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Kercsmar (#020528)
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I N T H E U N I T E D S TAT E S D I S T R I C T C O U RT
F O R T H E D I S T R I C T O F A R I Z O NA
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v.
Robert Caulfield and Jane Doe
Caulfield, a married couple; Chris
Gowins and Jane Doe Gowins, a
married couple; Chris Mark and
Jane Doe Mark, a married couple,
Defendants.
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Popovic, GreySide Group, Inc., and Greyside Global LLC allege as follows:
NAT U R E O F AC T I O N
1.
Global LLC (Global), GreySide Group, Inc. (GSG) and its sole stock-
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employees and to Globals customers and vendors, (4) falsely held themselves
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out to the public as duly appointed directors of the company, and (5) frozen
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Popovic and GSG out of the companys bank accounts, books and records,
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Internet domain, website computer server, email system, and other company
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IP.
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2.
harm, Defendants actions here risk grave injury and even death. Global em-
world, including parts of the Middle East and the pirate-infested waters off
the coast of Somalia. The company is therefore charged with protecting the
safety of hundreds of individuals who are in imminent danger every day. De-
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Popovic has the most experience and training necessary to effectively and
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3.
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vember 16, 2011, it has come to light that Defendants have contravened this
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Courts restrictions by, among other things, (1) setting up a separate business
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the maritime-security industry, and (4) taking steps to attend the Maritime
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dertaken in the face of this Courts TRO and which appears to be ongoing
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Globals largest and most important client, NSB Shipping, canceled its Mas-
ter Services Agreement with Global and told Popovic that there is no hope
for the companies to work together again. In other words, Popovic has
learned that the ultimate result of Defendants willful conduct is that Global
has irretrievably lost its clients and Popovic himself is a persona non grata in
million.
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harm, which includes not just the loss of business goodwill and professional
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reputation, but also the possibility of serious bodily injury and death. With
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this imminent harm addressed, this lawsuit can then move forward to reme-
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dy the monetary harm that Defendants actions have caused Global, GSG,
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and Popovic, which arise out of Defendants (1) breaches of their fiduciary
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duties to Global and GSG; (2) breaches of contract with Popovic; (3) tor-
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conversion of Globals and GSGs assets; and (5) Defendants use of compa-
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7.
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and at all relevant times described in this Complaint was acting for the bene-
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Jane Doe Gowins, whose actual identity remains unknown, and at all rele-
vant times described in this Complaint was acting for the benefit of his
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marital community. Plaintiffs will amend the Complaint to allege the actual
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discovery.
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the State of Utah. On information and belief, Mark is married to Jane Doe
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Mark, whose actual identity is Heather Mark, and at all relevant times de-
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scribed in this Complaint was acting for the benefit of his marital
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community.
JURISDICTION & VENUE
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Plaintiffs are domiciled in the States of Delaware, Arizona and Nevada, re-
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sides in Arizona.
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Popovic is domiciled in this district and a substantial part of the events that
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cluding parts of the Middle East and the pirate-infested waters off the coast
of Somalia.
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Global through his wholly owned corporation, GSG. GSG holds an approx-
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imate 66% ownership interest in Global. See Exhibit 1 at iii (Exhibit A).
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Since 2005, Popovic has invested his life savings to get GSG and
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Global off the ground. Popovic spent his life savings and sold most of his
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fund other start-up expenses. For years, he could not afford to take a salary
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ing through the Gulf of Aden and other areas along the coast of Somalia.
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money to grow the company. At that time, Popovic was introduced to Caul-
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29, 2011, to facilitate this loan. As security for the loan, GSG pledged 100%
all of GSGs and Globals costs and expenses, and was not taking a salary.
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summer of 2011, Global was just staring to generate revenue, but did not
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Kercsmar & Feltus PLLC
6263 North Scottsdale Road, Suite 320
Scottsdale, Arizona 85250
(480) 421-1001
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employee with the know-how and relationships to run the firms security op-
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Popovics Top Secret clearances and veteran status, his majority ownership
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exchange for a preferred ownership interest that would increase with the
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$500 thousand loan was converted to equity and combined with Caulfields
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$800 thousand.
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not have the right to operational or majority control of the company. See
Exhibit 1, passim.
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trols) has invested about $800 thousand in Global, and he currently holds an
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ment). See Exhibit 1. The Operating Agreement generally governs the rights
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Kercsmar & Feltus PLLC
6263 North Scottsdale Road, Suite 320
Scottsdale, Arizona 85250
(480) 421-1001
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2, 2011, Popovic was made Globals President and Chief Executive Officer.
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See Exhibit 2 at p. 1.
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ment Agreement, Popovic was engaged to serve the President and Chief
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paid bi-weekly, as well as other compensation and benefits like bonuses and
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insurance.
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its good faith judgment, that such termination is in the best interest of
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received no salary or other compensation for his work for the company. Be-
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compensation and that Popovic ran personal expenses through company ac-
counts.
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Kercsmar & Feltus PLLC
6263 North Scottsdale Road, Suite 320
Scottsdale, Arizona 85250
(480) 421-1001
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aware of the companys accounting history and was given full and unfettered
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Globals interim Chief Financial Officer, and in that role, Gowins should
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handle Globals bookkeeping and accounting. Gowins was at the time and
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Popovic did not receive his first paycheck from Kenton until Sep-
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have been handled primarily by its President and CEO, Popovic, assisted by
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a small team made up of: (1) Jeffrey Martin BJ Lamb (Lamb), the com-
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the company.
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manding that Popovic come to California for what Caulfield called a come-
to-Jesus meeting.
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Kercsmar & Feltus PLLC
6263 North Scottsdale Road, Suite 320
Scottsdale, Arizona 85250
(480) 421-1001
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fornia on October 13, 2011, and met with Caulfield at the offices of Trust
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the companys funds and, for the first time, raised Popovics personal ex-
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had mishandled funds (or comingled personal and company funds) was a
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would not invest any additional funds in Global and would require repay-
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tober 24.
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spiring with Gowins and Mark, Caulfield set in motion his plan to
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(1) Popovic had only agreed to respond on October 24, not to attend a meet-
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ing of Globals board of directors, and (2) Globals Board of Directors had
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not yet been formed as specified by the Operating Agreements Article Five.
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would consist of (1) Popovic, (2) Caulfield, (3) two members appointed by
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Popovic, (4) two members appointed by Caulfield, and (5) a seventh director
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ment Directors, while Caulfield and the directors appointed by him are
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nated jointly, Section 5.2(b) does not specify a method of designating the
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five (5) directors for the Board of Directors to transact business. That quo-
rum must consist of at least two Management Directors and at least two
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called Board meeting after the first call, the meeting will be re-noticed a
second time [sic] for one week after the first call and the quorum for the
transaction of business of the Board after the second call shall be any four
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Kercsmar & Feltus PLLC
6263 North Scottsdale Road, Suite 320
Scottsdale, Arizona 85250
(480) 421-1001
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Investor Directors and the seventh director, Caulfield ignored Popovics re-
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quests.
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As just one example, the Operating Agreement requires Popovic and Caul-
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Popovic, as CEO, was charged with setting up the D&O Insurance. Popovic
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found a policy and began the application paperwork. But the application re-
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quired Global to provide the names of its directors and officers. Well before
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the October 23, 2011 meeting, Popovic asked for Caulfield to name the In-
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minded Caulfield that Global had not yet established a Board of Directors
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so no quorum of that body was possible. Popovic also told Caulfield that
given the short notice and prior business engagements, Popovic, too, could
not meet on October 24. Popovic again demanded to know the identities of
would provide Popovic with the minutes of the meeting. Caulfield again
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Kercsmar & Feltus PLLC
6263 North Scottsdale Road, Suite 320
Scottsdale, Arizona 85250
(480) 421-1001
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Popovic still does not know whether any meeting took place on
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October 24, 2011, and if a meeting did take place, who attended the meeting
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to the BOD meeting called last Monday October 24, 2011 allowed within
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section 5.3(a). Also stipulated with that section, this email serves as the re-
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notice to reset the BOD meeting for this coming Monday, October 31, 2011
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would be happy to meet with Caulfield in person, but that no Board of Di-
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rectors meeting could take place for the simple reason that a quorum of
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rate email message on October 31, 2011, with an attached letter. The letters
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subject line was, Re: Notice re Action Taken at October 31, 2011 Greyside
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President and Chief Executive Officer of Global, with pay, pending an inves-
tigation into your use of corporate funds. The letter then purported to
During the period of your suspension (and thereafter, as appropriate), you are not to conduct any company business.
This restriction includes, but is not limited to, refraining
from contacting Global clients, suppliers, vendors, and/or
employees for any business-related purpose. In addition,
your Global email and telephone access will be suspended
during this time, as well as your access to Global corporate
accounts and funds (e.g., Globals credit cards). We remind
you of the non-compete, non-solicitation, and nondisparagement provisions contained in section 3 of your Senior Management Agreement. We will contact you on
conclusion of the investigation.
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Kercsmar & Feltus PLLC
6263 North Scottsdale Road, Suite 320
Scottsdale, Arizona 85250
(480) 421-1001
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Though unsigned, the letter purported to come from The Board of Direc-
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not legally or factually valid because (1) Global does not yet have a quorum
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of directors, such that the Board of Directors can act, and (2) even so, a quo-
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rum of the Board of Directors was not present at the meeting on October 31,
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2011.
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letter of October 31 was taken by Caulfield, Gowins, and Mark in their pur-
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and Password.
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count with Network Solutions, he had allowed Mark, Globals CIO, to learn
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his Username and Password for limited purposes that Popovic authorized.
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account Username and Password had been changed without proper authori-
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Mark and not by Popovic, Defendants still have full use of the companys
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email systems, Internet domain name and website, while the accounts
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physical control of the companys server, and now have complete control of
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and email to freeze Popovic out of the company and to mislead Globals cus-
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tomers, prospective customers, vendors and the public at-large that Popovic
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has been suspended and has no authority to represent Global. In these ac-
Board of Directors.
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tercepting and reading all email messages sent to Popovics company email
account.
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Operations. Both Lamb and Ferguson told Popovic that Gowins had sent an
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contact with Popovic. Gowins also asked Ferguson to call him because Go-
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wins was setting up the new power and control arrangement for Global.
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duled for 9 a.m. on November 1, 2011, and that Caulfield, Gowins, Mark,
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After learning that the Caulfield, Gowins, and Mark were plan-
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Mark, and Geissinger and informed them that he had terminated their em-
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povic by email message. The letter purports to affirm the purported Board of
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Directors action of October 31, 2011, and also accused Popovic of vague,
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and Mark had caused Global to open new company bank accounts without
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accounts even though Defendants were not listed as signatories on those ac-
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and customers and told them to direct all outstanding and future payments
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Global and have rebranded all company communications with clients and
vendors.
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Popovic has also learned that Caulfield and Gowins have con-
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tacted Globals vendors and customers to falsely tell them that Popovic has
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fusion and concern with Globals customers, which has directly caused
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Caulfield, Gowins, and Mark, NSB, one of Globals largest shipping clients,
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clients, informed Popovic that it would award a service order worth approx-
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Globals inability to quickly mobilize personnel as the reason for not award-
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wherein Caulfield falsely stated that Popovic does not have authority to
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LLC, informed Popovic and Global that it would hold off on doing further
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case of an emergency, has deprived them of funds needed for legitimate op-
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erating expenses such as extraction travel, and has deprived the companys
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and Eight, was the only other employee of Global with the military know-
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ledge and know-how that is necessary to place and operate teams of security
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tions. Of particular note, Ferguson pointed out the obvious danger posed by
nication with the deployed men by denying me access to [Global] email. This
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panys travel agency. This restriction had deprived Ferguson of the necessary
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the teams in the field were not receiving proper support and assurances of
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safety.
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35), which, among other things, preserved the status quo by affirming Po-
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enjoining Defendants from taking any further action in the name of Globals
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board of directors.
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103. Since filing their original Complaint, and only after the TRO was
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entered, Plaintiffs learned that Caulfield, Mark, and Geissinger have formed
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104. Allied Guardian lists its address as 9850 Irvine Center Drive, Irvine, CA 92618the same address as Caulfields company TrustCommerce.
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105. On November 17, 2011the day after this Court entered the
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businesses.
meeting at the request of Caulfield and Mark for the purpose of persuading
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NSB Shipping to cancel its contract with Global and move its business to
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competing business.
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110. Kirsop-Taylors business card lists the address for Guardian Ma-
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ritime Services as 20, Birchin Lane, London EC3V 9DU and the company
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phone number as +44 (0) 207 2837922. These are the same London address
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and telephone number used by Global for its European business dealings.
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111. On information and belief, Caulfield, Gowins, and Mark are us-
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ing Globals customer list and contacts to solicit business for their competing
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business.
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112. On information and belief, Caulfield, Gowins, and Mark are us-
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ing Globals pricing models and know-how to solicit Globals customers and
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trade secrets because they derive independent value from not being generally
115. On December 14, 2011, NSB Shipping canceled its Master Ser-
vices Agreement with Global, thereby ending its business relationship with
Global altogether.
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117. NSB Shipping canceled its Master Services Agreement with Glob-
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for maritime security firms like Global to market themselves and develop
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business.
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120. Before the events described above, Global had planned to spon-
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sor the Maritime Security Tradeshow. This sponsorship, which would have
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cost Global about 30,000, would have given the company months of pub-
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licity throughout Europe and exposed Global to many potential new clients.
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plans to sponsor the tradeshow and were also aware that the tradeshow is
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potential clients.
employee.
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ment Agreement.
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devote his efforts and substantially all of his business time and atten-
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provided that such activities do not interfere with the fulfillment of Execu-
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erally prohibits Mark from using Globals and GSGs trade secrets or
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Kercsmar & Feltus PLLC
6263 North Scottsdale Road, Suite 320
Scottsdale, Arizona 85250
(480) 421-1001
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Greyside Global LLC Operating Agreement Dated June 29, 2011 (the
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COUNT ONE
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owe fiduciary duties of utmost care and loyalty to Global and the members
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owe a duty to Global and the members and other Directors of Global not to
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owe a duty to Global and the members and other Directors of Global to deal
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with the companys assets, employees, and members in utmost good faith
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and honesty.
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137. Caulfield, Gowins and Mark have breached their fiduciary duties
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138. Caulfield, Gowins and Mark have sought to directly harm GSG
139. Caulfield, Gowins and Mark have breached their fiduciary duties
to Global, GSG and Popovic by, among other things, (1) cutting off his sala-
ry and other compensation; (2) blocking his ability access his company email
account; (3) establishing new bank accounts and trying to cause customers
and vendors to deposit company funds into accounts that are completely
controlled by them; (4) seizing control of Globals Internet domain name and
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the companys server; (5) holding themselves out improperly as Globals du-
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and (6) accusing Popovic of misusing company funds as a pretext for termi-
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140. The illegal acts were undertaken ultra vires and without the input
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and CEO.
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effort to seize control of Global and to prevent GSG and Popovic from hav-
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ing any further meaningful participation in and benefit from the company.
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142. The ultra vires acts of Caulfield, Gowins and Mark are, at a min-
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imum, grossly negligent and were taken without due regard for the
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consequences of their conduct, or were taken with the actual intent to direct-
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143. The ultra vires acts of Caulfield, Gowins and Mark have in fact
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Globals business.
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144. These ultra vires acts have already harmed Global by damaging
its reputation and customer goodwill, and has caused at least one customer
145. These ultra vires acts also threaten the life, health, and safety of
Mark have caused significant confusion about the companys chain of com-
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Popovic.
147. Defendants wrongful actions are oppressive to GSG and Popov-
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ic.
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breached their fiduciary duties of loyalty to Global by, among other things,
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149. Caulfield, Gowins, and Mark have breached their fiduciary duties
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to Global by, among other things, interfering with Globals business relation-
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ship with NSB Shipping with the intent, on information and belief, to induce
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breached their fiduciary duties by using Globals goodwill, office space, con-
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tractors, and other company assets to compete with Global and benefit
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breached their fiduciary duties by using Globals trade secrets and know-
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and value of Global, and are causing direct harm to Globals majority owner,
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154. Defendants bad acts have caused Globals largest and most im-
portant client, NSB Shipping, to cancel its Master Services Agreement and
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Kercsmar & Feltus PLLC
6263 North Scottsdale Road, Suite 320
Scottsdale, Arizona 85250
(480) 421-1001
153. All of Defendants wrongful actions are made in bad faith and as
155. Defendants bad acts have caused Laeisz Shipping and Sea Team
Shipping, two other Global clients, to cease doing business with Global.
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156. Caulfield, Gowins and Mark have committed these acts with the
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willful intent to cause harm directly to Popovic and GSG. The acts are ex-
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treme and outrageous and can only be intended to cause severe economic
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ranted in this case to punish Defendants bad acts and to stop others in a
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157. Because this matter arises out of contract (i.e., the Operating
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entitled to their reasonable costs and attorneys fees, with interest on all such
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fees and costs at the rate of ten percent (10%) per annum pursuant to A.R.S.
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C O U N T T WO
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that all information learned by him during the course of his employment will
bited him from using or disclosing confidential company information for any
to devote his efforts and substantially all of his business time and atten-
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provided that such activities do not interfere with the fulfillment of Execu-
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with the businesses of the Greyside Group by offering maritime security ser-
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with, or modify its business relationship with, Global, or in any way inter-
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fere, in any material respect, with the relationship between any such
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mentto cease doing work for Global and instead, on information and
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belief, devote his time doing business development for a competing business
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making any statement that disparages Global, Popovic, GSG, any other affi-
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liated entity. He his further prohibited from making any statement which
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reflects negatively upon Global, Popovic, GSG, any other affiliated entity, in-
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affiliates.
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Globals customers and suppliers and making statements that disparage Po-
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vere harm to Globals and Popovics goodwill and have caused Global to
174. Defendants bad acts have caused Laeisz Shipping and Sea Team
Shipping, two other Global clients, to cease doing business with Global.
Global in an amount to be proved at trial, but not less than $10 million by
176. Because this matter arises out of contract (i.e., the Employment
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reasonable costs and attorneys fees, with interest on all such fees and costs
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at the rate of 10% per annum pursuant to A.R.S. 44-1204(a), from the
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COUNT THREE
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(Tortious Interference with Management AgreementPopovic Against Caulfield, Gowins and Mark)
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engaged in any conduct that would constitute Cause for termination under
and no meeting of the Board of Directors has been held where a quorum has
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been present, the Board of Directors could not have made an determination
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in its good faith judgment that Popovic should be terminated and/or sus-
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acts.
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188. Caulfield, Gowins and Mark have committed these acts with the
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willful intent to cause harm directly to Popovic. The acts are extreme and
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outrageous and can only be intended to cause severe economic harm to Po-
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case to punish their bad acts and to stop others in a similar position from
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189. Because this matter arises out of contract (i.e., the Management
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his reasonable costs and attorneys fees, with interest on all such fees and
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costs at the rate of ten percent (10%) per annum pursuant to A.R.S. 44-
COUNT FOUR
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Kercsmar & Feltus PLLC
6263 North Scottsdale Road, Suite 320
Scottsdale, Arizona 85250
(480) 421-1001
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196. The illegal acts were undertaken ultra vires and without the input
and CEO.
als customers and vendors, which has damaged the companys and Popovics
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effort to seize control of Global and to prevent GSG and Popovic from hav-
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ing any further meaningful participation in and benefit from the company,
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and when that failed, to set up a competing business that would poach all of
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Globals clients.
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199. These acts have harmed Global by damaging its reputation and
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customer goodwill, and have caused NSB Shipping, to cancel a services con-
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tract with the company worth approximately $130 thousand, and, following
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that, its entire Master Services Agreement with Global. Two other customer,
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Laeisz Shipping and Sea Team Shipping, also ceased its dealings with Global.
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200. These acts have harmed Global by damaging its reputation and
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vendor goodwill, and has caused at least three vendors, Canadian Sea Mar-
21
shalls, Network Solutions and Fortis LLC, to freeze Globals account and
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23
201. These acts have harmed Global by damaging its reputation and
24
employee goodwill, and has caused at least one officer and employee
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NSB Shipping to cancel its contract with Global, in ending potential business
with Laeisz Shipping and Sea Team Shipping, in causing Canadian Sea Mar-
Global, and GSG by destroying the companys relationship with its largest
client, NSB Shipping, as well as with Laeisz Shipping and Sea Team Ship-
ping.
205. Defendants conduct has destroyed Globals, GSGs, and Popov-
10
Kercsmar & Feltus PLLC
6263 North Scottsdale Road, Suite 320
Scottsdale, Arizona 85250
(480) 421-1001
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al and GSG.
208. There is no commercial justification for Defendants wrongful
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19
acts.
20
209. Caulfield, Gowins and Mark have committed these acts with the
21
willful intent to cause harm directly to Plaintiffs. The acts are extreme and
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24
case to punish their bad acts and to stop others in a similar position from
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34
COUNT FIVE
10
revenue in the form of salary, bonuses, member distributions, and other ben-
11
efits.
12
213. Caulfield, Gowins and Mark have wrongfully diverted these ben-
13
efits from GSG and Popovic and exerted dominion over them for their own
14
use.
15
214. Caulfield, Gowins, and Mark have converted GSGs and Popov-
16
ics monies and property by, among other things, (1) cutting off Popovics
17
salary and other compensation; (2) blocking his ability access his company
18
email account; (3) establishing new bank accounts and trying to cause cus-
19
tomers and vendors to deposit company funds into accounts that are
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21
main name and the companys server; and (5) holding themselves out
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23
24
breaches numerous fiduciary and other duties owed to Global, GSG and Po-
25
povic.
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35
217. All of Defendants wrongful actions are made in bad faith, as fiduciaries of Global and GSG.
218. Caulfield, Gowins and Mark have committed these acts with the
willful intent to cause harm directly to Popovic and GSG. The acts are ex-
treme and outrageous and can only be intended to cause severe economic
ranted in this case to punish Defendants bad acts and to stop others in a
219. Because this matter arises out of contract (i.e., the Operating
10
11
entitled to their reasonable costs and attorneys fees, with interest on all such
12
fees and costs at the rate of ten percent (10%) per annum pursuant to A.R.S.
13
14
COUNT SIX
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222. Each Defendant has committed one or more unlawful acts, as de-
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22
23
223. Caulfield, Gowins and Mark have each individually breached fi-
24
duciary duties owed to Global, GSG and Popovic, and committed these
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them of money and property rights that rightly belong to them. Defendants
conduct has also harmed Plaintiffs reputations and damaged their goodwill
227. All of Defendants wrongful actions are made in bad faith, as fiduciaries of Global and GSG.
10
228. Caulfield, Gowins and Mark have committed these acts with the
11
willful intent to cause harm directly to Popovic and GSG. The acts are ex-
12
treme and outrageous and can only be intended to cause severe economic
13
14
ranted in this case to punish Defendants bad acts and to stop others in a
15
16
229. Because this matter arises out of contract (i.e., the Operating
17
18
341 and 12-341.01, Plaintiffs are entitled to their reasonable costs and at-
19
torneys fees, with interest on all such fees and costs at the rate of ten percent
20
(10%) per annum pursuant to A.R.S. 44-1204(a), from the date of any
21
22
COUNT SEVEN
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37
their fiduciary duties, converted Plaintiffs property to their own use, and
rights.
ey and property rights, but also through harm to Plaintiffs reputations and
10
Kercsmar & Feltus PLLC
6263 North Scottsdale Road, Suite 320
Scottsdale, Arizona 85250
(480) 421-1001
11
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236. Caulfield, Gowins and Mark have committed these acts with the
14
willful intent to cause harm directly to Popovic and GSG. The acts are ex-
15
treme and outrageous and can only be intended to cause severe economic
16
17
ranted in this case to punish Defendants bad acts and to stop others in a
18
19
237. Because this matter arises out of contract (i.e., the Operating
20
21
341 and 12-341.01, Plaintiffs are entitled to their reasonable costs and at-
22
torneys fees, with interest on all such fees and costs at the rate of ten percent
23
(10%) per annum pursuant to A.R.S. 44-1204(a), from the date of any
24
25
COUNT EIGHT
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1
2
ments Act, DEL. CODE TIT. 10, for a judicial declaration that:
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Kercsmar & Feltus PLLC
6263 North Scottsdale Road, Suite 320
Scottsdale, Arizona 85250
(480) 421-1001
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ble;
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39
10
11
240. Because this matter arises out of contract (i.e., the Operating
12
13
341 and 12-341.01, Plaintiffs are entitled to their reasonable costs and at-
14
torneys fees, with interest on all such fees and costs at the rate of ten percent
15
(10%) per annum pursuant to A.R.S. 44-1204(a), from the date of any
16
17
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21
Global LLC, and Aleksandar Alex Popovic (Popovic) pray for judgment
22
23
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25
wins and Jane Doe Gowins (Gowins), and Chris Mark and Jane
26
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i.
in
ii.
Global,
LLCs
Operating
Agreement,
or
has been suspended, terminated, or has otherwise limited authority to act as Globals President and CEO;
10
11
Kercsmar & Feltus PLLC
6263 North Scottsdale Road, Suite 320
Scottsdale, Arizona 85250
(480) 421-1001
Greyside
iii.
12
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14
iv.
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v.
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22
vi.
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vii.
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viii.
3
4
i.
ii.
iii.
10
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12
iv.
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v.
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21
vi.
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voidable;
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vii.
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42
ix.
8
9
10
Kercsmar & Feltus PLLC
6263 North Scottsdale Road, Suite 320
Scottsdale, Arizona 85250
(480) 421-1001
viii.
x.
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12
al, but not less than the amount of $10 million for Defendants
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19
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21
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23
F. Awarding pre-judgment and post-judgment interest to the extent allowable by law; and
G. Awarding such other and further relief as the Court deems just and
proper.
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43
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3
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5
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7
8
9
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44
1
2
3
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5
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7
8
9
10
Kercsmar & Feltus PLLC
6263 North Scottsdale Road, Suite 320
Scottsdale, Arizona 85250
(480) 421-1001
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14
CE RT I F I CAT E O F S E RV I C E
I certify that on January 5, 2012, I electronically transmitted the foregoing
to the Clerks Office using the CM/ECF System for filing and transmittal of a
Notice of Electronic Filing to the following:
Karla J. Kraft
Hodel Briggs Winter LLP
8105 Irvine Center Drive, Suite 1400
Irvine, California 92618
kkraft@hbwllp.com
amerlo@hbwllp.com
Joel P. Hoxie
Joseph G. Adams
Snell & Wilmer
One Arizona Center
400 East Van Buren Street, Suite 1900
Phoenix, Arizona 85004
jgadams@swlaw.com
jhoxie@swlaw.com
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