DEFENDANT - MARY SMITH

The defendant Mary Smith is hereby summoned and required by the Supreme Court of Nevada to serve an official communication detailing her response to the complaints hereby raised by Mr. Joel Wilkinson at his office located at Gray Ridges Suites along 20223 Street on Mr. Garrison Kenny, the plaintiff’s attorney. The response must be provided within 20 days, or a default judgment will be rendered. Stating that the defendant has agreed to the claims herein.

The legal proceedings to this case will be conducted in the Supreme Court of Nevada since the accident occurred in Las Vegas, Clark County, within Nevada State. Furthermore, the defendant is a resident of Nevada while the plaintiff is on business trip in Nevada State for two weeks. This would be enough time to settle this case.

COMPLAINT

The plaintiff states and alleges;

That due to the defendant’s negligent driving and carelessness on the road, he sustained physical injuries that has made him lose better opportunities.

That the defendant’s actions have resulted in the plaintiff’s partial loss to his uninsured car.

That the plaintiff has suffered severe financial losses on his business since he can no longer perform his activities normally.

WHEREFORE, the plaintiff asks for judgement against the defendant in compensation for damages exceeding $ 65,000 accounting for consequential business loses, medical expenses and costs incurred for repairing the car.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA

JOEL WILKENSON NO

CLASSIC COMPANY :

103 HENDERSON, NEVADA : CIVIL ACTION- NEGLIGENCE

PLAINTIFF,

V.

MARY SMITH :

KRISTOFF DISTRIBUTORS ATTORNEY ID NO. 88525

4225 TULSA, OKLAHOMA

DEFENDANT :

SUMMON AND COMPLAINT

Joel Wilkenson, a resident of Nevada State is a manager at Classic Company. He is a party to this case as a plaintiff represented by attorney Garrison Kenny.

Mary Smith is resident of Oklahoma working at Kristoff Distributors as an Executive Sales Manager. She is a party to this case as defendant represented by attorney Glenn Moore.

SUMMON

To the defendant

Mary Smith is hereby summoned and required to serve Mr. Garrison Kenny, the plaintiff’s attorney with a response concerning a complaint filed at the Federal Court of Nevada. The attorney’s office is located at Gray Ridges Suites along 20223 Street, Las Vegas. The defendant is obligated to reply to this claim on or before end of 20 days, failure of which the court shall pass a ruling that the defendant consents to the complaints.

COMPLAINT

The plaintiff, Joel Wilkenson states and alleges the following;

That on December 23, 2017, along 14th and Market Streets an accident occurred involving Joel Wilkenson and Mary Smith, as a result of negligent acts of the defendant.

That the defendant was distracted by her cell phone moments leading to the occurrence of the accident.

That the defendant did not honour road use and safety rules by running the red light showing on the traffic indicators. This can be attested to as true by Tom Gordon who was at the scene of accident.

That due to occurrence of this accident, the plaintiff was injured and has never been able to attend to his daily activities.

That as a result of the accident, the plaintiff has undergone financial losses amounting to $ 23,500 due to inconveniences of his business.

That the plaintiff has undergone severe trauma and physical pain due to the injuries caused as a result of negligent and careless driving of the defendant.

That the plaintiff has incurred $ 43,122 in repairing his car that was partially damaged at the impact. This can be attested to by the Plaintiff’s car repairer Mike Pope working at Pope’s Garage.

WHEREFORE, the plaintiff pleads for judgement against the defendant in compensation for damages exceeding $ 75,000 accounting for consequential business loses, medical expenses and costs incurred for repairing the car.

TO: LEIGHTON GALLOWS

FROM: HANSEN MIST

DATE: DECEMBER 23, 2017

FILE NO: 23303

RE: MEMORANDUM

FACTS

The plaintiff, Joel Wilkenson is filing a complaint against Mary Smith for a road accident that occurred on December 23, 2017 across the intersection of 5th and Market Street. An investigation established that the defendant was using her phone moments leading to the accident. She also violated road use and safety rules by running on a red light indicated on traffic control. However, the concern is on the sitting judge Leestar Kerry due to her notoriety of hard feelings towards careless drivers. Therefore, there is likelihood of biasness and extreme penalties for the defendant. Pursuant to section 1441(a) of Title 28 of US Court, the case can then be moved to a federal court.

ISSUE

There is need to change the venue for hearing and determination of this case from Supreme Court of Nevada to the United States District Court for the District of Nevada. This will facilitate in fair progression of the case. Pursuant to section 1441(a) of Title 28 of the US Courts, transferring the case will also assist in embracing diversity of both the defendant who hails from Nevada and the plaintiff who is a resident of Oklahoma

DISCUSSION

A consideration should only be granted if it is established that the plaintiff initiated an action and served the defendant within thirty days. Pursuant to section 1441 of Title 28, the defendant Mary Smith is allowed to request for transfer of this case from Supreme Court of Nevada to the United States District Court for the District of Nevada. This will also provide a fair chance of hearing to the plaintiff who is unfamiliar with legal procedures of Nevada State.

According to section 1446 of Title 28 of US Court, copies of legal proceedings and orders filed in case should be attached to the application. Additionally, a written notice of removal for this court proceeding needs to be served to the plaintiff. An original and correct copy of the same notice should be attached. Also, notice of removal should be served to the clerk of Nevada State Court and federal court.

Any applications regarding legal proceedings to this case must be addressed to office of the clerk at Supreme Court of Nevada State, Carson City with a fee of $ 1,200.

WHEREFORE, plaintiff accepts to remove the proceedings from Nevada State Court and requests that future actions be solved in federal courts as law states.

I HEREBY CERTIFY, that an original and correct copy of the aforementioned notice of removal was sent to the plaintiff via US direct mail.

Respectfully Submitted

____________________

Hansen Mist

Legal Student