Reply Brief filed into Georgia Court of Appeals. The Court had treated the Plaintiff/Appellant very unfairly, most likely because he was proceeding in propria persona. Legal argument, very informative.
AI And User Experience In Fitness FITC Webinar 2023Bryan K. O'Rourke
Bryan O'Rourke and Ian Houghton from Shosabi share insights on the impact of AI on User Experience in the Fitness space. The presentation recording can be found on Bryan's Fitness + Technology Podcast as well and addresses examples of AI tools and the impact this is having on UX for the fitness industry. From Netflix to Wexer and from Uber to Amazon, AI is already impacting our user experience. In health clubs, gyms and other fitness facilities this impact will continue to evolve in the years ahead as AI serves to address the keys to great UX including hyper-personalization as well as addressing the means to execute great UX.
Launching a startup isn't easy. At each stage of scaling - from founding to product-market fit, from product-market fit to hyper growth, and from hyper growth to maturity - entrepreneurs face unique challenges. Greylock Partners hosted an event, called Greyscale, focused on these challenges at each stage. In the opening keynote, Jerry Chen of Greylock Partners discusses the state of enterprise software after the first quarter of 2016. He summarizes the private and public markets, M&A activity, and explains how this climate affects the startup environment.
The number of cyber attacks against organizations continues to grow in complexity, frequency, and severity. SSOs handle confidential and restricted personal data, making them a target for cyber crimes. Since the SSO is accountable for protecting sensitive corporate and employee information, care must be taken to understand and protect the flow of this sensitive data.
How do you properly manage cyber threats? A robust cybersecurity program is imperative to protect your organization, employees, and customers.
In this report, find out about the building blocks needed for an effective SSO cybersecurity program.
To learn more, please visit www.scottmadden.com.
How People Really Hold and Touch (their Phones)Steven Hoober
The document discusses design guidelines for touchscreen interfaces based on research into how people actually hold and interact with mobile devices. It provides data on finger sizes, common grips, touch targets, and notes that touch interaction is not just about finger size and pinpoint accuracy. The guidelines include making targets visible and tappable, designing for different screen sizes, leaving space for scrolling, and testing interfaces at scale.
This document provides an agenda and resources for a legal marketing masterclass on standing out on social media platforms like TikTok, Facebook, and Instagram. The agenda includes introducing the panelists, conducting polls of the audience, discussing trends in legal social media, sharing resources, and providing accessibility advice. The panelists are from Clio and other legal marketing firms. They discuss best practices for different platforms, templates for social media posts, personalizing law firm accounts, attorney practices, popular video trends, and ways to get referrals. The document also promotes Clio's legal software offerings and additional resources.
The document discusses the legal principle of premise liability as it relates to a case involving a woman, Mrs. Ipana, who slipped and fell at a supermarket, Shigley's. It summarizes the facts of the case, including that Mrs. Ipana fell in Aisle 3 due to an uncleaned spill and was seriously injured. It analyzes relevant rules on premise liability, including that businesses must warn of hazards they should expect customers to encounter while distracted. The memorandum concludes that whether Shigley's is liable depends on if they should have foreseen customers approaching the spill while distracted, and recommends accepting the case against Shigley's, finding them liable for Mrs. Ipana's injuries.
In an increasingly interconnected world, cultural competence is an invaluable skill for all legal professionals.
But what does it mean to be a culturally competent lawyer?
And how can legal professionals work alongside clients and colleagues of varied backgrounds—while understanding how these differences influence behaviors?
Join estate planning attorney Iffy Ibekwe to learn why cultural dexterity is essential for delivering legal services to a diverse market, and how lawyers can address sensitive cultural topics with clients.
This document is a complaint filed by Enochian Biosciences, Inc. against Serhat Gumrukcu, W. Anderson Wittekind, G Tech Bio LLC, SG & AW Holdings LLC, Seraph Research Institute, and unnamed defendants (Does 1 through 50). The complaint alleges that the defendants engaged in a scheme to defraud Enochian by manipulating and falsifying data related to research on hepatitis B and coronavirus/influenza treatments, causing Enochian to pay the defendants nearly $25 million based on the fraudulent results. The complaint brings causes of action for breach of contract, fraud, civil conspiracy, unjust enrichment and unfair business practices.
AI And User Experience In Fitness FITC Webinar 2023Bryan K. O'Rourke
Bryan O'Rourke and Ian Houghton from Shosabi share insights on the impact of AI on User Experience in the Fitness space. The presentation recording can be found on Bryan's Fitness + Technology Podcast as well and addresses examples of AI tools and the impact this is having on UX for the fitness industry. From Netflix to Wexer and from Uber to Amazon, AI is already impacting our user experience. In health clubs, gyms and other fitness facilities this impact will continue to evolve in the years ahead as AI serves to address the keys to great UX including hyper-personalization as well as addressing the means to execute great UX.
Launching a startup isn't easy. At each stage of scaling - from founding to product-market fit, from product-market fit to hyper growth, and from hyper growth to maturity - entrepreneurs face unique challenges. Greylock Partners hosted an event, called Greyscale, focused on these challenges at each stage. In the opening keynote, Jerry Chen of Greylock Partners discusses the state of enterprise software after the first quarter of 2016. He summarizes the private and public markets, M&A activity, and explains how this climate affects the startup environment.
The number of cyber attacks against organizations continues to grow in complexity, frequency, and severity. SSOs handle confidential and restricted personal data, making them a target for cyber crimes. Since the SSO is accountable for protecting sensitive corporate and employee information, care must be taken to understand and protect the flow of this sensitive data.
How do you properly manage cyber threats? A robust cybersecurity program is imperative to protect your organization, employees, and customers.
In this report, find out about the building blocks needed for an effective SSO cybersecurity program.
To learn more, please visit www.scottmadden.com.
How People Really Hold and Touch (their Phones)Steven Hoober
The document discusses design guidelines for touchscreen interfaces based on research into how people actually hold and interact with mobile devices. It provides data on finger sizes, common grips, touch targets, and notes that touch interaction is not just about finger size and pinpoint accuracy. The guidelines include making targets visible and tappable, designing for different screen sizes, leaving space for scrolling, and testing interfaces at scale.
This document provides an agenda and resources for a legal marketing masterclass on standing out on social media platforms like TikTok, Facebook, and Instagram. The agenda includes introducing the panelists, conducting polls of the audience, discussing trends in legal social media, sharing resources, and providing accessibility advice. The panelists are from Clio and other legal marketing firms. They discuss best practices for different platforms, templates for social media posts, personalizing law firm accounts, attorney practices, popular video trends, and ways to get referrals. The document also promotes Clio's legal software offerings and additional resources.
The document discusses the legal principle of premise liability as it relates to a case involving a woman, Mrs. Ipana, who slipped and fell at a supermarket, Shigley's. It summarizes the facts of the case, including that Mrs. Ipana fell in Aisle 3 due to an uncleaned spill and was seriously injured. It analyzes relevant rules on premise liability, including that businesses must warn of hazards they should expect customers to encounter while distracted. The memorandum concludes that whether Shigley's is liable depends on if they should have foreseen customers approaching the spill while distracted, and recommends accepting the case against Shigley's, finding them liable for Mrs. Ipana's injuries.
In an increasingly interconnected world, cultural competence is an invaluable skill for all legal professionals.
But what does it mean to be a culturally competent lawyer?
And how can legal professionals work alongside clients and colleagues of varied backgrounds—while understanding how these differences influence behaviors?
Join estate planning attorney Iffy Ibekwe to learn why cultural dexterity is essential for delivering legal services to a diverse market, and how lawyers can address sensitive cultural topics with clients.
This document is a complaint filed by Enochian Biosciences, Inc. against Serhat Gumrukcu, W. Anderson Wittekind, G Tech Bio LLC, SG & AW Holdings LLC, Seraph Research Institute, and unnamed defendants (Does 1 through 50). The complaint alleges that the defendants engaged in a scheme to defraud Enochian by manipulating and falsifying data related to research on hepatitis B and coronavirus/influenza treatments, causing Enochian to pay the defendants nearly $25 million based on the fraudulent results. The complaint brings causes of action for breach of contract, fraud, civil conspiracy, unjust enrichment and unfair business practices.
Building an enduring, multi-billion dollar consumer technology company is hard. As an investor, knowing which startups have the potential to be massive and long-lasting is also hard. From both perspectives, identifying companies with this potential is a combination of “art” and “science” — the art is understanding how products work, and the science is knowing how to measure it. At the earliest stages of a company, it comes down to understanding how a product is built to maximize and leverage user engagement.
In this presentation, Sarah Tavel shares her "Hierarchy of Engagement" framework she uses to evaluate non-transactional consumer companies she is looking to invest in.
This brief argues that the lower court erred in entering a judgment of possession for the appellee landlord. It asserts that the lower court abused its discretion and lacked subject matter jurisdiction. The appellant tenant paid rent for months of November, December, and January, which were after the expiration date of the 30-day notice to quit served by the landlord. According to case law, a landlord accepts a payment for a period after the notice, it voids the notice. Therefore, a new notice was required before possession proceedings, which did not occur. The brief asks the appeals court to reverse the lower court's decision and remand the case for dismissal.
Learn how to create a scalable document workflow to consistently produce error-free documents
Make it easy to create, manage, collaborate on, and store case files and court forms.
Though managing forms and documents is a critical part of any law practice, the task itself can be tedious and time-consuming—more so if your firm’s document workflow is not user-friendly.
Cloud-based legal document automation helps law firms easily produce, securely store, and efficiently manage documents…saving your staff the time spent manually reviewing and organizing every single file.
Join this free CLE-eligible webinar to find out how to leverage document and court form cloud solutions to bring more efficiency to your practice.
In this CLE-eligible webinar, you’ll learn:
How cloud-based document tools improve production, storage, accessibility and submission of legal documents and court forms
Best practices for creating flexible document workflows and templates (including tips for formatting and styling MS Word documents)
How to use document automation solutions to keep information secure, reduce errors and malpractice risk.
https://www.clio.com/events/webinar-manage-docs-and-forms/
The document discusses strategies for email marketing success, focusing on getting emails delivered, opened, read, and clicked. It provides tips for segmenting lists, using transactional subject lines, leveraging current events to generate curiosity, formatting emails for mobile, telling stories to engage readers, and testing campaigns and copy variations. The goal is to maximize email delivery rates, open rates, and click-through rates through repeated testing and optimization.
Fred Northrup filed a lawsuit against Acme Insurance Inc. and Helen Redmond alleging sexual harassment and discrimination. Northrup submitted requests for admissions, interrogatories, and production of documents from the defendants relating to Northrup's employment, complaints against Redmond, investigations into harassment claims, and criteria used in promotions. The requests covered topics such as Northrup's job performance reviews, complaints against Redmond, the hiring and disciplinary history of involved employees, and the company's anti-harassment policies and programs. The defendants were instructed to respond to the requests within 30 days.
This document outlines a proposed career progression model for designers at a company. It includes 12 levels from Assistant Product Designer to SVP of Product Design. Each level provides details on functional knowledge and scope, with higher levels taking on more strategic work, leadership responsibilities, and external representation. The goal is to formally define expectations and provide guidance for career growth to help connect people to purpose and address issues like high employee turnover rates.
Electronic signatures and digital signatures are often confused but have distinct features and functions. An electronic signature captures a user's intent to sign a record and includes their method of signing, data authentication, and user authentication. A digital signature uses encryption to secure the data associated with an electronically signed document and helps verify its authenticity. When used together, electronic and digital signatures provide a simplified and secure way to electronically sign documents and transactions.
How LinkedIn built a Community of Half a BillionAatif Awan
Traction Conference 2017 - Since its 2003 inception, LinkedIn has transformed from a networking hub to a beacon of economic opportunity for more than 500 million global members. Vice President of Growth at LinkedIn, Aatif Awan, will explore vital contributors to its growth at milestones throughout LinkedIn’s history, from product innovations and team structure to international expansion. Sharing key lessons learned through this journey, Awan will discuss LinkedIn’s alignment of growth strategy to company vision rather than metrics, and the impact this approach has had on attracting, retaining and servicing its more than half billion members.
Sample notice of change of address for California civil caseLegalDocsPro
This sample notice of change of address for a California civil case is used pursuant to the provisions of California Rule of Court 2.200 which requires every attorney or party whose mailing address, telephone number, fax number, or e-mail address, if one was provided, changes while an action is pending must serve on all parties and file a written notice of the change. The sample is in Microsoft Word format and can be easily modified. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
General introduction to legal technology and legal AI, presented at the inaugural Helsinki Legal Tech Meetup on 2016-03-17 (for a more thorough overview, please see my Introduction to Legal Technology slides for lectures 1–10, also on SlideShare)
The fundraising audit: Looking under the hood of your fundraising programBlue Canoe Philanthropy
Even the best-run fundraising programs have a few leaks that need to be plugged. In this session, you’ll learn why and how to perform an audit of your fundraising program, and why it’s important.
In our day-to-day work, it’s easy to get caught up in achieving goals, pleasing volunteers, and acting on the concerns of our more vocal stakeholders. But that can lead us to getting off track. Are we really as donor-centric as we could be? Are we practicing donor love? Are we seamlessly taking our donors on a supporter journey that leads them to higher orders of giving?
It’s time to step back, take stock, and figure out what’s working and what isn’t.
Alistair Jones Interoffice Memorandum AssignmentAlistair Jones
- The memorandum asks whether a paralegal can interview a client to provide fee information and conduct a settlement conference.
- Case law establishes that paralegals can interview clients under attorney supervision to gather facts, but cannot make legal decisions or appear in court without an attorney.
- The memorandum concludes that while a paralegal can interview a client, they cannot conduct a settlement conference alone due to the legal decision making required. The supervising attorney must attend.
5 Ways Your Sales Team Will Make the Next Webinar a SuccessMarketo
Check out these slides from Marketo's LaunchPoint partner, ReadyTalk, and customer, Egencia, on how you can better utilize webinars to increase engagement and revenue.
Psychological Safety: Patterns from child psychology to build and strengthen ...Scrum Australia Pty Ltd
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive function. Exercise causes chemical changes in the brain that may help protect against mental illness and improve symptoms.
Robert Cialdini: The Science of Persuasion in Less Than 10 SlidesWilly Braun
A scientific paper summarized in less than 10 slides.
The 6 principles of winning friend and influencing people from Robert B. Cialdini's paper: Harnessing the Science of Persuasion (2011)
Bonus: full paper and recommended readings.
This is the version of my talk, Be a Great Product Leader, given at Zynga on Feb 22, 2016. It includes six lessons on product leadership from my time at eBay & LinkedIn.
Sample California settlement offer letterLegalDocsPro
This sample California settlement offer letter is made pursuant to Evidence Code Section 1152 and 1154. The sample can be modified for use by either a plaintiff or defendant.
The author is a freelance paralegal who has worked in California and Federal litigation since 1995.
AI and Machine Learning Demystified by Carol Smith at Midwest UX 2017Carol Smith
What is machine learning? Is UX relevant in the age of artificial intelligence (AI)? How can I take advantage of cognitive computing? Get answers to these questions and learn about the implications for your work in this session. Carol will help you understand at a basic level how these systems are built and what is required to get insights from them. Carol will present examples of how machine learning is already being used and explore the ethical challenges inherent in creating AI. You will walk away with an awareness of the weaknesses of AI and the knowledge of how these systems work.
The Truth about Tone from the Top by @EricPesikEric Pesik
Are your executives telling the truth when they say "ethics matter"? Senior executives are involved in 53% of bribery cases. And they know about 86% of corporate fraud cases. If management lies about ethics, what message does that send? What is the true "tone from the top"?
This document is a reply brief filed by defendants in a class action securities litigation case. It summarizes and responds to arguments made in the lead plaintiffs' opposition to the defendants' motion to dismiss. The defendants argue that the court can consider SEC filings, press releases, and transcripts referenced in their motion. They also contend that the lead plaintiffs have misstated facts and failed to provide the full context of disclosures made during the class period. The defendants assert that statements were not misleading and that the plaintiffs have not sufficiently pleaded scienter. Overall, the brief aims to persuade the court to dismiss the complaint with prejudice based on deficiencies in the plaintiffs' arguments and pleading.
Newtown Loses By Default Judgment- NECA -vs- KaaihueAngela Kaaihue
Newtown Loses By Default Judgment- NECA -vs- Kaaihue, a five year litigation and court battle. When NECA board of directors, and community are jealous for driving right by a property that could have been purchased, but was inherited by Angela Kaaihue, who has turned the property she inherited into a Hawaiian Gold Mine.
Hawaii Appellant Court Supreme Court judge castegnetti, judge jeffrey crabtree, judge karen t. nakasone, judge katherine g. leonard, judge keith hiraoka, judge lisa m. ginoza, judge sonja mccullen, judge clyde j. wadsworth, judge karen holma, judge gary W.B. chang
Building an enduring, multi-billion dollar consumer technology company is hard. As an investor, knowing which startups have the potential to be massive and long-lasting is also hard. From both perspectives, identifying companies with this potential is a combination of “art” and “science” — the art is understanding how products work, and the science is knowing how to measure it. At the earliest stages of a company, it comes down to understanding how a product is built to maximize and leverage user engagement.
In this presentation, Sarah Tavel shares her "Hierarchy of Engagement" framework she uses to evaluate non-transactional consumer companies she is looking to invest in.
This brief argues that the lower court erred in entering a judgment of possession for the appellee landlord. It asserts that the lower court abused its discretion and lacked subject matter jurisdiction. The appellant tenant paid rent for months of November, December, and January, which were after the expiration date of the 30-day notice to quit served by the landlord. According to case law, a landlord accepts a payment for a period after the notice, it voids the notice. Therefore, a new notice was required before possession proceedings, which did not occur. The brief asks the appeals court to reverse the lower court's decision and remand the case for dismissal.
Learn how to create a scalable document workflow to consistently produce error-free documents
Make it easy to create, manage, collaborate on, and store case files and court forms.
Though managing forms and documents is a critical part of any law practice, the task itself can be tedious and time-consuming—more so if your firm’s document workflow is not user-friendly.
Cloud-based legal document automation helps law firms easily produce, securely store, and efficiently manage documents…saving your staff the time spent manually reviewing and organizing every single file.
Join this free CLE-eligible webinar to find out how to leverage document and court form cloud solutions to bring more efficiency to your practice.
In this CLE-eligible webinar, you’ll learn:
How cloud-based document tools improve production, storage, accessibility and submission of legal documents and court forms
Best practices for creating flexible document workflows and templates (including tips for formatting and styling MS Word documents)
How to use document automation solutions to keep information secure, reduce errors and malpractice risk.
https://www.clio.com/events/webinar-manage-docs-and-forms/
The document discusses strategies for email marketing success, focusing on getting emails delivered, opened, read, and clicked. It provides tips for segmenting lists, using transactional subject lines, leveraging current events to generate curiosity, formatting emails for mobile, telling stories to engage readers, and testing campaigns and copy variations. The goal is to maximize email delivery rates, open rates, and click-through rates through repeated testing and optimization.
Fred Northrup filed a lawsuit against Acme Insurance Inc. and Helen Redmond alleging sexual harassment and discrimination. Northrup submitted requests for admissions, interrogatories, and production of documents from the defendants relating to Northrup's employment, complaints against Redmond, investigations into harassment claims, and criteria used in promotions. The requests covered topics such as Northrup's job performance reviews, complaints against Redmond, the hiring and disciplinary history of involved employees, and the company's anti-harassment policies and programs. The defendants were instructed to respond to the requests within 30 days.
This document outlines a proposed career progression model for designers at a company. It includes 12 levels from Assistant Product Designer to SVP of Product Design. Each level provides details on functional knowledge and scope, with higher levels taking on more strategic work, leadership responsibilities, and external representation. The goal is to formally define expectations and provide guidance for career growth to help connect people to purpose and address issues like high employee turnover rates.
Electronic signatures and digital signatures are often confused but have distinct features and functions. An electronic signature captures a user's intent to sign a record and includes their method of signing, data authentication, and user authentication. A digital signature uses encryption to secure the data associated with an electronically signed document and helps verify its authenticity. When used together, electronic and digital signatures provide a simplified and secure way to electronically sign documents and transactions.
How LinkedIn built a Community of Half a BillionAatif Awan
Traction Conference 2017 - Since its 2003 inception, LinkedIn has transformed from a networking hub to a beacon of economic opportunity for more than 500 million global members. Vice President of Growth at LinkedIn, Aatif Awan, will explore vital contributors to its growth at milestones throughout LinkedIn’s history, from product innovations and team structure to international expansion. Sharing key lessons learned through this journey, Awan will discuss LinkedIn’s alignment of growth strategy to company vision rather than metrics, and the impact this approach has had on attracting, retaining and servicing its more than half billion members.
Sample notice of change of address for California civil caseLegalDocsPro
This sample notice of change of address for a California civil case is used pursuant to the provisions of California Rule of Court 2.200 which requires every attorney or party whose mailing address, telephone number, fax number, or e-mail address, if one was provided, changes while an action is pending must serve on all parties and file a written notice of the change. The sample is in Microsoft Word format and can be easily modified. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
General introduction to legal technology and legal AI, presented at the inaugural Helsinki Legal Tech Meetup on 2016-03-17 (for a more thorough overview, please see my Introduction to Legal Technology slides for lectures 1–10, also on SlideShare)
The fundraising audit: Looking under the hood of your fundraising programBlue Canoe Philanthropy
Even the best-run fundraising programs have a few leaks that need to be plugged. In this session, you’ll learn why and how to perform an audit of your fundraising program, and why it’s important.
In our day-to-day work, it’s easy to get caught up in achieving goals, pleasing volunteers, and acting on the concerns of our more vocal stakeholders. But that can lead us to getting off track. Are we really as donor-centric as we could be? Are we practicing donor love? Are we seamlessly taking our donors on a supporter journey that leads them to higher orders of giving?
It’s time to step back, take stock, and figure out what’s working and what isn’t.
Alistair Jones Interoffice Memorandum AssignmentAlistair Jones
- The memorandum asks whether a paralegal can interview a client to provide fee information and conduct a settlement conference.
- Case law establishes that paralegals can interview clients under attorney supervision to gather facts, but cannot make legal decisions or appear in court without an attorney.
- The memorandum concludes that while a paralegal can interview a client, they cannot conduct a settlement conference alone due to the legal decision making required. The supervising attorney must attend.
5 Ways Your Sales Team Will Make the Next Webinar a SuccessMarketo
Check out these slides from Marketo's LaunchPoint partner, ReadyTalk, and customer, Egencia, on how you can better utilize webinars to increase engagement and revenue.
Psychological Safety: Patterns from child psychology to build and strengthen ...Scrum Australia Pty Ltd
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive function. Exercise causes chemical changes in the brain that may help protect against mental illness and improve symptoms.
Robert Cialdini: The Science of Persuasion in Less Than 10 SlidesWilly Braun
A scientific paper summarized in less than 10 slides.
The 6 principles of winning friend and influencing people from Robert B. Cialdini's paper: Harnessing the Science of Persuasion (2011)
Bonus: full paper and recommended readings.
This is the version of my talk, Be a Great Product Leader, given at Zynga on Feb 22, 2016. It includes six lessons on product leadership from my time at eBay & LinkedIn.
Sample California settlement offer letterLegalDocsPro
This sample California settlement offer letter is made pursuant to Evidence Code Section 1152 and 1154. The sample can be modified for use by either a plaintiff or defendant.
The author is a freelance paralegal who has worked in California and Federal litigation since 1995.
AI and Machine Learning Demystified by Carol Smith at Midwest UX 2017Carol Smith
What is machine learning? Is UX relevant in the age of artificial intelligence (AI)? How can I take advantage of cognitive computing? Get answers to these questions and learn about the implications for your work in this session. Carol will help you understand at a basic level how these systems are built and what is required to get insights from them. Carol will present examples of how machine learning is already being used and explore the ethical challenges inherent in creating AI. You will walk away with an awareness of the weaknesses of AI and the knowledge of how these systems work.
The Truth about Tone from the Top by @EricPesikEric Pesik
Are your executives telling the truth when they say "ethics matter"? Senior executives are involved in 53% of bribery cases. And they know about 86% of corporate fraud cases. If management lies about ethics, what message does that send? What is the true "tone from the top"?
This document is a reply brief filed by defendants in a class action securities litigation case. It summarizes and responds to arguments made in the lead plaintiffs' opposition to the defendants' motion to dismiss. The defendants argue that the court can consider SEC filings, press releases, and transcripts referenced in their motion. They also contend that the lead plaintiffs have misstated facts and failed to provide the full context of disclosures made during the class period. The defendants assert that statements were not misleading and that the plaintiffs have not sufficiently pleaded scienter. Overall, the brief aims to persuade the court to dismiss the complaint with prejudice based on deficiencies in the plaintiffs' arguments and pleading.
Newtown Loses By Default Judgment- NECA -vs- KaaihueAngela Kaaihue
Newtown Loses By Default Judgment- NECA -vs- Kaaihue, a five year litigation and court battle. When NECA board of directors, and community are jealous for driving right by a property that could have been purchased, but was inherited by Angela Kaaihue, who has turned the property she inherited into a Hawaiian Gold Mine.
Hawaii Appellant Court Supreme Court judge castegnetti, judge jeffrey crabtree, judge karen t. nakasone, judge katherine g. leonard, judge keith hiraoka, judge lisa m. ginoza, judge sonja mccullen, judge clyde j. wadsworth, judge karen holma, judge gary W.B. chang
Trial Strategy: Using "Other Paper" in a Motion to Remand a Coverage Action t...NationalUnderwriter
A recent decision by a federal district court in Pennsylvania highlights the importance of understanding the phrase “other paper” – for both insurance companies and policyholders – to decide the timeliness of a notice of removal.
Sample Bail Bond Related Criminal Law MotionsSamuel Partida
A list of common motions filed in a criminal case related to the bail bond are provided. Six sample motions are provided that a prosecutor may typically file. Seven sample motions are provided that a defense attorney may typically file over the span of a typical criminal case.
Doc1037 robert oneil paul ballard_todd hickman_seeking approval_settlement & ...malp2009
This document is a Trustee's Motion to Approve Compromise and Settlement with Defendants Robert O'Neal, Paul Ballard and Todd Hickman in an Adversary proceeding. The Trustee is seeking the court's approval of a settlement agreement between the Trustee and the Defendants that would allow portions of the Defendants' claims against the Debtor's estate and resolve all claims between the parties. Key terms of the settlement include allowing 75% of O'Neal's claim, 60% of Ballard's claim, and 60% of Hickman's claim. The Trustee believes the settlement is in the best interest of the estate to avoid costly and uncertain litigation.
GS Holistic Court Opinion in Trademark DisputeMike Keyes
This document is a court filing that recommends granting in part a motion for default judgment against two defendants, Haz Investments LLC and Hazim Assaf, in a trademark infringement lawsuit. The plaintiff, GS Holistic LLC, alleges the defendants sold counterfeit products bearing GS's trademarks without authorization. As the defendants failed to respond to the complaint, the clerk entered default against them. The court filing analyzes the applicable legal standards and finds default judgment is warranted procedurally and substantively for some of the plaintiff's claims. It recommends awarding $15,000 in statutory damages, $782 in costs, and injunctive relief to the plaintiff.
Kindred Kentucky Supreme Court 16 32-op-bel-kyZ Research
The Supreme Court denied interlocutory relief to two nursing homes seeking to compel arbitration based on arbitration agreements signed by attorneys-in-fact during admission to the nursing homes. The Court found that the power-of-attorney instruments did not grant the attorneys-in-fact authority to waive the residents' right to access the courts. Additionally, the Court reaffirmed that wrongful death beneficiaries cannot be bound by arbitration agreements signed on behalf of the deceased.
This document is a response opposing an application for an extension of time to file a brief. It summarizes that the appellants, who are appealing an order adding them as judgment debtors, have already received 60 days of extensions for filing their brief, totaling 120 days. The response argues the appeal does not require unusually complex factual or legal analysis. It asserts the appellants' claims that the appeal involves issues of probate, taxation, and irrevocable trusts are not properly within the scope of the appeal. The response requests the court deny any further extensions.
The document discusses two motions in the case of Stephen M. Gaggero v. Knapp, Petersen and Clarke, et al.
1) The court partially granted the plaintiff's motion to quash the third deposition notice but ordered that the plaintiff submit to a final deposition of no more than 10 hours on a mutually agreeable date.
2) The court denied the plaintiff's motion to quash the subpoena for production of documents from the plaintiff's previous attorney. The court found that the plaintiff waived privilege by suing both the defendant and previous attorney and putting the attorney's conduct at issue. The documents were ordered to be produced.
This order grants the defendants' motion to dismiss the plaintiff's complaint. The court found that the plaintiff did not adequately define the elements of its claimed trade dresses for essential oils and hair care products. Specifically, the plaintiff's use of the word "including" when listing elements suggested the dresses were not limited to what was listed. As the exact scope of the claimed dresses was uncertain, the plaintiff failed to give the defendants fair notice of the nature and basis of the trade dress claims against them. The court dismissed the plaintiff's three causes of action for trademark infringement, common law trademark infringement, and unfair business practices.
Defendants filed special exceptions, a motion to dismiss, an answer, and requests for disclosure in response to a lawsuit filed by Plaintiffs Sam and Rhonda Jenkins. The document argues that Plaintiffs are not entitled to damages for mental anguish or loss of consortium because Texas law requires proof of physical harm, which is lacking in this case. It specially excepts to Plaintiffs' claim of mental anguish stemming from economic losses, and moves to dismiss their loss of consortium claim for the same reason. Defendants generally deny Plaintiffs' allegations and request Plaintiffs prove their case by a preponderance of the evidence.
Hieleras ruled deprivation of constitutional rightsBryan Johnson
This order grants a preliminary injunction requiring the US Border Patrol to comply with its own guidelines for holding detainees, based on evidence that detainees' basic human needs were not being met. The court found the plaintiffs were likely to succeed on their claims that conditions violated detainees' due process rights by depriving them of adequate sleep, hygiene, medical care, food and water, and warmth. While acknowledging funding constraints, the court ruled constitutional rights cannot be denied for fiscal reasons and ordered compliance with guidelines to provide these basic needs as outlined in the Border Patrol's 2008 policy and TEDS standards.
This appeal concerns discovery disputes in an adversary proceeding brought by Sulphur Mountain Land & Livestock, LP against John and Maureen Redmond regarding their bankruptcy filing. Sulphur Mountain had previously sued the Redmonds over a commercial lease guaranteed by their daughter. The bankruptcy court granted Sulphur Mountain's motion to compel discovery from the Redmonds and later issued terminating sanctions against them for alleged noncompliance, even though the Redmonds had produced documents and been deposed. The Redmonds are appealing these rulings.
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Similar to Appellant's Reply Brief in Georgia Court of Appeals (20)
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Appellant's Reply Brief in Georgia Court of Appeals
1. NO:
IN THE COURT OF APPEALS OF GEORGIA
_________________________________________
STEVEN Applicant
vs
ANGELYNN
ERIC Respondents
__________________________________________________________________
SUPERIOR COURT STONE MOUNTAIN JUDICIAL CIRCUIT
Number:
Honorable Judge Seeliger Presiding
_______________________________________________
APPELLANT’S REPLY BRIEF
Steven
MOUSE MOUSE
12345678
HOE
HOE
Mouse Mouse
123 Atlantic Station
Foreign Park, GA 00000
(404) 000-0000
Mousemouse@aol.com
2. i
TABLE OF CONTENTS
REPLY TO APPELLEES’ BRIEF………………………………………. 1
A. Mr. Filed Into Magistrate Court.................................... 1
B. The Allegations Concerning the “Vacant Lot”................. 3
B. The Requests for Admissions……………………………………… 4
C. Allegations That Suffered No Monetary Expenses…… 4
E. Fraud Upon the Court……………………………………………. 6
F. O.C.G.A. § 9-11-5............................................................................ 10
CERTIFICATE OF SERVICE.................................................................... 16
Mouse
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Mouse
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Table of Cases
Case Page
Barnum v. Coastal Health Services, 288 Ga. App. 209(Ga.Ct.App. 2007)... 10
Bells Ferry Landing, Ltd. v. Wirtz, 188 Ga.App. 344, 345, (1988)............... 14
Bicknell, 171 Ga. App. at 898-899................................................................. 10
Didio v. Chess, 218 Ga.App. 550, 551, 462 S.E.2d 450 (1995)..................... 13
Hazel-Atlas Glass Co. v. Hartford-Empire Co., 322 U.S. 238, 251,
64 S. Ct. 997, 1004, 88 L. Ed. 1250 (1944).......................................... 8
Howard v. City of Columbus, 239 Ga. App. 399, 416, 521 S.E.2d 51, 69...... 14
Lanier v. Burnette, 245 Ga.App. 566, 570–571(3), 538 S.E.2d 476 (2000).. 5
Malautea v. Suzuki Motor Co., Ltd., 987 F.2d 1536, 1545 (11th Cir. 1993). 10
Martin v. Automobili Lamborghini Exclusive, 307 F.3d 1332
(11th Cir. 2002)...................................................................................... 10
Matthews, Wilson & Matthews, Inc. v. Capital City Bank,
614 Fed. Appx. 969, 5-6 (11th Cir. 2015)............................................. 9
Meagher v. Quick, 264 Ga. App. 639, 643, 594 S.E.2d 182, 186 (2003)....... 6
Miccosukee Tribe v. South Florida Water Management District,
280 F.3d 1364, 1370 (11th Cir. 2002).................................................. 10
Murphy v. Bajjani, 282 Ga. 197, 199, 647 S.E.2d 54, 57 (2007).................. 5
Nix v. Whiteside, 475 U.S. 157, 158, 106 S. Ct. 988, 990,
89 L. Ed. 2d 123 (1986)......................................................................... 6
4. iii
O'Donnell v. Durham, 275 Ga. 860, 861(3), 573 S.E.2d 23 (2002).............. 5
Potter v. American Medcare Corp., 225 Ga.App. 343, 346, 484 S.E.2d 43... 14
Power Indus. v. Avant, 134 Ga.App. 952, 956–957(2), 216 S.E.2d 897......... 14
Resource Network Intl. v. Ritz–Carlton Hotel Co., 232 Ga.App. 242(1),
501 S.E.2d 573 (1998)........................................................................... 14
Rickett v. State, 276 Ga. 609, 610(2), 581 S.E.2d 32 (2003).......................... 5
Setlock v. Setlock, 286 Ga. 384, 385 (Ga. 2010)............................................ 1,4
Simpson v. Southwire Co., 249 Ga.App. 406, 409, 548 S.E.2d 660 (2001).... 6
Smith v. Nat. Bank of Ga., 182 Ga.App. 55, 58, 354 S.E.2d 678 (1987)........ 13
Travelers Indem. Co. v. Gore, 761 F.2d 1549, 1551 (11th Cir. 1985)............ 9
Wright v. Wilcox, 262 Ga. App. 659, 662, 586 S.E.2d 364, 366 (2003)......... 5
Zakrzewski v. McDonough, 490 F.3d 1264, 1267 (11th Cir. 2007)................ 9
Other Authorities
O.C.G.A. § 9-11-5........................................................................................... 10,11
OCGA § 15-10-2 (5) and (6)............................................................................ 1,4
OCGA § 51–9–1............................................................................................... 5
5. 1
APPELLANT’S REPLY BRIEF
COMES NOW, Appellant, Steven who respectfully files
Appellant’s Reply Brief.
REPLY TO APPELLEES’ BRIEF
The s have requested judicial notice of the Discretionary Application
and Response. That being the case, Mr. requests that the Court to take
Judicial Notice of the Discretionary Appeal, as well, shown by Rule 42(c) so that
he may counter to statements made within Appellees’ (“The s”) Brief, and
have considered, issues from the Application.
A. Mr. Filed Into Magistrate Court With Actual Knowledge
Mr. , filed his action into Magistrate Court with actual knowledge
of the limit to $15.,000.1
“Each magistrate court and each magistrate thereof shall have
jurisdiction and power over . . . [t]he trial of civil claims . . . in which
exclusive jurisdiction is not vested in the superior court and the
amount demanded or the value of the property claimed does not
exceed $15,000.00 . . . [and] [t]he . . . issuance of writs and judgments
in dispossessory proceedings. OCGA § 15-10-2 (5) and (6).
Setlock v. Setlock, 286 Ga. 384, 385 (Ga. 2010).
Mr. , due to his health, not wanting a long drawn out case. He also
did not wanting discovery, and didn’t plan on winning Millions of Dollars. The case
1
It is odd, but the Index shows the transfer as an Appeal. The rules on appeal from
Magistrate Court are different form Appeals from Superior Court. One would have
to wonder how and why the transfer had been mislabeled.
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in Magistrate Court was cut and dry. Mr. just wanted The s to leave
him alone, quit stealing from him and stop exploiting him for financial gain. Mr.
filed into Magistrate Court, and was willing to allow the Court to decide
the damages, with a cap of $15,000.00,
Mr. had chosen the magistrate court and filed his complaint into that
Court, Case No. 18M92478. The s had the case transferred. The es
stated: “May 30, 2018 the Magistrate Court case, because of the relief demanded,
was transferred to DeKalb Superior Court Civil Action File No. 18-CV-6135, the
underlying case of this appeal. [VI-5]”. [V1-10@12]. A lie.
The Civil Cover Sheet from Magistrate Court shows that Mr. had
sought $14,999.00 in damages. Mr. does not have the documents from
the Magistrate Court, but the Civil Cover Sheet would be one of the first documents.
The magistrate court docket report shows on 05/21/2018 “Magistrate Civil
Hearing Notice”. On 05/30/2018 “Order to Transfer to DeKalb County Superior
Court”. On 06/13/2018 “Transfer to Other Jurisdiction Superior Court of DeKalb
County”. That same day “Miscellaneous Transferred to Superior Court”. Why
would The s lie to this Court? Deceit, misrepresentation.
The trial Court’s Summary Judgment Order [V-1, p. 402], started with “This
case was originally filed in Magistrate Court”. At the end of page 402, the trial court
stated “ ’s negligence claims seeks damages to the cable …loss of business,
Mouse Hoee
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Mr. Mouse
7. 3
and qui[te] enjoyment of property, although gives no value to the alleged
damages. The case was transferred to this Court” [V1-402]. Why would the trial
court lie, stating that Mr. had given no value to the alleged damages? Mr.
sought $14,999.00, on the Civil Cover Sheet from Magistrate Court.
An attorney, with actual knowledge that his clients were guilty of the
allegations within a complaint filed into a Magistrate Court ($15,000 cap), would
have kept the case in Magistrate Court, where they would not have to pay damages
of more than $15,000.00. The ’ attorney instead, had the case transferred to
Superior Court, lied about it, claiming that the case was transferred because of the
amount of damages. Why?
B. The s’ Allegations Concerning the “Vacant Lot”
The s bring up “the vacant lot”. Mr. did a word search within
his Opening Brief, for “lot”, “vacant lot”, “back lot” comes up with NO RESULTS.
Therefore, Mr. addresses the “vacant lot”, referring to the Statement of
Facts within the Application for Discretionary Appeal. The bottom of page 3, to the
middle of page 4 gives a quick explanation, that remains undisputed by The s.
The “vacant lot”, “back lot” that The s address on pages 7-8, 13, and 22 of
Appellees’ Brief were addressed in the Discretionary Application on pages 3-4, 9-
11, to the Discretionary Application filed with the Court. The s brought up
“vacant lot” on page 8, twice on page 13, and twice on page 22. “Law school” was
Mr. Mouse
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8. 4
brought up on pages 12, 15, and 25. The s have admitted that Mr.
has not acted at any time and/or practiced law as an attorney.
C. The Requests for Admissions
“Request for Admissions”, is the only grounds for which The s could
prove their case on. They use the Request for Admissions in this Court to prove
their right to excessive attorney’s fees and awards. In their Appellee Brief, twelve
(12) times The s used the phrase “Request for Admissions”; see Appellees’
Brief, pages 7-8 ¶¶ 1-2; page 10 ¶ B 1; page 12 ¶9; page 15 D. First, Second, Third
and Fourth ¶¶; page 16 First, Second, Third, Fourth, Fifth ¶¶.
The s admit through dependence on the Request for Admissions, that
without such Requests being admitted due to default in responding, that they could
have prevailed no other way. Due to Mr. default by failing to timely
respond, the Requests, all requests were admitted as true. That is not a ruling on the
merits. And default Admissions, does not result in “the truth”.
D. Allegations That Suffered No Monetary Expenses
“Each magistrate court and each magistrate thereof shall have
jurisdiction and power over . . . [t]he trial of civil claims . . . in
which exclusive jurisdiction is not vested in the superior court and
the amount demanded or the value of the property claimed does not
exceed $15,000.00 . . . [and] [t]he . . . issuance of writs and
judgments in dispossessory proceedings. OCGA § 15-10-2 (5) and
(6). Setlock v. Setlock, 286 Ga. 384, 385 (Ga. 2010).
The s had trespassed.
Hoe Mouse
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9. 5
“When a landowner has demonstrated that a trespass has occurred,
general damages do not have to be proven with any ‘amount to
an absolute certainty’ for recovery of such damages. When there
has been a tortious invasion of the property of another, i.e.,
trespass, such tortious conduct gives rise to the right to recover
nominal damages to vindicate such right. As to general damages,
where there is such a wrongful interference with the comfortable
enjoyment of property by a person in possession, no precise rule for
ascertaining damage can be given; therefore the [jurors] are left
to say what, in their judgment, the defendant ought to pay, in
view of the discomfort or annoyance to which the plaintiff and his
family have been subjected by the trespass. (Citations and
punctuation omitted.) Lanier v. Burnette, 245 Ga.App. 566, 570–
571(3), 538 S.E.2d 476 (2000); see also OCGA § 51–9–1 (‘The right
of enjoyment of private property being an absolute right of every
citizen, every act of another which unlawfully interferes with such
enjoyment is a tort for which an action shall lie.’). Wright v.
Wilcox, 262 Ga. App. 659, 662, 586 S.E.2d 364, 366 (2003).
This Court has stated “every act of another which unlawfully interferes with
such enjoyment is a tort for which an action shall lie”.
The word shall is of mandatory import. The Supreme Court of Georgia has
stated: “We agree with the Court of Appeals that, as a rule of statutory construction,
‘[s]hall’ is generally construed as a word of mandatory import.” O'Donnell v.
Durham, 275 Ga. 860, 861(3), 573 S.E.2d 23 (2002). Murphy v. Bajjani, 282 Ga.
197, 199, 647 S.E.2d 54, 57 (2007).
‘“In its ordinary signification ‘shall’ is a word of command, and
the context ought to be very strongly persuasive before that word
is softened into a mere permission.’ (Citations and punctuation
omitted.) Rickett v. State, 276 Ga. 609, 610(2), 581 S.E.2d 32
10. 6
(2003)”. “Where a ... statute is plain and susceptible of but one
natural and reasonable construction, the court has no authority to
place a different construction upon it, but must construe it
according to its terms.” (Citations and punctuation omitted.)
Simpson v. Southwire Co., 249 Ga.App. 406, 409, 548 S.E.2d 660
(2001).
Meagher v. Quick, 264 Ga. App. 639, 643, 594 S.E.2d 182, 186 (2003).
E. Fraud Upon the Court
Why do the Appellees and the trial court insist that Mr. had not
placed a monetary amount on the damages? Why would the Appellees make it sound
like the Magistrate Court on a whim transferred the case? Mr. still
suggests that The s’ attorney and the trial court were personal friends, or that
there was a fraud upon the court with or without participation of the court.
The US Supreme Court has held:
“Counsel’s duty of loyalty to, and advocacy of, the defendant’s cause
is limited to legitimate, lawful conduct compatible with the very
nature of a trial as a search for truth. Although counsel must take all
reasonable lawful means to attain his client’s objectives, counsel is
precluded from taking steps or in any way assisting the client in
presenting false evidence or otherwise violating the law. Moreover,
accepted norms require that a lawyer disclose his client’s perjury
and frauds upon the court.
Nix v. Whiteside, 475 U.S. 157, 158, 106 S. Ct. 988, 990, 89 L. Ed. 2d 123 (1986)
The ’s Appellees’ Brief, on page 18 states: “ suffered no
monetary expense as a result of Mr. having cut the AT&T cable. Defendants
First Request for Admissions…” [Ae.Brg., p.18]. Then on page 19 speaking of the
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11. 7
Summary Judgment states: “ recites a great deal of law but this issue
must be decided on the undisputed facts of the case [Ae.Brf, p.19].
There has never been undisputed facts of the case. Further:
The s and the trial court commented that it was only 3 inches onto Mr.
’s property like it was no big deal. But considering the length of the
property on that side is 278 feet, where the 3 inches was encroached upon, the
County Code states that there is a set back of 10’ on each side. Plus it was a heck of
a lot more than 3”. 278 feet x three inches comes up to 834 inches = 69.5 square
feet. Had the shed stayed on Mr. ’s property, The would have
claimed adverse possession, and stolen more property from Mr. than they
had already stolen.
Mr. , knowing the limit of $15,000 in Magistrate Court, requested
$14,999.00, was willing to allow the Magistrate Judge determine the amount of his
damages.
A lay person, reading this would conclude that the Magistrate Court on its
own, transferred the case. That is not what happened, and the record on appeal will
show (unless that document was removed prior to, or after transfer), that The
had filed “Answers, Defenses and Motion to Transfer”. So why do they lie?
The s address the transfer to this Court in Appellees’ Brief, pages 11,
12, the case was transferred “because of the relief demanded…” [Ae.Brf.,p.9@12].
Mr. Mouse
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That was a knowingly, willingly, wantonly made lie to perpetrate a fraud upon this
Court. The s and the trial court had already stated that Mr. had “not
stated an amount for damages”, which too was a knowingly, willingly, wantonly
made lie. Mr. had filed into the Court that he intended to hear the matter.
Mr. Justice ROBERTS. “No fraud is more odious than an attempt to subvert
the administration of justice”. Hazel-Atlas Glass Co. v. Hartford-Empire Co., 322
U.S. 238, 251, 64 S. Ct. 997, 1004, 88 L. Ed. 1250 (1944).
“It is complained that members of the bar have knowingly participated in the
fraud. Remedies are available to purge recreant officers from the tribunals on whom
the fraud was practiced”. Id.
Mr. filed an action to fight for his rights, in a court where cases
move quickly through the Court, not looking to get rich, and not looking for a case
to cause his health to decline. The s removed the action to Superior Court, so
that they could perpetrate a fraud upon the court through illusions. First the s
got rid of two of Mr. ’s claims on default summary judgment. Next, after
creating the illusion of a continuing discovery dispute, that Mr. had
refused to participate, and had ignored the Court’s Order. They then filed Motion for
Sanctions. Mr. ’s case was apparently dismissed for missing the sanctions
hearing, and through the false claims about discovery.
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Along with the discovery dispute2
there were numerous problems concerning
this case. Looking at everything that happened, including Mr. not
receiving Motions, Notices, Orders, etc., the case had been transferred by The
, and they got rich from that transfer.
‘“Fraud upon the court’ should, we believe, embrace only that
species of fraud which does or attempts to, defile the court itself, or
is a fraud perpetrated by officers of the court so that the judicial
machinery cannot perform in the usual manner its impartial task of
adjudging cases that are presented for adjudicatio..”. Travelers
Indem. Co. v. Gore, 761 F.2d 1549, 1551 (11th Cir. 1985).
Zakrzewski v. McDonough, 490 F.3d 1264, 1267 (11th Cir.
2007)Matthews, Wilson & Matthews, Inc. v. Capital City Bank, 614
Fed. Appx. 969, 5-6 (11th Cir. 2015).
7 Moore's Federal Practice ¶ 60.33
One reading the Briefs filed, would conclude that the case was transferred by
The s for the reason that the case turned out the way it did. The intent, was to
prevent Mr. ’s receipt of what they filed into the Court. Mr.
could not respond to that which he did not know had been filed.
While there is very little case law to fulfill what has happened in the case at
bar, the 11th
Circuit Court of Appeals has made numerous rulings on some of these
types of issues. Georgia procedures, rules, and statutes are based on the Federal
2
The s had the case transferred from Magistrate Court, they immediately filed
Discovery requests. Shortly thereafter, Mr. had filed an Emergency Leave
for Health related issues or a stay, which has never shown on the Docket Report.
The proof that he filed it, is the filed a response to it.
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procedures, rules and statutes.
“In determining the meaning ... look to federal law for persuasive
authority. We have emphasized that the Georgia Civil Practice Act
was taken from the Federal Rules of Civil Procedure and with
slight immaterial variations its sections are substantially
identical to corresponding rules. Because of this similarity it is
proper that we give consideration and great weight to constructions
placed on the Federal Rules by the federal courts. (Citation and
punctuation omitted.) Bicknell, 171 Ga. App. at 898-899.
Barnum v. Coastal Health Services, 288 Ga. App. 209, 215 (Ga. Ct. App. 2007).
Our courts have also held, when ruling on sanctions:
“Sanction orders must not involve amounts that are so large that they
seem to fly in the face of common sense, given the financial
circumstances of the party being sanctioned. What cannot be done
must not be ordered to be done. Miccosukee Tribe v. South Florida
Water Management District, 280 F.3d 1364, 1370 (11th Cir. 2002).
(discussing injunctions). And, sanctions must never be hollow
gestures; their bite must be real. For the bite to be real, it has to be a
sum that the person might actually pay. A sanction which a party
clearly cannot pay does not vindicate the court's authority because it
neither punishes nor deters. Cf. Malautea, 987 F.2d at 1545
(concluding that sanctions imposed under court's inherent power
“justly punished” the offending parties and would hopefully deter
others from engaging in similar conduct).
Martin v. Automobili Lamborghini Exclusive, 307 F.3d 1332 (11th Cir. 2002).
F. O.C.G.A. § 9-11-5
The Appellee Brief, page 10, @ 1 states: “There is no indication in the record
that complained of or suffered any consequences from any issues
concerning the filing of pleadings or receipt of copies of filed pleadings…
Mr. Mouse
15. 11
Defendants' First Request For Admissions…undisputed by [Vl-287]”.
O.C.G.A. § 9-11-5 (a) Service--When required. Except as otherwise
provided in this chapter, every order required by its terms to be
served, every pleading subsequent to the original complaint unless
the court otherwise orders because of numerous defendants, every
written motion other than one which may be heard ex parte, and
every written notice, appearance, demand, offer of judgment, and
similar paper shall be served upon each of the parties. (Ga. Code
Ann. § 9-11-5 (West)).
Mr. did not have to complain. The rules themselves state “every
order”, “every pleading”, “every written motion”, and “every written notice,
appearance, demand, offer of judgment, and similar paper SHALL be served…”. It
has been undisputed that Mr. was not served with every order, pleading,
motion, notice…etc.
The facts clearly show that there was something improper going on in the trial
court, to which the Court may or may not have been a party. Another thing that is
extremely odd, is why would someone serve First Request for Admissions on
11/12/2018 [Vol.1, 190-288] (98 pages), then two days later, on 11/14/2018 serve
Second Requests for Admissions [Vol.1, 289-333] (44 pages); then two weeks later,
on 11/28/2018 serve Third Request for Admissions [Vol.1, 334-390] (56 pages)?
Within at two week period, The s allegedly sent to Mr. 198 pages of
Request for Admissions. That seems a bit excessive. Mr. contends that
he had not received Requests for Admissions. Of course, he can’t prove he never
got them, still, he never received them
The Hoes
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16. 12
Looking at the Index on Appeal:
10/12/2018: Def Mtn For Summary Judgment;
10/12/2018: Notice of Filing Ex.s 1 & 2 for Def Summary Judgment
10/16/2018: Notice of Filing Exs. 3 & 4 for Def Summary Judgment
10/23/2018: Motion to Recuse
10/23/2018: Brief in Support of Mtn to Recuse
11/12/2018: Def. 1st
Request for Admissions
11/14/2018: Def. 2nd
Request for Admissions
11/28/2018: Def. 3rd
Request for Admissions
Out of the numerous things filed into the record, most of what Mr.
filed is not on record. Motion to Recuse is showing, Motion to Extend Discovery is
showing, but even the s have commented that the Motion for Emergency
Leave that Mr. filed, is not on the Docket or the Index for Appeal.
“ ’S Plaintiff’s Health Related Emergency Leave of Absence Or
in the Alternative, Emergency Motion to Stay was dated July 7, 2018. Although
there is no indication the motion was filed with the court, did receive a copy
and filed a response…. makes no showing that he suffered any injury
as a result” [Ae.Brf., page 10 ¶2].
The s are wrong about whether or not Mr. sustained injuries
for the Court ignoring and not even docketing the Motion. That was the grounds for
the Motion to Compel, the grounds for sanctions, and the grounds for summary
judgment. Mr. ’s responses to the discovery filed to him on July 03, 2018.
Mr. , who had been very ill, and requested a medical leave of absence, was
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17. 13
ignored, so when he untimely responded to the requests served upon him, they were
late. On 08/21/2018 The s filed Motion to Compel Discovery.
The s reference this on page 11 @ 4: “Although denies
knowledge of Defendants' Motion For Sanctions filed on January 28, 2019 [Vl-397],
on February 4, 2019 filed a Motion For Extension of Time For
Discovery, [Vl-401] …requested a ‘30 day extension’ and was moot before the court
could rule”. The s fail to reference where Mr. made such statements.
Just like ¶ 6 on page 11, of Appellees’ Brief: “ states he had no
knowledge that his Complaint had been dismissed until he received S’
objection to his Application for Discretionary Appeal A20D0162 ….Enumeration
of Error #2 seeks appeal from the grant…”.
Since The s refuse to reference where they take Mr. ’s alleged
statements from in the Appellant’s Brief, he goes to The Discretionary Application
and finds #2. Looking back at the Discretionary Application, to Error #2, what Mr.
ctually stated was on page 11: “The trial Court erred when the court
Granted Motion for Sanctions against Mr. ”.
“Dismissal of the answer and entry of a default judgment against a
defendant who is in wilful, in bad faith, or in conscious disregard of
an order compelling discovery are an appropriate sanction. Didio v.
Chess, 218 Ga.App. 550, 551, 462 S.E.2d 450 (1995); Smith v. Nat.
Bank of Ga., 182 Ga.App. 55, 58, 354 S.E.2d 678 (1987). Neither
the movant nor the trial court need find actual wilfulness, but only a
conscious or intentional act in disregarding the duty to make
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18. 14
discovery is necessary for imposing the sanction of default.
Resource Network Intl. v. Ritz–Carlton Hotel Co., 232 Ga.App.
242(1), 501 S.E.2d 573 (1998); Potter v. American Medcare Corp.,
225 Ga.App. 343, 346, 484 S.E.2d 43 (1997); Bells Ferry Landing,
Ltd. v. Wirtz, 188 Ga.App. 344, 345, 373 S.E.2d 50 (1988); Sta–
Power Indus. v. Avant, 134 Ga.App. 952, 956–957(2), 216 S.E.2d
897 (1975)”.
Howard v. City of Columbus, 239 Ga. App. 399, 416, 521 S.E.2d 51, 69 (1999).
Having knowledge that there had been a ruling in favor of The s, did not
mean that Mr. had actual knowledge of what the sanctions were, or what
the Order stated. The facts were, the case continued.
On page 10 of Appellees’ Breif, they state 2 ¶ 1: “There is no indication in
the record that complained of or suffered any consequences from any
issues concerning the filing of pleadings…To the contrary…”. No matter if they
claim that Mr. (admitted thereto by Request for Admissions, which are all
false). The fact remains, one cannot oppose that which one does not know has been
filed.
In the case at bar, the Requests for Admissions, would have never been
admitted as true. The truth is opposite from what the Request for Admissions sought.
There is no other reason that The s would have had Admissions that Mr.
could not admit to, unless they knew Mr. would never be
allowed to respond to the requests. The s were granted “judgment based on
false admissions”.
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19. 15
Rather than honor the duty of candor to the Courts, The s twist their
knowledge of any facts, with knowledge that what they have offered to the Court are
misrepresentations. To tell selected parts of the truth, but not the whole truth, is not
being truthful to this Court.
Appellees Brief, pages 7, 8 @ ¶¶ 1-2 refer to issues, opposing counsel knows
is not true. The apparently, profiting greatly from what they claim are
“Admissions”. When an elderly, disabled adult cannot retain legal counsel, they are
forced to represent themselves. Mr. attempted to take care of the matter
through the courts. It didn’t work. The allegation that “ is a law school
graduate with substantial experience in the state and federal courts”
[Ae.Brf.,p.12@9], is a lie. Mr. ’s has been pro se.
Respectfully submitted, this 3rd
day of March, 2020,
This submission does not exceed the page
limit imposed by Rule 24(f)(2); This Reply
Brief contains 15 countable pages.
______________________________
Steven
Hoe
Hoes
Mouse
Mr. Mouse
Mouse
Mouse Mouse
1234 Park PL
Lala Land, Ga
20. 16
CERTIFICATE OF SERVICE
I hereby Certify, that I have, this 3rd
day of March, 2020, prior to filing this
Reply in this Court, served a true and correct copy of this Reply Brief, upon
Respondents, through their attorney on file, by causing to be deposited with USPS,
First Class Mail, proper postage affixed and addressed as follows:
Mark
Peachtree Dunwoody Rd.
______________________________
Steven
Cheater Man
0000
Scumbag, GA 00000
Mouse Mouse