IN THE UNITED STATES DISTRICT COURT

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  • 1. IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ___________________________________ Gary Drew Ford, ) ) Plaintiff, ) CIVIL ACTION NO: 09-3059 ) v. ) ) ANGELO L. MARTINEZ, and, ) JAMES A. GILLIN, as Individual(s), ) and, PERSON(S), official capacity, ) and, DELAWARE COUNTY ) as a PERSON. ) Defendants. ) ___________________________________) PLAINTIFF’S REQUEST FOR ENTRY OF DEFAULT Plaintiff asks the clerk of the court to enter a default against defendants, as authorized by Federal Rule of Civil Procedure 55.
  • 2. A. Introduction 1. Plaintiff is Gary Drew Ford; defendants are ANGELO L. MARTINEZ, and, JAMES A. GILLIN, as Individual(s), and, PERSON(S), official capacity, and, DELAWARE COUNTY as a PERSON. 2. On July 9, plaintiff sued defendant for 1983 et al civil rights action. 3. On July 10, defendants ANGELO L. MARTINEZ AND DELAWARE COUNTY, then on July 13, defendant JAMES A GILLIN was served with a summons and a copy of plaintiff’s complaint by an adult male 52years of age who personally hand delivered and completed service. A copy of the return of service is attached as Exhibits “A-C”. Defendant did not file a responsive pleading or otherwise defend the suit. 4. Plaintiff is entitled to an entry of default.
  • 3. B. Argument 5. The clerk of the court may enter a default against a party who has not filed a responsive pleading or otherwise defended the suit. Fed. R. Civ. P. 55(a); New York Life Ins. Co. v. Brown, 84 F.3d 137, 141 (5th Cir. 1996). 6. The clerk should enter a default and a default against defendant(s) because: (A) defendants ANGELO L. MARTINEZ AND DELAWARE COUNTY did not file an answer within 20 days after July 10, the date of service; (B) defendants JAMES GILLIN did not file an answer within 20 days after July 13, the date of service; (C) defendants did not otherwise defend the suit. Fed. R. Civ. P. 55(a), although noteworthy defendants made an appearance, See Exhibit “D” in the suit but did not file an answer; (D) Therefore, Plaintiff remedy is found at Fed. R. Civ. P. 12(a)(1)(A). Time to defend expired. 7. Plaintiff meets the procedural requirements for obtaining an entry of default from the clerk as demonstrated by
  • 4. Gary Drew Ford’s sworn affidavit, attached as Exhibit “E”. As set forth herein and as attachments. 8. Defendants are not an infant(s), an incompetent person, or in military service. See 50 U.S.C. app. §521(b)(1); Fed. R. Civ. P. 55(b)(1), (e). An affidavit of defendant’s military status is attached as Exhibit “F”. 9. Because defendants did not file a responsive pleading or otherwise defend the suit, they are not entitled to notice of entry of default. Fed. R. Civ. P. 55(a); see Key Bank v. Tablecloth Textile Co., 74 F.3d 349, 352-53 (1st Cir. 1996). 11. Noteworthy, Plaintiff tried to reach out and contact James Gillin regarding his Injunction Relief, in which once again he chose to remain unapproachable and deafly silent. Nevertheless this default like this lawsuit could have
  • 5. been thorted if James Gillin or the Delaware County acted as responsible persons. See Exhibits “G” emails and fax to Gillin. 12. Furthermore, Defendants by not requesting more time from Plaintiff, (remedy I) and not seeking enlargement of time (remedy II) or lastly leave of court. (remedy III) {All legitimate good standing remedies}. Likewise as in the rules of baseball three (3) strikes and you’re out, regardless of the players or fans protesting, which is the making of sound and good umpire, and equally a great Judge. 13. Plaintiff entered into a contract with the court via offer e.g. money, and acceptance e.g. rules, and thereby now invokes the full force of this rule, as law.
  • 6. C. Conclusion 11. The Defendants’ are without any justifiable excuse as two (2) are attorneys-at-law and moreover in appearance a member of the law firm of HOLSTEN & ASSOCIATES (See Exhibit “G”) which could qualify as a squad of attorneys, with supporting staff, maybe rise to the level of a platoon and could have easily answered timely and or sought the three (3) remedies furthermore articulated above, regarding this complaint, without leaning on a sympathetic ear of the court. For all the forgoing reasons, plaintiff asks the clerk to enter a default in favor of plaintiff.