Jack
Denver,#2UPDATE Employee
Fri, February 15, 2008
This is why they post lies on faithfinders, inc. They lost the judgment and faithfinders can and will collect on this judgment. The amount is almost 1 million dollars! and it keeps going up every year ! Pay the judgement you crooks. 'IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Lynn, as personal representative for the estate of Stickel, Plaintiff, vs. Johnny L. Chambers; Natalie A. Chambers; Tatjana Guenther, Defendant. No. CV 99-2189-PHX-MHM ORDER Presently pending before the Court are two letters from Defendant Tatjana Guenther. The first letter the Court has construed as a Motion to Vacate the Judgment (Doc. 40). The second letter the Court has construed as a Motion to Remove the Case (Doc. 42), however this letter looks like a continuation of Defendant's request to vacate the judgment. Plaintiff has filed a Response. The Court considers the papers submitted and issues the following Order. BACKGROUND This lawsuit was filed on December 14, 1999. Defendant Tatjana Guenther was personally served with a summons and complaint on May 14, 2001. Judgment was entered against all Defendants, including Ms. Guenther on April 5, 2002. Defendant Guenther's now requests to vacate the judgment based on the following: (1) it is unfair that she has been subject to post-judgment collection efforts in Oklahoma, and - 2 - (2) Jeff and Sandy Chrisman, who are not parties to this action, are persons whose character Ms. Guenther questions. LEGAL STANDARD Rule 60(b) of the Federal Rules of Civil Procedure provides as follows: On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b); (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or (6) any other reason justifying relief from the operation of the judgment. The motion shall be made within a reasonable time, and for reasons (1), (2), and (3) not more than one year after the judgment, order, or proceeding was entered or taken. DISCUSSION Initially, the Court notes that Defendant Guenther did not serve the instant Motions on the Plaintiff. This is in direct violation of Rule 5 of the Federal Rules of Civil Procedure. Defendant is directed to serve on the Plaintiff any further documents that she files in this case. Defendant also is warned that failure to serve documents on the Plaintiff will not be looked upon kindly by this Court. Over five years have passed since entry of judgment in this case. Therefore, pursuant to Rule 60(b), any request to vacate the judgment for reasons (1), (2) or (3) of Rule 60(b) is untimely. Ms. Guenther has not suggested a basis under reason (5) that the judgment has been satisfied, released, or discharged. Thus, Defendant's Motion must be considered under reason (4) that the judgment is void or under reason (6) that other reasons justify relief from the operation of the judgment. A judgment is void only if the court that rendered the judgment lacked jurisdiction over either the subject matter or the parties, or acted in a manner inconsistent with due - 3 - process of law. In re Center Wholesale, Inc., 759 F.2d 1440, 1448 (9th Cir. 1985). Ms. Guenther has made no showing of any facts to suggest that the judgment here is void. To obtain relief under Rule 60(b)(6), a party must demonstrate extraordinary circumstances which prevent or render him unable to prosecute [the case]. Martella v. Marine Cooks & Stewards Union, 448 F.2d 729, 730 (9th Cir. 1971). The party must demonstrate both injury and circumstances beyond her control that prevented her from proceeding with the defense of the action in a proper fashion. United States v. Alpine Land & Reservoir Co., 984 F.2d 1047, 1049 (9th Cir. 1993). Ms. Guenther's primary issue with the judgment seems to be that the judgment from this Court was registered with the United States District Court in Oklahoma pursuant to 28 U.S.C. 1963. Ms. Guenther also takes issue with the alleged post judgment conduct by persons who are not parties to this lawsuit. Ms. Guenther states that the reason she did not file any sort of responsive pleading in this case was because she had just moved out Tulsa, Oklahoma and was going on a missionary trip out of the country and firmly believe that [she] was innocent. . .Def.'s March 26, 2007 Letter to the Court. These assertions are not grounds for vacating the Court's judgment under Rule 60(b)(6). Defendant has not demonstrated injury and circumstances beyond her control that prevented her from proceeding with the defense of this action. Accordingly, Defendant's Motion to Vacate the Judgment is denied. CONCLUSION For the foregoing reasons, IT IS ORDERED that Defendant's letter construed as a Motion to Vacate the Judgment (Doc. 40) is denied. IT IS FURTHER ORDERED that Defendant's letter construed as a Motion to Remove the Case (Doc. 42) is denied. DATED this 10th day of July, 2007. Case 2:99-cv-02189-MHM Document 44 Filed 07/11/2007 '
Jack
Denver,#3UPDATE Employee
Tue, February 12, 2008
Chris Catherine Buda letter of recomendation for faithfinders inc. Dear Ms. Wooten: We are highly recommending Ms. Sandra Chrisman as a reliable, competent and skillfull private investigator whose background is impeccable. We have associated ourselves with Ms. Chrisman because of The Trinity Foundation's recommendation regarding some personal investigative work for us. If it wasn't for Ms. Chrisman and her expertise in this field, we never would have accomplished all of what she had produced for us. The quality and professionalism that Ms. Chrissman exhibits in her work will always give you 100 percent satisfaction. Ms. Chrisman does put in that extra effort to accomplish what is set out by her to do; even though more time may be involved than initially planned. In our opinion you will be very fortunate to have Ms. Chrisman assist you in whatever you employ her to do. Sincerely, Catherine and Christine Buda
Jack
Denver,#4UPDATE Employee
Tue, February 12, 2008
Chris Catherine Buda letter of recomendation for faithfinders inc. Dear Ms. Wooten: We are highly recommending Ms. Sandra Chrisman as a reliable, competent and skillfull private investigator whose background is impeccable. We have associated ourselves with Ms. Chrisman because of The Trinity Foundation's recommendation regarding some personal investigative work for us. If it wasn't for Ms. Chrisman and her expertise in this field, we never would have accomplished all of what she had produced for us. The quality and professionalism that Ms. Chrissman exhibits in her work will always give you 100 percent satisfaction. Ms. Chrisman does put in that extra effort to accomplish what is set out by her to do; even though more time may be involved than initially planned. In our opinion you will be very fortunate to have Ms. Chrisman assist you in whatever you employ her to do. Sincerely, Catherine and Christine Buda
Jack
Denver,#5UPDATE Employee
Tue, February 12, 2008
Chris Catherine Buda letter of recomendation for faithfinders inc. Dear Ms. Wooten: We are highly recommending Ms. Sandra Chrisman as a reliable, competent and skillfull private investigator whose background is impeccable. We have associated ourselves with Ms. Chrisman because of The Trinity Foundation's recommendation regarding some personal investigative work for us. If it wasn't for Ms. Chrisman and her expertise in this field, we never would have accomplished all of what she had produced for us. The quality and professionalism that Ms. Chrissman exhibits in her work will always give you 100 percent satisfaction. Ms. Chrisman does put in that extra effort to accomplish what is set out by her to do; even though more time may be involved than initially planned. In our opinion you will be very fortunate to have Ms. Chrisman assist you in whatever you employ her to do. Sincerely, Catherine and Christine Buda
Jack
Denver,#6UPDATE Employee
Tue, February 12, 2008
Chris Catherine Buda letter of recomendation for faithfinders inc. Dear Ms. Wooten: We are highly recommending Ms. Sandra Chrisman as a reliable, competent and skillfull private investigator whose background is impeccable. We have associated ourselves with Ms. Chrisman because of The Trinity Foundation's recommendation regarding some personal investigative work for us. If it wasn't for Ms. Chrisman and her expertise in this field, we never would have accomplished all of what she had produced for us. The quality and professionalism that Ms. Chrissman exhibits in her work will always give you 100 percent satisfaction. Ms. Chrisman does put in that extra effort to accomplish what is set out by her to do; even though more time may be involved than initially planned. In our opinion you will be very fortunate to have Ms. Chrisman assist you in whatever you employ her to do. Sincerely, Catherine and Christine Buda
Jack
Denver,#7UPDATE Employee
Wed, August 01, 2007
Religious affinity fraud is on the rise and this Chambers judgment is a classic case. They have been trying to get out of the half million plus dollar judgment since it was exposed on television. The judgment clearly states that it is CIVIL FRAUD. Why didn't they just show up during the time they were suppose to and they could of plead their side. Now they are going around slamming these people that exposed them. The truth is obvious, their is a federal judgment. It looks like the lady (Guenther) who tried to get out of the judgment was denied in both Oklahoma and Arizona after the federal judge as much said her tactices were not fondly looked upon in his court. She tried to manipulate the court like she is used to in scamming people but it was denied.