U.S.D.C. Nevada Chief Judge Robert C. Jones Chief Judge Robert C. Jones Deprivation of Honest Services Due Process Extrajudicial Bias Conflicts of Interest Fraud on the Court Sanction Unconstitutional Antitrust Homeowner Association Fraud Racket Reno, Nevada

HOMEOWNER ASSOCIATION ANTITRUST/EMBEZZLEMENT FRAUD RACKET
Washoe County District Attorney Case No. 406539, Reno Police Department Case No. 08-031672

Gayle A. Kern v. Moulton Case No. 3:11-cv-00296-RCJ-PAL

This matter stems from a lawsuit initially filed by Defendant against Kern Plaintiffs and Lakeside Plaza Condominium Association ("Lakeside Plaza") where Gayle A. Kern was/is acting legal counsel.
During the time Gayle Kern was acting legal counsel for Lakeside Plaza, there was an alleged antitrust, embezzlement scheme perpetrated by Lakeside Plazas board president, Frank Perau and others that resulted in countless illegal foreclosures, defrauding hundreds of homeowners, including permanently-disabled Defendant.

Gayle A. Kerns instant SLAPP lawsuit is merely a means to manipulate and abuse this Court as a tool to further retaliate, harass and oppress victim Defendant. Kern Plaintiffs conspired to defraud Defendant, fraudulently foreclosed on Defendants home and extorted her life savings.

Defendant appeals Chief Judge Robert C. Jones Order and Sanctions (Dockets 66, 67) and associated Entry of Default dated June 20, 2012 (Docket 72) for the following reasons:

1) Defendant was never given timely notice by this Court (and never attended) the December 13, 2011 hearing (Dockets 62, 63),

2) Defendant was never notified by this Court (and never attended) the February 21, 2012 dispositive motions hearing;

3) As a result of this Courts failure to notify Defendant of the February 21, 2012 (and December 13, 2011) hearings, Chief Judge Robert C. Jones awarded Kern Plaintiffs a $500 sanction and adverse Order against Defendant on May 11, 2012 (Docket 67);

In addition to this Courts failure to notify of hearings, there have been countless filings (and order) either never received in a timely manner (or never received at all)4, thereby, severely depriving pro se Defendants ability to defend her legal standing in this case.

Chief Judge Robert C. Jones was a material witness to Gayle A. Kerns perjury in Jones Courtroom. Kern, under penalty of perjury, (in an affidavit) claimed she was not served a lawsuit by U.S. Marshal Service, when U.S. Marshal Service, stated (in an affidavit) that Kern, in fact, was served. The lawsuit was filed by another Kern/homeowner association victim. See Johnson v. Truckee River Highlands HOA, LLC, (D. Nev. 2009), Docs. 15-2, 29. See Requests for Judicial Notice (Docs. 27, 28)

Chief Judge Robert C. Jones never sanctioned Kern for perjury in his courtroom (in this separate case), clearly establishing in this present case - extrajudicial bias.

Chief Judge Robert C. Jones also granted Kern Plaintiffs local counsels telephonic appearance for hearing (Dockets 62, 63) without any apparent motion on docket - while denying Defendants motion for telephonic appearance (Docket 41). Defendant is not only permanently disabled, financially indigent but, also does not reside in Nevada, but out of state. For Chief Judge Robert C. Jones to deny telephonic appearance to a financially-indigent permanently-disabled defendant is unconscionable, biased and a deprivation of Defendants due process.

Defendant is victim to Plaintiffs Kerns fraudulent foreclosure of Defendants home. It is Chief Judge Robert C. Jones own abuses of process, abuses of discretion, repeated failures to uphold the law, extrajudicial bias and deprivations of honest service that resulted in the illegal, non-judicial foreclosure of Defendants home and extortion of her retirement by an antitrust, embezzlement racket.

DEPRIVATION OF PROPERTY & LIBERTY - JUDGE JONES DENIES ALL HEARINGS IN (7) SEVEN CASES - VIOLATING CONSTITUTIONAL DUE PROCESS

Judge Jones Court deprived Defendant of fair hearings and disallowed any hearings in
all seven (7) cases involving deprivation of property (fraudulent foreclosure) and deprivation liberty. Jones abuses of discretion violate Constitutional Due Process.