Waiver of Service of Summons
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WAIVER OF SERVICE OF SUMMONS TO: JOHN ti. KfJNNfiy, IN PRO PER (NAME OF PLAINTIFF'S ATTORNEY OR UNREPRESENTED PLAINTIFF) I, acknowledge receipt of your request that I waive service of a summons in the action of JOHN B. KENNEY v . Ci+V ., , .et.al / , which is case number in the United States District Court for the ^>OU~[ ff £/? FJ District of CALIFORNIA, fu . V . I have also received a copy of the complaint in the action, two copies of this instrument, and a means by which I can return the signed waiver to you without cost to me. I agree to save the cost of service of a summons and an additional copy of the complaint in this lawsuit by not requiring that I (or the entity on whose behalf I an acting) be served with judicial process in the manner provided by Rule 4. I (or the entity on whose behalf I an acting) will retain all defenses or objections to the lawsuit or to the jurisdiction or venue of the court except for objections based on a defect in the summons or in the service of the summons. I understand that a judgment may be entered against me (or the party on whose behalf I am acting) if an answer or motion under Rule 12 is not served upon you within 60 days after , or within 90 days after that date if the request was sent outside the (DATE REQUEST W/"fS SENT) United States. (DATE) (SIGNATURE) Primed/Typed Name: of (TITLE) (CORPORATE DEFENDANT) Duly lo Avuid Unnecessary Coils of Service of Summom Rule 4 ill die Fofcr.il Rules of Civil Procedure i {quires ceium parties to cooperate in saving unnecessary coils at' service of the summons and uinpljirt! A itei'emUiil located in ihe United Stales who. aher being noiifieil ot .111 action Jiid Jsfced by a plaintiff located in the United Stales to waive sen ice nl a unniiiom. link to (to so will be required tu hear Ihe co>f of Mich service unless good ca'jse be shown for us failure to sign jiul return the waiver. It K nnl gnnd cause lor j failure 10 urjive service that a pjny believes Hut Ilie complaint it unfoundcil or that Ilie action has been brought in .111 nnpiTioer pl.-ice or in a conn tliat Ijcks |un«liclioii over the subject nutter ol'llw action or over >u person or property A pany M-ho waives service of the summons retains all defenses ami obicetioro letccpi any rel,nn>u to UK simuntini or in lite stn-icr nl Ihe iimunons). and may later obfect to the lunsiliction of the court or to Ilie place wltere the actiuii lud been brought A ilelencbm who waives service must within the Unie specified on the waiver lunn serve on the pljinlilfs attorney lor unrepresented plaintiff) j response to the coinpUint and inust also file a signed copy of lite response with the court If (lie an>uer or motion is not >cAed within this time, a default judgment iruy be taken against Ihji defendant By wjivinf >cp.'ice. a Jelcndjiu is allowed more tune to aiuwcr tlun if the iuimnoiu had been actiully ier\-ed when tit* rcque.u lor waiver of service was received. :ODMA-.PCDOCS1.Wt)RDPERFECr.N59SM May 5. I9«W(I I AO 441 Summons in a Civil Acliun United States District Court SOUTHERN DISTRICT OF CALIFORNIA JOHN B. KENNEY Civil Action No. 13cv248-WQH-DHB Plaintiff (SEE ATTACHMENT) SUMMONS IN A CIVIL ACTION FIRST AMENDED COMPLAINT To: (Defendant's name and address) A lawsuit lias been filed against you. Within 21 days after sen ice of this summons on you (not counting the say you received it) - or 60 days if you are the United States or a United States agency, or an office or employee of the United States described in Fed. R. Civ. P. 12(a)(2) or (3) - You must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney, whose name and address arc: John B. Kenney P.O. Box 7344 San Diego. CA 92167 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. Date: 10/22/13 W. Samuel Hamrick, Jr. CLERK OF COURT S/M. Cruz Signature of Clerk or Deputy Clerk Little was I to know that 3 months later all these people -even the ones I'd helped and partnered with- were all to denounce me as Raffi did. In almost exactly the same way. Just 3 months delayed. The next day, Oct. 14, 2011, the City of SD, Mayor & SDPD & Co-Conspirators would come into Civic Center and blow the Occupiers out using mace, flesh rippers, and assault and battery. Raffi's attempt to psy-op neuter us had failed, but he had seriously slandered Plaintiff. For Chronologically: See Immediately ante; A. 1.) City of SD, Mayor & SDPD & Co-Conspirators' Incident of 10/14/2011: Maced, A&B etc.; Above. 9 B. 2.)(a) During & Post-Incident of 10/14/2011: I will leave this part to my wife (Who is Japanese and not a perfectly fluent English 10 11 speaker, so I've made minor grammatical changes to keep her style intact, but help the intent become more clear, as best I thought possible.) to explain: 12 13 "I have never met Julie Majcher in my life before Occupy SD. I was taking some video \vhen SDPD tried to evacuate Occupy SD on October 13th, 2011. At the 14 time, Julie was interrupting me from taking the video. First, she stood in front of 15 me even I tried to move from her again and again. I didn 't notice that she tried to interrupt me for a while. And she pushed me strongly with her big body. And she 16 started to tell me that 'you are an undercover cop?' I just ignored her first. But She 17 just kept saying to me that 'you are undercover', or like that. Then she talked to Josh, (Joshua Funn, supposedly of the ISO, (International 18 Socialist Organization)) and he came over. He stood right in front of me to take 19 a video of me and he asked me, 'Are you a cop?' several times. I called to John to help me because 1 was scared about Julie's -and now Josh's too- way. John told Josh and Julie, 'She is my girlfriend'. Then Josh seemed confused. He 21 asked me that 'Are you a cop?1 again. John talked to him. Finally he stopped. 22 Next day, October 14th, 2011, I was sitting at Freedom Plaza (SD Civic Center) and John's backpack was also sitting next me. Julie walked by me and 23 kicked John's backpack. 24 After that, I heard from John that Julie had used abusive language to him many times." 25 To say the least. 2 6 Both Josh and Julie were involved in this and several more incidents of 27 stalking, conspiracy with City/County/Federal agents, and defamation. Julie is a retired 28 California State employee, ex-SDSU grad and sometimes guest on KPBS in the past. - Facie 16 of 54 - FAC - FIRST AMENDED COMPLAINT VIOLATION Oh"CIVIL RIGHTS 1 Thus from the very beginning there was the conspiracy amongst various City and state 2 employees to discredit and defame Plaintiff Kenney. It began with Raffi & Julie trying 3 to slander Kenney as "hard-headed" or as an "under-cover cop", it proceeded through 4 to the poster online (post) declaring Kenney an "infiltrator", and now it is still being 5 rousted about by slandering City Attorneys insinuating Plaintiff is "crazy". 6 These defamations continuing to this very day, are the acts and attitude of this City 7 & Co-Conspirators, which constitute the same series of incidents, class of actions, the "same general set of facts ", the same "chain of events" - the same injurious, 9 unconstitutional and untoward attitude of this City, Throughout the day Raffi was either not to be found or was in the background, watching or speaking with the police or other City & Co-Conspirators' "negotiators" 12 who also were trying to verbal intimidate, persuade, cajole or otherwise "talk" the 13 peaceful civil rights & civil disobedience protesters out. 14 Joshua Funn, Julie Majcher and Raffi named herein are sued for defamation, and 15 civil rights violations, or whatever other cause of action is described herein, among 16 other things to be detailed as discovered. 17 ° B. 2.)(b) Post-Incident of 10/14/2011: Post incident there was a period of relative peace for Plaintiff. Winston Tecolate, in 20 collaboration with Damian Tyron, Will Johnson, Pat Barnes and Shahrokh tried to 21 have Plaintiff slandered as a thief for collecting close to $ 1,000 in donations. Prior to 22 that Shahrokh had taken the collections daily and they all then disappeared with no 23 receipts or any explanation. Plaintiff wanted better controls put on the collection and disbursements. When 25 Winston, who claimed to be an ex-con but was always urging others on to violence, 26 like Joshua Funn, began to slander Plaintiff, threatening to bring him up for censure at 27 General Assembly (GA), Plaintiff got about 70% of his controls put into place, then agreed to relinquish the money to Pat Barnes of ASD.