MEDINAH MINERALS, INC. (MDMN): SECOND JUDICIAL DISTRICT
COURT OF THE STATE OF NEVADA
CASE NO. CV00-00844
DEPT. NO. 4
IN THE SECOND JUDICIAL DISTRICT COURT OF THE
STATE OF NEVADA IN AND FOR THE COUNTY OF WASHOE
MEDINAH MINING, INC., a
Nevada corporation; LES
PRICE, an individual; and
LARRY REGIS, an individual,
Plaintiffs,
vs. FIRST AMENDED COMPLAINT
MICHAEL MENZIES, an
individual; BENJAMIN HOWE,
an individual; CHRISTIAN
AMUNATEGUI, an individual,
DOES 1-20; BLACK CORPORATIONS 1-20,
Defendants.
__________________________ /
COME NOW Plaintiffs, and as and for a Complaint against
Defendants, alleges as follows:
GENERAL ALLEGATIONS
1. Plaintiff Medinah Mining, Inc. (.Madinah.) is a
corporation duly organized and validly existing under the laws of
the State of Nevada which, at all times pertinent hereto,
conducted business in Washoe County, Nevada.
2. Plaintiffs Les Price and Larry Regis are individuals who
are officers and directors of Plantiff Medinah.
3. Defendant Michael Menzies is an individual who, at all
times pertinent hereto, subjected himself to the jurisdiction of
Washoe County, Nevada.
4. Defendants Benjamin Howe and Christian Amunategui are
individuals who, at all times pertinent hereto, subjected
themselves to the jurisdiction of Washoe County, Nevada.
5. Plaintiffs do not know the true names or capacities of the
Defendants sued herein as DOES 1-20 and BLACK CORPORATION 1-20.
Therefore, Plaintiffs sue said Defendants by fictitious
names. Plaintiffs are informed and believe, and therefore
allege, that each of said Defendants is legally responsible for
the claims for relief and the events and happenings referred to
herein, and caused damages to Plaintiffs, as alleged herein.
6. At all times pertinent hereto, certain Defendants were
the agents and/or employees of certain Co-Defendants and, in
doing the things hereinafter alleged, were acting within the
course and scope of such agency and/or employment and with the
permission and consent of such Co-Defendants.
WHEREFORE, Plaintiffs pray for judgment as more particularly
hereinafter set forth.
FIRST CLAIM FOR RELIEF
7. Plaintiffs reallege the allegations contained in
paragraphs 1-6 hereof as though fully set forth herein.
8. Defendants intentionally and/or negligently published
and communicated false and defamatory information concerning
Plaintiffs through verbal, written and Internet communications to
third persons, including, but not limited to, shareholders of
Medinah. The Internet communication was directed, published and
communicated to all users of the Internet throughout the world.
9. In the defamatory information, Defendants made comments
relating to the integrity and business ethics of Plaintiffs.
10. Said comments were defamatory, per se, in that they
imputed to Plaintiffs and the management of Medinah dishonesty
and fraudulent conduct, as well as conduct incompatible with the
business operations of a public company and Plaintiffs' conduct
relating thereto. Said comments were also intended to influence
investors and the trading of Medinah's common stock in the public
markets.
11. Said comments were understood by third persons to be
defamatory of Plaintiffs and proximately caused damages to
Plaintiffs, and each of them.
12. As a direct and proximate result of such conduct,
Plaintiffs have lost the ability and opportunities to arrange
financing and otherwise conduct their business operations.
13. As a further direct and proximate result of such
conduct, Plaintiffs have suffered general damages in a sum in
excess of $50,000,000 U.S.
14. As a further direct and proximate result of such
conduct, Plaintiffs have incurred special damages in a sum which
has not yet been fully determined. Plaintiffs will seek leave to
amend this Complaint to conform to proof at the time of trial.
Plaintiffs are also entitled to temporary and permanent
//
injunctive relief to enjoin Defendants from engaging in the
described conduct.
15. The conduct of Defendants was willful, wanton and
malicious and Plaintiffs are, thereby, entitled to an award of
punitive damages in a sum in excess of $100,000,000 U.S. from
each defendant.
16. As a further direct and proximate result of the above-
described conduct by Defendants, and each of them, Plaintiffs
were required to employ the services of an attorney to prosecute
this action and are entitled to an award of attorney's fees,
costs and expenses incurred herein.
WHEREFORE, Plaintiffs pray for judgement as more particularly
hereinafter set forth.
SECOND CLAIM FOR RELIEF
17. Plaintiffs reallege the allegations contained in
paragraphs 1-16 hereof as though fully set forth herein.
18. Defendants knew of the contractual relationships which
Plaintiffs had with respect to its business operations and
properties in Chile.
19. The conduct of Defendants intentionally and/or
negligently interfered with Plaintiffs' contractual rights.
20. As a direct and proximate result of said conduct,
Plaintiffs have incurred general damages in a sum in excess of
$50,000,000 U.S.
21. As a further direct and proximate result of Defendants'
conduct, Plaintiffs have incurred special damages in a sum which
has not yet been fully determined. Plaintiffs will seek leave to amend
this Complaint to conform to proof at the time of trial.
22, The conduct of Defendants was willful, wanton and
malicious and Plaintiffs are, thereby, entitled to an award of
punitive damages in a sum in excess of $100,000,000 U.S. from
each defendant.
WHEREFORE, Plaintiffs pray for judgement as more particularly
hereinafter set forth.
THIRD CLAIM FOR RELIEF
23. Plaintiffs reallege the allegations contained in
paragraphs 1-22 hereof as though fully set forth herein.
24. The conduct of Defendants constitutes intentional
and/or negligent interference with prospective economic
advantages to be realized by Plaintiffs in their business
operations.
25. As a direct and proximate result of said conduct,
Plaintiffs have incurred general damages in a sum in excess of
$50,000,000 U.S.
26. As a further direct and proximate result of Defendants
conduct, Plaintiffs have incurred special damages in a sum which
has not yet been fully determined. Plaintiffs will seek leave to
amend this Complaint to conform to proof at the time of trial.
27. The conduct of Defendants was willful, wanton and
malicious and Plaintiffs are, thereby, entitled to an award of
punitive damages in a sum in excess of $100,000,000 U.S. from
each Defendant.
WHEREFORE, Plaintiffs pray for judgment as more particularly
hereinafter set forth.
FOURTH CLAIM FOR RELIEF
28. Plaintiffs reallege the allegations contained in
paragraphs 1-27 hereof as though fully set forth herein.
29. Defendants published false and misleading information
relating to the Plaintiffs' ownership and operation of the
subject properties in Chile and general business operations, and
communicated such information to third parties with the intent
that such third parties justifiably rely upon the false and
misleading information, and third parties did so rely.
30. Defendants knew or should have known of the false and
misleading nature of the information, and specifically, that
statements made regarding Medinah, its management and operations
were untrue, and that they did not possess proxies they
represented to be validly held by them.
31. The conduct of Defendants constitutes intentional
and/or negligent misrepresentation and/or fraud.
32. As a direct and proximate result of said fraudulent
conduct, Plaintiffs have incurred general damages in a sum in
excess of $50,000,000 U.S.
33. As a further direct and proximate result of Defendants'
conduct, Plaintiffs have incurred special damages in a sum which
has not yet been fully determined. Plaintiffs will seek leave to
amend this Complaint to conform to proof at the time of trial.
34. The conduct of Defendants was willful, wanton and
malicious and Plaintiffs are, thereby, entitled to an award of
punitive damages in a sum in excess of $100,000,000 U.S. from
each defendant.
WHEREFORE, Plaintiffs pray for judgment as more particularly
hereinafter set forth.
FIFTH CLAIM FOR RELIEF
35. Plaintiffs reallege the allegations contained in
paragraphs 1-34 hereof as though fully set forth herein.
36. The conduct of Defendants constitutes a slander of
Plaintiffs' title in and to the subject properties.
37. As a direct and proximate result of said conduct,
Plaintiffs have incurred general damages in a sum in excess of
$50,000,000 U.S.
38. As a further direct and proximate result of Defendants'
conduct, Plaintiffs have incurred special damages in a sum which
has not yet been fully determined. Plaintiffs will seek leave to
amend this Complaint to conform to proof at the time of trial.
39. The conduct of Defendants was willful, wanton and
malicious and Plaintiffs are, thereby, entitled to an award of
punitive damages in a sum in excess of $100,000,000 U.S. from
each defendant.
WHEREFORE, Plaintiffs pray for judgment as more particularly
hereinafter set forth.
SIXTH CLAIM FOR RELIEF
40. Plaintiffs reallege the allegations contained in
paragraphs 1-39 hereof as though fully set forth herein.
41. The conduct of Defendants constitutes a conversion of
proprietary right, data and information and has deprived
Plaintiffs of their lawful use thereof.
42. As a direct and proximate result of said conduct,
Plaintiffs have incurred general damages in a sum in excess of
$50,000,000 U.S.
43. As a further direct and proximate result of Defendants'
conduct, Plaintiffs have incurred special damages in a sum which
has not yet been fully determined. Plaintiffs will seek leave to
amend this Complaint to conform to proof at the time of trial.
44. The conduct of Defendants was willful, wanton and
malicious and Plaintiffs are, thereby, entitled to an award of
punitive damages in a sum in excess of $100,000,000 U.S. from
each defendant.
WHEREFORE, Plaintiffs pray for judgment as more particularly
hereinafter set forth.
SEVENTH CLAIM FOR RELIEF
45. Plaintiffs reallege the allegations contained in
paragraphs 1-44 hereof as though fully set forth herein.
46. Defendants had a duty to deal fairly and in good faith
with respect to Plaintiffs and their business and contractual
rights and interests. The conduct of Defendants constitutes a
breach of such duty.
47. As a direct and proximate result of said conduct,
//
Plaintiffs have incurred general damages in a sum in excess of
$50,000,000 U.S.
48. As a further direct and proximate result of Defendants'
conduct, Plaintiffs have incurred special damages in a sum which
has not yet been fully determined. Plaintiffs will seek leave to
amend this Complaint to conform to proof at the time of trial.
49. The conduct of Defendants was willful, wanton and
malicious and Plaintiffs are, thereby, entitled to an award of
punitive damages in a sum in excess of $100,000,000 U.S. from
each defendant.
WHEREFORE, Plaintiffs pray for judgment as more particularly
hereinafter set forth.
EIGHTH CLAIM FOR RELIEF
50. Plaintiffs reallege the allegations contained in
paragraphs 1-49 hereof as though fully set forth herein.
51. The conduct of Defendants constitutes a tort of
outrage.
52. As a direct and proximate result of said conduct,
Plaintiffs have incurred general damages in a sum in excess of
$50,000,000 U.S.
53. As a further direct and proximate result of Defendants'
conduct, Plaintiffs have incurred special damages in a sum which
has not yet been fully determined. Plaintiffs will seek leave to
amend this Complaint to conform to proof at the time of trial.
54. The conduct of Defendants was willful, wanton and
malicious and Plaintiffs are, thereby, entitled to an award of
punitive damages in a sum in excess of $100,000,000 U.S. from
each defendant.
WHEREFORE, Plaintiffs pray for judgment as more particularly
hereinafter set forth.
NINTH CLAIM FOR RELIEF
55. Plaintiffs reallege the allegations contained in
paragraphs 1-54 hereof as though fully set forth herein.
56. Defendants, and each of them, made threats of physical
harm against, among others, Plaintiffs Price and Regis. Said
conduct constitutes an assault.
57. As a direct and proximate result of said conduct,
Plaintiffs have each incurred general damages in a sum in excess
of $50,000,000 U.S.
58. As a further direct and proximate result of Defendants'
conduct, Plaintiffs have each incurred special damages in a sum
which has not yet been fully determined. Plaintiffs will seek leave to
amend this Complaint to conform to proof at the time of
trial.
59. The conduct of Defendants was willful, wanton and
malicious and Plaintiffs are each, thereby, entitled to an award
of punitive damages in a sum in excess of $100,000,000 U.S. from
each defendant.
WHEREFORE, Plaintiffs pray for judgment as more particularly
hereinafter set forth.
TENTH CLAIM FOR RELIEF
60. Plaintiffs reallege the allegations contained in
paragraphs 1-59 hereof as though fully set forth herein.
61. The conduct of Defendants, and each of them, 'constitutes'
negligence.
62. As a direct and proximate result of said conduct,
Plaintiffs have each incurred general damages in a sum in excess
of $50,000,000 U.S.
63. As a further direct and proximate result of Defendants'
conduct, Plaintiffs have each incurred special damages in a sum
which has not yet been fully determined. Plaintiffs will seek
leave to amend this Complaint to conform to proof at the time of
trial.
64. The conduct of Defendants was willful, wanton and
malicious and Plaintiffs are each, thereby, entitled to an award
of punitive damages in a sum in excess of $100,000,000 U.S. from
each defendant.
WHEREFORE, Plaintiffs pray for judgment as more particularly
hereinafter set forth.
ELEVENTH CLAIM FOR RELIEF
65. Plaintiffs reallege the allegations contained in
paragraphs 1-64 hereof as though fully set forth herein.
66. The conduct of Defendants, and each of them, constitutes
negligent and/or intentional infliction of emotional distress.
67. As a direct and proximate result of said conduct,
Plaintiffs have each incurred general damages in a sum in excess
of $50,000,000 U.S.
//
68. As a further direct and proximate result of Defendants'
conduct, Plaintiffs have each incurred special damages in a sum
which has not yet been fully determined. Plaintiffs will seek
leave to amend this Complaint to conform to proof at the time of
trial.
69. The conduct of Defendants was willful, wanton and
malicious and Plaintiffs are each, thereby, entitled to an award
of punitive damages in a sum in excess of $100,000,000 U.S. from
each defendant.
WHEREFORE, Plaintiffs pray for judgment as more particularly
hereinafter set forth.
TWELFTH CLAIM FOR RELIEF
70. Plaintiffs reallege the allegations contained in
paragraphs 1-69 hereof as though fully set forth herein.
71. The conduct of Defendants, and each of them, constitutes
Unlawful, unfair and fraudulent business practices.
72. As a direct and proximate result of said conduct,
Plaintiffs have each incurred general damages in a sum in excess
of $50,000,000 U.S.
73. As a further direct and proximate result of Defendants'
conduct, Plaintiffs have each incurred special damages in a sum
which has not yet been fully determined. Plaintiffs will seek
leave to amend this Complaint to conform to proof at the time of
trial.
74. The conduct of Defendants was willful, wanton and
malicious and Plaintiffs are each, thereby, entitled to an award
of punitive damages in a sum in excess of $100,000,000 U.S. from
each defendant.
WHEREFORE, Plaintiffs pray for judgment as more particularly
hereinafter set forth.
THIRTEENTH CLAIM FOR RELIEF
75. Plaintiffs reallege the allegations contained in
paragraphs 1-74 hereof as though fully set forth herein.
76. The conduct of Defendants, and each of them, constitutes
an unfair trade practice under Nevada Revised Statutes, chapter
598.
77. As a direct and proximate result of said conduct,
Plaintiffs have each incurred general damages in a sum in excess
of $50,000,000 U.S.
78. As a further direct and proximate result of Defendants'
conduct, Plaintiffs have each incurred special damages in a sum
which has not yet been fully determined. Plaintiffs will seek
leave to amend this Complaint to conform to proof at the time of
trial.
79. The conduct of Defendants was willful, wanton and
malicious and Plaintiffs are each, thereby, entitled to an award
of punitive damages in a sum in excess of $100,000,000 U.S. from
each defendant.
WHEREFORE, Plaintiffs pray for judgment as more particularly
hereinafter set forth.
FOURTEENTH CLAIM FOR RELIEF
80. Plaintiffs reallege the allegations contained in
paragraphs 1-79 hereof as though fully set forth herein.
81. Upon information and belief, Defendants, and each of
them, entered into an agreement with one or more of the other
Defendants to commit, and in furtherance thereof, did commit the
acts set forth herein above. Said conduct constitutes a
conspiracy.
82. As a direct and proximate result of said conduct,
Plaintiffs have each incurred general damages in a sum in excess
of $50,000,000 U.S.
83. As a further direct and proximate result of Defendants'
conduct, Plaintiffs have each incurred special damages in a sum
which has not yet been fully determined. Plaintiffs will seek
leave to amend this Complaint to conform to proof at the time of
trial.
84. The conduct of Defendants was willful, wanton and
malicious and Plaintiffs are each, thereby, entitled to an award
of punitive damages in a sum in excess of $100,000,000 U.S. from
each defendant.
WHEREFORE, Plaintiffs pray for judgment as more particularly
hereinafter set forth.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs pray for judgment against Defendants,
and each of them, as follows:
1. For judgment in favor of Plaintiffs and against
Defendants, and each of them, on all claims set forth herein.
2. For general damages in favor of Plaintiffs in a sum in
excess of $50,000,000 U.S. from each Defendant.
3. For special damages according to proof at the time of
trial. Plaintiffs will amend this Complaint to conform to proof
at the time of trial.
4. For punitive damages in favor of Plaintiffs in a sum in
excess of $100,000,000 from each Defendant.
5. For attorney's fees, costs and expenses incurred
herein.
6. For a temporary and permanent injunction against
Defendants.
7. For such other and further relief as the Court deems
just and proper.
Dated this 25th day of February, 2000.
_______________________________
Michael J. Morrison, Esq.,
Attorney for Plaintiffs.
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**Disclaimer:
The complaint, CASE NO. CV00-00844 and filed
IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE
OF NEVADA IN AND FOR THE COUNTY OF WASHOE has been
transcribed to the best of my ability. It may not be exactly 100%
accurate, but extremely close.
United States District Court, District of Nevada.
400 S. Virginia St.
Phone: (775) 686-5800
nvd.uscourts.gov
US District Court - Reno
nvd.uscourts.gov.
Staff Categories-Reno Washoe County
nvd.uscourts.gov.
**THE READER SHOULD VERIFY ALL CLAIMS AND DO THEIR
OWN DUE DILIGENCE BEFORE INVESTING IN ANY SECURITIES
MENTIONED. INVESTING IN SECURITIES IS SPECULATIVE AND
CARRIES A HIGH DEGREE OF RISK. INVESTORS SHOULD
INDEPENDENTLY VERIFY THE SECURITY MENTIONED IN THIS
TRANSCRIPTION BEFORE MAKING ANY INVESTMENT DECISIONS.
TIMING OF, AND ANY BUYING OR SELLING DECISIONS, ARE THE
SOLE RESPONSIBILITY OF THE READER.
news.stockmaster.com.
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