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Federal Magistrate Judge Theresa Carroll Buchanan Willfully Forced Plaintiff Pro Se Into Defendant F

Bully Judge THERESA CARROLL BUCHANAN (“Judge Buchanan”) a Federal Magistrate Judge for the United States District Court, Eastern District of Virginia, Alexandria Division, willfully silenced my guaranteed 1st Amendment right to Free Speech and Free Expression in my lawsuit against Defendant FedEx Ground Package System, Inc. ("FedEx Ground").

In my public lawsuit against FedEx Ground for sex discrimination and retaliation, FedEx Ground demanded that I be “hush-hush” about evidence that I would acquire from it during discovery to use at trial or in a dispositive motion even after my action is resolved via trial or dispositive motion.

When my “obstinate attitude” derailed FedEx Ground’s plot to bully me into its confidentiality agreement, FedEx Ground played its ace in the hole: Judge Buchanan. This was inevitable as FedEx Ground’s “exceptional” attorneys are well aware that Judge Buchanan is one of those judges in the Eastern District Court of Alexandria Virginia that discriminates against and bullies non-attorney Pro Se litigants.

The bully judge that she is Judge Buchanan was all too eager to assist FedEx Ground. Without any hesitation Judge Buchanan willfully violated my fundamental right to a Fair and Impartial Court.

Spitting on the United States Constitution and turning her nose up at Federal Rules of Civil Procedures (“Fed. R. Civ. P.”) Rule 26(c), Judge Buchanan FORCED me into FedEx Ground’s confidentiality agreement that plainly shuts-down my right to Free Speech and Free Expression.

In an email dated September 20, 2016, FedEx Ground’s “big man on campus” attorney Nicholas V. Cumings (“Attorney Cumings”) asked that I agree to FedEx Ground’s confidentiality agreement that he had attached to the email. He said that the objective of FedEx Ground’s confidentiality agreement was to govern the use of confidential material.

Attorney Cumings is with the law firm of BRIGLIAHUNDLEY, P.C. BRIGLIAHUNDLEY, P.C. is located in Tysons Corner, Virginia.

After carefully reviewing FedEx Ground’s attached confidentiality agreement, I concluded that it would actually silence my protected right to Free Speech and Free Expression. The confidentiality agreement would prohibit me from using discovery evidence in a book or a blog even after said discovery evidence was used at trial or in a dispositive motion.

Consequently, by no means would I consent to FedEx Ground’s confidentiality agreement.

Paragraphs 5 and 7 of FedEx Ground’s confidentiality agreement are the most telling and disconcerting to me.

Paragraph 5 reads:

Confidential Material shall be used by a receiving party

only for the purpose of this litigation and not for any

business or other purpose. (Emphasis added)

Paragraph 7 reads:

Confidential Material shall be used only in connection

with this proceeding. All documents supplied under a

claim of confidentiality, and any copies made therefrom,

shall be destroyed or returned to the designating party

within thirty (30) days after the conclusion of this action,

including appeals, except copies of trial exhibits and

pleadings may be retained by counsel, and any confidential information therein will remain subject to the terms

of this Protective Order. (Emphasis added)

In addition, FedEx Ground wanted the Court to issue an umbrella, catch-all, blanket protective order for its confidentiality agreement. This meant that FedEx Ground and ONLY FedEx Ground would determine which of its discovery information is confidential.

Book or no book. Blog or no blog. There was ABSOLUTELY NO WAY that I was going to agree to a confidentiality agreement that plainly treads on my FUNDAMENTAL right to Free Speech and Free Expression. ABSOLUTELY. NO. WAY.

Immediately, I informed FedEx Ground and its “exceptional” attorneys that I cannot agree to FedEx Ground’s confidentiality agreement or an order of protection for its confidentiality agreement, and for FedEx Ground to serve me with a notice to appear in Court so that I could make my case.

I also told FedEx Ground that its confidentiality agreement would clearly tread on my protected right to write a book and blog about my nightmare with FedEx Ground.

Not one time did FedEx Ground and its “elite” attorneys offer or attempt to resolve issues with me about its confidentiality agreement. They totally ignored my concerns about paragraphs five and seven by trying to convince me that FedEx Ground’s confidentiality agreement does not violate my protected right to Free Speech and Free Expression when clearly said paragraphs say that it does.

FedEx Ground’s “cream of the crop” attorneys conveyed a very strong and very clear message to me that it was either their way, or they would go crying to Judge Buchanan for special treatment.

And that's exactly what they did.

The gist of FedEx Ground’s contention for a protection order is well; it’s how they (judges) roll in the Eastern District of Virginia and Fourth Circuit Courts and to prevent me from publicizing FedEx Ground’s discovery information in a book or blog.

FedEx Ground’s “pure genius” attorneys argued:

Fed. R. Civ. P. Rule 26(c) governs protection orders, and reads in pertinent part:

In addition, FedEx Ground’s “incomparable” attorneys did not argue that FedEx Ground would be harmed by the disclosure of its alleged confidential discovery information even though in paragraph two of FedEx Ground’s confidentiality agreement FedEx Ground defines confidential information as information within the scope of Rule 26(c)(1)(G) that if disclosed is likely to harm that person or entity’s competitive position.

Also, after greeting the Court at the bogus hearing that was held on Friday, October 28, 2016 FedEx Ground’s “above-average” attorneys took their seats and never spoke about FedEx Ground’s need for an order of protection for its confidentiality agreement. They did not say one word about or make an argument in defense why the Court should issue an order of protection. They didn’t even bring any documents with them to the hearing that allegedly needed protection.

Yet, appallingly, Judge Buchanan granted FedEx Ground’s motion for an order of protection for FedEx Ground’s confidentiality agreement.

Worst of all, Judge Buchanan did not make a finding that FedEx Ground had established “good cause” for the protective order.

Instead, Judge Buchanan agreed with FedEx Ground’s “extraordinary” attorneys that it’s how they (judges) roll in the Eastern District of Virginia and Fourth Circuit Courts.

On Wednesday, November 2, 2016 I received over 300 pieces of what amounted to TRASH documents from FedEx Ground.

Not even one document needed “protection”.

Judge Buchanan clearly willfully FORCED me into FedEx Ground’s confidentiality agreement that plainly quiets my 1st Amendment rights.

On November 7, 2016, I timely made and filed a written Objection to Judge Buchanan’s Order of protection with the District Court pursuant to Fed. R. Civ. P. Rule 72(a) and 28 U.S.C. § 636, and pursuant to Local Rules 72, 7(H), and 7(L).

FedEx Ground illegally retaliated against me by unjustly subjecting me to a false allegation of a heinous act: VIOLENCE. FedEx Ground has material, reliable and relevant discovery evidence that vindicates me.

Once that discovery evidence is used at trial or in a dispositive motion, I have the lawful right to use it in a book or a blog or magazine article, etc. to share my ordeal, and hopefully help someone.

Judge Buchanan is one of those American judges that are OUT OF CONTROL. There is simply NO end to her willful egregious behavior that plainly shocks the conscience.

Indeed, Judge Buchanan is a BULLY judge.

However, it’s HARD to beat a person that NEVER gives up.

Stay Tuned.

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