Assignment Task:
Draft an Answer to a Complaint Assignment. Draft an Answer to the federal complaint from the first semester. You should use the model complaint that was provided to you as the model answer for your Draft a Complaint assignment last semester as the complaint to answer. You can access a copy of that model answer in this module. There are examples of answers to complaints for you to review in this module as well. This is an untimed and open book assignment. You may contact your professor about this assignment. This assignment is governed by Concord's Honor Code. Facts These facts are in addition to the facts provided previously in the Draft a Complaint assignment. The Draft a Complaint assignment document is provided to you again in this module so that you can rely on those facts as to help develop your answer. You represent Danfield's Auto Express. They call to tell you that they received a federal complaint filed by Paul Peterson against them and Derek's Car Repair. You contact the manager of the Danfield's location that worked on Paul's car. The manager tells you that Danfield's did in fact repair the brakes and completed maintenance work on the plaintiff's car. The manager assures you that the work was done by a qualified technician who is "one of my best mechanics." The manager also tells you that he does not understand how the brakes or the heater hose could have failed because the mechanic who worked on it has lots of experience with these repairs, and is always very careful to ensure that everything is done correctly. He tells you that Paul did call in on the night of the accident to complain about squeaking and grinding and Paul was told to bring the car back in as soon as possible for Danfield's to take a look. He also tells you that when Paul picked up the car, he was told to take it easy on the brakes for the first hundred miles or so to allow that new brake pads to settle correctly. The manager says the squeaking was probably due to the fact that Paul did not do this and the manager speculates that not taking it easy on the brakes may have also contributed to further problems. The manager tells you that he did sign the lifetime guarantee and workmanship warranty along with Paul as he does for all customers that receive that document. Paul received it for the work that was done on his car. You then call Derek's Car Repair and figure out who is representing them and you talk to their attorney. They tell you that they have filed a motion to dismiss the claims against Derek's based on a lack of personal jurisdiction. Assume that services of process of the complaint and summons is not an issue. Assume that there are no issues with the summons. Assume that there are no statute of limitations issues. Assignment Draft an Answer to the plaintiff's complaint for Danfield's that complies with the FRCP's requirements. You should use the model complaint that was provided to you as the model answer for your Draft a Complaint assignment last semester as the complaint to answer. That model complaint is provided to you again here in this module for you to review.