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SUMM

vs.

District Court.

CLARK COUNTY. NEVADA

EMIL INTERACTIVE GAMES, LLC d/b/a ATTACKPOKER.COM, A Nevada Limited Liability Company Plaintiff, KENNETH HORRELL, an individual DOE individuals, I through XX, and ROE CORPORATIONS lthrough XX, Defendants.

CASE NO. DEPT. NO.

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SUMMONS -CIVIL

NOTICE! YOU HAVE BEEN SUED. THE COURT MAY DECIDE AGAINST YOU WITHOUT YOUR BEING HEARD UNLESS YOU RESPOND WITmN 20 DAYS. READ THE INFORMATION BELOW. TO THE DEFENDANT(S): Complaint. A civil Complaint has been filed by the Plaintiff(s) against you for the relief set forth in the

1. If you intend to defend this lawsuit, within 20 days after this Summons is served on you, exclusive of the day of service, you must do the following: a. File with the Clerk of this Court, whose address is shown below, a formal written response to the Complaint in accordance with the rules ofthe Court, with the appropriate filing fee. b. Serve a copy of your response upon the attorney whose name and address is shown below.

2. Unless you respond, your default will be entered upon application of the Plaintiff(s) and this Court may enter ajudgment against you for the relief demanded in the Complaint, which could result in the taking of money or property or other relief requested in the Complaint. 3. If you intend to seek the advice of an attorney in this matter, you should do so promptly so that your response may be filed on time. 4. The State of Nevada, its political subdivisions, agencies, officers, employees, board members, commission members and legislators, each have 45 days after service of thisSummons within which to file an Answer Orother responsive p. . g to the Complaint CLERK OF COURT PAMELA PULLAN' By: Deputy Clerk
SIGAL CHATTAH, ESQ. NEVADA BAR NO.: 8264 5875 S. RAINBOW BLVD #204 LAS VEGAS NEVADA 89118 (702) 360-6200 ATTORNEY FOR PLAINTIFF

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Regional Justice Center 200 Lewis Avenue Las Vegas, NV 89155

LA

NOTE: When service is by publication, add a brief statement of the objec:t of the action.

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f SI~~ CHAIT AH, ESQ. Nevada Bar No.: 8264

LAW OFFICES OF SIGAL CHAIT AH
5875 S. Rainbow Blvd #204 Las Vegas, Nevada 89118 Tel: (702) 360-6200 Fax:{702) 643-6292 Chattahlaw@gmail.com Attorney for Plaintiff Emil interactive Games. LLe
d/b/a Attackl'oker.com It:

07f31/Z013

03:10:00

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CLERK OF THE COURT

DISTRICT

COURT

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CLARK COUNTY NEVADA

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EMIL INTERACTIVE GAMES, LLC d/b/a ATTACKPOKER.COM, A Nevada Limited Liability Company
Plaintiff
VS.

) ) CASE NO.! A - 1

) DEPT NO.:
) ) )

3- 686 2 2 8 - C XXI I I

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KENNETH HORRELL, an individual DOE individuals. I through XX. and ROE CORPORATIONS I through XX, Defendants.

) COMPLAINT
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COMES NOW, Plaintiff, EMIL INTERACTIVE GAMES LLC d/b/a AIT ACKPOKER.COM, by and through the undersigned attorney of record, SIGAL

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CHAIT AH, ESQ., of the LAW OFFICES OF SIGAL eHA TT AH, who hereby submits this Complaint against Defendants and each of them and allege as follows:

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Plaintiff, EMIL INTERACTIVE

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I. PARTIES GAMES LLC d/b/a ATT ACKPOKER.COM

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(hereinafter hATTACKPOKER.COM")

is and at all times herein mentioned. a Nevada Limited

I Liability Company

doing business in the State of Nevada.

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At all times mentioned herein, Defendant, KENNETH HORRELL was and is an

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individual residing in Hawaii doing business in the State of Nevada. 3. The true names and capacities, whether individual, corporate, associate, or

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otherwise, of Defendants DOES I through V, and ROE CORPORATIONS I through V, inclusive, are unknown to Plaintiff, who therefore sues said Defendants by such fictitious names. Plaintiff is informed and believes and thereon alleges that each of the Defendants designated herein as a DOE or ROE CORPORATION is responsible in some manner for the events and happenings herein referred to and damages caused proximately thereby to Plaintiff as herein alleged; that Plaintiff will ask leave of this Court to amend this Complaint to insert the true names and capacities of said Defendants DOES I through V and/or ROE CORPORATIONS I through V, when same have been ascertained by Plaintiff, together with appropriate charging allegations, and to join such Defendants in this action . . 4. All of the acts or failures to act herein were duly performed by and attributable to

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all Defendants, each acting as agent, employee, or under the direction and/or control of the others. Said acts or failures to act were within the scope of said agency and/or employment and each Defendant and ratified the acts and omissions by the other Defendants. Whenever and wherever reference is made in this Complaint to any acts by Defendants, such allegations and
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references shall also be deemed to mean the acts of each Defendant acting individually, jointly or severally.
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INTRODUCTION
5. On or about July 5, 2013, the Parties herein entered into a Sponsorship Agreemen

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(hereinafter "The Agreement") for Defendant's entry into the Main Event at the annual World Series of Poker 2013 (hereinafter "WSOP") held at the Rio Hotel & Casino in Las Vegas,

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Nevada.

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Pursuant to the terms of the Agreement, on July 6, 2013 ATTACKPOKER.COM

paid a $10,000.00 USD entry fee at the Rio Hotel and Casino for the Main Event, wherein Defendant was to commence playing in said event on Monday, July 8, 2013.

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Furthermore, pursuant to the terms of said Agreement, Defendant was to wear

Attack Poker logo merchandise in plain sight during the course of the event.
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Additionally, the terms of the Agreement provided that if Defendant was to

receive any cash winnings, that ATT ACKPOKER.COM wou1d"receive fifty percent (50%) of
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the total cashed amount." In the event that Defendant would have played at the final table Defendant would have been entitled to a bonus of twenty-five percent (25%) of the total cashed amount. See Agreement attached herein as Exhibit "A ".

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On Sunday, July 7, 2013, Defendant withdrew the registration paid for by

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ATTACKPOKER.COM. and wrongfully took the $10,000.00 personal use.

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entry fee for his own

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On Monday July 8, 2013, an employee of ATTACKPOKER.COM was notified

Defendant's embezzlement of the $10,000.00 and immediately notified Defendant that either he play in the tournament or return the money, wherein Defendant refused to do so. 11. Defendant subsequently returned to Hawaii and has refused to return the

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$10,000.00 USD entry fee to ATTACKPOKER.COM

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III. FIRST CLAIM FOR RELIEF

(Breach Of Contract) 12. Plaintiff repleads and realleges all of the paragraphs in the preceding Claims for

Relief and incorporates the same by reference as if fully set forth herein.

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On July 5, 2011, the Parties entered into an Agreement whereby was to provide $10.000.00 USD for Defendant to play in the Main

ATIACKPOKER.COM

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Event at the 2013 WSOP . 14. On July 6, 2013, two employees of ATfACKPOKERCOM escorted Defendant

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to the Rio Hotel & Casino and paid the $10,000.00 USD entry fee for the Main Event tournament, which Defendant was to play on Monday July 8, 2013.

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That on the day before his scheduled tournament was to begin, Sunday July 7,

2013, Defendant wrongfully withdrew his registration in the Main Event and wrongfully obtained a refund of $10,000.00 entry fee. 16. That to this day, Defendant bas refused to return said entry fee to

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ATTACKPOKERCOM. 17. 18. That Defendant has breached the terms of the Agreement. As a direct and proximate result of Defendant's breach of contract, Plaintiff has

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been damaged in an amount in excess of $10,000.00, the exact amount of which will be determined at trial. 19. That it has been necessary for Plaintiff to retain counsel to prosecute this action

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by reason of which it is entitled to reasonable attorney's fees.

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IV. SECOND CLAIM FOR RELIEF (Breath Of Covenant Of Good Faith and Fair Dealing) 20. Plaintiff repleads and realleges all of the paragraphs in the preceding Claims for

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Relief and incorporates the same by reference as if fully set forth herein.

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Based on the continuous relationship between Plaintiff and Defendant, Plaintiff

provided Defendant with the $10,000.00 USD entry fee in accordance with the Agreement as agreed by said parties and expected Defendant to play in the Main Event. 22. Defendant wrongfully and deliberately took advantage of the good faith extended

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by Plaintiff in providing the entry fee under said Agreement, thereby breaching the implied
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covenant of good faith and fair dealing inherent in the subject Agreement.
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Wherefore Defendant did not act in good faith, that is, did not perform the

contract in the manner reasonably contemplated by the parties, Plaintiff has a remedy that goes beyond that of breach of the express terms of the contract. 24. As a direct and proximate result of Defendant's breach, Plaintiffhas suffered

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damages in excess of$10,000.00, the exact amount of which will be proven at trial. 25. As a further direct and proximate result of Defendant's breach, Plaintiffhas had t

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hire counsel to prosecute this matter by reason of which it is entitled to reasonable attorney's fees.

V.
THIRD CLAIM FOR RELIEF
(Monies Due and Owing) 26. Plaintiffrepleads and realleges all of the paragraphs in the preceding Claims for

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Relief and incorporates the same by reference as if fully set forth herein.

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That Defendant owes to Plaintiff no less than $10,000.00 USD for the amount of and although demand has

monies that Defendant has stolen from the ATIACKPOKER.COM

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been made upon Defendant for payment of said sum, Defendant has failed, neglected and refused, and continue to fail, neglect and refuse, to pay the same. 28. It has been necessary for Plaintiff to retain the services of an attorney to prosecute

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this action, by reason of which it is entitled to reasonable attorney's fees.

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VI. FOURTH CLAIM FOR RELIEF (Conversion) 29. Plaintiff repleads and realleges all of the paragraphs in the preceding Claims for

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Relief and incorporates the same by reference as if fully set forth herein. 30. Whereas, Defendant currently and wrongfully maintains in his possession specifically over $10,000.00 which is the rightful property

property of ATTACKPOKER.COM
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of ATTACKPOKER.COM.
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Defendant has exerted a wrongful dominion over ATTACKPOKER.COM's

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property and a wrongful interference with said owner's dominion of this property. 32. As a direct and proximate result of Defendants' conscious and intentional

behavior, Plaintiff has suffered damages in excess of $10,000.00, the exact amount of which will be proven at trial. 33. As a further direct and proximate result of Defendant's conscious and intentional

behavior, Plaintiffhas

had to hire counsel to prosecute this matter by reason of which it is

entitled to reasonable attorney's fees. VII. FIFTH CLAIM FOR RELIEF (punitive Damages) 34. Plaintiff repleads and realleges all of the paragraphs in the preceding Claims for

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Relief and incorporates the same by reference as if fully set forth herein.
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That the acts of Defendant were intentional, wanton, malicious, willful, and

oppressive and done for the sole purpose of converting Plaintiff's property with an intent to not participate in the WSOP Main Event, such that Plaintiff is entitled to punitive damages in an amount in excess of $10,000.00.

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VIII. SIXTH CLAIM FOR RELIEF

(Quantum MeruitlUnjust Enrichment) 36. Plaintiff repleads and realleges all of the paragraphs in the preceding Claims for

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Relief and incorporates the same by reference as if fully set forth herein. 37. Whereas, Plaintiff have conferred upon Defendant monies, contracted for by and

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through mutual assent, however have not yet been earned.

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Defendant has and retains the benefit of said monies which in equity and good

conscience should be returned to Plaintiff.

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Defendant's failure to return the entry fee to Plaintiff has unjustly enriched said

Defendant and caused detrimental harm to Plaintiff.

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40.

As a direct and proximate result of Defendant's inequitable behavior, Plaintiff has

suffered damages in excess of$10,000.00, the exact amount of which will be proven at trial. 41. As a further direct and proximate result of Defendant's inequitable behavior,

Plaintiff has had to hire counsel to prosecute this matter by reason of which it is entitled to reasonable attorney's fees.

IX. SEVENTH CLAIM FOR RELIEF

(promissory Estoppel) 42. Plaintiffrepleads and rea11egesall of the paragraphs in the preceding Claims for

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Defendant, by signing the subject Agreement made a promise to participate in the

Main Event at the 2013 WSOP.

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Plaintiffhad reasonably, foreseeably and actually relied that Defendant would

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play in said event, wearing the AIT ACK POKER logo merchandise and accessories pursuant to the Agreement. 45. 46. Plaintiff would suffer a grave injustice absent enforcement of said Agreement. That it has been necessary for Plaintiff to retain the services oflegal counsel for

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which Plaintiff is entitled to recover such costs and expenses from Defendants.
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EIGHTH CLAIM FOR RELIEF

(Declaratory ReHef) 47. Plaintiff repeats and realleges each and every allegation contained in the

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preceding Claims for Relief and incorporates the same by reference as if fully set forth herein. 48. A genuine justiciable controversy exists relevant to the rights and obligations

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herein regarding Defendant's obligations under the Agreement of Plaintiff s recovery of all monies due and owing under same.
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Plaintiff seeks an order from this Court declaring the existence and validity of the

Agreement. 50. Plaintiff seeks an order from this Court declaring that Defendant breached the

terms of the Agreement. 51. That it has been necessary for Plaintiff to retain the services of legal counsel for

which Plaintiff is entitled to recover such costs and expenses from Defendants.
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NINTH CLAIM FOR RELIEF

(Intentional Misrepresentation/Fraud) 52. Plaintiffrepleads and realleges all of the preceding paragraphs and incorporates

the same by reference as if fully set forth herein.

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That Defendants, and each of them, jointly and severally, and/or their agents

and/or representatives, made numerous material, false, and misleading written and oral representations as contained in the foregoing allegations set forth in the paragraphs five (5) through eleven (11) above to defraud Plaintiff of their monies. 54. That when the Defendants, and each of them, jointly and severally, and/or their

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agents and/or representatives, made the aforementioned representations as contained in the

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foregoing allegations set forth in the paragraphs five (5) through eleven (11) above, they knew or
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should have known them to be false. That the Defendants, and each of them, jointly and
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severally, and/or their agents and/or representatives, negligently, willfully and/or maliciously made said statements and/or representations, and knew or should have known that the Plaintiff would fully rely upon said statements and/or representations and the accuracy of same and enter into agreements and business transactions with Defendants and provide access to substantial amounts of monies to Defendants, resulting in Defendants, and each of them, jointly and severally, and/or their agents and/or representatives receiving substantial compensation. 55. That at the time Defendants, and each of them, jointly and severally, and/or their

agents and/or representatives, made the statements and representations as contained in the foregoing allegations set forth in the paragraphs five (5) through eleven (11) above, and at the

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time the Plaintiff entered into the respective agreements and business transactions with, and
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provided monies to, Defendants, Plaintiff was ignorant of the falsity of the statements and/or
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representations of the Defendants, and each of them. jointly and severally. and/or their agents and/or representatives. 56. That in reliance upon the statements and/or representations of the Defendants. and

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each of them, jointly and severally, and/or their representatives and/or agents, the Plaintiffwas

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induced to enter agreements and business transactions with and provide monies to Defendants,
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believing that the Defendants, and each of them, jointly and severally, and/or their agents and/or representatives would perform as represented and promised. 57. That had the Plaintiff known that Defendants, and each of them, jointly and

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severally, and/or their representatives and/or agents, never intended to perform as represented and promised. the Plaintiff would have never entered into their respective agreements and

business transactions with Defendants and would have never tendered monies to Defendants, and
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each of them, jointly and severally, and/or their representatives andlor agents for same.
58.

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That Plaintiff's reliance upon the verbal and written representations of

Defendants, and each of them. jointly and severally, and/or their representatives and/or agents was justified. 59. That as a result of the false and fraudulent misrepresentations of the Defendants,

and each of them, jointly and severally, andlor their representatives and/or agents, the Plaintiff has been damaged in an amount in excess of $10,000.00, and is entitled to punitive damages in addition to general and/or compensatory damages, according to proof to be taken by the Court at the time of the trial of this matter, plus any and all applicable interest at the legal rate until fully paid. 60. That it has been necessary for Plaintiff to retain the services of legal counsel for

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which Plaintiff is entitled to recover such costs and expenses from Defendants.
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WHEREFORE, Plaintiff demands judgment against Defendant as follows: 1. 2. 3. For punitive damages in an amount in excess of $30,000.00; For breach of contract damages in an amount to be proven at trial; For incidental and consequential damages in an amount in excess ofSIO,OOO,the

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exact amount of which will be proven at trial;

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4. contract; 5.

For all out of pocket costs incurred by the Plaintiff since the performance of this

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For pre-petition interest; For post-petition interest; For attorney's fees and costs of suit; For such other and further relief as this Honorable Court deems just and

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reasonable under the circumstances. Dated this _26th day of July 2013

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SIGA C ,ESQ. Nev arNo.: 264 LA OFFIC OF SIGAL CHATTAH 587. bow Blvd #204 Las Vegas, Nevada 89118 Attorney for Plaintiff

Emil Interactive Games LLC

d/b/a Attackroker.com

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