The Schwab Lawsuit – Dead on Arrival 08272018 – Kent Hovind v. Robert Baty

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Originally Posted August 29, 2018

by Robert Baty

Raymond and Amelia Schwab filed another federal lawsuit on August 27, 2018.

Link to File Containing Complaint

Schwab Complaint 08272018

Case Caption

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

.
Civil Action No. 18-cv-02190-GPG

Violation of Civil Rights (42 U.S.C. Section 1983)

False Light

Slander

Public Disclosing

Negligence

Jury Trial Demanded

.
RAYMOND R. SCHWAB, and
AMELIA D. SCHWAB,

.
Plaintiffs,

.
v.

.
KRIS KOBACH, in his individual and official capacity,
KANSAS DEPARTMENT OF CHILDREN AND FAMILIES,

.
KIM YOXELL, in her individual and official capacity,
ANGIE SUTHER, in her individual and official capacity,
PHYLISS GILMORE, in her individual and official capacity,
THERESA FREED, in her individual and official capacity,
KENDRA BAKER, in her individual and official capacity,
RANDY DEBENHAM, in his individual and official capacity,
BLAKE ROBINSON, in his individual and professional capacity,
ANDREW VINDUSKA, in his individual and professional capacity,
MIRANDA JOHNSON, in her individual and professional capacity,
LORA INGLES, in her individual and professional capacity,
BARRY WILKERSON, in his individual and professional capacity,
BETHANY FIELDS, in her individual and professional capacity,
.

RILEY COUNTY POLICE DEPARTMENT,

.
CARLA SCHWARTZ, in her individual and professional capacity,

JULIA GOGGINS, in her individual and professional capacity,

.
KVCA, 501c3 Nonprofit Organization,

.
RHONDA EISENBAREGER, in her individual and professional capacity,
DEJA JACKSON, in her individual and professional capacity,
.

PATHWAYS FAMILY SERVICES, LLC,
PAWNEE MENTAL HEALTH SERVICE,
SUNFLOWER CASA PROJECT, 501c3 nonprofit entity,
ST. FRANCIES COMMUNITY SERVICES, a 501c3 nonprofit entity,

.
KATHY BOYD, in her individual and professional capacity,
LAURA PRICE, in her individual and professional capacity,
KAYLEE POSSEN, in her individual and professional capacity,

.
ANTHONY ALLISON, in his individual capacity,
MICHELLE ALLISON, in her individual capacity, AND
AMANDA ALLISON-BALLARD, in her individual capacity, and

DOES 1-10 inclusive,

Defendants.

Almost immediately, the Court identified the filing as defective for various reasons and issued an ORDER advising the Schwabs to correct the deficiencies and convince the Court that Colorado was the proper venue or request a transfer, or face dismissal or transfer after 30 days.

Link to File Containing ORDER

Schwab Show Cause ORDER 08282018

(Excerpts)

ORDERED that Plaintiffs cure the deficiency designated above within thirty
days from the date of this order.

It is FURTHER ORDERED that Plaintiffs shall obtain the Court-approved Complaint
form, along with the applicable instructions, at www.cod.uscourts.gov, and

use that form to cure the above noted deficiency.

It is FURTHER ORDERED that Plaintiffs show cause in writing within thirty (30)
days of this order, why this action should not be dismissed without prejudice for
improper venue or transferred to the judicial district where venue is proper.

It is FURTHER ORDERED that if Plaintiffs fail to comply within thirty days from the
date of this order, the action will be dismissed or transferred without further notice.

Maybe the Schwabs can get their act together and move the case forward.

Maybe not.

Links to Related Articles on This Website (Partial List)

http://kehvrlb.com/raymond-aka-seraphim-schwab-performance-artist

http://kehvrlb.com/meko-haze-v-robert-baty-the-taking-of-the-schwab-children

http://kehvrlb.com/the-schwab-custody-case

http://kehvrlb.com/cowardly-raymond-schwab-desperate-for-my-attention

http://kehvrlb.com/schwab-v-holm-the-divorce

http://kehvrlb.com/meko-haze-v-robert-baty-libel

http://kehvrlb.com/amelia-schwab-on-why-the-children-were-taken

http://kehvrlb.com/why-raymond-schwab-his-people-are-security-risks

http://kehvrlb.com/schwab-haze-for-kansas-still-a-joke

Update August 30, 2018

The Topeka Capital-Journal (CJ On-Line) Story Link

http://www.cjonline.com/news/20180829/schwabs-file-federal-lawsuit-alleging-civil-rights-violations

First Comment Posted to Above Story

From: Robert Baty

Date: August 30, 2018

TIme: About 7:25 AM MT

The Schwab lawsuit based on the False Schwab Narrative failed to pass its initial tests and the Court has already issued an ORDER advising them that they should consider starting over; or at least cure the COMPLAINT’s failures and think about filing in Kansas instead of Colorado.
.
There has also been an on-line feud started because the Schwabs have dared to include Amelia’s family members as defendants.
.
Shame on Raymond and Amelia for continuing their frivolous pursuits.
.
– Robert Baty
– Long-time Schwab adversary (i.e., Raymond & Amelia really don’t like me)

Image of Above-Referenced Posted Comment

My proposal regarding a discussion of a fundamental and substantive issue regarding the Schwab custody case was never accepted and remains outstanding.

PROPOSITION FOR DISCUSSION

The State of Kansas was factually and legally
justified in taking custody of the Schwab children
and retaining custody.

– Robert Baty: Affirm
.
– Raymond Schwab: Deny
– Amelia Schwab: Deny

We just need to get Raymond or Amelia to face me and work out the logistics to where we can produce a proper discussion of that proposition.

Raymond and/or Amelia are welcome to appoint a surrogate to represent their position on the proposition.

Update August 31, 2018 – Raymond Admits Defeat

Link to Raymond’s Statement (Excerpts)

https://www.facebook.com/schwabstrong/posts/691754934530817

From: Raymond Schwab

Date: August 30, 2018

Time: 9:34 PM MT

We don’t hate Baty, or Amanda Allison, or any of the people we sued.

They should be pitied because inside they are dark, cold and dead or aflame with rage, depression, and personality disorders. They will reap the fruit of all their behavior, and some of them already do and can’t see that because of their lives and behavior, they are miserable. Depressed. Full of envy and hate.

We will save the debating for the Courtroom. The Federal Complaint is public and it is only a fraction of the claims and evidence we have.

We stand by our claims and will present them in a venue which can actually DO something about these injustices.

These trolls hide under pseudonyms and fake profiles. They secretly attack people and are not rational people. The best way to counter them is to continue the battle and expose as many cases as you can.

Don’t engage these people. See them for the cowards they are and block them, remove their comments, and commit to engage with people who are working to change this system. If we are wasting energy fighting trolls, informants, agent provocateurs, etc…we are allowing ourselves to be distracted away from the time we could be spending researching, advocating, learning the law, litigating, court watching, and encouraging others.

Give us a heads up if you see any troll activity so we can counter it without having to engage them.

Update September 3, 2018

Link to Scwhab FaceBook Live Broadcast

https://www.facebook.com/freetheschwabchildren/videos/216823469191878/

Raymond Schwab announced he will ask the Colorado Federal District Court to transfer his case to Kansas.

In the last minute of the above referenced broadcast, Raymond Schwab threatens me and his sister-in-law with the following comment:

“Don’t think I won’t come after you

Baty, and Allison (Amanda Allison).”

– Raymond Schwab

– September 3, 2018

Update September 6, 2018

Schwab request for transfer of case to Kansas:

Schwab transfer request

Update September 11, 2018

Schwab Case Transferred to Kansas

Schwab Transfer ORDER 09112018

Update September 12, 2018

https://www.facebook.com/photo.php?fbid=698161077223536&set=a.118045475235102&type=3&theater

I figure if Raymond believed that tripe he would face me or send his champion to face me and discuss the following proposition:

Proposition for Discussion

The State of Kansas was legally and factually justified in taking custody of the Schwab children.

– Robert Baty: Affirm

–

– Raymond Schwab: Deny

Maybe I missed something, but I couldn’t figure out how Raymond came up with the notion that Judge Crabtree was going to be the new judge in his federal case after the transfer to Kansas is completed.

Update September 27, 2018

It appears the federal district court in Kansas is in no hurry to give an answer regarding its intentions regarding Raymond Schwab’s case. I just made this screenshot of the docket entries on the case. So, we wait for the Court to act.

Update October 15, 2018

Court may be about to tell Raymond what it thinks about his case!

Update October 16, 2018

Raymond indicates he is getting rich and so now wants to pay his filing fees instead of try to claim he is a “pauper”, and he also wants to affect his own “service” on the defendants. See file linked below.

Schwabs Want to Pay 10162018

October 18, 2018

Raymond told to pay up by the end of the month and affect “service” on the defendants by December 17, 2018. Maybe he will revive his case. Maybe not.

Update October 19, 2018

Update October 20, 2018

One of Raymond’s new business ventures!

https://healingtree.life/2018/10/21/guide-to-using-medical-cannabis/

Update October 22, 2018

Raymond spends $400 to try and revive his federal case against Amanda Allison, his wife’s sister, and others.

Update October 26, 2018

Summonses Have Been Issued to Raymond for “Service”!

Update October 28, 2018

I don’t know if this guy is going to be serving Raymond’s summonses or what, but at least we get a look at the summonses.

https://www.facebook.com/permalink.php?story_fbid=259733764731016&id=100020831822325

My subsequent exchange with Mike Webb about the above:

Update November 29, 2018

Bwahahahaha! Raymond’s private process server, at least one of them, is AlmaAnn! See file below for documentation.

Schwab Process Server

Update December 3, 2018

As prophesied, it appears Raymond and his people are going to try and make a public spectacle of his frivolous federal case against his in-laws and others.

Update December 12, 2018

Raymond seems to be implying that his latest litigation is frivolous and that he is just using it for the spin he can put on it as he continues to seek notoriety for his position within the anti-government, anti-child welfare movement.

Update December 22, 2018

The first motion to dismiss in the case appears to have just been filed by St. Francis, a file copy which is at the link below:

Schwab St Francis Motion to Dismiss 12202018

In a post today, Raymond has indicated he will be talking about it on an Internet radio show tomorrow night. See link below:

https://www.facebook.com/centum.aught/videos/1997596866973265/

UPDATE January 23, 2019

I have been neglectful with updates. Various motions to dismiss have been filed and Raymond has started filing answers thereto. Questions have also been raised, by us observers, regarding Raymond’s claims to have “served” Amelia’s parents and sister.

Today, St. Francis filed its response to Raymond’s answer to its motion to dismiss, and that document is contained in the file at the link below:

Schwab Response Response by St Francis 01232019

Update November 1, 2019

I don’t keep up with ol’ Raymond much anymore, but I saw this today which vindicates the title of this article.

https://www.facebook.com/schwabstrong/posts/956121548094153

Update May 3, 2020 – It’s OVER!

Case Dismissed – Raymond Pledges an Appeal

Raymond Schwab Dismissal 04282020

Raymond Schwab Memorandum and Order 04282020

Update July 12, 2020

The Schwab Appeal Brief

Schwab Appeal Brief 06302020

Update March 19, 2021

Raymond Schwab has announced on his FaceBook page that his appeal failed.

Raymond Schwab Appeal Fails 03162021

Here is what Raymond said about it on his FaceBook page:

https://www.facebook.com/schwabstrong/posts/1363733793999591