Summons Served on Mayor Joy

On April 10, 2008, a summons was served on Eureka Springs Mayor Dani Joy notifying her of the lawsuit filed against her by five of the City’s residents for vetoing the election of Pat Matsukis to City Council. The summons also notifies Joy of other legal requirements. She is warned that the Court may declare a judgment by default for plaintiffs if she does not respond within twenty days.

Lead plaintiff Pat Matsukis et al allege that Joy’s veto of Matsukis’ election to Council must be stopped. Plaintiffs have asked for a temporary restraining order and a preliminary injunction, requiring that Matsukis be seated.

The body of the summons is as follows:

NOTICE

1. You are hereby notified that a lawsuit has been filed against you; the relief asked is stated in the attached Complaint for Declaratory and Injunctive Relief.

2. The attached Complaint will be considered admitted by you and a judgment by default may be entered against you for the relief asked in the Complaint unless you file a pleading and therein present your defense. You pleading or answer must meet the following requirements:

……….A. It must be in writing and otherwise comply with the Arkansas Rules of Civil Procedure.
……….B. It must be filed in the court clerk’s office within twenty days from the day you were served with the summons.

3. If you desire to be represented by an attorney, you should immediately contact your attorney so that an answer can be filed for you in the time allowed.

4. ADDITIONAL NOTICES

……….Motion for Temporary Restraining Order and for Preliminary Injunction

……….Brief in Support of a Motion for Motion for Temporary Restraining Order and for Preliminary Injunction.

The summons was received by Carroll County AR Sheriff Robert Grudeck on April 9, 2008.