Sei sulla pagina 1di 6

1

RICHARD I. FINE
Prisoner ID # 1824367
2 c/o Men’s Central Jail
3 441 Bauchet Street
Los Angeles, CA 90012
4

5 UNITED STATES DISTRICT COURT


6
CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION
7

8
RICHARD I. FINE, Case No. CV-10-0048 JFW (CW)
9
Plaintiff,
10 REQUEST FOR CLERK’S ENTRY
11 vs. OF DEFAULT; AFFIDAVIT IN
SUPPORT
12

13
STATE BAR OF CALIFORNIA;
BOARD OF GOVERNORS OF THE
14 STATE BAR OF CALIFORNIA;
15 SCOTT DREXEL, Chief Trial Counsel
of the State Bar of California; and THE
16
SUPREME COURT OF CALIFORNIA
17 (only as a necessary party);
18
Defendants.

19

20

21

22
TO: The Clerk of the United States District Court for the Central District

23 of California, Western Division.


24
Plaintiff RICHARD I. FINE hereby requests that the Clerk of the above-
25

26 entitled Court enter default in this matter against defendants (1) STATE BAR OF
27
CALIFORNIA, (2) BOARD OF GOVERNORS OF THE STATE BAR OF
28

-1-
1
CALIFORNIA, and (3) SCOTT DREXEL. Said defendants have failed to appear
2 or otherwise respond to the “Verified Civil Rights Complaint To Void And
3
Annul California Supreme Court Order Of Disbarment, And Preceding State Bar
4

5 Order Of Involuntary Inactive Enrollment, For Fraud Upon The Court” within the
6
time prescribed by the Federal Rules of Civil Procedure.
7

8 Plaintiff served his Complaint on defendant SCOTT DREXEL on


9
February.10, 2010, and on defendants STATE BAR OF CALIFORNIA and
10
BOARD OF GOVERNORS OF THE STATE BAR OF CALIFORNIA on
11

12 February 18, 2009. A copy of the Server’s Affidavits and proofs of service of
13
summons is on file with this Court and another copy is attached hereto as Exhibit
14

15 “A.” Defendants responsive pleadings were due on March 2 and March 10,
16
2010, respectively. F.R.C.P. 12(a)(1)(A) (“A defendant must serve an answer
17

18
within 20 days after being served with the summons and complaint”).

19 A review of the Court’s docket report, which is attached as Exhibit “B”,


20
shows that defendants have not appeared or filed a responsive pleading in this
21

22 case. Thus, the proofs of service and evidence of default comply with F.R.C.P.
23
55. Because defendants failed to appear or otherwise respond to the Complaint,
24

25 default should be entered against them.


26

27

28

-2-
1
The Clerk of the Court is requested to enter judgment in favor of the
2 Plaintiff and against the defendants (1) STATE BAR OF CALIFORNIA, (2)
3
BOARD OF GOVERNORS OF THE STATE BAR OF CALIFORNIA, and (3)
4

5 SCOTT DREXEL, as prayed for in the Complaint, as follows:


6
1. The Court issue an order voiding and annulling the October 12, 2007
7

8 decision of the State Bar Court Hearing Department and Order of Involuntary
9
Inactive Enrollment;
10
2. The Court order the State Bar to remove the October 12, 2007
11

12 Decision and Order of Involuntary Inactive Enrollment from its website and
13
records, and inform all persons and entities whom they had informed of such
14

15 decision, and order that such decision and order has been ordered to be voided
16
and annulled by the Court;
17

18
3. The Court order the California Supreme Court to void and annul the

19 disbarment of Richard Isaac Fine and to restore his name as an active member of
20
the Bar as if no disbarment had occurred, without the payment of any back dues,
21

22 assessments or penalties, and to remove any costs, penalties or other charges


23
levied against him by the Supreme Court or the State Bar;
24

25 4. The Court order the State Bar to remove the Review Department
26
Opinion from its website, restore Richard Isaac Fine to the active list of State Bar
27
members as of October 12, 2007, pay all costs of the State Bar proceeding
28

-3-
1
including transcript costs, copying costs and Supreme Court filing fees to Fine,
2 and to contact all persons and entities whom they informed of the disbarment and
3
inform them that the disbarment has been voided and annulled by this Court;
4

5 5. For costs of suit herein;


6
6. For reasonable attorney’s fees; and
7

8 7. For such further relief as the Court deems fit.


9

10
Dated: March 17, 2010 Respectfully submitted,
11

12 BY: ________________________
13 RICHARD I. FINE,
In Pro Per
14

15

16

17 AFFIDAVIT OF RICHARD I. FINE


18
IN SUPPORT OF ENTRY OF DEFAULT
19

20 1. I am the plaintiff in this action. I certify, depose, and state the


21
following to support the Request for Entry of default Judgment by Clerk against
22

23
defendants (1) STATE BAR OF CALIFORNIA, (2) BOARD OF GOVERNORS

24 OF THE STATE BAR OF CALIFORNIA, and (3) SCOTT DREXEL.


25
2. Defendants have not appeared in this action and have not responded
26

27 to the complaint within the time prescribed by the Federal Rules of Civil
28
Procedure.

-4-
1
3. Defendants are not minors, incompetent persons, or persons in
2 military service.
3
4. This action involves claims for fraud causing financial loss and
4

5 damages to the plaintiff that are substantial and irreparable.


6
I declare under penalty of perjury under the laws of the United States that
7

8 the foregoing is true and correct to the best of my knowledge, information and
9
belief.
10

11
Dated this 17th day of March, 2010 Respectfully submitted,
12

13
BY: ____________________________
14
RICHARD I. FINE,
15 In Pro Per
16

17

18

19

20

21

22

23

24

25

26

27

28

-5-
1 PROOF OF SERVICE
2 STATE OF CALIFORNIA,
3 COUNTY OF LOS ANGELES
4

5
I am Fred Sottile. My address is 2601 E. Victoria Street, # 108, Rancho
6 Dominguez, CA 90220.
7 On March ___, 2010, I served the foregoing document described as
8
REQUEST FOR CLERK’S ENTRY OF DEFAULT; AFFIDAVIT IN
9

10
SUPPORT on interested parties in this action by depositing a true copy thereof,

11 which was enclosed in a sealed envelope, with postage fully prepaid, in the
12
United States Mail, addressed as follows:
13

14 Lawrence C. Yee Scott Drexel


Mark Torres-Gil 1325 Howard Ave., # 151
15
Tracey L. McCormick Burlingame, CA 94010
16 STATE BAR OF CALIFORNIA
OFFICE OF GENERAL COUNSEL
17
180 Howard Street
18 San Francisco, CA 94105-1639
19

20
I certify and declare, under penalty of perjury under the laws of the United
21 States of America and the State of California, that the foregoing is true and
22 correct.
23 Executed on this _____ day of March, 2010, at Rancho Dominguez,
24 California.
25

26 ____________________________________
27 FRED SOTTILE
28

-6-

Potrebbero piacerti anche