Lawsuit: Dismissed _Dark_Helmet_ v. PartyPig678 [2020] FCR 12

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M_Lasai

M_Lasai

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IN THE COURT OF DEMOCRACYCRAFT
CIVIL ACTION


_Dark_Helmet_
Plaintiff

v.

PartyPig678
Defendant

COMPLAINT
The Plaintiff complains against the Defendant as follows:

WRITTEN STATEMENT FROM THE PLAINTIFF
If it pleases the court, I have no additional summary to add. Please refer to sections II and III below.

I. PARTIES
1. _Dark_Helmet_, a citizen of DemocracyCraft.
2. PartyPig678, a citizen of DemocracyCraft.

II. FACTS
1. PartyPig678 has for several days pushed a product, called PigCoin that claims to be a cryptocurrency.
2. PartyPig678 has sold their product to several players with no contract, guarantee, or any other trapping of legitimacy.
2. In the past 24 hours, the value of PigCoin has fluctuated between $1 and $5.40 for no apparent reason.
3. Despite being asked repeatedly, PartyPig678 has failed to adequately explain how PigCoin is backed or holds this value.

III. CLAIMS FOR RELIEF
1. Fraud is defined by DemocracyCraft as "A dishonest or illegal scheme of obtaining something of value. "
2. As noted above, PartyPig678 has been intentionally opaque and dishonest about the operation of the alleged cryptocurrency, and has continued to take players money.
3. Because of the complete lack of backing for PigCoin and PartyPig678's business practices, PigCoin amounts to nothing more than taking the player's money and pretending to be a good investment. Therefore, PartyPig678 is guilty of committing fraud against their "investors."

IV. PRAYER FOR RELIEF
The Plaintiff seeks the following from the Defendant:
1. A permanent injunction preventing the marketing and sale of PigCoin.


DATED: Tuesday, the 18th of August 2020
 
Last edited by a moderator:
If it pleases the court, I would like to request an emergency injunction to prevent PartyPig678 from marketing and selling PigCoin during the proceedings of this trial.
 
_Dark_Helmet_ said:
If it pleases the court, I would like to request an emergency injunction to prevent PartyPig678 from marketing and selling PigCoin during the proceedings of this trial.
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As stated in the protocols, you should attach evidence and a list of witnesses at the bottom of your filing if possible. You have shown no initial evidence attached regarding the dishonest practice of Partypig678's "PigCoin". Furthermore, as the goal of an emergency injunction is to prevent harm and is used in urgent situations, you have not justified a proper reasoning for an emergency injunction. Therefore, the request for an emergency injunction is denied.
 
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IN THE COURT OF DEMOCRACYCRAFT
WRIT OF SUMMONS​

Case No. 08-2020-18

The court hereby summons the defendant, partypig678, to the court. If they do not respond within 24 hours, a default judgement will be made in favor of the plaintiff.
 
I, budgetmich, will be representing the defendant in this matter. Attached please find a signed retainer agreement displaying this. Defendant's response is forthcoming.
 

Attachments

Your honor, may I ask the court for clarification of the jurisdiction involved in this case?
 
_Dark_Helmet_ said:
Your honor, may I ask the court for clarification of the jurisdiction involved in this case?
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This is considered a civil case, so if you can prove that there were damages incurred as a result of the defendant's actions, I see no reason as to why it cannot be handled by the courts.
 
The Plaintiff may now present their opening statement, and their response to the counterclaim of the Defense.
 
Your honor, comes now Defendant, Partypig678, by and through their counsel, budgetmich, to move for leave to amend the answer to the complaint.
Defendant could not possibly have known of the ex parte discussion which led to the ruling on jurisdiction, and wherefore, filed an answer based on incomplete awareness of the facts surrounding this case. Defendant seeks to rectify this situation which arose from asymmetrical information with an amended answer that reflects this new knowledge.
 
budgetmich said:
Your honor, comes now Defendant, Partypig678, by and through their counsel, budgetmich, to move for leave to amend the answer to the complaint.
Defendant could not possibly have known of the ex parte discussion which led to the ruling on jurisdiction, and wherefore, filed an answer based on incomplete awareness of the facts surrounding this case. Defendant seeks to rectify this situation which arose from asymmetrical information with an amended answer that reflects this new knowledge.
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Given the circumstances I will allow it, please post your amended answer to the complaint.
 
IN THE COURT OF DEMOCRACYCRAFT
MOTION TO DISMISS

_Dark_Helmet_
Plaintiff

v.

PartyPig678
Defendant

Case no: 08-2020-18

MOTION TO DISMISS
Plaintiff move that the complaint in this case be dismissed, and in support thereof, respectfuly alledges:
1. The court has ruled that the issue of fraud is under the jurisdiction of the civil courts. Therefore, the Defendant may not claim a frivolous case.
2. Because this matter has been deemed to be under the jurisdiction of the court, I move to dismiss the Defendant's counter claim.

DATED: Thursday, 19 August 2020
 
Your Honor, after careful consideration and discussion with individuals involved with PigCoin, I have determined that this case should not be pursued. I would like to further move that my claim against the Defendant be dismissed.

If it pleases the Court, I would additionally like to request the honorable justice's opinion on cryptocurrencies to provide precedent for future disputes that may arise.
 
_Dark_Helmet_ said:
IN THE COURT OF DEMOCRACYCRAFT
MOTION TO DISMISS

_Dark_Helmet_
Plaintiff

v.

PartyPig678
Defendant

Case no: 08-2020-18

MOTION TO DISMISS
Plaintiff move that the complaint in this case be dismissed, and in support thereof, respectfuly alledges:
1. The court has ruled that the issue of fraud is under the jurisdiction of the civil courts. Therefore, the Defendant may not claim a frivolous case.
2. Because this matter has been deemed to be under the jurisdiction of the court, I move to dismiss the Defendant's counter claim.

DATED: Thursday, 19 August 2020
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The Defense has been given the chance to amend their answer to the complaint, thus I will not consider this motion until the amended complaint has been posted.
 
_Dark_Helmet_ said:
Your Honor, after careful consideration and discussion with individuals involved with PigCoin, I have determined that this case should not be pursued. I would like to further move that my claim against the Defendant be dismissed.

If it pleases the Court, I would additionally like to request the honorable justice's opinion on cryptocurrencies to provide precedent for future disputes that may arise.
Click to expand...
The case against the Defendant has been dismissed at the request of the Plaintiff. As for the counterclaim, I await a response from partypig678's counsel.

The Court does not have an opinion on "cryptocurrencies" given the lack of explanation regarding them, as well as the fact that you have dismissed your case.
 
Your honor, the defense will drop its countersuit and appreciates the Plaintiff’s dropping the initial complaint.
Defense would like to state for the record that we object to the determination as to jurisdiction. This court cannot grant itself jurisdiction beyond what is in the Constitution sua sponte. We also contend that the President also lacks the authority to approve this court to hear cases that fall outside of its constitutional jurisdiction.
 
budgetmich said:
Your honor, the defense will drop its countersuit and appreciates the Plaintiff’s dropping the initial complaint.
Defense would like to state for the record that we object to the determination as to jurisdiction. This court cannot grant itself jurisdiction beyond what is in the Constitution sua sponte. We also contend that the President also lacks the authority to approve this court to hear cases that fall outside of its constitutional jurisdiction.
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The Plaintiff alleged a civil case in which they are able to use the courts. Although you unfortunately made your answer to the complaint prior, I had informed you regarding the jurisdiction in this instance. The court was given the authority to continue with such case by those who enforce the rules.

My apologies that this was not communicated further with you sooner, however you were given the chance to amend your complaint.
 
This case has been dismissed at the request of the Plaintiff in their claim, and the Defendant in their counterclaim.
 
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