`FILED
`
`IN THE CIRCUIT CWlf OF CHIC~~!:TY, ~3t;t
`
`2010;JUN \ 9. PM· tt: 11
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`HOLISTIC INDUSTRIES OF ARKANSAS, LLC,
`and SAM EPSTEIN ANGEL
`
`-
`•df.1.-f,WA-.--
`PLAINTIFFS
`
`vs.
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`CASE NO.-09CV-2020- fla · 3
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`FEUERSTEIN KULICK LLP
`
`DEFENDANT
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`COMPLAINJ'
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`COME now the Plaintiffs, Holistic Industries of Arkansas, LLC, and Sam Epstein Angel,
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`by and through their attorney, Kenneth P. "Casey" Castleberry, for their Complaint against the
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`Defendant, Feuerstein Kulick LLP, alleges as follows:
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`PARTIES AND JURISDICTION
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`1.
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`Plaintiff, Holistic Industries of Arkansas, LLC d/b/a as Sisters of Empathy
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`("Holistic"), is an Ar~sas limited liability company with its principal place of business located
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`in Chicot County, Arkansas.
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`2.
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`Plaintiff, Sam Epstein Angel, is· the majority member of Holistic Industries of
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`· Arkansas, LLC, is an individual residing in Chicot County, Arkansas.
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`3.
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`Defendant, Feuerstein Kulick LLP (the "Firm" or "Defendant"), is a New York
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`limited liability partnership with its principal place of business located in New York, New York.
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`4.
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`5.
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`The Court has jurisdiction over the parties in this action.
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`Venue is proper in this Court.
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`COUNT I-LEGAL MALPRACTICE
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`6.
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`Holistic engaged the Firm to ensure that Holistic's medical marijuana cultivation
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`and dispensary applications satisfied the minimum qualifications for merit scoring in the Rules
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`EXHIBIT 1
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`
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`Case 2:20-cv-00230-LPR Document 2 Filed 11/19/20 Page 2 of 4
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`and Regulations Governing the Application for Issuance, and Renewal of Licenses for Medical
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`Marijuana Cultivation Facilities and Dispensaries in Arkansas ("Rules and Regulations")
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`promulgated by the Arkansas Medical Marijuana Commission ("Commission").
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`7.
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`The Firm and its attorneys held themselves.out to Holistic as experts in the field of
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`medical marijuana application compliance, authorized to practice law in the State of Arkansas, and
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`free of conflicts for the representation.
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`8.
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`Holistic expended an extraordinary amount of time and money drafting and
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`assembling its applications.
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`9.
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`Among other things, Holistic hired numerous professional.consultants to provide
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`expertise and guidance, at substantial cost, to assist them in preparing their applications to receive
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`the highest merit scoring in order to obtain cultivation and dispensary licenses.
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`10.
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`Holistic worked nights and weekends to ensure that the applications were complete
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`in advance of the September 18, 2017, submission deadline.
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`11.
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`Holistic timely provided the information to the Firm and its attorneys for review so
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`that the Firm and its attorneys could ensure Holistic satisfied the minimum qualifications set forth
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`in the Commission's Rules and Regulations for merit scoring.
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`12.
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`The Firm and its attorneys failed to ensure that Holistic's applications satisfied the
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`minimum qualifications requirements, and, as a result, the Commission determined that Holistic
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`failed to satisfy the minimum qualifications requirements and disqualified the applications.
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`13.
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`As· a result, Holistic's applications were not submitted for merit scoring, and
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`Holistic was deprived the opportunity to receive medical marijuana cultivation and dispensary
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`licenses.
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`2
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`- - - - - - - - - - - - - - - - - - · - ...
`Case 2:20-cv-00230-LPR Document 2 Filed 11/19/20 Page 3 of 4
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`14.
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`During the Firm and its attorneys' representation of Holistic, the Firm and its
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`attorneys had a duty to possess and use with reasonable diligence the skill ordinarily used by
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`attorneys acting in the same or similar circumstances, and their failure to meet this standard is
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`negligence.
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`15.
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`The Firm and its attorneys' negligent acts and omissions, include, but are not
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`limited to, failing to ensure that Holistic's medical marijuana cultivation and dispensary
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`application Sections A through D satisfied the minimum qualifications for merit scoring in the
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`Rules and Regulations promulgated by the Commission. -
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`16.
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`But for the Firm and its attorneys' negligence, Holistic would have been awarded
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`a medical marijuapa dispensary license, which is valued at more than $5,000,000.
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`17.
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`At all times during the course of the representation of Holistic, the attorneys were
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`members of the Firm and were acting as agents of the Firm. Therefore, the Firm is vicariously
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`liable for all damages caused by the attorneys' negligence.
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`18.
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`Plaintiffs specifically reserve the right to amend and plead further in this case. The
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`specific allegations set forth above do not and shall not constitute a complete list of the negligent
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`acts committed by the Firm and its attorneys.
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`19.
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`Plaintiffs respectfully demand a jury of 12 persons to try this case.
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`WHEREFORE? Plaintiffs respectfully pray (i) that Holistic have and recover judgment
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`from and against the Defendant in an amount to be determined by a jury, in excess of $5,000,000,
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`together with prejudgment interest at the maximum rate allowable by law from September 18,
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`2017 to the date judgment is entered; and (ii) for all other relief to which it may be entitled.
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`3
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`Case 2:20-cv-00230-LPR Document 2 Filed 11/19/20 Page 4 of 4
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`By:
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`Respectfully submitted,
`Holistic Industries of Arkansas, LLC, and
`~
`Kenneth P. "Casey" Castleberry, ABA #2003109
`MURPHY, THOMPSON, ARNOLD,
`SKINNER & CASTLEBERRY
`555 East Main Street, Suite 200
`Post Office Box 2595
`Batesville, Arkansas 72503 -
`(870) 793-3821 - telephone
`(870) 793-3815-facsimile
`casey@castleberrylawfirm.com
`
`4
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