Plaintiff's Legal Response Form

PLAINTIFF'S LEGAL RESPONSE FORM

Plaintiff Name:    Plaintiff Counsel:

Defendant Name:    Case Number:

Court:    Filing Date:

RECITALS

WHEREAS, Plaintiff submits this formal written response to the operative pleading or motion filed by Defendant in the above-captioned matter; and

WHEREAS, Plaintiff seeks to specify those allegations admitted, denied, or requiring proof, to assert affirmative defenses, and to preserve claims, defenses, and evidentiary rights for pretrial and trial proceedings; and

WHEREAS, Plaintiff further intends by this Response to notify all parties and the Court of Plaintiff's requested relief and of Plaintiff's designated notices for service and correspondence.

NOW, THEREFORE

Plaintiff hereby responds as follows. This Response is filed without waiver of any rights, claims, defenses, or objections, including but not limited to jurisdictional, venue, and statute of limitations defenses, and Plaintiff expressly preserves all such rights.

1. ADMISSIONS AND DENIALS

1.1 To the extent the Complaint or motion alleges facts that are specifically admitted herein, Plaintiff admits those allegations as set forth below. To the extent any allegation is not expressly admitted, Plaintiff denies the allegation and demands strict proof thereof.

2. AFFIRMATIVE DEFENSES

2.1 Plaintiff asserts the following affirmative defenses without admission of any factual or legal allegations by the opposing party. The enumeration of defenses is not exhaustive and is pled subject to discovery and amendment.

3. COUNTERCLAIMS, SETOFFS, AND ADDITIONAL CLAIMS

3.1 Subject to investigation and discovery, Plaintiff reserves the right to assert counterclaims, cross-claims, and claims for setoff. Any claim not presently asserted is reserved for later amendment when appropriate.

4. PRAYER FOR RELIEF

4.1 Plaintiff respectfully requests that the Court enter judgment in Plaintiff's favor and award relief as set forth below:

Compensatory damages     Injunctive or equitable relief     Attorney's fees and costs     Other relief as the Court deems appropriate

5. PRESERVATION OF EVIDENCE

5.1 Plaintiff hereby demands preservation of all documents, electronically stored information, communications, logs, and tangible items that relate to the subject matter of the litigation. Failure to preserve relevant evidence may result in sanctions or other appropriate remedies.

6. CERTIFICATION OF SERVICE

6.1 I certify under penalty of perjury that on the date below I served a true and correct copy of this Response upon the persons required to receive service by the method indicated.

Service Method:    Personal service    U.S. Mail    Email    Facsimile

Date of Service:    Served To:

7. NOTICES

All notices, pleadings, and correspondence required or permitted hereunder shall be delivered to the addresses provided above and shall be effective upon receipt, or such later date as may be agreed in writing.

8. AMENDMENTS; WAIVER

8.1 This Response may be amended to assert additional defenses or claims as discovery and investigation warrant. No waiver of any provision of this Response shall be effective unless in writing and signed by the waiving party.

9. GOVERNING LAW

9.1 This Response and any disputes arising under or related to it shall be governed by and construed in accordance with the substantive laws of the state in which the court sits, without regard to its choice-of-law principles.

10. ENTIRE AGREEMENT

10.1 This Response constitutes the entire written statement of Plaintiff's admissions, denials, defenses, and requests for relief addressed herein and supersedes any prior written or oral statements to the extent inconsistent with this Response.

11. SEVERABILITY

11.1 If any provision of this Response is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect and shall be enforced to the fullest extent permitted by law.

Plaintiff certifies under penalty of perjury that the statements contained in this Response are true and correct to the best of Plaintiff's knowledge, information, and belief after reasonable inquiry. Plaintiff further certifies that counsel has a good faith basis to present the positions stated herein.

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