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Case 8:12-cv-01416-SCB-TBM Document 1 Filed 06/27/12 Page 1 of 6 PageID 1 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ln.

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JEREMY BOWMAN, Plaintiff, vs. RONALD CODDINGTON, an Individual and FLORIDA PIPELINING SOLUTIONS, LLC, a Florida limited liability company, Defendants.

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COMPLAINT
Comes now PLAINTIFF, Jeremy Bowman, (hereinafter referred to as "Bowman"), by and through undersigned counsel and files his Complaint for Declaratory Relief against DEFENDANTS, Ronald Coddington (hereinafter referred to as "Coddington") and Florida Pipelining Solutions, LLC, (hereinafter referred to as "Pipelining"), hereby states as follows:

JURISDICTION AND VENUE


1. This is an action seeking Declaratory Relief against Defendants Pipelining and

Coddington under Fla. Stat. Chapter 86. 2. Jurisdiction in this matter is based upon diversity of citizenship pursuant to 28

USC1332.

3.

Plaintiff Bowman is currently domiciled in Pennsylvania, over the age of 18, and

is otherwise sui juris.

Case 8:12-cv-01416-SCB-TBM Document 1 Filed 06/27/12 Page 2 of 6 PageID 2

4.

Defendant Pipelining is a corporation organized under the laws of the state of

Florida, with its principal place of business in Sarasota County, Florida. 5. Defendant Coddington is currently domiciled in Sarasota County Florida, over the

age of 18, and is otherwise sui juris. 6. Plaintiff brings this action to obtain a declaratory judgment finding that Defendant

Pipelining is a mere continuation or alter ego of US Sewer & Drain Florida, LLC (hereinafter referred to as "USSD") and that Plaintiff is a Fifty percent (50%) owner in Defendant Pipelining. 7. Diversity jurisdiction exists because: (a) there is complete diversity of citizenship

between Plaintiff Bowman and Defendants Coddington and Pipelining, and (b) the amount in controversy exceeds $75,000 as the value of the 50% ownership interest in Defendant Pipelining exceeds this amount. 8. Venue is appropriate in the Middle District of Florida in accordance with 28 USC

1391, in that a substantial part of the events or omissions giving rise to the claims asserted and relief requested herein occurred in Sarasota County, Florida, including, but not limited to: (a) a substantial part of the acts and/or omissions occurred in Sarasota County; and (b) the injuries and damages suffered or to be suffered by Plaintiff as a result of Defendants' wrongful acts and omissions occurred and shall continue to occur in Sarasota County. 9. That all conditions precedent to the institution of this action have been performed,

have occurred, or have been waived. FACTS 10. On or about August 14, 2009, Plaintiff Bowman organized "US Sewer & Water

Florida, LLC" listing himself and Defendant Coddington as Managing Members, each with a Fifty percent (50%) ownership interest in said Company.

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11.

On September 9, 2009, the name of "US Sewer & Water Florida, LLC" was

changed to USSD. 12. On or about December 2, 2009, Plaintiff Bowman and Defendant Coddington

entered into a "Business Combination Agreement" concerning the ownership of USSD. Copy of Business Combination Agreement is attached hereto and incorporated herein as Exhibit "A". 13. On or about December 2, 2009, Plaintiff Bowman and Defendant Coddington also

entered into an "Operating Agreement" concerning ownership of USSD. Copy of Agreement is attached hereto and incorporated herein as Exhibit "B". 14. On April 3, 2010, the parties entered into an "Addendum to Business

Combination Agreement" ratifying the enforceability of the Business Combination Agreement and extending the date for the transfer of assets from October 31, 2009 to December 31, 2009. Copy of Addendum to Business Combination Agreement is attached hereto and incorporated herein as Exhibit "C" 15. On or about June 2011, Plaintiff Bowman had a dispute with Defendant

Coddington concerning the ownership of USSD, which gave rise to the filing of an action in State Court styled JEREMY BOWMAN, an individual vs. RONALD CODDINGTON, an individual, and US SEWER & DRAIN FLORIDA, LLC a Florida limited liability company in the Circuit Court of the l21h Judicial Circuit in and for Sarasota County Florida case number 2011 CA 005835 NC. 16. On or about July 25, 2011, Defendant Coddington incorporated Defendant

Pipelining. Copy of Company listing with the State of Florida Department of Corporations is attached hereto and incorporated herein as Exhibit "D".

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17.

Defendant Coddington now runs Defendant Pipelining out of the same location

that USSD operated from. 18. USSD. 19. by USSD. 20. USSD. 21. Defendant Pipelining continues to supply the same services to the same customers Defendant Pipelining continues to use the same equipment that was used by Defendant Pipelining continues to use the same telephone numbers that were used Defendant Pipelining continues to use the same employees that were employed by

that USSD was supplying. 22. Defendant Pipelining uses the USSD website to direct all customers to its newly

created website. 23. On or about December 1, 2011, Defendant Coddington sent a letter on behalf of

Pipelining to Blue Grace Logistics, putting them on notice that the Company had changed its name from U.S. Sewer & Drain FL to Florida Pipe-Lining Solutions. Copy of Letter is attached hereto and incorporated herein as Exhibit "E". 24. The Letter referenced above in paragraph 21 states in relevant part: NEW NAME. SAME TEAM. While our name may have changed, our team, with whom you've come to depend remains in place. David Baker, our Master Plumber and company qualifier since 2005, is still an integral part of our team. As our Senior Project Engineer, David has over 40 years of hands on experience in trouble shooting and repairing complex piping systems as well as managing large pipe rehabilitation projects.

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COUNT I DECLARATORY RELIEF


25. 26. Plaintiff Bowman incorporates by reference paragraphs 1-24 as if fully stated herein. This is an action for a Declaratory Relief as authorized by Fla. Stat. Chapter 86,

seeking a determination that Pipelining is a mere continuation or alter ego of USSD and that Plaintiff Bowman is a Fifty percent (50%) owner in Pipelining. 27. Based on the wrongful acts of the Defendants, there is a bona fide, actual, present

practical need for declaration of the ownership of Pipelining, as a present controversy exists and Plaintiff is unsure as to his ownership interest in Pipelining. 28. 29. Plaintiffs ownership interest in Pipelining is dependent upon the facts in this matter. Defendant Coddington is claiming a One Hundred percent (100%) ownership

interest in Defendant Pipelining, as its sole Managing Member, creating an actual, present, adverse, and antagonistic interest between the parties. 30. The determination of Plaintiff Bowman's interest in Pipclining is not merely the

giving of legal advice or the answer to questions propounded for curiosity. 31. Plaintiff has been required to hire the undersigned to represent himself in this

matter and is obligated to pay a reasonable legal fee for the services being provided on his behalf.

WHEREFORE, Plaintiff, JEREMY BOWMAN, seeks a declaration from this Court in his
favor declaring that: A. That Florida Pipelining Solutions, LLC is a mere continuation of US Sewer & Drain

Florida, LLC, and/or the alter ego of same; B. Jeremy Bowman holds a Fifty percent (50%) ownership interest in Florida

Pipelining Solutions, LLC;

Case 8:12-cv-01416-SCB-TBM Document 1 Filed 06/27/12 Page 6 of 6 PageID 6

C.

Grant any coercive and or supplemental relief that may be necessary to enforce the

terms of this Court's Declaration pursuant to Fla. Stat. 86.011 and/or 86.061; D. calendar; E. Grant any further other relief that this Honorable Court deems just and proper. Respectfully submitted, Order a Speedy Hearing Pursuant to Fla. Stat. 86.111 and/or advance same on the

By: ____~--------------Michael L. Feinstein, Esq. Lead Trial Counsel Florida Bar No. 650382 Telephone: 954-767-9662

Attorney for Plaintiff MICHAEL L. FEINSTEIN, P.A. 888 E. Las Olas Boulevard, Suite 700 Fort Lauderdale, Florida 33301 Telephone: 954-767-9662 Fax: 954-527-0848 Email: michael@feinsteinlaw .net

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