Lawsuit by John B. Kenney vs OSD, etc.
Citizens Oversight (2014-01-17) John Kenney
This Page: http://www.copswiki.org/Common/M1408
More Info: Occupy San Diego
PLEASE NOTE! Many people have received a summons like this in the mail. If you have, take note:
- The first sheet is a "Waiver of Service of Summons" which, if signed and returned by you will allow Kenney to avoid paying for official service of the summons. DO NOT SIGN AND RETURN THIS TOP SHEET.
- Kenney then must resort to official service, which will cost an average of $45 per party named.
- If you do not get officially served, there is no obligation for you to respond in any way, so DON'T RESPOND UNLESS YOU ARE OFFICIALLY SERVED.
- Many claims are for slander, libel, or defamation of character. The statute of limitations for such claims is 12 months, and he must prove that you made statements that were false.
IF YOU WERE SERVED WITH THE COMPLAINT
THE FOLLOWING IS NOT LEGAL ADVICE BUT SUGGESTIONS FROM A NON-ATTORNEY FOR YOUR OWN CONSIDERATION. PLEASE TALK TO AN ATTORNEY TO GET LEGAL ADVICE!
You will need to submit an answer to the complaint, or they will assume you agree with it. For me, (Ray Lutz
) I was only mentioned one time in the document. If you are in the same list, and that is all he says, you can probably use my answer directly. Otherwise, you may need to add more to it. (Talk to your attorney)
The following file is an editable file that you can edit with MSWORD, LibreOffice, OpenOffice, or really any document processing editor.
Edit your name on the top and make whatever changes you need to. I don't know the details of each person, i.e. I am only mentioned once, but if you are mentioned more than that, then perhaps that sentence needs to be changed. You can view the "First Amended complaint from PACER" above to try to find any mention of your name in the document. Basically, if he does not clearly describe the exact details of the slander, conspiracy, etc. then all you may need to do is just make note of where he mentions you and the fact that no details are described.
Then, print two copies, and handcarry them to 330 W. Broadway, suite 420. This is the new federal building. Just sign it and hand it to the clerk. They will stamp the other copy for your records. Takes about 3 minutes at the counter.