Lawsuit: Dismissed Onyx Industries v. Town of Klondike [2022] FCR 90

[Dartanboy]

IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
CIVIL ACTION

Onyx Industries [AKA OnyxInd [in-game company] or Onyx for short] (Solid Law Firm representing)
Plaintiff

v.

Town of Klondike
Defendant

COMPLAINT
The Plaintiff complains against the Defendant as follows:

On October 16, 2022, Onyx (represented by ElainaThomas29 at the time) was informed that their large iplot had been moved to a build world pending forced redesign to make it “fit town guidelines.” This has resulted in many damages.

I. PARTIES
1. Onyx
2. Town of Klondike

II. FACTS
1. In April of 2022, Onyx was informed they would be given fair compensation for the movement and modification of their iplot [Exhibits C, D, and E]
2. On October 16, 2022, Onyx was informed that their large iplot had been moved to a build world pending forced redesign to make it “fit town guidelines.” [Exhibit A]
3. On October 28, 2022, Onyx was informed that the process would be finished in just two more days [Exhibit B].
4. On November 6, 2022, Onyx was informed that the process would be finished “Monday/Tuesday.” [Exhibit B].
5. The Town of Klondike must follow Federal Laws, as they are still part of the Commonwealth of Redmont.
6. There are no Federal Laws allowing for the Executive to take away a privately owned building for the sole purpose of changing how it looks.
7. The Town of Klondike has no laws allowing for the Executive to take away a privately owned building for the sole purpose of changing how it ooks. Additionally, even if there was such a law, the sheer amount of time it took warrants compensation. Additionally, the missing items, sales, and parts of the building warrant compensation as well.
8. As a result of this, there are now: missing barrels, missing livestock (chickens), missing crops, missing item frames, missing signs, and plugin-based plants have been replaced with vanilla flowers. Additionally, the new building is an entire floor shorter.

III. CLAIMS FOR RELIEF
1. The Town of Klondike has overreached and illegally taken hostage an industrial plot owned by Onyx. (There is no law allowing the Town to do this).
2. The Town of Klondike committed Fraud by telling Onyx that they would be compensated, but no compensation was given.

IV. PRAYER FOR RELIEF
1. $10,000 for the missing items
2. $75,000 in lost sales
3. $20,000 for time spent securing and reorganizing the new building
4. $2,100 in legal fees
($107,100 in total)

EVIDENCE:
Exhibit A: https://media.discordapp.net/attach...504936890388/unknown.png?width=309&height=670
Exhibit B: https://media.discordapp.net/attach...505272426506/unknown.png?width=309&height=670
Exhibit C: https://media.discordapp.net/attach...55869921370/IMG_5244.png?width=309&height=670
Exhibit D: https://media.discordapp.net/attach...56104810517/IMG_5245.png?width=309&height=670
Exhibit E: https://media.discordapp.net/attach...56360646716/IMG_5246.png?width=309&height=670

Consent to Represent:

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 2022

 

[Banana]

IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
WRIT OF SUMMONS

The Defendant is required to appear before the Federal Court in the case of Onyx Industries v. Town of Klondike [2022] FCR 90.

Failure to appear within 48 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.​

 

[LilDigiVert]

Your honor,

I have just been hired by the Defendant to represent them in this case, and would like to request an additional 24 hours in case my IRL commitments tomorrow come close to the 7:59PM EST deadline.

 

[Banana]

The extension is granted.

 

[LilDigiVert]

IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
ANSWER TO COMPLAINT

Onyx Industries [AKA OnyxInd [in-game company] or Onyx for short] (Solid Law Firm representing)
Plaintiff

v.

Town of Klondike (Represented by LilDigiVert of Prodigium | Attorneys at Law)
Defendant

I. ANSWER TO COMPLAINT & DEFENSES

1. In April of 2022, Onyx was informed they would be given fair compensation for the movement and modification of their iplot [Exhibits C, D, and E]

The defense affirms this statement to an extent, but believes that this doesn’t tell the full story. As confirmed by the Plaintiff’s Exhibits D & E, ElainaThomas29 of Onyx was indeed offered fair compensation in the event that 1) the size of the new i-plot required a “total renovation” of Onyx’ industrial property and 2) the value of the property had decreased. These discussions, however, never materialized as the Plaintiff’s own Exhibits E explicitly says that the form of compensation would be “determined a little later”.

As highlighted by former mayor Tylxrfied, all structural renovations on the industrial plot were paid for/covered by the Town’s government. This is compensation by Klondike as it covered all associated building expenses (Exhibit A below). As highlighted by ElainaThomas29, the key concern was the size of the plot rather than the location (movement of their i-plot). The size of the plot is identical, and the height of the plot was adjusted to comply with building regulations (namely, the 30/40 block height limit) enforced by the Department of Construction & Transportation and Department of State.

Furthermore, the value of the i-plot did not decrease in the transition from Hamilton to Klondike; the Town of Klondike would actually contend it has increased. In Klondike, property maintains its Hamilton areashop value of $9,900. Additionally, the industrial plot in question is one of eleven privately owned industrial plots, with every other i-plot in Klondike set to be rented from the Town. The defense would argue that the i-plot scarcity inadvertently created by the Reveille transfer has actually increased the value of Onyx’ industrial plot.

2. On October 16, 2022, Onyx was informed that their large iplot had been moved to a build world pending forced redesign to make it “fit town guidelines.” [Exhibit A]

The defense disputes this statement. As seen in Exhibit A below, and the Plaintiff’s very own Exhibit E, Onyx granted consent to Klondike to redesign its industrial plot. Not once did the Plaintiff express discontent or an unwillingness to have its plot modified. Additionally, towns are held to a height limit of 40 blocks by the Executive; if Klondike did not redesign the building on Onyx’ i-plot, it would have been evicted and vaulted.

3. On October 28, 2022, Onyx was informed that the process would be finished in just two more days [Exhibit B].
4. On November 6, 2022, Onyx was informed that the process would be finished “Monday/Tuesday.” [Exhibit B].

The defense affirms these statements. The Exhibit B below has a transcript of the Plaintiff’s full ticket with Klondike. Delays were caused by Klondike Mayor SnoWhiteBeard’s other IRL and in-game commitments. Within Exhibit B, the Defendant apologized for the delays and highlighted that they were actively and promptly working on it when available.

5. The Town of Klondike must follow Federal Laws, as they are still part of the Commonwealth of Redmont.

The defense affirms this statement. The Town Information Page reads, “In the event that any Town legislation contradicts any Federal legislation, the Federal legislation shall apply within the jurisdiction of the Town, unless such legislation expressly exempts the jurisdiction. Any Federal code which is not an Act of Congress, an Executive Order, or within the Constitution, such as department policy, does not take precedence over Town legislation.” It is, however, the burden of the Plaintiff to prove what law was violated by Klondike.

6. There are no Federal Laws allowing for the Executive to take away a privately owned building for the sole purpose of changing how it looks.

The defense disputes this statement. The defense would contend that Section 1.2 of the Klondike Code and the By-Laws section of the Town Information Page gives the Klondike government the ability to regulate the themes of the buildings it is the landlord of (When transferred from Hamilton to Klondike, the landlord legally changed from DCGovernment to SnoWhiteBeard, mayor of Klondike).

The Town Information Page reads, “In the event that any Town legislation contradicts any Federal legislation, the Federal legislation shall apply within the jurisdiction of the Town, unless such legislation expressly exempts the jurisdiction. Any Federal code which is not an Act of Congress, an Executive Order, or within the Constitution, such as department policy, does not take precedence over Town legislation.”

Seeing as both sides agree that there are no federal laws, executive orders, or constitutional amendments surrounding this issue, it is in the Town’s right to regulate the way buildings look/are themed; whether they are private or not.

The defense also disputes the framing of this claim. At no point was a plot “taken away” from the Plaintiff, and the idea that the “sole purpose” of modifying the building was for changing the way it looks is factually inaccurate. Exhibits A and B below portray a pattern of open communication and consent throughout the building transition process, and another reason that the building was modified was to comply with the federal government’s 40 block height limit requirement.

Furthermore, the building is structurally the same. A floor was removed from the top to make it compliant to the 40 block height limit and the exterior blocks were replaced to fit the Town’s aesthetic more, to which the Plaintiff consented to in Exhibit A below. Indeed, the Defense would argue that higher value blocks were used, further raising the value of the building and overall i-plot. This can be considered as another form of compensation. See exhibit D to see the buildings side-by-side.

7. The Town of Klondike has no laws allowing for the Executive to take away a privately owned building for the sole purpose of changing how it ooks. Additionally, even if there was such a law, the sheer amount of time it took warrants compensation. Additionally, the missing items, sales, and parts of the building warrant compensation as well.

The defense disputes this statement. The first sentence is answered in the quote directly above, Section 1.2 of the Klondike Code and the Town Information page (derived from Executive Orders) allows the Town of Klondike to regulate building themes.

The second sentence is addressed above and in Exhibit B below. The Plaintiff did not communicate a rush to have their plot back. After Mayor SnoWhiteBeard missed their initial next-day deadline due to IRL and in-game commitments (also addressed in the ticket to be met with no pushback), it took the Plaintiff 8 days to ask for their plot in the ticket. This suggests that there was no rush to get it done faster, and if a reminder was sent earlier the Town could’ve allocated more resources to completing the modifications earlier. Nonetheless, once a reminder was sent to the Government of Klondike, they received a plot with all of their items 2 days later.

The defense would also like to reiterate that the process of modifying a building to fit the theme of the town while simultaneously making it legal from the eviction process (height limit) is a form of compensation.

The defense unequivocally rejects the third sentence’s notion that there are missing items and sales caused by the modification of the plot. All items on the floor that were removed to make it compliant with the 40 block height limit were moved to other floors. If the Plaintiff needed items earlier, they could and should have asked the Town to unvault certain chests/barrels for them while the building was in the build world. If this was communicated with the Town at any point, Klondike would have been more than accommodating to help Onyx access its items in storage. As highlighted in every piece of evidence presented before the court, this idea was never once communicated with the Town.

As discussed above, removing the top floor of the building was necessary to prevent the building from being evicted by the DCT because of the 40+ block height limit.

8. As a result of this, there are now: missing barrels, missing livestock (chickens), missing crops, missing item frames, missing signs, and plugin-based plants have been replaced with vanilla flowers. Additionally, the new building is an entire floor shorter.

The defense unequivocally rejects the entirety of this premise. There are no missing barrels, see exhibit C below comparing the old and new building. There was no livestock in the building when moved over from Hamilton to the build world. Plugin-based plants/drugs are regularly replaced with vanilla flowers because of plugin glitches. This has nothing to do with Klondike and the Defense would implore the Plaintiff to open a staff ticket to have those replaced free of charge, as that is the appropriate process.

As explained above, the building is an entire floor shorter because it needs to comply with the federal 40 block height limit regulation.

III. CLAIMS FOR RELIEF
1. The Town of Klondike has overreached and illegally taken hostage an industrial plot owned by Onyx. (There is no law allowing the Town to do this).
2. The Town of Klondike committed Fraud by telling Onyx that they would be compensated, but no compensation was given.

Addressed above and in the motions to dismiss below.

II. MOTIONS TO DISMISS

Spoiler: 1. Claim for Relief 1

The Town of Klondike has overreached and illegally taken hostage an industrial plot owned by Onyx. (There is no law allowing the Town to do this).

Considering the evidence below and arguments made in the above defenses, this claim for relief is inaccurate and should be dismissed on face:

1. The Town of Klondike, in pursuant with the Klondike Code and Town Information guidelines, was acting in its legal capacity to regulate the exterior themes within its Town’s borders.
2. Exhibit A below shows that Onyx’s plot was not “illegally taken hostage”, but rather was modified with the consent of plot owner ElainaThomas29.
3. Exhibit B below highlights an open line of communication between the Plaintiff and Defendant. The Defendant gave the Plaintiff consistent updates on the status of their building and when pushed, delivered an improved, finished product within 48 hours.

Spoiler: 2. Claim for Relief 2

The Town of Klondike committed Fraud by telling Onyx that they would be compensated, but no compensation was given.

Considering the evidence below and arguments made in the above defenses, this claim for relief is inaccurate and should be dismissed on face:

1. There was no fraud, and Onyx was compensated with a free modification of their exterior by Klondike’s build team. Had the town not offered this to the Plaintiff, they would have been forced to either pay a builder to shorten their building or be evicted by the DCT for failing to comply with the 40 block height limit. Additionally, Exhibits A and B show that there was a constant line of communication regarding modifications to the height and exterior block pallet used for the building. It fundamentally cannot be fraud considering Klondike was entirely transparent with Onyx.
2. Former Mayor Tylxrfied offered “possible compensation” after concerns that the plot value was going to decrease. The plot valuation remains the same on areashop, the town used blocks of equal or higher value when executing the consented modification of the exterior of the building, and the Town granted Onyx ownership of an industrial plot, a privilege that only 11 people will have in Reveille.
3. In sum, Onyx was compensated by Klondike with a free modification of its plot to increase block value and become compliant with DCT regulations. Furthermore, the entire premise of the “possible compensation” was related to the loss of value. Onyx’ plot did not lose value, it actually gained value.

Spoiler: 3. Prayers for Relief

Considering the evidence below and arguments made in the above defenses, this claim for relief is both frivolous and inaccurate and should be dismissed on face:

1. $10,000 for the missing items - There are no missing items. Exhibit C shows that the barrel count is identical between both buildings. Missing drugs/plugin plants is a staff issue and can be recovered by the Staff team.

2. $75,000 in lost sales - The Plaintiff does not make any connection/reasoning as to why or how not having access to their industrial plot led to $75,000 in lost sales in their Complaint. Nor have they properly linked this prayer for relief with a claim of relief. Until given a breakdown and legal justification, this number is entirely made up. Furthermore, the Plaintiff had every opportunity to express this concern with Klondike and request access to their vaulted chests/barrels to supply their business. Closed mouths don’t get fed.

3. $20,000 for time spent securing and reorganizing the new building - The Plaintiff does not make any connection/reasoning as to why or how securing and reorganizing its building warrants $20,000 in damages. Furthermore, the building’s interior is now “new”. The only modification made, as a result of removing a floor to make it compliant with the 40 block height limit, was moving the items and barrels from that floor to a different part of the building.

III. EVIDENCE

Exhibit A: https://cdn.discordapp.com/attachme...073694/Screenshot_20221117-182231_Discord.jpg
Exhibit B: https://cdn.discordapp.com/attachments/1042992831121342464/1043750225245904896/unknown.png
Exhibit C: https://cdn.discordapp.com/attachments/328288004206755841/1043976495732904047/image.png
Exhibit D: https://cdn.discordapp.com/attachments/1042992831121342464/1043761532284190740/image.png
Town Information Page: Information - Town Information
Klondike Code: Building Regulations - The Klondike Code

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 20th day of November 2022.

EDIT: Fixed some formatting (bolded/color went away in some places)

 

[Dartanboy]

OBJECTION
Breach of Procedure

Defendant's counsel has submitted both an Answer to Complaint  and Motions to Dismiss, presenting many more arguments than typical of court proceedings.

 

[LilDigiVert]

Your honor, may I respond to the above objection?

 

[Banana]

No, the objection is overruled, as it is established procedure that the Defense may both respond to the complaint and introduce a Motion to Dismiss.

 

[Dartanboy]

No, the objection is overruled, as it is established procedure that the Defense may both respond to the complaint and introduce a Motion to Dismiss.

May I have the opportunity to respond to the motions to dismiss?

 

[Banana]

The Plaintiff may respond to the motions to dismiss.

 

[Dartanboy]

IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
REBUTTAL TO MOTION TO DISMISS (first motion to dismiss)

Defendant's Motion:
"The Town of Klondike has overreached and illegally taken hostage an industrial plot owned by Onyx. (There is no law allowing the Town to do this).

Considering the evidence below and arguments made in the above defenses, this claim for relief is inaccurate and should be dismissed on face:

1. The Town of Klondike, in pursuant with the Klondike Code and Town Information guidelines, was acting in its legal capacity to regulate the exterior themes within its Town’s borders.
2. Exhibit A below shows that Onyx’s plot was not “illegally taken hostage”, but rather was modified with the consent of plot owner ElainaThomas29.
3. Exhibit B below highlights an open line of communication between the Plaintiff and Defendant. The Defendant gave the Plaintiff consistent updates on the status of their building and when pushed, delivered an improved, finished product within 48 hours."

1. First of all, this is a defense, not a valid reason to dismiss a case. The Defendant's counsel is essentially arguing that the Town of Klondike acted in a legal capacity, but the entire point of this lawsuit is to litigate the legality of these actions. You cannot just dismiss a case the town "was acting in its legal capacity" (according to the Defendant). Thus, this Motion to Dismiss should be denied.

2. Yes, the original modification was approved by ElainaThomas29, however, Elaina was told she would be "compensated fairly" however she was not.

3. Additionally, while the original modification was approved, it should have been done quickly. The precedent created in the verdict of Crxka v. NotGamerrr [2022] FCR 86 (Lawsuit: Adjourned - Crxka v. NotGamerrr [2022] FCR 86) shows that even with a lack of an explicit timeframe, when one has a duty they must fill out, whether through contract or otherwise, it must be done within a reasonable timeframe. This case does not hinge on whether the building itself is of lesser value (although the Plaintiff is of the belief that it is), because the primary losses are the lost sales due to being unable to make use of the iplot.

4. I could refute the arguments about the legality of Klondike's actions, but such arguments do not belong in a motion to dismiss, so I will wait until Opening Statements to do so.



REBUTTAL TO MOTION TO DISMISS (second motion to dismiss)

Defendant's Motion:
"The Town of Klondike committed Fraud by telling Onyx that they would be compensated, but no compensation was given.

Considering the evidence below and arguments made in the above defenses, this claim for relief is inaccurate and should be dismissed on face:

1. There was no fraud, and Onyx was compensated with a free modification of their exterior by Klondike’s build team. Had the town not offered this to the Plaintiff, they would have been forced to either pay a builder to shorten their building or be evicted by the DCT for failing to comply with the 40 block height limit. Additionally, Exhibits A and B show that there was a constant line of communication regarding modifications to the height and exterior block pallet used for the building. It fundamentally cannot be fraud considering Klondike was entirely transparent with Onyx.
2. Former Mayor Tylxrfied offered “possible compensation” after concerns that the plot value was going to decrease. The plot valuation remains the same on areashop, the town used blocks of equal or higher value when executing the consented modification of the exterior of the building, and the Town granted Onyx ownership of an industrial plot, a privilege that only 11 people will have in Reveille.
3. In sum, Onyx was compensated by Klondike with a free modification of its plot to increase block value and become compliant with DCT regulations. Furthermore, the entire premise of the “possible compensation” was related to the loss of value. Onyx’ plot did not lose value, it actually gained value."

1. Once again, the Defendant is putting a defense instead of reasons to dismiss the case, with the quintessential point of this motion being that, according to the Defense, "There was no fraud." Your honor, I once again point out that this case is about whether or not the Plaintiff is deserving of relief for Fraud and Government Overreach (or just one or the other). A case cannot be dismissed on the grounds that the Defendant does not believe they have committed illegal actions.

2. The Defense provides another defense (instead of reasons to dismiss the case) claiming that the plot valuation is the same and the blocks are equally or higher valued. The Defense then provides a completely irrelevant fact: having an industrial plot is a rare privilege.

3. Once again, the Defense again provides a defense instead of a reason to dismiss, suggesting that the premise of "possible compensation" was related to the loss of value, and that the plot actually gained value. Once again, the Plaintiff wishes to make clear that the primary purpose of this lawsuit is to regain the sales lost as a result of the industrial plot being missing for so long -- the potential decrease in plot value is secondary.



REBUTTAL TO MOTION TO DIMISS (third motion to dismiss)

Defendant's Motion:
"Considering the evidence below and arguments made in the above defenses, this claim for relief is both frivolous and inaccurate and should be dismissed on face:

1. $10,000 for the missing items - There are no missing items. Exhibit C shows that the barrel count is identical between both buildings. Missing drugs/plugin plants is a staff issue and can be recovered by the Staff team.

2. $75,000 in lost sales - The Plaintiff does not make any connection/reasoning as to why or how not having access to their industrial plot led to $75,000 in lost sales in their Complaint. Nor have they properly linked this prayer for relief with a claim of relief. Until given a breakdown and legal justification, this number is entirely made up. Furthermore, the Plaintiff had every opportunity to express this concern with Klondike and request access to their vaulted chests/barrels to supply their business. Closed mouths don’t get fed.

3. $20,000 for time spent securing and reorganizing the new building - The Plaintiff does not make any connection/reasoning as to why or how securing and reorganizing its building warrants $20,000 in damages. Furthermore, the building’s interior is now “new”. The only modification made, as a result of removing a floor to make it compliant with the 40 block height limit, was moving the items and barrels from that floor to a different part of the building."

1. There are missing items, most notably there are missing item frames, chickens (the mobs), and missing signs. I imagine if you were to compare the two builds, you would notice that.

2. The lost sales is a direct result of the amount of time the Town of Klondike illegally held the industrial plot in a build world. It is estimated, as there is no way to know how much some items would have sold had they been available for selling. There is precedent that the court can award this prayer for relief in these circumstances. See the following case for the most prominent example (though there are others):

Lemonade Corp & VerniciaS v. Hoardco [2022] FCR 37 (Lawsuit: Adjourned - Lemonade Corp & VerniciaS Vs. Hoardco [2022] FCR 37) - A direct quote from the Hon. dygyee, rejecting a Motion to Dismiss: "the Plaintiff is right when he says there a certain damages that can't be quantified and they have to do their best job to estimate how much money they think they deserve, and it's up to the court to decide whether or not they think the Plaintiff's estimate is reasonable based on the facts of the case."

3. The Plaintiff had to spend time locking the storage containers (barrels, chests) and reorganizing the building as there is a floor missing (so the old layout could no longer be used). This is time the Plaintiff could have spent doing other things, and the only reason she had to do this was because the Town caused the change, and did not provide the "adequate compensation" that was previously promised.

 

[LilDigiVert]

Your honor, may I respond to that?

 

[Banana]

No, there is no such thing as a rebuttal to a rebuttal. I will consider the motion to dismiss and its rebuttals before making a ruling.

 

[Banana]

I will be rejecting the motion to dismiss, given that it consists of defenses to the Plaintiff's arguments, and not about any reason this case should not be heard in the first place.

The Plaintiff may now present their opening statements.

 

[Dartanboy]

Thank you, your honor.

I am requesting a rather large extension of 96 hours if possible, due to holiday celebrations with my family.

EDIT: For clarity, I am asking for 96 hours from  now, not an  additional 96 hours.

 

[Banana]

The extension is granted.

 

[Dartanboy]

The extension is granted.

Thank you, your honor. I will finish and post our Opening Statement tomorrow (in my time zone).

I would also like to note that many strange (but very awful good and unwanted desirable things that we hate love from our  evil loving dictator Techtator on high) things have been going on that I've not been able to keep track of, so, in the interest of saving my own skin upholding the Techtator's reign, I must say that the coming court filing may be treated as a generic forum post until such time that Redmont returns to normal.

 

[Dartanboy]

IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
OPENING STATEMENT

Good day, your honor, opposing counsel.

I. Introduction
The Plaintiff wants to remind the court what this case is about. While there are many things going on, at the core, this case is making the claim that the Town of Klondike failed to:

1. Fulfill their duties by making the edits and move within a reasonable amount of time and
2. Adequately compensate Onyx Industries

Despite (1) being implied by court precedent [See [2022] FCR 86] and common law, and (2) being explicitly stated by the Town of Klondike (in the form of the mayor at the time).

The losses due to the lost sales is admittedly an estimate, but as stated before, in accordance with the precedent of [2022] FCR 37, this Prayer for Relief is reasonable and able to be granted by the court.

Due to the lack of evidence available regarding the missing items, the Plaintiff wishes to lower the Prayer for Relief regarding the missing items from $10,000 to $5,000, because it makes sense that the court can reasonably believe that all the items in the chests/barrels are present, it is known that copying/pasting buildings does not carry over entities, including chickens and item frames, so, as the burden of proof is a balance of probabilities according to the Judicial Standards Act, it is the Plaintiff’s understanding that the court should reasonably believe that the Town failed to move the item frames and chickens, and the Plaintiff deserves compensation for that.

II. Response to Portions of the Defense’s Answer to Complaint
1. The Defense claimed, “As seen in Exhibit A below, and the Plaintiff’s very own Exhibit E, Onyx granted consent to Klondike to redesign its industrial plot. Not once did the Plaintiff express discontent or an unwillingness to have its plot modified.”

Whilst technically true, the Defense seems to leave out the important detail that this consent was under the belief that there would be adequate compensation. Since it was not specified that the compensation may only apply to certain losses, it must be assumed that it applies to any and all losses related to the change and move of the plot. Here is a zoomed-in screenshot of the Plaintiff’s Exhibit E:

As you can see, the consent clearly revolves around being “compensated fairly,” which did not happen.

2. The Defense affirms that “on October 28, 2022, Onyx was informed that the process would be finished in just two more days” and “on November 6, 2022, Onyx was informed that the process would be finished ‘Monday/Tuesday.’”

This is interesting because the Defense is essentially affirming that the Town of Klondike took much more time than was both expected and reasonable.

3. The Defense said “The defense would contend that Section 1.2 of the Klondike Code and the By-Laws section of the Town Information Page gives the Klondike government the ability to regulate the themes of the buildings it is the landlord of.”

However, the Plaintiff wishes to point out the fundamental flaw in this argument: the Klondike Code holds no legal authority. The Town of Klondike is presumably aware of this, as they attempted to pass a by-law that actually created a legal backing for “Klondike’s Theme,” “Different Klondike Plots,” and “Klondike theme Non-Compliance.” Here is a link to the vetoed bill: Vetoed - Building Regulation Transparency Act

Additionally, there are no by-laws in Klondike giving any authority to the Klondike Code. The Klondike Code also is not given any power by the Constitution of Klondike.

4. The Defense said, “At no point was a plot “taken away” from the Plaintiff, and the idea that the “sole purpose” of modifying the building was for changing the way it looks is factually inaccurate. Exhibits A and B below portray a pattern of open communication and consent throughout the building transition process, and another reason that the building was modified was to comply with the federal government’s 40 block height limit requirement.”

Once again, the Plaintiff wishes to point out that the consent mentioned in this claim is based on fair compensation.

5. The Defense said, “Furthermore, the building is structurally the same. A floor was removed from the top to make it compliant to the 40 block height limit …”

These two statements are mutually exclusive, yet they were said together. A building that had a floor removed is by definition not structurally the same. The Defense then argued that the blocks used on the building are of higher value (I am no economist and cannot speak to whether that argument is true), which they further claimed can be considered a form of compensation. This is an abysmal argument, in the Plaintiff’s opinion, as the blocks used for the exterior of a building are almost exclusively decorative, and do not actually contribute to Onyx’s economic power, and certainly cannot be considered compensation for lost sales.

6. The Defense disputed the following statement:

“The Town of Klondike has no laws allowing for the Executive to take away a privately owned building for the sole purpose of changing how it [looks]. Additionally, even if there was such a law, the sheer amount of time it took warrants compensation. Additionally, the missing items, sales, and parts of the building warrant compensation as well.”

The Defense said:
“The first sentence is answered in the quote directly above, Section 1.2 of the Klondike Code and the Town Information page (derived from Executive Orders) allows the Town of Klondike to regulate building themes.”

The Plaintiff agrees that the Town of Klondike can regulate building themes (and building regulations), however, in accordance with the Town Information page, this must be done through the creation of by-laws, and the Klondike Code is not a by-law nor was it created through a by-law.

The Defense said:
“The second sentence is addressed above and in Exhibit B below. The Plaintiff did not communicate a rush to have their plot back. After Mayor SnoWhiteBeard missed their initial next-day deadline due to IRL and in-game commitments (also addressed in the ticket to be met with no pushback), it took the Plaintiff 8 days to ask for their plot in the ticket. This suggests that there was no rush to get it done faster, and if a reminder was sent earlier the Town could’ve allocated more resources to completing the modifications earlier. Nonetheless, once a reminder was sent to the Government of Klondike, they received a plot with all of their items 2 days later.”

Your honor, this argument suggests that the Town was actually able to complete the modifications earlier, but neglected to, because the Plaintiff didn’t ask for it. I’m sorry, but if I ask you to build something for me, and I am informed it will be done in two days, then it isn’t done in two days, I would certainly feel violated, wouldn’t you? Once again, the Plaintiff points to FCR 86’s precedent, requiring that it be done in “a reasonable amount of time.”

Finally, the Defense said:
“The defense unequivocally rejects the third sentence’s notion that there are missing items and sales caused by the modification of the plot.” and “If the Plaintiff needed items earlier, they could and should have asked the Town to unvault certain chests/barrels for them while the building was in the build world. If this was communicated with the Town at any point, Klondike would have been more than accommodating to help Onyx access its items in storage.”

This argument suggests it is the Plaintiff’s responsibility to get their items from a build world or build plot owned by the Town of Klondike. A lack of communication is no excuse to disobey the law. Additionally, the building in question was and is on an industrial plot, so it is not hard to understand that this building has a direct relationship with Onyx Industries’ ability to conduct business. Thus, the elongated removal of the building directly caused the lost sales.

7. The Defense said:
“There are no missing barrels, see exhibit C below comparing the old and new building. There was no livestock in the building when moved over from Hamilton to the build world. Plugin-based plants/drugs are regularly replaced with vanilla flowers because of plugin glitches. This has nothing to do with Klondike and the Defense would implore the Plaintiff to open a staff ticket to have those replaced free of charge, as that is the appropriate process.”

The Plaintiff is willing to understand that without further evidence, the chickens cannot contribute to the relief. The Plaintiff is also willing to understand that plugin-based plants changing to vanilla flowers may be a staff issue, and apologizes for bringing that particular part of this overarching issue to the court.

III. Summary

The Town of Klondike, with consent from Onyx, took the industrial building in order to change it to be legal and to fit Klondike’s theme, however, this consent was on the condition that Onyx was “fairly compensated.” There was no compensation for the lost sales, estimated at $75,000, and thus the Plaintiff seeks the promised compensation.




I apologize to both the court and opposing counsel for taking up almost the entirety of my extension. I try not to make a habit of asking for extensions nor using up all of my possible allowed time.

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 28th day of November 2022.

 

[Banana]

Thank you. The Defense may now present their opening statements.

 

[LilDigiVert]

Your honor, may I have 48 hours to post my opening statement? (24h after your 8:56pm massage)

 

[Banana]

The standard procedure is 48 hours, so yes, you may.

 

[LilDigiVert]

My apologies, I forgot I have plans tonight - may I have an extra 48 after tonights 8:56 deadline?

 

[Banana]

The extension is granted.

 

[LilDigiVert]

IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
OPENING STATEMENT

Good day to your honor and the opposing counsel. I hope you all are having a good weekend.


INTRODUCTION:

At the end of the day, this is an unfortunate attempt by a respected company to shake down a town struggling to transition to the Reveille map while simultaneously keeping all of its stakeholders happy. The Plaintiff, in their opening statement, makes the argument that this case is about how the Town of Klondike allegedly failed to:

1. Fulfill their duties by making the edits and move within a reasonable amount of time and
2. Adequately compensate Onyx Industries

This is very different from their Opening Complaint, where they write:

1. The Town of Klondike has overreached and illegally taken hostage an industrial plot owned by Onyx. (There is no law allowing the Town to do this).
2. The Town of Klondike committed Fraud by telling Onyx that they would be compensated, but no compensation was given.

The Defense would like to highlight how after it successfully defended and disproved the Plaintiff’s Claims for Relief, the goalposts have moved. The Defense indeed DID NOT” overreach and take hostage” of Onyx’s industrial plot and DID compensate the Plaintiff in the form of a free renovation. Now the argument is that Klondike did not make edits within a reasonable amount of time (it did) or adequately compensate Onyx (it did).

In the following paragraph, the Plaintiff writes a 113 word run-on sentence conceding that “copying/pasting buildings does not carry over entities, including chickens and item frames”. This is a significant concession because it demonstrates that Onyx is not unique in losing entities in the Reveille transfer. Every single person who transferred plots risked losing their item frames and animals. Klondike did not have a choice to move buildings over to the new map, that was staff and federally mandated, and if the court was to believe that this is the fault of Klondike, it would set a precedent where the federal government is liable for the loss of all pets/animals/entities lost due a Staff mandated move.

II. Response to Plaintiff’s Rebuttals

Whilst technically true, the Defense seems to leave out the important detail that this consent was under the belief that there would be adequate compensation. Since it was not specified that the compensation may only apply to certain losses, it must be assumed that it applies to any and all losses related to the change and move of the plot. Here is a zoomed-in screenshot of the Plaintiff’s Exhibit E:

Anybody can zoom in and tell a different story. The Plaintiff seems to leave out the context of the conversation, where the discussion around and request for compensation was in relation to a loss of plot value. Not only has the Defense answered this argument above above, where it proved that plot value has not changed, but rather increased, but it has proven that Klondike has compensated Onyx in the form of a FREE plot adjustment.

In regards to the very small snippet of Exhibit E shared by the Plaintiff in their answers, the Plaintiff’s consent to move the plot ultimately did not matter as the federal government allocated all industrial plots to Klondike, and an exchange of a FREE plot adjustment was made to edit the exterior. That is fair compensation and Klondike upheld its part of the “possibly compensated” agreement.

This is interesting because the Defense is essentially affirming that the Town of Klondike took much more time than was both expected and reasonable.

This is a gross misinterpretation of what the Defense is saying. The Defense acknowledged a slight delay in the process on both occasions. The Plaintiff never expressed that this was unreasonable or harmful prior to filing this lawsuit, but rather understood Mayor SnoWhiteBeard’s reasoning for these minor delays in the Defendant’s exhibit B.

In either world, the timeline we are looking at is October 28th to November 9th. Gut check their argument; A period of 12 days to complete a building exterior is not unreasonable by any metric in the Redmont construction industry. It is also the Plaintiff’s burden to justify how not having overworld access to this building (while they could have asked for items or access to it during this period) led to a $75,000 loss in sales. Without a breakdown or even justifiable explanation, this number is entirely made up.

However, the Plaintiff wishes to point out the fundamental flaw in this argument: the Klondike Code holds no legal authority. The Town of Klondike is presumably aware of this, as they attempted to pass a by-law that actually created a legal backing for “Klondike’s Theme,” “Different Klondike Plots,” and “Klondike theme Non-Compliance.” Here is a link to the vetoed bill: Vetoed - Building Regulation Transparency Act Additionally, there are no by-laws in Klondike giving any authority to the Klondike Code. The Klondike Code also is not given any power by the Constitution of Klondike.

This is irrelevant to the case now that both sides have agreed that the Plaintiff consented to have their building modified. The 40 block limit is a federal regulation that was solved by the Defendant so that the Plaintiff did not get evicted.

These two statements are mutually exclusive, yet they were said together. A building that had a floor removed is by definition not structurally the same. The Defense then argued that the blocks used on the building are of higher value (I am no economist and cannot speak to whether that argument is true), which they further claimed can be considered a form of compensation. This is an abysmal argument, in the Plaintiff’s opinion, as the blocks used for the exterior of a building are almost exclusively decorative, and do not actually contribute to Onyx’s economic power, and certainly cannot be considered compensation for lost sales.

The Plaintiff is trying to misconstrue what I am saying. The building is the exact same shape, it just doesn’t have the one shape that would have gotten the Plaintiff evicted. The Plaintiff then tries to say that the blocks used in a building does not increase the value of said building. Not that this is entirely relevant to the case, but the Defendant would implore the Plaintiff to research the concept of “resale value”. The Defendant is also amused by the irony of the Plaintiff calling the argument “abysmal” given some of the other arguments they have made in this courtroom this case.

The Plaintiff agrees that the Town of Klondike can regulate building themes (and building regulations), however, in accordance with the Town Information page, this must be done through the creation of by-laws, and the Klondike Code is not a by-law nor was it created through a by-law.

This is irrelevant to the case now that both sides have agreed that the Plaintiff consented to have their building modified. The 40 block limit is a federal regulation that was solved by the Defendant so that the Plaintiff did not get evicted.

Your honor, this argument suggests that the Town was actually able to complete the modifications earlier, but neglected to, because the Plaintiff didn’t ask for it. I’m sorry, but if I ask you to build something for me, and I am informed it will be done in two days, then it isn’t done in two days, I would certainly feel violated, wouldn’t you? Once again, the Plaintiff points to FCR 86’s precedent, requiring that it be done in “a reasonable amount of time.”

Your honor, gut check this argument. If someone had IRL commitments that limited their ability to build, you would understand that it may take a little longer. Furthermore, if you were in a serious rush to have it completed, wouldn’t you check in within 8 days? Nobody was “violated” in this instance, the exterior took a total of 12 days to complete; a very reasonable timeline given the context of building in Redmont while also juggling other commitments that were communicated to the Plaintiff without any pushback.

This argument suggests it is the Plaintiff’s responsibility to get their items from a build world or build plot owned by the Town of Klondike. A lack of communication is no excuse to disobey the law. Additionally, the building in question was and is on an industrial plot, so it is not hard to understand that this building has a direct relationship with Onyx Industries’ ability to conduct business. Thus, the elongated removal of the building directly caused the lost sales.

No law was disobeyed. The Plaintiff has yet to pinpoint a specific law before the Courts that Klondike violated. Gut check the rest of this argument too, if there was $75,000 of losses happening, why did the Plaintiff not ask Klondike for a status update for 8 days? Had Onyx asked the Town to access its stock while it was in the Build World, Klondike would have happily granted access. Unfortunately, the Plaintiff opted to sue the town instead of allowing it to find a quicker solution.

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 3rd day of December 2022.

 

[Banana]

Thank you. We will now move onto witness testimony. Both parties have 48 hours to present a list of witnesses, or declare that they have none to call.

 

[Dartanboy]

Good day, your honor. As I am leaving Solid Law Firm, @Jakovus will be taking over as the Plaintiff's representation.

 

[Jakovus]

Your honour,

I will be requesting the Court for an extension of 48 hours for calling of witnesses on the grounds both parties are trying to settle the case in an out-of-court settlement.

 

[LilDigiVert]

Beat me to it.

I can confirm the above your honor.

 

[Banana]

The extension is granted. You have until 48 hours from this time.

 

[Jakovus]

IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
MOTION TO NOLLE PROSEQUI

The Plaintiff and the Defendant managed to resolve their dispute in an out-of-court settlement, and am for that reason, as the Plaintiff, formally requesting the Court to be able to drop all legal charges.

DATED: This 9th day of December, 2022

 

[Banana]

This case is hereby dismissed at the request of the Plaintiff.