. 2034 IN THE SUPERIOR COURT OF GWINNETT COUNTY 0 R | GI NAL STATE OF GEORGIA DAVID GOLDFARB Gace @a A11009-2 CIVILACTION NUMBER: ae PLAINTIFF vs. DIGITAL INSURANCE LLC fik/a DIGITAL INSURANCE, IN‘ and dibfa ONEDIGTAL HEALTH AND BENEFITS DEFENDANT SUMMONS ‘TO THE ABOVE NAMED DEFENDANT: You are hereby summoned and required to file with the Cerk of said court and serve upon the Plaintiff's attorney, whose name and address is: Michael J. Ernst ‘Stokes Carmichael & Ernst LLP 2018 Powers Ferry RD, Suite 700 Atlanta, GA 30339 ‘an answer to the complaint which is herewith served upon yeu, within 30 days after service of this summons upon you, exclusive of the day of service. If you fall to do so, judgment by default willbe taken against you for the relief demanded in the complaint. rin 2B soy DEEN Bu , olf Richard T. Alexander, Jr, Clerk of Superior Court INSTRUCTIONS: Attach addendum sheet for additional parties if needed, make notation on ths sheet if addendum sheet is used. SC-1 Rey, 20114 + © ORIGINAL SUPERIOR COURT OF GWINNETT COUNTY STATE OF GEORGIA DAVID GOLDFARB, § 8 4 = Plaintiff, $ #8 A1i009-2 § Civil Action No. v § § DIGITAL INSURANCE LLC, fk/a 5 DIGITAL INSURANCE, INC,, and d/b/a § 2 ONEDIGITAL HEALTH AND BENEFITS, § £ § 8 Defendant. § E = PLAINT COMPLAINT E Be ae Plaintiff David Goldfarb (“Goldfarb cr “Plaintiff’) files Plaintiff's Origiftal Gnpht (the “Complaint") against Defendant Digital Insurance LLC, fk/a Digital Insurance, Inc., and b/a OneDigital Health and Benefits (“OneDigital” or “Defendant”). I. THE PARTIES 1, Plaintiff David Goldfarb is a Texas resident, who lives in Dallas, Texas and works at OneDigital’s office in Richardson, Texas. 2. Defendant was founded in 2000 under the name Digital Insurance, Inc, as a Delaware corporation registered to do business in Georgia with its principal place of business 200 Galleria Parkway, Suite 1950, Atlanta, Georgia 30339. On May 17, 2017, Digital Insurance, Ine. filed a certificate of withdrawal with the Georgia Secretary of State, ‘The seme day, Digital Insurance LLC was registered to do business in Georgia at the same address. Upon information and belief, Digital Insurance, Inc. was succeeded by Digital Insurance, LLC, a Delaware limited liability company registered to do business in Georgia, which now does business under the trade PLAINTINE® ORIGINAL COMPLAINT Facetao qe name OneDigital Health and Benefits. Defencant may be served through its registered agent CT Corporation System, 289 S, Culver Street, Lawrenceville, Georgia 30046, Il, JURISDICTION AND VENUE 3. This court has jurisdiction over this action because the claims and causes of action arise out of an agreement that is governed by Georgia law and provides that the courts in the State of Georgia shall have exclusive jurisdiction over any disputes arising under the agreement. Additionally, Defendant maintains its registered agent and office in Gwinnett County, Georgia. Moreover, Defendant transacts business in this state including, upon information and belief, in Gwinnett County, Georgia. 4, Venue is proper in this Court because Defendant maintains its registered agent and office in Gwinnett County, Georgia. II. FACTUAL BACKGROUND 5. Goldfarb has 17 years of experience as an insurance agent and broker. In September 2004, Goldfarb founded DSG Benefits Group, LLC (“DSG") in Dallas, Texas and ‘operated that business successfully until 2012. 6. OneDigital has been in the insurance agency and brokerage business since 2000, and has grown significantly during that time, 7. In 2011, OneDigital approached Goldfarb regarding a potential acquisition of DSG. At the time, OneDigital had been pursuing a number of acquisition targets similar to DSG and was aggressively growing its national footprint. To assist in that effort, OneDigital was actively contemplating a restructuring and/or recapitalization involving Fidelity National Financial (“Fidelity”). PLAINTIFFS’ ORIGINAL COMPLAINT Pace