Transcript of Medinah's INTERNET lawsuit
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IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
IN AND FOR THE COUNTY OF WASHOE
MEDINAH ENERGY, INC., a
Nevada corporation;
Plaintiff,
vs. COMPLAINT
STAGGERL.EE, a trade name
for DOE 1 and/or BLACK
CORPORATION 1; DOES 2-5;
BLACK CORPORATIONS 2-5;
Defendants.
___________________________/
COMES NOW Plaintiff and as and for a Complaint against
Defendants, alleges as follows:
GENERAL ALLEGATIONS
1. Plaintiff Medinah energy, Inc. 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. Defendant Staggerl.ee is an individual or business
entity currently unidentified to Plaintiff and, therefore,
Plaintiff names herein as Defendants Doe 1 and/or Black
Corporation 1. At all times pertinent hereto, said Defendant
conducted business in Washoe County, Nevada through Internet
communications.
3. Plaintiff does not know the true names or capacities of
the Defendants sued herein as DOES 2-5 and BLACK CORPORATIONS 2-
5. Therefore Plaintiff sues said Defendants by fictitious
names. Plaintiff is informed and believes, and therefore,
alleges, that each of said Defendants is legally responsible for
herein, and caused damages to Plaintiff, as alleged herein.
Plaintiff will amend this Complaint to insert the true name of
Defendant Staggerl.ee/Doe 1/ Black Corporation 1 when the name is
ascertained.
4. 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 each agency and/or employment and with the
permission and consent of such Co-Defendants.
WHEREFORE, Plaintiff prays for judgment as more particularly
hereinafter set forth.
//
FIRST CLAIM FOR RELIEF
5. Plaintiff realleges the allegations contained in
paragraphs 1-4 hereof as though fully set forth herein.
6. On Thursday, July 30, 1998, at 7:44 a.m., Eastern Time,
Staggerl.ee published false and defamatory information concerning
Plaintiff through Internet communication to, among other, Mike
Kovalchick. The Internet communication was directed to all users
of the Internet throughout the world.
7. In the defamatory information, Staggerl.ee stated in
bold type on the Internet that Plaintiff had “NO ASSETS”; had “NO
OPERATIONS”; was an “INTERNET SCAM”; and “IS A VACANT SHELL”.
8. Said comments were defamatory per se in that they
inputed to plaintiff and its management dishonesty and fraudulent
conduct.
9. Said comments were understood by third persons to be
defamatory and proximately caused damages to Plaintiff.
10. As a direct and proximate result of such defamation,
Plaintiff has suffered general damages in an amount in excess of
$10,000.
11. As a further direct and proximate result of such
conduct, Plaintiff has incurred special damages in a sum which
has not yet been fully determined. Plaintiff will seek leave to
amend this Complaint to conform to proof at the time of trial.
12. The conduct of Defendants was willful, wanton and
malicious and Plaintiff is, thereby, entitled to an award of
punitive damages in a sum in excess of $10,000 from each
Defendant.
13. As a further direct and proximate result of the above-
described conduct by Defendants, and each of the, Plaintiff was
required to employ the services of an attorney to prosecute this
action and is entitled to an award of attorneys' fees, coasts and
expenses incurred herein.
WHEREFORE, Plaintiff prays for judgment as fore particularly
hereinafter set forth.
SECOND CLAIM FOR RELIEF
14. Plaintiff realleges the allegations contained in
paragraphs 1-13 hereof as though fully set forth herein.
15. The conduct of Defendants constituted intentional
and/or negligent interference with contractual relations of
Plaintiff.
16. As a direct and proximate result of said fraudulent
conduct, Plaintiff has incurred general damages in a sum in
excess of $10,000.
17. As a further direct and proximate result of Defendants'
conduct, Plaintiff has incurred special damages in a sum which
has not yet been fully determined. Plaintiff will seek leave to
amend this Complaint to conform TO PROOF AT THE TIME OF TRIAL.
18. The conduct of Defendants was willful, wanton and
malicious and Plaintiff is, thereby, entitled to an award of
punitive damages in a sum in excess of $ 10,000 from each
Defendant.
WHEREFORE, Plaintiff prays for judgment as more particularly
hereinafter set forth.
THIRD CLAIM FOR RELIEF
19. Plaintiff realleges the allegations contained in
paragraph 1-18 hereof as though fully set forth herein.
20. The conduct of Defendants constitutes intentional
and/or negligent interference with prospective economic
advantages to be realized by Plaintiff in its business
operations.
21. As a direct and proximate result of said fraudulent
conduct, Plaintiff has incurred general damages in a sum in
excess of 10,000.
22. As a further direct and proximate result of Defendants'
conduct, Plaintiff has incurred special damages in a sum which
has not yet been fully determined. Plaintiff will seek leave to
amend this Complaint to conform to proof at the time of trial.
23. The conduct of Defendants was willful, wanton and
malicious and Plaintiff is, thereby, entitled to an award of
punitive damages in a sum in excess of $10,000 from each
Defendant.
WHEREFORE, Plaintiff prays for judgment as more particularly
hereinafter set forth.
FOURTH CLAIM FOR RELIEF
24. Plaintiff realleges the allegations contained in
paragraphs 1-23 hereof as though fully set forth herein.
25. The conduct of Defendants constitutes a tort of
outrage.
26. As a direct and proximate result of said conduct,
Plaintiff has incurred general damages in a sum in excess of
$10,000.
27. As a further direct and proximate result of Defendants'
conduct, Plaintiff has incurred special damages in a sum which
has not yet been fully determined. Plaintiff will seek leave to
amend this Complaint to conform to proof at the time of trial.
28. The conduct of Defendants was willful, wanton and
malicious and Plaintiff is, thereby, entitled to an award of
punitive damages in a sum in excess of $10,000 from each
Defendant.
WHEREFORE, Plaintiff prays for judgment as more particularly
hereinafter set forth.
//
FOURTH CLAIM FOR RELIEF
29. Plaintiff realleges the allegations contained in
paragraphs 1-28 hereof as though fully set forth herein.
30. Upon information and belief, Defendant Doe 1 and/or
Black Corporation 1 entered into an agreement to commit, and in
furtherance thereof, did commit the acts set forth herein above.
Said conduct constitutes a conspiracy.
31. As a direct and proximate result of said conduct,
Plaintiff has incurred general damages in a sum in excess of
$10,000.
32. As a further direct and proximate result of Defendants'
conduct, Plaintiff has incurred special damages in a sum which
has not yet been fully determined. Plaintiff will seek leave to
amend this Complaint to conform to proof at the time of trial.
33. The conduct of Defendants was willful, wanton and
malicious and Plaintiff is, thereby, entitled to an award of
punitive damages in a sum in excess of $10,000 from each
Defendant.
WHEREFORE, Plaintiff prays for judgment as more particularly
hereinafter set forth.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for judgment against Defendants,
and each of them as follows:
1. For judgment in favor of Plaintiff and against
Defendants, and each of them, on all claims set forth herein.
2. For general damages in favor of Plaintiff in a sum in
excess of $10,000 from each Defendant.
3. For special damages according to proof at the time of
trial. Plaintiff will amend this Complaint to conform to proof
at the time of trial.
4. For punitive damages in favor of Plaintiff in a sum in
excess of $10,000 from each Defendant.
5. For attorney's fees, costs and expenses incurred
herein.
6. For such other and further relief as the Court deems
just and proper.
Dated this 19th day of October, 1998
___________________________
Michael J. Morrison, Esq.,
Attorney for Plaintiff
_________________________________________________________________
REF: Message 6117919 |
