KELLY WARNER, PLLC 8283 N. Hayden Road, Suite 229 Scottsdale, Arizona 85258 Telephone: (480) 331-9397 IxMICHAEL K. JEANES Clerk of the Superior Court By Cassandra Knetts, Deputy Date 05/20/2016 Time 14:47:12 KELLY I WARNER, PLLC Description Amount 8283 N. Hayden Road, Suite 229 CASEII WWII-004754 Scottsdale, Arizona 85258 CIUIL NEH 519.00 Raeesabbas Mohamed, Esq. (AZ Bar #027418) -- Email: Raees@kellvwarneriaw.com TOTAL 319,00 Daniel R. Warner, Receietl12525?934 Email: Dan@kellvwarnerlaw.cem Tel: 480-331-9397 Fax: 1-866-961-4984 Attorneys for Plaintiff IN SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF MARICOPA MEGAN WELTER an IndIVIdualPlaintiff, COMPLAINT AND V- APPLICATION FOR INJUNCTIVE RELIEF JOHN and JANE DOES 1-10 are fictitious persons who may have an interest herein. (Defamation, False Light) ABC PARTNERSHIPS 1-10; XYZ CORPORATIONS 1-10; and DEF LIMITED LIABILITY COMPANIES 1-10, Defendants. For her claims for relief against Defendants, Plaintiff, by and through undersigned counsel, alleges as follows: PARTIES, JURISDICTION AND VENUE 1. Plaintiff Megan Welter (??Welters" or ?Plaintiff") is an individual who resides in Arizona. 2. Defendants John and Jane Does are individuals residing within Maricopa County, Arizona. I KELLY I WARNER, PLLC 8233 N. Hayden Road, Suite 229 Scottsdale, Arizona 85258 Telephone: (480) 331-9397 3. Defendants ABC PARTNERSHIPS 1-10; XYZ CORPORATIONS 1-10; and DEF LIMITED LIABILITY COMPANIES 1-10 are entities formed or other-wisedoingbusiness in Arizona. 4. Defendants all purposefully availed themselves to the bene?ts of Arizona law by publishing defamatory content on Arizona-based websites, new agencies, and/or by directing? the tort of defamation against Plaintiff, an Arizona resident. 5. Upon information and belief, Defendants have caused things to occur in Maricopa County that have damaged Plaintiff. 6. Upon information and belief, all acts of each named Defendant as alleged herein were performed for the bene?t of each Defendant's marital community. 7. JOHN and JANE DOES 1-10 are fictitious persons who may have an interest herein. ABC PARTNERSHIPS 1-10; XYZ CORPORATIONS 1-10; and DEF LIMITED LIABILITY COMPANIES 1-10 are ?ctitious entities who may have an interest herein. At such time as the true name of said ?ctitious persons and/or entities become known to Plaintiff, Plaintiff may amend their pleadings to reflect same. 8. The amount in controversy herein exceeds the minimum amount required forjurisdiction'in this Court. 9. Upon information and belief, jurisdiction and venue are proper in this Court. Ix) I?I?l?I?lI?lHl?i . Scottsdale, Arizona 85258 Telephone: (480) 331-9397 \l KELLY I WARNER, PLLC 8283 N. Hayden Road, Suite 229 FACTS 10. All of the allegations contained within the paragraphs above and below arehereby 11. Upon information and belief, Defendants posted voluminous false, damaging, misleading and defamatory statements about Plaintiff on the Internet, located at numerous web links, and making a variety of untrue and damaging statements and implications aimed at Plaintiff (collectively the "False Statements?). The False Statements have been attached as Exhibit hereto. 12. Upon information and belief, Defendants have posted and/or contributed to posting and disseminating the false, defamatory, damaging, and misleading statements about Plaintiff. 13. Plaintiff is not a criminal, and did not commit the crime of assault. 14. Defendants posted the False Statements with the intent to injure Plaintiff and/or with conscious disregard of the rights of Plaintiff. 15. Defendants have exhibited a malicious intent and purpose. 16. Defendants failed to use reasonable efforts to ascertain the truth or conduct due diligence prior to publishing the False Statements. 17. The False Statements made by Defendant tends to injure Plaintiff, and portray her in a false light. and accuses Plaintiff of misconduct andlor attack her reputation as a professional cheerleader for the Arizona Cardinals at the time, and as a reservist in the military. a?It?A n?nc ?h DJ IQ ON Scottsdale, Arizona 85258 Telephone: (480) 331-9397 KELLY I WARNER, PLLC 8283 N. Hayden Road, Suite 229 Ix) 00 ?0 GO 18. Plaintiff has suffered substantial harm, and damages as a result of these false statements and will continue to suffer damages if the defamation persists. COUNT DEFAMATION AND DEFAMATION PER SE 19. All of the allegations contained within the paragraphs above and below are hereby incorporated by reference as if fully set out herein. 20. The False Statements made by Defendants are about and concerning Plaintiff. 21. Without privilege, Defendants communicated the False Statements to third parties via the Internet and/or intentionally made such statements on the lnternet, which were accessible to third parties without password protection. 22. Defendants' False Statements are and would be highly offensive to a reasonable person and have been published to third parties with the apparent intent of causing harm to the reputation and economic interests of Plaintiff. 23. In making and publishing the False Statements, Defendants had knowledge of or acted in reckless disregard as to the falsity of the False Statements. 24. Plaintiff alleges, on information and belief, that Defendants published the False Statements knowing that they would be widely disseminated across the world. 25. As a direct and proximate result of Defendants posting the False Statements, Plaintiff has sustained, and will continue to sustain, immediate and 4 Scottsdale, Arizona 85258 Telephone: (480) 331-9397 KELLY I WARNER, PLLC 8283 N. Hayden Road, Suite 229 Ix.) *4 ON U1 Lu 00 irreparable harm and injury including, but not limited to, damage to reputation, losses in revenues, loss of pro?ts, loss of goodwill, loss of business relations with?existing? and?future?business ?prospects,?and?loss ?of competitive?business advantage, opportunity, and/or expectancy. 26. The written False Statements made by Defendants impeaches the honesty, integrity or reputation of Plaintiff. 27: The False Statements made by Defendants constitutes defamation per se and general damages are presumed as a matter of law. 28. Plaintiff has suffered general and special damages in an amount to be proved at trial. 29. In making and publishing the False Statements, Defendants acted maliciously, willfully, wantonly, and unlawfully. 30. For such willful and malicious acts, Plaintiff hereby seeks punitive damages in addition to their actual damages. 31. Defendants? acts, omissions, conduct and transactions alleged herein were aggravated, outrageous, and guided by evil motives wherein Defendants intended to harm Plaintiff and/or consciously pursued a course of conduct knowing that it created a substantial risk of signi?cant harm to Plaintiff. 32. To dissuade Defendants from pursuing a similar course of conduct in the future and to discourage other persons from similar conduct in the future, an aWard of punitive damages should be awarded against Defendants in the KELLY I WARNER, PLLC 8283 N. Hayden Road, Suite 229 Scottsdale, Arizona 85258 Telephone: (480) 331?9397 LII 4?suf?cient magnitude to punish Defendant and to deter similar conduct by others. INJUNCTION 33. All of the allegations contained within the paragraphs above and below are hereby incorporated by reference as if fully set out herein. 34. As a direct and proximate result of the Defendants posting the False Statements, Plaintiff has sustained, and will continue to sustain, immediate and irreparable harm and injury including, but not limited to, damage to reputation. losses in revenues, loss of pro?ts, loss of goodwill, loss _of business relations with existing and future business prospects, and loss of competitive business advantage, opportunity, andlor expectancy. 35. The False Statements made by Defendants impeach the honesty, integrity or reputation of Plaintiff. 36. The False Statements made by Defendants are defamatory on their face. 37. There is a substantial risk that unless Defendants' wrongful acts described herein are temporarily, preliminarily, andlor permanently enjoined, Defendants will continue to irreparably injure Plaintiff. 38- Plaintiff has no adequate remedy at law; therefore, Plaintiff is entitled to injunctive relief. Scottsdale, Arizona 85258 Telephone: (480) 33 l-9397 KELLY I WARN ER, PLLC 8283 N. Hayden Road, Suite 229 ?t 00 x] 0 KO 00 COUNT - FALSE LIGHT I INVASION OF PRIVACY 39. All of the allegations contained within the paragraphs above and -below. areherebyincorporated 40. Defendants published a private matter concerning Plaintiffs private life to the public, including partial video footage of a private incidence that occurred at Plaintiff?s home, placing Plaintiff in a false light. The False Statements omit substantial facts and portray Plaintiff in a false light. 41. The voluminous publications made about Plaintiff would be considered highly offensive to any reasonable person. 42. The Defendants had knowledge of the truth and/or acted in reckless disregard as to the falsity of the private False Statements that they published and the false light in which Plaintiff was placed. 43. To dissuade Defendants from pursuing a similar course of conduct in the future and to discourage other persons from similar conduct in the future, an award of punitive damages should be awarded against Defendants in the sum of suf?cient magnitude to punish Defendants and to deter similar conduct by others. WHEREFORE, Plaintiff demands judgment against Defendants as follows: A. For a preliminary and permanent injunction compelling Defendants to remove from the Internet all material pertaining to Plaintiff; KELLY I WARNER, PLLC 8283 N. Hayden Road, Suite 229 Scottsdale, Arizona 85258 Telephone: (480) 33I-9397 Lapreliminary and permanent injunction enjoining Defendants from publishing any false statements or defamatory _material toany third_party_ab.ou.t For general damages in an amount to be proven at trial; For special damages in an amount to be proven at trial; For punitive damages in an amount to be proven at trial; For Plaintiff?s costs herein incurred; For Plaintiff?s reasonable attorneys? fees incurred herein, which are not less than $5,000.00 in the event of default; For interest on the foregoing attorneys? fees and court costs at the statutory rate from the date of judgment until paid; For prejudgment and postjudgment interest on all damages at the highest rate allowed by law from the date of injury until paid in full; and For such other and further relief as the Court deems just and proper RESPECTFULLY SUBMITTED this 181th day of May, 2016. KELLY I WARNER, PLLC By: m? Raees Mohamed, Esq? 8283 N. Hayden Road Suite 229 Scottsdale, Arizona 85258 Attorneys for Plaintiff