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

IN THE UNITED STATES DISTRICT COURT _;—_;Q§;VED ———LODGED
FOR THE D151RICT OF ARIAONA .___CDPY
' DEC 1 9 2005
Rodneylzxiieh Kelley } cv 04-103-Pnx Sl?.-,EEF4[§SL]SD|STR}CT
Plaintiff, BY [JLSTFHCTOFAHIZSSAJHT
VS. ) PLAINTIFF°S MOTIi* -6¤~~~———;.a*QEPUTY
) DEFAULT JUDGEMENT
GLENN F. KELLEY )
Defendant. 3 `
Comes New the Plaintiff herein and presents this motion for default
I judgment against defendant Kelley. Defendant Kelley has failegtjgiixggaxiiwu.,l,,_Wi,m
or otherwise respond to the allegations against him as asserted by the
Plaintiff herein. Furthermore, this Honorable Court ordered the said
defendant to respond by December 2, 2005 of which he has failed to do.
In further support of the Plaintiff's motion for default judgment,
Plaintiff will state the following:
l. The Plaintiff in this matter is Rodney Allen Kelley and the defendant
in this matter is Glenn F. Kelley.
2. On January l5, 2004 Plaintiff initiated suit against the said defendant
with this Honorable Court on the basis that the `said defendant breached
the fiduciary duty that he owed to the Plaintiff as well as conspired to
breach the same fiduciary duty with others in order to effectuate the illegal
and unlawful misappropriation of property that rightfully belonged to the
Plaintiff. · - ppp `
3. On September 30, 2005, Glenn F. Kelley was served with summons and
complaint in this matter, and ultimately motioned this court for an
· extension of time in which to file his answer. This court granted said
motion giving defendant Kelley unfil Decenber 2, 2005 to answer.
Defendant Kelley has failed to answer , defend ot ortherwise respond by
said date given by this Honorable Court.
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4. In light of the above Plaintiff requests that this court render a
judgement by default in favor of the Plaintiff.
5. Plaintiff moves this Honorable Court for a default judgment pursuant
to Rule 5b(b)(l) of the Federal Rules of Civil Procedure.
K`
6. Plaintiff states that no affidavit concerning the defendant military
service status is needed in light of the fact that said defendant has
recently CGmmUhfC§fé6wwwitH this court concerning the litigatidH“EfWfhism””’b%@”wmwmMi
matter. Defendant is not a member of the United States Military.

7. Plaintiff is entitled to relief against the defendant . Said defendant
engaged in the illegal and unlawful act of breaching the fiduciary duty
l that the defendant owed to the Plaintiff concerning assets that were inheriteJ
l by the Plaintiff that came form an estate in whcih the defendant was
the acting representative and/or executor of the estate. Said
defendant intentionally and knowingly deprived the Plaintiff assets that were
1 legally due to the Plaintiff in regards to the Plaintiff’s portion of the
1 estate.
8. Plaintiff seeks unliquidated damages in the amount of one—hundred
thousand dollars ($100,000). Plaintiff seeks an evidentiary hearing to ”;-.
rpresent eveidence in support of his request for damages. uga
9. Plaintiff also seeks costs of court.
P R A Y E R
WHEREFORE, PREMISES CONSIDERED, Plaintiff hereby prays that this -
Honorable Court grant this motion for default judgment in all things
and entered judgment fort the amount of one—hundred thousand dollars.
costs of court and such other and further relief that the court deemsy
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1'1t:?C€SSB.I`Y Elfld jL1S*E..
Respectfully submitted,
?§ODIé1:.Y`
899 FM 63r 889477
KENEDY: TEJE " "` 78].].9
i . ,_____," ___ , ,- . »-·-~·——~—··-····“»···="*‘
CERTIFICATE OF SERVICE
I hereby certify that a true and corréect copy of the above and foregoing
instrument has been forwarded to the defendants in this matter as well as
· the clerk of this court on the 9th day of December, 2005, by first class
mail; postage prepaid.
X LLEN
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