[Music] flashback One D if the order appealed this interlocutory setting for facts showing how the appellant would suffer substantial harm by awaiting final judgment before taking an appeal yes rer so my my answer to that I just made it to that part of the order too my answer would be that the people would suffer harm because the defendant has already stated that he is filing what we we believe of course to be frivolous but you know the facts will will prove themselves as they go broke up a little bit you repeat the last few words I'm sorry broke up D we believe that the substantial harm that the people would suffer would be the defendant has already stated he's filing numerous lawsuits against the the court against the parties against the officer We Believe we'd be giving him a golden parachute it's just one more issue to add to his level of appeals this is one issue that needs to be clarified of course he will be found I believe through fingerprints to be either the person given that ticket or javar Grayson the person given the ticket will be given a KPS warrant and we can move on but I do believe that this issue needs to be handled before we make a further record I have a duty to mitigate the city's damages and I believe that's what we're doing and what I was advised to do by my supervisor [Music] and welcome to facts or frauds good morning the 36th District Court in the state of Michigan is now in session with the honorable Judge Donald Coleman presiding while court is in session there will be no talking sleeping chewing gum or reading any material thank you than you uh this is case number 23152 244 this is javar Grayson versus Brian Ambrose the matter is before the court where there is an application for entry of a default uh judgment um the court has uh set the matter on uh in regard to that motion your appearance uh for any attorney who's appearing on item side your appearance in first instance please uh thank you your honor Christopher Michaels p 83156 on behalf of police officer Brian Ambrose um and Bri there was also a uh the defendant's motion to dismiss in L of answer was filed I don't know if today is the date and time for that as well I do have I do have that matter that was filed with the court June the 30th uh and submitted to the court so that is an issue that before the court as well um all right and do I have uh javar Grayson on this zo say something if you're he at this time yes your honor javar Grayson representing myself all right thank you Mr Grayson good morning uh to you I I see that there is the uh let me address the issue of the uh the application for entry of default judgment in this matter uh on what basis uh are you saying Mr Grayson that you should be entitled to entry of defa judgment in disp well you're honored um we sent uh documents into you uh stating that I'm a national a moris American and um this um Highway man has no jurisdiction over me and um we sent that information to you and also sent um believe I have a uh Court uh people versus Battle as a reference in a case I think that you're addressing something that don't have anything to do with my question you you submitted you submitted to the court a default request now on the one hand you're telling me uh that the court doesn't have jur you you tell me that the court doesn't have jurisdiction you not submitt to the jurisdiction of the Court then uh why are you filing something in this court if you believe the court doesn't have jurisdiction um the I'm sorry the jurisdiction um that doesn't have jurisdiction the 36 District Court a traffic court that's not pertaining to you what I decided to do was send you basically every information uh to communicate what I've been doing basically in 36 District Court as well as um this procedure I'm not I'm not a traffic court judge I'm a civil judge I what are you talk yeah yes understand that all right Mr um Mr Michaels address yourself if you will uh to the uh to both issues one is the the uh motion for entry of default and then secondly uh which uh I believe these issues might Collide a motion to dismiss and mo of filing an answer sir go right ahead sir uh thank you your honor I did rece a copy of the request for default this week so I had I I had no opportunity to respond obviously the city or the city Law Department who is representing this police officer filed its motion back in June dismiss in Li of an answer so I don't believe there's any grounds whatsoever for a default judgment um the brief speaks pretty clearly on its face uh for why dismissal is appropriate there is not no viable claim stated in plist original complaint and any and the since the defendant is a um was at the time a and still is a police officer uh he'd be entitled to governmental immunity it appears that it's some sort of dispute regarding um traffic tickets or or citations that were given for U various uh matters that are currently pending in front of Judge Perkins right now so it also appears to be some sort of collateral attack against those proceedings which is under Michigan rules not permitted so we would ask this court dismiss this case under any of those grounds well certainly um Let me let me begin with the uh the default request I don't see where the where the uh uh defendant is in default in this matter he's responded to the complaint uh default is when a party fails to act in the judicial proceeding in the court proceeding fail to act when they should have acted and that therefore the court uh would be required uh to enter a their default because of their failure things like failure to answer the complaint or failure to file a responsive pleading the responsive pleading that was filed in this matter uh was filed in July excuse me in June the case was filed uh looks like June the 13 of 2023 the motion uh was filed June the 30th that's certainly would been the time required by law to do a responsive pleading so I don't see any basis for defa def is what like if the defendant did not answer or didn't file a response then the plan could uh could move for injury of default I don't see a basis for entry of default in this matter now so the motion and application for entry of default uh is is denied there's nothing nothing about this case that shows that the uh plth uh is in default or for that matter that the vet is in default on anything neither neither party is in default the case is right where it's supposed to be and that is that there's been a complaint file and then there's been a respon of pleading that response of pleading is a motion to dismiss in lie of filing an answer if the plain didn't file stri that if the F didn't file a motion he would have had to file an answer uh to the complaint so when there's a complaint you got to answer within a certain period of time by either fing a written answer or by following a motion sometimes there's a motion for a more definite statement sometimes there's a motion to this Miss because the complaint is deficient or it has some legal flaw involved this this motion to dismiss a little answer um is file alleging and arguing that uh sumary disposition uh uh uh should be granted or that a motion that the court should dismiss the case because there's no legal grounds factual grounds for this case to stand on what is this what is this case about Mr uh Mr Grayson sir um it's about a traffic uh I guess is a uh some type of uh traffic ticket they started off of um Brian Ambrose's uh stopping me and I believe I have the right to travel it started with that and I do understand uh the default judgment uh what that you are saying and what is pertaining to we are still uh ready to proceed with the case what what what exactly is your cause of action because I don't think that I don't think that you stated a a a cause of action uh that upon which the court could uh move forward with the complaint well actually I'm um in traffic court 93 36 District there's action being taken against me as we speak this is a current case in um 36 District Court half no jurisdiction over me so why I decided to bring it into uh civil court common law and this is a six Monon case that's still going on so all right Mr Mr Michael you get the last word on your motion yes very briefly there was nothing filed by plainis but it does sound like he's disputing his traffic tickets in this court which is a collateral attack which the Michigan court rules and uh do not allow so I think that that's the best ground to dismiss this case and we would ask this I eject your honor I'm um disputing my Birthright I'm disputing my right to travel all right I got I got this all right uh that you you fail the state of action upon which the court could Grant believe um this this case uh and the complaint in this matter be dismissed uh it's dismissed without prejudice meaning that if you can formulate a cause of action that is recognized in the Michigan law uh then you you can uh you can bring the matter if you can formulate um case law or some type of law that supports your cause of action uh it sounds part of what is being said here is that uh uh as a uh a person you have the right to travel and etc etc uh and there is some uh there is some basis for the same but yet there is uh there is law that allows for law enforcement to stop individuals that are traveling upon the the roadways um and so that is what the cause of action is is that um they don't have the right to stop me there is nothing in Michigan Law that recognizes that if on the other hand uh you find some basis to establish that uh that the stop was in the form of some illegal activity harassment some uh some Advance against your person that has not committed under law or done under color of law but not committed under the Constitution uh then you certainly have the right to bring an action here or in circuit court or in federal court this case does not this case does not have any grounding to for that reason the complaint uh is dismissed in this matter again complaint is dismissed without prejudice um that would be a final order regarding this particular F good day to both sides I wish you well thank you honorable does m Court be entering the order or do you want me to submit it if you would submitted Mr Michaels that would be helpful I will send you a a chat uh to address where you want to send that um and that would be helpful so I'm chatting that to you now sir all right thank you thank you your honor Jud can I get Mr Michael's p number again he faded 83156 than thank thank you I'm sick of you always telling me what to do you need to stop blaming others for your um for your denials and um you're supposed to decide what You' be or something yeah and thanks for hanging out with us on Factor frauds make sure you hit the Thumbs Up Button you're subscrib and ring that Bell for notifications so the next time Prem video you can me a live chat with everyone else and leave a comment in the comment section tell me 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