STATE OF MICHIGAN

IN THE CIRCUIT COURT OF OAKLAND COUNTY

SUSAN LEWIS and MICHAEL ;;:::,';' 08-095594-CK

KEISTER,
Plaintiffs, Case No. 08
IIl l 1 1 1 1 1 111 IIl l l l l l l l 1 1 1 1 1 1 1 11
JUDGE STEVEN N. ANDREWS
Hon. LEWIS.SUSAN v BARKER.KELLY.
V.

KELLY M. BARKER, RUSSELL E. BARKER,

GLOBAL 2 EXPORT, LLC a Michigan limited
liaiblity company f/k/a REDBIRD GLOBAL
INVESTMENTS, LLC, METROSWEEP, INC., a Michigan
corporation and METRO LAND DEVELOPMENT,
L.L.C., a Michigan limited liability company, =
�
C4 WORLDWIDE, INC., a California corporation, 0 !
t·, ' l
c'.:_". I
Defendants. -·--!:

���� ���==________;!
PAUL 5. MILLER (P48025)
.r·-� :
.

Schmidt, Isgrigg, Anderson & Miller

Attorney for Plaintiffs
2745 Pontiac Lake Road w
Waterford, Michigan 48328 C>
ro
(248) 682-8800
------------------I
COMPLAINT
There is no other civil action between these parties arising out of
the same transaction or occurrence as alleged in this Complaint
pending in this court, nor has any such action been previously
filed and dismissed or transferred after having been assigned to
a judge. I do not know of any other civi I action, not between
these parties, arising out of the same transaction or occurrence as
alleged in this Complaint that is either pending or was previously
filed and dismissed, transferred, or otherwise disposed of after
having been assigned to a judge in this court.

NOW COME Plaintiffs, Susan Lewis and Michael Keister (collectively, "Plaintiffs"), by
and through their attorneys, Schmidt, Isgrigg, Anderson & Miller, and state the following for
their Complaint against Defendants Kelly M. Barker, Russell E. Barker, Global 2 Export, LLC,
a Michigan limited liability company f/k/a Redbird Global Investments, LLC, MetroSweep,
Inc., a Michigan corporation, Metro Land Development, L.L.C., a Michigan limited liability
company and C4 Worldwide, Inc, a California corporation (collectively, "Defendants"):
PARTIES
1. Plaintiff Susan Lewis ("Lewis") at all times relevant to this instant action is a
resident of Miami-Dade County, Florida.
2. Plaintiff Michael Keister ("Keister") at all times relevant to this instant action is
a resident of Miami-Dade County, Florida.
3. Defendant Kelly M. Barker is a resident of Oakland County, Michigan and upon
information and belief, Defendant Kelly M. Barker is a principal, shareholder, officer, and/or
member of Defendants Redbird, MetroSweep and Metro Land.
4. Defendant Russell E. Barker is a resident of Oakland County, Michigan and
upon information and belief, Defendant Russell E. Barker is a principal, shareholder, officer,
and/or member of Defendants Redbird, MetroSweep and Metro Land.
5. Defendant Global 2 Export, LLC, is a Michigan limited liability company f/k/a
Redbird Global Investments, LLC ("Redbird") whose registered office is located at 4557
Highland Road, Waterford, Michigan 48328.
6. Defendant MetroSweep, Inc. ("MetroSweep") is a Michigan corporation whose
registered office is located at 4557 Highland Road, Waterford, Michigan 48328.
7. Defendant Metro Land Development, L.L.C. ("Metro Land") is a Michigan
limited liability company whose registered office is located at 4557 Highland Road,
Waterford, Michigan 48328.
8. C4 Worldwide, Inc. ("C4 Worldwide") is a California corporation whose
registered office is located at 8751 Dewey Drive, Garden Grove, California 92841.

2
 TII.15/28/88.66:32:50.&9241

IURISDICTION
9. This Court has jurisdiction over this matter because the amount in controversy
is in excess of Twenty-Five Thousand and 00/100 ($25,000.00) Doi lars, exclusive of interest,
costs and attorney's fees.
COMMON FACTUAL ALLEGATIONS
10. In September of 2007, Defendants Kelly M. Barker and Russell E. Barker,
individually and on behalf of MetroSweep, Redbird and C4 Worldwide, actively solicited
Plaintiffs to invest in certain real estate which was purposed to be located in Dubai, United
Arab Emirates.
11. Defendant Kelly M. Barker represented to Plaintiffs that their investment would
be secured by an interest in the real property once the property closed and that the proceeds
of the investment would be held in an escrow account unti I closing ("Investment Agreement").
12. Based upon the representations of Defendants, Plaintiffs wired certain sums, as
requested by Defendants Kelly M. Barker and Russell E. Barker, under an account in the name
of Redbird with the assurance that the investment documents would follow shortly.
13. Without the knowledge and consent of Plaintiffs and without having provided
additional loan and/or investment documents for execution, Defendant Kelly M. Barker
informed Plaintiffs that she had invested the money from the Redbird account into an account
designated for the purchase of units in an undeveloped mixed-use condominium project
("Dubai Pearl").
14. Defendants Kelly M. Barker and MetroSweep then issued a Demand Promissory
Note ("Note") to Plaintiffs in the amount of Fifty Four Thousand Six Hundred and 00/100
($54,600.00) US Dollars. A true and correct copy of the Note is attached hereto as Exhibit A.
15. The Note was prepared by Defendant Kelly M. Barker.

3
 TII.ifl/28/BB.06:32:55.&9242

16. Pursuant to the Note, Defendants Kelly M. Barker and MetroSweep, jointly and
severally, promised to pay Plaintiffs the sum of Fifty Four Thousand Six Hundred and 00/100
($54,600.00) US Dollars, on or before March 31, 2008.
17. Despite Plaintiffs' demands for repayment the Note and the Investment
Agreement, Defendants have failed and refused to repay the investment and/or the loan.
18. Plaintiffs have further requested from Defendant Kelly M. Barker copies of any
and all documents and evidence of how the investment was applied and where it is held.
Defendant Kelly M. Barker has failed to provide any such documentation.
COUNT I BREACH OF CONTRACT - INVESTMENT AGREEMENT
KELLY M. BARKER, RUSSELL E. BARKER. REDBIRD AND C4 WORLDWIDE
19. Plaintiffs incorporate by reference and reallege all of the allegations as set forth
fully in Paragraphs 1 through 18 inclusive.
20. Plaintiffs entered into an agreement with Defendants Kelly M. Barker, Russell
E. Barker, Redbird and C4 Worldwide whereby Plaintiffs invested certain money with
Defendants Kelly M. Barker, Russell E. Barker, Redbird and/or C4 Worldwide.
21. Defendants Kelly M. Barker, Russell E. Barker, Redbird and C4 Worldwide
agreed to hold the investment in an escrow account and invest the money into certain real
estate holdings in Dubai which investment would be secured by a security interest in the real
estate in Dubai.
22. Pursuant to the parties' agreement, Plaintiffs wired certain funds to the Redbird
account.
23. Defendants Kelly M. Barker, Russell E. Barker, Redbird and C4 Worldwide
breached the agreement by failing and refusing to hold the money in escrow, invest the money
in accordance with the parties' agreement and secure the investment with real estate in Dubai.
24. As a result of Defendants Kelly M. Barker, Russell E. Barker and Redbird breach,
Plaintiffs have incurred damages.

4
 WHEREFORE, Plaintiffs respectfully requests that this Court enter a Judgment in favor
of Plaintiffs and against Defendants Kelly M. Barker, Russell E. Barker, Redbird and C4
Worldwide, jointly and severally, in the amount of Fifty Four Thousand Six Hundred and
00/100 ($54,600.00) Dollars, plus interest, costs and attorney's fees wrongfully incurred by
Plaintiffs in this action.
COUNT II - UN!UST ENRICHMENT
KELLY M. BARKER, RUSSELL E. BARKER, REDBIRD AND C4 WORLDWIDE
25. Plaintiffs incorporates by reference and real lege al I of the al legations as set forth
fully in Paragraph 1 through 24, inclusive.
26. The current value of Plaintiffs' investment is Fifty Four Thousand Six Hundred
and 00/100 ($54,600.00) Dollars, plus interest, costs and attorney's fees.
27. If allowed to retain the benefit of Plaintiff's' investment without holding the
money in escrow, investing the money in accordance with the parties' agreement and securing
the investment in certain real property, Defendants Kelly M. Barker, Russell E. Barker, Redbird
and C4 Worldwide would be unjustly enriched.
WHEREFORE, Plaintiffs respectfully requests that this Court enter a Judgment in favor
of Plaintiffs and against Defendants Kelly M. Barker, Russell E. Barker, Redbird and C4
Worldwide, jointly and severally, in the amount of Fifty Four Thousand Six Hundred and
00/100 ($54,600.00) Dollars, plus interest, costs and attorney's fees wrongfully incurred by
Plaintiffs in this action.
COUNT 111 - PROMISSORY ESTOPPEL
KELLY M. BARKER, RUSSELL E. BARKER, REDBIRD AND C4 WORLDWIDE
28. Plaintiffs incorporate by reference and reallege all of the allegations as set forth
fully in Paragraphs 1 through 27, inclusive.

5
 29. Defendants Kelly M. Barker, Russell E. Barker, Redbird and C4 Worldwide
promised to place Plaintiffs' investment in escrow, invest the money in accordance with the
parties' agreement and secure the investment in certain real property in Dubai.
30. These promises were such that Defendants Kelly M. Barker, Russell E. Barker,
Redbird and C4 Worldwide should have reasonably expected to induce action on the part of
Plaintiffs.
31. Defendants Kelly M. Barker's, Russell E. Barker's, Redbird's and C4 Worldwide's
promises did induce such action on the part of Plaintiffs, who acted in reliance upon such
promises by providing Fifty Four Thousand Six Hundred and 00/100 ($54,600.00) Dollars for
the investment of certain real property in Dubai.
32. As a result of Defendants Kelly M. Barker's, Russell E. Barker's, Redbird's and
C4 Worldwide's breach of these promises, Plaintiffs have incurred damages in the amount of
Fifty Four Thousand Six Hundred and 00/100 ($54,600.00) Dollars, plus interest, costs and
attorney's fees.
33. The enforcement of these promises are necessary to avoid injustice.
WHEREFORE, Plaintiffs respectfully requests that this Court enter a Judgment in favor
of Plaintiffs and against Defendants Kelly M. Barker, Russell E. Barker, Redbird and C4
Worldwide, jointly and severally, in the amount of Fifty Four Thousand Six Hundred and
00/100 ($54,600.00) Dollars, plus interest, costs and attorney's fees wrongfully incurred by
Plaintiffs in this action.
COUNT IV
BREACH OF CONTRACT - DEMAND PROMISSORY NOTE
KELLY M. BARKER AND METROSWEEP
34. Plaintiffs incorporates by reference and reallege all of the allegations as set forth
fully in Paragraph 1 through 33, inclusive.

6
 35. On or about September 23, 2007, Plaintiffs entered into a Demand Promissory
Note ("Note") with Defendants Kelly M. Barker and MetroSweep.
36. Pursuant to the terms of the Note, Defendants Kelly M. Barker and MetroSweep
promised to repay Plaintiffs the sum of Fifty Four Thousand Six Hundred and 00/100
($54,600.00) Dollars on or before March 31, 2008.
37. Defendants Kelly M. Barker and MetroSweep breached the Note by failing and
refusing to repay Plaintiffs in accordance with the terms of the Note.
38. As a result of Defendants Kelly M. Barker's and MetroSweep's breach, Plaintiffs
have suffered damages in the amount of Fifty Four Thousand Six Hundred and 00/100
($54,600.00) Dollars.
WHEREFORE, Plaintiffs respectfully requests that this Court enter a Judgment in favor
of Plaintiffs and against Defendants Kelly M. Barker and MetroSweep, jointly and severally,
in the amount of Fifty Four Thousand Six Hundred and 00/100 ($54,600.00) Dollars, plus
interest, costs and attorney's fees wrongfully incurred by Plaintiffs in this action.
COUNT V · UN!UST ENRICHMENT
KELLY M. BARKER AND METROSWEEP
39. Plaintiffs incorporates by reference and reallege all of the allegations as set forth
fully in Paragraph 1 through 38, inclusive.
40. The outstanding balance of Note is Fifty Four Thousand Six Hundred and 00/100
($54,600.00) Dollars, plus interest, costs and attorney's fees.
41. If allowed to retain the benefit of Plaintiff's' investment without repaying the
Note, Defendants Kelly M. Barker and MetroSweep would be unjustly enriched.
WHEREFORE, Plaintiffs respectfully requests that this Court enter a Judgment in favor
of Plaintiffs and against Defendants Kelly M. Barker and MetroSweep, jointly and severally,
in the amount of Fifty Four Thousand Six Hundred and 00/100 ($54,600.00) Dollars, plus
interest, costs and attorney's fees wrongfully incurred by Plaintiffs in this action.

7
 TII.15/28/68.08:32:se .. 69246

COUNT VI - PROMISSORY ESTOPPEL

KELLY M. BARKER AND METROSWEEP
42. Plaintiffs incorporate by reference and reallege al I of the allegations as set forth
fully in Paragraphs 1 through 41, inclusive.
43. Defendants Kelly M. Barker, Russell E. Barker and Redbird promised to repay
Plaintiffs the outstanding balance of the Note in the amount of Fifty Four Thousand Six
Hundred and 00/100 ($54,600.00) Dollars on or before March 31, 2008.
44. As a result of Defendants Kelly M. Barker's, Russell E. Barker's and Redbird's
failure to repay the Note, Plaintiffs have incurred damages in the amount of Fifty Four
Thousand Six Hundred and 00/100 ($54,600.00) Dollars, plus interest, costs and attorney's
fees.
45. The enforcement of these promises are necessary to avoid injustice.
WHEREFORE, Plaintiffs respectfully requests that this Court enter a Judgment in favor
of Plaintiffs and against Defendants Kelly M. Barker and MetroSweep, jointly and severally,
in the amount of Fifty Four Thousand Six Hundred and 00/100 ($54,600.00) Dollars, plus
interest, costs and attorney's fees wrongfully incurred by Plaintiffs in this action.
COUNT VII - FRAUD
AS TO All DEFENDANTS
46. Plaintiffs incorporate by reference and reallege all of the allegations set forth in
paragraphs 1 through 45, inclusive.
47. As set forth herein, Defendants fraudulently induced Plaintiffs into investing
money by misrepresenting that the investment would be held in escrow until closing and the
investment would be secured by security interest in the real estate in Dubai, United Arab
Emirates.
48. Plaintiffs relied on Defendants representations by wiring Defendants certain
funds.

8
 49. Defendants knew that the representations were false.
50. Defendants Kelly M. Barker and Russell E. Barker, as principals of Redbird,
transferred Plaintiffs investment out of the Redbird account and into an account designated for
the purchase of condominium units without Plaintiffs' prior consent, knowledge or approval.
51. At the time Plaintiffs wired their investment to the Redbird account, Defendants
caused certain land deed to Metro Land be satisfied and discharged. The Discharge of
Mortgage was recorded with the Oakland County Register of Deeds, Liber 39696, Page 299.
52. Upon information and belief, Defendants worked in concert to convert Plaintiffs'
investment for their benefit by satisfying a mortgage secured by real property in which
Defendants Kelly M. Barker, Russell E. Barker and Metro Land had an interest instead of
investing in the real property located in Dubai, United Arab Emirates, pursuant to the parties'
agreement.
53. In addition, Defendant Kelly M. Barker fraudulently claimed she was a member
of the Michigan State Bar and that the Note would be governed under the laws of the State of
Michigan as a material inducement to cause Plaintiffs to invest certain funds.
54. After Defendants Kelly M. Barker and MetroSweep defaulted on the Note,
Defendant Kelly M. Barker informed Plaintiffs that she had been residing in the United Arab
Emirates for the past four (4) years and was no longer a licensed attorney in the State of
Michigan or any other state of the United States and did not have any assets in the State of
Michigan.
55. As a result of Defendants' actions, Plaintiffs have suffered damages.
WHEREFORE, Plaintiffs respectfully requests that this Court enter a Judgment in favor
of Plaintiffs and against Defendants, jointly and severally, in the amount of Fifty Four
Thousand Six Hundred and 00/100 ($54,600.00) Dollars, plus interest, costs and attorney's
fees wrongfully incurred by Plaintiffs in this action.

9
 COUNT VIII
CONVERSION· KELLY M. BARKER, RUSSELL E. BARKER AND METRO LAND
56. Plaintiffs incorporate by reference and reallege all of the allegations set forth in
paragraphs 1 through 55, inclusive.
57. Defendants Kelly M. Barker, Russell E. Barker and Redbird received Plaintiffs'
investment via wire transfer.
58. Upon information and belief, Defendants Kelly M. Barker, Russell E. Barker and
Redbird converted Plaintiffs' investment from the Redbird account to satisfy a mortgage of
Metro Land.
59. Plaintiffs are entitled to recover the amount wrongfully converted by Defendants
as well as three (3x) times said amount plus Plaintiffs' reasonable attorney fees.
WHEREFORE, Plaintiffs respectfully requests that this Court enter a Judgment in favor
of Plaintiffs against Defendants, jointly and severally, in the amount of One Hundred Sixty
Three Thousand Eight Hundred and 00/100 ($163,800.00) Dollars, plus interest, costs and
attorney's fees wrongfully incurred by Plaintiffs in this action.
COUNT IX
AIDING IN THE CONCEALMENT OF CONVERTED INVESTMENT
KELLY M. BARKER, RUSSELL E. BARKER AND REDBIRD
60. Plaintiffs incorporate by reference and reallege all of the allegations set forth in
paragraphs 1 through 59, inclusive.
61. Defendants Kelly M. Barker's. Russell E. Barker's and Redbird's distinct act of
dominion and control wrongfully asserted over Plaintiffs' investment, without fulfilling their
obligations to Plaintiffs, constitutes wrongful conversion of Plaintiff's investment.
62. Defendants MetroSweep and Metro Land benefitted from the conversion of
Plaintiffs' investment.

10
 63. Defendants have aided in the concealment of conversion of Plaintiffs'
investment.
64. Pursuant to MCL 600.2919a, Plaintiffs are expressly entitled to three (3) times
their actual damages as a result of such violation, in addition to all costs and reasonable
attorney fees incurred in the prosecution of this action to recover Plaintiffs' investment.
WHEREFORE, Plaintiffs respectfully requests that this Court enter a Judgment in favor
of Plaintiffs against Defendants, jointly and severally, in the amount of One Hundred Sixty
Three Thousand Eight Hundred and 00/100 ($163,800.00) Dollars, plus interest, costs and
attorney's fees wrongfully incurred by Plaintiffs in this action.

Dated: October , 2008 Respectfully submitted,

SCHMIDT, ISGRIGG, ANDERSON & MILLER

�-7 c__­
By:._."ia.,__
Paul 5. Miller (P48025)
Attorney for Plaintiffs
2745 Pontiac Lake Road
Waterford, Michigan 48328
(248) 682-8800

11
 EXHIBIT A
NOTE

See attached.

S:\SIAM CLJENTS\Lewis, Susan & Keister, Michael\Collect PN Kelly Barker 08-781\complaintwpd

12
 TII. 15/ZB/88.58:32:55.69251

DEMAND PROMISSORY NOTE

$54,600 USD

Date: November 23, 2007

FOR VALUE RECEIVED, the undersigned jointly and severally promise to pay to the order of
Michael Keister and/or Susan Lewis Keister, located in the State of Florida, USA the sum of Fifty
Four Thousand Six Hundred Dollars ($54,600) on or before March 31, 2008.

This note shall take effect as a sealed instrument and be enforced in accordance with the laws of
the State of Michigan, USA.

All parties to this note waive presentment, notice of non-payment, protest and notice of protest,
and agree to remain fully bound notwithstanding the release of any party, extension or
modification of terms, or discharge of any collateral for this note.

NOTICE TO BORROWER: THIS IS A DEMAND NOTE TO BE COLLECTED BY THE LENDER

at March 31, 2008. This electronic signature is recognized by the borrower to be the same
as an original signature and fully enforceable.

Kelly M. Barker, Borrower

Identification of Borrower:

Kelly M. Barker, 371-56-0984, US Passport#: 096328974, Birthdate: 12/20/51, US Address:

MetroSweep, Inc., 4557 Highland Road, Waterford, Michigan 48328. 248 674 4458