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ANDY MARTIN: Illinois judge asked to allow “special service” of lawsuit on Illinois GOP leaders

July 18, 2012

Illinoiscorruption-fighter, Internet Powerhouse and Conservative blogger Andy Martin will hold aNew Yorknews conference today, Tuesday, July 17th, to announce that he has asked anIllinoisjudge to allow special procedures to be used to serve a lawsuit on Illinois Republican Party leaders. The GOP executives are dodging a process server and seeking to evade responsibility for the claims in the lawsuit. “Pat Brady and John Fogarty are always available when they want to spin the gullibleChicagomedia,” Andy says. “But they are hiding from a process server that is seeking to serve them with a lawsuit documenting their fraudulent leadership and corruption of the Illinois GOP.” Andy will also announce state GOP Chairman Pat Brady has surrendered his law license!

 

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FOR IMMEDIATE RELEASE:

 

ANNOUNCEMENT OF CHICAGO/NEW YORK NEWS CONFERENCE

 

ATTENTION NATIONAL AND CHICAGO/ILLINOIS DAYBOOK/ASSIGNMENT EDITORS

 

Illinois corruption-fighter and Internet Powerhouse Andy Martin is asking a judge to allow “special service” of a lawsuit on Illinois GOP leaders who are evading delivery of legal papers alleging they engaged in fraudulent conduct

 

Illinois GOP Chairman Pat Brady has surrendered his law license and is no longer a licensed attorney, as Brady still holds himself out to be at political meetings

 

Andy says GOP Chairman Pat Brady and GOP “General Counsel” John Fogarty are evading service of process.

 

Andy’s lawsuit claims the 13th Congressional District nominating process was invalid, as well as alleging that Brady and Fogarty orchestrated a fraudulent GOP state convention in June

 

(NEW YORK)(July 17, 2012)Illinois corruption-fighter and Internet Powerhouse Andy Martin will hold aNew York news conference today,Tuesday, July 17th 2012 to announce he has asked anIllinois judge to allow a special process server to serve a lawsuit on Illinois State Chairman Pat Brady and General Counsel John Fogarty. Both men are hiding from Andy’s process server.

 

A copy of Andy’s motion to the court is an ATTACHMENT to this lawsuit.

 

Andy’s lawsuit claims the nomination of 13th Congressional District candidate Rodney Davis was illegal. Andy further claims that the June State GOP “convention” conducted by Brady and Fogarty violatedIllinoisstatutes. Andy is preparing to file an amended complaint accusing Davis, Brady and Fogarty of money laundering.

 

“The ethical standards of the Illinois Republican Party used to far exceed those of the Democrats,” Andy says. “Today’s Republican leadership is more corrupt than the Democrats. Illinois Republicans have become a national laughingstock. Pat Brady and John Fogarty are incompetent crooks that are ensuring Democrats continue to controlIllinois.

 

“Finally, how many people know Pat Brady has surrendered his law license and is no longer a licensed attorney inIllinois? Brady still allows people to believe he is an attorney although his GOP biography is elusive on Brady’s current status. Attorneys seldom surrender their law licenses and Obama’s opponents have made a cause celebre over the Obamas surrender of their law licenses. Now Brady is following Obama path. Hmmm.”

 

Andy will note the Illinois GOP no longer has any office, headquarters or physical location. The party is run out of a post office box, a phone number and an email address. “Illinoisis a state with over ten million people; the GOP can’t afford an independent headquarters?” Andy asks. “What kind of ‘leaders’ are these people?”

 

Other defendants in Andy’s lawsuit have been served.

 

———————–

DOCUMENTS:

 

IN THE CIRCUIT COURT

OF THE SEVENTH JUDICIAL CIRCUIT

MACOUPIN COUNTY, ILLINOIS

 

MISCELLANEOUS

 

CASE

 

NO. 2012 MR 12

 

July 17, 2012

 

JUDGE: JOHN E. CHILDRESS

 

ANDY MARTIN,

 

Plaintiff,

 

vs.

 

TIM JOHNSON,

JERRY CLARKE,

RANDY HULTGREN,

JOHN SHIMKUS,

RODNEY DAVIS,                    

PAT BRADY,

JOHN FOGARTY,

STATE BOARD OF ELECTIONS,   

 

Defendants.

 

 

MOTION PURSUANT TO ILCS 5/2-203.1

 

Pursuant to 735 ILCS 5/2-203.1 Plaintiff asks the Court to authorize special procedures for serving process on defendants Pat Brady and John Fogarty.

1. Both Brady and Fogarty are or were officers of this Court. Therefore, whether their efforts to evade service of process are apparent or inadvertent, counsel owe a special duty to the court to cooperate in the service of process, see e.g.  Coyne v. Besser, 154 A.D. 503, 546 N.Y.S.2d 129 (2d Dept. 1989); Austrian Lance v. RockefellerCenter, 163 A.D. 125, 558 N.Y.S.2d 521 (1stDept. 1990). Parties generally are under a duty to accept process, see cases above.

2. As set forth in Plaintiff’s affidavit, the Illinois Republican Party apparently no longer publishes an office address and has become a “stealth” organization.

3. The defendants are serving in a fiduciary capacity in an organization created and regulated by virtue of state law. The defendants are not private parties engaged in private activity.

4. This lawsuit concerns the 2012 election cycle; defendants are apparently seeking to evade process to delay a decision by this court.

5. Plaintiff attempted to serve Mr. Fogarty (see Affidavit) at the address Fogarty has listed with the ARDC (attached). The fact that Fogarty evades process at his own law office is a serious case of professional malpractice for possible consideration by the ARDC. Defendant Pat Brady has apparently surrendered his law license (attached).

For the reasons stated in Plaintiff’s affidavit and in this motion, Plaintiff asks the Court to ether an appropriate order. A proposed order is also being submitted.

 

DATED:July 17, 2012

Respectfully submitted,

ANDY MARTIN, J.D.,

Adjunct Professor of Law (Ret.)

Pro Se

 

NATIONALLITIGATIONCENTER

P. O. Box1851

New York,NY10150-1851

Toll-free tel. (866) 706-2639

Toll-free fax (866) 707-2639

http://www.AndyMartinforPresident.com

 

E-mail: AndyMart20@aol.com (text only)

 

SERVICE OF NOTICES IS RESPECTFULLY

REQUESTED BY FAX OR E-MAIL

 

Additional e-mail address available

upon request

 

Courtesy Copy in addition to original toNew Yorkmaster service to:

Suite4406

30 E. Huron Street

Chicago,IL60611-4723

 

IN THE CIRCUIT COURT

OF THE SEVENTH JUDICIAL CIRCUIT

MACOUPIN COUNTY, ILLINOIS

 

MISCELLANEOUS

 

CASE

 

NO. 2012 MR 12

 

July 17, 2012

 

JUDGE: JOHN E. CHILDRESS

 

ANDY MARTIN,

 

Plaintiff,

 

vs.

 

TIM JOHNSON,

JERRY CLARKE,

RANDY HULTGREN,

JOHN SHIMKUS,

RODNEY DAVIS,                    

PAT BRADY,

JOHN FOGARTY,

STATE BOARD OF ELECTIONS,   

 

Defendants.

 

 

AFFIDAVIT PURSUANT TO 735 ILCS 5/1-109; 5/2-203.1

 

Pursuant to 735 ILCS 5/1-109, under penalties as provided by law pursuant to Section 1-109 of the Code of Civil Procedure Andy Martin certifies the statements set forth below in this instrument are true and correct.

1. I have previously used a process server to serve attorney John Fogarty and Mr. Fogarty evaded service of process on that occasion.

2. In the current lawsuit, the process server advised me he is licensed underIllinoislicense 115-001609 to serve process (I received an email with that information from Stephen Glazier).

3. Mr. Glazier went to Fogarty’s law office which appears to be some sport of shared space arrangement with other lawyers, and no one in Fogarty’s “law office” would accept process for him. I received an email to that effect from Mr. Glazier, see attached.

4. Defendant Pat Brady works behind a security console in an office with a receptionist. My server was told neither Brady nor his personal assistant were available during normal business ours (see attached).

5. Although I could attempt to serve Mr. Brady at his home, I have heard that his wife is seriously ill. While Mr. Brady and I are political adversaries, we have always treated each other with some measure of professional courtesy and respect. I would be extremely uncomfortable attempting to serve process on a residence where the occupant may be ill. Therefore, I have focused on serving Mr. Brady at his place of business.

6. On the basis of the foregoing I ask the Court to allow process to be served on Brady and Fogarty as set forth in the proposed Order submitted to the Court.

7. The “Illinois Republican Party,” (“IRP”) which is created through a “state central committee” under authority conferred in theIllinoisstatutes, has become a shadow organization. The IRP apparently has no office, no staff and operates in a semi-clandestine fashion through a post office box, phone number and email address. On information and belief there is no independent physical address to serve the IRP, which is why I am serving Brady and Fogarty at their place of business.

DATED:July 17, 2012

Respectfully submitted,

ANDY MARTIN, J.D.,

Adjunct Professor of Law (Ret.)

Pro Se

 

NATIONALLITIGATIONCENTER

P. O. Box1851

New York,NY10150-1851

Toll-free tel. (866) 706-2639

Toll-free fax (866) 707-2639

http://www.AndyMartinforPresident.com

 

E-mail: AndyMart20@aol.com (text only)

 

SERVICE OF NOTICES IS RESPECTFULLY

REQUESTED BY FAX OR E-MAIL

 

Additional e-mail address available

upon request

 

Courtesy Copy in addition to original toNew Yorkmaster service to:

Suite4406

30 E. Huron Street

Chicago,IL60611-4723

 

———————–

 

JULY 17TH NEWYORK NEWS CONFERENCE DETAILS:

 

WHO:     

 

Internet Powerhouse and Conservative blogger Andy Martin

 

WHAT:    

 

Andy Martin asks judge to allow “special service” on recalcitrant GOP leaders

 

WHERE:

 

909 Third Avenue, public sidewalk in front of FDR Station post office entrance, New York (under the “909” canopy in case of rain)

 

WHEN:

 

Tuesday, July 17th, 2012,5:30 P.M.

 

————————–

 

MEDIA CONTACT: CELL (917) 664-9329 (866) 706-2639;
E-MAIL: AndyMart20@aol.com

 

ujntsman wasd reelected in November, 2008. A few monrths later he resigned to serve
his president,” Barack Obama. SDo whyh was it so terrible that Palin resigned and Hutsman served evenless of his secondterm? Can I say “double standard” again.

 

What os this show us? Whetyher thessue s resigfnaitonsor religion,th emedia shamlessly create double standards tgo favr theiiberal medioa pets (fulldisclosure; I am ot aliberalmedia pet).

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LINKS TO THIS STORY (cut and paste the entire link below and not just the underlined portion):

 

 

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WHAT OTHERS SAY:

 

“Andy Martin is revolutionizing journalism… [Andy] brings to online journalism what Rush Limbaugh [brings] to radio or Michael Moore to film: sleek little stories that fit into larger political narratives…”

 

“The only American journalists that are “standing UP” [to Obama] are, Andy Martin…”

 

ABOUT ANDY:

 

Andy is a legendary New Hampshire, New Yorkand Chicago-based muckraker, author, Internet columnist, talk television pioneer, radio talk show host, broadcaster and media critic. Andy’s family immigrated to New Hampshire100 years ago. Chicago Public Radio calls Andy a “boisterous Internet activist.” The Chicago Tribune calls him “Chicago’s own…political activist.” He has forty-four years of background in radio and television. He is the author of “Obama: The Man Behind The Mask” [www.OrangeStatePress.com] and he produced the Internet film “Obama: The Hawaii’ Years” [www.BoycottHawaii.com]. Andy is the Executive Editor and publisher of the “Internet Powerhouse,” www.ContrarianCommentary.com. He comments on regional, national and international events with more than four decades of investigative and analytical experience both in theUSA and around the world.

 

Andy has been a leading corruption fighter in Illinoisand American politics and courts for over forty-five years. [www.AndyMartin.com] He is currently sponsoring www.AmericaisReadyforReform.com. See also www.FirstRespondersOnline.us; www.EnglishforAmerica.org

 

He holds a Juris Doctor degree from the University of Illinois College of Law and is a former adjunct professor of law at the City University of New York (LaGuardia CC, Bronx CC).
 
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andymartinusa.posterous.com
[NOTE: We try to correct any typographical errors in our stories; find the latest version on our blogs.]

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© Copyright by Andy Martin 2012 – All Rights Reserved

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