Drafting a complaint Assignment Help
This assignment is designed to challenge you with respect to the drafting of a complaint and the use of a court’s website in the federal system. I use the federal system because it is more uniform from district to district, and because with a diversity case (which this is because you will make it so), a federal court would use the substantive laws of a state.
Short version :
You will be filing your case in the United States District Court for the Middle District of North Carolina. You should review the website of that district. Then:
-1) draft a federal court complaint with 2 exhibits, one of which you create (I’ll give you one);
2) Complete a federal civil action cover sheet;
3) Complete a Notice of Appearance for you;
4) Complete a Corporate Disclosure form for your client; and,
5) Complete a civil summons for the defendant.
Websites you may use:
You may use the court’s website. You may use Bloomberg‐PACER.
You may use the NC Secretary of State’s website. You are not limited to these, nor required to use any of them.
This is not the time to show a casual disregard of my instructions and/or the court’s forms. For example, if a form' says to include a “name and address” you should include a “name and address.”
Your client is Big Bank, a North Carolina state chartered banking institution with its
Head quarters in Forsyth County, North Carolina. The defendant will be MMIC RPG,Inc., a
(real) North Carolina business THAT ALWAYS PAYS ITS BILLS BUT WHICH I AM USINGSOLELY IN A FICTIONAL CAPACITY FORTHIS PROJECT. You will assume that MMIC RPGhas filed a Certificate of Authority to do business in North Carolina.
You will need to make up any facts that you deem needed in your project. Your exhibit is up to you, but don’t overthink it.
MMIC RPGowes BigBank money Ona loan agreement in the form of a
Promissory Note. Attached is a copy of the note. The last payment was made on July 31, 2014.
What you won’t worry about somuch:
This is not aresearch project onUCC‐Article 3. I am
Interested in your ability to prepare a simple complaint that looks and reads like one filed in
Court, and to prepare the necessary documents for filing. There are no evil tricky things written
into the facts or note. I tried to keep it simple.