DEFENDANT’S MOTION FOR JUDICIAL NOTICE - 1

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Thomas Retzlaff PO Box 46424 Phoenix, AZ 85063-6424 P: (210) 317-9800 Email: retzlaff@texas.net Defendant, Pro se

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

PHOENIX DIVISION

Jason Lee Van Dyke,

Plaintiff,

vs.

Thomas Christopher Retzlaff a/k/a Dean Anderson,

Defendant.

Case No.: 2:18-cv-04003-SMB

MOTION FOR JUDICIAL NOTICE OF CONVICTION OF PLAINTIFF VAN DYKE FOR BAIL JUMPING

Defendant Thomas Retzlaff requests that the Court take Judicial Notice of the conviction of plaintiff Jason Van Dyke for the criminal offense of bail jumping, as provided by Federal Rule of Evidence 201.

A. INTRODUCTION

Plaintiff is licensed attorney Jason Lee Van Dyke, representing himself pro se;

defendant is Thomas Christopher Retzlaff, “a/k/a Dean Anderson.”

Van Dyke has filed a defamation lawsuit against Retzlaff seeking $100 million

in damages claiming that Retzlaff defamed him by getting Van Dyke fired from the

Case 2:18-cv-04003-SMB Document 45 Filed 01/08/19 Page 1 of 4

DEFENDANT’S MOTION FOR JUDICIAL NOTICE - 2

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Victoria County (Tex.) District Attorney’s Office and by filing a grievance against Van

Dyke with the State Bar of Texas (for which a disbarment trial is set for February 22,

2019). Van Dyke is also seeking relief against Retzlaff in the form of an injunction

seeking to prohibit Retzlaff from calling Van Dyke a Nazi and a white supremacist –

despite the fact that Jason Lee Van Dyke is the leader of the Proud Boys, which is an

FBI declared extremist organization with ties to white nationalists.

B. ARGUMENT & AUTHORITIES

The Court may take judicial notice of a fact that is not subject to reasonable

dispute because it (1) is generally known within the court’s territorial jurisdiction, or

(2) can be accurately and readily determined from sources whose accuracy cannot

reasonably be questioned. Fed. R. Evid. 201(b); see Bias v. Moynihan, 508 F.3d 1212,

1225 (9th Cir. 2007) (proceedings in other courts).

Attached are Certified Copies of court records from Denton County, Texas,

establishing that plaintiff Jason Lee Van Dyke was recently found guilty of the

criminal offense of bail jumping, and that this conviction has been reported to the

Texas Department of Public Safety.

As the Court will recall, Van Dyke was arrested on September 14, 2018, for his

role in filing a false police report as a part of an insurance fraud scheme in which Van

Dyke falsely claimed a bunch of his guns were stolen. See ECF 40-1. Van Dyke was

Case 2:18-cv-04003-SMB Document 45 Filed 01/08/19 Page 2 of 4

DEFENDANT’S MOTION FOR JUDICIAL NOTICE - 3

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released on a $1,000 bond. ECF 40-2. Because of Van Dyke threatening to murder

Retzlaff (on account of his role as the complainant and main witness in the disbarment

case), the Denton County District Attorney filed a motion to revoke Van Dyke’s bond

and ordered him to appear for a December 21 hearing. ECF 40-5.

Van Dyke wholly failed to appear. His bond was revoked and a warrant has

been issued for his immediate arrest. ECF 40-6 – 40-8. Since that time Van Dyke has

been a fugitive from justice for the past three weeks!!

On December 28, 2018, Van Dyke was convicted of the offense of bail jumping.

See attached Exhibit 1. Notice of this conviction has been reported to the Texas

Department of Public Safety.

Attached are certified copies of the relevant court records, which Retzlaff asks

the Court to take Judicial Notice of, please. See Exhibit 2.

Respectfully submitted,

Dated: January 8, 2019 By:_____________________________________ Thomas Retzlaff

Defendant, In Pro Per

Case 2:18-cv-04003-SMB Document 45 Filed 01/08/19 Page 3 of 4

DEFENDANT’S MOTION FOR JUDICIAL NOTICE - 4

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CERTIFICATE OF SERVICE

I certify that on January 8, 2019, a copy of this document was electronically filed on the

CM/ECF system, which will automatically serve a Notice of Electronic Filing on the following

attorney in charge for plaintiff Jason Lee Van Dyke:

Jason L. Van Dyke, pro se, Email: jason@vandykelawfirm.com.

I certify that Jason L. Van Dyke is a registered CM/ECF user and that service will be

accomplished by the CM/ECF system.

By:_____________________________ Thomas Retzlaff

Defendant, In Pro Per

Case 2:18-cv-04003-SMB Document 45 Filed 01/08/19 Page 4 of 4

NOTICE OF CONVICTIONS CONVICTION • BOND FORFEITURE • MENTALLY INCAPACITATED • EDUCATION PROGRAM 

MAIL TO: TEXAS DEPARTMENT OF PUBLIC SAFETY EMAIL TO: ConvictionReporting@dps.texas.gov ENFORCEMENT AND COMPLIANCE SERVICE PO BOX 4087, AUSTIN TX 78773-0320 DL-117 (Rev.11/12)

TX-15158112 04/03/1980 White Male

108 Durango Drive Cross Roads, TX 76227

09/13/2018

NAME (PRINT or TYPE) Vandyke Jason Lee (LAST) (FIRST) (MIDDLE) (SSN)

DRIVER LICENSE NO., ID NO. BIRTHDATE RACE SEX (Indicate State if other than Texas) ADDRESS CITY TEXAS (Zip Code) ___MISDEMEANOR FELONY X BOND FORFEITURE OFFENSE FALSE REPORT TO POLICE OFF/SP INV/LAW ENF EMPL OFFENSE DATE CONVICTION DATE 12/28/2018 (BF) PENALTY Ignition Interlock Required OFFENSE COMMITTED TRANSPORTING IN COMMERCIAL VEHICLE YES NO UNKNOWN HAZARDOUS MATERIAL YES NO         UNKNOWN 

DRIVER LICENSE OR OPERATING PRIVILEGE SUSPENDED BEGINNING DATE ENDING DATE

DRUG EDUCATION PROGRAM

Drug Education Program Successfully Completed

Date

DWI EDUCATION PROGRAMS

DWI Probation Granted     DWI Education Program Education program required for repeat offenders, required

Date Date

DWI Education Program DWI Education Program Successfully completed for repeat offenders, successfully completed

Date Date

DWI Education Program DWI Education Program Waived for repeat offenders, waived

Date Date

GRANTED DWI EDUCATION PROGRAM EXTENSION

Date extended from to

CERTIFIED BY SIGNATURE TITLE Deputy Clerk PHONE # 940-349-2016 COURT County Court at Law #2 COUNTY Denton County CAUSE/DOCKET # BF-2018-01041

 

NOTE: The court must indicate beginning and ending suspension dates for all alcohol related offenses. Questions, please contact Texas Department of Public Safety, Enforcement and Compliance Service at 512/424-2031.

12/28/2018

McLaughlin, NancyBy Deputy: Denton County, County ClerkJuli LukeFiled:Case 2:18-cv-04003-SMB Document 45-1 Filed 01/08/19 Page 1 of 1

2018-01041PID 3562337

THE STATE OF TEXAS

vs

JASON LEE VANDYKE

BF---------CR-2018-07544-E

§ IN THE

FILE FOR RECORD DENTON COUNTY CLERK

DEC 2 1 2018 ~ -!,.U~ LUKE

~ DEPUry

§

§

COUNTY CRIMINAL COURT #5

DENTON COUNTY, TEXAS

JUDGMENT NISI

On this the 21st day of December, 2018, the Court called for hearing the foregoing criminal case wherein the defendant, Jason Lee Vandyke, stands charged by information with a misdemeanor offense. The State of Texas appeared by its criminal District Attorney, but the defendant failed to appear and answer. Thereupon the defendants name was distinctly called at the door of this Courthouse, and a reasonable time was given the defendant after such call was made in which to appear, yet the said defendant came not, and wholly made default.

And it appearing to the Court that the defendant as principal, Entered on September 14, 2018 into a cash/personal bond, payable to the State of Texas in the penal sum of $1000.00 conditioned that the defendant should make a personal appearance before the Court wherein the criminal case is pending instanter, and there remain from day to day and from term to term of said Court until discharged by due course oflaw, then and there to answer the above criminal charge.

IT IS THEREFORE ORDERED, that the aforesaid bond is forfeited and the State of Texas have and recover of all the above named defendants, jointly and severally, the amount of the bond mentioned above, prejudgment interest at the maximum rate allowed by law, costs of court, and all necessary and reasonable expenses that may be incurred and occasioned by all Sheriffs and other Peace Officers in re-arresting said defendant. Such re-arrest fees to be determined at the time this judgment becomes final.

IT IS FURTHER ORDERED, that the Clerk shall issue citation to all parties as required by law, and that this Judgment Nisi shall become final unless the defendants appear and show good cause why the defendant-principal did not appear on the above date and why this judgment of forfeiture should not be made final.

IT IS FURTHER ORDERED, that an alias capias issue for the re-arrest of the defendant prU c~l aJ that the bond thereon is set at a cash/surety bond in the amount of$ C> t:;t>v,

SIGNED this the 2-' 4!.-day ofDec.e.~br

Case 2:18-cv-04003-SMB Document 45-2 Filed 01/08/19 Page 1 of 5

THE STATE OF TEXAS

vs

JASON LEE VANDYKE

CR-2018-07544-E

CERTIFICATE OF CALL

. PILE FOR RECORD DENTON COUNTY CLERK

DEC 2 1 2018 ~4J_I LUKE -~- ...i;Jz.. _ _ DEPUTY

IN THE COUNTY CRIMINAL

COURT NO. 5

DENTON COUNTY, TEXAS

On this the 21st day of December, 2018, pursuant to the order of this court, I did at the doors of

the Courthouse of said Court, proceed to call three times loudly and distinctly the above-named

Defendant in the above-numbered and entitled cause. A reasonable time was given the

Defendant after such call was made in which to appear, but the Defendant did not answer nor

appear.

Date

l 3 ~b Time

Case 2:18-cv-04003-SMB Document 45-2 Filed 01/08/19 Page 2 of 5

THE STATE OF TEXAS DENTON

055311 FILE FOR RECORD DENTON COUNTY CLERK

PERSONAL BOND KNOW ALL MEN BY THESE PRESENTs:OEC 1 7 2018

VANDYKE, JASON LEE as PRINCIPAL, J~ KE Also Known As:

is held firmly bound unto ihe State of Texas in the penal sum ($1,000.00) One thousand Dollars. And in addition the,elo i, DEPUTY for the payment of all necessary and reasonable expenses incurred by any and all Sheriffs and other Peace Officers in re-arresting the Principal in the event the conditions of the bond are violated. For the payment of which sum or sums, well and truly to be made, the Principal binds himself, his heirs, executors, and administrators jointly and severally by these presents.

The conditions of the above obligation is such that whereas the above named Principal stands charged with a MISDEMEANOR offense, duly presented in the County court of Denton County, Texas, to wit: FALSE REPORT TO POLICE OFF/SP INV/LAW ENF EMPL.

Warrant I Cause Number: 18-572003

Defendant's Name: \ kn k Vm t~ ... Complete Address: /0 0 Ds1, f')l"{;Q DC': UcS,t//1£?;> i-x 7f;c1J-2

/'vi Street (J S ,.,". <, ity ,J State Zip Race: Jtj__ Sex: .:.._i_ Height: .Jjj_ Weight: d12_ Hair: ~ Eyes: ~ Date of Birth: _}:j_1l1_l!1_e,,o

Place of Birth (City or County, and State: - -\,D ........ e""<~ .... k'I0<"-11 £ ... L"--'M'--_,),_ _______ _

Driver's License or OTHER Identification Number: I$( ~?J Q.. State: 1-'C Social Security#: 373 - q-G - 31?7 Telephone Number: ( '1/aj ) '1 f,'J -$ 5'1 C,

Employer's Name: _ ___;se::::....~P,1..--_...Jcb~L.:.""""'ktic.L..-f-+l.,__ ___________________ _

Employer's Address: Sotf\'\e t6 A C,ova..-Street City

Nearest Relative: -~S.......,v...,f.::..Jf,CL....V)....__\ .... /wA....,0'-'-- t"'-1-.... :z ..... h .... .Q_=------ Relationship: HrfftiPr---£7,s,:a City

Relative's Address: _.l...::3:.....3:....><~c..%0_ ..... c_l,;,i_l ..:.:.'ll_;otc._:M_;IJ::...;~:...:.=- l::....V)_,_ ____ -+-'....:=..::__ __ Street

Relative's Telephone Number: '--- )·-----------

I swear that I will appear before County Court at Denton Co. Texas, (circle) AS REQUIRED OR on the day of A.O., 20 at the hour of

State Zip

~ 7.s'tJ~S State Zip

OR UPON NOTICE BY THE COURT, or pay the court the principal sum of ($1.000.00) One thousand Dollars, plus all necessary and reasonable expenses incurred in any arrest for failure to appear. Now if I shall well and truly make said appearance before the said court, and there remain from day to day and term to term of said court, until discharged by due course of law then and there to answer said accusation against me, and further shall well and truly make my personal appearance in any all subsequent proceedings that may be had relative to said charge in the course of the criminal action based on said charge, this obligation shall become void ; otherwise to remain in full force and effect.

Signe dated on this, the __ day of A.O. 20 __

SO# lliW

Case 2:18-cv-04003-SMB Document 45-2 Filed 01/08/19 Page 3 of 5

ORIGINAL ANSWER Page 1 of 2

CAUSE NO. BF-2018-01041 THE STATE OF TEXAS § IN THE COUNTY COURT Plaintiff. § § v. § AT LAW NO. 2 § JASON LEE VANDYKE §

Defendant. § DENTON COUNTY, TEXAS

DEFENDANT’S ORIGINAL ANSWER

I. GENERAL DENIAL 1.1 Defendant, Jason Lee VanDyke, generally denies each and every, all and singular, the

allegations contained in the Judgment Nisi and demand strict proof thereof by a

preponderance of the good and credible evidence in accordance with the laws of this

state.

II. AFFIRMATIVE DEFENSES

( Lack of Notice )

2.1 Defendant would show that he did not receive timely actual notice of the hearing

referenced in the above-numbered and styled case.

III. PRAYER

3.1 WHEREFORE, PREMISES CONSIDERED, Defendant prays that the State of Texas

take nothing by its claims against him, that the Judgment Nisi be dismissed with

prejudice, and that Defendant’s bond be immediately reinstated.

Respectfully submitted,

/s/ Jason Lee Van Dyke Jason L. Van Dyke 108 Durango Drive Crossroads, TX 76227 P – (469) 687-9530 F – (972) 421-1830

Filed: 1/7/2019 12:00 AMJuli LukeDenton County, County ClerkBy: Sandra Barrera, Deputy

Case 2:18-cv-04003-SMB Document 45-2 Filed 01/08/19 Page 4 of 5

ORIGINAL ANSWER Page 2 of 2

CERTIFICATE OF SERVICE

I certify that a true and correct copy of the foregoing was served on Paul Johnson, Attorney for Plaintiff, by facsimile transmission to 940-349-2601 prior to 5:00 p.m. local time on January 5, 2019. /s/ Jason Lee Van Dyke JASON L. VAN DYKE

Case 2:18-cv-04003-SMB Document 45-2 Filed 01/08/19 Page 5 of 5