of vf] IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA. CIN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA. DIVISION cm Qoistricts Oramyy Dother CIVIL COVER SHEET CASE NUMBER 06 PLAINTIFF VS. DEFENDANT SHERRITA SMALLEY, as the natural arent and guardian of, C.S., a minor REALITY KINGS, LLC; RK NETMEDIA, INC. and C2 HOSTINGS, LLC ‘The civil cover sheet and the information contained here does not replace the filing and service of pleadings or other papers ‘as required by law. This form is required by the Clerk of Court for the purpose of reporting judicial workioad data pursuant to Florida Statute 25.075. See instructions and definitions on reverse of this form, ‘TYPE OF CASE (If the case fits more than one iype of case, select the most definitive category.) Ifthe most descriptive {abel is @ subcategory (is indented under a broader category), place an x in both the main category and subcategory boxes. ‘001- Eminent Domain 003 - Contracts and Indebtedness tO - Auto Negigence 022-- Products Latiity 023 Condominium 1D nogtigonce - other 1D 087--Business Governance 1B 088. Business Tots © Bi 009-EnvironmentaTexin Tort 1B 100. Third Party Indemrieation 1D 101 - Construction Detect Di 102-Mase Tort 1B 103- Negligent Seeuty 7 104- Nursing Home Negligence 108 - Promises Liabity - Commercial 7 108 - Promises Listy - Residential BB 107- Negligence -otner C1 Reat PropertyiMortgage Foreclosure 108 - commercial Foreclosure $0 - $50,000 D109. Commercial Foreclosure $50,001 - $249,900 1 110. commercial Foreclosure $250,000 - oF more 111. Homestead Residential Foreclosure $0 - $50,000 Ci 112- Homestead Residential Foreclosure ‘360,001 - $240,090, Ci 119- Homestead Resident Foreclosure $250,000 or ooooo 1 119- Other Real Property Actions $250,000 or Doss - walpractce - Business (095 - Wapractice - Meal To006 - Wapracie - Other professional C other o C1 120- AntirasvTrade Regulation 1221 - Business Traneactions F122- constiional Chaienge - Statute or Oxdinance 1 128-Conststonal Chatlenge- Proposed amendment 11 124- Corporate Trust 1D 125- Discrimination - Employment or Other 1D 126--tnsurence Claims C1 127--tntenecuat Property Bi i28.- Lnevstander C129. shareholder Derivative Acton 1120. secures Litigation C131 Trade Secrets 192 Trust Ligation 139 -Othor Civil Complaint 009 - Bond Estreatue ote- Repevin Does - witness Protection (D 114-Non-Homestead Residential Forectosure {1 080 - Declaratory Judgment o eee C1081 - injunctive Relief 118 - Non Homestead Resident Foredosure coeene Re $50.00" sare Coee Ste ata 116 Nom Homestead Resident Foredosue = Constuston Len Or Dares etn Fore 084 Patton fr Adversary Prony Hoang 1D 117- other Real Property Actions $0 - $50,000 11 118 - other Real Property Actions $80,001 - s249,900, Does - civ Forests 005 - Voluntary Binding Arbitration Boaz - Personal injury Protection (PIP) TRIE 06 Rev, T2108 CaS WA BATESS: Wa an RTT CTCOMPLEX BUSINESS COURT Frnie action Is appropriate for assignment to Complex Business Court as delineated and mandated by the ‘Administrative Order. Yes C1 No B REMEDIES SOUGHT (check all that apply): monetary; 11 non-monetary declaratory or injunctive relief, punitive NUMBER OF CAUSES OF ACTION: [ ] (specify) IS THIS CASE A CLASS ACTION LAWSUIT? O Yes ® No HAS NOTICE OF ANY KNOWN RELATED CASE BEEN FILED? & No 1 Yes If-Yes', ist ail related cases by name, case number, and court. 1S JURY TRIAL DEMANDED IN COMPLAINT? Yes No | CERTIFY that the information | have provided in this cover sheet is accurate to the best of my knowledge and belief Signature, Florida Bar # 0010707 (Gar ifattomey) aria. cuybsyAi esa. pfufre (type or print Mande) Date 7 7 (CERICT B6 Ra Ta ‘Cis Web adress: vr aM dade omIN THE CIRCUIT COURT OF THE 11th JUDICIAL CIRCUIT, INAND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO. J0-63738 CA06 SHERRITA SMALLEY, as the natural parent and guardian of, C.S, a minor Plaintiff, EAs, v. ut REALITY KINGS, LLC; 4 at RK NETMEDIA, INC. ; and C2 HOSTING, LLC (S83 Defendants. Rept ll” COMPLAINT Plaintiff, SHERRITA SMALLEY, as the natural parent and guardian of, C.S., a minor, by and through the undersigned counsel, files this Complaint and sues Defendants, REALITY KINGS, LLC; RK NETMEDIA, INC.; and C2 HOSTING, LLC, and alleges: 1 This is an action for damages in excess of $15,000.00 and this Court has jurisdiction pursuant to Article V, §5(b), and Florida Constitution §26.012, Florida Statutes. 2, Atal times material, Plaintiff, SHERRITA SMALLEY, was, and is, a resident of Palm Beach County, Florida, and is otherwise sui juris. 3. Atal times material, C.S., is the minor dauighter of Plaintiff, SHERRITA SMALLEY. 4, Atall times material, Defendant, REALITY KINGS, LLC, was, and is, a Florida limited liability company with business offices in Miami-Dade County at 10840 S.W.113” Place, Miami, Florida 33176. 5. Atall times material, Defendant, C2 HOSTING, LLC, was, and is, a Florida limited liability company with business offices in Miami-Dade County at 10840 S.W. 113 Place, Miami, Florida 33176. 6. Atalltimes material, Defendant, RK NETMEDIA, INC., was, andis, a Florida corporation with business offices in Miami Dade County at 705 Washington Avenue, Miami Beach, Florida 33139. 7. Atall times material, Defendants, REALITY KINGS, LLC; RK NETMEDIA, INC., and C2 HOSTING, LLC, were engaged in the business of creating, promoting and/or disseminating sexually explicit media, including video and sill pictures, via multiple subscription based internet websites. 8. Atall times material, Defendants, REALITY KINGS, LLC; RK NETMEDIA, INC., and C2 HOSTING, LLC, as creators, promoters and/or distributors of sexually explicit media, had an obligation to comply with state and federal laws prohibiting the creation, Possession, promotion and dissemination of sexually explicit media portraying individuals under the age of 18 years of age. 9. On or about August 13, 2010, Defendants, by through its agents and/or employees, produced a sexually explicit video which portrayed the minor Plaintiff, C.S., under a stage name of Sweet Bieyanka, nude and engaging in acts of intercourse with actors, 10. Atthe time the video was filmed, the minor Plaintiff, C.S., was 15 years old. 11. _ In September, 2010, Defendants marketed and disseminated a sexually explicit video of the minor Plaintiff, C.S., via the internet, under the title “C* Fiesta" via multiple subscription based internet websites. 212. Florida Statute §847.012 (2010) protects minors from sexually explicit media by prohibiting the sale of any such media to a minor, and, further, Prohibiting the use of minors in the production of sexually explicit media regardless of the intention to distribute such media, 13. Specifically, Florida Statute §847.012 (2010), states in pertinent part: (9) A person may not knowingly sell, rent, orloan formonetary consideration to a minor: (2) Any picture, photograph, drawing, sculpture, motion picture film, videocassette, or similar visual representation or image of @ person or portion of the human body which depicts nudity or sexual conduct, sexual excitement, sexual battery, bestiality, or sadomasochistic abuse and which is harmful to minors... . (4) A person may not knowingly use a minor in the production of any material described in subsection (3), regardless of whether the material is intended for distribution to minors or is actually distributed to minors. (Emphasis added). 14, Defendants, REALITY KINGS, LLC; RK NETMEDIA, INC.; and C2 HOSTING, LLC, knowingly used the minor Plaintif,.S., in the production of video media 8 prohibited by Florida Statute §847.012 (4) 18. Florida Statute §847.01367 (2010) authorizes a civil action for recovery of damages on behalf of victims who have been exploited pursuant to Florida Statute §847.012 (2010), and states in pertinent part:16. Plaintiff re-alleges and re-avers those allegations in paragraphs 1-16 above, (1) Any person who, while under the age of 18, was a victim of slr Portion of such abuse was used in the production of child Pornography, and who suffers personal or psychological injury 88 2 result of the production, promotion, or possession of such ‘mages or movies, may bring an action in an appropriate state Court against the producer, promoter, or possessor of such mages or movies, regardless of whether the victim is now an adult. In any action brought under this section, a prevailing laintif, shall recover the actual damages such person Sustained and the cost of the suit, including reasonable attomey’s fees. Any victim who is awarded damages under this section shal be deeined to have sustained damages of at least $150,000. Further, Florida Statute §847.012 (2) (2010) states: A person's ignorance of a minor's age, a minor's Imisrepresentation of his or her age, a bona fide belief of a minor's age, or a minor's consent may not be raised as a defense in @ prosecution for a violation of this section. COUNT! STATUTORY CLAIM PURSUANT TO. FLORIDA STATUTE ‘§847.01357 AGAINST DEFENDANT, REALITY KINGS, LLC as if fully stated herein, and further alleges: