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Page 1 FILED: NEW YORK COUNTY CLERK 07/25/2022 05:50 PM
NYSCEF DOC. NO. 1
INDEX NO. 652580/2022
RECEIVED NYSCEF: 07/26/2022
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
------------------------------------ x
KEVIN BARNES,
:
: SUMMONS WITH NOTICE
Plaintiff,
:
: Index No. _____
- against : Plaintiff designates New York County as
: place of trial; Venue is proper pursuant to
CARSON BLOCK and MUDDY WATERS, LLC. : CPLR § 503(a)
:
Defendants.
:
------------------------------------ x
TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEARBY SUMMONED to appear in this action by serving a notice of
appearance upon the undersigned counsel at the address set forth below within twenty (20) days
after the service of this summons, exclusive of the day of service, or within thirty (30) days after
service is complete, if the summons is not personally delivered to you within the State of New
York; and in the case of your failure to appear or answer, judgment will be taken against you by
default for the relief demanded herein.
YOU ARE HEREBY NOTICED that the nature of this action is breach of partnership,
unjust enrichment, and constructive trust, arising out of plaintiff Kevin Barnes’ and defendants
Carson Block, Esquire, (“Block”)’s and Muddy Waters, LLC’s (“MW”)’s collaboration to
conduct research of publicly available information regarding certain NYSE/NASDAQ traded
companies, and to publicly publish information concerning mutually-selected companies, for the
purpose of exposing corporate misconduct. After months of full-time collaboration across
multiple time zones, the parties successfully published an online report exposing ongoing fraud
at a company publicly traded on the NASDAQ stock exchange in New York County (the
“Report”). As a result of the parties’ publication of the Report, the United States Securities and
Exchange Commission (SEC) granted Block an approximately $14 million whistleblower award
of 2Page 2 INDEX NO. 652580/2022
FILED: NEW YORK COUNTY CLERK 07/25/2022 05:50 PM
NYSCEF DOC. NO. 1
RECEIVED NYSCEF: 07/26/2022
on March 11, 2022 (the “Award”). Defendants have refused to compensate Barnes from the
Award or provide a reconciliation of such funds. Moreover, defendants have wrongfully asserted
exclusive control over the Report and excluded Barnes from transparency into the SEC
determination process, resulting in defendants’ negligently prosecuting the matter.
YOU ARE FURTHER HEREBY NOTICED THAT venue is proper because (i) plaintiff
and defendants formed their partnership and met repeatedly in New York County; (ii) Block
regularly conducts business in New York County, including as recently as July 11th and March
29th 2022, promoting in New York County his reputation as an activist short-seller of
NYSE/NASDAQ listed companies, (iii) Block prosecuted the SEC whistleblower proceeding
through counsel domiciled in New York County, and (iv) Block’s new wholly-owned entity,
“Muddy Waters Capital, LLC,” was a petitioner against Google, Inc. in a previous New York
Supreme Court matter and defendant Block executed pleadings for the proceeding (Index
Number 159730/2017). Thus, venue is proper pursuant to CPLR § 503(a).
YOU ARE FURTHER NOTICED THAT the relief sought is damages in the amount
exceeding $7,000,000 and injunctive relief.
YOU ARE HEREBY NOTIFIED THAT should you fail to answer or appear, a
judgement will be entered against you by default for $7,000,000 with interest from the date of
the filing and the costs of this action.
Dated: July 25, 2022
New York, NY
SLARSKEY, LLC
By:__________________
David Slarskey
Evan Fried
420 Lexington Ave., Suite 2525
New York, NY 10170
(646) 893-6082
Counsel for Plaintiff
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PDF Page 1
PlainSite Cover Page
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FILED: NEW YORK COUNTY CLERK 07/25/2022 05:50 PM
NYSCEF DOC. NO. 1
INDEX NO. 652580/2022
RECEIVED NYSCEF: 07/26/2022
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
------------------------------------ x
KEVIN BARNES,
:
: SUMMONS WITH NOTICE
Plaintiff,
:
: Index No. _____
- against : Plaintiff designates New York County as
: place of trial; Venue is proper pursuant to
CARSON BLOCK and MUDDY WATERS, LLC. : CPLR § 503(a)
:
Defendants.
:
------------------------------------ x
TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEARBY SUMMONED to appear in this action by serving a notice of
appearance upon the undersigned counsel at the address set forth below within twenty (20) days
after the service of this summons, exclusive of the day of service, or within thirty (30) days after
service is complete, if the summons is not personally delivered to you within the State of New
York; and in the case of your failure to appear or answer, judgment will be taken against you by
default for the relief demanded herein.
YOU ARE HEREBY NOTICED that the nature of this action is breach of partnership,
unjust enrichment, and constructive trust, arising out of plaintiff Kevin Barnes’ and defendants
Carson Block, Esquire, (“Block”)’s and Muddy Waters, LLC’s (“MW”)’s collaboration to
conduct research of publicly available information regarding certain NYSE/NASDAQ traded
companies, and to publicly publish information concerning mutually-selected companies, for the
purpose of exposing corporate misconduct. After months of full-time collaboration across
multiple time zones, the parties successfully published an online report exposing ongoing fraud
at a company publicly traded on the NASDAQ stock exchange in New York County (the
“Report”). As a result of the parties’ publication of the Report, the United States Securities and
Exchange Commission (SEC) granted Block an approximately $14 million whistleblower award
1 of 2
PDF Page 3
INDEX NO. 652580/2022
FILED: NEW YORK COUNTY CLERK 07/25/2022 05:50 PM
NYSCEF DOC. NO. 1
RECEIVED NYSCEF: 07/26/2022
on March 11, 2022 (the “Award”). Defendants have refused to compensate Barnes from the
Award or provide a reconciliation of such funds. Moreover, defendants have wrongfully asserted
exclusive control over the Report and excluded Barnes from transparency into the SEC
determination process, resulting in defendants’ negligently prosecuting the matter.
YOU ARE FURTHER HEREBY NOTICED THAT venue is proper because (i) plaintiff
and defendants formed their partnership and met repeatedly in New York County; (ii) Block
regularly conducts business in New York County, including as recently as July 11th and March
29th 2022, promoting in New York County his reputation as an activist short-seller of
NYSE/NASDAQ listed companies, (iii) Block prosecuted the SEC whistleblower proceeding
through counsel domiciled in New York County, and (iv) Block’s new wholly-owned entity,
“Muddy Waters Capital, LLC,” was a petitioner against Google, Inc. in a previous New York
Supreme Court matter and defendant Block executed pleadings for the proceeding (Index
Number 159730/2017). Thus, venue is proper pursuant to CPLR § 503(a).
YOU ARE FURTHER NOTICED THAT the relief sought is damages in the amount
exceeding $7,000,000 and injunctive relief.
YOU ARE HEREBY NOTIFIED THAT should you fail to answer or appear, a
judgement will be entered against you by default for $7,000,000 with interest from the date of
the filing and the costs of this action.
Dated: July 25, 2022
New York, NY
SLARSKEY, LLC
By:__________________
David Slarskey
Evan Fried
420 Lexington Ave., Suite 2525
New York, NY 10170
(646) 893-6082
Counsel for Plaintiff
2 of 2
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