IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA

LUCAS D. SMITH, DAWNELLA B. WILSON, COLMADO_NARANJA, Petitioners,

: : Civil Action No.___________________ :

vs. : EBAY INC., PIERRE M. OMIDYAR, JOHN DONAHOE, LORRIE NORRINGTON, DOES 1 -50, : COMPLAINT FOR MONETRAY AND PUNATIVE RELIEF.

Respondents. : _____________________________________________________________________________________

PRELIMINARY STATEMENT This lawsuit challenges EBAY INC’s cancellation of seven online (Internet) auctions listed by Petitioners LUCAS D. SMITH, DAWNELLA B. WILSON and their EBAY user name COLMADO_NARANJA. One of the said auctions was for a dissertation written by LUCAS D. SMITH entitled, “THE TRUTH ABOUT USA PRESIDENT BARACK HUSSEIN OBAMA II.” EBAY item number 160345324422. The said auction was removed by EBAY on June 30th, 2009. No reasoning for their action was given. In their email and EBAY alert it was stated, “Unfortunately, we had to remove your listing because the following information violates our policy:” A blank space void any text followed for more than several lines. No explanation was given as to why the auction violated EBAY policy. Bids by scores of different Ebay users topped more than one million dollars ($1,000,000) before the auction for the dissertation written by LUCAS SMITH was removed / canceled by EBAY. Said auction was scheduled to run for a period of ten days. Said auction of SMITH’s dissertation was listed on Ebay’s online internet auction on Monday, June 29th, 2009 at 12:46 AM. Said auction for SMITH’s dissertation was removed / canceled by EBAY on Tuesday, June 30th, 2009 at 1:39 PM. Said auction ran for a total of one day, 12 hours and 53 minutes. This said auction was the Petitioners’ fifth auction concerning the birth place of US President Barack Hussein Obama II. At total of seven EBAY auctions pertaining to the birth place of US President Barack Hussein Obama II were listed by the Petitioners and subsequently removed by EBAY between the dates of June 24, 2009 and July 8th, 2009. This lawsuit challenges all seven of EBAY’s cancelations.

(1)

The EBAY auction listing numbers are as follows, in chronological order: 160344374585, 160344928067, 160345002984, 160345151420, 160345324422, 160345795373, 160346224684.

PARTIES 1. LUCAS D. SMITH. Copyright owner and writer of dissertation entitled, “THE TRUTH ABOUT US PRESIDENT BARACK HUSSEIN OBAMA II”. He is also the owner of all documents and photos that were listed for auction in the aforementioned EBAY listings 2. DAWNELLA B. WILSON. Registered owner of EBAY account in which the aforementioned EBAY auctions were listed under. 3. COLMADO_NARANJA. EBAY user ID registered to DAWNELLA B. WILSON under which property belonging to LUCAS D. SMITH was listed for auction. 4. Respondent EBAY INC. 5. Respondent PIERRE M. OMIDYAR. Founder and Chairman of EBAY INC. 6. Respondent JOHN DONAHOE. CEO of EBAY INC. 7. Respondent LORRIE NORRINGTON. President of EBAY Marketplaces.

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX NOT FINISHED XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

PRAYER FOR RELIEF WHEREFORE petitioners respectfully requests that the Court: A. Grant monetary relief in the sum of $1,000,000,000. B. Grant punitive damages in the sum of $1,000,000,000. C. Grant such other and further relief that the Court deems just and proper.

Respectfully Submitted,

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