Fill and Sign the John Doe V Purdue University Accused Students Deserve a Form

IN THE CIRCUIT COURT OF _______ COUNTY, ALABAMA _________________ * Plaintiff,* vs. *CIVIL ACTION NUMBER:*JOHN DOE I, JOHN DOE II,JOHN DOE III, JOHN DOE IV, and *JOHN DOE V, who are those persons,firms, corporations, associations, *proprietorships, or other entities whosenames and identities are otherwise *unknown at this time by the Plaintiff, but who will be added by amendment *when ascertained and who participated in the sale, servicing, handling and/or *canceling of certain dental/vision/prescription plan(s) of Plaintiff *and/or and/or who participated in acts or omissions that caused damage to *the plan(s) purchased by Plaintiffand/or who took and/or converted *for their own uses money fromPlaintiff and/or who engaged in a *conspiracy or participated in acts oromissions which involved said plans*and/or who participated in a cover-upor conspiracy of silence to withhold*from the Plaintiff informationabout the Plaintiff’s plan(s), * Defendants. * COMPLAINT 1.The Plaintiff, ____________ (hereinafter “_____”), is over the age of nineteen (19) years and a resident citizen of Elmore County, Alabama.2.The Plaintiff is unsophisticated in financial matters and at all times material hereto relied on Defendants to properly advise her. 3.The Defendant, __________Corporation (hereinafter “_________”), is a foreign corporation, which at all times material hereto, was doing business in ________County, Alabama, and continues to do business in _______ County, Alabama.4.The Defendant, ____________________, Inc. (hereinafter “_________ of Alabama”) is an Alabama corporation, which at all times material hereto, was doing business in _______ County, Alabama, and continues to do business in ____________ County, Alabama.5. The Defendant, ______________________ (hereinafter “___________”), is an individual over the age of nineteen (19) years and a resident citizen of Montgomery County, Alabama. At all times material hereto, ___________ was a representative, general agent, soliciting agent, agent, and/or employee of the Defendants _________, _________ of Alabama, and John Does I - V, and was at all times material hereto acting within the line and scope of his agency/employment. 6.The Defendants, John Doe I, John Doe II, John Doe III, John Doe IV and John Doe V, are those persons, firms, corporations, associations, proprietorships, or other entities whose names and identities are otherwise unknown at this time by the Plaintiff, but who will be added by amendment when ascertained and who participated in the sale, servicing, handling and/or canceling of certain dental/vision/prescription plan(s) of Plaintiff and/or and/or who participated in acts or omissions that caused damage to the plan(s) purchased by Plaintiff and/or who took and/or converted for their own uses money from Plaintiff and/or who engaged in a conspiracy or participated in acts or omissions which involved said plans and/or who participated in a cover-up or conspiracy of silence to withhold from the Plaintiff information about the Plaintiff’s plan(s). 7. In the Spring of 1997, _________ representative, ___________________, approached the Plaintiff, ____________, at her place of employment, ___________________ in ____________ County, Alabama, with the permission of the Plaintiff’s principal. ___________ was presenting _________ to the teachers at that school in the library at the time Ms. _____ met with him. 8.____________ told Ms. ____________ that she could purchase a family dental, prescription, and vision insurance type of “plan” for approximately $15.00 - $20.00 per month, which would cover everyone in her household. ____________ said that, under the dental and vision portion of the plan, the plan would pay 100% of the charges. Under the prescription portion of the plan, ____________ said the patient would receive a discount on prescriptions. He further told Ms. ____________ that she could choose any dentist, vision provider or pharmacy she wanted to use and, if they were not already on _________’s “list,” she could just write or call _________ and give them her doctor’s names and addresses and they would be added to the “list,” at no charge or cost to the doctors. 9. ____________ stated that this plan was used in addition to any medical insurance plan the Plaintiff might already have, and that she would receive the _________ discounts in addition to what the insurance she already had paid. 10.Relying on these representations, Ms. ____________ purchased this dental/vision/prescription plan from _________ and, thereafter, payments for the plan were deducted automatically from her paycheck through payroll deduction.11. Ms. ____________ subsequently received cards from _________, which she was to present when she attempted to use the plan.12.Ms. ____________ tried on several occasions to use her plan at her dentist, vision care provider, and/or pharmacy, but was told at each place that they had never heard of the plan and that she could not use it with them.13. The Defendants stood in fiduciary positions of trust to the Plaintiff in regard to matters relating to her investment into their plan, and the representations stated above were false, and made by the Defendants with knowledge of their falseness. 14. Further, the Defendants, while acting in fiduciary positions of trust to the Plaintiff, made the following fraudulent misrepresentations and/or omissions of fact and/or failed to disclose to her the following material facts: ()The disadvantages of the plan sold to Plaintiff were not explained to her; ()The Plaintiff was not told that in order for her dentist, vision provider or pharmacist to be included in the plan, they would have to fill out an application and pay an application fee;() The Plaintiff was not told that her dentist, vision provider and/or pharmacist would not automatically be added to the plan;() The Plaintiff was not told that the plan would in fact cover less than 90% - 100% of her dental and vision care;() It was concealed from the Plaintiff that the pharmacy discounts she would receive through ____________ were not in addition to pharmacy discounts she would receive through her health insurance and/or would not provide any benefits to her in addition to what her insurance benefits provided. 15. Said failures to disclose were made with the intention to deceive the Plaintiff and did so deceive her to her detriment and damage. Had there been full and complete disclosure to the Plaintiff about what she was purchasing and how the product performed, the Plaintiff would not have purchased the product from the Defendants.16. Plaintiff alleges that, in connection with the fraudulent conduct on the part of the Defendants, said Defendants, separately and severally, consciously or deliberately engaged in oppression, fraud, conspiracy to commit fraud, negligence, and wantonness or malice with regard to the Plaintiff.17.Defendants, ____________, ____________ of Alabama, and John Does I - V, with respect to their agents, employees, and servants, either: )( Knew or should have known of the unfitness of the agents, employees or servants and employed them or continued to employ them, or use their services without proper instruction with disregard to the rights and financial safety and security of the Plaintiff;)( Authorized the wrongful conduct;)( Ratified the wrongful conduct; and/or)(The acts of said agents, servants or employees were calculated to and did benefit said Defendants. 18.Plaintiff alleges that the acts or omissions of the Defendants as aforesaid were malicious, and that the Defendants deliberately omitted and/or failed to disclose same to Plaintiff. Defendants’ actions were intentional and wrongful and were done without just cause or excuse with the intent to injure the Plaintiff. The acts or omissions of the Defendants were oppressive and Defendants deliberately omitted and/or failed to disclose to the Plaintiff the aforesaid material facts. The acts or omissions of the Defendants were oppressive because they subjected the Plaintiff to cruel and unjust hardship with conscious disregard for the rights of the Plaintiff. Plaintiff alleges that the Defendants’ conduct constituted a pattern or practice of fraudulent acts or omissions. 19.Plaintiff was not aware of and did not have facts before her to discover the frauds as alleged herein until she spoke on the telephone with an ____________ representative less than two years before the filing of this Complaint and was told that what ____________ had represented to her was not true, and subsequently received a packet of information from ____________. 20.Said actions/inactions alleged herein were originated in part and/or in whole by Defendants ____________, ____________ of Alabama, and John Does I - V, and put into action through their agents, servants, and/or employees to induce potential purchasers such as Plaintiff to purchase ____________ products.21.Further, Plaintiff alleges that the acts and omissions of Defendants were part of a plan, scheme, pattern and practice of all Defendants to misrepresent facts to Plaintiff and suppress and conceal facts from Plaintiff, and that said Defendants have participated in and accomplished the same and/or similar type of actions and inactions on others prior and subsequent to Plaintiff.22.As a proximate consequence of Defendants’ actions and inactions, Plaintiff has been damaged in that she has lost money; payments to her ____________ plan; has lost the ability to purchase the actual product she was told she was purchasing; and has suffered extreme emotional distress and/or mental anguish, and will in the future. COUNT ONE (WILLFUL MISREPRESENTATION) 23.Plaintiff adopts and realleges paragraphs 1 - 22.24.Plaintiff brings this action against the Defendants for willful misrepresentation pursuant to Ala. Code §6-5-100 and §6-5-101 (1975).25.Plaintiff alleges that the Defendants made false representations and/or omissions of fact to the Plaintiff concerning existing material facts as indicated herein, and that such representations and/or omissions of fact were made with knowledge or belief on the part of the Defendants that said representations and omissions of fact were false. Said representations and/or omissions of fact were made by the Defendants with the intent to induce the Plaintiff to act, and Plaintiff did in fact rely upon these representations and/or omissions of fact and acted to her detriment. 26. As a proximate consequence of said willful misrepresentations of the Defendants, Plaintiff suffered damages as stated in paragraph 22.WHEREFORE, Plaintiff demands judgment against all Defendants, jointly and severally, in excess of the jurisdictional limits of this Court for compensatory and punitive damages, together with interest and costs. COUNT TWO (RECKLESS MISREPRESENTATION) 27. Plaintiff adopts and realleges paragraphs 1 - 22.28.Plaintiff brings this action against the Defendants for reckless misrepresentation pursuant to Ala. Code §6-5-100 and §6-5-101 (1975). 29.Plaintiff alleges that the Defendants made reckless misrepresentations and/or omissions of fact to the Plaintiff concerning existing material facts and that said representations and/or omissions of fact were made by the Defendants recklessly or without sufficient information. Such reckless misrepresentations and/or omissions of fact were made with the intent to induce the Plaintiff to act, and Plaintiff relied on said representations and/or omissions of fact to act to her detriment.30.As a proximate consequence of said reckless misrepresentations of Defendants, Plaintiff suffered damages as stated in paragraph 22.WHEREFORE, Plaintiff demands judgment against all Defendants, jointly and severally, in excess of the jurisdictional limits of this Court for compensatory and punitive damages, together with interest and costs. COUNT THREE (MISTAKEN MISREPRESENTATION) 31.Plaintiff adopts and realleges paragraphs 1 - 22.32.Plaintiff brings this action for mistaken misrepresentation pursuant to Ala. Code §6-5-100 and §6-5-101 (1975).33.Plaintiff alleges that the Defendants made innocent or mistaken misrepresentations and/or omissions of fact concerning existing material facts. Said misrepresentations and/or omissions of fact were made by the Defendants with the intent to induce the Plaintiff to act, and the Plaintiff did in fact rely on these representations and/or omissions of fact to her detriment.34.As a proximate consequence of the mistaken misrepresentations of Defendants, Plaintiff suffered damages as stated in paragraph 22.WHEREFORE, Plaintiff demands judgment against all Defendants, jointly and severally, in excess of the jurisdictional limits of this Court for compensatory damages, together with interest and costs. COUNT FOUR (DECEIT) 35.Plaintiff adopts and realleges paragraphs 1 - 22.36.Plaintiff brings this action for deceit pursuant to Ala. Code §6-5-103 (1975). 37.Plaintiff alleges that the Defendants deceived the Plaintiff by the willful misrepresentation of a material fact and/or the fraudulent or reckless representation of facts as true, which the Defendants may not have known to be false, with the intent to deceive the Plaintiff, and upon which the Plaintiff did act to her detriment and injury.38.As a proximate consequence of the deceit of the Defendants, Plaintiff suffered damages as stated in paragraph 22.WHEREFORE, Plaintiff demands judgment against all Defendants, jointly and severally, in excess of the jurisdictional limits of this Court for compensatory and punitive damages, together with interest and costs. COUNT FIVE (FRAUDULENT DECEIT) 39. Plaintiff adopts and realleges paragraphs 1 - 22. 40.Plaintiff brings this action for fraudulent deceit pursuant to Ala. Code §6-5-104 (1975).41.Plaintiff alleges that the Defendants willfully deceived the Plaintiff with the intent to induce Plaintiff to alter her position to her injury and risk.42. As a proximate consequence of the fraudulent deceit of Defendants, Plaintiff suffered damages as stated in paragraph 22.WHEREFORE, Plaintiff demands judgment against all Defendants, jointly and severally, in excess of the jurisdictional limits of this Court for compensatory and punitive damages, together with interest and costs. COUNT SIX (SUPPRESSION) 43. Plaintiff adopts and realleges paragraphs 1- 22.44.Plaintiff brings this action for suppression pursuant to Ala. Code §6-5-102 (1975).45. Plaintiff alleges that the Defendants suppressed material facts which Defendants had a duty to and were obligated to communicate to the Plaintiff within the meaning of §6-5-102, Alabama Code (1975).46.Plaintiff alleges that the Defendants had superior knowledge and/or expertise of investment/business matters which was not shared by the Plaintiff, and that Defendants seized upon Plaintiff’s lack of knowledge of investment/business matters to sell Plaintiff a plan which Plaintiff would not have otherwise purchased if she had full and complete knowledge of the terms of the plan.47.Plaintiff suffered damages as stated in paragraph 22 as a proximate consequence.WHEREFORE, Plaintiff demands judgment against all Defendants, jointly and severally, in excess of the jurisdictional limits of this Court for compensatory and punitive damages, together with interest and costs. COUNT SEVEN(CONSPIRACY) 48. Plaintiff adopts and realleges paragraphs 1 - 22. 49.Plaintiff alleges that the Defendant named in paragraph 4, individually and as agent and/or servant/employee of Defendants ____________, ____________ of Alabama, and/or John Does I - V, did conspire, scheme, plan, and act in concert and in and among themselves to commit the frauds and wrongs as aforesaid in paragraphs 1 - 21 against Plaintiff, ____________. 50.Said concerted actions were done to accomplish an unlawful, oppressive, immoral, purpose and/or were done by unlawful, oppressive, immoral means to accomplish a purpose not unlawful, oppressive, or immoral.51.As a proximate consequence of said conspiracy, scheme, plan, and actions in concert, Plaintiff suffered damage as stated in paragraph 22.WHEREFORE, Plaintiff demands judgment against all Defendants, jointly and severally, in excess of the jurisdictional limits of this Court for compensatory and punitive damages, together with interest and costs. COUNT EIGHT(CONVERSION) 52. Plaintiff adopts and realleges paragraphs 1 - 22.53.Defendants converted funds belonging to the Plaintiff, particularly, the payroll deduction paid to the Defendants, to the Defendants’ own use and benefit without the permission or knowledge of the Plaintiff. 54.As a proximate consequence of said conversion of monies, Plaintiff was injured and damaged as stated in paragraph 22. WHEREFORE, Plaintiff demands judgment against all Defendants, jointly and severally, in excess of the jurisdictional limits of this Court for compensatory and punitive damages, together with interest and costs. _______________ & ASSOCIATES, P.C.Attorneys for PlaintiffPost Office Drawer ____Mobile, Alabama _____ (334) ________ BY:_____________________________________ AttorneyNumber PLAINTIFF RESPECTFULLY REQUESTS A TRIAL BY JURY AS TO ALL COUNTS. __________________________________________Attorney Please serve the Defendant, ____________ Corp., by certified mail, return receipt requested, at the following address: ____________ Corp.____________ ParkwaySuite Dallas, Texas __________ Please serve the Defendant, ____________ of Alabama, Inc., by certified mail, return receipt requested, at the following address: ____________ of Alabama, Inc.c/o _______________________________ DriveBirmingham, Alabama _____ Please serve the Defendant, E. Charles ____________, by certified mail, return receipt requested, at the following address: __________________________ South _____ StreetMontgomery, Alabama ______