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Counter Claim

Counter Claim

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Published by Mike Marino

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Published by: Mike Marino on Apr 12, 2012
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04/12/2012

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UNITED STATES DISTRICT COURTMIDDLE DISTRICT OF FLORIDAJACKSONVILLE DIVISIONBIG VOICES MEDIA, LLC, a Florida )limited liability company,)Plaintiffs,v. ) CASE NO. 3:12-cv-242-J-99MMH-JBT)TED WENDLER, LOU COBERLY,PATRICIA DeFAZIO, STEVE DeFAZIO, )JAMES H. POST, and JACQUELIN A.POST, )Defendants. ))
COUNTERCLAIM AGAINSTBIG VOICES MEDIA, LLC AND BILLIE TUCKER
Counter-plaintiffs Ted Wendler, Lucille Coberly, Steven DeFazio, PatriciaDeFazio, Carla DiRito, James H. Post and Jacquelin A. Post sue counter-defendantsBig Voices Media, LLC and Billie Tucker, and allege:
General Allegations
1.
 
Counter-plaintiff Ted Wendler is a resident of Duval County, Florida.2.
 
Counter-plaintiff Lucille Coberly is a resident of Duval County,Florida.3.
 
Counter-plaintiff Steven DeFazio is a resident of St. Johns County,Florida;4.
 
Counter-plaintiff Patricia DeFazio is a resident of St. Johns County,Florida.
Case 3:12-cv-00242-UAMH-JBT Document 17 Filed 04/03/12 Page 1 of 28 PageID 117
 
5.
 
Counter-plaintiff James H. Post is a resident of St. Johns County,Florida.6.
 
Counter-plaintiff Jacquelin A. Post is a resident of St. Johns County,Florida.7.
 
Counter-defendant Big Voices Media, LLC is a Florida limited liabilitycompany with its principal place of business in Duval County, Florida.8.
 
Counter-defendant Billie Tucker is a resident of Duval County, Florida.
Background Facts
9.
 
Counter-defendant Big Voices Media, LLC (“Big Voices”) is a limitedliability company organized and existing under the laws of the State of Florida. TheArticles of Organization was filed in the Office of the Secretary of State of Florida onJune 17, 2011, a copy of which is attached as Exhibit 1. The principal place of business of Big Voices is in Jacksonville, Florida.10.
 
Counter-defendant Billie Tucker is identified in the Articles of Organization as the sole manager and member of Big Voices. Sometime prior toSeptember, 2011, Big Voices and Billie Tucker retained the services of “consultant”Clyde Fabretti. At all times material to this Counterclaim, all management andbusiness decisions for Big Voices have been made by Tucker individually or incombination with her “consultant,” Clyde Fabretti.11.
 
As of the date of this counterclaim, Big Voices has never had anoperative written or oral operating agreement.
2
Case 3:12-cv-00242-UAMH-JBT Document 17 Filed 04/03/12 Page 2 of 28 PageID 118
 
Billie Tucker and Big Voices Media sold unregisteredsecurities without exemption under Federal and Florida law
13. Sometime prior to October 16, 2011, Billie Tucker decided to sellsecurities by selling units or shares of profit participation in Big Voices.14. On October 16, 2011, Billie Tucker organized and held a “Big VoicesMedia Special Event” to solicit “investments” from 75 to 100 “invitees” at the ZamarCenter in Jacksonville, Florida (the “October 16 Investor Solicitation”).15. At the October 16 Investor Solicitation:a. Billie Tucker presented Big Voices Media as a “for profitentity” with a mission to allow grassroots and politicallyconservative groups to communicate among themselves and thepublic at large through a “triple play” internet technology(“triple play” means that all stations on Big Voices Media canbe accessed by subscribers on television, the internet and mobiledevices).b. Billie Tucker advised the prospective investors that the “tripleplay” technology was developed by Big Voices’ “technologypartner,” Vital Vision Information Technology (“VVIT”). Thistechnology was demonstrated for the invitees at the October 16Investor Solicitation.c. Billie Tucker represented to the invitees that Big Voices Mediawould be “launched and live streaming” by November 6, 2011at the “Rally to Right.”
3
Case 3:12-cv-00242-UAMH-JBT Document 17 Filed 04/03/12 Page 3 of 28 PageID 119

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