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					 No.   //t:7'?&J~d/5
 Dept.   =-Z""-         _




                               In the First Judicial District Court of the State of Nevada
                                                  In and for Carson City


 STATE OF NEVADA, by and through                                                          SUMMONS                           ,
 ROSS MILLER, its Secretary of State                                                      ON FIRST AMENDED COMPLAINT!
                                                                                                                            I




                                         Plaintiff,
                  vs.

CITIZEN OUTREACH,

                                        Defendant.              I

                        THE STATE OF NEVADA SENDS GREETINGS TO THE ABOVE-·NAMED DEFENDANT:

NOTICE! YOU HAVE BE;EN SlUED. THE COURT MAY DECIDE AGAINST YOU WITHOUT YOUR BEING
HEARD UNLESS YOU RESPOND WITHIN 20 DAYS. READ THE INFORMATION BELOW.

TO THE DEFENDANT: A civil Complaint has been filed by the plaintiff agaInst you.
 1. If you wish to defend this lawsuit, you must within 20 days after this Summons is served on you, exclusive of the day of
service, file with this Court a written ph~ading in response to this Complaint.
2. Unless you respond, your default will be entered upon application of the plaintiff, and this Court may enter a jUdgment against
you for the relief demanded in the Complaint", which could result in the taking of manley or property or the relief requested in the
Complaint.
3. If you wish to seek the advice of an attorney in this matter, you should do so promptly so that your response may be filed on
time.
4. You are required to serve your response upon plaintiffs attorney, whose address is

KEVIN BENSON
OFFICE OF THE ATTORNEY GENERAL
100 NORTH CARSON STREET                                                                          ALAN GLOVER
CARSON CITY, NV 89701-4717
(775) 684-1114
                                                                                         By ~                    Clerk of Court


                                                                                             .   : .j   ,:'      Deputy Clerk
Date: NOVEMBER              _......J,&.'-'~,;C..._/._~      .   2011.

*Note - When service by publication,                     insert a brief statement of the object of the action.   See Rule 4.

                                                RETURN OF SERVICE ON REVERSE
                                                   I
                                                                                             SIDE
                   1   CATHERINE CORTEZ MASTO
                       Attorney General
                   2   KEVIN BENSON
                       Deputy Attorney General
                   3   Nevada Bar No. 9970
                       Attorney General's Office
                   4   100 North Carson Street
                       Carson City, Nevada 89701-4717
                   5   (775) 684-1114
                       Attorneys for Plaintiff
                   6
                   7

                   8                       IN THE FIRST JUDICIAL DISTRICT COURT OF NEVADA
                   9                                        IN AND FOR CARSON CITY
                10
                                                                 I
                11     STATE OF NEVADA, by and through ROSS                      CASE NO. 11 OC 0036018
                       MILLER, its SECRETARY OF STATE,
                12                                                               DEPT. NO. II
                                          Plaintiff,
                13 '                                                             FIRST AMENDED
                                                                                 VERIFIED COMPLAINT FOR CIVIL
                       vs.
                14                                                               PENALTIES
                       CITIZEN OUTREACH,           INC.,
                15                                                               Arbitration Exemption claimed:
                                          Defendant.                             Rule 3(A) - Public Policy
                .16
                17            Plaintiff, State of Nevada, by and through Ross Miller, its Secretary of State, by and

                18     through counsel, Catherine Cortez Masto, Attorney General for the State of Nevada, and

                19     Kevin Benson, Deputy Attorney General, complains and al/eges as follows:

                20                                                         PARTIES

                21            1.       Plaintiff Ross Miller is the duly elected Secretary of State and in that capacity is

                22     the Chief Elections Officer, charged Wifh enforcing the elections laws of the State of Nevada.

                23
                              2.       Defendant       CITIZEN OUTREACH          is a Virginia non-profit corporation.

                24
                                                            JURISDICTION AND VENUE

                              3.       This Court has jurisdiction        pursuant to Nev. Const. Art. 6, § 6.
                25
                              4.       Venue is proper in the First Judicial District Court pursuant to NRS 294A.410
                26
                27     and 294A.420.                                 I,
  OIfl.-.11h.28        III/
Attorney General
100 N. ClI$on Sl                                                                1
Carson City, NV •
   89701-4717
                          1                                        GENERAL ALLEGATIONS

                          2             5.     Defendant CITIZEN OUTREACH published and disseminated, or caused to be
                          3      published and disseminated, two flyers that it mailed or caused to be mailed to voters in Clark
                          4      County during the 2010 general election cycle.
                          5            6.     One flyer begins with the bold-typed sentence: "Nice work if you can get it"
                      6         ("Nice Work Flyer"). It then states: "Assemblyman John Oceguera, a public employee, has
                      7         gamed the system to retire at age 48 with $135,000 salary plus benefits." Near the bottom, in
                      8         bold type, the flyer reads: "He's sticking us with the bill." The reverse side of the flyer shows
                      9         an image of a man with a laptop computer sitting beside a pool. In large letters at the top, it
                     10         states: "John Oceguera - Milking the Taxpayer Double Pay with Retirement at Age 48!" The
                     11        flyer goes on to discuss tax increases Mr. Oceguera voted for, and to describe his
                     12        employment as a North Las Vegas firefighter. The flyer concludes with: "It's time to tell John
                     13        Oceguera that he needs to work like the rest of us!" Exhibit 1, Nice Work Flyer.
                     14                7.     The front of the second flyer in large type states: ·"While Nevada is Buming,
                     15        Assemblyman John Oceguera Fiddles" ("Fiddling Flyer"). The flyer asserts: "Nevada leads
                     16        the nation in unemployment. While our neighbors suffer, Assemblyman John Oceguera, has
                     17        spent his time sponsoring trivial bills, voting for tax hikes and enriching himself as a public
                     18        employee." The reverse side of the flyer repeats this assertion, and also asserts that Mr.
                     19.      Oceguera is "Getting Fat off the Taxpayers" and lists what the authors call "Worthless 'busy
                     20       work' legislation." The flyer concludes: "We don't need any more fiddling from John
                 21           Oceguera!" Exhibit 2, Fiddling Flyer.
                 22                   8.     The Fiddling Flyer and the Nice Work Flyer constitute express advocacy
                 23           because there is no reasonable interpretation of these communications other than as an
                 24           appeal to vote for or against a clearly identified candidate on the ballot. By spending money to
                 25           design, print, and distribute the flyers, CITIZEN OUTREACH has made an "expenditure" as

                 26           defined in NRS 294A.004.
                 27           III/

  OIIiceoflh.    28           /III
Attorney General
100 II. Carson St.
 Carson City, NY                                                                2
   89701-'1711
                          1               9.       Defendant CITIZEN OUTREACH             has not made any reports to the Secretary of

                          2    State regarding its contributions       or expenditures.      See NRS 294A.140;     NRS 294A.210.

                          3               10.      Plaintiff is informed and believes and on that basis alleges that Defendant

                          4    CITIZEN OUTREACH,               paid Bieber Communications       and possibly other parties to design,

                          5    produce and print the flyers, and also caused payment to be made                to the   U.S. Postal Service

                          6    to mail the flyers, and that these payments exceeded $100.

                          7               11.      Plaintiff has notified Defendant CITIZEN OUTREACH,           that it has failed to file

                      8        reports of its contributions      and expenditures   pursuant to NRS 294A.140 (contributions) and

                      9        294A.210 (expenditures).          See Exhibit 3, attached hereto.

                     10                   12.      Defendant   CITIZEN OUTREACH          has not as of this date filed any of the required

                     11        reports.

                     12                                                FIRST CLAIM FOR RELIEF

                     13                             Failure to File Contribution    and Expense Report (Report #3)

                     14               13.         Defendant    CITIZEN OUTREACH,          by paying to have the Fiddling Flyer and the

                     15       Nice Work Flyer created and distributed, made expenditures                during the 2010 general election

                     16       which the Plaintiff is informed and believes were in excess of $100.

                     17               14.         Defendant    CITIZEN OUTREACH          has failed to file a contribution and expense

                     18       report ("C~E Report") for the period beginning January 1, 2010 through December 31, 2010,

                     19       which was due on January 15, 2011, as required by NRS 294A.140(1)                   and NRS 294A.210(1).

                     20               15.         Defendant    CITIZEN OUTREACH          is therefore subject to a civil penalty of $5,000

                     21       pursuant to NRS 294A.420(2)           and (3), plus attorneys fees and costs.

                     22                                              SECOND CLAIM FOR RELIEF

                 23                                Failure to File Contribution     and Expense Report (Report #2)

                 24                   16.         Defendant    CITIZEN OUTREACH,         by paying to have the Fiddling Flyer and the

                 25           Nice Work Flyer created and distributed, made expenditures               during the 2010 general election

                 26           which the Plaintiff is informed and believes were in excess of $100.
                 27                   17.         Defendant    CITIZEN OUTREACH          has failed to file a C&E Report for the period

  Office 01 the  28           beginning        11 days before the primary election through 12 days before the general election,
AIIomey Gener.1I
IDD N. Carson St.
ClIISon   CIty. NV                                                                   3
   89101-4117
                   1   which was due on October 26,2010, as required by NRS 294A.140(4)(b) and

                   2   NRS 294A.210(3)(b).
                   3          18.    Defendant CITIZEN OUTREACH is therefore subject to a civil penalty of $5,000

                   4   pursuant to NRS 294A.420(2) and (3), plus attorneys fees and costs.
                   5                                      THIRD CLAIM FOR RELIEF
                   6                                            Injunctive Relief
                   7          19.    Defendant CITIZEN OUTREACH has not, to date, filed any C&E reports, as

                   8   required by law.
                   9          20.    Injunctive relief is necessary to require Defendant to provide the information

                10     required by statute.
                11            WHEREFORE, Plaintiff prays for judgment in favor of Plaintiff and against Defendant

                12     as follows:

                13            1.     For civil penalties pursuant to NRS 294A.420 in an amount of $5,000 for failure

                14     to file C&E Report #2 in violation of NRS 294A.140 and NRS 294A.210;

                15            2.     For civil penalties pursuant to NRS 294A.420 in an amount of $5,000 for failure

                16     to filed C&E Report #3 in violation of NRS 294A.140 and NRS 294A.210;

                17            3.     For an injunction requiring Defendant to file its C&E Reports pursuant to NRS

                18     294A.140 and 294A.210;
                19            4.     For Plaintiff's attorneys' fees and costs pursuant to NRS 294A.420(2); and,

                20            5.     For such other and further relief as the Court deems just and proper.

                21            DATED this      :;:0   day of November 2011.

                22                                                      CATHERINE CORTEZ MASTO
                                                                        Attorney General
                23
                                                                              ~            ~
                24                                                      By:~
                                                                           -=~K=E~V='N~B=E~N~S=O=N~---------
                25                                                            Deputy Attorney General
                                                                              Bar No. 9970
                                                                              Attorney General's Office
                26                                                            100 North Carson Street
                                                                              Carson City, Nevada 89701-4717
                27                                                            Attorneys (or Plaintiff
                                                                              ROSS MILLER, Secretary of ~tate
  Officaofthe   28
Attorney General
100H. Cmon SL                                                          4
Carson City, HV
  89101-4717
                     1                                            VERIFICATION

                     2    STATE OF NEVADA            )
                                                     : ss.
                     3    CARSON CITY                )
                     4           I, SCOTT GILLES, being first duly sworn, depose and state, under penalty of perjury,

                     5    the following:
                     6           That I am the Deputy Secretary of State for Elections for the Plaintiff in the above-

                     7    entitled action; that I have read the foregoing FIRST AMENDED VERIFIED COMPLAINT FOR
                     8    CIVIL PENALTIES and know the contents thereof; that the same is true of my own knowledge
                     9    or based upon the papers on file in my office, save and except for the matters therein that are
                    10    stated upon information and belief, and as to those matters, I believe them to be true.
                    11           That the exhibit attached as Exhibit 3 to the FIRST AMENDED VERIFIED COMPLAINT
                     12   is a true and correct copy of a letter sent by the Secretary of State's Office to Defendant
                     13
                          CITIZEN OUTREACH.
                    14
                                 DATED this    II+n     of November, 2011.
                    15
                    16
                     17                                                    SCOTT GILLES

                     18

                    19
                          SIGNED and SWORN to before me
                 20       this 11ft{. day of November, 2011
                          by scan GILLES.
                 21


                 :~~~
                 24
                 25
                 26
                 27

   OfrlCeolthe 28
'llomey Genenl
100 N. CatscfI Sl                                                         5
ellISon   City, NV
  8970t-l717

				
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