Jury Questions

7/27/2019 Jury Questions

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Eut8l'l1 D18triot ofXttntuck;y, I LIDJUL 10 2013

AT COVINGTONROBERTR,CARR CLERK U,S, DISTRICT COURT

Case: 2:09-cv-00219-WOB-CJS Doc #: 206 Filed: 07/10/13 Page: 2 of 25 - Page ID#:3092


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Tt;} s u ~ r n i t Y ( ) l J r t 'f" ') '"!f 'H"l" l t:.n l. 'e and read the 1 , ) l i o ' ~ , i f 1 ! i License Release and W31verand 0n the and suomit1hi? 'liaNef.

submit:t.ed y ~ u ~ ag i n d i c a ' t ~ d abC"t,!>e.E x c e p ~ to th e extent that ensy c o n = l i c ~ with te:tts

contained in ~ h i s L 1 c e n 5 e ~ r l e l e ~ s e ~ ~ d H a i v e ~ . the aenera l Web s1te T e ~ s and

Yeu ar e i l d ~ \ . d a e d tc r-efer to those general !'e=:n:'i3a!1.d C c n d . . i t ; i o n ! f ~ I f tho se g e n : a ~ 'Neb .svit.e Terms an d Ce:-ndi'Cicn.s conf l ic t ~ i t . r . . t,he:

BY CUCKING THE CHECK 80X, I HEREBY INDICATE THI'.T I HAVE READ 4.ND UNDERSTOOD THEFOREGOING ",NO HEREBY A.CKNOWLEDGE .AND AGREE TO BE BOUr'lD BY THE FOREGOING TERMS ANDCONDITIONS Of THIS LlCHJSE RELEASE AND ER RELATING TO THE SUBMISSION Of MY CONTENTTO THEDIRTY.COM*

~ - W E E K N DJULY 4 - JULY 7

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AT COVINGTONROBERT R. CARRs u f f i c i e n t evidence to permit th e conclusion t h a t d e ~ m S T R I C T C O U R T

in f ac t en te r ta ined se r ious doubts as to the t ru th of h ispub l ica t ion or where t he re are obvious reasons to doubt th everac i ty of the informant o r accuracy of h is r epor t s .



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Case: 2:09-cv-00219-WOB-CJS Doc #: 1 Filed: 12/23/09 Page: 1 of 7 - Page ID#: 1

Eric C. Deters 81812Attorney for PlaintiffUNITED STATES DISTRICT COURT ~ D1atriot OflentuoqEASTERN DISTRICT OF KENTUCKY , I LIDNORTHERN DIVISION AT COVINGTONJANE DOE

vs.DIRTY WORLD ENTERTAINMENTRECORDINGS LLC dbaTHEDIRT.COM4519 Los Feliz Blvd. #302Los Angeles, CA 90027

AGENT FOR SERVICEY ouson-Sherief Charles4519 Los Feliz Blvd #302Los Angeles, CA 90027

Comes now Plaintiff, Jane Doe and for her Complaint state as follows:JURISDICTION

1. Jane Doe, at all times relevant, was a citizenofand domiciled in the CommonwealthofKentucky.

2. Defendant Dirty World Entertainment Recordings, LLC., dba thedirt.com(hereinafter ''thedirt''), at all times relevant, was a limited liability companyincorporated in the State of California with its principal office in the State ofCalifornia, and therefore is a citizen of the State ofCalifornia.

3. This court has jurisdiction of these matters under 28 U.S.C. 1332, as the amountin controversy exceeds $75,000.

4. Defendant Dirty World Entertainment Recordings, LLC., dba thedirt.com

1

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(hereinafter "thedirt"), at all times relevant, did broadcast information to persons inthe Commonwealth of Kentucky, did transact business and had sufficient minimumcontacts in the Commonwealth of Kentucky, and a substantial part of the events oromissions giving rise to the claim occurred in the Commonwealth ofKentucky, andtherefore this court is the proper venue for this action under 28 U.S.C. 1391.

BACKGROUND5. Plaintiff incorporates by reference each and every allegation contained within the

paragraphs above, and further states:

6. The Defendant on December 7, 2009 did publish an article about the Plaintiff.7. In the article the Defendant published that they are sure that the Plaintiff has

Chlamydia and Gonorrhea.8. This article is still available on the Internet at http://thedirty.coml2009/12/07/the

dirty-bengals-cheerleaderl9. The website is monitored by Hooman Karamian, under the alias Nik Richie.10. The Plaintiff is a teacher and this information is public ally accessible to any user

even those in the school she teaches.11. The article specifically mentions the name ofthe school in which the Plaintiff works.12. Nik Richie makes the comment, "Why are high school teachers freaks in the sack?"13. The Post also alleges that the Plaintiff has slept with every other Cincinnati Bengal

football player.14. The Plaintiff's employer is aware of this article.15. Others have approached the Plaintiff and asked if the information is true.

2

http://thedirty.coml2009/12/07/thehttp://thedirty.coml2009/12/07/the


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16. The Plaintiff is embarrassed and humiliated because of this publication.17. The post also includes a blog section where viewers can post responses to the post.18. Some of the Plaintif fs former students have posted to the blog.19. The Plaintiff communicated to the Defendants by email and asked them to remove

the post from their site.20. The post was not removed.

COUNT I - DEFAMATION21. Plaintiff incorporate by referenced each and every allegation made in the above

numbered paragraphs and further state:22. Defendant has intentionally and maliciously used language tending to harm the

reputation ofPlaintiff so as to lower Plaintiff in the estimation of the community orto deter third persons, specifically but not limited to other employers, fromassociating or dealing with Plaintiff.

23. Plaintiff was specifically identified in the defamatory matter promulgated by theDefendants.

24. The defamatory language was published in that Defendants intentionally ornegligently communicated such defamatory language to thirdparties not the Plaintiff,specifically, but not limited to other employers.

25. As a direct and proximate resultofDefendants , defamation ofPlaintiff, Plaintiff hassuffered an injury to their reputation and loss ofemployment opportunities, and sincethe defamatory statements of the Defendants were intentional, with malice or withreckless disregard as to whether they were false or not, the Plaintiffs are entitled to

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Case: 2:09-cv-00219-WOB-CJS Doc #: 1 Filed: 12/23/09 Page: 4 of 7 - Page 10#: 4

punitive damages in addition to the damages suffered. COUNT n -LIBEL PER SE

26. Plaintiff incorporate by reference each and every allegation made in the abovenumbered paragraphs and further state:

27. Defendant has intentionally and maliciously used language tending to harm thereputation ofPlaintiff so as to lower Plaintiff in the estimation of the community orto deter third persons, specifically but not limited to other employers, fromassociating or dealing with Plaintiff.


29. The libelous language stated as a matter of fact that the Plaintiff had sexuallytransmitted diseases, specifically Chlamydia and Gonorrhea.

30. This fact directly questions the moral turpitude of the Plaintiff.31. The libelous language was published in that Defendants intentionally or negligently

communicated such defamatory language to third parties not the Plaintiff,specifically, but not limited to other employers.

32. As a direct and proximate result ofDefendants' defamation ofPlaintiff, Plaintiffhassuffered an injury to theirreputation and loss ofemployment opportunities, and sincethe defamatory statements of the Defendants were intentional, with malice or withreckless disregard as to whether they were false or not, the Plaintiffs are entitled topunitive damages in addition to the damages suffered.

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Case: 2:09-cv-00219-W08-CJS Doc #: 1 Filed: 12/23/09 Page: 5 of 7 - Page ID#: 5

COUNT III - PUBLICITY THAT PLACES ANOTHER IN A FALSE LIGHT33. Plaintiff incorporate by reference each and every allegation made in the above

numbered paragraphs and further state:34. Defendant has intentionally and maliciously used language tending to harm the

reputation ofPlaintiff so as to lower Plaintiff in the estimationof the community orto deter third persons, specifically but not limited to other employers, fromassociating or dealing with Plaintiff.

35. Plaintiff was specifically identified in the defamatory matter promulgated by the

Defendants.36. The libelous language stated as a matter of fact that the Plaintiff had sexually

transmitted diseases, specifically Chlamydia and Gonorrhea.37. This fact directly questions the moral turpitude of the Plaintiff.38. The libelous language was published in that Defendants intentionally or negligently


39. As a direct and proximate resultofDefendants defamation ofPlaintiff, Plaintiff hassuffered an injury to their reputation and loss ofemployment opportunities, and sincethe defamatory statements of the Defendants were intentional, with malice or withreckless disregard as to whether they were false or not, the Plaintiffs are entitled topunitive damages in addition to the damages suffered.

COUNT IV - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS40. Plaintiff incorporate by reference each and every allegation made in the above

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numbered paragraphs and further state:41. Defendant action in publicizing this story was either intended by Defendant to cause

emotional distress to the Plaintiff or were such that Defendant should have knownthey would cause such emotional distress, and clearly exceeded the bounds ofcommon decency as would be observed in any civilized community.

42. Defendant's conduct toward Plaintiff was willful, wanton and malicious, and wascarried out both with a flagrant indifference to the rights of the Plaintiffs and witha subjective awareness that such conduct would result in harm, for which Defendantsare answerable in punitive damages.

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PRAYER FOR RELIEFWHEREFORE, Plaintiffdemands judgment against the Defendants on each causeofaction

together with the costs and disbursements of this action. Plaintiffs request:1. All compensatory damages;2. Punitive damages;3. All fees and costs associated with the disbursement of this action;4. Attorney fees;5. Trial by jury; and6. Any other relief the Court deems fitting and proper.

lSI Eric C DetersEric C. Deters (81812)Attorney for PlaintiffERIC C. DETERS & ASSOCIATES, P.S.C.5247 Madison PikeIndependence, KY 41051-7941859-363-1900 Fax: 859-363-1444Email: [email protected]

JURY DEMAND Plaintiffs demand a trial by jury on all triable issues.

1st Eric C DetersEric C. Deters

7

mailto:[email protected]:[email protected]


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Eric C. Deters 81812A ~ ~ ~ i O l K a n t u c k yUNITED STATES DISTRICT COURT , LEDEASTERN DISTRICT OF KENTUCKYNORTHERN DIVISION AT COVINGTON

JUl 1 0 2013JANE DOE Case No. 2:09-cv-00219-WOS ' NINGTON' ~ ; ) I j t . R T R. CARRJudge Bertelsman C L E R ~ l! S. DISTRICT COURTvs.

AMENDED COMPLAINT WITHDIRTY WORLD ENTERTAINMENT JURY DEMANDRECORDINGS LLC dbaTHEDIRT.COM4519 Los Feliz Blvd. #302Los Angeles, CA 90027

AGENT FOR SERVICEYouson-Sherief Charles4519 Los Feliz Blvd #302Los Angeles, CA 90027

andHOOMAN KARAMIAN4519 Los Feliz Blvd. #302Los Angeles, CA 90027

Comes now Plaintiff, Jane Doe and for her Complaint state as follows:JURISDICTION

1. Jane Doe, at all times relevant, was a citizen ofand domiciled in the CommonwealthofKentucky.

2. Defendant Dirty World Entertainment Recordings, LLC., dba thedirt.com (hereinafter"the dirty"), at all times relevant, was a limited liability company incorporated in theState 0 f California with its principal office in the State ofCalifornia, and therefore isa citizen of the State ofCalifornia.

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http:///reader/full/THEDIRT.COMhttp:///reader/full/thedirt.comhttp:///reader/full/THEDIRT.COMhttp:///reader/full/thedirt.com


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Case: 2:09-cv-00219-W08-CJS Doc #:3 Filed: 02105/10 Page: 2 of 8 - Page ID#: 18

3. Defendant Hooman Karamian, at all times relevant, is a citizenofthe state ofArizona,Hooman Karamian aka Nik Richie, (herinafter "Karamian") posted and maintainedposts on the website thedirt.com.

3. This court has jurisdictionofthese matters under 28 U.S.C. 1332, as the amount incontroversy exceeds $75,000.

4. Defendant thedirt, and Defendant Karamian, at all times relevant, did broadcastinformation to persons in the Commonwealth ofKentucky, did transact business andhad sufficient minimum contacts in the Commonwealth of Kentucky, and asubstantial part of the events or omissions giving rise to the claim occurred in theCommonwealth ofKentucky, and therefore this court is the proper venue for thisaction under 28 U.S.C. 1391.

BACKGROUND5. Plaintiff incorporates by reference each and every allegation contained within the

paragraphs above, and further states:6. The Defendants on December 7,2009 did publish an article about the Plaintiff.7. In the article the Defendants published that they are sure that the Plaintiff has

Chlamydia and Gonorrhea.8. This article is still available on the Internet at http://thedirty.coml2009/12/07/the-

dirty-bengals-cheer eader/.9. The Plaintiff is a teacher and this information is publically accessible to any user even

those in the school she teaches.10. The article specifically mentions the name ofthe school in which the Plaintiff works.

2

http:///reader/full/thedirt.comhttp://thedirty.coml2009/12/07/thehttp:///reader/full/thedirt.comhttp://thedirty.coml2009/12/07/the


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Case: 2:09-cv-00219-W08-CJS Doc #: 3 Filed: 02/05/10 Page: 3 of 8 - Page 10#: 19

11. Hooman Karamian as Nik Richie makes the comment, "Why are high schoo I teachersfreaks in the sack?"

12. The Post also alleges that the Plaintiff has slept with every other Cincinnati Bengalfootball player.

13. The PlaintiWs employers are aware ofthis article.14. Others have approached the Plaintiff and asked i f the information is true.15. The Plaintiff is embarrassed and humiliated because of this publication.16. The post also includes a blog section where viewers can post responses to the post.17. Some of the Plaintitrs former students have posted to the blog.18. The Plaintiff communicated to the Defendants by email and asked them to remove the

posts from their site.19. The posts were not removed.

COUNT I - DEFAMATION

20. Plaintiff incorporates by referenced each and every allegation made in the abovenumbered paragraphs and further states:

21. Defendants have intentionally and maliciously used language tending to harm thereputation ofPlaintiff so as to lower Plaintiff in the estimation of the community orto deter third persons, specifically but not limited to other employers, from associatingor dealing with Plaintiff.


23. The defamatory language was published in that Defendants intentionallyor negligently

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communicated such defamatory language to third parties not the Plaintiff, specifically,but not limited to other employers.

24. As a direct and proximate result ofDefendants' defamation ofPlaintiff, Plaintiff hassuffered an injury to reputation and loss ofemployment opportunities, and since thedefamatory statements of the Defendants were intentional, with malice or withreckless disregard as to whether they were false or not, the Plaintiff is entitled topunitive damages in addition to the damages suffered.

COUNT II - LIBEL PER SE25. Plaintiff incorporates by reference each and every allegation made in the above

numbered paragraphs and further states:26. Defendants have intentionally and maliciously used language tending to harm the

reputation ofPlaintiff so as to lower Plaintiff in the estimation of the community orto deter third persons, specifically but not limited to other employers, from associatingor dealing with Plaintiff.


28. The libelous language stated as a matter of fact that the Plaintiff had sexuallytransmitted diseases, specifically Chlamydia and Gonorrhea.


communicated such defamatory language to third parties not the Plaintiff, specifically,but not limited to other employers.

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Case: 2:09-cv-00219-W08-CJS Doc #: 3 Filed: 02/05/10 Page: 5 of 8 - Page 10#: 21

31. As a direct and proximate result ofDefendants' defamation ofPlaintiff, Plaintiffhassuffered an injury to their reputation and loss ofemployment opportunities, and sincethe defamatory statements of the Defendants were intentional, with malice or withreckless disregard as to whether they were false or not, the Plaintiffs are entitled topunitive damages in addition to the damages suffered.

COUNT III - LIBEL PER SE32. Plaintiff incorporates by reference each and every allegation made in the above

numbered paragraphs and further states:33. Defendant Hooman Karamian has intentionally and maliciously used language

tending to harm the reputation ofPlaintiff so as to lower Plaintiff in the estimationof the community or to deter third persons, specifically but not limited to otheremployers, from associating or dealing with Plaintiff.

34. Plaintiffwas specifically identified in the defamatory matter promulgated by theDefendants.

35. The libelous language falsely stated as a matter of fact that the Plaintiffhad sexwith every member of the Cincinnati Bengals professional football team.

36. This fact directly questions the moral turpitUde of the Plaintiff.37. The libelous language was published in that Defendant Karamian intentionally or

negligently communicated such defamatory language to third parties not thePlaintiff, specifically, but not limited to other employers.

38. As a direct and proximate result ofDefendant's defamation ofPlaintiff, Plaintiffhas suffered an injury to their reputation and loss of employment opportunities,

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Case: 2:09-cv-00219-W08-CJS Doc #: 3 Filed: 02/05/10 Page: 6 of 8 - Page ID#: 22

and since the defamatory statements of the Defendant were intentional, with maliceor with reckless disregard as to whether they were false or not, the Plaintiffs areentitled to punitive damages in addition to the damages suffered.

COUNT IV - PUBLICITY THAT PLACES ANOTHER IN A FALSE LIGHT39. Plaintiff incorporates by reference each and every allegation made in the above

numbered paragraphs and further states:40. Defendants have intentionally and maliciously used language tending to harm the

reputation ofPlaintiff so as to lower Plaintiff in the estimation ofthe community orto deter third persons, specifically but not limited to other employers, fromassociating or dealing with Plaintiff.


42. The libelous language stated as a matter offact that the Plaintiff had sexuallytransmitted diseases, specifically Chlamydia and Gonorrhea.



45. As a direct and proximate result ofDefendants' defamation ofPlaintiff, Plaintiffhas suffered an injury to their reputation and loss ofemployment opportunities,and since the defamatory statements of the Defendants were intentional, withmalice or with reckless disregard as to whether they were false or not, the Plaintiffs

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are entitled to punitive damages in addition to the damages suffered.COUNT V - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS46. Plaintiff incorporates by reference each and every allegation made in the above

numbered paragraphs and further states:47. .Defendants action in publicizing this story was either intended by Defendants to

cause emotional distress to the Plaintiff or were such that Defendants should haveknown they would cause such emotional distress. and clearly exceeded the boundsof common decency as would be observed in any civilized community.

48. Defendants conduct toward Plaintiff was willful. wanton and malicious. and wascarried out both with a flagrant indifference to the rights of the PlaintiffS and with asubjective awareness that such conduct would result in harm, for whichDefendants are answerable in punitive damages.

PRAYER FOR RELIEFWHEREFORE, Plaintiff demands judgment against the Defendants on each cause of

action together with the costs and disbursements of this action. Plaintiffs request:1. All compensatory damages;2. Punitive damages;3. All fees and costs associated with the disbursement of this action;4. Attorney fees;5. Trial by jury; and6. Any other reliefthe Court deems fitting and proper.

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/sl Eric C DetersEric C. Deters (81812)Attorney for PlaintiffERIC C. DETERS & ASSOCIATES, P.S.C.5247 Madison PikeIndependence, KY 41051-7941859-363-1900 Fax: 859-363-1444Email: [email protected]

JURY DEMANDPlaintiffs demand a trial by jury on all triable issues.

ls i Eric C DetersEric C. Deters

8

mailto:[email protected]:[email protected]

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