Today, July 7, 2003, I contacted several lawyers concerning my case and they were in agreement with what I had already determined in my own legal research. I did discover that it will be almost impossible to find an attorney to represent me, especiall locally. What I need to find is a Lawyer who hates the SIU and would be willing to represent me Pro Bono. If anyone who reads this Blog know of such and attorney, please contact me at:

Robert Swanson
427-8th Avenue
DeWitt, IA 52742
319-659-8507

Here is a letter that I just wrote to the two attorneys who have been hired by the SIU to represent them. Although I imagine they are just acting as front men, because it appears from all practical purposes that they make their living off of Illegal Alien cases. Just an assumtion on my part from overhearing several of the women in their office talking on the phone in spanish. A lot of the Literature in the office was also in the spanish as well as English Language.

Below is the letter that I just sent them.

That's it for today.

--------------------------------------------------------------------------------------------------------------------------

Mr. McAndrew:

In the Matter of Seafarers International Union
v

Robert Swanson

According to the Iowa Rules of Civil Procedure, you do not have the leave
of the Iowa Courts to initiate a lawsuit until service of an Original
Notice, attached to the complaint and signed by the Clerk of Court is
served upon me. To date is has not been and the Clerk of Court has not
signed one. Therefore, you have not served me legally binding court
papers,

I do not intend to make it easy on you by filing an appearance to negate
the need for you to file an original notice in the proper form and
containing ALL of the required items.

Now, I realize that if you choose to refile this action then I will either
have to answer it or you might be granted a default judgment. If you
refile it, and serve me properly of course I will answer your petition.
Either you are totally incompetent, or your only intention in filing this
suit against me is to cause me embarrassment in the my community. If that
is your intention then you have and will fail in your effort.

Since the Supreme Court has made a ruling that asking for an amount certain
in this type of case is not proper, I can only assume that you shepardized
the precedents that apply to this case, but then again maybe you don't know
what you are doing. Asking for the Million Dollars was just to embarrass
me.

In any event, and if you have filed the case for the Union(even that is in
doubt because you must know that you can't win a defamation case in the
Unions name, especially when you haven't properly named which corporate
entity is filing the suit. It wouldn't matter because the case would be
thrown out.

You can try to make a case for defamation against the officers but you are
going to have to name them in the complaint as parties. Even if you do and
even if you win, you and the union will get nothing. I assure you that
winning will not be the cakewalk that you envisioned. I have defeated the
SIU in legal battles twice and am certainly up to the challenge again.

So, if you refile the case, I will answer and present my affirmative
defenses. I will also file a cross claim. In addition to this, I will
be writing to the Iowa State Bar Association, if I determine that a
malpractice suit against you is not feasible.

I am aware of the fact that I can't do both and a better remedy might be
the malpractice action. I will file Malpractice Charges against you if
my research indicates that I could prevail. You just don't have the right
to violate the notice requirements and thus the due process of law that I am
entitled to.

In the end, either way you go, you will get nothing and the Court is not
going to be pleased with an officer of the court filing a frivolous lawsuit.

If you don't refile and try to get the court on some pretense to award you a
default judgment, you will get nothing anyway. I will, if that happens,
have the opportunity to get any judgment you might be awarded thrown out in
the appeals process.

So refile the case, I will answer and await your discovery documents and
then of course you will have to restate your ridiculous complaint and when
you identify the real parties of interest in the case(I assume it's Mike
Sacco and possibly a few others)I will have the opportunity to depose them
and make discovery of their records, etc. AND, they will have to come
to Iowa to be deposed!!

Sincerely

Robert E. Swanson
Seamen's Justice Center
427-8th Avenue
DeWitt, IA 52742

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Comments

[michael whitsitt]

call me soonest.
important inportant infro.