Drafting A Complaint Using Facts provided Below Use the facts to draft a Complaint containing allegations...

 

Transcribed Image Text:

Drafting A Complaint Using Facts provided Below Use the facts to draft a Complaint containing allegations necessary to survive challenges asserting lack of subject matter jurisdiction, wrong venue, lack of personal jurisdiction, failure to state a claim, and no genuine issue of material fact. Format also counts. What to consult: Complements, Text, D2L D2L postings of MI statutes and MCRs (you need not do additional searching) Samples posted on D2L (The Sample Complaint posted in stand alone fashion along with samples contained in the link posted on D2L may assist you as far as format + phrasing of certain types of allegations. Text and lecture also will assist.) Facts Below AND Bullets Recapping Assignment Following Facts FACTS Overview of Task: HealthyLife, Inc. ("HealthyLife"), one of our Firm's largest clients, has asked us to represent it in a breach of contract action against Maverick RX, Inc. ("Maverick RX") and a breach of guaranty | claim against guarantor, John Maverick. The parties and their location: HealthyLife is a Delaware corporation with its principal place of business in Cleveland, Ohio; it does business throughout Michigan, including Wayne County. HealthyLife manufactures and sells supplies to lab testing service centers in the medical field. Maverick RX is a lab testing service center in the medical field. It is a newly formed Michigan corporation with its sole place of business in Wayne County, Michigan. John Maverick is a resident of Wayne County, Michigan. John Maverick signed a written Guaranty to answer for any unpaid debt owed by Maverick RX to HealthyLife relative to an Invoice dated December 1, 2022. The invoices between HealthyLife and Maverick RX as well as the Guaranty signed by John Maverick are discussed in further detail below. Underlying Facts: From March 2022 until December 2022, HealthyLife furnished clinical lab supplies to Maverick RX, particularly exam gloves, and diagnostic instruments, pursuant to a series of written invoices signed by John Maverick in his role as Maverick's CEO. Each invoice contained a written provision which clearly and ambiguously states that payment in full is due by the 28th day of the month in which the invoice was dated. HealthyLife's VP in charge of sales, Pat Smith, has provided us with the signed invoices. We also have interviewed Pat. At the interview, Pat advised that HealthyLife performed each invoice but that Maverick RX has failed to pay the full amount due under the November Invoice, and has failed to pay any of the amount due under the December Invoice. Pat also states that John Maverick signed a Guaranty in connection with the December Invoice, but has failed to pay any of the guaranteed debt Pat has provided us with a copy of the signed Guaranty. - A B D E = | Litigation Test 1 WNTR 2023 (TO STUDENTS on D2L) (4) - WordPad File Home View 1 1 2 3 4 5 7' | More Particulars re: Invoices, Guaranty, & nonpayment + Client/Atty preferences: According to Pat, and as reflected on the invoices and internal spreadsheets provided to us by Pat, Maverick RX has failed to pay as follows: November 1, 2022 invoice total $5,000.00 - Default amount $2,500 December 1, 2022 invoice total $26,000.00 - Default amount $26,000 (none paid) The December 2022 Invoice was conditioned upon a guaranty of payment to be signed by John Maverick. To that end, John Maverick executed a written guaranty for the December 2022 order. The Guaranty is dated December 1, 2022 and guarantees payment of the full $26,000.00. As noted, we have a copy of the Guaranty in addition to copies of all of the invoices. Pat has also provided copies of demand letters directed to both Maverick RX and John Maverick dated January 4, 2023. To date, no payment has been received by HealthyLife for the invoices or under the Guaranty, and neither Maverick RX nor John Maverick have responded to the demand letters, or made any attempt to communicate with Pat or anyone else at HealthyLife. HealthlyLife wants to initiate collection proceedings ASAP because it is afraid Maverick RX may be going "belly-up" and that John Maverick may do something to become uncollectable on the Guaranty. The theories to allege are breach of contract + breach of Guaranty. A jury is desired. 90% A B D E = | Litigation Test 1 WNTR 2023 (TO STUDENTS on D2L) (4) - WordPad File Home View RECAP OF ASSIGNMENT: Please draft a Complaint addressing/containing the court, caption, case code type, any necessary certification, personal jurisdiction, subject matter jurisdiction (type of court - e.g., state district, state circuit, federal district), venue and breach of both (i) the Invoices and (ii) Guaranty. Make sure format complies with our Lecture on Chapter 5 and related Complement Make sure Caption correctly identifies the Court + Court-House (this goes to both subject matter jurisdiction and venue - see specific bullets on those topics below for further guidance) Make sure you identify the appropriate Case Code to be assigned to the case (does this go to Business Court vs one of the codes for case type if not in business court?) Make sure you include all certifications required by Rules of Court Make sure you include Jurisdictional allegations - both personal (think minimum contacts) and subject matter (think federal v state; if you determine you are filing in State Court, then determine if MI district v MI circuit, and if Circuit, is this for the business court, include business court allegations) Make sure you include Venue Plead substantive claims for (1) Breach of the Invoices At Issue, and (2) Breach of the Guaranty make sure you include adequate Factual allegations re elements of breach of contract (I've placed the elements below; reference Sample Complaint discussed in class and other tools A.7. 90% Drafting A Complaint Using Facts provided Below Use the facts to draft a Complaint containing allegations necessary to survive challenges asserting lack of subject matter jurisdiction, wrong venue, lack of personal jurisdiction, failure to state a claim, and no genuine issue of material fact. Format also counts. What to consult: Complements, Text, D2L D2L postings of MI statutes and MCRs (you need not do additional searching) Samples posted on D2L (The Sample Complaint posted in stand alone fashion along with samples contained in the link posted on D2L may assist you as far as format + phrasing of certain types of allegations. Text and lecture also will assist.) Facts Below AND Bullets Recapping Assignment Following Facts FACTS Overview of Task: HealthyLife, Inc. ("HealthyLife"), one of our Firm's largest clients, has asked us to represent it in a breach of contract action against Maverick RX, Inc. ("Maverick RX") and a breach of guaranty | claim against guarantor, John Maverick. The parties and their location: HealthyLife is a Delaware corporation with its principal place of business in Cleveland, Ohio; it does business throughout Michigan, including Wayne County. HealthyLife manufactures and sells supplies to lab testing service centers in the medical field. Maverick RX is a lab testing service center in the medical field. It is a newly formed Michigan corporation with its sole place of business in Wayne County, Michigan. John Maverick is a resident of Wayne County, Michigan. John Maverick signed a written Guaranty to answer for any unpaid debt owed by Maverick RX to HealthyLife relative to an Invoice dated December 1, 2022. The invoices between HealthyLife and Maverick RX as well as the Guaranty signed by John Maverick are discussed in further detail below. Underlying Facts: From March 2022 until December 2022, HealthyLife furnished clinical lab supplies to Maverick RX, particularly exam gloves, and diagnostic instruments, pursuant to a series of written invoices signed by John Maverick in his role as Maverick's CEO. Each invoice contained a written provision which clearly and ambiguously states that payment in full is due by the 28th day of the month in which the invoice was dated. HealthyLife's VP in charge of sales, Pat Smith, has provided us with the signed invoices. We also have interviewed Pat. At the interview, Pat advised that HealthyLife performed each invoice but that Maverick RX has failed to pay the full amount due under the November Invoice, and has failed to pay any of the amount due under the December Invoice. Pat also states that John Maverick signed a Guaranty in connection with the December Invoice, but has failed to pay any of the guaranteed debt Pat has provided us with a copy of the signed Guaranty. - A B D E = | Litigation Test 1 WNTR 2023 (TO STUDENTS on D2L) (4) - WordPad File Home View 1 1 2 3 4 5 7' | More Particulars re: Invoices, Guaranty, & nonpayment + Client/Atty preferences: According to Pat, and as reflected on the invoices and internal spreadsheets provided to us by Pat, Maverick RX has failed to pay as follows: November 1, 2022 invoice total $5,000.00 - Default amount $2,500 December 1, 2022 invoice total $26,000.00 - Default amount $26,000 (none paid) The December 2022 Invoice was conditioned upon a guaranty of payment to be signed by John Maverick. To that end, John Maverick executed a written guaranty for the December 2022 order. The Guaranty is dated December 1, 2022 and guarantees payment of the full $26,000.00. As noted, we have a copy of the Guaranty in addition to copies of all of the invoices. Pat has also provided copies of demand letters directed to both Maverick RX and John Maverick dated January 4, 2023. To date, no payment has been received by HealthyLife for the invoices or under the Guaranty, and neither Maverick RX nor John Maverick have responded to the demand letters, or made any attempt to communicate with Pat or anyone else at HealthyLife. HealthlyLife wants to initiate collection proceedings ASAP because it is afraid Maverick RX may be going "belly-up" and that John Maverick may do something to become uncollectable on the Guaranty. The theories to allege are breach of contract + breach of Guaranty. A jury is desired. 90% A B D E = | Litigation Test 1 WNTR 2023 (TO STUDENTS on D2L) (4) - WordPad File Home View RECAP OF ASSIGNMENT: Please draft a Complaint addressing/containing the court, caption, case code type, any necessary certification, personal jurisdiction, subject matter jurisdiction (type of court - e.g., state district, state circuit, federal district), venue and breach of both (i) the Invoices and (ii) Guaranty. Make sure format complies with our Lecture on Chapter 5 and related Complement Make sure Caption correctly identifies the Court + Court-House (this goes to both subject matter jurisdiction and venue - see specific bullets on those topics below for further guidance) Make sure you identify the appropriate Case Code to be assigned to the case (does this go to Business Court vs one of the codes for case type if not in business court?) Make sure you include all certifications required by Rules of Court Make sure you include Jurisdictional allegations - both personal (think minimum contacts) and subject matter (think federal v state; if you determine you are filing in State Court, then determine if MI district v MI circuit, and if Circuit, is this for the business court, include business court allegations) Make sure you include Venue Plead substantive claims for (1) Breach of the Invoices At Issue, and (2) Breach of the Guaranty make sure you include adequate Factual allegations re elements of breach of contract (I've placed the elements below; reference Sample Complaint discussed in class and other tools A.7. 90%