Filed in Multnomah Circuit Court today, and now a matter of public record.
SEAN AARON CRUZ
CIRCUIT COURT OF THE STATE OF
OREGON FOR MULTNOMAH COUNTY
SEAN AARON CRUZ
Case No.: 15CV25027
Date of Hearing:
Time of Hearing:
1. In the Spring of 2013, DEFENDANTS The
Cultural Heritage Commission Oregon
(OCHC) and its president David Milholland, and PLAINTIFF entered in good faith into
a staged, 3-year production Agreement to create the Jim Pepper Native Arts Festival
(JPNAF), a new
nonprofit corporation whose signature event would be to Oregon
produce a festival which would take place annually on the campus of Parkrose High
, celebrating the legacy of the late, great Native
American musician Portland
AND that at
the same time would serve as a celebration marking
DEFENDANTS' alleged 25-year history of allegedly successfully producing cultural
events across the state of
2. PLAINTIFF alleges that DEFENDANTS the Oregon Cultural Heritage Commission
(OCHC) is a sham entity with no public charge or official status, maintaining no regular
place of business and no regular days or hours of business, no listed or posted phone
number and no physical address, so that the Multnomah County Sheriff was unable to
serve a Summons on DEFENDANTS, and that these facts were contributing factors to
problems and difficulties PLAINTIFF encountered at all times in attempting to carry out
the Agreement in good faith.
3. PLAINTIFF alleges that during the course of carrying out this Agreement
DEFENDANTS engaged in deceptive practices including false advertising and made
false representations to PLAINTIFF upon which PLAINTIFF relied, causing
PLAINTIFF to suffer great injury and loss.
4. PLAINTIFF alleges that DEFENDANTS' board meetings, held in a conference room
at the law offices of Tonkin Torp, are intended to impress, deceive and mislead
visitors, including PLAINTIFF, into believing that the Oregon Cultural Heritage
Commission has stature that it does not in fact possess, causing PLAINTIFF to rely on
DEFENDANTS' fraudulent representations, and suffering great harm as a result.
5. PLAINTIFF alleges that DEFENDANTS' true place of business is within a hidey
hole loft dwelling occupied by DEFENDANT'S President Mr. David Milholland on an
upper floor above an unrelated business on
NE 42nd Street, with no exterior markings
identifying either OCHC or Mr. Milholland, no buzzer and no means of entry to the
building if the unrelated business is not open, all of which factors combined to make
PLAINTIFF'S good faith efforts more difficult, costlier in time spent, and at times
impossible, as appears to be DEFENDANTS' intent.
6. PLAINTIFF alleges that DEFENDANTS Oregon Cultural Heritage Commission's
membership has been restricted to white or Caucasian people over the entire course
of its 25-plus years of existence, remaining so today, and maintains that this fact
created conflicts between PLAINTIFF and DEFENDANTS that were due to
DEFENDANTS' ethnic and racial biases that worked to the detriment of PLAINTIFF'S
good faith efforts to carry out the Agreement.
7. PLAINTIFF alleges that DEFENDANTS are in breach of contract and owe
PLAINTIFF compensation for work performed as a result of said Agreement, as a
result of PLAINTIFF'S reliance on DEFENDANTS' deceptive and fraudulent
representations, and as a consequence of DEFENDANTS' willful and/or negligent
mismanagement of the Project.
8. PLAINTIFF alleges that DEFENDANTS directed PLAINTIFF to invite artists to
perform at the 2013 Jim Pepper Native Arts Festival regardless of funding identified
and committed to support the expenses of the event.
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9. PLAINTIFF alleges that DEFENDANTS encouraged PLAINTIFF to work on behalf
of DEFENDANTS' 25-year celebration and the Project regardless of funding identified
and committed to support PLAINTIFF'S work.
10. PLAINTIFF alleges that DEFENDANTS directed PLAINTIFF to hire additional
artists for August 7 and August 8 Festival performances after PLAINTIFF had already
canceled other artists previously scheduled to perform on those dates and after
PLAINTIFF had recommended canceling the dates entirely, causing PLAINTIFF to be
resented by the canceled artists, creating additional damage to PLAINTIFF'S
reputation, additional economic losses and further emotional distress.
11. PLAINTIFF alleges that DEFENDANTS deliberately misled both PLAINTIFF and
of the American Indian staff, causing both to believe
that National Museum
DEFENDANTS would comply with the terms of the IndiVisible loan contract, which
included the requirement that DEFENDANTS provide insurance coverage for four
days, when DEFENDANTS knew that DEFENDANTS would in fact NOT comply with
the contract, causing financial loss, damage to PLAINTIFF'S reputation and additional
12. PLAINTIFF alleges that DEFENDANTS knew in advance that the IndiVisible
exhibit would NOT be shipped to
, because DEFENDANTS had secretly Portland
made a decision to NOT provide the insurance rider at some point in advance of the
festival event, and concealed their decision from both PLAINTIFF and the National
Museum of the American Indian, causing financial loss to both parties, damage to
PLAINTIFF'S reputation and additional emotional distress.
13. PLAINTIFF alleges that DEFENDANTS continued to advertise that free admission
to the IndiVisible exhibit would be featured at the Festival up to and including August
7-10, the dates of the Festival event, through printed posters and on DEFENDANTS'
website and elsewhere.
14. PLAINTIFF alleges that four days prior to the Festival, on Saturday, August 3,
despite having sole and exclusive knowledge that IndiVisible would NOT be coming to
the Museum, DEFENDANT MR. DAVID MILHOLLAND personally designed a poster
advertising the IndiVisible exhibit as “Free to All”, and proclaiming “The Jim Pepper
Native Arts Festival is a project of the Oregon Cultural Heritage Commission 501(c)(3)
celebrating its 25th year and a 1000 Nations production.”
15. PLAINTIFF alleges that on
August 3, 2013, DEFENDANT MR.
MILHOLLAND provided said poster in electronic format to PLAINTIFF expressly for
the creation of printed posters, social media postings and other electronic media,
which PLAINTIFF took in good faith to be truthful statements and acted accordingly,
resulting in great harm, financial loss and emotional distress.
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16. PLAINTIFF alleges that immediately following the festival, DEFENDANTS
disappeared from the face of the Earth, refusing to answer or return PLAINTIFF'S
telephone calls or to respond to PLAINTIFF'S emails, and the fact that DEFENDANTS
maintain no regular place, days or hours of business made it impossible for
PLAINTIFF to proceed with the tasks that were ordinarily routine in the aftermath of
similar festival events as well as those that were necessitated by DEFENDANTS'
grossly negligent and/or fraudulent actions before and during the course of the
Festival, as well as thereafter.
17. PLAINTIFF alleges that in order to force contact with DEFENDANTS—since
DEFENDANTS maintain no regular place, hours or days of business—PLAINTIFF
resorted to searching out through the Secretary State Corporation Division filings to
locate the only physical address in DEFENDANTS' history of filings other than the law
offices of Tonkin Torp, which was that for Mr. Walt Curtis, DEFENDANT'S board
secretary, and PLAINTIFF staked out the location until PLAINTIFF was able to make
contact with Mr. Curtis on
2013, and with Mr. Curtis' assistance
telephone contact with DEFENDANTS President David Milholland.
18. PLAINTIFF alleges that only after taking these extraordinary steps was
PLAINTIFF able to make contact with DEFENDANTS in the person of its President
David Milholland, by telephone.
19. PLAINTIFF alleges that the fact that DEFENDANTS The Oregon Cultural Heritage
Commission intentionally maintains no physical place of business, no regular days or
hours of business, and no reasonable means for any person to contact said
DEFENDANTS, who appear to meet only privately and occasionally in the law offices
of Tonkin Torp as prelude to a drinking party taking place immediately afterwards, has
unfairly left PLAINTIFF—who only acted at the direction of DEFENDANTS and relying
in good faith on DEFENDANTS' fraudulent representations—as the target of rumor
and dissatisfaction by all parties, whether sponsors, performers, ticket buyers or
contractors, or the general public, and suffering great harm, loss of reputation,
emotional distress and other damages.
20. PLAINTIFF alleges that as a result of DEFENDANTS' grossly negligent and/or
willful mismanagement of the 2013 Jim Pepper Native Arts Festival, which includes
frequent disappearances at critical times, PLAINTIFF has suffered a campaign of
defamation and harassment from Mr. David Grafe, a disgruntled sound engineer, and
over the course of the past two years that has caused
PLAINTIFF additional great harm, loss of reputation, emotional distress and other
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21. PLAINTIFF alleges that DEFENDANTS, in the person of its President David
Milholland, deliberately attempted to cause PLAINTIFF great harm by knowingly
causing PLAINTIFF to show publicly the documentary film “PEPPER'S POWWOW”
without having the proper license and authorization from the film maker to do so, thus
exposing PLAINTIFF to civil suit, monetary damages and further loss of reputation.
22. PLAINTIFF alleges that DEFENDANTS—who were in complete custody and
control of all financial aspects of the project at all times—failed to follow generally
accepted accounting principles, failed to keep honest and accurate records, and failed
to make and deliver honest, timely and accurate financial reports to sponsors,
partners, grantors (some of whom received NO report), or to PLAINTIFF and the
project Steering Committee, all of which has served to harm PLAINTIFF's reputation
and cause PLAINTIFF to suffer other damages.
STATEMENT OF FACTS
1. The Jim Pepper Native Arts Festival was PLAINTIFF's idea, stemming from the
time that PLAINTIFF served as Senator
Avel Gordly's chief of staff, and arising from
the fact that PLAINTIFF unknowingly purchased the family home of Jim Pepper in
2002, only later learning of his great musical and cultural legacy.
2. PLAINTIFF drafted Senator Gordly's Senate Joint Resolution,
the late, great Native American musician Jim Pepper's life and works—in May, 2005,
and his music and spirit came to be tremendously important to PLAINTIFF both
personally and professionally.
3. PLAINTIFF'S son Aaron Cruz passed away in late April, 2005 and was buried on
May 3, during the 2005 legislative session. Researching and drafting the Jim Pepper
resolution helped PLAINTIFF get through the month of May and the rest of the
session, and became PLAINTIFF'S “Happy Place” as he worked through the grief,
and Jim Pepper's music, life story and legacy continues to play a vital therapeutic role
in PLAINTIFF'S life as he copes with a long-term diagnosis of clinical depression and
4. In early 2013, through a series of meetings conducted over several months that
included OCHC's board of directors, members of a Steering Committee that
PLAINTIFF was in the process of forming, and other members of the community and
potential sponsors and partners, OCHC President David Milholland and PLAINTIFF
developed a plan whereby:
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A. JPNAF would be produced and promoted in 2013 as a celebration of
DEFENDANT OCHC's 25-year history of producing a wide variety of cultural events
across the state of
B. PLAINTIFF'S company, 1000 Nations, would manage the project under OCHC's
supervision and control, and over the course of a three-year period JPNAF would
become an independently operating
nonprofit corporation with paid staff. Oregon
C. Mr. Milholland and OCHC would receive, control, manage and disburse all funds
related to the project.
D. Mr. Milholland and OCHC would have sole contracting authority pertaining to the
E. Agreements between DEFENDANTS and PLAINTIFF as well as agreements
between the Parties and other Parties were largely verbal, however the terms of
such are evidenced in the documentation created during the course of the Project.
F. PLAINTIFF'S fee for producing this joint celebration of OCHC and Jim Pepper
would be $ 400 per week in cash plus a tax credit for $ 400 per week as
PLAINTIFF'S in-kind contribution to DEFENDANTS' 25-year celebration.
5. PLAINTIFF began billing the project weekly beginning for the period March 4 – 10,
2013, planning to continue billing through the week following the Festival (until August
17) to wrap up all reporting and other business, and thereafter as additional funding
became available over the three-year life of the Project.
6. The cornerstone of PLAINTIFF'S and DEFENDANTS' plan was built around a
succession of three exhibits on loan from the National Museum of the American
Indian, Smithsonian Institution, namely:
A. In 2013: IndiVisible: African-Native American lives in the
B. In 2014: Skateboard Culture in Indian Country
C. In 2015: Up Where We Belong, or a similar exhibit including Jim Pepper's
saxophone, which is in the permanent collection of the Smithsonian Institution,
Museum of the American Indian.
7. The business plan for the event was to draw an audience to
Parkrose High School
with free admission to the Smithsonian exhibit, which would be augmented with free
performances by Native American musicians, plus Native American arts and crafts
and foods for sale during daytime hours, and thereby to sell tickets to the evening
performances in the
theater. Parkrose High School
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8. PLAINTIFF made contact with Mr. Robert Alexander of the
of the National Museum
American Indian regarding the loan of IndiVisible: African-Native American lives in the
Americas for exhibition in Portland, and—working with DEFENDANTS—successfully
negotiated an agreement whereby said exhibit would be lent to DEFENDANTS for
exhibition at Parkrose High School for free public viewing from August 7, 2013 to
9. DEFENDANTS contracted with the
of the American Indian, National Museum
promising to take every step necessary to fulfill the agreement, including providing an
insurance rider covering said exhibit during the four days it would be at Parkrose High
School, which would be the sole cost of the exhibit, all other shipping and handling
costs to be borne by the Smithsonian.
10. PLAINTIFF sought out another exhibition location so that IndiVisible could remain
in Portland longer than the four days at Parkrose and to this purpose contacted
Portland Community College Cascade Campus President Dr. Algie Gatewood, to
make Dr. Gatewood aware of the opportunity.
11. With Dr. Gatewood's leadership and support, PLAINTIFF brought
into contact with Mr. Robert Alexander of the Smithsonian, who was in charge of the
exhibit, and arrangements were made for IndiVisible to move from Parkrose High
School after the Festival into storage at
PCC Cascade, where it would remain until it
came up for exhibition at the Cascade campus library beginning on October 10, and
continuing to the end of the year.
12. PLAINTIFF planned to organize and schedule additional Jim Pepper Native Arts
Festival events in the neighborhood of
PCC Cascade through the end of the year, in
association with the IndiVisible exhibit and continuing to celebrate DEFENDANTS'
alleged 25-year history of successfully producing cultural events across the state of
Oregon, while making plans in concert with the National Museum of the American
Indian for future exhibits in 2014 and 2015 per the aforementioned project plan.
13. DEFENDANTS, however, did NOT provide the insurance rider as required in the
IndiVisible loan contract, thus canceling the exhibit, without informing any of either the
Parkrose School District, which had contracted with DEFENDANTS for the rental of
secured space, or the Museum, which continued to plan for the Festival exhibition's
arrival, including flying three Smithsonian personnel to Portland to staff the exhibit and
conduct outreach in the Portland Metro Area, or PLAINTIFF, who continued to rely on
14. The failure of the IndiVisible exhibit to arrive forced the cancellation of the entire
daytime program, causing all of the artists, musicians and vendors to suffer financial
loss and great inconvenience, and created lingering resentment and anger in the
community directed at PLAINTIFF and the Project itself, all of which could have been
avoided had DEFENDANTS either provided the insurance rider as agreed to in
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DEFENDANTS' contract with the Smithsonian Institution, or notified either PLAINTIFF
or the Museum staff or the
of its intention to cancel. Parkrose School District
15. The unanticipated failure of the IndiVisible exhibit to arrive forced the cancellation
of the entire Festival daytime program, removing entirely the free attractions that
would have created opportunities to sell tickets to the evening performances, and
destroying the entire business plan and several months of PLAINTIFF'S work.
16. Four days prior to the Festival, on
August 3, 2013, DEFENDANT MR.
DAVID MILHOLLAND personally designed a poster advertising the IndiVisible exhibit
as “Free to All”, and proclaiming “The Jim Pepper Native Arts Festival is a project of
the Oregon Cultural Heritage Commission 501(c)(3) celebrating its 25th year and a
1000 Nations production.”
Saturday, August 3, 2013, DEFENDANT MR. DAVID MILHOLLAND provided
said poster in electronic format to PLAINTIFF expressly for the creation of printed
posters, social media postings and other electronic media, which PLAINTIFF took in
good faith to be truthful statements and acted accordingly. This was the final edition
of several posters advertising the IndiVisible exhibit PLAINTIFF produced over the
preceding two months.
18. The last communication that PLAINTIFF received from the Museum was an email
to DEFENDANTS stating that the IndiVisible exhibit would arrive at Parkrose High
School on either
5, 2013 or Tuesday, August 6.
19. The last email communication from DEFENDANTS to the Smithsonian that
PLAINTIFF received, dated
July 24, 2013, stated:
From: David Milholland (
To: Alexander, Robert
Cc: Cruz, Sean Aaron
Subject: Signed IndiVisible agreement in the mail
I mailed the full signed contract to Katherine Lewis this pm. It should arrive
Attached is the signature panel, for your reference.
Will call to talk with you tomorrow...
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19. As part of the Jim Pepper Native Arts Festival contract between DEFENDANTS
, a secure room was rented, cleared and otherwise Parkrose School District
prepared to house IndiVisible, including furniture for the Museum personnel who
would staff the exhibit.
20. PLAINTIFF was not concerned when the exhibit did not arrive on Monday, August
5, but—understanding the significance of the IndiVisible exhibit to the overall success
of the entire project, Festival and DEFENDANTS' 25-year celebration alike—was very
much concerned when the exhibit did not arrive on Tuesday, August 6, either.
21. Vendors and performers began to arrive at
up on Parkrose High
the morning of Wednesday, September 7, but there was no Smithsonian exhibit and
the contact number PLAINTIFF had been calling since the day before only went to
22. On Wednesday morning, September 7, PLAINTIFF asked DEFENDANT OCHC
President David Milholland where he thought the exhibit was, and Mr. Milholland
replied, “It will either be here or it won't.”
23. DEFENDANT OCHC President David Milholland made no attempt to locate the
exhibit whatsoever, and spent the morning taping several dozen 8 1/2” x 11” paper
signs to doors and windows around the high school building that he had apparently
created on his home computer the night before.
24. PLAINTIFF learned of the status of the IndiVisible exhibit in late morning on
Wednesday, August 7, 2013, from one of the Festival volunteers, who had seen the
Smithsonian team at NAYA, the Native American Youth and Family Center, earlier in
the day and heard that the exhibit was still in
25. The absence of the IndiVisible exhibit destroyed months of work performed in
good faith by PLAINTIFF, including the plans to move the exhibit to
exhibition beginning October 10.
26. PLAINTIFF had scheduled two evening showings of Pepper's Powwow, an hourlong
award-winning documentary of Jim Pepper's life by Sandy Osawa, for
September 7 and 8, which was in all of the project advertising.
27. Some minutes before the September program was to start, however, PLAINTIFF
approached DEFENDANT Mr. David Milholland, and asked point blank if
DEFENDANT had sent payment to film maker Sandy Osawa for the public viewing
rights, and DEFENDANT responded “No.”
28. PLAINTIFF was forced to immediately cancel both scheduled showings of the
documentary, and the evening performances were now in disarray.
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29. Following the September 7 evening performances, DEFENDANT OCHC
President David Milholland claimed that he did not bring enough checks to pay all of
the performers, forcing PLAINTIFF to pay one group out of his own pocket, and
Luciana Proaño, one of the performers, paid one of the other performers out of her
30. During the rest of the festival and thereafter, it was never clear to PLAINTIFF who
among the several performers and contractors DEFENDANT OCHC President David
Milholland was going to pay, nor how much he was going to pay, nor whether he was
going to pay with a check or in blank, signed OCHC tax receipts or in some other
31. DEFENDANTS The Oregon Cultural Heritage Commission (OCHC) is an Oregon
nonprofit with no public charge or official status, whose membership has been all-
White throughout its entire 25-plus years of existence.
32. DEFENDANTS have failed to file a physical address with the Oregon Secretary of
State for at least the past four years, and recently filed a physical address only after
PLAINTIFF complained to the Corporation Division of the Oregon Secretary of State.
33. DEFENDANTS The Oregon Cultural Heritage Commission (OCHC) maintains no
regular place of business or hours or days of business, has no apparent staff, no listed
or posted phone number and no physical address, all contributing factors to problems
and difficulties PLAINTIFF encountered at all times in attempting to carry out the
Agreement in good faith.
34. As DEFENDANT President David Milholland rarely responded to emails
throughout the entire history of the project, the only means of contact PLAINTIFF had
for DEFENDANTS The Oregon Cultural Heritage Commission was Mr. Milholland's
home phone number, a land line.
35. Mr. David Grafe, a disgruntled sound engineer whose bid for the project was not
accepted, and his company
beginning on our about August 5, 2013,
mounted a malicious, false and defamatory campaign determined to wreck both the
Jim Pepper Native Arts Festival and PLAINTIFF'S career that was greatly
exacerbated by DEFENDANTS' inaccessibility throughout the entire ordeal.
36. Mr. Grafe and
contacted and communicated false and defamatory
assertions to Festival sponsors, partners, performers, ticket buyers and parties in the
PLAINTIFF and the Festival, and that has continued to the present day.
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37. DEFENDANTS paid some of the festival performers in the form of DEFENDANTS'
checks and others in the form of blank tax deduction receipts signed in advance and
distributed by Mr. Milholland, which may be an illegal abuse of DEFENDANTS' 501c3
status, and other performers and contractors were not paid at all.
38. Immediately following the festival, DEFENDANTS became impossible to contact,
refusing to answer or return PLAINTIFF'S telephone calls or to respond to
PLAINTIFF'S emails, and the fact that DEFENDANTS maintain no regular place, days
or hours of business made it impossible for PLAINTIFF to proceed with the tasks that
were ordinarily routine in the aftermath of similar festival events as well as those that
were necessitated by DEFENDANTS' grossly negligent and/or fraudulent actions
before and during the course of the festival, and continuing thereafter.
39. In order to force contact with DEFENDANTS, since DEFENDANTS maintain no
regular place, hours or days of business, PLAINTIFF resorted to searching out
through the Secretary of State Corporation Division to locate the only physical address
in the DEFENDANTS' filings, that for Mr. Walt Curtis, DEFENDANT'S board
secretary, and PLAINTIFF staked out the location until PLAINTIFF was able to make
contact with Mr. Curtis on
40. DEFENDANTS failed to provide full, truthful, timely or accurate fiscal reports to
sponsors, partners, grantors, the project Steering Committee or to PLAINTIFF in the
weeks and months following the Festival.
41. PLAINTIFF requested help in developing an accurate accounting of the project
Jo Ann Hardesty of Consult Hardesty, an independent consulting firm, who
organized two facilitated debriefing sessions with DEFENDANTS President David
Milholland and the project Steering Committee.
42. Both facilitated debriefing sessions were held at the Rosewood Commons in SE
Portland, and were attended by DEFENDANTS President David Milholland and the
project Steering Committee. DEFENDANTS President David Milholland was unable
to produce an accurate fiscal report, or to explain the reports that he had provided at
43. DEFENDANTS President David Milholland promised to return for a third time with
an accurate fiscal report in early January, 2014, but was never heard from again.
44. In March, 2014, the project Steering Committee formed a Board of Directors and
registered with the Secretary of State as the Jim Pepper Native Arts Festival, an
Oregon public benefit nonprofit corporation, dedicated to improving access to music
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45. Immediately upon incorporating, the Jim Pepper Native Arts Festival board of
directors fired DEFENDANTS President David Milholland and severed all ties with the
Cultural Heritage Commission. Oregon
PETITION FOR RELIEF
DEFENDANTS' actions, whether deliberate or as a result of DEFENDANTS' gross
negligence, have caused great harm to PLAINTIFF, to PLAINTIFF'S company 1000
Nations, and to the Jim Pepper Native Arts Festival, a new Oregon public benefit
nonprofit corporation, including:
A. Damage to all three reputations and loss of standing in the community;
B. The loss of sponsors and other partners that had been part of the 2013 event
but have not come back after experiencing DEFENDANTS' gross negligence,
failure to provide timely and/or accurate fiscal reports to sponsors and general
C. The loss of many hundreds of hours of work that PLAINTIFF had invested in
pulling sponsors and partners together for the 2013 event, and the subsequent
necessity to invest hundreds of hours of additional work throughout 2013, 2014
and to the present day to bring them back in as well as attract new sponsors and
partners to the project, now in its 3rd year.
D. Emotional distress that plunged PLAINTIFF into a period of depression that
required more than a year of treatment in order to be able to function normally
again and that requires ongoing treatment for depression and PTSD.
E. Unpaid compensation in the amount of $ 9,934.00 for work PLAINTIFF
performed on behalf of DEFENDANTS at PLAINTIFF'S reduced rate of $ 400.00
per week prior to and during the Festival week.
PLAINTIFF seeks declaratory relief in that the Court determines that the 2013 Jim
Pepper Native Arts Festival was IN
project in the sole custody and control of
DEFENDANTS the Oregon Cultural Heritage Commission (OCHC) and its President
David Milholland, and that neither myself nor my company 1000 Nations had
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contractual or fiscal authority, and that any and all complaints any third parties may
have had or may have in the future regarding the management or responsibility of the
2013 Jim Pepper Native Arts Festival be properly directed to DEFENDANTS OCHC
and Mr. Milholland.
PLAINTIFF seeks equitable relief and hereby petitions the Court to order
DEFENDANTS to provide:
A. DEFENDANTS' written and published apologies to PLAINTIFF, said
apologies taking full responsibility for the dispute existing between PLAINTIFF
B. That DEFENDANTS be ordered to transmit said apologies and a true
statement of facts regarding the matters in dispute by every means
DEFENDANTS have used to defame PLAINTIFF or PLAINTIFF's business
activities in the past and at the present time, including Facebook and other
social or electronic media.
PLAINTIFF seeks compensatory damages in the amount of:
A. The sum of $ 9,934.00 in unpaid compensation at PLAINTIFF'S reduced rate
of $ 400.00 per week.
B. $ 50,000.00 for lost income, lost clients and other lost economic opportunities
suffered due to DEFENDANTS' gross negligence and/or deliberate wrongful
conduct, plus such other and further relief as this court may deem just and proper.
C. $ 5,000.00 for past, present and future medical expenses PLAINTIFF has
incurred or is likely to incur as a result of DEFENDANTS' conduct plus such other
and further relief as this court may deem just and proper.
D. A letter documenting PLAINTIFF'S 2013 in-kind charitable contribution to
DEFENDANTS' 25-year celebration and the project valued at $ 13,200
(calculated at 36 weeks of work at $ 400.00/week).
PLAINTIFF seeks punitive damages in the amount of $ 150,000.00 plus such other
and further relief as this court may deem just and proper.
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PLAINTIFF seeks compensation for loss of reputation, emotional distress, mental
anguish, loss of enjoyment of life and anxiety PLAINTIFF has suffered as a direct
consequence of DEFENDANTS' actions in the amount of $ 250,000.00 plus such
other and further relief as this court may deem just and proper.
ATTORNEYS' FEES and COURT COSTS
PLAINTIFF petitions the Court for an award of Attorney's fees and other court costs
PLAINTIFF has occurred in bringing this Complaint.
DATED this ______ day of _________________________, 2015.
I declare under penalty of perjury that the
foregoing is true and correct.
SEAN AARON CRUZ
10809 NE FREMONT STREET
PORTLAND, OREGON 97220
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