The Patt v. Donner case file is intended to help civil procedure students put the course in context as they study, by requiring them to follow, and help draft the pleadings, as a simulated case unfolds from the first day of the semester to the last. Paula Patt, a newly arrived graduate student at UC Berkeley has been denied an apartment; she suspects it's because she's a single mother. Over the course of the semester students participate in drafting her complaint and seeking a TRO; switch sides to help complete motions to dismiss for failure to state a claim, lack of personal jurisdiction, and lack of subject matter jurisdiction; switch back to amend the complaint and move for discovery sanctions; and conclude the term with jury voir dire and a settlement negotiation.
Formatted Contents Note
Chapter 1. Dreafting the compaint. Paula Patt intake form. Clinic retainer agreement. Paula Patt interview transcript. Student notes to file after interview with Paula Patt. Internet ad for apartment Email re: 1357 Telegraph Ave. Rental application. Legal memo re: Fair Housing. Skills exercise: Complaint Chapter 2. Testing the Sufficiency of comkplaint. Proof of service. Dan Donner intake form. Insurance correspondence. Case management statement. Scheduling order. Will Walters interview transcript. Skills exercise: 12(b)(6) motion to dismiss. Opposition to 12(b)(6) motion to dismiss. Order denying 12(b)(6) motion to dismiss Chapter 3. Provisional remedies. Email re: Temporary restraining order. Skills exercise: Motion for preliminary injunction. Opposition to motion for preliminary injunction. Order denying preliminary injunction Chapter 4. Objecting to personal jurisdiction. Skills exercise: Motion to dismiss for lack of personal jurisdiction. Dan Donner supporting affidavit. Skills exercise: Opposition to motion to dismiss for lack of personal jurisdiction. Order denying motion to dismiss for lack of personal jurisdiction Chapter 5. Amending the pleadings. Skills exercise: Motion to amend complaint. Order granting motion to amend complaint. Amended complaint. Answer to complaint Chapter 6. Intervention. Motion to intervene. Skills exercise: Opposition to motion to intervene. Statement of non-opposition. Order denying motion to intervene Chapter 7. Discovery. Paula Patt deposition transcript. Will Walters deposition transcript. Skills exercise: Motion to compel/Motion for protective order. Order re: Discovery dispute Chapter 8. Summary Judgment. Memorandum to file re: partial summary judgment motion. Defendant's motion for summary judgment. E-mail memo re: motion for summary judgment. Skills exercise: opposition to motion for summary judgment. Order denying defendant's motion for partial summary judgment Chapter 9. Negotiating a settlement. Settlement correspondence. Consent decree. Skills exercise: Settlement agreement.