XXX District Court
Eastern
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| Case No. _______________
(To be filled out by Clerk’s Office only) COMPLAINT Jury Demand? ☒Yes ☐ No |
|
| XXX | |
| (In the space above enter the full name(s) of the plaintiff(s).) | |
| -against- | |
| XXX and XXX | |
| (In the space above enter the full name(s) of the defendant(s). If you cannot fit the names of all of the defendants in the space provided, please write “see attached” in the space above and attach an additional sheet of paper with the full list of names. The names listed in the above caption must be identical to those contained in Section I. Do not include addresses here.) |
| NOTICE
Federal Rule of Civil Procedure 5.2 addresses the privacy and security concerns resulting from public access to electronic court files. Under this rule, papers filed with the court should not contain: an individual’s full social security number or full birth date; the full name of a person known to be a minor; or a complete financial account number. A filing may include only: the last four digits of a social security number; the year of an individual’s birth; a minor’s initials; and the last four digits of a financial account number. If this is an employment discrimination claim or social security claim, please use a different form. Plaintiff need not send exhibits, affidavits, grievance or witness statements, or any other materials to the Clerk’s Office with this complaint. |
- PARTIES IN THIS COMPLAINT
Plaintiff
List your name, address and telephone number. If you are presently in custody, include your identification number and the name and address of your current place of confinement. Do the same for any additional plaintiffs named. Attach additional sheets of paper as necessary.
| Plaintiff: | DON MACALLISTER | ||||
| Name (Last, First, MI) | |||||
| Street Address | |||||
| County, City | State | Zip Code | |||
| Telephone Number | E-mail Address (if available) | ||||
Defendant(s)
List all defendants. You should state the full name of the defendants, even if that defendant is a government agency, an organization, a corporation, or an individual. Include the address where each defendant can be served. Make sure that the defendant(s) listed below are identical to those contained in the above caption. Attach additional sheets of paper as necessary.
| Defendant 1: | XXXX | ||
| Name (Last, First) | |||
| Street Address | |||
| County, City | State | Zip Code | |
| Defendant 2: | XXXX | ||
| Name (Last, First) | |||
| Street Address | |||
| County, City | State | Zip Code | |
| Defendant(s) Continued | |||
| Defendant 3: | |||
| Name (Last, First) | |||
| Street Address | |||
| County, City | State | Zip Code | |
| Defendant 4: | |||
| Name (Last, First) | |||
| Street Address | |||
| County, City | State | Zip Code | |
- BASIS FOR JURISDICTION
Check the option that best describes the basis for jurisdiction in your case:
☐ U.S. Government Defendant: United States or a federal official or agency is a defendant.
☐ Diversity of Citizenship: A matter between individual or corporate citizens of different states and the amount in controversy exceeds $75,000.
☒ Federal Question: Claim arises under the Constitution, laws, or treaties of the XXX.
If you chose “Federal Question”, state which of your federal constitutional or federal statutory rights have been violated.
| 18 U.S.C. § 1951 |
- VENUE
This court can hear cases arising out of Click here to enter text.
Under 28 U.S.C § 1391, this is the right court to file your lawsuit if: (1) All defendants live in this state AND at least one of the defendants lives in this district; OR (2) A substantial part of the events you are suing about happened in this district; OR (3) A substantial part of the property that you are suing about is located in this district; OR (4) You are suing the U.S. government or a federal agency or official in their official capacities and you live in this district. Explain why this district court is the proper location to file your lawsuit.
Venue is appropriate in this Court because:
| All Defendants live in this State, and the Defendants live in this district. Also, a substantial part of the events that are subject to this suit happened in this district. |
- STATEMENT OF CLAIM
| Place(s) of occurrence: | |
| Date(s) of occurrence: |
State here briefly the FACTS that support your case. Describe how each defendant was personally involved in the alleged wrongful actions.
FACTS:
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The Defendants unlawfully seized Plaintiff’s business documents and property worth over | ||
| $75,000. The Defendants admit the seizure and have refused to pursue legal methods for | |||
| recovering the amount that they claim from Plaintiff. Notably, Defendant demands money | |||
| for return of Plaintiff’s property. Plaintiff had already paid Defendant $43,000 for services. | |||
| The Seized property includes seven years of work, including sensitive expressions of interest | |||
| from US Military and US Law Enforcement customers requesting test units of Plaintiff’s | |||
| product, already paid for Solidworks design files, Word documents, Excel financial | |||
| spreadsheets, $17.5m, capital raising slideshow, forms, sensitive patent information, logos, | |||
| trademarks, photos, images, PDFs, videos, websites, audio, personnel resumes, IRS | |||
| Documents, and the corporate formation documents for Electric Vehicle Network, Inc. | |||
| Plaintiff has filed theft and extortion complaints against the Defendant with the FBI via | |||
| IC3.gov (case #1036-62923) and with the Newport Beach Police Department | |||
| (Case #23-0628-0162). | |||
| CLAIMS FOR RELIEF | |||
| Count I: Unlawful Seizure | |||
| Defendant illegally seized Plaintiff’s property, violating the plaintiff’s rights, potentially in | |||
| Violation of the Fourth Amendment of the United States Constitution. | |||
| Count II: Extortion | |||
| Defendant attempted to extort payment by withholding seized property, potentially in | |||
| Violation of the Hobbs Act (18 U.S.C. § 1951) or other applicable Federal Extortion Statutes. | |||
| EXHIBIT A | |||
| Text from defendant Andy Johnston to plaintiff Don Macallister sent 8:54 am, June 29th, 2022: | |||
| “I am happy to provide the documents back to you, and I don’t want to have to pursue legal | |||
means to get the 21k paid, I would like you to just pay it. Previously, you said you were going
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| to send me $500 per month, which is pretty slow to repay, but I understand your situation | |||
| and was willing to work with you. Can we get back on a payment plan? Can you pay the | |||
| back invoices? You have debts with us over a year old.” | |||
| The above text message confirms: | |||
| Seizure of Plaintiff’s property. | |||
| Refusal to pursue legal methods for securing the claimed amount. | |||
| Demand for money for the return of Plaintiff’s property. | |||
- INJURIES
If you sustained injuries related to the events alleged above, describe them here.
| Defendant’s actions caused financial losses, reputational harm, and missed opportunities. |
- RELIEF
The relief I want the court to order is:
| ☐ Money damages in the amount of: $ |
☒ Other (explain):
| Immediate release of seized property and prohibition of further unlawful actions. |
| Compensatory damages for losses caused by unlawful seizure and extortion. |
| Punitive damages to punish Defendants and deter future actions. |
| Legal fees and costs. |
| Injunctive relief to protect Plaintiff’s rights. |
- CLOSING
Under Federal Rule of Civil Procedure 11, by signing below, I certify to the best of my knowledge, information, and belief that this complaint: (1) is not being presented for an improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; (2) is supported by existing law or by a nonfrivolous argument for extending or modifying existing law; (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and (4) the complaint otherwise complies with the requirements of Rule 11.
I agree to provide the Clerk’s Office with any changes to my address where case-related papers may be served. I understand that my failure to keep a current address on file with the Clerk’s Office may result in the dismissal of my case.
| Dated | Plaintiff’s Signature | ||||
| XXX | |||||
| Printed Name (Last, First, MI) | |||||
| Address | City | State | Zip Code | ||
| Telephone Number | E-mail Address (if available) | ||||
List the same information for any additional plaintiffs named. Attach additional sheets of paper as necessary.