Case 2:11-cv-02089-SRB Document 19 Filed 03/26/12 Page 1 of 5

Van Irion Liberty Legal Foundation 9040 Executive Park Dr., Ste. 200 Knoxville, TN 37923 (423) 208-9953 van@libertylegalfoundation.com Attorney for Plaintiffs

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA LIBERTY LEGAL FOUNDATION; JOHN DUMMETT; LEONARD VOLODARSKY; CREG MARONEY, Plaintiffs v.

Defendants

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for a default judgment against Defendant Debbie Wasserman Schultz and a permanent injunction prohibiting said Defendant, her employees and agents from issuing any letters, certificates, or other document to any Secretary of State of any state, any agent thereof, or any other official of any state, indicating that Barack
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MOTION AND MEMORANDUM IN SUPPORT OF MOTION FOR DEFAULT JUDGEMENT AGAINST DEFENDANT SCHULTZ Pursuant to federal rules of civil procedure 55 the Plaintiffs move this Court

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NATIONAL DEMOCRATIC PARTY of the USA, Inc.; DEMOCRATIC NATIONAL COMMITTEE; DEBBIE WASSERMAN SCHULTZ,

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CASE NO: 2:11-cv-02089-SRB Judge: Bolton

Case 2:11-cv-02089-SRB Document 19 Filed 03/26/12 Page 2 of 5

Obama is qualified to hold the office of President or that the Democratic Party has selected Mr. Obama as its Presidential candidate, or requesting that any state place the name of Mr. Obama on any ballot for the office of President of the United States for the 2012 general election. Grounds for this motion, as more fully set forth below, are that said Defendant was properly served with the summons and complaint issued by this Court, and said Defendant failed to respond.

MEMORANDUM IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION

I.

Standard

Federal rule of civil procedure 55 states in relevant part When a party

otherwise defend as provide by these rules and that fact is made to appear, the clerk must enter the partys default.

law provides otherwise, an individualother than a minor, an incompetent person,

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or a person whose waiver has been filedmay be served in a judicial district of the

United States by:

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Federal rule of civil procedure 4(e) states in relevant part: Unless federal

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against whom a judgment for affirmative relief is sought has failed to plead or

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Case 2:11-cv-02089-SRB Document 19 Filed 03/26/12 Page 3 of 5

(1) following state law for serving a summons in an action brought in courts of general jurisdiction in the state where the district court is located or where service is made

Arizona rules of civil procedure 4.2(c) states in relevant part: Service by Mail; Return. When the whereabouts of a party outside the state is known, service may be made by depositing the summons and a copy of the pleadings being served in the post office, postage prepaid, to be sent to the person to be served by any form of mail requiring a signed and returned receipt. Service by mail pursuant to this subpart and the return thereof may be made by the party procuring service or by that partys attorney.

Courts summons is issued against an individual. See Case 2:11-cv-02089-SRB Doc. 17.

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Decl. Irion.
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II.

Defendant Served

Defendant Schultz was properly served pursuant to the rules cited supra. See

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Last week this Court confirmed that such service is appropriate when this

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Case 2:11-cv-02089-SRB Document 19 Filed 03/26/12 Page 4 of 5

III.

Relief Sought

The Applicant requests an order prohibiting the Defendant Schultz from issuing any letters, certificates, or other document to any Secretary of State of any state, any agent thereof, or any other official of any state, indicating that Mr. Obama is qualified to hold the office of President or that the Democratic Party has selected Mr. Obama as its Presidential candidate, or requesting that any state place the name of Mr. Obama on any ballot for the office of President of the United States for the 2012 general election.

Respectfully submitted,

Dated: 3rd Day of Abib, Year of our Lord 2012 (a.k.a. March 26, 2012)

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It is hereby certified that on 3rd Day of Abib, Year of our Lord 2012 (a.k.a. March 26, 2012), a copy of Motion and Memorandum in Support of Motion for Default Judgment Against Defendant Schultz was filed electronically. Parties may access this filing through the Courts electronic filing system. A copy of this motion will also be served upon the Defendants via mail.

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CERTIFICATE OF SERVICE

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_s/Van R. Irion_________________ Van R. Irion Liberty Legal Foundation 9040 Executive Park Drive, Ste. 200 Attorney for Plaintiffs (423) 208-9953

Case 2:11-cv-02089-SRB Document 19 Filed 03/26/12 Page 5 of 5

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_s/Van R. Irion_________________ Van R. Irion Liberty Legal Foundation 9040 Executive Park Drive, Ste. 200 Attorney for Plaintiffs (423) 208-9953

Case 2:11-cv-02089-SRB Document 19-1 Filed 03/26/12 Page 1 of 2

Van Irion Liberty Legal Foundation 9040 Executive Park Dr., Ste. 200 Knoxville, TN 37923 (423) 208-9953 van@libertylegalfoundation.com Attorney for Plaintiffs

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA LIBERTY LEGAL FOUNDATION; JOHN DUMMETT; LEONARD VOLODARSKY; CREG MARONEY, Plaintiffs v.

Defendants

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I, Van R. Irion, declare under penalty of perjury that: 1. I am the attorney for the Plaintiffs in the above-named action; 2. Defendant Debbie Wasserman Schultz is known to be located outside the state of Arizona;

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NATIONAL DEMOCRATIC PARTY of the USA, Inc.; DEMOCRATIC NATIONAL COMMITTEE; DEBBIE WASSERMAN SCHULTZ,

DECLARATION OF VAN R. IRION

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CASE NO: 2:11-cv-02089-SRB Judge: Bolton

Case 2:11-cv-02089-SRB Document 19-1 Filed 03/26/12 Page 2 of 2

3. This Courts summons and a copy of the pleadings were dispatched to

Defendant Debbie Wasserman Schultz at the address 118 Cannon HOB, Washington, DC 20515;

4. The United States Postal Service track and confirm system confirms that such papers were in fact received by Defendant Debbie Wasserman

Schultz as evidenced by the receipt, a copy of which shall be attached to this declaration;

5. I declare under penalty of perjury that the foregoing is true and correct. Dated: 3rd Day of Abib, Year of our Lord 2012 (a.k.a. March 26, 2012) _s/Van R. Irion_________________ Van R. Irion Liberty Legal Foundation 9040 Executive Park Drive, Ste. 200 Attorney for Plaintiffs (423) 208-9953

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