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MAY 04 ZQ11
IN THE lJNITED STATES DISTRICT COURT
ATLANTA DIVISION
TCE~
)
JOI WATTS, )
)
Plaintiff, ) CIVIL ACTION
~IL~l. · cV-I 45 0
)
)
v. )
)
JOHN DOE and/or GEORGE REED, )
JPMORGAN CHASE )
BANK, and EBA Y INC., )
)
Defendants. )
In support of this action, Plaintiff respectfully shows the court the following:
Case 1:11-cv-01450-TCB Document 1 Filed 05/04/11 Page 2 of 12
PARTIES
1.
2.
George Reed, upon information and belief, has been a resident of the State
of Ohio and, upon information and belief, can be served according to law at
3.
4.
2
Case 1:11-cv-01450-TCB Document 1 Filed 05/04/11 Page 3 of 12
second original at 2145 Hamilton Avenue, San Jose, Santa Clara County,
California 95125.
JURISDICTIONNENUE
5.
6.
FACTS
7.
8.
representing the sale price of$10,000.00 and shipping and handling fee of
3
Case 1:11-cv-01450-TCB Document 1 Filed 05/04/11 Page 4 of 12
9.
associated with some types of fraud" and that Plaintiff was "enrolled in the
10.
INC., Plaintiff initiated two wire transfers on April 1, 2011, each in the
personal bank account along with two wire transfer fees totaling the sum of
$50.00.
11.
the 2007 Lexus GS350 automobile that she contracted to purchase, nor has
she received reimbursement of the funds that she expended in reliance upon
the contract.
Case 1:11-cv-01450-TCB Document 1 Filed 05/04/11 Page 5 of 12
12.
Plaintiff further shows that since the beginning of April, she has
$10,200.00 sum be immediately returned to her, but each of her efforts have
proven unsuccessful.
13.
CAUSE OF ACTION
COUNT I
BREACH OF CONTRACT
14.
15.
16.
allowed the Defendants to receive the benefit of the bargain, while leaving
17.
which caused damages in an amount to be proven at trial, but not less than
$25,000.00 and the Defendants should be held jointly and severally liable for
said sum.
18.
Defendants.
COUNT II
UNJUST ENRICHMENT
Chase Bank
19.
20.
John Doe and/or George Reed and JPMorgan Chase Bank conferred a
benefit upon said Defendants for which equity requires said Defendants to
COUNT III
FRAUDIMISREPRESENTATION
21.
22.
23.
than $25,000.00 and the Defendants should be held jointly and severally
COUNT IV
PUNITIVE DAMAGES
24.
25.
jointly and severally in an amount to be proven at trial but not less than
$100,000.00.
8
Case 1:11-cv-01450-TCB Document 1 Filed 05/04/11 Page 9 of 12
COUNT V
ATTORNEY FEES
26.
27.
The Plaintiff was forced to hire an attorney and has incurred legal
28.
The Defendants have acted in bad faith, have been stubbornly litigious
COUNT VI
29.
9
Case 1:11-cv-01450-TCB Document 1 Filed 05/04/11 Page 10 of 12
30.
of said funds.
31.
made.
32.
Chase Bank to immediately pay the funds at issue into the registry of the
10
Case 1:11-cv-01450-TCB Document 1 Filed 05/04/11 Page 11 of 12
Court. Otherwise, Plaintiff shows that she will likely suffer irreparable
injury in that Defendants will likely spend, exhaust, hide or waste the funds
at issue before the Court can make a proper determination of the entitlement
of said funds.
provided by law;
named herein;
severally;
11
Case 1:11-cv-01450-TCB Document 1 Filed 05/04/11 Page 12 of 12
in Count VI hereinabove;
(i) The Court grant to Plaintiff such other and further relief as the
~
ULICE (TREY) SAULS III
Georgia Bar No. 100137
Attorney for Plaintiff
/
~~~~~-
~ . OXENDINE
Georgia Bar No. 142313
Attorney for Plaintiff
1815 Satellite Blvd.
Suite 304
Duluth, GA 30097
770-497-8688
12