MARBLETOWN – At least two of the seven defendants in the RICO suit against Marbletown resident Richard Ulloa have yet to be served with legal papers. There are also questions related to the fact that two of the defendants that have been served are employees of Marbletown who ended up being named in the suit because as they had notarized several documents for Ulloa.

For those who are unfamiliar with the story, Richard Ulloa of Stone Ridge was originally arrested by a Town of Rosendale police officer in June 2009 and given two traffic tickets for driving without a license, even though he had a valid International Drivers Permit and a Costa Rican license. Feeling that his rights were violated, Ulloa began to file various liens against Ulster County, several municipalities, and their employees. Subsequently, a civil RICO suit was then filed against Ulloa, and others, by the aforementioned plaintiffs, only adding to the strangeness of this saga.

At this point in time, it seems that there is a delay in the proceedings. Only a handful of many defendants in the RICO suit have been served, these being three Notary Publics that notarized documents for Ulloa and Ulloa himself. One such defendant and notary is Ulloa's sister, Sarah; and the others are Katherine Cairo Davis, Marbletown Town Clerk; and Kathy Steinhilber, the Marbletown Assessor's Clerk. Ulloa, himself, was served this past Monday, May 31.

Ulloa said that his sister has already filed a "Motion to Dismiss." The motion states that she had only executed the functions of her office as a Notary of the State of New York, has committed no crime, and requested to be removed from the civil RICO action filed by the plaintiff's attorney, John W. Bailey on April 30, 2010.

Davis and Steinhilber could not give any comments to the press as they are presently being represented by individual attorneys. However, the Marbletown Town Board has contacted the town's insurance company to see if this lawsuit against two of their employees fits within the criteria for the town to cover legal expenses for the pair. These individuals became defendants in the suit as a result of their performance of their duties as town employees.

However, this delay in the process may be due to the fact that the plaintiff's attorney has written an ex parte letter to the Honorable Magistrate David R. Homer at the James T. Foley U.S. Courthouse in Albany requesting more time to file a civil RICO statement required by General Order No. 14.

Bailey's letter to the judge also stated that he felt it would be some time before all the defendants were served. Baily wrote that it would be premature to file a civil RICO in compliance with Order No. 14 and requested that he be allowed to file the plaintiff's RICO statement on or before June 30, 2010.

This request was received by Magistrate Homer on May 18, 2010.

Several voicemail requests were left at Bailey's office for information as to why so few of the defendants have been served and why he requested additional time for a RICO statement. The phone calls were not returned.