Viral Sovereign Citizen Remanded Again — License Truth Exposed Judge Had Zero Mercy!

Ajouté : 2026-06-02

[00:00:00]Good afternoon, may it please this honorable court, Deonna Webster Cox appearing on behalf of Mr. Harris. How are you, your honor?

[00:00:08]>> We will see.

[00:00:09]>> We're good.

[00:00:10]We're good.

[00:00:12]>> Um Mr. Brown or somebody from the PD's office because I did not get a substitution. I got an appearance.

[00:00:19]>> Oh, I've got a substitution right here.

[00:00:22]>> It's signed off on.

[00:00:23]>> It is.

[00:00:24]>> All right, then I don't need to address I don't need to address the public defender's motion to withdraw.

[00:00:34]I'll consider that withdrawn given the substitution.

[00:00:38]I do have an appearance and I will sign off on the substitution.

[00:00:43]>> Thank you.

[00:00:44]>> Thank you.

[00:00:45]All right, what are we doing today?

[00:00:49]>> So, your honor, we were going to There's several options that my client >> Well, and I I want you to know, counsel, that um because of certain things, the court has a number of things I have to say.

[00:01:03]Because I have because I think the record given particularly some of Mr. Harris's comments with reference to this court potentially acting what at least is I'm to understand is on um what some may be or is it Let's put it this way.

[00:01:31]People are saying and quite frankly your client has made the assertion that that Pittsfield Township as well as this court was acting on some type of defective or faulty information.

[00:01:45]Which I will tell you, counsel caused the court given what the court did to investigate what my ruling you, sir.

[00:01:57]And I will tell you that that assertion is absolutely correct with reference to any faulty information that either came through to the Pittsfield Township Department of Public Safety or to this court ultimately at the May 15th hearing.

[00:02:18]And I think it needs to be stated I've been asked for comment. I have refrained from comment as my normal practice is this court with a pending case will speak on the record. And so I am going to make sure that the record is very, very clear as to what this court knows and what this court acted on on May 15th.

[00:02:40]And we can start with this. And my basis for doing it is because of what was said about what this whole process was.

[00:02:51]And that an indication, counsel, and I know counsel, you've been before me before. I know it is not coming from you.

[00:03:00]But you also know how I am. And and the thing is is that if for whatever reason the one time in my life I was wrong, I will say it and did.

[00:03:13]But if when I'm not wrong and when people are not to blame then it also needs to be said.

[00:03:21]So I will try to get through this as quick as I possibly can.

[00:03:25]But I will tell you first of all with any reference to your client having had a license on that day.

[00:03:36]And some indication or misunderstanding as to whether or not he had a license.

[00:03:41]Let me make it very clear based upon what the court looked at he has never had a Michigan license, ever.

[00:03:49]And has never had a license in the other 49 states and commonwealths that form up this great union.

[00:03:54]He has never had a license.

[00:03:57]In point of fact, when they suspended his license, and what people don't understand, when they suspended his license in Saginaw, they don't suspend the license, they suspend the privilege to drive in this state.

[00:04:12]Hence, for example, if he had had a Kentucky license, he would be able to drive everywhere that Kentucky would allow him to drive, he just couldn't drive in Michigan because his privileges have been restricted.

[00:04:24]I know you know that, but that wasn't at all said, but it doesn't matter because he didn't have a license ever. There's also then and you know, I will, when it is necessary, come to the defense of my sister courts, and I will come to the defense of Saginaw. They got a great chief judge.

[00:04:47]Chief Judge answered the question.

[00:04:49]But, I will tell you, that court and its friend of the court did nothing wrong.

[00:04:57]His license was his driving privileges, better stated, were unsuspended in 2022.

[00:05:06]That required Mr. Harris to do something.

[00:05:11]He didn't do it.

[00:05:14]Therefore, the friend of the court was under no obligation to send anything to the Secretary of State.

[00:05:20]Now, I hated that I had to look at all of this, but when there's a question as to what I did, I'm going to look at everything to make sure that what I did was all in order.

[00:05:29]There's then an indication from that that because that wasn't sent, there was a direct attack on Michigan's Department of Secret- Secretary of State's office, saying that the Secretary of State was somehow at fault.

[00:05:48]Let me tell you something. Secretary of State did what they were supposed to do.

[00:05:52]And in point of fact, they did nothing because they hadn't gotten anything from the court because Mr. Harris had not paid the reinstatement.

[00:06:01]This week or latter part of last week, once he paid that, Secretary of friend of the court did what they should do and they sent it.

[00:06:11]Immediately, based upon the information that I have, the Secretary of State did what they do every day.

[00:06:19]They took that suspension off of his driving record and he was then unsuspended.

[00:06:26]And then, your client did what he needed to do with reference to the Secretary of State and paid the reinstatement.

[00:06:36]All right.

[00:06:37]Just a second, Mr. Mr. Schiller, I'll let I'm going to let everybody respond because I I have >> Thank you.

[00:06:42]>> I am I am not done yet.

[00:06:45]>> Okay.

[00:06:45]>> All right?

[00:06:46]>> You've covered a lot of the points for me. Thank you.

[00:06:49]>> And so, that came down to that. So, the information at the time that I had, that Pittsfield Department of Public Safety had, was all correct at the time of both Pittsfield stop as well as the May 15th day.

[00:07:13]It was all correct. There was no error by anybody.

[00:07:19]It was a failure on the part of Mr. Harris to do certain things. Now, I grant you that sometimes that can be a complicated process, but it was certainly not anybody's fault that that didn't happen other than that wasn't paid. Now, here's the other thing and I'm like maybe at church where I "I'm I'm about finished now." But the other part of this is this stop was in October.

[00:07:54]Most of the cases that we've heard just in this last afternoon are driving while license suspended cases. That's part of my Wednesday afternoon.

[00:08:04]We go through great pains to try to get people their licenses back.

[00:08:09]Which is really how it should happen.

[00:08:13]Between October and and because I don't live under a rock, I actually watch things.

[00:08:21]You look very nice on TV.

[00:08:23]>> Thank you.

[00:08:24]>> You're welcome.

[00:08:26]There was something that was said that was very disturbing to me.

[00:08:31]And I'm just going to let you know because I believe in being fair with everybody.

[00:08:37]Question was asked along the lines between October of 2023 and the point in time of the May 15th hearing.

[00:08:50]Was there an attempt by Mr. Harris to correct his license?

[00:09:00]Here's the part that was disturbing for me. So that you know.

[00:09:03]>> Okay.

[00:09:05]>> Mr. Harris indicated that at some point he had been involved in some accident.

[00:09:12]Then being me involved into the accident that he was basically bedridden or at least housebound, he could not get to the Secretary of State.

[00:09:23]I was set up there and I think I don't I'm going to presume because I don't my knowledge of counsel defense counsel is, I know you don't misrepresent anything.

[00:09:36]>> Right.

[00:09:37]>> You never do.

[00:09:38]>> Right.

[00:09:42]>> That's not true.

[00:09:44]>> Okay.

[00:09:46]>> He purposely stated that he could not get to the Secretary of State.

[00:09:51]Which for the way we handle things in this court would have placed him in a whole different category. We would have tried to find a way. Let's figure it out.

[00:10:00]And the reason I know that is because Mr. Harris, on December 28th of 2023, do you know where you were?

[00:10:13]>> December 28th of 2023.

[00:10:17]>> 23rd.

[00:10:17]>> 2023.

[00:10:23]>> I know I was lay I was laid up from from my >> You were at the Secretary of State's office.

[00:10:31]And you were at the Secretary of State's office cuz you re You redid and got your new Michigan ID.

[00:10:45]I have the date.

[00:10:47]That's the date you did it.

[00:10:50]December 28th, 2023. You did. And so that you also know, and in all fairness to counsel, because I don't know if counsel knows this or not, the way I know that he's never had a license is because May 3rd, 1999, he's never He He was 19 at the time. May 3rd, 1999, he applied for his first Michigan ID.

[00:11:15]Counsel knows.

[00:11:17]So I do.

[00:11:18]You cannot have both.

[00:11:21]You either have an ID or you have a license.

[00:11:23]One of the two.

[00:11:26]He has religiously, every year, um gotten a new ID.

[00:11:37]And so he knows that he doesn't have a license.

[00:11:43]And quite frankly, I just wish he would have said that at the beginning.

[00:11:49]And all of this hoopla could have been just put all aside.

[00:11:54]And we go through the process as we do with all the people coming here to try to get him his license back.

[00:12:01]But his falsehoods, misstatements are not going to fare him well in this court.

[00:12:10]I'm done for now.

[00:12:13]I'm sure I will have something else to say.

[00:12:16]Whoever, which whichever one of you would like to speak first, you may.

[00:12:20]>> I'll wait to go last.

[00:12:23]>> Yes, um I spent yesterday at the Bristol Town Police Department with Officer Moniz there for the traffic stop in this case.

[00:12:31]Um I also noticed the December 28th, 2023 date. And I I noticed the beginning of that and the court just went through that and said he's clean. I thank you for that.

[00:12:42]Um in addition, at the traffic stop, I with when I was at the police department yesterday, we watched the body cam video. At least twice during this traffic stop, he acknowledged to the officer that he did not have a valid license.

[00:12:58]Quote unquote, quote, "Actually, I don't have a valid license." Close quote.

[00:13:04]The question was, "Are you a valid driver?"

[00:13:07]Quote, "I am not." Close quote.

[00:13:12]So, you know what? This This is all All this hoopla and the circus atmosphere, it is In my opinion, it's an affront to the justice system.

[00:13:21]I mean, I've been prosecutor for more than 30 years.

[00:13:25]And to see this kind of hoopla around it, driving while license suspended case is ridiculous.

[00:13:31]And it wasn't caused by this court. It wasn't caused by Pisgah Township Police Department. It was caused by the extrajudicial statements made outside this courtroom.

[00:13:42]>> Thank you.

[00:13:43]>> Okay.

[00:13:44]>> So, go ahead, counsel.

[00:13:45]>> Thank you, Your Honor. Thank you very much. Well, first thing I'd like to say is very first thing is we're here and we we we all saw this video. We didn't I wasn't in the court. I wasn't even on YouTube watching the court today, right?

[00:14:01]I saw it because someone saw it and decided to make a decided to post it. I can assure you that that was not Mr. I don't think he has the capacity to be able to post it like that on YouTube or or Instagram.

[00:14:15]So, that was not him. And it happened to take take off and go viral. So, he had no What we saw was him saying what? I'm He was driving which he should not have been driving, right? We're not We're told not to drive on Zoom while doing that. So, that's how this came to came came to the attention cuz the court I saw you and said I can't believe this.

[00:14:35]Is he driving?

[00:14:37]And we all said that everyone who saw that video asked the same question. And that just it became the it became a joke. It became a complete joke. Now, with respect to why what we want to do and I cannot say anything is with respect to what my client has said, but when we talk about the hoopla, my client didn't start the hoopla. Perhaps he's made some comments, but he didn't start the hoopla whatsoever. That was someone that was outside that was outside of his control as to how it went viral. He had no control over that and that I'm going to stand on that. He did not He did not send it out to Instagram. He didn't send it out to whoever. He didn't do that part. So, with respect to did he have a I don't want to try this case today >> All right.

[00:15:22]>> at all. But what I want to do is focus on what's good. Now, what was good? That day in October, this officer here, that could have gone a whole other direction, and I'm so happy that you were so kind and courteous to my client. Thank you, officer. Thank you so much. Because it could have gone another direction. We are here right now. My client has a an appointment to go to the Secretary of State for his permit.

[00:15:49]He's working on that. I want to focus on how do we correct this and cure this?

[00:15:53]How do we go forward with this situation?

[00:15:56]Whatever he was not under oath under any things that he said. So, we're not talking about any type of perjury going on.

[00:16:04]Very true, right? So, with that being the case, let's move forward with this.

[00:16:09]He is here. What I'd like This is what I'd like. Because >> Counsel, let me just say this.

[00:16:14]>> Yes.

[00:16:15]>> I would like to move forward, too, on this case. We handle these cases all the time.

[00:16:22]But I will tell you, as you know, having appeared before me, the one thing I don't like is when people don't take responsibility what they've done. When they take responsibility for it, we will use whatever we can to try to get you to another spot. Because it doesn't behoove any of us for you to be in that spot.

[00:16:45]One other thing that I will say, when you say it wasn't started by him, oh, it certainly was. It certainly was when he made his first statement to WXYZ about blaming people for this happening.

[00:17:01]And he shouldn't have done it.

[00:17:04]Because when you look at the whole thing, the person that needed to be blamed Now, we can go back to a very a lot of other points, but I'm not here to embarrass him, but the person that needed to be blamed is the person that he was staring at in the mirror.

[00:17:19]He didn't do what he should have done.

[00:17:21]And that's okay. The majority of people that come here on a license thing didn't do what they were supposed to do. That's like a given.

[00:17:30]They don't go about blaming anybody.

[00:17:32]They just say, "Your Honor, I didn't pay the ticket." Your Honor, I just didn't do it. I just didn't have the time to I just didn't take Whatever.

[00:17:41]Right? Just own it.

[00:17:44]Once you own it, then it becomes a whole lot easier just to move forward.

[00:17:52]Okay, I'm sorry. I interrupted you and I said I wouldn't, but I my court.

[00:17:57]>> I >> [laughter] >> I know who you are and I respect that.

[00:18:02]So, where I am is where I've always been because I can assure you that when he did speak to WXYD, that they he I wasn't representing him.

[00:18:13]I I was representing him yesterday, right? And what did And you would hear heard my message is that what steps are to correct this? And that's what I'm about, Your Honor. How do we correct this? Right? I understand the entire process. I have not gone into detail, but I will take the word of the court and of Mr. Stiller here, brother counsel, and about the background and the and the history of it. But how do we go forward? And that's why and that's why I'm here to sort of minimize You okay?

[00:18:42]Can he He did get into an accident maybe now maybe please, Your Honor.

[00:18:50]Right be- Hold on.

[00:18:52]Okay.

[00:19:03]And now that's real. That's a real injury.

[00:19:07]I have no comment. Okay.

[00:19:10]So, what we're looking for because there are some options here. My client has indicated to me and would like me to indicate to the court that he is in the process of procuring his license at Oh, hopefully that privilege will be available to him, but he does have, as you stated earlier, and I have the receipts. He did pay the reinstatement fee. Those fees are paid. Anything that was out in the previous court, those fees have been paid, and I've been presented with those receipts. In addition, on tomorrow, he got his permit test coming up, and then after that, because he's an adult, he's working on it. So, that he can take advantage of the offers that are available, because as you say, this court does want to help. Absolutely. And with that, because my client was in an accident, and and I haven't seen the medical records, but because of some of the things it could be We don't I don't know.

[00:19:59]But sometimes our memories gets a little get a little foggy.

[00:20:02]Am I going back to 1999? No, I'm not.

[00:20:04]But I'm just saying that I don't want I'm saying from this day forward, he is working diligently to take the steps necessary to get his driver's license, so he can take advantage of the generous offer.

[00:20:22]Thank you.

[00:20:23]>> Yes, ma'am.

[00:20:24]Yes.

[00:20:25]>> Um Yes, Mr. >> going to say Sean, one additional thing.

[00:20:29]I think Mr. Cox, I need to approach the bench.

[00:20:33]It may involve Mr. Allen.

[00:20:36]>> Who's Mr. Allen?

[00:20:37]>> because I know what it is.

[00:20:39]>> Okay. Thank you.

[00:20:40]>> Um >> Who is Mr. Allen?

[00:20:43]>> That's my client.

[00:20:45]>> Oh.

[00:20:47]>> Um I I will give out whatever date I can.

[00:20:52]>> Okay.

[00:20:53]>> Counsel, you probably didn't know this, and I wasn't sure whether prosecutor was going to bring He's got a warrant.

[00:20:59]>> For who? No, I did not know.

[00:21:01]>> Yes. He has a warrant for his arrest.

[00:21:04]Uh a bench warrant out of >> Allen Park >> Allen Park.

[00:21:14]Mr. Allen Park.

[00:21:15]>> 24th District Court >> Okay.

[00:21:22]>> The shocking thing about it for driving while license suspended that he didn't take care of.

[00:21:31]>> Okay.

[00:21:33]Well, like I said, he he wants to handle >> So, what it is is that and it's a valid warrant, I happen to be within their radius of pick up.

[00:21:43]Now, having said that, I don't know if they will pick him up.

[00:21:46]>> Okay.

[00:21:47]>> I will say that when he what should have happened I'm not going to go through and try to figure out whether it did happen.

[00:21:56]But, when he was arrested when he turned himself in on my revocation of bond upon being released, he should have been apprised, warned, and released to go take care of it.

[00:22:12]I don't know whether he was. I really don't care whether he was or not. All I know is that was back at mid-May and it hasn't been taken care of.

[00:22:24]And it's still valid. I was hoping maybe that somebody was going to try and take care of it because I'm sure if you had known they would have been done.

[00:22:38]So much so that part of my delay in getting out of here was to make sure that it was valid. I had my staff run him right before I came out.

[00:22:51]So, that if it had not taken care of in then then fine, we were okay and I didn't need to deal with it.

[00:22:58]>> Right.

[00:23:00]>> But, it's still there.

[00:23:01]>> Okay.

[00:23:02]>> So will July 17th work as a new date for you?

[00:23:12]Come back because as I understand it, he is right now not licensed. So he goes in on Thursday, gets his permit, he's got to drive for at least 30 days.

[00:23:23]Apparently, he knows how to do that part. Sorry, that was that a I'm sorry.

[00:23:27]I'm sorry. I didn't need to say that, but >> We can >> He knows how to do that part, but then he's got to go back, take the test, >> Right.

[00:23:34]>> and then he can do that. He may be able to accomplish it in that time. That 45-day period. If not, I mean, counselor, I'll I just want him to have a license.

[00:23:45]>> We We all want the same thing. One One moment. So the 17th, it may not be me, it will be another attorney from my office who can help me try.

[00:23:54]>> I don't want that.

[00:23:54]>> You You want me?

[00:23:56]>> Yeah.

[00:23:56]>> Okay.

[00:23:57]>> I know you'll never hear me say that.

[00:23:59]>> [laughter] >> But I don't want to go through this whole You You understand it.

[00:24:07]>> Right. No, I get it. So I started trial on the 15th and uh 7th >> What's my date after the 17th?

[00:24:12]>> August 7th.

[00:24:14]>> What about August 7th? We can just put it out and then he can do what he's going to do or not do what he's going to do, but he should be able to >> August 7th at 1:00 or it would be at 9:00 a.m.

[00:24:25]>> It will I will set it at 9:00. We will send it in right now that we have your appearance. So you'll get a direct in right from us as to what time of lock he's in.

[00:24:33]>> Okay, and then I just need one moment to talk to my client. He wants to tell me something.

[00:24:40]>> Okay.

[00:24:41]August 7th at 9:00 a.m.

[00:24:43]>> At 9:00 a.m.

[00:24:45]I'm going to take him into custody on the warrant. The only question that I have is and where I look at the warrant, the bond is looks like $500.

[00:24:54]>> Okay.

[00:24:55]>> Two things. First, I don't know whether or not they'll come get him. If they don't come and get him, we'll we'll release him. We're not going to hold him.

[00:25:04]Um if they are coming to get him and he's going to be held, the only question I would have for you, counsel, is do you want me to set a nominal bond on this so that he gets credit or do nothing and not worry about it? It's I'll leave that up to you.

[00:25:20]>> Okay, that will be but absolutely I want him to be able to get full credit for anything that is necessary. Uh >> So, let's do it this way.

[00:25:27]If he's not So, I'm going to take him in. If for whatever reason he's not released tomorrow, call my office and with the agreement of the I will set a nominal bond on it rather than do it right now so he has to deal with two things. So that you're also clear, part of the reason I'm also doing this is because I think he was wanted and released, didn't take care of it. And secondly, this has been out there for 9 years.

[00:25:56]>> Well, I did not know about it. You're on it. Okay.

[00:25:59]>> Counsel, there is not a doubt in my mind that that's true. You I I believe you did not. I I I I go to the bank on that one any minute cuz I know you would have taken care of it.

[00:26:12]>> Yes.

[00:26:12]>> All right.

[00:26:13]>> It's going to be taken care of today.

[00:26:15]His wife is here and it will be taken care of. So, I will absolutely call your office tomorrow to see what is call the court to see the status of it. Cool.

[00:26:25]We're going to take care of this.

[00:26:26]>> All right.

[00:26:27]>> Okay, that's what we're going to do.

[00:26:28]>> We'll see you in August. Defendant is remanded on the Allen Park matter.

[00:26:32]Sorry, you can go with my bail.

[00:26:39]So, at this point his bond will continue on set.

[00:26:42]Thank you.

[00:26:51]Counsel, as he's going, can you tell him just to be quiet?

[00:26:56]Tell me.

[00:26:58]Yes, come on. Just tell him to just That's exactly what he said.

[00:27:03]>> They did not, Your Honor. They said that he knew where we moved.

[00:27:06]>> Mr. Ellis I just called the case James Semanek versus Travis Ackerman.

[00:27:15]And Nikki Melton. Melton, state your appearance.

[00:27:18]>> For the record, Tom Melton here for the plaintiff and the president of the property owners.

[00:27:24]>> Your names?

[00:27:25]>> Nikki Melton.

[00:27:26]>> Travis Ackerman.

[00:27:27]>> All right.

[00:27:29]Have you folks tried to resolve this matter or no?

[00:27:32]Or is it going to go to trial? Pardon?

[00:27:34]>> We attempted this weekend.

[00:27:36]Um I'm going to do the documentation.

[00:27:39]>> How close were the parties before we go with this?

[00:27:42]>> Not very close, sir.

[00:27:47]>> Mr. Ellis, do you agree with that?

[00:27:50]>> Yes, Your Honor. I mean, the defendants do not feel that they owe any money.

[00:27:54]>> On this matter then, this is the date and time set for trial on the Semanek matter. You ready to proceed?

[00:28:01]>> Yes, Your Honor.

[00:28:02]>> All right.

[00:28:03]Go ahead.

[00:28:04]>> Your Honor, we have filed a motion to amend our complaint to include a complaint for damages and um I have received no response from the defendants.

[00:28:16]>> When was the motion filed?

[00:28:18]>> Yesterday.

[00:28:18]He just called yesterday.

[00:28:22]>> You guys get a copy?

[00:28:24]>> We did receive it.

[00:28:25]He didn't disclose.

[00:28:27]It was addressed on May 21st.

[00:28:29]>> I don't see a copy of a motion.

[00:28:34]>> I can approach the bench and give you a copy.

[00:28:37]>> Do you see it in our thing that it was filed? You do? Yeah.

[00:28:42]>> I have it on me. 20th, plaintiff submitted the motion to amend.

[00:28:47]Being that it's been filed in solely.

[00:28:51]Do any of you reach out to obtain a copy?

[00:28:54]>> Mhm.

[00:28:55]>> Do you need to reach out to obtain a copy?

[00:28:57]>> All right, got one in front of me. When did you guys get a copy of this?

[00:29:02]>> It was It was stated May 21st, 2024.

[00:29:07]>> So, that's a few days after >> And what?

[00:29:10]>> Just before heading into Memorial Day weekend.

[00:29:13]>> 21st?

[00:29:15]>> Yeah, that's that's what's stated May 21st.

[00:29:18]>> But what date did you they postmark? Uh What is that?

[00:29:22]>> postmark on May 21st right here. It's the date that it was sent out.

[00:29:27]>> So, So, this is raising issues that they're entitled to answer regarding the security deposit.

[00:29:48]>> Well, the lease provides that the security >> It doesn't matter what the lease is. I'm talking procedurally you're raising claims regarding the security deposit at this late stage.

[00:30:01]>> Well, they didn't leave a forwarding address or anything.

[00:30:04]>> Well, but that would precisely my point.

[00:30:10]They would be in You haven't alleged that they haven't >> [clears throat] >> in this amend alleged amended complaint.

[00:30:19]Um you're just alleging a claim against the security deposit.

[00:30:25]Because I think as we were here at the last hearing when we were talking briefly about it, they had indicated that they had provided a forwarding address.

[00:30:36]>> Uh I do not believe that's what they said.

[00:30:40]I I >> That is exactly what Is that what you said?

[00:30:44]>> Yes, sir.

[00:30:44]>> Your honor, he >> No, I don't Just answer my question.

[00:30:48]>> Yes, sir.

[00:30:49]>> Yes, sir.

[00:30:49]>> That's exactly what they said.

[00:30:51]>> They did not, your honor. They said that he knew where we moved.

[00:30:54]>> Mr. Ellis.

[00:30:56]They said it the last time. I just said it.

[00:31:01]I asked them to verify that my recollection of what they said is correct. If you have a dispute regarding the facts, fine.

[00:31:09]But if you're telling me that my recollection is incorrect, you're wrong.

[00:31:15]They said it.

[00:31:17]You may disagree. That's fine, but that's an element of any claim against the security deposit. Which is the precisely what I'm saying. Procedurally, this is a problem.

[00:31:39]They're entitled to answer, first of all, the motion to amend. And this is the procedural problem.

[00:31:47]They're entitled to answer the motion to amend. They haven't been provided Was this mailed to them?

[00:31:58]>> Yes.

[00:32:00]>> You know under the court rules, that's not enough time You can't mail it.

[00:32:06]Says on the 17th.

[00:32:11]They don't get it till then. So, they're entitled to answer the motion, and then they'd be entitled to answer the complaint if I were to allow them it to proceed.

[00:32:34]Folks, do you know what you want to do on the the motion.

[00:32:43]That was an unfair question.

[00:32:45]Um Folks, do me a favor. Can you look at that amended complaint for me?

[00:32:57]And look at uh paragraph three.

[00:33:03]You see it? The numbers that are there.

[00:33:06]All right.

[00:33:07]Without telling me why cuz you don't I'm not sure what I'm going to do with this yet.

[00:33:15]Are you disputing the electricity?

[00:33:19]>> The electricity?

[00:33:20]>> The electricity amount.

[00:33:24]>> We had no other collection on that electricity until the last hearing.

[00:33:29]Um so we had no opportunity to then pay Mr. Semple back.

[00:33:34]>> Okay, but >> We won't dispute it.

[00:33:36]>> Let >> Well, I don't have a problem disputing it.

[00:33:39]>> Pardon?

[00:33:40]>> I have no problem disputing it.

[00:33:42]That's why >> You have no problem disputing it or you You have no problem with that. I'm not Okay.

[00:33:49]>> It will be heard.

[00:33:49]>> That's fine. That's fine.

[00:33:55]The $2,400 in rent, are you disputing that?

[00:33:59]>> Yes, sir.

[00:34:00]>> The propane, which we talked about, is obviously in dispute.

[00:34:05]And as I recall at the end of the hearing, you're disputing the paint damage.

[00:34:11]>> Yes.

[00:34:12]>> Mr. Ellis, why should I allow this amendment at this late date?

[00:34:18]>> Pardon me, your >> Why should I allow this amended complaint?

[00:34:22]Because it raises new claims.

[00:34:28]>> Well, I thought since they did not answer the complaint, we have the absolute right to file an amended complaint without leave of the court.

[00:34:36]And they never answered the complaint.

[00:34:39]>> It's a landlord-tenant proceeding. They answer They can answer orally.

[00:34:48]Jeez, Louise.

[00:34:51]Know the procedure in Walkill Town Court. Going to stand in recess. Sir, did you have a problem hearing?

[00:34:58]>> Yes.

[00:34:58]>> We have equipment that we can I'll have my staff provide to you so that you can hear the proceedings. Thank you.

[00:35:04]All rise.

[00:35:08]Court recalls the case of Semanek versus Ockerman and Meltzer.

[00:35:16]All right.

[00:35:17]Um Couple [clears throat] of things here.

[00:35:24]First thing is the motion filed before the court.

[00:35:30]Usually, leave is freely given to amend.

[00:35:33]This motion the court could consider to be an untimely filing of the motion to amend the complaint.

[00:35:41]Mainly because it doesn't it changes the claims and makes a claim against the security deposit.

[00:35:53]Um There are certainly disputes, I guess, as to whether or not the security deposit act has been complied with.

[00:36:08]Now, what that means since you are operating in proper, I would just indicate if it hasn't been complied with and wrongfully withheld, you could under the security deposit act be entitled to double damages. That is one of the penalties under that act. Not saying that that's a case here, but it is certainly something that is within the realm of possibility.

[00:36:37]And that quite frankly would have been there absent the complaint absent this motion to amend or the first amended complaint. So there's that.

[00:36:52]To try to get this matter resolved.

[00:36:57]Um And the court really is of two minds.

[00:37:00]One, given the timing of this and setting for trial, I almost don't want to permit the amendment of the complaint.

[00:37:09]However, what would in effect happen is in this court's mind, litigation regarding it would happen in any event, whether initiated from the defendants or whether initiated from the plaintiff.

[00:37:27]So my thought is is to just get everything here and try to resolve it.

[00:37:34]However it gets resolved through trial.

[00:37:37]Having said that, the other problem that arises, so for you guys that would be that unless you're objecting to the motion itself, you're then entitled to answer, which I would grant the motion. So let me make it easy, all right? So you don't spend your time with that. Then you're entitled to file an answer regarding the complaint.

[00:38:11]Okay?

[00:38:12]And basically it's an admit or denial or put forth your position um regarding each of the allegations that's in this complaint.

[00:38:22]Now, having said that, the problem with the complaint as presented to the court is that the complaint would not survive a C8 motion.

[00:38:35]And that motion, frankly, on the face of the complaint, because it involves Security Deposit Act, doesn't state the necessary claims regarding the Security Deposit Act. And I know I'm talking in legalese, and I'm trying not to, okay?

[00:38:54]A C8 motion basically says that on the face of the complaint, just looking at the complaint, that the complaint fails to state a claim upon which relief can be granted.

[00:39:07]The remedy for that is not dismissal, necessarily, of the complaint out of the gate. It is it to permit amendment of the complaint.

[00:39:20]All right?

[00:39:21]Got it?

[00:39:23]So far?

[00:39:24]When a claim is made against the Security Deposit Act, there are certain, as I've indicated, certain requirements.

[00:39:31]Certain of those requirements must be pled, except to some very specific limitations within that act.

[00:39:42]So, what I'm going to order is this. And And folks, if you don't understand anything I'm saying, just cuz this is an awkward posture for this case to be in, but just go ahead and ask me, and I'll answer you.

[00:39:57]I'm allowing the complaint to be amended.

[00:40:00]But I'm directing that plaintiff must file a proper complaint that would, at least on its face, withstand a C8 motion and properly state a claim upon which relief could be granted under the Security Deposit Act.

[00:40:15]Plaintiff is to do that within 10 days.

[00:40:18]Defendant then has >> [clears throat] >> I'm going to require written answer this time. Defendant to file a written answer to the complaint within 10 days after receipt.

[00:40:30]>> [snorts] >> Okay?

[00:40:32]So, I need a I need an amended complaint from the plaintiff 10 days out. Once you receive it, even if that 10 days hasn't expired, you need to answer within 10 days of receipt.

[00:40:46]Oh.

[00:40:51]Then adjourn the non-jury trial to on the way out the last time. My understanding is there are nuptials that are to be occurring soon.

[00:41:02]So, non-jury trial June 18th, 9:00 a.m.

[00:41:06]Okay?

[00:41:07]And then we'll proceed at that point.

[00:41:11]Have your witnesses, have your exhibits, have everything available on the 18th.

[00:41:15]We're just going to try to plow through as much as we can.

[00:41:20]All right?

[00:41:21]Any questions from either side?

[00:41:23]>> So, you're No, you're not.

[00:41:25]>> All right.

[00:41:27]And um Mr. Semenak, did that did that help you?

[00:41:33]Okay. So, next time next time when you come in, just ask for it. And we'll make sure you get it. Okay?

[00:41:40]Thank you. All right. That does it.