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1 defendants' ask the court to take judicial notice solely for the unit of measure selected by the <br /> 2 plainti p. r es rr r /^S <br /> 3 A similar inspection in 1998, (Exhibit"B")alleges "12ounds" as the only measure of quantity <br /> 4 of Carbon Dioxide on the defendants' property, claiming three full fifty- op and cylinders. <br /> 5 The complaint on file herein ignores the plaintiffs own prior measurements pleading <br /> 6 alternative and inconsistent quantities: The defendants are a business "which handles hazardous <br /> o� <br /> 7 materials of more than fifty-five gallons,five hundred pounds of 200 cubic feet..." (Complaint,page <br /> 8 3, line 13). God e <br /> 1 a�vey <br /> 9 Unable to file the required verified response without knowing which unit is alleged, <br /> 10 defendants' counsel first left three phone messages with Mr.Irey all of which were ignored. He then <br /> 11 wrote to Mr. Irey asking him to specify which unit he was actually alleging (Exhibit "C"). In <br /> 12 response,Mr. Irey ignored that request, accused defendants' counsel of personal attacks on himself <br /> 13 and his family and questioned counsel's competency to handle this case (Exhibit "D"). <br /> 14 In response, defendants' counsel again wrote requesting that the plaintiff specify what <br /> 15 allegation it was making (Exhibit "E"). <br /> 16 Mr. Irey then wrote back demanding Points and Authorities within four hours (Exhibit 'T"). <br /> 17 Those Authorities were provided within eight hours(Exhibit "G") and ignored by plaintiff's <br /> 18 counsel (Exhibit "H"). <br /> 19 COMPLAINT FATALLY AMBIGUOUS <br /> 20 The defendants in this matter must file a verified answer to the Government's complaint. <br /> 21 Accordingly, they must be informed now of exactly what the factual basis of the Government's <br /> 22 complaint is. <br /> 23 Surely it knows. <br /> 24 If the measure is "pounds", as alleged by the plaintiff prior to filing, then the defendant can <br /> 25 file a verified denial and move for summary judgment based on plaintiff s documentation. <br /> 26 If the measure is "gallons",the defendants do not know the gallonage of the tanks but believe <br /> 27 they are a few gallons each and taken together are far less than 55 gallons. <br /> 28 If the allegation is "cubic feet" the complaint remains fatally defective because it fails to <br /> Points and Authorities in Support of Special Demurrc - 2 - <br />