IN THE DISTRICT COURT OF ORANGE COUNTY,
GARY DOUGLAS GADDY, individually and on behalf of a class of similarly situated individuals,
Plaintiff No. 6160
JURY TRIAL DEMANDED
Girl Scouts of the U.S.A., a New York Corporation,
and Miss Clara X. (name withheld to protect minor status),
CLASS ACTION COMPLAINT
Plaintiff Gary D. Gaddy, on behalf of himself and a class of similarly situated individuals, brings this action against defendant Girl Scouts of the U.S.A. ("Girl Scouts"), and Miss Clara X. and a class of similarly situated individuals. Upon personal knowledge as to himself and his own acts and upon information and belief as to all other matters, Gaddy complains as follows:
1. Venue is proper in Orange County because Miss X. resides in Orange County and Girl Scouts of the U.S.A. does business in the same and because the wrongful acts arose here.
2. Gaddy is a resident of North Carolina.
3. Miss X. is a resident of North Carolina.
4. Girl Scouts of the U.S.A. is a North Carolina corporation with a place of business in Orange County, North Carolina.
CAUSES OF ACTION
5. In an effort to promote its wares and increase the sales thereof, Girl Scouts of the U.S.A. has established an incentive-based system to promote, sell and convey cookies and similar confections to the public.
6. The Girl Scouts' system is inherently flawed and unfair to the public at large and Mr. Gaddy in particular.
7. The Girl Scouts' system works as follows: Under-aged and generally irresistible salespersons (hereafter referred to as "scouts") go door-to-door promoting and selling the above mentioned confections to unsuspecting neighbors, who have little choice but to purchase said offerings in general, and in particular when said scout was as irresistible as Miss X.
8. The Girl Scouts knew, or should have known, that such offerings (hereafter referred to as "cookies") such as Shortbread (previously known as Trefoils), Thin Mints, Peanut Butter Patties, Caramel deLites, and Thanks-A-Lots, as well as other such confections as produced by ABC/Interbake Foods and/or Little Brownie Bakers, would lead to purchases in large quantities.
9. The Girl Scouts knew, or should have known, that such purchases would lead to consumption of the aforementioned cookies.
10. The Girl Scouts knew, or should have known, that such consumption, often as many as a single box in less than one hour's time, in the case of Mr. Gaddy, would lead to rapid and substantial weight gain.
11. The Girl Scouts knew, or should have known, that said consumption of such confections would lead to pain and suffering, in particular whenever Mr. Gaddy attempted to buckle his pants.
12. The Girl Scouts knew, or should have known, that marital discord would arise whenever purchasers, such as Mr. Gaddy, ate "more than his share" of the aforementioned cookies.
13. Payment to Mr. Gaddy in the amount of $28 in compensation for the cookies which he was enticed to purchase.
14. Payment to Mr. Gaddy in the amount of $56 for the purchase of two pair of slacks, waist size 38.
16. Payment to Mr. Gaddy in the amount of $256 for 16 months of WeightWatchers Online, allowing a loss during such program of an average of one pound of weight for every two months.
17. Payment to Mr. Gaddy in the amount of $5200 for one year of marital counseling.
18. Payment to Mr. Gaddy in the amount of one quadrillion dollars in compensation for the loss of pleasure and enjoyment that has come from visits from Miss X. that are likely to cease as a result of the unfortunate necessity of this lawsuit.
And Mr. Gaddy requests such other relief as the court finds good and proper, both present and future, as the likelihood is that Mr. Gaddy will again be enticed to support the good and worthwhile activities of the Girl Scouts of the U.S.A. again and again and again.
Gary D. Gaddy, whose college girlfriend was a Girl Scout leader, was once informally inducted into a "Mixed Scout" troop.
A version of this article was published in the Chapel Hill Herald Thursday April 17, 2008.
Copyright 2008 Gary D. Gaddy