Did Anybody Know?

[bmielke]

Did anybody know that in 1995 David Merrill Van Pelt sued the International Monetary Fund. I was on PACER looking up a case I am following here in the Middle District of Tennessee and as I often do I switched over to CO to seeif DMVP was up to anything, and so tonight I put in David Van Pelt usually I just put in David Merrill. Low and behold from 1995-2001 he as sueing the IMF for $25,400,000

U.S. District Court
District of Colorado (Denver)
CIVIL DOCKET FOR CASE #: 1:95-cv-03136-WYD

Van Pelt v. Agents Intl Mon Fd, et al
Assigned to: Chief Judge Wiley Y. Daniel
Demand: $25,400,000
Case in other court:
Cause: 28:1332 Diversity-Libel,Assault,Slander
Date Filed: 12/14/1995
Date Terminated: 04/10/1996
Jury Demand: None
Nature of Suit: 370 Fraud or Truth-In-Lending
Jurisdiction: Diversity
Plaintiff
David Van Pelt represented by David Van Pelt
P.O. Box 643
Divide, CO
PRO SE


V.

Defendant
Agents for International Monetary Fund Internal Revenue Service represented by Joel J. Roessner
U.S. Dpartment of Justice-DC Tax Division
Tax Division
P.O. Box 683
Ben Franklin Station
Washington, DC 20044
202-307-6413
Fax:
TERMINATED: 05/01/1996
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Philip Edward Blondin
U.S. Department of Justice-DC-Tax Division-#683
P.O. Box 683
Ben Franklin Station
Washington, DC 20044-0683
202-307-6322
Fax: 202-307-0054
Email: Philip.Blondin@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

William George Pharo
U.S. Attorney's Office-Denver
1225 17th Street East
Seventeenth Street Plaza
#700
Denver, CO 80202
303-454-0100
Fax: 303-454-0407
Email: william.pharo@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Agents for International Monetary Fund IRS, District Director represented by Joel J. Roessner
(See above for address)
TERMINATED: 05/01/1996
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Philip Edward Blondin
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

William George Pharo
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Tom Walker
Revenue Officer represented by Joel J. Roessner
(See above for address)
TERMINATED: 05/01/1996
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Philip Edward Blondin
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

William George Pharo
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Stephanie Allen
Revenue Officer represented by Joel J. Roessner
(See above for address)
TERMINATED: 05/01/1996
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Philip Edward Blondin
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

William George Pharo
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Robert Rubin
Principal, Govenor of International Monetary Fund, Secretary of the Treasury represented by Joel J. Roessner
(See above for address)
TERMINATED: 05/01/1996
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Philip Edward Blondin
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

William George Pharo
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Elaina Leo
other
Mountian Technical, Inc. represented by Don A. McCullough
Don A. McCullough, Attorney at Law
950 South Cherry Street
#710
Denver, CO 80246
303-782-4900
Fax: 303-759-3355
Email: donmccullough@qwestoffice.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Charles Leo
other
Mountian Technical, Inc. represented by Don A. McCullough
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Ardis W. Schmitt
El Paso County Clerk and Recorder as Co-Conspirator represented by James P. Kelly
County Attorney's Office
El Paso County
27 East Vermijo Avenue
Colorado Springs, CO 80903
719-520-6485
Fax:
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Mountian Technical, Inc. represented by Don A. McCullough
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED


Date Filed # Docket Text
12/14/1995 1 Verified COMPLAINT of Libel in Admiralty in Re: Libel of Rview, Complaint of involuntary Servitude and Peonage re: all property and rights to work and to his estate and trust (Summons(es) issued) (former empl) (Entered: 12/15/1995)
12/14/1995 FILING FEE PAID: on 12/14/95 in the amount of $ 120.00, receipt # 176614. (former empl) (Entered: 12/15/1995)
12/14/1995 2 Affidavit (STATEMENT) by plaintiff David Van Pelt documents re: payment of filing fee (affidavit is not notarized, although name of pleading is affidavit) [0-0] (former empl) (Entered: 12/15/1995)
12/15/1995 3 RETURN OF SERVICE of Summons and Complaint upon Service Officer Stephen Webb for defendant Agents Intl Mon Dir, defendant Tom Walker, defendant Stephanie Allen on 12/14/95, to Service Officer at El Paso County Clerk and Recorder for defendant Ardis W. Schmitt on 12/14/95 defendant Elaina Leo, personally on 12/15/95 and Elaina Leo for defendant Charles Leo on 12/15/95. Complaint served by international registered mail to International Monetary Fund IRS on 12/15/95 (gms) (Entered: 12/18/1995)
12/15/1995 4 Crime REPORT by plaintiff David Van Pelt (lam) (Entered: 12/29/1995)
01/02/1996 5 Motion by defendant Ardis W. Schmitt to dismiss for failure to state a claim before Judge Wiley Y. Daniel (lam) (Entered: 01/02/1996)
01/03/1996 6 "Amendments" (STATEMENT) by plaintiff David Van Pelt re: correcting the nature of suit re: complaint [1-1] (gms) (Entered: 01/03/1996)
01/03/1996 7 MINUTE ORDER : by Judge Wiley Y. Daniel. Pltf to respond by 1/16/95 to deft Schmitt's [5-1] motion to dismiss for failure to state a claim before Judge Wiley Y. Daniel. Deft may reply w/in 5 days of resp (cc: all counsel) ; entry date : 1/3/96 (gms) (Entered: 01/03/1996)
01/04/1996 8 MOTION by defendant Elaina Leo, defendant Charles Leo to extend time to answer to 1/24/96 (lam) (Entered: 01/05/1996)
01/05/1996 9 ORDER by Judge Wiley Y. Daniel granting motion to extend time to answer to 1/24/96 [8-1] (cc: all counsel) ; entry date : 1/9/96 (lam) (Entered: 01/09/1996)
01/16/1996 10 RESPONSE by plaintiff David Van Pelt to motion to dismiss [5-1] (lam) (Entered: 01/18/1996)
01/23/1996 11 REPLY by defendant Ardis W. Schmitt in support of motion to dismiss [5-1] (lam) (Entered: 01/24/1996)
01/23/1996 12 Motion by US to dismiss pla's claims against cert dfts before Judge Wiley Y. Daniel (The IRS, Dist Dir, Revenue Officer Tom Walker, Stephanie Allen & Robert Rubin) (lam) (Entered: 01/24/1996)
01/24/1996 13 Motion by defendant Mountian Tech Inc, defendant Elaina Leo, defendant Charles Leo to dismiss or in the alternative for more definite statement before Judge Wiley Y. Daniel (lam) (Entered: 01/26/1996)
01/25/1996 14 Supplementary Memorandum (BRIEF) FILED by plaintiff David Van Pelt (lam) (Entered: 01/26/1996)
01/26/1996 15 MINUTE ORDER : by Judge Wiley Y. Daniel regarding [13-1] dfts Mountain Technical Auto-Dialer, Inc.'s motion to dismiss or in the alternative for more definite statement, pla to respond by 2/10/96 (cc: all counsel) ; entry date : 1/30/96 (lam) (Entered: 01/30/1996)
01/29/1996 16 MINUTE ORDER : by Judge Wiley Y. Daniel; regarding [12-1] US & Rubin motion to dismiss pla's claims against cert dfts; pla to respond by 2/9/96, dft US may reply w/in 7 days date response is served; this minute order was inadvertently filed in Case No. 94-D-2486 (cc: all counsel) ; entry date : 1/31/96 (lam) (Entered: 01/31/1996)
01/31/1996 17 RESPONSE by plaintiff David Merrill, Van Pelt to motion to dismiss pla's claims against cert dfts [12-1] (lam) (Entered: 01/31/1996)
02/01/1996 18 RESPONSE by plaintiff David Van Pelt to motion to dismiss or in the alternative for more definite statement [13-1] (lam) (Entered: 02/01/1996)
02/29/1996 Tendered writ of mandamus submitted by plaintiff David Van Pelt (lam) (Entered: 02/29/1996)
04/09/1996 19 LETTER to court from plaintiff David Van Pelt advising of mailing location (lam) (Entered: 04/10/1996)
04/10/1996 20 ORDER by Judge Wiley Y. Daniel: granting dft Ardis W. Schmitt's dismiss for failure to state a claim [5-1]; granting dfts Mountain Technical Auto-Dialer Repair, Inc., Elaina Leo & Charles Leo's motion to dismiss [13-1]; granting US motion to dismiss pla's claims against IRS, Dist Dir, Revenue Officers Walker, Allen & Rubin; before Judge Wiley Y. Daniel [12-1]; dismissing action ; that the court denies dfts' req for atty's fees (cc: all counsel) ; entry date : 4/12/96 (lam) (Entered: 04/12/1996)
04/29/1996 21 ATTORNEY APPEARANCE for gov dfts, Agents Intl Mon Fd, Agents Intl Mon Dir, Tom Walker, Stephanie Allen, Robert Rubin by Philip Blondin and mtn for an order allowing w/drawal of csl Roessner (lam) (Entered: 05/01/1996)
04/29/1996 21 Entry of Appearance and MOTION by gov dfts, Agents Intl Mon Fd, Agents Intl Mon Dir, Tom Walker, Stephanie Allen, Robert Rubin to withdraw attorney Roessner (lam) (Entered: 05/01/1996)
05/01/1996 22 MINUTE ORDER : by Judge Wiley Y. Daniel granting motion to withdraw attorney Roessner as csl for government and shall be replaced by Blondin [21-1] (cc: all counsel) ; entry date : 5/2/96 (lam) (Entered: 05/02/1996)
06/19/1996 23 Named as : Writ of Absolute Mandamus (Motion) by plaintiff David Van Pelt in pleading he is referring to himself as David Merrill for default judgment against Robert Rubin before Judge Wiley Y. Daniel (former empl) (Entered: 06/19/1996)
04/15/1997 24 ORDER by Judge Wiley Y. Daniel denying motion for default judgment against Robert Rubin [23-1]; the clerk shall take the necessary steps to close this case (cc: all counsel) ; entry date : 4/17/97 (lam) (Entered: 04/17/1997)
05/13/1997 25 NOTICE by plaintiff David Van Pelt (lam) (Entered: 05/15/1997)
05/13/1997 MAIL Returned order [24-1] [24-1] addressed to plaintiff David Merrill, Van Pelt - refused (lam) (Entered: 05/15/1997)
10/02/1997 26 PUBLIC NOTICE by David Merrill (former empl) (Entered: 10/03/1997)
04/05/2001 27 LETTER to Steve Ehrlich with attachments from plaintiff David Merrill advising he forgot to include the attachments with the certificate of exigent circumstances (lam) Modified on 04/25/2001 (Entered: 04/06/2001)
04/12/2001 28 LETTER to court from David Miller to please conjoin the attached certificate with the attachments mentioned on the docket of # 27 (lam) (Entered: 04/25/2001)
04/13/2001 29 LETTER to court from David Merrill re: certificate of exigent circumstances mailed last week was not acknowledged by the court (copy attached) (lam) (Entered: 04/25/2001)
04/27/2001 30 LETTER from the court re: letter [29-1] to Pla (erv) (Entered: 04/30/2001)
05/02/2001 31 CERTIFICATE of exigent circumstances under the supplemental rules of Admiralty by plaintiff David Van Pelt(David Merrill) (erv) (Entered: 05/04/2001)
05/08/2001 32 LETTER to court from plaintiff David Van Pelt re: certificate [31-1] (erv) (Entered: 05/10/2001)
05/29/2001 33 STATEMENT by Pla David Van Pelt a/k/a David Merrill re: Authority of the "Last Star Chamber" (erv) (Entered: 05/30/2001)
05/30/2001 34 ORDER by Judge Wiley Y. Daniel; This matter is before the ct upon review of the file. Between April 5, 2001 and May 29, 2001, Pla has filed various letters and documents in this action. This action, however,was dismissed on 4/10/96. Pla is advised that this matter is no longer pending before the ct. Accordingly, it is hereby ORDERED that Pla shall not file any additional documents in tis case. date : 5/31/01 (erv) (Entered: 05/31/2001)
07/05/2001 MAIL Returned order [34-1] addressed to plaintiff David Van Pelt (erv) (Entered: 07/09/2001)

It's too old to look at the complaint.

[Judge Roy Bean]

It's proof that mental illness is not something that is self-correcting.

[notorial dissent]

This was just another one of Merrill's many attempts at enhanced frivolity, and another of his failures I had forgotten.

As usual the whole thing is nonsense, and in this case it went up in front of Judge Daniels who has almost as much contempt for Merrill as Judge Nottingham did, the difference being that Wiley is generally polite about calling someone a useless ass, which is pretty much what happened here by the time he got done. Regrettably it took him almost five months to dismiss it as so much bloviation and nonsense, but dismiss it he did, specifically for not stating a claim, at least one anyone sane could comprehend.

It took the legal genius another three months to figure out his landmark suit had been round filed, just like all his other legal efforts.

[The Observer]

Well that puts David's court record at what? 0-5?

[notorial dissent]

I think more likely 0-6 since I seem to remember at least another utter failure in there somewhere, but can't find my notes on it now, and that is only at the Federal level, I'm sure he has cluttered the Colorado dockets as well, although those courts don't seem to be as patient with that sort of things as the Feds are currently.

[bmielke]

I think more likely 0-6 since I seem to remember at least another utter failure in there somewhere, but can't find my notes on it now, and that is only at the Federal level, I'm sure he has cluttered the Colorado dockets as well, although those courts don't seem to be as patient with that sort of things as the Feds are currently.

I think you are right about Colorado he is barred from the practice of law by their AG, that just doesn't happen.