Trump v Andres

20542867v.1

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

TRUMP OLD POST OFFICE LLC,

1100 Pennsylvania Ave NW Washington, DC 20004

Plaintiff,

v. Case No.:

TOPO ATRIO LLC,

717 D Street NW, 6th

Floor

Washington, D.C. 20004

and

THINKFOODGROUP LLC

717 D Street NW, 6th

Floor


Defendants.

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Case No. 15-1238

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COMPLAINT

Plaintiff Trump Old Post Office LLC (Landlord), by its undersigned counsel, files this

complaint, asserting claims for breach of contract, action on a guarantee, and attorneys fees against

defendants Topo Atrio LLC (Tenant) and ThinkFoodGroup LLC (Guarantor) arising from

Tenants breach and ultimate abandonment of its obligations under the sublease it had entered into

for certain restaurant space at the Trump International Hotel, The Old Post Office, Washington D.C.

As a result of Tenants breach, on July 17, 2015, Landlord notified Tenant that it was in default

under the sublease. On July 31, 2015, Landlord terminated and canceled the sublease following

Tenants failure and refusal to cure its default. Landlord now seeks to recover monetary damages

against both Tenant and Guarantor pursuant to the terms of the sublease and guarantee.

Case 1:15-cv-01238 Document 1 Filed 07/31/15 Page 1 of 13

2 20542867v.1

JURISDICTION AND VENUE

1. The Court has jurisdiction over this action pursuant to 28 U.S.C. 1332. There is

complete diversity of citizenship between plaintiff and defendants, and the amount in controversy

exceeds the sum of $75,000, exclusive of interest and costs.

2. Venue is proper pursuant to 28 U.S.C. 1391 because one or more defendants reside

in this district, the conduct complained of occurred in this district, and the property that is the

subject of this complaint is located in this district.

PARTIES

3. Landlord is a limited liability company whose members are citizens of Delaware and

New York.

4. Tenant is a limited liability company whose members, on information and belief, are

citizens of Washington, D.C.

5. Guarantor is a limited liability company whose members, on information and belief,

are citizens of Washington, D.C.

FACTS

6. Pursuant to an August 8, 2013 master ground lease (the Master Lease) with the

United States of America General Services Administration, Landlord leases the building located

at 1100 Pennsylvania Avenue NW, Washington, D.C. commonly known as the Old Post Office

(the Building). The Building, built in 1899, is an historic and architecturally distinctive property

which served as the citys main post office until 1914 and remains the second tallest structure in the

nations capital after the Washington Monument.

7. In 2014, Landlord broke ground on a $200 million plus renovation of the Building.

Upon completion, the Building will be known as the Trump International Hotel, The Old Post

Office, Washington D.C. (the Hotel), consisting of 263 luxury guestrooms and suites, 36,000


3 20542867v.1

square feet of meeting and event space, an opulent 13,000-square-foot Grand Ballroom and a 5,000

square-foot super luxury spa and state-of-the-art fitness center, making it one of the finest hotels in

the nations capital and the world.

8. On or about November 19, 2014, Landlord and Tenant entered in an agreement of

sublease (as amended by the First Amendment, the Sublease) pursuant to which Tenant, led by

renowned chef, Jos Andrs, agreed to lease for a ten (10) year term of approximately 9,018 square

feet of space in the Grand Cortile of the Building (the Demised Premises) to operate a Jos

Andrs flagship restaurant. Unless otherwise noted, all defined terms contained herein shall have

the same meaning as in the Sublease.

9. On or about November 24, 2014, Landlord and Tenant entered in that certain first

amendment to agreement of sublease (the First Amendment) amending the terms of the Sublease.

10. On or about November 19, 2014, Guarantor executed a certain guaranty (the

Guaranty) pursuant to which Guarantor agreed to guarantee to Landlord the full and prompt

performance of all of Tenants obligations under the Sublease.

The Sublease

11. Pursuant to the terms of the Sublease, Tenant was obligated to use and occupy the

Demised Premises as a first class, high quality, flagship, top-tier Washington, D.C. restaurant

consistent with the Operating Standards.

12. Specifically, Section 4(a) of the Sublease provides in this regard as follows:

Tenant shall use and occupy the Demised Premises for a first-class in

all respects, fine dining restaurant, adhering to the concept described

in Exhibit F to this Sublease (the Style Concept) and serving as the Jos Andrs Hospitality Flagship, all in strict accordance with the

Operating Standards and other provisions of this Sublease, and for no

other purpose.


4 20542867v.1

13. The Sublease also imposes a series of material obligations on Tenant to build-out the

Demised Premises as a first-class high quality restaurant pursuant to an agreed upon timeline.

14. Section 7(b)(iii)(A) of the Sublease provides in this regard, as follows:

Tenant shall perform all work necessary to build-out the Demised

Premises as a first-class high quality restaurant consistent with top tier

restaurants in Washington D.C. and the other facilities within the

Building with a high-design finish and consistent with the Initial

Conceptual Design Documents. Tenant shall deliver all items set

forth on Exhibit D3 (the Tenants Work Timeline) as requiring submittal and cause the occurrence of each fact or circumstance listed

as a Critical Milestone on Tenants Work Timeline, in each case on the dates set forth therefor on the Tenants Work Timeline.

15. Similarly, Section 7(b)(iii)(E) of the Sublease, entitled Performance of Tenants

Work, provides, as follows:

Tenant shall cause to be performed at Tenants expense all of the work depicted or described in the Tenants Plans (the Tenants Work).

16. Exhibit D3 to the Sublease, entitled Tenants Work Submittal List and Milestone

Dates, sets forth a series of deadlines by when Tenant must submit and/or complete, as applicable,

various plans, permits, documents and milestones. Included on Exhibit D3 is the requirement that

Tenant deliver to Landlord 90% Completed Construction Documents on or before the Delivery

Date of June 29, 2015.

17. Section 22(a) of the Sublease, entitled Events of Default, states that [e]ach of the

following shall constitute a breach of this Sublease by Tenant (Event of Default):

xiii. Tenant shall fail to deliver any Budget, document, Permit,

schedule or other item listed as an item that requires submittal

on Exhibit D3 on or before the date set forth on Exhibit D3

and such failure continues for a period of ten (10) days after

Landlord gives Tenant notice thereof specifying the items

Tenant failed to deliver


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18. Section 22(c) of the Sublease states that if at any time Tenant is in default of the

Sublease, Tenant shall not be entitled to exercise any right of cancellation or termination or other

option granted to it by this Sublease (if any).

19. Section 23(a) states that if an Event of Default occurs, Landlord may deliver to

Tenant Landlords Cancellation Notice informing Tenant that Landlord is cancelling the

Sublease, in which case the Sublease shall expire and the Term shall end as if it is the last day of the

Term of the Sublease.

20. If Landlord shall deliver Landlords Cancellation Notice to Tenant, pursuant to

Sections 23(c and d), Landlord shall be entitled to draw down upon the Letter of Credit delivered by

Tenant pursuant to Section 26 of the Sublease and also recover from Tenant all unpaid Base Rent,

Percentage Rent and Additional Rent due and owing under the Sublease together with all monetary

damages, costs and fees sustained by Landlord, along with all of Landlords costs and attorneys

fees associated with its enforcement of the terms of the Sublease.

21. Section 23(j) makes clear that [t]he remedies provided for in this Sublease shall not

preclude Landlord from any other remedy, in law or in equity and that Landlords cancellation or

termination shall not deprive Landlord of any of its remedies or actions against the Tenant for

rent or any other sums which would otherwise come due as if there had been no cancellation or

termination.

22. Section 25 states not only that Tenant shall be responsible to pay Landlord for all

costs and expenses it incurs by reason of Tenants breach of the Sublease, but that, in any action or

proceeding brought to enforce the terms of the Sublease, the substantially prevailing party shall be

entitled to recover from the other reasonable attorneys fees and other out-of-pocket costs.


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23. Section 27 states that (a) Landlord and Tenant waive their right to a jury trial in any

action or proceeding involving the Sublease, (b) the Sublease shall be governed by the laws of the

District of Columbia, and (c) Landlord and Tenant agree that any dispute between them shall be

heard in either the Superior Court of Washington D.C. or in the federal district courts located in

Washington D.C.

24. Section 38 provides that (a) Landlord has not made and Tenant is not relying upon

any warranties, representations, promises or statements except to the extent expressly set forth in

the Sublease and (b) all prior understandings and agreements are merged in the Sublease which

alone fully and completely express the agreement of the parties and which are entered into after full

investigation.

The Guarantee

25. As a material and necessary inducement to Landlords execution and delivery of the

Sublease and Landlords concession with respect to certain construction expenses, Tenant agreed

to execute and deliver the Guarantee to Landlord.

26. In the Guarantee, the Guarantor absolutely, unconditionally and irrevocably . . .

guarantees to Landlord the full and prompt performance and observance of all of Tenants

obligations under the Sublease, monetary and nonmonetary. Guarantee, Section 2.

27. The Guarantee also provides, in relevant part, that [t]he liability of Guarantor . . . is

coextensive with that of Tenant, and that the Guarantee shall be enforceable against Guarantor.

Id., Section 3. The Guarantee further provides that Guarantors liability under the Guarantee is

primary and that, at Landlords option, the Guarantor can be joined in any action against said

Tenant in connection with the Sublease. Id., Section 12.


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28. Similar to the Sublease, the Guarantee waives a trial by jury, Id., Section 14,

provides for the payment of attorneys fees to Landlord in actions on the Guarantee, id., and is

governed by law of the District of Columbia, Id., Section 16.

Tenant Defaults and Abandons its Obligations Under the Sublease

29. On June 29, 2015, Tenant was to have delivered to Landlord 90% Completed

Construction Documents pursuant to its obligations under Section 7(b)(iii)(A) and Exhibit D3 of

the Lease. Tenant failed to deliver these documents.

30. On July 8, 2015, less than eight (8) months after Tenant entered into the Sublease,

Tenants co-owner and executive chef, Mr. Andrs, was quoted in The Washington Post as stating

that it was impossible for him and his company to open his restaurant in the Demised Premises.

These comments reflected an apparent abandonment of Tenants obligations under the Sublease.

31. Mr. Andrs stated refusal to proceed with his obligations under the Lease were

allegedly based on his personal offense to statements made by Mr. Trump with respect to illegal

immigration during his June 16, 2015 presidential campaign announcement speech. Mr. Andrs

offense is curious in light of the fact that Mr. Trumps publicly shared views on immigration have

remained consistent for many years, and Mr. Trumps willingness to frankly share his opinions is

widely known.

32. Notwithstanding Mr. Trumps well-known frankness, in a January 2015 press release

announcing the Sublease, Mr. Andrs praised Mr. Trump for his business acumen and said he was

proud to partner with him, explaining:

I have long respected Donald Trump for his business acumen and am

proud to partner with him to create a truly remarkable, fine dining

restaurant in the city I have called home for many years, right in the

heart of the historic Post Office.


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33. On July 17, 2015, Landlord sent Tenant (and Guarantor) a Notice of Default

(Landlords Default Notice) informing Tenant that, due to its failure to deliver to Landlord 90%

Completed Construction Documents on or before the Delivery Date of June 29, 2015, Tenant

was in material default of its obligations under Section 7(b)(iii)(A) and Exhibit D3 of the Sublease,

which default Tenant had ten (10) days to cure.

34. Also on July 17, 2015, Tenant sent Landlord a notice of its own alleging that, as a

result of the content of Mr. Trumps June 16 announcement speech, Landlord had allegedly

constructively evicted Tenant from the Demised Premises as well as violated the covenants of quiet

enjoyment and good faith and fair dealing.

35. Tenant demanded as a cure for this alleged breach that Landlord recant his

personal opinions, and that Landlord somehow ensure that Mr. Trumps personal opinions not be

repeated, restated, or further disseminated.

36. Tenants July 17, 2015 notice to Landlord not only sought to control what Mr.

Trump could say, it failed to cite to any provision from the Sublease that Landlord had purportedly

violated. This is because there are no provisions in the Sublease that grant Tenant the right to

terminate the Sublease based upon personal offense with respect to comments made by Landlord, its

principals or affiliates, including Mr. Trump. There are similarly no provisions in the Sublease that

grant Landlord the right to terminate the Sublease based upon comments made by Tenant, its

principals or affiliates, including Mr. Andrs.

37. Tenant can point to no other agreements between it and Landlord, its principals or

affiliates, including Mr. Trump, protecting Tenant from personal offense. Indeed, Mr. Andrs never

sought such a provision in the Sublease. Section 38 of the Sublease provides that it represents the

entire agreement and that Tenant is not relying upon any other promises by Landlord.


9 20542867v.1

38. By letter dated July 20, 2015, Landlord rejected Tenants purported default notice,

explaining, among other things, that Mr. Trump was not a party to the Sublease, that Landlord had

done nothing to breach the Sublease or otherwise interfere with Tenants ability to use, occupy and

enjoy the Demised Premises, and that Landlord could not possibly have constructively evicted

Tenant given that Tenant had not yet taken occupancy of the Demised Premises.

39. Without justification, on July 28, 2015, Tenant informed Landlord that Tenant was

terminating the Sublease because of Landlords default.

40. In response, by letter dated July 28, 2015, Landlord advised Tenant that, insofar as

Tenant has no right of termination under the Sublease, Tenants July 28, 2015 termination notice

was rejected as a nullity and that, to the extent Tenant desires to avoid an Event of Default and

termination of the Sublease we urge Tenant to act promptly and deliver 90% Completed

Construction Documents to Landlord by the close of business on July 30, 2015.

41. Despite Landlords reminder, Tenant not only failed and refused to cure the defaults

set forth in Landlords Default Notice, but has remained steadfast in its refusal to comply with any

of its obligations under the Sublease. In short, Tenant, having attempted to terminate the Sublease,

has altogether abandoned its rights and obligations thereunder.

42. Based upon the foregoing, on July 31, 2015, Landlord sent Tenant (and Guarantor)

Landlords Cancellation Notice informing Tenant that, based on Tenants failure to cure the

defaults in the Default Notice, Landlord was exercising its right to terminate and cancel the

Sublease and end the Term.

Landlords Substantial Damages

43. The restaurant space that Mr. Andrs has suddenly abandoned is slated to be in the

center of the hotel, adjacent to the lobby and a visual focal point for all the perimeter guest rooms


10 20542867v.1

that line the nine-story atrium. In addition to Landlords obligation in the Master Lease to operate a

signature restaurant, it is indisputably harmful to open a luxury hotel without its planned

restaurant, much less one undergoing construction as will now be required. This is why the parties

to the Sublease negotiated numerous provisions to ensure that the design, approval, and construction

remained on schedule. As such, it is not an option for Landlord allow the Demised Premises to sit

vacant. Instead, Landlord must promptly move forward with plans to find a new signature

restaurant. Toward that end, Landlord has been forced to hire a new architect to quickly prepare

new designs and plans for the Demised Premises.

44. As a result of Tenants decision to abandon its obligations under the Sublease at this

late date, Landlord has already suffered and will continue to suffer millions of dollars in costs,

expenses, losses and other damages. In addition to the loss of Base Rent, Percentage Rent and

Additional Rent, Landlord must now attempt to reprogram the Demised Premises with a new

signature restaurant. Accordingly, Landlord will be forced to incur significant costs and expenses

including, without limitation, additional legal fees, brokerage commissions, tenant allowances and

credits, the cost of building out, altering and preparing the Demised Premises for a new tenant,

advertising expenses and the expense of maintaining the Demised Premises in good condition. In

the event Landlord is unable to find a timely replacement, Landlord will be forced to design and

develop a restaurant itself at significant cost. In addition, Landlord will no longer receive

guaranteed rent for this space and will be required to cover any operational shortfalls.

45. As a result, Landlords damages have and will continue to multiply.

COUNT I

(Breach of Sublease)

46. Landlord repeats and realleges each and every allegation as if fully set forth at length

herein.


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47. The Sublease is a fully enforceable contract, supported by consideration, and was

negotiated by sophisticated commercial parties at arms length.

48. Pursuant to the terms of the Sublease, in exchange for the payment by Tenant of

certain Base Rent, Percentage Rent and Additional Rent as well as Tenants agreement to build-out

the Demised Premises into and continuously use, occupy and operate same as a first class, high

quality, flagship, top-tier Washington, D.C. restaurant, Landlord agreed to lease the Demised

Premises to Tenant for a ten (10) year Term.

49. Tenant has breached the Sublease by failing to abide by its requirements, including

by providing construction documents as required, by repudiating its obligations to operate a

restaurant, and by purporting to terminate the Lease on grounds not allowed under the Sublease.

50. By reason of Tenants actions, Landlord has suffered and will continue to suffer

damages in an amount to be determined at trial, but believed to be in excess of $10 million.

COUNT II

(Action on Guarantee)


herein.

52. The Guarantee is a fully enforceable contract, supported by consideration, and was

negotiated by sophisticated commercial parties at arms length.

53. Pursuant to its terms, Guarantor is fully liable for Tenants breach of the Sublease

and, at Landlords option, Landlord can and is hereby joining Guarantor in this action to hold

Guarantor fully liable for Tenants breaches.

54. By reason of Tenants actions, Landlord has suffered and will continue to suffer

damages in an amount to be determined at trial, but believed to be in excess of $10 million.


12 20542867v.1

COUNT III

(Attorneys Fees)


herein.

56. Section 25 of the Sublease entitles the substantially prevailing party in any action

or proceeding to recover its reasonable costs and attorneys fees:

if any legal action, arbitration or other proceeding is brought to

enforce or interpret this Sublease, the substantially prevailing party

shall entitled to recover from the other reasonable attorneys fees and other out-of-pocket costs (including expert fees), in addition to any

other award to which the substantially prevailing party may be

entitled.

57. Section 14 of the Guarantee similarly allows Landlord to recover its fees and costs,

including attorneys fees, incurred in enforcing its rights against the Guarantor.

58. Landlord has incurred, and will continue to incur, costs and expenses, including

attorneys fees and disbursements, in connection with this action.

59. Accordingly, Landlord seeks a monetary judgment for its reasonable attorneys fee

and other out-of-pocket costs incurred in this action.

PRAYER FOR RELIEF

WHEREFORE, Landlord prays for judgment as follows:

1. That the Court adjudicate and declare that Tenant has materially breached its

obligations under the Sublease;

2. That the Tenant and Guarantor are liable to Landlord for damages, to be proven at

trial but currently estimated to be in excess of $10 million;

3. That the Court awards Landlord its attorneys fees and costs, consistent with its

rights under the Sublease and Guarantee; and


13 20542867v.1

4. That the Court award Landlord such other and further relief as the Court may deem

just and equitable.

Dated: July 31, 2015 Respectfully submitted

Trump Old Post Office LLC

By: /s/ Rebecca Woods

Rebecca Woods (D.C. No. 468495)

Seyfarth Shaw LLP

975 F Street, N.W.


Telephone: (202) 463-2400

Facsimile: (202) 641-9200

[email protected]

Counsel for Plaintiff Trump Old Post Office LLC


CIVIL COVER SHEET JS-44 (Rev. 7/13 DC)

I. (a) PLAINTIFFS (b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF _____________________

(EXCEPT IN U.S. PLAINTIFF CASES)

DEFENDANTS

COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT _____________________ (IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED

(c) ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER)

ATTORNEYS (IF KNOWN)

II. BASIS OF JURISDICTION (PLACE AN x IN ONE BOX ONLY)

III. CITIZENSHIP OF PRINCIPAL PARTIES (PLACE AN x IN ONE BOX FOR PLAINTIFF AND ONE BOX FOR DEFENDANT) FOR DIVERSITY CASES ONLY!

o 1 U.S. Government Plaintiff

o 2 U.S. Government Defendant

o 3 Federal Question (U.S. Government Not a Party)

o 4 Diversity (Indicate Citizenship of Parties in item III)

Citizen of this State

Citizen of Another State

Citizen or Subject of a Foreign Country

PTF

o 1

o 2

o 3

DFT

o 1

o 2

o 3

Incorporated or Principal Place of Business in This State Incorporated and Principal Place of Business in Another State Foreign Nation

PTF

o 4

o 5

o 6

DFT

o 4

o 5

o 6

IV. CASE ASSIGNMENT AND NATURE OF SUIT (Place an X in one category, A-N, that best represents your Cause of Action and one in a corresponding Nature of Suit)

o A. Antitrust 410 Antitrust

o B. Personal Injury/ Malpractice 310 Airplane 315 Airplane Product Liability 320 Assault, Libel & Slander 330 Federal Employers Liability 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury 362 Medical Malpractice 365 Product Liability 367 Health Care/Pharmaceutical Personal Injury Product Liability 368 Asbestos Product Liability

o C. Administrative Agency Review 151 Medicare Act

Social Security

861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g))

Other Statutes 891 Agricultural Acts 893 Environmental Matters 890 Other Statutory Actions (If Administrative Agency is Involved)

o D. Temporary Restraining Order/Preliminary Injunction

Any nature of suit from any category may be selected for this category of case assignment. *(If Antitrust, then A governs)*

o E. General Civil (Other) OR o F. Pro Se General Civil Real Property

210 Land Condemnation 220 Foreclosure 230 Rent, Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property

Personal Property

370 Other Fraud 371 Truth in Lending 380 Other Personal Property Damage 385 Property Damage Product Liability

Bankruptcy 422 Appeal 27 USC 158 423 Withdrawal 28 USC 157

Prisoner Petitions 535 Death Penalty 540 Mandamus & Other 550 Civil Rights 555 Prison Conditions 560 Civil Detainee Conditions of Confinement

Property Rights 820 Copyrights 830 Patent 840 Trademark

Federal Tax Suits 870 Taxes (US plaintiff or defendant) 871 IRS-Third Party 26 USC 7609

Forfeiture/Penalty 625 Drug Related Seizure of Property 21 USC 881 690 Other

Other Statutes 375 False Claims Act 400 State Reapportionment 430 Banks & Banking 450 Commerce/ICC Rates/etc. 460 Deportation 462 Naturalization Application 465 Other Immigration Actions 470 Racketeer Influenced & Corrupt Organization

480 Consumer Credit 490 Cable/Satellite TV 850 Securities/Commodities/ Exchange 896 Arbitration 899 Administrative Procedure Act/Review or Appeal of Agency Decision 950 Constitutionality of State Statutes 890 Other Statutory Actions (if not administrative agency review or Privacy Act)

Case 1:15-cv-01238 Document 1-1 Filed 07/31/15 Page 1 of 2

o G. Habeas Corpus/ 2255 530 Habeas Corpus General 510 Motion/Vacate Sentence 463 Habeas Corpus Alien Detainee

o H. Employment Discrimination 442 Civil Rights Employment (criteria: race, gender/sex, national origin, discrimination, disability, age, religion, retaliation)

*(If pro se, select this deck)*

o I. FOIA/Privacy Act 895 Freedom of Information Act 890 Other Statutory Actions (if Privacy Act)

*(If pro se, select this deck)*

o J. Student Loan

152 Recovery of Defaulted Student Loan (excluding veterans)

o K. Labor/ERISA (non-employment) 710 Fair Labor Standards Act 720 Labor/Mgmt. Relations 740 Labor Railway Act 751 Family and Medical Leave Act 790 Other Labor Litigation 791 Empl. Ret. Inc. Security Act

o L. Other Civil Rights (non-employment) 441 Voting (if not Voting Rights Act) 443 Housing/Accommodations 440 Other Civil Rights 445 Americans w/Disabilities Employment 446 Americans w/Disabilities Other 448 Education

o M. Contract 110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment & Enforcement of Judgment 153 Recovery of Overpayment of Veterans Benefits 160 Stockholders Suits 190 Other Contracts 195 Contract Product Liability 196 Franchise

o N. Three-Judge Court 441 Civil Rights Voting (if Voting Rights Act)

V. ORIGIN

o 1 Original Proceeding

o 2 Removed from State Court

o 3 Remanded from Appellate Court

o 4 Reinstated or Reopened

o 5 Transferred from another district (specify)

o 6 Multi-district Litigation

o 7 Appeal to District Judge from Mag. Judge

VI. CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE.)

VII. REQUESTED IN COMPLAINT

CHECK IF THIS IS A CLASS ACTION UNDER F.R.C.P. 23

DEMAND $ JURY DEMAND:

Check YES only if demanded in complaint YES NO

VIII. RELATED CASE(S) IF ANY

(See instruction)

YES

NO

If yes, please complete related case form

DATE: _________________________

SIGNATURE OF ATTORNEY OF RECORD _________________________________________________________

INSTRUCTIONS FOR COMPLETING CIVIL COVER SHEET JS-44

Authority for Civil Cover Sheet

The JS-44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and services of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. Listed below are tips for completing the civil cover sheet. These tips coincide with the Roman Numerals on the cover sheet.

I. COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF/DEFENDANT (b) County of residence: Use 11001 to indicate plaintiff if resident

of Washington, DC, 88888 if plaintiff is resident of United States but not Washington, DC, and 99999 if plaintiff is outside the United States.

III. CITIZENSHIP OF PRINCIPAL PARTIES: This section is completed only if diversity of citizenship was selected as the Basis of Jurisdiction under Section II.

IV. CASE ASSIGNMENT AND NATURE OF SUIT: The assignment of a judge to your case will depend on the category you select that best represents the primary cause of action found in your complaint. You may select only one category. You must also select one corresponding nature of suit found under the category of the case.

VI. CAUSE OF ACTION: Cite the U.S. Civil Statute under which you are filing and write a brief statement of the primary cause.

VIII. RELATED CASE(S), IF ANY: If you indicated that there is a related case, you must complete a related case form, which may be obtained from

the Clerks Office. Because of the need for accurate and complete information, you should ensure the accuracy of the information provided prior to signing the form.

/s/ Rebecca Woods

Case 1:15-cv-01238 Document 1-1 Filed 07/31/15 Page 2 of 2

Jury Demand: No

Cause of Action: Breach of ContractDemand: 10 Mnature of suit: 69

Jurisdiction: Diversity

Defendants: TOPO ATRIO LLC717 D Street NW 6th Fl., Washington DC 20004THINKFOODGROUP LLC717 D Street NW 6th Floor, Washington DC 20004Origin: Original Proceeding

Plaintiffs: TRUMP OLD POST OFFICE LLC1100 Pennsylvania Ave NWWashington DC 20004Case Assignment: General Civil

Citizenship-Defendant: Citizen of this State

Date: 07/31/15Related Case: No

County1: DCAttorney1: Rebecca Woods Seyfarth Shaw LLP975 F Street, NW, Washington, DC 20004202-463-2400County2: DCCitizenship-Plaintiff: Business in Another State

Attorney2:

Date post:	04-Sep-2015
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