Answer to a complaint

roybean · 12-05-2006, 05:43 PM

I just got an answer to my complaint a couple of days ago and immediately following they called and asked me what would it take to settle this matter? I gave him a figure and he said he'd get back to me. Here is what is puzzling (and we've already discussed that most attorneys don't know squat about consumer law); in their answer they allege that other facts may become available and therefore as affirmative defenses they state failure to mitigate, contributory negligence, estopped, fraud, waiver, setoff, non-joinder of indispensable, necessary and proper parties, release, laches, assumption of risk, res judicata, abatement, the of avoidable consequences, accord and satisfaction, improper venue, unavoidable accident (I suppose he dosen't know about bona fide error), statute of limitations, lack of jurisdiction over the person, insufficency of process (the Marshal served them), insufficiency of service of process, and/or any other lawful affirmative defense available by law including FRCP 8.

Have you ever seen anything so ridiculous???

FixinThings · 12-05-2006, 06:21 PM

Yep... from Botch.... This isn't him again, is it?

centex · 12-05-2006, 06:45 PM

Sounds like a pretty standard response. Most will always make sure they are covered in the original answer...better to throw everything but hte kitchen sink and amend later than to be in a position of having failed to include something.

And, the phone call gauging settlement is also not uncommon. It is not dissimilar from the plaintiff's atty that ensures the case is served and then calls offering settlement for less than the amount sought. It is precisely the reason very few cases ever see the inside of a courtroom.

roybean · 12-05-2006, 06:56 PM

Quote:

Originally Posted by FixinThings

Yep... from Botch.... This isn't him again, is it?

Nope, not botch on this one thank goodness.

roybean · 12-05-2006, 06:57 PM

Quote:

Originally Posted by centex

Sounds like a pretty standard response. Most will always make sure they are covered in the original answer...better to throw everything but hte kitchen sink and amend later than to be in a position of having failed to include something.

And, the phone call gauging settlement is also not uncommon. It is not dissimilar from the plaintiff's atty that ensures the case is served and then calls offering settlement for less than the amount sought. It is precisely the reason very few cases ever see the inside of a courtroom.

Standard? I see your point, but it's the first time I've seen an answer like this.

JayinGR · 12-05-2006, 07:04 PM

Is this lawsuit #4 RB?

roybean · 12-05-2006, 07:08 PM

Quote:

Originally Posted by JayinGR

Is this lawsuit #4 RB?

Yes it is.

centex · 12-05-2006, 07:09 PM

Quote:

Originally Posted by roybean

Standard? I see your point, but it's the first time I've seen an answer like this.

A lot of GP's run a kitchen sink response. The more you practice, the more you will see that sort of a response. It is far easier to seek permission to amend than it is to risk a grievance for having omitted a defense.

roybean · 12-05-2006, 09:09 PM

Oh yeah, before I forget...should I answer this? It basically seems generic to me. It is not a motion to dismiss. I was thinking a general response?

JayinGR · 12-05-2006, 09:15 PM

A rebuttel (sp) perhaps?...In Def's answer to our complaint in the real estate case they have 57 affirmitive defenses for the one side of def and the OC side they have 48 AD's....

Both between 5 and 6 pages long of AD's....

I was going to file a rebuttel but I chose not to as this judge doesnt seem to like Pro Se'ers....

Do you have the same judge as case #1??

roybean · 12-05-2006, 09:19 PM

Quote:

Originally Posted by JayinGR

A rebuttel (sp) perhaps?...In Def's answer to our complaint in the real estate case they have 57 affirmitive defenses for the one side of def and the OC side they have 48 AD's....

Both between 5 and 6 pages long of AD's....

I was going to file a rebuttel but I chose not to as this judge doesnt seem to like Pro Se'ers....

Do you have the same judge as case #1??

You've been keeping up, uh?
Not the same judge but a local attorney told me many months ago that this particular judge is one of the most unfriendly consumer judges in this district. She doesn't want to be bothered with them as she seems to think that they are beneath her.

However, case no. two was supposedly an unfriendly consumer judge and she was pretty decent with me. Maybe I am gaining some respect after what happened yesterday. Dunno.

JayinGR · 12-05-2006, 09:48 PM

Quote:

Originally Posted by roybean

You've been keeping up, uh?
Not the same judge but a local attorney told me many months ago that this particular judge is one of the most unfriendly consumer judges in this district. She doesn't want to be bothered with them as she seems to think that they are beneath her.

However, case no. two was supposedly an unfriendly consumer judge and she was pretty decent with me. Maybe I am gaining some respect after what happened yesterday. Dunno.

The judge for my real estate case was the judge for my second case. In the Rule 16 conference in the second case he scolded the attys for ALL sides because they could not file ONE JSR.......

He then proceeded to tell them consumer cases are a waste of time and they have better things to do...WTF....

At the Rule 16 when I was there with DW for this case he was real nice to me and even complimented me. He scolded me though because I didnt have the JSR in on time as per his orders. Luckily I brought copies of the e-mails with me showing that Def counsel kept failing to give me their statement and only when I said I was filing it without their statement did they respond THE DAY IT WAS DUE....So it got filed 2 days late...

I guess it depends on the mood of the judge...In my first case I had a Maj judge who was nice as could be to me. Complimented me on my pleadings..(they were bad as I was just learning) but DW had her for her case and she would not even let DW talk at the Rule 16 and told DW she needed to get an atty as Fed cases are to hard for Pro Se'ers....

Sorry to get off topic...just trying to draw a picture that maybee it depends on the judge and on the case....You might just luck out as this judge might be nice...None of the judges in my cases will even allow me to receive via the ECF....