Lawsuit: Adjourned zLost v. The Commonwealth of Redmont [2024] SCR 7

[zLost]

IN THE SUPREME COURT OF THE COMMONWEALTH OF REDMONT
CIVIL ACTION

zLost
Plaintiff

v.

xlayzur
Defendant

COMPLAINT
The Plaintiff complains against the Defendant as follows:

xlayzur violated the Executive Standards Act by appointing Acting Secretaries without approval from the Senate. This is required as precedent from Dusty_3 v. The Commonwealth [2023] SCR 8 (link) states:

The RASA did amend the Executive Standards Act, an amendment to the Constitution, and therefore sought to amend the Constitution itself. By the LDV Cool Amending Constitutional Amendments Act, any act that attempts to amend the Constitution either directly or via another amendment must include the phrase “A Bill to Amend the Constitution '' in its opening. The RASA’s opening simply states that it is “A Bill to Amend the Executive Standards Act ''. There is no mention of the Constitution. Therefore, by the previous and duly passed LDV Cool Amending Constitutional Amendments Act, it is the opinion of the Court that the Reasonable Acting Secretaries Act does not meet the established standards for amending the Constitution.

So given that the RASA is null by virtue of its unconstitutionality, the Court is brought to the question of xEndeavour’s appointment. By the Executive Standards Act prior to its modification by the RASA, “Any person which holds roles functionally equivalent to a department Secretary must be approved by the Congress. This includes “Acting” Secretaries.” In this case, xEndeavour is the individual holding the acting secretary role, and the Executive Standards specifies that they must be approved by Congress. Therefore, it is the opinion of the Court that the appointment of xEndeavour to the position of Acting Secretary of the Department of Construction and Transportation without congressional approval was unconstitutional. However, regardless of the unconstitutionality of the appointment, the Court is not able to grant the first item in the Prayer for Relief, as the issue is moot.

The Plaintiff suffers harm from this as they are a department employee in the DPA, and as such affected when the Secretary is changed to a new player with almost no idea on how the department or the server works.

I. PARTIES
1. zLost
2. The Commonwealth

II. FACTS
1. xlayzur appointed Crobi268 to the position of Acting Secretary of the Department of State on 1/12/2024, yet there has been no nomination to the Senate. (Exhibit A)
2. xlayzur appointed steveshat, x_Destroier31_x, WaffleSlime4258 and xlayzur as the Acting Secretaries of the DOC, DOH, DPA and DOI respectively on 1/23/2024, and they were appointed to this role before approval from the Senate. (Exhibit B)

III. CLAIMS FOR RELIEF
1. SCR 8 [2023] deems the Reasonable Acting Secretaries Act (link) as unconstitutional, as it did not state it amends the constitution in its opening.
2. The Executive Standards Act, before the RASA was proposed and passed, stated:
(1) Any person which holds roles functionally equivalent to a department Secretary must be approved by the Congress. This includes “Acting” Secretaries.
3. Thus, xlayzur had to seek senate approval before appointing any Acting Secretaries.
4. This never happened, and xlayzur appointed them without senate approval.

IV. PRAYER FOR RELIEF
The Plaintiff seeks the following from the Defendant:
1. xlayzur is removed from the position of President.
2. All current Acting Secretaries are removed from their positions.
3. The RASA is striked.
4. $100,000 in punitive damages

Spoiler: EXHIBIT A

Spoiler: EXHIBIT B

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 23rd day of January 2024

 

[zLost]

EMERGENCY INJUNCTION
To prevent any further irreparable harm such as the firing of Department Employees, a Representative losing their seat, rigging of elections, delay in department projects, etc., we ask that:

1. All of xlayzurs powers as President are put on hold during the remainder of this case.
2. Secretaries before they were replaced by the Acting Secretaries mentioned are reinstated during the remainder of this case.
3. Any decisions made by the appointed Acting Secretaries mentioned are reversed.
4. If the first term isn't accepted, we ask that xlayzur is unable to remove the Secretaries that get reinstated from this emergency injunction if it passes during the remainder of this case.

 

[Krix]

AMICUS BRIEF
I request that the Court allow me to file an amicus brief.

 

[Mask3D_WOLF]

AMICUS BRIEF
I request that the Court allow me to file an amicus brief.

 

[Mask3D_WOLF]

AMICUS BRIEF
I request that the Court allow me to file an amicus brief.

My apologies, your honors, a family emergency just came up and I do not believe I will be able to file anything any time soon. I would like to retract this.

 

[zLost]

Your Honor, I request this case is taken as soon as possible. Layzurs term will soon end, and there will be no point to the case after that.

 

[Matthew100x]

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

The Attorney General is required to appear before the court in the case of the zLost v. The Commonwealth of Redmont [2024] SCR 7. Failure to appear within 72 hours of this summons will result in a default judgment in favour of the plaintiff.

I'd also like to remind both parties to be aware of the Court Rules and Procedures, including the option of an in-game trial should both parties request one.​

 

[Matthew100x]

VERDICT ON EMERGENCY INJUNCTION
In a 3-0 Decision the Supreme Court has denied all proposed emergency injunctions.

The Supreme Court has decided to grant an alternative version of the Emergency Injunction. It is hereby declared that any Secretary that goes over their 14 days temporary assignment without Senate confirmation must be immediately released from their position. Secretaries must have senate confirmation to continue their role as a Secretary.

 

[zLost]

IN THE SUPREME COURT OF THE COMMONWEALTH OF REDMONT
MOTION FOR SUMMARY JUDGEMENT

The Plaintiff would like to move for summary judgement following an answer to complaint from the Defendant and an amicus brief from Krix if accepted.

 

[zLost]

Your Honor, it has been 72 hours. We ask for summary judgement

 

[zLost]

Your Honor, I apologize for this but I wish to amend my prayer for relief 2 from:
2. All current Acting Secretaries are removed from their positions.

To:
2. All current Acting Secretaries without senate confirmation are removed from their positions.

 

[zLost]

Your Honor, has summary judgement started? There is only 2-3 days left before the President is removed.

 

[Dartanboy]

I'm going to step in and say yes, we are working on Summary Judgement.

 

[zLost]

respectfully your honor, are you guys alive?

 

[Dartanboy]

Verdict

IN THE SUPREME COURT OF THE COMMONWEALTH OF REDMONT
VERDICT
zLost v. The Commonwealth of Redmont [2024] SCR 7

I. PLAINTIFF'S POSITION
1. xlayzur appointed Crobi268 to the position of Acting Secretary of the Department of State on 1/12/2024, yet there has been no nomination to the Senate.
2. This was illegal, as the Reasonable Acting Secretaries Act was found unconstitutional due to not containing the verbiage A Bill to Amend the Constitution"

II. DEFENDANT'S POSITION
1. The Defendant failed to appear.

III. THE COURT OPINION
Justice Dartanman wrote the Opinion of the Court. Justice Matthew100x and Chief Justice Drew_Hall signed onto the opinion.

The Plaintiff claims that SCR 8 [2023] deems the Reasonable Acting Secretaries Act as unconstitutional, as it did not state it amends the constitution in its opening. According to the Plaintiff, because this Act was unconstitutional, the former requirements had to be met, particularly: “(1) Any person which holds roles functionally equivalent to a department Secretary must be approved by the Congress. This includes ‘Acting’ Secretaries.” Thus, according to the Plaintiff, former President xLayzur had to seek senate approval before appointing any Acting Secretaries – but he did not do this.

The Commonwealth offered no response to the suit.

Ultimately, the Plaintiff is incorrect. The Reasonable Acting Secretaries Clarification Act (Act of Congress - Reasonable Acting Secretaries Clarification Act) added the necessary verbiage to the Reasonable Acting Secretaries Act.

I hereby vote to rule in favor of the Defendant.

IV. VERDICT
The Supreme Court hereby rules in favor of the Defendant and grants no prayer for relief.

The court thanks all involved.