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STATE OF RIDGEWAY
COUNTY OF RIDGEWAY
MATRIX_OC,
Plaintiff,
v.
TALORIED; BRAIN_FILLED,
Defendants.
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IN THE SUPERIOR COURT OF
RIDGEWAY COUNTY
Civil Action No.
ANSWER
ANSWER AND DEFENSES OF DEFENDANTS TO PLAINTIFF’S COMPLAINT
Pursuant to Rid. R. Civ. P. 7(a), Defendants Taloried and Brain_Filled, by and through
their undersigned attorneys, hereby submit their response to the numbered paragraphs of Plaintiff
Matrix_oc’s Complaint.
INTRODUCTION
1. Neither admitted nor denied; there is no evidence to sustain the factual basis of this
statement.
2. Denied.
JURISDICTION AND VENUE
3. Admitted.
4. Denied as this Court cannot adjudicate a claim for which it lacks jurisdiction.
PARTIES
5. Admitted.
6. Admitted.
7. Admitted.
CAUSE OF ACTION
(Wrongful Death)
8. Paragraphs 8 and 9 are denied in full. Defendants deny that Plaintiff is entitled to relief
under 1 R. Stat. § 3109.
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AFFIRMATIVE DEFENSES
Defendants set forth their affirmative defenses. By setting forth these affirmative defenses,
Defendant does not assume the burden of proving any fact, issue, or element of a cause of action.
FIRST AFFIRMATIVE DEFENSE
Failure to State a Claim
To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted
as true, to “state a claim to relief that is plausible on its face” Bell Atl. Corp. v. Twombly 550 U.S.
544, 570 (2007). A claim has facial plausibility when the plaintiff pleads factual content that allows
the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.
Id. at 556. This foundational requirement is the “make or break” of a civil suit.
However, “[t]hreadbare recitals of the elements of a cause of action, supported by mere
conclusory statements, do not suffice” Ashcroft v. Iqbal, 556 U.S. 662, 1950 (2009). Indeed, even
though this Court must take all of the factual allegations in the complaint as true, it is not “bound
to accept as true a legal conclusion couched as a factual allegation.” Id. at 678. Furthermore, the
rules generally require a “plausible 'short and plain' statement of the plaintiffs claim, not an
exposition of his legal argument.” Skinner v. Switzer, 562 U.S. 2011, 7 (2011).
The rules are clear on this matter—if a complaint only recites the elements of an offense
and omits the true allegations, it cannot survive a Motion to Dismiss. Plaintiff’s Complaint sets
out one paragraph to support his bifurcated Wrongful Death claim, only writing that, “Defendants
Taloried and brain_filled jointly and severally killed Matrix_oc without legal cause or
justification.” Plaintiff’s Complaint at ¶ 9. Plaintiff’s one and only “claim” is a mere recitation of
the elements for his cause of action, an insufficient pleading of his case.
While legal conclusions can provide the framework of a complaint, they must be supported
by factual allegations. In this case, the Complaint fails to proffer allegations that would support
the legal conclusions. Therefore, this Court should consider dismissing Plaintiff’s Complaint w/
Prejudice under Rid. R. Civ. P. 8(c) or, alternatively, mitigate Defendants’ culpability for the
alleged tortious actions set forth in Paragraphs 8 and 9 of Plaintiff’s Complaint.
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Respectfully Submitted.
/s/ S. Stickza
Stickza, Esq.
Counsel of Record
Cohn, Cicero, & Goodrich LLC
Suite 1B, Palmer Suites
Palmer, RW 27841
(111) 222-3333
[email protected]
Attorney for Defendants
Document record
File size
114.7 KB
Uploaded
Feb 5, 2024 12:00 PM
Filed
Feb 5, 2024 12:00 PM
Filing code
COMPLAINT
Uploaded by
matrix_oc
Notes
Taloried Response.pdf — archived from the Trello docket (https://trello.com/c/k6O9ChGn)
