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
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