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					Christopher M. Craig 428 Bright Moon Avenue North Las Vegas, Nevada 89084 Phone: 702-498-2144 Pro Se UNITED STATES DISTRICT COURT DISTRICT OF NEVADA CHRISTOPHER M. CRAIG, Plaintiff, v. JUSTIN S. FLANERY, et al., Defendants, CASE NO. 2:08-CV-00146-RJJ-JCM APPLICATION FOR DEFAULT JUDGMENT AGAINST JUSTIN S.FLANERY, JAY REIGL, SAC CITY AUTO, LLC AND ROSEVILLE GOLD, INC

TO:

The Clerk of the United States District Court for the District of Nevada: Plaintiff Christopher M. Craig, an individual hereby request a default judgment in

this matter be entered against defendants Justin S. Flanery, Jay Reigl, Sac City Auto, LLC and Roseville Gold, Inc. under Fed. R. Civ. P. 55(b)(1). 1. Entry of Clerk’s Default: On September ___, 2009, the clerk entered default against Justin S. Flanery, Jay Reigl, Sac City Auto, LLC and Roseville Gold, Inc. on plaintiff’s complaint. 2. Proof Required for Default Judgment: The affidavit of Christopher M. Craig filed herewith establishes that: (a) $200,000 is due to Christopher M. Craig for the defendant(s) tacit admission by failing to respond or defend against the actual and factual claims against them and (b) the defendants did

in fact, knowingly and intentionally defraud the plaintiff and unjustly enrich themselves with money and property of the plaintiff’s for their own use and benefit and (c) the plaintiff suffered damage and injury and (d) the defendant(s) are not minors, incompetent persons, or persons in military service. Obtaining a default judgment in federal court is a two-step process governed by Federal Rules of Civil Procedure 55. Eitel v. McCool, 782 F.2d 1470, 1471 (CA9 1986). First, Rule 55(a) provides, “When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party’s default.” Second, a party must seek entry of default judgment under Rule 55(b). While entry of default by the clerk is a prerequisite to an entry of default judgment, “a plaintiff who obtains an entry of default is not entitled to default judgment as a matter of right.” See Warner Bros. Entm’t Inc. v. Caridi, 346 F. Supp.2d 1068, 1071 (CD Cal. 2004). Instead, whether a court will grant a default judgment is in the court’s discretion. Id. (citations omitted). Factors which the court may consider when exercising discretion as to entry of default judgment include: (1) the possibility of prejudice to the plaintiff; (2) the merits of the plaintiff’s substantive claim; (3) the sufficiency of the complaint; (4) the sum of money at stake in the action; (5) the possibility of a dispute concerning material facts; (6) whether the default was due to excusable neglect; and (7) the strong policy underlying the Federal Rules of Civil Procedure favoring decisions on the merits. Eitel, 782 F.2d at 1471-72. Here, plaintiff, Christopher M. Craig makes out factual allegations that the events giving rise to the dispute took place in July 2006 and continued into 2008. Since three

years have passed since the allegations of the complaint have passed and one year and seven months have passed since the filing of the complaint the parties still have not obtained their desired relief, the parties are likely to be prejudiced by a delay in judgment, especially since it is not clear that the defendant(s) Justin Flanery, Jay Reigl, Sac City Auto, LLC and Roseville Gold, Inc will ever respond. Additionally, the court has jurisdiction and the merits of Plaintiff, Christopher M. Craig claims, if taken as true, would be sufficient to support that neither of the defendant(s) would have any affirmative defenses to dispute the facts. Furthermore, since the defendant(s) have not responded to the complaint in any manner, there has been no showing that the default was due to excusable neglect. Thus, based on the foregoing factors, plaintiff would be prejudiced if default was not entered, and an entry of default judgment is appropriate. 3. Judgment to Be Entered: A judgment of $200,000 shall be entered against the defendant(s) Justin S. Flanery, Jay Reigl, Sac City Auto, LLC and Roseville Gold, Inc. both, jointly and severally, and the parties shall be responsible for their own costs not inclusive to the judgment. The judgment against defendants and in favor of plaintiff shall be excepted from any future bankruptcy action filed in any Court of the United States.

I declare under penalty of perjury that the foregoing is true and correct. Dated this ____ of _______________, 2009 Respectfully submitted,

Christopher M. Craig

AFFIDAVIT OF CHRISTOPHER M. CRAIG IN SUPPORT OF CLERK-ENTRY DEFAULT JUDGMENT

1.

I am the plaintiff in this action. I certify, depose, and state the following to

support the Application for /default Judgment by Clerk against Justin S. Flanery, Jay Reigl, Sac City Auto, LLC and Roseville Gold, Inc. 2. Defendant(s) Justin S. Flanery, Jay Reigl, Sac City Auto, LLC and

Roseville Gold, Inc. have not appeared in this action and have not responded to the complaint within the time prescribed by the Federal Rules of Civil Procedure. 3. Defendant(s) are not minors, incompetent persons, or persons in military

service. They are individuals known to me to be of sound mind and capable of managing their own affairs, a California Corporation, and a California Limited Liability Company. 4. Defendant(s) Sac City Auto, LLC and Roseville Gold, Inc. are used as

alter egos and dba’s of Justin S. Flanery and Jay Reigl to engage in fraudulent activities. 5. On September 1, 2009 the clerk entered the default of named

defendant(s) herein on plaintiff’s complaint. 6. This action involves claim(s) for fraud and conversion causing financial

loss, conversion of plaintiff’s property for the defendant(s) own use and benefit and damages to the plaintiff that are substantial and irreparable. A judgment in favor of plaintiff for $200,000 is sufficient enough to cover the plaintiff’s losses.

7.

$200,000 is now due and owing to plaintiff for restitution and damages and

in any future bankruptcy action filed in a United States Court by the defendant(s) shall be excepted from bankruptcy. The defendant(s) shall be jointly and severally responsible for injuring the plaintiff.

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct to the best of my knowledge, information and belief.

Execute on: September 1, 2009

By: Christopher M. Craig

CERTIFICATE OF SERVICE
I certify and declare under penalty of perjury that the foregoing: APPLICATION FOR DEFAULT JUDGMENT AGAINST JUSTIN S FLANERY, JAY REIGL, SAC CITY AUTO, LLC AND ROSEVILLE GOLD, INC was placed into a United States Mailbox with first class postage prepaid and affixed to a properly addressed envelope on September ___, 2009 and mailed to the addressee(s) shown below:

TO: Justin Flanery, Jay Reigl, Sac City Auto, LLC & Roseville Gold, Inc.

PO BOX 2212 Carmichael, CA 95609

4705 Judy Court Sacramento, CA 95841

Dated this September ____, 2009

By: Christopher M. Craig


				
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