Callier vs Bauer -- Bauer wins the case.

Bauer defeats Plaintiff in Callier v. Bauer

The plaintiffs in Callier vs. Bauer, a federal court case in El Paso Texas lost their case when they could not prove their allegations.

Since they could not prove their case they have obviously filed a malicious lawsuit against Creditwrench CEO Bill Bauer.

How can we know that such is the case? That's easy. Here are the requirements to prove a case of malicious prosecution.

The elements of a malicious prosecution case are (1) that the defendant filed and/or prosecuted the underlying civil action; (2) a favorable termination of the prior case, in which the innocence of the former defendant was established; (3) the absence of probable cause, meaning that no reasonable attorney would have considered it to be tenable; (4) malice, which can be implied from a conscious disregard for the consequences, from a lack of probable cause, and from inadequate investigation and research, and (5) damages.

Obviously it will not be difficult to prove that the defendant filed and or prosecuted the underlying civil action.

And it will not be difficult to prove that the termination of the prior case in which the innocence of the former defendant, Billie Bauer was established when the plaintiff(s) could not prove their case and had to let it be dismissed by the court for lack of proof of their complaints.

The third element of proof is that there was no probable cause meaning that no resonable attorney would have considered it to be tenable and

Malice, which can be implied from a conscious disregard for the consequences, from a lack of probable cause and from inadequate investigation and research and

of course the damages. The Plaintiff in the new case soon to be filed in the Western District Federal Court in Oklahoma City, Oklahoma will probably ask for and demand unlimited damages.

The first case will be filed against Ana Callier for her attempt to claim that Creditwrench CEO Billie Bauer had stalked her under 18 U.S.C. 2261(a). Since there had never been any contact of any kind whatever with the defendant by the new plaintiff, Ana Callier could not possibly have proven her case and the Judge in the previous case obviously knew that. The court's major reason for dismissing the case presented by Ana Callier was that the charge of stalking under 18 U.S.C. 2261(a) is a criminal complaint and can only be brought by a U.S. Prosecutor thereby fullfilling the third element of malicious prosecution.

On Thursday, June 21, 2007 the author of the blog known as angryconsumer.blogspot.com wrote the following, to wit:

Yup, that's right, Billie we've had enough of your stuff, and you've been sued. It was filed yesterday, and you should get your invitation around 10AM to the party we are having in his honor in court. Come on down, bring a friend, and we can all get to know each other really well in court.

If someone has such a burning desire to meet me in a federal court their hearfelt desire should not be denied. To do so would indeed be a shame and so in order that they might have their burning desire fullfilled we will give them that opportunity to do so by inviting them to come to Oklahoma City for that special purpose. Our first invitation will be directed to Ana Callier. I'm sure that lady would just love to come to Oklahoma City to defend a case of malicious prosecution against her for unlimited damages.

Of course, since I am well aware that such a trip will be a bit expensive for her I will give her the courtesy of reducing the costs of such a trip in the following manner.

Notice of Lawsuit and Request for Waiver of Service of Summons
TO:Ana L. Callier

A lawsuit will be commenced against you (or the entity on whose behalf you are addressed). A copy of the complaint is attached to this notice. It will be filed in the

United States District Court for the Western District of Oklahoma and has not yet been assigned a docket number.

This is not a formal summons or notification from the court, but rather my request that you sign

and return the enclosed waiver of service in order to save the cost of serving you with a judicial

summons and an additional copy of the complaint. The cost of service will be avoided if I receive

a signed copy of the waiver within 20 days after the date designated below as the date on which

this Notice and Request is sent. I enclose a stamped and addressed envelope (or other means of
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cost-free return) for your use. An extra copy of the waiver is also attached for your records.

If you comply with this request and return the signed waiver, it will be filed with the court and

no summons will be served on you. The action will then proceed as if you had been served on the

date the waiver is filed, except that you will not be obligated to answer the complaint before 60

days from the date designated below as the date on which this notice is sent (or before 90 days

from that date if your address is not in any judicial district of the United States).

If you do not return the signed waiver within the time indicated, I will take appropriate steps to

effect formal service in a manner authorized by the Federal Rules of Civil Procedure and will

then, to the extent authorized by those Rules, ask the court to require you (or the party on

whose behalf you are addressed) to pay the full costs of such service. In that connection, please

read the statement concerning the duty of parties to waive the service of the summons, which is

set forth on the reverse side (or at the foot) of the waiver form.

I affirm that this request is being sent to you on behalf of the plaintiff,

this ___ day of ________, _____.


___________________________
Signature of Plaintiff Pro Se

Waiver of Service of Summons
TO:____(name of plaintiff’s attorney or unrepresented plaintiff)____
I acknowledge receipt of your request that I waive service of a summons in the action of

____(caption of action)____, which is case number ____(docket number)____ in the

United States District Court for the ____(district)____. I have also received a copy of the complaint in the action, two copies of this instrument, and a means by which I can return the signed waiver to you without cost to me.
I agree to save the cost of service of a summons and an additional copy of the complaint in this lawsuit by not requiring that I (or the entity on whose behalf I am acting) be served with judicial process in the manner provided by Rule 4 .
I (or the entity on whose behalf I am acting) will retain all defenses or objections to the lawsuit or to the jurisdiction or venue of the court except for objections based on a defect in the summons or in the service of the summons.
I understand that a judgment may be entered against me (or the party on whose behalf I am acting) if an answer or motion under Rule 12 is not served upon you within 60 days

after ____(date request was sent)____, or within 90 days after that date if the request was sent outside the United States.

All that Mrs. Callier will have to do in order to save the costs of service of summons is to sign the document before a notary public when it arrives at her home in El Paso Texas and return it to the Plaintiff via certified mail return receipt requested and she will then save the costs of service of summons.

That will at least be a small benefit in terms of cost savings. When will I actually send the above to the lady or when willI file the case against her? Well, only time will tell.