US Court of Appeals Second Circuit Case 21-1575, Doc 6, Pre-Argument Statement on Appeal 07-12-2021

ong>Caseong> ong>21ong>-ong>1575ong>, ong>Docong>ument 6, 07/12/20ong>21ong>, 3136178, Page2 ong>ofong> 119 PART B: DISTRICT COURT DISPOSITION (Check as many as apply) 1. Stage ong>ofong> Proceedings 2. Type ong>ofong> Judgment/Order Appealed 3. Relief ✔ ong>Preong>-trial During trial After trial Default judgment ✔ Dismissal/other jurisdiction Dismissal/FRCP 12(b)(1) Dismissal/merit lack ong>ofong> subject matter juris. Judgment / Decision ong>ofong> the ong>Courtong> Dismissal/FRCP 12(b)(6) Summary judgment failure to state a claim Declaratory judgment Dismissal/28 U.S.C. § 1915(e)(2) Jury verdict frivolous complaint Judgment NOV Dismissal/28 U.S.C. § 1915(e)(2) Directed verdict other dismissal Other (specify): Damages: Sought: $ Granted: $ Denied: $ Injunctions: ong>Preong>liminary Permanent Denied PART C: NATURE OF SUIT (Check as many as apply) 1. Federal Statutes 2. Torts 3. Contracts 4. Prisoner Petitions Antitrust Communications Freedom ong>ofong> Information Act Bankruptcy Consumer Protection Immigration Banks/Banking Copyright Patent Labor Civil Rights Trademark OSHA Commerce Election Securities Energy Soc. Security Tax Commodities Environmental ✔ Other (specify): Admiralty/ Maritime Assault / Defamation FELA Products Liability Other (Specify): Admiralty/ Maritime Arbitration Commercial Employment Insurance Negotiable Instruments Other Specify Civil Rights Habeas Corpus Mandamus Parole Vacate Sentence Other 5. Other Hague Int’l Child Custody Conv. Forfeiture/Penalty Real Property Treaty (specify): Other (specify): 6. General Arbitration Attorney Disqualification Class Action Counsel Fees Shareholder Derivative Transfer 7. Will appeal raise constitutional issue(s)? Yes No Will appeal raise a matter ong>ofong> first impression? Yes No 1. Is any matter relative to this appeal still pending below? Yes, specify: No 2. To your knowledge, is there any case presently pending or about to be brought before this ong>Courtong> or another court or administrative agency which: (A) Arises from substantially the same case or controversy as this appeal? ✔ Yes No (B) Involves an issue that is substantially similar or related to an issue in this appeal? ✔ Yes No If yes, state whether “A,” or “B,” or both are applicable, and provide in the spaces below the following information on the other action(s): ong>Caseong> Name: ong>Docong>ket No. Citation: ong>Courtong> or Agency: See attached schedule ong>ofong> related actions see attached Name ong>ofong> Appellant: Third Party Defendants, Donna Hodge, Annette Hall, Karen Grant Williams Alexi Arias, as the Class Representatives ong>ofong> a Class ong>ofong> Employees ong>ofong> Employer Defendants Date: Signature ong>ofong> Counsel ong>ofong> Record: NOTICE TO COUNSEL Once you have filed your Notice ong>ofong> Appeal with the District ong>Courtong> or the Tax ong>Courtong>, you have only 14 days in which to complete the following important steps: 1. Complete this Civil Appeal ong>Preong>-ong>Argumentong> ong>Statementong> (Form C); serve it upon all parties, and file it with the Clerk ong>ofong> the ong>Secondong> ong>Circuitong> in accordance with LR 25.1. 2. File the ong>Courtong> ong>ofong> ong>Appealsong> Transcript Information/Civil Appeal Form (Form D) with the Clerk ong>ofong> the ong>Secondong> ong>Circuitong> in accordance with LR 25.1. 3. Pay the5 docketing fee to the United States District ong>Courtong> or the 0 docketing fee to the United States Tax ong>Courtong> unless you are authorized to prosecute the appeal without payment. PLEASE NOTE: IF YOU DO NOT COMPLY WITH THESE REQUIREMENTS WITHIN 14 DAYS, YOUR APPEAL WILL BE DISMISSED. SEE LOCAL RULE 12.1. FORM C (Rev. December 2016)

ong>Caseong> ong>21ong>-ong>1575ong>, ong>Docong>ument 6, 07/12/20ong>21ong>, 3136178, Page3 ong>ofong> 119 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT CIVIL APPEAL PRE-ARGUMENT STATEMENT (FORM C) FORM C – ADDENDUMS “A” AND “B” ADDENDUM “A” DESCRIPTION OF THE NATURE OF THE ACTION APPEALED The Class represented by Donna Hodge, Annette Hall, Karen Grant Williams, Alexi Arias, Albert E. Percy, Percy Jobs and Careers Corporation in Appeal ong>21ong>-1554 (ong>Caseong> EDNY 20-cv-06291), was dismissed with prejudice by the Lower ong>Courtong>’s May 27, 20ong>21ong> Decision and Order 1 . This case is based on admissions in 2019 and 2020 ong>ofong> the diversion, conversion and embezzlement ong>ofong> Plan assets preceded the arrival ong>ofong> the March 2020 COVID virus. The Employers filed a complaint in Nassau County Action Index 609877/2019 identifying million, which was diverted to a Bermuda insurance enterprise from monies paid by the Employers. The defalcation regarding the ERISA Plan assets that the Employers and Owner Operator Defendants failed to detect became known when Derivative Defendant Oriska Corporation commenced actions against some ong>ofong> the Employers to subrogate for the injuries sustained due to the unsafe workplace, negligence, and culpability ong>ofong> the Employers. The Health Care Employers sued in Nassau County Action Index 609877/2019 to recover million, which was diverted to a Bermuda insurance enterprise from monies paid by the Employers. Within days ong>ofong> Oriska Corporation seeking recovery for the injuries which occurred to injured members ong>ofong> the Class ong>ofong> employees, the Employers scrambled to retract the Complaint to recover million for insurance fraud in Nassau County ong>Caseong> Index 609877/2019. In fact, evidence shows that in excess 1 The Lower ong>Courtong> issued an identical Decision and Order in 34 cases. This pre-ong>Argumentong> ong>Statementong> on Appeal parses the Decision and Order to address only the issues that apply to each ong>Caseong> on appeal identified by the Appellant as applicable to that Lower ong>Courtong> ong>Caseong>. 1