IN THE COU0JTY COUI\T OF THe TH'\TI I JUDICIAL CI!

\CUIT
IN AND FOR POLK COL\ilY, I LORIDA
53-20{3 -0000-00
ELLENBETH WACHS,
Plaintiff,
v.
RECEIVED
ATHEISTS OF FLORIDA, INC.
NAN OWENS
JUN 1U 2013
Defendants.
CLERK CIF;:CUIT COURT
POLK COUNTY
VERIFIED CO\1PLAli\T
FOR INJUNCTIVE AND DECLARATORY JUDGMEl\,IT FOR
The Plaintiff, ELLENBETH WACHS ("\\/\CIIS") hereby sues the ;\111FISTS or FLORIDA. INC.
("AoF") and NAN OWE"\jS and as grounds ;llieges ,h I'ollu\\s:
I. This action concerns the De!cnJatlt's ubilgaticlil LltlJer flut'ida Ch,lptet' () 17,
Sections 6 J 7.083 J and 6 J 7.0834 and under the Defendant's organizational b) la\\ s .
2. This action seeks declaratory and injunctive relief.
3. SpecificallY, \VAO-jS seeks an ordet" del'laring the [)et"ellllant uf rloricb tu be the s"k
obligor on the judgment entered both PbilltifTallci Dl'f'cl1ciallt b) the City uf Lakelalld ill a
case \\here both Plaintiffand Defendant Atheists off:lot"iJa slied the eil) lInsuecessf'ull) ill a
1983 action.
JII ri sJ iet io
"t This COLIrt has subject Illatterjurisdietiull .'\ni(ic \. \.)e(liull 5(b) ul'the 11,)I"id,1
Constitution. and Section I \9.1 I, Ilulid,l (2() I ())
5. This Court has personal jurisdiction over ;\oF, because it is a Florida corporation which conduc
business within the state.
6. Venue is appropriate in Polk County because the City is located in Pc)lk County and the causes (r
action accrued in Polk County,
7. WACHS is a Florida citizen who resides at Polk
County.
I
8. ATHEISTS OF FLORIDA is a not-for-protit corpuration licensed to do busilll.:ss in the state witl a
mailing address of PO BOX TArv1PA, I\. 33681.
9. t\;\N OWENS is a board member of Atheists or Florida and it" ClIlTl.:nt tl'easul'er and Iesidl.:s at

Factual
10. In July 01'20 I0, Plaintiff and Defendant ;\01- brought suit against the City of Lakelalld (Lakelal d
lawsuit) alleging, et al. that the invocations prior to thl' start of till.: Cit) Commission Ill<.?<.?ting viola d
the state and federal constitutions.
II. At all times pertinent hereto, Plainti tT was a board member of the AoF and director of its
Lakeland Chapter.
12. PlaintifTwus named and participated in the la\\ suit to give the 1\01 legal stanJing to slie the: Ci )
of Lakeland.
13. All AoF board members knew of and approh:d of the Lakeland lawsuit.
14. Prior to agreeing to be the PlaintifTfor this lawsuit. AoF's olltside cOllnsel. Eric Husby (Husb) ,
assured plaintiff that there was no financial risk for her. Plaintiff conditioned her rarticip::1tion in tl e
Lakeland lawsuit on lhe condition that AoF illdclllllii'y her and ;\ul agreed to this condition.
15. The Lakeland lawsuit was lost at the federal district level.
16. Prior to the lawsuit being lost at the district level, the organization imploded and split into two
factions, a Wachs faction and a Gollobith faction.
17. Goth factions became embroiled ill litigatiol1llvcl' control oftl1c tlrganiz:ltioll which is clllTentl
pending.
18. At the time of the implosion, Husby was ('qJresenting Collobilh 011 all unrelated mattel' and
Wachs demanded he cease his representation due to the conllict of inlel'est. lJusby agreed but did lot
take action.
19. The City of Lakeland lawsuit went to appeal in the Eleventh Circuit and wellt to mandatol)
med iatioll.
20. Collobith was, at that time, presenting himsel f' as the president 01 AoF but the court had yet to
decide that in the pending litigatioll and Husby was still representing Gollobith in the unrelated c se.
21. During the course of the mandatory mediation at the Eleventh Circuit Court of Appeals, Ilusb)
gave Plaintiffadvice that she took that ultlll1(ltcly became detl'illlel1tnlt0 Plail1tirrand beneficial to
Go Ilobith' s faction, which he kne\'v, or shou Id ha ve known, to be a J i reci co 11 fl ict of i11 tcrest.
I
22. The case was lost on appeal and the City of Lakeland entered a judgment for its costs
both Plaintiffand Defendant AoF in the amount 01'$6,691.95.
,
of /\eti()!}
Indellll1 ilic(1tion

\
23. WACHS incorporates the allegations cOll{ained in paragraphs I thl'Ough 22.
,
24, AoF's bylaws have a provision for inde'linifying and holding harmless its board members (See
Exhibit A) .:
25. The Lakeland lawsuit was expressly approved of b) AoF's bD,II'd, financed b) /\oF and .\of
continues to acknowledge that the Lakeland lawsuit \Vas brought b) i\oF and is an .1\017 ublig,ltion
(See Exhibit B and Exhibit C)
26. AoF has willfully and with malice refused to pa) the judgment enten:d against the Plaintillin Ii
attempt to extort a settlement in an unrelated case despite its obligatiun ,lnd the iin(lncial whel\:wi h,ll
to do so.
27. A monetary judgment against PlainlitThas harmed her credit ,llle! her to l'clill,lllC\: Ih.:I'
mortgage.
28. WACHS has a clear legal right to insist upon the pel'forrnanc\.' or the Defendants' dllty to
indemnify her.
29. WACHS has no adequate remedy at law.
Relief Requested
\VHEREFORE, WACHS requests that this Court:
(a) Order that Defendant AoF is solely responsible I'or the Lakeland la\\ suit judgmcnt:
(b) Declare that the Defendants failure to indclllnif) the [)laintil'i'\\(\s \,illful and malicious:
(c) Order the Defendant, Nan O\.\ens as treasurer of Aul', to :;,Ili,,\,> thc l.akelalld .iudgmcJl'. \\ thi I
tifteen days of hearing or, in the altel'lwtive, ordcr del'clldants I'J r,l; I)LIillli!lthe 'l.11l0LlIIl (,(tite
judgment plus accrued interest so that Plainti!T Illel> it:
(d) Award WACHS her reasonable attolTley's fees, costs, and expenses incurred in this action; a d
(e) Gra nt such further re I ief as the Court deem s propc I'.
SWORN TO AND SUBSCRIBED
BEFORE ME THIS 10TH DAY
JUNE. 2013.
STACY M. BUTTERFIELD
CLERK of the .
DEPUTY CLERK
tti