Bimbos Understand The Law Better Than TPs

Bimbos Understand The Law Better Than TPs

Postby The Observer » Thu Apr 29, 2010 3:34 pm

WILLIAM C. BULLOCK
Plaintiff
v.
BIMBO BAKERIES USA AND ANGIE LASHOMB
Defendants

Release Date: APRIL 27, 2010



IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

(Judge Conner)

ORDER

AND NOW, this 27th day of April, 2010, upon consideration of the report of the magistrate judge (Doc. 24), recommending that the court grant the motion (Doc. 9) for judgment on the pleadings filed by defendants Carlisle Foods, Inc. 1 and Angie LaShomb, and upon further consideration of the objections 2 (Doc. 27) filed by plaintiff, wherein plaintiff renews his arguments that the United States of America does not have the power to impose income tax upon its citizens and that the Internal Revenue Service may not impose a levy on the wages of non-governmental employees, 3 and plaintiff specifically objects to the magistrate judge's conclusion that plaintiff could not properly maintain a private cause of action for theft under Pennsylvania criminal statutes, 4 nor could plaintiff maintain claims under the Fourth and Fifth Amendments of the United States Constitution against private actors, 5 and following an independent review of the record, it appearing that plaintiff brought the instant action to enjoin defendants from continuing to garnish his wages and to recover damages under Pennsylvania's criminal statutes relating to theft and for asserted violations of the Fourth and Fifth Amendments to the United States Constitution, and it further appearing that defendants contend that judgment on the pleadings is appropriate because plaintiff's claims are preempted by section 301 of the Labor-Management Relations Act, 29 U.S.C. section 185, that plaintiff has improperly attempted to bring claims that are premised under state-law criminal statutes, that plaintiff's constitutional claims are not cognizable because they are brought against private parties rather than governmental actors, and that 26 U.S.C. section 6332 of the Internal Revenue Code clearly insulates these private defendants from suit for complying with an Internal Revenue Service tax levy, and the court concluding that the instant case presents no issues of fact to be resolved, and that defendants are entitled to judgment as a matter of law, see Rosenau v. Unifund Corp., 539 F.3d 218, 221 (3d Cir. 2008) ("Under Rule 12(c), judgment will not be granted unless the movant clearly establishes that no material issue of fact remains to be resolved and that he is entitled to judgment as a matter of law." (quoting Jablonski v. Pan Am. World Airways, Inc., 863 F.2d 289, 290 (3d Cir. 1988))), it is hereby ORDERED that:

1. The report of the magistrate judge (Doc. 24) is
ADOPTED.

2. Defendants' motion for judgment on the pleadings
(Doc. 9) is GRANTED.

3. The Clerk of Court is instructed to enter JUDGMENT
in favor of defendants and against plaintiff on all
claims.

4. The Clerk of Court is directed to CLOSE this case.

Christopher C. Conner
United States District Judge

FOOTNOTES:


/1/ Plaintiff named Bimbo Bakeries USA and Angie LaShomb as defendants in his complaint. Defendants have noted that the proper company-defendant is Carlisle Foods, Inc., not Bimbo Bakeries USA. The court, therefore, will collectively refer to Carlisle Foods Inc. and Ms. LaShomb as "defendants." Whether Bimbo Bakeries USA is or is not a proper defendant in this case is irrelevant to the court's ultimate dismissal of the action.

/2/ Plaintiff objects to the magistrate judge's recommendation that defendants' motion for judgment on the pleadings be granted. Where objections to a magistrate judge's report and recommendation are filed, the court must perform a de novo review of the contested portions of the report. Supinski v. United Parcel Serv., Civ. A. No. 06-0793, 2009 WL 113796, at *3 (M.D. Pa. Jan. 16, 2009) (citing Sample v. Diecks, 885 F.2d 1099, 1106 n. 3 (3d Cir. 1989); 28 U.S.C. section 636(b)(1)(c)). "In this regard, Local Rule of Court 72.3 requires 'written objections which . . . specifically identify the portions of the proposed findings, recommendations or report to which objection is made and the basis for those objections.'" Id. (citing Shields v. Astrue, Civ. A. No. 07-417, 2008 WL 4186951, at *6 (M.D. Pa. Sept. 8, 2008)).

/3/ In his objections to the report of the magistrate judge, plaintiff argues that (1) the United States does not have the power to impose income tax upon its citizens, and (2) the Internal Revenue Services lacks the power to place a levy against the wages of non-governmental employees. (See e.g., Doc. 27 at 2-8; 13-15). The inadequacy of these broad arguments is twofold: they lack the specificity required by Local Rule of Court 72.3, and they are utterly without merit. Accordingly, the court agrees with the magistrate judge's conclusion that plaintiff's "arguments regarding the government's power to tax are frivolous and merit no further response[.]" (See Doc. 24 at 20).

In a related argument, plaintiff takes issue with the magistrate judge's observation that "a third party potentially faces substantial liability if they elect not to comply with an IRS levy." (Doc. 27 at 9). Plaintiff asserts that "[i]f the defendants do not have in their possession property that is subject to levy[,] then there can be no liability to the IRS." (Id.) The court's conclusion that the IRS can indeed impose a levy on plaintiff's wages disposes of this argument.

/4/ Plaintiff objects to the magistrate judge's conclusion that he cannot maintain a private cause of action for theft under Pennsylvania's criminal statutes. Specifically, plaintiff asserts that he "has every right to bring charges against the [d]efendants for theft under common law right to property. A private cause of action, [sic] implies under contract. Theft of property is not included within a contract." (Doc. 27 at 2). After de novo review, the court finds that the magistrate judge properly concluded that "the law is clear . . . [p]laintiff cannot maintain a private right of action for any of these alleged theft crimes under Pennsylvania Law." (Doc. 24 at 12) (citations omitted).

/5/ Plaintiff finally objects to the magistrate judge's determination that he cannot maintain claims under the Fourth and Fifth Amendments of the United States Constitution against defendants because they are private parties, not governmental actors. Plaintiff asserts that "as long as the [d]efendant's [sic] try to hide behind the IRS Levy as their defense, they are making them selves [sic] Government actors and the [p]laintiff will treat them as such." (See Doc. 27 at 8). "By using this IRS Levy as their defense they are saying that they work for the federal government." (Id.). Although plaintiff did not previously raise this theory to support his claims, the magistrate judge aptly predicted that it would subsequently be raised. The magistrate judge concluded that "the fact that [d]efendants are alleged to have complied with a levy issued by the IRS by garnishing [p]laintiff's wages is insufficient to characterize [d]efendants as governmental actors amenable to suit under the Fourth or Fifth Amendments." (See Doc. 24 at 14) (citations omitted). After de novo review, the court adopts the magistrate judge's conclusion.
"I could be dead wrong on this" - Irwin Schiff

"Do you realize I may even be delusional with respect to my income tax beliefs? " - Irwin Schiff
User avatar
The Observer
Coordinator of the Grand Conspiracies
 
Posts: 4336
Joined: Fri Feb 07, 2003 12:48 am
Location: Virgin Islands Gunsmith

Re: Bimbos Understand The Law Better Than TPs

Postby Demosthenes » Thu Apr 29, 2010 3:53 pm

Every time I'm in Mexico, I get a chuckle out of the Bimbo bread delivery trucks.
Demo.
User avatar
Demosthenes
Grand Exalted Keeper of Esoterica
 
Posts: 5717
Joined: Wed Jan 29, 2003 4:11 pm

Re: Bimbos Understand The Law Better Than TPs

Postby Pottapaug1938 » Thu Apr 29, 2010 4:17 pm

Bimbo (pronounced "beembo") just started advertising in Massachusetts.
"We've been attacked by the intelligent, educated segment of the culture." -- Pastor Ray Mummert, Dover, PA, during an attempt to introduce creationism -- er, "intelligent design", into the Dover Public Schools
User avatar
Pottapaug1938
Supreme Prophet (Junior Division)
 
Posts: 3972
Joined: Thu Apr 23, 2009 9:26 pm
Location: West of Provincetown, but east of North Adams. South of Salisbury, but north of Aquinnah.

Re: Bimbos Understand The Law Better Than TPs

Postby webhick » Thu Apr 29, 2010 4:43 pm

Pottapaug1938 wrote:Bimbo (pronounced "beembo") just started advertising in Massachusetts.


They now own Freihofer's bread outlet here in Concord NH.
“He that is taught only by himself has a fool for a master.” - Hunter S. Thompson
webhick
Illuminati Obfuscation: Black Ops Div
 
Posts: 3509
Joined: Tue Jan 23, 2007 2:41 am

Re: Bimbos Understand The Law Better Than TPs

Postby grixit » Thu Apr 29, 2010 5:00 pm

"Bimbo" just means "baby" and for a long time it was slang for "fool" and was mostly used for men. Which makes sense, a woman would be called "bimba".

As for the company, they make mexican style pastries, cookies, and fruit pies and are part of the same conglomorate as Orowheat.
Read, like there won't be a movie
Game, like the die rolls don't matter
Filk, like everyone is tone deaf anyway

10 . . . . . . . . . . . . . . . 2
. . . . . . Dr Pepper
. . . . . . . . . . . . . . .. . . 4
User avatar
grixit
Recycler of Paytriot Fantasies
 
Posts: 2472
Joined: Thu Apr 24, 2003 7:02 am

Re: Bimbos Understand The Law Better Than TPs

Postby Gregg » Thu Apr 29, 2010 7:30 pm

All well and good, myself I like a fresh bimbo now and again, but being single that's socially acceptable. But the big thing is I think in this case we may have come across the real life identity of my favorite legal genius, SkankBeat. Look at the arguements and look at what 'ol skank has been shoveling lately, and it looks pretty familiar to me....
Supreme Commander of The Imperial Illuminati Air Force
User avatar
Gregg
Conde de Quatloo
 
Posts: 3107
Joined: Fri May 21, 2004 6:08 am

Re: Bimbos Understand The Law Better Than TPs

Postby webhick » Thu Apr 29, 2010 7:38 pm

Gregg wrote:All well and good, myself I like a fresh bimbo now and again, but being single that's socially acceptable.


That's not what we heard...
“He that is taught only by himself has a fool for a master.” - Hunter S. Thompson
webhick
Illuminati Obfuscation: Black Ops Div
 
Posts: 3509
Joined: Tue Jan 23, 2007 2:41 am

Re: Bimbos Understand The Law Better Than TPs

Postby Gregg » Thu Apr 29, 2010 7:41 pm

webhick wrote:
Gregg wrote:All well and good, myself I like a fresh bimbo now and again, but being single that's socially acceptable.


That's not what we heard...


??? I'm sure the check cleared...

Private information redacted relating to prior dissolution.
Supreme Commander of The Imperial Illuminati Air Force
User avatar
Gregg
Conde de Quatloo
 
Posts: 3107
Joined: Fri May 21, 2004 6:08 am

Re: Bimbos Understand The Law Better Than TPs

Postby webhick » Thu Apr 29, 2010 7:50 pm

Gregg wrote:
webhick wrote:
Gregg wrote:All well and good, myself I like a fresh bimbo now and again, but being single that's socially acceptable.


That's not what we heard...


??? I'm sure the check cleared...

Private information redacted relating to prior dissolution.


viewtopic.php?f=8&t=4952&p=80321&p80321#p80321
“He that is taught only by himself has a fool for a master.” - Hunter S. Thompson
webhick
Illuminati Obfuscation: Black Ops Div
 
Posts: 3509
Joined: Tue Jan 23, 2007 2:41 am

Re: Bimbos Understand The Law Better Than TPs

Postby The Operative » Thu Apr 29, 2010 7:53 pm

Gregg wrote:
webhick wrote:
Gregg wrote:All well and good, myself I like a fresh bimbo now and again, but being single that's socially acceptable.


That's not what we heard...


??? I'm sure the check cleared...

Private information redacted relating to prior dissolution.


But I thought you recently had a hot chick hanging around that you were hoping to get drunk enough to marry you?
Light travels faster than sound, which is why some people appear bright, until you hear them speak.
User avatar
The Operative
Fourth Shogun of Quatloosia
 
Posts: 882
Joined: Sat Jul 21, 2007 4:04 pm
Location: Here, I used to be there, but I moved.

Re: Bimbos Understand The Law Better Than TPs

Postby Gregg » Thu Apr 29, 2010 10:21 pm

I stand at least by the spirit of the law corrected... I thought someone thought I was married still.
Supreme Commander of The Imperial Illuminati Air Force
User avatar
Gregg
Conde de Quatloo
 
Posts: 3107
Joined: Fri May 21, 2004 6:08 am

Re: Bimbos Understand The Law Better Than TPs

Postby Quixote » Fri Apr 30, 2010 12:32 am

The inadequacy of these broad arguments is twofold: they lack the specificity required by Local Rule of Court 72.3, and they are utterly without merit.


Woohoo! New sig line.
"Here is a fundamental question to ask yourself- what is the goal of the income tax scam? I think it is a means to extract wealth from the masses and give it to a parasite class." Skankbeat
User avatar
Quixote
Quatloosian Master of Deception
 
Posts: 1536
Joined: Wed Mar 19, 2003 3:00 am
Location: Sanhoudalistan

Re: Bimbos Understand The Law Better Than TPs

Postby Judge Roy Bean » Fri Apr 30, 2010 1:20 am

If memory serves, Bimbo makes more tortillas than anyone in the world. They even custom-grind flour based on regional consumer expectations.
The Honorable Judge Roy Bean
Impunitas semper ad deteriora invitat
Judge Roy Bean
Judge for the District of Quatloosia
Judge for the District of Quatloosia
 
Posts: 2975
Joined: Tue May 17, 2005 7:04 pm
Location: West of the Pecos

Re: Bimbos Understand The Law Better Than TPs

Postby The Observer » Fri Apr 30, 2010 1:48 am

Judge Roy Bean wrote:If memory serves, Bimbo makes more tortillas than anyone in the world. They even custom-grind flour based on regional consumer expectations.


What does that have to do with Local Rule of Court 72.3? The "tortilla" argument is just another frivolous position, equally meritless.
"I could be dead wrong on this" - Irwin Schiff

"Do you realize I may even be delusional with respect to my income tax beliefs? " - Irwin Schiff
User avatar
The Observer
Coordinator of the Grand Conspiracies
 
Posts: 4336
Joined: Fri Feb 07, 2003 12:48 am
Location: Virgin Islands Gunsmith

Re: Bimbos Understand The Law Better Than TPs

Postby grixit » Fri Apr 30, 2010 4:59 am

The Observer wrote:
The "tortilla" argument is just another frivolous position


No, it's a frijoles position.
Read, like there won't be a movie
Game, like the die rolls don't matter
Filk, like everyone is tone deaf anyway

10 . . . . . . . . . . . . . . . 2
. . . . . . Dr Pepper
. . . . . . . . . . . . . . .. . . 4
User avatar
grixit
Recycler of Paytriot Fantasies
 
Posts: 2472
Joined: Thu Apr 24, 2003 7:02 am


Return to US

Who is online

Users browsing this forum: No registered users and 0 guests