Complaint Homework

IN THE CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA

WILL CLINTON }

}

Plaintiff, }

vs. }

} Civil Case No: CV-2005-8897

ROB DOLE, SOUTH SIDE }

PET & GROOM ROOM, }

FICTITIOUS DEFENDANTS }

A, B, C, ... Z }

}

Defendants. }

}

COMPLAINT

Venue

1. Will Clinton is an adult resident of Chickenworth County, Arkansas.

2. Rob Dole is an adult resident of Jefferson County, Alabama.

3. South Side Pet & Groom Room is a sole proprietorship whose principal place of business is located in Jefferson, County Alabama and venue is proper pursuant to Alabama Code of 1975 § 6-3-2 and Alabama Rule of Civil Procedure 82.

4. Venue is proper in Jefferson County, Alabama as the incidents giving rise to the above captioned complaint occurred in Jefferson County, Alabama.

Factual Averments

5. ON OR ABOUT June 1, 2005 Defendant Dole, weinnerdogwasher@sspgr.net, contacted Plaintiff, via email, concerning the quality of his “White Water Bubbly” and the suitability for its use as a dog washing agent.

6. Plaintiff responded, via email, that all “White Water Bubby” is required by federal regulations to meet or exceed all Safe Drinking Water Act (SDWA) regulations and meets or exceed all applicable state and local regulations concerning the water quality.

7. Since this product meets or exceeds all applicable regulations concerning its use by humans, Plaintiff stated in his email that the use of his product on animals should “work out just fine.”

8. Defendant Dole contacted Plaintiffs website, http://www.downstream.bubbaswell and placed an order for 50 gallons of Plaintiffs product to be delivered to Defendants business.

9. In addition, when placing the order Defendant Dole was informed that Plaintiffs company is an ISO-9001 certified organization which is trigged via a java-script popup.

10. Plaintiff shipped the product on the next slow train, using State Distress Shipping. Plaintiffs computer system emailed Defendant Dole a shipping number and a hyperlink that could be used in any RSS (Real Simple Syndication) feeder in order to track the shipment.

11. Plaintiff provides this shipping information to every customer and it is automatically generated by RFID (Radio Frequency Identification) tags and is read as it passes through Plaintiffs “E.Coli” (tm) wireless tracking system.

12. Since Defendant did not have a PayPal account and Plaintiff wanted to develop a long term business relationship it was agreed the product would be billed as payable in 30 days.

13. Because Plaintiff uses the automated “YellowDog” billing system, an invoice was generated and emailed to Defendant in accordance with accepted e-commerce protocols. When the “YellowDog" system did not detect a payment, a second email notification of payment due was sent to Defendant.

14 Plaintiff further avers that he contacted Defendant Dole personally, via IM (Instant Message), and demanded that payment be made immediately or that legal measures would have to undertaken in order to satisfy the obligation.

15. Defendant did not make payment within 30 days as agreed upon.

16. Plaintiff further states that all these exchanges are stored, using 122-bit encryption, on Plaintiffs mirror server, located in Aleppo, Syria, operated by GoogleSpy network.

17. These exchanges are accessible available via an anonymous ftp server in Finland.

18. Plaintiff further suffered damages due the drop of his Google ranking, repeated denial-of-service attacks emanating from Defendant Dole's IP address and installation of zombie computer programs that have resulted in Plaintiff Clinton's computer system constantly spamming the Bar Mali located in Timboutou, Mali using a Domain Name System (DNS) registered under the ICANN as belonging to Defendant.

19. Plaintiff has conducted his business in accordance with acceptable e-commerce practices and delivered a quality product to Defendant as indicated in the electronic chain-of-custody.

COUNT ONE: Breach of Contract

20. Plaintiff re-alleges all prior paragraphs of the Complaint as if set out here in full.

21. There exists a contract between Plaintiff and Defendants.

22. There was performance by the Plaintiff.

23. Defendants failed to perform.

24. Plaintiff suffered damage as a result of the breach.

WHEREFORE, BASED ON THE FOREGOING, Plaintiff demands judgment against each named Defendant and Fictitious Defendant, separately and severally, for compensatory and punitive damages in an amount to be determined by the jury, plus costs, along with such other, further and different relief to which Plaintiff may be entitled.

COUNT TWO: Conversion

25. Plaintiff re-alleges all prior paragraphs of the Complaint as if set out here in full.

26. Defendants appropriated the property of Plaintiff for their own use and benefit.

27. Plaintiff was damaged.

WHEREFORE, BASED ON THE FOREGOING, Plaintiff demands judgment against each named Defendant and Fictitious Defendant, separately and severally, for compensatory and punitive damages in an amount to be determined by the jury, plus costs, along with such other, further and different relief to which Plaintiff may be entitled.

COUNT THREE: Goods Sold and Delivered

28. Plaintiff re-alleges all prior paragraphs of the Complaint as if set out here in full.

29. Defendants owe Plaintiff 500.00 dollars for goods sold and delivered by Plaintiff to Defendants between the 1st day of June, 05 and the 30^th day of June, 05.

WHEREFORE, BASED ON THE FOREGOING, Plaintiff demands judgment against each named Defendant and Fictitious Defendant, separately and severally, for compensatory and punitive damages in an amount to be determined by the jury, plus costs, along with such other, further and different relief to which Plaintiff may be entitled.

Plaintiff Demands a Jury Struck and Sworn

Ima Confused

Dazed & Confused, PC

1111 Boulevard of Broken Dreams

Birmingham, AL 35203

205.867.5309 Extension 555

imaconfused@dazedandconfusedpc.net

SERVE Defendant:

Rob Dole

South Side Pet & Groom Room

123 Rarl Kove Lane

Birmingham, AL 30003