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+--- Thread: Liberty Civil Court Case K109064 (/showthread.php?tid=51487)
Liberty Civil Court Case K109064 - Ben Leitch - 12-13-2010
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The Right Honourable Ms. Goethe, 4th Circuit Judge Presiding
![[Image: candice-bergen.jpg]](http://makeupbeat.com/blog/wp-content/uploads/2008/05/candice-bergen.jpg)
***
This is a Registered Transmission and counts as Legal Summons to appear in Court.
WRIT OF SUMMONS
Plaintiff:
' Independent Neural Net Division ' Newark Station, New York System, Liberty Space ' Sirius Sector
' Mister Otis Jethro Vice President IND ' Newark Station, New York System, Liberty Space ' Sirius Sector
' Jonathon Winchester III - President Protem - Independent Neuralnet Division ' Newark Station, New York System, Liberty Space ' Sirius Sector
Defendant:
' Colonial Remnant Government ' Tau 44 ' Sirus Sector
On Behalf of the Liberty 4th Circuit Judiciary
To the defendant(s):The Colonial Remnant and all subsidiary organizations
TAKE NOTICE that this action has been commenced against you by the plaintiff(s) Otis Jethro, and the Independent Neural Net Division for the claim(s) set out in this writ.
IF YOU INTEND TO DEFEND this action, or if you have a set off or counterclaim that you wish to have taken into account at the trial, YOU MUST
(a) GIVE NOTICE of your intention by filing a form entitled "Appearance" in the above registry of this court, at the address shown below, within the Time for Appearance provided for below and YOU MUST ALSO DELIVER a copy of the Appearance to the plaintiff's address for delivery, which is set out in this writ, and
(b) if a statement of claim is provided with this writ of summons or is later served on or delivered to you, FILE a Statement of Defence in the above registry of this court within the Time for Defence provided for below and DELIVER a copy of the Statement of Defence to the plaintiff's address for delivery.
YOU OR YOUR SOLICITOR may file the Appearance and the Statement of Defence. You may obtain a form of Appearance at the registry.
JUDGMENT MAY BE TAKEN AGAINST YOU IF
(a) YOU FAIL to file the Appearance within the Time for Appearance provided for below, or
(b) YOU FAIL to file the Statement of Defence within the Time for Defence provided for below.
TIME FOR APPEARANCE
If this writ is served on a person in Liberty, the time for appearance by that person is 24 hours from the service.
If this writ is served on a person outside Libertonian Space, the time for appearance by that person after service, is 48 hours in the case of a person residing anywhere within Sirius.
[or, if the time for appearance has been set by order of the court, within that time.]
TIME FOR DEFENCE
A Statement of Defence must be filed and delivered to the plaintiff within 2 days after the later of
(a) the time that the Statement of Claim is served on you (whether with this writ of summons or otherwise) or is delivered to you in accordance with the Rules of Court, and
(b) the end of the Time for Appearance provided for above.
[or, if the time for defence has been set by order of the court, within that time.]
Court Date: Tuesday the 14th of December 818AS
Location: 4th Circuit Judiciary District ' Manhattan, New York System, Liberty
Statement of Claim: That the CR did willfully and maliciously slander The Vice President Otis Jethro, and Jonathon Winchester III - President Protem - Independent Neuralnet Division as well as the good character of the Independent Neural Net Division as a whole by accusing them of forging a trade negotiation, hacking Neural Net, and faking Colonial Remnant Signatures.
Claim Award: 3 Billion Sirius Credits in damages and legal costs, and a standard restraining order that the CR be barred from Libertonian Space at all times.
Thank you for your Co-operation,
Right Honourable Ms. Goethe, 4th circuit judge Presiding
Liberty Civil Court Case K109064 - CzeReptile - 12-13-2010
![[Image: Richard1.jpg]](http://thesocietypages.org/socimages/files/2007/07/Richard1.jpg)
Dear Ms. Goethe,
My name is Dr. Drakko Eicke, I am Constitutional Keeper of the Colonial Republic and Attorney for all matters, that might arise regarding legal issues.
I will get straight to the point.
The Colonial Republic cannot be taking place in such judicial processes as they are currently laid out to us.
To explain our stance in this situation.
You have provided no legal basis for the entire trial. Without a relevant, long standing procedural law we do not see the possibility to properly prepare for our defense, as we have no idea on how the entire trial will proceed or how the system of appeal works and so forth.
You also did not provided us with any reference to substantial law and therefore in our eyes want to judge us on give-and-go basis, which we find totally unacceptable and if you wish a fair trial to be held, please provide us with necessary written law articles. After that, we will consider filing the Form of Appearance.
regards
/signed
Dr. Drakko Eicke
My name is Dr. Drakko Eicke, I am Constitutional Keeper of the Colonial Republic and Attorney for all matters, that might arise regarding legal issues.
I will get straight to the point.
The Colonial Republic cannot be taking place in such judicial processes as they are currently laid out to us.
To explain our stance in this situation.
You have provided no legal basis for the entire trial. Without a relevant, long standing procedural law we do not see the possibility to properly prepare for our defense, as we have no idea on how the entire trial will proceed or how the system of appeal works and so forth.
You also did not provided us with any reference to substantial law and therefore in our eyes want to judge us on give-and-go basis, which we find totally unacceptable and if you wish a fair trial to be held, please provide us with necessary written law articles. After that, we will consider filing the Form of Appearance.
regards
/signed
Dr. Drakko Eicke
Liberty Civil Court Case K109064 - arvg - 12-13-2010
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***INCOM***
Douglas Riche
IND Attourney and Representative
***********
This is a civil trial Mister Eicke, not a Criminal Trial. It is the IND who are bringing charges against you, not the state of Liberty.
I suggest you hire a Libertonian Lawyer, you have a few more hours.
***END COM***
**************
Liberty Civil Court Case K109064 - CzeReptile - 12-13-2010
' Wrote:*****
***INCOM***
Douglas Riche
IND Attourney and Representative
***********
This is a civil trial Mister Eicke, not a Criminal Trial. It is the IND who are bringing charges against you, not the state of Liberty.
I suggest you hire a Libertonian Lawyer, you have a few more hours.
***END COM***
**************
Dear Mr. Riche,
as you are probably not aware, even civil proceedings do have their procedural and substantial part. If IND wishes to charge us, we much like to see any relevant Law articles that they base such charge on, and also a relevant articles that bind solving of such dispute to Liberty court, especially since we do assume that Liberty court would be bound to use Liberty law, for the matter civil one, with its procedural and substantial parts.
But on the second thought, could you please relevantly label your case then? Wrongful accusation is a matter of criminal law usually, however you claim it is not such case. Can you please make up your mind on this matter before attempting to bring us before a court without a legal basis? Your so called claim do not state we did anything wrong obviously.
I suggest you do not lecture a lawyer with your commercial nonsense.
regards
/signed
Dr. Drakko Eicke
as you are probably not aware, even civil proceedings do have their procedural and substantial part. If IND wishes to charge us, we much like to see any relevant Law articles that they base such charge on, and also a relevant articles that bind solving of such dispute to Liberty court, especially since we do assume that Liberty court would be bound to use Liberty law, for the matter civil one, with its procedural and substantial parts.
But on the second thought, could you please relevantly label your case then? Wrongful accusation is a matter of criminal law usually, however you claim it is not such case. Can you please make up your mind on this matter before attempting to bring us before a court without a legal basis? Your so called claim do not state we did anything wrong obviously.
I suggest you do not lecture a lawyer with your commercial nonsense.
regards
/signed
Dr. Drakko Eicke
Liberty Civil Court Case K109064 - Ben Leitch - 12-13-2010
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The Right Honourable Ms. Goethe, 4th Circuit Judge Presiding
***
It is not the duty of the court to hold the hands of defense counsel, especially one as seemingly well versed as you. Nor is it the duty of opposing counsel.
You have until the deadline to appear in court or face the consequences.
Right Honourable Ms. Goethe, 4th circuit judge Presiding
Liberty Civil Court Case K109064 - CzeReptile - 12-13-2010
Dear Ms. Goethe,
we do not ask for you to hold our hands, nor we ask for guidance. Let me then ask one simple question. What laws do you base this trial on? I am asking how shall we defend ourselves, if you deny us access to relevant procedural and substantial articles of law?
In such way, forming any defense on our side is impossible.
regards
/signed
Dr. Drakko Eicke
Liberty Civil Court Case K109064 - arvg - 12-13-2010
*****
***INCOM***
Douglas Riche
IND Attourney and Representative
***********
Action No.: 0984752-
IN THE 4th Circuit court
JUDICIAL DISTRICT OF Manhattan – New York System - Liberty
BETWEEN:
Otis Jethro, Jonathon Winchester III and Independent NeuralNet Division
Plaintiffs
and
The Colonial Remnant Government
Defendants
STATEMENT OF CLAIM
1. The Plaintiff, the Independent NeuralNet Division (hereinafter referred to as the
“IND”) is a Corporation incorporated pursuant to the Libertonian Registry of Corporations.
2. The Plaintiff, Otis Jethro, is an individual residing in Liberty, carrying on business as a Vice President of IND.
3. The Plaintiff, Jonathon Winchester III is an individual residing in Liberty working as the President Pro-tem of IND.
4. The IND owns and operates a shipping company with contracts throughout Sirius, all of which are registered with duly appointed bodies, and are doubly registered with Neural Net’s contract database.
5. The Defendants, The Colonial Remnant Reside in Tau-44.
6. The Defendant, the Colonial Remnant. carrying on business throughout Sirius, including Libertonian planets and bases.
Conspiracy and Interference with Economic Interests
7. In or about December 818AS the said individual Defendants maliciously conspired to, with the predominant intent and purpose, to damage the reputation of the Plaintiffs to shut down the activities of the IND and to unlawfully interfere with and to harm the personal and business interests of the Plaintiffs in the Sirius Community, in Liberty and elsewhere, through repeated acts of defamation, and disparagement.
8. The defamatory words uttered, printed and published by the defendants as set out
in paragraphs 11 through 20 below were calculated to and did cause economic losses to the Plaintiffs and disparaged Otis Jethro and Jonathon Winchester III in their respective offices at the IND. The Defendants’ unlawful defamatory and disparaging conduct:
(a) caused irreparable harm to each of Otis Jethro and Jonathon Winchester III’s credit, character and reputation as businessmen;
(b) resulted in loss of business profits and opportunities for IND in it’s shipping business; and caused the Bretonian Government to levy a sizable fine against Mister Jethro, impinging not just his honour, but his ability to make profit.
9. Further, and in the alternative the Plaintiffs state that, at all times material to this action,
the Defendants knew or ought to have known that their unlawful defamatory, disparaging and threatening conduct and unlawful interference with economic interests would likely result in the above described injury and losses to the Plaintiffs.
10. Further, the Plaintiffs state that the Defendants’ slanderous and libelous attacks acting in concert, on the Plaintiffs constitute an ongoing pattern of malicious behavior. The Plaintiffs state that the Defendants have used their positions as a stage to disseminate and propagate their libelous, defamatory, disparaging, wrongful, malicious and slanderous statements about the Plaintiffs to as many members of the Sirian Community as they could research.
Defamation
11. The particulars of the Defendants’ slanderous conduct include but are not limited to the following:
(a) On or about December 818AS during a stop, search and interdiction inside Bretonian Territory, Mister Otis Jethro did make reference to a binding contract that was signed by the other Plaintiff, Mister Jonathon Winchester III. A contract that when contacted, the Colonial Remnant denied as being signed by them. Going so far as to accuse the plaintiffs of hacking, forging and faked by the plaintiffs.
These defamatory statements is as follows:
Good day Mr. Jethro,
I am Elizabeth Branwen, General Secretary of State Affairs of the Colonial Republic. I'll be direct: Your attempts of hacking and obtaining a false declaration from one of our representative may have worked with our patrols but they're not working with me. You find yourself and your company in illegality. You have no rights to access Tau-44 system and you have no rights to trade with any colonial installations. There's no doubt that the transmission you presented is faked. Now, that I told you what's going on, I think you should stop making contracts and signing them yourself, Mr. Jethro.
One more thing... an informational note actually: Tau-44 is closed to all traffic and an announcement about this matter will be made in the next days.
12. Further, this denial and slanderous statement was used by the Bretonian government to levy a heavy fine against the plaintiffs. As defined here:
http://discoverygc.com/forums/index.php?sh...86303&st=30
13. The said slanderous and libelous statements were understood by most of the groups involved understood such statements, as the Defendants intended the said statements to be understood in their common meaning, impugning the Plaintiffs as being persons with characteristics of criminality and dishonesty. In consequence, each of the Plaintiffs has suffered irreparable harm to their personal and business reputations and economic interests as well as considerable distress and embarrassment, and the IND has suffered loss to its business and social interests.
14. The Plaintiffs further state that the said libelous and slanderous statements were
premeditated, malicious and vindictive or, alternatively, were published by the Colonial Remnant with recklessness in their disregard for the injury and damages such statements
would reasonably be expected to cause, and did in fact, cause to the Plaintiffs’ economic
interests, reputations and to the esteem to which they were held in the community.
15. Neural Net Records show that the contract was entered into in good faith. However the accusation of hacking and falsification goes on to harm the reputation of Neural Net itself, wholly owned by the Independent Nerualnet Division.
16. The Plaintiffs plead the provisions of the Defamation Legislation, Chapter D-7, Statutes of Manhattan.
17. The Plaintiffs claim exemplary or punitive damages based upon conspiracy, interference with economic relations, nuisance, and the serial defamatory and disparaging conduct of the Defendants and based upon the extreme malice exhibited by the Defendants in engaging in such conduct.
18. The Plaintiffs seek an injunction of this Court enjoining the Defendants from speaking or otherwise publishing their defamatory and wrongful comments relating to the Plaintiffs.
19. The Plaintiffs seek a permanent restraining order of this Court prohibiting the Colonial Remnant from entering Libertonian Space.
30. The Plaintiffs do not anticipate that the trial of this matter will exceed 25 days and
propose that the trial be held at the 4th Circuit Court.
WHEREFORE THE PLAINTIFF CLAIMS AGAINST THE DEFENDANTS, JOINTLY
AND SEVERALLY:
1. General damages for interference with economic relations, conspiracy, libel, slander,
trespass, disparagement, nuisance, and breach of privacy in the amount of $1,000,000,000;
2. Punitive or exemplary damages based upon the extreme ill will and malice exhibited
towards the Plaintiffs in the amount of $2,000,000,000;
3. Permanent injunction enjoining the Defendants and each of them from making any oral
or written derogatory statements referring to Otis Jethro, Jonathon Winchester III or the IND;
6. Restraining Order against the Colonial Remnant from entering Libertonian Space;
7. Costs on an Attorney and own client basis;
8. Such other relief which this Honourable Court considers necessary or just in the
circumstances.
DATED at the Planet of Manhattan, in the System of New York, this day of December, 818; AND DELIVERED BY: Neural Net
***END COM***
**************
Liberty Civil Court Case K109064 - CzeReptile - 12-13-2010
A much interesting text wall.
What you wrote might itself be easily used as a counter action against your company, as you openly attempt defamatory action against our Republic without even slightest attempt to conceal it. But as we know truth is with us, we will merely let your statements go unnoticed.
There are several paragraphs of your reply which we however, cannot left without a proper reply.
Conspiracy and Interference with Economic Interests
7. In or about December 818AS the said individual Defendants maliciously conspired to, with the predominant intent and purpose, to damage the reputation of the Plaintiffs to shut down the activities of the IND and to unlawfully interfere with and to harm the personal and business interests of the Plaintiffs in the Sirius Community, in Liberty and elsewhere, through repeated acts of defamation, and disparagement.
A good try, but so much lies in there. If you wish to state such things, better present some evidence where we openly scheme and prepare to harm your company in a way you described. You are only hurting yourselves. Attempts to blame us for your own personal failures in business worlds are ill considered and doubtfully based on anything, but your own personal feeling.
Colonial Republic has absolutely no need to conspire against a trading company with which they have no relations at all.
9. Further, and in the alternative the Plaintiffs state that, at all times material to this action,
the Defendants knew or ought to have known that their unlawful defamatory, disparaging and threatening conduct and unlawful interference with economic interests would likely result in the above described injury and losses to the Plaintiffs.
I would merely point to the above said by me already. Provide relevant evidence about threats, defamatory and other actions, if you plan to lie about us that much.
I could go on with each of your paragraphs, but as my time is valuable, let me be clear about two more only, as I deem it necessary to only point out two more to prove our point.
15. Neural Net Records show that the contract was entered into in good faith. However the accusation of hacking and falsification goes on to harm the reputation of Neural Net itself, wholly owned by the Independent Nerualnet Division.
16. The Plaintiffs plead the provisions of the Defamation Legislation, Chapter D-7, Statutes of Manhattan.
The only real explanation is either hacking, or your eagerness to expand your trading territories. While you may own Neural net, Colonial Republic maintains it owns communication channels, related to Government work. Your statement suggests that while one of our former Ministers of Commerce might have proposed such a deal, it never came to existence on our own channels, thus voiding our part of the treaty for obvious reasons.
Note to add - Tau-44 system is off limit for long time and attempts to pass without escorting Colonial craft are strictly prohibited. If you have indeed conducted business with us according to the treaty and our own laws, provide evidence please.
I presume you are unaware of our Statutes, as well as you are trying to keep us from being aware about yours. Which gets me to the last point.
I would like a full copy of the Defamation Legislation of Manhattan Statutes.
A note to Ms. Goethe.
Colonial Republic will not enter a trial which is already decided and where one side gets huge advantage from the very start. Impartial is our condition, and we shall pursue and adhere to it always. If representatives of IND continue to openly blame, defame and insult our Republic, we will take a counter legal-action, should we be provided the same option within the House of Liberty.
Therefore we demand :
1. That impartial judge is appointed to this cause, elected and agreed on by both parties of the trial
2. That Colonial Republic is provided full copies of all relevant procedural and substantial laws for this case
3. That IND representatives refrain from making public accusations to the time when the trial is over.
regards
/signed
Dr. Drakko Eicke
Liberty Civil Court Case K109064 - Ben Leitch - 12-13-2010
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The Right Honourable Ms. Goethe, 4th Circuit Judge Presiding
***
I shall address all three of your motions Defense counsel:
1. The judge has been chosen by the state, which is neither party of the trial.
2. Find it yourself.
3. The accusations are part and parcel of the prosecution. You are asking for them not to prosecute you.
All three motions are denied.
I will not have you causing doubt on the impartiality of this court counselor. You will submit your Statement of Defense, and appear before this court for trial.
Right Honourable Ms. Goethe, 4th circuit judge Presiding
Liberty Civil Court Case K109064 - CzeReptile - 12-13-2010
Dear Ms. Goethe,
To adress your rather brief reply.
First of all, Colonial Republic is not your subordinate. We do not answer to you, nor you hold any legal capabilities over us. With that in mind, as I sincerely hope that you respect freedom of others, I ask you a question, how can a state we do not answer to, pick a judge that will eventually decide in a trial that might have impact on us? That is hardly impartial and surely does not reflect standards of inter-national law of Sirius.
Secondly, while being impartial, why you keep denying us access to your own law? Is it not a duty of the court to make sure both sides are on equal ground? Or do you see the impartiality in your actions? Nor to mention how much is this contradictory to my first statement. If IND wishes to sue us, let the judge be from outside House authorities, chosen and agreed by both parties. Judge from Liberty is all but impartial, and since we are not a company, but a sovereign nation, we do not acknowledge your judicial authority and competence in this matter, as it only applies to your respective House, but not outside. Our Republic is not running on your laws, Ms. Goethe. I am sure that skilled judge like you know the inter-national laws, therefore it is pointless to prove my point with more valid arguments.
Thirdly, by allowing the IND to publicly and with such loud voice to lie about us, you are helping them in their criminal activity, that is slander on us. While all our side is getting are restrictions, your total lack of any attempt to cooperate and generally being sided with the IND from the very beginning. You did not come with a fair trial in mind, but with a decision already made and only public lashing of our Republic as outcome.
Your denial of our motions only supports what I stated above. Please keep in mind that us and IND are supposed to be equal parties. Or does this not apply in Liberty, Ms.Goethe?
regards
/signed
Dr. Drakko Eicke
To adress your rather brief reply.
First of all, Colonial Republic is not your subordinate. We do not answer to you, nor you hold any legal capabilities over us. With that in mind, as I sincerely hope that you respect freedom of others, I ask you a question, how can a state we do not answer to, pick a judge that will eventually decide in a trial that might have impact on us? That is hardly impartial and surely does not reflect standards of inter-national law of Sirius.
Secondly, while being impartial, why you keep denying us access to your own law? Is it not a duty of the court to make sure both sides are on equal ground? Or do you see the impartiality in your actions? Nor to mention how much is this contradictory to my first statement. If IND wishes to sue us, let the judge be from outside House authorities, chosen and agreed by both parties. Judge from Liberty is all but impartial, and since we are not a company, but a sovereign nation, we do not acknowledge your judicial authority and competence in this matter, as it only applies to your respective House, but not outside. Our Republic is not running on your laws, Ms. Goethe. I am sure that skilled judge like you know the inter-national laws, therefore it is pointless to prove my point with more valid arguments.
Thirdly, by allowing the IND to publicly and with such loud voice to lie about us, you are helping them in their criminal activity, that is slander on us. While all our side is getting are restrictions, your total lack of any attempt to cooperate and generally being sided with the IND from the very beginning. You did not come with a fair trial in mind, but with a decision already made and only public lashing of our Republic as outcome.
Your denial of our motions only supports what I stated above. Please keep in mind that us and IND are supposed to be equal parties. Or does this not apply in Liberty, Ms.Goethe?
regards
/signed
Dr. Drakko Eicke