Fill and Sign the Empire Life Insurance Company of America Plaintiff Form

IN THE CIRCUIT COURT OF _________ COUNTY, ALABAMA ______________, **Plaintiff, **VS. *CIVIL ACTION NO.:*______________________ * CV_______INSURANCE COMPANY, et al., **Defendants.* PLAINTIFF=S OPPOSITION TO DEFENDANT =S, MOTION TO SEVER COMES NOW the Plaintiff, ______________, by and through counsel, and presents the following in opposition to Defendant, ___________________________ (hereinafter A_______@), Motion to Sever Plaintiff= s claims in her Complaint against ________into a separate lawsuit:1.Plaintiff filed a Complaint against the Defendants, _________________________, ____________________________________ (hereinafter A_____________@), _______., Inc., _______________. (hereinafter A ______@), and ________________ (hereinafter A_______@), on or about February 2, 1999, alleging fraud in the sale of life insurance to the Plaintiff. A copy of Plaintiff=s Complaint is attached hereto as Exhibit 1. 2._______ contends that Plaintiff=s claims against it should be severed because, it claims, the claims made by Plaintiff against _______ did not arise out of or in respect of the same transaction or occurrence, or series of transactions and occurrences as do the Plaintiff=s claims against _____________. In fact, Plaintiff =s claims against 2 _______________________________________________ and ________ are intertwined in a series of transactions and occurrences wherein the Plaintiff purchased a Aretirement plan@ from these companies through _______, who was an agent for both _______ and _____________, on the premises of Plaintiff=s employer, ___________________ Factory. This series of transactions and occurrences is set out in great detail in Plaintiff =s Complaint. 3._______ contends that the Plaintiff=s claims against the various Defendants are not properly joined pursuant to Rule 20, Ala.R.Civ.P. Rule 20 provides: AAll persons may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative, any right to relief in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact, to all defendants will arise in the action.@ Plaintiff= s Complaint clearly asserts against ______________________________________________, and ________ a right to relief in respect of or arising out of the same series of transactions or occurrences, and clearly questions of law or fact common to all Defendants will arise in Plaintiff=s action. As the Committee Comments to Rule 20 state:AThe Rule is intended to promote trial convenience, prevent a multiplicity of suits, and expedite the final determination of litigation by inclusion in one suit of all parties directly interested in the controversy despite technical objections previously existing in many situations. It also recognizes the economy of a procedure under which several demands arising out of the same occurrence may be tried together, thus avoiding the reiteration of the evidence relating to facts common to the several demands.@ 4._______ contends that the Plaintiff=s claims against it should be severed A to further convenience and to avoid prejudice to the parties and to enhance the expedition and economy of trial.@ To the contrary, to try Plaintiff =s claims against _______ separately from Plaintiff=s claims against the other Defendants would result in duplicative testimony and 3 evidence, both at trial and through deposition. WHEREFORE, Plaintiff respectfully requests that this Court deny Defendant _______=s Motion to Sever for the reasons set out above.JOHN DOE & ASSOCIATES, P.C.Attorneys for PlaintiffPost Office Drawer ____Mobile, Alabama _____(334) ________BY:____________________________________Plaintiff=s counselCounsel=s number CERTIFICATE OF SERVICE I hereby certify that I have on this _____ day of April, 1999, forwarded a copy of the foregoing by United States Mail, first class postage prepaid, and properly addressed to the following:Defense counsel listed here_________________________________________ Plaintiff=s counsel