Professional Documents
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No. 10 Cv 5179
Hon. John Z. Lee
United States District Judge
matter impair or impede the applicants ability to protect that interest... When DAmato was still
working with the plaintiffs committee, Pavich altered, changed and deleted portions of DAmatos
drafts without showing those changes to DAmato, or allowing DAmato to defend his original work.
Pavich also substituted new arguments in DAmatos drafts. DAmato protested these changes as
inimical to the class members interests. Any constriction of the claims or arguments advanced on
behalf of the plaintiff class therefore impedes DAmatos ability to protect that interest. Any
remuneration that DAmato might receive from representing the plaintiff class is dependent on the
outcome and hence he has an interest in the property... which is the subject of the action. Pavich
has not committed to protecting DAmatos interest by any suitable security.
4. After years of silence from Pavich, DAmato received electronic notice of the Fourth
Amended Complaint less than three weeks ago. This motion is timely inasmuch as DAmato only
learned that Pavich intended to abandon or forswear certain claims when he received electronic
notice of its filing. He has timely filed this Motion for Leave to Intervene in just three weeks.
(DAmato remains on the electronic distribution list, further evidence that he has not been discharged
from his obligations.)
5. The Fourth Amended Complaint adopts in haec verba a number of factual allegations from
the pleadings that DAmato authored. He intervenes in part to discharge his professional obligation
to inform the Court that not all of this Complaint was authored by the attorneys who signed it. Since
DAmato has performed the reasonable inquiry that the allegations and other factual contentions
have evidentiary support required by Fed. R. Civ. P. 11, it is incumbent on this Court to permit
DAmato to intervene, so as to insure that the plaintiff class receive the best available legal advice,
as provided in Fed. R. Civ. P. 23(d)(1)(B)(iii), which authorizes orders to protect class members
and fairly conduct the action... [that they be given] opportunity ... to intervene and present claims and
defenses, or to otherwise come into the action.
6. Attached to this motion are DAmatos proposed enlargement of the Fourth Amended
Complaint to include 1) a new Count that genocide violates federal common law, 2) a new Count
that unlawful homicide violates Illinois Wrongful Death Act, and 3) a series of allegations of the
factual basis for Military Professional Resources, Inc.s perpetration of genocide and unlawful
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homicide, along with his Personal Statement of his qualifications and reasons for seeking leave to
intervene.
WHEREFORE, intervenor Anthony DAmato respectfully requests that this Court grant his
motion to intervene, and that he have such other relief as is just.
ANTHONY DAMATO, intervenor
By__________________________
His attorney
David G. Duggan
3108 N. Southport Ave.
Coachhouse
Chicago, IL 60657
773-281-2873
e-mail: davidgraysonduggan@yahoo.com