STATE

OFFICE
DEREK
ATTORNEY

OF THE

OF KANSAS
ATTORNEY

GENERAL
MEMORIAL

SCHMIDT
120SW

GENERAL

May 3, 2016

(785)

HALL

10TH AVE . 2ND FLOOR

TOPEKA.

KS 66612-1597

296-2215

FAX (785)

WWW.AG.KS.GOV

Judge Jack Burr

Shennan County District Court
801 Broadway, Room 201,
Goodland, KS 67735
Re: 15-CV-79P
Dear Judge Burr:
I am writing in response to Kasey King's April 26, 2016, letter to you in reference to
their previous request for a continuance. A copy of the letter is attached as Exhibit 1 for your
convemence.
As a preliminary matter, Iobject to King writing on behalf ofthe Summary Judgment
Group. King is not a licensed attorney and may not represent others.
King claims that Inever responded to their request for a continuance because my
Response inadvertently had the wrong case number (15-CV-75P). A copy ofthe Response is
attached as Exhibit 2. The Response contains the correct case caption and identifies the parties
and subject matter of 15-CV-79P. The Certificate of Service shows that it was served on Pro Se
Plaintiffs, and in fact King's letter makes express reference to it showing that it was in fact
received by them. Pro Se Plaintiffs had actual notice of the Response and that Iopposed a
continuance. Please note that while King makes reference to a retained attorney, he expressly
states that attorney is only to represent them in their federal case against Judges Fleming and
Loy.
Because the case number is an obvious typo and in all other respects the motion clearly
pertains to 15-CV -79P, I request that you direct the Crawford County clerk to refile the motion
in case 15-CV-79P. I also ask that this letter and King's letter of April 26, 2016 be filed by the
clerk in 15-CV-79P.

296-6296

Judge Jack Burr

May 3,2016
Page 2

Sincerely,
OFFICE OF ATTORNEY GENERAL
DEREK SCHMIDT

Y7l'1AA/

1ft!{t

Ste~';:;;.~hps
Assistant Attorney General
SP/drw
Encl.
Ce.
Eric Muathe
P.O. Box 224
Pittsburg, KS 66762

Noah Day
P.O. Box 224
Pittsburg, KS 66762

Kasey King
P.O. Box 224
Pittsburg, KS 66762

James Beckley Jr.

P.O. Box 224
Pittsburg, KS 66762

Travis Carlton
P.O. Box 224
Pittsburg, KS 66762

Jim Emerson
Crawford County Counselor
III East Forest, 2nd F1.
Girard, KS, 66713

Noah Day
9601 Hiss Ave., Apt. 1527
Denver, CO 80231

Crawford County District Court Clerk

602 N Locust St.
Pittsburg, KS 66762

and hand delivered to:

Carey Barney, Assistant Attorney General

April 26, 2016

Hon. Jack L Burr

Senior Judge
801 Broadway
Goodland,

Ks 66735
CASE NO.

15CV79P Not 15CV75P

Dear Judge Jack Burr:

We had asked for a motion for a continuance from the April 18, 2016 hearing in the above mentioned case now that
we have an attorney representing us in retained attorney Adebayo Ogunmeno of Ogunmeno Law Firm of 155 S. 18th
Street, Site 250 in KC Ks 66102 to represent Plaintiffs in federal case number 2: 16-cv-021 08-JAR-GLR against
Respondents

Lori Fleming and Kurt Loy.

Attorney Stephen Phillips never made any appropriate response to our "motion to continuance and our other 3
motions", because his response was titled in case number 2015CV75P which is the case of AKCC Management LLC
was filed in this case on 4/ III 20 16.

vs. Two Big Fish LLC and their response

'TVe have received a copy of the transcript which shows that you heard our case on April 18, 2016 with 3 other small
claims cases in 22 minutes from 10:00 a.rn. until 10:22 a.rn. even though the other cases were not scheduled until
1:30 p.m. and 2:30 p.m. We also read where you dismissed case number
restrictions against us after you already dismissed the case.

15CV79P first, but then granted filing

We would like to file an "objection to the journal entry", "motion for reconsideration",
a "motion for change of judge
with affidavit", and a "NOTICE OF APPEAL" because we don't feel that we received due process with our chapter 61
case being heard on an assembly line with 3 other chapter 60 small claims cases.
We don't

want to file anything first without asking you to get permission first and get contempt

now that we have filing restrictions

even though the "MOTION

OF DEFENDATNS

FLEMING,

FLEMING, JACK, LYNCH, RUSSELL, SMITH, SANDERS, HAZLETT,

SCHMIDT

FOR SANCTIONS

WITH MEMORANDUM

number

15CV7SP along with the "Response of Defendants

Russell,

Smith, Sanders, Hazlett,

INCORPORATED"
Loy, Wachter,

LOY, WACHTER,
GRILLOT,

AND

was actually titled in case

Fleming, Fleming, Jack, Lynch

Grillot, and Schmidt To Plaintiffs Three Motion Document"

the docket in the case of AKCC Management

of court

which is on

LLC vs. Two Big Fish LLC so we don't see how you could

grant any filing res1rictions against us for filing frivolously when the deputy attorney

Stephen Phillips appears

to bc thc one filing frivolous filings as he has titled not one but "2" different motions and rcsponses in case
number

15CV75P.

Exhibit 1

We also would Wee to have access of your own private address like you gave attorney
record

in an ex-parte conversation

court staff at Crawford County Co

before you left town early after the 10: 22 a.m. hearing according to
ousc.

Sincerely,
Kasey King

/
i

c/o Summary Judgment

.'

r,bup

r.o. Box224P'''''b=(6676

Cc
James Emerson
County Counselor
Crawford

County Courthouse

J J J East Forest St.

Girard,

Ks 66743

Stephen Phillips, No. 14130

Assistant Attorney
Memorial

Bldg., 2nd floor

th

120 SW 10
Topeka,

General

Avenue

Ks 66612

Carrie Barney
Assistant Attorney
Memorial

General

Building, 2nd Floor

120 SW

io" Avenue

Topeka,

Ks 66612

Stephen Phillips off the

Date'.

4125120,6

Time:

08:13AM

\jser.l\NOSI\~

Crawford County District Court (Pittsburg)

ROA Report

Page 1 of 1

Case: 2015-CV-000075-P
Current Judge: Kurtis I Lay

AKCC Management LLC vs. Two Big Fish LLC, et al

Other Contract
Judge

Date
Petition Filed
Document ID Number: 286123

Kurtis I Lay

2 Request For Personal Service

Document ID Number: 286124

Kurtis I Lay

2 Summons Issued Back to Attny for Service

Document ID Number: 286125

Kurtis I Lay

8/14/2015

Clerks Order For Additional Time to Answer Or Plead to Petition

Document ID Number: 289498

Kurtis I Lay

8/27/2015

Answer
Document ID Number: 291036

Kurtis I Lay

8/28/2015

Email Sent Date: 08/28/201511:31

am To: vbrisbin@wntlaw.com File
Attached: ANSWER.pdf Name of Document: Answer

Kurtis I Lay

8/31/2015

Notice of Case Management Conference

Document ID Number: 291264

Kurtis I Lay

Hearing Scheduled (Case Management Conference 10/26/2015 02:30

PM)

Kurtis I Lay

9/4/2015

Answer To Counterclaim
Document ID Number: 291787

Kurtis I Lay

10/29/2015

Hearing Scheduled (Pretrial Conference 04/27/2016 11:00 AM)

Kurtis I Lay

Hearing Scheduled (Court Trial 05/19/2016

Kurtis I Lay

7/15/2015

Scheduling Order
Document ID Number: 297689

Kurtis I Lay

Notice of Service of Discovery Requests

Document 10 Number: 302779

Kurtis I Lay

Notice of Service of Discovery Requests

Document 10 Number: 302780

Kurtis I Lay

3/2412016

Email Sent Date: 03/24/2016 03:44 pm To: vbrisbin@wntlaw.com File

Attached: SCHEDULINGORDER.pdf Name of Document: Scheduling
Order

Kurtis I Lay

4/11/2016

Response of Defendants Lay Wachter Fleming Fleming Jack Lynch

Kurtis I Lay
Russell Smith Sanders Hazlett Grillot and Schmidt to Plaintiffs Three Motion
Document 10 Number: 314226

12/17/2015

*-

09:00 AM)

Jf

IN THE DISTRICT COURT OF CRAWFORD COUNTY, KANSAS

ERIC M. MUATHE, et aI.,

)
)
)
)
)
)

Plaintiff,
vs.
HONORABLE

KURTIS LOY, et aI.,

Defendants.

)
)

Case No. 15-CV-75P

---------------------------)
RESPONSE OF DEFENDANTS
LOY, WACHTER, FLEMING, FLEMING, JACK, LYNCH, RUSSELL, SMITH,
SANDERS, HAZLETT, GRILLOT AND SCHMIDT TO PLAINTIFFS' THREE
MOTIONS
Kurtis Loy, Andrew 1. Wachter, Robert J. Fleming, Lori Fleming, Jeffry L.

Defendants

Jack, Oliver Kent Lynch (District Court Judges for the Eleventh Judicial District), Janice D.
Russell, Richard M. Smith, John E. Sanders (Senior District Court Judges), Stanton A. Hazlett
(Disciplinary

Administrator),

Tim Grillot (assigned discipline complaint investigator),

and

Kansas Attorney General Derek Schmidt, by and through counsel, Stephen Phillips, Assistant
Attorney General, submit this response to Plaintiffs'
Withdraw Plaintiffs Motion to Dismiss,"

most recent three motions: "Motion to

"Motion for Change of Judge," and "Motion for

Continuance."
Plaintiffs'

Petition is dismissed.

"[W]hen a document seeking dismissal is filed within

the time frame set out in K.S.A. 60-241 (a)(1), it will operate as an automatic dismissal of the
action upon filing."

Smith v. State, 22 Kan. App.2d 922, 926 (1996).

Defendants'

Motion to

Withdraw is but a further example of their frivolous court filings that warrant filing restrictions.

Exhibit 2

Because the dismissal is without prejudice, however, and in order to promote finality in
this case, Defendants

do not oppose reinstatement

of Plaintiffs'

case provided that it be reinstated

on the condition that Defendants pending motions-Defendants'

Dismiss; Defendants'
23,2015,

28, 2015, Motion for Sanctions; and Defendants'

November

Motion for Extension of Time To File Response to Pro Se Plaintiffs' Motion For

Sanctionshearing.

September

September 8, 2015, Motion to

be deemed to remain pending be taken up at the previously scheduled April 18

Defendants,

therefore, oppose Plaintiffs'

Motion for Continuance.

This case has been

pending since August 7,2015

Defendants'
after Defendants'

Motion for Change of Judge changes nothing.

It is only now filed, months

Motion to Dismiss and is nothing more than a delaying tactic. K.S.A. 20-311

provides for a hearing on the motion.

along with consideration

That can easily be accomplished

of Defendants'

at the April 18 hearing

motions.

Respectfully submitted,
OFFICE OF ATTORNEY
DEREK SCHMIDT

GENERAL

/s/ Stephen Phillips

Stephen Phillips, No. 14130
Assistant Attorney General
Memorial Bldg., 2nd Floor
120 SW loth Avenue
Topeka, Kansas 66612-1597
Phone:
(785) 296-2215
Facsimile: (785) 296-6296
Attorney for Defendants Loy, Wachter, Fleming,

Fleming, Jack, Lynch, Russell, Smith, Sanders,

Hazlett, Grillot and Schmidt.

CERTIFICATE OF SERVICE
I hereby certify that on this 8th day of April, 2016, the above and forgoing document was
filed with the Clerk of the Court of the District of Crawford County, Kansas via U.S. Mail. I
further certify that a copy was served via first class U.S. Mail, postage prepaid to:
Eric Muathe
P.O. Box 224
Pittsburg, KS 66762

Noah Day
P.O. Box 224
Pittsburg, KS 66762

Kasey King
P.O. Box 224
Pittsburg, KS 66762

James Beckley Jr.

P.O. Box 224
Pittsburg, KS 66762

Travis Carlton
P.O. Box 224
Pittsburg, KS 66762

Jim Emerson
Crawford County Counselor
III East Forest, 2nd FI.
Girard, KS, 66713

Noah Day
9601 Iliss Ave., Apt. 1527
Denver, CO 80231
Judge Jack Burr
Sherman County District Court
801 Broadway, Room 201,
Goodland, KS 67735
and hand delivered to:
Carrie Barney
Assistant Attorney General
Memorial Bldg., 2nd Floor
120 SW
Avenue
Topeka, Kansas 66612-1597

io''

/s/ Stephen Phillips

Stephen Phillips