6CV006 I 73

Fi

STATE OF NORTH CAROLINA

COUNTY OF WAKE
Tidewater Strategies, LLC
Plaintiff,

zsi
B
Y

P: n

I N 'THE GENERAL COURT OF JUSTICE

COURT DIVISION
;:ay-o pSUPERIOR
^ 16 CVS

<t^.

vs.

COMPLAINT
(JURY TRIAL DEMANDED)

August Wolf, and August Wolf for Senate

d/b/a August Wolf for Senate 2016
Committee
Defendants.

Plaintiff Tidewater Strategies, LLC, by and through counsel, hereby files this Complaint
against Defendants August Wolf ("Defendant Wolf) and August Wolf for Senate d/b/a August
Wolf for Senate 2016 Committee ("Defendant Wolf Committee") (together "Defendants") and in
support alleges as follows:
PARTIES
1. Plaintiff Tidewater Strategies, LLC is a North Carolina limited liability company doing
business in Raleigh, North Carolina.
2. Defendant Wolf is a Citizen of the State of Connecticut.
3. Defendant Wolf Committee is a candidate committee political organization organized
under IRS 527 and registered with the Federal Election Commission.
JURISDICTION AND VENUE
4. This Court has personal and subject matter jurisdiction over this action and the parties
pursuant to N.C. Gen. Stat. 1-75.4 and 7A-240.
5. Venue is proper in the Court pursuant to N.C. Gen. Stat. 1-82.

FACTS
6. On September 21,2015, Plaintiff and Defendants entered into a contract for general
consulting on the August Wolf 2016 senate campaign (the "Contract").
7. The Contract term was from September 21,2015 through November 8,2016 and was
terminable at will upon thirty days written notice.
8. On November 6,2015, Defendant Wolf paid Plaintiff $18,500 by charging that amount
by credit card (the "Payment").
9. The Payment represented November consulting fees that were due, an advance on the
December and January consulting fees, an advance on commissions, and a credit card fee.
10. In exchange for payment in advance, Plaintiff discounted its monthly service fees.
11. The Contract required that Defendant pay a 10% fee on late payments.
12. Upon information and belief, Defendant Wolf used his personal credit card to make the
Payment.
13. Plaintiff continued to provide consulting services in November in reliance of the
Payment.
14. On December 1,2015, Defendants informed Plaintiff orally that they wished to terminate
the Contract.
15. Defendants agreed that Plaintiff would be entitled to the Payment in exchange for
Plaintiff's agreement to terminate the services and not seek additional commissions for
certain donations obtained through the website that Plaintiff designed and managed.
16. On January 9,2016 Defendant Wolf caused the credit card processing company to
"charge back" the Payment.

17. The credit card processing company now claims that Plaintiff must pay $18,500 for the
charged back payment.
18. Defendant Wolf has contacted Plaintiff's clients and threated them claiming that
Plaintiffs clients misappropriated Defendant Wolf's donor lists.
COUNT I:
BREACH OF CONTRACT
19. Plaintiff incorporates by reference all previous paragraphs of this Complaint as though
fully set forth herein.
20. The parties had a contract for Plaintiff to provide general consulting services to
Defendants as described above.
21. Defendants accepted Plaintiff's services.
22. Defendants' time to perform has passed.
23. The Defendants have failed to perform causing a charge back of the Payment as
described above.
24. Plaintiff has been damaged by Defendants' breach in an amount to be determined at trial.
COUNT II:
FRAUD
25. Plaintiff incorporates by reference all previous paragraphs of this Complaint as though
fully set forth herein.
26. Defendant Wolf made the Payment with the intention of charging back the payment after
Plaintiff provided services.
27. Plaintiff relied on the payment, and provided services to his detriment.
28. Defendant Wolf knew or should have known that the Plaintiff would rely upon the
Payment.

29. By virtue of Plaintiff's reliance it has been damaged.

30. Plaintiff has been damaged by Defendant's fraud in an amount exceeding $25,000.

COUNT III:
UNFAIR AND DECEPTIVE TRADE PRACTICES
31. Plaintiff incorporates by reference all previous paragraphs of this Complaint as though
fully set forth herein.
32. At all relevant times, Defendants were engaged in commerce in the State of North
Carolina.
33. Defendants' actions and conduct as described herein were in or affecting commerce and
constitute unfair or deceptive trade practices, which are proscribed by N.C. Gen. Stat.
75-1.
34. Defendants' unfair and deceptive trade practices have damaged Plaintiff in an amount in
excess of $25,000.
35. Plaintiff is entitled to have its damages trebled and to recover attorneys' fees.
36. Plaintiff has been damaged by Defendants' actions in an amount to be determined at trial.
PRAYER FOR JUDGMENT
WHEREFORE, Plaintiff respectfully requests the following relief:
1. That the Court award Plaintiff contract damages of $20350;
2. That the Court award Plaintiff damages in tort for fraud;
3. That the Court treble Plaintiffs tort damages pursuant to N.C. Gen. Stat. 75-16;
4. That the Court award costs including attorney's fees incurred herein;
5. For a trial by jury on all issues so triable; and
6. That the Court grant Plaintiff any such other and further relief as justice may require.

This the 9,h day of May 2016

OAK CITY LAW LLP

Samuel Pinero IT; NC Baf38428

Sam.pinero@oakcitylaw .com
702 North Blount Street
Raleigh, North Carolina 27604
Phone: (919)899-9655
Fax: (919)516-0572
Counsel for Plaintiff

607006 173
i

STATE OF NORTH CAROLINA

COUNTY OF WAKE

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION
I M h i ' AY - q P [ f : i , 5 1 6 C V S

' -.,0.3.0.
Tidewater Strategies, LLC
Plaintiff,

BY

f>v

vs.

COMPLAINT
(JURY TRIAL DEMANDED)

August Wolf, and August Wolf for Senate

d/b/a
/a August
Augu: Wolf for Senate 2016
Committee
Defendants.
Plaintiff Tidewater Strategies, LLC, by and through counsel, hereby files this Complaint
against Defendants August Wolf ("Defendant Wolf) and August Wolf for Senate d/b/a August
Wolf for Senate 2016 Committee ("Defendant Wolf Committee") (together "Defendants") and in
support alleges as follows:
PARTIES
1. Plaintiff Tidewater Strategies, LLC is a North Carolina limited liability company doing
business in Raleigh, North Carolina.
2. Defendant Wolf is a Citizen of the State of Connecticut.
3. Defendant Wolf Committee is a candidate committee political organization organized
under IRS 527 and registered with the Federal Election Commission.
JURISDICTION AND VENUE
4. This Court has personal and subject matter jurisdiction over this action and the parties
pursuant to N.C. Gen. Stat. 1-75.4 and 7A-240.
5. Venue is proper in the Court pursuant to N.C. Gen. Stat. 1-82.

FACTS
6. On September 21,2015, Plaintiff and Defendants entered into a contract for general
consulting on the August Wolf 2016 senate campaign (the "Contract").
7. The Contract term was from September 21,2015 through November 8,2016 and was
terminable at will upon thirty days written notice.
8. On November 6,2015, Defendant Wolf paid Plaintiff $18,500 by charging that amount
by credit card (the "Payment").
9. The Payment represented November consulting fees that were due, an advance on the
December and January consulting fees, an advance on commissions, and a credit card fee.
10. In exchange for payment in advance, Plaintiff discounted its monthly service fees.
11. The Contract required that Defendant pay a 10% fee on late payments.
12. Upon information and belief, Defendant Wolf used his personal credit card to make the
Payment.
13. Plaintiff continued to provide consulting services in November in reliance of the
Payment.
14. On December 1,2015, Defendants informed Plaintiff orally that they wished to terminate
the Contract.
15. Defendants agreed that Plaintiff would be entitled to the Payment in exchange for
Plaintiff's agreement to terminate the services and not seek additional commissions for
certain donations obtained through the website that Plaintiff designed and managed.
16. On January 9,2016 Defendant Wolf caused the credit card processing company to
"charge back" the Payment.

17. The credit card processing company now claims that Plaintiff must pay $18,500 for the
charged back payment.
18. Defendant Wolf has contacted Plaintiff's clients and threated them claiming that
Plaintiff's clients misappropriated Defendant Wolf's donor lists.

COUNT I:
BREACH OF CONTRACT
19. Plaintiff incorporates by reference all previous paragraphs of this Complaint as though
fully set forth herein.
20. The parties had a contract for Plaintiff to provide general consulting services to
Defendants as described above.
21. Defendants accepted Plaintiff's services.
22. Defendants' time to perform has passed.
23. The Defendants have failed to perform causing a charge back of the Payment as
described above.
24. Plaintiff has been damaged by Defendants' breach in an amount to be determined at trial.
COUNT II:
FRAUD
25. Plaintiff incorporates by reference all previous paragraphs of this Complaint as though
fully set forth herein.
26. Defendant Wolf made the Payment with the intention of charging back the payment after
Plaintiff provided services.
27. Plaintiff relied on the payment, and provided services to his detriment.
28. Defendant Wolf knew or should have known that the Plaintiff would rely upon the
Payment.

29. By virtue of Plaintiff's reliance it has been damaged.

30. Plaintiff has been damaged by Defendant's fraud in an amount exceeding $25,000.

COUNT III:
UNFAIR AND DECEPTIVE TRADE PRACTICES
31. Plaintiff incorporates by reference all previous paragraphs of this Complaint as though
fully set forth herein.
32. At all relevant times, Defendants were engaged in commerce in the State of North
Carolina.
33. Defendants' actions and conduct as described herein were in or affecting commerce and
constitute unfair or deceptive trade practices, which are proscribed by N.C. Gen. Stat.
75-1.
34. Defendants' unfair and deceptive trade practices have damaged Plaintiff in an amount in
excess of $25,000.
35. Plaintiff is entitled to have its damages trebled and to recover attorneys' fees.
36. Plaintiff has been damaged by Defendants' actions in an amount to be determined at trial.
PRAYER FOR JUDGMENT
WHEREFORE, Plaintiff respectfully requests the following relief:
1. That the Court award Plaintiff contract damages of $20350;
2. That the Court award Plaintiff damages in tort for fraud;
3. That the Court treble Plaintiffs tort damages pursuant to N.C. Gen. Stat. 75-16;
4. That the Court award costs including attorney's fees incurred herein;
5. For a trial by jury on all issues so triable; and
6. That the Court grant Plaintiff any such other and further relief as justice may require.

This the 9th day of May 2016

OAKCITYLAW

Samuel Pinero II, NtTBar^8428

Sam.pinero@oakcitylaw .com
702 North Blount Street
Raleigh, North Carolina 27604
Phone: (919) 899-9655
Fax: (919)516-0572
Counsel for Plaintiff

STATE OF NORTH CAROLINA

WAKE

County

Tidewater Strategies, LLC

LiilU nt\) -0

702 N.Blount Street

Raleish

06113

GENERAL
P Hfll CIVIL ACTION COVER SHEET

NC. 27604

Name And Address Of Plaintiff 2

SSJ

irrffhe General Court Of Justice

District [x] Superior Court Division

"

Name And Address Of Plaintiff 1

File No.

[x] INITIAL FILING Q SUBSEQUENT FILING

i, J Rule 5(b), General Rules of Practice For Superior and District Courts

. no
VERSUS
Name Of Defendant 1

August Wolf

Name And Address Of Attorney Or Party, If Not Represented (complete for initial
appearance or change of address)

Samuel- Pinero
Oak City Law LLP
702 N. Blount Street
Raleigh

NC

26704

Cellular Telephone No.

Telephone No.

919-899-9655

Summons Submitted

NC Attorney Bar No.

Attorney E-Mail Address

38428

sam.pinero@oakcitylaw.com
Initial Appearance in Case

| Yes No

Name Of Defendant 2

Name Of Firm

August Wolf for Senate d/b/a August Wolf for Senate 2016

Oak City Law LLP

Change of Address

FAX No.

9195160572
Counsel for
[X] All Plaintiffs All Defendants f] Only (list party(ies) represented)

Summons Submitted

lYesD No
[x] Jury Demanded In Pleading

I | Amount in controversy does not exceed $15,000

Q Complex Litigation

\ \ Stipulate to arbitration

TYPE OF PLEADING
(check all that apply)

Amend (AMND)
LJ Amended Answer/Reply (AMND-Response)
J Amended Complaint (AMND)
Assess Costs (COST)
LJ Answer/Reply (ANSW-Response) (see Note)
Change Venue (CHVN)
IE] Complaint (COMP)
L] Confession Of Judgment (CNJF)
D Consent Order (CONS)
Consolidate (CNSL)
Contempt (CNTP)
Continue (CNTN)
Compel (CMPL)
LJ Counterclaim (CTCL) Assess Court Costs
LJ Crossclaim (list on back) (CRSS) Assess Court Costs
[J Dismiss (DISM) Assess Court Costs
D Exempt/Waive Mediation (EXMD)
D Extend Statute Of Limitations, Rule 9 (ESOL)
_ J Extend Time For Complaint (EXCO)
LJ Failure To Join Necessary Party (FJNP)

(check all that apply)

Failure To State A Claim (FASC)
D Implementation Of Wage Withholding In Non-IV-D Cases (OTHR)
I I Improper Venue/Division (IMVN)
LJ Including Attorney's Fees (ATTY)
Intervene (INTR)
Interplead (OTHR)
O Lack Of Jurisdiction (Person) (LJPN)
G Lack Of Jurisdiction (Subject Matter) (LJSM)
D Modification Of Child Support In IV-D Actions (MSUP)
D Notice Of Dismissal With Or Without Prejudice (VOLD)
Petition To Sue As Indigent (OTHR)
[_] Rule 12 Motion In Lieu Of Answer (MDLA)
Sanctions (SANC)
Set Aside (OTHR)
Show Cause (SHOW)
Transfer (TRFR)
D Third Party Complaint (list Third Party Defendants on back) (TPCL)
LJ Vacate/Modify Judgment (VCMD)
Withdraw As Counsel (WDCN)
LJ Other (specify and list each separately)

NOTE: All filings in civil actions shall include as the first page of the filing a cover sheet summarizing the critical elements of the filing in a format prescribed by the Administrative
Office of the Courts, and the Clerk of Superior Court shall require a party to refile a filing vjhich does not include the required cover sheet. For subsequent filings in civil
actions, the filing party must either include a General Civil (AOC-CV-751), Motion (AOC-CV-752), or Court Action (AOC-CV-753) cover sheet.
AOC-CV-751, Rev. 1/14

2014 Administrative Office of the Courts

(Over)

CLAIMS FOR RELIEF

LJ Administrative Appeal (ADMA)
Appointment Of Receiver (APRC)
U Attachment/Garnishment (ATTC)

L_3 Limited Driving Privilege - Out-Of-State

Convictions (PLDP)
LJ Medical Malpractice (MDML)

LI Claim And Delivery (CLMD)

-Collection On Account (ACCT)

D Minor Settlement (MSTL)

13 Money Owed (MNYO)
II Negligence - Motor Vehicle (MVNG)
D Negligence - Other (NEGO)

D Condemnation (CNDM)
M Contract (CNTR)
D Discovery Scheduling Order (DSCH)
Injunction (INJU)

Product Liability (PROD)

Real Property (RLPR)
LJ Specific Performance (SPPR)
I I Other (specify and list each separately)

Motor Vehicle Lien G.S. 44A (MVLN)

Possession Of Personal Property (POPP)

Date

Signa

May 9.2016
FEES IN G.S. 7A-308 APPLY
Assert Right Of Access (ARAS)
Substitution Of Trustee (Judicial Foreclosure) (RSOT)
Supplemental Procedures (SUPR)
PRO HAC VICE FEES APPLY
Motion For Out-Of-State Attorney To Appear In NC Courts In A Civil Or Criminal Matter (Out-Of-State Attorney/Pro Hac
Vice Fee)
No. Additional Plaintiff(s)

No.

Summons
Submitted

Additional Defendant(s) Third Party Defendant(s)

Yes No
Ye s N o
Ye s N o
Ye s Q N o

Plaintiff(s) Against Whom Counterclaim Asserted

Defendant(s) Against Whom Crossclaim Asserted

AOC-CV-751, Side Two, Rev. 1/14

2014 Administrative Office of the Courts

Ye s

QNo

^ File No. , . .. , n r J 1 X

STATE OF NORTH CAROLINA

WAKE

In The General Court Of Justice

District X] Superior Court Division

County

Name Of Plaintiff

Tidewater Strategies, LLC

Address

CIVIL SUMMONS

702 N.Blount Street

ALIAS AND PLURIES SUMMONS

City, State, Zip

NC

Raleigh

27604

G.S. 1A-1,Rules3,4

VERSUS
Name Of Defendant(s)

Date Original Summons Issued

August Wolf
Date(s) Subsequent Summons(es) Issued

August Wolf for Senate d/b/a August Wolf for Senate 2016
Committe
To Each Of The Defendant(s) Named Below:
Name And Address Of Defendant 1

Name And Address Of Defendant 2

August Wolf
76 Progress Drive Set 210

August Wolf for Senate

P.O.Box 113255
CT 06902

Stamford

Stamford

06902

A Civil Action Has Been Commenced Against You!

You are notified to appear and answer the complaint of the plaintiff as follows:
1. Serve a copy of your written answer to the complaint upon the plaintiff or plaintiffs attorney within thirty (30) days after
you have been served. You may serve your answer by delivering a copy to the plaintiff or by mailing it to the plaintiffs
last known address, and
2. File the original of the written answer with the Clerk of Superior Court of the county named above.
If you fail to answer the complaint, the plaintiff will apply to the Court for the relief demanded in the complaint.
Name And Address Of Plaintiff's Attorney (If None, Address Of Plaintiff)

Date Issued

Time

S-^/L

Samuel Pinero

am

[ZTpm

Oak City Law LLP

702 N. Blount Street
Raleigh

NC

27604

Deputy CSC t_J Assistant CSC Clerk Of Superior Court

ENDORSEMENT
This Summons was originally issued on the date
indicated above and returned not served. At the request
of the plaintiff, the time within which this Summons must
be served is extended sixty (60) days.

Date Of Endorsement

Time

AM PM

Signature

Deputy CSC

Assistant CSC

Clerk Of Superior Court

NOTE TO PARTIES: Many counties have MANDATORY ARBITRATION programs in which most cases where the amount in controversy is $15,000 or
less are heard by an arbitrator before a trial. The parties will be notified if this case is assigned for mandatory arbitration, and, if
so, what procedure is to be followed.
AOC-CV-100, Rev. 10/01
2001 Administrative Office of the Courts

(Over)

RETURN OF SERVICE
certify that this Summons and a copy of the complaint were received and served as follows:
Date Served

Time

Served

DEFENDANT 1

Name

Of

Defendant

U AM U PM I
By delivering to the defendant named above a copy of the summons and complaint.
By leaving a copy of the summons and complaint at the dwelling house or usual place of abode of the defendant named
above with a person of suitable age and discretion then residing therein.
As the defendant is a corporation, service was effected by delivering a copy of the summons and complaint to the
person named below.
Name And Address Of Person With Whom Copies Left (if corporation, give title of person copies left with)

Other manner of service (specify)

Defendant WAS NOT served for the following reason:

Date Served

Time Served

DEFENDANT 2
AM PM

Name Of Defendant

By delivering to the defendant named above a copy of the summons and complaint.
By leaving a copy of the summons and complaint at the dwelling house or usual place of abode of the defendant named
above with a person of suitable age and discretion then residing therein.
As the defendant is a corporation, service was effected by delivering a copy of the summons and complaint to the
person named below.
Name And Address Of Person With Whom Copies Left (if corporation, give title of person copies left with)

Other manner of service (specify)

Defendant WAS NOT served for the following reason.

Service Fee Paid

Signature Of Deputy Sheriff Making Return

$
Date Received

Name Of Sheriff (Type Or Print)

Date Of Return

County Of Sheriff

AOC-CV-100, Side Two, Rev. 10/01

2001 Administrative Office of the Courts