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M1CHAEI.J, KURGAN

653 S Collins Avenue

Unit 288

Miami Beach, FL 33141

Phone (858) 480-9330

E-Mail n461hb@pmail.com

Defendant Pro Se

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

THE LANCE AND LINDA NE1BAUER

JOINT TRUST, by and through LANCE

NE1BAUER, as trustee. Case No. 6:14-cv-01192- MC

Plaintiff

AFFIDAVIT OF MICHAEL J. KURGAN IN

SUPPORT OF HIS MOTION FOR A

PROTECTIVF ORDER, COMPENSATORY

DAMAGES AND SANCTIONS,

vs.

MICHAELJ. KURGAN, an individual.

Defendant.

AFFIDAVIT OF MICHAEL J. KURGAN IN SUPPORT OF HIS MOTION FOR A

PROTECTIVE ORDER, COMPENSATORY DAMAGES AND SANCTIONS,

If called to lestify, 1 could competently testify lo the following facts:

I. 1 am the Movant in the a hove -entitled action, my wife is not a party to the aboveentitled cause, and we have been married during the entire time the above -entitled

cause has been pending.

2, Exhibit 1 is a judgment entered In the United Stales District Court for the District

of Oregon, Case No. 6:14-cv-01 192-MC, hereinafter "Judgment" and that

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Exhibit E - Page 1 of 5

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judgment was domesticated by an action brought by the Plaintiff in Florida, Miami

Dade Circuit Court Case No. Case No.: 15-11 154-CA-25.

3 . That Judgment is currently on appeal by the Defendant on multiple grounds lor two

separate appeals, the first appealing the entire judgment, the second relates to post

judgment discovery propounded by the Plaintiff.

A. An order prior to the entry of the judgment was made by the Judge, staying all

discovery.

5. Thereafter a summary judgment was entered and amended into the final

"Judgment".

6, Thereafter, the P ] aintiffserved the Defendant with post judgmcnt d iscovery seeking

to compel him to disclose his assets.

7. The Defendant was ordered to respond and pay monetary sanctions for failing to

respond but this motion is brought before the hearing on the motion for contempt

: of the order is heard on the issue of contempt for failing to respond.

8, Defendant appealed both the order compelling him to respond and the sanctions.

but the Court sua sponte staled that the only appealable issue was the sanctions

because no motion for contempt has been ruled upon by the lower court judge.

9. During the last year, the Movant's bank accounts have been attached by the

Plaintiff

10, The accounts arc held as Tenancy By the Entirety and therefore the attachments

were improper, as well as costly, because the bank imposes a hefty "legal service"

fee each time a writ is received, regardless of the outcome.

1 1 . Now, the Plaintiff has notified the Defendant that he intends to seek an order of

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contempt and has filed a motion to compel responses to the discovery.

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12. The attached discovery, Exhibit 2, seeks information regarding the assets we hold

in Florida, which are all held by Tenancy By the Entirety,

1 3, That ifthe Plaintiff is given information about my other accounts and assets held

as tenants by the entirety, he will attempt to collect those, costing me hundreds

more dollars each time he serves a bank account or seeks to levy and attach my

tenancy by the entirely assets by using the orders in Federal Court in Oregon, as he

has already done,

14. That I have suffered, and will continue to suffer irreparable harm as I have

absolutely no contacts with the State of Oregon; my wife is a resident of Florida.

and is not a party to that action; she is not a judgment dehtor in that action and not

a party to the discovery requests; we both have been financially harmed by the

abuse of the processes the Plaintiff has used by attaching my bank accounts outside

of this state which are held as tenancy by the entirety without providing me an

i3 opportunity to objector seek any protection short ofgoing to Oregon, which neither i

my wife nor I wish to do.

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15.1 therefore seek a protective order compelling THE IANCE AND FINDA

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NEIBAUER JOINT TRUST, BY AND THROUGH LANCE NEIBAUER AS 1

TRUSTEE, to cease and desist from asking any information about assets which are

owned by me as a Tenancy by the Entirety or responding in any way providing any

j information to the Plaintiff about assets held as tenancy by the entirety.

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16. Furthermore, that the Plaintiff be ordered to recompense my wife for any and all

! costs she has incurred to date and return all funds that he has already illegally

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removed from our accounts.

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17. Finally, 1 seek, an order imposing sane lions against the Plaintiff for an abuse of

process and for the stealing of my funds from our bank account that was held as

tenancy by the entirety in an amount that will prevent him, deter him, and punish

him for his past abuse and keep him from committing any further abuse of process i

and violation of my state constitutional and statutory rights to my property held as

Tenancy by the Entirely.

18, As a result of the unlawful conduct, We have legal fees incun-ed to date as a direct

cause of the violation of our rights in Florida are $700 and the bank charges to date

i that should be refunded are $239.29 for a total of S939.29.

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; 19. Finally, they should be ordered to pay exemplary damages of three times that

amount to deter them from further abuse of the court system in the sum of

$2,81 7.87, for a total of $3,757. 16.

20. 1 have never been notified by the Plaintiff of their intention to seek personal,

confidential and financial information from my wife's accounts.

21 , In fact, but forme informing my wife that they are seeking to compel me to disclose

my highly confidential bank and personal information, my wife would not have any

notice of it.

22. It is a direct violation of her rights to privacy, to her rights under the Constitution

and to the Slate and Federal Statutes which protect my rights to privacy without

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first receiving notice and an opportunity to object.

23. Two prior times as a result of this abuse we have suffered direct financial harm,

and unless and until restrained, we will continue to suffer direct and irreparable !

harm and a loss of my rights of privacy.

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24, My wife is not a judgment debtor in this case and movant already has two appeals

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pending seeking to vacate this judgment, and their continued harassment and theft

of my funds must be stopped,

I declare under penally of perjury that the foregoing is true and correct, except as

to those matters which are based on my information and belief, and 1 believe them

to be true.

Respectfully Submitted:

DATED: July 20th, 2017

»1 MjHiA«^^VRGAN

6518 Collins Avenue

Unit 288

Miami Beach, FL 11141

Phone (858) 480-9310

E-Mail n461bb@gmatj.com

Defendant Pro Se

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