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EXHIBIT C
F O R M E R D O C U M E N T 329 22 P A G E S TO F O L L O W

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U N I T E D STATES DISTRICT C O U R T N O R T H E R N DISTRICT OF G E O R G I A A T L A N T A DIVISION

U N I T E D S T A T E S OF A M E R I C A Plaintiff V. S C O T T HINTZ, Defendant

* * * * * N o . l :03-CR-131-CC

MOTION F O R JUDICIAL NOTICE IN SUPPORT OF A L L PENDING MOTIONS Defendant requests the Court accept this filing and takes notice of the items contained herein in support of all pending motions currently pending in the Atlanta U S D C case No, 1:03-CR-l 31. Defendant requests the Court afford all efforts required to ensure Pro Se Constitutional rights are not further violated. Appointed counsel has made it clear that Defendant is now without the assistance of counsel. Defendant has alerted the Court to the egregious behaviors of Robert Willison and some of his close associates, WilHson has a long history of unethical and illegal behavior surrounding his world-class skills as a "master" manipulator. In fiirther support of allegations already before the Court, Defendant brings to the Court's attention a report only recently forwarded to the Defendant entitled, "Chronology of Events Constituting Fraudulent Misconduct: Recap of 21^' Century Technologies, Inc. Disbursements to TransOne & Robert Willison"' (see attached and herein incorporated Exhibit A ) . The report was prepared for/by United States Bankruptcy trustee, Larry L . Bertsch, and describes the allegedly fraudulent, and ongoing, activities of Robert V , Willison and Michael W. Garone. Willison and Garone have teamed
^ In re: 2 l " Century Technoloeies. Inc. v. Robert V. Willison, Michael W. Garone et al; case fl05-2SlS5-bam

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together in their latest questionable endeavor, Gerova-Net Five, to present false statements to this Court in an attempt Defendant's pursuit of valid civil claims. Please also see the attached complaints alleging fraud against Willison & Garone, attached and herein incorporated as Exhibit B . and the complaint against Jason Galanis, attached and herein incorporated as Exhibit

C.

In light of all the above, Defendant respectfully requests this Court act immediately to prevent further interference with Defendant's Constitutional First, Fifth and Sixth Amendment rights.

CONCLUSION
This Court should take judicial notice of all ofthe above, and : (A) stay revocation hearings pending the final decision of 11"' Circuit Appeal N o . l 1-11905, and (B) move to hold an immediate hearing to release Defendant from home confinement and back into the community, or minimally order Defendant's release upon items already in the record. Respectfully submitted this 25'^ day of May 2011.

Scott Hintz, Pro Se Defendant

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CHRONOLOGY OF EVENTS CONSTITUTING FRAUDULENT MISCONDUCT

Recap of 21** Century Technologies, Inc. Disbursements to TransOne Robert Willison &

BeRTSCW-TRAHSDNE 0068
Exhibit A

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CHRONOLOGY OF EVENTS CONSTm/TWG FRAUDULENT MISCONDUCT Recap of 21'^ Century Technotogies, lnc CHsbursements to TransOne & Robert WilHson PREFACE This is a chroaologicat list of events, in Vhe order or their occuirence, vvbid> enacted a successful sc*ieme consrived by Robert WiHisoo, Michael Garone and Dar^sel FUrtakfi, to deffaud 21* Century Technologies, inc of S7S5,O0O.00. THE STARTING POINT On the 2 ^ day of November. 2003. Michael W. Garone, presided anrf CEO of TransOr^i, inc., executed and signed an agreement created by Robert V. Wllison, Seo'etary of said corporation {Exhibrt A) Whereupon the Agreement was given to ArlafKJ 0. Dunn, President and CEO ol 21" Century Technoiogles. Inc. (21**), who accepted and signed ths doatment under the assumption that he had entsfed fnto an Agreemefrt. secured by a Promissory Note and Stock Pledge <E)dijbit 0). wfth an alleg^lly growirtg company generating high revenue. On the day foilowing the sigmng event. November 30, 2003, Robert Willison wras disbursed $75,000,00 for TransOne, Inc. by 21*. This was the first (1) rfteen (15) disbursements to WiUison over the subsequent eleven (11) month, 12-03-2003 through 10-28-^)04 (Exhibit C>. The term of said Note was for etevon (11) months from the date ot November 29,2003 to the due date of Novemjjer 4, 2004. Garone and Willison did fjot isstie the shares of stock in TransOne to 21** until February 28. 2004 (Exhibit D), three months past the due date called for in the loan cf November 30,2{Xi3. Moreover,rtmust be noted that only one (1) certificate of 527.000 shares was deltvered to 21", a very insirff>cier>t amount to be given as ojMeral for the Txmi loan of 5250.000,00. There vifere 1,252.985 additional shams of TransOne issued to 21**fromMay 11, 2004 to October 28, 2004. However, an additional $535,000.00 was lent to TransOne and Robert Willison over that same period of time.

Exhibit A

B E R T S C H - T R A N S O N F 0O!5

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NOTE THE FOLLOWING CRmCAL INFORMATION Ariand Dunn had been induced into the loan agr^nent in the initiaf negotiations wrth Willison who was aware of the fad Ih^t Ckinn was ill with two forms of cancer and was receiving dally therai^fromDoctors.^ Ounn passed away on April 19.2CX)4. Wailson knowing that Dunn was not In full possession of t^s faculties, elevefty manipulated Dunn from November of 2003 untH April of 2004, with bi-w^kly visits to 21*''s office In Las Vegas where he "patched" hrm ^A-itn grandiose plans such as tf^ "Penthouse European Plan of Atteck'^EKhitiif E>. Each visit by VWUison brought Wm cash advances rangittg from S5Q.Q0O 00 to $75,000.00 dollars, for a total of $785,000-00 The author of this report and commentary had worked with Dunn for fortysix years and based on his empirical knowledge of Dunn's business mental keenness that he exercised before his terminal Illness, Dunn would never have fallen for the proposals of Gan^ne and Willison. During the entire time period of November 2003 through Apnl 19, 20C4. neither Dunn nor his sujxessor, Kevin Romney, sought the advice of company counsel, CPO, or any member of this company's staff on whetfier to deal with Garone and Wilttsor*, urtforteat^torthis tsompany. Moreover. Kevin Romrwy, wattowing in the pitfeBs of abject Ignorance, fell victtm to WrilCsoo'B s<^mes by advancing fm\ $430,000.00 from April 19, 2004 through October28. 2004. Toftirtherillustrate tt^ sc*|||^tjf Waifeon, on his retum from Europe he hatched a pseudo deal for tt^lng a so-<afied "Debit Card Program", which was a ficiaious ciealton (^Iblt F). Next, Willison devtees a six f g e story of tife 'creeting' a consortium of innovative amipanies (Bdabit G) a new and thgenbus scherifie^ simpty a figment of his I m a g r j j j j j t - j j j ; .To acquire another cash advance. ^ Then follows a Willison creation designed to be affectedly ^lendid. that is his "Eledrlc Funds Transfer Presentation' (Edilbtt H). This document, thirteen pages in aH, steps up the enlargement of his target - upwardstono limit of money from 21''.

Exhibit A

BERTSCH-TRANSONE 0070

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Ttiereafter. WiUison fotlows-up with one craftier plot in order to receive an achrance of $3$0>000 (Exhibit 1). That Is, if 21'* would invest said amount in Vertica Softv/are, it would realize a profit In fhe range of 5500,000 to $2,000,000 for the 25% interest in Vertica Sonware, The notes of WilUson were du ami payable in full including any interest due on or before November 4, 2004/ Willison has not paid any nroney to date on said notes. Moreover, his villainous ojfKluct has continued since the due date by his avoidance of communicating with the office of 21" 2 * has sent demands upon WeKison and Garone, and their fraudulent 1^ schemes against 21'' have tjoon completed with ther avoidance and silence. Whereupon, 21* has an imperative obligation to its investore to pursue all legal remedies to recover the S785,Q00 defrauded from 21"' by Wllfison, Garone, et ai Moreover, 21*" must v^orously present a demand ufjon the proper law enfOfcemenl agencies to prosecute th miscreants for business fraud and grand larceny. Walter Forbes Attachments: Exhibit "A" - Agreement of 11^9/03 Exhibit "B" - Promissory Note &<hibft "C" - Schedule of Distwrsements Exhibit "0" - Slock Certificates Exhibit "E" - PQilhouse Plan Exhibit "F" - Debit Card Program Exhibit "G" - Corisottlum of Companies Exhibit "H* - Electric Funds Transfer Presentation Exhibit T - Vertica Software Proposal

Exhibit A

BERTSCH-TRANSONt mn

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To: Arijrnd Dunn

January 13, 2004

Subject: Prime Time CaH Centers Pursuant to your discussions with Tom Lanford and Robbie WiHison on January U , 2fflM in your office in Las Vegas, Nevjuia. The following was agreed to and llm hitct f intent is to document those discussirtns. ArJand Duiui has agreed to fund Pritnc Time Call Centers with an initial comniiimeiii of S250,()O0 USD 10 be paid over a four month period based on financial retiuircraenfs o f Prime Time Call Centers, TJie funding request will be made by Tom Lanford (President and CEO of Prime Time Call Centers) thru Robbie WillisorK Additionally Ariand Dunn Kis agreed to leave an additional $250,000 tJSD in rcser^'c for future capital needs. ThisftmdingH being made as a loan lo Prime Time Call Ceniers. In return for said funding, Ariand Duim win receive 25% ou^ership in Prime Time Call Centers and will kep IC^% of lhe stock in Prime Time CaU Centers until ail monies loaned arc paid in full. Once payment in full is made, Aiiand Dunn agi-ces lo relinquish 75% ofthe stock in Prime Time Call Centers but keep 25% of rhe srock Ibr hii; loaning of the abovementioned money. In consideration of the abiive, Mr. Lanford has forroctl Prime Time Call Ctnlcrs LLC of Georgia. Please wire the initial S5Q,000 USD as we discussed to the follov^'ing .ABA and Aecouni # Robert V. WiUison ABA#06t(K)0227 AccoUQl # lO'IJOB^BllSSft?? Wachovia K A Peachtree Parkway Branch Norcross, Georgia 770-8404740 Robbie will coordinate with Larry the necessary pa|?erwork. Regards, Robbie Willison

Exhibit A

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lm

GORDON & SILVER,LTD,

E-Filed On | | - ) - 6 ) 7

W I L L I A M M . N O A L L , ESQ. Nevada BarNo. 3549 E-mail: wmn@gordonsilver.com M A T T H E W C. ZIRZOW, ESQ. Nevada Bar No. 7222 E-mail: mcz@gordonsilver.com L E E 1. IGLODY, ESQ. Nevada Bar No. 7757 E-mail: ligoldy@gordonsiIver.com 3960 Howard Hughes Pkwy,, 9th Floor Las Vegas, Nevada 89169 Telephone (702) 796-5555 Facsimile (702) 369-2666 Attomeys for Plaintiff UNITED STATES B A N K R U P T C Y C O U R T F O R T H E DISTRICT OF N E V A D A In re: 21ST C E N T U R Y TECHNOLOGIES, INC., Debtor. Case No.: BK-S-05-28185-BAM Chapter 11

L A R R Y L . B E R T S C H , AS TRUSTEE OF THE 21ST C E N T U R Y TECHNOLOGIES LIQUIDATION TRUST, Plaintiff, COMPLAINT

TRANSONE, INC., a Georgia corporation; ROBERT V . WILLISON, an individual; M I C H A E L W. G A R O N E , an individual; D A N I E L E. RINALDI, an individual; and S Y M M E T R I X , INC., a corporation. Defendants.

Scheduling Conference: Date: January 2, 2008 Time- 9-30 a m

Larry L . Bertsch, as Trustee of the 21^ Century Technologies Liquidation Trust ("PlaintifF'), by and through his undersigned counsel, the law firm of Gordon & Silver, Ltd., hereby files his Complaint against Defendants, TransOne, Inc. ("TransOne"), Robert V, Willison
101326-00iy518039.DOC

SPKWY J9169

Exhibit 8

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("Willison"), Michael W. Garone ("Garone"), Daniel E. Rinaldi ("Rinaldi"), and Symmetrix, Inc. ("Symmetrix"), and alleges the foliowing: P A R T I E S . JURISDICTION A N D V E N U E 1. On November 1, 2005, 2 l " Century Technologies, Inc. ("21'' Century"), filed its

voluntary Chapter 11 bankruptcy petition with the above-captioned Court ("Petition Date"). 2. This Court has jurisdiction over this adversary proceeding pursuant to 28 U.S.C,

1334 and Fed. R. Bankr. P. 7001(1). 3. This adversary proceeding is a "core proceeding" as that term is defined in 28

U.S.C. 157(b)(2), and arises in and is related to the Chapter 11 bankruptcy case of 2 f ' Century currently pending in this District. 4. Venue for this adversary proceeding is proper in this District pursuant to 28

U.S.C. 1409(a) because 21" Century filed a petition for relief in that Court. 5. On or about June 29, 2007, the 21'" Century Liquidation Trust came into effect

pursuant to 2 1 " Century's confirmed Plan of Reorganization, and Plaintiff received all of Debtor's right, title and interest in and to the claims prosecuted pursuant to this adversary proceeding. 6. TransOne, Inc. is a Georgia corporation, and its agent for service of process is

Michael Garone, 11625 Vista Forest Drive, Alpharetta, Georgia 30005, 7. Robert V . Willison is an individual and, upon information and belief, resides at

8695 River Bluff Lane, Roswell, Georgia 30076. 8. Michael Garone is an individual and, upon information and belief, resides at 1495

Masters Club Drive, Atlanta, Georgia 30350. 9. Daniel Rinaldi is an individual and, upon information and belief, resides at 210

Royal Lytham Court, Duluth, Georgia 30097. 10. Symmetrix, Inc. is a corporation of unknown origin.

101326-001/51S039.DOC
SPKWY B9U9

2
Exhibit B

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GENERAL ALLEGATIONS 11. 12. 13. In or about 2003,21" Century acquired a 25% interest in TransOne. TransOne was purportedly involved in credit card processing. On information and belief, Willison, Garone, Rinaldi and Symetrix were insiders

and/or affiliates of TransOne. 14. Upon information and belief, 21st Century's 25% in TransOne was obtained in

exchange for a transfer of $50,000 ("Investment"). 15. 21st Century advanced approximately $790,000 ("Advances") to TransOne,

exclusive ofthe Investment to TransOne, with the expectation of repayment. 16. Among potentially other Advances, 21"' Century advanced the sum of $50,000 on

November 13, 2003, $75,000 on December 3, 2003, $35,000 on January 5, 2004, $50,000 on January 20, 2004, $50,000 on February 18, 2004, $50,000 on March 17, 2004, $50,000 on April 29, 2004, $50,000 on May 26, 2004, $75,000 on June 28, 2004, $55,000 on August 4, 2004, $20,000 on September 8, 2004, $25,000 on October 5, 2004, $30,000 on October 13, 2004, and $25,000 on October 28, 2004. 17. Additionally, 21st Century made personal loans to Willison in the approximate

amount of $195,000 ("Loans"). 18. Among potentially other personal Loans to Willison, 21^' Century loaned the sum

of$15,000 on each ofthe following dates: February 11,2004, March 17, 2004, March 26, 2004, April 2, 2004, April 29, 2004, May 19, 2004, May 25, 2004 and July 2, 2004. In addition, 21'' Century made the following additional Loans to Willison: $50,000 on January 20, 2004, and $50,000 on January 16, 2004. 19. There may have been other amounts transferred to Willison that vvill be uncovered

during discovery, and PlaintifF reserves its right to amend this complaint to add such transfers. FIRST C L A I M F O R R E L I E F (Breach of Contract - TransOne) 20. Plaintiff repeats and realleges its allegations in the previous paragraphs as though

fully set forth herein. 3

Exhibit B

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LTD.
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21. 22. repaid. 23.

TransOne agreed to repay the Advances made by 21 st Century. 21st Century demanded repayment of the Advances but the Advances were not

Defendant has materially breached its agreement with 2 l " Century by faihng to

repay the Advances to 21st Century. 24. As a direct and proximate result of the breach of its agreement between 21st

Century and TransOne, 21st Century has been damaged in an amount to be determined at trial. 25. It has been necessary for the Plaintiff to expend time and incur expenses in order

to prosecute this action, and therefore, the trustee is entitled to an award of reasonable attomey fees and costs. SECOND C L A I M FOR R E L I E F (Breach of Contract - Against Willison) 26. PlaintifF repeats and realleges its allegations in the previous paragraphs as though

fiilly set forth herein. 27. 28. 29. Willison agreed to repay the Loans made by 21st Century to Willison. 21st Century demanded repayment ofthe Loans but the Loans were not repaid. Willison has materially breached its agreement with 21'' Century by failing to

repay the loans to 21 st Century. 30. As a direct and proximate result ofthe breach of the agreement between 21st

Century and Willison, 21st Century has been damaged in an amount to be determined at trial, 31. It has been necessary for the Plaintiff to expend time and incur expenses in order

to prosecute this action, and therefore, the trustee is entitled to an award of reasonable attomey fees and costs. THIRD C L A I M FOR R E L I E F (Breach of Contract Against TransOne) 32. Plaintiff repeats and realleges its allegations in the previous paragraphs as though

fiilly set forth herein. 33. On November 29, 2003, 21" Century and TransOne made and entered into that 4
Exhibit B

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certain written Agreement (the "Agreement"), pursuant to which 21" Century loaned at least the sum of $250,000 to TransOne, 34. The Agreement was further evidenced by that certain Seciired Promissory Note

dated as of November 30, 2003. 35. TransOne breached the Agreement by, among other matters, failing to repay the

sums to 21^' Century per the Agreement, and failing to provide the stock as promised pursuant to the Agreement, 36. As a direct and proximate result ofthe breach ofthe Agreement, 21st Century has

been damaged in an amount to be determined at trial. 37. It has been necessary for the Plaintiff to expend time and incur expenses in order

to prosecute this action, and therefore, the Plaintiff, per Section 11 ofthe Agreement, is entitled to an award of reasonable attorney fees and costs. FOURTH CLAIM FOR RELIEF (Unjust Enrichment Against TransOne and Willison) 38. Plaintiff repeats and realleges its allegations in the previous paragraphs as though

fully set forth herein. 39. 21" Century made the Advances, Loans, and/or the monies advanced per the

Agreement with the expectation of repayment. 40. TransOne and Willison would be unjustly enriched if they were allowed to keep

any ofthe Advances, Loans and/or the monies advanced per the Agreement with the expectation of repayment. 41. It has been necessary for the Plaintiff to expend time and incur expenses in order

to prosecute this action, and therefore, the trustee is entitled to an award of reasonable attomey fees and costs. FIFTH C L A I M FOR R E L I E F (Avoidance of Fraudulent Transfers Pursuant to 11 U.S.C. 548 Against TransOne and Willison) 42. Plaintiff repeats and realleges its allegations in the previous paragraphs as though 5
101326-001/518039.DOC

Exhibit B

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fully set forth herein. 43. 2 1 " Century made the Advances to TransOne and the Loans to Willison

(collectively, the "Transfers"). 44. 45. Transfers. 46. 21st Century was insolvent or engaged in business and transactions for which it The Transfers were made on or within two (2) years before the Petition Date. 21st Century received less than a reasonably equivalent value in exchange for the

had unreasonably small capital on the date that the Transfers were made. 47. The Transfers are avoidable pursuant to 11 U.S.C. 548(a)(1)(B). SIXTH C L A I M FOR RELIEF (Avoidance of Fraudulent Transfers Pursuant to 11 U.S.C. 544(b), and NRS 112.180(l)(b) Against TransOne and Willison) 48. PlaintifF repeats and realleges its allegations in the previous paragraphs as though

fully set forth herein. 49. Transfers. 50. 21st Century was engaged or was about to engage in a business or a transaction 21st Century did not receive reasonably equivalent value in exchange for the

for which its remaining assets were unreasonably small in relation to the business or transaction. 51. 52. 544(b)(1). SEVENTH C L A I M FOR RELIEF (Recovery of Fraudulent Transfers Pursuant to 11 U.S.C. 550 - A l l Defendants) 53. PlaintifF repeats and realleges its allegations in the previous paragraphs as though The Transfers were made within four (4) years ofthe filing ofthe Petition Date. The Transfers are avoidable pursuant to N R S 112.180 and 11 U.S.C.

fully set forth herein. 54. If the Transfers to TransOne were avoidable transfers, then they are recoverable

by Plaintiff pursuant to 11 U.S.C. 550. 55. To the extent Rinaldi, Garone and Symmetrix, and any other parties received 6
Exhibit B

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some ofthe benefit of the Transfers, then these other parties are the immediate, mediate and/or subsequent transferees firom which Plaintiff may recover from pursuant to 11 U.S.C. 550. PRAYER FOR RELIEF WHEREFORE, Plaintiffs pray for judgment against Defendants as follows: 1. 2. 3. 4. 5. 6. On the First Claim for Relief, for damages in an amount to be proven at trial. On the Second Claim for Relief, for damages in an amount to be proven at trial. On the Third Claim for Relief, for damages in an amount to be proven at trial. On the Fourth Claim for Relief, for damages in an amount to be proven at trial. On die Fifth Claim for Relief, voiding the Transfers pursuant to 11 U.S.C. 548. On the Sixth Claim for Rehef, voiding the Transfers pursuant to 11 U.S.C.

544(b) NRS 112.180(l)(b). 7. On the Seventh Claim for Relief, providing recovery of the Transfers of their

value to the Plaintiff pursuant to 11 U.S.C. 550. 8 Awarding Plaintiff his reasonable attorneys' fees and court costs to the extent

permitted by law and the Agreement. 9. Granting Plaintiff such other and further relief as to which he may be entitled.

D A T E D this 1st day of November, 2007.

By:

L E E 1. IGLODY, ESQ. 3960 Howard Hughes Pkwy., 9th Floor Las Vegas, Nevada 89169 Attomeys for Plaintiff

7
Exhibit B

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WDLLLMvl M . N O A L L , ESQ. Nevada Bar No. 3549 E-mail: wmn@gordonsilver.com L E E L I G L O D Y , ESQ. Nevada Bar No. 7757 E-mail: lii@gordonsilver.com 3960 Howard Hughes Pkwy., 9th Floor Las Vegas, Nevada 89169 Telephone (702) 796-5555 Facsimile (702) 369-2666 Attomeys for Plaintiff

GORDON & SILVER, L T D .

E-Filed On J i l f - C T .

U N I T E D STATES B A N K R U P T C Y C O U R T F O R T H E DISTRICT O F N E V A D A In re: 21ST C E N T U R Y TECHNOLOGIES, INC., Debtor. Case No.: BK-S-05-28185-BAM Chapter 11

L A R R Y L. B E R T S C H A S TRUSTEE OF THE 21ST C E N T U R Y TECHNOLOGIES LIQUroATION TRUST, Plaintiff, vs. JASON G A L A N I S , Defendants.

COMPLAINT

Scheduling Conference: Date: 1-3-0^ Time: 9',1^0 a.fO.

Larry L . Bertsch, as trustee of the 21" Century Technologies Liquidation Trust ("Plaintiff"), by and through his undersigned counsel, the law frnn of Gordon & Silver, Ltd., hereby files his Complaint against Defendant Jason Galanis ("Defendant"), and alleges the following: P A R T I E S . JURISDICTION A N D V E N U E 1. On November 1, 2005 ("Petition Date"), 21" Century Technologies, Inc. ("21"

Century") filed its voluntary Chapter 11 bankruptcy petition with the above-captioned Court,

10I326.001/518125.doc
iPKWV

19149

Exhibit C

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2.

This Court has jurisdiction over this adversary proceeding pursuant to 28 U.S.C.

1334 and Fed. R. Bankr. P. 7001(1). 3. This adversary proceeding is a "core proceeding" as that term is defined in 28

U.S.C. 157(b)(2), and arises in and is related to the Chapter 11 bankruptcy case of 21" Century currently pending in this District. 4. Venue for this adversary proceeding is proper in this District pursuant to 28

U.S.C. 1409(a) because 21" Century filed a petition for relief in this Court. 5. On or about June 29, 2007, fhe 2 l " Century Liquidation Trust came into effect

pursuant to 2 l " Century's confirmed plan of reorganization, and Plaintiff received all of 21" Century's right, title and interest in and to the claims prosecuted pursuant to this adversary proceeding. 6. Defendant is an individual. On information and belief, at all times relevant

hereto, Defendant was residing in Los Angeles, Califomia. GENERAL ALLEGATIONS 7. On December 23, 2003, Defendant issued 2 l " Century a promissory note

("Note") in the amount of $10,600.00 together with interest as stated in the Note. A true and correct copy ofthe Note is attached hereto as Exhibit 1 and incorporated herein by this reference. 8. Commencing on January 21, 2004 through June 22, 2004, 2 l " Century transferred

$97,960.00 to Defendant (the "Transfers"). FIRST C L A I M F O R R E L I E F (Breach of Contract) 9. Plaintiff repeats and realleges his allegations contained in Paragraphs 1 through 8

as though fully set forth herein. 10. Defendant has materially breached the Note by failing to pay 21" Century the

amounts due thereunder. 11. The current principal balance due and owing 21st Century under the Note is

$10,600, exclusive of interest and attomey fees and costs, which continue to accrue. 12. As a direct and proximate result of Defendant's failure to repay the Note, 21st 2
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sp>cm (9165

Exhibit C

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Century has been damaged in an amoxmt equal to $10,600 plus interest. 13. It has been necessary for Plaintiff to expend time and incur expenses in order to

prosecute this action, and, therefore. Plaintiff is entitled to an award of reasonable attomey fees and costs. SECOND C L A I M FOR R E L I E F (Avoidance of Fraudulent Transfer Pursuant to 11 U.S.C. 548) 14. Plaintiff repeats and realleges his allegations contained in Paragraphs 1 through 8

as though fully set forth herein. 15. 21" Century made payment to Defendant in the amount of $97,960 between

January 21, 2004 and June 22, 2004. 16. 17. Transfers. 18. 21st Century was insolvent or engaged in business and transactions for which it The Transfers were made on or within two (2) years before the Petition Date. 21 st Century received less than a reasonably equivalent value in exchange for the

had unreasonably small capital on the date that the Transfers were made. 19. The Transfers are avoidable pursuant to 11 U.S.C. 548(a)(1)(B). THIRD C L A I M FOR R E L I E F (Avoidance of Fraudulent Transfers Pursuant to NRS 112.180(l)(b) and 11 U.S.C. 544(b)) 20. Plaintiff repeats and realleges his allegations contained in Paragraphs 1 through 8

and 14 through 19 as though fiilly set forth herein. 21. Transfers. 22. 21st Century was engaged or was about to engage in a business or a transaction 21st Century did not receive reasonably equivalent value in exchange for the

for which its remaining assets were unreasonably small in relation to the business or transaction. 23. 24. 544(b)(1). 3
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The Transfers were made within four (4) years of the filing ofthe Petition Date. The Transfers are avoidable pursuant to N R S 112.180 and 11 U.S.C.

iPKWY 19169

Exhibit C

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FOURTH CLAIM FOR RELIEF (Recovery of Fraudulent Transfers Pursuant to 11 U.S.C. 550) 25. Plaintiff repeats and realleges his allegations contained in Paragraphs 1 through 8

and 14 through 24 as though fiilly set forth herein. 26. If the Transfers to Defendant were an avoidable transfers, then they are

recoverable by Plaintiff pursuant to 11 U.S.C. 550. 27. To the extent any other persons received some ofthe benefit ofthe Transfers then

those persons are the immediate, mediate and/or subsequent transferees from which Plaintiff may recover from pursuant to 11 U.S.C. 550. FIFTH C L A I M FOR RELIEF (Disallowaace O f Claims Pursuant to 11 U.S.C. 502(d)) 28. Plaintiff repeats and realleges his allegations contained in Paragraphs 1 through 8

and 14 through 27 as though fully set forth herein. 29. Plaintiff is infonned and believes, and based thereupon alleges the Transfers are

avoidablefi-audulenttransfers. 30. 11 U.S.C. 502(d) provides that the Bankruptcy Court shall disallow any claim of

a party fi-om which property is recoverable under 11 U.S.C. 550 or that is a transferee of avoidable transfers unless such entity has paid a debtor the recoverable amount of such property. 31. To the extent Defendant asserts claims against 2 l " Century, such claims should

be disallowed pursuant to 11 U.S.C. 502(d). WHEREFORE, Plaintiffprays for judgment against Defendant as follows: 1. On the First Claim for Rehef, the principal amount of $10,600 plus interest as set

forth in the Note through the date of entry of judgment and continuing thereafter until paid. 2. 548. 3. On the Third Claim for Relief, voiding the Transfers pursuant to NRS On the Second Claim for ReHef, voiding the Transfers pursuant to 11 U.S.C.

112.180(l)(b) and 11 U.S.C. 544(b). 4. On the Fourth Claim for Relief, providing recovery of the Transfers or their value 4
101326-001/518125.doc

SPKWY 19149

Exhibit C .

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
LTD.
V

to Plaintiff pursuant to 11 U.S.C. 550. 5. On the Fifth Claim for ReHef, disallowance of any claims of Defendant's

pursuant to 11 U.S.C. 502(d). 6. Awarding Plaintiff his reasonable attorneys' fees and court costs to the extent

permitted by law. 7. Granting Plaintiff such other and further relief as to which he may be entitled. day of November, 2007.
G O R D O N & SILVER, L T D .

D A T E D this

W I L L I A M M . N O A L L , ESQ. L E E I. IGLODY, ESQ. 3960 Howard Hughes Pkwy, 9th Floor Las Vegas, Nevada 89169 Attomeys for Plaintiff

;Picwv

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5
Exhibit C

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EXHIBIT 1

Exhibit C

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S10,600.00

LAS VEGAS, NEVADA

PaOMlSgORYNOTE

Dcnibcr23,2003

FOR VALUE KECETVED. Jason (Mams of Beveriy Hilli, Califoroia (licrcin, "BorrtW) promise to pay to 21* Ccntuiy Technologies, Inc. (herein, "Lcnder"X or holder, ihc scutt of $10,600.00, togeliier with interest thot^on atlhe rate of 10% per annum, on demand. The principal and aocnied Interest dua on this Note may be pre-paid without pcoalty, with any pre-payment haagfirstsppUed to infarest and then lo princiiMl. Any past due principal and interest shall bear biterest at the rata of 18%. If this Note Is placed in the hands of aa attorney for colkction, thenreasonableattotnftys' foes, ooab. including costs of court, shall be paid by fJic Borrower, >Jotice, presentmant and diGhQnor nie waived.

TOrfiL p. 01

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CERTIFICATE OF SERVICE I, Scott Hintz, certify I have served upon: A U S A Leslie J. Abrams 600 U.S. Courthouse 75 Spring Street, S W Atlanta, G A 30303 A true copy ofthe foregoing filing. This 25'*^ day of May 2011 by hand-delivering same to A U S A Abrams' office.

Respectfully,