If this is the kind of legal hot shots I am gonna be defending against, I am not worried - at all - about my chances of success.
First off, here is the docket sheet in 3:06-CV-04079, TMM, LLC v NR Media, Inc. apparently, TMM sued XclusiveCash before XclusiveCash sued them. Notice how at the bottom of the page, on the very first line, John's attorney sent the wrong filing fee to the Court. Isn't an attorney supposed to know what the then-current filing fee is for the court he practices in? Never mind, its a rhetorical question: yes he is!
And now, here is the Complaint from that case. You don't start a complaint off with "Count 1". You don't list the counts you are charging until you have alleged the facts upon which you rely on for those counts. If anything, you start it with "Complaint" and then "Facts of the Case" and then "Count I", etc and finally a "Prayer for Relief", -or- you can also do "Introduction", then "Parties" then "Jurisdiction", then "Facts of the Case" and then "Count I", etc and finally a "Prayer for Relief", if you want to go the long way. Most professionals do it the second way because it gets rid of a month worth of BS jurisdiction issues motions back and forth BS at the start.
I have NEVER seen a style manual that says you start off with "Count I" as the lead of your complaint, and I have read and own copies of them all.
Its clearly novice hour over at John's counsel's office. I can't wait to be served with my summons written on the back of a dinner napkin.
First off, here is the docket sheet in 3:06-CV-04079, TMM, LLC v NR Media, Inc. apparently, TMM sued XclusiveCash before XclusiveCash sued them. Notice how at the bottom of the page, on the very first line, John's attorney sent the wrong filing fee to the Court. Isn't an attorney supposed to know what the then-current filing fee is for the court he practices in? Never mind, its a rhetorical question: yes he is!
And now, here is the Complaint from that case. You don't start a complaint off with "Count 1". You don't list the counts you are charging until you have alleged the facts upon which you rely on for those counts. If anything, you start it with "Complaint" and then "Facts of the Case" and then "Count I", etc and finally a "Prayer for Relief", -or- you can also do "Introduction", then "Parties" then "Jurisdiction", then "Facts of the Case" and then "Count I", etc and finally a "Prayer for Relief", if you want to go the long way. Most professionals do it the second way because it gets rid of a month worth of BS jurisdiction issues motions back and forth BS at the start.
I have NEVER seen a style manual that says you start off with "Count I" as the lead of your complaint, and I have read and own copies of them all.
Its clearly novice hour over at John's counsel's office. I can't wait to be served with my summons written on the back of a dinner napkin.
~TheDoc - ICQ7765825
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