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

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

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KAREN P. HEWITT United States Attorney JOHN R. MONROE IA Bar No. 0008881 Trial Attorney, Tax Division U.S. Department of Justice P.O. Box 7238 Washington, DC 20044 Telephone: 202-307-0638 Facsimile: 202-514-6770 [email protected] IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) ROOSEVELT KYLE, individually or ) d/b/a CENTURY ONE RESORTS, LTD ) or CENTURY ONE ASSOCIATES; ) REBECCA TYREE a/k/a/ RUBEE TYREE ) or RUBY TYREE; ) COA FINANCIAL GROUP, LLC d/b/a COA ) FINANCIAL NETWORK TRUST c/o T&N ) FASHION; ) and ) EAGLE FINANCIAL SERVICES, LLC ) ) Defendants. ) _______________________________________ ) ) ROOSEVELT KYLE, ) ) Third-Party Plaintiff, ) ) v. ) ) JOHN R. MONROE; ) DOES 1 THROUGH 1000, ) ) Third-Party Defendants. ) TO: DEFENDANTS PLEASE TAKE NOTICE that on June 2, 2008, at 10:30 a.m., or as soon thereafter as counsel may be heard, in the Courtroom of the Honorable Irma E. Gonzalez, the United States, Case No. 07-cv-2187
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Case No. 07-cv-2187-IEG-NLS NOTICE OF MOTION AND MOTION FOR DEFAULT JUDGMENT AS A SANCTION AGAINST ROOSEVELT KYLE

Oral Argument Not Required DATE: June 2, 2008 TIME: 10:30 a.m. COURTROOM: 1 Hon. Irma E. Gonzalez

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through its attorney of record, John Monroe, Trial Attorney, United States Department of Justice, Tax Division, will, and now does move under Federal Rules of Civil Procedure 16(f) and 37(b)(2)(A)(vi) for default judgment as a sanction against Roosevelt Kyle ("Kyle"). Kyle has repeatedly failed to comply with the court's scheduling and pre-trial orders. Despite proper notice, Kyle failed to appear at a court-ordered Early Neutral Evaluation Conference on February 11, 2008 (Doc. No. 24), he failed to appear at an Order to Show Cause Hearing on February 28, 2008 (Doc. No. 28), and he failed appear for a Second Order to Show Cause Hearing on April 4, 2008 (Doc. No. 34). In light of Kyle's repeated failure to comply with any of the court's scheduling and pre-trial orders, the Court should grant the United States' motion for default judgment. As provided for in LCvR 7.1(f)(1), the grounds for this motion are more fully set forth in the attached memorandum of points and authorities. Respectfully submitted this 25th day of April, 2008.

Respectfully submitted, KAREN P. HEWITT United States Attorney /s/ John Monroe JOHN R. MONROE IA Bar No. 0008881 Trial Attorney, Tax Division U.S. Department of Justice P.O. Box 7238 Washington, D.C. 20044 Telephone: 202-307-0638 Fax: 202-514-6770 E-mail: [email protected] Attorneys for Plaintiff

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Certificate of Service I hereby certify that on April 25, 2008, service of the foregoing Notice of and Motion for Default Judgment as a Sanction Against Roosevelt Kyle, was made by way of the Court's ECF filing system on the following: Stephen Feldman Attorney for Defendant Rebecca Tyree I hereby certify that on April 25, 2008, I served the foregoing Notice of and Motion for Default Judgment as a Sanction Against Roosevelt Kyle, by first class mail postage prepaid to each entity or person named below at the address stated below for each entity or person:

Eagle Financial Services, LLC c/o Roosevelt Kyle, Registered Agent P.O. Box 1503 National City, CA 91951 COA Financial Group, LLC c/o Roosevelt Kyle, Registered Agent P.O. Box 1503 National City, CA 91951 /s/ John Monroe U.S. Department of Justice - Tax Division Trial Attorney, Tax Division U.S. Department of Justice Post Office Box 7238 Ben Franklin Station Washington, D.C. 20044 Telephone: (202) 307-0638 Facsimile: (202) 514-6770 E-mail: [email protected]

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