Professional Documents
Culture Documents
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COMPLAINT
(JURY TRIAL DEMANDED)
Plaintiff Tidewater Strategies, LLC, by and through counsel, hereby files this Complaint
against Defendants August Wolf ("Defendant Wolf) and August Wolf for Senate d/b/a August
Wolf for Senate 2016 Committee ("Defendant Wolf Committee") (together "Defendants") and in
support alleges as follows:
PARTIES
1. Plaintiff Tidewater Strategies, LLC is a North Carolina limited liability company doing
business in Raleigh, North Carolina.
2. Defendant Wolf is a Citizen of the State of Connecticut.
3. Defendant Wolf Committee is a candidate committee political organization organized
under IRS 527 and registered with the Federal Election Commission.
JURISDICTION AND VENUE
4. This Court has personal and subject matter jurisdiction over this action and the parties
pursuant to N.C. Gen. Stat. 1-75.4 and 7A-240.
5. Venue is proper in the Court pursuant to N.C. Gen. Stat. 1-82.
FACTS
6. On September 21,2015, Plaintiff and Defendants entered into a contract for general
consulting on the August Wolf 2016 senate campaign (the "Contract").
7. The Contract term was from September 21,2015 through November 8,2016 and was
terminable at will upon thirty days written notice.
8. On November 6,2015, Defendant Wolf paid Plaintiff $18,500 by charging that amount
by credit card (the "Payment").
9. The Payment represented November consulting fees that were due, an advance on the
December and January consulting fees, an advance on commissions, and a credit card fee.
10. In exchange for payment in advance, Plaintiff discounted its monthly service fees.
11. The Contract required that Defendant pay a 10% fee on late payments.
12. Upon information and belief, Defendant Wolf used his personal credit card to make the
Payment.
13. Plaintiff continued to provide consulting services in November in reliance of the
Payment.
14. On December 1,2015, Defendants informed Plaintiff orally that they wished to terminate
the Contract.
15. Defendants agreed that Plaintiff would be entitled to the Payment in exchange for
Plaintiff's agreement to terminate the services and not seek additional commissions for
certain donations obtained through the website that Plaintiff designed and managed.
16. On January 9,2016 Defendant Wolf caused the credit card processing company to
"charge back" the Payment.
17. The credit card processing company now claims that Plaintiff must pay $18,500 for the
charged back payment.
18. Defendant Wolf has contacted Plaintiff's clients and threated them claiming that
Plaintiffs clients misappropriated Defendant Wolf's donor lists.
COUNT I:
BREACH OF CONTRACT
19. Plaintiff incorporates by reference all previous paragraphs of this Complaint as though
fully set forth herein.
20. The parties had a contract for Plaintiff to provide general consulting services to
Defendants as described above.
21. Defendants accepted Plaintiff's services.
22. Defendants' time to perform has passed.
23. The Defendants have failed to perform causing a charge back of the Payment as
described above.
24. Plaintiff has been damaged by Defendants' breach in an amount to be determined at trial.
COUNT II:
FRAUD
25. Plaintiff incorporates by reference all previous paragraphs of this Complaint as though
fully set forth herein.
26. Defendant Wolf made the Payment with the intention of charging back the payment after
Plaintiff provided services.
27. Plaintiff relied on the payment, and provided services to his detriment.
28. Defendant Wolf knew or should have known that the Plaintiff would rely upon the
Payment.
COUNT III:
UNFAIR AND DECEPTIVE TRADE PRACTICES
31. Plaintiff incorporates by reference all previous paragraphs of this Complaint as though
fully set forth herein.
32. At all relevant times, Defendants were engaged in commerce in the State of North
Carolina.
33. Defendants' actions and conduct as described herein were in or affecting commerce and
constitute unfair or deceptive trade practices, which are proscribed by N.C. Gen. Stat.
75-1.
34. Defendants' unfair and deceptive trade practices have damaged Plaintiff in an amount in
excess of $25,000.
35. Plaintiff is entitled to have its damages trebled and to recover attorneys' fees.
36. Plaintiff has been damaged by Defendants' actions in an amount to be determined at trial.
PRAYER FOR JUDGMENT
WHEREFORE, Plaintiff respectfully requests the following relief:
1. That the Court award Plaintiff contract damages of $20350;
2. That the Court award Plaintiff damages in tort for fraud;
3. That the Court treble Plaintiffs tort damages pursuant to N.C. Gen. Stat. 75-16;
4. That the Court award costs including attorney's fees incurred herein;
5. For a trial by jury on all issues so triable; and
6. That the Court grant Plaintiff any such other and further relief as justice may require.
607006 173
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Tidewater Strategies, LLC
Plaintiff,
BY
f>v
vs.
COMPLAINT
(JURY TRIAL DEMANDED)
FACTS
6. On September 21,2015, Plaintiff and Defendants entered into a contract for general
consulting on the August Wolf 2016 senate campaign (the "Contract").
7. The Contract term was from September 21,2015 through November 8,2016 and was
terminable at will upon thirty days written notice.
8. On November 6,2015, Defendant Wolf paid Plaintiff $18,500 by charging that amount
by credit card (the "Payment").
9. The Payment represented November consulting fees that were due, an advance on the
December and January consulting fees, an advance on commissions, and a credit card fee.
10. In exchange for payment in advance, Plaintiff discounted its monthly service fees.
11. The Contract required that Defendant pay a 10% fee on late payments.
12. Upon information and belief, Defendant Wolf used his personal credit card to make the
Payment.
13. Plaintiff continued to provide consulting services in November in reliance of the
Payment.
14. On December 1,2015, Defendants informed Plaintiff orally that they wished to terminate
the Contract.
15. Defendants agreed that Plaintiff would be entitled to the Payment in exchange for
Plaintiff's agreement to terminate the services and not seek additional commissions for
certain donations obtained through the website that Plaintiff designed and managed.
16. On January 9,2016 Defendant Wolf caused the credit card processing company to
"charge back" the Payment.
17. The credit card processing company now claims that Plaintiff must pay $18,500 for the
charged back payment.
18. Defendant Wolf has contacted Plaintiff's clients and threated them claiming that
Plaintiff's clients misappropriated Defendant Wolf's donor lists.
COUNT I:
BREACH OF CONTRACT
19. Plaintiff incorporates by reference all previous paragraphs of this Complaint as though
fully set forth herein.
20. The parties had a contract for Plaintiff to provide general consulting services to
Defendants as described above.
21. Defendants accepted Plaintiff's services.
22. Defendants' time to perform has passed.
23. The Defendants have failed to perform causing a charge back of the Payment as
described above.
24. Plaintiff has been damaged by Defendants' breach in an amount to be determined at trial.
COUNT II:
FRAUD
25. Plaintiff incorporates by reference all previous paragraphs of this Complaint as though
fully set forth herein.
26. Defendant Wolf made the Payment with the intention of charging back the payment after
Plaintiff provided services.
27. Plaintiff relied on the payment, and provided services to his detriment.
28. Defendant Wolf knew or should have known that the Plaintiff would rely upon the
Payment.
COUNT III:
UNFAIR AND DECEPTIVE TRADE PRACTICES
31. Plaintiff incorporates by reference all previous paragraphs of this Complaint as though
fully set forth herein.
32. At all relevant times, Defendants were engaged in commerce in the State of North
Carolina.
33. Defendants' actions and conduct as described herein were in or affecting commerce and
constitute unfair or deceptive trade practices, which are proscribed by N.C. Gen. Stat.
75-1.
34. Defendants' unfair and deceptive trade practices have damaged Plaintiff in an amount in
excess of $25,000.
35. Plaintiff is entitled to have its damages trebled and to recover attorneys' fees.
36. Plaintiff has been damaged by Defendants' actions in an amount to be determined at trial.
PRAYER FOR JUDGMENT
WHEREFORE, Plaintiff respectfully requests the following relief:
1. That the Court award Plaintiff contract damages of $20350;
2. That the Court award Plaintiff damages in tort for fraud;
3. That the Court treble Plaintiffs tort damages pursuant to N.C. Gen. Stat. 75-16;
4. That the Court award costs including attorney's fees incurred herein;
5. For a trial by jury on all issues so triable; and
6. That the Court grant Plaintiff any such other and further relief as justice may require.
County
06113
GENERAL
P Hfll CIVIL ACTION COVER SHEET
NC. 27604
SSJ
"
File No.
. no
VERSUS
Name Of Defendant 1
August Wolf
Name And Address Of Attorney Or Party, If Not Represented (complete for initial
appearance or change of address)
Samuel- Pinero
Oak City Law LLP
702 N. Blount Street
Raleigh
NC
26704
Telephone No.
919-899-9655
Summons Submitted
38428
sam.pinero@oakcitylaw.com
Initial Appearance in Case
| Yes No
Name Of Defendant 2
Name Of Firm
August Wolf for Senate d/b/a August Wolf for Senate 2016
Change of Address
FAX No.
9195160572
Counsel for
[X] All Plaintiffs All Defendants f] Only (list party(ies) represented)
Summons Submitted
lYesD No
[x] Jury Demanded In Pleading
Q Complex Litigation
\ \ Stipulate to arbitration
TYPE OF PLEADING
(check all that apply)
Amend (AMND)
LJ Amended Answer/Reply (AMND-Response)
J Amended Complaint (AMND)
Assess Costs (COST)
LJ Answer/Reply (ANSW-Response) (see Note)
Change Venue (CHVN)
IE] Complaint (COMP)
L] Confession Of Judgment (CNJF)
D Consent Order (CONS)
Consolidate (CNSL)
Contempt (CNTP)
Continue (CNTN)
Compel (CMPL)
LJ Counterclaim (CTCL) Assess Court Costs
LJ Crossclaim (list on back) (CRSS) Assess Court Costs
[J Dismiss (DISM) Assess Court Costs
D Exempt/Waive Mediation (EXMD)
D Extend Statute Of Limitations, Rule 9 (ESOL)
_ J Extend Time For Complaint (EXCO)
LJ Failure To Join Necessary Party (FJNP)
NOTE: All filings in civil actions shall include as the first page of the filing a cover sheet summarizing the critical elements of the filing in a format prescribed by the Administrative
Office of the Courts, and the Clerk of Superior Court shall require a party to refile a filing vjhich does not include the required cover sheet. For subsequent filings in civil
actions, the filing party must either include a General Civil (AOC-CV-751), Motion (AOC-CV-752), or Court Action (AOC-CV-753) cover sheet.
AOC-CV-751, Rev. 1/14
(Over)
D Condemnation (CNDM)
M Contract (CNTR)
D Discovery Scheduling Order (DSCH)
Injunction (INJU)
Date
Signa
May 9.2016
FEES IN G.S. 7A-308 APPLY
Assert Right Of Access (ARAS)
Substitution Of Trustee (Judicial Foreclosure) (RSOT)
Supplemental Procedures (SUPR)
PRO HAC VICE FEES APPLY
Motion For Out-Of-State Attorney To Appear In NC Courts In A Civil Or Criminal Matter (Out-Of-State Attorney/Pro Hac
Vice Fee)
No. Additional Plaintiff(s)
No.
Summons
Submitted
Yes No
Ye s N o
Ye s N o
Ye s Q N o
Ye s
QNo
^ File No. , . .. , n r J 1 X
County
Name Of Plaintiff
CIVIL SUMMONS
NC
Raleigh
27604
G.S. 1A-1,Rules3,4
VERSUS
Name Of Defendant(s)
August Wolf
Date(s) Subsequent Summons(es) Issued
August Wolf for Senate d/b/a August Wolf for Senate 2016
Committe
To Each Of The Defendant(s) Named Below:
Name And Address Of Defendant 1
August Wolf
76 Progress Drive Set 210
Stamford
Stamford
06902
Date Issued
Time
S-^/L
Samuel Pinero
am
[ZTpm
NC
27604
ENDORSEMENT
This Summons was originally issued on the date
indicated above and returned not served. At the request
of the plaintiff, the time within which this Summons must
be served is extended sixty (60) days.
Date Of Endorsement
Time
AM PM
Signature
Deputy CSC
Assistant CSC
NOTE TO PARTIES: Many counties have MANDATORY ARBITRATION programs in which most cases where the amount in controversy is $15,000 or
less are heard by an arbitrator before a trial. The parties will be notified if this case is assigned for mandatory arbitration, and, if
so, what procedure is to be followed.
AOC-CV-100, Rev. 10/01
2001 Administrative Office of the Courts
(Over)
RETURN OF SERVICE
certify that this Summons and a copy of the complaint were received and served as follows:
Date Served
Time
Served
DEFENDANT 1
Name
Of
Defendant
U AM U PM I
By delivering to the defendant named above a copy of the summons and complaint.
By leaving a copy of the summons and complaint at the dwelling house or usual place of abode of the defendant named
above with a person of suitable age and discretion then residing therein.
As the defendant is a corporation, service was effected by delivering a copy of the summons and complaint to the
person named below.
Name And Address Of Person With Whom Copies Left (if corporation, give title of person copies left with)
Date Served
Time Served
DEFENDANT 2
AM PM
Name Of Defendant
By delivering to the defendant named above a copy of the summons and complaint.
By leaving a copy of the summons and complaint at the dwelling house or usual place of abode of the defendant named
above with a person of suitable age and discretion then residing therein.
As the defendant is a corporation, service was effected by delivering a copy of the summons and complaint to the
person named below.
Name And Address Of Person With Whom Copies Left (if corporation, give title of person copies left with)
$
Date Received
Date Of Return
County Of Sheriff