jpcloet wrote:I have submitted my preliminary defense into my legal team and they are reviewing.
JP, if I may, please advise your legal team that if your answer should, at the very least, contain a 12(b)(6) motion to dismiss for failure to state a claim upon which relief can be granted. It is clear that the elements of this crime are (1) repeatedly giving out inaccurate Ratings with no evidence to back up the Rating and (2) the attachment of inaccurate tags.
In addition to stating the rule, prior courts have offered dicta for further analysis, explaining the first element as being ratings that could not be justified when later questioned. Additionally, the second element, inaccurate tags, was analogized to giving a tag of deadbeat when the user did not miss three consecutive turns. (KS,
viewtopic.php?f=239&t=106692)
Even when viewing all the evidence most favorably to the non-moving party, it is clear that Colton has not met either of the elements. There is nothing in the record to even suggest that any inaccurate tags have been used, and Colton has provided no evidence of defendant not being able to justify his tags. Preliminary depositions from experts and character witnesses for the defendant confirm these findings.
Wherefore, it is prayed that this most spurious accusation, designed only to harass, be dismissed with prejudice.
On a side note, and a more serious note, Colton, I don't really like you, but I don't really dislike you either. And we know you didn't have 7 birthdays in one day when your age suddenly changed to 21. But seriously man, take some time and really think before you post these kinds of things. If you post something, and a bunch of people don't agree, and you don't understand why, it probably means you are missing the point in some way. Back when Twill was around, he had a great flowchart for posting, and I don't remember it exactly, but step one was to think, "Do I really need to post this?" and if you answered yes, the second step was check for a similar topic, but the third step was, "Stop, and think again, Do I really need to post this? Chances are, the answer is no."
I think that is some good advice, little buddy.