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Case 3:22-cv-01110-FLW-TJB Document 1 Filed 03/01/22 Page 1 of 12 PageID: 1
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`
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`Eric B. Levine, Esq. – EL(0190)
`LINDABURY, McCORMICK, ESTABROOK & COOPER
`53 Cardinal Drive
`P.O. Box 2369
`Westfield, New Jersey 07091
`(908) 233-6800
`elevine@lindabury.com
`Attorneys for Plaintiff, Tri Health Solutions, LLC
`
`
`
`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW JERSEY
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`
`
`-against-
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`
`
`------------------------------------------------------------------------
`TRI HEALTH SOLUTIONS, LLC
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`Plaintiff,
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`NU ERA BENEFITS AGENCY, INC., LOUIS DELUCA,
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`individually and in his capacity as an agent of Nu Era
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`Benefits Agency,
`Inc., ELIZABETH DELUCA,
`individually and in her capacity as an agent of Nu Era
`Benefits Agency,
`Inc., and JOHN POULAKOS,
`individually and in his capacity as an agent of Nu Era
`Benefits Agency, Inc.
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`Civil Action No.
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`
`COMPLAINT AND
`JURY DEMAND
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`
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`
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`Defendants.
`------------------------------------------------------------------------
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`
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`Plaintiff, Tri Health Solutions, LLC, by and through its attorneys, Lindabury, McCormick,
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`Estabrook & Cooper, P.C., file this Complaint and Jury Demand against Defendants, Nu Era
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`Benefits Agency, Inc., Louis DeLuca, individually and in his capacity as an agent of Nu Era
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`Benefits Agency, Inc, Elizabeth DeLuca, individually and in her capacity as an agent of Nu Era
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`Benefits Agency, Inc., and John Poulakos, individually and in his capacity as an agent of Nu Era
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`Benefits Agency, Inc. (collectively hereinafter referred to as “Defendants”), and alleges as follows:
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`NATURE OF THE CASE
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`1. This case involves an action against Nu Era Benefits Agency, Inc., an alter ego of
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`
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`

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`Case 3:22-cv-01110-FLW-TJB Document 1 Filed 03/01/22 Page 2 of 12 PageID: 2
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`Employers Network Association, as well as Louis DeLuca, Elizabeth DeLuca, and John
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`Poulakos, individually and as agents of Nu Era, based on Nu Era’s knowing and intentional
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`failure to remit payment to Plaintiff, on behalf of ENA, for monies due and owing Plaintiff.
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`PARTIES
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`2. Plaintiff, Tri Health Solutions, LLC (hereinafter “Plaintiff” or “Tri Health”), having a place
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`of business located at 212 Pine Beach, New Jersey 08840, is a business established for the
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`purpose of marketing health plans to individuals, employers, and unions.
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`3. Defendant, Nu Era Benefits Agency, Inc. (hereinafter “Nu Era”), having a place of business
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`at 20 Madison Ave, Valhalla, New York 10535, is a business established for the purpose
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`of providing enrollment, billing, and commission payment services.
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`4. Upon information and belief, Louis DeLuca is the Owner, President or an Officer of Nu
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`Era and resides at 551 N. Fort Lauderdale Beach Blvd. Apt. 2312, Ft. Lauderdale,
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`Florida 33304.
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`5. Upon information and belief, Elizabeth DeLuca is the Owner, President, Chairperson or an
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`Officer of Nu Era and resides at 1106 Smith Ridge Road, New Canaan, Connecticut 06840.
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`6. Upon information and belief, John Poulakos is an Officer of Nu Era and resides at 120
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`Brandy Lane, Wappingers Falls, New York 12590.
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`JURISDICTION AND VENUE
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`7. Subject matter jurisdiction exists pursuant to 28 U.S.C. Section 1332(a)(1) because the
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`amount in controversy exceeds $75,000 and there is diversity of citizenship between
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`Plaintiff, a citizen of the state of New Jersey; Nu Era, a citizen of the State of New York;
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`Louis DeLuca, a citizen of the state of Florida; Elizabeth DeLuca, a citizen of the State of
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`Connecticut; and John Poulakos, a citizen of the State of New York.
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`

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`Case 3:22-cv-01110-FLW-TJB Document 1 Filed 03/01/22 Page 3 of 12 PageID: 3
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`8. Venue is appropriate in the District of New Jersey to 28 U.S.C. Section 1391(a) because
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`Plaintiff is a New Jersey Limited Liability Corporation maintaining a principal place of
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`business in New Jersey.
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`9. Venue is also appropriate in the District of New Jersey pursuant to 28 U.S.C. Section
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`1391(b)(2) because a significant part of the events or omissions giving rise to Plaintiff’s
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`claim occurred in the State of New Jersey.
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`FACTS COMMON TO ALL COUNTS
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`10. Employers Network Association (hereinafter “ENA”), not named as a party in this
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`Complaint and having a place of business at 20 Madison Ave., Valhalla, New York 10535,
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`is in the business of buying co-op groups of various benefits and other jointly valued
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`services and offering these benefits and services to individuals and groups.
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`11. Elizabeth DeLuca is the President of ENA. Her husband, Louis DeLuca, is the Vice
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`President of ENA. John Poulakos is an Officer of ENA.
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`12. Plaintiff and ENA entered into a Marketing Agreement effective December 1, 2014 (the
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`“Marketing Agreement”). The purpose of the Marketing Agreement was for Plaintiff to
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`market to companies, partnerships, labor unions and individuals (clients) to join ENA and
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`to participate Local Union No. 713’s health plans. Local Union No. 713 and ENA are
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`parties to a collective bargaining agreement under the terms of which Local 713 offered
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`health insurance and other benefits to members of ENA who joined Local Union No. 713.
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`The Marketing Agreement states that Plaintiff was to be paid $15.00 for single health plans
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`and $25.00 for all other classes in connection with Local 713 membership (hereinafter the
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`“Monthly Commissions”).
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`13. ENA utilized Nu Era to enroll new members in Local Union No. 713’s health plans, to
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`

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`Case 3:22-cv-01110-FLW-TJB Document 1 Filed 03/01/22 Page 4 of 12 PageID: 4
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`process health insurance premium payments from new members, and to administer billing
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`and pay commissions on behalf of ENA.
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`14. Monthly Commissions due and owing to Plaintiff under the terms of the Marketing
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`Agreement were remitted by Nu Era directly to Plaintiff (in the State of New Jersey) on
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`behalf of ENA continuously from 2015 until July 2021.
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`15. Upon information and belief, Louis DeLuca, Elizabeth DeLuca, and John Poulakos are the
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`controlling members of Nu Era.
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`16. Nu Era and ENA share the same address at 20 Madison Ave., Valhalla, New York 10535
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`as their principal place of business.
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`17. Upon information and belief, despite being named separate companies, ENA and Nu Era
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`share an overlap in ownership, officers, directors, and personnel.
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`18. On or about April 24, 2019, Plaintiff filed an arbitration demand against ENA for breach
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`of contract under the parties’ Marketing Agreement.
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`19. Thereafter, the parties engaged in extensive discovery before both parties moved for
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`summary judgment, with the arbitrator granting Plaintiff’s motion in part and denying
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`ENA’s motion in late October 2021.
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`20. On November 16, 2021, Arbitrator Francis Orlando issued a final award in favor of
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`Plaintiff and against ENA for monies owed to Plaintiff under the terms of the Marketing
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`Agreement through June 30, 2021 in the amount of $4,348,100.00, plus expenses in the
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`amount of $12,528.78.
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`21. Despite the issuance of the November 16th award and notwithstanding Plaintiff continuing
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`to fulfill its obligations under the Marketing Agreement, Nu Era ceased making any
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`monthly payments for Monthly Commissions to Plaintiff as of November 2021 to date.
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`

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`Case 3:22-cv-01110-FLW-TJB Document 1 Filed 03/01/22 Page 5 of 12 PageID: 5
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`22. Plaintiff made multiple demands to ENA and Nu Era for payment of the Monthly
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`Commissions due and owing Plaintiff, which based on information provided during the
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`arbitration and the last payment made to Plaintiff amounts to approximately $180,000.00
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`per month. Nu Era, Louis DeLuca, and John Poulakos. ENA, Nu Era, Louis DeLuca, and
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`John Poulakos have been unresponsive to Plaintiff.
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`23. Upon the issuance of Arbitrator Orlando’s award in favor of Plaintiff in late October , the
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`Defendants ceased processing and remitting all Monthly Commission payments to
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`Plaintiff.
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`24. Arbitrator Orlando’s November 16, 2021 award was confirmed as a final judgment by way
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`of Order entered by the New Jersey Superior Court on December 17, 2021 (hereinafter the
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`“December 17th Judgment”).
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`25. In correspondence dated December 20, 2021, Plaintiff served ENA with a copy of the
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`December 17th Judgment confirming the final arbitration award.
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`26. In correspondence dated January 21, 2022, Plaintiff served Nu Era with a certified copy of
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`the December 17th Judgment confirming the final arbitration award.
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`27. Plaintiff made multiple demands for payment on the December 17th Judgment in the
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`amount of $4,360,628.78 to ENA, Nu Era, Louis DeLuca, and John Poulakos. ENA, Nu
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`Era, Louis DeLuca, and John Poulakos have been unresponsive to Plaintiff.
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`28. In failing to process the Monthly Commission payments due and owing to Plaintiff under
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`the Marketing Agreement and the December 17th judgment, as well as ignoring Plaintiff’s
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`demands for payment, Defendants are actively assisting ENA in avoiding its on-going
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`obligation to remit payment to Plaintiff in accordance with the Marketing Agreement as
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`well as the Court’s December 17th Judgment by holding ENA’s assets under the guise of a
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`

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`Case 3:22-cv-01110-FLW-TJB Document 1 Filed 03/01/22 Page 6 of 12 PageID: 6
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`separate corporation.
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`29. Defendants are actively assisting ENA in avoiding its obligation to remit Monthly
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`Commissions to Plaintiff in accordance with the Marketing Agreement (as of November
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`2021 to date) by holding ENA’s assets under the guise of a separate corporation.
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`30. As a result of Defendants’ failure to remit payment to Plaintiff, Plaintiff has been damaged
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`and will continue to suffer damage.
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`FIRST COUNT
`(Alter Ego)
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`31. Plaintiff repeats and reiterates the allegations contained in Paragraphs 1 through 28 of this
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`Complaint as if fully set forth herein.
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`32. Louis DeLuca is the Vice President of ENA. His wife, Elizabeth DeLuca, is the President
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`of ENA.
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`33. Upon information and belief, John Poulakos is an Officer of ENA.
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`34. Upon information and belief, Louis DeLuca is the Owner., President or an Officer of Nu
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`Era. His wife, Elizabeth DeLuca is the Owner, President, Chairperson or Officer of Nu
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`Era.
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`35. John Poulakos is an Officer of Nu Era.
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`36. Nu Era and ENA share the same address at 20 Madison Ave., Valhalla, New York 10535
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`as their principal place of business.
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`37. Upon information and belief, Nu Era and ENA contain an overlap in ownership, officers,
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`directors, and employees/personnel.
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`38. Upon information and belief, Nu Era and ENA do not follow corporate formalities and
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`commingle their assets.
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`39. Upon information and belief, Louis DeLuca and Elizabeth DeLuca exercise complete
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`Case 3:22-cv-01110-FLW-TJB Document 1 Filed 03/01/22 Page 7 of 12 PageID: 7
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`domination over Nu Era.
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`40. Nu Era is a mere instrumentality, agent, and alter ego of ENA.
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`41. Nu Era has actual and/or constructive knowledge of the terms of the Marketing Agreement
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`and the December 17th Judgment, as well as the on-going obligation to remit payment of
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`the Monthly Commissions to Plaintiff from the funds collected from ENA members who
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`purchase health benefits from Local Union No. 713.
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`42. Notwithstanding such notice, the Defendants have willfully and intentionally ceased
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`processing and remitting payment of the Monthly Commission payments to Plaintiff upon
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`the issuance of Arbitrator Orlando’s summary judgment ruling in favor of Plaintiff, which
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`ruling has since been reduced to an unappealable judgment in favor of Plaintiff.
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`43. Defendants are actively assisting ENA in avoiding its obligation to remit payment to
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`Plaintiff in accordance with the Court’s December 17th Judgment by holding ENA’s assets
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`under the guise of a separate corporation by diverting monies that are the property of .
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`44. Defendants are actively assisting ENA in avoiding its obligation to remit Monthly
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`Commissions to Plaintiff in accordance with the Marketing Agreement (as of November
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`2021 to date) by holding ENA’s assets under the guise of a separate corporation and by
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`diverting to either Defendant themselves or third parties the Plaintiff’s property to with a
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`portion of funds collected representing the Monthly Commissions owed to Plaintiff.
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`45. As a result of Defendants’ scheme with ENA to avoid ENA’s obligation to remit payment
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`to Plaintiff, Plaintiff has been damaged.
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`SECOND COUNT
` (Conversion)
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`46. Plaintiff repeats and reiterates the allegations contained in Paragraphs 1 through 45 of this
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`Complaint as if fully set forth herein.
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`Case 3:22-cv-01110-FLW-TJB Document 1 Filed 03/01/22 Page 8 of 12 PageID: 8
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`47. A final award in favor of Plaintiff in the amount of $4,348,100.00, plus expenses in the
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`amount of $12,528.78, was issued by Arbitrator Francis Orlando on November 16, 2021.
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`48. Arbitrator Orlando’s November 16, 2021 award was confirmed as a final judgment by way
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`of Order entered by the New Jersey Superior Court on December 17, 2021.
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`49. Plaintiff made multiple demands on Defendants for the remittance of payment pursuant to
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`the Marketing Agreement as well as the Court’s December 17, 2021 Order.
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`50. Defendants have refused to remit payment to Plaintiff in accordance with the December
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`17, 2021 Order and have ceased communications with Plaintiff altogether.
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`51. Defendants are actively assisting ENA in exercising dominion and control over and
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`withholding assets that legally belong to Plaintiff under the guise of a separate corporation.
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`52. Defendants’ conduct amounts to a reckless, or intentional and willful disregard of
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`Plaintiff’s possessory rights pursuant to the Court’s December 17, 2021 Order and the
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`Marketing Agreement.
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`53. By failing to remit payment to Plaintiff, Defendants have exercised unauthorized dominion
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`over Plaintiff’s assets.
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`54. Defendants’ retention and misuse of Plaintiff’s assets for their own purposes was
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`unauthorized and clearly not intended to benefit Plaintiff but, rather Defendants.
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`55. Through their access to Plaintiff’s assets as described above, Defendants have exercised
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`dominion and control over property belonging to Plaintiff thereby interfering with
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`Plaintiff’s right of possession to same.
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`56. As a direct and proximate result of Defendants’ wrongful conversion of Plaintiff’s assets,
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`Plaintiff has been damaged, and continues to be damaged.
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`Case 3:22-cv-01110-FLW-TJB Document 1 Filed 03/01/22 Page 9 of 12 PageID: 9
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`THIRD COUNT
`(Fraudulent Conveyance)
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`57. Plaintiff repeats and reiterates the allegations contained in Paragraphs 1 through 55 of this
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`Complaint as if fully set forth herein.
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`58. Defendants are aware of ENA’s obligation to remit payment to Plaintiff in accordance with
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`the parties’ Marketing Agreement.
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`59. Defendants’ holding of ENA’s assets and their failure to remit payment to Plaintiff in
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`accordance with the terms of the parties’ Marketing Agreement is being done with the
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`intent to prevent, hinder, delay or defraud Plaintiff.
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`60. Defendants are aware that a Judgment was entered against ENA on December 17, 2021 in
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`the amount of $4,360,628.78.
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`61. Defendants’ holding of ENA’s assets and their failure to remit payment to Plaintiff in
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`accordance with the December 17th Judgment is being done with the intent to prevent,
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`hinder, delay or defraud Plaintiff.
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`62. Defendants have entered into a scheme with ENA to transfer ENA’s assets to Defendants
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`in an effort to avoid payment of the December 17, 2021 Judgment.
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`FOURTH COUNT
`(Civil Conspiracy)
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`63. Plaintiff repeats and reiterates the allegations contained in Paragraphs 1 through 63 of this
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`Complaint as if fully set forth herein.
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`64. Defendants were aware that monies are owed to the Plaintiff pursuant to both the Marketing
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`Agreement and the December 17th Judgment.
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`65. Defendants entered into an express or implied agreement with each other and ENA for the
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`purpose of committing the foregoing unlawful acts against Plaintiff.
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`Case 3:22-cv-01110-FLW-TJB Document 1 Filed 03/01/22 Page 10 of 12 PageID: 10
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`66. Defendants took an overt act in furtherance of the agreement by holding ENA’s assets and
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`failing to remit payment to Plaintiff in accordance with the Marketing Agreement and the
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`December 17th Judgment.
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`67. Plaintiff has suffered damages as a result of Defendants’ conduct.
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`FIFTH COUNT
`(Aiding and Abetting)
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`68. Plaintiff repeats and reiterates the allegations contained in Paragraphs 1 through 68 of this
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`Complaint as if fully set forth herein.
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`69. On December 17, 2021, a Judgment was entered against ENA in favor of Plaintiff in the
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`amount of $4,360,628.78.
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`70. Defendants were aware that monies are owed to the Plaintiff by ENA pursuant to both the
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`Marketing Agreement and the December 17th Judgment.
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`71. Neither ENA nor Nu Era have remitted payment to Plaintiff pursuant to the Marketing
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`Agreement or the December 17th Judgment despite repeated demands for same from
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`Plaintiff.
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`72. Defendants pursued a common plan to hold ENA’s assets and not remit payment to
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`Plaintiff in accordance with the terms of the Marketing Agreement and pursuant to the
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`December 17th Judgment through an intentional combination of active participation, aid,
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`encouragement or ratification.
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`73. As a proximate result of the actions of the Defendants, Plaintiff has been deprived of its
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`assets and has suffered damages.
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`Case 3:22-cv-01110-FLW-TJB Document 1 Filed 03/01/22 Page 11 of 12 PageID: 11
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`WHEREFORE, Plaintiff demands judgment against Defendants, jointly and severally, as
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`in the form of compensatory damages, pre- and post-judgment interest and costs; attorney’s fees;
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`and such other and further relief as the Court deems just and appropriate.
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`LINDABURY, McCORMICK,
`ESTABROOK & COOPER, P.C
`Attorneys for Plaintiff
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`By: Eric B. Levine
`
`
`Eric B. Levine
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`LINDABURY, McCORMICK,
`
`ESTABROOK & COOPER
`
`53 Cardinal Drive
`
`P.O. Box 2369
`
`Westfield, New Jersey 07091
`
`(908) 233-6800
`
`elevine@lindabury.com
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`Attorneys for Plaintiff, Tri Health
`
`Solutions, LLC
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`Dated: February 28, 2022
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`Case 3:22-cv-01110-FLW-TJB Document 1 Filed 03/01/22 Page 12 of 12 PageID: 12
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`JURY DEMAND
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`Plaintiff demands trial by jury for all of the issues a jury properly may decide, and for all
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`of the requested relief a jury may award.
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`DESIGNATION OF TRIAL COUNSEL
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`Plaintiff hereby designates Eric B. Levine, Esq. as trial counsel.
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`I hereby certify that to the best of my information, knowledge and belief, the matter in
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`CERTIFICATION
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`controversy is not the subject of any other pending or contemplated action or arbitration in any
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`other court or proceeding, and that no other parties should be joined in the above action at this
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`time.
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`Dated: February 28, 2022
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`LINDABURY, McCORMICK,
`ESTABROOK & COOPER, P.C
`Attorneys for Plaintiff
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`
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`By: Eric B. Levine
`
`
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`
`
`Eric B. Levine
`
`LINDABURY, McCORMICK,
`
`ESTABROOK & COOPER
`
`53 Cardinal Drive
`
`P.O. Box 2369
`
`Westfield, New Jersey 07091
`
`(908) 233-6800
`
`elevine@lindabury.com
`
`Attorneys for Plaintiff, Tri Health
`
`Solutions, LLC
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`

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