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The legal battle for recognition of the importance of dietary magnesium:

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Motion to Compel Joinder

Paul W. Mason, plaintiff
Proper Party
P O BOX 1199
Livermore, CA 94551
Fax: (408) 897-3028

Attorney for: Paul Mason, Proper Party


Motion to compel Joinder

Motion to Compel Joinder

The entity to be joined is the US Department of Justice.

The grounds for Joinder are:

a. The US Department of Justice has “a material interest in the case and the (Department’s) absence would result in substantial prejudice” to that case, in view of the numerous criminal violations by government employees occasioned by the taking of 3 million American lives, in direct violation of Amendments I and V of the Constitution, and in violation of 21 CFR § 19.6.1,2 and 45 CFR § 73.735-1302 and the FDA Mission Statement. Fed. R. Civ. P 19,

b. The US Department of Justice is an indispensable party, and should be joined if possible. The practical consequences of non-Joinder would be the failure of the Department of Justice to do its Duty toward the 3 million victims, and toward plaintiff, and toward the remaining American People. [Provident Bank and Trust Co. v. Patterson, supra, §932]. By Natural Law, it is the Duty of the Department of Justice to “effect the safety of the people” as enunciated in the Declaration of Independence from which the Constitution is descended; this “safety” can most pragmatically be accomplished if the Department of Justice joins the suit.

c. This suit strains the unaided time and resources of plaintiff, in-as-much-as:

1. This is apparently the biggest court case in the history of the United States, as measured in numbers of deaths, lives, and dollars affected.

2. Interventions or filings of amicus curiae are very likely, by representatives of the IBWA, AWWA, WQA, National Soft Drink Manufacturers Association, AMA, and many others, resulting in dozens of involved attorneys, each with a support staff.

3. Plaintiff is but one person, without support staff, without experience in the law, and residing in a remote wilderness 1.45 hours from the nearest law library. Without the Joinder of the Department of Justice, plaintiff’s response to opposing motions may be slower than it would be with the benefit of such Joinder. At one death every 2.5 minutes, speed is of utmost importance in this matter. Joinder will save numerous lives.

d. The burden of demonstrating inadequacy of representation is “minimal”.
Trbovich v. United Mine Workers, 404 US 518 (1972). Plaintiff’s “representation” of 215,000 victims per annum would not be timely, and therefore not “adequate”.

e. The right to relief of the 590 victims per day “arises out of the same transaction or series of transactions; and there is at least one question of law or fact common to all parties sought to be joined.” Fed. R. Civ. P. 20(a).

f. Plaintiff does not have “any other adequate remedy” if the action is dismissed for non-Joinder of the US Department of Justice. Fed. R. Civ. P. 19(b).

g. “When a long Train of Abuses and Usurpations, pursuing invariably the same Object, evinces a Design to reduce them under absolute Despotism, it is their Duty ...” [Declaration of Independence]. For three generations, the FDA and the Department of Health have pursued invariably the same object, evincing an unvarying design to impugn, smear, defeat, bankrupt, and utterly destroy the American mineral water industry, reducing it under absolute despotism, resulting in millions of deaths. As American Citizens, Plaintiff and the Department of Justice jointly share a Duty to secure the Safety and Security of the American People. Where persons are jointly owed a “duty”, the courts have usually held that they are not only necessary, but also indispensable parties. [Jenkins v. Reneau, 697 F2d 160 (6th Cir. 1983)].

Persons Not Joined, and Reason for Non-Joinder

In fulfillment of Fed. R. Civ. P. 19(c), plaintiff avers:

1. Millions of Americans who have died of Mg-deficient water, or will die of Mg-deficient water, and their families, have an “interest” in this suit. But since this suit is only for declaratory relief and not damages, there is no benefit to these millions in joining the suit, and it would only delay relief and add expense to join these millions in a class action against defendants.

2. The thousands of mineral water companies that once existed, and their proprietors, who were unjustly driven out of business by the FDA, have an interest in this suit. Likewise the few remaining mineral water companies and their proprietors, suppliers, and distributors have an interest in this suit. But since this suit is only for declaratory relief and not damages, there is no benefit to these water companies in joining the suit, and it would only delay relief and add expense to join these companies in a class action against defendants.

Caveat --- Conflict of Interest

In 1995, 1996, and 1997 plaintiff petitioned Attorney General Janet Reno to end the illegal taking of 590 lives per day by the FDA. Attorney General Reno did nothing, and is culpable of negligence for over half a million needless deaths.

Plaintiff submitted to Attorney General Reno letters, numerous medical journal reprints about the benefits of Mg, and a copy of Surgeon General Koop’s letter which stated that “A good case can be made for the correlation of cardiovascular deaths with magnesium-deficient water.” None-the-less, Assistant Attorney General Frank Hunger replied to plaintiff on 6/9/95 that “at present there is no impartial, scientific evidence to indicate impact of magnesium on cardiovascular disease” ---- which was a blatant lie, and an insult to the Surgeon General, and an insult to all the renowned magnesium researchers whose medical journal articles had been submitted to the Attorney General. An Impeachable Offense may have occurred.

Thus for 70 years, the Department of Justice has participated in the suppression of the American mineral water industry and the cover-up of the magnesium-deficiency catastrophe; and is doing so now, and from this pattern of behavior, can be expected to continue suppressing the mineral water industry and covering up the magnesium-deficiency catastrophe.

Clearly, any US Attorney, answering to the Attorney General or the Assistant Attorney General, would be under de-facto pressure to continue the cover-up of the Mg-deficiency catastrophe and the related blunders of the US Department of Justice. All US Attorneys on the staff of the Department of Justice therefore have a Conflict of Interest, and must be disqualified from representing the People in this matter.

Plaintiff therefore demands that this court appoint a “Special Counsel”, hired by the court to represent the interests of the People, who has no conflict of interest in this matter, and whose payment by the Department of Justice or this court will terminate upon the closing of this case.

Respectfully Submitted,

__________________________                ________________
Paul W. Mason, proper party                       DATE

This page was first uploaded to The Magnesium Web Site on August 12, 1997