Lion’s Arch District Court
Smooth Penguin as Lion’s Arch registered voter
And
Evon Gnashblade as candidate for Captain’s Council
Plaintiffs
vs.
Ellen Kiel, aka Captain Ellen Kiel, aka Captain Ellen, aka Captain Kiel, aka Kiel the Killer, aka Scarlet, aka Scarlet Kiel as candidate of Captain’s Council
Defendant
________________________________
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
Plaintiffs seeking declaratory and injunctive relief against Defendant, state the following:
Introduction
1. This lawsuit is brought to preserve the integrity, consistency, equality, and ?nality of the most important civic action that residents of Lion’s Arch take: their votes in an election for the Captain’s Council. It is brought reluctantly, because the election of the Captain’s Council is properly left to the people, not the Court. But it is necessary because the current course of events threatens to undermine that democratic process.
2. Defendant Kiel committed fraud upon Plaintiffs and the citizens of Lion’s Arch by promising a reduction in Way Point costs to which she has no power or authority to reduce.
3. Defendant Kiel further committed fraud upon Plaintiffs and the citizens of Lion’s Arch by falsifying claims to Evon Gnashblade supporters that ArenaNet (Anet) would do both Fractal events if they voted for the Defendant.
4. Defendant Kiel attempted to defraud Plaintiffs and the citizens of Lion’s Arch by releasing an altered and forged Birth Certificate. Defendant Kiel was well aware that the Birth Certificate was altered and forged, as the original document was in the name Scarlet Kiel.
Preliminary Statement
5. This is a civil action for declaratory and injunctive relief. This action seeks to prevent further and needless counting of the ballots in the gamewide election of the Captain’s Council.
Jurisdiction and Venue
6. This is a civil action for declaratory and injunctive relief under Section I of the Lion’s Arch Voting Rights Act of 1245.
7. The jurisdiction of this Court is based on L.A.C. § 450.
8. Venue is proper in this Court because the Defendant resides within Lion’s Arch.
Parties
9. Plaintiff Smooth Penguin is a registered voter in Lion’s Arch. In the election for Captain’s Council, Plaintiff Penguin sought to cast his vote for Evon Gnashblade.
10. Plaintiff Evon Gnashblade is co-founder and leader of the Black Lion Trading Company, and is a candidate for Captain’s Council. Plaintiff Gnashblade has a substantial interest in having a fair and just election, as the Defendant’s actions violate the due process rights of Evon Gnashblade.
11. Defendant Ellen Kiel, aka Captain Ellen Kiel, aka Captain Ellen, aka Captain Kiel, aka Kiel the Killer, aka Scarlet, aka Scarlet Kiel is a candidate of Captain’s Council.
Factual Background
12. As of July 26, 2013, preliminary vote results showed Kiel had 1,249,185 (52%), while Evon had 1,153,093 (48%).
13. If declaratory and injunctive relief is not given, it would be extremely unfair to Lion’s Arch if there is any question as to the Defendant’s eligibility to serve if elected.
Irreparable Injury
14. As stated above, Plantiffs and the citizens of Lion’s Arch would suffer irreparable harm if declaratory and injunctive relief is not granted. Plaintiffs do not have any other way of redress regarding these very significant and important issues.
Claim for Relief
15. Plaintiffs repeat and allege paragraphs 1 – 14
16. Defendant’s actions have violated the Voter Plaintiffs’ rights under the L.A.C. with outright fraud.
17. For the above aforementioned reasons, Defendant Kiel needs to immediately step down and withdraw her candidacy for Captain’s Council.
WHEREFORE, Plaintiffs pray for a judgment and order:
A. Declare that Defendant Ellen Kiel, aka Captain Ellen Kiel, aka Captain Ellen, aka Captain Kiel, aka Kiel the Killer, aka Scarlet, aka Scarlet Kiel is ineligible to run for Captain’s Council.
B. Preliminary and permanently enjoin Defendant Ellen Kiel, aka Captain Ellen Kiel, aka Captain Ellen, aka Captain Kiel, aka Kiel the Killer, aka Scarlet, aka Scarlet Kiel from running for Captain’s Council.
C. Award Plaintiffs costs and fees and
D. Grant Plaintiffs other and further relief as the Court deems just and proper.
Respectfully submitted,
Smooth Penguin, Esq.
Marriner Law, LLP
Deverol Island
Lion’s Arch, Kryta
Verification of Smooth Penguin
-My name is Smooth Penguin, and I am over the age of twenty-one (21).
-I am a resident of Lion’s Arch, Tyria
-I have read the allegations of the-veri?ed complaint, and the facts stated
therein are true and correct.
Executed July 29, 2013.