On March 26, 2021, Ranch Matters published a report titled, “Domestic Harassment” regarding Robert (“Rob”) Birky’s battle with OHSA over alleged Covid violations at his business, Eagle Bakery, in Madras Oregon.

The report talked about how the process server was forced to navigate through a sea of vocal supporters both inside and outside the bakery. The process server was easily identified, because he was the only person wearing a face mask.

It took two tries for the process server to get the job done.

As he rapidly departed the bakery he told Ranch Matters: “I feel I was set up today by the party.” He followed up by saying: “This sucks.”

Documents recently obtained reveal that the process server’s AFFIDAVIT OF SERVICE submitted to the Deschutes County Court on March 31, 2021, states: “The defendant asked for me to appear during an organized protested rally where people who seemed to be customers surrounded me called me a tyrant and a nazi (sic) and wouldn’t let me through to access the store. They also filmed me and blamed me for the suit. It is clear that Robert set me up for harassment. I called him immediately and he agreed to meet me to accept service. I had to set and endure harassment he then accepted service. HE WAS PART OF THE PROTEST.”

AFFIDAVIT OF SERVICE

The State’s attorney filed a DECLARATION about the process service event and stated, in part, “I make this declaration to set forth how service of the Summons, Complaint, Motion for Order to Show Cause, Declaration of Jarrod Bohn and Order to Show Cause was accomplished in this matter.”

She added, “Malstrom’s Process Serving Co. successfully completed service on Defendant on March 26, 2021. The process server had some difficulties serving the Defendant and reported that Defendant had customers surround me and call me a tyrant and a nazi (sic) and wouldn’t let me through to access the store. They also filmed me and blamed me for the suit.”

The documents also confirmed there was an April 15, 2021, hearing and the Defendant did not appear.

The State has now filed an ORDER TO COMPLY WITH SUBPOENA stating: “NOW, THEREFORE, THE COURT HEREBY ORDERS THAT DEFENDANT ROBERT BIRKY, D/B/A EAGLE BAKERY, shall immediately comply with the Subpoena by producing all responsive records to OSHA within 14 days from the date of personal service of this order and that, if such documents do not exist, Defendant must provide OSHA a written statement saying that he was unable to provide the documents responsive to the Subpoena because they do not exists.”