Opinion
22 CV 06270
12-27-2022
JAMES GARNER, Plaintiff, v. STEVEN KIDD, THOMAS COSTELLO, et al., Defendants,
JAMES GARNER, Plaintiff.
JAMES GARNER, Plaintiff.
Honorable Franklin U. Valderrama
U.S. District Judge
Susan E. Cox
Magistrate Judge
PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT BY THE COURT WITH REGARD TO DEFENDANTS IRIS Y, MARTINEZ, PINAL PATEL, ROSE BISHOP, AND TAMARA FOR FAILURE TO ANSWER OR OTHERWISE PLEAD
NOW COMES the Plaintiff, James Garner, and respectfully moves this Honorable Court pursuant to Rule 55(b)(2) of the Federal Rules of Civil Procedure to grant “Plaintiffs Motion For Default Judgment By The Court With Regard To Defendants Iris Y. Martinez, Pinal Patel, Rose Bishop, And Tamara For Failure To Answer Or Otherwise Plead” and in support thereof, states as follows:
FACTS
1. On November 8, 2022; Plaintiff filed a Pro Se Federal RICO Lawsuit 22cv06270 against Defendants Lynda Segneri(/1AL4 “LyndaMarie COSTELLO”), Thomas Costello, Integrity Investment Fund,LLC(//F) and others, including accessories and or accomplices, like Defendants Iris Y. Martinez, Pinal Patel, Rose Bishop, And Tamara, for conspiring to maliciously violate Plaintiffs Constitutional Rights(or well as State Laws) pursuant to the irrefutable fact that Defendant Thomas Costello, in his own words confessed, to the brazen July 3, 2022-theft of Plaintiffs property, on July 6, 2022 and theft of Plaintiffs lawful possession the white Church building that lawfully belongs to Plaintiffs, property tax exempt, “Correct Knowledge Is Power CHURCH of Simplicity = Genius” (CK Church) located at 1050 State Line Road, Calumet City, Illinois 60409.
DEFENDANTS IRIS Y. MARTINEZ, PINAL PATEL, ROSE BISHOP, AND TAMARA PROPERLY SERVED WITH LAWSUIT(22Cr06270) AND SUMMONS
2. On November 16, 2022; a filed stamped copy of the Civil Complaint (lawsuit 22cv06270) and Summons was served upon Defendants Iris Y. Martinez, Pinal Patel, Rose Bishop, And Tamara; (SEE ATTACHED EXHIBIT - Attached Hereto),
3. On November 16, 2022; The Summons was received in the District Clerk's Office as returned executed; (SEE ATTACHED EXHIBIT-#2 - Attached Hereto),
DEFENDANTS IRIS Y. MARTINEZ. PINAL PATEL, ROSE BISHOP, AND TAMARA MADE A CONSCIOUS DECISION TO NOT FILE AN ANSWER OR OTHERWISE PLEAD WITHIN THE ALLOTTED TIME ALLOWED BY THE LAW
4. Defendants Iris Y. Martinez, Pinal Patel, Rose Bishop, And Tamara knew that they had 21-days from November 16, 2022 to file an Answer or otherwise Plead. Significantly, Defendants Iris Y. Martinez, Pinal Patel, Rose Bishop, And Tamara had a “due date” of December 7, 2022 to file an Answer or otherwise Plead. However, they elected to “thumb their noses” at the Federal Rules of Civil Procedure and the Law. Moreover, Attorney Tiffany Brooks would know to either file an Answer or otherwise plead on behalf of Defendants in this RICO lawsuit. Apparently, since Brooks is a licensed Attorney, her conduct after being made aware of this Civil Complaint, clearly indicates she has a mindset to ignore the Rule of Law, which makes our country great.
DEFENDANTS IRIS Y. MARTINEZ. PINAL PATEL, ROSE BISHOP, AND TAMARA FAILED TO SEEK AN EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S CIVIL COMPLAINT
5. Providing the Defendants Iris Y. Martinez, Pinal Patel, Rose Bishop, And or Tamara believed they needed more time to file an Answer or otherwise Plead, such Defendants could have easily sought an enlargement of time to do so under Rule 6 of the Federal Rules of Civil Procedure Once again, Defendants Iris Y. Martinez, Pinal Patel, Rose Bishop, And or Tamara, did nothing except to ignore the rules applicable to Federal Civil Procedure and ignore the Law.
PLAINTIFF REQUEST THAT THIS COURT ENTER DEFAULT JUDGMENT AGAINST DEFENDANTS IRIS Y. MARTINEZ, PINAL PATEL. ROSE BISHOP, AND TAMARA AND SET
THIS MATTER FOR A HEARING ON DAMAGES
6. Plaintiff has clearly established that Defendants Iris Y. Martinez, Pinal Patel, Rose Bishop, And or Tamara are in Default. This case with respect to Defendants Iris Y. Martinez, Pinal Patel, Rose Bishop, And or Tamara should be over by their own doing and flouting of the Law that makes our country great.
LEGAL STANDARD
7. Under the Constitution of the United States, which begins with “WE THE PEOPLE”; An unconstitutional act is not law, No one is bound to obey an unconstitutional law and no Courts are bound to enforce it; In our great country, no one is above the law and each Citizen is guaranteed certain RIGHTS guaranteed under the Constitution of the United States of America.
8. FOURTEENTH Amendment, of the United States of America, clearly states, “...No State shall make or enforce any Law which shall abridge the privileges or immunities of Citizens of the United States; Nor shall any State deprive any Person of Life, Liberty, or Property, without Due process of Law, Nor deny to any Person within its jurisdiction the Equal protection of the Laws...”
9. Rule 55(b)(2) of the Federal Rules of Civil Procedure.
ARGUMENT
10. Poor USA Citizens are easy prey and are clearly betrayed, when Public Servant Defendants like, Iris Y. Martinez, Pinal Patel, Rose Bishop, And or Tamara, aid and abet ruthless dangerous educated sophisticated white-collar tax-$ stealing....house and Church stealing criminals like Defendants Lynda Segneri (AKA "Lynda Marie COSTELLO”) and Thomas Costello; BECAUSE Thomas Costello clearly, in his own words, admitted to committing multiple crimes (theft, burglary, extortion, criminal conspiracy, being part of an ongoing criminal Enterprise, etc).. ..as he implicated multiple Public Servant accomplices and accessories, including Cook County Judges and Prosecutors, in a treacherous ongoing real estate racket, that had repeatedly stolen from Plaintiff and many other poor Illinois property possessing USA Citizens, like Michael Bell and Michelle Kidd, who also were ripped off by the “racket” and forced to file a December 15, 2022-class action Federal lawsuit 22cv07061 against the very same “Indemnity Fund” regularly looted with impunity, according to Costello, by a small cabal of corrupt tax lawyers (who Costello named) much like. . .either his relative or current or former wife Defendant Segneri, who continues to foist fraud upon State Court to cover-up Costello's crimes, rather than cooperate with this Court's clear jurisdiction;
THESE Defendants deserve to be taught a lesson NOW for their heinous documented crimes, punished financially, and then punished via Federal prosecution, because Defendant Kim Foxx will not prosecute them......because according to Costello, Foxx's subordinates are their accomplices and accessories.
11. Therefore, Plaintiff urges this Court to set this matter for hearing on damages at the earliest practicable time of this Court's calendar.
WHEREFORE, the Plaintiff, James Garner, respectfully requests that this Honorable Court to grant “Plaintiff's Motion For Default Judgment By The Court With Regard To Defendants Iris Y Martinez, Pinal Patel, Rose Bishop, And Tamara For Failure To Answer Or Otherwise Plead”, and any other relief that this Honorable Court deems Warranted.
Respectfully Submitted,
(EXHIBIT OMITTED)