UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case No. 9:20-cv-80006 GARY HENDERSHOTT Plaintiff, v. JOEL OSTUW Defendant. _________________________________________/

AMENDED COMPLAINT

COME NOW Plaintiff GARY HENDERSHOTT ("HENDERSHOTT"0, by and

through undersigned counsel, and files his Complaint against Defendant JOEL OSTUW

(“OSTUW”), and in support hereof states:

PARTIES

1. Plaintiff HENDERSHOTT is an individual resident of Palm Beach County,

Florida, with an address located at 2015 North Federal Avenue, Delray Beach, Florida

33483.

2. Defendant OSTUW is a resident of Georgia with an address located at 1394 US

Highway 41, Calhoun, Georgia 30701.

JURISDICTION AND VENUE

3. On January 30, 2018, HENDERSHOTT filed Case No. 18-CV-80104 against

OSTUW alleging, inter alia, breach of contract against OSTUW.

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4. On September 18, 2018, the parties entered into a Mediated Settlement

Agreement resolving the underlying action. A copy of the Mediated Settlement

Agreement is attached hereto as Exhibit A.

5. While the Court in the underlying case did not reserve jurisdiction to enforce the

Mediated Settlement Agreement, Paragraph 8 of the Mediated Settlement Agreement

reserves Florida law as the law of the case.

6. The subject action arises directly from the Mediated Settlement Agreement, and

the breach thereof by Defendant OSTUW.

7. Plaintiff HENDERSHOTT is an individual domiciled in Florida.

8. Defendant OSTUW is an individual domiciled in Georgia.

9. This Court has original jurisdiction under 29 U.S.C. § 1332 because there is

diversity between the parties, and the amount in controversy exceeds $75,000.00.

10. Venue is proper in this District under § 1391(b)(2) because a substantial part of

the events giving rise to the claims occurred here.

FACTS

11. Plaintiff HENDERSHOTT is a well-known dealer in art, historic artifacts and

antiquities.

12. Over a number of years, Plaintiff HENDERSHOTT agreed to assist Defendant

OSTUW in selling parts of OSTUW’S collection.

13. A dispute arose when Defendant OSTUW refused to pay Plaintiff

HENDERSHOTT his commissions on the sale of certain items.

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14. Under Paragraph 5 of the Mediated Settlement Agreement, both parties agree to a

Mutual Release of all claims that one had or might have had against the other.

15. Despite the Mediated Settlement Agreement, which was entered into on

September 18, 2018, on or around January of 2018, Defendant OSTUW reported to the

police in Georgia that Plaintiff HENDERSHOTT had stolen certain of OSTUW’s items

which were covered by the Mediated Settlement Agreement, namely a Remington Pistol,

a slave letter, and a Butterfield Gun.

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COUNT I – TORTIOUS INTERFERENCE WITH BUSINESS RELATIONS

Plaintiff re-alleges the foregoing facts as if stated herein.

21. Over many years Plaintiff HENDERSHOTT has developed a reputation as one of

the foremost collectors and dealers of antiques and antiquities in the United States.

22. Plaintiff HENDERSHOTT and Defendant OSTUW had business relations

between them and a dispute arose concerning commissions due to HENDERSHOTT.

23. Plaintiff HENDERSHOTT sued Defendant OSTUW and the parties entered into a

Mediated Settlement Agreement on September 18, 2018.

24. Despite the Mediated Settlement Agreement, Defendant OSTUW immediately

reported to police that items covered by the Mediated Settlement Agreement had been

stolen by Plaintiff HENDERSHOTT.

25. Defendant OSTUW is and was well aware of Plaintiff’s reputation in the

collecting community.

26. Defendant was also well aware of various business relations between Plaintiff and

third-parites.

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27. In spite, and to hurt Plaintiff HENDERSHOTT’S reputation, Defendant OSTUW

wrongfully reported items covered by the Mediated Settlement Agreement as stolen to

the Georgia police

28. Defendant OSTUW intentionally and unjustly interfered with Plaintiff

HENDERSHOTT’s relations with other collectors in the community.

29. Due to the wrongful actions of Defendant OSTUW, Plaintiff HENDERSHOTT’s

business has been devastated and his reputation impugned.

WHEREFORE, Plaintiff HENDERSHOTT demands damages against Defendant

OSTUW, together with such further relief as is reasonable in the situation.

/s/ Michael D. Stewart__________Michael D. Stewart, Esq.FL Bar No.: 12457ms@themiamilaw.com150 NE 2nd Ave, Suite 1000Miami, FL 33131Telephone: (305) 590-8909

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on January 14th, 2020, I electronically filed the

foregoing document with the Clerk of Court using CM/ECF. I also certify that the

foregoing is being served this day on all counsel/parties of record either via transmission

of Notices of Electronic Filing generated by CM/ECF.

/s/ Michael D. Stewart__________Michael D. Stewart, Esq.FL Bar No.: 12457ms@themiamilaw.com150 NE 2nd Ave, Suite 1000Miami, FL 33131Telephone: (305) 590-8909