IN THE COURT OF COMMON PLEAS

COUNTY OF DORCHESTER

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STATE OF SOUTH CAROLINA

Rodney F. Stich Diablo Western Press PO Box 10587 Reno, NV 895 10

STATE OF SOUTH CAROLINA ) Case No. 00-cp- 1 8-646 COUNTY OF DORCHESTER

STEVE GRATZER,

Plaintiff,

i ) SPECIAL APPEARANCE OBJECTING TO ) THIS COURT'S JURISDICTION OVER ) DEFENDANTS. CHALLENGE TO j SERVICE OF PROCESS, SUMMONS ) AND COMPLAINT

VS. 1 DECLARATION DIABLO WESTERN PRESS, INC, )

AND RODNEY F. STICH, ) 1

Defendants.

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21 1 1 Defendants declare:

22 1 1 1. Defendants hereby make a special appearance for the sole purpose of addressing this court's

25 1 1 a. Neither defendant has or had any residence in South Carolina.

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26 1 1 b. Neither defendant has or had any business outlet in South Carolina.

absence of personal jurisdiction over them, the service of process, summons, and complaint.

2. The absence of personal jurisdiction over Defendants arises from the following:

27 1 1 c. Neither defendant sought any business from anyone in South Carolina.

28 1 1 d. Neither defendant has ever made reference to any South Carolina resident named

Steve Gratzer.

I I Special Appearance Objecting To Personal Jurisdiction--

I1 resident, or anyone by the name of Steve Gratzer. I 1 1 f. Defendant Diablo Western Press has no record of any book sales to anyone in South I 1 1 Carolina. I

5 1 1 g. The only reference to anyone by the name Steve Gratzer, was to repeat what a former

1 1 physician stated to defendant Rodney Stich, as she made brief reference to her I 1 1 husband, Steve Gratzer, of Ely, Nevada, shortly before she was shot to death by I 1 1 person or persons unknown. The name Steve Gratzer has been frequently stated in I 1 1 news articles in the Las Vegas, Nevada newspapers in connection with the murder of

l o 1 1 Las Vegas casino owner, Ted Binion. The reference in the book of the name of Steve

l1 I I Gratzer, an Ely, Nevada resident, that focuses on misconduct in government offices,

l 2 1 1 is as follows: I Imprisoning A Doctor On Perjured Testimony I

In 1997 I started receiving information from a physician who had been targeted in a similar gun-charge. Dr. Jed Cserna was an MD with a private practice in Ely, Nevada, an a Lt. Colonel in the Idaho National Guard, with 16 years of military service behind him. 1 His problems started in Ely, Nevada, where he was a physician. Cserna told me how it appeared to start. While he was treating a patient, Doris Gratzer, she told him, "If I'm eve r shot, Steve [her husband] did it." Dr. Cserna told this to the hospital staff and they said that she always had problems, and this occasion was no differentthan others. A week later, she was found dead, killed by a bullet wound to the head.

Cserna said her husband, Steve Gratzer, was influential in the town, especially with the sheriff, who was responsible for conducting an investigation into his wife's killing. Cserna was now a danger to Gratzer. According to Cserna, false statements were made by a government informant, seeking to justify his position and pay, that resulted in a raid by ATF agent Doreen on his doctor's office. His home was broken into and possessions disappeared. Participating in the ATF raid was the sheriff who he referred to as Burnie (Ronero), who would soon participate in sham charges filed against the doctor.

Government agents arrested Cserna a short time later and charged him with possession of a machine gun and a short-barreled rifle. The guns in question were an AR- 15 that was not an automatic, and a Uzi 9mm that had been sole to him with a folding stock and various barrels. He had used both guns two and three times a week at the local police firing range and was never cluestioned about their legality. DOJ Retaliation Because of Refusing Ruby Ridge Participation?

Cserna told me about an event that happened in Idaho while he was the physician assigned to the Idaho National Guard air wing. During the Ruby Ridge attack that killed Mrs. Weaver and her son, ATF agents had gone to the Idaho National Guard base and tolc the Commander of the helicopter division, "We are ordering you to activate your choppers to go north and strafe Ruby Ridge." The colonel refused, stating, "This is

I I Special Appearance Objecting To Personal Jurisdiction--

against the law, the constitution, and finally, Randy Weaver is an Idaho Citizen. Either you get out or 1'11 have you thrown out."

The exercise of jurisdiction over Defendant Rodney Stich ("Stich") would be unfair, unjust,

and unconstitutional. He is 78 years of age. His sole source of income is a modest Social

Security payment. He is a former federal inspector-investigator for the Federal Aviation

Administration whose activities consist of investigating corruption in government and

making this information available to the public. He has authored various books, the latest

being the third editions of Unfriendly Skies and Defrauding America, and the first editions oj

Drugging America and Disavow. These public-spirited exposure activities threatened many

corrupt people in government, and some in the legal profession, which resulted in a

continuing barrage of judicial and legal attacks-as in this lawsuit-that resulted in the loss

of his home, his business, his income, and his assets. This lawsuit is a continuation of that

practice, and intended to silence Stich's exposure activities.

The exercise of jurisdiction over Defendant Diablo Western Press would be unfair, unjust,

and unconstitutional. This is a one-man operation devoted to exposing corruption in key

government offices. It has no assets, and it has no insurance of any kind. Defendant Diablo

Western Press is the vehicle used by Stich to inform the public about these wrongful acts,

with the goal of informing and motivating sufficient people that meaningful efforts can be

exerted to reduce the extent of the corruption.

Exercising jurisdiction over defendants, who have no minimal contacts with the State of

South Carolina, would violate traditional notions of fair play and substantial justice.

International Shoe Co. v. Washington (1945) 326 U.S. 3 10. Defendants have no business, no

residence, and no employees in the State of South Carolina. Diablo Western Press is a one-

person company consisting of Rodney Stich.

Defendants have engaged in no conduct invoking any benefits of the state of South Carolina,

and have not engaged in any activity that would invoke the jurisdiction of South Carolina

courts. Kulko v. State of California Superior Court (1978) 436 U.S. 84, which was decided

on general constitutional principles.

I I Special Appearance Objecting To Personal Jurisdiction--

7. A passive website, www.druggingamerica.com, or www.defraudingamerica.com, with no

reference to Nevada resident Steve Gratzer, or any Steve Gratzer, does not confer upon this

court jurisdiction over defendants based upon an Internet presence. Rubbercraft Corp. of

California v. Rubbercrap, Inc., CV 97-4070-WDK, 1997 WL 835442 (C.D. Ca. 1997) (not

reported in F. Supp.) The Ninth Circuit Court of Appeals held that a passive website was

insufficient to establish jurisdiction. Cybersell, Inc. v. Cybersell, Inc., 130 F.3d 414 (9th Cir.

1997) at 41 9-20.

8 . Another test was shown in Calder v. Jones, 465 U.S. 783,788 (1984), requiring that the

alleged harm be focused on a resident of that state. No one in South Carolina was quoted in

any way by defendants, and what was said was not defamatory.

9. A defendant must be engaged in "systematic and continuous" activities with the forum state

for personal jurisdiction to be acquired. Helicopteros, 466 U.S. at 414-416. It is the duty of

the plaintiff to establish a prima facie showing that jurisdiction exists. Patriot Systems, Inc. 1

C-Cubed Corp., 21 F. Supp.2d 13 18,1320 (D. Utah 1998).

10. To obtain jurisdiction over an out of state defendant, the nonresident defendant must do som

act or consummate some transaction with the forum, or perform some act by which he

purposely avails himself of conducting activities in the forum, thereby invoking the benefits

and protections thereof; the claim must be one which arises out of or results from the

defendant's forum related activities; and the exercise of jurisdiction must be reasonable.

Helicopteros, 466 U.S. at 414-416. Defendants did not at any time avail themselves of any

benefit from the State of South Carolina.

1 1. Defendant's use of the Internet is primarily to convey information about corruption in

government offices, and is primarily passive.

SUMMARY

In the interest of fairness, fair play, substantial justice, and constitutional protections,

Defendants request that this court decline to accept jurisdiction. If it does not decline, it will pla:

a role in attempting to block the exposure of criminal activities in key government offices that

Special Appearance Objecting To Personal Jurisdiction--

Defendants and their group of government whistleblowers have sought to expose, and aid the

Plaintiff in furthering some unknown goal to halt defendants public spirited activities.

I, Rodney F. Stich, personally, and for Diablo Western Press, declare these statements to be

:rue, in part from personal knowledge, and in part from belief.

Date: September 24,2000.

Special Appearance Objecting To Personal Jurisdiction-- 1

DECLARATION OF SERVICE

CASE: STEVE GRATZER VS DIABLO WESTERN PRESS AND RODNEY F. STICH, NO. 00-cp-18-646

I, Rodney Stich, declare as follows:

I am over the age of 1 8 years. My mailing address is P.O. Box 10587, Reno, NV 895 10.

On September 25, I served the following:

Defendants Special Appearance Objecting to this court's jurisdiction over defendants, challenge to service of process,surnmons, and complaint.

By placing a true copy in an enveloped addressed to each of the persons named below, at the address set out immediately next to each respective name, and by sealing and depositing the envelope in the United States mail at Walnut Creek, California, with postage fully prepaid.

Smiths and Collins, P.A. 7455 Cross County Road, Suite 1 PO Box 40578 Charleston, SC 29423-0578

Executed on September 25,2000, at

I declare under penalty of perjury th