Lawsuit: Dismissed Matthew100x v. Department of Construction and Transport [2021] FCR 102

[drew_hall]

IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
CIVIL ACTION

Matthew100x
Plaintiff

v.

Department of Construction and Transport (DCT)
Defendant

COMPLAINT
The Plaintiff complains against the Defendant as follows:

My client believes he has been a victim of two illegal evictions by not receiving notice 24 hours prior to the eviction in addition to meeting inactivity requirements as stated by the Inactivity Act. Despite being an active member of the DC community, my client was given notice only in-game. Given that my client is a Justice serving on the Supreme Court, he is expected to be active on the forums and discord more than others who are on the server. To serve a notice of eviction to him in-game, knowing of the short playtime over the past 30 days while simultaneously knowing of his activity on Discord and the forums, is negligent on the part of the DCT to give a proper 24 hours notice prior to eviction. As a result of the evictions, my client has been made homeless and is seeking compensation + the return of his residential property from the DCT.

Additionally my client was receiving income from his commercial plot by leasing the entire plot out to a tenant for several months. He began renting it out in May and was receiving $500 dollars a month in income from the property. My client had received $2,000 dollars so far and was expecting another $500 when the DCT evicted him. The plot was in good standing and the only reason the plot was evicted was due to my client’s illegal eviction. However because my client was illegally evicted, that means that the tenant was also illegally evicted with no warning whatsoever. My client does not know who was renting from him at the time since it had been done in such a way that the tenant’s eviction was not recorded. My client alleges damages were levied against him by the DCT due to this and wishes for a Judge to review over and rectify this matter.

WRITTEN STATEMENT FROM THE PLAINTIFF

I. PARTIES

1. Matthew100x (Plaintiff)
2. DCT (Defendant)
3. Drew_Hall (Plaintiff’s Legal counsel)
4. ComradeLuigi (Person who bought r-082)

II. FACTS

1. My client was evicted from both his residential and commercial plot, r-082 and c-144 respectively as shown in Evidence 1
2. Reason given for the eviction by the defendant was due to my client’s perceived inactivity
3. The required timeframe of an eviction notice was only given in-game.
4. The Defendant was well aware my client had little in-game time over the past 30 days
5. My client, despite little in-game time, has been active on both the forums and discord over the past 30 days.
6. My client is a Supreme Court Justice, making much of his activity to revolve around the forums and discord in order to carry out the functions of his position.
7. My client had nearly three and a half hours of ingame playtime as seen in Evidence 9 when he was evicted as shown in Evidence 8. During the month preceding October 2nd, my client was working on Milkcrack v. The Commonwealth of Redmont [Case No. 09-2021-04], dismissed Chrisorg1 (Aladeen21 representing) v. GoldBlooded, denied Supreme Court appeal Case No. 07-2021-22, granted expungement request Aladeen21 [Request No. 09-21-09], dismissed Ultrapvpnoob v. The Commonwealth of Redmont [Case No. 09-2021-01], and worked on a default judgment for blockyelise (WhyDoesThisWork Representing) v. Reach555 [Case No. 08-2021-31]. While my client is hard pressed to give an exact time amount, he is fairly certain all of this combined work exceeds the half an hour of playtime needed to keep his plots.
8. The DCT have admitted to partaking in eviction practices that evicts without knowledge of the status of rentals on the plot as shown in Evidence 2 & 3. Additionally, it is standing DCT policy to evict tenants with the owner shown in Evidence 4. To evict and vault without regard for the tenant, the DCT is potentially violating tenants' right to their property by not giving an informed notice to all parties.
9. The holding of Intercepticon (Prodigium & Partners Representing) v. DCT(Case No. 02-2021-01-02) states “I find in favour of the plaintiff on the issue of having a lack of reasonable notice from the point of the report being filed to the eviction being actioned.
10. The Constitution’s 13th right states “Every citizen is equal before and under the law and has the right to equal protection and equal benefit of the law without unfair discrimination and, in particular, without unfair discrimination based on political belief or social status.”
11. The Constitution’s 14th right states: “Every citizen has the right to life, liberty, and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.”
12. The Constitution’s 15th right states: “Every citizen has the right to be secure against unreasonable search or seizure.”
13. As a result of the DCT evictions, my client was made homeless.
14. As a result of the DCT evictions, my client lost income because the plot C-144 was actively being rented out.
15. C-144 was in good standing because it had not been evicted despite other commercial plots that my client owned having been evicted by the DCT for improper structure reasons.
16. As seen in evidence 10, the Activity Act does not specify whether or not playtime must be ingame or not. It states only playtime.

III. CLAIMS FOR RELIEF

1. My client’s 13th right, granted to him under the constitution, was violated by unfair discrimination because of his position as a Supreme Court Justice. This position places my client primarily on both the forums and discord to complete his duties, and not taking into consideration my client’s time given to those outlets is to negate my client’s actual time dedicated to this server and his previously mentioned position on the Supreme Court. My client clearly is within the 4 hour activity requirements given his case load seen in Fact #7 and seen within his eviction report for c-144 Evidence 9. Furthermore, the Activity Act does not specify whether the playtime must be ingame or not, only that 4 hours of playtime must be met. With the three and a half hours of playtime + all the court work my client has done, it is clear that they meet all requirements by the activity act and were therefore illegally evicted.
2. The DCT is in violation of the holding of case Intercepticon (Prodigium & Partners Representing) v. DCT(Case No. 02-2021-01-02). Considering the DCT was aware of my client’s lack of in-server playtime the DCT should have provided a notice on the platforms he has obviously been active on. Given my client’s high status and strenuous workload free for everyone to view, the DCT should have been well aware of my client’s activity on other platforms and to not reach out on those to send a notice is, as to quote the case mentioned above, “distasteful” on the part of the DCT, or willful negligence. While the DCT works mainly online, they violate the tenets of the verdict given by the court by relaying the notice where my client would not see it in time.
3. The DCT actively participates in questionable eviction practices and this is proven in Evidence 2, 3, and 4 , and my client believes that his tenant may have fallen victim. In the evidence provided, we can see clearly the DCT is not always aware of rental status on any given plot, and will report for eviction despite lack of said knowledge. To not know of the current status of plots while simultaneously reporting them to staff is unquestionably negligent, and potentially illegal, on the part of the DCT. This is because when staff evicts the plot, they kick everyone out including tenants. This violates the tenants 13th, 14th, and 15th right. This is because the tenants are not given equality of law due to their social status of being a tenant. They are given no notice of being evicted unlike landlords which is against the holding of Intercepticon (Prodigium & Partners Representing) v. DCT(Case No. 02-2021-01-02). This in effect causes the tenant to have unreasonable seizure of their property which is a 15th right violation which causes them to be deprived of their security which is a 14th amendment violation. Furthermore, to evict players and vault items on the plot without prior notice is, as established in the case mentioned above, against the procedures the DCT should be practicing by law.
4. My client’s 15th amendment right was violated by way of an unlawful seizure of his properties by the Defendant failing to give a proper notice under the law.
5. My client’s 14th amendment right was violated as well. This amendment states that citizens have the right to not be deprived of their security, in which this case my client’s right was ignored. My client was deprived of their security of a home by falling victim to an unlawful seizure of his residential property. Had a proper notice been given to my client, he could have fixed the situation. My client, an Associate Justice of the Supreme Court, was made homeless by the DCT’s negligence and carelessness in their evictions.
6. My client suffered a loss of income due to c-144 actively being rented out for $500 a month which is shown in Evidence 6 in addition to losing equity stemming from the property value.

IV. PRAYER FOR RELIEF
The Plaintiff seeks the following from the Defendant:

1. My client be given back r-082 and $4,000 dollars for pain and suffering caused by the DCT’s callousness evicting an active player.
2. My Client be given $35,000 dollars in compensation for the loss of c-144 due to loss income as my client rented out the plot and for the lost property value due to an illegal eviction.
3. That the DCT extends the holding of Intercepticon (Prodigium & Partners Representing) v. DCT(Case No. 02-2021-01-02) to include tenants or to prevent full vaulting of plots with tenants on it to protect tenant rights. Should the second option be chosen, The DCT should have the plot resold with the existing structure standing to a new landlord who will work with the existing tenants to allow for more proper evictions under the law if the new landlord wishes to evict previous tenants.
4. That ComradeLuigi be given $3,000 dollars in compensation for buying a plot that was illegally evicted.
5. That the courts extend the time of notice from 24 hours to 48 hours.
6. That the DCT must send a message via discord or using @(username) on the forums when creating eviction reports to notify the player that they have been reported.
7. That the verdict allows for the Inactivity Act to be flexible to include Discord or Forum playtime in addition to ingame playtime if it can be proven that the player is contributing to the server or the government with their offline activities.

https://imgur.com/a/GV8GXmE

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: October 17th, 2021

 

[bubbarc]

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

The defendant is required to appear before the court in the case of Matthew100x (Drew_Hall representing) v. the Department of Construction and Transportation. Failure to appear within 72 hours of this summons will result in a default judgment.

I'd also like to remind both parties to be aware of the Court Rules and Procedures.​

 

[SumoMC]

Your Honor,

I truly apologize but I am requesting a 24 hour extension.

 

[bubbarc]

The court wishes to know the nature of the request prior to granting an extension

 

[SumoMC]

An IRL issue has come up

 

[bubbarc]

Very well, I hereby grant a 24 hours extension to the defendant.

 

[SumoMC]

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

Matthew100x
Plaintiff

v.

Department of Construction and Transportation (DCT)w
Defendant

MOTION TO DISMISS
Defendant move that the complaint in this case be dismissed, and in support thereof, respectfully alleges:
1. Matthew100x Did not meet playtime requirements specified in the Inactivity Act which requires 4 hours of playtime Matthew100x had 3 hours.

2. The DCT policy on informing a citizen of a building reports only states mail shall be sent in game and not in any other platforms which Matthew100x should be excused from that law because he is a justice.

3. Forums and discord do not count as In game playtime“ My client is a Supreme Court Justice, making much of his activity to revolve around the forums and discord in order to carry out the functions of his position.” then he shouldn’t own a plot in game

4. Evidence two is lacking in detail. Matthew100x is the owner of the plot and maintains the sub regions connected to the plot and their private renters playtime does not cover Matthew100x playtime.

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.

(The words defendant and complaint should be changed in case the motion is to dismiss a counterclaim.)

DATED: This 21st day of October 2021

 

[bubbarc]

does the plaintiff have any rebuttal?

 

[drew_hall]

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

Matthew100x
Plaintiff

v.

Department of Construction and Transportation (DCT)
Defendant

MOTION TO DISMISS THE DISMISSAL
The Plaintiff moves that the motion to dismiss in this case be dismissed, and in support thereof, respectfully alleges:

1. The defendant offers no actual reason as to why my client does not meet the playtime requirements of the activity act.

2. That DCT policy on informing a citizen of a building report was established as case law stemming from Intercepticon (Prodigium & Partners Representing) v. DCT(Case No. 02-2021-01-02) and can be amended by another judge's verdict to either extend the holding or curtail the holding of the case. Additionally, there's no counterargument to constitutional claims that my client is being discriminated against by not trying to reach him via the forums by simply @ing him on his eviction report.

3. It is disturbing in this point that the Solicitor General is arguing for discrimination of activity on the grounds that forums work does not equal playtime. Going as far as to say that if my client's activity is primarily on the forums or discord then he should not be allowed to own a plot in-game. That is an absurd argument to be made to dismiss a case and is an argument FOR discrimination against people who work on the forums and discord.

4. This is a fallacious argument because it fails to understand the nature of the argument made for the tenant of this case. We're not here to argue that my client's tenant's playtime does cover Matthew100x as the Government has alleged. Instead, We're here today on the behalf of my client to argue that his tenant's rights have been violated in enforcing a no notice eviction against them.

We are asking that because the dismissal goes so far against established law, respectable norms, and general fairness, that this Court please count this against the extension given and require that the plaintiff have their response to this suit posted by the end of the 96 hours granted to them. We additionally would like to ask the Court to remind all sides of the perjury act to prevent any purposely misleading or false statements in this Court.

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.

(The words defendant and complaint should be changed in case the motion is to dismiss a counterclaim.)

DATED: This 21st day of October 2021

 

[SumoMC]

Your Honor,

His case is flawed.

1.) He dosnt met the 4 hour requirement over the 30 day time period. If he knew he could not achieve this, he should of contacted the DCT via a ticket to make this known and potentially work it out.

2.) You did not have the required amount of in game play time, that’s reason enough.

3.) In that point, you knew that you wouldn’t be able to play the required amount of time, knowing this you still decided to own a plot. This is your own fault, nobody else’s.

4. Your rights and the rights of your former tenant are not violated here, you did not meet the requirements for owning the land, therefore you were warned about this in game (DEPARTMENT POLICY). Once you were warned the DCT did it’s job by evicting you and all of your subregions. It is your responsibility as a landlord to keep the required amount of play time so your clients are not at risk, if anything you should be required to pay your tenant because you failed to keep the property out of jeopardy by not checking your mail and by not having enough play time.

Your honor this case is outrageous and needs to be dismissed as the plaintiff is mad and now wants to make the government pay for his mistakes.

 

[drew_hall]

Your honor, this response was not requested. We request for you to strike it from the record and to remind the defendant of contempt of court.

 

[bubbarc]

Your Honor,

His case is flawed.

1.) He dosnt met the 4 hour requirement over the 30 day time period. If he knew he could not achieve this, he should of contacted the DCT via a ticket to make this known and potentially work it out.

2.) You did not have the required amount of in game play time, that’s reason enough.

3.) In that point, you knew that you wouldn’t be able to play the required amount of time, knowing this you still decided to own a plot. This is your own fault, nobody else’s.

4. Your rights and the rights of your former tenant are not violated here, you did not meet the requirements for owning the land, therefore you were warned about this in game (DEPARTMENT POLICY). Once you were warned the DCT did it’s job by evicting you and all of your subregions. It is your responsibility as a landlord to keep the required amount of play time so your clients are not at risk, if anything you should be required to pay your tenant because you failed to keep the property out of jeopardy by not checking your mail and by not having enough play time.

Your honor this case is outrageous and needs to be dismissed as the plaintiff is mad and now wants to make the government pay for his mistakes.

You had your chance to make your case in the initial warning, this message will be stricken off the record, next time you will be charged with contempt

 

[drew_hall]

IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
MOTION FOR DEFAULT JUDGMENT

Matthew100x
Plaintiff

v.

Department of Construction and Transportation (DCT)
Defendant

MOTION FOR DEFAULT JUDGMENT
The Plaintiff moves that the case should go to default judgment, and in support thereof, respectfully alleges:

1. The Defendant has failed to to file an argument in the time allotted to them.
2. The Defendant has been given ample time to come up with an argument, a total of 120 hours, to respond.
3. The Defendant has exceeded their extension by 24 hours.

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.

 

[bubbarc]

IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
MOTION FOR DEFAULT JUDGMENT

Matthew100x
Plaintiff

v.

Department of Construction and Transportation (DCT)
Defendant

MOTION FOR DEFAULT JUDGMENT
The Plaintiff moves that the case should go to default judgment, and in support thereof, respectfully alleges:

1. The Defendant has failed to to file an argument in the time allotted to them.
2. The Defendant has been given ample time to come up with an argument, a total of 120 hours, to respond.
3. The Defendant has exceeded their extension by 24 hours.

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.

The defendant filed a motion to dismiss instead of an opening statement, I would like to apologize for the delay on my judgement to the motion to dismiss, I will file that later tonight, however I am denying this motion and asserting that this is not a valid motion

 

[bubbarc]

Verdict

I hereby dismiss this case without prejudice on the following grounds:

◘ The notion that the Department of Construction and Transportation, (referred henceforth as the Department for the rest of the verdict,) should track time spent on the forums and discord simply isn't realistic, as there is no staff provided tool for tracking time spent on the forums, and it is impossible to track time spent on the discord, instead all staff provided tools are to track play time spent in game.

◘ While the Court acknowledges the plaintiff as well as the renter ComradeLugi's loses, the Department cannot be held responsible for a rental region on top of a plot, as if the landlord loses their plot, the plot is simply cleared of everything due to the nature of an eviction, all items that were in the plot however should have been put into the renter's plot for them to retrieve

◘ While the court further acknowledges the precedent of Intercepticon (Prodigium & Partners Representing) v. DCT(Case No. 02-2021-01-02, the verdict is clear that the intention is to provide any form of warning, should the owner not be in game that is of no fault of the Department

I would like to thank both parties for their time