Complaint Case 8 10 cv 00065 PJM Document by cyan67

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									              Case 8:10-cv-00065-PJM Document 1           Filed 01/11/10 Page 1 of 9



                           UNITED STATES DISTRICT COURT
                           FOR THE DISTRICT OF MARYLAND
                                   Greenbelt Division

WASHINGTON TIMES AVIATION USA LLC)
3600 New York Avenue NE          )
Washington, D.C. 20002,          )
                                                     )
                and                                  )
                                                     )
TIMES AEROSPACE INTERNATIONAL LLC)
3600 New York Avenue NE          )
Washington, D.C. 20002,          )
                                                     )
                      Plaintiffs,                    )
                                                     )      Civil Action No._______________
                                                     )
                      v.                             )      JURY TRIAL DEMANDED
                                                     )
DOUGLAS D.M. JOO                                     )
 (a/k/a Dong Moon Joo)                               )
7934 Orchard Park Way                                )
Bowie, MD 20715                                      )
Prince George’s County,                              )
                                                     )
                      Defendant.                     )

         COMPLAINT FOR CONVERSION, BREACH OF FIDUCIARY DUTY,
             FRAUD, BREACH OF CONTRACT, AND INDEMNITY

       This is a complaint for compensatory and punitive damages arising from Defendant

Douglas M. Joo’s unauthorized transfer of      $ 21 million from his former employer, Plaintiff
Washington Times Aviation USA LLC, to an organization with which Joo had close ties and

which had no claim or right to those funds.

                                              PARTIES

         1.     Plaintiff Washington Times Aviation USA LLC (“WTA USA”) is a Delaware

 limited liability company and has its principal place of business at 3600 New York Avenue

 NE, Washington, D.C.



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         2.     Plaintiff Times Aerospace International LLC (“TAT”) is a Delaware limited

liability company and has its principal place of business at 3600 New York Avenue NE,

Washington, D.C. TAT is the sole member and owner of WTA USA.

         3.     Defendant Douglas D.M. Joo (“Joo”) is domiciled in the State of Maryland and

was the president of WTA USA and TAT until October 28, 2009.

                                             JURISDICTION

         4.     This Court has subject matter jurisdiction over this civil action pursuant to 28

U.S.C.    §   1332(a)(1), as the matter in controversy exceeds the sum or value of $75,000,

exclusive of interests and costs, and is between citizens of different States.

         5.     This Court has personal jurisdiction over Defendant J pursuant to Maryland
                                                                    00

Code   § 6-102 in that Joo is domiciled in the State of Maryland.
         6.     Venue is proper in this judicial district under 28 U.S.C.   §   1391(a)(1) as Defendant

Joo resides in the State of Maryland.

                                                  FACTS

                                               Background

         7.     In 2005, Times Aviation Korea, Inc., a subsidiary of TAI, employed Sung-Jin

Ahn (“Ahn”) in the position of assistant to Joo.

         8.     On October 19, 2006, Jo executed in the District of Columbia a power of
                                     0

attorney that appears to grant Ahn the authority to represent and act on behalf of Washington

Times Korea, now named WTA USA.

         9.     Under Joo’s direction, Ahn managed the WTA USA bank books and corporate

seal for WTA USA’s bank accounts in the Republic of Korea (“Korea”) following the

execution of the power of attorney.



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        10.    In November 2009, WTA USA had eleven bank accounts in Korea. Two of WTA

USA’s accounts were US Dollar accounts, and nine accounts were Korean Won (“KRW”)

accounts.

                                Joo’s Authority Is Restricted

        11.    In August 2009, the operating agreement of TAI was amended in a manner that

restricted Joo’s authority over the affairs of TAI, WTA USA, and other subsidiaries of TAI. A

copy of the Amendment of the Operating Agreement of Times Aerospace International LLC

(“the Amended TAT Operating Agreement”), dated August 14, 2009, is attached to this

Complaint as Exhibit 1.

        12.    Paragraph 2 of the Amended TAT Operating Agreement prohibited Joo from

making loans, disposing of TAT property, and taking certain other actions without the consent

of One Up Enterprises, Inc., the sole member of TAT.

       13.     Paragraph 2 of the Amended TA! Operating agreement further provided: “Each

officer, director, manager, and employee of [TAT] shall, to the fullest extent of [his] power and

ability to do so, use [his] best efforts to cause each direct and indirect subsidiary of [TA!] to

refrain from and not take any of the above referenced actions without the Member’s consent.”

       14.    Paragraph 2 of the Amended TAI Operating Agreement further provided: “[E]ach

officer director, manager, and employee of [TAIl that knowingly violates or causes or permits

another Person to violate the above restrictions and provisions, or any other provision of the

Operating Agreement, shall indemnify, defend, and hold harmless [TA!] from and against any

liability, loss, payment, settlement payment, cost and expense, interest, award, judgment,

damages, diminution in value, fines, fees, or other charges, including litigation expenses,




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arising from or related to such violation.    This provision shall survive any such officer’s,

director’s, manager’s, or employee’s termination or resignation from the Company.”

       15.     J was aware of, and agreed to comply with, the terms of the Amended TAT
               00

Operating Agreement.

                           Joo Is Terminated from WTA USA and TAI

       16.     By a resolution on October 28, 2009, TAI terminated Joo from all positions as

director and officer of TAI, WTA USA, and all other TAT subsidiaries.

       17.     On November 8, 2009, counsel for TAI sent to Joo by electronic mail and

personal delivery a letter formally notifying Joo of his immediate termination from all officer,

director, manager, and employee positions with TA!, WTA USA, and all other subsidiaries of

TAI.

       Joo Gives Ahn Instructions to Transfer Millions of Dollars to Mission Foundation

       18.    On November 9, 2009, J knowing that he was unauthorized to do so, instructed
                                   ,
                                   00

Ahn to transfer funds worth approximately $ 21,000,000 (“the $ 21 million in funds”) from a

WTA USA account in Korea to an account of Mission Foundation for Family Federation for

World Peace and Unification, aJk/a The Family Mission Foundation for World Peace and

Unification (“Mission Foundation”).

       19.    Ahn made the transfer of the full amount in the following manner:

              a.     Aim transferred US $ 7,000,000 from a WTA USA account

                     at Standard Chartered First Bank Korea Limited (“SC First

                     Bank”) to a Mission Foundation account at Industrial Bank

                     of Korea;




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               b.      Aim transferred KRW 4,357,000,000 (approximately US

                       $ 3,686,998) from a WTA USA account at SC First Bank

                       to a Mission Foundation account at Industrial Bank of

                       Korea; and

               c.      Aim transferred KRW 7,953,000,000 (approximately US

                       $ 6,730,020) and KRW 3,690,000,000 (approximately US

                       $ 3,122,567) totaling KRW 11,643,000,000 (approximately

                      $ 9,852,587) from a WTA USA account at SC First Bank

                      to a Mission Foundation account at Industrial Bank of

                      Korea.

       20.     Neither One Up Enterprises, Inc., TAT, or any other person or entity with legal

authority to do so authorized Aim or Joo to transfer the $ 21 million in funds from WTA USA

to Mission Foundation. Neither Ahn nor Joo had any permission, right, or authority to transfer

the funds from WTA USA to Mission Foundation.

       21.     At the time of the transfers, Joo had close personal, business, social, and religious

relationships with officers and directors of Mission Foundation.

                    Mission Foundation Refuses to Return Funds to WTA USA

       22.    WTA USA has demanded that Mission Foundation return the $ 21 million in

funds, and Mission Foundation has failed to do so.




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                                               CLAIMS

                                    COUNT I CONVERSION
                                               -




        23.     Plaintiffs restate the allegations contained in paragraphs 1 through 22 as if fully

set forth herein.

        24.     Jo caused Ahn to transfer the $ 21 million in bank accounts from WTA USA’s
                0

bank accounts to Mission Foundation.

        25.     0
                Jo had no authority or right to make the transfer or to cause the transfer to be

made.

        26.     The $ 21 million in funds were the property of WTA USA.

        27.     Mission Foundation has refused to return the funds to WTA USA.

        28.     This conversion of property has caused, is causing, and will continue to cause

TAI and WTA USA to suffer monetary damages in the amount of at least $ 21,000,000

together with interest thereon.

                            COUNT II- BREACH OF FIDUCIARY DUTY

        29.     Plaintiffs restate the allegations contained in paragraphs 1 through 28 as if fully

set forth herein.

        30.     Joo owed fiduciary duties to WTA USA and TAI including the duty to act within
                                                                    ,




the authority granted him and to refrain from using TAT’s and WTA USA’s information,

property, and documents for his own advantage or the advantage of another.

        31.    0
               Jo breached those duties by causing Aim to transfer the $21 million in funds to

Mission Foundation.

        32.    These breaches of fiduciary duty have caused, are causing and will continue to

cause TAI and WTA USA to suffer monetary damages in the amount of at least $ 21,000,000

together with interest thereon.

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                                            COUNT III FRAUD
                                                       -




        33.     Plaintiffs restate the allegations contained in paragraphs 1 through 32 as if fully

set forth herein.

        34.     0
                Jo caused Ahn to represent to SC First Bank that Aim was authorized to make a

transfer of the $ 21 million in funds from WTA USA’s bank accounts to Mission Foundation

on November 9, 2009, when neither Joo nor Aim had such authority.

        35.     Joo knew that Aim’s representation regarding his authority was false.

        36.     0
                Jo had the intent to deceive SC First Bank into transferring WTA USA’s funds

to Mission Foundation when Aim made the false representation regarding his authority.

        37.      SC First Bank relied on Aim’s false representation regarding his authority when

it transferred the $ 21 million in funds to Mission Foundation from WTA USA’s bank

accounts.

        38.     Jo should have foreseen TAI and WTA USA would suffer losses as a result of
                0

his deception.

        39.     By committing this fraud, Joo has caused, is causing, and will continue to cause

TAI and WTA USA to suffer monetary damages in the amount of at least $ 21,000,000

together with interest thereon.

                           COUNT IV     -   BREACH OF CONTRACT

        40.    Plaintiffs restate the allegations contained in paragraphs 1 through 39 as if fully

set forth herein.

        41.    00
               J agreed to be bound by the terms of the Amended TAI Operating Agreement.

        42.    Joo breached the terms of the Amended TAI Operating Agreement by causing the

unauthorized transfer of $ 21 million in funds to Mission Foundation.



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        43.   Joo’s unauthorized transfer of funds to Mission Foundation has caused, is

causing, and will continue to cause TAT and WTA USA to suffer monetary damages in the

amount of at least $ 21,000,000 together with interest thereon.

                                    COUNT V INDEMNITY
                                              -




        44.   Plaintiffs restate the allegations contained in paragraphs 1 through 43 as if fully

set forth herein.

        45.   Under the terms of the Amended TAT Operating Agreement, J is obligated to
                                                                      00

indemnify TAT for all losses and expenses “arising from or related to” the unauthorized

transfer of the $ 21 million in funds to Mission Foundation.

        46.   Joo’s unauthorized transfer of funds to Mission Foundation has caused, is

causing, and will continue to cause TAI and WTA USA to suffer monetary losses and expenses

in the amount of at least $ 21,000,000 together with interest thereon, and Joo must indemnify

TAT and WTA USA for those losses and expenses.

                                  COUNT VI- PUNITIVE DAMAGES

        47.   Plaintiffs restate the allegations contained in paragraphs 1 through 46 as if fully

set forth herein.

        48.   Jo acted with evil motive, actual malice, the intent to injure Plaintiff, and
              0

reckless disregard for the rights of Plaintiff in committing the conversion, fraud, and breaches

of fiduciary duty and contract.

        49.   Joo’s conversion, fraud, and breaches of fiduciary duty were outrageous and

grossly fraudulent.




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                                            DAMAGES

       WHEREFORE, Plaintiffs WTA USA and TAT pray that this Court enter judgment in

their favor and against Defendant J awarding Plaintiffs the following:
                                  ,
                                  00

              (a)    compensatory damages in the amount of at least $ 21,000,000, together

                     with prejudgment and post-judgment interest, in specific amounts to be

                     determined at trial;

              (b)    punitive damages in an amount to be determined at trial, but no less than

                     $10,000,000;

              (c)    Plaintiffs’ costs and attorneys’ fees; and

              (d)    such further and alternative relief as the Court deems appropriate.


DATED: January 11, 2010                              Respectfully submitted,


                                                            A
                                                                  /‘zLTh
                                                     Steven M. Salky, Federal Bar No. 05611
                                                     Blair G. Brown, Federal Bar No. 07801
                                                     ZUCKERMAN SPAEDER LLP
                                                     1800 M StreetN.W., Suite 1000
                                                     Washington, DC 20036
                                                     Tel: (202) 778-1800
                                                     Fax: (202) 822-8106

                                                     Counsel for Plaintiffs
                                                     Washington Times Aviation USA LLC and
                                                     Times Aerospace International LLC


                                       JURY DEMAND

                         Plaintiffs demand a trial by jury on all issues.



                                                    teven M. Salky, Federal Bar No. 05611
                                                     Blair G. Brown, Federal Bar No. 07801


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                                        EXHIBIT 1


                         • AMENDMENT TO 111K
                       OPERATING AGREEMENT OF
                  TIMES AEROSPACE INTERNATIONAL LLC

       The undersigned, One Up Enterprises, Inc., a Delaware corporation (the “Member”),
being the sole member of Times Aerospace International LLC, a Delaware limited liability
company (the “Company”), hereby amends, modifies and supplements the applicable provisions
of the Company’s operating agreement (the “Operating Agreement’) as follows (it being
acknowledged by the Member that the Company has refbsed to provide a copy of the Operating
Agreement after repeated requests):

      1.     The management of the. business and affairs of the Company shall be subject to
the Member’s reservation of nianagement rights, as and to the extent provided for herein.

        2.     Notwithstanding any other provision of the Operating Agreement to the contrary,
the prior, written consent of the Member shall be required to approve the following actions,
which written consent may be withheld by the Member in its sole discretion:

       (a)    Incurrence of any indebtedness for borrowed money, except for short term trade
debt incurred for the provision of goods and services in the ordinary course of Company
business;

        (b)    Loans by the Company to any individual or legal entity (collectively, “Person”),
other than trade credit extended for provision of goods and services in the ordinary course of the
Company’s business;

        (c)     Disposition of any Property of the Company, other than goods and services
provided in the ordinary course of business (for puiposes of the Operating Agreement,
“Disposition” shall mean any sale, assignment, Izansfer,. exchange, mortgage, pledge, grant,
hypothecation, or other transfer, absolute or as a security or encumbrance ((including
dispositions by operation of law)), and “pro,y shall mean any property, real or person,
tangible or intangible (including all goodwill and intellectual property including trademarks,
copyrights and patents, and applications to register the same), inclu4ing cash and any legal or
equitable interest in such property.

       (d)     Employ or terminate key employees, or enter into employment contracts or
consulting agreements with any Person;

       (e)     Bring or defend.actions at law or in equity;

       (I)     Enter into any contract or legally enforceable obligation in excess of $5,000;

       (g)     Grantapowerofattomeytoanyperson

       (h)     Retain and/or dismiss any attorney, accountant or other professional advisor;


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        (i)      Cbange the purpose of the Company;

        (j)      Admit any new member to the Company, or issue any economic interest in the
                 Company to any person other than the Member;

        (k)      Dissolve the Company;

        (1)      Merge or consolidate the Company with or into any other entity;

        (m)      Assignment of the whole or any part of the interests of thç Company;

        (n)      Initiate a proceeding for the bankruptcy of the Company;

        (o)      Commit any act that would make it impossible to fulfill the purpose of the
                 Company;

        (p)      Declare any distributions;

        (q)      Amend the Operating Agreement and/or take any action in violation of the
                 Operating Agreement

         (r)     Settle legal proceedings to which the Member and/or Company is a named
                 defendant, and vhich settlement does no; include a full and unàonditional release
                 of the Member and/or the Company;

        (s)      the appointment or removal of any officer orofficers (“Officer” or “Qfflcers” as
                 the case may be);

        (t)      public relations or media campaigns that may have an negative impact upon the
                 Member, or any beneficial owner of the Member; and/or

        (t)      Any matter which could reasonably be expected to have a material impact upon
•                the Company or the Member,. their assets, reputation, and financial condition,

        Each officer, director, manager and employee of the Company shall, to the fullest extent
of their power and ability to do so, use their best efforts to cause each direct and indirect
subsidiary of the Company to refrain from and not take any of the above referenced actions
absent the Member’s consent

        Notwithstanding any other provision of the Operating Agreement to the contrary, each
officer, director, tnw’ager and employee of the Company who knowingly violates or causes or
permits another Person to violate the above restrictions and provisions, or any other provision of
the Operating Agreement shall indemnify, defend, and hold harmless the Company from and
against any liability, loss, claim, settlement payment, cost and expense, interest, award,
judgment, damages, diminution in value, fines, fees or other charges, including litigation



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expenses, arising from or related to such violation. This provision shall survive any sucb
officer’s, director’s, manager’s or employee’s termination or resignation from the Company,

         Notwithstanding any other provision of the Opetaling Agreement to the contrary, the
Member reserves unto itself all management power and authority over the matters described at
(a)-(t), above, including the power and authority to bind the Company in respect of such matters,
and to delegate such power and authority to any Officer.

       3.       Special Member meetings may be called at any time by the Member only.

        4.     The Member may appoint one Director to serve as the Chainnan said Chairman
shall have such powers and duties as may be provided for in the Operating Agreement

      3.       Special meetig of the Board of Directors, if any, may be called at any time only
upon written request of the Member andone member of the Board of Directors, if any.

       6.     Subject to the terms and conditions of this Operating Agreement, only the
Officers or Member shall have the authority to bind the Company.

•        7.      The Chairperson may be appointed at the option of the Member. The
Chairperson’s role is strictly advisory. The Chairperson may attend meetings of the Board of
Directors and keep in close touch with administration of the affairs of the Company and provide
advice and counsel to the Chief Executive Officer. However, the Chairperson shall have no
power or authority to bind the Company, and shall not be an Officer of the Company unless
  separately appointed to an Officer position pursuant to the terms of this Operating Agreement

        S.      With respect .to notices, (a) any notices given pursuant to the Operating
Agreement may also be given via email, (b) copy of any notice to the Member shall be delivered
to Ann: Legal Department, 24 Link Drive, Rockleigh, NJ, 07647; dan.grayizonegroup.com;
and (c) notice to Directors, if any, may also be given at or to a Director’s email address.

        9.       Each Officer, Director, manager and employee of the Company shall promptly
comply with all instructions of the Member. Without limiting the foregoing, the Company, and
each Officer of the Company, shall, upon written or oral request, and with or without any stated
reason, immediately provide to the Member all tax returns, financial statements, lists of assets
and liabilities, current lists and addresses of officers and directors, copies of all material contracts
or loan agreements, bank statements, and any other information regarding the affairs of the
Company and any of its direct or indirect domestic and foreign subsidiaries, and whether or not
such information is considered confidential (unless such disclosure would cause the breach of
any material contracts or agreements to which Company or its subsidiaries is a party, in which
event the Company and its Officers and Directors shall use their best efforts to obtain any
required consents to such disclosure). In the event that such records and information are not in
the custody or control of the Company, the Company and its officers shall use their best efforts
to promptly obtain such information and records. In the event of any conflict or inconsistency
between this provision and the provisions of Section 18-305 of the Delaware Limited Liability
Company Act, the provisions of this paragraph shall prevail and control, in all respects.


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       10.     Each Officer, Director, manager and employee of the Company shall deal
honestly with the Company and the Member and, promptly after learning of any’information that
is material to the business and affairs of the Company and the Member, shall disclose such
information to the Member.

       11.    Except as otherwise provided in this Agreement or as required by law or as
necessary in conducting the day to day business of the Company, each Officer, Director,
manager’ and employee shall maintain the confidentiality of all Company records, financial
statements and other information and’ shall use such information only for the benefit of the
Company; provided, that, at the Member’s request, with or without any stated reason, the
Company shall disclose any and ‘all confidential information to the Member.

       12-     The Member may authorize any person to aMend the Company’s certificate of
formation to incorporate the provisions of this Amendment

       13.     This terms of thisAsnendxnent shall be efibetive immediately upon execution by
the Member.


       IN WffNESS WHEREOF, the undersigned has executed this Amendment as of the ff
day of August, 2009.

                                           One Up Enterprises, Inc.


                                           BY:______________________
                                               It Michael Runyon, President




                                          Page4of4
JS44      (Rev   12/07)
                                                       CIVIL COVER 1-2 Filed 01/11/10 Page 1 of 2
                                      Case 8:10-cv-00065-PJM DocumentSHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required bylaw, except as provIdes
by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiattnf
the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

I. (a) PLAINTIFFS                                                                                                        DEFENDANTS
Washington Times Aviation USA LLC                                                                                         Douglas D.M. Joo (a/k/a Dong Moon Joo)
and Times Aerospace International LLC                                                                                     7934 Orchard Way, Bowie, MD 20715
    (b)    County of Residence of First Listed Plaintiff Washington, D.C.                                                County of Residence of First Listed Defendant Prince George’s
                            (EXCEPT IN U.S. PLAINTIFF CASES)                                                                                      (tN U.S. PLAINTIFF CASES ONLY)
                                                                                                                                   NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
                                                                                                                                          LAND INVOLVED.

    (c) Attorney’s (Firm Name. Address, and Telephone Number)                                                             Attorneys (If Known)

Blair G. Brown, Zuckerman Spaeder LLP, 1800 M Street, NW,
Suite 1000, Washington, D.C. 20036, (202) 778-1800
II. BASIS OF JURISDICTION                                       (Place   an “X” in One Box Only)              III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an                                           “X” in One Box for Plaintiff
                                                                                                                      (For Diversity Cases Only)                                                 and One Box for Defendant)
    I   U.S. Government                      3 Federal Question                                                                                 PTF       DEF                                                     PTF       DEF
           Plaintiff                             (U.S. Government Not a Party)                                   Citizen of This   State            I           I         Incorporated   or Principal Place             4   J 4
                                                                                                                                                                          of Business In This State

                                                      Diversity                                                  Citizen of Another State           2               2     IncorporatedandPrincipal     Place            5   J   5
D   2   U.S.   Government                    4


           Defendant                                                                                                                                                        of Business In Another State
                                                        (Indicate Citizenship of Parties tn Item III)
                                                                                                                 Citizen or Subject of a            3     tD        3     Foreign Nation                          LJ 6          6
                                                                                                                   Foreign_Country
IV. NATURE OF SUIT                        (Place an ‘X” in One Box Only)
          CONTRACT                                          .
                                                                 TORTS   :                     .                   FORFEITUREIPENALTY                      .   BANKRUPTCY                              OTHER STATUTES
D 110   Insurance                         PERSONAL INJURY                               PERSONAL INJURY             610 Agriculture                   422 Appeal 28 USC 158                        400   State Reapportionment
  120   Marine                             310 Airplane                                  362 Personal Injury
                                                                                                          -         620 Other Food & Drug           J 423 Withdrawal                            D 410   Antitrust
  130   Miller Act                   fJ    315 Airplane Product                              Med. Malpractice    I 625 Drug Related Seizure               28 USC 157                               430  Banks and Banking
  140   Negotiable Instrument                  Liability                                365 Personal Injury
                                                                                                          -             of Property 21 USC 881                                                     450  Commerce
  150   Recovery of Overpayment            320 Assault, Libel &                              Product Liability   D 630 Liquor Laws                       PROPERTY RIGHTS                        [3 460   Deportation
        & Enforcement ofJudgment               Slander                               D 368 Asbestos Personal     I 640 R,R. & Truck                      820 Copyrights                            470   Racketeer Influenced and
    151 Medicare Act                       330 Federal Employers’                            Injury Product         650 Airline Regs.                    830 Patent                                     Corrupt Organizations
    152 Recovery of Defaulted                  Liability                                     Liability              660 Occupational                     840 Trademark                          D   480 Consumer Credit
        Student Loans                0     340 Marine                                 PERSONAL PROPERTY                  Safety/Health                                                          0   490 Cable/Sat TV
        (ExcI. Veterans)             0     345 Marine Product                        X 370 Other Fraud           0 690 Other                                                                    0   810 Selective Service
0   153 Recovery of Overpayment                Liability                             0 371 Truth in Lending                   LABOR                   SOCIAL SECURITY                           0   850 Secunties/Commodities/
        of Veteran’s Benefits        0     350 Motor Vehicle                         0 380 Other Personal        0 710 Fair Labor Standards         0 861 HIA (1395ff)                                  Exchange
0   160 Stockholders’ Ssits          0     355 Motor Vehicle                                Property Damage             Act                         0 862 Black Lung (923)                      0   875 Customer Challenge
0   190 Other Contract                         Product Liability                     0 385 Property Damage       0 720 Labor/Mgmt. Relations        0 863 DIWC/DIWW (405(g))                             12 USC 3410
0   195 Contract Product Liability   0     360 Other Personal                               Product Liability    0 730 Labor/Mgmt.Reporting         0 864 SSID Title XVI                       0    890 Other Statutory Actions
0   196 Franchise                              Injury                                                                  & Disclosure Act             0 865 RS1 (405(g))                         0    891 Agricsltural Acts
        REAL PROPERTY                        CIVIL RIGHTS                             PRISONER PETITIONS         L] 740 Railway Labor Act             FEDERAL TAX SUITS                        0    892 Economic Stabilization Act
0   210 Land Condemnation            0     441 Voting                                0 510 Motions to Vacate     0 790 Other Labor Litigation       0 870 Taxes (U.S. Plaintiff                0    893 Environmental Matters
0   220 Foreclosure                  0     442 Employment                                  Sentence              0 791 EmpI. Ret. Inc.                     or Defendant)                       0    894 Energy Allocation Act
0   230 Rent Lease & Ejectment       0     443 Housing/                                 Habeas Corpus:                  Security Act                0 871 IRS—Third Party                      0    895 Freedom of Information
0   240 Torts to Land                         Accommodations                         0 530 General                                                        26 USC 7609                                   Act
0   245 Tort Product Liability       0     444 Welfare                               0 535 Death Penalty               IMMIGRATION                                                             0    900Appeal of Fee Determinatioi
0   290 All Other Real Property      0     445 Amer. w/Disabilities                  0 540 Mandamus & Other      0 462 Naturalization Application                                                       Under Equal Access
                                              Employment                             0 550 Civil Rights          0 463 Habeas Corpus.                                                                   to Justice
                                     0     446 Amer. w/Disabilities              -   0 555 Prison Condition           Alien Detainee                                                           0    950 Constitutionality of
                                              Other                                                              0 465 Other Immigration                                                                State Statutes
                                     0     440 Other Civil Rights                                                     Actions



V. ORIGIN                   (Place an ‘cx’, in One Box Only)                                                                                                                                                    Appeal to District
                                                                                                                                             9 from                                                             Judge from
  I Original                 2 Removed from                                  3       Remanded from             4 Reinstated or             5 Transferr
                                                                                                                                             d
                                                                                                                                             another district                6 Multidistrict          i         Magtstrate
        Proceeding               State Court                                         Appellate Court             Reopened                                                        Litigation
                                                                                                                                             (specify)                                                          Judgment
                                             Ctbj 1S
                                                  0
                                                  CivilSatute                                      houar Il 9 cite jurisdictional statutes unless diversity):
                                                                                                            hj
                                                                                                            5

VI. CAUSE OF ACTION                          Brief description of cause:
                                                  .




                                                 Diversity ActIon for fraud, conversion, breach of fIduciary duty, breach of contract, and indemnity.
VII. REQUESTED IN                                      CHECK IF THIS IS A CLASS ACTION                              DEMAND $                                            CHECK YES only if demanded in complaint:
     COMPLAINT:                                        UNDER F.R.C.P. 23                                                    31 000 000              pp              JURY DEMAND:                      f   Yes     0 No

VIII. RELATED CASE(S)
                                                  ( cc instructions).
      IF ANY                                                                         JUDGE                                                               DOCKET NUMBER

DATE                                                                                     SIGNATU       F ATTORNEY 0 RECO
    01/1 1/2010
FOR OFFICE USE ONLY
                                                                                                                  ,‘4
    RECEIPT 6                    AMOUNT                                                    APPLYING IFP                                    JUDGE                                  MAG. JUDGE
iS 44 Reverse (Rev. 2/07)
                                Case 8:10-cv-00065-PJM Document 1-2                                 Filed 01/11/10 Page 2 of 2
                      INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

                                                                  Authority For Civil Cover Sheet
    The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required
by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use
of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint
filed. The attorney filing a case should complete the form as follows:
1.       (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only
the full name or standard abbreviations. Ifthe plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving
both name and title.
         (b)County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name ofthe county where the first listed plaintiff resides at the time
of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases,
the county of residence of the “defendant” is the location of the tract of land involved.)
         (c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section “(see attachment)”.
 II.     Jurisdiction. The basis ofjurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an “X” in one
of the boxes. If there is more than one basis ofjurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348, Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an “X” in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the
Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box
I or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the
different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.)
ilL     Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section
for each principal party.
IV.      Nature of Suit, Place an “X” in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient
to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select
the most definitive.
V.       Origin. Place an “X” in one of the seven boxes.
Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition
for removal is granted, check this box,
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date,
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court Use the reopening date as the filing date.
Transferred from Another District, (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict
litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box
is checked, do not check (5) above.
Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge’s decision.
VI.    Cause of Action. Report the civil statute directly related to the cause of action and give a brief description ofthe cause. Do not cite jurisdictional statutes
unless diversity.          Example:               U.S. Civil Statute: 47 USC 553
                                                     Brief Description: Unauthorized reception of cable service
VII.     Requested in Complaint. Class Action. Place an “X” in this box if you are filing a class action under Rule 23, F.R,Cv,P.
Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded,
VIII.    Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbers
and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.
                                                                    _____   ____________________days

                         Case 8:10-cv-00065-PJM Document 1-3                Filed 01/11/10 Page 1 of 2
• AU 440 (Rev 10/93) [MD Rev. 02/2001] Summons in a Civil Action



                                      UNITED STATES DIsTRIcT COURT
                                                 FOR THE DISTRICT OF MARYLAND
 WASHINGTON TIMES AVIATION USA LLC and

 TIMES AEROSPACE INTERNATIONAL LLC

                                                                              SUMMONS IN A CIVIL CASE
                                 V.

 DOUGLAS D.M.      JOG    (a/k/a DONG MOON JOO)

                                                                    CASE




                  TO:    (Name and address of Defendant)
                        Douglas D.M.      Joo

                         (a/k/a Dong Moon Joo)

                        7934 Orchard Park Way

                        Bowie,    MD 20715




        YOU ARE HEREBY SUMMONED and required to serve upon PLAINTIFF’S ATTORNEY                              (name and address)


                         Blair G.     Brown

                         Zuckerman Spaeder LLP

                         1800 M Street,       NW.,     Suite 1000

                         Washington,      D.C.   20036

                         (202)   778-1800




                                                                                      21
an answer to the complaint which is herewith served upon you, within                                     after service of this
summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the
relief demanded in the complaint. You must also file your answer with the Clerk of this Court within a reasonable period of time
after service.




Felicia C. Cannon
CLERK                                                               DATE



(By) DEPUTY CLERK
                                                                                        __________________________________________________


                          Case 8:10-cv-00065-PJM Document 1-3                               Filed 01/11/10 Page 2 of 2
• AO 440 (Rev. 10/93) [MD Rev. 02/2001] Summons in a Civil Action

                                                             RETURN OF SERVICE
   Service of the Summons and complaint was made by              DATE
                         meU)
NAME OF SERVER (PRINT)                                           TITLE


    Check one box below to indicate appropriate method ofservice

          G Served personally upon the defendant. Place where



          G Left copies thereof at the defendant’s dwelling house or usual place of abode with a person of suitable age and
            discretion then residing therein.
             Name of person with whom the summons and complaint were

         G Returned




         G Other (specify):




                                                           STATEMENT OF SERVICE FEES
TRAVEL                                            SERVICES
                                                  1                                                          TOTAL
                                                                                                             1

                                                             DECLARATION OF SERVER

                   I declare under penalty of perjury under the laws of the United States of America that the foregoing information
          contained in the Return of Service and Statement of Service Fees is true and correct.


          Executed
                                      Date                   Signature of Server




                                                             Address of Server




(I) As to who may serve a summons see Rule 4 of the Federal Rules of Civil Procedure.

								
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