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

Lance C. Venable , SBN 017074

Joseph R. Meaney SBN 017371 Carey Brandt Anthony SBN 022366 Ellis & Venable , P. 101 North First Ave. , Suite 1875 Phoenix , Arizona 85003 Tel: 602- 631- 9100 Fax: 602- 631- 9796

Attorney for Plaintiff

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA

Oretech , Inc. f/k/a the Tantivity Group, a Nevada Corporation
Plaintiff
vs.

Case No. :

CIV 04- 00145 PHX MHM

MOTION FOR DEFAULT JUDGMENT AGAINST DEFENDANT PACIFIC ROCKY MOUNTAIN, INC.

Pacific Rocky Mountain , Inc., a Florida Corporation; James E. Logan , an Individual; Wiliam Yarno, an Individual
Defendants.

The Honorable Mary M. Murguia

Pursuant to Fed. R. Civ. P. 55(b), plaintiff Oretech , Inc. (hereinafter
Oretech" ), a Nevada Corporation, hereby requests this Court to enter judgment

against defendant Pacific Rocky Mountain, Inc. (hereinafter PRM" ). Entr of

judgment is appropriate in this action for the following reasons:
PRM did not file an answer to the complaint by the February 11 2005 deadline
set forth in the Court' s Orders dated December 22 2004 and January 27 2005.

Case 2:04-cv-00145-MHM

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Plaintiff properly served PRM on February 10 , 2004 as indicated in the

Affidavit of Service filed with the Court in Docket Entr
2004.

#003 on

February 20

Because PRM has had numerous opportnities

to appear with counsel and

respond as ordered by the Court , and has failed to do so for nearly 19 months
after the Complaint was first filed , and nearly nine (9) months after this Court

first issued an order requiring PRM to file an answer , PRM is in complete
default of its obligations.
Therefore , Oretech asks for entr of Judgment against PRM including:

Awarding Oretech its actual damages for PRM having breached an Asset
Purchase Agreement between Oretech and PRM;

Awarding Oretech its actual damages for PRM having committed fraud against Oretech by intentionally misrepresenting that it owned rights to

the mining claims of the J&J and Kelly mines located in California;
Awarding Oretech its actual damages for PRM having committed federal

securities fraud for fraud in the sale of securities pursuant to 15 D.
977q(a), 15 D.
C. 978j(b), and 17 C.

R. 9240.

lOb-

Awarding Oretech its actual damages for PRM having committed

securities fraud for fraud in the sale of securities pursuant to A. R.S.
1991.

944-

Awarding Oretech its actual damages for PRM having negligently

misrepresented that it owned certain assets , specifically the rights it
purported to own as to the J&J and Kelly mines.
Ordering a full accounting of PRM' s financial records from September

, 2002 until April 30 , 2003;and

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Awarding such other relief as is just and proper.

Dated this 9 day of September , 2005.
Ellis & Venable , P.

By

sf Lance C Venable
Lance C. Venable , SBN 017074

Joseph R. Meaney SBN 017371 Carey Brandt Anthony SBN 022366 101 North Central Ave.
Suite 1875

Phoenix , Arizona 85003 Tel: 602- 631- 9100 Fax: 602- 631- 9796 Attorneys for Plaintiff

Case 2:04-cv-00145-MHM

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CERTIFICA TE OF SERVICE

I hereby certify that on DATE , I electronically transmitted the attached document to the Clerk' s Office using the CM/ECF System for filing and transmittal of aN otice of Electronic Filing to the following CM/ECF registrants:
Name

Email Address

I hereby certify that on September 9 , 2005 , I served the attached document b FIRST CLASS MAIL and EMAIL on the following who are not registered participants of the CM/ECF System:
Name

Physical or Email Address

William Yarno (Defendant)

arno(fbellsouth. net

James E. Logan (Defendant)

Demi594(fbellsouth. net

Pacific Rocky Mountain (Defendant)

c/o James E. Logan 7900 NW 74 terrace Tamarac , FL 33321 Tel: 954- 316- 1326 Fax: 954- 316- 1348
Defendant Pro Se

Demi594(fbellsouth. net

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