STATE OF MINNESOTA

IN THE CIRCUIT COURT FOR THE COUNTY OF BLACKACRE

 

Now comes Defendant Jon Doe and for his Answer to the Complaint herein filed by Plaintiff, pleads as follows:

PARTIES, JURISDICTION, AND VENUE

1.                  On January 31, 2012 at 7:30 am Abel Abrahamson admits to traveling on interstate 75.

2.                  Defendant admits other cars were stopped in the right lane in the mist of traffic.

3.                  Defendant, Abel Abrahamson admits to being in the collision but doesn’t believe he caused the accident.

4.                  The Blackacre Police Department arrived on the scene at 7:47AM and filed a police report related to the crash.

5.                  Defendant neither admits nor denies the allegations of the plaintiff sustaining injuries due to the car crash.

 

COMMON ALLEGATIONS

  With respect to the allegations contained in paragraph six of Plaintiff’s Complaint, Defendant incorporates the admissions and denials contained in paragraphs one (1) through five (5) of this Answer, supra.

1.                  Defendant admits to retaining his duty to take control of his car sand crashing into the plaintiff.

2.                  Defendant denies being the cause of the plaintiff’s neck and back injuries

3.                  Defendant Denies the allegations for the reason that they are untrue.

4.                  Defendant denies any allegation causing the plaintiff to lose his career.

5.                  Defendant Admits the allegations contained in paragraph 7 of the Complaint.

6.                  Defendant Admits the allegations contained in paragraph 8 of the Complaint.

7.                  Defendant Denies the allegations contained in paragraph 9 of the Complaint for the reason that they are untrue.

8.                  Defendant Admits the allegations contained in paragraph 10 of the Complaint.

9.                  Defendant Admits the allegations contained in paragraph 11 of the Complaint.

10.              Defendant Admits the allegations contained in paragraph 12 of the Complaint.

11.              Defendant Admits the allegations contained in paragraph 13 of the Complaint.

12.              Defendant Admits the allegations contained in paragraph 14 of the Complaint.

13.              Defendant Admits the allegations contained in paragraph 15 of the Complaint.

14.              Defendant Admits the allegations contained in paragraph 16 of the Complaint.

15.              Defendant Admits the allegations contained in paragraph 17 of the Complaint.

16.              Defendant Admits the allegations contained in paragraph 18 of the Complaint.

17.              Defendant Admits the allegations contained in paragraph 19 of the Complaint.

18.              Defendant Admits the allegations contained in paragraph 20 of the Complaint.

19.              Defendant Admits the allegations contained in paragraph 21 of the Complaint.

20.              Defendant Admits the allegations contained in paragraph 22 of the Complaint.

21.              Defendant Admits the allegations contained in paragraph 23 of the Complaint.

22.              Defendant Admits the allegations contained in paragraph 24 of the Complaint.

23.              Defendant neither admits nor denies the allegations in paragraph 25 of the complaint as he lacks sufficient information to form a belief as to the truth of the matters asserted.

24.              Defendant Denies the allegations contained in paragraph 26 of the Complaint for the reason that they are untrue.

25.              Defendant Admits the allegations contained in paragraph 27 of the Complaint.

26.              Defendant Admits the allegations contained in paragraph 28 of the Complaint.

27.              Defendant Admits the allegations contained in paragraph 29 of the Complaint.

28.              Defendant Denies the allegations contained in paragraph 30 of the Complaint for the reason that they are untrue.

29.              Defendant Admits the allegations contained in paragraph 31 of the Complaint.

30.              Defendant Admits the allegations contained in paragraph 32 of the Complaint.

31.              Defendant denies the allegations contained in paragraph 33 of the Complaint, in that it is untrue that Defendant would not voluntarily transfer to GG Media the assets.

32.              Defendant neither admits nor denies the allegations in paragraph 34 of the complaint as he lacks sufficient information to form a belief as to the truth of the matters asserted.

33.              Defendant Admits the allegations contained in paragraph 35 of the Complaint.

34.              Defendant Denies the allegations contained in paragraph 36 of the Complaint for the reason that they are untrue.

35.              Defendant Denies the allegations contained in paragraph 37 of the Complaint for the reason that they are untrue.

36.              Defendant neither admits nor denies the allegations in paragraph 38 of the complaint as he lacks sufficient information to form a belief as to the truth of the matters asserted.

37.              Defendant Denies the allegations contained in paragraph 39 of the Complaint for the reason that they are untrue.

38.              Defendant Denies the allegations contained in paragraph 40 of the Complaint for the reason that they are untrue.

COUNT ONE- BREACH OF CONTRACT

39.              With respect to the allegations contained in paragraph 41 of Plaintiff’s Complaint, Defendant incorporates the admissions and denials contained in paragraphs 1 through 40 of this Answer, supra.

40.              Defendant Admits the allegations contained in paragraph 42 of the Complaint.

41.              Defendant Denies the allegations contained in paragraph 43 of the Complaint for the reason that they are untrue.

42.              Defendant Denies the allegations contained in paragraph 44 of the Complaint for the reason that they are untrue.

43.              Defendant Denies the allegations contained in paragraph 45 of the Complaint for the reason that they are untrue.

COUNT II- TORTIOUS INTERFERENCE WITH BUSINESS RELATIONSHIPS

44.              With respect to the allegations contained in paragraph 46 of Plaintiff’s Complaint, Defendant incorporates the admissions and denials contained in paragraphs 1 through 45 of this Answer, supra.

45.              Defendant Admits the allegations contained in paragraph 47 of the Complaint.

46.              Defendant Admits the allegations contained in paragraph 48 of the Complaint.

47.              Defendant Denies the allegations contained in paragraph 49 of the Complaint for the reason that they are untrue.

48.              Defendant Denies the allegations contained in paragraph 50 of the Complaint for the reason that they are untrue.

WHEREFORE, having fully answered, Defendant Jon Doe prays this Honorable Court dismiss Plaintiff’s Complaint in its entirety with prejudice

                                                                                    Respectfully submitted,

 

 

By: ________________________________

                                                                                    Attorney name

Attorney for Defendant, Jon Doe

Dated: May 25, 2012

 

AFFIRMATIVE DEFENSES

1.                  Plaintiff’s Complaint fails to state a claim upon which relief can be granted.

2.                  Plaintiff’s claims are barred by the doctrine of unclean hands

3.                  Plaintiff has failed to mitigate its damages

4.                  Plaintiff’s claims are barred by the doctrines of satisfaction and discharge

5.                  Plaintiff’s claims are barred as Plaintiff breached its duty of good faith and fair dealing.

6.                  Plaintiff’s claims are barred due to equitable estoppel.

7.                  Plaintiff is not entitled to any attorney’s fees.

8.                  Defendant reserves the right to amend or add affirmative defenses that may become known through discovery.

                                                                                    Respectfully submitted,

 

 

By: ________________________________

                                                                                    Attorneys Name

Attorney for Defendant, Jon Doe

Dated: May 25, 2012

 

 

COUNTERCLAIMS OF DEFENDANT

COMMON ALLEGATIONS

1.                  Defendant Abel Abrahamson is aware of the accident but believes the plaintiff Cain is the cause of the accident.

2.                  The Defendant has seen the plaintiff carrying an access amount of weight.

3.                  The defendant is also aware of the medical bills but does want to be held responsible for any cost.

4.                  Defendant Abel, fully understands the loss of the plaintiff’s career but is not to believed responsible for it. 

5.                   As a result of the crash the defendant’s car is also damaged and is still needing service.

6.                  Defendant Abel, is not responsible for any relief the plaintiff is at fault for. 

 

COUNTERCLAIM I-INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

7.                  Defendant incorporates each and every allegation contained in paragraphs 1 through 6 of the Counterclaims by reference in its entirety as if fully restated herein.

8.                  Defendant states that at the time of his termination he was in the hospital with his wife, who was suffering from a difficult and risky pregnancy, and was in labor.

9.                  Defendant states that Plaintiff knew that Defendant’s wife was having difficulty with her pregnancy, and knew that she was in labor with a chance that the children would not survive, when it chose to terminate Defendant’s employment.

10.              Defendant states that during the course of his employment and during events which led up to his termination, the Plaintiff intentionally engaged in a course of conduct which was outrageous and beyond all possible bounds of decency and such that no reasonable person could be expected to endure same.  Defendant states that Plaintiff’s conduct was calculated to cause and did cause Defendant to suffer serious emotional stress proximately resulting from its actions.

11.              As a proximate result of the actions of Plaintiff complained of herein, Defendant has suffered the loss of his job position, past and future wages and benefits, diminished earning capacity, professional damage, and great mental and emotional stress, anxiety, humiliation and embarrassment

COUNTERCLAIM II-BREACH OF CONTRACT

12.              Defendant incorporates each and every allegation contained in paragraphs 1 through 11 of the Counterclaims by reference in its entirety as if fully restated herein.

13.              Defendant and Plaintiff had an employment contract, by which removal of Defendant from his position as an officer of Plaintiff, required a vote of the shareholders of the corporation. (Exhibit 1)

14.              Pursuant to the Plaintiff’s Bylaws (Exhibit 2), every shareholder is entitled to a vote in person or by proxy, with 10 days notice to each shareholder before a vote is to take place.

15.              Plaintiff breached its contract with Defendant when it failed to provide notice of a meeting to Defendant, and did not hold a valid vote to remove Defendant from his position as Chief Operating Officer and Secretary.

16.              For Plaintiff’s breach, Defendant is entitled to be compensated for performance under the contract.

WHEREFORE, Defendant prays for relief with judgment against Plaintiff for compensatory and general damages in an amount exceeding the sum of $25,000.00, plus interest from the date of judgment at the statutory rate of interest, for Defendant’s costs and reasonable attorney fees expended here and all other such legal and/or equitable relief as this Court may deem just and proper.

Respectfully submitted,

 

 

By: ________________________________

                                                                                    Attorney Name

Attorney for Defendant, Jon Doe

Dated: May 25, 2012

 

 

THIRD PARTY COMPLAINT AGAINST THIRD PARTY DEFENDANT JON SNOW

NOW COMES, Third Party Plaintiffs, Justine Jefferies, by and through undersigned counsel, and states and avers as follows:

COMMON ALLEGATIONS

1.                   Third Party plaintiff admits to driving on interstate 75 at the time of the accident.

2.                   Justine Jefferies, the third party plaintiff is aware of the accident but denies any involvement in the collision.

3.                   Justine Jefferies understands her duty to retain control over the vehicle.

4.                  Third Party Plaintiff denies any allegations of texting and driving while driving on interstate 75.

5.                   Justine Jefferies was aware of the speed limit and did her best to maintain the speed limit.  

6.                  The third party plaintiff slamming on the brakes but only after seeing the cars swerve in front of her. 

 

COUNTERCLAIM I-INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

7.                  Third Party Plaintiff incorporates each and every allegation contained in paragraphs 1 through 6 of the Third Party Complaint by reference in its entirety as if fully restated herein.

8.                  Third Party Plaintiff states that at the time of his termination he was in the hospital with his wife, who was suffering from a difficult and risky pregnancy, and was in labor.

9.                  Third Party Plaintiff states that Third Party Defendant knew that his wife was having difficulty with her pregnancy, and knew that she was in labor with a chance that the children would not survive, when he chose to tell Plaintiff he would terminate its contract with Plaintiff if Third Party Plaintiff was not fired within 30 days.

10.              Third Party Plaintiff states that Third Party Defendant intentionally engaged in a course of conduct which was outrageous and beyond all possible bounds of decency and such that no reasonable person could be expected to endure same. 

11.              As a proximate result of the actions of Third Party Defendant complained of herein, Third Party Plaintiff has suffered the loss of his job position, past and future wages and benefits, diminished earning capacity, professional damage, and great mental and emotional stress, anxiety, humiliation and embarrassment

WHEREFORE, Third Party Plaintiff prays for relief with judgment against Third Party Defendant for compensatory and general damages in an amount exceeding the sum of $25,000.00, plus interest from the date of judgment at the statutory rate of interest, for costs and reasonable attorney fees expended here and all other such legal and/or equitable relief as this Court may deem just and proper.

Respectfully submitted,

 

 

By: ________________________________

                                                                                    Attorney Name

Attorney for Third Party Plaintiff, Jon Doe

Dated: May 25, 2012

 

PROOF OF SERVICE

I  hereby certify that on May 25, 2012 a copy of the foregoing Answer with Affirmative Defenses, Counterclaims, and Third Party Complaint  was sent via ordinary U.S. Mail to Jackson Trust, 432 Fifth St, Blackacre, Minnesota, 18181, Attorney for Plaintiff.

 

 

                                                                                    __________________________________

                                                                                    Attorney Name

Attorney for Defendant/Third Party Plaintiff

 

 

 

 

 The firm's client, Abel, returns to the firm this week. He has reviewed the police report that was filed after the accident described in Week 09. It is Abel's belief that Justine was the true cause of the accident between Abel and his brother, Cain. Abel still needs to respond to his brother's complaint and wishes to file the counterclaim against him, but also wishes to sue Justine. According to Abel:

• He got into an accident with his brother, but his brother turned out into the lane in front of him, causing the accident.
• The reason Cain turned out in front of Abel was because Justine Jeffries slammed on her brakes at the last minute, which caused Cain to turn into Abel's lane.
• Justine was texting at the time of the accident, which undoubtedly helped to cause the accident.

Abel believes that if Justine hadn't been texting and slammed on the brakes at the last minute, Cain would not have swerved into Abel's lane. If he had still swerved, Abel believes there would have been enough time for him to evade Cain's car.

Your supervising attorney has asked that you add in a claim of negligence against Justine Jeffries as a third party complaint. He liked your original answer, and thus you can use the original answer with counterclaims as your base. He has provided you with a sample of another third party complaint to see how the document should look here.