`
`_
`y”°”°'
`STATE OF NORTH CAROLINA
`
`In The Gen
`WAKE
`County
`
`El District
`Name And Address Of Plaintiff 1
`
`A, r ,2. 7
`n H _
`
`= Cl. ”L
`i
`r
`z :
`IJCourt Of Justice
`
`Superior Court Division
`
`c/o Clermont Ripley, N.C. Justice Center
`PO Box 28068
`Raleigh, NC 27611
`Name AndAddress Of Plaintiff 2
`
`l L
`
`DEC - I
`., ,.
`t a 7 _
`'
`‘
`
`F i,
`
`.
`
`GENERAL
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`CIVIL ACTION COVER SHEET
`
`[Z] INITIAL FILING D SUBSEQUENT FILING Rule 5(b) of the General Rules of Practice for the Superior and District Courts
`
`
`
`Name And Address Of Defendant 1
`
`Mountaire Farms, Inc.
`
`.
`c/o CT Corporation
`
`
`160 Mine Lake Court, Suite 200
`PO. Box 28068
`Raleih, NC 27611
`Raleigh, NC 27515
`Telephone No.
`
`Summons Submitted
`919—856-2 154
`
`NC Attorney Bar No.
`Attorney Email Address
`Name And Address Of Defendant 2
`3 6761
`clermont@ncjusticc.org
`
`
`(complete for initial appearance or change of address)
`Clermont Ripley
`.
`North Carolina Justice Center
`
`Cellular Telephone No.
`720-470-74 82
`
`I] Change of Address Name Of Firm
`
`Initial Appearance in Case
`
`Fax No.
`
`North Carolina Justice Center
`Counsel For
`[:I Only: (Iistparty(ies) represented)
`All Plaintiffs D All Defendants
`
`
`
`919-856-2175
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`Summons Submitted
`
`B Y
`es
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`El N
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`0
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`D Stipulate to Arbitration
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`E] Complex Litigation
`Jury Demanded In Pleading
`_ TYPE OF PLEADING
`(check all that apply)
`
`
`
`
`
`El Amend (AMND)
`D Failure To State A Claim (FASC)
`El Amended Answer/Reply (AMND-Response)
`El Implementation Of Wage Withholding In Non-IV-D Cases (OTHR)
`[:1 Amended Complaint (AMND)
`[:1 Improper Venue/Division (IMVN)
`
`I: Assess Costs (COST)
`[:I Including Attomey’s Fees (ATI'Y)
`
`E] Answer/Reply (ANSW—Response) (see Note)
`[:I Intervene (INTR)
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`C] Change Venue (CHVN)
`I] Interplead (OTHR)
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`E Complaint (COMP)
`E] Lack OfJun'sdiction (Person) (LJPN)
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`E] Confession Of Judgment (CNFJ)
`E] Lack Of Jurisdiction (Subject Matter) (LJSM)
`
`D Consent Order (CONS)
`El Modification Of Child Support In IV-D Actions (MSUP)
`
`E1 Consolidate (CNSL)
`E] Notice 0f Dismissal With Or Without Prejudice (VOLD)
`
`[I Contempt (CNTP)
`El Petition To Sue As Indigent (OTHR)
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`E] Continue (CNTN)
`E] Rule 12 Motion In Lieu Of Answer (MDLA)
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`E] Compel (CMPL)
`E] Sanctions (SANC)
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`I: Counterclaim (CTCL) Assess Court Costs
`C] Set Aside (OTHR)
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`[:1 Crossclaim (list on back) (CRSS) Assess Court Costs
`E] Show Cause (SHOW)
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`E] Dismiss (DISM) Assess Court Costs
`El Transfer (TRFR)
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`1:) Exempt/Waive Mediation (EXMD)
`E] Third Party Complaint (list Third Party Defendants on back) (TPCL)
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`El Extend Statute Of Limitations, Rule 9 (ESOL)
`E] Vacate/Modify Judgment (VCMD)
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`D Extend Time For Complaint (EXCO)
`I] Withdraw As Counsel (WDCN)
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`Case 5:21-cv-00059-BO Document 1-1 Filed 02/04/21 Page 1 of 15
`I] Failure To Join Necessary Party (FJNP)
`I] Other (specify and list each separately)
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`

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`..__. _._....___..._._____...._._...... —.-. -——.1
`. __.
`
`
`CLAIMS F'OR RELIEF
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`'”
`
`' _
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`.__
`
`' if"? if“.
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`E] Administrative Appeal (ADMA)
`I:I Appointment Of Receiver (APRC)
`E] Attachment/Gamishment (A‘l'l’C)
`[3 Claim And Delivery (CLMD)
`E] Collection On Account (ACCT)
`El Condemnation (CNDM)
`1:] Contract (CNTR)
`E] Discovery Scheduling Order (DSCH)
`I: Injunction (lNJU)
`
`E] Limited Driving Privilege - Out-Of-State
`Convictions (PLDP)
`I:I Medical Malpractice (MDML)
`El Minor Settlement (MSTL)
`E] Money Owed (MNYO)
`.
`.
`[:1 Negligence - Motor Vehicle (MVNG)
`D Negligence - Other (NEGO)
`[:I Motor Vehicle Lien 6.5. Chapter 44A (MVLN)
`[:l Possession Of Personal Property (POPP) \
`Signatu _
`fAframey/P rty
`.
`
`
`[I Product Liability (PROD)
`[:1 Real Property (RLPR)
`E] Specific Performance (SPPR)
`.
`Other (specify and list each separate/y)
`Retaliatory Employment Discnmmation
`Act (REDA)
`Wrongful discharge in violation of
`public policy
`
`12/01/2020 W {Wkg
`
`A- PLY
`
`Assert Right Of Access (ARAS)
`Substitution Of Trustee (Judicial Foreclosure) (RSOT)
`Su elemental Procedures (SUPR)
`A
`Y
`
` V
`
`Motion For Out-Of-State Attorney To Appear In NC Courts In A Civil Or Criminal Matter (Out-Of-State Attomey/Pro Hac Vice Fee)
`
`E] Additional Plaintiff(s)
`
`
`
`
`
`
`
`
`
`
`E Additional Defendant(s)
`
` 1:] Third Party Defendant(s)
`
`3:213:32:
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`P/aintifT(s) Against Whorn Counterclaim Asserfed
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`
`
`
` T
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` Defendanf(s) Against Whom Crossclaim Assorted
`
`Case 5:21-cv-00059-BO Document 1-1 Filed 02/04/21 Page 2 of 15
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`

`

`STATE OF NORTH CAROLINA
`
`
`Wake
`
`Countyz
`
`Anthony Vines
`
`Name 0! Defendant
`
`Mountnire Farms. [£10.
`
`VERSUS
`
`File No
`
`_
`
`"'
`
`‘I'
`
`i
`
`'
`
`In The General Court Of Justice
`
`D District El Superior Court Division
`
`
`.
`“7
`‘7
`
`
`PETITION TO PROCEED
`
`As AN INDIGENT
`
`65 1-110; 7A~228
`
`(check one of the tour boxes below)
`Petition To Assert Claims - As a party in the above entitled action. I affirm that I am financially unable to advance the required costs for the
`prosecution of the claims l have asserted. Therefore. I now petition the Court for an order allowing me to assert my claims as an indigent.
`DI am an inmate in the custody of the Division of Adult Correction and Juvenile Justice.
`(NOTE TO CLERK: I! this block is checked, this Petition must be submitted to 5 Superior Court Judge for disposition provided on the reverse.)
`Petition To File Motions - As a party in the above entitled action. l aflirrn that I am financially unable to advance the required costs to
`file a notice of hearing on a motion. Therefore. I now petition the Court for an order allowing me to file my motion as an indigent.
`E] Petition To Appeal - As the individual appellant in the above entitled small claims action. I affirrn that I am financially unable to pay
`the cost for the appeal of this action from small claims to district court. Therefore, I now petition the Court for an order allowmg me to
`appeal this action to district court as an indigent.
`D Petition To File Expunction Petition - As the petitioner in the above entitled action. I affirm that I am financially unable to advance
`the required costs to file an expunction petition. Therefore. I now petition the Court for an order allowing me to file my expunction
`petition as an indigent
`
`(check one ormore or the boxes below as applicable]
`E] I am presently a recipient of
`El Supplemental Nutrition Assistance Program (SNAPlfood stamps).
`E] Supplemental Security Income (SSI).
`I am represented by a legal services organization that has as its primary purpose the fumishing of legal services to indigent persons. or i
`am represented by private counsel working on behalf of such a legal services organization. (Attach a letter from your legal services attorney
`or have your attorney sign the certificate below.)
`[I Although I am not a recipient of SNAP/food stamps. TANF. or 88!. nor am I represented by legal services, I am financially unable to
`advance the costs of filing this action or appeal.
`Dale
`
`[:1 Temporary Assistance for Needy Families (TANF).
`
`SWORN/AFFIRMED AND SUBSCRIBED TO BEFORE ME
`
`A
`
`2023
`
`
`An i‘fimyflL46 I/mts
`
`l‘7/S‘ 1’3qu Dr.
`Ete‘nhbenand County. NC
`pgyg'rU'eI/i/le A/C 2Y303
`My Commission Expires 0245-2023
`
`
`_ CERTIFICATE or LEGAL SERVICES/PRO BONO REPRESENTATION
`
`Name And Address 0! Pa I loner (type or - I)
`
`I certIfy that the above named petitioner is represented by a legal services organization that has as its primary purpose the furnishing of
`legal services to indigent persons or is represented by private counsel working on behalf of or under the auspices of such legal services
`organization.
`
`Name And Address (type or print}
`Carol Brooke
`North Carolina Justice Center
`PO. Box 28068
`
`Raleigh. NC 2761 l
`_ oaoea
`Ba ed on the Affidavit appearing above. it is ORDERED that:
`
`=
`
`gm petitioneris authorized to assert
`s. to appeal. orfile notices ofhearing orpetitions in this action as an indigent.
`-
`the petition is denied.
`”
`_ A
`Case 5:21-cv-00059-BO Document 1-1 Filed 02/04/21 Page 3 of 15
`slgnature 7'
`Ussistant csc
`E] Clerk or Superior Court
`A E] ““99
`E] Magistrate (for appeal only)
`NOTE TO CLERK: If the petitioner is NOT a recipient of SNAP/load stamps. TANF. 88/ or Is NOT represented by legal services are private attorney on
`
`

`

`20C‘.-’. I362?
`
`IN THE GENERAL COURT OF JUSTICE
`SUPERIOR COURT DIVISION
`
`Case No.
`
`COMPLAINT
`(Jury Trial Demanded)
`
`)
`
`)
`
`) )
`
`)
`)
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`) )
`
`) ) ) ) )
`
`NORTH CAROLINA
`
`WAKE COUNTY
`
`L
`
`P
`
`:C _ l
`‘
`E COUNT
`
`
`
`ANTHONY VINES,
`
`Plaintiff,
`
`V.
`
`MOUNTAIRE FARMS, INC.
`
`Defendant.
`
`
`
`INTRODUCTION
`
`1.
`
`This is a civil action seeking damages and equitable relief from Defendant
`
`Mountaire Farms, Inc. for its unlawful retaliation against Plaintiff Anthony Vines in violation of
`
`the Retaliatory Employment Discrimination Act (“REDA”), NC. Gen. Stat. § 95-240, et seq.,
`
`and for wrongful discharge of Plaintiff in violation of North Carolina public policy.
`
`PARTIES
`
`2.
`
`Plaintiff Anthony Vines is a resident of Robeson County, North Carolina. Plaintiff
`
`was employed at the Mountaire Farms, Inc. chicken processing facility in Lumber Bridge, North
`
`Carolina from approximately August 2018 through April 2019. During that period, Plaintiff was
`
`an “employee” of Defendant within the meaning of REDA and the common law.
`
`3.
`
`Defendant Mountaire Farms, Inc. (“Mountaire”) is a company organized and
`
`Case 5:21-cv-00059-BO Document 1-1 Filed 02/04/21 Page 4 of 15
`existing under the laws of the State ofNorth Carolina, with its registered office in Raleigh, North
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`Carolina, and places of business in Robeson and Chatham Counties, North Carolina. Mountaire
`
`

`

`was at all relevant times a “person” under REDA, NC. Gen. Stat. § 95-240(1), and an
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`“employer” within the meaning of the common law.
`
`JURISDICTION AND VENUE
`
`4.
`
`This Court has jurisdiction over the subject matter and the parties to this action
`
`pursuant to NC. Gen. Stat § 95-243. Venue is proper in Wake County under NC. Gen. Stat. §§
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`1-79(a)(1) and 95-243(a) because Defendant has a registered office in and therefore resides in
`
`Wake County.
`
`5.
`
`6.
`
`FACTS
`
`The foregoing allegations are incorporated by reference herein.
`
`Defendant hired Plaintiff in August of 20 1 8 to perform manual labor in its
`
`chicken processing facility in Lumber Bridge, North Carolina.
`
`7.
`
`Plaintiff performed his job without ever receiving any written warnings related to
`
`his performance.
`
`8.
`
`At the time he was hired, Plaintiff filled out a medical questionnaire and disclosed
`
`orally to his supervisor, Tiffany Campbell, that he suffered from neuropathy which caused foot
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`pain and made it difficult for him to do certain types of work.
`
`9.
`
`Plaintiff was 53 years old when he began working for Defendant.
`
`10.
`
`Plaintiff’s supervisor, Campbell, regularly made comments to him about his age.
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`For example, when he had difficulty operating the manual forklift because the wheels got
`
`jammed, she would remark that he was slow and old. Later, when Plaintiff worked packaging
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`chicken tenders, she continued to comment that he was slow due to his age.
`
`Case 5:21-cv-00059-BO Document 1-1 Filed 02/04/21 Page 5 of 15
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`

`

`11.
`
`In January of 2019, Defendant assigned Plaintiff to work packing chicken in dry
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`ice. Plaintist job involved shoveling dry ice from a bin into a tote. Plaintiff then scooped dry
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`ice from the tote onto the chicken as it traveled down a conveyor belt.
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`12.
`
`Plaintiff suffered a range of symptoms from the constant exposure to the dry ice
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`vapors. His nose ran continuously. His mouth was always dry. Plaintiff experienced headaches
`
`and loss of appetite.
`
`13.
`
`Plaintiff raised his concerns about the unsafe working conditions on multiple
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`occasions to his supervisor, Tiffany Campbell. Campbell responded that other workers were not
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`complaining.
`
`14.
`
`Only two people worked packing chicken in dry ice during each shift.
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`15. When Plaintiff worked packing chicken in dry ice, his shifi began around 5:30
`
`pm. and ended around 2:30 am.
`
`16.
`
`Plaintiff requested additional safety equipment, explaining that the plastic face
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`shield he was provided still allowed the dry ice fumes to reach his face. Campbell declined to
`
`provide additional equipment, so Plaintiff purchased his own mask to wear. However, Campbell
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`instructed Plaintiff not to wear the mask.
`
`17.
`
`After several weeks or more of experiencing health effects from the dry ice,
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`Plaintiff contacted the Occupational Safety and Health Division of the North Carolina
`
`Department of Labor on February 15, 2019. That same day, Plaintiff lefi work early because of
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`the symptoms he was experiencing.
`
`18.
`
`Plaintiff felt sick all the next day, a Saturday, and on that Sunday he went to the
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`emergency room where he was diagnosed with, among other things, dehydration and sciatic
`Case 5:21-cv-00059-BO Document 1-1 Filed 02/04/21 Page 6 of 15
`nerve pain. Plaintiff was given a medical excuse from work until February 23.
`
`

`

`19. When Plaintiff returned to work, he presented the doctor’s note to Gilda
`
`Richardson from the Human Resources Department and expressed his concerns about his
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`exposure to dry ice and the need for protective gear. He also told Richardson that he had
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`complained about the dry ice to Campbell on several occasions, but Campbell had ignored his
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`complaints.
`
`20.
`
`That same day, Richardson informed Plaintiff for the first time that he had
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`accumulated 13 “occurrences,” or events that could lead to discipline, and that Defendant could
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`fire Plaintiff after 8 occurrences. Richardson then told Plaintiff they would reduce his
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`occurrences to 7 as long as he continued to work without complaint. Plaintiff understood
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`Richardson’s comments to be a threat.
`
`21.
`
`On March 5, 2019, an investigator or investigators from the Occupational Safety
`
`and Health Division (OSH) of the North Carolina Department of Labor inspected the Lumber
`
`Bridge Mountaire facility in response to Plaintiffs February 15 OSH complaint. The inspectors
`
`conducted personal air monitoring sampling.
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`22.
`
`OSH visited the Lumber Bridge Mountaire facility on March 5. Upon
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`information and belief, that visit took place during the day shift at Mountaire.
`
`23.
`
`The week of the OSH investigation, Plaintiff’s supervisor subjected him to
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`increased scrutiny with respect to his work performance and threatened him with writeups,
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`especially during his March 5 to 6 overnight shift.
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`24. When Plaintiff arrived at work on Wednesday, March 6 to begin his shift, he
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`asked a supervisor to come with him to speak to Tiffany Campbell and asked Campbell to stop
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`harassing him.
`
`Case 5:21-cv-00059-BO Document 1-1 Filed 02/04/21 Page 7 of 15
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`

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`25.
`
`The supervisor then spoke to Gilda Richardson who immediately took Plaintiff‘s
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`name badge and told Plaintiff to leave and not to come back until Monday, which was March 11,
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`2019.
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`26.
`
`27.
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`Defendant suspended Plaintiff for 3 days, March 6, March 7 and March 8.
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`Plaintiff returned to work after his suspension on March 11. At that time, he was
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`reassigned to a new position that required constant heavy lifiing and caused him back and feet
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`28.
`
`Plaintiff was only able to work in the new position for one day due to the pain it
`
`caused and requested a leave of absence, which was granted.
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`29.
`
`OSH returned to Mountaire on March 12 and conducted additional personal air
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`monitoring. OSH determined that the readings demonstrated that the carbon monoxide levels
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`exceeded the permissible exposure limit.
`
`30.
`
`On or around April 18, Plaintiff presented a doctor’s note to Defendant
`
`recommending that he be put on light duty, but Defendant instead terminated Plaintiff that same
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`31.
`
`Defendant terminated Plaintiff 3 employment because of Plaintiff's complaints to
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`Defendant about unsafe working conditions and because he filed a complaint with OSH about
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`those working conditions.
`
`32.
`
`On May 29, 2019, OSH issued a citation and fine to Defendant for violating
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`OSHA with respect to the handling of dry ice.
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`33.
`
`On June 17, 2019, Plaintiff filed a complaint with NCDOL regarding his
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`termination in retaliation for his complaints to Defendant and to OSH about unsafe working
`Case 5:21-cv-00059-BO Document 1-1 Filed 02/04/21 Page 8 of 15
`conditions at the Mountaire facility.
`
`

`

`34.
`
`Defendant terminated Plaintist employment because he opposed their violations
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`of the Occupational Safety and Health Act of North Carolina (“OSHA”) and because he filed a
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`complaint with NCDOL about Defendant’s OSHA violations.
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`35.
`
`Prior to being terminated, Plaintiff worked approximately 42 hours per week for
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`Defendant and was paid $14.10 per hour.
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`36.
`
`Plaintiff has not been able to find employment since being terminated by
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`Defendant.
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`37.
`
`On September 2, 2020, the Commissioner of Labor issued Plaintiff a right-to-sue
`
`letter for his complaint under the Retaliatory Employment Discrimination Act (“REDA”).
`
`FIRST CLAIM FOR RELIEF
`
`(Violation of REDA, NC. Gen. Stat. § 95-240 et seq.)
`
`38.
`
`The foregoing allegations are incorporated by reference herein.
`
`39.
`
`By reassigning Plaintiff to a position that required heavy lifting on March 12,
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`2019 which exacerbated his neuropathy and sciatic nerve pain, Defendant unlawfully
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`discriminated against him and retaliated against him for his exercise of his rights to file a claim
`
`or complaint, initiate any inquiry, investigation, proceeding or other action with respect to the
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`OSHA, in violation of NC. Gen. Stat. § 95-241(a).
`
`40.
`
`In terminating Plaintiff, Defendant unlawfully discriminated against him and
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`retaliated against him for his exercise of his rights to file a claim or complaint, initiate any
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`inquiry, investigation, proceeding or other action with respect to the OSHA, in violation of NC.
`
`Gen. Stat. § 95-241(a).
`
`41.
`
`Defendant’s relocation of Plaintiff was a “retaliatory action” within the meaning
`Case 5:21-cv-00059-BO Document 1-1 Filed 02/04/21 Page 9 of 15
`of NC. Gen. Stat. § 95-240(2) and was a discriminatory or retaliatory action against Plaintiff
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`

`

`within the meaning ofNC. Gen. State. § 95-241(a). The reassignment of Plaintiff was therefore
`
`unlawful.
`
`42.
`
`Defendant’s termination of Plaintiff5 employment on April 18, 2019 was a
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`“retaliatory action” within the meaning ofNC. Gen. Stat. § 95-240(2) and was a discriminatory
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`or retaliatory action against Plaintiff within the meaning ofNC. Gen. Stat. § 95-24l(a). The
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`termination of Plaintiff’s employment was therefore unlawful.
`
`43.
`
`In accordance with NC. Gen Stat. § 95-242, Plaintiff timely filed complaints with
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`NCDOL against Defendant alleging unlawful retaliation and discrimination against him for
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`asserting his rights under OSHA.
`
`44.
`
`The Commissioner of Labor issued Plaintiff Right-to-Sue Letters on September 2,
`
`45.
`
`This action is timely filed within ninety days of September 2, 2020, as provided
`
`by NC. Gen. Stat. § 95-243(b).
`
`46.
`
`Defendants’ retaliatory and discriminatory behavior proximately caused Plaintiff
`
`to suffer damages in an amount to be determined at trial but in excess of $25,000 in lost wages,
`
`lost benefits, and other economic losses.
`
`47.
`
`Defendant’s termination of Plaintiff because of his exercise of his rights under
`
`NCOSHA was intentional and willful, within the meaning of NC. Gen. Stat. § 95-243, entitling
`
`plaintiff to recover treble damages.
`
`SECOND CLAIM FOR RELIEF
`(Wrongful Discharge in Violation of Public Policy)
`
`48.
`
`The foregoing allegations are incorporated by reference herein.
`Case 5:21-cv-00059-BO Document 1-1 Filed 02/04/21 Page 10 of 15
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`

`

`49.
`
`The public policy ofNorth Carolina, as expressed in NC. Gen. Stat. § 95-240 et
`
`seq., protects employees against retaliatory action and discrimination for exercising their
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`statutory rights under OSHA, including by providing information, threatening to file a complaint,
`
`and filing a complaint regarding violations of OSHA.
`
`50.
`
`Defendant violated the public policy of the State ofNorth Carolina by terminating
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`Plaintiff because he exercised his rights under the OSHA, because he opposed his employer’s
`
`violations of the OSHA and because he filed a complaint with the North Carolina Department of
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`Labor regarding the unlawful safety and health conditions related to the use of dry ice.
`
`Defendant wrongfirlly discharged Plaintiff in contravention of the express public policy of the
`
`State of North Carolina, which is actionable under North Carolina law.
`
`51.
`
`As a proximate result of Defendant’s wrongful discharge of Plaintiff, Plaintiff has
`
`suffered lost income, emotional distress, anxiety, humiliation, expenses, and other damages in an
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`amount to be determined at trial but in excess of $25,000, and is entitled to recover
`
`compensatory damages in an amount to be determined at trial.
`
`52.
`
`Defendants’ actions were done maliciously, willfully or wantonly, or in a manner
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`that demonstrates a reckless disregard for Plaintist rights. As a result of Defendant’s conduct,
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`Plaintiff is entitled to recover punitive damages.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiff requests the following relief:
`
`(1)
`
`That the Court declare that Defendant’s practices complained of herein are
`
`unlawfill under REDA and North Carolina common law;
`Case 5:21-cv-00059-BO Document 1-1 Filed 02/04/21 Page 11 of 15
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`

`

`(2)
`
`That the Court enter a judgment against Defendant and order Defendant to pay
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`Plaintiff compensatory damages, including unpaid wages, as well as exemplary, liquidated,
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`punitive and/or treble damages;
`
`(3)
`
`That the Court award Plaintiff all reasonable costs and attorneys’ fees incurred in
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`connection with this action;
`
`(4)
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`That the Court award Plaintiff pre-judgment and post-judgment interest, as
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`provided by law;
`
`(5)
`
`(6)
`
`That the Court grant the Plaintiff a trial by a jury; and
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`Such other and further legal and equitable relief as this Court deems necessary,
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`just, and proper.
`
`DEMAND FOR JURY TRIAL
`
`Plaintiff hereby demands a trial by jury on all issues presented herein.
`
`This the lst day of December, 2020.
`
`Respectfully submitted,
`
`NORTH CAROLINA JUSTICE CENTER
`PO. Box 28068
`
`Raleigh, NC 27611
`(919) 856-2144
`(919) 856-2175 (fax)
`
`Case 5:21-cv-00059-BO Document 1-1 Filed 02/04/21 Page 12 of 15
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`

`

`BY: Clermont F. Ripley
`
`919—856-2154
`
`clermont@ncjustice.org.
`Attorney at Law
`NC Bar # 36761
`
`Carol L. Brooke
`919-856-2144
`
`carol@ncjustice.org
`Attorney at Law
`NC Bar # 29126
`
`Case 5:21-cv-00059-BO Document 1-1 Filed 02/04/21 Page 13 of 15
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`

`

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`File No.
`STATE OF NORTH CAROLINA
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`In The Genera Court Of Justice '
`El District
`Superior Court Division
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`WAKE
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`County
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`Anthony Vines
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`1715 N ,1 Dr
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`Fayettevillc, NC 28303
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`Name Of Defendant(s)
`Mountaire Farms, Inc.
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`CIVIL summons
`[I ALIAS AND PLURIES SUMMONS (ASSESS FEE)
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`Date Original Summons Issued
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`G.S. 1A—1, Rules 3 and 4
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`Date(s) Subsequent Summons(es) Issued
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`To Each Of The Defendant(s) Named Below:
`Name And Address Of Defendant 1
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` Name And Address Of Defendant 2
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`Mountaire Farms, Inc.
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`c/o CT Corporation
`160 Mine Lake Court, Suite 200
`Raleigh, NC 27615
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`IMPORTANT! You have been sued! These papers are legal documents, DO NOT throw these papers out!
`You have to respond within 30 days. You may want to talk with a lawyer about your case as soon as
`possible, and, if needed, speak with someone who reads English and can translate these papers!
`llMPORTANTE! [Se ha entablado un proceso civil en su contra! Estos papeles son documentos legales.
`[N0 TIRE estos papeles!
`Tiene que contestar a mas tardar en 30 dias. iPuede querer consultar con un abogado lo antes posible
`acerca de su caso y, de ser necesario, hablar con alguien que lea inglés y que pueda traducir estos
`documentos!
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`A Civil Action Has Been Commenced Against You!
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`You are notified to appear and answer the complaint of the plaintiff as follows:
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`1. Serve a copy of your written answer to the complaint upon the plaintiff or plaintiff‘s attorney within thirty (30) days after you have been
`served. You may serve your answer by delivering a copy to the plaintiff or by mailing it to the plaintiff’s last known address, and
`2. File the original of the written answer with the Clerk of Superior Court of the county named above.
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`If you fail to answer the complaint, the plaintiff will apply to the Court for the relief demnded in the complaint.
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`NameAndAddress OfPlaintiff'sAttomey (ifnone, Address OfPlaintiff)
`ClcrmontRtpley
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`North Carolina Justice Center
`PO. Box. 28068
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`Raleigh, NC 27611
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`Date lssu: .
`I;
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`V
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`I / .
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`Time
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`5
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`M
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`[:1AM %
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`El Assistant CSC’1 Deputy CSC D Clerk Of Superior Court
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`Date Of Endorsement
`Time
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`Signature
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`I [:1 ENDORSEMENT (ASSESS FEE)
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`DAM DPM
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`This Summons was originally issued on the date indicated
`above and returned not served. At the request of the plaintiff,
`the time within which this Summons must be served is
`extended sixty (60) days.
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`El Assistant 050E] Deputy csc D Clerk OfSuperior Court
`Case 5:21-cv-00059-BO Document 1-1 Filed 02/04/21 Page 14 of 15
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`NOTE TO PARTIES: Many counties have MANDATORYARBITRATION programs in which most cases where the amount in controversy is $25,000 or
`less are heard by an arbitrator before a trial. The parties will be notified if this case is assigned for mandatory arbitration, and, if
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`[:I By delivering to the defendant named above a copy of the summons and complaint.
`D By leaving a copy of the summons and complaint at the dwelling house or usual place of abode of the defendant named above with a
`person of suitable age and discretion then residing therein.
`[I As the defendant is a corporation, service was effected by delivering a copy of the summons and complaint to the person named
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`Name And Address Of Person With Whom Copies Left (if corporation, give title ofperson copies left with)
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`[3 Other manner of service (specify)
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`[:1 Defendant WAS NOT served for the following reason:
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`DEFENDANT 2
`Time Served
`Name Of Defendant
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`|:] AM [:| PM
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`1:] By delivering to the defendant named above a copy of the summons and complaint.
`I:] By leaving a copy of the summons and complaint at the dwelling house or usual place of abode of the defendant named above with a
`person of suitable age and discretion then residing therein.
`[I As the defendant is a corporation, service was effected by delivering a copy of the summons and complaint to the person named
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`Name And Address Of Person With Whom Copies Left (if corporation, give title ofperson copies left with)
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`[:1 Other manner of service (specify)
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`l—*___fi
`I] Defendant WAS NOT served for the following reason:
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`__. _..
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`Case 5:21-cv-00059-BO Document 1-1 Filed 02/04/21 Page 15 of 15
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`Signature Of Deputy Sheriff Making Return
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`Date Received Name Of Sheriff (type or print)
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