Securities And Exchange Commission v. City Capital Corporation et al

Filing 1

COMPLAINT filed and summon(s) issued. Consent form to proceed before U.S. Magistrate and pretrial instructions provided., filed by Securities And Exchange Commission. (Attachments: # 1 Civil Cover Sheet)(fap) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.

Download PDF
CIVIL COVER SHEET JS44 (Rev. 1/08 NDGA) The JS44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form is required for the use of the Clerk of Court for the purpose of initiating the civil docket record. (SEE INSTRUCTIONS ATTACHED) I. (a) PLAINTIFF(S) DEFENDANT(S) CITY CAPITAL CORPORATION EPHREN W. TAYLOR, II WENDY J. CONNOR U.S. SECURITIES AND EXCHANGE COMMISSION (b) COUNTY OF RESIDENCE OF FIRST LISTED COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT Clark, NV PLAINTIFF (EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED (c) ATTORNEYS (FIRM NAME, ADDRESS, TELEPHONE NUMBER, AND ATTORNEYS (IF KNOWN) E-MAIL ADDRESS) Jennifer D. Brandt Securities and Exchange Commission Fort Worth Regional Office 801 Cherry Street, Suite 1900 Fort Worth, Texas 76102 Phone: (817) 978-6442 brandtj@sec.gov Local Counsel: M. Graham Loomis SEC 50 East Paces Ferry Rd. Suite 900 Atlanta, GA 30326 Phone: (404) 842-7622 II. BASIS OF JURISDICTION III. CITIZENSHIP OF PRINCIPAL PARTIES (PLACE AN “X” IN ONE BOX ONLY) (PLACE AN “X” IN ONE BOX FOR PLAINTIFF AND ONE BOX FOR DEFENDANT) (FOR DIVERSITY CASES ONLY) PLF ✔ 1 U.S. GOVERNMENT PLAINTIFF James D. Williams, Jr 3400 Croasdaile Drive, Suite 205 Durham, NC 27705 Counsel for Wendy Connor DEF PLF DEF IV. ORIGIN ✔ 1 ORIGINAL PROCEEDING 1 1 CITIZEN OF THIS STATE 4 4 INCORPORATED OR PRINCIPAL PLACE OF BUSINESS IN THIS STATE 4 DIVERSITY (INDICATE CITIZENSHIP OF PARTIES IN ITEM III) 2 2 CITIZEN OF ANOTHER STATE 5 5 INCORPORATED AND PRINCIPAL PLACE OF BUSINESS IN ANOTHER STATE 3 2 U.S. GOVERNMENT DEFENDANT 3 FEDERAL QUESTION (U.S. GOVERNMENT NOT A PARTY) 3 CITIZEN OR SUBJECT OF A FOREIGN COUNTRY 6 6 FOREIGN NATION (PLACE AN “X “IN ONE BOX ONLY) 2 REMOVED FROM STATE COURT 3 REMANDED FROM APPELLATE COURT 4 REINSTATED OR REOPENED TRANSFERRED FROM 5 ANOTHER DISTRICT (Specify District) 6 MULTIDISTRICT LITIGATION APPEAL TO DISTRICT JUDGE 7 FROM MAGISTRATE JUDGE JUDGMENT V. CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE - DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY) Violations of Securities Act Section 17(a)(1), (2) [15 U.S.C. § 77q], 5(a) and 5(c) [15 U.S.C. §§ 77e(a) and 77(e)(c)] and (3), Violations of Exchange Act Section 10(b) [15 U.S.C. § 78j(b)] and Rule 10b-5(a), (b) and (c) [17 C.F.R. § 240.10b-5] , Section 15(a)(1) [15 U.S.C. § 78o-5] (IF COMPLEX, CHECK REASON BELOW) 1. Unusually large number of parties. 6. Problems locating or preserving evidence 2. Unusually large number of claims or defenses. 7. Pending parallel investigations or actions by government. 3. Factual issues are exceptionally complex 8. Multiple use of experts. 4. Greater than normal volume of evidence. 9. Need for discovery outside United States boundaries. 5. Extended discovery period is needed. 10. Existence of highly technical issues and proof. CONTINUED ON REVERSE FOR OFFICE USE ONLY RECEIPT # JUDGE AMOUNT $ APPLYING IFP NATURE OF SUIT MAG. JUDGE (Referral) MAG. JUDGE (IFP) CAUSE OF ACTION VI. NATURE OF SUIT (PLACE AN “X” IN ONE BOX ONLY) CONTRACT - "0" MONTHS DISCOVERY TRACK’ CIVIL RIGHTS - "4" MONTHS DISCOVERY TRACK 150 RECOVERY OF OVERPAYMENT & ENFORCEMENT OF JUDGMENT 152 RECOVERY OF DEFAULTED STUDENT LOANS (Excl. Veterans) 153 RECOVERY OF OVERPAYMENT OF VETERAN'S BENEFITS 441 VOTING 442 EMPLOYMENT 443 HOUSING/ ACCOMMODATIONS 444 WELFARE 440 OTHER CIVIL RIGHTS 445 AMERICANS with DISABILITIES - Employment 446 AMERICANS with DISABILITIES - Other SOCIAL SECURITY - "0" MONTHS DISCOVERY TRACK 861 HIA (1395ff) 862 BLACK LUNG (923) 863 DIWC (405(g)) 863 DIWW (405(g)) 864 SSID TITLE XVI 865 RSI (405(g)) CONTRACT - "4" MONTHS DISCOVERY TRACK 110 INSURANCE 120 MARINE 130 MILLER ACT 140 NEGOTIABLE INSTRUMENT 151 MEDICARE ACT 160 STOCKHOLDERS' SUITS 190 OTHER CONTRACT 195 CONTRACT PRODUCT LIABILITY 196 FRANCHISE IMMIGRATION - "0" MONTHS DISCOVERY TRACK 462 NATURALIZATION APPLICATION 463 HABEAS CORPUS- Alien Detainee 465 OTHER IMMIGRATION ACTIONS TORTS - PERSONAL INJURY - "4" MONTHS DISCOVERY TRACK 310 AIRPLANE 315 AIRPLANE PRODUCT LIABILITY 320 ASSAULT, LIBEL & SLANDER 330 FEDERAL EMPLOYERS' LIABILITY 340 MARINE 345 MARINE PRODUCT LIABILITY 350 MOTOR VEHICLE 355 MOTOR VEHICLE PRODUCT LIABILITY 360 OTHER PERSONAL INJURY 362 PERSONAL INJURY - MEDICAL MALPRACTICE 365 PERSONAL INJURY - PRODUCT LIABILITY 368 ASBESTOS PERSONAL INJURY PRODUCT LIABILITY BANKRUPTCY - "0" MONTHS DISCOVERY TRACK 422 APPEAL 28 USC 158 423 WITHDRAWAL 28 USC 157 OTHER STATUTES - "4" MONTHS DISCOVERY TRACK 400 STATE REAPPORTIONMENT 430 BANKS AND BANKING 450 COMMERCE/ICC RATES/ETC. 460 DEPORTATION 470 RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS 480 CONSUMER CREDIT 490 CABLE/SATELLITE TV 810 SELECTIVE SERVICE 875 CUSTOMER CHALLENGE 12 USC 3410 891 AGRICULTURAL ACTS 892 ECONOMIC STABILIZATION ACT 893 ENVIRONMENTAL MATTERS 894 ENERGY ALLOCATION ACT 895 FREEDOM OF INFORMATION ACT 900 APPEAL OF FEE DETERMINATION UNDER EQUAL ACCESS TO JUSTICE 950 CONSTITUTIONALITY OF STATE STATUTES 890 OTHER STATUTORY ACTIONS 510 MOTIONS TO VACATE SENTENCE 530 HABEAS CORPUS 535 HABEAS CORPUS DEATH PENALTY 540 MANDAMUS & OTHER 550 CIVIL RIGHTS - Filed Pro se 555 PRISON CONDITION(S) - Filed Pro se PRISONER PETITIONS - "4" MONTHS DISCOVERY TRACK 550 CIVIL RIGHTS - Filed by Counsel 555 PRISON CONDITION(S) - Filed by Counsel FORFEITURE/PENALTY - "4" MONTHS DISCOVERY TRACK 610 AGRICULTURE 620 FOOD & DRUG 625 DRUG RELATED SEIZURE OF PROPERTY 21 USC 881 630 LIQUOR LAWS 640 R.R. & TRUCK 650 AIRLINE REGS. 660 OCCUPATIONAL SAFETY / HEALTH 690 OTHER LABOR - "4" MONTHS DISCOVERY TRACK 710 FAIR LABOR STANDARDS ACT 720 LABOR/MGMT. RELATIONS 730 LABOR/MGMT. REPORTING & DISCLOSURE ACT 740 RAILWAY LABOR ACT 790 OTHER LABOR LITIGATION 791 EMPL. RET. INC. SECURITY ACT TORTS - PERSONAL PROPERTY - "4" MONTHS DISCOVERY TRACK 370 OTHER FRAUD 371 TRUTH IN LENDING 380 OTHER PERSONAL PROPERTY DAMAGE 385 PROPERTY DAMAGE PRODUCT LIABILITY 870 TAXES (U.S. Plaintiff or Defendant) 871 IRS - THIRD PARTY 26 USC 7609 PRISONER PETITIONS - "0" MONTHS DISCOVERY TRACK REAL PROPERTY - "4" MONTHS DISCOVERY TRACK 210 LAND CONDEMNATION 220 FORECLOSURE 230 RENT LEASE & EJECTMENT 240 TORTS TO LAND 245 TORT PRODUCT LIABILITY 290 ALL OTHER REAL PROPERTY FEDERAL TAX SUITS - "4" MONTHS DISCOVERY TRACK OTHER STATUTES - "8" MONTHS DISCOVERY TRACK ✔ 410 ANTITRUST 850 SECURITIES / COMMODITIES / EXCHANGE OTHER STATUTES - “0" MONTHS DISCOVERY TRACK ARBITRATION (Confirm / Vacate / Order / Modify) (Note: Mark underlying Nature of Suit as well) PROPERTY RIGHTS - "4" MONTHS DISCOVERY TRACK * PLEASE NOTE DISCOVERY 820 COPYRIGHTS 840 TRADEMARK PROPERTY RIGHTS - "8" MONTHS DISCOVERY TRACK TRACK FOR EACH CASE TYPE. SEE LOCAL RULE 26.3 830 PATENT VII. REQUESTED IN COMPLAINT: CHECK IF CLASS ACTION UNDER F.R.Civ.P. 23 JURY DEMAND YES ✔ DEMAND $_____________________________ NO (CHECK YES ONLY IF DEMANDED IN COMPLAINT) VIII. RELATED/REFILED CASE(S) IF ANY JUDGE_______________________________ DOCKET NO._______________________ CIVIL CASES ARE DEEMED RELATED IF THE PENDING CASE INVOLVES: (CHECK APPROPRIATE BOX) 1. 2. 3. 4. PROPERTY INCLUDED IN AN EARLIER NUMBERED PENDING SUIT. SAME ISSUE OF FACT OR ARISES OUT OF THE SAME EVENT OR TRANSACTION INCLUDED IN AN EARLIER NUMBERED PENDING SUIT. VALIDITY OR INFRINGEMENT OF THE SAME PATENT, COPYRIGHT OR TRADEMARK INCLUDED IN AN EARLIER NUMBERED PENDING SUIT. APPEALS ARISING OUT OF THE SAME BANKRUPTCY CASE AND ANY CASE RELATED THERETO WHICH HAVE BEEN DECIDED BY THE SAME BANKRUPTCY JUDGE. 5. REPETITIVE CASES FILED BY PRO SE LITIGANTS. 6. COMPANION OR RELATED CASE TO CASE(S) BEING SIMULTANEOUSLY FILED (INCLUDE ABBREVIATED STYLE OF OTHER CASE(S)): 7. EITHER SAME OR ALL OF THE PARTIES AND ISSUES IN THIS CASE WERE PREVIOUSLY INVOLVED IN CASE NO. DISMISSED. This case IS IS NOT (check one box) SUBSTANTIALLY THE SAME CASE. /s/ M. Graham Loomis SIGNATURE OF ATTORNEY OF RECORD 04/12/12 DATE , WHICH WAS

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?