Plaintiff's Affidavit for Certificate of Default

Embed Size (px)

DESCRIPTION

Plaintiff's Affidavit for Certificate of Default

Citation preview

Cody Robert Judy Attorney Pro Se 3031 So. Ogden Ave. Suite #2 Ogden, Utah 84401 801-497-6655 ___________________________________________________________________________________ DISTRICT OF UTAH UNITED STATES DISTRICT COURT ________________________________________________________________________

CODY ROBERT JUDY , AFFIDAVIT FOR Clerks Plaintiff, CERTIFICATE OF DEFAULT v. Case No. 1:14cv00093 BARACK HUSSEIN OBAMA JUDGE: Honorable TED STEWART aka BARRY SOETORO , DNC , ORGANIZATION FOR ACTION et al., Defendant(s) JUDGE: ___________________ __________________________________________________________________________________

COMES NOW the Plaintiff, Cody Robert Judy pro se, and submits this AFFADAVIT FOR CERTIFICATE OF DEFAULT with an accompanying proposed ORDER OF DEEFAULT. AFFIDAVITI , Cody Robert Judy, certify under penalty of perjury under F.R.C.P Law, that I know the contents of this Affidavit signed by me, and that the statements are true and correct.

FACTS & HISTORY OF THE CASE 1:14-cv-93

1. July 7th, Plaintiff filed the Civil Rights and Sherman/Clayton Act Complaint with the 20 Day Summons and accompanying Order to Proceed Informa Pauperis.

2. July 8th Plaintiffs Motion was granted by Magistrate Judge Dustin B. Pead.

3. July 14th the Court recognized the Motion to Proceed without cost on the Docket and it was filed on July 10th.4. July 14th-The Court issued two 20 Day Summons that were mailed to the Plaintiff who received them on the July 15th.

5. July 15th- An Order of Recusal was signed by Senior Judge Bruce S. Jenkins

6. July 16th -The Defendants were served the Complaint and the Court stamped 20 Day Summons at the Democratic Party Headquarters at the address 825 North 300 West C400, Salt Lake City, Utah 84103. (801) 328-1212 as is witnessed by ALI JUDY on the Return of Service to the person named and authorized to receive the two (2) summonses and complaint(s).

7. July 16th -The verification of the service of the Complaint and the 20 Day Summons were recognized by the Court by two witnesses, in two (2) witnessed RETURN OF SERVICE documents filed in the court the same day. The two witnesses are the person authorized to receive the service for the Defendants and the Server.

8. Additionally, Plaintiff affirms he witnessed the service as a standby and that the Courts stamped 20 Day Summon(s) and the Complaint were served with the Complaint witnessed on the Return of Service filed with the Court Clerk.

9. July 17th- The Court recognized was the first day from which the 20 day summons begun.

10. July 21st The Order of Recusal was recognized by Judge Jenkins and filed in the Docket.

11. August 8th- a Default is recognized on the Court Issued 20 Day Summons by the two witnesses on the Return of Service of the Complaint and the Court issued 20 Summons giving the Defendants Twenty (20) Days plus three (3) days mailing service.

12. August 26th, 2014- Plaintiff filed a Motion and Order for Default and on the 26th Day of August, 2014 the U.S. District Court Judge Ted Stewart issued a MEMORANDUM DECISION AND ORDER DENYING WITHOUT PREJUDICE MOTION FOR DEFAULT ORDER OF JUDGEMENT stating Plaintiff needs a DEFAULT CERTIFICATE from the Clerk of the Court and stated it would leave that determination to the Clerk of the Court.

13. The Court recognized its MEMORANDUM DECISION AND ORDER DENYING WITHOUT PREJUDICE MOTION FOR DEFAULT ORDER OF JUDGEMENT an award of $141 million in damages, upon which Plaintiff asserts is a maximum award due to him from the Plaintiffs outlined in the Complaint of the first instance and the Proposed Default Order.

14. Plaintiff acknowledges that $101 million dollars of this award is subject as a statute penalty award for violations of law that have been lawfully asserted by the Plaintiff to the Judge of this Court; and that $40 million are damages to the Plaintiffs Campaigns and Person from 2008 to the present time and that a Certificate of Default may say as much respecting the discretion of the Judge.

15. Plaintiff asserts to the best of his ability that he has administered the complaint and the summons to the Defendants/or to those who claimed the ability to receive service for them as is noted on the Return of Service and that it would prejudice Plaintiff if the Certificate of Default is not granted by the Clerk of the Court having maintained the records since the initial filing.

16. Plaintiff asserts that there is nothing that was not properly administered in the Complaint and OFFICALLY STAMPED 20 Day Summons served to the Defendant(s) that would not warrant their understanding that the Court had indeed stamped the 20 Day Summons they were served along with the complaint and thus there is/was no legal reason for them not to responsibly answer the Courts Summons/Complaint understanding that no answer would mean that a judgment for the damages would be taken against them in the event they did not answer.17. "I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct and further say not. Executed on. Signed this _____ Day of September, 2014 Cody Robert Judy/ pro se _____________________________I, Cody Robert Judy, residing at the address of 3031 So. Ogden Ave, #2, Ogden, Utah 84401 certify under penalty of perjury under F.R.C.P Law, that I know the contents of this Affidavit signed by me, and that the statements are true and correct.___________________________ Signed by Witnessed by: ______________________State of __________ County of: ______________________

Notary Public: _______________________________________ Title: My commission expires:1