INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/30/2018 SUPREME COURT OF THE OF NEW YORK ALEXANDRA CANOSA, COUNTY STATE NEW YORK OF Index No. 161254/2017 Plaintiff, -against- DIRK MARC LASRY, SARNOFF, LANCE MAEROV, AMMAR, TIM ZIFF, TARAK BEN RICHARD L. JEFF DOLAN, WEINSTEIN COMPANY WEINSTEIN COMPANY, and ROBERT WEINSTEIN TUDOR PAUL KOENIGSBERG, JAMES SUMMONS SACKMAN, THE HOLDINGS, LLC, JONES, THE HARVEY LLC, DOES WEINSTEIN, 1-10 Defendants. Plaintiff THE LLC TO THE of not personally appear or the or, the Plaintiff's day of answer, judgment on based trial, HOLDINGS, SUMMONED if the THE LLC, to is not Attorney(s) you will within within be the 20 days after of State the location of WEINSTEIN COMPANY, against days the New you this after York); by summons, the service action to New April York, 30, LLC, service of in and for RUFFO & the the case relief of NY RHEINGOLD By: 551 New GlUFFRA for Attorneys Plaintiff Jeremy Fifth York, A. Avenue, NY 10176 Tel: (212) 684-1880 Fax: (212) 689-8156 jhellman@rheingoldlaw.corn 1 of 75 Hellman, 296 Floor Esq. PLOTKIN LLP serve of summons, summons your demanded 2018 to a notice this if this is complete default and serve complaint. Dated: occurrence, HOLDINGS, in this complaint with served within 30 taken answer to complaint (or service delivered of place DEFENDANTS: HEREBY answer, on appearance, exclusive of business, ARE the THE WEINSTEIN COMPANY Defendants Defendants' and of residence county ABOVE-NAMED your as County COMPANY incorporation, place YOU of York WEINSTEIN of county Defendants' a copy New designates Defendants failure in is to the INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/30/2018 SUPREME COURT OF THE OF NEW YORK ALEXANDRA CANOSA, COUNTY STATE OF NEW YORK Index No. 161254/2017 Plaintiff, -against-a ainst- COMPLAINT DIRK TIM ZIFF, TARAK BEN RICHARD JAMES L. MARC SARNOFF, LASRY, LANCE AMMAR, KOENIGSBERG, MAEROV, PAUL TUDOR JEFF THE DOLAN, SACKMAN, WEINSTEIN COMPANY WEINSTEIN COMPANY, and ROBERT WEINSTEIN HOLDINGS, JONES, DEMANDS PLAINTIFF A THE LLC, BY JURY TRIAL HARVEY LLC, DOES WEINSTEIN, 1-10 Defendants. ALEXANDRA Plaintiff MARC SARNOFF, HOLDINGS, LLC, DOES WEINSTEIN, Giuffra and THE Ruffo & LANCE SACKMAN, THE COMPANY, (hereinafter LLP, JEFF referred to and alleges the RICHARD COMPANY WEINSTEIN and her attorneys following, upon by TIM ZIFF, MAEROV, WEINSTEIN "Defendants" as "Defendants") forth sets respectfully HARVEY LLC, DIRK Defendants AMMAR, BEN DOLAN, WEINSTEIN 1-10 Plotkin, L. of complaining TARAK LASRY, JAMES KOENIGSBERG, CANOSA, ROBERT Rheingold information belief: PARTIES 1. Plaintiff, COMPANY since LLC Canosa has LLC and designates New York complained of HOLDINGS, for worked THE or with WEINSTEIN Harvey THE Weinstein, LLC COMPANY, in WEINSTEIN various capacities 2010. Plaintiff 2. the Alexandra occurrences and business, THE and WEINSTEIN herein, Defendants COMPANY, Defendants' county as the County LLC's place THE county of residence. 2 of 75 of trial, based WEINSTEIN of on location COMPANY of of HOLDINGS, Defendants' incorporation, some place of INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/30/2018 That 3. and by That 4. was virtue of at times That 5. LLC 6. That 7. was That and of the and 9. regularly substantial York that at all times at all still at did and/or entity, from THE Defendant and existing THE and/or business goods used COMPANY WEINSTEIN in the business doing Defendant solicited revenue organized duly Delaware. mentioned, all and/or revenue herein of New State in engaged York. COMPANY WEINSTEIN a persistent or consumed or services THE WEINSTEIN and/or international State times limited of course within rendered act expected would if that have it company, committed THE the and act State WEINSTEIN organized duly commerce a tortious within consequences Defendant mentioned, liability interstate COMPANY and without of New York. LLC. COMPANY, under existing the and by virtue Delaware. hereinafter times solicited from tortious hereinafter from revenue have reasonably said Defendant mentioned, substantial is a business That is a business did derived should of the That of company, liability mentioned, herein times is a foreign laws 8. was still still times all and/or of New State hereinafter and limited COMPANY WEINSTEIN York. LLC expected of the THE Defendant mentioned, is a foreign laws regularly at HOLDINGS, the still substantial of New State State all or derived conduct and was at HOLDINGS, the all LLC HOLDINGS, hereinafter times LLC. HOLDINGS, under all at entity, herein mentioned, business goods used in the business doing and/or or THE Defendant mentioned, Defendant of New THE or York. 3 of 75 services COMPANY, LLC COMPANY, LLC York. WEINSTEIN in a persistent engaged consumed State WEINSTEIN course rendered of within conduct the or derived State of New INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/30/2018 all 10. That derived substantial should that at have Defendant 11. New act tortious York. would He 2005 to October 2017. 12. Harvey Weinstein from 2010 actual or through COMPANY 13. Connecticut. its and is was THE WEINSTEIN 14. Robert Weinstein sexual conduct toward THE 15. York. Defendant Dirk WEINSTEIN Ziff known Dirk was Ziff a director COMPANY, from of a citizen of LLC. and of the acts LLC there THE from an was WEINSTEIN as well LLC, THE Company herein and York, of employee Weinstein alleged COMPANY, THE Ziff States as between the LLC the knew pattern of time the THE States Harvey 4 of 75 chairman of LLC and HOLDINGS, and brothers and predatory at Miramax HOLDINGS, pattern of New LLC and and LLC. COMPANY, a resident Weinstein's of practice worked WEINSTEIN COMPANY WEINSTEIN former the Greenwich, present. and United of a resident COMPANY Weinstein's during and Weinstein, Harvey to the Harvey of United WEINSTEIN HOLDINGS, is the of 2005 including COMPANY WEINSTEIN THE of LLC women, the York of New a resident COMPANY, Weinstein Harvey of brother the a director has and employee of of New State York. a director was time the and/or expected Directors. is COMPANY, the of New States and and without WEINSTEIN WEINSTEIN is a citizen Weinstein and THE and of of between relationship Board THE owner time act LLC COMPANY, commerce State and and WEINSTEIN United Miramax, director, the the of the LLC Weinstein Robert Robert of At LLC and Defendant Miramax, 2017. HOLDINGS, within is a citizen an agent, was agency Weinstein Harvey a tortious HOLDINGS, October assumed if it committed co-chairman COMPANY WEINSTEIN international consequences Weinstein a former is that have Harvey and/or interstate expected THE Defendant mentioned, from revenue reasonably said herein times York, and practice New THE of INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/30/2018 predatory sexual Weinstein and THE Tim Tim Sarnoff California. of WEINSTEIN Weinstein THE and Marc predatory sexual Weinstein and 18. Ben Anmar was a director Tarak was sexual COMPANY COMPANY, Gutierrez a the THE LLC Ben director in 2015. According COMPANY of Westlake and Village, LLC HOLDINGS, pattern Weinstein's personal his and and practice with relationship COMPANY WEINSTEIN Harvey LLC HOLDINGS, and United States of THE both personal his and THE and of practice with relationship New York, LLC pattern COMPANY WEINSTEIN New HOLDINGS, Weinstein's Harvey of resident COMPANY of from and Harvey LLC HOLDINGS, and LLC. Anmar is a citizen THE at women toward LLC and of Tunisia knew from THE both aware to Anmar, that his position the COMPANY, majority 5 of 75 had LLC of been the in France. LLC HOLDINGS, pattern as a director HOLDINGS, Weinstein resides currently Weinstein's Harvey WEINSTEIN COMPANY and COMPANY WEINSTEIN Anmar LLC. were the knew women WEINSTEIN Board LLC HOLDINGS, a resident and Harvey both WEINSTEIN Lasry as a director HOLDINGS, of from of THE of toward conduct States knew of THE a citizen LLC. COMPANY, predatory and is COMPANY, Defendant WEINSTEIN he Lasry WEINSTEIN Harvey LLC. Marc position his with relationship COMPANY WEINSTEIN women as a director conduct THE United Sarnoff toward COMPANY, personal his WEINSTEIN of the of LLC. COMPANY, Lasry WEINSTEIN THE position his Defendant York. a director conduct WEINSTEIN 17. is a citizen COMPANY, sexual predatory both LLC. Sarnoff was from of THE as a director COMPANY, Defendant women toward position his WEINSTEIN 16. THE conduct accused then-THE LLC. and of and of THE Anmar THE groping WEINSTEIN Tarak THE and of practice WEINSTEIN that admitted WEINSTEIN model Anmar COMPANY INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/30/2018 LLC HOLDINGS, 19. Defendant York. THE WEINSTEIN then as a voting of practice to 20. Defendant Lakes, New LLC Koenigsberg Knew women his from THE Jeff LLC WEINSTEIN inception conduct personal Toronto, HOLDINGS, to 2015. toward his THE WEINSTEIN the and Gutierrez 2015 Koenigsberg Defendant of from Richard and WEINSTEIN pattern with HOLDINGS, Sackman is a citizen Canada. Sackman Sackman from HOLDINGS, his of Harvey personal of the United was a director of LLC and THE relationship 6 of 75 with on on and pattern and of THE LLC. heard through sexual THE from LLC of Franklin COMPANY October conduct and and a of predatory his belief, LLC's COMPANY, and belief, COMPANY information Weinstein toward LLC. information practice 2017. of THE as a director WEINSTEIN Harvey had WEINSTEIN from, and a director COMPANY, THE to 2013 a resident position and, pattern Weinstein's and 2005 his States 2005 WEINSTEIN WEINSTEIN COMPANY, LLC and and COMPANY, of predatory Weinstein THE THE LLC COMPANY, STEIN from practice and LLC as he States of LLC and Harvey WEINSTEIN Knew United COMPANY, Weinstein's THE of the a director was position New Bedford, Weinstein's Harvey WEIN of from allegations, THE and is a citizen Koenigsberg COMPANY women Harvey relationship COMPANY WEINSTEIN women Weinstein. of Harvey observer toward to renewing HOLDINGS, of against THE COMPANY Knew complaints and a resident and Maerov LLC Richard States as a non-voting LLC supported allegations. United HOLDINGS, Jersey. HOLDINGS, prior years members present. conduct COMPANY about employees the Board WEINSTEIN including HOLDINGS, for Maerov, STEIN resident sexual predatory COMPANY According 21. through of the THE of LLC, assault serious is a citizen COMPANY, LLC COMPANY, the a director was member WEINSTEIN WEIN despite Maerov Lance Maerov Lance WEINSTEIN contract Weinstein's Harvey THE and sexual position as INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 a RECEIVED NYSCEF: 04/30/2018 director THE of Defendant New James Dolan York. WEINSTEIN and WEINSTEIN 23. By conduct LLC HOLDINGS, their themselves of the 24. This has jurisdiction in law Venue commissions Weinstein New York Weinstein reside 26. That Law § 296.1(a), sexual on repeated sexual York in the York a York Miller Place, LLC HOLDINGS, pattern personal relationship with COMPANY to claims member board and venue and THE and of practice Weinstein Harvey LLC HOLDINGS, CPLR subject over this THE and incorporated of Director the in New to jurisdiction because it is the jurisdiction, LLC Holdings, and therein, substantial because in this Company each case COMPANY WEINSTEIN Defendants York. of a court general York. 503(a) occurred THE of LLC, are of New State Weinstein in are New his of corporate maintain individual of parts their the The Defendants, principal defendants or event offices including in Harvey County. Defendants New in the to the are in this harassment Harassment, WEINSTEIN a resident and Weinstein's COMPANY, and pursuant and States Harvey WEINSTEIN as of New laws and City United COMPANY of from WEINSTEIN equity rise Company the Knew THE positions proper giving of WEINSTEIN Dolan jurisdiction and is of THE availed 25. THE and LLC. and Court THE women toward COMPANY, of is a citizen of a director as virtue Dolan LLC. COMPANY, position his L. a director was sexual predatory LLC HOLDINGS, LLC. COMPANY, 22. COMPANY WEINSTEIN violation Human workplace Penal harassment, Code of, Rights and Law, New § 240.30 sexual other among N.Y. York Exec. Law Consolidated (Assault intimidation, 7 of 75 and New things, Battery). emotional York § 290 Laws City et seq. NY CPLR The abuse, causes Human which assault prohibits § 213-C, of action and Rights Sexual are based battery of INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 Plaintiff Defendant by events and various and RECEIVED NYSCEF: 04/30/2018 of actions THE Weinstein Harvey for capacities, Weinstein Harvey took Weinstein Harvey WEINSTEIN Over she of her and Weinstein 30. 31. Peninsula 32. Hotel on That York, and That 33. sex acts, in Los or bullied between verbally if she there in employment, LLC HOLDINGS, the WEINSTEIN not did would 2017, succumb entertainment Tribeca Grand Weinstein Harvey to his be retaliation, in the 2012, plaintiff 2, 2012, and/or for demands constantly sexual humiliation, including contact the loss business. hotel in New Manhattan, Weinstein Harvey multiple in the in times Tribeca assaulted October 22, York, Harvey Los sexually assaulted, verbally Angeles, California, in the hotel Grand New in Manhattan, York, Harvey plaintiff. 2012, Weinstein Harvey assaulted sexually plaintiff at the Manhattan, New California. Angeles, around foregoing Hotel. May about The Plaintiff's COMPANY WEINSTEIN up to September to March, intimidated assaulted or in 2011 December Weinstein Harvey threatened into on That with 2015. plaintiff. or Peninsula sexually that to work 2010, November, and THE and conduct ability 12, on or about That Weinstein it clear assaulted from Hotel made August bullied assaulted, misconduct any in conjunction HARVEY OF of his unwanted of loss sexually That Montage his on That 29. and exposed job 28. course through years LLC. COMPANY, Plaintiff threatened or if the of a period place and ACTIONS 27. over 20, intimidated 2012, plaintiff in the and Tribeca forced Grand plaintiff Hotel to in perform oral raped, forced sex and plaintiff. 2010 abused and 2014, and Harvey threatened Weinstein plaintiff 8 of 75 sexually numerous assaulted, times. plaintiff INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/30/2018 on That 34. May 29, in 2014, Malaysia, Weinstein Harvey assaulted sexually and raped plaintiff. 35. That abused Plaintiff 36. That Harvey Weinstein 37. That Budapest, in the on anyone about 39. On requests 40. act for business him give was made he of many that and demanded wanted, and room in the Hills, Beverly verbally California, Seasons abused plaintiff. threatened plaintiff not occurrences on Hotel in speak to in 2010. Plaintiff or bystanders in isolated were around and threatened plaintiff despite contact, himself to starting with persons sexual forcing Four verbally meeting other no plaintiff, in such on insisted sure Hotel and verbally one Weinstein with what assaulted Weinstein which purposes, meetings threatened act. Weinstein's physically Harvey Peninsula a sex in Harvey Harvey of plaintiff, the performing 2015, 2017, Weinstein Harvey plaintiff repeated to stop. correct or knew curtail or should such known have activity. Instead, about Weinstein's Harvey Defendants facilitated, and conduct, and hid, did not supported his conduct. for exchange WEINSTEIN or not into in 2014, Weinstein 29, 2, 2014, York. 21, 24, occasions, business HARVEY at THE June abuse many would unlawful 41. plaintiff Harvey Defendants, to forced August his having she December or about on environments New about Hungary, That if or December following in Manhattan, on 38. when week career advancement COMPANY, WEINSTEIN anywhere WEINSTEIN else. LLC, COMPANY HARVEY made quid at THE and in quo general, or or offers demands COMPANY WEINSTEIN HOLDINGS, WEINSTE1N's pro to LLC overt 9 of 75 avoid adverse and THE quid pro employment sexual sexual LLC HOLDINGS, WEINSTEIN quo of in favors and THE consequences COMPANY, harassment LLC further INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 contributed LLC to the THE and 42. The physical 43. quid pro in Individuals 44. of 45. well than and Weinstein of complained career qualifying sex or intimate on opportunities or to the and herein THE were Human WEINSTEIN subject Department Resources COMPANY, retaliation to LLC, HARVEY by complaints. treated Harvey Weinstein repeatedly employees through plaintiff other and women less treated female well than others, and gender-based persistently hostile workplace employees quid harassment, less pro quo discrimination. Defendant Harvey similarly situated Alexandra or for demands including gender. male harassment, women of their subsidiaries. forms, LLC Weinstein Defendant 46. HOLDINGS, as those its HOLDINGS, behavior. COMPANY Harvey their and COMPANY WEINSTEIN advancement, to Harvey as a result Defendant because career dress and several complained transgressions WEINSTEIN took for attractive WEINSTEIN similar harassment exchange who LLC COMPANY, quo THE within environment WEINSTEIN or otherwise of THE work hostile contact flirtatious for RECEIVED NYSCEF: 04/30/2018 yet Canosa, Weinstein similarly plaintiff to Alexandra was nothing done assaulted sexually to before Canosa, prevent and future these acts, threatened aforesaid acts those including other numerous to Plaintiff of complained herein. 47. Weinstein Harvey overwhelm and objections to his or to face choice but adverse subdue used were consequences. to do his threaten and conduct bidding power his met Plaintiff with Harvey or suffer in the dire movie so anger and physical industry, that she would not demands immediately created an environment Weinstein consequences -1 10 of 75 both physically power refuse to and his advances. accede to his in which and to personality to plaintiff's there Any wishes was career. no INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/30/2018 Pursuant 48. induced received by anyone about to her well-being 49. As ever were she from of plaintiff's all defendants other any violation all and and victim, THE LLC defendants by, aware among other even though multiple to thereby allowing thought her of (1) a history operate using as all of the ago) as she lawsuit, any were at THE plaintiff LLC, to say to anything as well as physical and condoned said up any wrongdoing. acts committed a interrelated, of to was continue one that to in without and LLC of history misconduct improperly, AND HOLDINGS, employees misconduct Weinstein circumstance if she ratified to cover FAILURES Weinstein's Harvey sexual filing of herein, of, worked were herein, COMPANY things: he had claims Weinstein of a year are threats by that Weinstein, Harvey collective threats and act, were a abuse. WEINSTEIN were from Weinstein Harvey than less herein alleged COMPANY, refrain to aware timely COMPANY 51. (until complained were are further claims by conduct claims so. herein, acts/inactions continuous did by plaintiff's WEINSTEIN deception career illicit Weinstein's Harvey received or to her threats THE and of in power was LLC HOLDINGS, all estoppel, Weinstein as Harvey verbal if equitable misrepresentations fraud, described All 50. and as long numerous of doctrine COMPANY WEINSTEIN was the as, for made timely to (4) his she sexual adequate to and alone 11 of 75 WEINSTEIN misconduct but in meeting corrective attempting -11- THE meetings" "business suffered and for arrange predatory ACTS keep in and such his (2) rooms paying off continuing to allow misconduct a secret behavior no conduct hotel places; (3) Weinstein's therefore facilitated Weinstein's actions; threatening COMPANY, one to would Plaintiff believe who her. INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/30/2018 That 52. WEINSTEIN aided Weinstein That That 54. WEINSTEIN plaintiff and/or failed about COMPANY, LLC to take LLC HOLDINGS, a specific intentionally of herein. complained COMPANY discharging or importuned, THE and of duty affirmative THE and performance COMPANY WEINSTEIN had which of Harvey notice amounted reasonable steps to Weinstein's a recurring of to become aware Harvey Weinstein complained recklessly tolerated such unlawful repeated yet issue, failed to THE conduct with investigate or to issues, recurring and LLC HOLDINGS, further, do anything them. 55. That requested, the 56. LLC THE the WEINSTEIN and illicit Weinstein Harvey statute COMPANY, corporation, conservation agent of Harvey of THE LLC committed clearly or an offense by by indicates set forth a COMPANY in title the LLC scope and was intent legislative of complained within Weinstein THE were authorized, solicited, COMPANY WEINSTEIN LLC. WEINSTEIN acting herein Defendants Weinstein HOLDINGS, Harvey of COMPANY, while COMPANY offense which WEINSTEIN actions as an WEINSTEIN the of acts or That THE illicit commanded, HOLDINGS, and THE women omitted commanded, conduct LLC HOLDINGS, law. by Defendants other and illicit WEINSTEIN LLC corporations requested, in the THE COMPANY, on solicited, engaging Defendants WEINSTEIN imposed in COMPANY WEINSTEIN LLC COMPANY, Harvey 53. THE Defendants twenty-seven law. -1 12 of 75 a crime to of article engaged LLC employment WEINSTEIN and/or impose were HOLDINGS, of his THE herein and one such seventy-one criminal of the by THE and in behalf COMPANY, violation, in of LLC, defined liability environmental by on a a INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/30/2018 That 57. WEINSTEIN of LLC HOLDINGS, of complained and 59. That corporations That requested, the LLC That WEINSTEIN THE and which the Weinstein Harvey omitted and illicit offense clearly THE COMPANY, indicates COMPANY THE and conduct Weinstein Harvey WEINSTEIN HARVEY by WEINSTEIN committed against other and THE further. LLC HOLDINGS, or importuned, complained COMPANY intentionally of herein. LLC HOLDINGS, a specific discharging tolerated WEINSTEIN of Harvey of THE agent LLC COMPANY committed WEINSTEIN commanded, conduct Weinstein Harvey actions as an similar of THE and of duty affirmative THE and performance law. or recklessly WEINSTEIN the LLC of requested, STEIN THE committed COMPANY illicit acts LLC or to investigate STEIN illicit HOLDINGS, instances in the WEIN of acts LLC. same THE by commanded, HOLDINGS, 62. illicit COMPANY, solicited, engaging COMPANY, on 61. in the Defendant activities LLC HOLDINGS, of other WEIN LLC performed behalf illicit the about THE Defendants WEINSTEIN of anything Weinstein That imposed to do in be COMPANY numerous COMPANY, Harvey 60. aware Defendants WEINSTEIN aided was and or to WEINSTEIN WEINSTEIN herein, failed of name COMPANY STEIN caused THE LLC COMPANY, the THE and Defendants women, in herein, WEIN LLC COMPANY, complained 58. THE Defendants by while Weinstein LLC a legislative Weinstein intent was to impose were THE complained of COMPANY WEINSTEIN within herein authorized, solicited, COMPANY WEINSTEIN LLC. COMPANY, acting of Defendant the by HOLDINGS, Harvey complained the and scope a crime such 13 of 75 were HOLDINGS, of his THE herein employment WEINSTEIN and/or criminal LLC and defined on in by THE and in behalf COMPANY, violation liability engaged by a corporation, of LLC, a statute or an INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/30/2018 forth set offense in twenty-seven title of article of seventy-one environmental the conservation law. That 63. WEINSTEIN of LLC HOLDINGS, THE LLC such and use 65. COMPANY contained THE LLC Defendant COMPANY, LLC. the order to avoid THE WEINSTEIN of Weinstein Harvey COMPANY WEINSTEIN extent of ability to hire future prompt the COMPANY, misconduct; absolutely or supervise employees of recurrence corrective WEINSTEIN to keep such or misconduct; extensive LLC enforcement, the THE and WEINSTEIN used settlements and public, WEINSTEIN of allegations THE action, COMPANY, law LLC HOLDINGS, the and acts THE and altogether. taking Agreements discovering nature illicit THE and WEINSTEIN's THE and the LLC LLC HOLDINGS, of discover and COMPANY from employees behalf employment investigating WEINSTEIN in performed HOLDINGS, in resources Non-Disclosure be HARVEY restrict HOLDINGS, strict to WEINSTEIN's of Instead or WEINSTEIN investigate corporate HARVEY of to COMPANY misconduct; of caused name THE and further to: prohibit terminate the WEINSTEIN failed his in herein, COMPANY WEINSTEIN LLC COMPANY, complained 64. THE Defendants that even other LLC COMPANY, misconduct HARVEY against WEINSTEIN. THE 66. LLC itself were entered subject COMPANY agreements, to several into employees. company COMPANY WEINSTEIN Many broad these witnesses LLC them from Non-Disclosure to Non-Disclosure HOLDINGS, preventing of LLC HOLDINGS, HARVEY THE pursuant their -1 14 of 75 own WEINSTEIN unlawful to conduct THE their of with separately WEINSTEIN LLC COMPANY, observations COMPANY, settlements -containing WEINSTE1N's WEINSTEIN revealing THE agreements Agreements and and misconduct employment to law INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/30/2018 enforcement WEINSTEIN unlawful conduct to LLC COMPANY WEINSTEIN ROBERT and far continue THE beyond WEINSTEIN the date LLC HOLDINGS, HARVEY enabled through when, an effective lacked harassment or other sexual harassment policies or reasonable Human complain, it did of sexual Resources not by THE and WEINSTEIN's it diligence, or or other empowered not train consistent misconduct; to THE and investigating it did law: a meaningful have harassment was and reporting as is required not LLC HOLDINGS, for process misconduct, laws; claims preserving COMPANY WEINSTEIN LLC COMPANY, and THE way, should stopped. That 67. this COMPANY, been have In as well. complaints of sexual employees on sexual for process when and, address WEINSTEIN claims documenting individuals related did HARVEY to WEINSTEIN. THE 68. LLC did not WEINSTEIN, HARVEY WEINSTEIN HARVEY conduct unlawful the and THE was of key able only HARVEY THE such persons laws in engage of repeated Defendant LLC's and prevent Defendant company. WEINSTEIN WEINSTE1N's to COMPANY, the representing COMPANY, of wrongdoing acts and WEINSTEIN committed by or prevent as plaintiff, conduct. members WEINSTEIN THE and regarding employees in recurring nondiscrimination and made act to protect engaging failure while LLC for not from relevant conduct HOLDINGS, responsible of LLC with did LLC HOLDINGS, complaints WEINSTEIN because HOLDINGS, complied investigate adequately HARVEY 69. COMPANY WEINSTEIN -1 15 of 75 on failing its THE separate to ensure COMPANY that from WEINSTEIN acquiescence grounds. unlawful persistent WEINSTEIN executives LLC's COMPANY, misconduct THE and the company engaging in COMPANY renders it INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 70. Individuals of THE for RECEIVED NYSCEF: 04/30/2018 who WEINSTEIN similar THE LLC's decision shield HARVEY LLC prior Through COMPANY violated by for terms, 74. LLC The and quid pro conditions, conduct THE would York COMPANY, retaliation LLC, HARVEY by to and privileges inactions a of COMPANY and to HARVEY enabled misconduct, and in about said HOLDINGS, COMPANY, of of even that LLC New work hostile did THE COMPANY, and more they Defendants Laws otherwise WEINSTEIN instances above, Rights THE discovery WEINSTEIN and COMPANY, of misconduct, claims WEINSTEIN resulted sex-based of that WEINSTEIN coworkers. described Human State harassment, WEINSTEIN Department Resources to THE credible LLC anything THE and quo and subject and of and have inactions LLC LLC HOLDINGS, or to do employees subjecting employees that and New Human WEINSTEIN were of THE LLC COMPANY efforts the herein consequences COMPANY, actions THE and to investigate employees victimizing HOLDINGS, persistently of power from misconduct, the LLC HOLDINGS, their WEINSTEIN to undertake or to the complaints. utilizing WEINSTEIN Weinstein complained COMPANY WEINSTEIN WEINSTE1N's in the of their to avoid THE failed Laws as those to continue THE 73. HOLDINGS, WEINSTEIN WEINSTEIN 72. COMPANY as a result 71. and to Harvey transgressions WEINSTEIN LLC complained York against know about. WEINSTEIN and repeatedly City environment, discriminating HARVEY Human female targeting female Rights employees employment. THE Defendants LLC COMPANY, COMPANY WEINSTEIN of complained herein was willful, HOLDINGS, wanton, and malicious. 75. Defendants COMPANY, LLC THE WEINSTEIN repeatedly and COMPANY persistently HOLDINGS, aided 16 of 75 and abetted LLC wrongful and THE conduct, WEINSTEIN namely, the INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/30/2018 gender-based female employees 76. Defendants and conditions, hostile treatment 78. By sex and LLC of New THE Defendants LLC COMPANY, substantial 80. factor It was COMPANY, in negligence THE WEINSTEIN continued THE and WEINSTEIN sexual WEINSTEIN's LLC HOLDINGS, of the and right THE and women deprived persistently, of from to be free LLC COMPANY, Rights Law harassment equal severe WEINSTEIN treatment in or pervasive COMPANY WEINSTEIN discriminated against persons based §40-c. LLC HOLDINGS, and/or HARVEY retaining THE and WEINSTEIN WEINSTEIN was harm. Weinstein would COMPANY allow THE Defendants above, supervising Harvey to LLC employees. COMPANY Plaintiff that LLC alleged WEINSTEIN in causing against sex. Civil foreseeable Defendants and WEINSTEIN York HARVEY female of employment conduct THE discrimination and of, HOLDINGS, COMPANY repeatedly, of their the and in violation 79. against privileges of harassment quo in acquiesced WEINSTEIN because pro COMPANY and/or knowingly, reason HOLDINGS, if THE quid WEINSTEIN. discrimination LLC terms, of, WEINSTEIN condoned Defendants COMPANY, on THE gender-based 77. harassment HARVEY by LLC COMPANY, of work hostile Harvey in sexual engage LLC HOLDINGS, Weinstein to have private and physical and THE business misconduct WEINSTEIN meetings with women. 81. Defendants COMPANY, into would engaging cause LLC in THE knew physical WEINSTEIN that and Harvey sexual COMPANY Weinstein contact was and HOLDINGS, using knew harm. 17 of 75 his that power this LLC and and position physical and THE WEINSTEIN to coerce sexual women misconduct a INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 82. RECEIVED NYSCEF: 04/30/2018 Defendants THE WEINSTEIN failed to COMPANY, LLC with Weinstein, Harvey actual possessing omissions 83. institute LLC WEINSTEIN were aware supervise adequately COMPANY and with 84. As a LLC conscious direct was a victim 85. The of Harvey sexual WEINSTEIN has and suffering ROBERT 86. That aided intentionally 87. That performance 88. unlawful Defendant Defendant imposed That Defendant conduct with Weinstein in WEINSTEIN corporations ROBERT plaintiff and by to stress, in the omitted to THE remove women or WEINSTEIN with acted actual safety. COMPANY WEINSTEIN conduct and failure to act, severe and Plaintiff suffer and continuing, the of loss AND life. ACTS requested, illicit of enjoyment permanent commanded, conduct of herein. complained a specific discharging or importuned, of affirmative duty law. WEINSTEIN other and misconduct. solicited, engaging acts WEINSTEIN failing LLC THE FAILURES WEINSTEIN ROBERT on emotional WEINSTEIN'S ROBERT Harvey Plaintiff caused of Canosa's LLC physical Such THE and Defendants so, Defendant COMPANY, and LLC COMPANY, Alexandra of result sexual do LLC others. consequences WEINSTEIN to Plaintiff Weinstein's and THE to failing THE COMPANY, behavior. HOLDINGS, dangerous In and misconduct pain psychological, probable proximate THE and the disregard and LLC HOLDINGS, of contact into Defendants WEINSTEIN of safety COMPANY Weinstein. Harvey HOLDINGS, malice of the WEINSTEIN coming despite inappropriate sexually disregard THE misconduct THE and THE and women protect to sexual LLC Weinstein's Harvey a conscious Defendants from Plaintiff, LLC HOLDINGS, measures HOLDINGS, of notice demonstrate COMPANY, corrective including COMPANY WEINSTEIN COMPANY had which 18 of 75 notice amounted of Harvey to Weinstein's a recurring issue, repeated yet failed INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 to RECEIVED NYSCEF: 04/30/2018 investigate and/or further, failed to take reasonable steps to become of aware such recurring issues. That 89. requested, Weinstein Harvey employment Weinstein was intent to impose seven of article 91. That Weinstein 92. as in and liability of herein, ROBERT Harvey Defendant That the ROBERT ROBERT the Weinstein illicit as actions an agent to do anything Harvey by of the illicit other omitted the by scope of his by Harvey indicates set forth the illicit a legislative in twenty- title about illicit acts activities committed of similar commanded, conduct by conduct further. or importuned, of herein. complained a specific discharging Harvey WEINSTEIN. or to investigate same of ROBERT instances requested, in the engaging of Defendant numerous solicited, WEINSTEIN or recklessly commanded, That of failed in corporations acts and herein, in engaged committed clearly to be performed aware WEINSTEIN Weinstein on illicit and women, Harvey imposed requested, 96. Defendant of was was within offense solicited, law. of or in behalf WEINSTEIN complained other caused name an conservation herein offense which or authorized, WEINSTEIN. acting the a statute a corporation, WEINSTEIN in the and by environmental ROBERT Defendant aided performance of the seventy-one on of while WEINSTEIN, were ROBERT complained WEINSTEIN defined herein Defendant the by Weinstein ROBERT of criminal against That ROBERT such Defendant intentionally of a violation, complained That agent Harvey and/or committed 95. an of of complained tolerated a crime WEINSTEIN 94. actions behalf HARVEY 93. Weinstein Harvey or recklessly illicit the of acts commanded, That 90. illicit the of affirmative duty law. Weinstein tolerated of Harvey of ROBERT of complained by the Weinstein Defendant complained WEINSTEIN -1 19 of 75 while herein were ROBERT of authorized, WEINSTEIN. herein acting solicited, within was engaged the scope in by of his INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/30/2018 employment Weinstein was legislative intent twenty-seven Weinstein the and 100. broad Non-Disclosure revealing WEINSTEIN THE to HARVEY their own COMPANY to keep extensive several of Harvey WEINSTEIN. nature to avoid and future extent of ability to recurrence altogether. Weinstein Robert law LLC THE and of used the enforcement, public, WEINSTEIN misconduct LLC HOLDINGS, these a in title of WEINSTEIN's allegations COMPANY into the action, HOLDINGS, the entered discover corrective forth acts ROBERT employment Agreements discovering against and Non-Disclosure THE - agreements employees. unlawful WEINSTE1N's pursuant COMPANY, observations prompt taking itself company WEINSTEIN WEINSTE1N's indicates set illicit the in order resources Harvey law. HARVEY restrict by clearly or an offense of Defendant to committed which statute to be performed misconduct; corporate offense conservation investigate WEINSTEIN with Agreements a corporation, COMPANY from LLC on further of a of or in behalf Non-Disclosure employees THE use and by caused HARVEY WEINSTEIN witnesses such his THE settlements and and strict COMPANY, Many to: contained WEINSTEIN. containing failed investigating LLC WEINSTEIN LLC of other HARVEY name or terminate that COMPANY, in the the defined environmental the WEINSTEIN prohibit employees one liability of and WEINSTEIN, criminal WEINSTEIN absolutely Instead even such of herein, misconduct; settlements violation, ROBERT Defendant or supervise 99. and/or seventy-one complained such ROBERT impose article misconduct; hire of behalf crime to ROBERT 98. of a of That 97. in and of HOLDINGS, THE to their LLC misconduct LLC and law THE 20 of 75 COMPANY agreements, enforcement WEINSTEIN were separately WEINSTEIN employment to conduct In to HOLDINGS, preventing as well. subject this COMPANY, them from way, THE LLC and INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 ROBERT WEINSTEIN beyond 101. RECEIVED NYSCEF: 04/30/2018 the date employees and not did or to far continue stopped. investigate complaints not did WEINSTEIN, HARVEY prevent conduct been have adequately HARVEY by as plaintiff, WEINSTEIN the WEINSTE1N's ROBERT so, doing WEINSTEIN act from made protect to in engaging work hostile claims of misconduct, WEINSTEIN free he was the co-owner, of and misconduct, in repeated to ensure and persistent and that he and their prevent unlawful the aforesdaid from executives company. him responsible for responsible for acquiescence also renders co-Chairman, and co-CEO, was other unlawful conduct. harassment to in acquiesced engage in sexual shield misconduct to avoid HARVEY LLC HARVEY allowing preventing. WEINSTEIN HOLDINGS, and for decision HARVEY COMPANY sexual responsible WEINSTE1N's enabled laws representing as and of which ROBERT nondiscrimination WEINSTEIN environment WEINSTEIN, engage misconduct. workplace, ROBERT to WEINSTEIN WEINSTE1N's WEINSTEIN, a safe ROBERT of while ROBERT able only relevant conduct Defendant maintaining was failure with in unlawful HARVEY 105. committed complied engaging of wrongdoing of because companies 104. WEINSTEIN such it should diligence, ROBERT persons HARVEY conduct 103. reasonable unlawful WEINSTEIN's conduct. recurring 102. of acts regarding through when, Defendant HARVEY enabled that his utilizing to and continue THE coworkers. 1- 21 of 75 WEINSTEIN from victimizing WEINSTEIN known was power WEINSTEIN Yet to to to investigate consequences employees COMPANY, instead create a ROBERT credible of of LLC that THE and INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/30/2018 106. ROBERT at least a portion of HARVEY 107. Through the actions and repeatedly Rights female employees 109. The women and the namely, female sexual and of ROBERT Rights Laws work hostile otherwise WEINSTEIN New and York environment, targeting against discriminating City female employment. WEINSTEIN of complained from 112. By against persons 113. Defendant reason of the based was terms, herein were willful, sex ROBERT a substantial alleged in violation WEINSTEIN's factor and/or treatment above, of New harassment of, and 22 of 75 and Civil Rights in supervising harm. HARVEY in female employees. deprived persistently, employment ROBERT Defendant Plaintiff of of their because York against repeatedly, privileges negligence in causing quo wrongful abetted acquiesced discrimination knowingly, and pro and WEINSTEIN. gender-based has quid of, condoned conditions, hostile conduct on and WEINSTEIN or pervasive severe of aided persistently harassment HARVEY by WEINSTEIN in treatment work hostile harassment and repeatedly employees ROBERT equal be free WEINSTEIN ROBERT Defendant WEINSTEIN a sex-based privileges ROBERT of inactions Human State harassment, and gender-based against Defendant of quo conditions, ROBERT Defendant WEINSTE1N's 111. pro of discovery malicious. discrimination 110. quid to in resulted Defendant above, York employees have may misconduct. described New the that efforts prior inactions subjecting terms, conduct and conduct, by to undertake WEINSTEIN's violated for in the employees wanton, Laws failed and persistently Human 108. WEINSTEIN and of the right sex. WEINSTEIN Law discriminated §40-c. and/or retaining HARVEY to INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/30/2018 It was 114. ROBERT with WEINSTEIN Weinstein Harvey continued to allow would in sexual engage Weinstein Harvey to if Defendant misconduct have private business meetings women. ROBERT Defendant 115. position would to women coerce cause coming into into ROBERT with contact ROBERT Defendant WEINSTEIN that knew in engaging sexual Weinstein Harvey contact and was that knew sexual this power his using and misconduct harm. Defendant 116. inappropriate of that foreseeable WEINSTEIN Weinstein, Harvey WEINSTEIN Such behavior. failed to institute actual acts and omissions of notice demonstrate to protect measures from Plaintiff, including possessing corrective sexual women misconduct despite Weinstein's Harvey a conscious sexually of disregard the safety others. 117. Defendant failing to ROBERT WEINSTEIN or adequately ROBERT WEINSTEIN acted Alexandra Canosa's remove 118. As a direct failure to act, misconduct and suffering and a LANCE That emotional Defendant MAEROV, the probable In Weinstein. Harvey actual malice victim to RICHARD of suffer and stress, DIRK of result Plaintiff BOARD 119. with proximate was caused and supervise of aware with and dangerous to failing conscious of consequences do Defendant so, disregard to Plaintiff safety. Plaintiff has was Harvey ZIFF, severe the loss of TIM enjoyment KOENIGSBERG, and of MARC JAMES 23 of 75 The psychological, and sexual pain life. ACTS LASRY, L. conduct misconduct. permanent AND FAILURES SARNOFF, WEINSTEIN's sexual Weinstein's continuing, DIRECTORS' OF ROBERT Defendant DOLAN TARAK and BEN JEFF AMMAR, SACKMAN INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 solicited, requested, in the engaging That 120. LANCE commanded, illicit conduct TIM ZIFF, MARC SARNOFF, of duty Weinstein Harvey affirmative TARAK LASRY, JAMES KOENIGSBERG, a specific aided intentionally in of herein. complained RICHARD discharging or importuned, DIRK Defendants MAEROV, omitted by RECEIVED NYSCEF: 04/30/2018 L. performance DOLAN BEN SACKMAN JEFF and imposed on LASRY, TARAK AMMAR, corporations/directors law. That 121. LANCE had of Harvey amounted to to become 122. That requested, the LASRY, JAMES L. Harvey illicit acts of TARAK the Weinstein SACKMAN illicit KOENIGSBERG, Weinstein agent MAEROV, acting MARC SARNOFF, BEN within was L. a crime investigate Weinstein with further, the by LANCE AMMAR, of complained tolerated DOLAN plaintiff other and and/or SACKMAN JEFF and failed to AMMAR, women take which reasonable herein were authorized, Defendants DIRK MAEROV, RICHARD TIM ZIFF, solicited, SARNOFF, KOENIGSBERG, SACKMAN. of Harvey of DIRK Weinstein RICHARD the scope DOLAN and/or his violation, one SACKMAN, defined 24 of 75 L. in behalf LANCE AMMAR, JEFF and and by were LASRY, JAMES employment BEN herein MARC SARNOFF, KOENIGSBERG, of of complained TIM ZIFF, TARAK LASRY, JAMES to conduct L. BEN issues. Harvey actions as an while failed recurring JEFF and LANCE yet or recklessly DOLAN That AMMAR, Harvey such commanded, MARC 123. of JAMES unlawful repeated issue, aware MARC SARNOFF, KOENIGSBERG, Weinstein's a recurring TIM ZIFF, RICHARD MAEROV, notice steps DIRK Defendants and a statute engaged in TARAK BEN DOLAN and JEFF DIRK ZIFF, TIM of RICHARD MAEROV, the offense which by committed clearly indicates by a INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/30/2018 intent legislative twenty-seven LANCE in article DIRK of that of LANCE the of acts MARC DIRK TIM ZIFF, RICHARD MAEROV, Weinstein L. TARAK DOLAN MARC AMMAR, SACKMAN of herein, in the LASRY, TARAK JAMES KOENIGSBERG, BEN JEFF and complained SARNOFF, in title law. LASRY, JAMES set forth an offense conservation SARNOFF, Harvey or a corporation, environmental KOENIGSBERG, illicit Defendants on liability TIM ZIFF, RICHARD to be performed AMMAR, criminal seventy-one Defendants behalf such impose MAEROV, caused or of That 124. to DOLAN L. of name and BEN JEFF SACKMAN. 125. LANCE was DIRK Defendants numerous anything 126. LANCE of the illicit other instances about That 127. LANCE omitted directors 128. requested, same Defendants MAEROV, solicited, engaging RICHARD MAEROV, aware requested, in the That illicit Defendants MAEROV, law. That the of illicit commanded, SARNOFF, KOENIGSBERG, activities committed similar DIRK of JAMES L. TARAK DOLAN WEINSTEIN committed against MARC SARNOFF, and BEN other of herein, and women, AMMAR, SACKMAN JEFF complained or failed and to do Harvey or recklessly of DOLAN and aided intentionally MARC SARNOFF, JAMES KOENIGSBERG, duty L. BEN AMMAR, SACKMAN JEFF Weinstein Harvey in of herein. TIM ZIFF, TARAK LASRY, JAMES importuned, RICHARD acts TIM complained DIRK LASRY, HARVEY KOENIGSBERG, commanded, conduct MARC further. ZIFF, RICHARD by conduct or to investigate a specific discharging by TIM ZIFF, affirmative Weinstein tolerated L. performance complained by the 25 of 75 TARAK LASRY, DOLAN Defendants herein JEFF on corporations were authorized, imposed of and BEN DIRK ZIFF, TIM AMMAR, SACKMAN and their solicited, SARNOFF, INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/30/2018 MARC LASRY, JAMES L. DOLAN That 129. SACKMAN legislative twenty-seven 130. in to of That LANCE or was intent agent the of his one on liability the TIM of acts DIRK MARC Weinstein TIM ZIFF, which and JEFF committed clearly by indicates set forth TARAK DOLAN MARC JAMES BEN a in title AMMAR, SACKMAN JEFF and complained KOENIGSBERG, BEN by law. LASRY, SARNOFF, TARAK offense or an offense L. in DOLAN L. the conservation engaged LASRY, a statute by JAMES Harvey and a corporation, SARNOFF, RICHARD MAEROV, defined environmental were JAMES employment, KOENIGSBERG, illicit Defendants LANCE of ZIFF, RICHARD that KOENIGSBERG, herein MARC SARNOFF, KOENIGSBERG, violation, criminal of complained TIM ZIFF, scope and/or DIRK to be performed Weinstein RICHARD seventy-one MAEROV, AMMAR, DIRK such impose article of of a crime Defendants behalf Harvey within acting Weinstein Harvey of MAEROV, while RICHARD MAEROV, SACKMAN. JEFF as an LANCE AMMAR, actions LANCE AMMAR, BEN and illicit the Weinstein Harvey caused TARAK of herein, in the LASRY, TARAK DOLAN L. of name and BEN JEFF SACKMAN. 131. DIRK Defendants LANCE failed RICHARD MAEROV, to: further prohibit such and use his terminate 132. SARNOFF, investigate corporate HARVEY Instead to MARC discover in and TARAK LASRY, JAMES L. and WEINSTEIN's order taking MARC nature to employment WEINSTEIN's LASRY, the HARVEY resources of investigating SARNOFF, KOENIGSBERG, restrict misconduct; of TIM ZIFF, prompt BEN avoid DOLAN extent ability future TARAK of the to hire recurrence and BEN JEFF AMMAR, SACKMAN misconduct; absolutely or supervise employees of such or misconduct; altogether. corrective AMMAR, 26 of 75 action, Defendants LANCE DIRK MAEROV, ZIFF, TIM RICHARD INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/30/2018 JAMES KOENIGSBERG, strict Non-Disclosure from employees with settlements conduct COMPANY employment agreements, enforcement WEINSTEIN unlawful been had also had earlier, LLC from THE WEINSTEIN beyond the THE their revealing ROBERT and far and them way, LLC DIRK misconduct LLC date WEINSTEIN WEINSTEIN's Agreements pursuant WEINSTEIN containing unlawful THE their to LLC COMPANY, of misconduct observations LLC HOLDINGS, HARVEY enabled through when, THE and HARVEY own LLC HARVEY against agreements COMPANY WEINSTEIN to take power the but failed to concern to refuse to that ZIFF, RICHARD MAEROV, act, HARVEY steps to TIM SARNOFF, stop KOENIGSBERG, HARVEY to renew in part to WEINSTEIN, concrete DIRK SARNOFF, KOENIGSBERG, HARVEY supervise and TIM ZIFF, RICHARD Defendants LANCE due to parties, 134. In this continue MAEROV, power third Non-Disclosure THE other COMPANY, Non-Disclosure to even and public, contained reasonable to THE and WEINSTE1N's it diligence, should stopped. Defendants LANCE broad these witnesses HOLDINGS, COMPANY, to to preventing as well. conduct 133. subject of that settlements WEINSTEIN HOLDINGS, of Many the THE allegations several into employees. were and COMPANY entered company separately WEINSTEIN have itself used enforcement, LLC extensive WEINSTEIN LLC COMPANY, law keep HOLDINGS, the SACKMAN JEFF and to discovering THE WEINSTEIN. law Agreements COMPANY WEINSTEIN DOLAN L. out of HARVEY WEINSTE1N's illicit MARC LASRY, JAMES L. limit contact his TARAK DOLAN female AMMAR, SACKMAN JEFF and with BEN employees and conduct. MARC LASRY, JAMES L. WEINSTEIN's DOLAN 27 of 75 and employment WEINSTE1N's departure TARAK or a public power battle BEN JEFF contract and influence over his AMMAR, SACKMAN in 2015 and contract and in part would INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/30/2018 financial inflict WEINSTEIN efforts independent by COMPANY WEINSTEIN LLC HOLDINGS, THE and LLC. WEINSTEIN HARVEY remove THE on COMPANY, HARVEY 135. any harm and Board Board members WEINSTEIN or DIRK TIM loyal members to prevent investigate him from HARVEY to of claims to continuing defeated WEINSTEIN, sexual misconduct, sexually harass or to harm and women. 136. Defendants LANCE did RICHARD MAEROV, not HARVEY WEINSTEIN, HARVEY WEINSTEIN HARVEY conduct did of DIRK MAEROV, RICHARD to 138. that LANCE acquiescence MAEROV, renders of WEINSTEIN the DIRK RICHARD it TIM ZIFF, to of AMMAR, SACKMAN JEFF and such committed by or prevent as plaintiff, MARC LASRY, JAMES L. grounds. 28 of 75 JEFF and the WEINSTEIN's COMPANY Directors, including AMMAR, LANCE SACKMAN, and BEN nondiscrimination representing HARVEY of Board unlawful persistent WEINSTEIN TARAK DOLAN relevant while and THE LLC's L. SARNOFF, for BEN wrongdoing repeated Defendant JAMES KOENIGSBERG, responsible of persons in engage LASRY, conduct DOLAN acts and MARC with complied in unlawful L. COMPANY, SARNOFF, company JAMES TARAK conduct. members key LASRY, employees able only MARC regarding in recurring KOENIGSBERG, engaging Defendants was TIM ZIFF, ensure from executives THE made act to protect engaging failure and Defendants failing not from the LLC HOLDINGS, complaints WEINSTEIN because SARNOFF, KOENIGSBERG, investigate adequately 137. ZIFF, laws and prevent company. DOLAN TARAK and BEN JEFF misconduct AMMAR, SACKMAN on separate in its INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 139. RECEIVED NYSCEF: 04/30/2018 DIRK Defendants LANCE MAEROV, decision to HARVEY avoid failed undertake efforts prior WEINSTE1N's Through 141. the the New York employees and of privileges The TARAK and 143. and conduct Human inactions DOLAN Rights MARC LASRY, JAMES L. shield WEINSTEIN LLC HOLDINGS, TARAK DOLAN of discovery described BEN BEN and THE a portion at least AMMAR, SACKMAN JEFF and HARVEY of Laws and LANCE AMMAR, New environment, discriminating against York and Human City female Laws in the violated by for employees employees RICHARD persistently Rights terms, TIM ZIFF, MAEROV, repeatedly targeting female DIRK Defendants above, SACKMAN JEFF and work hostile and inactions LANCE AMMAR, SACKMAN complained DIRK MAEROV, persistently in resulted TARAK L. otherwise Defendants LANCE HARVEY to subjecting quid pro quo and conditions, employment. BEN JEFF and LASRY, to a sex-based harassment, 142. State SARNOFF, have may actions JAMES KOENIGSBERG, and misconduct. MARC SARNOFF, AMMAR, SACKMAN's JEFF misconduct, enabled COMPANY KOENIGSBERG, that of claims misconduct, WEINSTEIN and BEN coworkers. TIM ZIFF, RICHARD MAEROV, to and DOLAN L. credible of that TARAK LASRY, JAMES investigate of THE LLC DIRK to consequences employees Defendants LANCE power from COMPANY, MARC SARNOFF, KOENIGSBERG, their utilizing victimizing WEINSTEIN 140. RICHARD WEINSTEIN to continue TIM ZIFF, aided ZIFF, of DIRK Defendants RICHARD MAEROV, of herein TIM were RICHARD KOENIGSBERG, and wrongful abetted and wanton, MARC LASRY, JAMES L. conduct, 29 of 75 namely, MARC SARNOFF, JAMES KOENIGSBERG, willful, SARNOFF, TIM ZIFF, L. DOLAN malicious. TARAK DOLAN the LASRY, and BEN JEFF gender-based AMMAR, SACKMAN hostile work INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/30/2018 harassment HARVEY 144. quid of, DIRK Defendants and/or condoned against knowingly, hostile treatment 146. By reason DOLAN and Civil Rights in It was ZIFF, and above, LANCE AMMAR, employees by L. TARAK DOLAN BEN harassment SACKMAN JEFF and of AMMAR, and gender-based MARC LASRY, JAMES L. of the DOLAN women right TARAK to of be free BEN equal SACKMAN JEFF and AMMAR, in treatment from or severe terms, pervasive DIRK Defendants RICHARD MAEROV, discriminated against persons TIM ZIFF, SARNOFF, JAMES KOENIGSBERG, based on sex in MARC L. New violation of BEN AMMAR, §40-c. DIRK ZIFF, RICHARD TIM MARC SARNOFF, HARVEY retaining LASRY, JAMES KOENIGSBERG, and/or supervising Plaintiff RICHARD Harvey Law JAMES deprived persistently, alleged SACKMAN MAEROV, negligence DIRK JEFF Defendants causing female sex. conduct BEN LASRY, sexual SARNOFF, employment of their of the MARC WEINSTEIN's KOENIGSBERG, and of because TARAK TIM ZIFF, privileges LASRY, LANCE against employees. repeatedly, and 147. discrimination and SARNOFF, HARVEY RICHARD MAEROV, conditions, 148. female DIRK Defendants LANCE York of, KOENIGSBERG, in acquiesced discrimination TIM ZIFF, RICHARD MAEROV, 145. harassment quo WEINSTEIN. LANCE have pro TARAK DOLAN L. WEINSTEIN and was JEFF SACKMAN's a substantial factor harm. foreseeable TIM that Harvey SARNOFF, KOENIGSBERG, Weinstein to have private Weinstein MARC LASRY, JAMES L. business would TARAK DOLAN meetings engage and with 30 of 75 in sexual BEN JEFF women. misconduct AMMAR, SACKMAN if Defendants LANCE continued MAEROV, to allow in INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 149. RECEIVED NYSCEF: 04/30/2018 DIRK Defendants LANCE knew contact 150. Defendants LANCE failed Weinstein Harvey sexual and aware Weinstein. Harvey TARAK and of the BEN JEFF Alexandra 152. As TARAK DOLAN and Weinstein probable JEFF s sexual sexual and JAMES L. women coming SACKMAN BEN contact into AMMAR, SACKMAN with DIRK Defendants actual omissions Harvey TIM ZIFF, RICHARD MAEROV, possessing and in engaging JEFF and LANCE JEFF SACKMAN into TARAK DOLAN despite acts women AMMAR, harm. LASRY, AMMAR, BEN JEFF and to coerce MARC BEN Such DOLAN cause misconduct behavior. TIM to do LANCE acted SARNOFF, KOENIGSBERG, dangerous SACKMAN LASRY, position protect to DOLAN RICHARD AMMAR, a direct SARNOFF, TARAK ZIFF, In failing Canosa's L. TARAK of Harvey notice demonstrate a conscious others. DIRK MAEROV, JAMES would KOENIGSBERG, from LASRY, and misconduct measures L. of power his TIM inappropriate safety Defendants LANCE sexual LASRY, s sexually of the this Plaintiff, JAMES KOENIGSBERG, disregard using corrective MARC Weinstein was ZIFF, MARC SARNOFF, KOENIGSBERG, RICHARD including SARNOFF, that DIRK institute Weinstein, 151. knew MAEROV, to were RICHARD MAEROV, that TIM ZIFF, LASRY, JAMES L. of failing DIRK ZIFF, consequences so, Defendants RICHARD MAEROV, with MARC actual malice TARAK DOLAN and with SACKMAN JAMES disregard conscious supervise MARC SARNOFF, KOENIGSBERG, and JEFF AMMAR, or adequately to remove TIM BEN LASRY, L. DOLAN to Plaintiff safety. and BEN result proximate LANCE AMMAR, SACKMAN misconduct. conduct The sexual of DIRK Defendants MAEROV, and failure misconduct 1- 31 of 75 ZIFF, RICHARD to act, has was Plaintiff MARC SARNOFF, KOENIGSBERG, Plaintiff caused TIM a victim to suffer JAMES of Harvey continuing, L. INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 severe RECEIVED NYSCEF: 04/30/2018 permanent and enjoyment of pain psychological, 154. and co-CEO COMPANY, 155. LLC, of scope WEINSTEIN In 156. and THE his that COMPANY making him senior role, to THE WEINSTEIN THE LLC employees while knowing 158. That COMPANY, intended the of loss THE for as a matter COMPANY same THE the employee WEINSTEIN of herein HOLDINGS, LLC in the officer and in his THE as co- capacity THE and of LLC. COMPANY, complained WEINSTEIN company. herein as alleged the was for purpose THE used LLC's of law, COMPANY within occurred the LLC HOLDINGS, meetings resources LLC LLC HOLDINGS, lead and to and course and THE THE and sexual illicit to activities WEINSTEIN THE facilitate are the attributable LLC. COMPANY, WEINSTEIN activity LLC HOLDINGS, employees unlawful Weinstein's Harvey that COMPANY WEINSTEIN corporate HOLDINGS, COMPANY COMPANY, complained of THE WEINSTEIN herein, unwanted. COMPANY WEINSTEIN paid Plaintiff WEINSTEIN Weinstein facilitated LLC with person EMPLOYMENT LLC. WEINSTEIN that most COMPANY, Thus, for the meetings Harvey WEINSTEIN conduct. were WEINSTEIN employment unlawful acts of THE COMPANY, 157. and stress, ACTS management THE and unlawful the OF agent, LLC committed Weinstein's Harvey as an executive, HOLDINGS, Weinstein SCOPE WITHIN acted COMPANY Harvey owner and Weinstein Harvey AFORESAID WEINSTEIN'S PERFORMED WEINSTEIN emotional and suffering life. HARVEY 153. and hotel of rooms facilitating for HOLDINGS, HARVEY the illicit 32 of 75 LLC WEINSTEIN acts complained and while knowing of herein. that same INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 That 159. as RECEIVED NYSCEF: 04/30/2018 a expenses business LLC herein were member THE THE managing WEINSTEIN LLC Defendants his described Board THE understood exploits, LLC. of of use that an others were LLC LLC of the treated THE and Weinstein COMPANY, THE WEINSTEIN acts or omissions on for acts LLC, alleged LLC. As and THE WEINSTEIN most the senior WEINSTEIN in the THE of course WEINSTEIN LLC HOLDINGS, WEINSTEIN THE as well and THE COMPANY using payroll of herein resources company the "roster" of to women encounters. and herein of employee LLC there as between were THE WEINSTEIN from 2010 through or assumed an actual was COMPANY WEINSTEIN HOLDINGS, 33 of 75 was COMPANY, alleged COMPANY the sexual owner and of THE and THE described LLC. WEINSTEIN the to WEINSTEIN director, of LLC COMPANY, violations WEINSTEIN COMPANY employment resources time Harvey HARVEY THE and LLC attributable legal the officer HARVEY by COMPANY, agent, When HOLDINGS, are his company was time All business including WEINSTEIN of Directors COMPANY, also the and WEINSTEIN COMPANY, WEINSTEIN WEINSTEIN between relationship and THE HOLDINGS, At THE THE HOLDINGS, taken actions and a high-ranking WEINSTEIN COMPANY LLC Weinstein 2017. the conducting his plaintiff HOLDINGS, herein. was COMPANY and and Harvey October LLC sexual above COMPANY agency and described THE and WEINSTEIN COMPANY, HOLDINGS, facilitate LLC management, LLC COMPANY, LLC WEINSTEIN WEINSTEIN LLC COMPANY, with COMPANY HOLDINGS, conduct HARVEY HOLDINGS, of 161. unlawful the committed, COMPANY 162. for encounter WEINSTEIN COMPANY WEINSTEIN is responsible sexual LLC. COMPANY, THE 160. an illicit THE of expense WEINSTEIN from arising Harvey LLC ratified and by HOLDINGS, Weinstein THE THE and WEINSTEIN WEINSTEIN the INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/30/2018 COMPANY of THE THE LLC's COMPANY, THE Board managers, of omissions WEINSTEIN HOLDINGS, of Directors knew Weinstein failed LLC and THE LANCE DIRK Defendants RICHARD MAEROV, WEINSTEIN COMPANY WEINSTEIN and 164. LANCE Defendants MAEROV, and DIRK RICHARD WEINSTEIN COMPANY WEINSTEIN and unlawful persistent 165. LANCE Defendants MAEROV, WEINSTEIN ZIFF, DIRK COMPANY conduct committed ZIFF, TIM THE Harvey JAMES THE L. JEFF COMPANY, of failing and LLC's of knew the acts LLC and him. DOLAN, BEN COMPANY, THE HARVEY LLC, were or aware stop BEN LLC, BEN and AMMAR, THE HARVEY in repeated or stop it. AMMAR, SACKMAN, LLC, of it. SACKMAN, to investigate JEFF AMMAR, SACKMAN, acquiesced TARAK LASRY, WEINSTEIN 34 of 75 TARAK DOLAN, aware by they to investigate LASRY, L. JEFF because failing were MARC TARAK COMPANY, WEINSTEIN Weinstein SARNOFF, LLC, by 1-10 KOENIGSBERG, HOLDINGS, against DOLAN, liable JAMES DOES by are MARC KOENIGSBERG, LLC, L. WEINSTEIN 1-10 SARNOFF, WEINSTEIN, RICHARD THE DOES HOLDINGS, ROBERT conduct TIM steps and Weinstein, HOLDINGS, LASRY, JAMES LLC, unlawful persistent or investigated to take WEINSTEIN COMPANY, COMPANY not THE Harvey WEINSTEIN had MARC KOENIGSBERG, WEINSTEIN, of omissions THE LLC, NOTICE SARNOFF, HOLDINGS, ROBERT in repeated acquiesced TIM ZIFF, directors WEINSTEIN PRIOR 163. and Directors LLC. COMPANY, of and chose WEINSTEIN of Directors Board COMPANY, acts and and WEINSTEIN of the and THE and LLC COMPANY, Board HOLDINGS, executives THE and THE LLC, LLC's LLC COMPANY, LLC HOLDINGS, supervisors, Harvey WEINSTEIN HOLDINGS, COMPANY WEINSTEIN employee, and COMPANY COMPANY WEINSTEIN THE and COMPANY WEINSTEIN WEINSTEIN THE LLC HOLDINGS, THE HARVEY INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/30/2018 WEINSTEIN of evidence and his of corporate amidst allegations that 166. Defendants WEINSTEIN and ROBERT COMPANY HOLDINGS, which have could failed company employees and HARVEY Defendants third ZIFF, RICHARD MAEROV, WEINSTEIN COMPANY WEINSTEIN and ROBERT while securing the company disclosing the misconduct Agreements were contained COMPANY HOLDINGS, THE of the sexual L. were as sexual BEN of well as LLC COMPANY, and the scope common-sense access THE THE HARVEY to numerous WEINSTEIN employees and records of misconduct. measures illegal WEINSTE1N's to AMMAR, LLC, or had access parties, SACKMAN, COMPANY, aware third conduct. JEFF DOLAN, credible colleagues, with TARAK WEINSTEIN 1-10 with and activity LASRY, take HARVEY from interns MARC complaints claims, employees, in unlawful WEINSTEIN accuracy presented engaged misconduct investigate parties employees DIRK the adequately WEINSTE1N's When 167. to DOES WEINSTEIN's and THE repeatedly facilitate JAMES LLC, WEINSTEIN, confirmed had KOENIGSBERG, LLC were of to SARNOFF, HOLDINGS, HARVEY of TIM RICHARD COMPANY resources WEINSTEIN ZIFF, 1-10 harassment/assault and HARVEY WEINSTEIN complaints sexual employees DIRK MAEROV, DOES WEINSTEIN, Weinstein's Harvey use LANCE ROBERT and Yet to protect or conduct, the female terminate employment. complained TIM about serious MARC SARNOFF, LLC, DOES WEINSTEIN, a non-disclosure to others within LLC and L. took 1-10 others settlement agreements WEINSTEIN 35 of 75 JEFF the would to COMPANY, LANCE THE SACKMAN, LLC, HARVEY separate the employee from prevent the employee from misconduct. entered WEINSTEIN, AMMAR, COMPANY, steps that about BEN DOLAN, WEINSTEIN agreements or warning THE THE HARVEY by TARAK LASRY, JAMES KOENIGSBERG, HOLDINGS, misconduct These Non-Disclosure THE into by LLC itself. WEINSTEIN While the source INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 of the THE RECEIVED NYSCEF: 04/30/2018 funds used to as a party those JEFF reflect BEN THE SACKMAN, COMPANY, of aware brought numerous DIRK settlements employees by TIM ZIFF, and KOENIGSBERG, COMPANY HOLDINGS, ROBERT 168. In were not Defendants Summons isolated were and instances, abundantly 1. 1-10 and were aware and 2. People v. 3. v. Rehal 4. Doe v. Superior the of all to LLC, future Harvey and matters: Index Weinstein, New New Los Weinstein, Court, No. York Case Weinstein, No. No. Angeles 36 of 75 151738/2018 County Angeles Case Los 450293/2018 County Index Weinstein, Court, No. York BC680869 County BC683411 County 1-10 were fully WEINSTEIN put Defendants MAEROV, THE WEINSTEIN HARVEY WEINSTEIN occurrences Weinstein recurring annexed conceal, L. DOLAN, LANCE SACKMAN, by constant and LASRY, WEINSTEIN HARVEY AMMAR, similar actions a attempted Court, v. Huett Superior Exhibit part Court, Supreme Exhibit that of THE problem, COMPANY, on notice following Supreme Exhibit JEFF DOLAN, WEINSTEIN contentions in the Complaints Exhibit THE L. leading DOES by a recurring BEN misconduct JAMES WEINSTEIN, TARAK LLC's MARC LLC, misconduct therefore LASRY, JAMES DOES of plaintiff's was MARC LLC, WEINSTEIN, support which others, of claims investigation, COMPANY, SARNOFF, HOLDINGS, ROBERT and involving SARNOFF, RICHARD and WEINSTEIN concerning KOENIGSBERG, COMPANY WEINSTEIN HARVEY LLC, RICHARD MAEROV, WEINSTEIN TIM ZIFF, under remains of complaints DIRK Defendants settlement THE and its receipt and LANCE AMMAR, LLC HOLDINGS, that of any component monetary to settlements, settlements, TARAK the COMPANY WEINSTEIN participation for to pay herewith as well. herein described for issue are which copies all of the INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/30/2018 DAMAGES a result 169. As pain, suffering, claims of the loss monetary, of unlawful foregoing enjoyment of life, and compensatory AS AND conduct, incurred mental anguish, and for cause humiliation, punitive FOR A Plaintiff herein damages CAUSE FIRST OF substantial each ACTION physical emotional of injury, and distress, action. FOR: BATTERY Plaintiff 170. set forth 171. restates and herein incorporates by reference the as if fully paragraphs preceding herein. Harvey Weinstein intended Harvey Weinstein committed to commit and committed acts of unwanted in a harmful with contact Plaintiff. 172. manner, but including not limited 173. Harvey Weinstein's 174. Harvey Weinstein used she not Plaintiff anger so that and in which demands there to plaintiff's 175. in the was refuse choice power his and but to his to do his bidding to with Plaintiff. mental and emotional wishes. Harvey or suffer dire to his were with met an environment created both consequences threaten and conduct Weinstein offensive distress. subdue overwhelm, objections Any and contact physical, personality advances. to accede immediately caused Plaintiff sexual unwanted on Plaintiff his with contact to inflicting battery would no unwanted and physically career. As scope described and furtherance TARAK MARC LASRY, JAMES L. DOLAN, WEINSTEIN at length JEFF COMPANY, Weinstein's above, Harvey of employment BEN his LLC, LANCE AMMAR, SACKMAN, THE HARVEY for conduct Defendants MAEROV, WEINSTEIN WEINSTEIN 10. 37 of 75 DIRK ZIFF, RICHARD COMPANY and herein as alleged ROBERT was TIM committed SARNOFF, KOENIGSBERG, HOLDINGS, WEINSTEIN, LLC, THE DOES 1- INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 176. RECEIVED NYSCEF: 04/30/2018 DIRK TIM ZIFF, misconduct Weinstein's Harvey RICHARD KOENIGSBERG, COMPANY HOLDINGS, ROBERT and sexual LLC THE allowing by, COMPANY HOLDINGS, LLC Weinstein, all 177. That DIRK the COMPANY WEINSTEIN and Weinstein 178. That claims compensatory 179. That specifically: disregard), intentionally, this (5) (8) and in his and steps TIM SARNOFF, HOLDINGS, hotel room THE 1-10 are as alleged herein ratified and condoned of pain, and action (due Article to the subject emotional distress, punitive damages falls within one of pain the Labor and and silence suffering HOLDINGS, sustained and for such failing actions by victims. LANCE AMMAR, THE SACKMAN, HARVEY LLC, for the of acts as aforesaid. emotional injury, loss THE by LLC, responsible same, and meetings, paid COMPANY, vicariously has BEN predatory of enjoyment of pain and life, and herein. or of more intentional Defendant's Ten Plaintiff incidents, recurring JEFF WEINSTEIN DOES as they of DOLAN, WEINSTEIN, and COMPANY, TARAK LASRY, abusive places misconduct L. WEINSTEIN or other knowledge JAMES HARVEY to private prior MARC WEINSTEIN victims WEINSTEIN his MAEROV, COMPANY THE to hide LLC, to lure Defendants THE unlawful, WEINSTEIN ROBERT as a result physical taking his employees despite KOENIGSBERG, WEINSTEIN Harvey Weinstein while ZIFF, RICHARD suffering, LLC COMPANY, Harvey THE LLC, to LANCE AMMAR, SACKMAN, facilitated using business Harvey MAEROV, things to conduct remove discipline other BEN COMPANY, which Weinstein Harvey or to 1-10, known previously JEFF DOLAN, WEINSTEIN DOES among WEINSTEIN WEINSTEIN THE LLC, L. was TARAK LASRY, JAMES WEINSTEIN, misconduct and MARC SARNOFF, herein as alleged the conduct), Law, (11) in concert). 38 of 75 set exceptions (7) (as (as Defendants Defendant's forth in acted acted CPLR with §1602, reckless knowingly or INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 That 180. due RECEIVED NYSCEF: 04/30/2018 in this 181. The aside any possible which would amount one is unable matter for responsible within falls Plaintiff diligence, fault action this of from obtain jurisdiction with such any in and herein, parties sought over in CPLR set forth exceptions that person as with §1601, that Defendants have may were any vicariously herein. liability herein exceeds the jurisdictional FOR A SECOND CAUSE OF ACTION have AS AND of the Defendants additional damages otherwise to or more of limits all other courts jurisdiction. FOR: ASSAULT Plaintiff 182. set forth As 184. conduct 185. reference by the as if paragraphs preceding fully and and suffering As described scope and limited JAMES L. DOLAN, of at length TARAK LASRY, JEFF COMPANY, unwanted intended of apprehension to cause of caused of harmful Weinstein's Harvey of employment BEN LLC, for THE HARVEY conduct Defendants LANCE AMMAR, SACKMAN, physical, in contact a harmful with mental and offensive Plaintiff. emotional and distress, life. above, his Plaintiff sexual unwanted Plaintiff enjoyment with contact to inflicting assault loss furtherance MARC WEINSTEIN committed not Weinstein Harvey Plaintiff. Weinstein's Harvey the but including above, against Weinstein Harvey manner, in herein incorporates at length described or offensive 186. and herein. 183. pain restates MAEROV, WEINSTEIN WEINSTEIN DIRK was TIM ZIFF, RICHARD COMPANY and herein as alleged SARNOFF, KOENIGSBERG, HOLDINGS, ROBERT committed LLC, THE DOES WEINSTEIN, 10. 187. DIRK Harvey ZIFF, Weinstein's TIM SARNOFF, misconduct MARC as alleged LASRY, herein TARAK 39 of 75 was BEN previously AMMAR, known LANCE to Defendants MAEROV, 1- INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/30/2018 RICHARD KOENIGSBERG, COMPANY HOLDINGS, ROBERT and sexual THE and allowing by, That DIRK the COMPANY WEINSTEIN and Weinstein 189. That claims compensatory 190. That 191. due this That diligence, and this steps TIM SARNOFF, hotel as alleged herein ratified and condoned pain, and action to the subject emotional distress, punitive damages falls within one of pain or suffering of more Labor the and such failing actions by LANCE AMMAR, THE SACKMAN, HARVEY LLC, for the of acts as aforesaid. same, and THE victims. responsible sustained by LLC, COMPANY, vicariously has for paid emotional injury, of loss of enjoyment pain and life, and herein. intentional Defendant's Ten Plaintiff incidents, BEN JEFF WEINSTEIN are of silence DOLAN, 1-10 as they and TARAK L. THE LLC, recurring and meetings, COMPANY, of predatory HOLDINGS, places misconduct LASRY, and or other knowledge MARC abusive to private prior his WEINSTEIN victims WEINSTEIN to hide HARVEY COMPANY THE JAMES HOLDINGS, room DOES Article (8) taking to lure WEINSTEIN, (due (5) in his WEINSTEIN unlawful, WEINSTEIN employees despite LLC, his ROBERT as a result physical THE and KOENIGSBERG, WEINSTEIN Harvey Weinstein while ZIFF, RICHARD intentionally, LLC COMPANY, Harvey facilitated using LLC 188. disregard), things HOLDINGS, all specifically: other THE SACKMAN, COMPANY, which COMPANY Weinstein, suffering, 1-10, business Harvey MAEROV, WEINSTEIN to conduct remove discipline JEFF DOLAN, Weinstein Harvey or to L. DOES among WEINSTEIN WEINSTEIN THE LLC, WEINSTEIN, misconduct LLC JAMES the conduct), Law, (11) exceptions (7) (as (as set forth Defendants in acted Defendant's acted CPLR with §1602, reckless or knowingly in concert). action Plaintiff falls within is unable one to or more obtain of the jurisdiction 40 of 75 set forth exceptions over any such in CPLR person that §1601, may as with have any INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 in fault RECEIVED NYSCEF: 04/30/2018 this for responsible 192. The which would matter aside any possible amount of from additional have AS AND Plaintiff set forth Harvey caused severe 195. Harvey bounds of 196. Harvey Plaintiff in the were vicariously herein. liability exceeds Defendants the jurisdictional of limits all other courts FOR A THIRD CAUSE and herein incorporates OF ACTION FOR: EMOTIONAL OF INFLICTION reference by DISTRESS the as if paragraphs preceding fully herein. 194. 197. restates herein that jurisdiction. INTENTIONAL 193. with in and herein, parties sought damages otherwise Defendants Weinstein's emotional conduct distress Weinstein's as aforesaid, was extreme and outrageous and intentionally to Plaintiff. as aforesaid, intent and conduct, was outrageous and all exceeded possible decency. Weinstein had As suffered described scope and at length TARAK LASRY, JAMES L. DOLAN, WEINSTEIN emotional furtherance MARC with acted JEFF COMPANY, distress and was Harvey of employment BEN his LLC, to his conduct for Defendants LANCE AMMAR, SACKMAN, subject Weinstein's above, THE HARVEY with recklessness MAEROV, the intent ongoing WEINSTEIN and knowledge demands and herein as alleged DIRK was TIM ZIFF, RICHARD COMPANY WEINSTEIN and control. committed SARNOFF, KOENIGSBERG, HOLDINGS, ROBERT that LLC, THE DOES WEINSTEIN, 10. 198. DIRK Harvey ZIFF, Weinstein's TIM misconduct MARC SARNOFF, RICHARD KOENIGSBERG, COMPANY HOLDINGS, JAMES LLC, THE herein as alleged LASRY, L. TARAK BEN JEFF DOLAN, WEINSTEIN was COMPANY, 1- 41 of 75 known previously AMMAR, SACKMAN, LLC, LANCE to Defendants MAEROV, THE WEINSTEIN HARVEY WEINSTEIN 1- INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/30/2018 and ROBERT WEINSTEIN, and predatory sexual LLC HOLDINGS, meetings, for paid by THE victims. 199. That actions DIRK by WEINSTEIN and Weinstein 200. That claims compensatory 201. That specifically: disregard), this intentionally, 202. That due diligence, and this THE LLC, are as alleged herein ratified and condoned of pain, and action to the as they subject emotional distress, punitive damages falls within one of pain or and suffering of more Labor the steps to hide his TARAK BEN WEINSTEIN of knowledge and LANCE THE SACKMAN, HARVEY LLC, for responsible the of acts as aforesaid. same, and places misconduct COMPANY, sustained other AMMAR, JEFF vicariously has THE to private emotional injury, of loss of enjoyment pain and life, and herein. intentional Defendant's Ten Plaintiff incidents, or prior WEINSTEIN 1-10 victims room and DOLAN, DOES Article (8) HOLDINGS, L. COMPANY despite taking LASRY, JAMES hotel his Weinstein while to lure LLC WEINSTEIN, (due (5) the MARC SARNOFF, in business abusive unlawful, WEINSTEIN employees ROBERT as a result physical suffering, LLC Harvey all Weinstein, THE using HOLDINGS, or remove discipline KOENIGSBERG, COMPANY Harvey COMPANY TIM WEINSTEIN things conduct to Weinstein's Harvey COMPANY, Weinstein Harvey ZIFF, facilitated other among WEINSTEIN to RICHARD MAEROV, by, Harvey failing which 1-10, WEINSTEIN LLC, silence THE and allowing such recurring misconduct and COMPANY, DOES the exceptions conduct), Law, (11) (7) (as (as set forth Defendants in acted Defendant's acted CPLR with §1602, reckless or knowingly in concert). action Plaintiff falls within is unable one to or more obtain of the jurisdiction 42 of 75 set forth exceptions over any such in CPLR person that §1601, may as with have any INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 in fault RECEIVED NYSCEF: 04/30/2018 this for responsible 203. The which would matter aside any possible amount of from additional otherwise have AS AND Plaintiff set forth restates Harvey Weinstein's 206. Harvey Weinstein emotional Plaintiff 208. Harvey suffered could vicariously CAUSE OF jurisdictional of limits all other courts ACTION EMOTIONAL reference by FOR: DISTRESS the as if paragraphs preceding fully WEINSTEIN and scope described and LASRY, JAMES L. DOLAN, WEINSTEIN conduct TIM was furtherance COMPANY, his distress actions to Plaintiff. would in result THE LLC, DOES infliction the Harvey of employment BEN LLC, THE HARVEY for LANCE AMMAR, SACKMAN, 1-10, Defendants MAEROV, 10. 43 of 75 DIRK ROBERT LLC, herein ZIFF, RICHARD THE SACKMAN, for liable as alleged LANCE AMMAR, vicariously COMPANY and BEN with employment COMPANY, are conduct WEINSTEIN WEINSTEIN who his JEFF DOLAN, WEINSTEIN actions. of scope TARAK L. Weinstein's above, the LASRY, JAMES Weinstein's Harvey within MARC SARNOFF, his of as a result WEINSTEIN, at length JEFF that committed HOLDINGS, ROBERT TARAK MARC distress KOENIGSBERG, COMPANY As foresee reasonably emotional ZIFF, WEINSTEIN emotional causes negligently Plaintiff. RICHARD MAEROV, the the herein incorporates conduct Weinstein's DIRK Defendants in were herein. liability exceeds OF INFLICTION and Defendants jurisdiction. FOR A FOURTH upon distress 207. 209. herein that herein. 205. of with in and herein, parties sought damages NEGLIGENT 204. Defendants was TIM HARVEY same. committed SARNOFF, KOENIGSBERG, HOLDINGS, WEINSTEIN, LLC, THE DOES 1- INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 210. RECEIVED NYSCEF: 04/30/2018 DIRK TIM ZIFF, misconduct Weinstein's Harvey RICHARD KOENIGSBERG, COMPANY HOLDINGS, ROBERT and sexual LLC THE allowing by, COMPANY HOLDINGS, LLC Weinstein, all 211. That DIRK the COMPANY WEINSTEIN and Weinstein 212. That claims compensatory 213. That specifically: disregard), intentionally, this (5) (8) and in his and steps TIM SARNOFF, HOLDINGS, hotel room THE 1-10 are as alleged herein ratified and condoned of pain, and action (due Article to the subject emotional distress, punitive damages falls within one of pain the Labor and and silence suffering HOLDINGS, sustained and for such THE failing actions by victims. LANCE AMMAR, THE SACKMAN, HARVEY LLC, for the of acts as aforesaid. emotional injury, loss by LLC, responsible same, and meetings, paid COMPANY, vicariously has BEN predatory of enjoyment of pain and life, and herein. or of more intentional Defendant's Ten Plaintiff incidents, recurring JEFF WEINSTEIN DOES as they of DOLAN, WEINSTEIN, and COMPANY, TARAK LASRY, abusive places misconduct L. WEINSTEIN or other knowledge JAMES HARVEY to private prior MARC WEINSTEIN victims WEINSTEIN his MAEROV, COMPANY THE to hide LLC, to lure Defendants THE unlawful, WEINSTEIN ROBERT as a result physical taking his employees despite KOENIGSBERG, WEINSTEIN Harvey Weinstein while ZIFF, RICHARD suffering, LLC COMPANY, Harvey THE LLC, to LANCE AMMAR, SACKMAN, facilitated using business Harvey MAEROV, things to conduct remove discipline other BEN COMPANY, which Weinstein Harvey or to 1-10, known previously JEFF DOLAN, WEINSTEIN DOES among WEINSTEIN WEINSTEIN THE LLC, L. was TARAK LASRY, JAMES WEINSTEIN, misconduct and MARC SARNOFF, herein as alleged the conduct), Law, (11) in concert). 44 of 75 set exceptions (7) (as (as Defendants Defendant's forth in acted acted CPLR with §1602, reckless knowingly or INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/30/2018 214. That due diligence, fault in action this Plaintiff this aside any possible amount 215. The which would of from have sought set forth 217. all At FOR A FIFTH Weinstein MAEROV, Defendants jurisdictional the CAUSE herein incorporates THE LLC OF have may were limits ACTION AND any vicariously of all other courts FOR: RETENTION reference by the paragraphs preceding and DIRK as if fully Defendants MAEROV, Weinstein Harvey and COMPANY WEINSTEIN or incompetent Harvey HOLDINGS, LLC and THE Weinstein LLC an was and THE TIM ZIFF, to work MARC SARNOFF, JAMES KOENIGSBERG, LLC HOLDINGS, the ZIFF, plaintiff TIM the THE and a cognizable LLC aforesaid duty MARC SARNOFF, JAMES KOENIGSBERG, HOLDINGS, breached directly with Plaintiff and posed a risk her. assaulting RICHARD COMPANY WEINSTEIN unfit owed DIRK employed HOLDINGS, LLC. RICHARD COMPANY COMPANY WEINSTEIN THE of was WEINSTEIN WEINSTEIN ROBERT director Defendants ROBERT LANCE exceeds that herein. liability SUPERVISION material, harassing WEINSTEIN 220. and COMPANY, Harvey sexually LANCE herein that person jurisdiction. COMPANY, WEINSTEIN 219. times and/or executive of with in and herein, such any as with §1601, herein. WEINSTEIN 218. restates over in CPLR set forth exceptions jurisdiction parties NEGLIGENT Plaintiff of the Defendants additional AS AND 216. obtain to damages otherwise or more one is unable matter for responsible within falls and THE duty. 45 of 75 LASRY, L. DOLAN, WEINSTEIN of JEFF BEN AMMAR, THE SACKMAN, LLC COMPANY, and care. LASRY, L. TARAK DOLAN, WEINSTEIN TARAK JEFF BEN AMMAR, THE SACKMAN, COMPANY, LLC and INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/30/2018 As 222. Harvey LLC COMPANY, That and That LANCE COMPANY WEINSTEIN person employee's defendants MAEROV, ROBERT LANCE That would defendants MAEROV, WEINSTEIN ROBERT of MARC SARNOFF, LLC of that employee's TIM JAMES THE and aforesaid L. JEFF DOLAN, THE and WEINSTEIN relationship. vicious of propensities, TARAK LASRY, JEFF DOLAN, WEINSTEIN fact and capacity which BEN bad AMMAR, would THE SACKMAN, LLC COMPANY, cause and disposition, LLC reasonably be likely DIRK to result ZIFF, RICHARD TIM JAMES have to use THE and anticipated in injury and a reasonably to terminate said reasonable JEFF DOLAN, WEINSTEIN that MARC SARNOFF, LLC L. TARAK LASRY, BEN AMMAR, LLC COMPANY, Harvey Weinstein's LASRY, TARAK THE SACKMAN, and incompetence to others. JAMES KOENIGSBERG, HOLDINGS, failed MARC SARNOFF, KOENIGSBERG, HOLDINGS, could COMPANY WEINSTEIN ZIFF, RICHARD WEINSTEIN disposition 226. the DIRK COMPANY WEINSTEIN and L. an employee-employer incompetent, KOENIGSBERG, knowledge investigate JAMES BEN employment. That LANCE to TIM HOLDINGS, had was TARAK predator. ZIFF, RICHARD MAEROV, ROBERT 225. DIRK in result. LASRY, LLC HOLDINGS, were Weinstein sexual MARC KOENIGSBERG, WEINSTEIN Harvey as a proximate damage SARNOFF, COMPANY ROBERT a violent defendants WEINSTEIN prudent and suffered TIM ZIFF, RICHARD WEINSTEIN Defendant disposition, DIRK and plaintiff breach, MAEROV, THE SACKMAN, 224. aforesaid Weinstein LANCE AMMAR, 223. of the a result 221. L. and THE care to correct 46 of 75 DOLAN, WEINSTEIN or remove JEFF BEN AMMAR, THE SACKMAN, COMPANY, Harvey LLC Weinstein. and INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/30/2018 DIRK 227. TIM ZIFF, RICHARD MAEROV, ROBERT WEINSTEIN conduct which 228. The were committed caused on LLC Based JEFF WEINSTEIN WEINSTEIN other LLC COMPANY, Weinstein's misconduct of and for propensity or Weinstein Harvey completed the Weinstein Harvey LANCE SACKMAN, THE LLC of complained controlled AMMAR, COMPANY, BEN of misconduct, history THE LLC COMPANY, was unfit TIM ZIFF, DIRK by TIM RICHARD MAEROV, ROBERT herein, ZIFF, COMPANY WEINSTEIN and or WEINSTEIN, or incompetent WEINSTEIN to work MARC HOLDINGS, were Plaintiff Plaintiff given and and LLC disregarded in WEINSTEIN about the information. sexual assault 47 of 75 knew DOLAN, THE information LLC HOLDINGS, TARAK L. and JAMES or should and L. THE known have not Plaintiff. LASRY, JAMES specific engage with MARC SARNOFF, KOENIGSBERG, COMPANY ROBERT TIM ZIFF, RICHARD MAEROV, KOENIGSBERG, WEINSTEIN to threaten and DIRK Defendants WEINSTEIN SARNOFF, COMPANY involving LANCE AMMAR, RICHARD WEINSTEIN continued BEN JEFF DOLAN, SACKMAN, DIRK MAEROV, conduct long Weinstein that ROBERT on his TARAK DOLAN, 230. THE Harvey THE SACKMAN, chattels. LASRY, only and of the of owed TARAK L. WEINSTEIN LANCE AMMAR, JEFF DOLAN, THE and misconduct completely LASRY, BEN occurring. other and and assaults, same premises JAMES HOLDINGS, 229. the MARC their to L. known have injuries, assaults, KOENIGSBERG, with the prior injuries, SARNOFF, or should knew of herein, complained LLC HOLDINGS, TARAK LASRY, JAMES KOENIGSBERG, COMPANY WEINSTEIN MARC SARNOFF, Harvey As and battery BEN JEFF AMMAR, Weinstein's among THE SACKMAN, COMPANY, a result, LANCE Harvey other LLC inappropriate Weinstein misconduct. and INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 231. RECEIVED NYSCEF: 04/30/2018 Weinstein Harvey COMPANY October LLC HOLDINGS, At the of time TARAK owner director, THE and BEN All LASRY, THE and WEINSTEIN of employee LLC COMPANY, or omissions TARAK BEN JEFF WEINSTEIN THE WEINSTEIN from 2010 through ROBERT COMPANY TARAK AMMAR, COMPANY, LLC and directors had and chose not and LANCE ROBERT steps assumed MARC JAMES LLC and the THE agency LASRY, L. DOLAN, WEINSTEIN and and LLC and against Harvey L. and L. THE omissions of DIRK ZIFF, and Weinstein. 48 of 75 omissions SARNOFF, LLC managers, of LLC Harvey and Weinstein, MARC JAMES KOENIGSBERG, HOLDINGS, THE SACKMAN, COMPANY, Harvey TIM LANCE AMMAR, JEFF DOLAN, employees, acts BEN WEINSTEIN RICHARD the LLC HOLDINGS, THE COMPANY of JAMES KOENIGSBERG, TARAK LASRY, WEINSTEIN'S or knew MARC SARNOFF, WEINSTEIN. acts MAEROV, TIM ZIFF, RICHARD JAMES LLC DIRK by COMPANY MARC WEINSTEIN investigated to take of ratified ROBERT and HOLDINGS, THE SACKMAN, or SARNOFF, HOLDINGS, WEINSTEIN HOLDINGS, knew WEINSTEIN actual KOENIGSBERG, MAEROV, KOENIGSBERG, WEINSTEIN BEN THE SARNOFF, COMPANY WEINSTEIN were LANCE LLC RICHARD MAEROV, RICHARD an was TIM ZIFF, COMPANY herein AMMAR, TIM ZIFF, there WEINSTEIN. SACKMAN, DIRK 234. DIRK and MAEROV, alleged COMPANY, herein alleged Weinstein ROBERT and acts WEINSTEIN acts DOLAN, the LANCE AMMAR, LLC COMPANY, of time Harvey SACKMAN, 233. the between relationship JEFF agent, 2017. 232. JEFF an was and THE supervisors, Weinstein and THE LASRY, L. DOLAN, WEINSTEIN executives and failed INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 235. RECEIVED NYSCEF: 04/30/2018 DIRK Defendants LANCE RICHARD MAEROV, COMPANY WEINSTEIN ROBERT WEINSTEIN that Harvey made No 236. continue LLC THE and resources ROBERT ZIFF, RICHARD MAEROV, COMPANY WEINSTEIN and in the As scope described and MARC LASRY, JAMES L. DOLAN, was MARC ROBERT furtherance TARAK JEFF DOES WEINSTEIN, at length THE LLC, Harvey of employment BEN for LANCE AMMAR, SACKMAN, 1-10, THE are conduct Defendants MAEROV, WEINSTEIN 49 of 75 who to WEINSTEIN HOLDINGS, LANCE AMMAR, JEFF THE SACKMAN, LLC COMPANY, alleged of scope his BEN COMPANY THE SACKMAN, LLC, for liable herein ZIFF, RICHARD LANCE AMMAR, vicariously DIRK with employment COMPANY, as alleged and herein. JEFF DOLAN, WEINSTEIN Weinstein's above, his L. allowed misconduct. TARAK LASRY, JAMES HOLDINGS, the THE BEN acts within committed was and WEINSTEIN Weinstein's Harvey SARNOFF, sexual DOLAN, THE and and or allegations COMPANY TARAK L. LLC acts Weinstein WEINSTEIN LASRY, prior LLC his THE SACKMAN, foreseeable. Harvey to facilitate LLC KOENIGSBERG, WEINSTEIN 239. conduct THE JAMES for of herein and AMMAR, COMPANY, specific HOLDINGS, MARC responsible TIM taken at LLC HOLDINGS, Weinstein's DIRK Defendants position his SARNOFF, are of COMPANY KOENIGSBERG, WEINSTEIN knowledge BEN JEFF DOLAN, WEINSTEIN complained was COMPANY, COMPANY Harvey action and TIM ZIFF, WEINSTEIN conduct WEINSTEIN RICHARD MAEROV, 238. THE WEINSTEIN DIRK 237. wrongful L. THE and or constructive disciplinary LLC COMPANY, actual TARAK LASRY, JAMES LLC HOLDINGS, Weinstein's use MARC SARNOFF, KOENIGSBERG, had meaningful to TIM ZIFF, was TIM HARVEY same. committed SARNOFF, KOENIGSBERG, HOLDINGS, LLC, THE INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/30/2018 WEINSTEIN COMPANY, HARVEY LLC, WEINSTEIN ROBERT and 1- DOES WEINSTEIN, 10. 240. DIRK TIM ZIFF, misconduct Weinstein's Harvey RICHARD KOENIGSBERG, COMPANY HOLDINGS, ROBERT and sexual LLC THE allowing by, COMPANY HOLDINGS, LLC Weinstein, all 241. That DIRK the RICHARD WEINSTEIN and Weinstein 242. That claims compensatory 243. That specifically: this (5) in his and steps TIM SARNOFF, HOLDINGS, hotel room THE 1-10 are as alleged herein ratified and condoned of pain, and action (due to the subject emotional distress, punitive damages falls within Defendant's Plaintiff incidents, one pain and recurring and silence suffering HOLDINGS, sustained and for paid THE by LLC, failing actions by victims. LANCE AMMAR, THE SACKMAN, HARVEY LLC, for the of acts as aforesaid. emotional injury, loss and meetings, responsible same, predatory such COMPANY, vicariously has BEN JEFF WEINSTEIN DOES as they of DOLAN, WEINSTEIN, and COMPANY, TARAK LASRY, abusive places misconduct L. WEINSTEIN or other knowledge JAMES HARVEY to private prior MARC WEINSTEIN victims WEINSTEIN his MAEROV, COMPANY THE to hide LLC, to lure Defendants THE unlawful, WEINSTEIN ROBERT as a result physical taking his employees despite KOENIGSBERG, COMPANY Harvey Weinstein while ZIFF, WEINSTEIN suffering, LLC COMPANY, Harvey THE LLC, to LANCE AMMAR, SACKMAN, facilitated using business Harvey MAEROV, things to conduct remove discipline other BEN COMPANY, which Weinstein or to 1-10, known previously JEFF DOLAN, WEINSTEIN DOES among WEINSTEIN Harvey WEINSTEIN THE LLC, L. was TARAK LASRY, JAMES WEINSTEIN, misconduct and MARC SARNOFF, herein as alleged of enjoyment of pain and life, and herein. or more intentional of the conduct), 50 of 75 exceptions (7) (as set Defendants forth in acted CPLR with §1602, reckless INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/30/2018 disregard), 244. That due diligence, fault in this 245. The which would Labor the is unable aside any possible amount within falls matter for responsible action Plaintiff this of of from have or more obtain to set forth 2010 or through assumed All HOLDINGS, herein in such that person that Defendants as with §1601, have may were any vicariously herein. liability exceeds in CPLR set forth any and with parties jurisdictional the of limits all other courts jurisdiction. FOR A SIXTH and over herein, CAUSE AND herein incorporates OF ACTION FOR: ABETTING reference by an was agent, October 2017. agency relationship LLC THE and At owner director, the and of the time the as if paragraphs preceding between WEINSTEIN of employee of the time acts Weinstein and COMPANY, LLC, acts or LLC omissions and THE alleged herein WEINSTEIN THE were WEINSTEIN LLC WEINSTEIN COMPANY HOLDINGS, LLC, WEINSTEIN COMPANY HOLDINGS, LLC's COMPANY, LLC's WEINSTEIN and Board of Directors COMPANY ratified the alleged THE as well knew HOLDINGS, and THE LLC's COMPANY, THE THE by LLC COMPANY, HOLDINGS, THE or knowingly fully Weinstein herein from Company there WEINSTEIN as between was an actual COMPANY Weinstein and of Directors. Board 248. acted herein. HOLDINGS, its restates Weinstein 247. Defendant's exceptions jurisdiction AIDING Plaintiff (as (11) of the Defendants sought damages otherwise one additional AS AND 246. Law, in concert). and intentionally, Ten Article (8) WEINSTEIN Board of Directors of the acts and omissions LLC and THE 1- 51 of 75 WEINSTEIN WEINSTEIN Board of COMPANY, WEINSTEIN and THE of Harvey COMPANY COMPANY Directors. LLC, THE THE WEINSTEIN Weinstein, COMPANY, and LLC's INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/30/2018 employee, and managers, of omissions THE No LLC THE and THE 250. LLC, THE COMPANY HOLDINGS, and intentional Weinstein's ZIFF, RICHARD COMPANY WEINSTEIN and in the As scope described and LASRY, JAMES L. DOLAN, WEINSTEIN or negligent conduct TIM was furtherance JEFF COMPANY, of employment BEN SACKMAN, LLC, THE HARVEY 1-10, the 10. 52 of 75 LLC THE and of MAEROV, of his BEN acts of DIRK ROBERT LLC, for liable herein ZIFF, RICHARD LANCE THE SACKMAN, vicariously as alleged with employment AMMAR, JEFF COMPANY and THE and Weinstein's COMPANY, are Defendants Directors for scope DOLAN, who COMPANY, distress. TARAK conduct WEINSTEIN WEINSTEIN LLC WEINSTEIN responsible WEINSTEIN LANCE AMMAR, to COMPANY, HOLDINGS, emotional L. for and Weinstein allowed Board LASRY, Weinstein's Harvey LLC COMPANY WEINSTEIN THE within THE above, his of DOES WEINSTEIN, at length are JAMES LLC, acts misconduct. Directors MARC the him. WEINSTEIN LLC's committed SARNOFF, THE and against knowingly LLC, infliction HOLDINGS, ROBERT TARAK MARC of Board KOENIGSBERG, WEINSTEIN 252. LLC's COMPANY, LLC sexual his WEINSTEIN DIRK MAEROV, to facilitate THE of knew HOLDINGS, steps COMPANY WEINSTEIN HOLDINGS, Harvey Defendants LLC to take and COMPANY, LLC or investigated COMPANY taken was HOLDINGS, THE had not chose COMPANY battery, 251. and WEINSTEIN WEINSTEIN assault, at directors WEINSTEIN action COMPANY COMPANY, THE WEINSTEIN position his WEINSTEIN THE and and failed disciplinary WEINSTEIN resources and LLC COMPANY, meaningful HOLDINGS, use Weinstein Harvey WEINSTEIN 249. executives supervisors, was TIM HARVEY same. committed SARNOFF, KOENIGSBERG, HOLDINGS, WEINSTEIN, LLC, THE DOES 1- INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 253. RECEIVED NYSCEF: 04/30/2018 DIRK TIM ZIFF, misconduct Weinstein's Harvey RICHARD KOENIGSBERG, COMPANY HOLDINGS, ROBERT and sexual LLC THE allowing by, COMPANY HOLDINGS, LLC Weinstein, all 254. That DIRK the COMPANY WEINSTEIN and Weinstein 255. That claims compensatory 256. That specifically: disregard), intentionally, this (5) (8) and in his and steps TIM SARNOFF, HOLDINGS, hotel room THE 1-10 are as alleged herein ratified and condoned of pain, and action (due Article to the subject emotional distress, punitive damages falls within one of pain the Labor and and silence suffering HOLDINGS, sustained and for such THE failing actions by victims. LANCE AMMAR, THE SACKMAN, HARVEY LLC, for the of acts as aforesaid. emotional injury, loss by LLC, responsible same, and meetings, paid COMPANY, vicariously has BEN predatory of enjoyment of pain and life, and herein. or of more intentional Defendant's Ten Plaintiff incidents, recurring JEFF WEINSTEIN DOES as they of DOLAN, WEINSTEIN, and COMPANY, TARAK LASRY, abusive places misconduct L. WEINSTEIN or other knowledge JAMES HARVEY to private prior MARC WEINSTEIN victims WEINSTEIN his MAEROV, COMPANY THE to hide LLC, to lure Defendants THE unlawful, WEINSTEIN ROBERT as a result physical taking his employees despite KOENIGSBERG, WEINSTEIN Harvey Weinstein while ZIFF, RICHARD suffering, LLC COMPANY, Harvey THE LLC, to LANCE AMMAR, SACKMAN, facilitated using business Harvey MAEROV, things to conduct remove discipline other BEN COMPANY, which Weinstein Harvey or to 1-10, known previously JEFF DOLAN, WEINSTEIN DOES among WEINSTEIN WEINSTEIN THE LLC, L. was TARAK LASRY, JAMES WEINSTEIN, misconduct and MARC SARNOFF, herein as alleged the conduct), Law, (11) in concert). 53 of 75 set exceptions (7) (as (as Defendants Defendant's forth in acted acted CPLR with §1602, reckless knowingly or INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 257. That due diligence, fault in RECEIVED NYSCEF: 04/30/2018 action this Plaintiff this aside any possible 258. The which would amount of obtain to from additional have AS AND Plaintiff repeats with herein in and that person that Defendants have may were any vicariously herein. liability exceeds such any as with §1601, jurisdictional the of limits all other courts jurisdiction. FOR A SEVENTH and CAUSE each realleges OF ACTION FOR: HARASSMENT SEXUAL 259. over in CPLR set forth exceptions herein, parties sought of the jurisdiction Defendants damages otherwise or more one is unable matter for responsible within falls of the as if paragraphs preceding set forth at length herein. 260. That compulsion 261. Defendant and/or That with being 263. In addition, his reject sexual order his when his of with intercourse reason by oral sexual plaintiff was to maintain industry in exchange and authority power power and and and LLC her authority position and over Weinstein advances. demands, in expected and status created above, engaged COMPANY, demands advances described Weinstein in the WEINSTEIN position in engaged and/or actions, Harvey contacts Using THE compulsion sexual of consent incapable Weinstein Harvey Weinstein Harvey 264. was in engaged plaintiff of being anal of incapable sexual consent forcible helpless. physically or conduct by by conduct reason of helpless. 262. and plaintiff forcible by physically benefits when Defendant plaintiff Weinstein Harvey in quid THE for pro quo sexual harassment who made to keep silent, in the workplace 54 of 75 and his that even and Harvey subordinate Plaintiff the LLC HOLDINGS, business, was it clear employee by promising COMPANY entertainment Plaintiff, environment. favors. WEINSTEIN in the work a hostile was expected industry. and Weinstein in expected to pretend no and abused position to give to like to in to it, in INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 265. RECEIVED NYSCEF: 04/30/2018 pervasive 266. and caused LLC HOLDINGS, sexual predatory and meetings, by THE by 268. LLC At THE the time between relationship and LLC of the THE of time Harvey WEINSTEIN business in LLC and to hide owner the severe and at THE THE and unlawful his to lure room or misconduct other LLC an was such for LLC, actions victims. THE WEINSTEIN from 2010 through or assumed actual COMPANY as between paid places silence of employee to private COMPANY, and there victims of recurring knowledge and COMPANY WEINSTEIN WEINSTEIN as well LLC, COMPANY facilitated WEINSTEIN herein LLC. WEINSTEIN COMPANY, alleged acts hotel THE employment his employees and WEINSTEIN Weinstein COMPANY, his THE THE his prior despite director, was COMPANY, which LLC COMPANY, agent, of scope to using steps and known things taking Plaintiff WEINSTEIN other Weinstein an was the LLC, HOLDINGS, while THE was conduct to Harvey the HOLDINGS, 2017. agency all Weinstein COMPANY October Weinstein or remove Weinstein, Harvey WEINSTEIN in COMPANY, among COMPANY WEINSTEIN Harvey THE and allowing to discipline failing by, upon demands distress. and misconduct WEINSTEIN misconduct LLC HOLDINGS, THE and quo committed LLC sexual pro emotional was HOLDINGS, Weinstein's Harvey quid and s conduct COMPANY WEINSTEIN and mental physical, Weinstein Harvey 267. harassment Weinstein's Harvey Weinstein HOLDINGS, and Board its of Directors. 269. Harvey Defendants MAEROV, Weinstein DIRK ZIFF, RICHARD WEINSTEIN COMPANY WEINSTEIN and ROBERT s conduct TIM was SARNOFF, committed MARC WEINSTEIN, LLC, THE DOES the L. DOLAN, WEINSTEIN 1-10, 55 of 75 who are of scope TARAK LASRY, JAMES KOENIGSBERG, HOLDINGS, within his BEN JEFF employment AMMAR, LANCE THE SACKMAN, COMPANY, vicariously with LLC, liable for HARVEY same. INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 270. in As the RECEIVED NYSCEF: 04/30/2018 at length described scope and furtherance TARAK MARC LASRY, JAMES L. DOLAN, WEINSTEIN Harvey of employment his BEN JEFF COMPANY, THE DIRK COMPANY TIM committed SARNOFF, KOENIGSBERG, HOLDINGS, ROBERT and was ZIFF, RICHARD MAEROV, WEINSTEIN herein as alleged Defendants WEINSTEIN HARVEY LLC, for LANCE AMMAR, SACKMAN, conduct Weinstein's above, THE LLC, 1- DOES WEINSTEIN, 10. 271. DIRK TIM ZIFF, misconduct Weinstein's Harvey RICHARD KOENIGSBERG, COMPANY HOLDINGS, ROBERT and sexual LLC THE allowing by, 1-10, other things LLC HOLDINGS, LLC all 272. That DIRK the WEINSTEIN COMPANY taking TIM SARNOFF, WEINSTEIN and steps in his and hotel THE room places L. recurring and silence DOES 1-10 are as alleged herein ratified and condoned BEN JEFF DOLAN, WEINSTEIN 56 of 75 of TARAK WEINSTEIN, and same, and meetings, for paid THE by LLC, such failing actions by victims. AMMAR, LANCE THE SACKMAN, COMPANY, vicariously predatory HOLDINGS, COMPANY, misconduct ROBERT as they or other knowledge LASRY, abusive to private prior JAMES WEINSTEIN victims WEINSTEIN his HARVEY COMPANY THE MARC LLC, to lure MAEROV, WEINSTEIN unlawful, WEINSTEIN Defendants THE SACKMAN, LLC, to LANCE AMMAR, his employees to hide KOENIGSBERG, HOLDINGS, THE despite while ZIFF, RICHARD Weinstein Weinstein Harvey facilitated using COMPANY, BEN COMPANY, which COMPANY Weinstein, Harvey DOES business Harvey MAEROV, WEINSTEIN to conduct remove discipline THE known previously JEFF DOLAN, Weinstein or to among WEINSTEIN Harvey WEINSTEIN LLC, L. was TARAK LASRY, JAMES WEINSTEIN, misconduct and MARC SARNOFF, herein as alleged LLC, responsible as aforesaid. for HARVEY the acts of INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/30/2018 That 273. physical suffering, pain, claims compensatory 274. That (due (5) disregard), due diligence, in 276. The which would damages Ten aside 278. any possible of and suffering of more the emotional injury, of loss Law, (as (7) (as (11) set exceptions conduct), Labor the obtain of the enjoyment forth Defendants pain and life, and of CPLR in §1602, with acted Defendant's acted with parties herein sought over reckless or knowingly that in CPLR person that Defendants as with §1601, have may were any vicariously herein. liability exceeds such any in and herein, set forth exceptions jurisdiction Defendants additional have jurisdictional the of limits all other courts jurisdiction. FOR AN EIGHTH OF restates or more one to damages otherwise and NEW YORK CAUSE herein incorporates by OF ACTION HUMAN STATE reference FOR: LAWS RIGHTS the as if paragraphs preceding fully herein. Human The to Rights practice discriminatory refuse of from VIOLATION set forth or intentional is unable matter amount Plaintiff and sustained herein. one within falls AS AND 277. within Defendant's Plaintiff for responsible to action this this punitive pain has in concert). and That distress, falls Plaintiff incidents, emotional Article (8) intentionally, fault action subject the and this specifically: 275. of as a result hire discriminate employment" or Law ... employ against such (Executive (Executive [f]or or an to bar individual Law 279. That Plaintiff was 280. That Plaintiff is a female. § 296 an employee Law employer § 290 ... to in compensation discharge [a]) of of because or [1] et seq.) .) declares Defendants. 57 of 75 from or the ... sex employment in terms, it "shall that of ... such conditions be an unlawful any individual or to individual, privileges or to of INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/30/2018 That 281. plaintiff That the 283. That plaintiff 284. That the consider was conduct plaintiff That defendants was subjected was unwanted and verbally abused mentally and harassed plaintiff. by conduct to the of herein complained or widespread so severe environment That sexually, above. conduct aforesaid work the physically, at length as described 282. 285. Weinstein Harvey or persistent that because she is a female. woman a reasonable would to be hostile. that considered actually she was subjected to conduct the because she is a female. 286. conduct 287. and That either accepted at the time a high-level managerial 288. That plaintiff 289. That defendant's or widespread considered 290. and the That was knew persistent Harvey or approved of the conduct of of aforesaid conduct included that a environment Weinstein's behavior have known about the herein as aforesaid, Harvey Weinstein was or ridicule intimidation, woman behavior derelict in insults, plaintiff's and was circumstances so or severe would have was frequent, highly persistent, and widespread in nature. 292. That the conduct was 293. That the conduct unreasonably 294. Harvey ZIFF, conduct. to be hostile. said Weinstein's the reasonable That DIRK complained because 291. Defendants should care, it. harmed offensive severely of reasonable exercise employee. was work in the or, and conduct had TIM on or physically humiliating conduct an effect interfered was SARNOFF, well-being. threatening with within LASRY, 58 of 75 to plaintiff. work plaintiff's committed MARC Plaintiff's the scope TARAK performance. of BEN his employment AMMAR, with LANCE INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/30/2018 RICHARD MAEROV, WEINSTEIN COMPANY WEINSTEIN and 295. in As the scope and HOLDINGS, ROBERT furtherance TARAK MARC LASRY, JAMES L. DOLAN, WEINSTEIN DOES Harvey of employment BEN JEFF COMPANY, LLC, for THE are HARVEY WEINSTEIN TIM RICHARD committed SARNOFF, KOENIGSBERG, HOLDINGS, ROBERT and same. was ZIFF, COMPANY WEINSTEIN herein DIRK MAEROV, for liable as alleged HARVEY LLC, vicariously Defendants THE SACKMAN, COMPANY, conduct LANCE AMMAR, SACKMAN, who 1-10, JEFF DOLAN, WEINSTEIN Weinstein's above, his L. THE LLC, WEINSTEIN, at length described JAMES KOENIGSBERG, THE LLC, 1- DOES WEINSTEIN, 10. herein as 'WXVga)V%k alleged 4le TO'J Weinstein's kkVkVX' 'a'aV~ VVkkk V misconduct kkkkVVVkk%kW V W Harvey 296.5/~ DIRK TIM ZIFF, RICHARD KOENIGSBERG, COMPANY HOLDINGS, ROBERT and sexual LLC THE allowing by, other things HOLDINGS, LLC all 297. That DIRK Harvey the ZIFF, RICHARD COMPANY Weinstein in his and taking steps TIM SARNOFF, THE room or other places misconduct L. DOLAN, WEINSTEIN 59 of 75 and of recurring and silence BEN JEFF COMPANY, predatory HOLDINGS, and meetings, for paid COMPANY, TARAK LASRY, abusive to private knowledge JAMES WEINSTEIN victims prior MARC LLC, to lure WEINSTEIN his HARVEY COMPANY WEINSTEIN hotel WEINSTEIN unlawful, THE to hide KOENIGSBERG, LLC, MAEROV, THE SACKMAN, his employees despite while HOLDINGS, THE using LLC COMPANY, facilitated LANCE AMMAR, COMPANY, which COMPANY Weinstein, WEINSTEIN 1-10, business Harvey MAEROV, WEINSTEIN DOES BEN JEFF DOLAN, to conduct remove discipline THE L. Weinstein or to among WEINSTEIN Harvey WEINSTEIN LLC, TARAK LASRY, JAMES WEINSTEIN, misconduct and MARC SARNOFF, knownTVkk to Defendants khkkV VV ~ VXVkk%k%%EkVV was TTbtV previously LLC, such THE by failing actions by victims. AMMAR, SACKMAN, LLC, LANCE THE HARVEY INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/30/2018 WEINSTEIN and Harvey Weinstein 298. That WEINSTEIN, DOES 1-10 are as alleged herein ratified and condoned as a result physical suffering, compensatory 299. That action (due (5) disregard), 300. That due diligence, in this 301. The which would action is unable aside any possible of amount from have AS AND set forth 303. restates Plaintiff was to the At the managerial 305. emotional injury, of loss enjoyment pain and life, and of the conduct), Law, (as (7) (as (11) set exceptions forth Defendants in CPLR with acted Defendant's acted §1602, reckless or knowingly one to or more obtain Defendants in that in CPLR person that Defendants as with §1601, may were have any vicariously herein. liability exceeds such any and with herein sought over herein, parties set forth exceptions jurisdiction the jurisdictional limits of all other courts jurisdiction. FOR A NINTH OF and of the CAUSE NEW YORK herein incorporates OF by ACTION HUMAN CITY reference the FOR: RIGHTS LAWS preceding paragraphs as if fully herein. subjected 304. and suffering of more Labor the additional damages otherwise Plaintiff or intentional of and of acts as aforesaid. same, sustained the herein. one within falls VIOLATION 302. within Ten matter for responsible damages Defendant's Plaintiff this punitive pain has for responsible vicariously in concert). and intentionally, distress, Article (8) Plaintiff incidents, emotional falls to as they subject the and this specifically: of pain, claims fault ROBERT or DIRK treated conduct time described of the well TIM than other employees because she was a female, and above. subject responsibilities supervisory ZIFF, less SARNOFF, occurrences over MARC and acts, Harvey Weinstein was exercising plaintiff. LASRY, 60 of 75 TARAK BEN AMMAR, LANCE INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/30/2018 RICHARD MAEROV, COMPANY WEINSTEIN ROBERT WEINSTEIN HOLDINGS, immediate and appropriate 306. DIRK ZIFF, TIM RICHARD conduct discriminatory MARC LLC COMPANY, either and to an employee with L. THE LLC, considered TARAK LASRY, JAMES HOLDINGS, since WEINSTEIN THE SACKMAN, it or accepted and failed to action. SARNOFF, are JEFF DOLAN, conduct Weinstein's Harvey KOENIGSBERG, WEINSTEIN L. THE LLC, corrective COMPANY WEINSTEIN ROBERT of knew take MAEROV, JAMES KOENIGSBERG, have BEN JEFF DOLAN, WEINSTEIN had of or managerial THE SACKMAN, LLC COMPANY, knowledge supervisory LANCE AMMAR, and Weinstein's Harvey of knew responsibility it. 307. In the BEN AMMAR, exercise LANCE THE SACKMAN, conduct 308. and failed Plaintiff was TARAK MARC LASRY, JAMES L. DOLAN, WEINSTEIN 309. That 310. harassment SARNOFF, That an JEFF COMPANY, Plaintiff as and was BEN LLC known MARC by above, Harvey LASRY, Weinstein, TARAK of JEFF DOLAN, Harvey WEINSTEIN Weinstein's ZIFF, RICHARD COMPANY TIM SARNOFF, KOENIGSBERG, HOLDINGS, LLC, THE WEINSTEIN. to defendants plaintiff L. conduct. DIRK MAEROV, WEINSTEIN ROBERT such WEINSTEIN, LANCE THE known have TARAK LASRY, THE LLC, to prevent HARVEY AMMAR, and should diligence SACKMAN, described harm of employee JAMES HOLDINGS, WEINSTEIN reasonable MARC SARNOFF, KOENIGSBERG, COMPANY ROBERT to exercise TIM ZIFF, RICHARD MAEROV, and DIRK care, WEINSTEIN LLC COMPANY, ofreasonable to be was a woman. subjected and BEN vicariously AMMAR, 1- 61 of 75 to abuse by and defendants LANCE sexual DIRK MAEROV, and physical ZIFF, TIM RICHARD INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/30/2018 JAMES KOENIGSBERG, HOLDINGS, THE LLC, That 312. That Plaintiff 313. That as a result being treated That 314. because was That plaintiff's subjected of the than to the conduct because a reasonable woman aforesaid conduct, under employees that considered actually ROBERT and COMPANY WEINSTEIN WEINSTEIN. unwanted. aforesaid other LLC COMPANY, was THE SACKMAN, all she was of the she was a woman. consider would that she was circumstances. being treated managerial or less well than other employees a woman. Weinstein Harvey was exercising responsibilities supervisory at workplace. 316. DIRK That ROBERT WEINSTEIN to take In the BEN AMMAR, conduct Harvey Defendants MAEROV, and and failed Weinstein's DIRK MAEROV, ZIFF, RICHARD ROBERT TIM TIM ZIFF, WEINSTEIN KOENIGSBERG, either and MARC SARNOFF, JAMES HOLDINGS, should reasonable SARNOFF, conduct THE SACKMAN, LLC COMPANY, KOENIGSBERG, COMPANY was JEFF WEINSTEIN LANCE AMMAR, and it or accepted action. RICHARD to exercise conduct DIRK BEN DOLAN, aforesaid corrective care, WEINSTEIN LLC COMPANY, 318. LANCE L. Weinstein's appropriate TARAK LASRY, THE LLC, Harvey ofreasonable THE SACKMAN, of and exercise MARC JAMES HOLDINGS, knew immediate 317. SARNOFF, KOENIGSBERG, COMPANY WEINSTEIN aforsaid TIM ZIFF, RICHARD MAEROV, failed was plaintiff she 315. conduct well less JEFF DOLAN, WEINSTEIN Defendants' 311. L. have diligence within committed MARC LASRY, JAMES 62 of 75 L. known to prevent the scope TARAK DOLAN, L. THE LLC, of such of BEN JEFF TARAK LASRY, DOLAN, JEFF WEINSTEIN Harvey Weinstein's conduct. his employment AMMAR, SACKMAN, with LANCE THE INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/30/2018 WEINSTEIN COMPANY WEINSTEIN and 319. in As the ROBERT and furtherance TARAK MARC LASRY, JAMES L. DOLAN, WEINSTEIN DOES Harvey of employment his COMPANY, LLC, who 1-10, for THE are TIM RICHARD committed SARNOFF, KOENIGSBERG, HOLDINGS, ROBERT and same. was ZIFF, COMPANY WEINSTEIN herein DIRK MAEROV, for liable as alleged HARVEY LLC, vicariously Defendants WEINSTEIN HARVEY COMPANY, conduct LANCE AMMAR, SACKMAN, WEINSTEIN Weinstein's above, BEN JEFF THE LLC, WEINSTEIN, at length described scope HOLDINGS, THE LLC, 1- DOES WEINSTEIN, 10. 320. Weinstein's Harvey DIRK TIM ZIFF, misconduct RICHARD KOENIGSBERG, COMPANY HOLDINGS, ROBERT and sexual LLC THE allowing by, 1-10, other things HOLDINGS, LLC all 321. That DIRK Harvey the ZIFF, RICHARD COMPANY Weinstein THE in his and taking steps TIM SARNOFF, hotel THE misconduct L. DOLAN, WEINSTEIN 63 of 75 and places of recurring and silence BEN JEFF COMPANY, predatory HOLDINGS, and meetings, for paid COMPANY, TARAK LASRY, to private or other knowledge JAMES LLC, room prior MARC WEINSTEIN abusive victims WEINSTEIN his HARVEY COMPANY THE to hide KOENIGSBERG, to lure MAEROV, WEINSTEIN unlawful, WEINSTEIN Defendants THE SACKMAN, LLC, to LANCE AMMAR, his employees despite while HOLDINGS, facilitated using LLC COMPANY, BEN COMPANY, which COMPANY Weinstein, WEINSTEIN DOES business Harvey MAEROV, WEINSTEIN to conduct remove discipline THE known previously JEFF DOLAN, Weinstein or to among WEINSTEIN Harvey WEINSTEIN LLC, L. was TARAK LASRY, JAMES WEINSTEIN, misconduct and MARC SARNOFF, herein as alleged LLC, such by THE failing actions by victims. AMMAR, SACKMAN, LLC, LANCE THE HARVEY INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/30/2018 WEINSTEIN and Harvey Weinstein 322. That compensatory 323. That disregard), in The which would and condoned of to as they subject the distress, punitive damages within 327. requests 328. decisions or of more the emotional injury, of loss enjoyment Law, (as (7) (as (11) set exceptions conduct), is unable aside any possible of amount restates obtain to from additional have forth Defendants pain and life, and of CPLR in §1602, with acted Defendant's acted sought over with herein in reckless or knowingly that in CPLR person that Defendants as with §1601, may were have any vicariously herein. liability exceeds such any and herein, parties set forth exceptions jurisdiction the jurisdictional limits of all other courts jurisdiction. FOR A TENTH and of the Defendants damages otherwise or more one QUID set forth and suffering of acts as aforesaid. same, sustained the herein. Labor the within falls matter Plaintiff and intentional of has for responsible vicariously in concert). AS AND 326. pain one Defendant's Ten Plaintiff incidents, emotional falls Plaintiff for 325. ratified action this this responsible herein Article and intentionally, fault as alleged (due (8) diligence, are action (5) due 1-10 and this specifically: That DOES pain, claims 324. WEINSTEIN, as a result physical suffering, ROBERT CAUSE PRO QUO incorporates OF ACTION FOR: HARASSMENT herein by reference the as if paragraphs preceding fully herein. Weinstein Harvey for That sexual said affecting favors, actions committed or other unwelcome verbal were performed compensation, terms, sexual or physical conduct or explicitly conditions, conduct, a sexual nature as the implicitly, or privileges 64 of 75 of including of Plaintiff. basis sexual advances, against for Plaintiff. employment INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/30/2018 That 329. LANCE DIRK Defendants RICHARD MAEROV, COMPANY WEINSTEIN ROBERT WEINSTEIN benefits to the 330. DIRK Defendants TIM COMPANY WEINSTEIN and 331. in As the described scope and JAMES L. DOLAN, WEINSTEIN ROBERT JEFF COMPANY, DOES employment BEN his LLC, HARVEY LLC linked of and tangible BEN job COMPANY and for same. was TIM ZIFF, RICHARD MAEROV, HARVEY LLC, herein DIRK Defendants committed SARNOFF, KOENIGSBERG, HOLDINGS, ROBERT THE SACKMAN, liable as alleged with LANCE AMMAR, vicariously conduct WEINSTEIN employment COMPANY, are WEINSTEIN his JEFF DOLAN, who 1-10, for THE SACKMAN, THE SACKMAN, tacitly scope WEINSTEIN LANCE AMMAR, AMMAR, COMPANY, TARAK L. Weinstein's of or the LASRY, THE LLC, Harvey JEFF DOLAN, WEINSTEIN within JAMES above, L. BEN advances. MARC SARNOFF, TARAK LASRY, expressly committed WEINSTEIN, at length TARAK LASRY, was HOLDINGS, furtherance MARC sexual KOENIGSBERG, WEINSTEIN THE and WEINSTEIN of conduct RICHARD MAEROV, HARVEY or rejection ZIFF, JAMES LLC HOLDINGS, Weinstein's MARC SARNOFF, KOENIGSBERG, and acceptance Harvey TIM ZIFF, LLC, THE 1- DOES WEINSTEIN, 10. 332. DIRK Weinstein's Harvey TIM ZIFF, KOENIGSBERG, COMPANY HOLDINGS, sexual LLC ROBERT misconduct and THE WEINSTEIN, by, among WEINSTEIN TARAK LASRY, JAMES LLC, herein as alleged MARC SARNOFF, RICHARD and misconduct THE L. DOES 1-10, other things COMPANY, which using LLC AMMAR, SACKMAN, COMPANY, facilitated THE employees 65 of 75 known previously BEN JEFF DOLAN, WEINSTEIN was his LLC, unlawful, to lure LANCE victims Defendants MAEROV, THE WEINSTEIN HARVEY WEINSTEIN abusive COMPANY WEINSTEIN to to private and predatory HOLDINGS, meetings, and INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 allowing RECEIVED NYSCEF: 04/30/2018 Weinstein to conduct business COMPANY HOLDINGS, LLC Harvey WEINSTEIN or remove Harvey Weinstein, all 333. That to discipline DIRK the COMPANY WEINSTEIN and Weinstein 334. That compensatory 335. That specifically: disregard), 336. That due diligence, fault in this for responsible 337. The which would MARC JAMES L. THE and condoned the to subject emotional distress, punitive damages within falls one pain of or BEN such failing actions by victims. LANCE AMMAR, THE SACKMAN, HARVEY LLC, for responsible the of acts as aforesaid. same, and THE by LLC, COMPANY, sustained suffering of more Labor the and silence vicariously has for paid emotional injury, of loss of enjoyment pain and life, and herein. intentional Defendant's Ten Plaintiff incidents, and JEFF WEINSTEIN ratified of recurring DOLAN, herein as they of TARAK LASRY, places COMPANY, misconduct his as alleged the conduct), Law, exceptions (as (7) (as (11) forth set Defendants CPLR in with acted Defendant's acted §1602, reckless or knowingly in concert). action is unable matter aside any possible amount within falls Plaintiff this knowledge are Article and intentionally, prior 1-10 (due (8) WEINSTEIN to hide LLC, or other THE DOES action (5) SARNOFF, room WEINSTEIN, and this TIM HOLDINGS, pain, claims steps hotel ROBERT as a result physical suffering, taking KOENIGSBERG, WEINSTEIN Harvey and despite while ZIFF, RICHARD MAEROV, Weinstein Harvey in his of otherwise AS AND from one to obtain have sought of the over and herein, with parties herein set forth exceptions jurisdiction Defendants additional damages or more liability exceeds the any in such that in CPLR person Defendants HOSTILE WORK CAUSE jurisdictional OF ENVIRONMENT 66 of 75 may were have any vicariously herein. limits jurisdiction. FOR AN ELEVENTH that as with §1601, ACTION FOR: of all other courts INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/30/2018 Plaintiff 338. set forth restates with herein incorporates reference by the as if paragraphs preceding fully herein. That 339. and work Plaintiff's conduct Weinstein's Harvey had or performance the an creating or purpose effect intimidating, of unreasonably or hostile, interfering offensive working environment. That 340. insult that 341. Plaintiff's was That LLC to do anything 342. That Harvey engage in the 343. That THE about DIRK WEINSTEIN COMPANY, LLC and That 344. the power SARNOFF, Harvey MARC SACKMAN, THE LLC plaintiff's and employment. DIRK defendants LANCE Weinstein was LASRY, aided Weinstein ZIFF, COMPANY WEINSTEIN ROBERT TIM RICHARD MAEROV, actual who WEINSTEIN, or apparent to him TARAK JAMES BEN in creating by his the position AMMAR, 67 of 75 TARAK LASRY, LLC as described to commit able MARC HOLDINGS, WEINSTEIN as granted his KOENIGSBERG, COMPANY ROBERT used SARNOFF, RICHARD to Harvey of he wielded to AMMAR, supervisor, TIM ZIFF, MAEROV, relationship known and ridicule, authority to of herein. complained THE agency of the conditions COMPANY, as plaintiff's Weinstein, Defendants JEFF DOLAN, the was BEN WEINSTEIN SACKMAN, their TARAK intimidation, discriminatory same. harassment LANCE AMMAR, and to alter Weinstein Harvey L. with permeated or pervasive LASRY, JAMES KOENIGSBERG, HOLDINGS, of conduct MARC was severe sufficiently said SARNOFF, failed workplace L. THE BEN JEFF DOLAN, WEINSTEIN a hostile work environment by herein. wrongful with LANCE acts described Defendants MAEROV, above DIRK ZIFF, RICHARD because TIM of INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/30/2018 JAMES KOENIGSBERG, HOLDINGS, 345. LLC, DIRK TIM ZIFF, COMPANY WEINSTEIN and in As the described scope and at length TARAK LASRY, JAMES L. DOLAN, WEINSTEIN JEFF COMPANY, Harvey of employment BEN his THE SACKMAN, LLC, WEINSTEIN and for RICHARD same. was TIM ZIFF, COMPANY committed SARNOFF, KOENIGSBERG, HOLDINGS, ROBERT THE HARVEY LLC, herein DIRK LANCE SACKMAN, liable as alleged MAEROV, WEINSTEIN HARVEY JEFF vicariously Defendants LANCE AMMAR, are with AMMAR, COMPANY, conduct for employment his BEN DOLAN, who Weinstein's above, of scope WEINSTEIN 1-10, WEINSTEIN. TARAK L. THE DOES WEINSTEIN, furtherance MARC JAMES LLC, the LASRY, COMPANY WEINSTEIN ROBERT and within MARC SARNOFF, HOLDINGS, ROBERT LLC committed KOENIGSBERG, WEINSTEIN 346. was THE SACKMAN, COMPANY, conduct RICHARD MAEROV, JEFF DOLAN, WEINSTEIN Weinstein's Harvey Defendants THE L. THE LLC, 1- DOES WEINSTEIN, 10. 347. Weinstein's Harvey DIRK TIM ZIFF, KOENIGSBERG, COMPANY HOLDINGS, ROBERT sexual LLC WEINSTEIN, misconduct and allowing WEINSTEIN THE Harvey by, among WEINSTEIN THE L. 1-10, other things COMPANY, facilitated THE using LLC Weinstein to conduct business COMPANY HOLDINGS, LLC AMMAR, SACKMAN, COMPANY, which his in his and to lure hotel THE 68 of 75 LLC, room to MAEROV, THE WEINSTEIN HARVEY WEINSTEIN and COMPANY victims to private or other places WEINSTEIN Defendants LANCE abusive unlawful, WEINSTEIN employees known previously BEN JEFF DOLAN, WEINSTEIN DOES was TARAK LASRY, JAMES LLC, herein as alleged MARC SARNOFF, RICHARD and misconduct COMPANY, predatory HOLDINGS, and meetings, paid for LLC, by THE failing INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/30/2018 or remove Harvey Weinstein, all 348. That to discipline DIRK the COMPANY WEINSTEIN and Harvey Weinstein 349. That compensatory 350. That specifically: disregard), 351. That due diligence, fault in this for responsible 352. The which would L. THE LLC, ratified and condoned of the subject emotional distress, punitive damages within falls to of pain or BEN has THE SACKMAN, HARVEY LLC, for the of acts as aforesaid. same, and by LANCE AMMAR, responsible sustained actions victims. COMPANY, vicariously suffering of more intentional Labor the and silence such emotional injury, of loss pain and life, and of enjoyment herein. one Defendant's Ten Plaintiff incidents, and JEFF WEINSTEIN herein as they recurring DOLAN, as alleged the exceptions conduct), Law, (as (7) (as (11) forth set Defendants in CPLR with acted Defendant's acted §1602, reckless or knowingly in concert). action is unable matter aside any possible amount within falls Plaintiff this JAMES of TARAK LASRY, are Article and intentionally, MARC 1-10 (due (8) misconduct his DOES action (5) SARNOFF, to hide WEINSTEIN, and this TIM HOLDINGS, pain, claims steps knowledge ROBERT as a result physical suffering, taking KOENIGSBERG, WEINSTEIN prior despite while ZIFF, RICHARD MAEROV, Weinstein Harvey of otherwise from to have or more obtain sought of the over with parties herein any in and herein, such that person that Defendants as with §1601, may were have any vicariously herein. liability exceeds in CPLR set forth exceptions jurisdiction Defendants additional damages AS AND one the jurisdictional limits of all other courts jurisdiction. FOR A TWELFTH CAUSE OF ACTION FOR: RATIFICATION 353. set forth Plaintiff restates and incorporates herein by reference herein. 69 of 75 the preceding paragraphs as if fully INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 354. RECEIVED NYSCEF: 04/30/2018 of The actions of defendants officer" employer itself in for LANCE 356. RICHARD WEINSTEIN That there was HOLDINGS, Harvey Weinstein. 357. That WEINSTEIN Weinstein committed BEN by That there COMPANY, would commit was THE ROBERT on by LLC the L. THE the material or of RICHARD notice against SARNOFF, HOLDINGS, of and LANCE THE SACKMAN, LLC Weinstein's Harvey of the and for propensity of plaintiff, and MARC LASRY, those acts of herein. KOENIGSBERG, COMPANY COMPANY COMPANY, constructive TIM RICHARD AMMAR, JEFF concerning TIM ZIFF, ZIFF, WEINSTEIN BEN facts herein DIRK WEINSTEIN WEINSTEIN and of herein. MAEROV, DOLAN, THE LLC complained TARAK LASRY, complained WEINSTEIN of AMMAR, SACKMAN, ROBERT and BEN JEFF defendants THE actual DIRK conduct SACKMAN, complained to Plaintiff MAEROV, WEINSTEIN and wrongs acceptance LANCE LLC the them acts COMPANY, LANCE LLC, of TARAK AMMAR, JAMES knowledge put Weinstein Harvey AMMAR, SACKMAN, to full a "superior by considered DOLAN, between MARC SARNOFF, therefore WEINSTEIN COMPANY, HOLDINGS, had which misconduct JEFF DOLAN, L. wrongful BEN KOENIGSBERG, COMPANY WEINSTEIN 358. TIM THE relationship WEINSTEIN ZIFF, RICHARD ROBERT L. performed LASRY, JAMES Weinstein's TARAK are MARC LLC, principal-agent THE DIRK MAEROV, Harvey a and were liable. SARNOFF, Harvey LASRY, LLC, held TIM herein employment, HOLDINGS, JAMES KOENIGSBERG, his KOENIGSBERG, ratified MARC SARNOFF, prior ZIFF, COMPANY WEINSTEIN of course of complained it is additionally DIRK MAEROV, ROBERT the which Defendant 355. Weinstein Harvey Harvey 70 of 75 JAMES LLC, Weinstein's L. THE acts as TARAK DOLAN, JEFF WEINSTEIN complained of INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 and herein, for RECEIVED NYSCEF: 04/30/2018 said acts 359. that those DIRK COMPANY WEINSTEIN TIM ZIFF, RICHARD MAEROV, ROBERT which same put would said on defendants of notice the pronesity to occur. Defendants LANCE preceded WEINSTEIN MARC SARNOFF, JAMES KOENIGSBERG, HOLDINGS, intended THE LLC, to ratify L. of actions BEN JEFF DOLAN, WEINSTEIN wrongful the TARAK LASRY, AMMAR, LLC COMPANY, Harvey THE SACKMAN, Weinstein and complained of herein. 360. TIM The MARC SARNOFF, HOLDINGS, for 362. That that 363. LANCE ROBERT conduct workplace DIRK MAEROV, employment severe ZIFF, RICHARD COMPANY WEINSTEIN's complained verbal or THE SACKMAN, LLC physical decisions of account. sexual a sexual compensation, affecting COMPANY WEINSTEIN's including ZIFF, RICHARD WEINSTEIN conduct, conduct DIRK Defendant MAEROV, ROBERT and sexual unwelcome other LANCE AMMAR, COMPANY, on done explicitly or conditions, or nature terms, advances, employment. sufficiently Defendants WEINSTEIN for and BEN JEFF DOLAN, or professedly done TARAK committed basis plaintiff's was was WEINSTEIN favors, of plaintiff's privileges insult, sexual as the implicitly, L. Weinstein Harvey requests THE LLC, conduct LASRY, JAMES KOENIGSBERG, 361. tortious underlying was or pervasive TIM with permeated to alter JAMES KOENIGSBERG, HOLDINGS, agents or THE LLC, supervisory the employees of herein. 1- 71 of 75 TARAK LASRY, L. DOLAN, WEINSTEIN knew JEFF employment. BEN should AMMAR, SACKMAN, COMPANY, or and ridicule, of Plaintiff's conditions MARC SARNOFF, intimidation, discriminatory have THE LLC known and of the INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/30/2018 That 364. Defendant company's management SARNOFF, MARC JAMES That 365. LANCE That LANCE ROBERT DIRK and Harvey LLC, THE a duty to act L. TIM COMPANY WEINSTEIN. TARAK JEFF DOLAN, WEINSTEIN on the the RICHARD WEINSTEIN LASRY, MAEROV, ZIFF, RICHARD COMPANY WEINSTEIN and scope described and to act on said of the propriety conduct TIM ROBERT at length furtherance JAMES was SARNOFF, LLC, THE a duty to of HOLDINGS, BEN AMMAR, THE SACKMAN, LLC COMPANY, knowledge and LASRY, TARAK the stop WEINSTEIN, and harassment within THE L. of employment THE SACKMAN, of company the the LLC and but harassment, and matter, 1-10, for 72 of 75 are conduct Defendants his BEN thus showed LLC, for liable vicariously DIRK LANCE THE SACKMAN, COMPANY, as alleged with employment AMMAR, JEFF DOLAN, who of scope TARAK WEINSTEIN Weinstein's Harvey AMMAR, COMPANY, meaningful LASRY, JAMES DOES the BEN acts. MARC above, his said JEFF DOLAN, WEINSTEIN in any committed LLC, L. inform information KOENIGSBERG, WEINSTEIN As with charged failed Weinstein's MARC SARNOFF, HOLDINGS, ratification DIRK Defendants the JAMES in ZIFF, MAEROV, ROBERT and MARC KOENIGSBERG, were to do so, or same TIM ZIFF, RICHARD WEINSTEIN acceptance in with charged COMPANY WEINSTEIN 368. LLC KOENIGSBERG, were Defendants MAEROV, 367. THE level DIRK defendants SACKMAN, SARNOFF, HOLDINGS, for proxy high sufficiently of herein. complained 366. TIM a LANCE COMPANY, ZIFF, COMPANY WEINSTEIN a at AMMAR, BEN JEFF WEINSTEIN official as qualify DOLAN, RICHARD MAEROV, ROBERT L. an was TARAK DIRK Defendants WEINSTEIN failed THE LLC, to hierarchy LASRY, KOENIGSBERG, HOLDINGS, Weinstein Harvey herein ZIFF, was TIM HARVEY same. committed SARNOFF, INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/30/2018 TARAK MARC LASRY, JAMES L. DOLAN, WEINSTEIN BEN JEFF THE SACKMAN, COMPANY, LANCE AMMAR, COMPANY WEINSTEIN HARVEY LLC, RICHARD MAEROV, WEINSTEIN HOLDINGS, ROBERT and KOENIGSBERG, THE LLC, 1- DOES WEINSTEIN, 10. 369. DIRK TIM ZIFF, misconduct Weinstein's Harvey RICHARD KOENIGSBERG, COMPANY HOLDINGS, ROBERT and sexual LLC THE allowing by, COMPANY HOLDINGS, LLC Weinstein, all 370. That DIRK the RICHARD WEINSTEIN and Weinstein 371. That claims compensatory taking steps TIM SARNOFF, HOLDINGS, his in his hotel room knowledge THE L. are as alleged herein ratified and condoned of pain, and the subject Plaintiff incidents, emotional distress, punitive damages pain and herein. 73 of 75 has suffering places and silence BEN JEFF WEINSTEIN 1-10 and sustained and by LLC, THE failing actions by victims. LANCE AMMAR, THE SACKMAN, LLC, for HARVEY the acts of as aforesaid. injury, loss for paid responsible same, and meetings, such COMPANY, vicariously predatory HOLDINGS, to private recurring DOLAN, DOES abusive of TARAK WEINSTEIN, as they WEINSTEIN COMPANY, misconduct LASRY, JAMES HARVEY or other prior MARC WEINSTEIN victims WEINSTEIN his MAEROV, COMPANY THE to hide LLC, to lure Defendants THE unlawful, WEINSTEIN employees and LLC, to LANCE AMMAR, SACKMAN, ROBERT as a result physical THE despite KOENIGSBERG, COMPANY Harvey Weinstein while ZIFF, WEINSTEIN suffering, LLC COMPANY, Harvey facilitated using business Harvey MAEROV, things to conduct remove discipline other BEN COMPANY, which Weinstein or to 1-10, known previously JEFF DOLAN, WEINSTEIN DOES among WEINSTEIN Harvey WEINSTEIN THE LLC, L. was TARAK LASRY, JAMES WEINSTEIN, misconduct and MARC SARNOFF, herein as alleged of emotional enjoyment of pain and life, and INDEX NO. 161254/2017 FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 372. RECEIVED NYSCEF: 04/30/2018 That specifically: (due (5) disregard), 373. That due diligence, in The which would is unable matter aside any possible for of amount otherwise TIM ZIFF, HOLDINGS, as a jury action and of New fair, attorneys to 22 Pursuant York contentions Dated: find State, April 30, to obtain (as (11) of the Defendants CPLR in acted Defendant's §1602, with acted reckless or knowingly Defendants over with parties herein in that person that Defendants as with §1601, may were have any vicariously herein. liability exceeds such any and herein, in CPLR set forth exceptions jurisdiction demands MARC LLC, THE DOES reasonable § 130-1.1, certifies in this contained York, (as (7) forth set jurisdictional the limits of all other courts judgment and just, each and together BEN JEFF DOLAN, WEINSTEIN 1-10, monetary TARAK LASRY, L. and against of them, and costs, WEINSTEIN HARVEY WEINSTEIN punitive interests MAEROV, THE SACKMAN, LLC, Defendants LANCE AMMAR, COMPANY, with damages damages, and in such sums of this disbursements fees. NYCRR New Law, or more JAMES WEINSTEIN, may exceptions jurisdiction. SARNOFF, COMPANY one sought plaintiff KOENIGSBERG, ROBERT the conduct), Labor the additional have RICHARD and from damages WHEREFORE, DIRK intentional within falls Plaintiff responsible of of more concert). action this this 374. Ten or one Defendant's to in and within falls Article (8) intentionally, fault action this that, the upon Summons undersigned, information and ' admitted an attorney and Complaint belief are and not ' to practice reasonable ' in the inquiry, the PLOTKIN LLP frivolous; NY 2018 RHEINGOLD for Attorneys By: GlUFFRA Jeremy -74- 74 of 75 RUFFO & Plaintiff A. Hellman, Esq. courts FILED: NEW YORK COUNTY CLERK 04/30/2018 05:35 PM NYSCEF DOC. NO. 54 INDEX NO. 161254/2017 RECEIVED NYSCEF: 04/30/2018 551 New Fifth York, 29th Avenue, NY 10176 Tel: (212) 684-1880 Fax: (212) 689-8156 jhellman@rheingoldlaw.com 75 of 75 FlOOr