IN THE CIRCUIT COURT OF JASPER COUNTY, MISSOURI CIRCUIT DIVISION AT JOPLIN CITY OF JOPLIN, MISSOURI, Plaintiff, v. Case No. WLD SUAREZ, LLC, PRO BASEBALL MANAGEMENT, LLC, CHARTER SPORTS, LLC, JOPLIN BLASTERS, LLC, OSCAR SUAREZ, GABRIEL SUAREZ, and SHAWN SUAREZ Serve at: Registered Agent Cyndy Jackson 1507 Lampman Ct. Cheyenne, WY 82007 Registered Agent Cyndy Jackson 1507 Lampman Ct. Cheyenne, WY 82007 Registered Agent Anthony Panasuk 768 Fairplay Ct. Aurora, CO 80012 Registered Agent Gabriel Oscar Suarez 407 South Pennsylvania Ave Joplin, MO 64801 Oscar Suarez 1776 N. Scottsdale Rd. #442 Scottsdale, AZ 85257 Gabriel Suarez 1776 N. Scottsdale Rd. #442 Scottsdale, AZ 85257 Shawn Suarez 1776 N. Scottsdale Rd. #442 16AO-CC00225 1
Scottsdale, AZ 85257 Defendants. PETITION COMES NOW the City of Joplin, by and through its attorney of record, Jordan L. Paul, and for its Petition states: ALLEGATIONS COMMON TO ALL COUNTS Jurisdiction and Venue 1. That the Court has subject matter jurisdiction pursuant to Mo. Const. Art. V. 14. 2. That the Court has personal jurisdiction over all parties pursuant to RSMo. 506.500.1(1, (2, (3, and (4. 3. That the Court is an appropriate venue pursuant to RSMo. 508.010.4, and by agreement of the parties pursuant to Section 21 of the WLD lease agreement, Section 21 of the Pro Baseball lease agreement, Section 17 of the parking agreement, and Section 25 of the Blasters lease agreement, attached hereto as Exhibits 1, 2, 3, and 4. Parties 4. That the City of Joplin ( Joplin is a Missouri municipal corporation with its principal place of business located at 602 S. Main St., Joplin, Jasper County, Missouri. 5. That WLD Suarez, LLC ( WLD is a Wyoming Limited Liability Company with its principal places of business located in Phoenix, Maricopa County, Arizona. 6. That Pro Baseball Management, LLC ( Pro Baseball is a Wyoming Limited Liability Company with its principal place of business located in Phoenix, Maricopa County, Arizona. 7. That Charter Sports, LLC ( Charter is a Colorado Limited Liability Company with its principal place of business located in Aurora, Arapahoe County, Colorado. 2
8. That the Joplin Blasters, LLC ( Blasters is a Missouri Limited Liability Company with its principal place of business located in Jasper County, Missouri. 9. That Oscar Suarez is a resident of the State of Missouri with his principal place of residence located at 2530 S. Iowa Ave., Jasper County, Missouri. 10. That Gabriel Suarez is a resident of the State of Arizona with his principal place of residence located in Scottsdale, Maricopa County, Arizona. 11. That Shawn Suarez is a resident of the State of Arizona with his principal place of residence located in Scottsdale, Maricopa County, Arizona 12. That, upon information and belief, Oscar, Gabriel, and/or Shawn Suarez are and were at all times referenced herein the sole member(s of WLD Suarez, LLC. 13. That, upon information and belief, Oscar, Gabriel and/or Shawn Suarez are and were at all times referenced herein the sole member(s of Pro Baseball Management, LLC. 14. That, upon information and belief, Oscar, Gabriel and/or Shawn Suarez are and were at all times referenced herein the sole member(s of Charter Sports, LLC. 15. That, upon information and belief, Oscar, Gabriel, and/or Shawn Suarez are and were at all times referenced herein the sole member(s of the Joplin Blasters, LLC. The WLD Lease Agreement 16. That on January 21, 2014, WLD and Joplin entered into a twenty (20 year lease agreement for the lease of the land and improvements known as Joe Becker Baseball Stadium from May 1 to September 10 of each year ( WLD lease agreement, attached hereto as Exhibit 1. 17. That, pursuant to the WLD lease agreement, Joplin agreed to lease to WLD the land and improvements known as Joe Becker Baseball Stadium. 3
18. That, pursuant to the WLD lease agreement, WLD agreed that it would pay annual rent in the sum of One Hundred Fifty Thousand Dollars ($150,000.00 per year, payable in quarterly installments of Thirty Seven Thousand Five Hundred Dollars ($37,500.00 due on the first day of each quarter for the calendar year, for a total of Three Million Dollars ($3,000,000.00 over a twenty (20 year term. 19. That, in reliance on the representations made by Defendants, Joplin expended Four Million Seven Hundred Twenty Three Thousand Seven Hundred Four Dollars ($4,723,704.00 on Joe Becker Baseball Stadium. 20. That WLD has never made a lease payment. The Pro Baseball Lease Agreement 21. That on May 5, 2014, Pro Baseball and Joplin entered into a twenty (20 year lease agreement for the lease of the land and improvements known as Joe Becker Baseball Stadium from May 1 to September 10 of each year ( Pro Baseball lease agreement, attached hereto as Exhibit 2. 22. That, pursuant to the Pro Baseball lease agreement, Joplin agreed to lease to Pro Baseball the land and improvements known as Joe Becker Baseball Stadium. 23. That, pursuant to the Pro Baseball lease agreement, Pro Baseball agreed that it would pay annual rent in the sum of One Hundred Fifty Thousand Dollars ($150,000.00 per year, payable in quarterly installments of Thirty Seven Thousand Five Hundred Dollars ($37,500.00 due on the first day of each quarter for the calendar year, for a total of Three Million Dollars ($3,000,000.00 over a twenty (20 year term. 24. That, in reliance on the representations made by Defendants, Joplin expended Four Million Seven Hundred Twenty Three Thousand Seven Hundred Four Dollars 4
($4,723,704.00 on Joe Becker Baseball Stadium. 25. That Pro Baseball has not made a lease payment since July 1, 2015. The Parking Agreement 26. That on August 18, 2014, Charter and Joplin entered into an Agreement for Construction of Parking Improvements For Joe Becker Stadium and Nearby Areas ( parking agreement, attached hereto as Exhibit 3. 27. That, pursuant to the parking agreement, Joplin agreed to make improvements to the City-owned lots and Charter lots that will include grading and chipping and sealing the lots suitable for parking purposes. 28. That, pursuant to the parking agreement, Charter agreed that it would indemnify Joplin from and against any loss, cost, claim, damage, liability, and expense (including reasonable attorneys fees and costs resulting, directly or indirectly, from the operation of its baseball franchise at the Stadium and its obligations under the parking agreement. The Blasters Lease Agreement 29. That on January 14, 2016, the Blasters and Joplin entered into an amended five (5 year lease agreement for the lease of the land and improvements known as Joe Becker Baseball Stadium from May 1 to September 30 of each year ( Blasters lease agreement, attached hereto as Exhibit 4. 30. That, pursuant to the Blasters lease agreement, Joplin agreed to lease to Blasters the land and improvements known as Joe Becker Baseball Stadium. 31. That, pursuant to the lease agreement, Blasters agreed that it would pay annual rent in the sum of Seventy Five Thousand Dollars ($75,000.00 per year, payable: $15,000.00 on May 1 st, $15,000.00 on June 1 st, $15,000.00 on July 1 st, $15,000.00 on August 1 st, and 5
$15,000.00 on September 1 st of each year, for a total of Three Hundred Seventy Five Thousand Dollars ($375,000.00 over a five (5 year term. 25. That Blasters has not made a lease payment since August 2, 2016. COUNT I BREACH OF CONTRACT As to WLD Suarez, LLC 26. That Plaintiff incorporates by reference each and every allegation contained in paragraphs 1 through 25 as though fully set forth herein. 27. That Joplin and WLD have a contract, the terms of which are described in the WLD lease agreement, attached hereto as Exhibit 1. 28. That Joplin performed its obligations under the terms of the contract by leasing to WLD the land and improvements known as Joe Becker Baseball Stadium. 29. That WLD failed to perform its obligations under the contract by failing to pay annual rent in the sum of One Hundred Fifty Thousand Dollars ($150,000.00 per year, payable in quarterly installments of Thirty Seven Thousand Five Hundred Dollars ($37,500.00 due on the first day of each quarter for the calendar year, for a total of Three Million Dollars ($3,000,000.00 over a twenty (20 year term. Specifically, WLD has never made a lease payment. 30. That Joplin has been damaged as a result of WLD s breach of contract, namely, it has lost Three Million Dollars ($3,000,000.00 in lease payments over the remaining term of the lease agreement. WHEREFORE, Plaintiff City of Joplin prays under Count I for judgment against Defendant WLD Suarez, LLC in an amount in excess of Three Million Dollars ($3,000,000.00; for prejudgment and postjudgment interest; for attorney s fees and costs; and for such other relief as the Court deems just and proper. COUNT II FRAUD 6
As to WLD Suarez, LLC 31. That Plaintiff incorporates by reference each and every allegation contained in paragraphs 1 through 30 as though fully set forth herein. 32. That WLD represented to Joplin that it would pay annual rent in the sum of One Hundred Fifty Thousand Dollars ($150,000.00 per year, payable in quarterly installments of Thirty Seven Thousand Five Hundred Dollars ($37,500.00 due on the first day of each quarter for the calendar year, for a total of Three Million Dollars ($3,000,000.00 for a term of at least twenty (20 years ( the representation. 33. That WLD s representation was false. 34. That WLD s representation was material. 35. That WLD knew that its material representation was false. 36. That WLD intended that Joplin should act on its false, material representation. 37. That Joplin did not know that WLD s material representation was false. 38. That Joplin relied on WLD s material representation being true. Specifically, Joplin expended Joplin expended Four Million Seven Hundred Twenty Three Thousand Seven Hundred Four Dollars ($4,723,704.00 on Joe Becker Baseball Stadium. 39. That Joplin had a right to rely on WLD s material representation being true. 40. That WLD s false, material representation proximately caused injury to Joplin, namely the loss of Four Million Seven Hundred Twenty Three Thousand Seven Hundred Four Dollars ($4,723,704.00 expended on Joe Becker Stadium. WHEREFORE, Plaintiff City of Joplin prays under Count II for judgment against Defendant WLD Suarez, LLC an amount in excess of Four Million Seven Hundred Twenty Three Thousand Seven Hundred Four Dollars ($4,723,704.00; for punitive damages in an amount 7
sufficient to deter Defendant and other similarly-situated individuals from engaging in like conduct; for prejudgment and postjudgment interest; for attorney s fees and costs; and for such other relief as the Court deems just and proper. COUNT III BREACH OF CONTRACT As to Pro Baseball Management, LLC 41. That Plaintiff incorporates by reference each and every allegation contained in paragraphs 1 through 40 as though fully set forth herein. 42. That Joplin and Pro Baseball have a contract, the terms of which are described in the Pro Baseball lease agreement, attached hereto as Exhibit 2. 43. That Joplin performed its obligations under the terms of the contract by leasing to Pro Baseball the land and improvements known as Joe Becker Baseball Stadium. 44. That Pro Baseball failed to perform its obligations under the contract by failing to pay annual rent in the sum of One Hundred Fifty Thousand Dollars ($150,000.00 per year, payable in quarterly installments of Thirty Seven Thousand Five Hundred Dollars ($37,500.00 due on the first day of each quarter for the calendar year, for a total of Three Million Dollars ($3,000,000.00 over a twenty (20 year term. Specifically, Pro Baseball has not made a lease payment since July 1, 2015. 45. That Joplin has been damaged as a result of Pro Baseball s breach of contract, namely, it has lost Two Million Nine Hundred Twenty Five Thousand Dollars ($2,925,000.00 in lease payments over the remaining term of the lease agreement. WHEREFORE, Plaintiff City of Joplin prays under Count III for judgment against Defendant Pro Baseball Management, LLC in an amount in excess of Two Million Nine Hundred Twenty Five Thousand Dollars ($2,925,000.00; for prejudgment and postjudgment interest; for attorney s fees and costs; and for such other relief as the Court deems just and proper. 8
COUNT IV FRAUD As to Pro Baseball Management, LLC 46. That Plaintiff incorporates by reference each and every allegation contained in paragraphs 1 through 45 as though fully set forth herein. 47. That Pro Baseball represented to Joplin that it would pay annual rent in the sum of One Hundred Fifty Thousand Dollars ($150,000.00 per year, payable in quarterly installments of Thirty Seven Thousand Five Hundred Dollars ($37,500.00 due on the first day of each quarter for the calendar year, for a total of Three Million Dollars ($3,000,000.00 for a term of at least twenty (20 years ( the representation. 48. That Pro Baseball s representation was false. 49. That Pro Baseball s representation was material. 50. That Pro Baseball knew that its material representation was false. 51. That Pro Baseball intended that Joplin should act on its false, material representation. 52. That Joplin did not know that Pro Baseball s material representation was false. 53. That Joplin relied on Pro Baseball s material representation being true. Specifically, Joplin expended Joplin expended Four Million Seven Hundred Twenty Three Thousand Seven Hundred Four Dollars ($4,723,704.00 on Joe Becker Baseball Stadium. 54. That Joplin had a right to rely on Pro Baseball s material representation being true. 55. That Pro Baseball s false, material representation proximately caused injury to Joplin, namely the loss of Four Million Seven Hundred Twenty Three Thousand Seven Hundred Four Dollars ($4,723,704.00 expended on Joe Becker Stadium. WHEREFORE, Plaintiff City of Joplin prays under Count II for judgment against Defendant Pro Baseball Management, LLC an amount in excess of Four Million Seven Hundred 9
Twenty Three Thousand Seven Hundred Four Dollars ($4,723,704.00; for punitive damages in an amount sufficient to deter Defendant and other similarly-situated individuals from engaging in like conduct; for prejudgment and postjudgment interest; for attorney s fees and costs; and for such other relief as the Court deems just and proper. COUNT V BREACH OF CONTRACT As to Charter Sports, LLC 56. That Plaintiff incorporates by reference each and every allegation contained in paragraphs 1 through 55 as though fully set forth herein. 57. That Joplin and Charter have a contract, the terms of which are described in the parking agreement, attached hereto as Exhibit 3. 58. That Joplin performed its obligations under the terms of the contract by making improvements to the City-owned lots and Charter lots that included grading and chipping and sealing the lots suitable for parking purposes. 59. That Charter failed to perform its obligations under the terms of the contract by failing to indemnify Joplin from its loss, cost, claim, damage, liability, or expense (including reasonable attorneys fees and costs of at least Four Million Seven Hundred Twenty Three Thousand Seven Hundred Four Dollars ($4,723,704.00 relating to WLD Suarez, LLC; at least Four Million Seven Hundred Twenty Three Thousand Seven Hundred Four Dollars ($4,723,704.00 relating to Pro Baseball Management, LLC; and at least Three Hundred Fifteen Thousand Dollars ($315,000.00 relating to Joplin Blasters, LLC, resulting, directly or indirectly, from the operation of its baseball franchise at the Stadium and its obligations under the parking agreement. 60. That Joplin has been damaged as a result of Charters breach of contract, namely, it has not been indemnified in the amount of at least Four Million Seven Hundred Twenty Three 10
Thousand Seven Hundred Four Dollars ($4,723,704.00 relating to WLD Suarez, LLC; in the amount of at least Four Million Seven Hundred Twenty Three Thousand Seven Hundred Four Dollars ($4,723,704.00 relating to Pro Baseball Management, LLC; and at least Three Hundred Fifteen Thousand Dollars ($315,000.00 relating to Joplin Blasters, LLC. WHEREFORE, Plaintiff City of Joplin prays under Count V for judgment against Defendant Charter Sports, LLC in an amount coextensive to any liability of Defendants WLD Suarez, LLC, Pro Baseball Management, LLC, Charter Sports, LLC, and Joplin Blasters, LLC; for prejudgment and postjudgment interest; for attorney s fees and costs; and for such other relief as the Court deems just and proper. COUNT VI TEMPORARY RESTRAINING ORDER & PRELIMINARY INJUNCTION PURSUANT TO RSMO. CHAPTER 526 & RULE 92.02 As to Charter Sports, LLC 61. That Plaintiff incorporates by reference each and every allegation contained in paragraphs 1 through 60 as though fully set forth herein. 62. That Joplin and Charter have a contract, the terms of which are described in the parking agreement, attached hereto as Exhibit 3. 63. That the agreement described in paragraph 62 herein includes provisions regarding certain property owned by Charter near Joe Becker Baseball Stadium, highlighted in blue on the map attached hereto as Exhibit 5. 64. That the agreement described in paragraph 62 provides that Joplin and Charter will co-develop the property highlighted in blue and red on Exhibit 5 in order to construct and maintain parking lots to serve Joe Becker Baseball Stadium. 65. That, upon information and belief, Joplin believes that Charter intends to fence in and sod over certain property owned by Charter near Joe Becker Baseball Stadium. 11
66. That Charter s conduct would constitute a breach of the contract described in paragraph 62 herein, which provides that the property be used for parking lots to serve Joe Becker Baseball Stadium. 67. That Joplin will experience immediate and irreparable injury, loss, or damage in the absence of relief. 68. That Joplin has no adequate remedy at law. 69. That Joplin requests an injunction enjoining Charter and all other parties to this action, their officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise, from altering in any way the parking space referenced in Exhibit 5. WHEREFORE, Plaintiff City of Joplin prays under Count VI for a temporary restraining order and preliminary injunction enjoining Defendant Charter Sports, LLC from altering in any way the parking space referenced in Exhibit 5; and for such further and other relief as the Court deems just and proper. COUNT VII BREACH OF CONTRACT As to Joplin Blasters, LLC 70. That Plaintiff incorporates by reference each and every allegation contained in paragraphs 1 through 69 as though fully set forth herein. 71. That Joplin and Blasters have a contract, the terms of which are described in the Blasters lease agreement, attached hereto as Exhibit 4. 72. That Joplin performed its obligations under the terms of the contract by leasing to the Blasters the land and improvements known as Joe Becker Base Baseball Stadium for the purpose of playing baseball, baseball practice, promotional events and ticket and merchandise sales. 12
73. That Blasters failed to perform its obligations under the terms of the contract by failing to pay annual rent in the sum of Seventy Five Thousand Dollars ($75,000.00 per year, payable: $15,000.00 on May 1 st, $15,000.00 on June 1 st, $15,000.00 on July 1 st, $15,000.00 on August 1 st, and $15,000.00 on September 1 st of each year, for a total of Three Hundred Seventy Five Thousand Dollars ($375,000.00 over a five-year term. 74. That Joplin has been damaged as a result of Blasters breach of contract, namely, it has lost $315,000.00 in lease payments. WHEREFORE, Plaintiff City of Joplin prays under Count VII for judgment against Defendant Joplin Blasters, LLC in an amount in excess of Three Hundred Fifteen Thousand Dollars ($315,000.00; for prejudgment and postjudgment interest; for attorney s fees and costs; and for such other relief as the Court deems just and proper. COUNT VIII PIERCING THE CORPORATE VEIL As to Oscar Suarez 75. That Plaintiff incorporates by reference each and every allegation contained in paragraphs 1 through 74 as though fully set forth herein. 76. That WLD Suarez, LLC ( WLD is a Wyoming Limited Liability Company with its principal places of business located in Phoenix, Maricopa County, Arizona. 77. That Pro Baseball Management, LLC ( Pro Baseball is a Wyoming Limited Liability Company with its principal place of business located in Phoenix, Maricopa County, Arizona. 78. That Charter Sports, LLC ( Charter is a Colorado Limited Liability Company with its principal place of business located in Aurora, Arapahoe County, Colorado. 79. That the Joplin Blasters, LLC ( Blasters is a Missouri Limited Liability Company authorized to do business in the State of Missouri with its principal place of business located in 13
Jasper County, Missouri. 80. That Oscar Suarez is and was at all times referenced herein the sole member of WLD, Pro Baseball, Charter, and Blasters. Oscar Suarez exercised complete domination, not only of finances, but of policy and business practice in respect to the transactions with Joplin so that WLD, Pro Baseball, Charter, and Blasters as to these transactions had at the time no separate mind, will, or existence of their own. 81. That this control was used by Oscar Suarez to commit fraud or wrong, to perpetrate the violation of a statutory or other positive legal duty, or dishonest and unjust act in contravention of Joplin's legal rights in that he: a. Intentionally failed to invest sufficient assets in WLD, Pro Baseball, Charter, and Blasters to meet their foreseeable financial obligations; b. Refused to invest sufficient funds into WLD, Pro Baseball, Charter, and Blasters so that they could meet their future financial obligations; c. Withdrew assets from WLD, Pro Baseball, Charter, and Blasters so that they had no assets to meet their future financial obligations; and d. Transferred assets from WLD, Pro Baseball, Charter, and Blasters with the intent to hinder, delay, and defraud their creditors. 82. That WLD, Pro Baseball, Charter, and Blasters have defaulted on their obligations under the WLD lease agreement, Pro Baseball lease agreement, parking agreement, and Blasters lease agreement, respectively, and there are no corporate assets with which to pay any obligations under these agreements. 83. That as a result of Oscar Suarez s control and manipulation of WLD, Pro Baseball, Charter, and Blasters, Joplin has suffered damages, specifically, Five Million Thirty Eight 14
Thousand Seven Hundred Four Dollars ($5,038,704.00 in the form of Four Million Seven Hundred Twenty Three Thousand Seven Hundred Four Dollars ($4,723,704.00 expended on Joe Becker Stadium in reliance on the false, material representations of WLD and/or Pro Baseball, and Three Hundred Fifteen Thousand Dollars ($315,000.00 in lease payments per the terms of the Blasters lease agreement. 84. That, accordingly, WLD, Pro Baseball, Charter, and Blasters legal forms should be disregarded to the extent that it would limit the liability of Oscar Suarez for the illegal, fraudulent, and unjust acts committed. WHEREFORE, Plaintiff City of Joplin prays under Count VIII for judgment against Defendant Oscar Suarez, individually, in an amount coextensive to any liability of Defendants WLD Suarez, LLC, Pro Baseball Management, LLC, Charter Sports, LLC, and Joplin Blasters, LLC; for attorney s fees and costs, and for such other relief as the Court deems just and proper. COUNT XI PIERCING THE CORPORATE VEIL As to Gabriel Suarez 85. That Plaintiff incorporates by reference each and every allegation contained in paragraphs 1 through 84 as though fully set forth herein. 86. That WLD Suarez, LLC ( WLD is a Wyoming Limited Liability Company with its principal places of business located in Phoenix, Maricopa County, Arizona. 87. That Pro Baseball Management, LLC ( Pro Baseball is a Wyoming Limited Liability Company with its principal place of business located in Phoenix, Maricopa County, Arizona. 88. That Charter Sports, LLC ( Charter is a Colorado Limited Liability Company with its principal place of business located in Aurora, Arapahoe County, Colorado. 89. That the Joplin Blasters, LLC ( Blasters is a Missouri Limited Liability Company 15
authorized to do business in the State of Missouri with its principal place of business located in Jasper County, Missouri. 90. That Gabriel Suarez is and was at all times referenced herein the sole member of WLD, Pro Baseball, Charter, and Blasters. Gabriel Suarez exercised complete domination, not only of finances, but of policy and business practice in respect to the transactions with Joplin so that WLD, Pro Baseball, Charter, and Blasters as to these transactions had at the time no separate mind, will, or existence of their own. 91. That this control was used by Gabriel Suarez to commit fraud or wrong, to perpetrate the violation of a statutory or other positive legal duty, or dishonest and unjust act in contravention of Joplin's legal rights in that he: a. Intentionally failed to invest sufficient assets in WLD, Pro Baseball, Charter, and Blasters to meet their foreseeable financial obligations; b. Refused to invest sufficient funds into WLD, Pro Baseball, Charter, and Blasters so that they could meet their future financial obligations; c. Withdrew assets from WLD, Pro Baseball, Charter, and Blasters so that they had no assets to meet their future financial obligations; and d. Transferred assets from WLD, Pro Baseball, Charter, and Blasters with the intent to hinder, delay, and defraud their creditors. 92. That WLD, Pro Baseball, Charter, and Blasters have defaulted on their obligations under the WLD lease agreement, Pro Baseball lease agreement, parking agreement, and Blasters lease agreement, respectively, and there are no corporate assets with which to pay any obligations under these agreements. 93. That as a result of Gabriel Suarez s control and manipulation of WLD, Pro 16
Baseball, Charter, and Blasters, Joplin has suffered damages, specifically, Five Million Thirty Eight Thousand Seven Hundred Four Dollars ($5,038,704.00 in the form of Four Million Seven Hundred Twenty Three Thousand Seven Hundred Four Dollars ($4,723,704.00 expended on Joe Becker Stadium in reliance on the false, material representations of WLD and/or Pro Baseball, and Three Hundred Fifteen Thousand Dollars ($315,000.00 in lease payments per the terms of the Blasters lease agreement. 94. That, accordingly, WLD, Pro Baseball, Charter, and Blasters legal forms should be disregarded to the extent that it would limit the liability of Oscar Suarez for the illegal, fraudulent, and unjust acts committed. WHEREFORE, Plaintiff City of Joplin prays under Count XI for judgment against Defendant Gabriel Suarez, individually, in an amount coextensive to any liability of Defendants WLD Suarez, LLC, Pro Baseball Management, LLC, Charter Sports, LLC, and Joplin Blasters, LLC; for attorney s fees and costs, and for such other relief as the Court deems just and proper. COUNT X PIERCING THE CORPORATE VEIL As to Shawn Suarez 95. That Plaintiff incorporates by reference each and every allegation contained in paragraphs 1 through 94 as though fully set forth herein. 96. That WLD Suarez, LLC ( WLD is a Wyoming Limited Liability Company with its principal places of business located in Phoenix, Maricopa County, Arizona. 97. That Pro Baseball Management, LLC ( Pro Baseball is a Wyoming Limited Liability Company with its principal place of business located in Phoenix, Maricopa County, Arizona. 98. That Charter Sports, LLC ( Charter is a Colorado Limited Liability Company with its principal place of business located in Aurora, Arapahoe County, Colorado. 17
99. That the Joplin Blasters, LLC ( Blasters is a Missouri Limited Liability Company authorized to do business in the State of Missouri with its principal place of business located in Jasper County, Missouri. 100. That Shawn Suarez is and was at all times referenced herein the sole member of WLD, Pro Baseball, Charter, and Blasters. Shawn Suarez exercised complete domination, not only of finances, but of policy and business practice in respect to the transactions with Joplin so that WLD, Pro Baseball, Charter, and Blasters as to these transactions had at the time no separate mind, will, or existence of their own. 101. That this control was used by Shawn Suarez to commit fraud or wrong, to perpetrate the violation of a statutory or other positive legal duty, or dishonest and unjust act in contravention of Joplin's legal rights in that he: a. Intentionally failed to invest sufficient assets in WLD, Pro Baseball, Charter, and Blasters to meet their foreseeable financial obligations; b. Refused to invest sufficient funds into WLD, Pro Baseball, Charter, and Blasters so that they could meet their future financial obligations; c. Withdrew assets from WLD, Pro Baseball, Charter, and Blasters so that they had no assets to meet their future financial obligations; and d. Transferred assets from WLD, Pro Baseball, Charter, and Blasters with the intent to hinder, delay, and defraud their creditors. 102. That WLD, Pro Baseball, Charter, and Blasters have defaulted on their obligations under the WLD lease agreement, Pro Baseball lease agreement, parking agreement, and Blasters lease agreement, respectively, and there are no corporate assets with which to pay any obligations under these agreements. 18
103. That as a result of Shawn Suarez s control and manipulation of WLD, Pro Baseball, Charter, and Blasters, Joplin has suffered damages, specifically, Five Million Thirty Eight Thousand Seven Hundred Four Dollars ($5,038,704.00 in the form of Four Million Seven Hundred Twenty Three Thousand Seven Hundred Four Dollars ($4,723,704.00 expended on Joe Becker Stadium in reliance on the false, material representations of WLD and/or Pro Baseball, and Three Hundred Fifteen Thousand Dollars ($315,000.00 in lease payments per the terms of the Blasters lease agreement. 104. That, accordingly, WLD, Pro Baseball, Charter, and Blasters legal forms should be disregarded to the extent that it would limit the liability of Shawn Suarez for the illegal, fraudulent, and unjust acts committed. WHEREFORE, Plaintiff City of Joplin prays under Count X for judgment against Defendant Shawn Suarez, individually, in an amount coextensive to any liability of Defendants WLD Suarez, LLC, Pro Baseball Management, LLC, Charter Sports, LLC, and Joplin Blasters, LLC; for attorney s fees and costs, and for such other relief as the Court deems just and proper. Respectfully submitted, /s/ Jordan L. Paul Jordan L. Paul MoBar# 66137 Assistant City Attorney City of Joplin 602 S. Main Street Joplin, MO 64801 (417 624-0820 X227 (417 625-4713 (fax JPaul@JoplinMo.org ATTORNEY FOR PLAINTIFF CITY OF JOPLIN 19