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Mark F. James (5295) Mitch A. Stephens (11775) HATCH, JAMES & DODGE, P.C. lOWest Broadway, Suite 400 Salt Lake City, Utah 84101 Telephone: (801) 363-6363 Facsimile: (801) 363-6666 email@example.com firstname.lastname@example.org WASl·liNGTOh
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Attorneys/or Plaintiffs R & W Excavating, Inc., Boulder Mountain Group, LLC, and Willie Jessop
IN THE FIFTH JUDICIAL DISTRICT COURT WASHINGTON COUNTY, STATE OF UTAH
R & W EXCAVATING, INC., a Utah corporation; BOULDER MOUNTAIN GROUP, LLC, a Nevada limited liability company; and WILLIE JESSOP, individually and on behalf of his minor children, Plaintiffs, vs. TWIN CITY IMPROVEMENT ASSOCIATION; WARREN JEFFS; LYLE JEFFS; JOHN WAYMAN; and DOES 1 through 25. Defendants.
Civil No. Judge
Plaintiffs R & W Excavating, Inc. ("R&W"), Boulder Mountain Group, LLC ("BMG") and Willie Jessop ("Jessop") through their legal counsel allege as follows:
This is a lawsuit that seeks to hold responsible those individuals who have caused great harm and damages to the Plaintiffs named in this Complaint and to identify certain alter ego entities of those individuals that likewise are responsible for satisfying Plaintiffs' damages. Over the course of several years, the individual defendants named in this Complaint have undertaken various actions that have resulted in incalculable harm and suffering to the members of the FLDS community, many of whom are located in the Hildale, Utah and Colorado City, Arizona areas. Invoking the name of Deity and preying on the faith of the people they purport to lead and represent, the individual defendants have engaged in multiple wrongful and sometimes illegal acts. Because plaintiff Willie Jessop ("Jessop") exercised his Constitutional rights to worship as he might, and after exercising his rights to speak out against the wrongful actions of certain leaders of the FLDS Church, defendants Warren Jeffs, Lyle Jeffs and John Wayman engaged and caused others to engage in a serious of unlawful, harmful acts against Jessop and the other Plaintiffs in this case. Plaintiffs brought suit in this Court to enforce their legal rights and sought compensation for the damages those individuals caused them and obtain judgments against each of the individual defendants. Plaintiffs have obtained a legally enforceable judgment against Lyle Jeffs and John Wayman and have requested entry of judgment against Warren Jeffs, who was served on a later date than Lyle Jeffs and John Wayman. Defendants have engaged in a series of acts designed to hide assets and preclude Plaintiffs from recovering from Defendants that which is due Plaintiffs. In so acting, the individual Defendants have used and attempted to use the entity Defendants as a way to improperly shield and protect assets from being executed upon by Plaintiffs.
Recognition of a corporate form separate and apart from the individual Defendants with respect to the entity Defendants under the facts relevant to this case would sanction a fraud, promote an injustice, and/or result in an inequity. Because the entity Defendants named in this action are the alter egos of the individual Defendants named in this action and in the Jessop Action (defined below), Plaintiffs seek a ruling from the Court that each Defendant named or to be named in this action is the alter ego of each of the individual Defendants named in this Complaint. PARTIES 1. 2. Plaintiff R& W is a Utah corporation headquartered in Hildale, Utah. PlaintiffBMO is a Nevada limited liability company that owns the Boulder
Mountain Ranch ("BMO Ranch"), a cattle ranch located near Hildale, Utah. 3. Plaintiff Jessop is an individual who resides in Hildale, Utah and is the owner of
BMO and R&W. Jessop previously has acted as bodyguard for Warren Jeffs and at times has acted as spokesman for the Fundamentalist Church of Jesus Christ of Latter Day Saints ("FLDS Church"). 4. Defendant Warren Jeffs is president of the FLDS Church and is recognized by
some members of that Church as a prophet. In 2006, Jeffs was placed on the FBI's 10 Most Wanted List, and in 2011 he was convicted in Texas of two felony counts of child sexual assault. Warren Jeffs presently is serving a life sentence in Texas as a result of the felony convictions. On information and belief, all acts complained of herein were done with Warren Jeffs' knowledge, under his direction, with his consent, and on his behalf and at his instance. Warren Jeffs was served on June 11, 2012, with a summons and complaint in a separate lawsuit pending
before this Court entitled R & W Excavating, Inc .. et al., v. Warren Jeffs, et al., Civil No. 120500103 (the "Jessop Action."). As of the date hereof, Mr. Jeffs has failed to answer or otherwise plead in response to the summons and complaint in the Jessop Action, although the date for doing so now has passed. R&W, BMG, and Jessop have sought entry ofa default judgment against Warren Jeffs. 5. Defendant Lyle Jeffs is the brother of Warren Jeffs and is a high-ranking leader of
the FLDS Church. Since Warren Jeffs' incarceration, Lyle Jeffs has acted at the behest of his brother, Warren, and as a leader of the FLDS Church. On information and belief, all acts complained of in the Jessop Action and herein were done with Lyle Jeffs' knowledge, under his direction, with his consent, and on his behalf and at his instance. 6. Defendant John Wayman ("Wayman") is an individual who is the brother-in-law
of Warren Jeffs and is a high-ranking leader of the FLDS Church. On information and belief, all acts complained of in the Jessop Action and herein were done with Wayman's knowledge, under , his direction, with his consent, and on his behalf and at his instance. 7. Defendant Twin City Improvement Association ("Twin City Improvement") is a
Utah corporation with headquarters in Hildale, Utah. 8. Defendant Does 1 through 25 are individuals or entities who have acted on behalf
of, at the instance of, and/or in conjunction with the other named Defendants to bring about the harm and damages to Plaintiffs that are at issue in this lawsuit. The to-be-named Doe Defendants also are the alter egos of Warren Jeffs, Lyle Jeffs and John Wayman, including with respect to liability for the damages owed by any or all of those individuals to R&W, BMG and Jessop. If observed, the corporate form would promote injustice and result in an inequity
GENERAL ALLEGATIONS 9. On or about May 29, 2012, The Fifth Judicial District Court in and for
Washington County, Utah, entered judgment in favor ofR&W ($26,000,000.00), BMG ($1,043,000) and Jessop ($2,450,000) and against Lyle Jeffs and John Wayman, jointly and severally, in the amounts indicated in the parenthetical following each Plaintiffs 10. name.
Both prior to and since entry of the judgment against them, Lyle Jeffs and John
Wayman, acting in concert with and under the direction of Warren Jeffs, have hidden assets, caused title to and/or possession of assets to be placed in the names of various persons and entities, and otherwise acted in a manner to attempt to avoid having to pay R&W, BMG and Jessop for the damages caused to them by the conduct of Warren Jeffs, Lyle Jeffs and John Wayman. II. For all intents and purposes, Twin City Improvement is Warren Jeffs, Lyle Jeffs,
and John Wayman. Those individuals treat Twin City Improvement as their own, and to recognize any separate personalities or existence between or among Warren Jeffs, Lyle Jeffs, and/or John Wayman, on the one hand, and Twin City Improvement, on the other hand, would sanction a fiction and promote a fraud. CAUSE OF ACTION (Alter Egos) 12. R&W, BMG and Jessop incorporate by reference the foregoing paragraphs of this
Complaint as if fully repeated here. 13. There is such a unity of interests between Warren Jeffs, Lyle Jeffs and John
Wayman, on the one hand, and Twin City Improvement and the other Doe defendants, on the
other hand, such that the separate personalities and existences between the individual defendants and the entity defendants do not exist but instead the individuals and Twin City Improvement and the Doe defendants, who will be named later, are the alter egos of each other. 14. Observation of the corporate form of Twin City Improvement and the Doe
defendants as separate from Warren Jeffs, Lyle Jeffs, and/or John Wayman would sanction a fraud, promote an injustice, and/or result in an inequity. 15. Because Twin City Improvement and the Doe defendants are the alter egos of
Warren Jeffs, Lyle Jeffs and John Wayman, Twin City Improvement and each of the Doe defendants are liable, jointly and severally, together with Warren Jeffs, Lyle Jeffs and John Wayman for the liability of each of those individuals to each of the Plaintiffs named in this lawsuit. WHEREFORE, R&W, BMG and Jessop request that judgment be entered in their favor and against Twin City as follows: A. For judgment holding that Twin City Improvement is the alter ego of Warren
Jeffs, Lyle Jeffs, and John Wayman and further holding Twin City liable, jointly and severally, with Lyle Jeffs, John Wayman and Warren Jeffs for all amounts owing or to become owing by any of them to R&W, BMG and/or Jessop, including with respect to any amounts owed as a result of any judgment entered against Lyle Jeffs, John Wayman, and/or Warren Jeffs in the Jessop Action. B. For such other and further relief as the Court deems just and equitable.
DATED this 17th day of July, 2012. Respectfully submitted
Mark F. James Mitchell A. Step s Attorneys/or PI zntiffs R & W Excavating, Inc., Boulder Mountain Group, LLC, and Willie Jessop
Address of Plaintiffs: c/o Hatch, James & Dodge 10 West Broadway, Suite 400 Salt Lake City, Utah 84101
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