[CIVIL COMPLAINT] Flemingovia vs Grosseschnauzer

Discussion in 'Legal Office Archive' started by Flemingovia, Jan 16, 2014.

  1. Flemingovia

    Flemingovia TNPer - -

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    I am sorry if this is in the wrong place. I was not sure where to post this:

    Following the recent court ruling, I am resubmitting a civil complaint against grosseschnauzer following comments he made about me on 18th and 20th December 2012.

    By this action I am seeking the restoration of my good name and my reputation as a fair and unbiased administrator of this region through:
    1.An apology and retraction from Grosseschnauzer.
    2.An examination of the facts of the case, and a statement from the court that Grosse’s comments were untrue and unfounded.

    The basis of the complaint is simple:

    On December 18th and December 20th 2012, in the thread titled "Govindia; didn't listen to Mum", Grosseschnauzer made two posts in which he repeatedly impugned my character, my actions and my impartiality as an Administrator of this forum.

    The posts in question are now viewable in the moderator discussion thread "regarding Govindia." Even had they not been released, they were viewable by a large number of influential TNP nations, including the whole cabinet and the moderation/admin team.

    In these posts Grosseschnauzer:

    1. Accused me of giving biased counsel so as to favour my "political ally", Blue Wolf.
    2. Accused me of advising moderator actions in a way that is "blatantly political", in order to "achieve my own aims".
    3. Accused me of embarking on a "relentelessly never-ending campiagn", undermining Grosseschnauzer's authority as Root admin by claiming that he ""stole" the root admin account from me (something I have never, to the best of my memory, done).
    3, Accused me of "unilateral abuse of my admin powers."

    My reputation as a moderator/admin here is important to me, and this attack, coming as it has from the senior admin on this forum, has wounded my reputation. I am aware that this is now in ancient history, but Grosse’s leave of absence and the court delays mean that there has never been resolution of this issue.

    I feel the accusations were serious enough to warrant legal challenge. Should Grosseschnauzer seek to prove these accusations in court, I am prepared to counter each of them. However, I would hope that the absurdity of the accusations made against me is apparent to the court.

    I am conscious of Grosseschnauzer's fine service to this region, and all I am looking for is a simple retraction and apology - I would not seek any further punishment or damages. For this reason before going to court the first time I contacted Grosseschnauzer by PM privately, seeking a retraction and apology. However, his response was to say "I call them as I see them." I had no desire to go to court, but I now feel I still have no choice; I cannot allow the slanders against my name to stand.
     
  2. Flemingovia

    Flemingovia TNPer - -

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    this is a formal complaint thread. Could off-topic remarks from people with no standing be split?
     
  3. Chasmanthe

    Chasmanthe TNPer

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    You may have a point. Flemingovianism once enjoyed wide and fervent support among the populace, whereas, since the revelations about your temple construction plans, we have seen people turning away from their flemingovian ideals... this could be evidence of the alleged damage incurred to your reputation.

    I could take up this case without neglecting deputy AG duties, as Kiwi is up to speed with cases. I will not press this offer if you would prefer me to keep out of it.

    If you could, as admin, move the complaint to the AG subforum, I would probably be able to fulfill mod requests such as splitting.
     
  4. Flemingovia

    Flemingovia TNPer - -

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    On principle I do not perform admin or mod actions on threads where I have a personal involvement. I am sure some other mod will get round to it.

    I am not sure what you mean by "revelations about my temple construction plans?" Perhaps we can save that for the hearing.
     
  5. Chasmanthe

    Chasmanthe TNPer

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    Okay I withdraw the offer.
     
  6. Flemingovia

    Flemingovia TNPer - -

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    Why is this in the office of the Attorney general? I did not think that the AG dealt with civil cases?
     
  7. Chasmanthe

    Chasmanthe TNPer

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    The AG's job is to bring the criminal cases to the court, contest them on the side of the prosecution. It's not the court's job to choose representation of prosecution or defense.

    In a civil matter, you still have two sides but it doesn't have to be prosecuted by the AG. It's still the case that both sides need to be represented in court, and it's still the case that the court is not expected to choose the representation.

    Therefore, either choose someone to represent you, or represent yourself. Grosseschnauzer would then have to do likewise.

    It looks like admin will have to move this topic back to the court, once you have decided on your representation.
     
  8. Flemingovia

    Flemingovia TNPer - -

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    It is said that a man who represents himself has a fool for a client.

    I will represent myself.
     
  9. Eluvatar

    Eluvatar TNPer - - - -

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    Discord:
    Eluvatar#8517
    Questions regarding the relocation of this topic should be addressed to Romanoffia.
     
  10. Flemingovia

    Flemingovia TNPer - -

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    I don't really have a problem, so long as I can find the thread. I was just surprised.
     
  11. Crushing Our Enemies

    Crushing Our Enemies TNPer - - - - -

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    Discord:
    COE#7110
    Incorrect. From the court rules:
     
  12. Chasmanthe

    Chasmanthe TNPer

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    Seems like a flaw in the court rules if you ask me.

    edit: i.e. complainants should still be able to choose counsel if they want to.
     
  13. Romanoffia

    Romanoffia Garde à l'eau!

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    Which is why we need to create a 'Civil Complaints' section of the court section of the forum. ;)

    Either way, I think this civil issue is ready to be heard and there is no point in delaying its hearing and choking up the docket.
     
  14. Flemingovia

    Flemingovia TNPer - -

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    I agree. Can I ask who will be overseeing this hearing (obviously, I am recused) and what is the timetable?

    I am assuming nobody will be allowed to simply ignore or boycott the hearing without being in contempt of court. ;)

    PS does it seem odd to anyone else that the plaintiff must appear personally and represent himself, but the defendant need not appear at all, but can be represented by counsel?
     
  15. Crushing Our Enemies

    Crushing Our Enemies TNPer - - - - -

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    Discord:
    COE#7110
    Well, for this to be accepted by the court, it needs to be presented to the court (not the AG) in the form of an indictment (not a complaint). The thread for filing indictments with the court is found here
     
  16. Flemingovia

    Flemingovia TNPer - -

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    Very well, I have re-re-submitted in the form of an indictment (not a complaint) in the thread you linkied to.