IN THE COURT OF COMMON PLEAS COUNTY OF DORCHESTER STATE OF SOUTH CAROLINA

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1 1 3 Rodney F. Stich Diablo Western Press PO Box Reno, NV N THE COURT OF COMMON PLEAS COUNTY OF DORCHESTER STATE OF SOUTH CAROLNA STATE OF SOUTH CAROLNA ) Case No. 00-cp COUNTY OF DORCHESTER STEVE GRATZER, i ) SPECAL APPEARANCE OBJECTNG TO ) THS COURT'S JURSDCTON OVER ) DEFENDANTS. CHALLENGE TO j SERVCE OF PROCESS, SUMMONS ) AND COMPLANT Plaintiff, VS. 1 DECLARATON DABLO WESTERN PRESS, NC, AND RODNEY F. STCH, ) ) 1 20 Defendants. Defendants declare: Defendants hereby make a special appearance for the sole purpose of addressing this court's absence of personal jurisdiction over them, the service of process, summons, and complaint The absence of personal jurisdiction over Defendants arises from the following: a. Neither defendant has or had any residence in South Carolina. 25 b. Neither defendant has or had any business outlet in South Carolina. 26 c. Neither defendant sought any business from anyone in South Carolina. 27 d. Neither defendant has ever made reference to any South Carolina resident named 28 Steve Gratzer.

2 1 resident, or anyone by the name of Steve Gratzer. f. Defendant Diablo Western Press has no record of any book sales to anyone in South Carolina. 5 g. The only reference to anyone by the name Steve Gratzer, was to repeat what a former physician stated to defendant Rodney Stich, as she made brief reference to her husband, Steve Gratzer, of Ely, Nevada, shortly before she was shot to death by person or persons unknown. The name Steve Gratzer has been frequently stated in news articles in the Las Vegas, Nevada newspapers in connection with the murder of Las Vegas casino owner, Ted Binion. The reference in the book of the name of Steve lo Gratzer, an Ely, Nevada resident, that focuses on misconduct in government offices, l1 l2 is as follows: mprisoning A Doctor On Perjured Testimony 1 n 1997 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 daho National Guard, with 16 years of military service behind him. 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, "f '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 daho while he was the physician assigned to the daho National Guard air wing. During the Ruby Ridge attack that killed Mrs. Weaver and her son, ATF agents had gone to the daho 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

3 against the law, the constitution, and finally, Randy Weaver is an daho Citizen. Either you get out or 1' 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. t 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. nternational Shoe Co. v. Washington (1945) 326 U.S 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.

4 7. A passive website, or with no reference to Nevada resident Steve Gratzer, or any Steve Gratzer, does not confer upon this court jurisdiction over defendants based upon an nternet presence. Rubbercraft Corp. of California v. Rubbercrap, nc., CV WDK, 1997 WL (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, nc. v. Cybersell, nc., 130 F.3d 414 (9th Cir. 1997) at 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 t is the duty of the plaintiff to establish a prima facie showing that jurisdiction exists. Patriot Systems, nc. 1 C-Cubed Corp., 21 F. Supp.2d 1318,1320 (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 Defendants did not at any time avail themselves of any benefit from the State of South Carolina.. Defendant's use of the nternet is primarily to convey information about corruption in government offices, and is primarily passive. SUMMARY n the interest of fairness, fair play, substantial justice, and constitutional protections, Defendants request that this court decline to accept jurisdiction. f it does not decline, it will pla: a role in attempting to block the exposure of criminal activities in key government offices that

5 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., 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,

6 DECLARATON OF SERVCE CASE: STEVE GRATZER VS DABLO WESTERN PRESS AND RODNEY F. STCH, NO. 00-cp , Rodney Stich, declare as follows: am over the age of 1 8 years. My mailing address is P.O. Box 10587, Reno, NV On September 25, 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 Cross County Road, Suite 1 PO Box Charleston, SC Executed on September 25,2000, at declare under penalty of perjury th