Attorneys for Plaintiff
IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE INDIGENOUS NATION OF THREE RIVERS NARROWS
O-PE-NIG, a single individual; )
Plaintiff, ) CIVIL NO. 2012-CV-162 KIJ HP ) vs. ) COMPLAINT FOR DAMAGES, ) JURY TRIAL DEMANDED TAG ENTERPRISE, a Delaware ) UNDER FRCP RULE 38(b). Corporation; EUSKADI, INC., a )
Washington Corporation; EUSKATEL, )
INTERNATIONAL, a Mexican Corporation;)
and UM-BAY, a single individual )
The Plaintiff, by and through attorneys of record, Team 13, LLC, for his Complaint against the Defendants named, herein alleges as follows: I. PARTIES
The Plaintiff, O-pe-nig, resided in and is a member of Three River Narrows Indigenous Nation in Arizona, and is thus a citizen of the Three River Narrows Indigenous Nation and of the state of Arizona. 2.
The Defendant, TAG Enterprises (“TAG”), a corporation organized under the laws of the state of Delaware, and with its principal place of business in New York. Thus, TAG is a citizen of Delaware and New York. At all times relevant hereto, TAG was an engineering firm that designed and obtained preliminary patents for the Contador bicycle (“Contador”) micro-carbon frame, electronic power shifters and aerodynamic suspension system. 3.
The Defendant, Euskadi, Incorporated (“Euskadi”), a corporation organized under the laws of the state of Washington, and with its principal place of business in Washington as well. Thus, Euskadi is a citizen of the state of Washington. At all times relevant hereto, Euskadi was a performance bicycle manufacturer that produced and distributed bicycles, including the Contador, using Internet retail sales, as well as office locations in the state of Arizona. 4.
The Defendant, Euskaltel International (“EI”), a foreign corporation organized under the laws of the country of Mexico, and with its principal place of business in Mexico as well. Thus, EI is a citizen of the country of Mexico. At all times relevant hereto, EI was a performance bicycle part manufacturer that produced and distributed bicycle parts, including Contador parts, to Euskadi. 5.
The Defendant, Um-bay, resided in and is a member of Crooked Mountain Indigenous Nation in Colorado and is a member of the Crooked Mountain Indigenous Nation, and is thus a citizen of the Crooked Mountain Indigenous Nation and the state of Colorado. II. JURISDICTION
This Court enjoys subject matter jurisdiction over this cause of action under 28 T.R.N. §1332 because the Plaintiff and Defendants are citizens of different states and the amount in controversy exceeds $75,000 exclusive of interests and costs. 7.
This Court enjoys personal jurisdiction over the Defendants under T.R.N. §16-4.2(a) because the allegations made in the claim happened in the Three River Narrows Indigenous Nation, and the Plaintiff was and remains a resident of the Three River Narrows Indigenous Nation. III. VENUE
Venue is proper in accordance with 28 T.R.N. § 1391(b) because a substantial part of the events or omissions giving rise to the claims occurred in Three River Narrows Indigenous Nation, including the accident which leads to the complaint therein. IV. STATEMENT OF FACTS
The Contador: According to Defendants, the Contador is a revolutionary aerodynamic high performance bicycle created to reach and maintain speeds of fifty (50) miles per hour. However, the Contador is still in the testing phase...
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