I hired a dog for stud services. We had a verbal agreement. The dog was unable to perform naturally and we had to rely on Artificial Insemination (the cost of the stud service was lowered since I would incur all cost of the inseminations). Both parties were present at the first insemination and we were both instructed by the vet that this would require multiple visits (which we knew and why the cost was reduced to half the original amount). The Plaintiff is now suing me stating that I took his dog (which was staying at my house so we could still try for a natural breeding) to have semen removed without his consent. This was clearly not the case and I have plenty of proof which reflects just that. This was never an issue, nor brought up, until we had a falling out months later.
In his original Complaint, he did not provide any information except state that I took his dog for inseminations without his consent. I filed a motion to dismiss
and motion for sanctions (court denied). We had a mediation hearing -- his part was conducted telephonically since he moved out of state stating he was taking care of a sick parent (although 10 months earlier he mentioned he was planning on moving since he was retiring), at the mediation nothing was resolved. A couple of weeks later I received notice in the mail that a pretrial was set (attendance mandatory) and disclosure statements were to be submitted at the pretrial. He failed to appear (at that time I filed a motion for reconsideration on motion to dismiss/motion for sanctions (I had a gut feeling he wasn't going to show up)). Decision pending (pretrial was two days ago).
On the day of the pretrial he filed electronically (stamped day of pretrial) a change of address, a request to postpone pretrial hearing, and a motion to have a telephonic pretrial hearing. His reasoning for missing the original pretrial hearing was that his mail was "for some reason not forwarded," therefore he missed the court date (amazingly enough, his motion to postpone the pretrial was submitted the same day the pretrial was scheduled).
With all that said...
1. I want to file a motion to deny his request. I would like to know what I can list in my motion to deny. His move was planned... he filed this lawsuit KNOWING he was moving out of state and I believe he feels he can sit in his living room drinking coffee and conduct everything over the phone while I am moving my schedule around and running all over town getting all my paperwork together and going to the courthouse.
I also feel that this has just bought more time to look over my disclosure statement and has additional time to prepare his. I am frustrated.
2. I would also like to file a counterclaim
. It is my understanding that I have to now seek permission from the court to file a counterclaim (since I did not submit it at the time of my answer). I am not sure what I can sue for... Breach of Contract
, Breach of Duty of Good Faith and Fair Dealing, Infliction of Emotional Distress, etc.?? What are my other options. I now want to hit this guy with everything I can. This has been extremely upsetting and time consuming. I would like to know, in addition to what I can counter sue for, what cost am I able to seek/recover (beside court costs, expenses incurred)?
3. Can I also request that he produce documentation (ie., forwarding envelope which would state the date it was forwarded, if indeed this was the case), or will what argument can I have for my motion to deny? I had to take time out of my schedule and wait at the courthouse (as well as file my disclosure statement) only to have him fail to show up or notify the Court on the day of the hearing.