This case has been a one way street so far. If Dimension countersues, the things you wrote could be staring TMMI and our management team in the face.
Sorry old retired, WRONG AGAIN... the time has long past for a counterclaim and countersuit. You need to get familiar with the NV Rules of procedure, and stop posting the same incorrect info time after time.
THE DEFENDANTS HAVE ALREADY RESPONDED TO THE COMPLAINT, AND THEIR RESPONSE WAS NOT A CROSS CLAIM OR COUNTERSUIT. they have lost the right to countersue since it would be classified as a Compulsory Counterclaim, and NOT a Permissive Counterclaim (see below). Sorry to bring you back to reality old guy, but it ain't gonna happen!!
CHECKMATE.
Once you have been served with a civil complaint, you have a number of decisions that you need to make. Short of negotiating a resolution with the Plaintiff, you can:
A. File an Answer. This is the most common way of responding to a lawsuit. An Answer is your opportunity to respond to Complaint’s factual allegations and legal claims and raise "affirmative defenses" (link to glossary) to those claims. Filing an answer will prevent the Plaintiff from getting a default judgment against you.
B. File a Motion to Dismiss. There are a number of reasons that you can ask the court to dismiss the lawsuit. For instance, you can ask that the court dismiss for:
Lack of Jurisdiction (ie if the court does not have personal jurisdiction over you )
Insufficiency of Service of Process (ie if the Plaintiff did not properly serve the summons/complaint)
Failure to State a Claim (ie if you can argue that there is no legal basis for the Plaintiff’s claims)
This is not an exclusive list of the reasons for dismissing a case but all of these motions will have the effect of postponing the time in which you must file an Answer until the motion is resolved.
C. Sue the Plaintiff. You also have the option of pursuing your own claims, know as “Counterclaims,” (link to glossary) against the Plaintiff. Counterclaims fall into one of the two following categories:
Compulsory Counterclaims. If your claim arises out of the same transaction which underlies the Plaintiff's claim, you have a “compulsory counterclaim” meaning that if you do not file a counterclaim, you will lose the right to file a separate lawsuit.
Permissive Counterclaims. If your claim does not arise out of the same transaction which underlies the Plaintiff's claim, you have a “permissive counterclaim” meaning that you are not required to file it in the same action brought against you by the plaintiff. If you fail to file a permissive counterclaim, you may file it in a separate lawsuit.
AI
