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In the superior court of fulton county state of georgia
JEROME D. HOFFMAN, Plaintiff, CIVIL ACTION FILE)
vs. Paul j. RINKO, Defendant.
Complaint for injunctive relief and damages
COMES JEROME D. HOFFMAN and files this his COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES against PAUL J. RINKO, stating as follows:
Parties, Jurisdiction, Venue
1. Based upon information and belief, Defendant resides at 6002 Monument Avenue, Richmond, Henrico County, Virginia, if formal service is not waived.in the alternative, Defendant may be served at 8439 Glazebrook Drive, Richmond, Henrico County, Virginia, if formal service is not waived.
2. At all relevant times, Defendant was employed by Plaintiff Retail Group Partners, Inc. ("RGP"), whose CEO was Jerome D. Hoffman. Mr. Hoffman is a resident of Fulton County, Georgia. Therefore, this Court has jurisdiction over Defendant pursuant to the Georgia Long-Arm Statute.
3. Plaintiff is seeking both injunctive relief as well as damages arising out of a contractual relationship between the parties. Therefore, this Court has jurisdiction over the subject matter of this case.
4. Venue is proper in Fulton County, Georgia, where where Plaintiff resides.
Factual Allegations
5. On or about November 13, Retail Group Partners, Inc. Employed Defendant as in-house counsel. Plaintiff was the CEO of that business.
6. At the commencement of his employment, Defendant entered into a confidentiality agreement with Retail Group Partners, Inc.
(Exhibit A).
7. Additionally, Defendant was licensed to practice law in the State of New York, but expressed his intent to become licensed to practice law in the State of Georgia, consistent with Retail Group Partner's purpose in hiring him, pursuant to Mr. Hoffman's authorization.
8. Thereafter, Defendant represented to one or more individuals, including two judges, that he intended to make the necessary application to practice law in the State of Georgia. This representation served as the basis for Defendant requesting continuances and/or extensions on behalf of one or more business entities affiliated with Retail Group Partners. (Exhibit B).
9. To the best of Plaintiff's knowledge, Defendant never made any application to the State Bar of Georgia or began the process to become admitted to the State Bar of Georgia.
10. Based upon information and belief, both during the course of his employment as well as after his employment, Defendant breached the terms and conditions of the confidentiality agreement between the parties.
11. Plaintiff has reason to believe that Defendant took it upon himself to discourage local attorneys from performing work for Plaintiff, even though Defendant was not admitted to practice law in Georgia and Plaintiff and his affiliates or agents needed to be able to utilize local counsel. Additionally, Plaintiff has reason to believe that Defendant engaged in similar conduct with employees of Plaintiff or his affiliates, thereby causing one or more employees to summarily leave.
12. Plaintiff has reason to believe that Defendant made certain defamatory statements regarding him and his business, characterizing it as a fraudulent scheme.
13. Upon leaving Retail Group Partner's employ in December of Defendant took certain information and documents with him, in violation of the confidentiality agreement.
15. Further, based upon information and belief, Defendant disclosed certain confidential information that he learned about Plaintiff, his affiliates, or agents in an effort to undermine the business and cause harm to Plaintiff.
COUNT I
Injunctive Relief
16. Plaintiff incorporates by reference paragraphs 1 through 15.
17. Defendant has taken certain confidential and proprietary information that belongs to Plaintiff, and has taken certain other compilations and documents that belongs to Plaintiff. Further, based upon information and belief, Defendant has disclosed information that was covered under the terms and conditions of the confidential agreement that prohibited the disclosure of that information.
18. Defendant has utilized this information to his advantage or to Plaintiff's detriment and continues to do so, or will do so in the future.
19.in so doing, Defendant has knowingly violated the terms and conditions of the Confidentiality Agreement between Retail Group Partners and Defendant, to the detriment of Plaintiff personally.
20. There is a substantial likelihood that Plaintiff will succeed on the merits of this case.
21. There is a substantial threat that Plaintiff will suffer irreparable injury if a temporary restraining order and/or preliminary injunction is not granted.
22. The threatened injury to Plaintiff outweighs the harm that injunctive relief might cause Defendant.
23. Granting a preliminary injunction in this case will not disserve the public interest.
24. Plaintiff is therefore entitled to the following relief:
a. An order of this Court enjoining Defendant from any further utilization or disbursement of any confidential and/or proprietary information received from or through Plaintiff or Retail Group Partners during Defendant's term of employment, as well as any compilations or other documents Defendant obtained or copied during his term of employment;
B. An order of this Court instructing Defendant to return instanter any and all materials or information taken from Plaintiff as described above;
C. A temporary restraining order and/or preliminary injunction enjoining Defendant from any further utilization or disbursement of any confidential and/or proprietary information received from or through Plaintiff during Defendant's term of employment, as well as any compilations or other documents Defendant obtained or copied during his term of employment with Plaintiff, pending the outcome of this lawsuit; and
D. A permanent injunction ordering Defendant to refrain from any further use of the above-described information and to return any and all documents taken from Plaintiff, any offices of Plaintiff or Plaintiff's premises, including copies made thereof.
COUNT II
Tortious Interference With Business Relationships
25. Plaintiff incorporates paragraphs 1 through 24 by reference.
26. During the course of Defendant's employment with Retail Group Partners, Plaintiff Hoffman attempted to establish certain business relationships with local attorneys because Defendant had not yet been admitted to practice law in Georgia.
27. Based upon information and belief, Defendant took it upon himself to disclose information to those attorneys or to otherwise interject himself into that business relationship.in so doing, Defendant effectively precluded Plaintiff from being able to retain local counsel in a timely manner.
28. As a result of Defendant's actions, Plaintiff believes that litigation currently pending against Plaintiff, his affiliates or agents was not handled in the most efficient, professional manner, to Plaintiff's detriment.
29. Defendant's actions have caused Plaintiff to incur damages in an amount to be proven at trial.
COUNT III
Defamation
30. Plaintiffs incorporate paragraphs 1 through 29 by reference.
31. Based upon information and belief, Defendant embarked on a course of making certain false statements regarding Plaintiff Jerome Hoffman and his business activities. Specifically, Defendant has accused Plaintiff Hoffman of currently operating certain business ventures as part of a massive fraud scheme. Such statements cast Plaintiff Hoffman in an unfavorable light within the retail food industry, as well as within certain investment banking realms.
32. Plaintiff Hoffman has a good faith belief that Defendant made these false communications to one or more third parties.
33.in making these false representations to third parties, Defendant was at fault in making same.
34. Plaintiff Hoffman has a further good faith belief that Defendant made these false representations to third parties out of malice.
35. As a result of Defendant's actions, Plaintiff Hoffman's reputation has been damaged and he has become the object of ridicule.individuals and entities no longer trust him and Defendant's false statements have impeded Plaintiff Hoffman's progress in implementing his business plan.
36. Defendant's actions support a cause of action for defamation per se.in the alternative, Defendant's actions support an action for defamation for which Plaintiff Hoffman will prove special damages for additional expenses caused by the delay in implementing the requisite business plan and the delay in generating revenue to repay certain debts owed, in an amount to be proven at trial.
COUNT IV
Punitive Damages
37. Plaintiff incorporates paragraphs 1 through 36 by reference.
38. Upon information and belief, Defendant embarked upon a course of conduct whereby he intentionally caused harm to Plaintiff by interfering with certain of Plaintiff's business relationships.
38. Defendant further embarked upon a course of conduct whereby he intentionally and knowingly damaged the reputation of Plaintiff.
39. Defendant's actions showed willful misconduct, malice, wantonness, or that entire want of care which would raise the presumption of conscious indifference to consequences. Plaintiff therefore prays for additional exemplary and punitive damages in an amount to be determined by a jury to deter Defendant from such wrongful conduct in the future.
WHEREFORE, Plaintiff prays as follows:
a. That Plaintiff has a trial by jury;
b. That this Court enjoin Defendant from any further disclosure of any information that is protected under the terms and conditions of the confidentiality agreement;
c. That this Court find that Defendant has tortuously interfered with certain business relationships of Plaintiff;
d. That this Court find that Defendant has defamed Plaintiff Hoffman;
e. That this Court find that Plaintiff is entitled to damages as a result of Defendant's actions;
f. That this Court find that Plaintiff is entitled to punitive damages as a result of Defendant's actions; and
g. Such other and further relief as this Court deems proper and just.
JEROME D. HOFFMAN, Pro Se Plaintiff
In the superior court of cobb county state of georgia
jerome d. Hoffman, plaintiff, civil action file
vs. Paul j. Rinko, defendant.
Plaintiff's first continuing interrogatories to defendant
COMES NOW PLAINTIFF in the above-styled action and, pursuant to O.C.G.A. 9-11-33, propounds these interrogatories to Defendant. You are required to answer these interrogatories and fully in writing under oath and to serve a copy of your answers upon Plaintiff within forty-five (45) days after service hereof.
NOTE A: Defendant "shall furnish such information as is available to the part[ies]." See O.C.G.A. 9-11-33 (a).
NOTE B: These interrogatories are deemed to be continuing in nature and supplemental responses shall be required as set forth in O.C.G.A. 9-11-26 (e).
Instructions
(1) In lieu of identifying any document, it shall be a sufficient response to produce such
document and attach a copy thereof to your answers to these interrogatories.
(2) With regard to the terms defined herein, all terms used in the singular shall include the plural, and all terms used in the plural shall include the singular.
(3) Whenever these interrogatories request information which was furnished in response to a previous interrogatory, such information need not be restated, and it is sufficient to identify, by number, the previous answer which contains the information requested.
(4) Whenever these interrogatories request information which is not available to the Defendant in the form requested, but is available in another form or can be obtained elsewhere, so state or either supply the information requested in the form in which it is available or supply the data from which the information requested can be obtained.
(5) Each interrogatory should be construed independently and not with reference to any other interrogatory for purposes of limitation, except where specifically so designated.
(6) If any information requested by these interrogatories is withheld because Defendant claims that the information is privileged, state the basis upon which any privilege is claimed and the general subject matter of the information withheld.
Definitions
As used herein, the terms listed below are defined as follows:
1."Document" means every writing or record of every type and description that is or has been in your possession, custody, or control or of which you have knowledge, including but not limited to correspondence, memoranda, tapes, stenographic or handwritten notes, studies, publications, books, pamphlets, pictures, drawings and photographs, films, microfilms, computer files, facsimiles, voice recordings, maps, reports, surveys, minutes or statistical compilations, or any other reported or graphic material in whatever form, including copies, drafts, and reproductions. "Document" also refers to any other data compilations from which information can be obtained, and translated, if necessary, by you through computers or detection devices into reasonably usable form.
2."Person" means any natural person, corporation, partnership, proprietorship, association, governmental entity, agency, group, organization, or group of persons.
3. To "identify" a "document" means to provide the following information irrespective of whether the document is deemed privileged or subject to any claim of privilege:
(a) The title or other means of identification of each such document;
(b) The type of document (e.G., letter, memorandum, record);
(c) The date of each such document;
(d) The author of each such document;
(e) The recipient or recipients of each such document, including but not limited to plaintiff or anyone who purports to represent the plaintiff;
(f) The present location of any and all copies of each such document in the care, custody, or control of plaintiff;
(g) The names and current addresses of any and all persons who have custody or control of each such document or copies thereof; and
(h) If all copies of the document have been destroyed, the names and current addresses of the person or persons authorizing the destruction of the document and the date that the document was
destroyed.
In lieu of "identifying" any document, it shall be deemed a sufficient compliance with these interrogatories to attach a copy of each such document to the answers hereto and reference said document to the particular interrogatory to which the document is responsive.
4. To "identify" a natural person means to state that person's full name, title, or affiliation, and last known address and telephone number. To "identify" a person that is a business, organization, or group of persons means to state the full name of such business, organization, or group of persons, the form of the business, organization, or group of persons (e.G., government agency, corporation, partnership, joint venture, etc.), and to "identify" the natural person who would have knowledge of the information sought by the interrogatory.
5."Defendant, " "you, " or "your" refers to, without limitation, any named Defendant, and all business entities with which he is or has been affiliated, together with any predecessor, successor, parent, or subsidiary entity as well as any officer, director, employee, attorney, agent, or representative of Defendant or any such other individual or business entity who is in possession of or may have obtained information concerning the actions of Defendant.
6."Complaint" refers to the Complaint filed by Plaintiff in this action.
7. Terms in the singular shall be deemed to include the plural and terms in the plural shall be deemed to include the singular.
8. Use of feminine pronouns shall be deemed to include the masculine and neuter and use of masculine pronouns shall be deemed to include the feminine and neuter.
ENUMERATED INTERROGATORIES
1. Please give the names and addresses of persons known to the Defendant or Defendant's counsel to be witnesses concerning the facts of the case and indicate whether written or recorded statements have been taken form the witnesses and indicate who has possession of such statements, and for each witness set forth a summary of the facts known to or observed by each such witness.
2. Set forth a list of photographs, sketches, charts, graphs, records, materials, notes, letters, articles, treatises, exhibits, or other prepared documents in the possession of the Defendant or Defendant's counsel that relate to any claim or counterclaim in the case, to the extent that Defendant asserts a counterclaim.
3. Identify each person you will call as an expert witness at the trial of this action and for each expert so identified, provide the witness's full name and address, the witness's qualifications as an expert and field of expertise, the subject matter on which the expert is expected to testify, the substance of the facts and opinions to which the expert is expected to testify, and a complete summary of the grounds for each such opinion.
4. Identify each and every person who provided information utilized in responding to these interrogatories, including the individual or entity's name, address, and telephone number.
5. Provide a list of all documents or information that you removed from Plaintiff's offices in Kennesaw, Georgia. This list includes all documents, whether copies or originals, that you removed and returned, or removed at the time that you left Retail Group Partner's employ.
6. Please describe the detail the nature of your relationship with Jacob Newman, including when and how you met, whether you lived together at any time, and any conversations you have had with Mr. Newman regarding your relationship with Plaintiff, or any of Plaintiff's affiliates or agents.include in your response your concerns about Mr. Newman's unresolved criminal charges pending in Atlanta.
7. Please list each and every fact that supports your contention that Retail Group/Boxcar Stores is a "corrupt, illegal and immoral operation engaged in a massive fraud scheme, " as alleged in your resignation letter of December 10.
8. Please list every attorney of whom you are aware who has performed legal services for Plaintiff, his affiliates, or agents.
9. Please list each and every fact that supports your contention that Plaintiff, his affiliates or agents have received "millions of dollars worth of goods and services" for which he has not paid.
10. Please list each and every contractor who paid Plaintiff, his affiliates or agents a "refundable" deposit to bid on jobs at properties. Please designate which of these contractors did not receive his or her deposit back.
11. Please list each and every misrepresentation that Plaintiff, his affiliates or agents has made to contractors and suppliers in an effort to induce them to provide goods and services.
12. Please list each and every employee of any of the Plaintiff, his affiliates or agents who has not received wages that they earned or reimbursement for valid business expenses.
13. Please provide the source of any information that you have obtained with regard to Plaintiff's background, including, but not limited to, information related to Mr. Hoffman's prior investment dealings, prior criminal history, attempts to launch business ventures in Texas and the Northeast, and any investigations by the New York Attorney General's office.
14. Please describe in detail each and every conversation that you had with any prospective attorney regarding the Plaintiff, his affiliates or agents.
15. Please list the name, address and telephone number of every former employee of Plaintiff, his affiliates or agents with whom you have been in contact since leaving Retail Group Partners' employ.
16. For each request for admission that you denied, please state in detail the basis for that denial, to the extent that you receive requests for admissions.
JEROME D. HOFFMAN, Pro Se Plaintiff
In the superior court of fulton county state of georgia
jerome d. Hoffman, plaintiff, civil action file
vs. Paul j. Rinko, defendant.
Plaintiff's first request for production of documents and notice to product to deendant
Pursuant to O.C.G.A. 9-11-34, Plaintiff requests that, on the forty-fifth (45th) day from service, Defendant produce for inspection and copying at 6300 Powers Ferry Road, Atlanta, Georgia 30339 the documents described below that are in the possession, control or custody of the Defendant or his agents or attorneys.in lieu of producing the documents at the above address, it will suffice if legible copies of this material are sent to Plaintiff at the above address within the previously proscribed time of these Requests to Produce.
You are hereby further notified to produce, pursuant to O.C.G.A. 24-10-26, at any hearing upon Rule Nisi, any jury trial, your deposition, or any other non-jury hearing or trial in the above case and from time to time and term to term until the above case is concluded the documents and records set forth below in your possession, control, or custody, the same to be used as evidence by the Plaintiff.
If privilege is claimed as to any document otherwise covered by this request for production, Plaintiff requests that each document as to which privilege is claimed be identified in a manner such that the Court may determine whether or not such document is entitled to be accorded privileged status. Specifically, state (a) the document's sender or author, recipient, date, type of document (e.G., letter, memorandum, record, etc.) and general subject matter; and (b) the basis upon which you claim the privilege. This request for production seeks inspection and copying of documents in the possession of Defendant and his agents and attorneys, including both copies and originals, unless otherwise specifically stated.
Instructions for Answering
1. You are required, in responding to this request to obtain and furnish all information available to you and any of your representatives, employees, agents, brokers, servants, or attorneys and to obtain and furnish all information that is in your possession or under your control, or in the possession or under the control of any of your representatives, employees, agents, servants, or attorneys.
2. Each request which seeks information relating in any way to communications, to, from, or within a business and/or corporate entity, is hereby designated to demand, and should be construed to include, all communications by and between representatives, employees, agents, brokers and/or servants of the business and/or corporate entity.
3. All documents produced shall be segregated and identified by the paragraphs to which they are primarily responsive. Where required by a particular paragraph of this Request, documents produced shall be further segregated and identifies as indicated in this paragraph. For any documents that are stored or maintained in files in the normal course of business, such documents shall be produces in such files, or in such a manner as to preserve and identify the file from which such documents were taken.
4. If you object to part of any request, please furnish documents responsive to the remainder of the request.
5. Each request refers to all documents that are either known by the defendant to exist or that can be located or discovered by reasonably diligent efforts of the defendant.
6. The documents produced in response to this Request shall include all attachments and enclosures.
7. The documents requested for production include those in the possession, custody, or control of defendant, its agents, representatives or attorneys.
8. References to the singular include the plural.
9. Please note that the defendant, pursuant to O.C.G.A. 9-11-26 (e), is under a continuing duty to seasonably supplement the production with documents obtained subsequent to the preparation and filing of a response to each request.
10. All documents called for by this request or related to this request, for which the defendant claims a privilege or statutory authority as a ground for nonproduction shall be listed chronologically and Defendant shall state the identity of each person or persons other than stenographic or clerical assistants) participating in the preparation of the document; and the factual and legal basis for claim, privilege or specific statutory or regulatory authority which provides the claimed ground for nonproduction.
11. All documents produced in response to this Request shall be produced in toto notwithstanding the fact that portions thereof may contain information not requested.
12. If any documents requested herein have been lost or destroyed, the documents so lost or destroyed shall be identified by author, date, and subject matter.
13. Where exact information cannot be furnished, estimated information is to be supplied to the extent possible. Where estimation is used, it should be so indicated, and an explanation should be given as to the basis on which the estimate was made and the reason exact information cannot be furnished.
14. With respect to any document requested which was once in possession, custody or control, but no longer is, please indicate the date the document ceased to be in possession, custody, or control, the manner in which it is ceased, and the name and address of its present custodian.
Definitions
As used herein, the terms listed below are defined as follows:
1."Document" means every writing or record of every type and description that is or has been in your possession, custody, or control or of which you have knowledge, including but not limited to correspondence, memoranda, tapes, stenographic or handwritten notes, studies, publications, books, pamphlets, pictures, drawings and photographs, films, microfilms, computer files, facsimiles, voice recordings, maps, reports, surveys, minutes or statistical compilations, or any other reported or graphic material in whatever form, including copies, drafts, and reproductions. "Document" also refers to any other data compilations from which information can be obtained, and translated, if necessary, by you through computers or detection devices into reasonably usable form.
2."Person" means any natural person, corporation, partnership, proprietorship, association, governmental entity, agency, group, organization, or group of persons.
3."Defendant, " "you, " or "your" refers to, without limitation, any named Defendant, and all business entities with which he is or has been affiliated, together with any predecessor, successor, parent, or subsidiary entity as well as any officer, director, employee, attorney, agent, or representative of Defendant or any such other individual or business entity who is in possession of or may have obtained information concerning the actions of Defendant.
4."Complaint" refers to the Complaint filed by Plaintiff in this action.
5. Terms in the singular shall be deemed to include the plural and terms in the plural shall be deemed to include the singular.
6."You, " "your" and "yourself" refer to the party to whom the following requests are addressed, and its agents, representatives, officers, directors, affiliates, predecessors and successors in interest, parents, divisions, subsidiaries, area and regional offices and employees, including persons or entities outside of the United States.
7."Communication" shall mean any transmission of information, the information transmitted, and any process by which information is transmitted, and shall include written communications and oral communications.
8."Relating to" means consisting of, referring to, describing, discussing, constituting, evidencing, containing, reflecting, mentioning, concerning, pertaining to, citing, summarizing, analyzing, or bearing any logical or factual connection with the matter discussed.
9."Claim" means a demand or assertion, whether oral or written, formal or informal, by any person for monetary payment, the undertaking of action, or the cessation of action.
10."Consulted" or "contracted" means any form of communication, e.G., oral statements, telephonic conversations or other mechanical communications or any other type of communication including written letters or documents.
11."Management" or "manage" includes any act of directing, conducting, administering, controlling, or handling an identified function or duty.
12."During the relevant time period" shall mean a period of five years before and up to the date of occurrence alleged.
SPECIFIC RESPONSES
1. Please produce all documents that support any defenses raised in your Answer.
2. Please produce all documents that supports any counterclaim that you may have raised or intend to raise.
3. Please produce all documents that support any request for admission that you denied, to the extent that requests for admissions are served upon you.
4. Please produce all documents, e-mails, videos, computer downloads, or any other information that you obtained at Plaintiffs' place of business.
5. Please produce all correspondence, e-mails, tapes, or any other form of communication with any potential, current or former employee of Plaintiffs his affiliates or agents.
6. Please produce all correspondence, e-mails, tapes, or any other form of communication shared with or sent to any potential, current or former vendor of Plaintiff, his affiliates or agents.
7. Please produce all correspondence, e-mails, tapes, or any other form of communication with any third part regarding Plaintiff, his affiliates, or agents.
8. Please produce all correspondence, e-mails, tapes, or any other form of communication with any potential investor of Plaintiff, his affiliates, or agents.
9. Please produce all correspondence, e-mails, tapes, or any other form of communication with any member of the media regarding Plaintiff, his affiliates or agents.
10. Please produce all documents evidencing any efforts that you made to become admitted to the State Bar of Georgia, including, but not limited to, any applications, general information, certificate of good standing from New York, etc.
11. Please produce a certificate of good standing for the State Bar of New York.
12. Please produce a copy of each and every bar application that you have submitted to any state bar since leaving Plaintiff's employ.
13. Please produce a copy of your cell phone records from October 1 to the present.
14. Please produce a copy of any employment application that you have submitted to any prospective employer since December 1.
15. Please produce a copy of any documents that you intend to introduce at the trial of this case.
JEROME D. HOFFMAN, Pro Se Plaintiff
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