Lawsuit: Dismissed _lucaaa_ and lukeyyy11 v. BrustkleFurry [2024] DCR 43

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Case Filing


IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
CIVIL ACTION


_lucaaa_ and lukeyyy11
Plaintiff

v.

BrustkleFurry
Defendant

COMPLAINT
The Plaintiff complains against the Defendant as follows:

The Defendant, BrustkleFurry, has trespassed and attempted to kill the Plaintiff multiple times in their own property. The Defendant had been asked multiple times to leave, yet refused to and kept trying to kill the Plaintiff and causing mayhem in their store. The Defendant has physically harmed the Plaintiff by causing them to bleed, has psychologically harmed the Plaintiff through harassment, and has repelled customers away from the Plaintiff's store due to the attempted murders.

I. PARTIES
1. _lucaaa_
2. lukeyyy11

II. FACTS
1. On November 9th 2024, the Defendant entered the Plaintiff's store despite there being a sign stating that they are banned from the shop. (Exhibit A)
2. When informed to leave, the Defendant refused to and stayed inside the store, while trying to shoot the Plaintiff and caused them to bleed. (Exhibit B)
3. The Defendant then attempted to murder the Plaintiff again, this time using a shovel and almost killing them. (Exhibit B)
4. The Defendant proceeded to hide on the 2nd floor, after a friend of the Plaintiff and one of the owners of the store, RoryyyMC started attacking them back in defense. (Exhibit B)

III. CLAIMS FOR RELIEF
1. Punitive Damages, as stated in the Legal Damages Act (link), are:

“Punitive damages” are damages awarded against a person to punish them for their outrageous conduct and to deter them and others like them from similar conduct in the future

What the Defendant did is clearly outrageous. They trespassed, attempted murder, and caused chaos in the Plaintiff's store. This conduct is unacceptable, and should not be left without a large punishment.
2. Loss of Enjoyment in Redmont, as stated in the Legal Damages Act (link), is said to be:

situations in which an injured party loses their ability to engage in certain activities in the way that the injured party did before the harm.

The Plaintiff lost the ability to maintain their store and handle it's day-to-day operations. The Defendant caused chaos in their. Gunshots could be heard from outside the shop, deterring any potential customers that were around the store.

IV. PRAYER FOR RELIEF
The Plaintiff seeks the following from the Defendant:
1. The Plaintiff is seeking $15,000 in Punitive Damages due to the severity of the actions.
2. The Plaintiff is seeking $10,000 in Consequential Damages due to the loss of enjoyment in Redmont.

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By making this submission, I agree I understand the penalties of lying in court and the fact that I am subject to perjury should I knowingly make a false statement in court.

DATED: This 16th day of November 2024

 
Last edited:

Case Filing


IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
CIVIL ACTION


_lucaaa_ and lukeyyy11
Plaintiff

v.

BrustkleFurry
Defendant

COMPLAINT
The Plaintiff complains against the Defendant as follows:



I. PARTIES
1. _lucaaa_
2. lukeyyy11

II. FACTS
1. On November 9th 2024, the Defendant entered the Plaintiff's store despite there being a sign stating that they are banned from the shop. (Exhibit A)
2. When informed to leave, the Defendant refused to and stayed inside the store, while trying to shoot the Plaintiff and caused them to bleed. (Exhibit B)
3. The Defendant then attempted to murder the Plaintiff again, this time using a shovel and almost killing them. (Exhibit B)
4. The Defendant proceeded to hide on the 2nd floor, after a friend of the Plaintiff and one of the owners of the store, RoryyyMC started attacking them back in defense. (Exhibit B)

III. CLAIMS FOR RELIEF
1. Punitive Damages, as stated in the Legal Damages Act (link), are:

“Punitive damages” are damages awarded against a person to punish them for their outrageous conduct and to deter them and others like them from similar conduct in the future

What the Defendant did is clearly outrageous. They trespassed, attempted murder, and caused chaos in the Plaintiff's store. This conduct is unacceptable, and should not be left without a large punishment.
2. Loss of Enjoyment in Redmont, as stated in the Legal Damages Act (link), is said to be:

situations in which an injured party loses their ability to engage in certain activities in the way that the injured party did before the harm.

The Plaintiff lost the ability to maintain their store and handle it's day-to-day operations. The Defendant caused chaos in their. Gunshots could be heard from outside the shop, deterring any potential customers that were around the store.

IV. PRAYER FOR RELIEF
The Plaintiff seeks the following from the Defendant:
1. The Plaintiff is seeking $15,000 in Punitive Damages due to the severity of the actions.
2. The Plaintiff is seeking $10,000 in Consequential Damages due to the loss of enjoyment in Redmont.



By making this submission, I agree I understand the penalties of lying in court and the fact that I am subject to perjury should I knowingly make a false statement in court.

DATED: This 16th day of November 2024

Before I issue a summons, I need proof of representation
 
Apologies, your honor

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Writ of Summons


@brustklefurry is required to appear before the Federal Court in the case of _lucaaa_ and lukeyyy11 v. brustklefurry [2024] DCR 43

Failure to appear within 72 hours of this summons will result in a default judgement based on the known facts of the case.

Both parties should make themselves aware of the Court Rules and Procedures, including the option of an in-game trial should both parties request one.

 
Titan Law will be repressing the defendant in this matter

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Motion


IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
MOTION TO DISMISS

The Defendant respectfully moves that the complaint in this case be dismissed. In support of this motion, the Defendant alleges as follows:

  1. Failure to Include the Defendant as a Party:
    The Plaintiff has failed to properly include the Defendant within the "Parties" section of their complaint. This omission constitutes grounds for dismissal under Court Rule 5.7: Failure to Include a Party. Rule 5.7 expressly provides that "A Motion to Dismiss can be filed for the plaintiff’s failure to join all appropriate parties to the case."
  2. Recovery of Legal Fees:
    Pursuant to the Legal Damages Act, the Defendant seeks recovery of $5,000 in legal fees incurred in defence of this matter. Section 2(a) of the Act states:
    "In the event that the plaintiff initiates legal proceedings and such proceedings are dismissed by the court or result in a judgment in favour of the defendant, the prevailing party's legal representatives shall be entitled to recover reasonable legal fees from the plaintiff."
    Additionally, Section 2(b) of the Act provides that:
    "The maximum amount recoverable under this section shall be capped at $5,000 or 20% of the case's value, whichever is higher."
    In accordance with the above, the Defendant requests legal fees in the amount of $5,000, the statutory cap applicable to this matter.

 
Can we respond to the motion to dismiss, your honor?
 
The plaintiff accepts the motion to dismiss, but we ask that the case be dismissed without prejudice, as the issue is with the filing and not with the claims.

However, we do not believe that the Defense is entitled to $5,000 in compensation. According to the Legal Damages Act, $5,000 is the maximum and requesting the max amount for a case which hasn't even gone into discovery is unjustified.
 
The plaintiff accepts the motion to dismiss, but we ask that the case be dismissed without prejudice, as the issue is with the filing and not with the claims.

However, we do not believe that the Defense is entitled to $5,000 in compensation. According to the Legal Damages Act, $5,000 is the maximum and requesting the max amount for a case which hasn't even gone into discovery is unjustified.
This case is hereby dismissed without Prejudice. No counterclaims will be granted.
 
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