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