IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI FAMILY COURT DIVISION AT KANSAS CITY IN RE THE MARRIAGE of : MICHAEL E MCKINZY SR, and Division 43 CARLETHA R MCKINZY-GATSON, Respondent. d ) ) ) Case No. 02-FC200809-04 ) ) ) MOTION AND ORDER FOR ENTRY OF DEFAULT JUDGMENT PURSUANT ‘TO MISSOURI SUPREME COURT RULE 61.01 (b)2 COMES NOW the Petitioner, Michael E. MeKinzy, Sr, pursuant to Missouri Rules of Civil Procedure 61.01(6)(2) hereby move this Court for entry of Default Judgment against Respondent for failure to answered any interrogatories or serve any ‘objections there:o within the additional time ordered by the Court. This motion is based “upon the follow:ng Memorandum: STATEMENT OF FACTS 1, On March 12, 2016, Petitioner served via first-class posta prepaid mail a copy of the Petitioner's Interrogatories and Request for Documents and Admissions. 2. An original mailing certificate was filed with this Court. (See Exhibit~A~) 3. Respondent has neither produced any documents nor answered any interrogatories or served objects thereto within the time provided by law and as ordered by the Court. Asa result Petitioner has been prejudiced in preparation for tral by not having reveived any of Petitioner's discovery responses. I[PazeDEFAULT JUDGMENT MUST BE ENTERED. MISSOURI RULES OF CIVIL PROCEDURE 61.01 (b)(2) states as follows: “Upon the showing of reasonable excuse, grant the party failing to answer the interrogatories additional time to serve answers, bul such order shall provide that if the party fails to answer the interrogatories within the additional time allowed, the pleadings of such party shall be stricken or the action shall be dismissed or a default judgment shall be rendered against the disobedient party.” On March 12, 2016, Petitioner served via first-cless postage-prepaid mail a copy of Petitioner's Interrogatories upon the Respondent. An original certificate of service was filed with this Court. (See Exhibit ~A~) The time set forth in Rule 57.01 would allow for a response or objections to said Interrogatories to be filed by April 14, 2016, by the Respondent Petitioner filed his Golden Rule Letter and Motion to Compel Discovery and/or for Sanctions on April 13, 2016, which was granted by the Court on April 15, 2016, mandating that Respondent respond to all discoveries propounded on her by May 1, 2016. As of May 14, 2016, Petitioner hes not received any responses nor objections from Respondent with regard interrogatories propounded on her. As it states in Rule 61.01(b)(2),“...ifthe party fails to answer the intermogatories within the additional time allowed. the pleadings of such party shall be stricken or the action shall be dismissed or a de‘ault judgment shall be rendered against the disobedient party.” Rules 61.01(b)2) expressly authorize striking pleadings and the entry of judgment by default as permissible sanctions for failure to answer interrogatories. Bidson ex rel. Webster, 7 SW 3d 495, 499 (Mo. App. WD. 199). 21PaseAs stated previously Respondent has failed to entively to comply with Rule 57.01. Respondent’ failure to answers interrogatories despite given additional time to do so, indicates an obvious lack of effort and a veiled attempt at intentional defiance of this Court's Order. CONCLUSION ‘THEREFORE, based upon the foregoing, Petitioner respectfully requests, ‘that this Court enter Default Judgment against Respondent, rng n fy pean ed, j 7 Hu le Michael B. McKinzy, Sr 9606 W. 86” St. Apt. D Overland Park, KS 66212 (913) 742-3621 michaelmekinzy@email.com Petitioner, Pro se 3[PazeI hereby certify that on this 14" of May 2016, I mailed Petitioner's Motion and Order for entry of Default Judgment to Attorney for Respondent (pursuant to Limited Scope Entry) and Respondent by First Class Mail postage prepaid to the following addresses: Carletha R. MeKinzy-Gaston 8904 Cambridge Apt. 3205 Kansas City, Missouri 64138 Sandra Grant Hessenflow, #40346 2029 Wyandotte Street, Suite 100 Kansas City, Missouri 64108 ‘Telephone: | (816) 531-6055 Facsimile: (816) 221-2508 serant@ke.r.coy Attomey for Respondent (pursuant to Limited Scope Entry) Mibed & Mohirgn de 5 Michael E. MeKinzy, Sr.Exhibit ~A~IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI FAMILY COURT DIVISION AT KANSAS CITY IN RE THE MATTER OF: MICHAEL E MCKINZY SR, Petitioner, Case No. 02-FC20809-04 and Division 43 CARLETHA R MCKINZY-GASTON, Respondent. CERTIFICATE OF SERVICE. ‘On March 12, 2016, I served the following: 1. Petitioner's Frst Interrogatories to Respondent Carletha R. McKinzy-Gaston, 2, Petitioner's F rst Request for Production of Documents to Respondent Carletha R, ‘MeKinzy, and 3, Petitioner's First Request for Admissions to Respondent Carletha R. MeKizy- Gaston, by US. First Class Mail postage prepaid at the following address: Carletha R. MeKinzy-Gaston 8904 Cambridge Apt. 3205 Kansas City, Missouri 64138 Respectfully submited, {Nidedé, Melbeyph sean Michael E. McKinzy, 7689 Charles St. Apt. 102 Lenexa, KS 66216 (913) 742-3621 michaelmekinzy@gnail.com Petitioner, Pro seINTHE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI "AT KANSAS CITY FAMILY COURT DIVISION MICHAEL MCKINZY, ) Petitioner, ) > and )} Case No: 02-FC200809-04 ) CARLETHA MCKINZY, ) Division 43 Respondent, } AMENDED ORDER [Now on this 15th day of April, 2016, the Court takes up for consideration Petitioner's Motion to Compe! Discovery and/or for Sanctions, filed herein on Apel 13, 2016, Afr earful consideration and for good eause shown sid Motion is GRANTED. Respondent shal espond to all discovery propounded on her by May 1, 2016. IT IS SO ORDERED. Rey oe : 2 lage 4-306 hig ffoece DATE DAVID P. KINMINAU, COMMISSIONER CERTIFICATE OF SERVICE “This is to certify that a copy of the foregoing was hand deivered/faxedlemaiediailed andor sent through the ling system tothe following on _20-Ar-2016 to cel Mekiny -7689-Charles Street Aptte2— “Jot, LI, Fé. Sf Peltonen Bel, > OP bs Glee Carletha MekGinzy.Gaston 8904 Cambridge, Apt 3205 Kansas City, Missouri 64138 Respondent noe Ze. Bf tantHE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI FAMILY COURT DIVISION AT KANSAS CITY IN RE THE MARRIAGE of : MICHAEL E MCKINZY SR, Petitioner, Case No. 02-FC200809-04 and Division 43 CARLETHA R MCKINZY-GATSON, Respondent, ORDER OF DEFAULT JUDGMEN Based upon Petitioner’s Motion for Default Judgment and for good cause shown, IT IS HEREBY ORDERED that Default Judgment is entered against Respondent pursuant Missouri Supreme Court Rule 61.01(b)(2)- IT IS SO ORDERE! DATE DAVID P. KIMMINAU, COMMISSIONER