Vex Complaint .pdf

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Gary M.N. O’Taur, City Bar No. 90914
BLACK GARDEN, LLP
1 Atheon Blvd., Suite 5900
Meridian Bay, Mars
T || 555-4279
E || gary@hezen.vex

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Attorneys for Plaintiff,
COLLECTIVE VEX MIND

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NORTHERN DISTRICT OF THE CITY

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EASTERN DIVISION

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Complaint for:

Plaintiff,

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Case No. ____________________

COLLECTIVE VEX MIND, by and through
mobile operating platform Gary M.N. O’Taur,

1. Conversion
2. Battery
3. Civil Conspiracy

v.
GUARDIANS OF THE TOWER, an
unincorporated association;
THE NINE; a business entity of unknown form;
XUR, Agent of the Nine;
and DOES 1 through 10, inclusive,

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Notice of Related Case
[T-LC-5:cv-11357]

Defendants.

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COMES NOW plaintiff COLLECTIVE VEX MIND (the “VEX”), by and through mobile
operating platform Gary M.N. O’Taur, and alleges as follows:

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General Allegations
1.

The VEX are a singular consciousness expressed through various mobile operating

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platforms. While the concept of a primary place of residence lacks meaning for an entity like the

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VEX, the VEX consent by this filing to the jurisdiction of the Northern District over their person

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with respect to the matters alleged in this action.

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2.

The VEX appear in this action by and through mobile operating platform Gary

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M.N. O’Taur (“Gary”). Gary ordinarily maintains residence within the Nexus, and is

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affectionately known to the VEX as “Gary the No-Cheese Minotaur.” Gary is duly licensed to

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appear before all courts of the City, including this Court.
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Complaint

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3.

The VEX are informed and believe that defendant GUARDIANS OF THE

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TOWER is an unincorporated association of individuals, each of whom maintains primary

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residence in the Tower. The individual members of this association are sometimes referred to in

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this Complaint as “Guardians.”

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4.

The VEX are informed and believe that defendant THE NINE is a business entity

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that operates within the Tower. The VEX are further informed and believe that the primary

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business of THE NINE, as relates to the transaction or occurrence comprising the subject matter

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of this action, is the sale of various weapons, equipment, and other curios primarily used by

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Guardians to commit heinous acts of wanton violence against the VEX and others.

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5.

The VEX are informed and believe that defendant XUR is an individual employed

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by THE NINE. The VEX are further informed and believe that XUR personally conducts, on

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behalf of THE NINE and at the direction of THE NINE, each sale of weapons, equipment, or

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curios to Guardians referenced in this complaint.

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6.

The VEX are ignorant of the true names and capacities of those defendants

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identified as DOES 1 through 10, inclusive, and thus sues them by such fictitious names. The

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VEX will amend this complaint to allege their true names and capacities as ascertained.

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7.

In performing the acts and omissions described in this complaint, each defendant

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named herein was the agent, principal, employee, employer, owner, parent, subsidiary, affiliate,

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and/or joint venturer of each other named defendant, and in performing said acts and omissions,

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was acting within the course and scope of such relationship(s) with the express or implied

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authorization of each other defendant.
Notice of Related Action

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8.

The VEX are informed and believe that this action arises out of the same

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transaction or occurrence as that action styled Guardians of the Tower v. Xur, which action is

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pending in this Court with a case designation of T-LC-5:cv-11357 (the “Related Action”).

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9.

Because the interests of the VEX alleged herein are adverse to both the plaintiffs

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and defendants in the Related Action, the VEX have initiated this action by way of separate

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///
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Complaint

1

complaint. Without prejudice to later requests by way of noticed motion, the VEX do not request

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by this filing that this action be consolidated to any degree with the Related Action.

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First Cause of Action – Conversion
(Against GUARDIANS OF THE TOWER and DOES 1 through 5, inclusive)

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10.

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The VEX reallege and incorporate by this reference, as though fully set forth

herein, each of the allegations contained in paragraphs 1 through 9 of this complaint.
11.

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On repeated occasions far too numerous to list, members of defendant association

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GUARDIANS OF THE TOWER, acting on their own behalf and on behalf of said association,

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have misappropriated, taken possession of, and converted to their own use—often by means of

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egregious physical violence—certain curios known as Strange Coins. Each of these Strange Coins

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was the lawful property of the VEX as of the time each such instance of conversion occurred.
12.

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The Strange Coins are unique and irreplaceable. Among other things, they feel

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warm to the touch and vibrate gently in your hand. Their power is not precisely understood, but

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their significant value is universally recognized. As a representative example, it is thought by

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some that the Strange Coins may hold the key to unlocking the as-yet-unknown plot of Destiny.
13.

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As a result of the above-described instances of conversion, the VEX have been

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damaged in a sum to be ascertained by proof at trial but at least in excess of the jurisdictional

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minimum of this Court.
14.

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As alleged above, the Strange Coins are unique and irreplaceable, and the VEX

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cannot be adequately compensated in damages for the loss of their value. For this reason, the

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VEX additionally seek an order directing the immediate turnover of any Strange Coins in the

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possession of Guardians having been acquired in the unlawful fashion described herein.
15.

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The above-described acts of conversion, and each of them, were carried out with

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the specific intent to injure the VEX and in conscious disregard of the rights of the VEX. For this

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reason, the VEX seek—in addition to any compensatory damages or other relief—an award of

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punitive or exemplary damages in an amount sufficient to punish the GUARDIANS OF THE

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TOWER for their wrongdoing and to deter similar wrongdoing by others.

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///
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Complaint

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Second Cause of Action – Battery
(Against GUARDIANS OF THE TOWER and DOES 1 through 5, inclusive)

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16.

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herein, each of the allegations contained in paragraphs 1 through 15 of this complaint.
17.

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The VEX reallege and incorporate by this reference, as though fully set forth

Each and every instance of conversion described in this complaint was

accomplished by means of egregious physical violence.
18.

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The typical practice of the VEX is to store Strange Coins in engrams, which help

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to preserve their power and protect them from unnecessary exposure to the elements. On repeated

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occasions too numerous to list, however, Guardians have used all manner of weaponry—from

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space revolvers to rocket launchers—to destroy VEX mobile operating platforms and seize for

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themselves any engrams in the platforms’ possession. On many thousands of occasions, these

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seized engrams have contained, among other things, Strange Coins.
19.

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Each of these acts of violence, while apparently directed primarily at the

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conversion of Strange Coins to the use and advantage of the Guardians, constitutes an

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independent instance of battery against the VEX, as expressd through the various mobile

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operating platforms destroyed by Guardians.
20.

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Each of the acts of violence described herein was carried out with the specific

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intent to inflict physical injury or destruction upon the VEX and the mobile operating platform(s)

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subjected to such acts.
21.

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As a result of the above-described acts and occurrences, the VEX have been

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damaged in a sum to be ascertained by proof at trial but at least in excess of the jurisdictional

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minimum of this Court.
22.

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The above-described acts of battery, and each of them, were carried out with the

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specific intent to injure the VEX and in conscious disregard of the rights of the VEX. For this

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reason, the VEX seek—in addition to any compensatory damages or other relief—an award of

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punitive or exemplary damages in an amount sufficient to punish the GUARDIANS OF THE

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TOWER for their wrongdoing and to deter similar wrongdoing by others.

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///
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Complaint

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Third Cause of Action – Civil Conspiracy
(Against THE NINE, XUR, and DOES 6 through 10, inclusive)

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23.

The VEX reallege and incorporate by this reference, as though fully set forth

herein, each of the allegations contained in paragraphs 1 through 22 of this complaint.
24.

Each act of conversion and battery by Guardians described in this complaint was

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performed for the express purpose of obtaining Strange Coins with which to purchase weapons,

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armor, and other curios sold by XUR on behalf of THE NINE.

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25.

The VEX are informed and believe that XUR and THE NINE, in offering to

provide guardians with weapons, armor, or other curios in exchange for Strange Coins,

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specifically understood and intended that the Guardians would obtain said Strange Coins by

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means of the acts of conversion and battery described in this complaint.

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26.

This understanding and intent on the part of XUR and THE NINE warrant a

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finding that XUR and THE NINE are engaged in a civil conspiracy with the GUARDIANS OF

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THE TOWER to commit acts of unlawful battery and conversion against the VEX.

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27.

Further perpetuating this cycle of unlawful violence, the weapons provided to

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Guardians by XUR and THE NINE in exchange for Strange Coins are frequently used to commit

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further acts of unlawful violence against the VEX, with the express object of obtaining yet more

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Strange Coins in furtherance of the civil conspiracy described herein.

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28.

Because the acts of unlawful battery and conversion against the VEX described in

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this complaint were committed by Guardians acting in furtherance of a civil conspiracy with

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XUR and THE NINE, XUR and THE NINE are each legally responsible for any damages

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resulting from said acts of battery and conversion.

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29.

As alleged above, the Strange Coins are unique and irreplaceable, and the VEX

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cannot be adequately compensated in damages for the loss of their value. For this reason, the

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VEX additionally seek an order directing the immediate turnover of any Strange Coins in the

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possession of XUR or THE NINE having been acquired in the unlawful fashion described herein.

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30.

In entering into this civil conspiracy, XUR and THE NINE specifically understood

and intended that the unlawful objects of the conspiracy be carried out with the specific intent to
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Complaint

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injure the VEX and in conscious disregard of the rights of the VEX. For this reason, the VEX

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seek—in addition to any compensatory damages or other relief—an award of punitive or

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exemplary damages in an amount sufficient to punish XUR and THE NINE for their wrongdoing

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and to deter similar wrongdoing by others.
Prayer

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The VEX demand relief as follows:
As to the First Cause of Action

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A.

but at least in excess of the jurisdictional minimum of this Court;

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For an award of compensatory damages in a sum to be ascertained by proof at trial

B.

For an order directing the immediate turnover of any Strange Coins in the

possession of Guardians having been acquired in the unlawful fashion described herein; and

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C.

For punitive or exemplary damages in an amount sufficient to punish the

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GUARDIANS OF THE TOWER for their wrongdoing and to deter similar wrongdoing by others.

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As to the Second Cause of Action

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D.

For an award of compensatory damages in a sum to be ascertained by proof at trial

but at least in excess of the jurisdictional minimum of this Court; and

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E.

For punitive or exemplary damages in an amount sufficient to punish the

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GUARDIANS OF THE TOWER for their wrongdoing and to deter similar wrongdoing by others.

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As to the Third Cause of Action

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F.

For an award of compensatory damages in a sum to be ascertained by proof at trial

but at least in excess of the jurisdictional minimum of this Court;

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G.

For an order directing the immediate turnover of any Strange Coins in the

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possession of XUR or THE NINE having been acquired in the unlawful fashion described herein;

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and

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H.

For punitive or exemplary damages in an amount sufficient to punish XUR and

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THE NINE for their wrongdoing and to deter similar wrongdoing by others.

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As to All Causes of Action

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I.

For pre-judgment interest;
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Complaint

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J.

For post-judgment interest;

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K.

For costs of suit incurred, including expenses and reasonable attorney fees; and

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L.

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

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BLACK GARDEN, LLP

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By: /s/ Gary M.N. O’Taur
Gary M.N. O’Taur
Attorneys for Plaintiff,
COLLECTIVE VEX MIND

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Complaint


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