Civil Litigation
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Joe Doe, your supervising attorney, has numerous cases piling up, and
a family vacation planned this week. He has been very pleased with your
work at the firm, and thinks you are up to the task of finishing a
Motion to Dismiss on the John Smith case. John Smith was accused of
defamation by Betty Boop. Her Complaint filed against Mr. Smith is
attached here.
Joe Doe has prepared the basics of the motion he would like to file.
The client is upset by the whole case and would like it dismissed–he
claims he didn’t “defame” anyone. Mr. Smith made one comment during a
private phone call to his wife. Mr. Doe has informed you that Texarkana
follows the Federal Rules of Civil Procedure. He has included some
citations to the law, but hasn’t had time to finish the motion. He has
asked you to complete the statement of facts portion of the motion, as
well as ensure the entire motion is free of spelling and grammatical
errors, and is structured appropriately (he has a habit of going from
single spacing to double and such). The firm has a practice of citing to
information from the complaint, throughout a motion to dismiss, by
placing the following after any sentence containing facts from the
Complaint: (Complaint at ¶_). Instead of the underscore, you should
insert the paragraph number corresponding to the fact from the
complaint. Mr. Doe has also requested you double check to be sure all of
his citations have not been overturned, and correct the citations
highlighted–he can’t recall the missing information. He forgot to add a
certificate of service, which he hopes you can quickly add in as well.
You should be able to find a sample of the firm’s preferred structure
for a certificate of service in the Answer you drafted for Abel, last
week. He hopes your edits will result in a motion that is ready for his
signature, so that the motion can be filed by the deadline with no
issues. Here is his initial draft.
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