Case 2:05-cv-00078-JPB Document 1 -2 Filed 1 0/07/2005 Page 1 of 1 4 7 CIVIL CASE INFORMATION STATEMENT CIVIL CASES (Other than Domestic Relations) In the Circuit' Court of Tucker County, West Virginia I. CASE STYLE: Plaintiff(s): Susan Haywood P.O. Box 147 Davis, WV 26260 vs. Defendant (s): CaseNo.0^-C-3y Judge: -i-L ^^ .-■■-'^ '^'*' Days to Answer Type of Service o> -o o i-:,. O y^ USA Cycling J Inc. 1 Olympic Plaza Colorado Springs, CO 80909 30 Secretary of State ( Original and two copies of petition furnished herewitib. CA-C100.2/lof2 EXHIBIT Case 2:05-cv-00078-JPB Document 1 -2 Filed 1 0/07/2005 Page 2 of 1 4 PLAINTIFF(S): Susan Haywood DEFENDANT(S): USA Cycling, Inc. n. ( I TYPE OF CASE: General Civil □ Mass Litigation (As defined in T.C.R. Rule XIX (c Asbestos Cmpal Tunnel Syndrome Diet Drugs Environmental Industrial Hearing Loss Silicone Implants Other: a a D a n n a D D D D D Adoption Administrative Agency Appeal Civil Appeal from Magistrate Coxirt Miscellaneous Civil Petition Mental Hygiene Guardianship Medical Malpractice a Habeas Corpus/Other Extraordinary Writ Other: in. JURY DEMAND: YES nNo CASE WILL BE READY FOR TRIAL BY (MONTHA^AR) July 2006 IV. DO YOU OR ANY OF YOUR CLIENTS OR WITNESSES IN THIS CASE REQUIRE SPECL\L ACCOMMODATIONS DUE TO A DISABILITY OR AGE? n YES HNO IF YES, PLEASE SPECIFY: n Wheelchair accessible hearing room and other facilities D Interpreter or other auxiliary aid for the hearing impaired D Reader or other auxiliary aid for the visually impaired D Spokesperson or other auxiliary aid for the speech impaired D Other: Attorney Name: John W. Cooper, Esq. W.Va.BarID#822 Firm: Cooper, Preston & Douglas, PLLC Address: P.O. Box 365, Parsons, WV 26287 Representing: Plaintiff D Defendant D Cross-Complaint D Cross-Defendant e: 304s478-4600 Atlfo/ney Name: William D. Wilmoth, Esq. W. Va. Bar ID #4075 Firm: Steptoe & Johnson, PLLC WV Telephone: 304-231-0456 Case 2:05-cv-00078-JPB Document 1 -2 Filed 1 0/07/2005 Page 3 of 1 4 Dated: n ,9oa 5 D Proceeding Without an Attorney SCA-C100.02/2of2 r ignature <^^HO ( A TRUE COPY: ATTEST: 3/DONNA JEAN BAVA. CLERK ClRCUiT COURT OF TUCKER COUNTY. WV ^ ' m^ ^My^.^TJ^ ^ --j?^ ^ -- y^^ DEPUTY ( ( Case 2:05-cv-00078-JPB Document 1 -2 Filed 1 0/07/2005 Page 4 of 1 4 IN THE CIRCUIT COURT OF TUCKER COUNTY, WEST VIRGINIA SUSAN HAYWOOD, PLAINTIFF, vs. CivihActioii No. SS^C - 3 ^ USA CYCLING, INC., a non-resident corporation, DEFENDANT. -"-."^ i\ cP 1 r A - ' --.'^ ^ i^ fr\ O o L COMPLAINT For her Complaint, Susan Haywood avers and says as follows: Susan Haywood is a 33 year old resident of Davis, Tucker County, West Virginia, For a ^^ number of years prior to July, 2004, she trained and competed as an alhlete in women's mountain bike competition witiiin and without the State of West Virginia, and elsewhere within and without the United States. Her purpose and ultimate goal in such training and competition was to become an Olympian representing the United States of America at the 2004 Olympics held in Athens, Greece beginning in August, 2004. 2. The Defendant, USA Cycling, Lie, is the ofScial cycling organization in the United States of American recognized by tfie United States Olympic Committee (USOC), and the Defendant is responsible for identifying, training and selecting cyclists to represent the United States in intemational competitions, including the Olympics which are held every four years. USA Cycling, doing business as the United States Cycling Federation (USCF), National Off- Road Bicycle Association (NORBA), and United States Professional Racing Organization 1 Case 2:05-cv-00078-JPB Document 1 -2 Filed 1 0/07/2005 Page 5 of 1 4 ( (USPRO)j controls nearly two dozen major events each year and issues permits for up to 3,000 more. The principal place of business of said corporation is One Olympic Plaza, Colorado Springs, CO 80909-5775, 3. Defendant holds itself out to the public and mountain bike competitors as one of a family of organizations that promote and govern different disciplines of the sport, and that work as one to build the sport of bicycle racing, assist with athlete development and sustain international competitive excellence. 4. USA Cycling, hic, reports that it was first organized in 1920 as the Amateur Bicycle League of America and was incorporated in New York in 1921 . hi 1975, the name was changed to the United States Cycling Federation. In 1995, a new organization, USA Cycling, was incorporated in Colorado, and on July 1, 1995, the two corporations merged, with USA Cycling , Lie, being the umbrella corporation, 5. hi the Amended and Restated Articles of Incorporation of USA Cyclmg, Inc., which were made effective January 1 , 2002, the following language is found in Article II, Sections 2 and 3: "Section 2. ( The supreme purpose of the Corporation shall be the preservation, development, and administration of the sport of bicycle racing with the United States of America, Sections. The Corporation, principally through the activities of its Associations, shall: Part I . Conduct, coordinate, and seek the advancement of competitive bicyle racing. Part 2. Establish rules governing the conduct of bicycle races to ensure fair competitions and to prevent frauds. Part 3. Conduct or participate in programs to assist riders in the development of their competitive skills and to ensure safe competition. Part 4, Conduct National Championships and select or recommend teams to represent the United States of America in Intemational and Olympic competition. Part 5, Represent the sport of bicycle racing in the United States of America to other national, intemational, and Olympic sports organizations. 2 Case 2:05-cv-00078-JPB Document 1 -2 Filed 1 0/07/2005 Page 6 of 1 4 ( { Part 6. Act as the repository for all certified and approved records pertaining to the sport. Part 1. Seek to uphold the rights and interests of cyclists and to communicate these interests to governmental authorities and to tfie general public. Part 8. Be organized to provide fair representation, directly or by affiliation, for all individuals and organizations that participate in the sport." 6. Plaintiff participated in a number of mountain bike races firom July, 2003, through July, 2004, in order to qualify herself to be the female representative of the United States Olympic Team in the Olympics to be held in Athens, Greece, commencing in August, 2004. To that end she entered a number of regional, national, and international events which were sponsored or sanctioned by USA Cycling, Inc., the results of which were to be obtained and maintained by it in its repository of records, and then, for it to submit the same to the Intemational Cycling Union (UCI) in Aigle, Switzerland. 7. Defendant had a duty to Susan Haywood and to all other competitors in its sponsored and sanctioned mountain bike racing competitions to secure the results from each event, file and maintain the same in its repository of records and information, and to submit the results to UCI, the intemational sanctioning and ranking governing authority and race results repository. 8. In order for Susan Haywood and other United States Olympic hopeful competitors, the results of all races entered in the calendar year 2003, were required to be filed and submitted by USA Cycling, Inc., with UCI on or before December 3 1 , 2003. 9. USA Cycling, Inc., negligently and carelessly failed to obtain, secure, file, and record the finish of Susan Haywood at a sanctioned race at Sand Point, Idaho, held in July, 2003 . Her finish at that race entitled her to 1 5 points in the points totals which were used to determine the female athlete who would be selected to represent the United States of America in the aforesaid 2004 Olympic competition. Moreover, USA Cycling, Inc., negligently and carelessly failed to file and 3 Case 2:05-cv-00078-JPB Document 1 -2 Filed 1 0/07/2005 Page 7 of 1 4 ( submit the Sand Point race results to the UCI prior to December 3 1 , 2003. 10. USA Cycling, Inc., also negligently and carelessly fmled in the calendar year 2004 to alert or advise Susan Haywood that the Sand Point race results could not be used in determining the selection of the Olympic candidacy and, instead, advised her that her points would be submitted and considered. Consequently, Susan did not enter additional competitions that would have yielded her additional points. 11. On July 16, 2004, USA Cycling, Inc., announced to Susan Haywood and to the world that she had been selected and nominated by it to represent the United States of America in the 2004 Olympic Games in Athens, Greece, as the female competitor in mountain bike racing. USA Cycling, Inc., announced that Susan Haywood had accumulated 1489 points to the 1488 points accumulated by her nearest competitor, Mary McConneloug, The 15 Sand Point race points were included in that total. 12. Thereafter, Mary McConneloug challenged the nomination in an arbitration proceeding filed against USA Cycling, Inc., (to which Plaintiff was not a direct party, but in which she was permitted to participate and offer evidence) and the arbitrator reversed the nomination and ordered that it be given to Mary McConneloug. In his decision, the arbitrator made the following finding of fact: tc 32. It is unfortxmate that Ms. Haywood has to bear the burden of USACycling's errors. She legitimately earned the 15 points at the Sandpoint race, and she apparently expected that those 1 5 points would always be added to her totals in the UCI rankings. However, both she and Ms. McConneloug were operating in an atmosphere of some uncertainty created by USA Cycling's actions, and there is no way to know what actions either of them might have taken, and what the final points totals would have been, if USA Cycling had clearly and unambiguously notified them and the other riders of its intentions to correct the UCI rankings. While Ms. Haywood sadly bears the brunt of this decision, she 4 Case 2:05-cv-00078-JPB Document 1 -2 Filed 1 0/07/2005 Page 8 of 1 4 and all other athletes will benefit if this decision leads to USA Cycling and other national governing bodies issuing clearerj more transparent procedures that allow athletes to compete on a level and open playing field." 13. Defendant negligently and carelessly failed to disclose clear and unambiguous procedures and directives to Susan Haywood which would have permitted her to protect her ranking status both before and after December 3 1 , 2003. 14. Defendant negligently and carelessly violated its own stated purposes fovmd in Parts 1, 2 4, 5, 6, and 7 of Section 3 of Article 2 of its Amended and Restated Articles of Incorporation of USA Cycling, hic, which were made effective January 1, 2002, and which separately and in combhiation (1) impacted the race results data collection, storage, and submission to UCI ; (2) impacted the rankings of female mountain bike riders and competitors in the United States including Susan Haywood; (3) impacted the eligibility and selection process of female mountain bike riders and competitors in the United States including Susan Haywood to qualify as the United States nominee to the 2004 Olympics held in Athens, Greece; and denied Susan Haywood fair representation and a fair opportunity to be selected as the valid Olympic nominee for the said Olympic Games. 14. As a direct and proximate result of the negligence and carelessness of Defendant, Susan Haywood has suffered severe embarrassment, humiliation, and mental angmsh after first being nominated to represent the United States of America in the 2004 Olympic Games and then shortly thereafter being deprived of the right to participate. These general damages have not been calculated as theamountthereof will be determined by a jury of Plaintiffs peers. 15. As a further direct and proximate result of the negligence and carelessness of USA Cycling, Inc., Susan Haywood has suffered actual out-of-pocket special damages in a variety of 5 Case 2:05-cv-00078-JPB Document 1-2 Filed 10/07/2005 Page 9 of 14 \ venues and competitions directly related to her quest to qualify as an Olympian in amounts not fully calculated, and has incurred expenses for counsel fees and expenses related to the arbitration proceedings and subsequent court challenge in 2004. Those out-of-pocket special damages total a sum in excess of $25^000.00. Moreover, by competing in events that could be counted for UCI and Olympic ranking and eligibility purposes, she dechned entry in other races which were not counted in UCI rankings but which would have netted for her prize money m amounts not presently determined. Hence, she suffered additional damages as a consequence of the negligence and carelessness of Defendant. { 16. As a further direct and proximate result of the negligence and carelessness of USA Cycling, Inc., Susan Haywood has suffered loss of earning capacity and prestige, as well as a loss of financial and personal emoluments and endorsements which accompany selection as an Olympian all to her damage in amounts not yet calculated. 17 USA Cycling, Inc., on repeated occasions (both prior to, and during the period of time which is the subject of this lawsuit) (1) has engaged in the business of promoting, advertising, and sanctioning competitive bicycling races within the State of West Virginia; (2) has received license applications firom racers at competitive races held within the State of West Virginia; (3) has issued licenses to bicycling racers who are residents of West Virginia, including tiie Plaintiff; and (4) has established the rules for sanctioned competitive bicycling races held within the State of West Virginia. Defendant has derived substantial income ftom the foregomg. Wherefore, Plaintiff demands judgment against USA Cycling, Inc., in such amounts as a jury finds will fully and fairly compensate her for the injuries and damages she has suffered as described generally herein and for her costs in this proceeding, together with such pre-judgment and post-judgment interest as is permitted by West Virginia law. Plaintiff demands a trial by '4 6 Case 2:05-cv-00078-JPB Document 1 -2 Filed 1 0/07/2005 Page 1 of 1 4 ( John W. Cooper West Virginia Lawyer I.D. No. 822 Cooper, Preston & Douglas, FLLC P.O. Box 365 Parsons, West Virginia 26287 304-478-4600 jcooperfflimountain.net YWOOD Counsel BY : It^y'lii^ Counsel ( William D. Wilmoth West Virginia Lawyer LD. No. 4075 Steptoe & Johnson, PLLC P.O. Box 751 Wheeling, WV 26003-0751 304-231-0456 wilmotwfgi steptoe-johnson.com A TRUE COPY: ATTEST: S/DONNA JEA^j BAVA, CLERK _,,,„, RCUIT COURT OF TUCKER COUNTY. WV /^^ rtln^T <■! f DEPUTY 7 Case 2:05-cv-00078-JPB Document 1 -2 Filed 1 0/07/2005 OFFICE OF THE SECRETARY OF STATE STATE OF WEST VIRGINIA Page 11 of 1 4 03 SEP 19 AHtO:25 Betty Ireland Secielaxy of State Biiadingl, Suite 157-K 1900 Kanawha Blvd., East Charleston, West Vhrghiia 253 Telephone: 304-558-6000 Toll Free: 866-SOS-VOTE www.wvsosxom LEGAL NOTICE Donna Jean Bava, Circuit Clerk Tucker County Courthouse 215 First Street, Suite 2 Parsons, WV 26287-0267 I am enclosing: sununons 1 1 notice order petition motion interrogatories suggestions subpoena duces tecum summons and complaint 3rd party summons and complaint sununons returned from post office certified return receipt i— original — affidavit September 15,2005 Civil Action: 05-C-34 answer cross-claim counterclaim request demand default judgement complaint notice of mechanic's lien suggestee execution summons and amended complaint which was served on the Secretary at the State Capitol in her capacity as your statutory attorney-in-fact. According to law, I have accepted service of process in the name and on behalf of USA Cycling Inc.. ( . Please note that this office has no connection whatsoever with the enclosed documents other than to accept service of process in your name andonyour behalf as your attorney-in-fact. Please address any questions about these documents directly to the court or to theplantiffs attorney, shown in the enclosed paper. Please do not call the Secretary ofState*s office. Sincerely, Vicki Haught Manager A TRUE COPY: ATTEST: S/DONNA JEAiN! BAVA, CLERK GiaCUiT COURT OF TUCKER COUNTY WV c ^ DEPUTY S-^*^! -*-■ Case 2:05-cv-00078-JPB Document 1 -2 Filed 1 0/07/2005 Page 1 2 of 1 4 Susan Haywood SUMMONS w .Secretary of State CIRCUIT COURT OF TUCKER COUNTY, W] sSn k ^^"^ List Of Services Plaintiff "^ - ^ ^'^^ k'^lin iE0;M Total; $26.eB ^^ Rayaent Debails: \ Donna Jean Bava ^ r ^ . O^i^^fl^i Transaction Date: 05/85/2885 USA Cycling, Inc. Defendant Thank You For Youi* Business! To the above named Defendant: IN THE NAME OF THE STATE OF WEST VIRGINIA You are hereby sunnmoned and required to serve upon John W, Coope address is P,0. Box 365, Parsons, WV 26287 an answer, including any related counterciaim or defense you may have, to the complaint filed against you in the above styled civil action, a true copy of which is herewith delivered to you. You are required to serve your answer within 30 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint and you will be thereafter barred from asserting in another action any claim you may have which must be asserted by counterclaim in the above styled civil action. ) Dated 9/7/2005 ^■T'pfi^ Cleoy^y Sd/^ CLERK OF THE COURT Su!^.>^^^.^h^ ATRUECOPV: ATTEST S^DOMNA JEAN EAVA, CLERK CiBGUlT COURT OF TUCKER COUNTy; WV /C^Y^^ fJ.M t w^^r^m/^-^^amrmm w J i ^5:^ DEPUTY Case 2:05-cv-00078-JPB Document 1 -2 Filed 1 0/07/2005 Page 1 3 of 1 4 ( a, o at E o O o o CO CO CO mm im 40 ms 3MS :iO M3H0]; :;S Se:iIHy 8-d3SK ^A"^,^. /^ ". A TRUE COPY: ATTEST; S/DONNA JEAN BAVA, CLERK CIRCUiT COURT OF TUCKER COUNTY, WV lk/f%J DEPUTY Case 2:05-cv-00078-JPB Document 1 -2 Filed 1 0/07/2005 Page 1 4 of 1 4 CERTIFICATE OF SERVICE I hereby certify that the foregoing DEFENDANT'S NOTICE OF REMOVAL was served upon Plaintiffs counsel by placing a copy of the same in the U.S. Mail, postage prepaid, on the f^ day of October, 2005, to the following: John W. Cooper, Esq. Cooper, Preston & Douglas, PLLC P.O. Box 365 Parsons, WV 26287 and William D. Wilmoth, Esq. Steptoe & Johnson, PLLC P.O. Box 751 Wheeling, WV 26003-0751 C\msel for Defendants' William A. Kd WV State Bar No. 2087 Richard N. Beaver, Esq. WV State Bar No. 6864 PHILLIPS, GARDILL, KAISER & ALTMEYER, PLLC 61 Fourteenth Street Wheeling, WV 26003 T: (304)232-6810 F: (304)232-4918 Email: wi 1 1 i amkol ib ash®, p gka.com 5