____________________________________________________________________________________ SECOND AMENDED COMPLAINTThe Plaintiff, by and through the undersigned counsel, sues the Defendants: Miss Florida Scholarship Pageant, Inc., a Florida corporation, d/b/a The Miss Florida Pageant; Jennifer Herrington; Jacksonville Scholarship Foundation, Inc., a Florida Not-For-Profit Corporation; Voyager Info-Systems, a California Business, d/b/a VoyForums.com; and Global Guest, d/b/a AmazingForums.com, a Foreign Business and as grounds therefore would state: 1. The Plaintiff, North Florida Scholarship Organization, Inc, (hereinafter “N.F.S.O.”) is a Florida Not-For-Profit Corporation doing business in the Jacksonville, Duval County, Florida area producing the Miss Jacksonville Pageant, an Official Miss America Preliminary Pageant. 2. The Defendant, MISS FLORIDA SCHOLARSHIP PAGEANT, INC., a Florida corporation, d/b/a The Miss Florida Pageant, (hereinafter “Miss Florida”) is the Official Miss America Preliminary for the State of Florida, doing Business throughout the State of Florida, including with the Plaintiff in Jacksonville, Duval County, Florida. 3. At all time relevant hereto Defendant, Jennifer Herrington (hereinafter Herrington) was an Individual living in the County of Duval, Jacksonville, Florida, was a former Co-Executive Director of the Miss Jacksonville Pageant, under the Plaintiff and also acted as an agent for the Defendant MISS FLORIDA. 4. The Defendant, JACKSONVILLE SCHOLARSHIP FOUNDATION, INC., (hereinafter Foundation) a Florida Not For-Profit Corporation, does business in the County of Duval, City of Jacksonville as the Miss River City Jacksonville Pageant. 5. Defendant, VOYAGER INFO-SYSTEMS, A California Business d/b/a VoyForums.com (hereinafter VoyForums) runs an Internet forum, which reaches individuals and businesses in the Jacksonville, Duval County, Florida area and spread libelous information about the Plaintiff through an unknown moderator at: http://www.voy.com/182321. 6. Defendant, GLOBAL GUEST, d/b/a AmazingForums.com, a Foreign Business (hereinafter AmazingForums) runs an Internet forum which reaches individuals and businesses in the Jacksonville, Duval County, Florida area and spread libelous information about the Plaintiff through an unknown moderator at: http://www.amazingforums.com /forum2/ MISS FL FAN2/615.html. 7. The Plaintiff, N.F.S.O. is a Florida Not-For Profit Corporation, producing the Miss Jacksonville/First Coast Pageants in Duval County, Jacksonville, Florida since 2003 and through the corporations Executive Directors since 1996. 8. The Defendant, MISS FLORIDA, is a Florida corporation licensed by the Miss America Pageant System to run a preliminary state pageant and to issue franchises to local pageants for the state pageant or is otherwise licensed and registered to do business in the State of Florida to include Jacksonville, Duval County, Florida. 9. The Plaintiff’s, Miss Jacksonville, Co-Executive Directors Kevin Sanders and Cammie Sanders have received many honors and recognition for their work in pageantry. The Co-Executive Directors were awarded for their excellence in and service to pageantry throughout Florida in 2005 by the Defendant Miss Florida recognizing them as Executive Directors of the Year. The Plaintiff through the efforts of its Executive Directors has also received much recognition from the Jacksonville City Council and Mayor's Office for its local work. In 2006 the Plaintiff was recognized for its Miss Jacksonville Teen Pageant producing the 2006 Miss Florida's Outstanding Teen. The Plaintiff has been at least a Bronze Patron to the Miss Florida Pageant since its existence. (a copy of documents evidencing such are attached hereto as Composite Exhibit "A" and by reference incorporated herein) 10. The Plaintiff’s Executive Directors’ talents and coaching have produced many state finalists and award winners in the Florida Miss and Teen Pageants, two holders of Miss Florida directly from the local Miss Jacksonville/ First Coast Pageants, as well as one Miss Florida’s Outstanding Teen in 2006. 11. Plaintiff has expended much time, effort and expense to produce and sustain the Miss Jacksonville / First Coast Pageants and to present a top pageant and generous scholarships, mostly through direct monetary contributions from the Plaintiff’s Co-Executive Directors and the generous contribution of their personal and business contacts. 12. Plaintiff has been granted 501(c)(3) federal tax status from the IRS for its scholarship activities and for being a 100% volunteer organization. 13. Defendant Herrington left the Plaintiff N.F.S.O. and Miss Jacksonville Pageant seeking more lofty goals with the Miss Florida Organization, acting as its business manager. Ms. Herrington, unbeknownst to the current Miss Florida President, Mary Sullivan, sought to conspire with other Miss Florida Board members to take over Mary Sullivan’s position as President when Mary Sullivan was seeking the Presidency of a National Organization of Miss America State Pageant Directors. Though Mary Sullivan was elected to this national position, the organization was dissolved and, to Defendant Herrington’s dismay, Sullivan remained President of Miss Florida. 14. When Defendant Herrington’s plan to take over as President of the Miss Florida Pageant did not work out, in September of 2006, Herrington sought to take over the Miss Jacksonville Pageant through intentionally interfering in the Plaintiff’s business relationship with the Florida Board and through the slander and libel of the Plaintiff and Plaintiff’s Co-Executive Directors, to the Miss Florida Board and its President, Mary Sullivan, taking advantage of the Plaintiff’s Co-Executive Directors split time and attention between the Pageant, work and their one year old, first child, Ciara Lauryn. 15. All actions taken by Defendant Herrington to take over the Plaintiff's Pageant, and access to the Defendant’s Miss Florida’s Board of Directors, were done so in her capacity as agent and business manager of Defendant Miss Florida and with the knowledge of the Mary Sullivan, President of Defendant Miss Florida. Defendant Herrington has acknowledged e-mail and verbal conversations between herself and Sullivan to this effect. (A copy of the e-mail from Herrington to the Plaintiff’s Executive Director are attached hereto as Composite Exhibit "B" and by reference incorporated herein.) It is also believed that Herrington posted libelous fiction against the Plaintiff and its Co-Executive Directors on the web forums VoyForums.com and AmazingForums.com using her home computer and her husband's computer supplied by his employer General Electric. 16. Mary Sullivan acted upon Defendants Herrington’s slander and libel initially granting Herrington the position as Executive Director of the Miss Jacksonville Pageant and the Miss Florida web site briefly reflected the same. 17. Plaintiff initiated an e-mail and later a telephone conference with counsel for the Miss Florida Pageant, Ray McLeod. Ray McLeod conferenced in by telephone Miss Florida’s Mary Sullivan who verbally agreed and committed to return the Miss Jacksonville Pageant to the Plaintiff and promised that such would be renewed for the coming year. 18. Mary Sullivan, as Defendant Miss Florida’s agent, in the presence of Miss Florida’s attorney, Ray McLeod, stated verbally in the telephone conversation with Plaintiff, that it has been the long standing policy of the Defendant Miss Florida, that if the current Franchise holder desires to continue the Franchise, such will be protected by Miss Florida. Mary Sullivan confirmed this policy in writing in her e-mail answer to Defendant Herrington’s e-mail to her of September 17, 2006. 19. Defendant Miss Florida through Mary Sullivan set out the prerequisites, requesting the Plaintiff to send its Franchise Application. Based on the representations of Defendant Miss Florida’s agent, Mary Sullivan, the Plaintiff on September 18, 2006, in justified reliance thereon, sent in its Franchise Agreement along with Franchise Fee of $650.00 to Defendant Miss Florida care of Mary Sullivan. Plaintiff complied with all pre-requisites set out by Miss Florida. 20. Mary Sullivan followed up her conversation with the Plaintiff and Ray McLeod with a confirming e-mail the next day obligating the Defendant, Miss Florida Pageant, through verbal and written promises to renew the Plaintiff’s franchise and to accept the Franchise agreement sent in by the Plaintiff (a copy of the e-mail from Sullivan to Sanders is attached hereto as Exhibit "C" and by reference incorporated herein). 21. Defendant Miss Florida updated its web site to take Jennifer Herrington off and reflect the Plaintiff owned the Miss Jacksonville franchise. A September 19, 2006 e-mail from Defendant Herrington to Mary Sullivan confirmed that the web site was updated removing Herrington’s name from the Jacksonville Pageant and listing Kevin Sanders as Director under her address. 22. The Defendant Miss Florida’s website was seen by other individuals and executive directors, and was further proof, held out to the world in writing by Defendant Miss Florida, that the Plaintiff’s franchise had been renewed. 23. The Plaintiff set a pageant date for the Miss Jacksonville pageant, committed to a venue where the pageant would be held, expended set up fees, labor and material for stage set, and travel expenses to the Miss Florida Franchise Meeting in Orlando on 10/14/2006 believing the formal paperwork would be received at that time. 24. Despite the promises made by Mary Sullivan on behalf of Defendant Miss Florida, the Plaintiff was denied the Miss Jacksonville Franchise in breach of the Defendant Miss Florida’s verbal and e-mail agreement and commitment from Sullivan and the long standing policy that renewed all other franchises for 2007. 25. Defendant Miss Florida, through its agent Mary Sullivan, did not deliver news of Miss Florida’s wrongful breach of her verbal and email agreements to Plaintiff’s agent, Kevin Sanders, until at the Miss Florida Franchise meeting in Orlando on October 14, 2006 in the presence of Miss Florida Board Members Rob Loy, Kitty Potapow and Richard Walker, claiming such was a Board decision that morning, but the majority of the Board of Directors listed by the Miss Florida Pageant were not present that day. (A copy of the Program Book listed Board of Directors for the Defendant Miss Florida is attached hereto as Exhibit "D" and by reference incorporated herein.) 26. Only 3 days later, one Board member, Patty Adeeb, e-mailed Plaintiff’s former Executive Director Cammie Sanders to find out why the Plaintiff did not seek to renew its franchise which leaves the Plaintiff with strong doubt that any decision not to renew the Plaintiff's Miss Jacksonville franchise was a Board decision. (A copy of the email from Patty Adeeb is attached hereto as Exhibit "E" and by reference incorporated herein.) 27. Additionally, though there is nothing written that requires the Plaintiff to hold a Miss America Organization “Miss” Franchise in order to hold a Miss America Outstanding Teen local preliminary, the Directors for the state teen pageant, Miss Florida’s Outstanding Teen Pageant, based on Miss Florida’s refusing to renew the Miss Jacksonville Pageant in the name of the Plaintiff, refused to allow the Plaintiff to host the Miss Jacksonville Outstanding Teen Pageant, even though its Miss Jacksonville’s Outstanding Teen 2006 was the current reigning Miss Florida’s Outstanding Teen 2006. This denied the Plaintiff a unique opportunity to promote the Miss Jacksonville Outstanding Teen Pageant and the additional scholarship revenues that would have been derived therefrom. 28. Defendant Miss Florida further breached the agreement to renew with the Plaintiff by granting the Miss Jacksonville franchise to the Defendant Foundation, under the direction of Ruth Sidbury, formerly associated with the Miss Jacksonville Pageant. Sidbury’s troubles began with the former Miss Florida Board. Former and current Miss Florida Board Member, Patty Adeeb claimed to overhear Ruth Sidbury use a racial slur to describe a black contestant in another pageant. The then Miss Florida Board attempted to remove Sidbury from the Pageant system. Other similar accusations were made to the Florida Board against Sidbury at that time. 29. The Miss Jacksonville Pageant was eventually taken away from Ruth Sidbury by the Plaintiff when Sidbury failed and otherwise refused to provide any accounting or allow audit of the bank accounts, books and records of the Miss Jacksonville Pageant at the request of her board members at that time and further refused to reimburse a board member expenses which Sidbury reimbursed herself for. Finances for the Miss Jacksonville Pageant under her direction are still unknown to date. The current Miss Florida Board is knowledgeable of the problems of Sidbury, but confirmed she would receive the Jacksonville Franchise anyway showing indifference to contestants of color and to pageant finances. 30. Sidbury, with the seeming permission of the defendant Miss Florida has and is soliciting supporters, sponsors, advertisers and contestants uniquely cultivated and developed by the Plaintiff using the pageant's goodwill established the Plaintiff. Upon information and belief Defendant Foundation, through Sidbury, is spreading false and misleading information about the Plaintiff and Plaintiff’s agents to further damage Plaintiff’s local reputation and hard earned goodwill. 31. Plaintiff is a charitable organization, relying entirely on the Miss Jacksonville Pageant to fund its activities and provide much need scholarships to young women between the ages of 17 - 24 to obtain a higher education. To date Plaintiff has provide tens of thousands of dollars for educational scholarships, but such may now all be lost due to the actions of the Defendant Miss Florida. COUNT ONE - DECLARATORY RELIEF (MISS FLORIDA)This is an action for declaratory relief. Plaintiff, by and through the undersigned counsel, would re-allege and incorporate herein paragraphs 1 - 31, herein and would further state: 32. This is an action pursuant to Chapter 86 of the Florida Statutes for declaratory relief and this Court has proper jurisdiction over the parties and the subject matter hereof. 33. Due to the actions of Defendant Miss Florida breaching the verbal and e-mail agreement of its agent, Mary Sullivan, to renew Plaintiff’s Miss Jacksonville Franchise, the Plaintiff’s pageant scheduled for February 17th, 2007 was cancelled causing Plaintiff to lose costs expended in anticipation of the same, as well as the advertisements, fees, ticket sales, donations and other receipts from the same. 34. Plaintiff averaged receipts through the Miss Jacksonville Pageant are lost for the 2006-2007 season and possibly for 2007-2008 season if not forever due to the actions of the Defendant Miss Florida. 35. Plaintiff seeks declaratory action to force Defendant Miss Florida to acknowledge the telephone statements made and e-mail sent to Plaintiff by Mary Sullivan on behalf of Defendant Miss Florida to be an agreement to renew the Miss Jacksonville Franchise in the name of the Plaintiff and to protect the Plaintiff’s franchise. 36. Plaintiff additionally seeks to recover monetary damages from Defendant Miss Florida, for such breach of the verbal and e-mail agreements. 37. Plaintiff has been forced to retain counsel to file this action for declaratory relief and has had to expend fees and costs for the same. Florida Statute 86 allows for the recovery of such costs and Plaintiff seeks attorney’s fees pursuant to the 2006-2007 Official Local Preliminary Pageant Franchise Agreement which Plaintiff submitted to defendant Miss Florida as a part of the pre-requisites set out by Mary Sullivan verbally and through email. (A copy of which is attached hereto as Exhibit “F” and by reference incorporated herein.) WHEREFORE, Plaintiff seeks relief consistent with the pleadings contained herein, for an award of Plaintiff's attorney's fees and costs, trial by jury on all issues so triable, and for such other and further relief as would be just and equitable. COUNT TWO - SPECIFIC PERFORMANCE (MISS FLORIDA)This is an action for specific performance. Plaintiff, by and through the undersigned counsel, would re-allege and incorporate herein paragraphs 1 - 37 herein and would further state: 38. Plaintiff has a valid verbal and written email contractual agreement (a copy of which is attached hereto as Exhibit “C” and by reference incorporated herein) with Defendant Miss Florida, through its agent Mary Sullivan, for the renewal of its franchise as the Miss Jacksonville Pageant, a local Miss America Preliminary. 39. Defendant Miss Florida, through its agent Mary Sullivan acknowledged in her e-mail answer to Jennifer Herrington that Defendant Miss Florida “under normal circumstances” would protect the Plaintiff’s franchise and pageant name. 40. Plaintiff demands specific performance by Defendant Miss Florida awarding the Miss Jacksonville Franchise to the Plaintiff in accordance with the verbal and email agreements and acknowledgments made to the Plaintiff by Defendant Miss Florida’s agent, Mary Sullivan. 41. The Plaintiff has and will continue to suffer monetary damages and damages to its reputation, that may be difficult to overcome, until and unless this Honorable Court acts in equity and forces the Defendant Miss Florida to honor its agreement to renew the Miss Jacksonville franchise with the Plaintiff. Wherefore the Plaintiff demands relief consistent with the pleading herein, and for such other and further relief as justice and equity require. COUNT THREE – INJUNCTION (MISS FLORIDA)This is an action for injunctive relief to prevent further irreparable harm to the Plaintiff. Plaintiff, by and through the undersigned counsel, would re-allege and incorporate herein paragraphs 1 - 41 herein and would further state: 42. Plaintiff has shown that it has a verbal and email confirmation from Defendant Miss Florida’s agent, Mary Sullivan, that the Plaintiff’s Miss Jacksonville franchise would be renewed, and believes that with such proof which is attached to this Second Amended Complaint, it has a high likelihood of success. 43. Defendant Miss Florida’s failure to abide by the verbal and email agreements to renew the Plaintiff’s franchise have been compounded by the awarding of the Miss Jacksonville franchise to the Defendant Foundation which has now already put on a 2007 Miss Jacksonville local Miss America preliminary pageant and is currently seeking the Jacksonville Franchise for 2008. Defendant Miss Florida in its Motion to Dismiss the Plaintiff’s Complaint certified out on February 14th, 2007 makes an admission therein that the franchise agreement between the Plaintiff and Defendant Miss Florida had been renewed and included in such Motion to Dismiss a prayer to dismiss for improper venue citing the current franchise agreement, which it failed to award to the Plaintiff at the October franchise meeting. Plaintiff believes such to be an admission that Defendant, Miss Florida, actually renewed its franchise agreement but failed to formally acknowledge the same. 44. The Plaintiff has and continues to suffer irreparable harm due to the actions of the Defendant Miss Florida not renewing the Miss Jacksonville Franchise with the Plaintiff and further by granting such to the Defendant Foundation which has taken advantage of the Plaintiff’s hard work, reputation, and good will capitalizing on the contestants, donations, fees, advertisers, general scholarship profits that otherwise would have gone to the Plaintiff. Such failure to award the pageant and the production of a Miss Jacksonville Pageant without the Plaintiff, has and will continue to do irreparable harm to the Plaintiff for which there is no adequate remedy of law. 45. Plaintiff is entitled to an affirmative injunction against the Defendant Miss Florida enjoining Defendant Miss Florida to renew the Miss Jacksonville franchise with the Plaintiff and/or a negative injunction, enjoining Defendant Miss Florida from awarding the Miss Jacksonville Franchise to any organization or person, other than the Plaintiff until the contractual issues can be sorted by the Court. 46. Plaintiff is a 501(c)3 scholarship organization and is without sufficient funds to post a bond. Defendant Foundation will not be damaged or harmed from the granting of this injunction as it already runs the Miss River City Jacksonville Pageant and can also franchise any other title name it may desire. The damage to the Plaintiff, however, is real and extreme as the Plaintiff has not been able to put on its pageant or to participate in a Miss America local preliminary and has therefore lost all revenues that would have been generated therefrom. 47. The damages to the Plaintiff in not granting this injunctive relief far outweighs any possible harm that the granting of such would cause to any of the Defendants herein and the granting of the injunction would serve the public interest in allowing scholarship opportunities to parents and their children seeking such through the Miss America system. The Plaintiff has no other adequate remedy at law to stop its current losses and damages. Wherefore the Plaintiff demands injunctive relieve consistent with the pleadings contained herein, and for such other and further relief as justice and equity require. COUNT FOUR – BREACH OF CONTRACT (MISS FLORIDA) This is an action for Breach of Contract in excess of $15,000.00. Plaintiff, by and through the undersigned counsel, would re-allege and incorporate herein paragraphs 1 – 47 herein and would further state: 48. Defendant Miss Florida has breached its verbal and email agreement made by its officer/agent, Mary Sullivan, to renew the Miss Jacksonville Franchise with the Plaintiff causing the Plaintiff to suffer current and future monetary damages as well as damage to its reputation and the reputation of its directors. Such email agreement from Mary Sullivan is attached hereto as Exhibit “C” and by reference incorporated herein. 49. As a direct and proximate result of the Defendant Miss Florida’s Breach, the Plaintiff has suffered monetary damages to include, but not limited to: its reputation and ability to profit in the future, costs expended for stage set, costs for the venue to hold the pageant, lost general scholarship proceeds, loss of the Miss Jacksonville Outstanding Teen Franchise, advertisers, ticket sales, donations, and general receipts. Wherefore the Plaintiff demands judgment for monetary damage against the Defendant Miss Florida, for a trial by jury and for such other and further relief as justice and equity require. COUNT FIVE – LIBEL AND SLANDER (HERRINGTON)This is an action for damages in excess of $15,000.00. Plaintiff, by and through the undersigned counsel, would re-allege and incorporate herein paragraphs 1 - 49 herein and would further state: 50. Defendant Herrington, individually and as business manager of the Defendant Miss Florida, engaged in libel and slander against the Plaintiff, in that she verbally and in writing, through telephone and email, falsely attacked the Plaintiff’s 2006 Executive Directors’ actions and character doing damage to the Plaintiff’s business and business reputation. 51. Defendant Herrington’s defamatory statements and emails were made by Herrington with the knowledge of and at the direction of Defendant’s Miss Florida’s, Mary Sullivan, and members of the Miss Florida Board, as well as on her own for the sole purpose of obtaining the Plaintiff’s Miss Jacksonville Pageant franchise for her own and taking it away from the Plaintiff. 52. Defendant Herrington engaged in false verbal and written accusations by e-mail and by telephone with Mary Sullivan and other Miss Florida Board Members resulting in the Plaintiff’s loss of the Miss Jacksonville Pageant franchise. 53. Defendant Herrington additionally spread false information about the Plaintiff’s Executive Directors on the pageant forum web sites on VoyForum and Amazing Forums suggesting “new blood” was needed for leadership in the Jacksonville pageant, questioning if, “can Kevin cut it,” pretending to be a previous pageant participant, claiming “Cammie has definitely stepped down to take care of their daughter,” and suggesting “I would not feel comfortable participating in this pageant,” further suggesting to potential title-seekers that with Kevin Sanders as the sole executive director, the pageant should be avoided. Herrington further states, again pretending to be a contestant, “I actually considered competing again for this title, but have decided to put forth my talents elsewhere.” Again pretending to be someone else, suggesting that the board for Miss Jacksonville “has totally quit.” Further suggesting, “I hope Kevin knows what he’s gotten himself into, filling Cammie and Jennifer’s shoes will be hard.” Also indicating “I do not believe Kevin is the one to run the pageant by himself.” Further attacking the pageant through its director, Kevin Sanders, by saying “I just fear that if Kevin is in charge, they’ll be relegated to a pageant of only five girls and that the preparation won’t be there for the contestant.” Further stating, “Without Cammie’s involvement, it is not going to fly. Give it up, Kevin. You may be an MC (emcee) … but you are NOT an ED (executive director).” Further attacking Kevin Sanders, Herrington said, “He should step aside and let someone else keep this pageant at the status it once was … simply perfect.” Further stating, “If no one supports Kevin and everyone thinks he’s kind of creepy, then he will be on his own. There’s always been something about him that has creeped me out.” Also, “There has got to be a better alternative than Kevin Sanders to run the Miss Jacksonville Pageant. Dear Lord, please somebody do something!!!!!” Further stating, “There’s got to be someone who would do a better job than Kevin Sanders at running that pageant. And to the above poster who suggested that if we contestants don’t like it then we shouldn’t enter, you are absolutely right. I for one won’t and there will be plenty of others who share my sentiments.” Further stating, referring to Kevin Sanders, “He has got you fooled. Who says he is spending his own money? The only reason he wants to keep the North Florida Scholarship Organization is for his own way of deducting his business needs off on the pageant’s expense. Ever thought of that? He is using it for his own personal gain… Something to think about.” Again, Herrington pretending to be someone else wrote, “I am not in the area any longer, but was involved with the pageant and Cammie and Jennifer had a good thing going. But Kevin was a different story, he gave me the heebie jeebies. This is not a good thing that he is the only one left. Hope this isn’t the truth cause this pageant will truly fail. No girl will feel comfortable with Kevin as their ED.” Further, referring to Kevin Sanders, calling him “crazy guy”. Further stating, “We all have special interests in the pageants where our daughter may be involved with. We are very concerned about the stability of this pageant and would like it to be left in better hands. This was a GREAT pageant and can see it going in the wrong direction. Who left Kevin Sanders in charge? I think he has brought most of this on himself without putting careful thought into these rash decisions. Very disappointed!” Additionally, writing referring to Kevin Sanders, “Was he having some kind of power trip due to the fact he lost his campaign by a landslide?” Further stating, “No one really has to work hard to undermine Kevin, just have a conversation with him, that will do.” Further stating, “Kevin the man that is bashing his wife on the website is going to have a pageant for the bright ladies of Florida. Let me sign up!! He is our role model!!” Additionally stating, referring to Kevin Sanders, “What parents would let their child be affiliated with such a person.” Further stating, “Kevin Sanders has run the Jacksonville/First Coast Pageant in the ground!! What kind of respect can you give to someone who says his wife is self-centered on a popular website, what girls want to have an ED that unstable??? They ought to ban him from the Miss America organization!! Kevin Sanders is a woman basher.” 54. The Plaintiff has been damaged by the slander and libel of Defendant Herrington to include, but not limited to: loss of the Miss Jacksonville Franchise (its sole source of income), loss of scholarship proceeds, loss of contestants, loss of donations, loss of reputation, loss of ticket sales, loss of advertisers, loss of general receipt and revenue and Plaintiff demands judgment for the same against Defendant Herrington. Wherefore the Plaintiff demands judgment against Defendant Herrington, relief consistent with the pleadings contained herein, for trial by jury and for such other and further relief as justice and equity require. COUNT SIX – INTENTIONAL INTERFERENCE WITH A KNOWN BUSINESS RELATIONSHIP (HERRINGTON) This is an action for damages in excess of $15,000.00. Plaintiff, by and through the undersigned counsel, would re-allege and incorporate herein paragraphs 1 – 54 herein and would further state: 55. Plaintiff had a franchise agreement to run the Miss America local preliminaries, “Miss Jacksonville” and “Miss First Coast” pageants, and was renewing its franchise of the “Miss Jacksonville” pageant, when Defendant Herrington individually and as an agent/business manager of Defendant Miss Florida intentionally interfered with the Plaintiff business and its Miss Jacksonville Franchise, preventing its renewal. 56. Defendant Herrington knew of the Plaintiff business relationship with Defendant Miss Florida from her former position of Co-Executive Director with the Plaintiff and from her later position of Business Manager for the Defendant Miss Florida. 57. Defendant Herrington well knew of the Plaintiff business depended upon the renewal of its franchise agreement as a Miss America Local Preliminary Pageant. 58. Defendant Herrington used her knowledge of the Plaintiff‘s business to interfere with the business relationship of Plaintiff with Defendant Miss Florida and to deprive the Plaintiff of its Miss Jacksonville Franchise for the mutual designs of Defendant Herrington and Miss Florida’s President, Mary Sullivan, and in an effort for her to independently obtain such franchise from the Plaintiff for her own benefit. 59. In an effort to gain the Miss Jacksonville franchise for herself, Defendant Herrington interfered with the Plaintiff’s business relationship with Defendant Miss Florida and sent many inflammatory, false and misleading e-mails to Defendant Miss Florida’s agent Mary Sullivan as well as other members of Defendant Miss Florida’s Board of Directors, creating a basis against renewing the Plaintiff’s franchise. 60. Due to Defendant Herrington’s interference with Plaintiff’s business relationship with Defendant Miss Florida, the Plaintiff lost its Miss Jacksonville franchise, which was its only source of scholarship income. 61. Due to the actions of Defendant Herrington interfering with the Plaintiff’s renewal of its business relationship with Defendant Miss Florida, the Plaintiff’s pageant scheduled for February 17th, 2007 was cancelled causing Plaintiff to lose costs expended in anticipation of the same, as well as the advertisements, fees, ticket sales, donations and other receipts from the same. Wherefore the Plaintiff demands a judgment against defendant Herrington for damages, relief consistent with the pleadings contained herein, for trial by jury and for such other and further relief as justice and equity require. COUNT SEVEN – INJUNCTION (FOUNDATION)This is an action for injunctive relief. Plaintiff, by and through the undersigned counsel, would re-allege and incorporate herein paragraphs 1 – 49 herein and would further state: 62. Plaintiff has shown that it has a verbal and email confirmation from Defendant Miss Florida’s agent, Mary Sullivan, that the Plaintiff’s Miss Jacksonville franchise would be renewed, and believes that with such proof which is attached to this Amended Complaint, it has a high likelihood of success. 63. Defendant Miss Florida’s failure to abide by the verbal and email agreements to renew the Plaintiff’s franchise have been compounded by the awarding of the Miss Jacksonville franchise to the Defendant Foundation which has now already put on a 2007 Miss Jacksonville local Miss America preliminary pageant and is currently seeking the Jacksonville Franchise for 2008. 64. Defendant Miss Florida in its Motion to Dismiss the Plaintiff’s Complaint certified out on February 14th, 2007 makes an admission therein that the franchise agreement between the Plaintiff and Defendant Miss Florida had been renewed and included in such Motion to Dismiss a prayer to dismiss for improper venue citing the current franchise agreement, which it failed to award to the Plaintiff at the October franchise meeting. 65. Plaintiff believes such to be an admission that Defendant, Miss Florida, actually renewed its franchise agreement but failed to formally acknowledge the same. 66. Defendant Foundation was wrongfully awarded the Miss Jacksonville Pageant for the 2006-2007 pageant season. 67. Defendant Foundation is wrongfully seeking the Miss Jacksonville Pageant for the 2007-2008 pageant season and plans to put on a pageant in December of this 2007 according to the Miss Florida web site, even though the Miss Florida Board has not officially awarded franchises. 68. Defendant Foundation has run its own franchise, Miss River City Jacksonville Pageant, for years prior to seeking the franchise of the Plaintiff, Miss Jacksonville. 69. Defendant Foundation’s agent, Ruth Sidbury, sent emails to Miss Florida seeking the Plaintiff’s franchise though Defendant Foundation had the Miss River City Pageant. 70. Defendant Foundation’s agent, Ruth Sidbury, obtained support from Defendant Miss Florida’s Board Member, Norma Storms, who additionally solicited support from the Miss Florida Board to grant the franchise to Ruth Sidbury. 71. The Plaintiff has and continues to suffer irreparable harm due to the actions of the Defendant Miss Florida not renewing the Miss Jacksonville Franchise with the Plaintiff and further by granting such to the Defendant Foundation which has taken advantage of the Plaintiff’s hard work, reputation, and good will capitalizing on the contestants, donations, fees, advertisers, general scholarship profits that otherwise would have gone to the Plaintiff. 72. Such failure to award the pageant and the production of a Miss Jacksonville Pageant without the Plaintiff, has and will continue to do irreparable harm to the Plaintiff for which there is no adequate remedy of law as the Plaintiff has already lost revenues from its 2007 Pageant and states to lose additional revenues in 2008 to the point that Plaintiff may not be able to recover. 73. Should Defendant Foundation be allowed to continue to be granted the Plaintiff’s Miss Jacksonville franchise by Defendant Miss Florida, Defendant Foundation’s executive director Ruth Sidbury will continue to make false and disparaging remarks against the Plaintiff and the Plaintiff will, has, and will continue to be irreparably harmed as the Plaintiff has no adequate remedy at law to currently prevent the same. 74. Defendant Foundation will suffer little if any harm from the injunction as it will continue to run its established franchise, Miss River City Jacksonville, and continue to be able to pay its bills unlike the Plaintiff who’s damages and harm far exceed any possible harm to the Defendant Foundation as it has no franchise and no source of income should the injunction not be granted. 75. Defendant Foundation should be enjoined from using the name Miss Jacksonville Pageant in its recruiting of contestants, ticket sales, advertisers, soliciting of donations, contacting Plaintiff’s sponsors or supporter or for any other reason relating to the Plaintiff’s Miss Jacksonville Pageant or the pageant title Miss Jacksonville and from make any further comments of remarks against Plaintiff or the Plaintiff’s Directors. The granting of such injunction would serve the public interest and in particular the interest of the young women seeking an opportunity to win a Miss America local preliminary title under the name of Miss Jacksonville. 76. Plaintiff is a 501(c)3 scholarship organization and is without sufficient funds to post a bond. Defendant Foundation will not be damaged or harmed from the granting of this injunction as it already runs the Miss River City Jacksonville Pageant and can also franchise any other title name it may desire. The damage to the Plaintiff, however, is real and extreme as the Plaintiff has not been able to put on its pageant or to participate in a Miss America local preliminary and has therefore lost all revenues that would have been generated therefrom. 77. The damages to the Plaintiff in not granting this injunctive relief far outweighs any possible harm that the granting of such would cause to any of the Defendants herein and the granting of the injunction would serve the public interest in allowing scholarship opportunities to parents and their children seeking such through the Miss America system. The Plaintiff has no other adequate remedy at law to stop its current losses and damages. Wherefore the Plaintiff demands an injunction against defendant Foundation, for relief consistent with the pleadings contained herein, and for such other and further relief as justice and equity require. COUNT EIGHT – INTENTIONAL INTERFERENCE WITH A KNOWNBUSINESS RELATIONSHIP (FOUNDATION)This is an action for damages in excess of $15,000.00. Plaintiff, by and through the undersigned counsel, would re-allege and incorporate herein paragraphs 1 – 49 and 62 - 77 herein and would further state: 78. The Plaintiff had with the Defendant Miss Florida a business relationship for holding the Miss Jacksonville franchise, a local Miss America preliminary pageant, and such was the Plaintiff’s only source of scholarship income. 79. Defendant Foundation knew of the business relationship between the Plaintiff and Defendant Miss Florida as the Defendant Foundation also had the same type of business relationship with Defendant Miss Florida putting on the Miss America local preliminary, “Miss River City Jacksonville.” 80. Defendant Foundation through its agent, Ruth Sidbury, even though it had its own Miss America preliminary pageant, sought and applied for Plaintiff’s franchise through e-mails and telephone calls to Defendant’s Mary Sullivan. 81. Further Defendant Foundation through its agent, Ruth Sidbury, sought and gained the support of Miss Florida Board member, Norma Storms, who also solicited and otherwise interfered with the business relationship of the Plaintiff with Defendant Miss Florida, on behalf of the Defendant Foundation, for the purpose of depriving the Plaintiff of the Miss Jacksonville franchise, for the gain of the Defendant Foundation. 82. According to Defendant Herrington, Defendant Foundation additionally has intentionally interfered with the Plaintiff business relationships through contact with the Plaintiff’s sponsors, advertisers, contestants, and other business supporters developed during the years Plaintiff owned and operated the Miss Jacksonville Franchise and developed through the Plaintiff’s Executive Directors. 83. Plaintiff has been monetarily damaged by the intentional actions of the Defendant Foundation through its agent Sidbury and Storms and such damage is continuing and on going to include, but not limited to, loss of sponsors, loss of contestants, loss of ticket sales, loss of advertisers, loss or program book sales, and more. Wherefore the Plaintiff demands judgment for damages against Defendant Foundation for relief consistent with the pleadings contained herein, for trial by jury and for such other and further relief as justice and equity require. COUNT NINE – LIBEL (VOYFORUMS)This is an action for damages, which exceed $15,000.00. Plaintiff, by and through the undersigned counsel, would re-allege and incorporate herein paragraphs 1-83 herein and would further state: 84. Defendant VoyForums runs a forum Internet site at http://www.voy.com/182321 with an unknown moderator soliciting and encouraging slander against persons in or associated with the Miss Florida Pageant to include the Plaintiff and Plaintiff’s Executive Directors. 85. Defendant VoyForums through its agent, the unknown moderator, sanctioned and allowed to be posted on its web site libelous remarks about the Plaintiff N.F.S.O. through personal attacks against its Executive Directors Kevin Sanders and Cammie Sanders. 86. Plaintiff complained to Defendant VoyForum about the postings, about the moderator and about the purpose of the site, in accordance with the defendant’s posted instructions, but nothing was done to resolve the libel or to prevent the libel from reoccurring and Defendant VoyForums. 87. Due to such libelous posting on the Defendant VoyForums web site, the Plaintiff business was damaged in reputation and by the wrongful termination by Defendant Miss Florida of its agreement with the Plaintiff to renew its franchise, which is the sole source of its scholarship income. 88. Further, due to such libelous posting on the Defendant VoyForums web site, the Plaintiff’s business was damaged by the wide spread viewing of such false information, making the recruiting of contestants impossible and causing the loss of fees, sponsors, advertisers, ticket sales and other income derived from the Miss Jacksonville Pageant. Wherefore the Plaintiff demands judgment for damages against Defendant VoyForums, for relief consistent with the pleadings contained herein, for trial by jury and for such other and further relief as justice and equity require. COUNT TEN – LIBEL AND SLANDER (AMAZING FORUMS)This is an action for damages, which exceed $15,000.00. Plaintiff, by and through the undersigned counsel, would re-allege and incorporate herein paragraphs 1-88 herein and would further state: 89. Defendant Amazing Forums runs a forum Internet site at http://www.amazingforums.com /forum2/ MISS FL FAN2/615.html with an unknown moderator soliciting and encouraging slander against persons in or associated with the Miss Florida Pageant to include the Plaintiff and Plaintiff’s Executive Directors. 90. Defendant Amazing Forums through its agent, the unknown moderator, sanctioned and allowed to be posted on its web site libelous remarks about the Plaintiff N.F.S.O. through personal attacks against its Executive Directors Kevin Sanders and Cammie Sanders. 91. Plaintiff complained to Defendant Amazing Forums about the postings, about the moderator and about the site, in accordance with the defendant’s instructions on the site, but nothing was done to resolve the libel or to prevent the libel from reoccurring and Defendant Amazing Forums. 92. Due to such libelous posting on the Defendant Amazing Forums web site, the Plaintiff business was damaged in reputation and by the wrongful termination by Defendant Miss Florida of its agreement with the Plaintiff to renew its franchise, which is the sole source of its scholarship income. 93. Further, due to such libelous posting on the Defendant Amazing Forums web site, the Plaintiff’s business was damaged by the wide spread viewing of such false information, making the recruiting of contestants impossible and causing the loss of fees, sponsors, advertisers, ticket sales and other income derived from the Miss Jacksonville Pageant. Wherefore the Plaintiff demands judgment for damages against Defendant Amazing Forums for relief consistent with the pleadings contained herein, for trial by jury and for such other and further relief as justice and equity require. I CERTIFY that a true copy of the foregoing has been furnished to the Attorney for Defendant/Miss Florida, David E. Block, Esquire, One Biscayne Tower, Suite 3500, Two South Biscayne Blvd., Miami, FL 33131, and to Attorney for Herrington & Jacksonville Scholarship Foundation, Inc., Tod Eikner, Esquire, 3744 Dupont Station Court South, Jacksonville, FL 32217, by U.S. Mail this 24th day of September, 2007.
KEVIN S. SANDERS, ESQUIRE 817 Willow Branch Avenue Jacksonville, Florida 32205 (904) 384-3578 Attorney for the Plaintiff N.F.S.O. Florida Bar No.: 0522996 EXHIBITS: 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 |