6/8/2015 12:07:47 PM

14CV0835

IN THE CIRCUIT COURT FOR THE STATE OR OREGON

FOR THE COUNTY OF JOSEPHINE

EDWARD SNOOK
Plaintiff,

Cause No. 14CV0835

vs
DEBORAH SWAN.
Defendant
DEFENDANTS
OBJECTION TO THE PLAINTIFFS
REPONSE TO THE DEFENDANTS
MOTION TO STRIKE FALSE
STATEMENTS FROM RECORD OF
JAMES E LEUENBERGER

OBJECTION TO THE PLAINTIFFS REPONSE TO THE DEFENDANTS

MOTION TO STRIKE FALSE STATEMENTS FROM RECORD OF JAMES E
LEUENBERGER
15.010

CONFERRING ON MOTIONS
UNDER ORCP 21, 23 and 36- 46

A. Pursuant to UTCR 5.010 CONFERRING ON MOTIONS, the Plaintiff has not

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5.010 CONFERRING ON MOTIONS UNDER ORCP 21, 23 and 36-46(1) The court will deny any motion made
pursuant to ORCP 21 and 23, except a motion to dismiss: (a) for failure to state a claim; or, (b) for lack of jurisdiction,
unless the moving party, before filing the motion, makes a good faith effort to confer with the other party(ies)
concerning the issues in dispute.

made any attempt to confer with the Defendant.

B. Defendant Swan who is a self represented litigant, moves this court to DENY
the Plaintiffs motion for not following UTCR 5.010.
OBJECTION TO PLAINTFFS
POINTS AND AUTHORITY
A. Pursuant to page 2 lines 19 through 23, the Plaintiffs argument is false.
B. ORCP 45 has been followed by the Defendant.
C. The OJIN is the official record of when the parties are electronically served.
D. The OJIN record proves Leuenberger timely received the Defendants answers
to the Plaintiffs Request for Admissions.
E. The Defendant is not required to send by USPS mail a hard copy to the
Plaintiff .
F. The Defendant corrected the mistake by applying her digital signature before
her CERTIFICATE OF SERVICE.
G. Therefore the Defendant has NOT admitted to all the Plaintiffs Request of
Admissions.
5.010

CONFERRING ON MOTIONS UNDER ORCP 21, 23 and 36-46

(1) The court will deny any motion made pursuant to ORCP 21 and 23, except a
motion to dismiss: (a) for failure to state a claim; or, (b) for lack of
jurisdiction.
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(2) The Plaintiff has not made a good faith effort to confer with the Defendant
concerning the issues in dispute.

I, Deborah Swan, certify that the certifications are true and correct based on my
reasonable knowledge, information, and belief formed after making of such inquiry
as is reasonable under the circumstances. I certify that this document is not being
presented for any improper purpose. I certify that all allegations or other factual
assertions so identified are supported by evidence and further investigation and
discovery.
/s/ Deborah Kay Swan
AFFIDAVIT OF SERVICE
I, Deborah Swan, hereby certify and declare that on the 7th day of June, 2015, I
electronically filed the foregoing DEFENDANTS OBJECTION TO THE
PLAINTIFFS RESPONSE TO THE DEFENDANTS MOTION TO STRIKE
FALSE STATEMENTS FROM RECORD OF JAMES E LEUENBERGER
with the clerk of court using file and serve, which will send notification of such
filings to the following
James Leuenberger
5200 Meadows
Lake Oswego, OR 97035
503-679-8473
Email: jim@fights4rights.com
All parties are registered as E-file and serve participants for electronic notification.
DATED the 7th day of June, 2015.
By: /s/ Deborah K. Swan
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