Re: 2/5/01 - [TVCP] MOTION by Gary Dobry to Vacate [86-1] judgment order with memorandum.
Docket Entry:
2/5/01 89 MOTION by Gary Dobry to Vacate [86-1] judgment order with memorandum. Objection to Motion Deadline 2/26/01 (jab) [Entry date 02/05/01]
=====
UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW HAMPSHIRE
MICHAEL J. ZWEBNER, )
)
Plaintiff )
) CIVIL ACTION
v. ) No. 98-CV-682
)
GARY DOBRY, DAVID SHEPHERD, and )
JOHN DOES I-X. )
)
Defendants )
MOTION TO VACATE JUDGEMENT
NOW COMES the defendant. GARY DOBRY, Pro-Se/In Proper Person. And as and for his Motion
to Vacate Judgement, pursuant to Rule 60(b) of the Federal Rules of Civil Procedure, states as follows:
1. A Final Judgement was entered in favor of MICHAEL ZWEBNER and against GARY DOBRY on August 23, 2000.
2. Under the terms of the Final Judgement, damages were assessed at One Million Dollars ($1,000,000.00), but that said judgement is not enforceable unless a court of competent jurisdiction finds by clear and convincing evidence that DOBRY has violated the provisions of the parties settlement agreement.
3. No court has found or been requested to find any such violation to date; nor has DOBRY in any way violated the agreement.
4. I respectfully move that this honorable Court vacate the judgement on the following grounds:
a. Newly discovered evidence which, by due diligence, was not discovered until AFTER the agreed upon "non-enforced" one million dollar judgment of August 23, 2000. Main defendant Dean Dumont and Plaintiff MICHAEL J. ZWEBNER, posting under numerous screen-names including, but not limited to, John_Quinlan, MOMENTUM, Clear_Thinker, Rob_Patowski, Bobushka, Scu8245, Scu8452, LGM82, RussianFox and Grupo_Brad on the Silicon Investor and Raging Bull Message Boards, touted DCI, (DCTC), a small OTC corporation that aquired one of Zwebner's companies in exchange for DCI securities. DUMONT and ZWEBNER, in tandem, promoted the idea of a "large DCI short position" and encouraged investors to invest in DCI because of a potential short squeeze.
b. DEAN DUMONT may have committed fraud when he requested that RAMON SILVESTRE, and GARY DOBRY, invest in DCI (DCTC). At which time, DEAN DUMONT posed as an AZNT (Amazon Natural Treasures) long shareholder like DOBRY and SILVESTRE when, in truth, DUMONT was compensated with securities by AZNT for "services" he provided the company. Unbeknownst to DOBRY at the time, DUMONT sold his free AZNT shares into the market while encouraging DOBRY and SILVESTRE to buy more AZNT stock. DUMONT informed DOBRY that DCI was a "good investment" because "MICHAEL J. ZWEBNER was shorting his own free shares after illegally removing the legends before the restriction period on the stock had elapsed" and that ZWEBNER was able to do so because a "member of the LGCY Board of Directors was the DCI Transfer Agent". There is reason to believe that DUMONT approached DCI CEO JOSEPH MURPHY for compensation to promote DCI on several occasions like he was compensated for "services" he provided AZNT, ISOL, NGWY and other small OTC companies. There is also reason to believe that DUMONT requested the creation of a thread on the Silicon Investor Message Boards, by DOBRY, not to perform "diligence" on ZWEBNER, as DUMONT had claimed to DOBRY, but rather to expose possibly unscrupulous activities on behalf of ZWEBNER in regards to the lifting of legends on restricted stock ZWEBNER received from DCI and, in doing so, enticing DCI CEO JOSEPH MURPHY to compensate DUMONT for his "services". Newly discovered evidence which, by due diligence, was not discovered until AFTER the agreed upon "non-enforced" one-million dollar judgement of August 23, 2000 suggests that ZWEBNER may have been advised to "initiate litigation" against DCI by an ALEXANDER WALKER, enabling ZWEBNER to get the legends removed from his restricted stock. DUMONT, after dumping his free AZNT shares into the market, and after ZWEBNER filed his lawsuit against DUMONT and DOBRY, commenced participating in a public smear campaign against Dobry with associates of MICHAEL J. ZWEBNER, and others, in an effort to harass and silence DOBRY.
c. MICHAEL J. ZWEBNER has filed malicious lawsuits against other investors (LES FRENCH, ROBERTO VILLASENOR and THE JOHN DOES.ORG) who have been critical of ZWEBNER'S PUBLIC companies. Because of the agreement with ZWEBNER, DOBRY has been unable to share his diligence, re: ZWEBNER and ZWEBNER'S associates, with VILLASENOR, FRENCH and/or THE JOHN DOES.ORG in defense of ZWEBNER'S malicious lawsuits against them. ZWEBNER'S associates have also used the non-enforced one-million dollar judgements against DOBRY, SHEPHERD and SILVESTRE to affect his company's (TVCP) stock price and to silence criticism of ZWEBNER'S PUBLIC COMPANIES from the investment public.
d. Other malicious lawsuits have been brought against Dobry by associates of MICHAEL J. ZWEBNER. JOSEPH PITTERA filed suit against DOBRY in California Federal Court for RICO (because Dobry exchanged emails with another investor PITTERA was suing, Jacalyn Deaner) and for DOBRY being "responsible for the SEC criminal investigation" of PITTERA'S activities. PITTERA voluntarily dismissed the suit. RICHARD MARCHESE filed suit against DOBRY in Chicago Federal Court for defamation. DOBRY filed a ten million dollar counterclaim for Malicious Prosecution and Disparagement of career and business against MARCHESE. DOBRY only discovered the possible relationships between ZWEBNER, MARCHESE and PITTERA after the August 23, 2000 agreement to the non-enforced one million dollar judgement. DOBRY respectfully requests the honorable judge to vacate the August 23, 2000 judgement so that DOBRY can freely communicate and assist others maliciously being sued by ZWEBNER and/or his associates and to diligently defend himself, and counterclaim, ZWEBNER'S malicious lawsuit.
WHEREFORE, Defendant GARY DOBRY prays for an Order vacating the Final Judgement entered on August 23, 2000, and for such other and further relief as the Court may deem just and proper.
Respectfully submitted,
_________________________________
Gary Dobry
Pro-Se Defendant
1522 W. Algonquin Rd.
Palatine, Il. 60067
(847) 359-7847
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