numbersguy Posted March 14, 2013 Report Share Posted March 14, 2013 I came across this recently. It looks like Midland has started to file suits late last year using in-house counsel based in NYC. They are still using their normal stable of DC/attorney's on other cases. I thought everyone would get a laugh at how their in-house counsel starts off a complaint. 1 Link to comment Share on other sites More sharing options...
BV80 Posted March 14, 2013 Report Share Posted March 14, 2013 In other words, their "new and improved" complaints contain even more b.s. Link to comment Share on other sites More sharing options...
BrunoTheJDBkiller Posted March 14, 2013 Report Share Posted March 14, 2013 Great. How about a new and improved motion to strike for including irrelevant, impertinent material? This is supposed to be a complaint. If they want to advertise, take out an ad in a newspaper. Although it might be fun to go off on that tangent, and produce a few hundred lawsuits that have been filed against them to show how nice they are in their daily practices. After all, they opened the door. Let's drive a truck through it. Bet it's those idiot lawyers in Albany that did this. Link to comment Share on other sites More sharing options...
KentWA Posted March 14, 2013 Report Share Posted March 14, 2013 Actually I would love to get something like this. Think of all the discovery that could be done on all the allegations made in that complaint. We could spend the next 2 years looking into these issues. Link to comment Share on other sites More sharing options...
punctured Posted March 14, 2013 Report Share Posted March 14, 2013 Ironically, the document is a perfect example of the kind of underhanded psychological manipulation tactics of guilt, shame, and veiled threat that midland engages in regularly. Link to comment Share on other sites More sharing options...
numbersguy Posted March 14, 2013 Author Report Share Posted March 14, 2013 As Billy Mayes would say, “BUT WAIT, THERE’S MORE!” The defendant has filed a motion to dismiss due to improper service. The process server in their affidavit said that they served the wife who refused to give her first name and that she said her husband was not in the military. In his motion to dismiss, the defendant writes: Indeed, it is highly improbable for someone who is reported by a process server as refusing to provide their first name, to engage in a conversation about their spouse’s military service with that process server. If I’m not mistaken, in another case, the same process server submitted a picture of the defendant’s house as part of their proof of service. In that case, in the MTD, the defendant poses a rhetorical question,"...if the process server had indeed handed the papers to someone at the residence as they claimed, why didn’t they take a picture of the person answering the door?" The heck with going to my court house to see a few trials should my case ever get to that. ROAD TRIP to White Plains NY. They seem to get all of the great cases! Link to comment Share on other sites More sharing options...
1stStep Posted March 16, 2013 Report Share Posted March 16, 2013 The complaint is laughable - I can introduce 100 cases or more that easily refute their counsel's claims... Link to comment Share on other sites More sharing options...
WhoCares1000 Posted March 17, 2013 Report Share Posted March 17, 2013 I wonder what would happen if in your answer, you denied paragraphs 3, 4, and 5 and demanded strict proof? 1 Link to comment Share on other sites More sharing options...
Seadragon Posted March 17, 2013 Report Share Posted March 17, 2013 eeeeeewwwwwwwwweeeeeeeeeeeeee. I cannot believe the court would allow irrelevant matter into a complaint Defendant: Move to Strike irrelevant crap your honor.The Court: The first three paragraphs or the whole thing?Defendant: Whole thingMidland: Objection! this is not crap this is our way to negotiate settle ment Don Corleone style without being a bully.The Court: Maybe the summons is engraved on a gun?The Court: Move to strike granted with leave to amend within 10 days. Link to comment Share on other sites More sharing options...
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