COURT OF COMMON PLEAS

FRANKLIN COUNTY, OHIO

____________________________
Adair Asset Management, LLC
405 N 115th St. STE 100
Omaha, NE 68154

Plaintiff

Thomas Fougere
1315 Hamlin Pl
Columbus, OH 43227 CASE NO. 22-CV-03-1780

Defendant Judge K. Brown

_________________________________

60 B MOTION TO VACATE JUDGMENT AND DISMISS CASE

On March 21st 2022, plaintiff Adair Asset Management was eligible to file suit for

the outstanding tax certificates in the amount of $3,487.45 and $2,294.19 which total

$5781.64.

In a conspiratorial action with the Franklin County Treasurer's Office they prepaid

taxes not yet due of $974.29 and allowed the certificate of $1304.76 to be included in

the suit. To further the extrinsic fraud that was occurring, Adair Asset Management

would not give a correct figure and relied on the fallacious figures provided by the

Franklin County Treasurer's Office.

Because of the actions by US Bank in three separate instances, it is likely that they

played a part with conspiracy at the heart of it. Their refusal to reissue a check that

was more than likely stolen from the home of Thomas Fougere did not occur until
after the suit was filed. They did not offer to reissue this check until it was revealed to

them that all of the phone calls with their employees refusing to reveal the proper

department to reissue the check for months were recorded. It was only at the point of

mentioning the FBI did they agree to reissue the check.

A subsequent time before and after summary judgment was granted, once again

they attempted to block the defendant from accessing his own money and those phone

calls, hours of them are also recorded. Yesterday, Thomas Fougere was informed that

his account with US Bank was blocked from any transactions, and the balance made

completely unavailable.

These circumstances are not livable and nobody should have to go through them.

It's also become apparent that there has been a clandestine stalking/surveillance

operation that has been in effect for a significant amount of time. It consists of

multiple break-ins and theft of personal property and assets. There are constant noise

campaigns that are designed to instill a sense of the terror of being largely

outnumbered. Perhaps in an unprecedented set of circumstances that has been

extended to anybody and everybody that defendant Thomas Fougere has any kind of

interaction with. The most concerning is when he cannot maintain cell phone service

or internet service for a myriad of reasons unrelated to payment. The absolute worst

was the two and a half years of being denied medical attention by constantly having

appointments made and then canceled by the provider. It wasn't enough just to cancel

them, they had to do it in the cruelest fashion possible.

There have been multiple instances of Franklin County being caught in a lie and

they provided no affidavit for their assertions so summary judgment could not have
 been granted based on their what they were trying to claim for payment because no

amount was being provided by the plaintiff. Therefore, this action should be dismissed

as was previously requested prior to the granting of the summary judgment motion.

Fraud upon the court was obvious and because it was a government agency putting

these figures forward and a court seemingly going along with it the malfeasance

becomes glaringly obvious.

Essentially plaintiffs lawyer egregiously deprived defendant of paying the

amount actually due and wasting valuable time and effort where he would have

prevailed absolutely could have prevailed.

Lawyers and judges are officers of the court any fraudulent misrepresentations

they may make on a central matter in a legal dispute constitutes the perpetration

of a fraud upon this court.

"Fraud upon the court" has been defined by the 7th Circuit Court of Appeals

to "embrace that species of fraud which does, or attempts to, defile the court

itself, or is a fraud perpetrated by officers of the court so that the judicial

machinery can not perform in the usual manner its impartial task of adjudging

cases that are presented for adjudication. Kenner v. C.I.R., 387 F.3d 689 (1968);
7Moore's Federal

Practice, 2d ed.,p. 512, ¶ 60.23. The 7th Circuit further stated "a decision
produced by fraud upon the court is not in essence a decision at all, and never
becomes final." What effect does an act of "fraud upon the court" have upon the
court proceeding?"Fraud upon the court" makes void the orders and
judgments of that court. TheU.S. Supreme Court has consistently
held that a void  order is void at all times, does not have to be reversed or
vacated by a judge, can not be made valid  by any judge, nor does it gain
validity by the passage of time. The order is void ab initio.

Vallely v. Northern Fire & Marine Ins. Co., 254 U.S. 348, 41 S.Ct. 116 (1920).
“Fraud destroys the validity of everything into which it enters,” Nudd v. Burrows
(1875), 91US 426, 23 Led 286,

290; particularly when “a judge himself is a party to the fraud,” Cone v.

Harris (Okl. 1924), 230 P. 721, 723.

Windsor v. McVeigh (1876), 93S 276, 23 Led 914, 918. 

Defendant has already remitted a check for $10,170.43 because there is no respect

for the rule of law here. A separate action will address what has gone on in federal

court.

Therefore , defendant Thomas Fougere, request that the plaintiff's attorney's

proposed order be reversed and this matter dismissed as should have been prior to the

granting of the motion for summary judgment.

Respectfully Submitted,

_____/s/ Thomas Fougere ___

Thomas Fougere
CERTIFICATE OF SERVICE

Undersigned hereby certifies that the foregoing was electronically transmitted to the Clerk’s
Office using the electronic filing system, this 17th day of March, 2023. The following parties
will be notified electronically through the Court’s system:

CERTIFICATE OF SERVICE

I mailed a copy of this document to the following people on April 22 2022 by regular first class
U.S. mail:

Joseph Beyke, Attorney for Plaintiff Beyke Law, Ste 28

8561 S. Mason-Montgomery
Mason, OH 45040

Adair Asset Management 405 N. 115th St. Ste 100

Omaha, Ne. 68154

______________/s/ Thomas Fougere ___

Thomas Fougere,