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Superior Court
Carroll County, SS
Case No. 2 I 2-20 1 5-CV-00053
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NOW COMBS, the Plaintiffs, Edward C. Furlong III, proceeding in his Pro Se
capacity and counsel for the Plaintifl's l,il' Man Snowmobile Rentals, Inc. and Starbrite
Leasing, inc., and in the above captioned case requests that this Honorable Court DENY
Defendant's Motion to Dismiss Defendant (s) to Count IX, and in supporl hereof,
consider the foll owing:
l.
Exhibit
2.
Exhibit No. 1 Video memorializes the assault on Plaintilf as it was perpetrated on December
31st, 2012 by the defendant. Bartlett Village Water Precinct, through it's commissioner, David
Ainsworth;just as the Plaintiffs stated in their complaint on page 22 paragraph 61 and 62, but confusing
the dates in error and typo.'
It is clear that the Det-endant's motion to clismiss based on the 3 year statute o1'limitation, is
erroneous as a matter of law; since December 3 1,2012 and the filing of this motion is only 2 years 8
3.
months.
As stated in defendant's counsel's motion to dismiss; It is "a scrivenet's elror," that the March
7th"2012date should reference the time when Barllett Water Precinct commissioner, David Ainsworth,
came to plaintiffs property via his personal snowmobile ( this video is also archived in Plaintiffs
Discovery) to harass and intimidate Plaintiff and Plaintifl's customers; and the December 31 sr ^2012
date was when the assault took place, as is seen and verified in video: Exhibit 1.
4.
plaintiff-s will correct those typos when they submit their'First Amended Complaint' in the
near future of this Action, and within a reasonable amount of time before trial.
5.
6.
There is indisputable proof through Exhibit 1 video that contact was made by defendant
Furlong
Bartlett Water precinct, through it's commissioner, David Ainsworth, towards Plaintiff Edward
on three separate occasions in video on December l2th, 2012; and not on March 7th'2012:
j.
in the
It,s the intent of Plaintffi to.file u Motion.for 'summary Judgment' to severul of Counts
dates in complaint 212-2015-cvNote to this I-lonorable Court: Plaintiffs wish to make a formal correction to the typo
understand it's true implications'
00053 when they amend their complaint. lt's imperative that the entire video is viewed to
the video of the assaulttook
when
was
it
is said, by elaintiffnurlong, on at least two occaiions in the video of what date
place ( ie., December 3lst,2012)'
11
WHEREFORE, Plaintiffs Edward C. Furlong and Starbrite Leasing, Inc., and Lil'
Man Snowmobile Rentals, Inc., respectfully request this Honorable Court:
a.
b.
Order any further relief that this Honorable Courl deems just and proper.
Resnectf ul
lv submitted.
Certificate of Service
I herby certify that a copy of the foregoing Motion has this 1 8th day of August, 201 5, been
forwarded first class mail, postage prepaid to Chris Hilson, Matt Cairns, Bill Scott and Peter Malia,
Corey Belobrow, counsel for the Defendants.
Edward C. Furlong
III,
Pro Se
VERIFICATION
I, Edward C. Furlong, III, individually. and as President fbr Starbrite Leasing, Inc., and Lil'
Man Snowmobile Rentals, Inc do hereby declare that I have read the forgoing "Obiection to Defendant's
motion to dismiss Bartlett Village Water Precinct, et al to Count IX of-the Complaint" and know of the
contents thereof. With respect to the matters regarding Plaintiffs, Edward C. Irurlong
lll,
Starbrite
Leasing, and Lil' Man Snowmobile Rentals, the same is true to my knowledge except to those matters
that are alleged on information and belief; as to those matters, I believe them to be true.
I, Edward C. Furlong
[],
trueandcorrectantlthatthisdeclarationwasexecutedonthis
l8th,dayof August,20l5,inNorth
individually and, as President of Starbrite Leasing, Inc., and undcr oath affirmed that the above was the
truth to the best of my knowledge and belief'.