Rasmussen University In the District Court Texarkana Project
- Joe Doe, your supervising attorney, has numerous cases piling up, and a family vacation planned this week. He has been very pleased with your work at the firm, and thinks you are up to the task of editing a Motion to Dismiss on the John Smith case and preparing a Motion to Strike on the Billy Bob case.John Smith was accused of defamation by Betty Boop. Her Complaint filed against Mr. Smith is attached here.
Week-4-Boop-Complaint
Joe Doe has prepared the basics of the motion he would like to file in the Boop case. The client is upset by the whole case and would like it dismissed–he claims he didn't "defame" anyone. Mr. Smith made one comment during a private phone call to his wife. Mr. Doe has informed you that Texarkana follows the Federal Rules of Civil Procedure. He has included some citations to the law, but hasn't had time to finish the motion. He has asked you to complete the statement of facts portion of the motion, as well as ensure the entire motion is free of spelling and grammatical errors. The firm has a practice of citing to information from the complaint, throughout a motion to dismiss, by placing the following after any sentence containing facts from the Complaint: (Complaint at ¶_). Instead of the underscore, you should insert the paragraph number corresponding to the fact from the complaint. He hopes your edits will result in a motion that is ready for his signature, so that the motion can be filed by the deadline with no issues. Here is his initial draft:
Draft 1
As for the Bob case, the Plaintiff in this case, Billy Bob worked for Widget World Co., the Defendant, as a truck driver. Mr. Bob suffered from a workplace injury, and reported it to the company. Mr. Bob has had on-going rheumatoid arthritis, and in October of 2015, he stepped off the back end of a trailer and jarred himself when he hit the ground. A few weeks later, he felt such a sharp pain from his injury that he could hardly walk. His pain was so intense that he was taken to the local emergency room and received several painkiller injections. He informed the company that he was going to file a worker’s compensation claim pertaining to that injury. When Mr. Bob informed Mr. Widgetall, Widget World’s Safety Director, about his intention, the conversation between the two became heated. Mr. Mitchell, the safety director for Widget World, then produced a termination letter to Mr. Bob, alleging insubordination, and terminated Bob’s employment. The next day, Mr. Bob filed a workers’ compensation claim. Mr. Bob initiated this case, alleging that he was terminated in relation for his intent to file a workers’ compensation claim, in violation of Whiteacre law.The trial is set to commence in two weeks, and motions in limine are required to be filed this week. Mr. Smith would like you to prepare a motion in limine to keep any mention of the following evidence out of court:- Any mention of Billy’s previous conviction for possession of marijuana. Billy has used recreational marijuana in the past. It was never while working, he was never drug tested, and it had no impact on his performance. However, the Defendant may try to raise this issue. (You will need to fill in the facts in the section provided).
- Billy’s request for $50,000 in exchange for his dismissal of the case. The Defendant has been repeatedly mentioning that the case is only worth $50,000, since Billy requested that amount in settlement talks. However, Billy would like to ask a jury for substantially more money. (You will need to research and then fill in the section of the Federal Rules of Evidence that prohibit settlement discussions from being discussed at trial).
- Use this draft:
Draft 2Provided by Mr. Smith, as well as your own research, finish drafting a motion in limine using the laws of your state.
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