Free Motion for Default Judgment - District Court of California - California

Case 3:07-cv-02187-IEG-NLS

Document 38-3

Filed 04/25/2008

Page 1 of 2

1 KANP. HEWITT
United States Attorney
2

JOHN R. MONROE
3 IA Bar No. 0008881

Trial Attorney, Tax Division

4 US. Deparment of Justice
P.o. Box 7238
5 Washington, DC 20044 Telephone: 202-307-0638
6 Facsimile: 202-514-6770
iohn.r.monroe(â:usdoi .gOY

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA
) ) ) )
) Case No. 07-cv-2187-IEG-NLS

10 Plaintiff,

9 UNITED STATES OF AMERICA,

11 v.
16 and

12 ROOSEVELT KYLE, individually or
d//a CENTURY ONE RESORTS, LTD 13 or CENTURY ONE ASSOCIATES; REBECCA TYREE alal RUBEE TYREE 14 or RUBY TYREE; COA FINANCIAL GROUP, LLC d/b/a COA 15 FINANCIAL NETWORK TRUST c/o T &N FASHION;

) )

) DECLARATION OF ) JOHN MONROE IN SUPPORT OF ) MOTION FOR DEFAULT JUDGMENT
) AS A SANCTION AGAINST

) ROOSEVELT KYLE
) ) ) ) )
)

EAGLE FINANCIAL SERVICES, LLC
17

Defendants.
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19 I, John Monroe, pursuant to 28 US.c. § 1746, declare and state as follows:

20 1. 22 2.

I am a trial attorney with the Tax Division ofthe Deparment of Justice. I am over 18 years

21 of age and am competent to testify to the facts stated below.
On February 6,2008, February 8, 2008, and February 11, 2008, I called Roosevelt Kyle at

23 his last known telephone number, 619-702-7406. On these dates, I left yoicemail messages
24 for Mr. Kyle requesting his cooperation in making arrangements for his participation in the

25 telephonic Early Neutral Evaluation Conference set for February 11, 2008.

26 3. 27 4.
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Mr. Kyle did not respond to my messages and phone calls.

On February 14,2008, I sent to Mr. Kyle via US. Express Mail a copy ofthe Court's Order
203663.1

Case 3:07-cv-02187-IEG-NLS

Document 38-3

Filed 04/25/2008

Page 2 of 2

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issued on February 11, 2008 (Doc. No. 25) and a letter requesting Mr. Kyle's cooperation in
conducting a Rule 26( f) conference and drafting a Joint Discovery Plan. A true and accurate

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copy of this letter is attached to this declaration as Exhibit A.
Mr. Kyle did not respond to my letter sent on February 14, 2008.
I received confirmation from the United States Postal Service that on February 15, 2008, Mr.

4 5.

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Kyle received my letter. A true and accurate copy of the proof of delivery that I received
from the United States Postal Service is attached to this declaration as Exhibit B.
According to Notices of Electronic Filing, issued by

8 7.
10 the Notices of

the Court, copies ofthe Court's Orders

9 (Doc. Nos. 17,25,30,33, and 35) were delivered to Mr. Kyle. A true and accurate copy of

Electronic Filling for Document Numbers 17,25,30,33, and 35 are attached

11 to this declaration as Exhibits C-G.
12 I declare under penalty of perjury that the foregoing is true and correct.
13 Dated: April

25, 2008

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. Monroe ttorney ment of Justice - Tax Division

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Case No. 07-cv-2187 203663.1