Emplmntlaw1: Question: How exactly do I dispute, in my
John Emplmntlaw1: Question: How exactly do I dispute, in my response, Plaintiff's legal argument?He seems pretty sure of himself & totally contradicts your assertion that simply answering "Denied as untrue" and "Failure to state a claim upon which relief can be granted" is sufficient.What in the world can I write in my response to counter all this BS? His #12, #14 and #15 are particularly concerning to me.FROM PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS:5. In evaluating a Rule 12(c) motion, a court may consider the complaint, theanswer, matters of public record whose authenticity is not in dispute, and exhibits attached to the complaint or answer so long as they are “integral to the complaint and authentic.” Massey v. Ojaniit, 759 F.3d 343, 347 (4th Cir. 2014).6. A court may grant a motion for judgment on the pleadings when no genuineissues of material fact remain and the case can be decided as a matter of law.7. A dismissal pursuant to Rule 12(c) is with prejudice. LaRue v. DeWolff, Boberg& Associates, Inc., 450 F.3d 570 (4th Cir. 2006).8. In the present case, the Plaintiff asserts that it has set forth a prima facieComplaint with respect to unpaid student loan amounts.9. The Plaintiffs Complaint contains only five straightforward, numbered paragraphssetting forth the identity of the Defendant as well as the amounts due.10. As a general rule, federal court pleadings need not be extensive or detailed. Onthe contrary, Fed.R.Civ.P. rule 8(b) requires only that defenses shall be stated "in short and plain terms."11. For the most part, denials are to be "specific denials of designated averments orparagraphs." However, general denials which controvert all of a complaint's averments areacceptable under the rule if they are made "in good faith" subject to the obligations ofFed.R.Civ.P. rule 11. White v. Smith, 91 F.R.D. 607, 608 (W.D.N.Y. 1981). “These few basicrequirements are exceedingly simple to meet. The federal rule does not contemplate an elaborate reply to every allegation of a complaint.” Id.12. “The rules governing responsive pleadings require merely that an answer besufficiently particular to inform the plaintiff what defenses he, she, or it will be called upon tomeet.” Id. and See, Wyshak v. City National Bank, 607 F.2d 824, 827 (9th Cir. 1979);Friedlander v. Cimino, 520 F.2d 318, 320 (2d Cir. 1975); Yarnell v. Roberts, 66 F.R.D. 417,423-24 (E.D.Pa.1975). White v. Smith, 91 F.R.D. 607, 608 (W.D.N.Y. 1981).13. In the present case, the Defendant admitted the allegations in the first twoparagraphs of the Complaint, however, with respect to the remaining three paragraphs simply stated “Defendant denies the allegations in paragraph [3,4,5] of the complaint as untrue.”14. As required by the Federal Rules of Civil Procedure, the responsive pleading ofthe Defendant is insufficient as the Answer is not sufficiently particular to inform the Plaintiff asto the defenses it will be called upon to meet.15. The ‘form answer' submitted by defendants in this action does not come close tocomplying with the Federal Rules of Civil Procedure, not to mention basic notions of dueprocess, adequate notice and fair play.” White at 608.16. Other than the Plaintiff, the Defendant is the only other party with knowledge orinformation related to the loans and whether payment against those loans have been made.17. The Defendant's Answer will only cause a delay of this case and does nothing toinform the Plaintiff what defenses it will be called upon to meet.WHEREFORE, the Plaintiff respectfully ***** ***** Honorable Court grant Plaintiff'sMotion pursuant to Fed. R. Civ. Proc. 12(c), and grant judgment in favor of the Plaintiff andagainst the Defendant.
Mother prescribed a broad-spectrum antibiotic for over one
Mother prescribed a broad-spectrum antibiotic for over one year by general practice physician; limit on duration of use is two months as mandated by pharmaceutical manufacturer. Mother contracted a bacteria called C.Diff. A very common cause of a C-Diff infection is if an individual took a antibiotic for even just a month. Mother experiences colitis and renal failure, the latter was the cause of her death as shown on death certificate.
My ticket was for 34 mph in a 15 mph school zone. Speed
My ticket was for 34 mph in a 15 mph school zone. Speed limit outside of school zone hours is 30 mph.1. The ticket cites Tennessee law 55-8-152 (L). I don't know what the "(L)" is for, but the text of 55-8-152 says that the reduced speed limit in the school zone is in force "only while children are actually present." There were no children visibly present in the area at the time I was ticketed. Does this constitute a sound basis for arguing for a "not guilty" verdict in court? Or does the concept of children being "present" include inside the school building or inside vehicles delivering them to the school? If the officer's report does not explicitly state that children were present, does this constitute an essentially impossible burden of proof for the prosecution?2. Given that I was cited for 4 mph over the non-school-hours speed limit, would I still be found guilty of speeding at 4 mph over the limit even if the argument in no. 1 above were successful?3. My citation does not say anything about "reckless driving", but it does have the "school" box checked, and Tenn. law says speeding in a school zone is prima facie evidence of reckless driving. So does this mean that my situation is that I currently have only a speeding ticket but if I go to court the judge could find me guilty of reckless driving?
Can you direct me to an attorney that can help me to file a
Can you direct me to an attorney that can help me to file a motion to get additional time to file an informal brief to the appellate court.JA: Because laws vary from place to place, can you tell me what state this is in?Customer: MarylandJA: Has anything been filed or reported?Customer: Yes, I went to the US district court in Greenbelt, Md where my case was decided. At that time I paid 505 dollars to the court clerk to file an appeal. I then received a packet from the Clerk's office US Court of Appeals for the 4th Circuit in Richmond, Virginia. They sent me directions for informal brief due by January 30, 2017. Three weeks earlier I contacted an attorney but never heard anything from him until yesterday. At that time his assistant informed me that they would not be taking the case.JA: Anything else you want the lawyer to know before I connect you?Customer: Yes, The attorney used the term prime facia case not presented. I believe this means that insufficient or inadequate information was submitted by my attorney. After looking at the Judges opinion I saw little or no evidence that the thousands of pieces of evidence I submitted to my attorney were ever used to defend or rebut their allegations.
Not sure where to begin. My 23 year old niece Lea was
Hello, and not sure where to begin. My 23 year old niece Lea was arrested 12/23/16. She started having chest pains the night she was arrested, and was kept in jail for 4 days. During the 4 days, she became more ill. Vomiting, fever, etc. after asking for help multiple times it was apparent that the guards weren't going to get help for her.My niece died about 6 days later due to MRSA and black mold in her bloodstream. She had 2 small children under age 5, who DHS took into custody. Our family is devastated to say the least.i need to know if her civil liberties were violated by the jail not listening to her pleas for help.Also many of the girls in the cell were furious because the guards would not help Lea. When Lea was first admitted to the hospital and after test were ran, asked why the family didn't get her help sooner. The Dr.said what Lea had was treatable if the infection hadn't spread to far. Despite the Dr.'s attempt it was to no avail and passed on 1/7/16. Lea had become addicted to meth approximately the last 6 months of her life. The jail was completely filthy with black mold all over the shower wall. She lived in a small town in Ozark, AR. The day Lea was arrested, The police were looking for her brother who had a warrant out. Late that afternoon her brother showed up at her moms house. Lea was there. The police came in and arrested Her brother, her and my sister, (Lea's mom) and charged them with harboring a criminal.We do not know if Lea became sick due to the needle or Jail but. What I'm concerned about is the jail not helping her. They( the police) may have seen Lea as just a junkie and not worthey of help but she was the same beautiful soul that was always, kind, loving and helpful and got lost because her husband talked her into trying a needle. I do not want her death to be in vain and do not want another family to lose their loved one from neglect. Lea tried to get into a rehab several times but the waiting list was always too long. She had been clean for 2 days before being arrested. The Dr ran a drug test on Lea in the hospital and it came back clean. She was trying to get clean and start her life over so that her and the kids could have a good life. If anyone can give me any advice on this and know if the jail had any responsibility in her death I would like to know. I am doing this on behalf of my sister, Lea's mom, who is too tore up to inquire about this on her own at this time and asked me to try to get some answers. Thank you, sincerely ***** *****
My ex has accused me of a crime and got me arrested and now
My ex has accused me of a crime and got me arrested and now she is calling all my friends and family personnally to tell them what she says i have done. and now i hear she is telling anyone she runs into about what she did and is telling them i confessed to the crime in order to get them to believe it. is this defamation of character?JA: Since laws vary from place to place, what state is this in? And when did this happen?Customer: colorado this year sept 28,2016 so we are still in court.JA: Has anything been filed or reported?Customer: yes there is a court case and numberJA: Anything else you want the lawyer to know before I connect you?Customer: no that is it
Second opinion] With Letter from April 19th 2016 and July
Second opinion] With Letter from April 19th 2016 and July 21st 2016 “Changes to Your Mortgage Interest Rate and Payments (see attachments) I get the information that my monthly payments are now $2394.83 I paid this amount the entire year 2016 month for month. The statement shows clear that this amount contains the payments for PRINCIPLE, INTEREST and ESCROW! That those payments are made is visible in the detailed statement from Nationstar.In the “Mortgage Payoff Statement” from 11/10/2016 Nationstar charged additional $9.352,98 on Interest, $7.477.72 for Escrow advances and $5.563,85 for ‘paid Expenses' (such one are included in the escrow account).I do not have any contract with Nationstar, I did not sign any Mortgage paperwork with them and this company was not chosen from me, so I feel not obligated to pay any extras.So the amount of $22.480,55 cannot be added to the unpaid principal balance!I was calling several times, wrote several letters and an email (which was delivered!) but get never a corrected statement. The mentioned amount of about $22.000.- was paid via Escrow as I sold my house in Oceanside in addition to the Principal Balance.I'm asking to get this amount refunded.Please your opinion, I'm right with my claims, where should I go, how can I do it?
I have a question about a noisy neighbor in florida, No. I
I have a question about a noisy neighbor in floridaJA: Has any paperwork been filed?Customer: No. I have saved every documented communication between my neighbor and I. With me asking him to turn down his music and him admitting to being loud. I also have told my leasing office this and he continues to play very loud music through speakers everydayJA: Because laws vary from place to place, can you tell me what state the property is in?Customer: Florida Palm Beach CountyJA: Anything else you want the lawyer to know before I connect you?Customer: No. Other than the fact I have saved text messages exchanged between my neighbor and I and It has cause emotional distress
Is it possible to file a lawsuit against a law firm for
Is it possible to file a lawsuit against a law firm for mishandling of a case?JA: Because laws vary from place to place, can you tell me what state this is in?Customer: LouisianaJA: Has anything been filed or reported?Customer: Not yetJA: Anything else you want the lawyer to know before I connect you?Customer: It's a refinance hardship negotiation that they dropped the ball on and we are now in a bind due to their negligence