UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

SOUTH BEND DIVISION

LIFE CHOICE INTERNATIONAL INC, et al

Plaintiff
Vs Case No. 3:00CV649RM

THE REPUBLIC OF BULGARIA, et al

Defendant

PRAECIPE

Required,

1) That the Clerk strike as inadmissible the pleadings of respondent Prof. Dr. Bogdan
Petrunov M.D. (hereinafter “Petrunov”) filed as interpleader and proceed to enter a
Default in the above entitled action against the Defendant National Center For
Infectious and Parasitic.

2) Plaintiffs rely on provisions of L.R.1.3. 1requiring the Clerk strike the interpleader’s
filing for failing to conform to the form and style required by the Court.

3) Plaintiffs further rely upon the fact that interpleader has failed to pay the necessary
filing fees.

4) Plaintiffs further rely upon the fact the interpleader has failed to serve his pleadings
on any of the Plaintiffs.

5) IN THE ALTERNATIVE Plaintiffs rely on Fed. Rules of Civ. Proc. 17(a) 2, the
pleading so filed by the interpleader for Defendant NCIPD fails to establish the
interpleader “Petrunov” as a real party in interest, sufficient in law, to act pro se, for
Defendant NCIPD, an agency or instrumentality of Defendant Republic of Bulgaria.

6) FURTHER IN THE ALTERNATIVE the answer provided by the interpleader for the
Defendant NCIPD is immaterial and insufficient as a defense to the claims and
complaints alleged in the above-entitled action and should be stricken.

1
7) Plaintiffs rely on provisions of Fed. Rules of Civ. Proc. 12(f)3

8) That the Clerk entering a Default against said Defendant NCIPD is proper since no
admissible appearance or defense by the said Defendant has been filed or served on
the Plaintiffs within the time allotted.
9) Plaintiffs rely on provisions of Fed. Rules of Civ. Proc. 55(a)

10) In support of this request is attached:

a) Plaintiff’s Affidavit in Support of Default.

b) Plaintiff’s Affidavit of Service

c) Endorsement of Server

d) A Default to be signed by the Clerk.

February 12th, 2001 Plaintiff Robert Kap

2
4
RULES RELIED UPON

3
1
L.R. 1.3 Sanction
The Court may sanction any attorney or person appearing pro se for violation of any local rule governing the form of
pleadings and other papers filed with the court by…ordering stricken …[SIC]… a paper which does not comply with these
rules.
2
Fed. Rules of Civ. Proc. 17(a) A Real Party In Interest.
Every action shall be prosecuted in the name of the real party in interest. An executor, administrator…. a party in whom or
in whose name has been made for the benefit of another or a party authorized by statute…[SIC].
3
Fed. Rules Civ. Proc. 12(f) Motion To Strike
Upon motion made by a party before responding to a pleading…[SIC]…the court may order stricken from any pleading any
insufficient defense or redundant, immaterial, impertinent or scandalous matter.
4