Page 1 PageID:
OTTER COMPUTER INC.
3350 SCOTT BLVD BLDG SANTA CLARA, CA 95054-
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MARTIN LUTHER KING BUILDING
& U.S. COURTHOUSE
ATTN: CLERK'S OFFICE-WILLIAM T. WALSH
50 WALNUT STREET
NEWARK, NJ 07102Page 2 PageID:
OTTER COMPUTER INC.
3350 Scott Blvd Bldg Santa Clara, CA 95054-Phone:408-982-9358 I Fax:408-982-Email: tonvtsai
U.S. DISTRICT COURT OF NEW JERSEY
ZENA L. POWELL,
Case No.: 2:21-CV-20456-CCC-ESK
Plaintiff,
vs.
INCORRECT DEFENDANT LISTED,
CLOUD KITCHENS INC., ET AL
PLEASE REMOVE:
OTTER COMPUTER INC, FROM THIS CASE.
Defendant
TO: WlLLJAM T. WALSH, CLERK'S OFFICE
On JUNE 27rn, 2022, our company was visited by a U.S. Marshal with delivery of court
II
document request from District Court of New Jersey. Upon reviewing the document and the requests, it is to our
surprise and disbelieve that the Plaintiff, Zena L. Powell, has wrongly list our company as part of this civil lawsuit,
hence we request the Clerk's office of U.S. District Court ofNew Jersey, to remove our company from this civil
case.
Our company, OTTER Computer Inc., is not affiliate with the Defendant, Cloud Kitchens Inc., no
has ever been in contact, or conduct such business service and/or transaction to the Plaintiff, or in the State of New
Jersey. Furthennore, our core service & product industry are in the high-tech IT hardware developments associate
with mostly engineers, as we do not involve with end-users or in the restaurant hospitality industry, as Cloud
Kitchens described on its website. In fact, it is the first time we heard and learn about such company & service
provide by Cloud Kitchens.
I tried to contact the court and Judge Cecchi's office regard the mistakes on the date ofreceival;
however, was not successful due the lack of information on correct point of contact from the Court's website and
also due to 4 th of July holiday recess. Finally in touch with court deputy, Ms. Jacqueline Lambiase, on July 14th , and
was told to send the written letter ofrequest to the Clerk's office for correction, hence this letter.
I have also left the voicemail messages to the Plaintiff, to inform her about the incorrect
information, yet, still without any reply from her still.
Please let me know, if any other information is needed, and thank you for the correction.
July I 8th ,
Tony Tsai, V.P., OTTER COMPUTER INC.
INCORRECT DEFENDANT LISTED, PLEASE REMOVE: OTTER COMPUTER INC, FROM THIS CASE. - lPage 3 PageID: Case 2:21-cv-20456-CCC-ESI< D1.11.:urnent H
Filed 04/29/22 Page 1 of 2 PngelD:
UNITED STATES DISTRICT COURT
DISTRICT OF NE\V JERSEY
Zf:NA L PO\\'ELL,
Plaim{ft
V.
Sl.1MMONS '"' A CIVIL CASE
CLOl'.D KITCHE:\S 1:'\C., l':T AL.
l>t.:fi:11dmCt\SF
l\lJ\!BER: 2:21-C\'-20456-CCC-ESK
OTTER COMPUTER INC.
3350 Scott Blvd. Bldg Santa Clara, CA 95054-Attn: Legal Department
Within 2 l J.,ys. an-:r sen kt~ of this ~111nnwm, 011 )- •JU l nol c,iwHing the day you rcl..":cin·d it)
or 60 day:-. if you arc lh\.: linik
the United Sw1cs described i11 Fed. R. dv. P, I:! (a){2) tir (3) · you must scm.: on the plaintiff
11n answer to th,.- allnchcd c
Procnlun:. The answ._•r or fl)()lion must h-: ~t•r'v't'.d on the plaintiff or plaintiffs attorney. wlms1.·
namt and .itldn.:~s ar~:
ff you fail to ft'.'.,pOnd. _ju.Jg.m1:nt by ,kfoult will bi: -:m-:-n;:d against. you for th ..~ rdk:f
i:kmandcd in th..: complaint Yolt ah,,, nni.st fik your answ1,,•r or m,)tion with th(.· court
si WJLUA'.\f l. \\',\I.SH
CU:RK
--------~-~--·-
ISSt r-:o O.'\ 2022-fH-29 Hl:J7:27. l'lcd..
t'SDC ,JDPage 4 PageID: PagelO:
AO 240A (Rev. 01109; NJ 06/17; NJ 10/21) Older to Proceed Widtolll Prepaying Fees or Costs
UNITED STATES DISTRICT COURT
rorthe
DISTRICT OF NEW JERSEY
ZENA L. POWELL
ORDER ON APPLICATION
TO PROCEED WITHOUT
Plaintiff(s).
PREPAYMENT OF FEES
v.
Civil Action No. 2:2 l-cv-20456-CCC-ESK
CLOUD KITCHENS INC. et al
Defendant(s}.
Having considered the application to proceed without prepayment of fees under 28 U.S.C.
u,
§1915, IT IS ORDERED the application is:
-i
GRANTED,and
The clerk is ordered to file the complaint,
[l}
IT IS FURTHER ORDERED, the clerk issue a summons and the U.S. Marsh.al
serve a copy of the complain4 summons and this order upon the defendant(s) as
directed by the plaintiff(s). AU costs of service shall be advanced by the United
States.
□
DENIED, for the following reasons:
□
IT IS FURTHER ORDERED, the clerk is ordered to close the file. Plaintiff(s)
may submit payment in the amount of $402 witllin 14 days from the date of this
order to reopen the case without further action from the Court.
ENTERED this
day of December
•
.,
~{___
Signature of.Judicial Officer
Claire C. Cecchi, USDJ
Name and Title of Judicial OfficerPage 5 PageID: • PagelD: ... _, •• -...:: nsr (;:11,RVICE
Service or Ille SulM\OIIS 111d eolllfllain1 wos made b)' DAT£
,w.,/1}
NAME OF SERVER (P/fl!VT)
TITLE
Check one box below to indlcar" onnrowiatc method of1tervice
0 Served personally upon lhe defendant. Place where: served:
□
left copies thereof at the defendant's dwelling house or usual place of abode with a person of suicable age
and
discretion then residing therein.
0 Name of person with whom the summon1 and complaint were left:
0 Returned unexccuted:
0 Other (specify):
ffA.Tlo".Mll'.NT011 ;:.;; __ y . .-.li' fl'li'li'C
ISERVICES
TRAVEL
nfl'rt
rOTAI.
A.QA. TIO!\'
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f declare under penalty of perjury under the laws of the United Sta,es of America that the foregoing
information
contained in the Return ofScrvk:e and Statement of Service Fees is true and correct.
Executed on
Date
Signaiure o.fSel'ver
Address of Servel'Page 6 PageID: Case 2;21~cv-20456-CCC~ESK Document 1 Filed 12110/21 Pagel of 8 PagefD:
UNITED STATES DISTRICT COURT
for the
District of New Jersey
_ _ _CIVlL_ Division
ZENA L. POWELL
)
)
Plaintu/(s)
(Wrlie the full 11ame ofeadl plointilf who is flli11g this <:0111plai1J1.
Jf the nattteS ofall dte pfaintljfs cannot flt in the space abo.-e.
pie.a# write ''see a11ached'' in Jhe lpc,ce and attach on addi1io11al
pap ,-11/t the fall lis1 ofnames.)
-vCLOUD KITCHENS INC.08A 500 CORTLAND ST
BEL LLC, & OTTER COMPUTER INC.
De/enda11l(s)
(Write the fitll 1uzme ofead defendant who is bei11g s11ed. Ifthe
in the spa" abowr. please
write "see attached" in the space and attacl, 011 additional page
with dtefi1/l list afmunes.J
1M111es ofall 1he defe,1dants Cfllmot fit
Case No.
)
)
)
)
)
)
)
)
(10 be filled ill
by the Clerk '.r Office)
)
)
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COMPLAINT AND REQUEST FOR INJUNCTION
L
The Parties to This Complaint
A.
The Plaintlff(s)
Provide the infonnation below for each plaintiff named in the complaint. Attach additional pages if
needed.
B.
Name
ZE.NA L POWELL
Street Address
20 HOWARD DRIVE APT. V
City and County
BERGENFIELD & BERGEN
State and Zip Code
NEW JERSEY
Telephone Number
551-275-
E-mail Address
TEOTEOJOHNSON@OUTLOOK.COM
The Defeadant(s)
Provide the infonnation below for each defendant named in the tomplaint, whether the defendant is an
individual. a government agency, an organization, or a corporation. For an individual defendant,
include the person's job or title (i//ml)11..,,J. Attach additional pages if needed.
PagelorPage 7 PageID: PagetO: 1'1\)Se
(Rev. )l/16) C ~ and fer:m for l@illllCdOII
Defendant No. Name
CL.QUO KITCHl;Jt.&_ _ _ _ _ _ _ _ _ _ _ __
Job or Title (ifhwwn)
COMPANY
Street Address
777 S. FIGUEROA ST. SUITE
City and County
LOS ANGELES, LOS ANGELES
State and Zip Code
CALIFORNIA
Telephone Number
301-756--
E-mail Address (ifknow,,)
SALES@CLOUOKtTCHENS.COM
Defendant No. Name
OTTER COMPUTER tNC
Job or Title (ifb1ow11)
.COMPANY
Street Address
3350 SCOTT BLVD BLOG
City and County
SANTA CLARA
State and Zip Code
CALIFORNIA 954054-
Telephone Number
408-735-
E-mail Address (if fmci,,•n)
WWW.OTTERUSA.COM
Defendant No. Name
Job or Title (i/kmm1)
Street Address
City and County
State and Zip Code
Telephone Number
E-mail Address fif k,wwr1J
Defendant No. Name
Job or Title (iflmow11)
Street Address
City and County
State and Zip Code
Telephone Number
E-mail Address (t/know11J
P•lof 6Page 8 PageID: Filed 12/10121 Page 3 of 8 PagetD:
Case 2:21-cv-20456--CCC-ESK Document l
II.
Basis for Jurisdiction
Federal couns are courts of limited jurisdiction (limited power). Generally, only two types of cases can be
heard in federal court: cases involving a federal question and cases involving diversity of citizenship of the
parties. Under 28 U.S.C. § 1331, a case arising under the United States Constitution or federal laws or treaties
is a federal question case. Under 28 U.S.C. § 1332, a case in which a citizen of one State sues a citizen of
another State or nation and the amount at stake is more than $75,000 is a diversity of citizenship case. In a
diversity of citizenship case, no defendant may be a citizen of the same State as any plaintiff.
What is ihe basis for federal court jurisdiction?
(check all that apply)
O Diversity of citizenship
[{]Federal question
Fill out the paragraphs in this section that apply to this case.
A,
If the Basis for Jurisdiction Is a Federal Question
List the specific federal statutes. federal treaties, and/or provisions of the United States Constitution that
are at issue in this case.
FTC ACT SECTtON 5{A) UNFAIR OR DECEPTIVE TRADE PRACTICES, NJSA 56:8-2, ANO THE
FEDERAL LANHAM ACT TITLE 15 U.S.C 1125(A)
B.
If the Basis for Jurisdiction Is Diversity of Citizenship
l.
The Plaintiff{s)
a.
lf the plaintiff is an individual
The plaintiff, (11ameJ ZENA L POWELL
, is a citizen of the
--------------NEW JERSEY
State of (name)
b.
If the plaintiff is a corporation
The plaintiff,
is incorporated
--------------under the laws of the State of
(11ame)
,
(m1111e)
and has its principal place of business in the State of (name)
(If more than one plaintiffis named in the complaint, attach an additional page providing the
same information for each additional plaintifl.J
2.
The Oefendant(s}
a.
lf the defendant is an individual
The defendant,
(flame)
the State of (11omeJ
, is a citizen of
-------------- is a citizen of
• Or
(foreign nalio1t)
Pagel of 6Page 9 PageID: PagelD:
b.
If the defendant is a corporation
The defendant,
(11ame)
Qt,QYQ_~!TGHENS INC.
the Jaws of the State of (,tame)
, is incorporated under
.QAt,.IFORNfA
, and has its
principal place of business in the State of (name) ...:.=...=-=..:.;;:...:....
CALIFORNIA _ _ _ _ _ __
Or is incorporated under the laws of (foreig,1 nation)
and has its principal place of business in (110,neJ
(Ifmore than one defendant is named in the C()»tp/aint, attach an addiiio1'al page providing the
same information for each additional defendant.)
3.
The Amount in Controversy
The amount in controversy-the amount the plaintiff claims the defendant owes or the amount at
stake-is more than $75,000, not counting interest and costs of court, because (explailf):
I am requesting compensatory, consequential, and nominal damages
III.
Statement of Claim
Write a short and plain statement of the claim. Do not make legal arguments. State as briefly as pos$ible the
facts showing that each plaintiff is entitled to the injunction or other relief sought. State how each defendant
was involved and what each defendant did that caused the plaintiff hann or violated the plaintiff's rights,
including the dates and places of that involvement or conduct. If more than one claim is asserted, number each
claim and write a short and plain statement of each claim in a separate paragraph. Attach additional pages if
needed.
A.
Where did the events giving rise to your claim(s) occur?
IN THE STATE OF NEW JERSEY
B.
What date and approximate time did the events giving rise to your c1aim(s) occur?
7/
PaJe4of 6Page 10 PageID: PagelD: Pro S¢ l Clcv. 12116)
C.
91'ffll and B:9uest for 1Wftn
What are the facts underlyjna your claim(s)? (For example: What happened 10 you? Who did what?
Was anyone else involved? Who else saw what happened?)
'The business relationship was formed on deceptive busin8S6 practices and false statements of services
to be provided and fees being afl Inclusive by Georgia Morhbacher on behatf of Cloud Kit<:hens. tn my
brief the detaffs of the aforementioned communications resulting In the approved transaction by my son
Teo Powell who funded the bustness lnitfally from his brokerage account In adcfttion the company
operates In unsafe praettces as there are no twenty four hour facffltles managers that are qualified HVAC
Osha certified facilities manager to shut off gas line in the event of an emergency gas leak or water
issues. The promise of nightly general kitchen cleantng (all equipment and floor$), weekly hood cleaning
and quarterly deep cleaning, marketing, application assistance, and sfgnage were lfes. Also charged
operational fees prior to any equipment being delivered or me taking complete possession of the space.
Charging licensing fees or $3600 monthly In addition to $2000 operatfOnal fee1 and a storage fee of wrack bYl canogt explaJo what It is that~re 110n1lng §In~ YAY gmnot Ucenu wmroerclal §pg.
IV.
Irreparable Injury
Ex.plain why monetary damages at a later time would not adequately compensate you for the injuries you
sustained. are sustaining. or will sustain llS a result of the events described above, or why such compensation
could not be measured.
The business model they have Imposed with the assistance of their partnership With Tryotter.com Is one that
gurantees high tum-over of merchants within the bUlldlng. Not even the franchises that have contracted With them
are satisfied and have left their facilities such as TGIFrtdays left during the month of November acknowledging
that their fees for licensing were bogus and the addltionaf fees hidden incurred were not what was promised
during the sales pitch. The merchant such as mysetf can never become profitable t>ecause Otter system Is used
to control sates flow and since Cloud does not advertise or market on your business as stated in the safes
presentation you wont pickup the foot traffic needed to sustain the monthly cost in which they rely on and they
Intentionally donot regpond during the onboardlng process Immediately to take up the time you would have to
withdraw from the contract upon discovering the Issues mentioned because that would result in a refund of the
initial deposit. The organization targets a specific group of consumers as well that are less educated ln business
but have dream of becoming a fQOd byll..~L~er. Mef'Cbants are bankrupt or return to priqr field~ af\d I
a
V.
Relief
State briefly and precisely what damaacs or other reliefthe plaintiff asks the court to order. Do not make legal
arguments. Include any basis for claiming that the wrongs alleged are continuing at the present time. Include
the amounts of any actual damages claimed for the acts alleged and the basis for these amounts. Include any
punitive or exemplary damages claimed, the amounts, and the reasons you claim you are entitled to actual or
punitive money damages.
I am seeking damage$ of$200,000 which would Include the money given to clOUd thus far of$12,259.22 the
equipment fees I paid of $4,704.00 and the cost of Food $3,314.00and the addftlonal damages requested in
compensatory, and other damages. I am also requesting an investigation into Cloud as they are the same
executives who left Wf!IWOrx prior to charges being brought against the company they left and formed this one but
also own City Storage systems, LLC an a host of other subsidiaries across the country. The company needs to
have the merchants they lease to speak with investigators to share their experience and the pattem of deceptive
sales tactics will become very transparent as we au had different sales persons. To temporarily bar the licensing
fees until it is determined what It is that the company Is licensing you for and to review how many clelnts have
been Illegally evicted without court paperwork. How many sales were effected by the Otter system being turned
off on them during business for lack of payment of an invoice within the same month? And, How many have been
affected ~ Otter bl!!ng_qowu offline or their sales flow experielnce with otter directing the sal~s traffi¢.="-----Page 11 PageID: PagelD: Pro Sc 2 (Rev. 12/16) Come;gn and !3WU1.'Sl for t11jimetion
VI.
Certifteatfon and Closing
Under Federal Rule of Civil Procedure 11, by signing below, I certify to the best of my knowledge, infonnation,
and belief that this complaint: ( 1) is not being presented for an improper purpose, such as to harass, cause
unnecessary delay. or needlessly increase the cost of litigation; (2} is supported by existing law or by a
nonfrivoJous argument for extending, modifying, or reversing existing law; (3) the factual contentions have
evidentiary support or. if specificaUy so identified. will likely have evidentiary support after a reasonable
opportunity for further investigation or discovery; and (4) the complaint otherwise complies with the
requirements of Rule 11.
A.
For Parties Without an Attorney
l agree to provide the Clerk's Office with any changes to my address where case-related papers may be
served. I understand that my failure to keep a current address on file with the Clerk's Office may tesult
in the dismissal of my case.
Date ofsigning:
Signature of Plaintiff
Printed Name of Plaintiff
B.
For Attorneys
Date of signing:
Signature of Attorney
Printed Name of Attorney
Bar Number
Name of Law firm
Street Address
State and Zip Code
Telephone Number
E~mail Address
12/10/
&...,.._.........;:;/__~"--------------Zena Powell
--------------------I.Page 12 PageID: -·,: --~iv-•,-""~~0~
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PDF Page 1
PlainSite Cover Page
PDF Page 2
Case 2:21-cv-20456-CCC-ESK Document 15 Filed 07/27/22 Page 1 of 12 PageID: 246
OTTER COMPUTER INC.
3350 SCOTT BLVD BLDG 4
SANTA CLARA, CA 95054-3108
f
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MARTIN LUTHER KING BUILDING
& U.S. COURTHOUSE
ATTN: CLERK'S OFFICE-WILLIAM T. WALSH
50 WALNUT STREET
NEWARK, NJ 07102
PDF Page 3
Case 2:21-cv-20456-CCC-ESK Document 15 Filed 07/27/22 Page 2 of 12 PageID: 247
2
3
OTTER COMPUTER INC.
3350 Scott Blvd Bldg 4
Santa Clara, CA 95054-3108
Phone:408-982-9358 I Fax:408-982-9335
Email: tonvtsai
PDF Page 4
Case 2:21-cv-20456-CCC-ESK Document 15 Filed 07/27/22 Page 3 of 12 PageID: 248
Case 2:21-cv-20456-CCC-ESI< D1.11.:urnent H
Filed 04/29/22 Page 1 of 2 PngelD: 225
UNITED STATES DISTRICT COURT
DISTRICT OF NE\V JERSEY
Zf:NA L PO\\'ELL,
Plaim{ft
V.
Sl.1MMONS '"' A CIVIL CASE
CLOl'.D KITCHE:\S 1:'\C., l':T AL.
l>t.:fi:11dm11
Ct\SF
l\lJ\!BER: 2:21-C\'-20456-CCC-ESK
OTTER COMPUTER INC.
3350 Scott Blvd. Bldg 4
Santa Clara, CA 95054-3108
Attn: Legal Department
Within 2 l J.,ys. an-:r sen kt~ of this ~111nnwm, 011 )- •JU l nol c,iwHing the day you rcl..":cin·d it)
or 60 day:-. if you arc lh\.: linik
PDF Page 5
Case 2:21-cv-20456-CCC-ESK Document 15 Filed 07/27/22 Page 4 of 12 PageID: 249
Case 2:21-cv-20456-CCC-ESK Document 4 Filed 12/21121 Page 1 of 1 PagelO: 203
AO 240A (Rev. 01109; NJ 06/17; NJ 10/21) Older to Proceed Widtolll Prepaying Fees or Costs
UNITED STATES DISTRICT COURT
rorthe
DISTRICT OF NEW JERSEY
ZENA L. POWELL
ORDER ON APPLICATION
TO PROCEED WITHOUT
Plaintiff(s).
PREPAYMENT OF FEES
v.
Civil Action No. 2:2 l-cv-20456-CCC-ESK
CLOUD KITCHENS INC. et al
Defendant(s}.
Having considered the application to proceed without prepayment of fees under 28 U.S.C.
u,
§1915, IT IS ORDERED the application is:
-i
GRANTED,and
The clerk is ordered to file the complaint,
[l}
IT IS FURTHER ORDERED, the clerk issue a summons and the U.S. Marsh.al
serve a copy of the complain4 summons and this order upon the defendant(s) as
directed by the plaintiff(s). AU costs of service shall be advanced by the United
States.
□
DENIED, for the following reasons:
□
IT IS FURTHER ORDERED, the clerk is ordered to close the file. Plaintiff(s)
may submit payment in the amount of $402 witllin 14 days from the date of this
order to reopen the case without further action from the Court.
ENTERED this 21
day of December
• 2021
.,
~{___
Signature of.Judicial Officer
Claire C. Cecchi, USDJ
Name and Title of Judicial Officer
PDF Page 6
Case 2:21-cv-20456-CCC-ESK Document 15 Filed 07/27/22 Page 5 of 12 PageID: 250
• Case 2:21-cv-20456-CCC·ESK Document 11 Filed 04/29/22 Page 2 of 2 PagelD: 226
... _, •• -...:: nsr (;:11,RVICE
Service or Ille SulM\OIIS 111d eolllfllain1 wos made b)' DAT£
,w.,/1}
NAME OF SERVER (P/fl!VT)
TITLE
Check one box below to indlcar" onnrowiatc method of1tervice
0 Served personally upon lhe defendant. Place where: served:
□
left copies thereof at the defendant's dwelling house or usual place of abode with a person of suicable age
and
discretion then residing therein.
0 Name of person with whom the summon1 and complaint were left:
0 Returned unexccuted:
0 Other (specify):
ffA.Tlo".Mll'.NT011 ;:.;; __ y . .-.li' fl'li'li'C
ISERVICES
TRAVEL
nfl'rt
rOTAI.
A.QA. TIO!\'
I»:' "1:li'.RVF.R
f declare under penalty of perjury under the laws of the United Sta,es of America that the foregoing
information
contained in the Return ofScrvk:e and Statement of Service Fees is true and correct.
Executed on
Date
Signaiure o.fSel'ver
Address of Servel'
PDF Page 7
Case 2:21-cv-20456-CCC-ESK Document 15 Filed 07/27/22 Page 6 of 12 PageID: 251
Case 2;21~cv-20456-CCC~ESK Document 1 Filed 12110/21 Pagel of 8 PagefD: 1
UNITED STATES DISTRICT COURT
for the
District of New Jersey
_ _ _CIVlL_ Division
ZENA L. POWELL
)
)
Plaintu/(s)
(Wrlie the full 11ame ofeadl plointilf who is flli11g this <:0111plai1J1.
Jf the nattteS ofall dte pfaintljfs cannot flt in the space abo.-e.
pie.a# write ''see a11ached'' in Jhe lpc,ce and attach on addi1io11al
pap ,-11/t the fall lis1 ofnames.)
-vCLOUD KITCHENS INC.08A 500 CORTLAND ST
BEL LLC, & OTTER COMPUTER INC.
De/enda11l(s)
(Write the fitll 1uzme ofead defendant who is bei11g s11ed. Ifthe
in the spa" abowr. please
write "see attached" in the space and attacl, 011 additional page
with dtefi1/l list afmunes.J
1M111es ofall 1he defe,1dants Cfllmot fit
Case No.
)
)
)
)
)
)
)
)
(10 be filled ill
by the Clerk '.r Office)
0
)
)
)
)
)
1, ....
r.,'1
-.l
COMPLAINT AND REQUEST FOR INJUNCTION
L
The Parties to This Complaint
A.
The Plaintlff(s)
Provide the infonnation below for each plaintiff named in the complaint. Attach additional pages if
needed.
B.
Name
ZE.NA L POWELL
Street Address
20 HOWARD DRIVE APT. V
City and County
BERGENFIELD & BERGEN
State and Zip Code
NEW JERSEY 07621
Telephone Number
551-275-3771
E-mail Address
TEOTEOJOHNSON@OUTLOOK.COM
The Defeadant(s)
Provide the infonnation below for each defendant named in the tomplaint, whether the defendant is an
individual. a government agency, an organization, or a corporation. For an individual defendant,
include the person's job or title (i//ml)11..,,J. Attach additional pages if needed.
Pagelor6
PDF Page 8
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1'1\)Se 2
(Rev. )l/16) C ~ and fer:m for l@illllCdOII
Defendant No. 1
Name
CL.QUO KITCHl;Jt.&_ _ _ _ _ _ _ _ _ _ _ __
Job or Title (ifhwwn)
COMPANY
Street Address
777 S. FIGUEROA ST. SUITE 4100
City and County
LOS ANGELES, LOS ANGELES
State and Zip Code
CALIFORNIA 90017
Telephone Number
301-756--5257
E-mail Address (ifknow,,)
SALES@CLOUOKtTCHENS.COM
Defendant No. 2
Name
OTTER COMPUTER tNC
Job or Title (ifb1ow11)
.COMPANY
Street Address
3350 SCOTT BLVD BLOG 4
City and County
SANTA CLARA
State and Zip Code
CALIFORNIA 954054-3108
Telephone Number
408-735-7358
E-mail Address (if fmci,,•n)
WWW.OTTERUSA.COM
Defendant No. 3
Name
Job or Title (i/kmm1)
Street Address
City and County
State and Zip Code
Telephone Number
E-mail Address fif k,wwr1J
Defendant No. 4
Name
Job or Title (iflmow11)
Street Address
City and County
State and Zip Code
Telephone Number
E-mail Address (t/know11J
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Case 2:21-cv-20456--CCC-ESK Document l
II.
Basis for Jurisdiction
Federal couns are courts of limited jurisdiction (limited power). Generally, only two types of cases can be
heard in federal court: cases involving a federal question and cases involving diversity of citizenship of the
parties. Under 28 U.S.C. § 1331, a case arising under the United States Constitution or federal laws or treaties
is a federal question case. Under 28 U.S.C. § 1332, a case in which a citizen of one State sues a citizen of
another State or nation and the amount at stake is more than $75,000 is a diversity of citizenship case. In a
diversity of citizenship case, no defendant may be a citizen of the same State as any plaintiff.
What is ihe basis for federal court jurisdiction?
(check all that apply)
O Diversity of citizenship
[{]Federal question
Fill out the paragraphs in this section that apply to this case.
A,
If the Basis for Jurisdiction Is a Federal Question
List the specific federal statutes. federal treaties, and/or provisions of the United States Constitution that
are at issue in this case.
FTC ACT SECTtON 5{A) UNFAIR OR DECEPTIVE TRADE PRACTICES, NJSA 56:8-2, ANO THE
FEDERAL LANHAM ACT TITLE 15 U.S.C 1125(A)
B.
If the Basis for Jurisdiction Is Diversity of Citizenship
l.
The Plaintiff{s)
a.
lf the plaintiff is an individual
The plaintiff, (11ameJ ZENA L POWELL
, is a citizen of the
--------------NEW JERSEY
State of (name)
b.
If the plaintiff is a corporation
The plaintiff,
is incorporated
--------------under the laws of the State of
(11ame)
,
(m1111e)
and has its principal place of business in the State of (name)
(If more than one plaintiffis named in the complaint, attach an additional page providing the
same information for each additional plaintifl.J
2.
The Oefendant(s}
a.
lf the defendant is an individual
The defendant,
(flame)
the State of (11omeJ
, is a citizen of
-------------- is a citizen of
• Or
(foreign nalio1t)
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b.
If the defendant is a corporation
The defendant,
(11ame)
Qt,QYQ_~!TGHENS INC.
the Jaws of the State of (,tame)
, is incorporated under
.QAt,.IFORNfA
, and has its
principal place of business in the State of (name) ...:.=...=-=..:.;;:...:....
CALIFORNIA _ _ _ _ _ __
Or is incorporated under the laws of (foreig,1 nation)
and has its principal place of business in (110,neJ
(Ifmore than one defendant is named in the C()»tp/aint, attach an addiiio1'al page providing the
same information for each additional defendant.)
3.
The Amount in Controversy
The amount in controversy-the amount the plaintiff claims the defendant owes or the amount at
stake-is more than $75,000, not counting interest and costs of court, because (explailf):
I am requesting compensatory, consequential, and nominal damages
III.
Statement of Claim
Write a short and plain statement of the claim. Do not make legal arguments. State as briefly as pos$ible the
facts showing that each plaintiff is entitled to the injunction or other relief sought. State how each defendant
was involved and what each defendant did that caused the plaintiff hann or violated the plaintiff's rights,
including the dates and places of that involvement or conduct. If more than one claim is asserted, number each
claim and write a short and plain statement of each claim in a separate paragraph. Attach additional pages if
needed.
A.
Where did the events giving rise to your claim(s) occur?
IN THE STATE OF NEW JERSEY
B.
What date and approximate time did the events giving rise to your c1aim(s) occur?
7/2712021
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Pro S¢ l Clcv. 12116)
C.
91'ffll and B:9uest for 1Wftn
What are the facts underlyjna your claim(s)? (For example: What happened 10 you? Who did what?
Was anyone else involved? Who else saw what happened?)
'The business relationship was formed on deceptive busin8S6 practices and false statements of services
to be provided and fees being afl Inclusive by Georgia Morhbacher on behatf of Cloud Kit<:hens. tn my
brief the detaffs of the aforementioned communications resulting In the approved transaction by my son
Teo Powell who funded the bustness lnitfally from his brokerage account In adcfttion the company
operates In unsafe praettces as there are no twenty four hour facffltles managers that are qualified HVAC
Osha certified facilities manager to shut off gas line in the event of an emergency gas leak or water
issues. The promise of nightly general kitchen cleantng (all equipment and floor$), weekly hood cleaning
and quarterly deep cleaning, marketing, application assistance, and sfgnage were lfes. Also charged
operational fees prior to any equipment being delivered or me taking complete possession of the space.
Charging licensing fees or $3600 monthly In addition to $2000 operatfOnal fee1 and a storage fee of 250
wrack bYl canogt explaJo what It is that~re 110n1lng §In~ YAY gmnot Ucenu wmroerclal §pg.
IV.
Irreparable Injury
Ex.plain why monetary damages at a later time would not adequately compensate you for the injuries you
sustained. are sustaining. or will sustain llS a result of the events described above, or why such compensation
could not be measured.
The business model they have Imposed with the assistance of their partnership With Tryotter.com Is one that
gurantees high tum-over of merchants within the bUlldlng. Not even the franchises that have contracted With them
are satisfied and have left their facilities such as TGIFrtdays left during the month of November acknowledging
that their fees for licensing were bogus and the addltionaf fees hidden incurred were not what was promised
during the sales pitch. The merchant such as mysetf can never become profitable t>ecause Otter system Is used
to control sates flow and since Cloud does not advertise or market on your business as stated in the safes
presentation you wont pickup the foot traffic needed to sustain the monthly cost in which they rely on and they
Intentionally donot regpond during the onboardlng process Immediately to take up the time you would have to
withdraw from the contract upon discovering the Issues mentioned because that would result in a refund of the
initial deposit. The organization targets a specific group of consumers as well that are less educated ln business
but have dream of becoming a fQOd byll..~L~er. Mef'Cbants are bankrupt or return to priqr field~ af\d I
a
V.
Relief
State briefly and precisely what damaacs or other reliefthe plaintiff asks the court to order. Do not make legal
arguments. Include any basis for claiming that the wrongs alleged are continuing at the present time. Include
the amounts of any actual damages claimed for the acts alleged and the basis for these amounts. Include any
punitive or exemplary damages claimed, the amounts, and the reasons you claim you are entitled to actual or
punitive money damages.
I am seeking damage$ of$200,000 which would Include the money given to clOUd thus far of$12,259.22 the
equipment fees I paid of $4,704.00 and the cost of Food $3,314.00and the addftlonal damages requested in
compensatory, and other damages. I am also requesting an investigation into Cloud as they are the same
executives who left Wf!IWOrx prior to charges being brought against the company they left and formed this one but
also own City Storage systems, LLC an a host of other subsidiaries across the country. The company needs to
have the merchants they lease to speak with investigators to share their experience and the pattem of deceptive
sales tactics will become very transparent as we au had different sales persons. To temporarily bar the licensing
fees until it is determined what It is that the company Is licensing you for and to review how many clelnts have
been Illegally evicted without court paperwork. How many sales were effected by the Otter system being turned
off on them during business for lack of payment of an invoice within the same month? And, How many have been
affected ~ Otter bl!!ng_qowu offline or their sales flow experielnce with otter directing the sal~s traffi¢.="-----
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Pro Sc 2 (Rev. 12/16) Come;gn and !3WU1.'Sl for t11jimetion
VI.
Certifteatfon and Closing
Under Federal Rule of Civil Procedure 11, by signing below, I certify to the best of my knowledge, infonnation,
and belief that this complaint: ( 1) is not being presented for an improper purpose, such as to harass, cause
unnecessary delay. or needlessly increase the cost of litigation; (2} is supported by existing law or by a
nonfrivoJous argument for extending, modifying, or reversing existing law; (3) the factual contentions have
evidentiary support or. if specificaUy so identified. will likely have evidentiary support after a reasonable
opportunity for further investigation or discovery; and (4) the complaint otherwise complies with the
requirements of Rule 11.
A.
For Parties Without an Attorney
l agree to provide the Clerk's Office with any changes to my address where case-related papers may be
served. I understand that my failure to keep a current address on file with the Clerk's Office may tesult
in the dismissal of my case.
Date ofsigning:
Signature of Plaintiff
Printed Name of Plaintiff
B.
For Attorneys
Date of signing:
Signature of Attorney
Printed Name of Attorney
Bar Number
Name of Law firm
Street Address
State and Zip Code
Telephone Number
E~mail Address
12/10/2021
&...,.._.........;:;/__~"--------------Zena Powell
--------------------I.
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