Section 3 – Exhibits 9 & 10 – filed June 19, 2003

These are Edwards’ Motion To Dismiss and Memorandum Brief In Support Of The Motion To Dismiss, filed June 19, 2003, in response to Metris’ complaint filed by its attorneys on May 23, 2003.  Once a complaint has been filed in court, it must be answered, usually by an “answer” or a Motion To Dismiss.  Edwards had 30 days to respond to the complaint. 

The complaint stated that Metris transacts business in interstate commerce and that it extended credit to Edwards.  In its complaint, Metris failed to respond to, address, rebut or deny any of Edwards charges made in her previous letters and affidavit.  The wording of the complaint damaged Metris, in the following ways, including, but not limited to:  (1) Metris stated it did business in interstate commerce, yet filed suit in state district court.  Proper jurisdiction for corporations dealing in interstate commerce is federal district court.  The jurisdiction is incorrect.  Jurisdiction is a major factor in any case.  If the court hearing the case does not have the proper jurisdiction over either the subject matter or the person, the case, by law, must be dismissed; (2) Metris stated it loaned “credit” to Edwards.  Metris loaned nothing to Edwards, and its statement that it loaned credit violates federal law – 12 USC section 24.  A bank may lend money, but not credit.

Further, since DMB, Metris’ subsidiary, solicited Edwards through the U.S. Postal Service, mail fraud was involved and proper jurisdiction for business solicited through the mail is federal court, not state.  Neither Metris nor DMB are licensed to do business in New Mexico, have no authority to conduct business in New Mexico or bring suit in state district court.  Edwards’ Motions rebut the charges Metris made.  It is imperative that charges made in pleadings by the opposition be immediately rebutted or denied in responsive pleadings, pursuant to applicable time constraints dictated in court rules of procedure.  Failure to rebut charges is admission to them.           

          The Motions follow on the next page.