Page 1 of 2 – MOTION FOR DEFAULT JUDGMENT Clarke Balcom, P.C.

1312 SW 16th Ave, 2nd Floor

Portland, OR 97201

Tel: (503)224-5950 

Fax: (503)467-4669

Jacob D. Braunstein, # 062849

jbraunstein@clarkebalcomlaw.com

CLARKE BALCOM, P.C. 

1312 SW 16th Ave, 2nd Floor

Portland, OR 97201-2516

Telephone (503) 224-5950

Fax (503) 467-4669 

Attorney for Plaintiff

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

PORTLAND DIVISION

NATHANIEL J. APPLEFIELD,

LISBETH APPLEFIELD,

Plaintiffs, 

v.

PINNACLE ASSET GROUP, LLC,

Defendant.

Case No. 3:16-cv-00256-YY

MOTION FOR DEFAULT JUDGMENT

MOTION FOR DEFAULT JUDGMENT

Comes now Plaintiffs, Nathaniel Applefield and Lisbeth Applefield, by and through their 

attorneys, Jacob D. Braunstein and Clarke Balcom, P.C., and hereby request the Court, pursuant 

to Rule 55(b)(1) of the Federal Rules of Civil Procedure, for the entry of a judgment by default 

against the defendant.

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Page 2 of 2 – MOTION FOR DEFAULT JUDGMENT Clarke Balcom, P.C.

1312 SW 16th Ave, 2nd Floor

Portland, OR 97201

Tel: (503)224-5950 

Fax: (503)467-4669

The record in this case and the Declaration of Counsel submitted herein demonstrate that 

there has been a failure to plead or otherwise defend as provided by Rule 55(a) of the Federal 

Rules of Civil Procedure.

Respectfully submitted this 27th day of May 2016,

CLARKE BALCOM, P.C.

By: /s/ Jacob D. Braunstein 

Jacob D. Braunstein, OSB No. 062849

Email: jbraunstein@clarkebalcomlaw.com

1312 SW 16th Ave., 2nd Floor

Portland, OR 97201

Telephone: 503-224-5950

Fax: 503-467-4669

Of Attorneys for Plaintiff
Page 1 of 2 – DECLARATION OF COUNSEL Clarke Balcom, P.C.

1312 SW 16th Ave, 2nd Floor

Portland, OR 97201

Tel: (503)224-5950 

Fax: (503)467-4669

Jacob D. Braunstein, # 062849

jbraunstein@clarkebalcomlaw.com

CLARKE BALCOM, P.C. 

1312 SW 16th Ave, 2nd Floor

Portland, OR 97201-2516

Telephone (503) 224-5950

Fax (503) 467-4669 

Attorney for Plaintiff

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

PORTLAND DIVISION

NATHANIEL J. APPLEFIELD,

LISBETH APPLEFIELD,

Plaintiffs, 

v.

PINNACLE ASSET GROUP, LLC,

Defendant.

Case No. 3:16-cv-00256-YY

DECLARATION OF COUNSEL IN 

SUPPORT OF MOTION FOR DEFAULT 

JUDGMENT

I, Jacob D. Braunstein, being first duly sworn, state the following:

1. I am the attorney for the Plaintiffs in the above-entitled action.

2. I make this Declaration in support of Plaintiff’s Motion for Default Judgment. 

3. A complaint was filed in the above-entitled case on February 11, 2016 and service of 

process was had on the defendant on February 24, 2016.

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Page 2 of 2 – DECLARATION OF COUNSEL Clarke Balcom, P.C.

1312 SW 16th Ave, 2nd Floor

Portland, OR 97201

Tel: (503)224-5950 

Fax: (503)467-4669

4. More than twenty-one days have elapsed since the defendant in this action was served, 

and the defendant has failed to plead or otherwise defend as provided by the Federal Rules of 

Civil Procedure.

5. The defendant has failed to appear, plead, request additional time within which to 

respond, or otherwise defend within the time allowed and, therefore, is in default.

6. On March 17, 2016, our office attempted to contact the defendant’s registered agent, 

Raymond Stilwell, Esq., to determine if the defendant intended on appearing in this action.

7. On April 8, 2016, our office filed a Request for Entry of Default and served a copy 

upon the defendant’s registered agent, Raymond Stilwell, Esq.

8. To date, our office has not received any communications from the defendant or its 

agents indicating that the defendant intends to appear in this action.

9. Plaintiffs’ claims are not for a sum certain and a hearing may be necessary to 

determine the amount of damages.

I hereby declare that the above statement is true and accurate to the best of my 

knowledge and belief, and that I understand it is subject to penalty for perjury.

Respectfully submitted this 27th day of May, 2016.

CLARKE BALCOM, P.C.

By: /s/ Jacob D. Braunstein 

Jacob D. Braunstein, OSB No. 062849

Email: jbraunstein@clarkebalcomlaw.com

1312 SW 16th Ave., 2nd Floor

Portland, OR 97201

Telephone: 503-224-5950

Fax: 503-467-4669

Of Attorneys for Plaintiffs
Page 1 – CERTIFICATE OF SERVICE Clarke Balcom, P.C. 

1312 SW 16th Ave, 2nd Floor

Portland, OR 97201

Tel: (503)224-5950 

Fax: (503)467-4669

CERTIFICATE OF SERVICE

I hereby certify that I caused the foregoing Plaintiff’s MOTION FOR DEFAULT 

JUDGMENT and DECLARATION OF COUNSEL to be served on the following person(s):

Raymond C. Stilwell

Law Offices of Raymond C. Stilwell

4476 Main St., Suite 120

Amherst, NY 14226

by the following indicated method or methods: 

 by CM/ECF electronically mailed notice from the Court on the date set forth below. 

 by mailing full, true and correct copies thereof in sealed, first class postage prepaid envelopes, 

addressed to the parties and/or their attorneys as shown above, to the last-known office addresses 

of the parties and/or attorneys, and deposited with the United States Postal Service at Portland, 

Oregon, on the date set forth below. 

 by causing full, true, and correct copies thereof to be hand-delivered to the parties and/or their 

attorneys at their last-known office addresses listed above on the date set forth below. 

 by sending full, true, and correct copies thereof, via overnight courier in sealed, prepaid 

envelopes, addressed to the parties and/or their attorneys as shown above, to the last-known 

office addresses of the parties and/or their attorneys, on the date set forth below. 

 by faxing full, true, and correct copies thereof to the faxmachines which are the last-known 

fax numbers for the parties’ and/or attorneys’ offices, on the date set forth below.

Dated: May 27, 2016.

/s/ Jacob D. Braunstein

Jacob D. Braunstein, OSB No. 062849

of Attorneys for Plaintiff

Clarke Balcom, P.C.

1312 SW 16th Ave, 2nd Floor

Portland, OR 97201-2516

Telephone: 503-224-5950

Fax: 503-467-4669