DISTRICT COURT CIVIL COVER SHEET County, Nevada A-16-746121-c vIn eae No. ‘dein by Cla ie) “TL Party Taformation grote bok home and mating sree afore Plants) (nameladdresipione) ‘Detendanifs) eameladdresipone) Gliven Bundy _ Ruben Kihuen ‘ey oamadripbowe ____Bret Whipple, Esq. (BarNo.8168) 1100'S. Tenth Street, Las Vegas. Nevada 89104 (702) 731-0000: admin@justice-law-center.com Tr, Nature of Controversy, Civil Case Filing Types ase set the one mast aplcable ing yp below) Teal Property Tore Landlord/Tenant ‘Negligence J Other Fores loniavtu Detsinee Dau 1 Larotue ibitiy otter ranatonsenant reise iaity retina isons, Tite to Property [lotic neatisense emptyent Tore lcci! 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Review peat Blonder 2.00 GW ‘her Ci Fing ‘civil Writ ‘Other Chit Fing —_ (lve otaboas Cops LW or Ptisiton Lconprunise of Mino’ Cam ivricoratantams lotr cin wit Foreign deen Crit or ave warant [Blower civ sates ins Cour ngs shui be easing he Business Court cll emvershet 11/2/2016 ass SS i Signature of iting party orrepesenaive Secor se for famed case figs1100 South 10th Street, Las Vegas, Nevada 89104 Phone (702) 731 — 0000 © Fax (702) 974 — 4008 ea wnuaae 10 wn 12 13 4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Electronically Filed 11/03/2016 04:58:42 PM comp : BRET WHIPPLE, ESQ. ice t Bhim Nevada State Bar No. 6168 JUSTICE LAW CENTER ae eae 1100 South 10" Street Las Vegas, Nevada 89104 (702) 731-0000 telephone (702) 974-4008 facsimile admin @justice-law-center.com Attorney for Plaintiff DISTRICT COURT CLARK COUNTY, NEVADA CLIVEN BUNDY, Plaintiff, Case No; A-16-746121-¢ vs. vit Dept. No: RUBEN KIHUEN, in his individual capacity; and DOES I-V and ROE CORPORATIONS LY, inclusive, Defendants, COMPLAINT FOR DAMAGE! liven Bundy, an individual, by and through his attomey of record BRET O. WHIPPLE, ESQ. of JUSTICE LAW CENTER, for his Complaint against the defendants, hereby comp and alleges as follows: Gl NERAL ALLEGATIONS 1 Plaintiff, CLIVEN BUNDY, an individual, is a resident of the County of Clark, State of Nevada, and was so at the time of the acts and events giving rise to this Complaint. 2. Defendant, RUBEN KIHUEN, an individual, is a res lent of the County of Clark,JUSTICE LAW CENTER 1100 South 10th Street, Las Vegas, Nevada 89104 Phone (702) 731 — 0000 © Fax (702) 974 — 4008 ea wnuaae 10 wn 12 13 4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 State of Nevada, and was so at the time of the acts and events giving rise to this Complaint, Defendant Ruben Kihuen caused acts and events to occur in Clark County giving rise to this Complaint. 3. That the hereinabove captioned defendant, Ruben Kihuen, employed, hired, or| ostensibly employed, hired and supervised, whether directly or indirectly, the advertising and advertising content for his campaign and thus, pursuant to the doctrine of respondeat superior and vicarious liability, the employer (in this case the defendant) is responsible for the actions of| his employees, agents, staff, and others for the content and product of such campaign ads, and thus defendant vicariously liable for the actions of defendant’s employees within the scope of| employment, and therefore the true names and capacities, whether individual, corporate, associates, partnership, or otherwise of DOES and ROE CORPORATIONS, said Defendants are unknown to Plaintiff who therefore sues said Defendants by such fictitious names 4, The true names and capacities, whether individual, corporate, associates, partnership, or otherwise of DOE and ROE CORPORATION Defendants are unknown to Pk iff who therefore sues said Defendants by such fictitious names. Plaintiff is informed and| believes and thereon alleges that each Defendant designates as DOE and/or ROE CORPORATION ble in some manner for the offense and happenings referred to in| respons this action and proximately caused the damages to Plaintiff'as herein alleg 5. That Defendant, and each of them, personally caused and/or caused through their agents slanderous and/or libelous statements concerning Plaintiff. FACTUAL -ATIONS 6. That Bundy has been a resident in Clark County, Nevada for his entire life, wherein his family has owned and operated a ranch (hereinafter, “Bundy Ranch”) inJUSTICE LAW CENTER 1100 South 10th Street, Las Vegas, Nevada 89104 Phone (702) 731 — 0000 © Fax (702) 974 — 4008 ea wnuaae 10 wn 12 13 4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Bunkerville, Nevada for several generations. 1. Plaintiff had been in a dispute with the Bureau of Land Management regarding alleged grazing rights and fees at the Bundy Ranch. 8 Plaintiff supported the local government and encouraged the Clark County Sheriff's Department to assist in the resolution of the peaceful protest. 9. In April 2014, a peaceful protest commenced in Bunkerville, Nevada when the federal government attempted to seize Plaintiff's cattle and force Bundy to vacate alleged federal land. The government chose to leave the ranch as a result of the peaceful protest. 10. On June 8, 2014, an armed civilian and two police officers were gunned down in North Las Vegas, Nevada by Jerad and Amanda Miller. The couple died in the shootout with officers. Throughout investigation of the case, it was revealed the couple had travelled to the Bundy Ranch from Oklahoma to participate in the protest. However, the individuals never met or spoke with Plaintiff and were forced away from the group as they appeared to be a threat to the participants of the protest 11, On February 17, 2016, Cliven Bundy was federally indicted in a 16-count indictment in the United States District Court, District of Nevada for alleged misconduct that occurred at the Bundy Ranch during the April 2014 protest. 12. On October 24, 2016, Bundy became aware that political attack-ads in the forms of televised commercials and maili ig flyers had been distributed to individuals in Clark County. Nevada and throughout all contested republican districts throughout Nevada. 13, That these attack-ads were apparently aired and distributed for the benefit of congressional candidate, Ruben Kihuen, These ads were distributed by himself and his agents working in conjunction with Defendant. 14. The attack-ads distributed by Ruben Kihuen included false claims, that wereJUSTICE LAW CENTER 1100 South 10th Street, Las Vegas, Nevada 89104 Phone (702) 731 — 0000 © Fax (702) 974 — 4008 ea wnuaae 10 wn 12 13 4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 wrongfully and/or intentionally reported as “facts” regarding Plaintiff which were known to be false by the Defendant at the time the ads were aired and sent to countless individuals throughout Clark County, Nevada and in all contested election districts throughout Nevada. 15, Specifically, one of the advertisements distributed by Ruben Kihuen claims Bundy’s dispute with Federal Agents over his cattle grazing on Bundy Ranch “led to the deaths of the two Las Vegas police officers.” 16. That this factual assertion is false, that the Defendant knew it was false and/or negligently published and aired information he should have known to be false, and that this factually inaccurate publication damaged the Plaintiff's reputation and has additionally, damaged him financially. FIRST CLAIM FOR RELIEF (Defamation) 17. Plaintiff repeats and realleges each and every allegation set forth above as through each were set forth herein. 18. On or before October 24, 2016, Defendant and his agents published and/ or allowed an advertisement to be published stating specifically, Bundy’s dispute with Federal Agents over his cattle grazing on Bundy Ranch “led to the deaths of two Las Vegas police officers.” 19, ‘The mailer referred to Plaintiff by name throughout, was made of and concerning Plaintiff, and was so understood by countless members of the Clark County, Nevada community and in all contested districts throughout Nevada who read or saw the mailers and advertisement, 20, The entire statement declaring the Bundy Ranch protest “led to the deaths of two Las Vegas police officers” is false as it pertains to Plaintiff in its entirety 21. That the above-mentioned statements made by Defendant and/or his agents were inJUSTICE LAW CENTER 1100 South 10th Street, Las Vegas, Nevada 89104 Phone (702) 731 — 0000 © Fax (702) 974 — 4008 ea wnuaae 10 wn 12 13 4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 fact false and that Defendant and his agents knew they were false or should have known they were false except for Defendant's reckless disregard for the truth, 22. The mailer is libelous on its face. It clearly exposes Plaintiff to hatred, contempt, ridicule and obloquy because it insinuates that the Plaintiff orchestrated and promoted the disgraceful and disgusting acts of the killing of two local law enforcement officers. 23. The mailers were read on or about October 24, 2016 by potentially thousands of residents throughout Clark County, Nevada and in all the contested election districts throughout Nevada as the advertisement and mailings were distributed through the United States Postal Service and aired on all major broadcasting networks. 24, By means of the defamatory communication by Defendant, Plaintiff had been injured in good name, reputation and credit as a community activist all to Plaintif?"s damage in an amount to be determined at trial. 25. The mailer was not privileged because it was published by Defendant and/ or Defendant's agents with malice, hatred and ill will toward Plaintiff and with the desire to injure him. The defamatory communication with actual malice and with wrongful and willful intent to injure the Plaintiff. 26, Because of the willful and malicious defamatory communications by Defendant and his agents, Plaintiff is entitled to recover exemplary and punitive damages in an amount to be determined at trial. OF AC (Defamation) 27. Plaintiff repeats and realleges each and every allegation set forth above as through cach were set forth herein. 28. On or before October 24, 2016, Defendant participated in and he and his agentsJUSTICE LAW CENTER 1100 South 10th Street, Las Vegas, Nevada 89104 Phone (702) 731 — 0000 © Fax (702) 974 — 4008 wn 12 13 4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 allowed an advertisement to be aired on all major broadcasting networks throughout Nevada stating specifically, Bundy’s dispute with Federal Agents over his cattle grazing on Bundy Ranch “ed to the deaths of two Las Vegas police office 29, Plaintiff supported the local government and encouraged the Clark County Sheriff's Department to assist in the resolution of the peaceful protest. 30, The televised advertisement aired a photograph of Plaintiff and referred to Plaintiff by name and was so understood by countless members of the Clark County, Nevada community who have viewed the televised advertisement. 31. The entire statement in the televised advertisement declaring the Bundy Ranch protest “led to the deaths of two Las Vegas police officers” is false as it pertains to Plaintiff in its entirety, 32. That the above-mentioned statements made by Defendant and/or his agents were in fact false and that Defendant and his agents knew they were false or should have known they were false except for Defendant's reckless disregard for the truth, 33. The televised advertisement is libelous on its face. It clearly exposes Plaintiff to hatred, contempt, ridicule and obloquy because it insinuates that the Plaintiff’ conspired, orchestrated and promoted the disgraceful and disgusting acts of the killing of two local law enforcement offic: 34, The televised advertisement was seen beginning in October 2016 and has continually been aired both on television and on Defendant's website. The advertisement has been viewed by potentially millions of residents throughout Clark County, Nevada and in all contested districts throughout the State of Nevada. 35. By means of the defamatory communication by Defendant, Plaintiff had been injured in good name, reputation and credit as a community activist all to Plaintiff's damage inJUSTICE LAW CENTER 1100 South 10th Street, Las Vegas, Nevada 89104 Phone (702) 731 — 0000 © Fax (702) 974 — 4008 ea wnuaae 10 wn 12 13 4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 an amount to be determined at trial. 36. The televised adver sment was not privileged because it was aired by Defendant hatred and ill will toward Plaintiff and with the desire and/ or Defendant's agents. with mali to injure him. The defamatory communication with actual malice and with wrongful and willful intent to injure the Plaintiff. 37. Because of the willful and malicious defamatory communications by Defendant and his agents, Plaintiff is entitled to recover exemplary and punitive damages in an amount to be determined at trial. THIRD CAUSE OF ACTION (Defamation Per Se) 38, Plaintiff repeats and realleges each and every allegation set forth above as through each were set forth herein. 39. Onor before October 24, 2016, Defendant and his agents published and/or allowed an advertisement to be published s ting specifically, Bundy’s dispute with Federal Agents over his cattle grazing on Bundy Ranch “led to the deaths of two Las Vegas police officers.” 40. Plaintiff supported the local government and encouraged the Clark County Sheriff's Department to assist in the resolution of the peaceful protest. 41, The mailer ref ed to Plaintiff by na ne throughout, was made of and concerning Plaintiff, and was so misunderstood by countless citizens of the community of Clark County, Nevada and in all contested districts throughout Nevada who read or saw the mailers. 42. The entire statement declaring the Bundy Ranch protest “led to the deaths of two Las Vegas police officers” is false as it pertains to Plaintiff in its entirety. 43. The statement wrongly insinuates that Plaintiff committed a criminal offense. Specifically, the statement intimates that Plaintiff conspired, orchestrated and planned theJUSTICE LAW CENTER 1100 South 10th Street, Las Vegas, Nevada 89104 Phone (702) 731 — 0000 © Fax (702) 974 — 4008 ambush attack of the Las Vegas Metropolitan Police Department with the individuals that committed such offense. 44, The televised advertisement a red a photograph of Plaintiff and referred to Plaintiff by name and was so understood by countless members of the Clark County, Nevada community who have viewed the televised advertisement. 43, The entire statement in the televised advertisement declaring the Bundy Ranch protest “led to the deaths of two Las Vegas police officers” is false as it pertains to Plaintiff in entirety. 46. ‘The statement wrongly insinuates that Plaintiff committed a criminal offense. Specifically, the statement intimates that Plaintiff conspired, orchestrated and planned the ambush attack of the Las Vegas Metropolitan Police Department with the individuals that committed such offense. 47. That the above-mentioned statements made by Defendant and/or his agents were in fact false and that Defendant and his agents knew they were false or should have known they were false except for Defendant’s reckless disregard for the truth, 48. Moreover, that on or before October 24, 2016, Defendant participated in and he and his agents allowed an advertisement to be aired on all major broadcasting networks throughout Nevada stating specifically, Bundy’s dispute with Federal Agents over his cattle grazing on Bundy Ranch “led to the deaths of two Las Vegas police officers.” 49. The televised advertisement is libelous on its face. It clearly exposes Plaintiff to hatred, contempt, ridicule and obloquy because it insinuates that the Plaintiff conspired, orchestrated and promoted the disgraceful and disgusting acts of the killing of local law enforcement officers. 50. The televised advertisement was aired beginning in October 2016 and hasJUSTICE LAW CENTER 1100 South 10th Street, Las Vegas, Nevada 89104 Phone (702) 731 — 0000 © Fax (702) 974 — 4008 ea wnuaae 10 wn 12 13 4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 continually been aired both on television and on Defendant’s website. The advertisement has been viewed by potentially thousands of residents throughout Clark County, Nevada and in all contested districts throughout the State of Nevada. 51, That the above-mentioned statements made by Defendant and/or his agents were in fact false and that Defendant and his agents knew they were false or should have known they were false except for Defendant’s reckless disregard for the truth, 52. The mailer is libelous on its face. It clearly exposes Plaintiff to hatred, contempt, ridicule and obloquy because it insinuates that the Plaintiff orchestrated and promoted the disgraceful and disgusting acts of the killing of local law enforcement officers. 53. The mailers were read on or about October 24, 2016 by potentially millions of residents throughout Clark County, Nevada and in all the contested districts throughout Nevada. 54, By means of the defamatory communication by Defendant, Plaintiff had been injured in good name, reputation and credit as a community activist all to Plaintiff's damage in an amount to be determined at trial. 55. The mailer was not privileged because it was published by Defendant and/or Defendant's agents. with malice, hatred and ill will toward Plaintiff and with the desire to injure him, The defamatory communication with actual malice and with wrongful and willful intent to injure the Plainti 36, Because of the willful and malicious defamatory communications by Defendant and his agents, Plaintiff is entitled to recover exemplary and punitive damages in an amount to be determined at trial,JUSTICE LAW CENTER 1100 South 10th Street, Las Vegas, Nevada 89104 Phone (702) 731 — 0000 © Fax (702) 974 — 4008 ea wnuaae 10 wn 12 13 4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FOURTH CAUSE OF ACTION (Defamation Per Se) 57. Plaintiff repeats and realleges each and every allegation set forth above as through each were set forth herein. 58. On or before October 24, 2016, Defendant participated in and he and his agents allowed an advertisement to be aired on all major broadcasting networks throughout Nevada stating specifically, Bundy’s dispute with Federal Agents over his cattle grazing on Bundy Ranch “led to the deaths of two Las Vegas police office 59. Plaintiff supported the local government and encouraged the Clark County Sheriff's Department to assist in the resolution of the peaceful protest. 60. The televised advertisement aired a photograph of Plaintiff and referred to Plaintiff by name and was so understood by countless members of the Clark County, Nevada community who have viewed the televised advertisement, 61 The entire statement in the televised advertisement declaring the Bundy Ranch protest “led to the deaths of two Las Vegas police officers” is false as it pertains to Plai its entirety, 62, The statement wrongly insinuates that Plaintiff committed a criminal offense. Specifically, the statement intimates that Plaintiff conspired, orchestrated and planned the ambush attack of the Las Vegas Metropolitan Police Department with the individuals that committed such offense. 63, That the above-mentioned statements made by Defendant and/or his agents were in fact false and that Defendant and his agents knew they were false or should have known they were false except for Defendant's reckless disregard for the truth.JUSTICE LAW CENTER 1100 South 10th Street, Las Vegas, Nevada 89104 Phone (702) 731 — 0000 © Fax (702) 974 — 4008 ea wnuaae 10 wn 12 13 4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 64, The televised advertisement is libelous on its face. It clearly exposes Plaintiff to hatred, contempt, ridicule and obloquy because it insinuates that the Plaintiff conspired, orchestrated and promoted the disgraceful and disgusting acts of the killing of local law enforcement officers 65. The televised advertisement was seen beginning in October 2016 and has continually been aired both on television and on Defendant’s website. The advertisement has been viewed by potentially millions of residents throughout Clark County, Nevada and in all contested districts throughout the State of Nevada. 66. By means of the defamatory communication by Defendant, Plaintiff had been injured in good name, reputation and credit as a community activist all to Plaintiff's damage in ‘an amount to be determined at trial 67. The televised advertisement was not privileged because it was aired by Defendant and/ or Defendant's agents. with malice, hatred and ill will toward Plaintiff and with the desire to injure him, The defamatory communication with actual malice and with wrongful and willful intent to injure the Plaintiff. 68. Because of the willful and malicious defamatory communications by Defendant and his agents, Plaintiff is entitled to recover exemplary and punitive damages in an amount to be determined at trial. 1 For an award of compensatory damages in an amount to be proven at trial, but in any event in excess of $20,000.00. 2 For an award of punitive or exemplary damages in an amount to be proven at trial, but in any event in excess of $20,000.00.JUSTICE LAW CENTER 1100 South 10th Street, Las Vegas, Nevada 89104 Phone (702) 731 — 0000 © Fax (702) 974 — 4008 3. For an award of attorney fees, court costs and expert witness fees incurred in connection herewith; and 4. For such other and further relief as the Court deems just and appropriate. For the Second Cause of Action For an award of compensatory damages in an amount to be proven at trial, but in any event in excess of $20,000.00. 2. For an award of punitive or exemplary damages in an amount to be proven at trial, but in any event in excess of $20,000.00. For an award of attomey fees, court costs and expert witness fees incurred in connection herewith; and 4 For such other and further relief as the Court deems just and approp) For the Third Cause of Action 1 For an award of compensatory damages in an amount to be proven at trial, but in any event in excess of $20,000.00 2. For an award of punitive or exemplary damages in an amount to be proven at trial, but in any event in excess of $20,000.00. 3 For an award of attomey fees, court costs a fees incurred in connection herewith; and 4 For such other and further relief as the Court deems just and appropriate. For the Fourth Cause of Action 1. For an award of compensatory damages in an amount to be proven at trial, but in any event in excess of $20,000.00. 2 For an award of punitive or exemplary damages in an amount to be proven at trial, but in any event in excess of $20,000.00. -12-1100 South 10th Street, Las Vegas, Nevada 89104 Phone (702) 731 — 0000 © Fax (702) 974 — 4008 ea wnuaae 10 wn 12 13 4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ks For an award of attorney fees, court costs and expert witness fees incurred in connection herewith; and 4. For such other and further relief as the Court deems just and appropriate. -13- JUSTICE LAW CENTER /s/ Bret Whipple BRET WHIPPLE, ESQ. Nevada State Bar No. 6168 1100 South 10" Street Las Vegas, Nevada 89104 (702) 731-0000 telephone (702) 974-4008 facsimile admin @justice-law-center.com Attorney for Plaintiff10 " 2 13 14 18 16 7 18 19 21 2 26 25 ar 1AFD Bret Whipple, Esq. Bar No. 6168 JUSTICE LAW CENTER 1100 S. Tenth Street Las Vegas, Nevada 89104 (702) 731-0000 DISTRICT COURT CLARK COUNTY, NEVADA Cliven Bundy, Plainti(s), CASE NO. -vs- DEPT. NO. Ruben Kiheun, in his individual capacity; and DOES I-V and ROE CORPORATIONS L-V, Defendant(s). INITIAL APPEARANCE FEE DISCLOSURE (NRS CHAPTER 19) Pursuant to NRS Chapter 19, as amended by Senate Bill 106, filing fees are submitted for parties appearing in the above entitled action as indicated below: New Complaint Fee 1 Appearance Fee (1 $1530L] ss20L] $299 x $270.00 | (1) $1483.00L] $473.00L] $223.00 Name: Cliven Bundy 11330. 0830 1830 D1 Total of Continuation Sheet Attached Os__ TOTAL REMITTED: (Required) Total Paid $ 270.00 DATED this 3" day of November, 2016. Js/ Bret Whipple. Initial Appearance Fee Disclosure (2)'1/3/2014