-------------------------------------------- x BURDA MEDIA, INC. and BURDA HOLDING : GmbH & CO. KG, a German Limited Partnership, : : Plaintiffs, : : - Against : : CHRISTIAN VIERTEL, HOT LINE DELIVERY, INC. : TELECOMMUNICATION PARTNERS LIMITED*, : TRANSVIDEO*, TV BROADCAST CENTER*, AGATE : REALITY*1, and JOHN LEE, : : Defendants : -------------------------------------------- x
00-Civ-02034 JLK MOTION TO EXPEDITE [ VACATUR ]
published:
Defendants Motion to EXPEDITE DECISION and JUDICIAL NOTICE
Defendant, with consent from Burda plaintiffs, respectfully
moves this Court to ad hoc consider on an expedited basis its unopposed MOTION FOR VACATUR dated January 15, 2016, sub judice for 8+ months while opprobrium and stigma of a registered but legally untenable default judgment adds disgrace to the public record.
Defendants Petition was filed and docketed, DE#2, albeit,
without party requests, restricted - sua sponte - under seal until further notice by this Court, on January 19, 2016. It is hereby respectfully submitted that this abeyance is contrary to further notice, which, regrettably, has not unexplained - issued to date. 1
[*]TELECOMMUNICATION PARTNERS, TRANSVIDEO, TV BROADCAST CENTER, AGATE REALITY, are four
noms imaginaire de plume, wholesome fabrications by Plaintiffs counsel
Additional Judicial Notice of guiding Supreme Court ruling:
In 446 U.S. 147, 152 Baldwin County Welcome Center v. Brown
(1984) the USSC ruled as follows: [p]rocedural requirements established by Congress for gaining access to the federal Courts are not to be disregarded by courts out of a vague sympathy for particular litigants. As we stated in Mohasco Corp. v. Silver, 447 U.S. 807(1980, a decision which settles the raised issue over the defective Summons form AO 440, that deprived the NYSD of personal jurisdiction of all parties, ab ovo.
Therefore, Viertels unopposed motion to VACATE nunc pro tunc
- the New York courts decision and judgment as void shall be granted ad hoc with all other relief this Court deem just and proper.
Respectfully submitted this 23 rd day of September 2016
Attachment: Incomplete, jurisdictionally invalid Summons Form AO 440
CERTIFICATE OF COURTESY SERVICE
I, Prof. Christian T Viertel, hereby certify under penalty of perjury
that on 24th September 2016, I emailed a copy, .pdf file of this instant MOTION TO EXPEDITE upon Hon. Senator Prof. Dr. Hubert Burda at burdahu@burda.com for the unrepresented parties: Signature