and
Judicial Government possession in having “Law Degrees” and being expert Career Politician, professional Legal Counsel, Attorneys at Law, having full knowledge there after February 7th 2013 when Mississippi finally Join the Union,as so further admitting the facts are correct, view with the legal counsel “Congress, having no 13th amendment of the United States of America being void, missing in action (MIA), alone with the
14th amendment of such an empty government being admitted control by The Royal Knights of The Klu Klux Klansmen against each and every Negro race as “They” killer Government defendant (USA) et al shall maintain with current tactic of enticing and actually achieving racial rioting, street violence, manipulation of government Slave Trade History including Federal Reserve Bank since 1913 conspire collectively in (RICO) money laundering to supply a global Terrorist group known to be The Knights of The Klu Klansmen, being protected by said Defendant Fortune 500 companies Corporations et al, whites supremacy collusion,
Herein past, present and future directed at the just lives of all Veterans DNA and Active Duty Armed Force Personal supply there life to be a “Slave of the Defendant, and no citizenship while being robbery of all taxes, to be living in shambles, low income, and destroyed race by fraud on a grand scale None-Discloser of first and foremost “Job applications” required by Defendant Fortune 500 companies Corporations et al, whites supremacy at the precise legal time “Exhibit A” (Answer) filed Apr 4th 1968
In The United States District Court for the Western District of Tennessee Western Division Case No. C-68-80 City of Memphis, A Municipal Corporations, (Complainant) vs. Martin Luther King Jr. et al each Defendant Fortune 500 companies Corporations et al, listed herein Job Application in 1968 required Citizenship status of (USA) in order to be legal for “employment” with said defendant(s) (USA) et al, Defendant Fortune 500 companies Corporations et al, back Since 1955, when the first FORTUNE 500 was created, whites supremacy collusion, RICO interstate mail and wire fraud conspiring in fraudulent Official government “employment Verification documents” and employment records showing fraudulent “legal citizenship status” with more than 1,800 Defendant Fortune 500 companies have appeared on the list Many of these companies have changed names over this period, owing to mergers, acquisitions, and bankruptcies. Other companies have gone private, or simply changed their names
Companies are listed by the name with which they were associated in 2005, having full knowledge there after 1955 Mississippi never join the Union or at the time of defendant FORTUNE 500 companies that have been acquired by other FORTUNE 500 companies are listed under the name of the acquiring company as the defendant in 1955 described each for example
1955 Full list
Rank Company Revenues
($ millions) Profits
($ millions)
1 General Motors
9,823.5 806.0
2 Exxon Mobil
5,661.4 584.8
3 U.S. Steel
3,250.4 195.4
4 General Electric
2,959.1 212.6
5 Esmark
2,510.8 19.1
6 Chrysler
2,071.6 18.5
7 Armour
2,056.1 1.6
8 Gulf Oil
1,705.3 182.8
9 Mobil
1,703.6 183.8
10 DuPont
1,687.7 344.4
11 Amoco
1,667.4 132.8
12 Bethlehem Steel
1,660.3 117.2
13 CBS
1,631.0 84.6
14 Texaco
1,574.4 226.1
15 AT&T Technologies
1,526.2 55.8
16 Shell Oil
1,312.1 121.1
17 Kraft
1,210.3 37.4
18 ChevronTexaco
1,113.3 211.9
19 Goodyear Tire & Rubber
1,090.1 48.1
20 Boeing
1,033.2 37.0
21 Sinclair Oil
1,021.5 91.6
22 Navistar International
994.1 36.3
23 RCA
941.0 40.5
24 Union Carbide
923.7 89.8
25 Firestone Tire & Rubber
916.0 40.5
26 Douglas Aircraft
915.2 36.2
27 Procter & Gamble
911.0 52.3
28 Republic Steel
846.3 52.9
29 Citgo Petroleum
813.2 43.7
30 ConocoPhillips
794.6 76.2
31 General Foods
783.0 27.9
32 Uniroyal
782.6 28.0
33 Borden Chemical
776.8 22.7
34 Lockheed Martin
732.9 22.4
35 Alcoa
708.3 46.5
36 International Paper
681.2 73.5
37 Wilson
680.5 3.1
38 Sunoco
659.5 40.3
39 United Technologies
654.2 26.0
40 American Can
652.4 30.4
41 General Dynamics
648.6 20.8
42 Rockwell Automation
645.8 22.2
43 Eastman Kodak
633.5 69.8
44 Goodrich
630.7 38.8
45 Continental Group
616.2 20.7
46 Bendix
607.7 25.5
47 Atlantic Richfield
596.2 36.8
48 Fortune Brands
533.1 41.3
49 Ryerson Tull
532.0 41.1
50 ARMCO
530.8 43.1
51 Honeywell Intl.
519.7 10.8
52 AMAX
509.5 43.1
53 Conoco
500.1 41.7
54 Allis-Chalmers
492.9 26.1
55 Jones & Laughlin Steel
492.9 25.0
56 General Mills
487.6 11.2
57 National Intergroup
484.1 30.3
58 Curtiss-Wright
475.1 19.4
59 Olin
470.1 34.3
60 Asarco
466.8 21.5
61 Intl. Business Machines
461.4 46.5
62 Anaconda
461.1 26.7
63 Tidewater Oil
459.0 34.5
64 Cudahy
454.87.2
65 Briggs Manufacturing
440.9 0.8
66 Sperry
440.9 28.5
67 Nabisco Group Holdings
438.3 44.8
68 PPG Industries
431.0 38.6
69 Dow Chemical
428.3 33.4
70 Youngstown Sheet & Tube
428.2 20.2
71 Kennecott
423.6 77.9
72 NL Industries
419.3 36.6
73 Standard Brands
415.9 10.6
74 Sealed Air
413.4 14.8
75 Caterpillar
401.0 25.1
76 American Motors
400.3 -11.1
77 Ralston Purina
399.6 15.5
78 American Cyanamid
397.6 27.1
79 Pullman
391.0 13.3
80 Pure Oil
388.3 31.2
81 BorgWarner
380.3 24.5
82 Nabisco Brands
376.4 19.9
83 Avco
375.4 3.6
84 Unocal
349.7 35.9
85 Philco
349.3 6.8
86 Burlington Industries Equity
347.5 8.4
87 Monsanto
341.8 23.7
88 Campbell Soup
338.7 23.6
89 Owens-Illinois
336.7 21.5
90 Pillsbury
336.0 4.9
91 Singer
333.9 11.9
92 Hormel Foods
331.8 1.8
93 Hygrade Food Products
324.2 1.0
94 Republic Aviation
323.5 9.0
95 Carnation
310.0 7.7
96 Amstar
308.8 7.6
97 Reynolds Metals
306.8 20.3
98 Morrell (John)
306.5 0.5
99 BP America
304.4 18.5
100 American Standard
303.4 20.4
Requires Job Applications of employment with correct verification of legal American citizenship status of each and every “Plaintiffs” Black Lives Matter” and all Veterans DNA and defendant (DOD) Requires Job Applications of employment with correct verification of legal American citizenship status of each and every “Plaintiffs” Black Lives Matter” Active Duty Armed Force Personal, which this is never the “Legal Case” as exhibit
B Pursuant to “Dred Scott” Vs. Sandford, 60 U.S. 393 (1857), “White Only” prosperity society of slow thinking “America” in Breach of Fiduciary Duty to “Honor” they’re very own rules of governing laws 13th Amendment requirement of ending “Slavery Servitude” as even The defendant UN officially came into existence on Oct. 24, 1945, while maintaining “Enslavement” of all Described Plaintiffs Herein well back date to actually 1776, fraudulent acts of defendant “General George Washington”, wanted at large, conspired into the Negro Plaintiffs Slave battle the
“Plaintiffs British Empire, to perform their very own demised into “Trickery” of killing themselves for “Whites Supremacy” of Defendant “United States of America et al”, furtherance’s said“United States” hereafter furtherance’s commit “agree”, “accept” and “approve” exhibit B on or about February 7, 2013 The Honorable C. Delbert Hosemann, Jr. Secretary of State of Mississippi 401 Mississippi St. P.O. Box 136 Jackson, MS 39205 Dear Secretary of State Hosemann: On behalf of the Archivist of the United States, I acknowledge receipt of Senate Concurrent Resolution Number 547 Resolution, adopted by the Mississippi Senate on February 16, 1995 and the Mississippi House of Representatives on March 16, 1995.
With this action, the State of Mississippi has ratified the 13th Amendment to the Constitution of the United States. ~ Sincerely, CHARLES A. BARTH Director of the Federal Register, upon which “Legally in law and equity” “ever “Plaintiff Negro DNA race actual physical “employment” with said defendant(s) (USA) et al, Defendant Fortune 500 companies Corporations et al, back Since 1955, when the first FORTUNE 500 was created, upon which all Requires Job Applications of employment with correct verification of legal American citizenship status of each and every “Plaintiffs” Black Lives Matter”, herein being fraudulent legal citizenship status vs. legal “Slave Papers” exhibit c, d and e as then proceeding legally in defendant Jurisdiction (USA) directly on or about
February 7, 2013 CHARLES A. BARTH Director of the Federal Register,acknowledge receipt of Senate Concurrent Resolution Number 547 Resolution, adopted by the Mississippi Senate on February 16, 1995 and the Mississippi House of Representatives on March 16, 1995. With this action, the State of Mississippi has ratified the 13th Amendment to the Constitution of the United States, and AT ANY TIME because there is no statutes of limitations on fraud is violation of the Due Process Clause of the U.S. Constitution, United States v. Sciuto, 521 F.2d 842, 845 (7th Cir. 1996) ("The right to a tribunal free from bias or prejudice is based, not on section 144, but on the Due Process Clause.") each negro judge listed criminal in “obstruction of Justice” has acted in the judge's personal capacity, and the defendant (USA) et al and not in the judge's judicial capacity which in law
It has been said that this judge, regardless of their (race) acting in this manner, has no more lawful authority, have no immunity for their criminal acts, Since both treason and the interference with interstate commerce are criminal acts, no judge has immunity to engage in such acts, which “Plaintiff President Barack Obama, being Sworn in as the very first “employed” non-legal citizenship being in the position of “Slave Executive Officer” of defendant (USA) with a fraudulent “employment status” signature under right to work employment legal citizenship status, when factual during Plaintiff President Barack Obama addresses the defendant
(USA) nation on January 20, 2009, fraud on a grand scale None-Discloser of first and foremost “Job applications” having been committed by each Defendant Fortune 500 companies Corporations et al, clear RICO mail and wire fraud scheme of things clearly and illegal before the Court to hide, scuttled, and committed to obstruction of Justice back Since 1955, Defendant Fortune 500 companies Corporations et al, first came to be and continue in the usage of “Negro DNA Race Slaves labor”.
“Conclusion”
Defendant United States Veterans United States Veterans Initiative, et al Defendant (USA) et al, Defendant (DOD) department of Justice and Defendant Fortune 500 companies Corporations et al, “Slave Traders” even long before first came to be and continue in the usage of fraud against all Plaintiff Black Lives Matter, “Negro DNA Race Slaves labor” in this systematic, defendant (USA)government-sanctioned effort to entrap and enslave Plaintiff Black Lives matter” DNA Negro race people well until defendant State of Mississippi actually free said “Slaves” based on the color of their (black) skin in order to give certain self imposed (USA) special white men ”elite” members of the defendant (USA) Para military KKK gang nation's upper class they continue fraud in gains of “unjust enrichment” against the rights, peace will and dignity of (Plaintiffs) collective forced out of Trillions of Dollars of RICO Slave Trade scheme committed by each defendant (USA) little crimes of 50th “Slave Trade State having such gross ungodly free labor they
(stolen) in lazy needed claims in order to build, maintain and grow their (own) financial white man gross bigotry hate crimes foundation superiority in the lost nation that lasted August 20th 1619 – February 7th 2013 exactly Slavery History government manipulation records of fooling world-wide “Strangers” 394 “correct” years not as defendant (USA) falsely published slaver ending in 245 years of abuse after 1865 civil war while collecting) 149 extra years of RICO mail and wire fraud, Slave trade continue burning desire to be hateful, with the hands of the “devil” it was illegal for slaves to be outside of the plantations where they were owned without permission from the owner. The permission to be seen in public spaces was granted via identification papers known as Freedom Papers and Slave Passes. Freedom Papers were exactly what they sound like. Papers that were government issued to free men and women of color. Whether born free or manumitted (freed from slavery by their owners) a black lives matter slave person was not allowed to move about the world without these papers
If a black lives matter person was seen in public of defendant (USA) without the accompaniment of a white person (to validate their presence) they were under legal obligation to produce freedom papers to explain their presence. Slave codes were laws enacted by the states that established slaves as property and without any rights that their owners did not give them. During the period when slavery was considered a legal status for a black person and a legal business transaction, black people did not have the right to move about the earth without permission from a white person. To be caught off the plantation without your papers could result in being whipped, sold into slavery or killed, as note,
Killing a Plaintiff Black Lives Matter slave was a crime because a Plaintiff Black Lives Matter slave was property and to kill the Plaintiff Black Lives Matter slave would deny the White Man hostile owner the rights to their Plaintiff Black Lives Matter property. It wasn't a crime because it was heinous to kill another Plaintiff Black Lives Matter human being because of the color of their skin or the presumption that they were lesser than you though. Just to be clear to the fraudulent Negro slave Federal Texas District Hostile Judges confused in ruling rubber stamp “err”, while defendant
“United States of America et al” Knowingly produce, provide and direct “False Publication” Slave Trade white supremacy propaganda of defendant (USA) continue hostile Judicial GOP republican Party engaging prolonged cruel unjust treatment and control in defamation, liable, slander, discrimination, racial terrorization, dominance, oppression “patter and practices” dynasty 1619 – 2013 crimes against humanity directed at Louis Charles Hamilton, II, Plaintiff - Appellant and “Plaintiffs” collectively slaves held against will in defendant (USA) as the complaint described in CASE NO. 17-40068 before defendant UNITED STATES COURT OF APPEALS FIFTH Circuit of a continue established defendant (USA) et al “Slave Trade” Corporations collusion in (RICO) enterprise endeavor as on “appeal” in maintaining, mass fabricated false publications and products, encyclopedia, dictionaries, books, series, trilogies, biographies, autobiographies, Books that Increase Intelligence History books by century by topic
American history books (Biographies ), Children's history books, Including Newsletters, Journals, Bulletins, Fact Sheets, Reports, Summaries, Portable Guides, and Videotapes And the sheer volume of online publicationsdirected at attached Exhibit (A) “Slavery Servitude” pursuant to the direct passage of the
13th Amendment of the United States of America 1865 “Civil War” all congress having “Law Degrees and being Career Politician, professional Legal Counsel, Attorneys at Law, having full knowledge there after February 7th 2013 when Mississippi finally Join the Union, as date “Untied States of America” Did not exist brutal the wrongful murderous Para-Military Knights of The Klu Klux Klansmen, Defendant own Government sponsored Keepers of “Slavery Servitude” well into committed to false publication direct at “Black Lives Matter Slaves and descendant in
PreK-12, being false publication to Higher Ed, Professional, International “World-Wide” both in Government agencies and “World-Wide” false Public published records in the “International Community” of actual false falsification of the legal ratified defendant (USA) 13th amendment of the Constitution being maintain in present timeline 2017 (152) years continue false in publication and whites supremacy propaganda since such “Plaintiffs” Military Slaves herein being involved directly in defendant “USA” “Civil War” being subject to defendant (USA) claiming 1865 falsely publication government decree 13th amendment ratification freeing “Plaintiffs Black Lives Matter” some 44.5 plus “Million” herein which this never was the case to be,
Wherefore before defendant UNITED STATES COURT OF APPEALS FIFTH Circuit Louis Charles Hamilton, II, Plaintiff - Appellant and “Plaintiffs” Black Lives Matter collectively slaves
Motion for a real “Cease and Desist Order”, TRO “Temporary Restraining Order” with “Preliminary Injunction” and “Order to Show Cause”, against each of the following:
1.
“Cease and Desist Order”, and order to show cause against U.S. Government Publishing Office 732 North Capitol St NW, Washington, DC 20401why the 13th amendment being continue fraudulent Published as ratified in 1865 and slavery ended against “Plaintiffs Black Lives Matter in 2013…? When Defendant State of Mississippi actually ratified the 13th amendment freeing all “Slaves of defendant (USA) et al
2.
“Cease and Desist Order”, mass fabricated false publications and products, encyclopedia, dictionaries, books, series, trilogies, biographies, autobiographies, Books that Increase Intelligence History books by century by topic American history books (Biographies ), Children's history books, Including Newsletters, Journals, Bulletins, Fact Sheets, Reports, Summaries, Portable Guides, and Videotapes And the sheer volume of online publications and order to show cause against U.S. Government Publishing Office 732 North Capitol St NW, Washington, DC 20401 from this continue false publication the 13th amendment being continue fraudulent Published as ratified in 1865 and slavery ended against “Plaintiffs Black Lives Matter in 2013…?
3.
“Cease and Desist Order”, and order to show cause against Defendant United States Veterans United States Veterans Initiative, et al (USA) et al, Defendant (DOD) department of defense et al and Defendant Fortune 500 companies Corporations et al, “Slave Traders” mass fabricated false Government criminal/civil RICO Fraud in hiding, obscure, cover up, defendant (USA) et al interstate mail and wire fraud conspiring in fraudulent Official government Documents that Establish fraudulent “Plaintiffs Black Lives Matter” false Employment Eligibility” being actual “Slaves” at the hands of defendant(s) collectively as a “unit” benefitting Further by Conspire, intentional, reckless, gross negligent, aid and abetting government imposed fraudulent scheme of things in obstruction of Justice acting under color of law well designed fraud publication into year 2099 defendant (USA) et al “Cease and Desist Order”, and order to show cause why ongoing two published 13th amendment of the defendant “United States of America et al” Constitution being both claimed legally 148 apart ratified in provision of false freedom to all Plaintiff slaves being made a party to RICO continue “scheme of things” being against law and equity of defendant “USA” et al.
CERTIFICATE OF COMPLIANCE
Pursuant to Federal Rule of Appellate Procedure 32(g) (1) (C) and 27 (d) (2) (A), I certify that Plaintiff-Appellant Louis Charles Hamilton II
Motion for “Cease and Desist Order”, TRO “Temporary Restraining Order” “Preliminary Injunction” and “Order to Show Cause”, and Joining MOTION FOR LEAVE TO FILE in excess of word count 5200
(1) Was prepared using 14-point Times New Roman font;
(2) Is proportionally spaced; and
(3) Contains 15, 831 words
On this ___ Day of _______2017
_________________________
Public Notary
_________________________________
Louis Charles Hamilton II, Cmdr. USN #2712
Pro Se Plaintiff/Appellee,
Certificate of Mail Service
UNITED STATES COURT OF APPEALS FIFTH CIRCUIT and a true and correct copy of “Motion for “Cease and Desist Order”, TRO “Temporary Restraining Order” “Preliminary Injunction” and “Order to Show Cause”, and Joining MOTION FOR LEAVE TO FILE in excess of word count 5200 filed and attach herein mailed having been produce to said
MILLER, SCAMARDI AND CARRABBA, A PROFESSIONAL CORPORATION Attorney at Law Diane F. Burgess Texas Bar No. 24036594 Attorney at Law David L. Miller Texas bar. No.14067300, 6525 Washington Ave, Houston, TX 77007 (Attorney for Defendant)
Joe Czyzyk, Chairman, Chief Executive Officer of United States Veterans Initiative et al.
And Judge Kenneth Michael Hoyt United States Courthouse
515 Rusk Avenue Houston, TX 77002
On this __ Day of _______2017
_________________________
Public Notary
_________________________________
Louis Charles Hamilton II, Cmdr. USN #2712
Pro Se Plaintiff/Appellee,
Cc: Queen Elizabeth II, Princess Elizabeth Alexandra Mary,
Cc: Prince William, Duke of Cambridge, KG, KT, PC, ADC (William Arthur Philip Louis)
Cc: Prince Henry of Wales, KCVO, (Henry Charles Albert David)
Cc: Prime Minister Theresa Mary May
+Prince Harry +NSA Agent +Meghan Markle +Central Intelligence Agency +UNITED NATIONS Headquarters +NATO +British Parliament +Donald Trump News +Hillary Clinton +NATO +Russia +Vladimir Putin +Xi Jingping +Kim Jong Un +Tina Fey +Nasdaq +US Government+Supreme Court C +Supreme Court Cases (SCC) Court Lawyer Opinion
+MLK jr. +Washington Post+The New Yor
+The New York Times EWS HD
+ABC NEWS +CBS Evening News +NBC Nightly News +CNBC +Rachel Maddow Show +SNL Group +Samuel L Jackson +Jackie Chan +GOP +Paul Ryan +POLICE INTERPOL +Pope Francis +Mexico +Sweden +Canada +News24.com +Megyn Kelly +U.S. Navy +USNavySEAL +National Museum of American History+UNITED NATIONS Headquarters +US Senate+The New York Times +Republican National Convention +Black Lives Matter +Pope Francis +USSR Gov+USS JOHN +USS JOHN S McCAIN DDG 56 U Investigation +Federal Reserve bank+USS Ronald Reagan +USS Ronald Reagan CVN 76r.+Nasdaq +Yahoo News +CNBC+Megyn Kelly +HMS Prince +FEDERAL BUREAU INVESTIGATION +NSA Agent +MI6 +Mexico +Canada +US Air Force Academy Association of Graduates
CASE NO. 17- 20321 UNITED STATES COURT OF APPEALS FIFTH CIRCUIT
CASE NO. 17- 20321
UNITED STATES COURT OF APPEALS FIFTH CIRCUIT
Louis Charles Hamilton, II,
Plaintiff-Appellant
Motion for “Cease and Desist Order”, TRO “Temporary Restraining Order” “Preliminary Injunction” and “Order to Show Cause”.
V.
Joe Czyzyk, Chairman, Chief Executive Officer of United States Veterans Initiative; United States Veterans United States Veterans Initiative, et al, Chief Defendant; United States Veterans Initiative, et al, United States Veterans Houston @ The DeGeorge ; United States Veterans Services Center “Employee” John Doe One; United States Veterans Services Center “Employee”, John Doe Two; United States Veterans United States Veterans Initiative, et al, Program Manager “Rex Marsav”; United States Veterans Service Center Coordinator, Melissia Whitley”; United States Veteran Service Center, Linda Adewole” B.A.; United States Veterans Service Center “Employee” Jane Doe Three; United States Veterans Service Center “Employee” John Doe Four; United States Veterans Service Center “Employee” John Doe Five; United States Veterans Houston at the Degeorge
Defendant – Appellee
Motion for “Cease and Desist Order”, TRO “Temporary Restraining Order” “Preliminary Injunction” and “Order to Show Cause”, why defendant Donald John Trump, Sr., 45th President, on behalf of defendant (USA) et al conceal, collusion, conspire, and provide cover up legal leadership as acting executive officer of defendant (USA) et al engaging further on behalf of “whites Supremacy” GOP Republican Party Judicial Government criminal/civil RICO Fraud in hiding, obscure, cover up, defendant (USA) et al interstate mail and wire fraud conspiring in fraudulent Official government Documents that Establish fraudulent “Plaintiffs Black Lives Matter” false Employment Eligibility” upon defendant Fortune 500 companies Corporations et al, and defendant (DOD) department of defense
“Employment Verification Documents” and Military employment records of Plaintiff official legal status being “Slaves”, collective, Louis Charles Hamilton, II, Plaintiff - Appellant moves before the “Court” on additional joining Motion to file in Leave of Court Respectfully Requesting to exceed Word Count 5200 for the direct manipulation of defendant civil rights in obscuring, alter, delete, manipulation and direct destroying the exact government records of defendant (USA) “Slavery History”, direct “systematic destroying the exact Freedom Papers, Manumissions, emancipations documents, proved the free legal status of all 44.5 Million Plaintiff Negro Race person(s) served legal affidavit of slave freedom papers against the fraudulent ratified
13th Amendment committed in passage February 7th 2013 that each Plaintiff Negro Slave status Manumissions and emancipations were being legal in defendant (USA) 1865 documents that made official the act of setting a Negro Plaintiff Black DNA race person (actually) physically free from slavery of defendant (USA) by a living or deceased slaveholder as this was to protect “Plaintiff Black Lives Matter” from slave continue “whites supremacy” catchers and kidnappers, as this Manumission, from manumit /ˌmænjəˈmɪt/, the legal act of a slave owner freeing his or her Plaintiff Black Lives Matter slaves, making a “freedman or freedwoman”
a (claimed) fraudulent defendant (USA) former slave who has been released from slavery, of defendant (USA) et al as this usually was claimed by legal means as this Historically, never occurred in 1865 Civil War aftermath as document in several complaints filed 2011 2017 that Plaintiff Black Lives Matter slaves being actually not descendants but “slaves them self” tricked by “white Man” continue deceit with the aid of (Negros) upon which Plaintiffs Black Lives Matter” were never freed either by manumission (granted freedom by their owner) or never freed either by emancipation (granted freedom as part of a larger group), by defendant (USA) as the 13th amendment granting actual freedom was manipulated for
148 years until defendant (USA) State of “Mississippi” actually in law and equity, committed freedom documents in actually ratified the 13th Amendment upon that Legal Moment February 7th 2013 that made official the act of setting all Negro Plaintiff Black DNA race person(s), and Louis Charles Hamilton, II, Plaintiff - Appellant Cmdr. US Navy (actually) physically free from slavery of defendant (USA) et al, Defendant Donald John Trump, Sr., 45th President, including physically free from slavery of all Co-Defendant(s) “Slave Trade past, present
Fortune 500 companies Corporations et al, “Slave Traders herein continue secret collusion RICO endeavor collusion, in interstate and International mail and wire fraud scheme of things by official conspiring in fraudulent producing Official government “employment Verification documents” and employment records, after the destruction of all “Plaintiff Entire USA Freedom Papers proved the free status of all negro race plaintiff person(s) and served as a legal affidavit being committed to now in 2017
showing fraudulent “legal citizenship status” of defendant (USA) fraud by non-disclosure of actual physical “enslavement” crimes, with destroyed manumission Freedom Papers (granted freedom by their owner) and directly defendant (USA) official destroyed Plaintiff Abe Lincoln emancipation (granted freedom as part of a larger of Plaintiff Black Lives Matter group), criminal actions of defendant (USA) et al as a Unit directed against all living and dead
“Plaintiff Black Lives Matter” peace, will, and dignity in defendant (USA) crimes of slavery by Fraud by Non-Disclosure, the 13th Amendment was not completed in “legal status freedom by government decree ratification for 148 years of “white Man” secret in maintain defendant (USA) et al, Federal Reserve Bank et al, Fortune 500 companies Corporations et al, “Slave Traders” herein continue secret collusion RICO endeavor in “Force Slavery” scheme of things well maintain all trimming of crimes against humanity violation of defendant (USA) own rules of governing laws pursuant to RICO since August 20th 1619 – February 7th 2013 being crimes against humanity 18 U.S.C. § 1589 (forced labor), 18 U.S.C. § 1590 (trafficking with respect to peonage, slavery, involuntary servitude, or forced labor),“Slavery Servitude” money laundering statutes, 18 U.S.C. 1956 and 1957, “Slavery Servitude” money laundering statutes, RICO statute (18 U.S.C. § 1961(1)
Being 1000% in direct violation of the “Chief Defendant “United States of America” et al on governing rules of Laws, there after the passage of the 13th Amendment of the United States of America Constitution, ratified well legal in law and equity delinquent 148 years later well into 2013 on the 7th day against the peace, will, and dignity of held “plaintiff slaves” of defendant (USA) crime in RICO 1865 false, fraudulent void version of just claimed defendant (USA) 13th Amendment government never ratified “plaintiff slaves” freedom for said ongoing Judicial manipulation in among other things “Obstruction of Justice” 13th Amendment government never ratified for 148 years after the passage
Being the defendant (USA) absolute Direct Destruction of the 14th Amendment There after direct atSlave Negro Louis Charles Hamilton II Cmdr. (Secret Service) USN #2712, Pro Se Plaintiff - Appellant
Co-Plaintiff Slave Negro US Veteran Jeffery Tavery Last Four SS # 3120
Co-Plaintiff Slave Negro US Veteran Robert Vaughan Last Four SS # 9279
Co-Plaintiff Slave Negro US Veteran Avery Brown Last Four SS# 6612.,
Co-Plaintiff Slave Negro US Veteran Exactly 1.8 (Million)
And all others “Current” 42.7 Negro Slaves of United State of America similarly the same situated, “Plaintiff Black Lives Matter”, further appearances being official “Slaves” and noncitizens TRO “Temporary Restraining Order” “Preliminary Injunction” and “Order to Show Cause”, defendant(s) collective collusion, RICO Federal/State/local interstate mail and wire fraud, including “International mail and wire fraud, conspiring in fraudulent Official defendant (USA) et al government “employment Verification documents” and “employment records” showing fraudulent “legal citizenship status”
Louis Charles Hamilton, II, Plaintiff - Appellant Joining Motion in Leave of Court to file exceeding 5200 word count against listed defendants (USA) et al Slave Trade Corporations:
United States Veterans United States Veterans Initiative, et al
AETNA 151 Farmington Avenue. Hartford, CT 06156
CSX 500 Water StreetJacksonville, FL 32202
Lehman Brothers, Inc. 745 Seventh Avenue 5th Floor New York, NY 10019
New York Life 51 Madison Avenue New York, NY 10010
Wells Fargo 420 Montgomery Street San Francisco, CA 94104
N M Rothschild & Sons Bank in London New Court, St Swithin's Ln, London EC4N 8AL, United Kingdom
Norfolk Southern Three Commercial Place, Norfolk, Va. 23510
E. W. Scripps Company 312 Walnut Street Suite 2800 Cincinnati, OH 45202
Canadian National Railway Company 935 de La Gauchetière Street West Montreal, Quebec H3B 2M9 Canada
Brown Brothers Harriman & Co 140 Broadway New York, NY 10005-1101
Brooks Brothers 346 Madison Ave. New York, NY 10017
Barclays 2 Churchhill Place, Canary Wharf, London E14 5RB, U.K
AIG Inc. 175 Water St New York, NY, 10038
NASA Headquarters 300 E Street SW Washington DC 20024-3210
1 Wal-Mart Stores Address: 702 SW 8th St, Bentonville, AR 72716
Phone:(479) 273-4000
2 Exxon Mobil 5959 Las Colinas Boulevard Irving, Texas 75039-2298 (972) 444-1000
3 Chevron 6001 Bollinger Canyon Road San Ramon, CA 94583, USA
4 Berkshire Hathaway 3555 Farnam St Suite 1440 Omaha, NE 68131
5 Apple 1 Infinite Loop Cupertino, CA 95014 (408) 996–1010
6 Phillips 66 3010 BriarparkDr, Houston, TX 77042
7 General Motors 300 Renaissance Ctr, Ste L1 Detroit, Michigan 48226 Phone (313) 556-5000
8 Ford Motor 1 American Road P.O. Box 6248. Dearborn, Michigan 48126-2798
9 General Electric 3135 Easton Turnpike, Fairfield, CT 06828
10 Valero Energy One Valero Way San Antonio, Texas 78249 (210) 345-2000
11 AT&T 208 S. Akard St. Dallas, TX 75202
12 CVS Caremark One CVS Drive Woonsocket, RI 02895
13 Fannie Mae 3900 Wisconsin Ave Washington, DC 20016
14 UnitedHealth Group 9900 Bren Rd E. Minnetonka, MN, 55343
15 McKesson One Post Street San Francisco, CA 94104
16 Verizon Communications 140 West Street New York, NY 10007
17 Hewlett-Packard 3000 Hanover Street. Palo Alto, CA 94304-1185
18 J.P. Morgan Chase & Co 270 Park AveNew York, NY 10017-2014
19 Costco Wholesale 999 Lake DriveIssaquah, WA 98027
20 Express Scripts Holding 1 Express Way ST. LOUIS, MO 63121-1824
21 Bank of America 100 North Tryon Street, Charlotte, NC 28255
22 Cardinal Health 7000 Cardinal Place Dublin, OH 43017
23 International Business Machines 1 New Orchard Road Armonk, New York 10504-1722
24 Kroger 1014 Vine Street Cincinnati, OH 45202-1100
25 Marathon Petroleum 539 South Main Street Findlay, OH 45840
26. Citi Group 399 Park Avenue New York, New York 10043
27. Archer Daniels Midland 77 West Wacker Drive Chicago, Illinois
28. AmerisourceBergen 1300 Morris Drive; Chesterbrook, PA 19087
29. Wells Fargo 420 Montgomery Street. San Francisco, CA 94104
30. Boeing 100 North Riverside Chicago, Illinois 60606
31. Procter and Gamble Corporate Office Headquarters One Procter & Gamble Plaza Cincinnati, OH 45202
32. Freddie Mac 8200 Jones Branch Drive. McLean, VA 22102-3110.
33. Home Depot 2455 Paces Ferry Rd NW, Atlanta, GA 30339
34. Microsoft One Microsoft Way Redmond, WA 98052-6399
35. Amazon.com 410 Terry Ave N Seattle, WA 98109
36. Target 1000 Nicollet Mall Minneapolis, Minnesota 55403
37. Wal-Greens Co. 200 Wilmot Rd Deerfield, Illinois 60015
38. WellPoint 120 Monument Circle. Indianapolis, IN 46204-4903
39. Johnson & Johnson One Johnson & Johnson Plaza New Brunswick, New Jersey 08933
40. American International Group 175 Water St. New York, NY, 10038
41. State Farm Insurance 1 State Farm Plz Bloomington, IL 61710
42. MetLife 200 Park Avenue. New York, NY 10166
43. PepsiCo 700 Anderson Hill Road, Purchase, New York 10577
44. Comcast 1701 JFK Boulevard. Philadelphia, PA 19103
45. United Technologies 10 Farm Springs Rd. Farmington, CT 06032
46. Google 1600 Amphitheatre Parkway. Mountain View, CA 94043
47 ConocoPhillips 600 North Dairy Ashford Houston, TX 77079
48. Dow Chemical 2030 Dow Center Midland, MI 48674
49. Caterpillar 100 NE Adams St, Peoria, IL 61629
50. U.P.S. 55 Glenlake Parkway, NE. Atlanta , GA 30328.
51. Pfizer 610 Main St, Cambridge, MA 02139
52. Lowe's Companies 1000 Lowes Blvd, Mooresville, NC 28117
53. Intel Corporation 2200 Mission College Blvd. Santa Clara, CA
54. Energy Transfer Equity, L.P. 3738 Oak Lawn Ave DALLAS, TX 75219-4333
55. Cisco Systems, Inc 170 West Tasman Drive San Jose, CA 95134-1706
56. Enterprise Products 1100 Louisiana St, Houston, TX 77002
57. AETNA 151 Farmington Avenue. Hartford, CT 06156
58. The Coca-Cola Company 1 Coca Cola PlzNw Atlanta, GA 30313
59. Lockheed Martin Corporation 6801 Rockledge Dr Bethesda, MD 20817-1877
60. Best Buy Co., Inc 7601 Penn Avenue South Richfield Minnesota 55423
61. The Walt Disney Company 500 South Buena Vista Street MC 9722. Burbank, California 91521
62. CHS Inc 5500 CenexDr, Inver Grove Heights, MN 55077
63. Sysco Corporation 1390 Enclave Pkwy, Houston, TX 77077
64. FedEx Corporation 942 S Shady Grove Rd, Memphis, TN 38119
65. Merck & Co., Inc 2000 Galloping Hill Road. Kenilworth, N.J. 07033
66. INTL FCStoneInc 708 Third Avenue New York, New York 10017
67. Safeway Inc 5918 Stoneridge Mall Rd, Pleasanton, CA 94588
68. Johnson Controls 5757 N. Green Bay Ave. P.O. Box 591. Milwaukee, WI 53201
69. Ingram Micro Inc 3351 Michelson Drive, Suite 100. Irvine, CA 92612-0697
70. Plains GP Holdings 333 CLAY ST SUITE 1600 HOUSTON, TX 77002
71. World Fuel Services Corporation 9800 N.W. 41st Street Miami, FL 33178
72. Prudential Financial 751 Broad Street. Newark, NJ 07102
73. Humana Inc 500 W. Main St. Louisville, KY 40202
74. The Goldman Sachs Group 200 West Street, 29th Floor New York, NY 10282
75. Tesoro Corporation 19100 Ridgewood Pkwy, San Antonio, TX, 78259-1834
76.Liberty Mutual Holding Company 175 Berkeley St., Boston, MA, 02116
77. Honeywell International 101 Columbia Road Morristown, NJ 07962
78. United Continental Holdings 233 S Wacker Dr CHICAGO IL 60606-7147
79. HCA Holdings 1 Park Plaza, Nashville, TN 37203
80. Deere & Company 1 John Deere Pl, Moline, IL 61265
81. Delta Air Lines, Inc 1030 Delta Blvd, Atlanta, GA 30354
82. Oracle Corporation 520 Oracle Pkwy, Redwood City, CA 94065
83. Morgan Stanley 1585 Broadway, New York, NY 10036
84. Hess Corporation 1185 Avenue of the Americas 40th Floor New York, NY 10036
85. Twenty-First Century Fox 1211 Avenue of the Americas NEW YORK, NY 10036
86. E.I. du Pont de Nemours and Company 1007 Market Street Wilmington, DE 19898
87. Sears Holdings Corporation 3333 Beverly Road, Hoffman Estates, IL 60179
88. New York Life Insurance Company 51 Madison Avenue New York, NY 10010
89. Mondelez International, Inc 3 Parkway North Deerfield, IL 60015
90. American Express Company 50th, 200 Vesey St, New York, NY 10285
91. Nationwide Mutual Insurance Co 1 Nationwide Plaza, Columbus, OH, 43215
92. The Allstate Corporation 2775 Sanders Road Northbrook, IL 60062
93. Tyson Foods, Inc 2200 W. Don Tyson Parkway Springdale, AR 72762
94. Supervalu Inc 7075 Flying Cloud Dr, Eden Prairie, MN 55344
95. TIAA-CREF 730 Third Ave. New York, NY 10017
96. Massachusetts Mutual Life Insurance Company 1295 State Street
Springfield, MA 01111
97. CIGNA Corporation 900 Cottage Grove Rd, Bloomfield, CT 06002
98. DIRECTV 2230 E Imperial Hwy. El Segundo, CA 90245
99. General Dynamics Corporation 2941 Fairview Park Dr #100, Falls Church, VA 22042
100. Philip Morris International Inc 6601 W. Broad Street. Richmond, VA 23230-1723
101. 3M Company I-94 and McKnight Rd. St. Paul, MN 55144-1000
102. Time Warner Inc One CNN Center Atlanta, Georgia 30303
103. Halliburton Company 3000 North Sam Houston Parkway East
104. Publix Super Markets, Inc 3300 Publix Corporate Pkwy Lakeland, FL 33811
105 International Paper Company 6400 Poplar Ave, Memphis, TN 38119
106 McDonald's Corporation 2111 McDonald's Dr. Oak Brook, IL 60523.
107 Macy's, Inc. 7 W 7th St, Cincinnati, OH 45202
108 The TJX Companies, Inc. 770 Cochituate Rd, Framingham, MA 01701
109 Fluor Corporation 6700 Las Colinas Blvd. Irving, Texas United States 75039
110 Northwestern Mutual Life Insurance Company,Inc. 720 East Wisconsin Avenue Milwaukee WI 53202-4797
111 Tech Data Corporation 5350 Tech Data Drive Clearwater, FL 33760
112 American Airlines Group Inc. 4333 Amon Carter Blvd Fort Worth, TX 76155
113 The Hartford Financial Services Group, Inc. One Hartford Plaza Hartford, CT 06155
114 The Travelers Companies, Inc. 485 Lexington Avenue New York, NY 10017
115 Nike, Inc. 1 SW BowermanDr Beaverton, Oregon 97005
116 Occidental Petroleum Corporation 5 Greenway Plaza, Suite 110. Houston, Texas 77046-0521
117 Avnet, Inc. 2211 South 47th Street Phoenix, AZ 85034
118 Rite Aid Corporation 433 Railroad Ave, Shiremanstown, PA 17011
119 Exelon Corporation 10 South Dearborn St Chicago, IL 60603
120 Qualcomm Incorporated 5775 Morehouse Drive San Diego, CA 92121
121 Emerson Electric Co. 8000 West Florissant Avenue, P.O. Box 4100. St. Louis, MO 63136
122 Northrop Grumman Corporation 2980 Fairview Park Drive Falls Church, VA 22042
123 Duke Energy Corporation 550 South Tryon Street, Suite 180 Charlotte, North Carolina 28202
124 Capital One Financial Corporation 1680 Capital One Tower Dr, McLean, VA 22102
125 Aflac Incorporated 1932 Wynnton Rd, Columbus, GA 31999
126 Raytheon Company 870 Winter Street Waltham, MA 02451-1449
127 Staples, Inc. 500 Staples Dr, Framingham, MA 01702
128 EMC Corporation 176 South St, Hopkinton, MA 01748
129 Eli Lilly and Company 893 S Delaware St, Indianapolis, IN 46225
130 Alcoa Inc. 390 Park Avenue New York, NY 10022
131 National Oilwell Varco, Inc. 7909 Parkwood Circle DrLbby Houston, TX 77036
132 Baker Hughes Incorporated 2929 Allen Parkway Houston, TX 77019
133 US Foods, Inc. 9399 West Higgins Road Suite 500 Rosemont, IL 60018
134 Time Warner Cable Inc. 60 Columbus Circle New York, NY 10023
135 Union Pacific Corporation 1400 Douglas St., Stop 1560 Omaha, NE 68179
136 Abbott Laboratories 100 Abbott Park Road. Abbott Park, Illinois 60064
137 Xerox Corporation 45 Glover Avenue. Norwalk, CT 06856-4505
138 Arrow Electronics, Inc 7459 S. Lima Street, Building 1, Englewood, CO 80112
139 Kimberly-Clark Corporation 351 Phelps Dr, Irving, TX 75038
140 U.S. Bancorp 800 Nicollet Mall Minneapolis, Minnesota 55402
141 United Services Automobile Association 10750 W I-10. San Antonio, TX 78288
142 Freeport-McMoRan Copper & Gold Inc. 333 N. Central Ave. - Phoenix, AZ 85004
143 Icahn Enterprises L.P. 767 Fifth Avenue, 47th Floor New York, New York 10153
144 ManpowerGroup Inc. 100 Manpower Place Milwaukee, WI 53212
145 HollyFrontier Corporation 2828 N. Harwood, Suite 1300 Dallas, TX 75201
146 Global Partners LP 800 South Street, Suite 500, P.O. Box 9161, Waltham, MA 02454-9161
147. The Goodyear Tire & Rubber Company 200 Innovation Way Akron, Ohio 44316
148. PBF Energy Inc 1 Sylvan Way, 2nd Fl Parsippany NJ, 07054
149 Danaher Corporation 2200 Pennsylvania Ave NW Suite 800W, Washington, DC 20037
150 Nucor Corporation 1915 Rexford Rd Charlotte, NC 28211
151 Kohl's Corporation N56w17000 Ridgewood Dr, Menomonee Falls, WI 53051
152 AbbVie Inc. 1 North Waukegan Road North Chicago, IL 60064
153 Whirlpool Corporation 2000 N M 63 Benton Harbor, Michigan 49022
154 Amgen Inc. 1 Amgen Center Dr, Newbury Park, CA 91320
155 Jabil Circuit, Inc. 10560 Dr. Martin Luther King Jr. St. N, St. Petersburg, FL 33716
156 Kraft Foods Group, Inc. 3 Lakes Dr, Northfield, IL 60093
157 The Progressive Corporation 6300 Wilson Mills Rd. Mayfield Village, Ohio 44143
158 CenturyLink, Inc. 100 CenturylinkDr, Monroe, LA 71203
159 General Mills, Inc. 9000 Plymouth Ave N, Minneapolis, MN 55427
160 Southwest Airlines Co. 2702 Love Field Dr. Dallas, TX 75235
161 Altria Group, Inc. 6601 W Broad St Richmond, VA, 23230
162 AutoNation, Inc. 200 SW 1st Ave, Fort Lauderdale, FL 33301
163 Chesapeake Energy Corporation 6100 N Western Ave Oklahoma City, OK, 73118
164 Dollar General Corporation 100 Mission Ridge, Goodlettsville, TN 37072
165 TRW Automotive Holdings Corp. 12001 Tech Center Dr Livonia, MI, 48150
166 United States Steel Corporation 600 Grant St, Pittsburgh, PA 15219
167 Mercury Air Group, Inc. 2780 SkyparkDr Torrance, CA 90505
168 Moelis& Company 399 Park Avenue, 5th Floor New York, NY 10022
169 Lazard China Limited.Room 3701, 37/F China World Tower 3.No.1 Jianguomenwai Avenue, Chaoyang District. Beijing 100004
170 RIT Capital Partners plc, 27 St. James's Place London SW1A 1NR
171 BanquePrivée Edmond de Rothschild S.A. Avenue Agassiz 2, 1002 Lausanne, Switzerland
172 The Edmond de Rothschild Group
Presidency : Benjamin de Rothschild (since 1997)
Vice-presidency :Ariane de Rothschild (since 2009)
Ariane de Rothschild : Chair of the Executive Committee
Yves Aeschlimann : Group Head of Legal and Compliance
Emmanuel Fievet : CEO Edmond de Rothschild (Suisse) S.A.
Jean-Christophe Pernollet : Group Chief of Risk & Credit
Vincent Taupin : CEO Edmond de Rothschild (France)
Laurent Tignard : CEO Edmond de Rothschild Asset Management
Cynthia Tobiano : Group Chief Financial Officer
EmanuelaBonadiman : Group Head of Human Resources
Pierre-Etienne Durand : Group Head of Strategy and International Development
Charlotte Garnier-Peugeot : Group Head of Communications and Marketing
Sabine Rabald : Group Chief Operating Officer
166 United States Steel Corporation 600 Grant St, Pittsburgh, PA 15219
167 Colgate-Palmolive Company 300 Park Avenue Floor 8 New York, NY 10022
168 Cummins Inc. 500 Jackson Street Columbus, IN 47201
169 PACCAR Inc 777 106th Avenue N.E.. Bellevue, WA 98004
170 The Southern Company 30 Ivan Allen Jr. Blvd. NW Atlanta, GA 30308
171 Illinois Tool Works Inc. 155 Harlem Avenue Glenview, IL 60025
172 The PNC Financial Services Group, Inc. 249 Fifth Ave, Pittsburgh, PA 15222
173 Medtronic, Inc. 710 Medtronic Parkway Minneapolis, Minnesota 55432-5604
174 The Aes Corporation 4300 Wilson Boulevard # 1100 Arlington, VA 22203
175 Murphy USA Inc. corporate 200 Peach Street El Dorado, AR 71730.
176 Bristol-Myers Squibb Company 345 Park Ave New York, NY 10154.
177 Lear Corporation 21557 Telegraph Rd, Southfield, MI 48033
178 The Gap, Inc. 2 Folsom St. San Francisco, CA 94105
179 Apache Corporation 2000 Post Oak Blvd., Suite 100. Houston, TX 77056-4400
180 eBay Inc. 2065 Hamilton Ave San Jose, CA
181 The Bank of New York Mellon Corporation 225 LIBERTY STREET, NEW YORK, New York, 10286,
182 CBS Corporation 51 W. 52nd Street New York, NY 10019-6188
183 PG&E Corporation 77 Beale Street, 24th Floor Mail Code B24W San Francisco, CA 94105
184 ConAgra Foods, Inc. One ConAgra Drive Omaha, NE 68102-5001
185 Computer Sciences Corporation 3170 Fairview Park Drive. Falls Church, VA 22042.
186 American Electric Power Company, 1 Riverside Plaza Columbus, OH, USA
43215-2372
187 Western Digital Corporation 3355 Michelson Drive, Suite 100. Irvine, California 92612
188 Marathon Oil Corporation 5555 San Felipe Street Houston, TX 77056-2723
189 Baxter International Inc. One Baxter Parkway Deerfield, IL 60015-4633
190 PPG Industries, Inc. One PPG Place Pittsburgh, PA 15272
191 NextEra Energy, Inc. 700 Universe Blvd Juno Beach, FL 33408
192 Community Health Systems, Inc. 4000 Meridian Boulevard Franklin, Tennessee, 37067
193 Loews Corporation 667 Madison Avenue New York, NY 10065-8087
194 Penske Automotive Group, Inc. 2555 Telegraph Road Bloomfield Hills, MI 48302-0954
195 FirstEnergy Corp. 341 White Pond Dr., Building B3 Akron, Ohio 44320
196 Starbucks Corporation 2401 Utah Ave S Ste 800 • Seattle, WA 98134-1435
197 Monsanto Company 800 N Lindbergh Blvd St Louis, MO 63167
198 Kellogg Company Kellogg's 1 Kellogg Sq Battle Creek, MI 49017
199 Land O'Lakes, Inc. 4001 Lexington Ave. N, Arden Hills, MN 55162
200 ONEOK, Inc. 100 W 5th St Ste 200. Tulsa, OK 74103-4227
201 Omnicom Group Inc. 437 Madison Avenue New York, New York 10022
202 Anadarko Petroleum Corporation 1201 Lake Robbins Drive The Woodlands, Texas 77380
203 EOG Resources, Inc. 1111 Bagby St # 28, Houston, TX 77002
204 DISH Network Corporation 9601 S. Meridian Blvd. • Englewood, CO 80112
205 Genuine Parts Company 2999 Circle 75 Pkwy, Atlanta, GA 30339
206 Kinder Morgan, Inc. 1001 Louisiana St, Suite 1000 Houston, TX 77002
207 Waste Management, Inc. 1001 Fannin St #4000, Houston, TX 77002
208 The Chubb Corporation 15 Mountainview Road Warren, NJ 07059
209 Aramark Holdings Corporation 1101 Market Street Philadelphia, PA 19107
210 Viacom Inc. 1515 BroadwayNew York, New York 10036
211 Las Vegas Sands Corp. 3355 S Las Vegas Blvd, Las Vegas, NV 89109
212 Dominion Resources, Inc. P.O. Box 26666 Richmond VA 23261
213 Ecolab Inc. 360 N. Wabasha Street St. Paul, MN 55102-2233.
214 Smithfield Foods, Inc. 200 Commerce St. Smithfield, Virginia 23430-1204
215 Thermo Fisher Scientific Inc. 81 Wyman Street Waltham, MA USA 02451
216 Yum! Brands, Inc. 1441 Gardiner Lane, Louisville, Kentucky 40213
217 Parker-Hannifin Corporation 6035 Parkland Boulevard Cleveland, Ohio 44124
218 Whole Foods Market, Inc. 807 Las Cimas Pkwy, Austin, TX 78746
219 Marriott International, Inc. 10400 Fernwood Rd; Bethesda, Maryland 20817
220 C. H. Robinson Worldwide, Inc. 14701 Charlson Road Eden Prairie, MN 55347
221 L-3 Communications Holdings, Inc. 600 Third Avenue New York, NY 10016
222 Edison International P.O. Box 976. Rosemead, CA 91770
223 Toys "R" Us, Inc. 859 Berdan Ave, Wayne, NJ 07470
224 Nordstrom, Inc. 1617 6th Ave., Seattle, WA, 98101.
225 Consolidated Edison, Inc. 4 Irving Place, New York, New York 10003
226 Marsh & McLennan Companies, Inc. Marsh & McLennan Companies 1166 Avenue of the Americas New York, NY 10036
227 Texas Instruments Incorporated 12500 TI Boulevard Dallas, Texas 75243
228 Textron Inc. 40 Westminster Street. Providence, RI 02903
229 Tenet Healthcare Corporation 1445 Ross Ave. Suite 1400 Dallas, Texas 75202
230 DaVita HealthCare Partners Inc. 2000 16th St. Denver, CO 80202
231 CSX Corporation 500 Water Street Jacksonville, FL 32202.
232 Lincoln National Corporation 150 N RADNOR CHESTER RD RADNOR, PA 19087-5252
233 Praxair, Inc. 39 Old Ridgebury Rd. Danbury, CT 06810 USA
234 PPL Corporation Two North Ninth Street Allentown, PA 18101-1179
235 J.C. Penney Company, Inc. 6501 Legacy Drive Plano, TX 75024
236 Peter Kiewit Sons', Inc. 3555 Farnam St. Omaha, NE
237 Jacobs Engineering Group Inc. 155 North Lake Avenue Pasadena, California 91101
238 Visa Inc. 900 Metro Center Blvd Foster City, CA, 94404
239 H.J. Heinz Company 1 PPG Place, Ste. 3100 Pittsburgh PA 15222
240 CarMax, Inc. 12800 Tuckahoe Creek Pkwy., Richmond, VA, 23238.
241 V.F. Corporation 105 Corporate Center Blvd. Greensboro, NC 27408
242 Entergy Corporation Entergy Corporation. 350 Pine Street Beaumont, TX 77701
243 Automatic Data Processing, Inc. 1 Adp Blvd. Roseland, NJ 07068
244 NRG Energy, Inc. 804 Carnegie Center Princeton, NJ 08540-6213
245 Guardian Life Ins. Co. of America 7 Hanover Square New York, NY, 10004
246 Liberty Interactive Corporation 12300 Liberty Boulevard Englewood, CO 80112
247 Norfolk Southern Corporation Three Commercial Place Norfolk, VA 23510-2191
248 Office Depot, Inc. 6600 North Military Trail Boca Raton, FL 33496
249 Ameriprise Financial, Inc. 1099 Ameriprise Financial Center Minneapolis, MN 55474
250 Gilead Sciences, Inc. 333 Lakeside Drive Foster City, CA 94404
251 Centene Corporation CentenePlaza 7700 Forsyth Blvd. St. Louis, MO 63105
252 Leucadia National Corporation 315 Park Avenue South New York, NY 10010
253 Huntsman Corporation 10003 Woodloch Forest Drive The Woodlands, TX 77380
254 Health Net, Inc. 21650 Oxnard Street. Woodland Hills, CA 91367
255 Stanley Black & Decker, Inc. 1000 Stanley Drive New Britain, CT 06053
256 URS Corporation 600 Montgomery St Fl 26 San Francisco, CA 94111
257 Xcel Energy Inc. 414 Nicollet Mall Minneapolis, MN 55401
258 Bed Bath & Beyond Inc. 650 Liberty Ave, Union, NJ 07083
259 Navistar International Corporation 2701 Navistar Dr LISLE, IL 60532-3637
260 SynnexCorporation 44201 Nobel Dr Fremont, CA 94538
261 First Data Corporation 5565 Glenridge Connector NE, Suite 2000. Atlanta, GA 30342
262 AGCO Corporation 4205 River Green Parkway Duluth, GA 30096
263 L Brands, Inc. Three Limited Parkway Columbus, OH 43230
264 Hertz Global Holdings, Inc. 8501 WILLIAMS ROAD ESTERO, FL 33928
265 CDW Corporation 200 N Milwaukee Avenue Vernon Hills, IL 60061
266 CST Brands, Inc. 19500 Bulverde Road San Antonio, TX 78259
267 Sempra Energy 488 8th Ave. San Diego, CA 92101
268 R.R. Donnelley & Sons Company 111 South Wacker Drive Chicago, Illinois 60606-4301
269 BB&T Corporation 200 West Second Street Winston-Salem, NC 27101
270 Devon Energy Corporation 333 W Sheridan Ave • Oklahoma City, OK 73102-5010
271 Family Dollar Stores, Inc. Post Office Box 1017 Charlotte, North Carolina 28201-1017
272 Unum Group 1 Fountain Sq Chattanooga, TN 37402
273 Ally Financial Inc. 200 Renaissance Center Detroit, MI 48243
274 Reinsurance Group of America, Incorporated 16600 Swingley Ridge Road, Chesterfield, Missouri 63017
275 State Street Corporation 100 Summer Street Boston, Massachusetts 02110
276 Air Products & Chemicals, Inc. 7201 Hamilton Blvd. Allentown, PA 18195-1501
277 Ross Stores, Inc. 5130 Hacienda Drive Dublin, CA 94568
278 The Sherwin-Williams Company 101 W. Prospect Avenue Cleveland, Ohio 44115
279 The Estee Lauder Companies Inc. 767 5th Ave (at W 59th St.) New York, NY 10153
280 BlackRock, Inc. 55 East 52nd Street New York, NY 10055
281 Western Refining, Inc. 212 N. Clark Street El Paso, TX 79905
282 Avon Products, Inc. 777 Third Avenue New York, NY 10017
283 The Mosaic Company Atria Corporate Center Suite E490 3033 Campus Drive
Plymouth, MN 55441
284 Public Service Enterprise Group Incorporated 80 Park Plaza P.O. Box 570
Newark, New Jersey 07101
285 Dean Foods Company 2711 North Haskell Avenue, Suite 3400. Dallas, Texas 75204
286 Cameron International Corporation 1333 West Loop S #1700, Houston, TX 77027
287 MGM Resorts International 111 East Harmon Avenue, Las Vegas, NV 89109
288 KKR & Co. L.P. 9 W 57th St Ste 4200 New York, NY 10019-2707
289 Hilton Worldwide Holdings Inc. 7930 Jones Branch Drive McLean, Virginia 22102
290 DTE Energy Company One Energy Plaza Detroit, MI 48226
291 Genworth Financial, Inc. 6620 W. Broad St. Richmond, VA 23230
292 Henry Schein, Inc. 135 Duryea Road Melville, NY 11747
293 Rock-Tenn Company 504 Thrasher Street Norcross, GA 30071
294 WellCare Health Plans, Inc. 8725 Henderson Road, Tampa, FL 33634
295 W.W. Grainger, Inc. 100 Grainger Parkway Lake Forrest, Illinois 60045-5201
296 Discover Financial Services 2500 Lake Cook Rd Riverwoods, IL 60015
297 Eastman Chemical Company 200 South Wilcox Drive Kingsport, Tennessee 37660
298 Principal Financial Group, Inc. 711 High St, Des Moines, IA 50392
299 Reliance Steel & Aluminum Co. 6650 N Ensign St. Portland, Oregon 97217-3925
300 AutoZone, Inc. 123 S. Front St. Memphis, TN 38103
301 Dover Corporation 280 Park Avenue New York, NY 10017
302 Micron Technology, Inc. 8000 S. Federal Way P.O. Box 6 Boise, ID 83707-0006
303 Owens & Minor, Inc. 9120 Lockwood Boulevard Mechanicsville, VA 23116
304 Assurant, Inc. 1 Chase Manhattan Plz #41. New York, NY 10005
305 GameStop Corp. 625 Westport Parkway Grapevine, Texas
(Address of principal executive offices) 76051
306 Stryker Corporation 2825 Airview Boulevard Kalamazoo, MI 49002
307 Group 1 Automotive, Inc. 800 Gessner, Suite 500. Houston, Texas 77024
308 Cognizant Technology Solutions Corporation 500 FRANK W. BURR BLVD. TEANECK, NJ 07666
309 Sonic Automotive, Inc. 4401 Colwick Road, Charlotte, NC 28211
310 Autoliv, Inc. 3350 AIRPORT RD. City: OGDEN. State: UT. Zip Code: 84405
311 Hormel Foods Corporation 1 Hormel Place Austin, MN 55912
312 Motorola Solutions, Inc. 8000 W Sunrise Blvd. Plantation, Florida 33322-4170
313 Crown Holdings, Inc. One Crown Way Philadelphia, PA 19154-4599
314 SunTrust Banks, Inc. 303 Peachtreet St, N.E. Atlanta, Georgia 30308
315 Campbell Soup Company 1 Campbell Pl Camden NJ 08103
316 Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, FL 32204
317 HD Supply Holdings, Inc. 3622 S 30Th St. Phoenix, Arizona 85040-8611
318 Caesars Entertainment Corporation Palace Drive Las Vegas, NV, 89109
319 Darden Restaurants, Inc. 1000 Darden Center Dr • Orlando, FL 32837-4032
320 Weyerhaeuser Company 33663 Weyerhaeuser Way South Federal Way, WA 98003
321 Ball Corporation 95 Ballard Rd,. Middletown, NY 10941
322 Precision Castparts Corp. 1800 Innovation Way, Hartford, WI 53027
323 Masco Corporation 21001 Van Born Road Taylor, MI 48180
324 Universal Health Services, Inc. Universal Corporate Center, P.O. Box 61558
325 Republic Services, Inc. 18500 N. Allied Way Phoenix, AZ 85054
326 MasterCard Incorporated 2000 Purchase Street Purchase, NY 10577
327 Newmont Mining Corporation 555 5th St, Elko, NV. 89801
328 Broadcom Corporation 5300 California Ave • Irvine, CA 92617-3038
329 Reynolds American Inc. 401 N. Main St. P.O. Box 2990 Winston-Salem, NC 27101-2990
330 PVH Corp. 1001 Frontier Rd Bridgewater NJ 08807
331 Charter Communications, Inc. 12405 Powerscourt Dr. St. Louis, MO 63131
332 AECOM Technology Corporation 1999 Avenue of the Stars Suite 2600. Los Angeles, CA 90067
333 CenterPoint Energy, Inc. 1111 Louisiana Street Houston, Texas 77002
334 Pacific Life P.O. Box 9000 Newport Beach, CA 92658-9030
335 Thrivent Financial for Lutherans 625 Fourth Ave. S. Minneapolis, MN 55415-1624
336 Becton, Dickinson and Company 1 Becton Drive Franklin Lakes, New Jersey 07417-1880
337 Franklin Resources, Inc. One Franklin Parkway San Mateo, CA 94403-1906
338 Tenneco Inc. 1 International Dr,. Monroe, MI 48161
339 TravelCenters of America LLC 24601 Center Ridge Rd Ste 200 • Westlake, OH 44145-5677
340 Avis Budget Group, Inc. 6 Sylvan Way,. Parsippany, NJ 07054.
341 Facebook, Inc. Facebook 1 Hacker Way Menlo Park, CA 94025
342 Dollar Tree, Inc. 500 Volvo Pkwy Chesapeake, VA 23320
343 Corning Incorporated Corporate Center 2200 W. Salzburg Rd. PO Box 994. Auburn MI 48611.
344 Ashland Inc. 50 E. RiverCenter Boulevard, Covington, Kentucky 41011
345 Sealed Air Corporation 8215 Forest Point Boulevard Charlotte, NC 28273
346 Core-Mark Holding Company, Inc.
395 Oyster Point Blvd., #415. So. San Francisco, CA 94080.
347 Oshkosh Corporation 2307 Oregon St. Oshkosh, WI 54902.
348 Coca-Cola Enterprises, Inc. 1 Coca Cola Plz NW Atlanta, GA 30313
349 WESCO International, Inc. Suite 700 225 West Station Square Drive Pittsburgh, PA 15219-1122.
350 Applied Materials, Inc. 3050 Bowers Avenue Santa Clara, California 95054-3299
351 Visteon Corporation 1 Village Center Dr • Van Buren Twp, MI 48111-5711
352 BorgWarner Inc. 3850 Hamlin Road Auburn Hills, MI, 48326
353 Spectrum Group International, Inc. 18061 Fitch Irvine, CA 92614
354 Oaktree Capital Group, LLC 333 SOUTH GRAND AVENUE 28TH FLOOR LOS ANGELES, CA 90071.
355 Steel Dynamics, Inc. 2601 County Road 700 East Columbia City, Indiana 46725
356 Jarden Corporation 301 Merritt 7 Norwalk, CT 06851
357 Mohawk Industries, Inc. 200 Highland Rd,. Chatsworth, GA 30705
358 Terex Corporation 200 Nyala Farm Road. Westport, CT 06880
359 Northeast Utilities 56 Prospect Street, Hartford, Connecticut 06103.
360 KBR, Inc. KBR Corporate Headquarters 601 Jefferson Street Houston, TX 77002
361 Fifth Third Bancorp 38 Fountain Square Plaza, Cincinnati, OH 45263.
362 UGI Corporation 460 North Gulph Road King of Prussia, PA 19406
363 CBRE Group, Inc. 400 S. Hope Street, 25th Floor Los Angeles, CA 90071
364 Quest Diagnostics Incorporated 3 Giralda Farms Madison NJ 07940
365 Peabody Energy Corporation Peabody Plaza 701 Market St. St. Louis, MO 63101-1826
366 The Hershey Company 100 Crystal A Dr, Hershey, PA 17033
367 Boston Scientific Corporation One Boston Scientific Place. Natick, MA 01760-1537
368 FMC Technologies, Inc. 5875 N. Sam Houston Pkwy. W. Houston TX 77086
369 The Interpublic Group of Companies, Inc. 909 Third Avenue New York, NY 10022
370 Commercial Metals Company 6565 North Macarthur Boulevard # 800 Irving, TX 75039
371 The Pantry, Inc. 305 Gregson Drive Cary, NC 27511
372 Owens-Illinois, Inc. 1 Michael Owens Way Perrysburg, OH 43551
373 American Family Ins. Group 6000 American Parkway Madison, WI 53783
374 Ralph Lauren Corporation 625 Madison Avenue New York, NY 10022
375 Biogen Idec Inc. 225 Binney Street Cambridge, MA 02142
376 PetSmart, Inc. 19601 N 27th Ave Phoenix, AZ 85027
377 Mylan Inc. 1000 Mylan Blvd. Canonsburg, PA 15317
378 Symantec Corporation 350 Ellis Street Mountain View, CA 94043
379 Ameren Corporation One Ameren Plaza 1901 Chouteau Ave. St. Louis, MO 63166
380 The Williams Companies, Inc. One Williams Center Tulsa, OK 74172
381 Barnes & Noble, Inc. 122 5th Avenue #2 New York, NY 10011
382 Huntington Ingalls Industries, Inc. 4101 Washington Ave. Newport News, VA 23607
383 The Priceline Group Inc. 800 Connecticut Avenue Norwalk, CT 06854
384 Agilent Technologies, Inc. 5301 Stevens Creek Blvd Santa Clara, CA 95051
385 Dana Holding Corporation 3939 Technology Dr • Maumee, OH 43537-9194
386 Dillard's, Inc. 1600 Cantrell Road, Little Rock, AR 72201
387 Seaboard Corporation 9000 West 67th Street Shawnee Mission, Kansas 66202
388 Vanguard Health Systems, Inc. 20 BURTON HILLS BLVD NASHVILLE, TN 37215
389 Casey's General Stores, Inc. One SE Convenience BLVD. Ankeny, IA 50021
390 O'Reilly Automotive, Inc. 233 S Patterson Ave • Springfield, MO 65802-2210
391 The Blackstone Group L.P. 345 Park Ave New York, NY 10154
392 Mutual of Omaha Insurance Company 3300 Mutual of Omaha Plaza, Omaha, NE 68175
393 Molina Healthcare, Inc. 8300 NW 33rd St. Suite 400 Miami, FL 33122
394 CMS Energy Corporation One Energy Plaza Jackson, MI 49201
395 Targa Resources Corp. 1000 Louisiana, Suite 4300 Houston, TX 77002
396 Quanta Services, Inc. 2800 Post Oak Blvd., Suite 2600. Houston, Texas 77056.
397 Cablevision Systems Corporation 1111 Stewart Ave. Bethpage, NY 11714
398 Avery Dennison Corporation One Better Way, Chicopee MA 02021.
399 Celanese Corporation 222 W. Las Colinas Blvd., Suite 900N Irving, Texas 75039.
400 Foot Locker, Inc. 330 West 34th Street New York, NY 10001
401 Celgene Corporation 86 Morris Avenue Summit, NJ 07901
402 Advance Auto Parts, Inc. Store Support Center 5008 Airport Road Roanoke, VA 24012
403 Mattel, Inc. 333 Continental Blvd El Segundo, CA 90245
404 Live Nation Entertainment, Inc. 9348 Civic Center Drive, Beverly Hills, CA 90210
405 General Cable Corporation 4 Tesseneer Drive Highland Heights, KY 41076
406 Ryder System, Inc. 11690 NW 105th Street Miami, FL 33178
407 EMCOR Group, Inc. 301 Merritt Seven Norwalk, CT 06851
408 Allergan, Inc. Morris Corporate Center III; 400 Interpace Parkway; Parsippany, NJ 07054
409 W.R. Berkley Corporation 475 Steamboat Road Greenwich, CT 06830
410 Rockwell Automation, Inc. Rockwell Automation Headquarters and Allen-Bradley Clock Tower, Milwaukee, WI 53204
411 NetApp, Inc. 495 East Java Drive Sunnyvale CA 94089
412 Ingredion Incorporated 5 Westbrook Corporate Center Westchester, IL, 60154
413 Level 3 Communications, Inc. 1025 Eldorado Blvd • Broomfield, CO 80021-8254
414 Calpine Corporation 50 West San Fernando Street, Suite 500, San Jose CA 95113.
415 Omnicare, Inc. 201 E 4th St Ste 1500. Cincinnati, OH 45202
416 Erie Insurance Group 100 Erie Insurance Place Erie, PA 16530-1104
417 SLM Corporation 300 Continental Drive Newark, DE 19713
418 D.R. Horton, Inc. 4220 Racetrack Rd. Saint Johns, FL 32256
419 CC Media Holdings, Inc. 200 E Basse Rd, San Antonio, TX 78209
420 Anixter International Inc. 2301 Patriot Blvd. Glenview, IL, 60026-8020
421 Dick's Sporting Goods, Inc. 345 Court St. Corapolis, PA 15108
422 SanDisk Corporation 951 SanDisk Drive Milpitas, CA 95035-7933
423 NCR Corporation 3097 Satellite Blvd, Duluth, GA, 30096-1242
424 Starwood Hotels & Resorts Worldwide, Inc. One Star Point Stamford, CT 06902
425 Expeditors International of Washington, Inc. 300 Tradeport Drive Suite 300
Atlanta GA 30354
426 Fidelity National Information Services, Inc. 100 Crosby Parkway, KC1G
Covington, KY 41015
427 United Natural Foods, Inc. UNFI 313 Iron Horse Way Providence, RI 02908
428 Auto-Owners Insurance Group 6101 Anacapri Blvd. Lansing, MI 48917
429 Windstream Holdings, Inc. 4001 Rodney Parham Road Little Rock, AR 72212
430 Dr Pepper Snapple Group, Inc. 5301 Legacy Drive Plano, TX 75024
431 Lennar Corporation 700 Nw 107th Avenue # 400. Miami, FL 33172
432 Sanmina 2700 North First Street San Jose, CA 95134.
433 Harley-Davidson, Inc. 3700 W Juneau Ave, Milwaukee, WI 53208
434 CONSOL Energy Inc. 1000 Consol Energy Drive Canonsburg, PA 15317-6506
435 The J.M. Smucker Company 10130 Perimeter Pkwy,. Charlotte, NC 28216
436 Newell Rubbermaid Inc. 6655 Peachtree Dunwoody Road. Atlanta, Georgia 30328
437 CH2M HILL Companies, Ltd. 3 Glenlake Pkwy NE, Atlanta, GA 30328-3447
438 Energy Future Holdings Corp. Energy Plaza 1601 Bryan Street Dallas, TX 75201
439 Susser Holdings Corporation 4525 Ayers St, Corpus Christi, TX 78415
440 Laboratory Corporation of America Holdings 1447 YORK CT BURLINGTON , NC
27215-3361
441 Kindred Healthcare, Inc. 680 South Fourth Street Louisville, Kentucky 40202
442 Leidos Holdings Inc. 11951 Freedom Drive Reston, VA 20190
443 Booz Allen Hamilton Holding Corp. 901 15th Street NW Suite 400 Washington, DC 20005 USA
444 The Jones Financial Companies, L.L.L.P. 109 E Toledo St. Fremont, Indiana 46737-2066
445 Cliffs Natural Resources Inc. 200 Public Square, Suite 3300 Cleveland, OH 44114
446 PulteGroup, Inc. 100 Bloomfield Hills Parkway, Suite 300, Bloomfield Hills, MI 48304
447 Regions Financial Corporation 1900 Fifth Avenue North Birmingham, AL 35203
448 NiSource Inc. 801 E. 86th Avenue, Merrillville, Indiana 46410
449 Graybar Electric Company, Inc. 34 North Meramec Avenue Stop 1, Saint Louis, MO 63105-1678.
450 Integrys Energy Group, Inc. 200 East Randolph Street Chicago, IL 60601
451 The Clorox Company 2401 SE C St,. Bentonville, AR 72712
452 Wynn Resorts, Limited 3131 Las Vegas Blvd. South Las Vegas, NV 89109
453 The Andersons, Inc. 480 W. Dussel Drive Maumee OH 43537 ...
454 J.B. Hunt Transport Services, Inc. 615 J B Hunt Corporate Dr. Lowell, AR 72745
455 AK Steel Holding Corporation 9227 Centre Pointe Drive West Chester, Ohio 45069
456 Harbinger Group Inc. 450 Park Avenue 29th Floor New York, NY 10022
457 MeadWestvaco Corporation 3500 45th St SWLanett, AL 36863
458 The Western Union Company Western Union Financial Services, Inc. PO BOX 4430 Bridgeton, MO 63044
459 The Charles Schwab Corporation 211 Main St San Francisco, CA 94105-1901
460 Discovery Communications, Inc. One Discovery Place Silver Spring, MD 20910
461 Spectra Energy Corp 5400 Westheimer Court Houston, TX 77056-5310
462 St. Jude Medical, Inc. One St. Jude Medical Drive St. Paul, MN 55117-9983
463 CF Industries Holdings, Inc. Four Parkway North Suite 400 Deerfield, IL 60015
464 Con-way Inc. 2211 Old Earhart Road, Suite 100, Ann Arbor, MI 48105
465 Old Republic International Corporation 307 N. Michigan Ave Chicago, IL 60601
466 JetBlue Airways Corporation 2701 Queens Plz N, Long Island City, NY 11101
467 Calumet Specialty Products Partners, L.P. 7811 S Presa St. San Antonio, Texas 78223-3547
468 Kelly Services, Inc. 999 West Big Beaver Road Troy, Michigan (USA) 48084-4782
469 Domtar Corporation 100 Kingsley Park Dr,. Fort Mill, SC 29715
470 Murphy Oil Corporation 300 Peach Street El Dorado, Arkansas 71730
471 Harris Corporation 480 Washington Boulevard Jersey City, New Jersey 07310-1900
472 Asbury Automotive Group, Inc. 1290 Franklin Dr Se. Marietta, Georgia 30067-8763.
473 Big Lots, Inc. 300 Phillipi Rd. Columbus, OH 43228
474 Advanced Micro Devices, One AMD Place P.O. Box 3453 Sunnyvale, CA
94088-3453
475 Owens Corning 1 Owens Corning Pkwy Toledo, Ohio 43604
476 Realogy Holdings Corp. 175 Park Avenue Madison, N.J. 07940
477 Host Hotels & Resorts, Inc. 2700 Mission College Blvd Santa Clara, California 95054-1218
478 MRC Global Inc. 1301 McKinney Street Suite 2300. Houston, Texas 77010
479 Simon Property Group, Inc. 225 West Washington Street Indianapolis, Indiana 46204
480 Tractor Supply Company www.481 Gannett Co., Inc. 200 Powell Place Brentwood, TN 37027
482 Alaska Air Group, Inc. 19300 International Boulevard Seattle, WA 98188
483 Insight Enterprises, Inc. 6820 S Harl Ave • Tempe, AZ 85283-4318
485 Buckeye Partners, L.P. One Greenway Plaza Suite 600 Houston, TX
486 Quintiles Transnational Holdings Inc. Plaza Building 4820 Emperor Boulevard Durham, North Carolina 27703
487 American Financial Group, Inc. 301 E Fourth Street Cincinnati, OH 45202
488 United Stationers Inc. One Parkway North Blvd. Suite 100 Deerfield, Illinois
489 Coach, Inc. 516 West 34th Street, New York, NY 10001
490 LKQ Corporation 500 West Madison Street, Suite 2800 Chicago, IL 60661
491 Noble Energy, Inc. 1001 Noble Energy Way, Houston, TX 77070
492 Bemis Company, Inc. One Neenah Center, 4th Floor P.O. Box 669
Neenah, WI 54957
493 Joy Global Inc. 100 East Wisconsin Avenue, Suite 2780 PO Box 554 Milwaukee, WI 53202
494 Wyndham Worldwide Corporation 22 SYLVAN WAY PARSIPPANY, NEW JERSEY 07054
495 NII Holdings, Inc. 1875 Explorer Street, Suite 1000 Reston, Virginia 20190
496 Lorillard, Inc. 714 Green Valley Road, Greensboro, North Carolina 27408-7018
497 Alleghany Corporation 7 Times Square Tower, New York, New York 10036
498 Airgas, Inc. 259 North Radnor-Chester Road, Suite 100 Radnor, Pennsylvania 19087-5283
499 First American Financial Corporation 1 First American Way Santa Ana, California 92707
500 United Rentals, Inc. 450 Glass Lane Modesto, CA 95356
501 Nasdaq One Liberty Plaza 165 Broadway New York, NY 10006
502 NASCAR 1 Plaza Entrance, Daytona Beach, FL 32114
503 CVS/Caremark 9501 East Shea Boulevard Scottsdale, AZ 85260
504 UPS 55 Glenlake Parkway, NE Atlanta , GA 30328.
In the United States Court of Appeals For the Seventh Circuit ________ Nos. 05-3265, 05-3266, 05-3305 IN RE: AFRICAN-AMERICAN SLAVE DESCENDANTS LITIGATION. APPEALS OF: DEADRIA FARMER-PAELLMANN, et al., and TIMOTHY HURDLE, et al. ________ Appeals from the United States District Court for the Northern District of Illinois, Eastern District. No. 02 C 7764—Charles R. Norgle, Sr., Judge.________ ARGUED SEPTEMBER 27, 2006—DECIDED DECEMBER 13, 2006 _________Before EASTERBROOK, Chief Judge, and POSNER and MANION,
Circuit Judges. POSNER, Circuit Judge.Nine suits were filed in federal district courts around the country seeking monetary relief under both federal and state law for harms stemming from the enslavement of black people in America. A tenth suit, by the Hurdle group of plaintiffs, makes similar claims but was filed in a state court and then removed by the defendants to a federal district court. The Multidistrict Litigation Panel consolidated all the suits in the district court in Chicago for pretrial proceedings. 28 2 Nos. 05-3265, 05-3266, 05-3305 U.S.C. § 1407.
Once there, the plaintiffs (all but the Hurdle plaintiffs, about whom more shortly) filed a consolidated complaint, and since venue in Chicago was proper and in any event not objected to by the parties (other than the Hurdle group, whose objection we consider later in the opinion), the district court was unquestionably authorized, notwithstanding Lexecon Inc. v. Milberg Weiss Bershad Hynes &Lerach,523 U.S. 26, 28 (1998), to determine the merits of the suit. In re Carbon Dioxide Industry Antitrust Litigation, 229 F.3d 1321, 1325-27 (11th Cir. 2000); cf. Neirbo Co. v. Bethlehem Shipbuilding Corp., 308 U.S. 165, 167-68 (1939). We are also persuaded that a district court to which a case is transferred under section 1407 can rule on a motion to dismiss the case even if the plaintiff has not agreed to let the court decide the merits. In re Phenylpropanolamine (PPA) Products Liability Litigation, 460 F.3d 1217, 1230-31 (9th Cir. 2006); 15 Charles W. Wright, Arthur R. Miller & Edward H. Cooper, Federal Practice and Procedure § 3866 (2006).
While it is true that the Supreme Court held in the Lexecon case that a transfer under section 1407 does not authorize the district court to retain the case for trial, the Court left open the question whether pretrial proceedings, which are the business (the exclusive business) of the transferee court, include rulings on dispositive pretrial motions, such as motions to dismiss. But the Court hinted that they do include them. Section 1407(a) states that “each action so transferred [by the multidistrict litigation panel] shall be remanded by the panel at or before the conclusion of such pretrial proceedings to the district from which it was transferred unless it shall have been previously terminated.” Concerning this “provision of § 1407(a) limiting the Panel’s remand obligation to cases not ‘previ- Nos. 05-3265, 05-3266, 05-3305 3 ously terminated’ during the pretrial period,” the Court remarked that “this exception to the Panel’s remand obligation indicates that the Panel is not meant to issue ceremonial remand orders in cases already concluded by summary judgment, say, or dismissal,” 523 U.S. at 37 (emphasis added)—implying that the transferee court can indeed decide the entire case at the pretrial stage. And rightly so.
The duty to conduct the pretrial proceedings in a multidistrict litigation entails the transferee court’s ruling on a host of pretrial motions, many of which, whether or not formally dispositive, can shape the litigation decisively.
There is no reason to exclude from the court’s authority rulings on motions to dismiss— especially a motion to dismiss on the ground that there is no federal jurisdiction. It would be odd to require a court to transfer a case to another federal court when it was apparent that neither court had jurisdiction over the case. Were it not for the Hurdle suit, we wouldn’t have to decide whether the district judge could have dismissed the transferred suits had the parties not agreed, by filing a new complaint, to his retaining them after completion of pretrial proceedings. But the Hurdle plaintiffs did not agree, so we cannot duck the question.
The suits are a series of mostly identical class actions on behalf of all Americans descended from slaves with whom one or more of the defendants or their corporate predecessors may have been directly or indirectly involved. The consolidated complaint (the Hurdle complaint is similar, so need not be discussed separately) alleges the following facts, for which we do not vouch, but merely summarize, the complaint having been dismissed before the truth or falsity of the allegations was determined. 4 Nos. 05-3265, 05-3266, 05-3305
The defendants are companies or the successors to companies that provided services, such as transportation, finance, and insurance, to slaveowners. At least two of the defendants were slaveowners; the predecessor of one of the bank defendants once accepted 13,000 slaves as collateral on loans and ended up owning 1,250 of them when the borrowers defaulted, and the predecessor of another defendant ended up owning 346 slaves, also as a consequence of a borrower’s default.
Even before the Thirteenth Amendment, slavery was illegal in the northern states, and the complaint charges that the defendants were violating the laws of those states in transacting with slaveowners. It also claims that there were occasional enslavements long after the passage of theThirteenth Amendment and that some of the defendants were complicit in those too. By way of relief, the complaint seeks disgorgement to the class members of the profits that the defendants obtained from their dealings with slaveowners.
The legal basis for the plaintiffs’ federal claim is 42 U.S.C. § 1982, which provides that “all citizens of the United States shall have the same right, in every State and Territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property.” See City of Memphis v. Greene, 451 U.S. 100, 119- 20 (1981); Jones v. Alfred H. Mayer Co., 392 U.S. 409 (1968). A claim based on a federal statute invokes the federalquestion jurisdiction of the federal courts.
But since most of the conduct of which the plaintiffs complain occurred prior to the passage of the Thirteenth Amendment, and indeed prior to the Civil War, section 1982 does not provide a sturdy basis for the retention of federal jurisdiction over the plaintiffs’ nonfederal claims. A frivolous Nos. 05-3265, 05-3266, 05-3305 5 federal law claim cannot successfully invoke federal jurisdiction. Hagans v. Lavine, 415 U.S. 528, 536-37 (1974); Turner/Ozanne v. Hyman/Power, 111 F.3d 1312, 1317 (7th Cir. 1997); Crowley Cutlery Co. v. United States, 849 F.2d 273, 276- 77 (7th Cir. 1988); Lovern v. Edwards, 190 F.3d 648, 654- 55 (4th Cir. 1999).
So it cannot provide a perch on which to seat nonfederal claims in the name of the federal courts’ supplemental jurisdiction, 28 U.S.C. § 1367. And very few of the plaintiffs have a non-frivolous claim under section 1982. But with one exception, all the nonfederal claims are within the federal diversity jurisdiction and so do not require a federal-law handle.
The exception is Richard E. Barber, Sr.’s suit; for both he and Brown Brothers, one of the defendants in his suit, are citizens of New Jersey. Since he thus cannot invoke diversity as a basis for federal jurisdiction and does not have a colorable section 1982 claim (in fact he makes no section 1982 claim at all), his suit must be dismissed for want of federal jurisdiction without regard to the other challenges that the defendants mount to federal jurisdiction over these suits. The district judge ruled that by virtue of both the political-question doctrine and the requirement of standing to sue derived from Article III of the Constitution, there was no federal jurisdiction over any of the suits and that in any event they had no merit because the applicable statutes of limitations had lapsed and anyway the complaint failed to state a claim. 375 F. Supp. 2d 721 (N.D. Ill. 2005).
The dismissal was with prejudice. But if the judge was correct that there is no jurisdiction, he should have dismissed the suits without prejudice and thus not decided their merits. 6 Nos. 05-3265, 05-3266, 05-3305 The political-question doctrine bars the federal courts from adjudicating disputes that the Constitution has been interpreted to entrust to other branches of the federal government.
The earliest and still the best example is Luther v. Borden, 48 U.S. (7 How.) 1 (1849). Rhode Island had not adopted a new constitution after the break with England, but instead continued to govern itself under its colonial charter. Restive citizens convened a constitutional convention not authorized by the charter. The convention adopted a new constitution to which the charter government refused to submit, precipitating rebellion and the establishment in 1842 of a rival state government. The Supreme Court refused to decide which of the two competing governments was the legitimate oneIt would have been exceedingly difficult to gather and assess, by the methods of litigation, the facts needed for such a decision. Id. at 41-42. It would have been even more difficult to formulate a legal concept of revolutionary legitimacy to guide the decision.
Formulating and enforcing a remedy would have presented additional stumbling blocks. The case simply exceeded judicial capabilities. So the Court left the matter to the President, to whom Congress had delegated the duty of resolving it. Id. at 43; see also Ohio ex rel. Bryan v. Akron Metropolitan Park District, 281 U.S. 74, 79-80 (1930); Pacific States Telephone & Telegraph Co. v. Oregon, 223 U.S. 118, 133- 50 (1912). A case that sought reparations for the wrong of slavery would encounter similar obstacles, but the plaintiffs have been careful to cast the litigation as a quest for conventional legal relief. All they are asking the federal judiciary to do is to apply state law (plus the one federal statute, 42 U.S.C. § 1982) to the defendants’ conduct.
They face, of Nos. 05-3265, 05-3266, 05-3305 7 course formidable obstacles, quite apart from the severely limited applicability of section 1982. To name just one of those obstacles, it is highly unlikely that antebellum laws in northern states were intended to confer financial or other benefits on the twenty-first century descendants of slaves. But the obstacles to the vindication of the plaintiffs’ legal claims have the form at least of conventional defenses to a lawsuit.
If one or more of the defendants violated a state law by transporting slaves in 1850, and the plaintiffs can establish standing to sue, prove the violation despite its antiquity, establish that the law was intended to provide a remedy (either directly or by providing the basis for a common law action for conspiracy, conversion, or restitution) to lawfully enslaved persons or their descendants, identify their ancestors, quantify damages incurred, and persuade the court to toll the statute of limitations, there would be no further obstacle to the grant of relief. But we think that the district court was correct, with some exceptions to be noted, in ruling that the plaintiffs lack standing to sue. It would be impossible by the methods of litigation to connect the defendants’ alleged misconduct with the financial and emotional harm that the plaintiffs claim to have suffered as a result of that conduct. See generally James R. Hackney, Jr.,
“The Jurisprudence of Slavery Reparations: Ideological Conflict, African American Reparations, Tort Causation, and the Case for Social Welfare Transformation,” 84 B.U. L. Rev. 1193 (2004). For example, Aetna is alleged to have written several insurance policies on slaves in the 1850s in violation of state law applicable to the company, and to have obtained premiums from the insureds—the slaveowners—that (we’ll assume) exceeded the cost of the insurance to Aetna (its 8 Nos. 05-3265, 05-3266, 05-3305 expenses plus the payment of proceeds if the insured event came to pass). The plaintiffs argue that Aetna’s net income from this insurance was a wrongful profit that the company should be ordered to restore to the plaintiff classes. If the insurance business was competitive back then (and the plaintiffs do not argue that it was not), Aetna did not profit in an economic sense from the transactions of which the plaintiffs complain (its “profit” would just be its cost of equity capital), and in any event it would have distributed any profits from the transactions to its shareholders long ago.
All that to one side, there is a fatal disconnect between the victims and the plaintiffs. When a person is wronged he can seek redress, and if he wins, his descendants may benefit, but the wrong to the ancestor is not a wrong to the descendants. For if it were, then (problems of proof to one side) statutes of limitations would be toothless. A person whose ancestor had been wronged a thousand years ago could sue on the ground that it was a continuing wrong and he is one of the victims.
The plaintiffs introduce another claim of injury by asserting that had the defendants refused to violate their own states’ laws by doing business with slaveowners, there would have been less slavery because the refusal would have been tantamount to subjecting the slaveowners to a partial boycott. That would have raised their costs, and, by making slavery less profitable, might have reduced the amount of it. (“Might,” not “would,” because the higher costs might simply have depressed the price of a slave.)
And had there been less slavery, the argument continues, some of the ancestors of the members of the plaintiff classes would not have been slaves, but instead free laborers, and they would have had some disposable Nos. 05-3265, 05-3266, 05-3305 9 income part of which they might have saved rather than spent, and left to their heirs.
But this causal chain is too long and has too many weak links for a court to be able to find that the defendants’ conduct harmed the plaintiffs at all, let alone in an amount that could be estimated without the wildest speculation. It is impossible to determine how much, if any, less slavery there would have been had the defendants not done business with slaveowners, what effect a diminution of slavery would have had on bequests by ancestors of the class members, and how much of the value of those bequests would have trickled down to the class members. Suppose a class member could prove that he was descended from one of the slaves insured by Aetna or transported by the Union Pacific Railroad (another defendant) or bought with money lent to the buyer by the predecessor of the JPMorgan Chase Bank (still another defendant), and that these transactions were illegal and that the descendants of slaves are among the people whom the laws were intended to protect.
Had he not been insured or transported or bought with a bank loan, how would the financial welfare of his remote descendant be affected? Would this ancestor have been freed, or perhaps never enslaved in the first place? As the plaintiffs stress, slavery was profitable; is it conceivable that slaveholders would have been unable to insure, transport, and finance the purchase of slaves if northern companies had been excluded from the provision of these services or had refused to violate their states’ laws that sought to keep them from providing the services?
Even if compliance with those laws would have curtailed slavery and even if it could be shown (it could 10 Nos. 05-3265, 05-3266, 05-3305 not be) that as a result of that hypothetical curtailment a plaintiff’s remote ancestor would not have been a slave but instead a free laborer, how could the wages that the ancestor would have earned as a free laborer be shown to have influenced the wealth of his remote descendant? Economists actually study such issues, under the rubric of “intergenerational mobility,” see, e.g., Kerwin Kofi Charles & Erik Hurst,
“The Correlation of Wealth Across Generations,” 111 J. Pol. Econ. 1155 (2003); Keith N. Hylton, “The Jurisprudence of Slavery Reparations: Slavery and Tort Law,” 84 B.U. L. Rev. 1209, 1239-41 (2004), but these are studies of aggregate effects, not of the effects of particular acts, affecting particular individuals, on the wealth of specific remote descendants. There is no way to determine that a given black American today is worse off by a specific, calculatable sum of money (or monetized emotional harm) as a result of the conduct of one or more of the defendants
Nor are the problems of measuring and tracing elided by recasting the relief sought as restitution rather than damages. Restitution—the transfer of the wrongdoer’s gain to his victim—is an alternative to damages, the monetization of the victim’s loss. ConFold Pacific, Inc. v. Polaris Industries, Inc., 433 F.3d 952, 957-58 (7th Cir. 2006); Charter Communications Entertainment I, DST v. Burdulis, 460 F.3d 168, 182 (1st Cir. 2006); Kerr v. Charles F. Vatterott& Co., 184 F.3d 938, 944 (8th Cir. 1999); 1 Dan B. Dobbs, Dobbs Law of Remedies § 4.1, pp. 551, 555 (2d ed. 1993).
It is a sensible remedy for egregious misconduct because it makes the conduct worthless to the defendant by taking away his profit even if it exceeds the loss to the plaintiff. But it presupposes an injury—it is a remedy for a legal wrong—and there is no way in which to determine what if any injury the defendants inflicted on the members of the plaintiff classes. Nos. 05-3265, 05-3266, 05-3305 11 And again, if there were a legal wrong, it would not be a wrong to any living persons unless they were somehow the authorized representatives to bring suits on behalf of their enslaved ancestors. With some exceptions to be noted, the plaintiffs are suing to redress harms to third parties (their ancestors), without being authorized to sue on behalf of those parties. It is like a suit by a descendant of a Union soldier, killed in battle, against a Civil War era gun manufacturer still in business that sold guns to the Confederacy in violation of federal law.
A federal court could not entertain the suit because the plaintiff would be unable to prove a harm to an interest of his (such as his bank account) that the law protects. E.g., Raines v. Byrd, 521 U.S. 811, 818-19 (1997); Sierra Club v. Morton, 405 U.S. 727, 739-40 (1972). It is possible that had the ancestor not died when he did he would have become a wealthy person and left bequests so immense that his remote descendant, the plaintiff, would have inherited more money from his parents or grandparents than he actually did. But that is too speculative an inquiry to provide a basis for a federal suit. See McConnell v. FEC, 540 U.S. 93, 225-26 (2003); Branton v. FCC, 993 F.2d 906, 909 (D.C. Cir. 1993).
The two cases just cited, and others, treat remoteness as a limitation on Article III standing. Still other cases treat it as a nonjurisdictional limitation on who may sue in federal court—but still a limitation. Holmes v. Securities Investor Protection Corp., 503 U.S. 258, 268-69 (1992); Blue Shield of Virginia v. McCready, 457 U.S. 465, 476-77 (1982); Israel Travel Advisory Service, Inc. v. Israel Identity Tours, Inc., 61 F.3d 1250, 1257 (7th Cir. 1995); Allegheny General Hospital v. Philip Morris, Inc., 228 F.3d 429, 435 (3d Cir. 2000).
Another group of cases would deem the suit barred by 12 Nos. 05-3265, 05-3266, 05-3305 Article III because one function of the Article III standing doctrine is to prevent parties with slight interests in a litigation from crowding those who have the main interests. Valley Forge Christian College v. Americans United for Separation of Church & State, Inc., 454 U.S. 464, 473 (1982); Morlan v. Universal Guardian Life Insurance Co., 298 F.3d 609, 621 (7th Cir. 2002); Illinois DOT v. Hinson, 122 F.3d 370, 373 (7th Cir. 1997); People Organized for Welfare & Employment Rights (P.O.W.E.R.) v. Thompson, 727 F.2d 167, 173 (7th Cir. 1984); Abraham v. Intermountain Health Care Inc., 461 F.3d 1249, 1268 (10th Cir. 2006). In our hypothetical case of the Union soldier, the litigant with the paramount interest in the case would be his estate and the damages that the estate could recover would include whatever amount of money he would have wanted his descendant to inherit. If the descendant could sue the tortfeasor directly for that amount (or for the tortfeasor’s profit, in a suit for restitution),
There would be either double recovery or an impossible task of allocating the monetary recovery between the descendant and the estate. A few of the plaintiff’s claims, however, as we noted at the outset, are claims of subjection to involuntary servitude after it was outlawed by the Thirteenth Amendment, and indeed into the twentieth century. Cain Wall, Sr. claims that “during the time that [he] was enslaved”— which he contends extended into the 1960s—“one or more of the defendants were doing business in Mississippi or Louisiana. Some of the defendants had reason to know of the enslavement of Cain Wall and yet failed to take steps to eliminate same, while they continued to inure benefits from the illegal, but sanctioned system of servitude post-emancipation.” But there is no claim that the defendants subjected Wall (or any other class member) to Nos. 05-3265, 05-3266, 05-3305 13 involuntary servitude or did anything to perpetuate or exacerbate his condition. The claim is that they took no steps to free him. The briefs suggest no basis for thinking that there is any kind of Good Samaritan legal duty to eliminate a violation of the Thirteenth Amendment committed by someone else. The limitations that Article III places on the right to sue in a federal court require us to affirm, on the basis of lack of standing, the greater part of the district court’s judgment.
But there are three qualifications. First, although most of the plaintiffs and class members are suing as descendants rather than as representatives of their ancestors’ estates authorized to sue on those ancestors’ behalf, a few do claim to be suing in such a representative capacity. It is highly unlikely that the estate of anyone who died a century or more ago, or indeed more than half a century ago (for although many former slaves survived into the twentieth century, very few would still have been alive 50 years ago, which is to say in 1956, 91 years after the end of the Civil War), has not yet been closed. But the district judge accepted that the purported representatives had a right to sue on behalf of their ancestors, and the defendants offer only a perfunctory rebuttal. We shall assume without deciding that some of the plaintiffs are legal representatives of their slave ancestors.
These plaintiffs not only escape the objection to standing that the suits seek damages for injuries actually suffered by third parties (the ancestors—no longer third parties, but the real parties in interest, merely represented by the plaintiffs), but have less to prove. They just have to prove the injury to the ancestors; the trickle-down question is elided. In all likelihood it would still be impossible for them to prove injury, requiring as that would connecting the 14 Nos. 05-3265, 05-3266, 05-3305 particular slavery transactions in which the defendants were involved to harm to particular slaves.
But in any event, suits complaining about injuries that occurred more than a century and a half ago have been barred for a long time by the applicable state statutes of limitations. It is true that tolling doctrines can extend the time to sue well beyond the period of limitations—but not to a century and more beyond. Slaves could not sue, and even after the Thirteenth Amendment became effective in 1865 suits such as these, if brought in the South, would not have received a fair hearing. However, some northern courts would have been receptive to such suits, and since the defendants are (and were) northern companies, venue would have been proper in those states. Even in the South, descendants of slaves have had decades of effective access to the courts to seek redress for the wrongs of which they complain. And it’s not as if it had been a deep mystery that corporations were involved in the operation of the slave system. See, e.g., Edgar J. McManus, Black Bondage in the North 174 (1973); Kenneth M. Stampp,
The Peculiar Institution: Slavery in the AnteBellum South 397 (1956). The second qualification concerns a claim, rather buried in the complaint but not forfeited, that in violation of state fraud or consumer protection law members of the plaintiff classes have bought products or services from some of the defendants that they would not have bought had the defendants not concealed their involvement in slavery. This claim has nothing to do with ancient violations and indeed would be unaffected if the defendants’ dealings with slaveowners had been entirely legal. It is a complaint of consumers’ being deceived because sellers have concealed a material fact. The injury is the loss Nos. 05-3265, 05-3266, 05-3305 15 incurred by buying something that one wouldn’t have bought had one known the truth about the product.
It is true that under no consumer protection law known to us, whether a special statute or a doctrine of the common law of contracts or torts, has a seller a general duty to disclose every discreditable fact about himself that might if disclosed deflect a buyer. To fulfill such a duty he would have to know much more about his consumers than he possibly could. But the plaintiffs are charging the defendants with misrepresenting their activities in relation to slavery. A seller who learns that some class of buyers would not buy his product if they knew it contained some component that he would normally have no duty to disclose, but fearing to lose those buyers falsely represents that the product does not contain the component, is guilty of fraud.
An example would be a manufacturer who represented that his products were made in the United States by companies that employ only union labor, whereas in fact they were made in
Third World sweatshops. See Kasky v. Nike, Inc., 45 P.3d 243, 248 (Cal. 2003); Price v. Philip Morris, Inc., 848 N.E.2d 1, 19 (Ill. 2005); Oliveira v. Amoco Oil Co., 776 N.E.2d 151, 154-55 (Ill. 2002); Lightning Lube, Inc. v. Witco Corp., 4 F.3d 1153, 1185 (3d Cir. 1993). We do not offer an opinion on the merits of the consumer protection claims, but merely reject the district court’s ruling that they are barred at the threshold. The third qualification concerns the Hurdle suit and is related to the second qualification. Unlike the other plaintiffs, the Hurdle plaintiffs didn’t want to remain in the district court in Chicago.
They wanted to return to the California district court from which their case had been transferred to Chicago for pretrial proceedings, when the 16 Nos. 05-3265, 05-3266, 05-3305 pretrial proceedings concluded. Actually they wanted to return to the California state court from which the defendants had removed their case to the district court, but that is an issue for that district court to resolve if and when the case is returned. As we pointed out at the beginning of this opinion, the district court, as the transferee court in a transfer pursuant to 28 U.S.C. § 1407, was authorized to rule on a motion to dismiss the Hurdle suit. But though the district judge in the exercise of that power rightly dismissed so much of that suit as attacks wrongs done to the plaintiffs’ ancestors, the Hurdle plaintiffs are among the plaintiffs who have consumer protection claims as well.
As to them there will be further pretrial proceedings, and they will be conducted in Chicago. So the Hurdle plaintiffs can’t go back to California, at least not yet. To summarize, the district court’s dismissal, for want of standing, of all but the claims brought by legal representatives of slaves plus the consumer protection claims is modified to be a dismissal without prejudice, and as so modified is affirmed. (Barber’s suit is dismissed, also without prejudice, for want of diversity.)
The dismissal of the claims brought by the plaintiffs who claim to be legal representatives is affirmed, but on the merits (statute of limitations) and so with prejudice. The dismissal of the consumer protection claims is reversed and the case remanded to the district court for further proceedings on those claims consistent with this opinion.
The district court is authorized to retain those claims for the duration of the litigation, except in the case of the Hurdle plaintiffs, as to whom the court is authorized only to conduct pretrial proceedings under 28 U.S.C. § 1407. MODIFIED AND AFFIRMED, IN PART; REVERSED IN PART AND REMANDED.
Louis Charles Hamilton, II, Plaintiff - Appellant in support of this required Motion for Defendant Fortune 500 companies Corporations et al, employment verification “Cease and Desist Order”, TRO “Temporary Restraining Order” “Preliminary Injunction” and “Order to Show Cause”,against defendant (USA) et al including defendant (DOD) “Department of Defense” with joining Motion file in Leave of Court Respectfully Requesting to exceed Word Count 5200 for the direct manipulation of defendant civil rights in obscuring, alter, delete, manipulation and direct destroying the exact government records of defendant (USA) “Slavery History”, against on all Defendant Donald John Trump, Sr., 45th President, (USA) et al, including all Co-Defendant(s)
“Slave Trade past, present
Fortune 500 companies Corporations et al, collusion, interstate mail and wire fraud conspiring in fraudulent Official government “employment Verification documents” and employment records showing fraudulent “legal citizenship status” of defendant (USA) fraud by non-disclosure of “enslavement” crimes directed against “Plaintiff Black Lives Matter” peace, will, and dignity in defendant (USA) Fraud by Non-Disclosure, “Force Slavery and all trimming of violation of defendant (USA) own rules of governing laws pursuant to RICO Racketeer Influenced and Corrupt Organizations Act... since August 20th 1619 – February 7th 2013, now being “present timeline” 2017
District judge ruled in concealing this massive fraud that by virtue of both the political-question doctrine and the requirement of standing to sue derived from Article III of the Constitution, court err fraudulent claiming “pro se plaintiff Hamilton” present or assert no federal jurisdiction over any of the suits filed 2011 2017 further fraud of the court” that in any event pro se plaintiff Hamilton never ever had no merit because the applicable statutes of limitations had lapsed and anyway the complaint failed to state a claim, which one legal claimed raise why is the “pro se plaintiff” legally declared dead, by government records of defendant “State of Utah” and why the government conspire further in concealing the exact where about of “pro se” plaintiff natural abducted, custody interference by (defendant) in this mystery of government sponsored of two missing natural daughters, stripped of the rightful name (Hamilton) and MIA since 1994, as It also claims in the complaint before the court that there were enslavements of
Plaintiff Black Lives matter” long after the passage of the
Thirteenth Amendment was claimed to be legally ratified which is not the case Thirteenth Amendment was ratified in 2013 freeing Slaves and that some of the defendants were complicit in manipulation of government decree for 148 years and still counting in concealing “enslavement” RICO obstruction of justice, and a never ratified Thirteenth Amendment back in 1865 fraud claim too, during the legal “time-line” up to date filed Apr 4th 1968 In The United States District Court for the Western District of Tennessee Western Division Case. No. C-68-80 City of Memphis, A Municipal Corporations, (Complainant) vs. Martin Luther King Jr., Hosea Williams, Reverend James Bevel, Reverend James Orange, Ralph D. Abernathy and Bernard Lee, all non- residents of the State of Tennessee, (Defendants)
Historical Background the name of Martin Luther King, Jr., is intertwined with the history of the civil rights movement of the 1950s and 1960s in the United States. The Montgomery bus boycott, the freedom rides, the Birmingham campaign, the March on Washington, the Selma march, the Chicago campaign, and the Memphis boycott are some of the more noteworthy battlefields where King and his followers-
The great legal milestones achieved by this movement were the Civil Rights Act of 1964 and the Voting Rights Act of 1965. In the later 1960s, the targets of King's activism were less often the legal and political obstacles to the exercise of civil rights by blacks, and more often the underlying poverty, unemployment, lack of education, and blocked avenues of economic opportunity confronting black Americans. Despite increasing militancy in the movement for black power, King steadfastly adhered to the principles of nonviolence that had been the foundation of his career.
Those principles were put to a severe test in his support of a strike by sanitation workers in Memphis, Tennessee. This was King's final campaign before his forced untimely death at the hands on all Defendant Donald John Trump, Sr., 45th President, (USA) et al, including all Co-Defendant(s) “Slave Trade past, present Fortune 500 companies Corporations et al, whites supremacy collusion, RICO interstate mail and wire fraud conspiring in fraudulent Official government “employment Verification documents” and employment records showing fraudulent “legal citizenship status” of defendant (USA) fraud by non-disclosure of “enslavement” against (Plaintiffs) Black Lives Matter fraudulent charges in crimes
“Exhibit A” (Answer) filed Apr 4th 1968 In the United States District Court for the Western District of Tennessee Western Division Case. No. C-68-80 City of Memphis, A Municipal Corporations, (Complainant) vs. Martin Luther King Jr. et al when exactly Slavery Servitude” pursuant to the direct passage of the 13th Amendment of the United States of America 1865 “Civil War” fraudulent claim as defendant (USA) all congress, and
Judicial Government possession in having “Law Degrees” and being expert Career Politician, professional Legal Counsel, Attorneys at Law, having full knowledge there after February 7th 2013 when Mississippi finally Join the Union,as so further admitting the facts are correct, view with the legal counsel “Congress, having no 13th amendment of the United States of America being void, missing in action (MIA), alone with the
14th amendment of such an empty government being admitted control by The Royal Knights of The Klu Klux Klansmen against each and every Negro race as “They” killer Government defendant (USA) et al shall maintain with current tactic of enticing and actually achieving racial rioting, street violence, manipulation of government Slave Trade History including Federal Reserve Bank since 1913 conspire collectively in (RICO) money laundering to supply a global Terrorist group known to be The Knights of The Klu Klansmen, being protected by said Defendant Fortune 500 companies Corporations et al, whites supremacy collusion,
Herein past, present and future directed at the just lives of all Veterans DNA and Active Duty Armed Force Personal supply there life to be a “Slave of the Defendant, and no citizenship while being robbery of all taxes, to be living in shambles, low income, and destroyed race by fraud on a grand scale None-Discloser of first and foremost “Job applications” required by Defendant Fortune 500 companies Corporations et al, whites supremacy at the precise legal time “Exhibit A” (Answer) filed Apr 4th 1968
In The United States District Court for the Western District of Tennessee Western Division Case No. C-68-80 City of Memphis, A Municipal Corporations, (Complainant) vs. Martin Luther King Jr. et al each Defendant Fortune 500 companies Corporations et al, listed herein Job Application in 1968 required Citizenship status of (USA) in order to be legal for “employment” with said defendant(s) (USA) et al, Defendant Fortune 500 companies Corporations et al, back Since 1955, when the first FORTUNE 500 was created, whites supremacy collusion, RICO interstate mail and wire fraud conspiring in fraudulent Official government “employment Verification documents” and employment records showing fraudulent “legal citizenship status” with more than 1,800 Defendant Fortune 500 companies have appeared on the list Many of these companies have changed names over this period, owing to mergers, acquisitions, and bankruptcies. Other companies have gone private, or simply changed their names
Companies are listed by the name with which they were associated in 2005, having full knowledge there after 1955 Mississippi never join the Union or at the time of defendant FORTUNE 500 companies that have been acquired by other FORTUNE 500 companies are listed under the name of the acquiring company as the defendant in 1955 described each for example
1955 Full list
Rank Company Revenues
($ millions) Profits
($ millions)
1 General Motors
9,823.5 806.0
2 Exxon Mobil
5,661.4 584.8
3 U.S. Steel
3,250.4 195.4
4 General Electric
2,959.1 212.6
5 Esmark
2,510.8 19.1
6 Chrysler
2,071.6 18.5
7 Armour
2,056.1 1.6
8 Gulf Oil
1,705.3 182.8
9 Mobil
1,703.6 183.8
10 DuPont
1,687.7 344.4
11 Amoco
1,667.4 132.8
12 Bethlehem Steel
1,660.3 117.2
13 CBS
1,631.0 84.6
14 Texaco
1,574.4 226.1
15 AT&T Technologies
1,526.2 55.8
16 Shell Oil
1,312.1 121.1
17 Kraft
1,210.3 37.4
18 ChevronTexaco
1,113.3 211.9
19 Goodyear Tire & Rubber
1,090.1 48.1
20 Boeing
1,033.2 37.0
21 Sinclair Oil
1,021.5 91.6
22 Navistar International
994.1 36.3
23 RCA
941.0 40.5
24 Union Carbide
923.7 89.8
25 Firestone Tire & Rubber
916.0 40.5
26 Douglas Aircraft
915.2 36.2
27 Procter & Gamble
911.0 52.3
28 Republic Steel
846.3 52.9
29 Citgo Petroleum
813.2 43.7
30 ConocoPhillips
794.6 76.2
31 General Foods
783.0 27.9
32 Uniroyal
782.6 28.0
33 Borden Chemical
776.8 22.7
34 Lockheed Martin
732.9 22.4
35 Alcoa
708.3 46.5
36 International Paper
681.2 73.5
37 Wilson
680.5 3.1
38 Sunoco
659.5 40.3
39 United Technologies
654.2 26.0
40 American Can
652.4 30.4
41 General Dynamics
648.6 20.8
42 Rockwell Automation
645.8 22.2
43 Eastman Kodak
633.5 69.8
44 Goodrich
630.7 38.8
45 Continental Group
616.2 20.7
46 Bendix
607.7 25.5
47 Atlantic Richfield
596.2 36.8
48 Fortune Brands
533.1 41.3
49 Ryerson Tull
532.0 41.1
50 ARMCO
530.8 43.1
51 Honeywell Intl.
519.7 10.8
52 AMAX
509.5 43.1
53 Conoco
500.1 41.7
54 Allis-Chalmers
492.9 26.1
55 Jones & Laughlin Steel
492.9 25.0
56 General Mills
487.6 11.2
57 National Intergroup
484.1 30.3
58 Curtiss-Wright
475.1 19.4
59 Olin
470.1 34.3
60 Asarco
466.8 21.5
61 Intl. Business Machines
461.4 46.5
62 Anaconda
461.1 26.7
63 Tidewater Oil
459.0 34.5
64 Cudahy
454.8
(stolen) in lazy needed claims in order to build, maintain and grow their (own) financial white man gross bigotry hate crimes foundation superiority in the lost nation that lasted August 20th 1619 – February 7th 2013 exactly Slavery History government manipulation records of fooling world-wide “Strangers” 394 “correct” years not as defendant (USA) falsely published slaver ending in 245 years of abuse after 1865 civil war while collecting) 149 extra years of RICO mail and wire fraud, Slave trade continue burning desire to be hateful, with the hands of the “devil” it was illegal for slaves to be outside of the plantations where they were owned without permission from the owner. The permission to be seen in public spaces was granted via identification papers known as Freedom Papers and Slave Passes. Freedom Papers were exactly what they sound like. Papers that were government issued to free men and women of color. Whether born free or manumitted (freed from slavery by their owners) a black lives matter slave person was not allowed to move about the world without these papers
If a black lives matter person was seen in public of defendant (USA) without the accompaniment of a white person (to validate their presence) they were under legal obligation to produce freedom papers to explain their presence. Slave codes were laws enacted by the states that established slaves as property and without any rights that their owners did not give them. During the period when slavery was considered a legal status for a black person and a legal business transaction, black people did not have the right to move about the earth without permission from a white person. To be caught off the plantation without your papers could result in being whipped, sold into slavery or killed, as note,
Killing a Plaintiff Black Lives Matter slave was a crime because a Plaintiff Black Lives Matter slave was property and to kill the Plaintiff Black Lives Matter slave would deny the White Man hostile owner the rights to their Plaintiff Black Lives Matter property. It wasn't a crime because it was heinous to kill another Plaintiff Black Lives Matter human being because of the color of their skin or the presumption that they were lesser than you though. Just to be clear to the fraudulent Negro slave Federal Texas District Hostile Judges confused in ruling rubber stamp “err”, while defendant
“United States of America et al” Knowingly produce, provide and direct “False Publication” Slave Trade white supremacy propaganda of defendant (USA) continue hostile Judicial GOP republican Party engaging prolonged cruel unjust treatment and control in defamation, liable, slander, discrimination, racial terrorization, dominance, oppression “patter and practices” dynasty 1619 – 2013 crimes against humanity directed at Louis Charles Hamilton, II, Plaintiff - Appellant and “Plaintiffs” collectively slaves held against will in defendant (USA) as the complaint described in CASE NO. 17-40068 before defendant UNITED STATES COURT OF APPEALS FIFTH Circuit of a continue established defendant (USA) et al “Slave Trade” Corporations collusion in (RICO) enterprise endeavor as on “appeal” in maintaining, mass fabricated false publications and products, encyclopedia, dictionaries, books, series, trilogies, biographies, autobiographies, Books that Increase Intelligence History books by century by topic
American history books (Biographies ), Children's history books, Including Newsletters, Journals, Bulletins, Fact Sheets, Reports, Summaries, Portable Guides, and Videotapes And the sheer volume of online publicationsdirected at attached Exhibit (A) “Slavery Servitude” pursuant to the direct passage of the
13th Amendment of the United States of America 1865 “Civil War” all congress having “Law Degrees and being Career Politician, professional Legal Counsel, Attorneys at Law, having full knowledge there after February 7th 2013 when Mississippi finally Join the Union, as date “Untied States of America” Did not exist brutal the wrongful murderous Para-Military Knights of The Klu Klux Klansmen, Defendant own Government sponsored Keepers of “Slavery Servitude” well into committed to false publication direct at “Black Lives Matter Slaves and descendant in
PreK-12, being false publication to Higher Ed, Professional, International “World-Wide” both in Government agencies and “World-Wide” false Public published records in the “International Community” of actual false falsification of the legal ratified defendant (USA) 13th amendment of the Constitution being maintain in present timeline 2017 (152) years continue false in publication and whites supremacy propaganda since such “Plaintiffs” Military Slaves herein being involved directly in defendant “USA” “Civil War” being subject to defendant (USA) claiming 1865 falsely publication government decree 13th amendment ratification freeing “Plaintiffs Black Lives Matter” some 44.5 plus “Million” herein which this never was the case to be,
Wherefore before defendant UNITED STATES COURT OF APPEALS FIFTH Circuit Louis Charles Hamilton, II, Plaintiff - Appellant and “Plaintiffs” Black Lives Matter collectively slaves
Motion for a real “Cease and Desist Order”, TRO “Temporary Restraining Order” with “Preliminary Injunction” and “Order to Show Cause”, against each of the following:
1.
“Cease and Desist Order”, and order to show cause against U.S. Government Publishing Office 732 North Capitol St NW, Washington, DC 20401why the 13th amendment being continue fraudulent Published as ratified in 1865 and slavery ended against “Plaintiffs Black Lives Matter in 2013…? When Defendant State of Mississippi actually ratified the 13th amendment freeing all “Slaves of defendant (USA) et al
2.
“Cease and Desist Order”, mass fabricated false publications and products, encyclopedia, dictionaries, books, series, trilogies, biographies, autobiographies, Books that Increase Intelligence History books by century by topic American history books (Biographies ), Children's history books, Including Newsletters, Journals, Bulletins, Fact Sheets, Reports, Summaries, Portable Guides, and Videotapes And the sheer volume of online publications and order to show cause against U.S. Government Publishing Office 732 North Capitol St NW, Washington, DC 20401 from this continue false publication the 13th amendment being continue fraudulent Published as ratified in 1865 and slavery ended against “Plaintiffs Black Lives Matter in 2013…?
3.
“Cease and Desist Order”, and order to show cause against Defendant United States Veterans United States Veterans Initiative, et al (USA) et al, Defendant (DOD) department of defense et al and Defendant Fortune 500 companies Corporations et al, “Slave Traders” mass fabricated false Government criminal/civil RICO Fraud in hiding, obscure, cover up, defendant (USA) et al interstate mail and wire fraud conspiring in fraudulent Official government Documents that Establish fraudulent “Plaintiffs Black Lives Matter” false Employment Eligibility” being actual “Slaves” at the hands of defendant(s) collectively as a “unit” benefitting Further by Conspire, intentional, reckless, gross negligent, aid and abetting government imposed fraudulent scheme of things in obstruction of Justice acting under color of law well designed fraud publication into year 2099 defendant (USA) et al “Cease and Desist Order”, and order to show cause why ongoing two published 13th amendment of the defendant “United States of America et al” Constitution being both claimed legally 148 apart ratified in provision of false freedom to all Plaintiff slaves being made a party to RICO continue “scheme of things” being against law and equity of defendant “USA” et al.
CERTIFICATE OF COMPLIANCE
Pursuant to Federal Rule of Appellate Procedure 32(g) (1) (C) and 27 (d) (2) (A), I certify that Plaintiff-Appellant Louis Charles Hamilton II
Motion for “Cease and Desist Order”, TRO “Temporary Restraining Order” “Preliminary Injunction” and “Order to Show Cause”, and Joining MOTION FOR LEAVE TO FILE in excess of word count 5200
(1) Was prepared using 14-point Times New Roman font;
(2) Is proportionally spaced; and
(3) Contains 15, 831 words
On this ___ Day of _______2017
_________________________
Public Notary
_________________________________
Louis Charles Hamilton II, Cmdr. USN #2712
Pro Se Plaintiff/Appellee,
Certificate of Mail Service
UNITED STATES COURT OF APPEALS FIFTH CIRCUIT and a true and correct copy of “Motion for “Cease and Desist Order”, TRO “Temporary Restraining Order” “Preliminary Injunction” and “Order to Show Cause”, and Joining MOTION FOR LEAVE TO FILE in excess of word count 5200 filed and attach herein mailed having been produce to said
MILLER, SCAMARDI AND CARRABBA, A PROFESSIONAL CORPORATION Attorney at Law Diane F. Burgess Texas Bar No. 24036594 Attorney at Law David L. Miller Texas bar. No.14067300, 6525 Washington Ave, Houston, TX 77007 (Attorney for Defendant)
Joe Czyzyk, Chairman, Chief Executive Officer of United States Veterans Initiative et al.
And Judge Kenneth Michael Hoyt United States Courthouse
515 Rusk Avenue Houston, TX 77002
On this __ Day of _______2017
_________________________
Public Notary
_________________________________
Louis Charles Hamilton II, Cmdr. USN #2712
Pro Se Plaintiff/Appellee,
Cc: Queen Elizabeth II, Princess Elizabeth Alexandra Mary,
Cc: Prince William, Duke of Cambridge, KG, KT, PC, ADC (William Arthur Philip Louis)
Cc: Prince Henry of Wales, KCVO, (Henry Charles Albert David)
Cc: Prime Minister Theresa Mary May
+Prince Harry +NSA Agent +Meghan Markle +Central Intelligence Agency +UNITED NATIONS Headquarters +NATO +British Parliament +Donald Trump News +Hillary Clinton +NATO +Russia +Vladimir Putin +Xi Jingping +Kim Jong Un +Tina Fey +Nasdaq +US Government+Supreme Court C +Supreme Court Cases (SCC) Court Lawyer Opinion
+MLK jr. +Washington Post+The New Yor
+The New York Times EWS HD
+ABC NEWS +CBS Evening News +NBC Nightly News +CNBC +Rachel Maddow Show +SNL Group +Samuel L Jackson +Jackie Chan +GOP +Paul Ryan +POLICE INTERPOL +Pope Francis +Mexico +Sweden +Canada +News24.com +Megyn Kelly +U.S. Navy +USNavySEAL +National Museum of American History+UNITED NATIONS Headquarters +US Senate+The New York Times +Republican National Convention +Black Lives Matter +Pope Francis +USSR Gov+USS JOHN +USS JOHN S McCAIN DDG 56 U Investigation +Federal Reserve bank+USS Ronald Reagan +USS Ronald Reagan CVN 76r.+Nasdaq +Yahoo News +CNBC+Megyn Kelly +HMS Prince +FEDERAL BUREAU INVESTIGATION +NSA Agent +MI6 +Mexico +Canada +US Air Force Academy Association of Graduates
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™Cmdr. Bluefin7m-
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