INDEX NO. 161741/2019 FILED: NEW YORK COUNTY CLERK 12/05/2019 09:18 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/05/2019 SUPREME COUNTY COURT OF NEW OF OF STATE THE NEW YORK YORK -------------------------------X Index KAREN SUNN[ONS MCDOUGAL, No. Date Purchased: Plaintiff Plaintiff, designates as County -against- Venue based is Defendant's NEWS FOX NETWORK, of upon York trial. the principal business of New place the place headquarters and LLC, Defendant. -------------------------------X To above the named ARE YOU action this of after the case taken verified Dated: your against twenty you failure you to by default if for or after is New 30 not and York); will judgment demanded relief service within (or of answer, the the summons State in the service this the complaint on days of day within appear answer (20) complete is to the verified the your of copy of service answer to within delivered of a exclusive summons, personally in serve to attorneys this days SUMMONED HEREBY and plaintiff's defendant: in be the complaint. New New York, December 4, York 2019 ERIC . BE NSTEIN, P.C. By: 260 New Madison York, Avenue, NY 10016 (212)683-1530 Attorneys 1 of 17 for Plaintiff 18th flOOr FILED: NEW YORK COUNTY CLERK 12/05/2019 09:18 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/05/2019 Defendant's Fox 1211 New INDEX NO. 161741/2019 address: News York, c/o CT 111 Eighth New York, LLC Network, Avenue of NY the Americas 10036 Corporation System Avenue NY 10011 2 2 of 17 INDEX NO. 161741/2019 FILED: NEW YORK COUNTY CLERK 12/05/2019 09:18 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/05/2019 SUPREME COURT COUNTY OF NEW OF THE STATE NEW OF YORK YORK ------------------------------------X KAREN MCDOUGAL, Index No. Plaintiff, -against- FOX NEWS VERIFIED COMPLAINT LLC, NETWORK, Defendant. ------------------------------------X KAREN Plaintiff attorneys ERIC Complaint against R. MCDOUGAL ("MCDOUGAL"), BERNSTEIN, FOX NEWS and as P.C., by for LLC NETWORK, ("FOX and her through her Verified alleges NEWS"), as follows: PARTIES 1. MCDOUGAL is a resident 2. FOX is a foreign and domiciled in the State of Arizona. its principal Avenue of NEWS place the of limited business New Americas, and liability headquarters New York, with company at located 1211 York. JURISDICTION CPLR 3. This §301 and Court has jurisdiction over FOX NEWS pursuant §302. VENUE 4. Venue properly lies in New 1 3 of 17 York County based upon to INDEX NO. 161741/2019 FILED: NEW YORK COUNTY CLERK 12/05/2019 09:18 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/05/2019 NEWS' FOX principal place COMMON FACTS 5. Channel been the 16 years, and by Brand Keys, television is Suffolk the most in commentary news in 90 routinely to FOX 6. NEWS NEWS in average of One New York daily 7. "Tucker is Additionally, for who ten top trusted to that news could the cable programs in an objective FNC news the FOX Foundation name outlet. its or Gallup/Knight top-cited dominates and study states survey 2017 than according television a has more Intelligencer most FOX FNC for country second the the operates network, the Today the NEWS Research Americans the NEWS 2018 while among notching the in as ACTION five-cable top source country, OF FOX country. the homes million a ranks trusted the FOX source, a headquarters. CAUSES University/USA that found survey NEWS in a website, NEWS FOX ALL channel to according brand is news watched most and website, FNC ("FNC"), business TO its to According News of is available landscape genre, while according website. the is television shows called "Tucker Carlson Carlsan of audience viewing produced and Tonight" is 2 4 of 17 hosted which by has 2,800,000. approximately Tonight" aired by Tucker Carlson FOX an INDEX NO. 161741/2019 FILED: NEW YORK COUNTY CLERK 12/05/2019 09:18 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/05/2019 who ("Carlson") Carlson Tucker it 8. According as "sworn enemy 9. reporter a On over other among produces and places Carlson website, news the also airs Time). Standard show's NEWS FOX and refers advertises to show his the as lying." the or about December 10, television FOX 2018, network NEWS aired, Tonight" Carlson "Tucker published cable its of of and produced, the to NEWS. Manhattan (Eastern 8:00pm at FOX by in Tonight weekdays himself employed is later and (the on line "Show") via its website. 10. undisputed that the During In facts. Donald Carslon Show, he particular, caused ("Trump") Trump was to purporting was to on reporting be made to on report payments McDougal and woman. another 11. In Carlson stated the 12. Carlson, women the of [one he Now that which Cohen pay Trump the ransom. a be made why MCDOUGAL. relevant are and Show, was to part: undisputed. approached career the that in these McDougal] his them like reason, to was and stated, story, on Trump to Show, the ruin give sounds whatever of to doesn't $150,000 the facts threatened and extorted of during Remember if payment facts" "undisputed MCDOUGAL that caused Trump these reporting Two Donald humiliate Trump his family money. classic case to caves Now, it, more 3 5 of 17 of and than extortion. he two Yet directs years for Michael later, INDEX NO. 161741/2019 FILED: NEW YORK COUNTY CLERK 12/05/2019 09:18 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/05/2019 a is Trump any sense. Oh, but you're mission, you campaign contributions. all Although MCDOUGAL are he viewers that make a political payments as and false intentionally made truth. Carlson's of untrue, million the to political a on extortion those were for disregard on prosecutor construe statements seem doesn't prosecutor federal a would Carlson's 14. federal a were It this. doing not you If reckless 2.8 for mission. 13. with felon statements begins his his statements news regarding report by "facts" are his informing and are "undisputed". and Trump if he doesn't it to MCDOUGAL 16. This it was when while and a Carlson with put untrue reckless a she that his never reasonable completely Donald humiliate Carlson reporting is statement untrue to "approached and Although obvious was screen career his particularly the on MCDOUGAL money." them name, by that ruin to give referring knowing stated threatened MCDOUGAL was then Carlson 15. family mentions viewer who picture of extorted and disregard he Trump. was made for the truth. 17. his MCDOUGAL career or 18. Carlson never humiliate further approached his Trump if family states that 4 6 of 17 he and did MCDOUGAL's to threatened not give purported her ruin money. INDEX NO. 161741/2019 FILED: NEW YORK COUNTY CLERK 12/05/2019 09:18 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/05/2019 which actions of of the committing obtains New crime person York is a classic case by means of not so delivered, such extortion person _, any money or foreign interstate to 22. whatever or that, another or to a person if the third [e]xpose whether true or false, or U.S.C. she "with intent thing of any or § is property ... 18 property induces will law, other or another contempt commerce the compels federal person "[a] himself fear and a to tending ridicule. a 875(d), to extort person from communication is any in transmits value, reputation secret any containing of the addressee of the "undisputed or _" another facts" when injure or hatred, federal of a fact, to guilty him state §155.05, he to Trump. both Law when actor asserted Under 21. Penal in person some under property the an against felony extortion instilling publicize subject a MCDOUGAL accused repeatedly extortion State by deliver to threat of is property Carlson Show, Extortion Under law. the During 20. of fact" "undisputed is extortion. 19. or claims he Carlson as to reason, how concluded McDougal Trump "reporting" his extorted caves to Trump it, 5 7 of 17 and by he stating directs that Michael "for Cohen INDEX NO. 161741/2019 FILED: NEW YORK COUNTY CLERK 12/05/2019 09:18 AM NYSCEF DOC. NO. 1 to RECEIVED NYSCEF: 12/05/2019 ransom" the pay later ransom the calling "extortion payments". 23. which Carlson are in the once stated crime or that that he ("Cohen") 25. David Pecker with met or At this about things, assisting be keep 26. about MCDOUGAL extramarital and their affair Enquirer editor in then or any of C.E.O. prosecutors to such Cohen Trump to by, among stories so other that Pecker to sell by contacting is inform 6 8 of 17 to an 2016, which negative they agreed stories. admitted June with avoided. negative attempted deal women publication about Cohen federal offered further magazine and Michael with such Cohen with called never committed Chairman identifying of and represented MCDOUGAL 2015. Pecker Trump in to attorney relationship that the August apprised Pecker otherwise to Trump's meeting, prosecutors National and Trump's Cohen or admitted ("AMI"), purchased made the ("Pecker"), Trump in Trump be involved whatsoever. Inc. stories could extorted act Media, that to she individual every to MCDOUGAL regarding Indeed, caused Trump unlawful 24. America false. demonstrably payment "facts" several asserted federal her story an owned him who attorney by editor AMI. about her about at Pecker the story. the and At INDEX NO. 161741/2019 FILED: NEW YORK COUNTY CLERK 12/05/2019 09:18 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/05/2019 Cohen's and urging of story. the AMI 27. with of for $150,000. exchange MCDOUGAL's suppress Trump's bid ever Trump president. and 10, her and Between 29. 2016, assigned agreement of suggestion Cohen in called Pecker MCDOUGAL's with or her limited which to federal an in conceded was from Cohen, life that to influencing AMI Pecker, prosecutors the that deal Pecker cooperation and with, with on or MCDOUGAL Cohen did and at and September this the Trump. around late and August that stated life rights included the 7 9 of 17 or anyone. consummated and concert, did to AMI, would limited all it extorting $150,000. it man", transaction time be price into her AMI prevent conceded AMI attorney to no of Cohen 2016, consultation, request At MCDOUGAL Pecker August sending in for and this as entered married Pecker, so that acquire then entering story accuse 28. about in AMI alia, "any Cohen, purpose principle the with purchase statements 2016, inter to, would publication. Pecker's 5, the Cohen its and August MCDOUGAL relationship prevent Cohen about her with AMI that for negotiating to story or promise communicated to on agreement story then According prosecutors, Cohen's began MCDOUGAL's purchase to editor the reimbursed, subject 2016 he portion requirement wanted of to be AMI's that she not by INDEX NO. 161741/2019 FILED: NEW YORK COUNTY CLERK 12/05/2019 09:18 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/05/2019 tell her assign the rights consultant a agreement which $125,000. The together by which fee after Cohen paying deal the was complete Pecker signed an the transfer of an entity that delivered from invoice that the off and payment a through the signed set agreed or about signed Cohen Cohen should Pecker all agree Cohen to up Cohen by to corporation an called life agreement of was Pecker that been payment in assignment limited had was agreement assignment $125,000, the However, the shell a for consultant the to instructed assignment 2016, services. advisory 2016, the the stated falsely for an Pecker agreed the consultant with incorporated to contemplated to Pecker AMI. 30, AMI Trump. $125,000. AMI with from story Cohen for September On 30. for Cohen works with affair unaffiliated company for to who rights her about story tear up the $125,000 upon flat October early prior but to and told him the assignment that agreement. 31. Cohen, prosecutors that because $150,000 with election." the affect AMI, and and have Trump directed Trump "was very concerned The payment to MCDOUGAL denied directing admitted to MCDOUGAL about how had paid this would to nothing extortion. 32. In January 2018, Trump 8 10 of 17 payment of do INDEX NO. 161741/2019 FILED: NEW YORK COUNTY CLERK 12/05/2019 09:18 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/05/2019 $150,000 to In July be heard 33. can Trump MCDOUGAL without 34. On out about the that it law, fault. and that her of one In the "approached he no never MCDOUGAL Cohen happened it which once and so. directed matter on" "later do that found only MCDOUGAL stated never Trump he to to threats. that legal was which payment or to illegal and once this Donald was to was break of claimed paid Cohen's version that because if and Trump's he was he doesn't could not give were reckless have come 9 11 of 17 Carlson and to said ruin publicly that his MCDOUGAL career and money." [her] and to this otherwise Yet, fact" threatened statements he Trump. "undisputed in or implied, extorted Trump Carlson's involved mentioned, was family individual every MCDOUGAL his 37. made Trump anything end, never that humiliate stated it that believes, that asserted if Trump cash in MCDOUGAL. transaction indicated 2018, Cohen, extortion that surfaced a of Cohen importantly by 36. 2018, and him Cohen suggesting that December Most extorted 22, from of statements diligence accused by suggestion payment In recording voluntarily any advice the a 2018, August came 35. the never certainly him. extorting on and MCDOUGAL that lacked conclusion any due if INDEX NO. 161741/2019 FILED: NEW YORK COUNTY CLERK 12/05/2019 09:18 AM NYSCEF DOC. NO. 1 he RECEIVED NYSCEF: 12/05/2019 FOX or NEWS matter the or 38. or anyone A the would lying", for Trump money. "Remember the that of career and the that sounds and ransom"; "facts" approach NEWS Cohen, AMI, Trump caused aforementioned or statements to not to as be on why paid to Show. 10 12 of 17 his money"; [her] the "[P]ay assertions that MCDOUGAL career her money. speak with under of false. his give or ruin _" $150,000 the give extortion"; ruin failed apparently MCDOUGAL doesn't verified to did he to verifiably easily - said undisputed"; specific are threatened if MCDOUGAL of the extorted Carlson threatened payments number of enemy who what of of purpose are he case have and family Carlson 41. classic which could Trump his if listening criminal a and Trump family a MCDOUGAL FOX humiliate made is these extortion Show against 40. a "[T]hose The 39. like MCDOUGAL, "sworn the exactly story, his and being is Donald humiliate tone MCDOUGAL Indeed, approached "[McDougal] and that facts into intelligence ordinary its facts" conclude Cohen, Trump, of including "undisputed reporting not person Show, investigation cursory AMI. at reasonable watching "Now else a with speaking including Pecker, even conducted had what prior did and Trump, Pecker, circumstances to making the INDEX NO. 161741/2019 FILED: NEW YORK COUNTY CLERK 12/05/2019 09:18 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/05/2019 Had 42. or reporting what Carlson he and FOX Instead, state scope of In doing and by caused 47. were 48. was have and The disregard or the that and is manifested a that to MCDOUGAL to research be paid statements that she the is a the criminal would-be for the grossly for investigate the 11 13 of 17 "undisputed a Show, that and truth how statements the the the or or he reasonable inherently in United actual why facts". about engaged of falsity, truth MCDOUGAL. Trump. on President factual persistent were during Nevertheless, based watching and about story $150,000. that concluded NEWS disregard or 2.8 approximately FOX extorted were or of NEWS reckless felony excuse. a FOX a committing of employ and Carlson of audience fabricated listening against activity reckless his an to under failed After would fact so, MCDOUGAL that MCDOUGAL employment, publishing Carlson 46. viewer responsible discovered easily MCDOUGAL justification while his irresponsible asserted about law without Carlson, 45. Trump federal people falsity have accused they and 44. the published or false. 43. million would he NEWS investigation any journalism, demonstrably under done MCDOUGAL illegal States. malice, defamatory INDEX NO. 161741/2019 FILED: NEW YORK COUNTY CLERK 12/05/2019 09:18 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/05/2019 of impact per se falsely and MCDOUGAL accusing MCDOUGAL allegation if as 50. about FOX 51. authorization with reckless 53. to content that suffered from MCDOUGAL 55. FOX publication the the NEWS false statements without statements without privilege. grossly truth and or had, or veracity every Carlson. was for and NEWS Carlson As and and aforementioned said FOX each employee, published and Se) made irresponsible, actual should malice. have of accuracy the reasons had, Show's MCDOUGAL. Carlson 56. its by doubt 54. of the NEWS Carlson about realleges published disregard seriously and herein. NEWS' FOX 52. slander ACTION Per forth set made FOX OF (Slander repeats NEWS MCDOUGAL is criminality redress. mandates CAUSE 49. of under a reputational result is FOX NEWS' publication responsible the of for of theory FOX NEWS' was its respondeat conduct, harm. 12 14 of 17 own per slander conduct as superior. MCDOUGAL has well se. as INDEX NO. 161741/2019 FILED: NEW YORK COUNTY CLERK 12/05/2019 09:18 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/05/2019 plaintiff WHEREFORE, for defendant determined at amount for relief as costs, interest, demands general this but no less together Court this punitive and trial Court judgment deems disbursements against damages than the with other such and an minimum proper just, in the and the amount to jurisdictional and further equitable with the attorneys' reasonable fees. Dated: New York, December New 4, York 2019 Eric . 260 Madison New York, P.C. ernstein, Avenue, NY 10016 (212)683-1530 Attorneys 13 15 of 17 for be Plaintiff 18th flOOr INDEX NO. 161741/2019 FILED: NEW YORK COUNTY CLERK 12/05/2019 09:18 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/05/2019 ATTORNEY'S R. ERIC the Courts the under State the read of of penalties attorneys P.C., have an BERNSTEIN, of of attorney New I for admitted duly affirms York, perjury: record VERIFICATION am an to the ERIC the in before to following at attorney Plaintiff(s), practice R. be true BERNSTEIN, action I within. annexed the COMPLAINT and know the except true. as and not in to the same are those those my attorneys that true are to stated matters I reason this for the alleged other Plaintiff(s) New New York, December 4, 14 16 of 17 pertinent BERNSTEIN, made in presently maintain 2019 R. be upon is not York ERIC to stated offices. DATED: upon them verification is/are Plaintiff(s) knowledge, my not and records, The to be believe therein matters facts, files. is Plaintiff(s) wherein county to as upon based contained the and which and belief, is knowledge, the therein belief, My information by thereof, matters and information me contents those ESQ. their FILED: NEW YORK COUNTY CLERK 12/05/2019 09:18 AM NYSCEF DOC. NO. 1 Index RECEIVED NYSCEF: 12/05/2019 No. SUPREME COUNTY KAREN OF THE COURT OF STATE NEW YORK OF NEW YORK MCDOUGAL, -against- FOX NEWS NETWORK, LLC, Defendant. COMPLAINT ERIC 260 R. Madison New York, BERNSTEIN, Avenue, New York (212)683-1530 To: Fox 1211 New c/o 111 New INDEX NO. 161741/2019 News Avenue York, LLC Network, of the New York CT Corporation Eight York, Americas 10036 System Avenue New York 10011 17 of 17 P.C. 18th FlOOr 10016