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COMPLAINT
NOW COMES Plaintiff, UNITED STATES OF AMERICA for the use of RAGAN
MECHANICAL, INC. (APlaintiff@), by and through counsel, and for its Complaint against the
Defendants states:
1. This action arises under 40 U.S.C. ''3131 - 3134, commonly known as the
AMiller Act.@
Massachusetts corporation authorized to do business in Tennessee that maintains its principal office
at 16810 Kenton Drive, Suite 240, Huntersville, North Carolina 28078. A copy of the summons and
complaint may be served upon AEM via its registered agent for service of process, CT Corporation,
(AWestchesterA), a Pennsylvania corporation, maintains its principal place of business at 436 Walnut
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inter alia, issuing surety bonds on public projects. Pursuant to Tenn. Code. Ann. § 56-2-504,
Westchester can be served with process by forwarding the summons and complaint to its statutory
agent, the Tennessee Commissioner of Commerce and Insurance, 500 James Robertson Parkway, 5th
4. Upon information and belief, AEM was at all relevant times the contractor
under a certain Agreement with Johnson Controls, Inc., the General Contractor for a project
commonly known as the AMelton Valley Steam Plant@ for the construction of a steam plant at Oak
(the “Bond”) and is now a surety under a contract between Johnson Controls, Inc., and the United
States. A copy of said Bond is attached to this Agreement, marked Exhibit AA@ and made a part
hereof.
providing that Plaintiff would provide supervision, labor, material and equipment for the
construction of the Melton Valley Steam Plant ORNL. A copy of said Subcontract is attached
7. On the dates shown herein, Plaintiff and AEM, in accordance with the terms
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Copies of the written change orders set forth above are attached here to as Collective Exhibit "C".
Subcontract with AEM, Plaintiff began the additional work to be completed and finished in
accordance with plans and specifications and has performed and completed all conditions of the
9. After application of all credits, AEM now owes Plaintiff herein the sum of
$287,624.09, which amount AEM refuses to pay in violation of its contractual obligations despite
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12. More than ninety (90) days have elapsed since Plaintiff last supplied labor and
materials. Less than one (1) year has elapsed since the last materials and/or labor was supplied.
13. All conditions precedent for bringing this action have been performed or
occurred. A copy of the Notice to Johnson Controls, Inc., General Contractor and Westchester, the
bond company, as required by statute is attached hereto, marked Exhibit “D”, and made a part hereof.
WHEREFORE, the UNITED STATES OF AMERICA on behalf and to the use of RAGAN
provided by law plus reasonable attorney fees incurred and all taxable costs of this action.
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s/Meghan H. Morgan
P. Edward Pratt, Esq. (BPR #12758)
Meghan H. Morgan, Esq. (BPR # 024619)
Baker, Donelson, Bearman, et al.
265 Brookview Centre Way
Suite 600
Knoxville, Tennessee 37919
(865) 549-7000
epratt@bakerdonelson.com
mhmorgan@bakerdonelson.com
Of Counsel:
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(b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT North Carolina
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF
LAND INVOLVED
II. BASIS OF JURISDICTION (PLACE AN x IN ONE BOX ONLY) III. CITIZENSHIP OF PRINCIPAL PARTIES (PLACE AN “X” IN ONE BOX FOR PLAINTIFF
(For Diversity Cases Only) AND ONE BOX FOR DEFENDANT)
PTF DEF PTF DEF
X 1 U.S. Government 3 Federal Question
Plaintiff (U.S. Government Not a Party) Citizens of This State 1 1 Incorporated or Principal Place 4 4
Of Business in This State
2 U.S. Government 4 Diversity
Citizens of Another State 2 2 Incorporated and Principal Place 5 5
(Indicate Citizenship of Parties
Of Business in Another State
in Item III)
Citizens or Subject of a 3 3 Foreign Nation 6 6
Foreign County
IV. NATURE OF SUIT (PLACE AN X IN ONE BOX ONLY)
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 610 Agriculture 422 Appeal 400 State Reapportionment
120 Marine 620 Other Food & Drug 28 USC 158
310 Airplane 362 Personal Injury – Med 410 Antitrust
X 130 Miller Act 315 Airplane Product Malpractice 625 Drug Related Seizure of 423 Withdrawal
430 Banks and Banking
140 Negotiable Instrument Liability 365 Personal Injury – Product Property 21 USC 881 28 USC 157
320 Liability 450 Commerce
150 Recovery of Overpayment Assault, Libel & Slander 630 Liquor Laws
of Veteran’s Benefits 368 Asbestos Personal Injury PROPERTY RIGHTS 460 Deportation
330 Federal Employers’ 640 R.R. & Truck
151 Medicare Act Liability Product Liability 820 Copyrights 470 Racketeer Influenced
650 Airline Regs
152 Recovery of Defaulted 340 Marine PERSONAL INJURY 830 Patent and Corrupt
Student Loans 345 Marine Product Liability
660 Occupational
370 Other Fraud Safety/Health Organizations
(Excl. Veterans) 350 Motor Vehicle 840 Trademark
153 Recovery of Overpayment 371 Truth in Lending 690 Other 480 Consumer Credit
355 Motor Vehicle Product
of Veteran’s Benefits Liability 380 Other Personal Property LABOR SOCIAL SECURITY 490 Cable/Sat. TV
160 Stockholders’ Suits 360 Other Personal Injury Damage 810 Selective Service
190 Other Contract 710 Fair Labor Standards 861 HIA (1395ff)
385 Property Damage Product Act 862 Black Lung (923) 850 Securities/Commodities/
195 Contract Product Liability
Liability 720 Labor/Mgmt. Relations 863 DIWC/DIWW Exchange
196 Franchise
730 Labor/Mgmt. Reporting (405(g)) 875 Customer Challenge
& Disclosure Act 864 SSID Title XVI 12 USC 3410
865 RSI (405(g)) 890 Other Statutory Actions
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 740 Railway Labor Act FEDERAL TAX SUITS 891 Agricultural Acts
210 Land Condemnation 441 Voting 510 Motions to Vacate 790 Other Labor Litigation 870 Taxes (U.S. 892 Economic Stabilization
Sentence Plaintiff or Act
220 Foreclosure 442 Employment 791 Empl. Ret. Inc.
HABEAS CORPUS: Security Act Defendant) 893 Environmental Matters
230 Rent Lease & Ejectment 443 Housing/
Accommodations 530 General 871 IRS – Third Party 894 Energy Allocation Act
240 Torts to Land
444 Welfare 535 Death Penalty 28 USC 7609 895 Freedom of Information
245 Tort Product Liability Act
540 Mandamus & Other
290 All Other Real Property 440 Other Civil Rights
550 Civil Rights 900 Appeal of Fee
555 Prison Condition Determination Under
Equal Access to Justice
950 Constitutionality of
State Statutes
VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND Check YES only if demanded in complaint:
COMPLAINT UNDER F.R.C.P. 23 $287,624.09 JURY DEMAND: YES NO
DISCLOSURE STATEMENT
I, the undersigned, counsel of record for Ragan Mechanical, Inc., certify to the best of my
X My client has no corporate interests to be certified under Federal Rule of Civil Procedure
7.1 or Federal Rule of Criminal Procedure 12.4.
The following publicly held corporation(s) own 10% or more of my client's stock:
s/ Meghan H. Morgan
(Signature of Counsel)
May 3, 2011
(Date)
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that on May 3, 2011, a true and exact copy of the
foregoing Disclosure Statement was filed electronically. Notice of this filing will be sent by
operation of the Court's electronic filing system to all parties indicated on the electronic filing
receipt. All other parties will be served by electronic mail, hand delivery or regular U.S. mail.
Parties may access this filing through the Court's electronic filing system.
Terrill L. Adkins
Trammell, Adkins & Ward, P.C.
128 Northshore Dr., Suite 201
Knoxville, TN 37919
s/ Meghan H. Morgan
Attorney
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