Oct 06,- 2020 03:35 PM To: 17406870156 Page 3l17 From: Thompson Steward, LLC Fax: 8775559892 EN COMPUTER IN THE COURT OF COMMON PLEAS, FAIRFIELD COUNTY, OHIO CIVIL DIVISION BOBBY MITCHELL, CASE NO. 20 CV 122 9329 Hocking Run . Canal Winchester, OH 431 10 Plaintiff, v. JUDGE RICHARD E. BERENS GROWTH OPPORTUNITY PAC, INC. 259 W. Mam Street Sulte 1400 cf; 5?2, we; Lexington, KY 40507 55,3: {m Defendant, ?gag/(Ea ?632551. GENERATION NOW OHIO, INC. . ($255; 12: 65 E. State Street Columbus, OH 43215 15%; ago Defendant, if FIRSTENERGY CORP. 76 S. Main Street Akron, OH 44308 Defendant, JEFFREY 2716 Quarry Lake Dr. Columbus, OH 43204 Defendant, LARRY I-IOUSEHOLDER Ohio House of Representatives 77 3. High Street, 14th F1001- Columbus, OH 43215 Defendant. AMENDED COMPLAINT NOW COMES PLAINTIFF, BOBBY MITCHELL, by and through Counsel, pursuant to Rule 65 of the Ohio Rules of Civil Procedure and, for his Amended Complaint hereby alleges as follows: Oct 06, 2020 03:35 PM To: 17406870158 Page 4117 From: Thompson Steward, LLC Fax: 3776559892 1. Plaintiff Bobby Mitchell (?Plaintiff?) is a natural born person and resident of Fair?eld County, Ohio. 2. Growth Opportunity PAC, Inc. (?Growth Opportunity?) is a Delaware corporation doing business within Fair?eld County, Ohio. 3. Generation Now Ohio, Inc. (?Generation Now?) is a Delaware corporation, doing business within Fair?eld, Ohio. 4. FirstEnergy Corp. (?FirstEnergy?) is an Ohio corporation doing business within, Summit County, OH. 5. Ief?'ey (?Longsireth?) is a natural born person and a resident of Franklin County, Ohio. 6. Larry Householder (?Householder?) is a natural born person and a resident of Perry County, Ohio. 7. All or part of these claims arose in Fair?eld County, Ohio. 8. Proper venue for this action lies in air?eld County, Ohio. 9. The Court of Common Pleas for Fair?eld County, Ohio has jurisdiction over this action. 10. This suit alleges defamation, false light invasion of privacy, and engaging in a pattern of corrupt activity through the use of dark money to fund false, misleading and malicious advertisements, all with the purpose of sabotaging, undermining, damaging and disrupting Plaintiff?s legitimate campaign for State Representative for the 78th House District in the months preceding the May 2020 primary election. Oct 06,2020 03:35 PM To: 17406870153 Page 5117 From: Thompson Steward, LLC Fax: 8776559392 Relevant Facts 11. First Energy, Generation Now, Growth Opportunity, Jeffrey and Larry Householder were members of an ongoing organization that Operated as a continuing unit for a common purpose of achieving the objectives of the Enterprise, which objectives included obtaining, preserving and expandingHouseholdefs political power in the State of Ohio. The Enterprise?s strategy included raising money, recruiting, and supporting candidates who would support Householder. In the context of this suit, the expansion of Householder-?5 power included ?mding the election and re-election of ?Team Householder? candidates and the funding of false and malicious smear campaigns against opponents through ?dark money? funneled from FirstEnergy to Generation Now to various other entities through in a pattern of corrupt activity. 12. Householder controlled the Enterprise. At all times relevant, Householder acted to protect and enlarge in his capacity as State Representative and Speaker of the House. 13. was Householder?s chief political strategist and the implementer behaeen FirstEnergy, Householder, and Generation Now. is also a signatory on the Generation Now bank accounts. 14. Generation Now is a 501(c)(4) entity. Generation Now was funded solely by $60 million in payments from FirstEnergy and/or its subsidiaries and is controlled by Larry Householder and the Enterprise. 15. FirstEnergy Corp, either directly or indirectly through its subsidiary, irstEnergy Services, Co. funded Generation Now. In turn, Generation Now funneled hundreds of thousands of dollars to Growth Opportunity. 16. Though not openly endorsing Plaintiff?s opponent, Growth Opportunity advocated for the defeat of Plaintiff. Oct 06, 2020 03:35 PM To: 17406870158 Page 6/17 From: Thompson Steward, LLC Fax: 8776559892 17. In 2019, Growth Opportunity, Generation Now, First Energy, Householder and through association with an Enterprise, participated in the affairs of the Enterprise through a pattern of corrupt activity. 7 18. On or after Becernber 1, 2019, Growth Opportunity utilized funds funneled from FirstEnergy through Generation Now to launch aggressive Smear campaigns against Plaintiff and other candidates deemed ?unfriendly? to Householder. 19. On or after December 1, 2019, Growth Opportunity purchased political advertisements painting Plaintiff in a negative light. 20. On or after February 1, 2020, Growth Opportunity caused those political advertisements to be circulated, distributed and/ or disseminated. 21. Defendant?s political advertisements state Plaintiff?s ?shady past includes state liensfor failm?e to pay child support.? (Ex. 1) 22. Defendant?s political advertisements state Plaintiff has ?unpaid child support?. (Ex. 2) 23. Defendant?s political advertisements lists Plaintiff ?history of debt and fraud? as including ?unpaid child support?. (Ex. 3) Action for Defamation of Character 24. Plaintiff incorporates by reference all previous allegations from the preceding paragraphs. 25. Defendant maliciously published, circulated, disseminated and/or distributed its false political advertisements. Oct 06, 2020 03:35 PM To: 17406870158 Page 7/17 From: Thompson Steward, LLC Fax: 8776559892 26. As a direct and proximate result of the Defendant?s political advertisements, Plaintiff has been exposed to public and political shame and disgrace; his personal character and reputation has suffered greatly; and his political standing has been adversely affected. 27. Defendant has acted maliciously and in bad faith. Plaintiff, therefore, seeks punitive damages in the amount of Fifty-Thousand Dollars 28. Plaintiff is also entitled to an award of reasonable attorney?s fees. Action for False Light Invasion of Privacy 29. Plaintiff incorporates by reference all previous allegations from the preceding paragraphs. 30. Defendant recklessly or intentionally published, circulated, disseminated and/or distributed false political advertisements. 31. As a direct and proximate result of Defendant?s political advertisements, Plaintiff?s character has been placed before the public in a false position. 32. As a direct and proximate result of Defendant?s conduct, Plaintiff has suffered damages in excess of Twenty-Five Thousand Dollars Action for Civil RICO Violations 33. Plaintiff incorporates by reference all previous allegations from the preceding paragraphs. Prohibited Activities 34. I The Enterprise worked to obtain, preserve and expand Householder?s power in the State of Ohio, by funneling more than $1 million from Generation Now to PAC, a federal PAC, to support ?Team Householder? candidates in the May 2020 primary. Funds were also funneled from Generation Now to Growth Opportunity to smear Householder opponents, including Plaintiff. Oct 06, 2020 03:35 PM To: 17406870158 Page 8/1? From: Thompson Steward, LLC Fax: 3776559892 35. The media campaigns supporting Team Householder candidates and targeting Householder opponents were conducted to facilitate the promotion, management, establishment or carrying out of a corrupt activity in violation of RC. Soliciting or Accepting Imp roger Compensation 36. During all times relevant, Plaintiff was a public servant as de?ned by RC. 37. Defendant Householder knowingly accepted compensation from First Energy to perform his official duties, for the general performance of the duties of his of?ce or as a supplement to his public compensation in violation of RC. 38. Defendant FirstEnergy knowingly gave Householder compensation to perform his of?cial duties, for the general performance of the duties of his of?ce or as a supplement to his public compensation in violation of RC. 39. The compensation Householder received from FirstEnergy was ultimately used to launch a smear campaign against Plaintiff. 40. During all times relevant, Plaintiff was a public servant as de?ned by RC. 2921 41. The political advertisements distributed by Defendant Growth Opportunity on or after December 1, 2019 and on or after February I, 2020 constitute materially false or fraudulent writings. 42. Defendants Householder and Generation Now funded the political advertisements distributed by Growth Opportunity. Oct 06, 2020 03:35 PM To: 17406870158 Page 9/17 From: Thompson Steward, LLC Fax: 8778559892 43. Defendants Growth Opportunity, Householder and Generation knowingly used a materially false or fraudulent writing with malicious purpose, in bad faith, or in a wanton and reckless manner to intimidate or hinder, Plaintiff, a public servant, in the discharge of his duties in violation of R.C. Liver): 44. Defendant FirstEnergy supported and. sought to secure Householder?s political power by secretly funding Generation Now through ?dark money? contributions for the purpose of passing HB6. 45. Defendant FirstEnergy, with purpose to corrupt or improperly in?uence a public servant, promised, offered or gave a valuable thing or valuable bene?t to Defendant Householder in violation of" R.C. 2921.02. 46. Defendant Householder knowingly accepted a valuable thing or valuable bene?t from FirstEnergy with purpose to be corrupted or improperly in?uenced with respect to the discharge of his duties in violation of R.C. 2921.02. 47. The valuable thing accepted through Defendants FirstEnergy and Householder-?5 bribery scheme was utilized in the support of Team Householder candidates and the aggressive targeting of Plaintiff as an opposition candidate to the detriment of Plaintiffs legitimate campaign bid for State Representative for the 78th House District in the May 2020 primary election. Unlawful Interest in a Public Contract 48. Defendant FirstEnergy supported and sought to secure Householder?s political power by secretly funding Generation Now through ?dark money? contributions for the purpose of passing HB6. Oct'06, 2020 03:35 PM To: 17406870158 Page 10/17 From: Thompson Steward, LLC Fax: 8776559892 49. HB6 is the purchase or acquisition of property or services by or for the use of the state, any of its political subdivisions, or any agency or instrumentality of either. 50. Defendant Householder, during his term in of?ce, employed the authority of his of?ce to secure a contract in which he had a personal interest in violation of R.C. 2921.42. 51. All Defendants benefitted from the Enterprise, acted to achieve the goals of the Enterprise and participated in the Enterprise through a pattern of corrupt activity. Liability pursuant to RC. 2923.34 52. Plaintiff incorporates by reference all previous allegations from the preceding paragraphs. 53. Pursuant to RC. no person associated with any enterprise shall participate in the affairs of the enterprise through a pattern of corrupt activity. 54. Pursuant to RC. no person who knowingly has received any proceeds derived, directly or indirectly, from a pattern of corrupt activity shall use any part of those proceeds in the establishment of the operation of any enterprise. I 55. Pursuant to R.C. 2923.34, anyone injured or threatened with injury by a violation of R.C. 2923.32 may institute a civil proceeding in an appropriate court seeking relief ??om any person whose conduct violated RC. 2923.32. 56. To the extent that the Court determines Defendants, in association with an enterprise, had an unlaw?ll interest in a public contract; solicited or accepted improper compensation; participated in intimidation; participated in bribery; and conducted transactions with the purpose to promote, establish, manage, carry. on or facilitate the promotion, management, establishment, carrying on or management of corrupt activity, then Defendants participated in the affairs of the Enterprise through a pattern of corrupt activity. Oct 06, 2020 03:35 PM To: 17406870158 Page 11/17 From: Thompson Steward, LLC Fax: 8776559892 57. As a direct and proximate result of the corrupt activity and unlawful conduct, the . dark money funneled from First Energy through Generation New to Growth 85 Opportunity was utilized to sabotage Plaintiff?s campaign with false and misleading advertisements. 58. I As a direct and proxirnate result of the corrupt activity and unlawfui conduct, Plaintiff has suffered and will continue to suffer economic and non?economic damages for which the Defendants are liable, including, but not limited to, pain and suffering, and lost opportunity. Plaintiff, therefore, requests the Court order Defendants? divestiture of any interest in any Enterprise or in any real property pursuant to RC. Liabilig pursuant to RC. 2307.60 5 9. Plaintiff incorporates by reference all previous allegations from the preceding paragraphs. 60. Pursuant to RC. 2923.32, no person employed by or associated with any enterprise shall participate in, directly or indirectly, the affairs of the enterprise through a pattern of corrupt activity. 61. Pursuant to RC. 2307.60, anyone injured in person or property by a criminal act may recover full damages in a civil action. 62. To the extent that the Court determines Defendants, in association with an enterprise, had an unlawful interest in a public contract; solicited or accepted improper compensation; participated in intimidation; participated in bribery; and conducted transactions with the purpose to promote, establish, manage, carry on or facilitate the promotion, management, establishment, carrying on or management of corrupt activity, then Defendants participated in the affairs 'of the Enterprise through a pattern of corrupt activity. IE Oct 06, 2020 03:35 PM T0217406870158 Page12/17 From: Thompson Steward, LLC Fax: 8776559892 63. As a direct and proximate result of the corrupt activity and unlawful conduct, the dark money funneled from First Energy through Generation Now to Growth Opportunity Pac was utilized to sabotage Plaintiff?s campaign with false and misleading advertisements. 64. As a direct and proximal result of the corrupt activity and unlawfui conduct, Plaintiff has su??ered and Will continue to suffer economic and non-economic damages for which the Defendants are liable, including, but not limited to, pain and suffering, and lost opportunity. WHEREFORE, Plaintiff prays for the following relief: A. As to Plaintiff?s action for Defamation of Character, that this Court enter judgment in favor of Plaintiff Bobby Mitchell and against Defendants, in an amount in excess of Fi?y Thousand Dollars to be determined at trial, plus pre and post judgment interest, punitive damages, costs, and reasonable attorney fees; As to Plaintiff?s action for False Light Invasion of Privacy, that this Court enter judgment in favor of Plaintiff Bobby Mitchell and against Defendants, in an amount in excess of Twenty-Five Thousand Dollars to be determined at trial, plus pre and post judgment interest, and costs; . As to Plaintiff?s action for civil RICO violations, that this Court enter judgment in favor of Plaintiff Bobby Mitchell and against Defendants in an amount in excess of $800,000, to be determined at trial, pre and post judgment interest, costs, and reasonable attorney fees; . As to liability pursuant to R.C. 2923.34, treble damages, reasonable attorney fees and further relief at law and in equity as this court deems just and proper. As to liability pursuant to RC. 2307.60, reasonable attorney fees and further relief at law and in equity as this court deems just and proper. 10 Oct 06, 2020 03:35 PM To: 17406870158 Page 13117 From: Thompson Steward. LLC Fax: 8776559892 F. As to all Counts, judgment in favor of Plaintiff Bobby Mitchell for damages, pre and post-judgment interest, the costs of the action, and for such other and further relief at A law or in equity as this court deems just and proper. submitted, ls/ B?an O. Steward Bryan O. Steward (008201 The Steward Firm, LLC 800 Cross Pointe Rd., Suite Gahanna, OH 43230 Phone: (614) 986-8627 Fax: (877) 655-9892 Bryan@tsf.legal Counsel for Plaintiff Bobby Mitchell CERTIFICATE OF SERVICE I hereby certify that a cepy of the foregoing document has been sent via US. Mail, facsimile, and/or electronic mail on this day of October, 2020 to: JAMES B. HADDEN ESQ. ATTORNEY FOR GROWTH OPPORTUNITY PAC, INC. 1 1 14 Dublin Road Columbus, Ohio 43215 GENERATION NOW OHIO, INC. 65 E. State Street, Suite 2450 Columbus, OH 43215 FIRSTENERGY CORP. 76 S. Main Street Akron, OH 443 08 CT CORPORATION SYSTEM STATUTORY AGENT, FIRSTENERGY CORP. 4400 Easton Commons Way Suite 125 Columbus, Ohio 43219 11 Jaw/:6 Oct 06, 2020 03:35 PM To: 174068?0158 Page 14/17 From: Thompson Steward, LLC Fax: 8776559892 JEFFREY 2716 Quarry Lake Dr. Columbus, OH 43204 LARRY HOUSEHOLDER Ohio House of Representatives 77 S. High Street, 14'h Floor Columbus, OH 43215 12 Isl Bryan O. Steward Ewan 0. Steward, Esq. 15 .may0202 ?90 100 . my? ., ?Elihu 1? a) 4 32 11?? Wd 99 ?vuht Lit-5:71 11 I ?(tlutli k: A. UJO-lzl 953:! . .. 3?11 ?pJemeqs uosdwou; . enera e! (it-:0 2089 .b . - r, gnu1160 my . ,4 '{lm?w .. "I?Wa?y 1' I1 Kev-,xed as. - :35 4 11.0 u, .. ?It 4 Jeff I T?ra "2n? 3' . . Vb Oct 06, 2020 03: 35 PM To 17406870158 Page 16/17 From Thompson Steward, LLC Fax 8776559892 n'rAf .1 Hr a "Ant7-1.5" 9? (ma-And - 1? \d hunk?it. ~52 '11 1. :1 142433553 mAv?; . 5" AA Ag 31"? Mg?. nut": I 0 . (A ?5 ll, It?f?wlz? g1: 1.54 A As: .1 Thompson Steward. LLC Fax: 8776559892 g. .wI-nvny??air if) 31.1 13?; 1 74068701 58 Page 1 7/1 7 From AARON ADAMS 8: BOBBY AM Oct 06, 2020 ?Ada? 11-7953 ww- 5 I WW1 A-AL '3 ll?AwA AAYAV Agni AMEN . A A .. ME 1. Oct 06, 2020 03:35 PM To: 17406870158 Page 1/17 From: Thompson Steward, LLC Fax: 8776559892 Thompson Steward Flecha, LLC 800 Cross Pointei Rd., Suite Gahanna, OH 43230 ax Tel: (614) 986-8627 I 614-379-3003 Fax: 877-655-9892 To: 7406870158 From: bryan Fax: 1-740-687-0158 Date: October 06, 2020 03:34 PM Plaintiff's Amended Complaint, Mitchell v. Growth 8. Opportunity PAC, Inc. Case SUb?eCt: No. zocv122 Bryan O. Steward, ESQ., MBA. 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