motions to file monday
motion to dismiss. comes now d and for his motion to dismiss says pursuant to rule 1, if this court has the jurisdiction and discretion to dismiss the case, defendants moves that it do so, so as not to clog the docket. this case is much ado about nothing. a simple solution would be to dismiss, with or without prejudice.
perhaps the court lacks discretion to grant such a motion at this stage; at least we made the motion. it is not the intent of defendant to complicate the court's workload. similarly, we are open to formal or informal mediation or settlement discussions whether in chambers, open court, or elsewhere. respectfully submitted
suggestion for status conference
This court currently has the matter set for _. I suggest we use this time for a status conference to discuss the motions filed, or reset for a later time.
notice regarding recusal
motion for jury trial
Defendant, Robbin Stewart, on behalf of Chico, a real party in interest, timely moves for trial by jury as of right per Article I section 20. Gates v Indianapolis 2013 is binding authority on this point see also Cunningham 2013.
Additionally defendant on behalf of the dog chico, a real party in interest, moves for trial by jury as of right per article I secction 19. Normally section 19 applies only to criminal trials, while this case is civil. But here where the ordinance is quasi criminal, the protections of section 19 also apply at least to some extent.
Additionally defendant moves for trial by jury under the 7th amendment, as incorporated by the 14th Amendment. This motion is to preserve the record. I do not the expect the trial court to grant on this issue. It is so that Chico has something to go to the Supreme Court with if needed. There is no recent case law on the 7th at scotus, or at least about incorporation. Cases from the 1880s are not controlling or persuasive. In Timbs, an 8th amendment claim of excess fines was incorporated. Chico would be willing to be represented by ij.org at scotus, or by ken faulk. In the event that this motion is denied, a ruling on facts and law is requested.
motion setting standard of review/
Plaintiff's counsel has indicated that she seeks to obtain a judgment based on preponderence of the evidence. The preponderence test is set out by statute as a floor not a ceiling. Here; where the ordiannce violations are quasi criminal a clear and convincing evidence test is required at trial (but not necessarily in a pretrial event, see blanche v muk choi lau 2026) under due course of law, article 1 section 12.
blanche v muk choi lau 2026.
It can also be argued that if the state constitution had been silent on this point, the 14th amendment comes into play.
Primarily this would be a due process claim, although it also a violation of equal protection and the p or i clause.
motion for appointment of counsel or ala gaurdian at litem for Chico.
suggest best interest of the dog.
defendant is elderly, has concerns about his own mental health and competence. I am functionally illiterate and may not be able to zealously advocate for Chico. AI may introdiuce nonobvious false claims.
d moves that the court appoint counsel, at d';s expense, or appoint something similar to a gaurdian at litem with the best interest of the dog as its guidepost.
I recognize of course that the dog lacks standing and is considered chattel. nor am i trying to mock the court. Here D's interests and the dog's interest are adverse. It would be easy enough to resolve the case by euthanizing Chico. He is at this point, if plaintiff's allegations are true, which they are not, an uninsurable liability.
I can get another dog for $20.
Chico deserves better.
I do not claim to be Chico's owner. I am here as a temporary guardian. The court may decide Chico's ownership if it chooses. a
TRhe dog may belong to Dawn Young, or Guy in woods. Tupac, real name unkown richared coombs? claims he has not been paid for ht edog. perhaps that makes tupac thew owner. He can be found usually in care of Patricia Beecher.
In the event that the court denies the motion to dismiss, the motion for s change of venue or recusal,
He's a silent guardian, a watchful protector. A Dark Knight."
I am arbitrary aardvark. i fight crime. crime usually wins.
oh, motion for findings of fact and law. in the event that any of my motions are denied, i request fidnings of fatc anbd law, so a reviewing court has a full record.
answer, affirmative defenses, counterclaims, (municipal liability monell) crossclaims/
mandatory counterclaims. permissive counterclaims.
discovery
motions to file monday
suggestion for status conference
notice regarding recusal
This notice is to inform the court that defendant happens to be the gop nominee for county clerk. I am not moving for recusal, but I am aware some judges have a preference for recusing and end up moving such cases out of county, to the court of an elected judge prepared for a jury trial.
motion for jury trial
motion setting standard of review/
motion for appointment of counsel or ala gaurdian at litem for chico.
suggest best interest of the dog.
answer, affirmative defenses, counterclaims, (municiapl liab monell) crossclaims/
mandatory counterclaims. permissive counterclaims.