Sale of photos went well - - $$$$$

We will be reposting the remainder of the photos not sold SOON....check back!!!!!!!

CCMSI Mgr inserted himself and company into a Private Matter

http://domabusebyvetsecmgr.blogspot.com

CCMSI - SUES PRIOR EMPLOYEE

Take note they know I don't live or work in Maricopa County but that is of course where they filed.  Dirty Boots or Standard Operating Procedure for this company - the bold is accurate based on my knowledge as I previously experience working for them.  CCMSI appears to just want to stain my character in my opinion, as the things I know would shut their doors PERMANENTLY!!!!

WHY ELSE would a company single out a prior employee, NO LONGER obligated to adhere to any contract terms or conditions and nor shall I assume....

CCMSI HARASSING PREVIOUS EMPLOYEE - 2 YEARS GONE (THEY MUST MISS ME)

SUPERIOR COURT OF THE STATE OF ARIZONA

MARICOPA ARIZONA

CCMSI, et. al.                                   )                       CASE NO.: CV2018-000950

                                                            )

Plaintiffs,       )                                  

                                                            )                       RESPONSE TO COMPLAINT

vs.                                                        )

                                                            )

Ms. Cynthia M. Cooks, et. al.          )

                                                            )

                                    Defendants.    )

COMES NOW, the Defendant, Ms. Cynthia M. Cooks, as an individual who states the following:

JURISDICTION and VENUE

RESPECTFULLY, this Court does not have subject matter or personal jurisdiction over the Defendant, Cynthia M. Cooks as an individual based the alleged actions, which Plaintiffs, CCMSI states transpired on or about November 2017, did not occur in Maricopa County, Arizona.  In addition, Defendant, Cynthia M. Cooks has not been a resident of nor has she worked within the borders of Maricopa County, Arizona, since July 2014. Moreover, Defendant Cynthia M. Cooks is not a registered agent for the Defendant, CMC Enterprise LLC a Delaware Limited Liability Company and has not accepted service of process for this matter on either of their behalves.

PROCESS OF SERVICE

In the above listed matter, service of process was improper as the documents in question Summons & Complaint, were simply placed outside on the door stop in the wind and rain during inclement weather causing them to become damaged, illegible and destroyed at a residence not belonging to either listed Defendants, Cynthia M. Cooks nor CMC Enterprise LLC. The owner of the home found the documents outside his door a few days after they appeared to have been placed, based on their soiled condition, he subsequently notified and provided the documents to Defendant, Cynthia M. Cooks. Based on the manner of how the Summons & Complaint, where allegedly served upon the Defendants we submit that the service of process was invalid and improper.

GENERAL ALLEGATIONS

The Defendants, Cynthia M. Cooks et. al., denies all of the allegations listed in the Plaintiffs, CCMSIs Complaint (1 – 22 including all subsections listed herein).  Further and without admission to any of the Plaintiff’s allegations presented in their complaint, the Defendants, Cynthia M. Cooks et. al., do hereby assert their affirmative defenses below:

DEFENSES

I.               JURISDICTION/VENUE

As Plaintiff, CCMSI and their counsel are aware, the Defendant Cynthia M. Cooks’ employment ran from 01/03/2011 in two locations Scottsdale and Phoenix, Arizona.  As of July 2014, Defendant, Ms. Cooks transferred to the CCMSI office in Albuquerque, New Mexico, where she continued her employment without any break in continuity in employment, until February 11, 2016 at which time she felt she had no recourse but to constructively terminate her employment with CCMSI.  Defendant, Ms. Cooks never returned to Maricopa County, Arizona.  Therefore, this Court is not the proper jurisdiction/venue to hear this or any other action involving Defendant, Cynthia M. Cooks.

II.            EMPLOYMENT AGREEMENT (CONTRACT)

Pursuant to Plaintiffs Exhibit A, Employment Agreement executed on or about January 3, 2011, Defendants respectfully request the Court please see (#2. Term of Agreement) of Exhibit A, which clearly states the duration of the contract at issue in this case began on 01/03/2011 and terminated as provided herein.

Herein, (#14. Termination of Employment) states, “…Agreement may be terminated for any reason or for no reason whatsoever...”  In this case, as stipulated by Plaintiffs CCMSI through their legal counsels’ Order to Show Cause Complaint before this Court, the Defendant Ms. Cooks’ employment with CCMSI terminated over 2-years ago on 02/11/2016, at which time she no longer held the status listed in the contract of employee.  Therefore, the contract for which this case is based had run its course and as such this matter is MOOT.  Also, the Defendants would like to remind the Court that it is against Public Policy for any employer to try to withhold their previous employees from utilizing their talents, skills and expertise to earn a living, especially when the employee brought those skills and talents to that employer for use only during their term of employment.  The Defendant, Cynthia M. Cooks is a 11-year seasoned careered senior claim adjuster who was hired by CCMSI for her existing talents, skills and expertise, she worked mainly alone for assigned clients on a national team except during presentations of her services rendered, at which time CCMSI held the team out to the clients as unified.  However, Defendant, Ms. Cooks’ day-to-day services provided to CCMSI on the client’s files, she worked autonomously with minimal supervisor or management oversight.

III.           FIRST AMENDMENT RIGHTS

The Defendants, Ms. Cooks et. al. has the rights afforded by the U.S. Constitution to voice her opinion and assert the facts from her perspective about all matters she may have witnessed, experienced and/or gained knowledge of prior to, during and after her employment with her previous employer CCMSI.  The Defendant, Ms. Cooks asserts her right to tell her truth as to all events she has knowledge of even if contrary to plaintiffs’ perspective.

IV.           PHOTOGRAPHS BY CYNTHIA M. COOKS

The Defendant, Ms. Cooks at all times owns 100% rights to any-and-all photographs, recordings, and/or pictures she personally took in her home and/or from her personal phone and/or other non-company owned device(s).  The Defendant, Ms. Cooks, as such owner shall maintain full rights to distribute, post, share, destroy, maintain, dispose-of and/or disseminate her personal property to further include give away for free and/or sale without consulting or obtaining any input whatsoever from the Plaintiffs, CCMSI who have no claim to or ownership in or of the contents of the Defendants, Ms. Cooks’ et. al. personal property.

Based on the foregoing, the Defendants, Ms. Cynthia M. Cooks et. al. respectfully requests that the Plaintiffs, CCMSIs claims for relief (1-5) be denied and that this Court further deny the Plaintiffs, CCMSIs Order to Show Cause motion and that the Plaintiffs take no financial recovery or preliminary injunctive relief.  Moreover, the Defendants, Ms. Cynthia M. Cooks et. al. requests that this Court grant all her requests set forth herein and to find this case in her favor,

Respectfully submitted.

Dated: February 19, 2018

                                                ________________________________________________

                                                Defendant, Ms. Cynthia M. Cooks et. al., as an individual.

                                                In pro per.

cc:       Gordon, Rees, Scully, & Mansukhani, LLP.

Attention: Mr. David L. O’Daniel

111 W. Monroe Street, Suite 1600

Phoenix, Arizona 85003

(602) 794-2472 (SBN: 006418)

Attorneys for Plaintiff (CCMSI)

Via US Mail only