Sturgis Motorcycle Rally, Inc. v. Rushmore Photo & Gifts, Inc. et al

Filing 52

AMENDED COMPLAINT, with Jury Demand, filed by Sturgis Motorcycle Rally, Inc. (Attachments: # 1 Exhibit A - True and Correct Copies of U.S. trademark registration certificates, # 2 Exhibit B - 2011 merchandise order book, # 3 Exhibit C - Distributed Products, # 4 Exhibit D - Products sold by Wal-Mart) (SLT)

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH DAKOTA

WESTERN DIVISION
STURGIS MOTORCYCLE RALLY, INC., )
)
Plaintiff,
)
)
v.
)
)
RUSHMORE PHOTO & GIFTS, INC.,
)
JRE, INC., CAROL NIEMANN,
)
PAUL A. NIEMANN, and
)
BRIAN M. NIEMANN, and W AL-MART )

STORES, INC.,
)

)

Defendants.
)

)

FILED
APR 2 4 2012

~

Civil No. 11-5052-JLV

~TAMENDEDCO~L~

Plaintiff Sturgis Motorcycle Rally, Inc. ("SMRi" or "Plaintiff), for its First Amended
Complaint against Rushmore Photo & Gifts, Inc. (nRPG"), JRE, Inc. (ItJREII), Carol Niemann,
Paul A. Niemann, Brian M. Niemann (the "RPG Defendants") and WalMart Stores, Inc. C'Wal­
Mart lt ) (collectively, "Defendants"), alleges as follows:

Jurisdiction and Venue
1.

This First Amended Complaint is an action for trademark infringement and unfair

competition under the Lanham Act, 15 U.S.C. §§ 1114 and 1125, for false advertising under The
Lanham Act, 15 U.S.C. § 1125(a)(l )(B), for trademark dilution under the Federal Trademark
Dilution Revision Act, 15 U.S.C. § 1125(e), for violation ofthe Anti-Cybersquatting Consumer
Protection Act, 15 U.S.C. § 1125(d), for unfair competition and trademark infringement under
the common law of South Dakota, for trademark infringement in violation ofSDCL Ch. 37-6
and related provisions, and for deceptive trade practices in violation ofSDCL Ch. 37-24 and
related provisions.

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2.

This Court has subject matter jurisdiction over this action upon the

following grounds:
28 U.S.C. § 1331, this being a civil action arising under the laws of the

a.
United States;

28 U.S.C. § 1337(a), this being a civil action arising under an Act of

b.

Congress regulating commerce;
28 U.S.G. § 1338(a), this being a civil action arising under the

c.

trademark laws of the United States, namely, the Lanham Act, 15 U.S.C. § 1051et seq.
28 U.S.C. § 1338(b), this being a civil action asserting a claim of unfair

d.

competition joined with a substantial and related claim under the trademark
laws; and
e.

28 U.S.C. § 1367(a), this being a civil action including claims that are so

related to claims that are within the original jurisdiction of this Court that they form part of the
same case or controversy under Article III of the United States Constitution.
3.

Venue is proper in this Court under the provisions of28 U.S.C. § 1391(b)

and (c).

The Parties
4.

Plaintiff Sturgis Motorcycle Rally, Inc. ("SMRiIt) is a South Dakota notfor­

profit corporation with a principal place of business at 1612 Junction Avenue, Suite 4, Sturgis,
SD 57785.
5.

Upon information and belief, Defendant Rushmore Photo & Gifts, Inc. ("RPG")

is a South Dakota corporation with a principal place of business at 11993 US Hwy 16, Custer, SD

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57730-2009. RPG may be served through its registered agent, Paul Niemann, at 11993 US Hwy
16, Custer, SD 57730.
6.

Upon information and belief, JRE, Inc. ("JREI!) is a South Dakota corporation

having a principal place of business of 11993 US Hwy 16, Custer, SD 577307114. JRE may be
served through its registered agent, Paul Niemann, at 11993 US Hwy 16, Custer, SD 57730.

7.

Upon information and belief, Carol Niemann is an individual and resident

of South Dakota, with an address of 11993 US Hwy 16, Custer, SD 57730.
8.

Upon information and belief, Paul A. Niemann is an individual and resident

of South Dakota, with an address of 11993 US Hwy 16, Custer, SD 57730.
9.

Upon information and belief, Brian M. Niemann is an individual and resident

of South Dakota, with an address of 4101 Troon Ct., Rapid City, SD 57702.
10.

Upon information and belief, Wal-Mart Stores, Inc. is a Delaware corporation

registered to do business in South Dakota and with a principal place of business in Arkansas, and
business locations in Spearfish and Rapid City, South Dakota. Wal-Mart may be served by
service on its registered agent, CT Corporation System, 319 S. Coteau Street, Pierre, SD 57501­
3108, or at its business location at 2825 1st Avenue, Spearfish, SD 57783 (the "Wal-Mart
Spearfish Store").

Background Fads Regarding PlaintifJ
11.

Since 1938, SMRi and its predecessors-in-interest have organized, sponsored,

marketed and promoted a motorcycle rally known in recent decades as the "Sturgis Motorcycle
Rally," which takes place annually in and near the city of Sturgis, South Dakota and the Black
Hills area of South Dakota and Wyoming. SMRi, together with its licensee, the City of Sturgis,
South Dakota, has been the official sponsor of the Sturgis Motorcycle Rally for many years. A

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principal purpose of this annual event is to promote economic development in the City of Sturgis
and the surrounding Black Hills area of South Dakota and Wyoming.
12.

The Sturgis Motorcycle Rally, which officially begins on the first Monday

following the first full weekend each August, is the premier motorcycle-related event in the
world and brings hundreds of thousands of visitors to the City of Sturgis, South Dakota and the
Black Hills region each year. The Sturgis Motorcycle Rally is the most famous, well-attended
motorcycle enthusiast event in the world. As a result of the fame of the Sturgis Motorcycle Rally
and the hundreds of thousands of visitors who attend the event each year, the event has become a
destination for some ofthe country's best-known musical groups and entertainers, celebrities and
even Presidential candidates.
13.

In promoting and otherwise supporting the Sturgis Motorcycle Rally, SMRi and its

predecessors-in-interest have used, and permitted others to use, certain proprietary trademarks and
service marks to identify the activities comprising this annual event and the goods sold in
conjunction therewith. Those proprietary designations have included the terms STURGIS®,
STURGIS MOTORCYCLE RALLYTM, STURGIS RALLY & RACES1M, TAKE THE RIDE
TO STURGIS®, STURGIS BIKE WEEK® and a composite design mark which includes at its
center and as the largest and most prominent textual component thereof the term STURGIS (the
"STURGIS Composite Design Mark") (collectively, the foregoing shall be referred to herein as
the "STURGIS Marks").
14.

The success of the Sturgis Motorcycle Rally is due in large part to the

longstanding, continuous and extensive sponsorship, promotion and support by SMRi and its
predecessors-in-interest, including the Sturgis Area Chamber ofCornmerce, with respect to the
offering, sale and distribution of goods and services related to the Sturgis Motorcycle Rally and

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sold under and in conjunction with the STURGIS Marks, and due to the related activities of
SMRi, its predecessors and their licensee, the City of Sturgis, in related sponsorship activities
under the STURGIS Marks and pertaining to the Sturgis Motorcycle Rally.
15.

Over the last two decades, for example, SMRi, its predecessors and their

respective licensees have sold tens of millions of dollars in licensed goods in conjunction with
the STURGIS Marks. Sponsors of the Sturgis Rally have included Harley-Davidson, RJ.
Reynolds, Coca-Cola of the Black Hills, GEICO and Jack Daniels.
16.

As a result of royalties generated from the sale of licensed goods and sponsorships

of the Sturgis Motorcycle Rally, SMRi and its predecessors have made substantial contributions
to the betterment of the Sturgis community, such as by making contributions to over 90 different
causes and organizations, including the Meade County summer school program, Salvation Army's
food cupboard, Sturgis Arts Council, Sturgis Jaycees, Sturgis Little League, Sturgis Police
Department D.A.R.E. program, Sturgis Volunteer Fire Department, Black Hills Area Habitat for
Humanity, Crisis Intervention Shelter, special projects of the City of Sturgis, and Girl Scouts of
the USA. These activities have engendered a great deal of goodwill for SMRi, its predecessors,
their respective sponsorship and promotion ofthe Sturgis Motorcycle Rally and for the STURGIS
Marks.
17.

Further strengthening the STURGIS Marks to connote and promote goods and

services in conjunction with the Sturgis Motorcycle Rally, SMRi and its predecessors have
obtained and/or acquired, and SMRi owns, a number of U.S. registrations for several of the
STURGIS Marks. These registrations provide nationwide notice to others of the rights ofSMRi
and further strengthen the Sturgis Motorcycle Rally and the goodwill of SMRi associated with
the STURGIS Marks. Such registrations are comprised of or include:

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• STURGIS®, u.s. Reg. No. 3,923,284, for use in connection with an extensive array
of goods and services;
• TAKE THE RIDE TO STURGIS®, U.S. Reg. No. 2,698,677, for use in
connection with clothing, namely, t-shirts and sweatshirts and caps;
• STURGIS BIKE WEEK®, U.S. Reg. Nos. 2,070,955; 3,825,398; 3,818,703;
3,838,171; 3,911,270; 3,923,236 for use in connection with a wide variety of
merchandise; and
• The STURGIS Composite Design Mark, U.S. Reg. No. 1,948,097, for use in
connection with, inter alia, "promoting sports competitions and/or events of others,
namely motorcycle rallies, exhibits and competitions" (shown below);

car

(The foregoing registrations shall be referred to hereinafter as the "STURGIS
Registrations").
18.

Attached at Exhibit A hereto are true and correct copies of the U.S. trademark

registration certificates for the STURGIS Registrations, which STURGIS Registrations are
owned by Plaintiff, are live and subsisting, and constitute evidence of the validity of each of the
respective registered marks, Plaintiffs ownership of each of the registered marks, and Plaintiffs
exclusive right to use each of the registered marks in commerce on or in connection with the
goods and services set forth in each of the respective STURGIS Registrations (See Exhibit A).
19.

As a result of the longstanding use by SMRi and its predecessors of the

STURGIS Marks, and the tremendous goodwill derived from such ownership and use of the
STURGIS Marks and the ownership of the STURGIS Registrations, the STURGIS® mark is
distinctive and has become a famous mark within the meaning of the U.S. Trademark Dilution
Revision Act.

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Defendants and Their ruegal Activities
20.

Without authorization, license or consent from Plaintiff, the RPG Defendants

have been using reproductions, counterfeits, copies and colorable imitations of Plaintiffs
registered STURGIS® mark, in connection with the sale, offering for sale, distribution and
advertising of the RPG Defendants' goods, and in a manner which is likely to cause confusion,
to cause mistake and to deceive consumers and potential consumers. Defendant Wal-Mart has
offered and sold the RPG Defendants' goods to the purchasing public in the Wal-Mart Spearfish
Store.
21.

The RPG Defendants also have applied unauthorized reproductions, counterfeits,

copies, and colorable imitations of Plaintiffs STURGIS® mark to the labels, signs, prints,
packages, wrappers, receptacles and advertisements used and intended to be used in commerce
upon or in connection with the sale, offering for sale, distribution, and advertising of goods sold
in this country, which goods have been sold in the Wal-Mart Spearfish Store, and which use is
likely to cause confusion, to cause mistake and to deceive consumers and potential consumers.
22.

Attached at Exhibit B hereto is a 2011 merchandise order book issued by

Defendant RPG, displaying goods offered for sale, sold and advertised by each ofRPG
Defendants. As set forth in Exhibit B and otherwise, the RPG Defendants' counterfeit and
infringing goods are sold under the false and misleading designations "Officially Licensed
Sturgis™ Products; "Legendary Sturgis™", "Licensed Sturgis™'', "Authentic Sturgis™",
"Sturgis Authentic AppareI™,,, "The Only True Original," "Oldest-Biggest- Best™" "Sturgis
Motor ClassicTM", "SMC TM", "STURGIS TM" and "STURGIS 71 St Annual 2011 Motor

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Classic™n (the foregoing designations shall be referred to herein as "Defendants' Infringing
Designations,,) (See Exhibit B).
23.

Defendants have offered for sale, sold and distributed products bearing the

Defendants' Infringing Designations, some examples of which are shown at Exhibit C hereto
(See Exhibit C). In particular, goods bearing Defendants' Infringing Designations have been
offered and sold by Wal-Mart at the Wal-Mart Spearfish Store, as shown in the images shown at
Exhibit D (See Exhibit D).
24.

By offering for sale, selling, distributing, marketing and advertising goods sold

under the Defendants' Infringing Designations, Defendants intentionally have violated the
Plaintiff s rights in and to the STURGIS Marks and the STURGIS Registrations, and with the
knowledge and intention that the use in commerce of Defendants' Infringing Designations were
and are intended to cause confusion, to cause mistake, and to deceive consumers and potential
consumers.
25.

Defendants also, in connection with the offering for sale, sale, distribution,

advertising and promotion of goods bearing and in conjunction with Defendants' Infringing
Designations, have caused, are causing and are likely to cause confusion and mistake, and have
deceived, are deceiving and are likely to deceive, as to the affiliation, connection, and association
of Defendants with SMRi, and as to the origin, sponsorship, and approval of Defendants' goods
and commercial activities.
26.

Further, Defendants, by their offering for sale, distribution, marketing and

advertising of goods bearing and in conjunction with Defendants' Infringing Designations, in
commercial advertising and promotion, have misrepresented the nature, characteristics, qualities,
and origin oftheir goods and their commercial activities, to the harm of Plaintiff. As shown in

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the images at Exhibit D hereto, the false advertising by Defendants is enhanced by the display of
the RPG Defendants' goods bearing Defendants' Infringing Designations on Wal-Mart store
shelves adjacent to the official "Sturgis II" guidebook published by an SMRI licensee.
27.

Still further, the RPG Defendants have applied to register with the U.S. Patent &

Trademark Office ("PTO") at least two trademark applications in unfair competition with
Plaintiff, and made unfair, deceptive and fraudulent representations to the PTO in the furtherance
of those applications. RPG filed an application to register the confusingly similar and deceptive
designation "Officially Licensed Sturgis" with the PTO pursuant to U.S. Appl. Serial No.
78/936,215, for use in conjunction with "Hats; Shirts" in International Class 25, which

application has not attained registration but which remains pending and suspended. JRE filed an
application to register the confusingly similar designation "Sturgis Motor Classic" with the PTO
pursuant to Appl. Serial No. 78/872,267 in conjunction with goods described in International
Classes 16,21 and 25, which application has not attained registration but remains pending (the
"RPG Defendants' U.S. Trademark Applications").
28.

Defendants' activities already have caused and are causing confusion in the

marketplace. RPG and its representatives have communicated to retailers that the RPG
Defendants' U.S. Trademark Applications convey to Defendants rights not owned by Defendants,
such as by representing to retailers that the RPG Defendants' U.S. Trademark Applications are
"good" and "official" and convey rights to Defendants that are, to the contrary, owned by Plaintiff.
29.

After the Plaintiff s STURGIS® mark became famous and distinctive, Defendants

commenced use of Defendants' Infringing Designations in commerce, which use is likely to
cause dilution by blurring and/or by tarnishment of the famous STURGIS® mark. In fact,
Defendants, by using the Defendants' Infringing Designations, have intended to infringe and

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dilute the Plaintiffs STURGIS® mark. Defendants' acts entitle Plaintiff to an injunction and
other remedies, including monetary remedies.
30.

The RPG Defendants also have obtained and used domain name registrations in

violation of Plaintiffs rights. Defendant JRE registered, and the RPG Defendants use, the domain
names AuthenticSturgis.com, Legendary-Sturgis.com, LieensedSturgis.com, Official­
Sturgis.com, SturgisCentral.com, SturgisMotorClassic.com, and SturgisRallyOnline.com
(collectively, lithe RPG Defendants' Domain Names"), all with bad faith intent to profit from the
unlawful use of Plaintiffs STURGIS Marks, including Plaintiffs famous STURGIS® mark.
Plaintiffs marks were distinctive and the STURGIS® mark was famous at the time ofthe
registration of the RPG Defendants' Domain Names, the RPG Defendants' Domain Names are
confusingly similar or identical to Plaintiffs STURGIS Marks and dilutive of Plaintiffs
STURGIS® mark, and Plaintiffs STURGIS Marks are protected by reason of section 706 oftitle

18, U.S. Code, or section 220506 of title 36, U.S. Code. Plaintiff is entitled to a forfeiture and
cancellation or transfer of the domain names, plus actual or statutory damages of up to $100,000
per each of the RPG Defendants' Domain Names, pursuant to Section 43(d) of the Lanham Act
and 15 U.S.C. § 11 17(d).
31.

The RPG Defendants' use ofthe RPG Defendants' Domain Names also constitutes

trademark infringement and unfair competition in violation of Plaintiffs rights, all in connection
with the offering, marketing, distribution and sale of goods related to the Sturgis Motorcycle
Rally.
32.

Defendants' acts complained of herein have been willful, with the intent to harm the

rights of Plaintiff.

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33.

Defendants' acts have caused actual confusion among consumers who purchase

and are likely to purchase goods bearing Plaintiff's STURGIS Marks.
34.

Ibe RPG Defendants also, on information and belief, have obtained South Dakota

state trademark registrations in violation of SDCL 37-6 et seq., which registrations should be
cancelled, and the RPG Defendants have violated the rights of Plaintiff under South Dakota law
by using Defendants' Infringing Designations, which violations arise under SDCL 37-6-3, which
provides:
Every person who, with intent to defraud, affixes to any goods, or to any
container of goods, any label, stamp, brand, imprint, printed wrapper, ticket,
or mark, which designates such goods by any word or token which is wholly
or in part the same to the eye or to the ear as the word or any of the words or
tokens used by any other person as his trade-mark, and every person who
knowingly sells or keeps or offers for sale any such goods or containers with
any such label, stamp, brand, imprint, printed wrapper, ticket, or mark affixed to
or upon it, in case the person affixing such mark, or so selling, exposing, or
offering for sale such goods or containers, was not the first to employ or use
such words as his trade-mark, is guilty of a Class I misdemeanor, and in
addition to the punishment prescribed therefor is liable to the party aggrieved in
the penal sum of one hundred dollars for each and every offense, to be
recovered by him in a civil action.
The RPG Defendants are liable to Plaintiff pursuant to the provisions ofSDCL 37-6-3.
35.

'{be acts of Defendants complained of herein are likely to confuse consumers within

the meaning of South Dakota common law prohibiting unfair competition and trademark
infringement.
36.

The acts of Defendants complained ofherein constitute the knowing and intentional

use and employment of deceptive acts, false pretenses, false promises and/or misrepresentations,
and the concealment, suppression and omission of material facts in connection with the sale and
advertisement of merchandise by Defendants. Plaintiff has been adversely affected by the acts of
Defendants and has incurred damages and other harm as a result of Defendants' acts.

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Count I: Infringement of Registered Marks. 15 U.S.C. § 1114
37.

Plaintiff incorporates by reference paragraphs 1-36 above as iffully set out herein.

38.

The acts of Defendants complained of herein constitute trademark infringement of a

registered mark under the Lanham Act, 15 U.S.C. § 1114.
39.

Plaintiffhas been damaged by the acts of Defendants complained of herein.

Count II: Unfair Competition. 15 U.S.C. § 1125(a)(1)(A)
40.

Plaintiff incorporates by reference paragraphs 1-39 above as if fully set out

41.

The acts of Defendants complained of herein constitute unfair competition under

herein.

the Lanham Act, 15 U.S.C. § 1125(a)(1)(A).
Plaintiff has been damaged by the acts of Defendants complained ofherein.

42.

Count ill: False Advertising. 15 U.S.C. § 1125(a)(1)(8)
43.

Plaintiff incorporates by reference paragraphs 1-42 above as if fully set out

herein.
44.

The acts of Defendants complained of herein constitute false advertising

under the Lanham Act, 15 U.S.C. § 1125(a)(I)(B).
45.

Plaintiff has been damaged by the acts of Defendants complained of

herein.

Count IV: Dilution of Famous Mark,

Federal Trademark Dilution Revision Ad Violation, 15 U.S.C. § 1125(e)

46.

Plaintiff incorporates by reference paragraphs 1-45 above as if fully set out

herein.

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47.

The acts of Defendants complained of herein constitute dilution of a famous

mark under the Trademark Dilution Revision Act, 15 U.S.C. § 1125(c).
48.

Plaintiff has been damaged by the acts of Defendants complained of herein.

Count V: Violation of Anti-Cybenguattiog Consumer Protection Act,
15 U.S.C.' 1125(d)
49.

Plaintiff incorporates by reference paragraphs 1-48 above as if fully set out herein.

50.

This claim is asserted against the RPG Defendants, and not against WaiMart.

51.

The acts of the RPG Defendants complained of herein constitute violation of the

Anti-Cybersquatting Consumer Protection Act, 15 U.S.C. § 1125(d).
52.

Plaintiff has been damaged by the acts of the RPG Defendants complained of

herein.

Count VI: Unfair Competition and Trademark Infringement, South Dakota
Common Law
53.

Plaintiff incorporates by reference paragraphs 1-52 above as if fully set out herein.

54.

The acts of Defendants complained of herein constitute unfair competition and

trademark infringement under the common law of the State of South Dakota.
55.

Plaintiff has been damaged by the acts of Defendants complained of herein.

Count VII: Trademark Infringement, SDCL 37-6 and Related Provisions
56.

Plaintiffincorporates by reference paragraphs 1-55 above as iffully set out herein.

57.

The acts of Defendants complained of herein constitute trademark infringement

under SDCL 37-6 et seq.
58.

Plaintiff has been damaged by the acts of Defendants complained of

herein.

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Count VIII: Deceptive Trade Practices. SDCL 37-24-6 and Related Provisions
59.

Plaintiff incorporates by reference paragraphs 1-58 above as if fully set out

60.

The acts of Defendants complained of herein constitute deceptive trade

herein.

practices and a violation ofSDCL 37-24-6 et seq., including 37-24-31 and related
provisions.
61.

Plaintiff has been damaged by the acts of Defendants complained of herein.

62.

The harm to Plaintiff incurred by virtue of Defendants' unlawful activities is not

fully compensable via monetary remedies, but also requires injunctive relief against Defendants.

WHEREFORE, Plaintiff Sturgis Motorcycle Rally, Inc. requests that the Court:
(a) Preliminarily and permanently enjoin Defendants from infringing Plaintiff's
STURGIS Marks;
(b) Preliminarily and permanently enjoin Defendants from unfairly competing against
Plaintiff;
(c) Preliminarily and permanently enjoin Defendants from falsely representing the
nature, characteristics, qualities and origin of their or SMRi's goods, services and
commercial activities;
(d) Preliminarily and permanently enjoin Defendants from diluting the distinctiveness of
Plaintiff's famous STURGIS® Mark, or from tarnishing the Plaintiff's mark;
(e) Preliminarily and permanently enjoin the RPG Defendants from profiting in bad faith
from, or maintaining the registration of, the RPG Defendants' Domain Names, and
ordering that Defendants transfer the RPG Defendants' Domain Names to Plaintiff;

(t) Preliminarily and permanently enjoin Defendants from infringing Plaintiff's rights

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under South Dakota common law and from committing trademark infringement under
South Dakota statutory law, and from committing unfair and deceptive trade practices
under the South Dakota Deceptive Trade Practices and Consumer Protection Act,
SDCL § 37-24-6 et seq.
(g) Preliminarily and permanently enjoin the RPG Defendants from maintaining state
trademark registrations violative ofPlaintifi's rights;
(h) Award Plaintiff all monetary remedies to which it is entitled under the common law
and the particular statutes referenced herein, including, without limitation, any and all
profits realized by Defendants from the unlawful activities made the subjects of
Plaintiffs claims, any damages sustained by Plaintiff as a result of Defendants'
unlawful activities, and the costs of this action, pursuant to 15 U.S.C. § 1117 and
otherwise as just and appropriate under the law;
(i) Award enhanced monetary remedies pursuant to Section 35 of the Lanham Act, 15
U.S.G. § 1117, and SDCL 37-24-31;

G) Order the destruction of all infringing articles sold on or in conjunction with
Defendants' Infringing Designations, pursuant to 15 U.S.C. § 1118.
(k) Direct the U.S. Patent & Trademark Office to refuse registration to the RPG
Defendants' U.S. Trademark Applications, pursuant to 15 U.S.C. § 1119;
(1) Award Plaintiff its reasonable attorneys' fees; and
(m) For such other and further relief as the Court deems just.

PLAINTIFF DEMANDS A TRIAL BY JURY ON ALL ISSUES SO TRIABLE.

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Respectfully submitted this24th day of April, 2012.

Micha C. L
CLA
E, LOa & SABERS, LLP 2834
Jackson Blvd., Suite 201
P.O. Box 9129
Rapid City, SD 57709
6051721-1517 (tel)
6051721-1518 (FAX)
[e-mail]
Jason M. Sneed
SNEEDPLLC
610 Jetton St., Suite 120-107
Davidson, North Carolina 28036
7041779-3611 (tel)
[e-mail]

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CERTIFICATE OF SERVICE

The undersigned hereby certifies that on the 24th day of April, 2012, he served a true
and correct copy of the FIRST AMENDED COMPLAINT by electronic filing
through the South Dakota CM/ECF system, upon the following:
Chrisman J. Palmer

Gunderson, Palmer, Nelson & Ashmore

P.O. Box 8045

Rapid City, SD 57709-8045

[e-mail]

Aaron W. Davis

Patterson Thuente Christensen Peterson, P .A.

80 South Eighth Street, Suite 4800

Minneapolis, MN 55402-2100
[e-mail]

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