Jury Questions

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Case: 2:09-cv-00219-WOB-CJS Doc #: 206 Filed: 07/10/13 Page: 1 of 25 - Page ID#:
3091
Eut8l'l1 D18triot of Xttntuck;y
, I LID
JUL 10 2013
AT COVINGTON
ROBERTR,CARR
CLERK U,S, DISTRICT COURT
3092

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AT COVINGTON
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3096
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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 81812
Attorney for Plaintiff
UNITED STATES DISTRICT COURT
~ D1atriot Oflentuoq
EASTERN DISTRICT OF KENTUCKY
, I LID
NORTHERN DIVISION AT COVINGTON
JANE DOE
vs.
DIRTY WORLD ENTERTAINMENT
RECORDINGS LLC dba
THEDIRT.COM
4519 Los Feliz Blvd. #302
Los Angeles, CA 90027
AGENT FOR SERVICE
Y ouson-Sherief Charles
4519 Los Feliz Blvd #302
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 Commonwealth
of Kentucky.
2. Defendant Dirty World Entertainment Recordings, LLC., dba thedirt.com
(hereinafter ''thedirt''), at all times relevant, was a limited liability company
incorporated in the State of California with its principal office in the State of
California, and therefore is a citizen ofthe State of California.
3. This court has jurisdiction of these matters under 28 U.S.C. 1332, as the amount
in controversy exceeds $75,000.
4. Defendant Dirty World Entertainment Recordings, LLC., dba thedirt.com
1
3101
(hereinafter "thedirt"), at all times relevant, did broadcast information to persons in
the Commonwealth of Kentucky, did transact business and had sufficient minimum
contacts in the Commonwealth of Kentucky, and a substantial part of the events or
omissions giving rise to the claim occurred in the Commonwealth ofKentucky, and
therefore this court is the proper venue for this action under 28 U.S.C. 1391.
BACKGROUND
5. 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-cheerleaderl
9. 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 ofthis article.
15. Others have approached the Plaintiff and asked if the information is true.
2
3102
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 Plaintiffs 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 - DEFAMATION
21. 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 or
to deter third persons, specifically but not limited to other employers, from
associating or dealing with Plaintiff.
23. Plaintiff was specifically identified in the defamatory matter promulgated by the
Defendants.
24. The defamatory language was published in that Defendants intentionally or
negligently communicated such defamatory language to thirdparties not the Plaintiff,
specifically, but not limited to other employers.
25. As a direct and proximate result ofDefendants , defamation ofPlaintiff, Plaintiff has
suffered an injury to their reputation and loss ofemployment opportunities, and since
the defamatory statements of the Defendants were intentional, with malice or with
reckless disregard as to whether they were false or not, the Plaintiffs are entitled to
3
3103
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 above
reputation ofPlaintiff so as to lower Plaintiff in the estimation of the community or
Defendants.
29. The libelous language stated as a matter of fact that the Plaintiff had sexually
transmitted 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,
32. As a direct and proximate result ofDefendants' defamation ofPlaintiff, Plaintiffhas
suffered an injury to theirreputation and loss ofemployment opportunities, and since
4
3104
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 LIGHT
reputation ofPlaintiff so as to lower Plaintiff in the estimation ofthe community or
Defendants.
37. This fact directly questions the moral turpitude of the Plaintiff.
39. As a direct and proximate result ofDefendants ' defamation ofPlaintiff, Plaintiff has
COUNT IV - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
5
3105
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 known
they would cause such emotional distress, and clearly exceeded the bounds of
common decency as would be observed in any civilized community.
42. Defendant's conduct toward Plaintiff was willful, wanton and malicious, and was
carried out both with a flagrant indifference to the rights of the Plaintiffs and with
a subjective awareness that such conduct would result in harm, for which Defendants
are answerable in punitive damages.
6
3106
PRAYER FOR RELIEF
WHEREFORE, Plaintiff demands judgment against the Defendants on each cause ofaction
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; and
6. Any other relief the Court deems fitting and proper.
lSI Eric C Deters
Eric C. Deters (81812)
ERIC C. DETERS & ASSOCIATES, P.S.C.
5247 Madison Pike
Independence, KY 41051-7941
859-363-1900 Fax: 859-363-1444
Email: eric@ericdeters.com
JURY DEMAND
Plaintiffs demand a trial by jury on all triable issues.
1st Eric C Deters
Eric C. Deters
7
3107
i.
Eric C. Deters 81812

UNITED STATES DISTRICT COURT
, LED
EASTERN DISTRICT OF KENTUCKY
NORTHERN DIVISION AT COVINGTON
JUl 1 0 2013
JANE DOE
Case No. 2:09-cv-00219-WOS' NINGTON
R. CARR
Judge Bertelsman l! S. DISTRICT COURT
vs.
AMENDED COMPLAINT WITH
DIRTY WORLD ENTERTAINMENT
JURY DEMAND
RECORDINGS LLC dba
THEDIRT.COM
AGENT FOR SERVICE
Y ouson-Sherief Charles
4519 Los Feliz Blvd #302
and
HOOMAN KARAMIAN
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 Commonwealth
of Kentucky.
2. Defendant Dirty World Entertainment Recordings, LLC., dba thedirt.com (hereinafter
"the dirty"), at all times relevant, was a limited liability company incorporated in the
State 0 f California with its principal office in the State of California, and therefore is
a citizen ofthe State ofCalifornia.
1
3108
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 citizen ofthe state ofArizona,
Hooman Karamian aka Nik Richie, (herinafter "Karamian") posted and maintained
posts on the website thedirt.com.
3. This court has jurisdiction ofthese matters under 28 U.S.C. 1332, as the amount in
controversy exceeds $75,000.
4. Defendant thedirt, and Defendant Karamian, at all times relevant, did broadcast
information to persons in the Commonwealth ofKentucky, did transact business and
had sufficient minimum contacts in the Commonwealth of Kentucky, and a
substantial part of the events or omissions giving rise to the claim occurred in the
Commonwealth of Kentucky, and therefore this court is the proper venue for this
action under 28 U.S.C. 1391.
BACKGROUND
5. 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 leader/.
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
3109
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 teachers
freaks in the sack?"
12. The Post also alleges that the Plaintiff has slept with every other Cincinnati Bengal
football player.
13. The PlaintiWs employers are aware ofthis article.
14. Others have approached the Plaintiff and asked ifthe 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 above
numbered paragraphs and further states:
21. Defendants have intentionally and maliciously used language tending to harm the
reputation of Plaintiff so as to lower Plaintiff in the estimation of the community or
to deter third persons, specifically but not limited to other employers, from associating
or dealing with Plaintiff.
Defendants.
23. The defamatory language was published in that Defendants intentionally or negligently
3
3110
communicated such defamatory language to third parties not the Plaintiff, specifically,
but not limited to other employers.
24. As a direct and proximate result of Defendants' defamation ofPlaintiff, Plaintiff has
suffered an injury to reputation and loss ofemployment opportunities, and since the
defamatory statements of the Defendants were intentional, with malice or with
reckless disregard as to whether they were false or not, the Plaintiff is entitled to
COUNT II - LIBEL PER SE
25. Plaintiff incorporates by reference each and every allegation made in the above
reputation of Plaintiff so as to lower Plaintiff in the estimation of the community or
to deter third persons, specifically but not limited to other employers, from associating
or dealing with Plaintiff.
Defendants.
29. This fact directly questions the moral turpitude ofthe Plaintiff.
communicated such defamatory language to third parties not the Plaintiff, specifically,
but not limited to other employers.
4
3111
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 of Defendants' defamation ofPlaintiff, Plaintiffhas
COUNT III - LIBEL PER SE
33. Defendant Hooman Karamian has intentionally and maliciously used language
tending to harm the reputation of Plaintiff so as to lower Plaintiff in the estimation
of the community or to deter third persons, specifically but not limited to other
employers, from associating or dealing with Plaintiff.
34. Plaintiffwas specifically identified in the defamatory matter promulgated by the
Defendants.
35. The libelous language falsely stated as a matter of fact that the Plaintiffhad sex
with every member ofthe 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 the
Plaintiff, specifically, but not limited to other employers.
38. As a direct and proximate result ofDefendant's defamation ofPlaintiff, Plaintiff
has suffered an injury to their reputation and loss of employment opportunities,
5
3112
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 ofthe Defendant were intentional, with malice
or with reckless disregard as to whether they were false or not, the Plaintiffs are
entitled to punitive damages in addition to the damages suffered.
COUNT IV - PUBLICITY THAT PLACES ANOTHER IN A FALSE LIGHT
reputation ofPlaintiff so as to lower Plaintiff in the estimation ofthe community or
Defendants.
42. The libelous language stated as a matter offact that the Plaintiff had sexually
43. This fact directly questions the moral turpitude ofthe Plaintiff.
45. As a direct and proximate result of Defendants' defamation of Plaintiff, Plaintiff
has suffered an injury to their reputation and loss ofemployment opportunities,
and since the defamatory statements ofthe Defendants were intentional, with
malice or with reckless disregard as to whether they were false or not, the Plaintiffs
6
3113
are entitled to punitive damages in addition to the damages suffered.
COUNT V - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
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 have
known they would cause such emotional distress. and clearly exceeded the bounds
of common decency as would be observed in any civilized community.
48. Defendants conduct toward Plaintiff was willful. wanton and malicious. and was
carried out both with a flagrant indifference to the rights of the PlaintiffS and with a
subjective awareness that such conduct would result in harm, for which
Defendants are answerable in punitive damages.
PRAYER FOR RELIEF
WHEREFORE, 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 ofthis action;
4. Attorney fees;
5. Trial by jury; and
6. Any other reliefthe Court deems fitting and proper.
7
3114
/sl Eric C Deters
Eric C. Deters (81812)
ERIC C. DETERS & ASSOCIATES, P.S.C.
5247 Madison Pike
Independence, KY 41051-7941
859-363-1900 Fax: 859-363-1444
Email: eric@ericdeters.com
JURY DEMAND
Plaintiffs demand a trial by jury on all triable issues.
lsi Eric C Deters
Eric C. Deters
8
3115

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