Case 2:09-cv-01149-RLH-GWF Document 1 Filed 06/25/09 Page 13 of 72

ORIGINAL
1 SUM
Thomas O. Ryan
2 Nevada Bar No. 9.378
Lisa Wong Lackland
3 Nevada Bar No. 9934
Lewis and Roca LLP
4 3993 Howard Hughes Parkway
Suite 600 .
5 Las Vegas, Nevada 89169
(702) 949-8200
6
Attorneys for Plaintiff SJB Investments, LLC
7
DISTRICT COURT
8
CLARK COUNTY, NEVADA
9
10 SJB INVESTMENTS, LLC, a Nevada limited ) CaseN0-!J,,07-591 205 ,.-
liability company, )
11 ) Dept.No. ~
Plaintiff, )
12 )
VS. ~
13
GERMAINE TOJvILINSON INSURANCE ) SUMMONS
14 TRUSTt DATED JANUARY.: 26, 2006, It )
Delaware Trust; m CARLSON (aka Jason C. )
15 Bolt), individually and as Trustee of the )
Germaine Tomlinson Insurance Trust; THE JB }
16 CARLSON CORPORATION, an Indiana )
corporation 'flea The Carlson Corporation; and )
17 the CARLSON MEDIA GROUP, INC., a )
Delaware corporation, )
18 )
Defendants. )
19
TO; CARLSON MEDIA GROUP, INC.
20
NOTICE! yOU HAVE BEEN SUED. THE COURT MAY DECIDE AGAINST YOU
21 WITHOUT YOUR BEING HEARD UNLESS YOU RESPOND WITHIN 20 DAYS. READ
THE INFORMATION BELOW.
22
TO THE DEFENDANT: A COMPLAINT has been filed by the plaintiff against you for the relief
23 set forth in the COMPLAINT.
24 1. If you intend to defend this lawsuit, within 20 days after this Summons is served
25 upon you,exclusive of the day of service, you mustdo the following:

26 a. File with the Clerk of this Court. whose address is shown below, a formel
writtenresponse to the Complaint in accordance with the rules of the Court,
27 with the appropriate filing fee.
28

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 Case 2:09-cv-01149-RLH-GWF Document 1 Filed 06/25/09 Page 14 of 72

1 b. Serve a copy of your response upon the attorney whose name and address is
shown below.
2

3 2. Unless you respond, your default will be entered upon application of the Plaintiff
and this Court may enter a judgment against you for the relief demanded in the Complaint, which
4 could result in the taking of money or property or other relief requested in the Complaint.

5 3. If you intend to seek the advice of an attorney·in this matter. you should do so
promptly so that your response may be filed on time.
6

1 4. The State of Nevada its political subdivisions, agencies, officers, employees, board
members, commission members and legislators, each have 45 days after service of this Summons
8 within which to file an Answer or other responsive pleading to the Co . t.

9
10
11
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Submitted by:
13
LEWIS AND ROCA LLP
14
15
16 BY~R~
NevadaBar No. 9378
17 L-isaWong Lackland
'Nevada Bar No. 9934
18 3993 Howard Hughes Parkway, Suite 600
Las Vegas, Nevada 89169
19 Attorneys for Plaintiff
20
21
22
23
24
25
26

27
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9l~~I&'arbraY
:"'V~NI.'YCKlI"I" -2- ofI4l)1$.1
Case 2:09-cv-01149-RLH-GWF Document 1 Filed 06/25/09 Page 15 of 72

EXHIBITB
 Case 2:09-cv-01149-RLH-GWF Document 1 Filed 06/25/09 Page 16 of 72

1 COMP
Thomas G. Ryan.
2 Nevada Bar No. 9378
Lisa Wong Lackland
3 Nevada Bar No. 9934
Lewis and Roca lLP
HAl2? 4 l&~ rM lit
4
5
3993 Howard Hughes Parkway
Suite600 .
Las Vegas, Nevada 89169
(702) 949-8200
U~
elEBK OF THe COURT
6 1

Attorneys for Plilintiff S.JB Investments. LLC

7
DISTRICI' COURT
8
CLARK COUNTY, NEVADA
9
10 SJB INVESTMENTS, LLC, aNevada
liability company,
limited )
)
Case No. }+-OCr/ 591 20 5 --C..
'11
Plaintiff,
)
~
Dep~NO. I X.
12
vs.
13 ~
GER.MAnm TOMLINSON INSURANCE ) COMPLAINT
14 TRUST, DATED 1ANUARY 26,2006, a )
Delaware Trust; 1B CARLSON (aka Jason C. )
15 Bolt), individually and as Trustee of the )
Germaine Tomlinson Insurance Trust; TIlE 18 )
16 CARLSON CORPORATION,. an Indiana )
corporation :fkaThe Carlson Corporation; and )
17 . the CARLSON MEDIA GROUP, INC •• a )
Delaware corporation, )
18 )
Defendants. )
19
20 PlalntiffSm Investments, LLC ("SJB',) alleges:

21 Nature of Adion

22 1. This is an action seeking monetary damages against defendants based OD their

23 failure to make payment as called for under a promissory note.

24 ThePartles
25 2. sra is and was at all'relevant times a.Nevada limited liability company with its

26' principal place of business in Clarlc County, Nevada..

27
28

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Case 2:09-cv-01149-RLH-GWF Document 1 Filed 06/25/09 Page 17 of 72

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3. On information and belief defendant Germaine Tomlinson Insurance Trost, Dated
2
January 26~2006 (the "Trust"), is and was at all n::levant times 8. trust established under the laws of
3
Delaware,
4
4. On information and belief defendant JB Carlson (aka Jason C. Bolf) is and was at
5
all relevant times an adult individual residing in Marion County, Indiana, and a trustee. of the
6
Trost.
7
5. On information and.belief, defendantThe JB Carlson Cozporation (flea The Carlson
8
Corporation) is and was at all relevant times an Indiana corporation with its principal place of
9
business in Indiana.
10
6. On information and beli~ defendant Carlson Media Group, Inc., is and was at all
11
relevant times a Delaware corpcration with its ptjncipal place of business in Indiana,
12
Jurisdiction and Venue
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7. This Court has jurisdiction over this action under Article 6, § 6 of the Nevada
14
Constitution. Venue is proper in this district pursuant to the terms of the parties' promissory note
15
and NRS 13.040.
16
General Allegations
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8. In eatly October 2008, the Trust was in dire need of a short-term bridge loan to pay
18
Qff a mature debt and tbereby preserve its status as the sole beneficiary of a life insurance policy
19
(American General Life Insurance Policy # UMOO36206L) (the "Policy"). The death benefit
20
under the Policy is $15 million. The Trust had borrowed money to pay the premium due on the
21
Policy and the Trust's inability to pay offtbe debt jeopardized its entitlement to the death benefit
22
9. On or about October 3, 2008, 8m agreed. to help the Trust obtain financing for a
23
short-term bridge loan to meet the Trost's obligations. In consideration of SJB's commitment, and
24
to evidence defendants' obligations ineonnection therewith, defendants executed a Ma,ster
25
Promissory Note (the "Note"), a copy of which is attached as Exhibit 1.
26
10. Defendants, collectively referred to as "Debtors," executed the Note, whereby each
27
agreed, jointly and severally, to pay 8m the sum ofSl.85 million according to the terms of the
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Note. The Note provides that it.shall be governed by Nevada law, and the Debtors consent to

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jurisdiction and VeJl1.1ein the state or federal courts in Las Vegas, Nevada. In addition, Debtors
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agree under the Note to pay any courts costs and attorneys' fees incurred bysm in any legal
3
action arising out of any default byDebtors on their obligations thereunder,
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11. Contemporaneous with execution of the Not-e,the Trust assigned sm an interest in
5
its claims, options, privileges, rights, title and interest in, to and under the Policy as security for its
6
obligations under the Note. A copy of the Assignment of Life Insurance Policy as Collateral and
7
Security is attached as Exhibit 2. To further secure the obligations under the Note, uee financing
8
statements were filed with the Secretaries of State of Delaware and Indiana, identifYing sm as the
9
secured party and defendants as the debtor. Copies of these financing statements are attached as
10
Exlnoit3.
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12. The Note, by its terms, matures and becomes immediately due and payable upon
12
the earlier of two events: (a) the distnoution of death becefits under the Policy, or (b) 180 days
13
following the date (October 10, 2008) of the Note - i.e., April 10, 2009. The Note provides that
14
8m may add 5% per month on any outstanding balance until the balance is paid in fun.
15
13. sm proceeded to contact Opportunity Bridge Finsncing and assisted in arranging a ;
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bridge loan for the Trust and, on or about October 11, 2008 the Trost executed a promissory note
F

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for a bridge loan in favor of Opportunity Bridge Financing.
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14. A3 of April 11, 2009, no death benefits bad been distributed under the Policy, and,
19
accordingly. the Note bas matured and the Sl.85 million is now due and owing.
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15. Debtors have not made payment to SJB as requited under the terms of the Note and
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are in breach of their obligations under the Note.
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16. 8m bas complied. with any and all conditions .precedent and coneurreat to the
23
maintenance of thi, action.
24,
CLAIM FOR RELIEF
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(Breach of Contract/Note)
2.6
17. sm realleges paragraphs 1 through 16 above.
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18. By virtue of the foregoing conduct, defendants, and each of them, have breached
28
their obligations under the Note.

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19. As a consequence of the foregoing, sm has sustained and will continue to sustain
2
damages in an amount in excess of$10,OOO.
3
20. As a result of defendants' breach of the.Note, sm has. been forced to retain the
4
services of counsel to pmsuc this claim and is entitled to an award of attorneys' fees and costs
5
mcurred herein under the terms of the Note and otherwise.
6
WHEREFORE, Plaintiff sm Investments requests judgment against Defendants. jointly
7
and severally. as follows:
8
1. For compensatory damages in an amount in excess of $10,000, as called for under
9
the Note, togethe.rwit1xinterest thereon;
10'
2. For attomeys' fees and costs incurred herein;
11
3. For such further relief as deemed appropriate by the Court.
12
DATED this ~-day of May, 2009.
13 LEWIS AND ROCA LLP
14
IS BY.~~
ThomasG.R
16 Nevada Bar No. 9378
Lisa Wong Lack:1and
17 Nevada BarNo. 9938
3993 Howard Hughes Parkway
18 Suite 600
Las Vegas. Nevada 89169
19 Attorneys for Plaintiff sm Investments, LLC
20
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24

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