Since 2 congressmen chose this week to teach the world the complicated business of serving lawsuits (and I'm relishing the opportunity to dump my process-server-anecdotes notebook), I've got one more story to share.
It's about the Proud Boys and Enrique Tarrio.
It's about the Proud Boys and Enrique Tarrio.
Tarrio was arrested, banished from DC days before the Capitol riot when he landed in town. He had allegedly destroyed the Metropolitan AME Church's Black Lives Matter banner in December.
On top of his arrest, the church sued Tarrio and the Proud Boys.
cnn.com/2021/01/04/pol…
On top of his arrest, the church sued Tarrio and the Proud Boys.
cnn.com/2021/01/04/pol…
The lawsuit landed in DC Superior Court the same day as Tarrio's arrest, Jan 4.
The church's lawyers needed to get the suit into the hands of defendant Proud Boys International. So a process server delivered it to the group's registered agent, Jason Van Dyke in Texas, on Jan. 6.
The church's lawyers needed to get the suit into the hands of defendant Proud Boys International. So a process server delivered it to the group's registered agent, Jason Van Dyke in Texas, on Jan. 6.
But then something funny happened: Jason Van Dyke swore up and down he didn't represent the Proud Boys.
The lawsuit now in his hands but hell bent on distancing himself, Van Dyke started emailing. Then he started calling.
He had "nothing to do with the Proud Boys since November of 2018," he told the church's lawyers, according to court records.
He had "nothing to do with the Proud Boys since November of 2018," he told the church's lawyers, according to court records.
But the lawyers, from the very big and experienced law firm Paul Weiss, had receipts: The certificate of formation for the Proud Boys from the Texas Secretary of State.
Van Dyke's name is on it.
Van Dyke's name is on it.
The email exchanges really are something. Van Dyke keeps writing to everyone involved that he doesn't rep the Proud Boys. He's begging them to stop.
But Paul Weiss/the church keeps shipping him documents.
And what does the court do? They start sending Van Dyke case alerts.
But Paul Weiss/the church keeps shipping him documents.
And what does the court do? They start sending Van Dyke case alerts.
Van Dyke is pretty mad by February. He picks up the phone and calls the church's lawyer at Paul Weiss, Jeannie Rhee. Threatens to seek sanctions against her
(Rhee is the former Mueller prosecutor who oversaw the Russian interference side of the investigation)
Transcript:
(Rhee is the former Mueller prosecutor who oversaw the Russian interference side of the investigation)
Transcript:
Again, Paul Weiss has receipts.
Time's up for the Proud Boys w the lawsuit, and Van Dyke never responded in court.
The church asks for a default win in the lawsuit.
And, they show the court evidence that Van Dyke is still working with/in contact with the Proud Boys.
Time's up for the Proud Boys w the lawsuit, and Van Dyke never responded in court.
The church asks for a default win in the lawsuit.
And, they show the court evidence that Van Dyke is still working with/in contact with the Proud Boys.
So now what does the court do?
Default judgment. Metropolitan AME wins, because the Proud Boys never responded in court.
This is an example of why civil procedure is so important. (I have not gone to law school, but I've heard that's what people who have would say)
Default judgment. Metropolitan AME wins, because the Proud Boys never responded in court.
This is an example of why civil procedure is so important. (I have not gone to law school, but I've heard that's what people who have would say)
This story isn't over yet. Remember Enrique Tarrio, the Proud Boys chairman? He's the other named defendant in this Metropolitan AME lawsuit.
You might wonder how the church's process server found him to give him his copy, while the Proud Boys were apparently being recalcitrant
You might wonder how the church's process server found him to give him his copy, while the Proud Boys were apparently being recalcitrant
When the church filed the lawsuit on Jan 4, Tarrio was sitting in the DC Jail.
That's where the church's process server found him and handed him the papers: In the lobby of the jail release center the next day.
(Photos of this event exist, per the church's filings)
That's where the church's process server found him and handed him the papers: In the lobby of the jail release center the next day.
(Photos of this event exist, per the church's filings)
Tarrio, having been properly served and now filing responses, is still fighting the suit. He says it should be paused while he faces the criminal case.
"To be honest with you, I don't care," he also said about the church's suit.
Hearing set for late June.
washingtontimes.com/news/2021/feb/…
"To be honest with you, I don't care," he also said about the church's suit.
Hearing set for late June.
washingtontimes.com/news/2021/feb/…
If you enjoyed this story and other mini-soap operas about the service of lawsuits, court filings are a rich text.
Here's a thread with some more process server greatest hits. Several relate to Trump, Russia and/or other Washington luminaries.
Here's a thread with some more process server greatest hits. Several relate to Trump, Russia and/or other Washington luminaries.
https://twitter.com/kpolantz/status/1400668450184470532
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