Friday, December 31, 2010

Charles D. Sheffer Jr. to be Profiled in Exclusive Registry

12/31/10 Auto-Mobi.com

Charles D. Sheffer Jr., Owner of Shenandoah Civil Service LLC, has been recognized by Cambridge Who's Who for demonstrating dedication, leadership and excellence in business management.

Mr. Sheffer's successes include earning a bachelor's degree and starting a business in his 40s. With 16 years of professional experience and an expertise in law enforcement, he is the owner of Shenandoah Civil Service LLC. In this role, he is tasked with collecting papers from the court or law offices, typing affidavits, filing court papers, and hand-delivering paperwork to clients. He proccesses papers from all over the United States and enjoys maintaining a thriving business in today's economy. He currently employs two staff members to assist him with his business responsibilities.

A member of the National Association of Professional Process Servers and Equality Virginia, Mr. Sheffer graduated from Old Dominion University in 2007. Previously, he obtained an associate degree in law enforcement from Piedmont Virginia College. Outside of work, he volunteers for the Staunton Augusta Art Center. His future aspirations include continuing the growth of his business, gaining exposure, hiring additional employees and focusing on the business's administrative aspects.

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Charles D. Sheffer Jr. to be Profiled in Exclusive Registry

Substitute service of process ordered for defendant from Russian Federation

Lexology - 12/31/10

Judges: Rader (author), Newman, Prost

[Appealed from N.D. Cal., Judge White]

In Nuance Communications, Inc. v. Abbyy Software House, No. 10-1100 (Fed. Cir. Nov. 12, 2010), the Federal Circuit reversed the district court’s dismissal of Abbyy Production LLC (“Abbyy Production”) for lack of personal jurisdiction. To allow for additional discovery, the Court also vacated the district court’s dismissal of Abbyy Software, Ltd. (“Abbyy Software”). The Court also reversed the dismissal of the case for improper service of process.

Nuance Communications, Inc. (“Nuance”) originally sued Abbyy USA Software House (“Abbyy USA”) and Lexmark International, Inc. for infringement of its method and system patents directed to optical character recognition, and document recognition and management. Based on responses to interrogatories, Nuance filed an Amended Complaint, adding as defendants Abbyy Software, Abbyy USA’s parent, and Abbyy Production, a wholly owned subsidiary of Abbyy Software and the provider of Abbyy USA’s software products and support. Abbyy Software and Abbyy Production are corporations organized under the laws of Cyprus and Russia, respectively. A local process server served Abbyy Production in Moscow with the Amended Complaint, Amended Summons, and Standing Orders of the Court. The Abbyy defendants then filed a motion to dismiss Abbyy Production and Abbyy Software for lack of personal jurisdiction, and to dismiss Abbyy Production for improper service of process. The district court concluded that the record did not show that Abbyy Production or Abbyy Software purposefully directed any specific activity at residents of California or within the forum state, or that Nuance’s claims arise out of those activities. The district court further concluded that Nuance did not properly serve Abbyy Production in accordance with the Hague Convention. The district court also dismissed the suit against Abbyy Software sua sponte for improper service of process. In its decisions, the district court did not address Nuance’s request for jurisdictional discovery.

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Substitute service of process ordered for defendant from Russian Federation

Wednesday, December 29, 2010

Judge OK's class-action status for homeowner lawsuit against Florida law firm

By Christine Stapleton - Palm Beach Post Staff Writer

Wednesday, Dec. 29, 2010

As many as 2,000 homeowners suing the law firm of self-proclaimed foreclosure king David J. Stern over excessive attorney fees and costs won a major victory today when an appeals court blessed the group's class-action status.

"We are very excited," said Louis M. Silber, the West Palm Beach attorney who filed the case in January 2007 — the first class-action lawsuit filed against Stern and his Plantation-based law firm stemming from foreclosure fraud accusations.

In a four-page opinion, the 4th District Court of Appeal upheld the findings of Circuit Judge Thomas H. Barkdull,, who decided the complaints and circumstances of the homeowners were so similar that they would best be handled in a class-action lawsuit.

Members of the class are homeowners who received letters from Stern's firm between Jan. 18, 2003 and Feb. 19 2009 offering to reinstate their loans with Wells Fargo by paying reinstatement charges.

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Judge OK's class-action status for homeowner lawsuit against Florida law firm

Monday, December 27, 2010

Problems with foreclosure notices loom as next flaw in process

By Kimberly Miller - Palm Beach Post Staff Writer - Monday, Dec. 27, 2010

Improperly served foreclosure notices may be the mortgage industry's next roadblock to repossessing homes.

The Florida attorney general's office is investigating two of the state's largest companies that serve court summonses on homeowners, while at the same time judges are throwing out rulings based on faulty deliveries.

This month, appeals courts in Miami and Palm Beach County sided with homeowners in foreclosures where judges agreed their summonses were not appropriately served.

In the Miami case, the homeowner said she was recovering at her mother's home after surgery when the person serving her the summons swore he personally handed it to her at her residence.

But the server's own notes on the file showed he left the documents at the door after seeing curtains move and assuming someone was home. The homeowner later said she had no knowledge of the foreclosure until a final judgment was entered against her.

"Curtains may move because of the wind or curious cats, and not just because some prospective defendant is attempting to avoid service," the appeals decision noted.

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Problems with foreclosure notices loom as next flaw in process

Friday, December 17, 2010

Boulder woman accused of jury tampering sentenced to 13 years

Erica Meltzer Camera Staff Writer
Posted: 12/17/2010 11:24:41 AM MST

A Boulder woman who tried to bribe a juror in a weapons case, then attempted to flea to Canada, will serve 13 years in prison.

Darine Chely, 51, pleaded guilty in October to jury tampering, theft and violating a bond condition.

Chely was on trial in April on charges of reckless endangerment and possession of a weapon by a previous offender after police said she fired a bullet into her next-door neighbor's home in 2009. Chely said the gun went off accidentally.

On April 21, according to an arrest affidavit, a juror who was hearing that case found a note offering him $5,000 to acquit Chely.

"Eric, please don't find me guilty," the note said. "I will pay $5,000. I am very frightened. Please don't give this to anyone."

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Boulder woman accused of jury tampering sentenced to 13 years

Saturday, October 9, 2010

Darine Chely, Boulder woman accused of jury tampering, pleads guilty

By Vanessa Miller, Camera staff writer - 10/08/2010

A 51-year-old Boulder woman accused of trying to bribe a juror during her trial in April, then attempting to flee the country, pleaded guilty Friday to jury tampering, theft and violating a bond condition.

Darine Chely could face more than four years in prison when she's sentenced Dec. 17. The jury tampering and bond-violation charges are felonies, and the theft charge is a misdemeanor.

Chely is being held at the Boulder County Jail on a combined $625,000 bond for three separate cases, including another stemming from a February arrest in which she's accused of theft and witness-tampering.


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Darine Chely, Boulder woman accused of jury tampering, pleads guilty

Tuesday, August 10, 2010

New Developments in Process Server Investigation

I-Team: New Developments in Process Server Investigation
Posted: Aug 10, 2010

LAS VEGAS -- There are new developments and a new arrest in the ongoing investigation into a process serving company and the court system.

That company, On Scene Mediation, now has two employees under suspicion of falsifying court documents and putting upwards of 20,000 cases at risk. It could cost $150,000 in taxpayer money to sort through the cases involved.

The company owner and employee are accused of saying they served papers but didn't. Maurice Carroll, a former Metro police officer, was running the company out of his North Las Vegas home. He is facing 35 felonies and a court date next week.

Visalia Coleman, one of Carroll's employees, is facing eight charges. She was arrested after a traffic stop on Monday. Metro and the courts say the two and other workers at On Scene Mediation lied on court documents about serving papers.

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I-Team: New Developments in Process Server Investigation

Saturday, August 7, 2010

Hearing master may look into process server's case

By JEFF GERMAN
LAS VEGAS REVIEW-JOURNAL - August 6, 2010

Process server accused of not delivering court papers in debt collection lawsuits

A process serving scandal in Las Vegas Justice Court is so extensive it requires a special hearing master to determine if the rights of thousands of civil case defendants were harmed, court officials said Thursday.

"The number of cases that may be involved is overwhelming," Justice of the Peace Melissa Saragosa said. "The court is very concerned about default judgments that may have been wrongly entered based on fraudulent affidavits. We are still trying to get a handle on the situation to determine how far it extends and what the court may be able to do in response."


Court Executive Officer Steve Grierson said officials plan to ask the county for $60,000 to hire a hearing master, and may need more money if the damage assessment requires additional work.

At the center of the process serving scandal is Maurice Carroll, a 41-year-old former Las Vegas police officer, and his company, On Scene Mediations, which authorities believe has operated without a license since 2003.

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Hearing master may look into process server's case

Friday, July 30, 2010

Arrest Warrant Issued for Process Server

I-Team: Company May Have Lied About Serving Court Papers
Posted: Jul 30, 2010

LAS VEGAS -- An arrest warrant has been issued for a process server accused of falsifying paperwork in dozens of cases and potentially hundreds more, in what police called a scheme to defraud the courts.

Former Las Vegas Metro police officer Maurice Carroll is wanted by police for 35 counts of perjury, false filing of paperwork and obtaining money under false pretenses. Metro says he said he served people with legal papers, but didn't.

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Arrest Warrant Issued for Process Server

Friday, July 23, 2010

Jury bribing suspect Darine Chely denied lower bond

By Vanessa Miller, Camera Staff Writer Posted: 07/23/2010

A 51-year-old Boulder woman accused of trying to bribe a juror during her April trial and then attempting to flee the country was denied a lower bond this morning, despite her pleas that she has significant emotional and physical health issues that she needs to treat.

Darine Chely is being held at the Boulder County Jail on a combined $625,000 bond for three separate cases, including one in which she's accused of bribing a juror and another stemming from a February arrest in which she's suspected of theft and witness-tampering charges.

Her attorney, Scott McComas, told a Boulder County District Court judge that Chely has enough equity in her house to meet a lower bond, which she needs to deal with some “pretty serious” emotional health and physical issues.

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Jury bribing suspect Darine Chely denied lower bond

Friday, July 16, 2010

Melissa Etheridge Was Expecting a Call From the Kids, Got Served Instead

Thu., Jul. 15, 2010 6:03 PM PDT by Natalie Finn
www.eonline.com

A process server didn't come to Melissa Etheridge's window, but his arrival at the door of her hotel room wasn't particularly welcome, either.

"In a ploy to have me served, and mistakenly believing that by serving me I would have to dismiss my Petition, [Tammy Lynn Michaels] used our children as pawns," Etheridge states in a declaration released Thursday in which she describes how she was presented with her ex's petition for sole custody of their 3-year-old twins.

The Grammy and Oscar winner says Michaels told her the kids were going to meet Etheridge at her hotel. "Finally, I received a text message...stating, 'My plans changed, sorry,'" the singer recounts.

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Melissa Etheridge Was Expecting a Call From the Kids, Got Served Instead

Wednesday, July 7, 2010

Lindsay Lohan -- Nailed With Another Lawsuit

7/6/2010 10:00 AM PDT by TMZ Staff

Under the category ... "When it rains, it pours" ... Lindsay Lohan was just served with legal papers in a civil lawsuit while she was in the courtroom elevator.

Lindsay was in the elevator at the Bev Hills Courthouse, on her way to Judge Marsha Revel's courtroom at about 8:25 this AM, when a process server working for a company called Tough As Nails attempted to hand Lindsay legal docs.

The process server says Lindsay "freaked out," told people around her to get the guy out of the elevator and away from her. The process server says he attempted to hand Lindsay the papers but she would not take them so he dropped them on the elevator floor, by her feet.

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Lindsay Lohan -- Nailed With Another Lawsuit

Tuesday, June 22, 2010

Boulder woman suspected of bribing juror waives hearing for possible plea deal


By Vanessa Miller, Camera staff writer - 06/22/2010

A 51-year-old Boulder woman accused of trying to bribe a juror during her April trial and then attempting to flee the country waived her right for a preliminary hearing on the new charges this morning and set a date in July to enter a plea in Boulder County District Court.


Darine Chely's attorney Megan Ring told a judge that the District Attorney's Office has presented her client with a “detailed offer.”

“We want to keep that option on the table,” Ring said, “so we're waiving the preliminary hearing today.”

Ring mentioned concerns that some of the judges in Boulder County District Court have conflicts of interest involving Chely, who has faced numerous charges in Boulder County dating back more than a decade. Deputy district attorney Michael Foote said two district court judges — Gwyneth Whalen and Maria Berkenkotter — have recused themselves from Chely's case for unknown reasons.

Foote said judges don't have to state a reason for recusing themselves, but common reasons include having dealt with the defendant before.

Judge James Klein heard the case that ended with Chely's alleged suspected jury bribery, and Foote said he doesn't know if Klein will recuse himself too.

Read more: Boulder woman suspected of bribing juror waives hearing for possible plea deal - Boulder Daily Camera http://www.dailycamera.com/news/ci_15349127#ixzz0rbTTVVoL
DailyCamera.com

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Boulder woman suspected of bribing juror waives hearing for possible plea deal

Sunday, June 13, 2010

Are You Liable For Your Process Server Under The FDCPA?

FDCPA Defense Blog - Sunday, June 13, 2010

Consumers often assert FDCPA claims against collectors based upon alleged misstatements or misconduct by process servers while serving a state court summons and complaint. Thus, consumers may claim a process server was rude or abusive at the time of service, causing them to suffer emotional distress, or that a process server made false statements about the debt. These allegations are not sufficient to impose liability on the collector under the FDCPA.

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Liable For Your Process Server Under The FDCPA?

Saturday, May 29, 2010

Colorado has tried to serve Douglas Bruce 29 times

Seeking testimony on financial measures
By Tim Hoover The Denver Post - 05/29/2010

Court-filed notes detail process servers' repeated visits to Douglas Bruce's house. (Diego James Robles, The Denver Post)

COLORADO SPRINGS — The state has tried 29 times since May 4 to serve notice of a court order on anti-tax crusader Douglas Bruce to testify in a campaign-finance case.

But in an e-mail to The Denver Post on Friday, Bruce — the Republican one-session lawmaker best known as the father of the Taxpayer's Bill of Rights — said he'd been out of town since May 5 and had only gotten back Thursday morning.

Still, the state's next step may be to seek contempt of court proceedings against him.

A May 10 court order from Denver District Judge Brian Whitney compelled Bruce to testify in a campaign-finance case aimed at finding out who is behind three initiatives that would slash billions of dollars in state and local taxes and dramatically limit the state's ability to construct new buildings.

Process servers and El Paso County sheriff's deputies have visited Bruce's home early in the day and late in the evening, leaving notices and cards at the door, which were removed when they returned to try again. They've called Bruce but haven't heard back.

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Colorado has tried to serve Douglas Bruce 29 times

Friday, April 30, 2010

Boulder woman accused of bribing juror wanted to 'visit Canada for three weeks'

Judge revokes bond for Darine Chely
Vanessa Miller - Camera Staff Writer - 04/29/2010

A Boulder woman who was arrested early Wednesday by immigration officers in New York on a Boulder County warrant for skipping town on the last day of her trial and allegedly bribing a juror told authorities that she was going on a three-week vacation to Canada.

Darine Chely, 51, was arrested about 3 a.m. Wednesday when the Greyhound bus she was on was stopped by U.S. Customs and Border Protection officers, whose job it is to check the identity of every passenger, said Gregory Bennett, spokesman for the border protection office. Chely, who had one piece of luggage, told the officers she was planning to visit Canada for three weeks, but they refused her entry after checking her criminal history, Bennett said.

Officers drove her back to the U.S. border, where New York state police officers arrested her on the Boulder County warrant. She's being held at the Clinton County Detention Center in New York, where she is awaiting an extradition hearing, said Boulder County sheriff's Cmdr. Rick Brough.

If Chely doesn't fight her extradition, Boulder County officers have 10 days to pick her up. Otherwise, Boulder County has 90 days to get a governor's warrant for her return to Colorado.

Chely was tried last week on suspicion of firing a bullet from her home into her next-door neighbor's house in 2009. She faced charges of reckless endangerment and possession of a weapon by a previous offender. On April 21, according to an arrest affidavit, a juror who was hearing her case found a note offering him $5,000 to acquit Chely. The note was on paper that matched crumpled paper found by Chely's chair.

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Boulder woman accused of bribing juror wanted to 'visit Canada for three weeks'

Thursday, April 29, 2010

Did fugitive defendant try to bribe juror?

Gabriel Falcon - AC360° Writer - April 26, 2010

Colorado authorities are looking for a woman who allegedly tried to bribe a juror $5,000 to vote 'Not Guilty' at her criminal trial. The fugitive, Darine Chely, 51, is charged with bribery and jury tampering.

“It’s a pretty rare occurrence,” said Catherine Olguin, spokeswoman for the Boulder County District Attorney’s Office. “There are judges who have been here for a couple of decades and have no memory of this occurring in Boulder.”

According to the affidavit supporting the arrest warrant for Chely, the alleged bribery happened last week while the defendant was standing trial on charges of weapons possession and reckless endangerment.

Chely allegedly kept staring at one male juror and said “goodbye” to him on April 20, the affidavit said. The next day, the juror returned from a court recess and found a hand written note on his seat, according to the affidavit. The juror then notified the judge about the note. He was dismissed from the jury.

The affidavit alleged the note was approximately 4” x 6” in size, and appeared to be torn out of a notebook. Published reports said the message on the note read “Please don't find me guilty. I will pay $5,000. I am very frightened. Please don't give this to anyone.”

Read the rest of the story here:
Did fugitive defendant try to bribe juror?

Darine Chely Warrant for Arrest

Here's a PDF of Darine's Warrant for Arrest for bribery and juror tamerping:

Darine Chely Warrant for Arrest

Wednesday, April 28, 2010

Boulder woman accused of bribing juror arrested as she tries to enter Canada

Daily Camera - Erica Meltzer - 04/28/2010

A Boulder woman who did not show up to the last day of her trial after being accused of trying to bribe a juror was arrested by immigration officers in New York as she was trying to leave the country and enter Canada, the Boulder County Sheriff's Office said.

Darine Chely was on trial last week for allegedly firing a bullet from her home into her next-door neighbor's house in 2009. She faced charges of reckless endangerment and possession of a weapon by a previous offender.

Last Wednesday, according to an arrest affadavit, a juror found a note offering him $5,000 to acquit Chely. The paper the note was written on matched paper found crumpled by Chely's chair. The juror turned the note in to the judge and was dismissed from the case.

Chely, who was free on $10,000 bond, did not show up for closing arguments in her trial on Thursday. Since then, there has been a warrant out for her arrest on charges of bribing a juror, a class four felony, and jury tampering, a class five felony, as well as failure to appear.

The jury found Chely, 51, guilty on Friday, but she remained at large.

Chely has a lengthy criminal history, involving numerous money, theft and forgery charges in Boulder, Jefferson, Arapahoe, Adams and Eagle counties, according to court record.

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Boulder woman accused of bribing juror arrested as she tries to enter Canada

Thursday, April 22, 2010

Affidavit: Woman in Boulder weapons trial tried to bribe juror

Darine Chely, who didn't show up for closing arguments Thursday morning, allegedly offered $5k for not guilty verdict

By John Aguilar, Daily Camera Staff Writer - 04/22/2010

A Boulder woman on trial this week for allegedly firing a bullet from her home into her next-door neighbor's house offered a juror $5,000 to find her not guilty of a weapons charge, according to an arrest affidavit released Thursday.

Darine Chely, who has been on trial in Boulder District Court for the last two days on a felony charge of being in possession of a weapon by a previous offender, placed a note underneath a notebook belonging to an alternate juror during a recess Wednesday, the affidavit states.

"Eric, please don't find me guilty. I will pay $5,000. I am very frightened. Please don't give this to anyone," Chely allegedly wrote.

The juror, identified in the arrest affidavit as Eric Acord, brought the note to the attention of Boulder District Judge James Klein and was dismissed from the panel.

Chely, who was free on $10,000 bond, failed to appear for closing arguments Thursday morning. She remained at large as of presstime.

She now faces three new felony charges -- bribery, bribing a juror and jury tampering. A new bond of $75,000 was set once she is arrested.

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Woman in Boulder weapons trial tried to bribe juror

Sunday, February 28, 2010

Kent County judge blasts Norton Shores man accused of bilking process service clients

By Heather Lynn Peters | Muskegon Chronicle
February 26, 2010

MUSKEGON -- A judge blasted a longtime Muskegon County process server Thursday for bilking nearly 200 clients out of money over a six-month period.

Robert A. Ostrander Jr. broke into a locked door as part of a court order to seize the property of the Muskegon CBA team, the Michigan Mayhem, at the L.C. Walker Arena Tuesday, June 20, 2006. Ostrander works as part of Ostrander Legal Services LLC.Robert Ostrander, 62, of 6117 Ridgeview, Norton Shores, was sentenced by Kent County Chief 63rd District Judge Sara Smolenski on one count of false pretenses over $200 but less than $1,000, a one-year misdemeanor.

The charge stems from incidents that occurred in 2008. The case was handled by the Kent County Prosecutor's Office and assigned to a Kent County judge because the Muskegon County 60th District Court had used Ostrander's services.

Ostrander, represented by attorney Shawn Davis, was ordered to pay a total of $3,875.66 in restitution and court fines and costs. Of that, $1,275 was what prosecutors say he overcharged 174 individuals and agencies who hired him over that six months.

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Kent County judge blasts Norton Shores man accused of bilking process service clients

Wednesday, February 10, 2010

Former Employer: Process Server's Record Clean

Process Server Had Visited Couple Before, Police Say

Fox 5 news - Las Vegas News - February 10, 2010

LAS VEGAS -- A former employer of a man accused of a Las Vegas home invasion shooting spoke out on Wednesday night to set the record straight about the suspect’s past.

Gregory Hover, 40, is accused of killing a man and shooting his wife in the face.

Hover worked as a process server for about six months. Police said they think he was serving papers to possibly case the neighborhood, and then came back later that night to commit the crime.

FOX5 spoke with Hover's employer, Debra Schuff of Junes Legal Service, who said when she found out what happened, she was blind sighted.

“It's not been a very good day," Schuff said.

She said he his on-the-job record was clean.

“He always was a very good server -- never had any concern or issue. I've been doing this a long time. He was licensed by the state," Schuff said.

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Former Employer: Process Server's Record Clean

Tuesday, February 2, 2010

"Serial suer" Estavillo drops all lawsuits, takes down website

Lydia Sung - Tuesday, February 2nd, 2010 - Neoseeker

No money, no 15 minutes of fame

You haven't forgotten about ol' Erik Estavillo, have you? Last we heard from this professional/serial suer, he was targeting video game news entities -- talk about biting the hand that feeds. Anyway, we said that we would no longer write about his exploits because of this.

So why are we mentioning his name again? Because Estavillo has announced his decision to drop all lawsuits, against the press and industry.

Apparently, Estavillo's many ailments (OCD, Agoraphobia, Panic Disorder, depression and Crohn's Disease) were finally taking a toll, and he claims his doctors suggested he drop his long list of legal complaints for his own health.

Of course, another major factor is money, which Estavillo was running out of; he could no longer afford the process server fees needed for subpoenaing everyone on the planet, including Bill Gates, Winona Ryder, and Martin Lee Gore (Depeche Mode). Guess his vast life experiences not teach him that legal shenanigans cost lots of money.

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"Serial suer" Estavillo drops all lawsuits, takes down website

Brazilian anchorman Rony Curvelo in tense custody battle with model Maria Vianna over 'legal kidnap'

BY William Sherman - DAILY NEWS STAFF WRITER - February 2nd 2010

A wealthy Brazilian anchorman is fighting a bitter custody battle with his ex-wife, a gorgeous New York model he says conned a judge into letting her kidnap their daughter.

Rony Curvelo, 45, says it all started with a misfired e-mail.

He somehow sent to his ex, Maria Vianna, a missive that was meant for his news producer back in Sao Paulo asking whether he should go to Haiti to cover the earthquake.

Vianna, 29, took the e-mail to Manhattan Family Court Judge Gloria Sosa-Lintner and told her she feared Curvelo was planning to take 8-year-old Jennifer, who was in New York visiting her mom, with him.

"I wasn't going to Haiti and I'm not going to Haiti. The whole thing is lies for a legal kidnapping, and so far it's working," said Curvelo, who says he has full custody of the fourth-grader.

"I was shocked, stunned. I was at Kennedy Airport Thursday, waiting for Jennifer so we could go back to Brazil, when a process server gave me papers," said Curvelo.

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Brazilian anchorman Rony Curvelo in tense custody battle with model Maria Vianna over 'legal kidnap'

Thursday, January 28, 2010

Tardy Smith stalls lawsuit

By SUN WIRE SERVICES - 28th January 2010

HOUSTON -- Denver Nuggets guard J.R. Smith made a last-minute payment to a Houston attorney on Wednesday before his team's game against the Rockets to stall a lawsuit filed against him.

Smith was named as the defendant in a lawsuit filed Tuesday in Harris District Court by high-profile lawyer Rusty Hardin, a Rockets' season ticket holder. Hardin is best known for representing pitcher Roger Clemens in his legal battle with former trainer Brian McNamee.

Hardin was hired to represent Smith in 2006, after Smith was accused of breaking a player's jaw in a pickup game at a Houston recreation centre. That case was settled, but Hardin's lawsuit claims Smith failed to pay $22,753.51 US in legal fees.

Dale Jefferson, Hardin's attorney, had threatened to serve Smith with legal papers before Wednesday's game at the Toyota Center. Smith paid a chunk of the fees less than two hours before tipoff, prompting Hardin to call off the process server. Smith has 30 days to pay the rest.

Read the article here:
Tardy Smith stalls lawsuit

Wednesday, January 27, 2010

Hardin to take on Nuggets player in court of law

Lawsuit alleging nonpayment of fees to be served at Toyota Center
By JONATHAN FEIGEN - Houston Chronicle
Jan. 27, 2010

J.R. Smith is accused in a lawsuit of not paying legal fees incurred in 2007.

Denver Nuggets guard J.R. Smith will have more than the Rockets waiting for him tonight at Toyota Center.

Famed Houston attorney Rusty Hardin, who has long represented sports stars in Houston including his recent high-profile representation of former Astros pitcher Roger Clemens, is suing Smith for nonpayment of legal fees with a process server expected to serve Smith at tonight's game.

Hardin said he represented Smith in 2007 when Smith was accused in a civil lawsuit of assaulting another player in a summer basketball game at Fonde Recreation Center in Houston. In the lawsuit filed Tuesday by Hardin's attorney, Dale Jefferson, Smith is accused of not paying remaining legal fees of 22,753.

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Hardin to take on Nuggets player in court of law

Saturday, January 16, 2010

Process server admits fraud

Failed to deliver NY legal notices
By George Pyle - NEWS BUSINESS REPORTER
January 16, 2010, 12:30 am

A Long Island-based process server who was accused of leaving thousands of New Yorkers unaware that they had been sued for unpaid debts, subjecting many of them to surprise judgments, liens and wage garnishments, has pleaded guilty to fraud.

William Singler, owner of American Legal Process, entered the plea Friday in Nassau County Supreme Court, admitting to one count of a class E felony. He is to be sentenced March 24 and still faces a civil suit in which New York Attorney General Andrew Cuomo is seeking damages and penalties.

In a statement announcing the guilty plea Friday, Cuomo said that ALP employees had not served properly, or at all, thousands of notices attorneys and creditors had paid them to serve.

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Process server admits fraud