In the United States District Court for

For the Western District of Missouri

Southern Division

 

Marc Perkel,

Plaintiff,

 

Vs

 

James R. Sharp,

William A. Wear Jr.

The law firm of Wear and Sharp LLC.

Vicki L. Stringfellow,

Donald R. Duncan,

The law firm of Turner, Reid, Duncan, Loomer, and Patton, P.C.,

The Honorable William L. Syler,

The Bar Plan Mutual Insurance Co.,

 

Defendants,

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Case No: 98-3040-CV-S-3

 

Motion for Default Judgement

COMES NOW Plaintiff Marc Perkel, to ask that this court enter default judgement in favor of the Plaintiff. In support of his motion, Plaintiff states as follows:

  1. Defendant Stringfellow is improperly represented by defendants Wear and Sharp.
  2. Defendants William Wear, James Sharp, and the Law Firm of Wear and Sharp are improperly represented by Defendant Duncan.
  3. Defendant The Bar Plan is improperly represented by defendant Duncan.
  4. Defendant Syler is improperly represented by the Attorney General.
  5. Defendant Syler lacks standing to move to dismiss except for the injunctive and declaratory relief sought against him personally.
  6. Although Defendant Duncan can appear pro se, he can not appear pro se while jointly representing his codefendants. Thus defendant Duncan is improperly represented.
  7. All the defendants have appeared with improper counsel.
  8. All the defendants are either lawyers or experienced litigants and they all know better than to try to pull a fast one on this court. They all know that the representation is improper and therefore there is no excusable mistake.
  9. This court does not have subject matter jurisdiction to hear the motions of litigants who are improperly represented.
  10. Because of the improper representation, all motions of the defendants should be stricken.
  11. Because the defendants have failed to respond to the pleading within the time allotted by law, Plaintiff is entitled to default judgement against the defendants.

 

WHEREFORE, Plaintiff prays for the court for an order for default judgement in his favor for $25,000,000.00 and that the order will be made jointly and severally.

 

________________________________

Marc Perkel - Plaintiff - 04-07-98

 

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