In the United States District Court

For the Eastern District of Pennsylvania

Marc Stein,
Plaintiff,
v.
Northern Liberties Neighbors
Assocaition, et. al,
Defendants.
Jury Trial Demanded
Counterclaim
Christopher Sm1:!J!er v. Marc Stein dlb/a
626 Front LLC
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Counterclaim _,,. D er;,
Jurisdiction and Venue
I. This court has jurisdiction over the Pendant State Law claim as-
serted herein pursuant to 28 U.S. Code 1367.
2. This court is the appropriate venue for the current counter-
claims pursuant to 28 U.S.C. A. l391(b).
Parties
3. Marc Stein is the plaintiff in the above action and the defendant
in the counterclaims being asserted. He is a citizen of the Com-
monwealth of Pennsylvania with his business address located at
626-628 North Front Street in Philadelphia, PA.
4. Counterclaimant, Christopher Sawyer, is a citizen of the Com-
monwealth of Pennsylvania and can be contacted through his
counsel, A. Jordan Rushie of Mulvihill and Rushie, at 2424 East
York Street in Philadelphia, PA.
Factual Allegations
5. On August 27, 2013 the plaintiff, Marc Stein, filed the above
titled action against the counterclaimants for Selective Enforce-
ep. Clerk.
Case 2:13-cv-04644-WD Document 92 Filed 10/14/14 Page 1 of 5
Christopher Salll)ier v. Marc Stein d/bla 626 Front LLC
Counterclaim
ment, Defamation, Discrimination by Interfering with a Con-
tractual Interest and Tortious Interference with Business.
6. The suit was premised on Christopher Sawyer's blog posts about
Club Aura, which were made on his blog Philadelinquency.
7. Although critical of Club Aura, all of Sawyer's blog posts were
either true, hyperbole, or opinion commentary.
8. The suit against Sawyer was initiated to try and silence him from
reporting critically about Club Aura's illegal activities on his
blog and on social media, not to redress a legitimate injury.
9. On October 3, 2014 plaintiff Marc Stein was deposed.
IO. In sworn testimony, plaintiff admitted to counterclaimants'
counsel, on the record and in specific detail, that none of the
content in Sawyer's blog posts contained false statements of fact.
II. Once Stein conceded in his deposition that he did not believe
that the statements made by Sawyer were false, that they were
hyperbole, or opinion commentary, Stein conceded that the
Sawyer was not liable for the the blog posts he sued for.
I2. By admitting this, plaintiff also conceded that his allegations in
his Amended Complaint, which averred that the statements
made in the defendants' blog posts were false, were baseless and
without merit when alleged.
13. However, instead of withdrawing the action against Sawyer, he
has chosen to continue to litigate these frivolous claims for no
other purpose than to procure a settlement that allows him, and
his attorneys, to avoid suit for wrongful use of civil proceedings.
2
Case 2:13-cv-04644-WD Document 92 Filed 10/14/14 Page 2 of 5
Christopher Sa"!Yer v. Marc Stein dlb/ a 6 Z 6 Front LLC
Counterclaim
Causes of Action
Count I: Abuse of Process
14. This above mentioned litigation strategy is being used by the
plaintiff to accomplish a purpose for which the civil litigation
process was not designed.
15. This continued litigation has caused and will continue to cause
Sawyer significant financial harm in the form of attorney's fees
and costs associated with the ongoing litigation.
16. The plaintiff has deliberately perverted this particular legal
process for their own personal benefit.
17. This perversion of the civil process is not an authorized goal for
which the process was intended.
18. The plaintiff's actions are willful and wanton and are being
committed with deliberate disregard for the integrity of the fed-
eral litigation process and the Sawyer's civil rights.
Request for Relief
Wherefore, counterclaimant Christopher Sawyer respectfully re-
quests the following relief;
Compensatory damages in excess of$175,ooo.oo; and
Punitive damages in excess of $175,000.00; and
Actual damages to fully reimburse Sawyer for the attorney fees and
costs incurred in litigating against the causes of action in plaintiff's
complaint; and
Any and all attorney fees and costs associated with the litigation of
this countersuit; and
Any other relief that this Honorable Court deems necessary, just
and proper.
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Case 2:13-cv-04644-WD Document 92 Filed 10/14/14 Page 3 of 5
Christopher Sauyer v. Marc Stein dlbla 626 Front LLC
Counterclaim
Respectfully Submitted,
,;'i
A.JoL Rushie
Jordan@FishtownLaw.com
Pa. Id. 209066
Mulvihill & Rushie LLC
2424 East York Street Suite 316
Philadelphia, PA 19125
215.385.5291
4
Case 2:13-cv-04644-WD Document 92 Filed 10/14/14 Page 4 of 5
Certificate of Service
I, A. Jordan Rushie, certify that I sent a copy of Defendants' Coun-
terclaims to the following parties via CM/ECF:
A. Jordan Rushie
Marirose Roach, Esquire
Roach, Leite & Manyin, LLC
2938 Levick Street
Ground Floor
Philadelphia, PA 19149
Dated: Thursday, October 9, 2014
FHlED
OCT 1 4 20t
4
IVllC . ASL. i;
Sy ! KUN;z, Clerk
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Case 2:13-cv-04644-WD Document 92 Filed 10/14/14 Page 5 of 5