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Post by Harrison on Jan 14, 2012 10:52:32 GMT -5
Right on! Isn't there something in the fact that the PA threatened me with jail for trying to be heard? Maybe that would just be case tampering? (ha ha just, that's sad) The form isn't really set up for this AT ALL and I'm having trouble with the PDF fill. I'm tryin' to get it here.
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Post by Harrison on Mar 6, 2012 11:23:58 GMT -5
Day 22 of 60, not a peep out of the county so far. I'm still waiting for a case No. Day 60 is Fri. April 13th. The county thinks if they do nothing we will just go away. The legal reality is that inaction on the part of the county risk management. Will after the 60 days, not only allow us to file in federal district court but file with a summary judgement motion. The county RM by law will have gave up any legal defence. If the past is any clue it should be a quiet 38 days, inaction by the school started this, let's hope they stay consistent.
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Post by Jim on Mar 7, 2012 7:09:16 GMT -5
Day 22 of 60, not a peep out of the county so far. I'm still waiting for a case No. Day 60 is Fri. April 13th. The county thinks if they do nothing we will just go away. The legal reality is that inaction on the part of the county risk management. Will after the 60 days, not only allow us to file in federal district court but file with a summary judgement motion. The county RM by law will have gave up any legal defence. If the past is any clue it should be a quiet 38 days, inaction by the school started this, let's hope they stay consistent. I'm sure they'll probably wait for day 59 to respond
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Post by Harrison on Mar 16, 2012 15:09:31 GMT -5
Day 32 of 60, still no word
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Post by Harrison on Apr 11, 2012 11:32:30 GMT -5
58/60 Trying to put a USC or other federal law to my claims
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Post by Jim on Apr 12, 2012 9:09:38 GMT -5
Down to the wire now huh? I wonder if they just blew you off?
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Post by Harrison on Apr 12, 2012 11:39:46 GMT -5
That's been their MO from the beginning and when I stood nose to nose (literally) in the court house hallway with the PA and insisted on our right to be present and heard, I was threatened with imprisonment. I can't even serve a copy to the PA office (the legal representation for the county and school dist.) because I have yet to receive a risk management case No.
Under state law the office of risk management is REQUIRED to respond to a complaint, if it fails to do so after 60 days the entity (county, state, etc.) that is represented by that office losses any defence in court. So the next step will be to file in federal dist. court and file a motion for summary judge due to absence of legal defence. hehehe I like that, ABSENCE, pun intended!!
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Post by Harrison on Apr 14, 2012 9:55:17 GMT -5
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Post by Harrison on Apr 14, 2012 10:01:15 GMT -5
The above link will take you to a full listing of the U.S.C.s. Off of this the laws are admissible in court as evidence because they are made available through the US government.
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Post by Harrison on May 23, 2012 10:49:29 GMT -5
Went to the US federal court house in Tacoma, it is AWSOME!!!! The complaint and summons are filed and served. The PA as of today has 21 days to reply or face a default judgment. The clerk even gave me a few compliments; one for organisation and one on the paper work it's self saying it looked real good and I should have no problems.
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Post by Harrison on May 24, 2012 17:39:29 GMT -5
Just filed proof of service and didn't even leave the house, what a kick!!!
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Post by Harrison on May 27, 2012 12:22:59 GMT -5
Just after my last post I Received a large envelope from the federal district court (FDC). I though, holy shit!! were did I screw up so bad that my case is dismissed this fast. To my rejoice and relief it turned out to be a minute order, this order direct the plaintiff to first with in 10 days of the defendants entry in to the case serve a copy of the order to the defendant. The goes on to make it the responsibility of the plaintiffs to set up a meeting to set the schedule for the case, time for discovery etc. So what I'm drawing from this is that my summons, complaint and civil cover sheet has passed muster and done the intended job. The next week should be interesting in that it should be a good indicator on how the PA will handle the hot steamin' pile I put in font of him. 1. stick their head in the sand and wait for June 12 and a default judgment. 2. this coming week I'll get a summary motion dismissal from them in a furious attempt to just have me gone. 3. wait and drag out everything til the last minute, trying to wear me down and out. 4. now they want to talk and be reasonable about this. Hell they may be headed in a direction I don't see, any ideas? I'm all ears!! I'm trying to be ready for everything.
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Post by Jim on May 28, 2012 7:40:57 GMT -5
Just after my last post I Received a large envelope from the federal district court (FDC). I though, holy shit!! were did I screw up so bad that my case is dismissed this fast. To my rejoice and relief it turned out to be a minute order, this order direct the plaintiff to first with in 10 days of the defendants entry in to the case serve a copy of the order to the defendant. The goes on to make it the responsibility of the plaintiffs to set up a meeting to set the schedule for the case, time for discovery etc. So what I'm drawing from this is that my summons, complaint and civil cover sheet has passed muster and done the intended job. The next week should be interesting in that it should be a good indicator on how the PA will handle the hot steamin' pile I put in font of him. 1. stick their head in the sand and wait for June 12 and a default judgment. 2. this coming week I'll get a summary motion dismissal from them in a furious attempt to just have me gone. 3. wait and drag out everything til the last minute, trying to wear me down and out. 4. now they want to talk and be reasonable about this. Hell they may be headed in a direction I don't see, any ideas? I'm all ears!! I'm trying to be ready for everything. Wow! I'm not sure what to think, I personally wouldn't trust these critters but they also have to follow procedure to a certain extent so they do not legally default..... Just keep doing what your doing, looks like your making headway!
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Post by Harrison on May 28, 2012 9:13:06 GMT -5
My trust is something the county, in any form, will never have from me again!!! If they are doing anything, it's shady. Remember my attempt at appeal a little over a year ago? The county didn't send all the info. and the State Supreme/Appeals courts let them get away with it, then denied my request to proceed due to indigence. It took every penny I had and some help from my BEST friend, but I didn't give them any chance and paid the $350 filing fee. From what I've read in the FDC paper work and seen at the FD Courthouse, Mason county and the PA's office had better get their shit together or the feds. WILL help them and not in a goood way. I know one thing, any meeting or such will not be held in the PA's office or the courthouse. Any idea's were I could set up meetings? Some place not under county control. With video surveillance......Denny's Hmmmm............I'd think I'm paranoid but it's not paranoia if they're after you and I've been threatened once with false imprisonment. I'll call it due care and caution. On the other hand if they so much as twitch wrong in my direction a 20 yr sentence for obstruction of justice is more than possible cause that charge has already been made.
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Post by Harrison on May 30, 2012 10:41:00 GMT -5
How's this for a kick, the mighty power of the PAs office must not be worth a shit unless they're bulling kids and unsuspecting parents. They are NOT even defending them selves they hired a specialist out of Olympia. John E. Justice that's right, Justice. That tells me one very important thing......... I must really have them by the short hairs.
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