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May 9, 2001 Catherine F. Quist
Re: John D. Lee II, et al., v.
Knox County Circuit Court No. 01-036701
Dear Ms. Quist: Enclosed please find Motion to Extend Time for Jury Trial with the above referenced case. Also enclosed for filing is a Motion to Extend Time to Answer Complaint. Thank you for your attention in this regard.
Sincerely,
John D. Lee II, pro se and in forma pauperis
JOHN D. LEE II, and for all
Defendant John Lee, pro se and in forma pauperis, pursuant to Rule 6.02 of the Tennessee Rules of Civil Procedure, moves this Court for an Order extending the time within which to answer the Complaint. Defendant John Lee requests that he be granted an extension up to and including June 9, 2001 to file his answer. As grounds for this motion, defendant John Lee would show the Court that: 1. The time within which to request an extension to answer Complaint has not expired, pursuant to Rule 4.07(3) of the Tennessee Rules of Civil Procedure, or, if time within which to request an extension has expired, for excusable neglect. 2. Additional time is required by defendant to investigate as pertaining to this cause of action, to allow Knoxville Police Department Internal Affairs to conclude its pending criminal investigation of Municipal Court administrator, suspended for alleged theft and extortion, in order to allow discovery of seized public court records of allegedly missing parking citations and revenues in ongoing criminal investigation and audit, and for suspended administrator to continue his testimony regarding Municipal Court's unaccountability of parking citations and revenues as previously given in defendant's case under oath in Municipal Court, immediately prior to his suspension as Municipal Court administrator. 3. Additional time is required to prepare counterclaim and cross claim under Rule 13 of the Tennessee Rules of Civil Procedure, to prepare offer of judgment under Rule 68 of the Tennessee Rules of Civil Procedure, to prepare motions and orders for pretrial conference under Rule 16 of the Tennessee Rules of Civil Procedure, to prepare motions and orders for compelling discovery under Rule 37 of the Tennessee Rules of Civil Procedure, to prepare motions and orders for injunctive relief, to prepare other motions and orders as needed. 4. Additional time is required to conclude transcription of Municipal Court hearing from January 17, 2001, currently under appeal with trial de novo in Knox County Circuit Court, as pertaining to this cause of action, including testimony by subpoenaed witnesses to include Municipal Court administrator later suspended for alleged theft and extortion. 5. Additional time is required to continue search for legal counsel. 6. City of Knoxville Municipal Corporation refused to release official public records upon numerous formal requests to purchase in violation of Tennessee Open Records Act TCA 10-7-501 et seq., refused to produce official public records subpoenaed in Municipal Court hearing, refused to conduct a Department of Engineering survey as required for public safety, per documentation in the possession of City Law Department and Department of Engineering, Department of Engineering under direction of City Law Department refused to install required street signs required for public safety, per documentation in the possession of City Law Department and Department of Engineering, as pertaining to this cause of action. 7. City of Knoxville Municipal Corporation altered and censored official public records, according to official reports of Internal Affairs of Knoxville Police Department. Said records are in the possession of City Law Department and Knoxville Police Department, as pertaining to this cause of action. 8. City of Knoxville Municipal Corporation illegally banned defendant from entering the Municipal Court and Knoxville Police Department Safety Building, with full knowledge of City Law Department, as pertaining to this cause of action, and verified with a tape-recorded message left on defendant's answering machine by an employee of the City of Knoxville Municipal Corporation. 9. Defendant John Lee has not had sufficient opportunity to investigate the facts as pertaining to this cause of action. City of Knoxville Municipal Corporation filed its Complaint and defendant's appeal with Circuit Court clerk between February 23, 2001, when Circuit Court clerk denied an appeal was filed and March 5, 2001, when Circuit court clerk was asked again by defendant John Lee if appeal was filed and answer was given in the affirmative, and a jury trial was subsequently demanded by defendant. Plaintiffs' complaint alleged incorrect address for defendant, in contradiction with defendant's written appeal on file with Municipal Court and Circuit Court clerk. On February 23, 2001, defendant corrected Circuit Court clerk's computer file for correct address of defendant. In violation of Rule 38.03 of Tennessee Rules of Civil Procedure, first official notice of appeal and trial date by Circuit Court clerk was postmarked April 4, 2001, with a postcard duly issued. Plaintiffs' counsel did not serve process of Complaint upon defendant. 10. Newly discovered evidence has resulted in unavoidable surprise, as pertaining to this cause of action. 11. City of Knoxville Municipal Corporation illegally stole defendant's vehicle, denied that it knew anything about defendant's stolen vehicle, and attempted to illegally convert said stolen vehicle, preventing defendant from conducting investigation of the facts in this case. 12. City of Knoxville has performed numerous acts of illegal and dangerous harassment upon defendant, preventing defendant from conducting investigation of the facts of this case. 13. Defendant John Lee is disabled and was suffering illness which delayed
preparation of this motion.
As further support of this motion, the affidavit of John Lee is attached hereto. Respectfully submitted, ____________________ John D. Lee II, pro se and in forma pauperis
STATE OF TENNESSEE COUNTY OF KNOX Comes the affiant, after being duly sworn, and does depose and say the following: 14. City of Knoxville Municipal Corporation refused to provide me with public records upon numerous formal requests to purchase under Tennessee Open Records Act, TCA 10-7-501 et seq., per documentation in the possession of City Law Department, as pertaining to this cause of action. 15. Additional time is required by me to investigate as pertaining to this cause of action, to allow Knoxville Police Department Internal Affairs to conclude its pending criminal investigation of Municipal Court administrator, suspended for alleged theft and extortion, in order to allow discovery of seized public court records of allegedly missing parking citations and revenues in ongoing criminal investigation and audit, and for suspended administrator to continue his testimony in my case regarding Municipal Court's unaccountability of parking citations and revenues, as previously given under oath in Municipal Court, immediately prior to his suspension as Municipal Court administrator. 16. City of Knoxville Municipal Corporation illegally banned me from Municipal Court and Knoxville Police Department Safety Building, as pertaining to this cause of action, and verified with a tape-recorded message left on my answering machine by an employee of the City of Knoxville Municipal Corporation. The message alleged the City Law Department condoned this illegal act. 17. City of Knoxville Municipal Corporation refused to provide me with public records subpoenaed in Municipal Court hearing, per documentation in the possession of City Law Department, Municipal Court administrator and Knoxville Police Department, as pertaining to this cause of action. 18. City of Knoxville refused my informal and formal requests to conduct a Department of Engineering survey as required for public safety, per documentation in the possession of City Law Department and Department of Engineering, as pertaining to this cause of action. 19. City of Knoxville Municipal Corporation Department of Engineering, under direction of City Law Department, refused my formal request to install street signs required for public safety (street names, "One-Way--Do Not Enter", etc.), per documentation in the possession of City Law Department and Department of Engineering, as pertaining to this cause of action. 20. City of Knoxville Municipal Corporation filed its Complaint and my appeal of judgment of Municipal Court with Knox County Circuit Court clerk between February 23, 2001 (when Circuit Court clerk denied an appeal was filed), and March 5, 2001 (when Circuit court clerk was asked again me if appeal was filed), and I verbally demanded a jury trial. Plaintiffs' complaint alleged incorrect address for me, in contradiction with my written appeal on file with Municipal Court and Circuit Court clerk. On February 23, 2001, I corrected Circuit Court clerk's computer file for my correct address. First official notice of appeal and trial date by Circuit Court clerk was postmarked April 4, 2001 with a postcard duly issued, in violation of Rule 38.03 of Tennessee Rules of Civil Procedure. 21. Plaintiffs' counsel did not serve process of Complaint upon me. 22. I did not receive from the plaintiffs an addressed, written request for waiver of service, as required by Rule 4.07 of the Tennessee Rules of Civil Procedure. 23. I have not had sufficient opportunity to investigate the facts. 24. City of Knoxville Municipal Corporation illegally stole my vehicle, denied that it knew anything about my stolen vehicle, and attempted to illegally convert said stolen vehicle, preventing me from conducting investigation of the facts in this case. 25. City of Knoxville has performed numerous acts of illegal and dangerous harassment upon me, preventing me from conducting investigation of the facts of this case. 26. I am disabled and suffering illness which delayed preparation of
this motion pro se.
__________________________
STATE OF TENNESSEE COUNTY OF KNOX Sworn to and subscribed before me on this ________ day of May, 2001. ___________________________
My commission expires: ____________________
The undersigned hereby certifies that a true and exact copy of this pleading has been served upon counsel for all parties at interest in this case by delivering a true and exact copy of said pleading to the offices of said counsel, or by placing a true and exact copy of said pleading in the United States Mail, addressed to said counsel at his office, with sufficient postage thereon to carry it to its destination. Knoxville City Attorney
This ______ day of May, 2001. _________________________
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