Symbion Response to Joseph Wilson lawsuit

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Symbion Response to Joseph Wilson lawsuit

Text of Symbion Response to Joseph Wilson lawsuit

  • STATE OF NEW MEXICO FIRST JUDICIAL DISTRICT COUNTY OF SANTA FE

    JOSEPH WILSON,

    Plaintiff,

    v. No. D-101-CV-2015-01994

    PAUL HINKS, RICHARD WESTBURY, SYMBION POWER, HART INTERNATIONAL, and its successor, CHELSEA HOLDINGS,

    Defendants.

    SYMBION POWER LLC,

    Counterclaimant,

    v.

    JOSEPH WILSON,

    Counterclaim-Defendant.

    ANSWER AND COUNTERCLAIM OF DEFENDANT SYMBION POWER LLC

    Defendant and Counterclaimant Symbion Power LLC, by its attorneys, Montgomery &

    Andrews, for its answer to the Complaint of Plaintiff and Counter-Defendant Joseph Wilson

    (Plaintiff or Wilson) and for its counterclaims alleges as follows, upon knowledge with

    respect to itself and its own acts, and upon information and belief with respect to all other

    matters:

    1. States that it is without sufficient information either to admit or deny the

    allegations in paragraph 1 of the Complaint and therefore denies them on that basis.

    2. Denies the allegations in paragraph 2 of the Complaint, except admits that Paul

    Hinks is a citizen of the United Kingdom and a resident of New York, New York.

    FILED IN MY OFFICEDISTRICT COURT CLERK

    9/14/2015 2:13:35 PMSTEPHEN T. PACHECO

    Avalita Kaltenbach

    Case 1:15-cv-00853-KK-LF Document 1-3 Filed 09/24/15 Page 1 of 22

    bwellsTypewritten TextExhibit B

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    3. Denies the allegations in paragraph 3 of the Complaint, except admits that

    Richard Westbury is a citizen of the United Kingdom and a resident of Cyprus.

    4. Denies the allegations in paragraph 4 of the Complaint, except admits that

    Symbion Power LLC is organized under the laws of Delaware and has its principal place of

    business in Washington, D.C., United States of America.

    5. Denies the allegations in paragraphs 5, 6 and 7 of the Complaint.

    6. Answering paragraph 8 of the Complaint, restates its answers to the allegations of

    paragraphs 1 through 7 of the Complaint as if fully set forth herein.

    7. States that it is without sufficient information either to admit or deny the

    allegations in paragraphs 9, 10, 11, 12, 13 and 14 of the Complaint and therefore denies them on

    that basis.

    8. Denies the allegations in paragraph 15 of the Complaint, except admits that Paul

    Hinks is the founder of Symbion Power LLC and serves as its Chief Executive Officer.

    9. Denies the allegations in paragraph 16 of the Complaint, except admits that

    Richard Westbury serves as the Chairman of Symbion Power Holdings LLC, a limited liability

    corporation organized under the laws of Delaware which has its principal place of business in

    Washington, D.C., United States of America.

    10. Denies the allegations in paragraph 17 of the Complaint, except admits that

    Symbion Power LLC is organized under the laws of Delaware, has its principal place of business

    in Washington, D.C., United States of America, and that it is an American company engaged in

    the construction and operation of electric infrastructure in difficult areas of the world, as well as

    other business activities.

    Case 1:15-cv-00853-KK-LF Document 1-3 Filed 09/24/15 Page 2 of 22

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    11. States that it is without sufficient information either to admit or deny the

    allegations in paragraph 18 of the Complaint and therefore denies them on that basis.

    12. Denies the allegations in paragraph 19 of the Complaint, except admits that

    sometime in or about early 2009, Wilson and Paul Hinks met in Washington, D.C., and Wilson

    later expressed interest in becoming employed as a consultant by Symbion Power LLC.

    13. Denies the allegations in paragraph 20 of the Complaint, except admits that at

    various times during 2009, Wilson discussed with Paul Hinks and others the business activities

    and corporate structure of Symbion Power LLC.

    14. Denies the allegations in paragraph 21 of the Complaint, except admits that at

    various times from 2009 to date, Paul Hinks and Richard Westbury acted as agents and

    representatives of Symbion Power LLC in regards to their dealings with Wilson.

    15. Denies the allegations in paragraph 22 of the Complaint, except admits that at

    various times Paul Hinks and Richard Westbury had discussions with Wilson concerning the

    business and operations of Symbion Power LLC.

    16. Denies the allegations in paragraph 23 of the Complaint.

    17. Denies the allegations in paragraph 24 of the Complaint, except admits that at

    various times Paul Hinks and Richard Westbury had discussions with Wilson concerning the

    business and operations of Symbion Power LLC.

    18. Denies the allegations in paragraph 25 of the Complaint, except admits that,

    although Wilson never held any management position with Symbion Power LLC nor exercised

    any specific management authority or powers, he was anxious to be given a title and for that

    reason it was agreed at various times to publicly identify Wilson as a member of the Symbion

    Power Advisory Board, as a Director of Symbion Power, and as the Chairman of Symbion

    Case 1:15-cv-00853-KK-LF Document 1-3 Filed 09/24/15 Page 3 of 22

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    Power Africa, although such positions did not formally exist and carried no specific duties or

    functions. Wilson never attended any of the board meetings of Symbion Power LLC, was never

    appointed to its management committee, and an Advisory Board was ultimately never

    established.

    19. Denies the allegations in paragraphs 26, 27 and 28 of the Complaint, except

    admits that Wilson as part of his duties to Symbion Power LLC agreed to assist it in obtaining

    business in Africa and as needed in management matters.

    20. Denies the allegations in paragraphs 29 and 30 of the Complaint, except admits

    that in Santa Fe, New Mexico in or about June 2009, Paul Hinks orally agreed on behalf of

    Symbion Power LLC to employ Wilson as a consultant to assist Symbion in obtaining business

    in Africa and as needed in management matters on certain terms that included compensation and

    the payment of approved business expenses.

    21. Denies the allegations in paragraphs 31 and 32 of the Complaint, except admits

    that in or about June 2009, Wilson began to perform certain services in accordance with his

    agreement with Symbion Power LLC, for which Symbion Power LLC began paying Wilson

    compensation and business expenses in accordance with that agreement.

    22. Denies the allegations in paragraph 33 of the Complaint, except admits that Paul

    Hinks sent Wilson an e-mail dated April 10, 2012, and refers to that e-mail for a full and

    complete statement of its contents.

    23. Denies the allegations in paragraphs 34, 35 36, 37, 38, 39 and 40 of the

    Complaint.

    24. Answering paragraph 41 of the Complaint, restates its answers to the allegations

    of paragraphs 1 through 40 of the Complaint as if fully set forth herein.

    Case 1:15-cv-00853-KK-LF Document 1-3 Filed 09/24/15 Page 4 of 22

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    25. Denies the allegations in paragraphs 42, 43, 44 and 45 of the Complaint.

    26. Answering paragraph 46 of the Complaint, restates its answers to the allegations

    of paragraphs 1 through 45 of the Complaint as if fully set forth herein.

    27. Denies the allegations in paragraph 47 of the Complaint.

    28. Denies the allegations in paragraph 48 of the Complaint, except admits that in

    Santa Fe, New Mexico in or about June 2009, Paul Hinks orally agreed on behalf of Symbion

    Power LLC to employ Wilson as a consultant to assist Symbion in obtaining business in Africa

    and as needed in management matters on certain terms that included compensation and the

    payment of approved business expenses.

    29. Denies the allegations in paragraphs 49, 50, 51 and 52 of the Complaint.

    30. Answering paragraph 53 of the Complaint, restates its answers to the allegations

    of paragraphs 1 through 52 of the Complaint as if fully set forth herein.

    31. Denies the allegations in paragraphs 54, 55, 56 and 57 of the Complaint.

    ADDITIONAL FACTS

    1. Defendant and Counterclaimant Symbion Power LLC is a Delaware limited

    liability company with its principal place of business in Washington, D.C. Symbion Power LLC

    has one member, Symbion Power Holdings LLC, which is a Delaware limited liability company

    with its principal place of business in Washington, D.C. The Chief Executive Officer of

    Symbion Power LLC is Paul Hinks (Hinks), a resident of New York City and a citizen of the

    United Kingdom.

    2. Symbion Power LLC is a company engaged in the construction and operation of

    electric infrastructure in difficult areas of the world. Paul Hinks founded Symbion Power LLC

    in 2005 specifically to undertake electrical reconstruction work in Iraq and Afghanistan under

    contracts with or funded by the U.S. government. In Iraq, from 2006 to 2009, Symbion Power

    Case 1:15-cv-00853-KK-LF Document 1-3 Filed 09/24/15 Page 5 of 22

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    LLC performed with distinction as a direct, fixed-price contractor on nine Prime Contracts for

    the U.S. Department of Defense, successfully building electric infrastructure systems in the most

    conflict-ridden parts of Iraq. Symbion Power LLCs nine projects included building a 300km

    400kV transmission line project from Baiji to Haditha and onwards through the Al Anbar desert

    to Al Qaim near the Syrian