Page 1 - MOTION FOR ENTRY OF DEFAULT

TDS/tn1/7323006

Department of Justice

1162 Court Street NE

Salem, OR 97301-4096

(503) 934-4400 / Fax: (503) 373-7067

ELLEN F. ROSENBLUM #753239

Attorney General

TIMOTHY D. SMITH #914374

Assistant Attorney General

Department of Justice

1162 Court Street NE

Salem, OR 97301-4096

Telephone: (503) 934-4400

Facsimile: (503) 373-7067

E-mail: tim.smith@doj.state.or.us

Attorneys for State of Oregon

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

STATE OF OREGON, Acting by and through

the DEPARTMENT OF CORRECTIONS,

Plaintiff,

v.

NICHOLAS ADAM AMES,

Defendant.

Case No. 6:16-cv-345-TC

MOTION FOR ENTRY OF DEFAULT

Plaintiff the State of Oregon, acting by and through the Department of Corrections (the

“State of Oregon”), requests that the clerk of the court enter default against Defendant Nicholas

Adam Ames pursuant to Federal Rule of Civil Procedure 55(a). In support of this request the

State of Oregon relies upon the record in this case and the affidavit submitted herein.

ELLEN F. ROSENBLUM

Attorney General

s/ Timothy D. Smith

Timothy D. Smith, #914374

Assistant Attorney General

Of Attorneys for Plaintiff

E-mail: tim.smith@doj.state.or.us

Case 6:16-cv-00345-TC Document 5 Filed 04/19/16 Page 1 of 6
Page 1 - AFFIDAVIT IN SUPPORT OF MOTION FOR ENTRY OF DEFAULT

TDS/tn1/7323006

Department of Justice

1162 Court Street NE

Salem, OR 97301-4096

(503) 934-4400 / Fax: (503) 373-7067

ELLEN F. ROSENBLUM #753239

Attorney General

TIMOTHY D. SMITH #914374

Assistant Attorney General

Department of Justice

1162 Court Street NE

Salem, OR 97301-4096

Telephone: (503) 934-4400

Facsimile: (503) 373-7067

E-mail: tim.smith@doj.state.or.us

Attorneys for State of Oregon

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

STATE OF OREGON, Acting by and through

the DEPARTMENT OF CORRECTIONS,

Plaintiff,

v.

NICHOLAS ADAM AMES,

Defendant.

Case No. 6:16-cv-345-TC

AFFIDAVIT IN SUPPORT OF MOTION FOR

ENTRY OF DEFAULT

STATE OF OREGON )

) ss.

County of Marion )

I, Timothy D. Smith, first being duly sworn, depose and say that:

1. I am one of the attorneys for plaintiff in the above-entitled action and I am

familiar with the file, records and pleadings in this matter;

2. The summons and complaint were filed on February 25, 2016.

3. Defendant Nicholas Adam Ames was served with a copy of the summons and

complaint via substitute service upon Mike Swanzy, roommate, co-resident on March 23, 2016 at

320 14th Ave., Albany, OR 97322, and via US Mail on March 25, 2016, as reflected on the

docket sheet by the proof of service filed on March 28, 2016.

4. An answer to the complaint was due on April 18, 2016.

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Case 6:16-cv-00345-TC Document 5 Filed 04/19/16 Page 2 of 6
Page 2 - AFFIDAVIT IN SUPPORT OF MOTION FOR ENTRY OF DEFAULT

TDS/tn1/7323006

Department of Justice

1162 Court Street NE

Salem, OR 97301-4096

(503) 934-4400 / Fax: (503) 373-7067

5. Defendant has failed to appear, plead or otherwise defend within the time allowed

and, therefore, is now in default.

6. Plaintiff requests that the clerk of the court enter default against Defendant

Nicholas Adam Ames.

/s/ Timothy D. Smith

Timothy D. Smith, #914374

SUBSCRIBED AND SWORN to before me this 19th day of April, 2016.

/s/ Teriann Masue Nakamura

Notary Public for Oregon

Commission No. 936122

My Commission Expires: February 8, 2019

Case 6:16-cv-00345-TC Document 5 Filed 04/19/16 Page 3 of 6
Page 1 - NON-MILITARY AFFIDAVIT

TDS/tn1/7323006

Department of Justice

1162 Court Street NE

Salem, OR 97301-4096

(503) 934-4400 / Fax: (503) 373-7067

ELLEN F. ROSENBLUM #753239

Attorney General

TIMOTHY D. SMITH #914374

Assistant Attorney General

Department of Justice

1162 Court Street NE

Salem, OR 97301-4096

Telephone: (503) 934-4400

Facsimile: (503) 373-7067

E-mail: tim.smith@doj.state.or.us

Attorneys for State of Oregon

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

STATE OF OREGON, Acting by and through

the DEPARTMENT OF CORRECTIONS,

Plaintiff,

v.

NICHOLAS ADAM AMES,

Defendant.

Case No. 6:16-cv-345-TC

NON-MILITARY AFFIDAVIT

STATE OF OREGON )

) ss.

County of Marion )

I, Timothy D. Smith, first being duly sworn, depose and say that I am one of the attorneys

for plaintiff in the above-entitled action; that the defendant in said action against whom default is

requested was not at the time of commencement of said action nor is now in the military service

of the United States, nor is an infant or an incompetent person; and that defendant was served on

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Case 6:16-cv-00345-TC Document 5 Filed 04/19/16 Page 4 of 6
Page 2 - NON-MILITARY AFFIDAVIT

TDS/tn1/7323006

Department of Justice

1162 Court Street NE

Salem, OR 97301-4096

(503) 934-4400 / Fax: (503) 373-7067

March 23, 2016 at 320 14th Ave., Albany, OR 97322, and via US Mail on March 25, 2016, by

serving a copy of the Summons and Complaint to the defendant via substitute service.

/s/ Timothy D. Smith

Timothy D. Smith, #914374

SUBSCRIBED AND SWORN to before me this 19th day of April, 2016.

/s/ Teriann Masue Nakamura

Notary Public for Oregon

Commission No. 936122

My Commission Expires: February 8, 2019

Case 6:16-cv-00345-TC Document 5 Filed 04/19/16 Page 5 of 6
Page 1 – CERTIFICATE OF SERVICE

TDS/tn1/7323006

Department of Justice

1162 Court Street NE

Salem, OR 97301-4096

(503) 934-4400 / Fax: (503) 373-7067

CERTIFICATE OF SERVICE

I hereby certify that on April 19, 2016, I served the foregoing Motion for Entry of

Default, Affidavit in Support of Motion for Entry of Default, Non-Military Affidavit, and Order

of Entry of Default upon the parties hereto by United States Postal Service, First Class Mail,

postage prepaid, a true, exact and full copy thereof to:

Nicholas Adam Ames

320 14th Ave.

Albany, OR 97322

By: s/Timothy D. Smith

Timothy D. Smith, #914374

Assistant Attorney General

Attorneys for Plaintiff

Case 6:16-cv-00345-TC Document 5 Filed 04/19/16 Page 6 of 6