complaint and summons

8/17/2019 Complaint and Summons

1/14

6CV006 I 73

STATE OF NORTH CAROLINA

Fi

P n

:

I N '

COUNTY OF WAKE

Tidewater Strategies, LLC

Plaintiff,

vs.

zsi ;:ay-o p ^

THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

16 CVS

BY


2/14

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.


3/14

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



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.


4/14

29. By virtue of Plaintiff's reliance it has been damaged.

30. Plaintiff has been damaged by Defendant's fraud in an amount exceeding $25,000.

COUNT III:

UNFAIR AND DECEPTIVE TRADE PRACTICES



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.


5/14

This the 9,h day of May 2016

OAK CITY LAW LLP

Samuel Pinero IT; NC Baf38428

Sam.pinero@oakcitylaw .com

702 North Blount Street

Raleigh, North Carolina 27604

Phone: (919)899-9655

Fax: (919)516-0572

Counsel for Plaintiff


6/14

607006 173


COUNTY OF WAKE

i —

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

IMh i 'AY -q P[f: i ,5 16CVS


Plaintiff,

• • ' - . , 0 . 3 . 0 .

BY

f>v

vs.

August Wolf, and August Wolf for Senate

•/a Augu:

Committee

d/b/a August Wolf for Senate 2016

Defendants.

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.


7/14

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.


8/14

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



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



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.


9/14

29. By virtue of Plaintiff's reliance it has been damaged.

30. Plaintiff has been damaged by Defendant's fraud in an amount exceeding $25,000.

COUNT III:

UNFAIR AND DECEPTIVE TRADE PRACTICES



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.


10/14

This the 9th day of May 2016

OAKCITYLAW

Samuel Pinero II, NtTBar̂ 8428

Sam.pinero@oakcitylaw .com

702 North Blount Street

Raleigh, North Carolina 27604

Phone: (919) 899-9655

Fax: (919)516-0572

Counsel for Plaintiff


11/14


W A K E C o u n t y

i

File No.

irrff

SSJ

06113

he General Court Of Justice

District [x] Superior Court Division

"

GENERAL

P Hfll CIVIL ACTION COVER SHEET

[x] INITIAL FILING Q SUBSEQUENT FILING

i, J Rule 5(b), General Rules of Practice For Superior and District Cou

Name And Address Of Plaintiff 1


702 N.Blount Street

Raleish

LiilU nt\) -0

NC. 27604

Name And Address Of Plaintiff 2

. no

V E R S U S

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

R a l e i g h N C 2 6 7 0 4

Telephone No.

919-899-9655

NC Attorney Bar No.

38428

Cellular Telephone No.

Attorney E-Mail Address

[email protected]

Summons Submitted

| Yes No

Initial Appearance in Case

Change of Addre

Name Of Defendant 2

August Wolf for Senate d/b/a August Wolf for Senate 2016

Name Of Firm

Oak City Law LLP

FAX No.

9195160572

Summons Submitted

lYesD No

[x] Jury Demanded In Pleading

Q Complex Litigation

Counsel for

[X] All Plaintiffs All Defendants f] Only (list party(ies) represented)

I | Amount in controversy does not exceed $15,000

\ \ 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)

(check all that apply)

Failure To State A Claim (FASC)

D Implementation Of Wage Withholding In Non-IV-D Cases (OTHR)

I I Improper Venue/Division (IMVN)

LJ Including Attorney's Fees (ATTY)

Intervene (INTR)

Interplead (OTHR)

O Lack Of Jurisdiction (Person) (LJPN)

G Lack Of Jurisdiction (Subject Matter) (LJSM)

D Modification Of Child Support In IV-D Actions (MSUP)

D Notice Of Dismissal With Or Without Prejudice (VOLD)

Petition To Sue As Indigent (OTHR)

[_] Rule 12 Motion In Lieu Of Answer (MDLA)

Sanctions (SANC)

Set Aside (OTHR)

Show Cause (SHOW)

Transfer (TRFR)

D Third Party Complaint (list Third Party Defendants on back) (TPCL)

LJ Vacate/Modify Judgment (VCMD)

Withdraw As Counsel (WDCN)

LJ Other (specify and list each separately)

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 Administra

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 ci

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

© 2014 Administrative Office of the Courts

(Over)


12/14

CLAIMS FOR RELIEF

LJ Administrative Appeal (ADMA)

Appointment Of Receiver (APRC)

U Attachment/Garnishment (ATTC)

LI Claim And Delivery (CLMD)

©-Collection On Account (ACCT)

D Condemnation (CNDM)

M Contract (CNTR)

D Discovery Scheduling Order (DSCH)

Injunction (INJU)

L_3 Limited Driving Privilege - Out-Of-State

Convictions (PLDP)

LJ Medical Malpractice (MDML)

D Minor Settlement (MSTL)

13 Money Owed (MNYO)

I—I Negligence - Motor Vehicle (MVNG)

D Negligence - Other (NEGO)

Motor Vehicle Lien G.S. 44A (MVLN)

Possession Of Personal Property (POPP)

Product Liability (PROD)

Real Property (RLPR)

LJ Specific Performance (SPPR)

I I Other (specify and list each separately)

Date

May 9.2016

Signa

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.

Additiona l Defendant(s) Third Party Defendant (s)

Summo

Submit

Yes

Yes

Yes

Yes Q

Yes

Plaintiff(s) Against Whom Counterclaim Asserted

Defendant(s) Against Whom Crossclaim Asserted

AOC-CV-751, Side Two, Rev. 1/14



13/14


^ File No. , . .. , n r J 1 X

WAKE

County

In The General Court Of Justice

District X] Superior Court Division

Name Of Plaintiff


Address

702 N.Blount Street

City, State, Zip

Raleigh

NC 27604

VERSUS

CIVIL SUMMONS

ALIAS AND PLURIES SUMMONS

G.S. 1A-1,Rules

Name Of Defendant(s)

August Wolf

August Wolf for Senate d/b/a August Wolf for Senate 2016

Committe

Date Original Summons Issued

Date(s) Subsequent Summons(es) Issued

To Each Of The Defendant(s) Named Below:

Name And Address Of Defendant 1

August Wolf

76 Progress Drive Set 210

Stamford

CT 06902

Name And Address Of Defendant 2

August Wolf for Senate

P.O.Box 113255

Stamford

C

06902

A Civil Action Has Been Commenced Against You

You are notified to appear and answer the complaint of the plaintiff as follows:

1. Serve a copy of your written answer to the complaint upon the plaintiff or plaintiffs attorney within thirty (30) days afte

you have been served. You may serve your answer by delivering a copy to the plaintiff or by mailing it to the plaintiffs

last known address, and

2. File the original of the written answer with the Clerk of Superior Court of the county named above.

If you fail to answer the complaint, the plaintiff will apply to the Court for the relief demanded in the complaint.

Name And Address Of Plaintiff's Attorney (If None, Address Of Plaintiff)

Samuel Pinero

Oak City Law LLP

702 N. Blount Street

R a l e i g h N C 2 7 6 0 4

Date Issued

S-^ /L

Time

a m [ Z T p

Deputy CSC t_J Assist ant CSC Clerk Of Superi or Court

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

Clerk Of Superior Court

NOTE TO PARTIES: Many counties have MANDATORY ARBITRATION programs in which most cases where the amount in controversy is $15,000

less are heard by an arbitrator before a trial. The parties will be notified if this case is assigned for mandatory arbitration, and, i

so, what procedure is to be followed.

AOC-CV-100, Rev. 10/01


(Over)


14/14

RETURN OF SERVICE

certify that this Summons and a copy of the complaint were received and served as follows:

DEFENDANT 1

Date Served T i m e S e r v e d I N a m e O f D e f e n d a n t

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 nam

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)

Other manner of service (specify)

Defendant WAS NOT served for the following reason:

DEFENDANT 2

Date Served Time Served

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 nam

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)

Other manner of service (specify)

Defendant WAS NOT served for the following reason.

Service Fee Paid

$

Signature Of Deputy Sheriff Making Return

Date Received

Date Of Return

Name Of Sheriff (Type Or Print)

County Of Sheriff

AOC-CV-100, Side Two, Rev. 10/01

complaint and summons

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