IN THE SUPERIOR COURT OFXXX
IN AND FOR XXX COUNTY
CHANCERY DIVISION – GENERAL EQUITY
USA PAPER WASTE, LLC §
Plaintiff, §
§
v. § Case No.
§
XXX COUNTY, XXX§
Defendant. §
PLAINTIFF’S ORIGINAL COMPLAINT
NOW COMES USA Paper Waste, LLC, Plaintiff, and files this Complaint against XXX
County, NJ, Defendant, and for cause would show this Honorable Court as follows:
A. PARTIES
1. Plaintiff XXX Paper Waste, LLC is a limited liability corporation registered in the
State of New Mexico and whose address for purposes of this suit is 320 Gold Ave. SW Suite
620 PMB 2558, Albuquerque, New Mexico 87102.
2. Defendant Bergen County, NJ is one of the counties of the State of XXX
and whose address known to Plaintiff is One XXX
B. JURISDICTION AND VENUE
3. Jurisdiction exists in this Court pursuant to Rule 4:3-1(a) of the Rules Governing
the Courts of the State of New Jersey which provides in relevant part as follows: “Where
instituted. (1) Chancery Division – General Equity. Actions in which the plaintiff’s primary right or
the principal relief sought is equitable in nature, except as otherwise provided by subparagraphs
(2) and (3), shall be filed and heard in the Chancery Division, General Equity, even though legal
relief is demanded in addition or alternative to equitable relief.”
4. Venue is proper in this Court according to Rule 4:3-2(a) of the Rules Governing
the Courts of the State of XXX which provides in relevant part as follows: “Venue shall
be laid by the plaintiff in Superior Court actions as follows: (2) actions not affecting real property
which are brought by or against municipal corporations, counties, public agencies or officials, in
the county in which the cause of action arose.”
C. STATEMENT OF FACTS
5. On XXX, Plaintiff sent a public records request to Defendant, requesting to
be sent all emails or other form of correspondence, or policies or memorandum, over the past
five years from the following divisions: board of elections, office of superintendent of elections,
and county clerk elections division. Exhibit A.
6. On XXX, Defendant responded as follows: “Our search has revealed no
responsive records.” Exhibit B.
7. On XXX, Defendant followed up and informed Plaintiff that it had found
invoices showing that Defendant had paid money to process the paper waste.
8. Instead of generating revenue for the taxpayers of XXX County, Defendant
spent taxpayers’ money.
D. CAUSE OF ACTION
Violation of N.J. Rev. Stat. § 19:18-7
9. Plaintiff hereby incorporates by reference ¶ 1-8 of this Complaint as though set
out in full herein.
10. N.J. Rev. Stat. § 19:18-7 stipulates as follows: “All registry books and statements
of results of elections required to be filed with the Secretary of State, the superintendent of
elections, the county clerks of the various counties and the municipal clerks of the various
municipalities shall be preserved by such officials for a period of five years after the holding of
any election at which they were used, and all ballots, used or unused, for any election shall be
preserved by such officials for a period of two years after the holding of any election, and
thereafter shall be sold by such officials as waste paper, the proceeds to be paid into the State,
county and municipal treasuries, respectively. The several county and municipal clerks may also
sell all registry books which have been on file in their office for a period of five years, the
proceeds to be paid into the county and municipal treasury, respectively.”
11. Plaintiff wrote to Defendant requesting all emails or other form of
correspondence, or policies or memorandum, over the past five years from the following
divisions: board of elections, office of superintendent of elections, and county clerk elections
division and Defendant responded by stating that it did not have those records.
12. The admission that Defendant did not have those records is prima facie evidence
that Defendant had not been preserving them as required by the foregoing statutory provision.
13. Further, the subsequent correspondence that Defendant had paid money to
process the waste paper is prima facie evidence that Defendant did not sell the waste paper. It
also shows that no proceeds from required sale of such waste paper were deposited into the
accounts of Bergen County.
14. Defendant failed to sell the waste paper and opted to process it despite the
nationwide supply chain challenges in the supply of ballot paper as expressed by Louisiana’s
44 th Secretary of State and a report by Bipartisan Policy Group.
15. Defendant is liable for violation of N.J. Rev. Stat. § 19:18-7.
E. PRAYER FOR RELIEF
REASONS WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests
this Court to grant it the following reliefs:
a. GRANT judgment in Plaintiff’s favor and against Defendant;
b. ISSUE a Declaration that Plaintiff has violated N.J. Rev. Stat. § 19:18-7.
c. ISSUE an Order of Specific Performance Compelling Defendant to avail to
Plaintiff all email or other form of correspondence, or policies or memorandum, over the past
five years from the following divisions: board of elections, office of superintendent of elections,
and county clerk elections division;
d. AWARD Plaintiff costs of this suit;
e. AWARD Plaintiff pre- and post-judgment costs and interests;
f. AWARD Plaintiff such further equitable relief as this Court deems fair under the
circumstances.
Dated this ____ day of XXX.
Respectfully Submitted,
___________________________________
Insert Your Full Name
Insert Your Address
Insert Your State & ZIP Code
Insert Your Phone Number
Insert Your Email
Appearing on behalf of USA Paper Waste, LLC in pro per
At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, The LegalPen will be able to prepare the legal document within the shortest time possible. You can send us your quick enquiry ( here )