STATE OF _____________ COUNTY OF _________ COURT OF ________ ) Complaint to Pierce LLC veil ____________________ ) ) Plaintiff ) ) v. ) ) ____________________, LLC ) ) Defendant. ) ) ______________________________) COMES NOW the Plaintiff and for his claim against the Defendants [LLC and specified members 1 and 2] states and alleges as follows: 1. At all times relative to this Complaint, Plaintiff was and remains, a resident of _______________. 2. At all times relative to this Complaint, Defendant LLC was, a limited liability company organized under the law of the state of __________ with its principal place of business in this state. 3. At all times relevant to this Complaint, Defendant member 1 was, and remains a resident of ______________. 4. At all times relevant to this Complaint, Defendant member 2 was, and remains a resident of ______________. 5. This Court has jurisdiction over the parties and subject-matter of this action. Venue is proper in this Court. 6. Defendant LLC was organized by Defendant member 1 under the laws of the State of ____________ on or about __________. 7. Plaintiff herein has reason to believe, and therefore alleges that the members 1 and 2 in Defendant limited liability company are members of Defendant LLC and that other persons or entities are also members the identity of which is unknown or unascertainable. 8. Plaintiff has reason to believe, and therefore alleges that Defendant members 1 and 2 are officers and managers of Defendant LLC. 9. Since the date of its organization, Defendant LLC has been a mere shell and alter ego of Defendant members 1 and 2. 10. Since the date of its organization, Defendant LLC and its members, officers, and managers including Defendant members 1 and 2, have failed to observe the requisite limited liability company formalities, including, but not limited to: (a) Failing to maintain and treat the limited liability company as a separate entity from the members, officers and managers, including Defendant members 1 and 2; (b) Failure to segregate the assets of Defendant LLC from those of Defendant members 1 and 2; (c) Treatment of limited liability company assets as if they were the private assets of the members, officers, and managers, including Defendant members 1 and 2. (d) Failure to observe the requisite limited liability company formalities, including failure to conduct annual member meeting, failure to conduct regular board meetings, and failing to maintain an entity minute book; (e) Failure to adequately capitalize Defendant LLC resulting in the undercapitalization of Defendant LLC; (f) Concealment and diversion of limited liability company assets to the detriment of creditors of Defendant LLC; (g) The officers and managers of Defendant LLC, including Defendant members 1 and 2, have knowingly and intentionally paid debts and obligations of Defendant LLC with drafts and check drawn on accounts in which Defendant LLC had insufficient funds to cover such draws; (h) Defendant member 1, and officer and manager of Defendant LLC, has held her/himself out as being personally liable for the debts of Defendant LLC in other business transactions of Defendant LLC; (i) Defendant LLC, and its officers and managers, including Defendant members 1 and 2, have intentionally and knowingly concealed and misrepresented the identity of the members in Defendant LLC, the identity of the managers and officers of Defendant LLC, and the identity of persons or entities with a financial interest in Defendant LLC; and (j) The managers and officers of Defendant LLC, including Defendant members 1 and 2, have acted and contracted for or on behalf of Defendant LLC without proper entity authority. 11. Defendant LLC is a judgment debtor pursuant to judgments entered in the following cases in this district: 12. As a result of the undercapitalization, mishandling, diversion and concealment of entity assets by the officers and managers, all to the detriment of creditors of Defendant LLC, Defendant LLC is unable to pay the Judgments referred to above. 13. Under such circumstances, Plaintiff should be entitled to ignore the liability protection normally afforded to members and managers of limited liability company entities from the Court to enforce any Judgment granted to him in the Underlying Action by execution against the assets of the members and managers of Defendant LLC, including Defendant members 1 and 2. WHEREFORE, Plaintiff prays for an order of this Court allowing him to ignore the liability protections normally afforded to members and managers of bona fide limited liability companies and proceed with execution and seizure of assets of Defendant members 1 and 2, members and managers in Defendant LLC, in his proceedings to gain satisfaction of the judgement entered in the Underlying Action; for his costs of this action and for such other and further relief as this Court deems just and equitable. DATED this _______ day of __________.