Radar obtained North Carolina United States District Court documents filed by Scripps Network and HGTV asking for a judge to dismiss Jonathan Schmier’s lawsuit against their companies and the El Moussas “because the requirements of diversity jurisdiction are not met and no other grounds for federal jurisdiction are apparent.”
They also claimed the suit lacked “subject matter.”
But, Schmier wants to continue the case, and filed his own papers claiming that he should “have his case heard.”
“Just because a case is filed in the wrong court a Plaintiff is still entitled to have his/her case heard and not just have a case Dismissed with Prejudice because they Pro-se Plaintiff failed to file the case in the proper court unaware of the Subject matter law/requirement sic,” he explained in the documents obtained by Radar.
“The Plaintiff in this case should not be held to the same high standards of perfection as practicing lawyers,” he insisted.
Schmier first filed suit against Christina, 34, and Tarek, 36, for $12,800 in back wages and $25,000 in unpaid commission in May 2017.
He explained in his grammatically incorrect and misspelled papers that he reached out to their company (Next Level Property Investments)’s operating manager Pete DeBest in January 2016 and was set up with a “50/50” partnership deal to do work for them. But, he was notified that he was “never an employee” in October 2016 — after he had begun working for the couple.
Schmier claimed he tried to resolve the issue with De Best and the El Moussas but they have “blocked his e-mail address and face book pages and phone numbers in an attempt to avoid paying” him sp.
Schmier had -$124.36 when he filed the suit, while the El Moussas were starting to put their money towards their divorce. Their split is still ongoing, as Christina only filed her response to Tarek's court papers earlier this month.
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