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Mičánky's lottery

Lottery is a legitimate way to meet your luck with the active contribution of external forces. As it is evident from its definition, its legitimate outcome and its reputation are always decided by those external forces. If this force is a supernaturally fatal force, everything is right. However, if that force is the influential end of the drawee's arm, there is trouble brewing.


Perhaps known as ve Carlovari lottery from April 2006, which came to the attention of 300 thousand internet followers by trying to pull two tickets from the lottery cup with "correct" company names , which is observed and the correctness of the act is supervised by a smiling notary. But there were others, with the result no less successful. Here, too, in this cup was looking for the right bubble envelope, a suitably bent corner of a piece of paper, or before the draw appropriately edited the lottery software.



But let's go to our "rubbing lottery tickets".

 

In the course of legal actions which I led against Radio ГA / ГA we encountered fateful manipulation in the allocation of lawsuits to the relevant court panel twice. Although both actions were sent to the court of local jurisdiction at different times and the "defendant" in both actions was identified exactly according to its name in the valid commercial register, i.e. American address plus her Czech address as an organizational folder, each time ended up in the fair hands of the "16 C" court panel.


In the court of local jurisdiction, and one can say globally in the Czech Republic (in contrast to "less democratic countries", such as Slovakia 😇), the judge (meaning the court panel) is assigned based on the work schedule. This is a publicly available document, which is sometimes "unfortunately" hidden on the official websites of the courts, in which all court panels are listed, their composition with the names of the judges, their identification mark (for example, "16 C") and their specialization (usually in percentages). 


While in other (those "less democratic") countries mentioned above, judges are assigned based on a generated allocation via special software, ensuring that a particular judge is not given a pre-selected case and thereby ensuring a kind of elementary justice based on mathematical coincidentally, this is still not the case here in most cases. So it can happen that even lawsuits that were delivered to the court at different times and related to a specific company are always dealt with by the same and previously known court panel. 

 

And how was it ensured that both lawsuits, even though they were each from different areas, ended up on the table and in the fair hands of the same judge, despite the "work schedule"?

The first action, related to the field of "labor law" and conducted as an action by an employee against Radio ГA / ГA for invalidity of dismissal, finished at that time according to the long-standing tradition and valid "work schedule, on the table of the court panel "16C". However, the second lawsuit against Radio ГA / ГA, this time according to the "anti-discrimination law", and which had no basis in the then valid work schedule", it was necessary somehow to steer in the right direction - again to the table of the court panel "16C ". But how to secure it when it is not possible to influence the lottery software?


Simply and visibly according to the established pattern. One would almost like to say that according to the tested template. Would a similarity like here?


And so they amended the second lawsuit so that they deleted the part, relating to the Czech address organizational folder, and left only the name with the address of its US headquarter in "Washington" and replaced the text "ATZ" (anti-discrimination law) with "discrimination".


The piece of paper was unobtrusively bent and deftly figuratively sealed in a bubble envelope. This is so that it will rustle correctly during the "lottery" when it will be allocated to the correct court panel "16C". 

For scumbags and squeamish people - everything is crystal clear, isn't it?! After all, this is a foreign judicial element (alias "Foreigner", as these files were additionally labeled against my will) and "discrimination" (aka "labour law") as the court bent it meaningfully. And Judge #JH (Dr. Hustá”) has both types of cases under her wing! The argument that I am suing the organizational component of the American company in the Czech Republic, and not its "top" in the USA, the judge is still silent and disinterested.


It will be interesting to see how the newly formed court panel "16 C", or the superior Municipal Court for Prague, will deal with our current objection of local non-jurisdiction it had to decide about that. Maybe today the vice-president of the circuit court regrets that in a weak moment she wrote to me on my complaint on 3 September 2021 the truth about how lawsuits are allocated here.


 


 

But let's go back to the recently published post Give him a muzzle in which I promised to write a little about how The "preliminary measure" against me in the circuit court probably burned, and I leave it purely to you whether you will adopt this method of filing lawsuits as your own. After all, it's one of things where what's not forbidden is allowed.


But first, some dry theory on the subject of Preliminary measures and how it should be carried out. Surely after reading this basic information you will understand that this is a very powerful tool on the part of the prosecutor and should be used like a saffron. Namely, with one "snap" you are accused and immediately "convicted" by a resolution. And really quickly – all in a few days.


So let's go briefly to the dry legal definition of this institute, with the "merits" of my case highlighted in red.

A preliminary measure may be imposed on another participant, to


  • paid maintenance to the extent necessary

  • provided at least part of the working salary, if it is the duration of the employment relationship and the petitioner does not work for serious reasons;

  • deposited a sum of money or thing in custody at the court;

  • did not deal with certain things or rights;

  • performed, refrained from, or endured.

 

The proceeding is determined by a fundamentally competent (substantive and local) court, which will subsequently decide on the matter itself. They must decide on the proposal immediately, within 7 days at the latest. The proceedings of the court do not need to be ordered and the participants do not need to be heard. The court decides on a preliminary measure by resolution.

The only remedy against a preliminary injunction is  appeal. However, its submission is complicated by the fact that the resolution itself does not have to contain a justification. Given that evidence is not expected to be presented even in the proceedings itself, new evidence cannot be proposed even in the filed appeal.

By addressing the local "top" Radio ГA / ГA with an open letter on 8/3/2022, in which I alerted them to the oddities in the investigation and background of the security incident of 7/10/2019, the involvement of their "valuable" American colleagues on it, about strange financial transactions in IT of the same ones and about my intention not to keep it only to myself, I asked the evil one.


I probably gave it a crown by informing them of my intention to share these findings with their tribal puppeteers and swordsmen. And this probably got them excited.

In any case, since I did not shine during the mission described below to the attorney Radio ГA / ГA #MV ("Mgr. Prasátko"), I retern to my classic, situationally forced fabrication for legal certainty.

"Day met day, and so on Thursday 21.4.2022 v 15:10 ( just before closing time), a well known lawyer of Radio ГA / ГA #MV ("Mgr. Prasátko") delivered it to the office of the District Court for Prague 10 with a prepared muzzle lawsuit. He had clear instructions from his clear lady. He knew that #la ("Dr. Leklá Andělka ") is now under great pressure - litigation has been leading together for the second year. They don't win and they say that now he has come up with something so disgusting! It is said that he will demand a hearing from their superiors, whose names must not be pronounced even when the circular is on. Such insolence! But he, however, gives a thumbs-up to those two legal quick-wits, but especially to that "crappy Slovenian", he muttered indignantly into the lapel of his jacket.  

At window "number 5", boasting two payment terminals and a corpulent lady presiding over this area, he buys "cash” a two-thousand-crowns stamp, which he will keep at his mistress's place to redeem after completing the task, on the same day. The lady from the mailroom doesn't seem to notice the faint redness on the faded dimples. 

The young lawyers pamper themselves here! 

With the agreed signal, he draws attention to the fact that he has an appointment with Mrs. Judge #JH ("Dr. Hustá"), and that he will classically take the "overrun" under his righteous wings again. The person in knitting dress of the "samo-domo" brand looks at the work schedule and looking behind the bone frames with raised eyebrows says knowingly: "But Madam Judge is on vacation!"

With a tell-all wink at her, the lawyer, after adjusting his perfectly matched silk "sleek", hiccupped into the stew ala James Bond: "That's order. It will be her courtroom "16C". That was the agreement with lady judge.

Ahhhh," she replied significantly. And through the silence of the "Mičánky's Justice Factory" there was the faint echo of the receding soles of his "VagaBond" boots. Something like "Zero Seven", "Zero Seven", "Zero Seven..." 

After returning to the office, he did not forget to write down another "legal act", which together with bail 10 000 CZK will subsequently be reimbursed by the American taxpayer. Above all, don't forget to "register" that the task has been completed, he repeated to himself on the way to the Želivárnská "metro station". 

He didn't forget.

The subsequent brief call into the ear of his mistress that day ended with a tell-all sneer and the reassurance: "Don't worry, that " "I will take care of him". He could hear by the tone of her voice that she believed it too."

As can be seen from the registry stamp, the action was assigned to the well-known court panel "16 C" and was assigned the number "16 C 59/2022".



From now on, the lawsuit 16 C 59/2022 will be here with me, until this matter is decided fairly 😉

And to make it not so messy, this "preliminary" was assigned to #JH ("Dr. Hustá") deputy. The judge was on vacation, is it clear? But so what. After all, what's at home counts!



It was probably a relentless fight on their part, because almost a month passed from the filing of the lawsuit to the delivery of the resolution. If the law was fulfilled, which I don't want to doubt, then this time it took them at least 3 to convince the court panel "16 C" about how, on the recommendation of the legal team Radio ГA / ГA, to put on the notified muzzle weeks. 


And so, on 19/5/2022, my inbox rang "Resolution" in the matter "Imposition of the obligation to refrain from publishing confidential and sensitive information concerning the plaintiff". I wrote about this in part in my previous post "Give him a muzzle, so I will focus more on their justification for this measure. I already tasted a certain taste of this "eintopf" last time. And so that it's not just "one taste" again, our answer will follow in the form of an appeal, aka "what can we do with that". You will definitely not be bored…. 


We will contrinue sometime next time, if there is one. 

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