Today (11.4.09) was pretty hectic to say the least. This morning the docket indicated that the case
had been dismissed and closed and took many of us by surprise as we were waiting for
Rod and Carl to attend the hearing on Friday. But, there weren't any docket notes this
morning to let us know what it meant. There was no mention of whether Rod's Motion had
been acted on. So, it was all a little confusing.
I spoke with Rod and he said that both he and Carl were still headed to DC for the hearing
perhaps to get the the decision directly from the judge and see what needed to be done
THEN, this afternoon the docket notes finally showed on the Court website
https://www.dccourts.gov/pa ...here's what showed up...it looks bad, but it's NOT !
2009 CA 005391 B DALE, RODNEY Vs. UNITED STATES
File Date: 07/29/2009 Case Status: Closed Case Status Date: 07/29/2009
Case Disposition: Dismissed by Court Case Disposition Date: 11/04/2009
Party Name Party Alias(es) Party Type Attorney(s)
DALE, RODNEY PLAINTIFF PRO SE
UNITED STATES CORPORATION Defendant
11/04/2009 Dismissed by Court
11/04/2009 Event Resulted: The following event: Initial Scheduling Conference
-60 scheduled for 11/06/2009 at 9:30 am has been resulted as follows: Result:
Event Not Held Case Dismissed Judge: HOLEMAN, BRIAN F Location: Courtroom
11/04/2009 Order Denying Plaintiff's Motion to Have the Clerk of the Court to
Enter a Default Against the United States Entered on the Docket, signed by
Judge Holeman on 11/04/09. Copies e-served and mailed on 11/04/09-slo.
It is most likely, in the above referenced order, that the reason given will be that the Defendants
never responded to the action and the Motion wasn't really needed or something like that !
The entry below concerned Rod's most recent Motion we were waiting for a decision on...
10/02/2009 Motion to have The Clerk of Court to Enter a Default against the
United States dba Corproation with Order to Enter Default Filed Attorney: PRO
SE (999999) RODNEY DALE (PLAINTIFF); Receipt: 147370 Date: 10/08/2009
Here's what we think happened...
I talked with Dave Buess (the IRS case) and he explained what Rod and he thinks happened...
Yes, the case is OVER...Rod won by Default...and, Yes, the current Motion was denied because
it didn't matter at this point even though the Court originally asked Rod to "please" refile his Petition for Default as a Motion...because in the meantime the Defendants continued to non-respond and the Court procedures call for AUTOMATIC DEFAULT if the Defendants don't respond to the action !
The Defendants had 20 days from 7.29.09 to respond and didn't ! They couldn't OR it would have indicated that, Yes, maybe the government is actually a Corporation !
Apparently today's docket entries DON'T tell the true tale to us unfamiliar with the procedures...
Rod has apparently WON by the Corp defaulting and not responding in the original 20 day time
limit called for. Yes, the Friday hearing is canceled because Rod needs to JUST pick up his paperwork from the Clerk, as the case is over, and bring it to the Judgment Office ! ... And, then
file his Writs of Execution ( "fieri facias" http://www.lectlaw.com/def/f112.htm ) for payment,
attachment, etc. The Judge was merely clearing his calendar with today's docket entries...
But, as you can see from today's docket entries it looks like Rod and Carl lost...HOWEVER,
to those not familiar with how procedures work, it looks like the People lost again ! WRONG !
Maybe they do this intentionally...ya think ?
The Judge did the only thing that he/the Court COULD DO according to their procedures...that is,
issue a Default Judgment Concerning the Defendants for NOT RESPONDING, and then close the case. Rod and Carl will then take the Default Judgment paperwork to the Judgment Office in the
same Court mentioned above...
Now the job of collecting the damages begins !
I'm sure we'll hear more detail and corrections, if what I've written is wrong...maybe in a
couple of days after they get back from DC. There was a PDF and other details in today's earlier email...hope you didn't gun it ! We'll try to keep you in the loop !
Radio Free America with Rod Class and friends Sat nights 9pm EST
10/24/2009 09:00 PM EDT 1:50:19
EPISODE 64 - RADIO FREE AMERICA NEW CASE IN DC IRS TEST CASE
The above link may or may not work every time...
AIB Radio with Rod Class and friends Fri nights at 9pm EST
both at http://www.talkshoe.com/talkshoe/web/talkCast.jsp?masterId=48361&cmd=tc
Archives of calls at both links !
The cases so far:
#1 DALE, RODNEY Vs. UNITED STATES, Case # 2009 CA 005391 B
Initial Scheduling Conference-60 Date: 11/06/2009 Time: 9:30 am
Judge: HOLEMAN, BRIAN F Location: Courtroom A-49
We're still waiting for the judge's decision on Rod's Motion for Default...expected before
Nov. 3. WON ! ! !
#2 MANN, DONALD C Vs. UNITED STATES Case # 2009 CA 005865 B
Initial Scheduling Conference-60 Date: 11/20/2009 Time: 9:00 am
Judge: COMBS GREENE, NATALIA Location: Courtroom 217
Waiting for Rod to be allowed to correct paperwork and serve as Private Attorney General
in the case.
#3 Still, not for publication...perhaps soon ?
#4 BUESS, DAVID L Vs. UNITED STATES - Case # 2009 CA 007868 B ...
Docket entries now viewable ! Go to the link for the Court...and search by Buess, David