Filing # 58479419 E-Filed 06/30/2017 09:59:40 AM

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT

IN AND FOR ORANGE COUNTY, FLORIDA

JAH E. REID,
CASE NO.: 2017-CA-004383-O
Plaintiff, DIVISION: 34

v.

UCF ATHLETICS ASSOCIATION, INC.,

a Florida corporation, and
RISE AND CONQUER, LLC,

Defendants.
______________________________________/

DEFENDANT, RISE AND CONQUER, LLCS, ANSWER

AND AFFIRMATIVE DEFENSES TO PLAINTIFFS COMPLAINT

The defendant, Rise and Conquer, LLC (R&C), by and through the undersigned

counsel, answers the allegations in the plaintiffs, Jah E. Reid, Complaint in the correspondingly-

numbered paragraphs below.

OVERVIEW

1. This is a claim, under Florida Statute 540.08, by Mr. Reid against UCF and R&C

for their extensive, unauthorized publication of Mr. Reid's name and likeness with the explicit

purpose of benefitting off of Mr. Reid's notoriety in connection with 2016 Rise & Conquer

Football Camps (hereinafter "Football Camp") without compensating Mr. Reid for same.

ANSWER: Admitted that this is a claim under 540.08, Florida Statutes. Otherwise,

denied.

PARTIES, VENUE AND JURISDICTION

2. Plaintiff, Jah E. Reid, was a resident of Kansas City, Missouri, at the time of the

complained offenses, is a successful and recognizable National Football League player currently

employed and playing with jersey #75 with the Kansas City Chiefs. In 2011, the Baltimore
Ravens drafted and employed Mr. Reid through the 2014 NFL season. On February 3, 2013, Mr.

Reid won Championship (XL VII) with the Baltimore Ravens. Mr. Reid has been employed by

the Kansas City Chiefs since the 2015 NFL season. Mr. Reid's physical stature (6 feet 7 inches

tall and 3 25 pounds, has made him a media and fan favorite for many years.

ANSWER: Admitted that Mr. Reid is a National Football League player with Jersey

number 75, and that he has played for the Ravens and the Chiefs. Otherwise, without

knowledge.

3. Defendant UCF ATHLETICS ASSOCIATION, INC. is an American

metropolitan public research university in Orlando, Florida. It is the largest university in the

United States by undergraduate enrollment, as well as the largest by total enrollment. UCF

features a large variety of intercollegiate athletics teams, including American football, known as

the UCF Knights. The UCF Knights compete in Division I of the National Collegiate Athletic

Association (NCAA), and the American Athletic Conference. The UCF Knights football

program are currently led by Scott Frost, who was hired in late 2015. At all times relevant hereto,

Defendant, UCF was incorporated under the laws of Florida.

ANSWER: Denied that the UCF AA is a university. Admitted that the University of

Central Florida has a division one football team known as the Knights and that the coach is

Scott Frost.

4. Defendant R&C is a Limited Liability Company at [sic] Orlando, incorporated

and registered in the State of Florida. Defendant R&C is an event company providing

recreational sports camp and camps for at-risk and medically-afflicted children. It organizes the

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"Rise and Conquer Football Camps" on behalf of and at the direction of Defendant UCF. At all

times relevant hereto, Defendant R&C was incorporated under the laws of Florida.

ANSWER: R&C admits that it is a limited liability company organized under the

laws of Florida, and that it offers sport camps for young people from all backgrounds.

RC& denies that it organizes football camps on behalf of or at the direction of the UCF AA.

R&C otherwise denies the allegations.

5. The Court has jurisdiction over Defendants, who market, promote and advertise

their football camps in this district, and because Defendants directed their wrongful actions and

have caused damage to Plaintiff, here in the State of Florida.

ANSWER: Admitted that the Court has jurisdiction over R&C. Otherwise, denied.

6. Venue is proper in this district pursuant to Florida Statute 47.011 in as much as

the events giving rise to the claims for relief occurred in this judicial district. Defendants

exploited Mr. Reid's name and likeness in this district throughout the marketing, promotion, and

advertising of their football camps in this district. They specifically targeted individuals in this

district to attend and pay for the football camps.

ANSWER: Admitted that venue is proper. Otherwise, denied.

GENERAL ALLEGATIONS

7. Plaintiff Mr. Reid is from Kissimmee, Florida, and went to high school at Haines

City in Florida. While attending Haines City High School, Mr. Reid was a standout football

letterman. He was offered and accepted a scholarship to play American football at UCF. Mr.

Reid attended UCF and competed on the football team from 2006 to 2010. During his senior

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season in 2010, Mr. Reid was an All-Conference USA First Team performer and started in all

fourteen (14) games that season.

ANSWER: Without knowledge.

8. There was never a relationship between Mr. Reid and UCF or R&C for

endorsement agreements or the use of Mr. Reid's image, name and/or likeness in perpetuity. Mr.

Reid was not able to accept any endorsement agreements as an amateur athlete. Mr. Reid never

permitted UCF or R&C to use his image, name and likeness.

ANSWER: R&C admits the allegations directed at it. It is without knowledge as to

the allegations against the UCF AA.

9. Mr. Reid signed with an agent at the end of the 2010 collegiate season and was

drafted by the Baltimore Ravens in the third round of the 2011 NFL Draft. Since that date, Mr.

Reid was employed as a professional American football player.

ANSWER: Without knowledge.

10. Since at least the Spring of 2016, UCF and R&C have significantly profited off

the unconsented use of Mr. Reid's name, likeness and image and the Defendants have used Mr.

Reid's name, likeness and image for the purpose of advertising and other commercial purposes in

violation of applicable law.

ANSWER: Denied. Moreover, the UCF AA has never used Mr. Reids name,

likeness, or image for any purpose.

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 11. Specifically, in the Spring of 2016, UCF and R&C featured, published and

advertised Mr. Reid's name, image and likeness for its "Rise and Conquer, Football Camp" by

prominently bearing three images of Mr. Reid playing football, including one image of him

playing football in the National Football League for his current team, the Kansas City Chiefs.

The advertisement has UCF's logo on it, along with various dates offering the general public to

attend the Rise and Conquer Football Camp: June 4th, June 10th, June 11th, June 16th-June 18th.

The advertisement blatantly encourages the public by exclaiming: "come to camp and have the

chance to earn an offer like Jah Reid." The image below is one example of how UCF and

R&C published, printed, displayed and/or otherwise publicly used Mr. Reid's name, image and

likeness in promoting the commercialized football camps to potential participants.

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 ANSWER: Admitted to the extent the image speaks for itself, and that R&C

published the image once, on Twitter, and deleted the Twitter post as soon as Mr. Reid

alerted it of his objection. Otherwise, denied.

12. Upon becoming aware of Defendants' exploitation of Mr. Reid's name, image and

likeness in advertising and on promotional material of the football camp without his permission

or compensation for same, Mr. Reid, through his attorney Darren A. Heitner reached out to UCF

and R&C for an explanation.

ANSWER: R&C admits that it was contacted by an attorney with a demand. R&C

is without knowledge as to the allegations against the UCF AA.

13. Defendant UCF has denied the allegations contained within this Complaint.

Defendant R&C has not responded to a letter detailing the violations complained of in this

Complaint. Moreover, Mr. Reid has never been compensated by UCF or R&C for the extensive

use of his name, image and likeness since Spring of 2016. There is no agreement that would

grant UCF and R&C permission to use Mr. Reid's name, image and likeness, yet Defendants

continue to profit from the misappropriation of Mr. Reid's name, image, and likeness.

ANSWER: Admitted that R&C has not had any communication with the plaintiffs

counsel related to a letter detailing the allegations in this Complaint. R&C denies that it

has profited from Mr. Reids name, image, or likeness. Otherwise, without knowledge.

14. Mr. Reid does not wish to be damaged based on UCF's and R&C's lack of

organization and respect for his publicity rights.

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 ANSWER: Without knowledge.

15. Mr. Reid has fulfilled all conditions precedent prior to filing this suit.

ANSWER: R&C denies the allegation. The plaintiff failed to provide timely or

proper notice to the UCF AA. The plaintiff also failed to comply with section 768.72,

Florida Statutes.

16. Mr. Reid has retained the undersigned Law Firm and has agreed to pay said firm a

reasonable fee for its services in this matter.

ANSWER: Without knowledge.

VIOLATION OF F.S. 540.08

Plaintiff re-adopts and re-alleges the allegations of paragraphs 1-16 above as if fully

stated herein and further alleges:

ANSWER: R&C reasserts its responses set forth above.

17. The acts of UCF and R&C to intentionally use Mr. Reid's name, image and

likeness in commerce for advertising purposes is a violation of 540.08, Florida Statutes.

ANSWER: The allegation in paragraph 17 is a legal conclusion, not an allegation of

fact, and thus no response is required. To the extent a response is required, R&C denies

that the UCF AA used the plaintiffs name, image, or likeness. Otherwise, without

knowledge.

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 18. At no time did Mr. Reid give permission to UCF and R&C to use Mr. Reid's

name, image or likeness.

ANSWER: R&C admits that the plaintiff did not give it permission to use his name,

image, or likeness. Otherwise, without knowledge.

19. The use by UCF and R&C of Mr. Reid's name, image and likeness was not part of

a bona fide news report, nor did it have a legitimate public interest, but rather, was part of a

calculated, designed advertising and promotional campaign to use and exploit Mr. Reid's name,

image and likeness to promote the joint venture of UCF and R&C for the provision of football

camps.

ANSWER: Denied.

GENERAL DENIAL

20. All allegations not specifically admitted are denied.

AFFIRMATIVE DEFENSES

First Affirmative Defense

21. As its First Affirmative Defense, R&C states that the plaintiffs damages are

subject to setoff to the extent he settles with, obtains judgment against, receives payment from

any party or non-party, or otherwise receives payment for the same damages sought here.

Second Affirmative Defense

22. As its Second Affirmative Defense, R&C states that the plaintiffs damages are

barred to the extent they are speculative, excessive, remote, uncertain, not reasonably

ascertainable, unforeseeable, or constitute a penalty.

Third Affirmative Defense

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 23. As its Third Affirmative Defense, R&C states that there is no basis for the

recovery of punitive damages here. Section 768.72, Florida Statutes, requires a reasonable

showing by evidence in the record or proffered by the claimant which would provide a

reasonable basis for recovery of such damages. There has been no such evidence proffered here.

WHEREFORE, the defendant, Rise and Conquer, LLC, demands judgment in its favor

and against the plaintiff, Jah E. Reid, and for such additional relief as the circumstances warrant.

Dated: June 30, 2017.

/s/ Michael D. Crosbie

MICHAEL D. CROSBIE, ESQ.
Florida Bar No. 72575
mcrosbie@shutts.com
NICOLE L. BALLANTE, ESQ.
Florida Bar No. 125356
nballante@shutts.com
SHUTTS & BOWEN LLP
300 S. Orange Ave., Suite 1000
Orlando, Florida 32801
Telephone: 407-835-6796
Fax: 407-849-7275
Attorneys for Defendant, Rise and Conquer, LLC

CERTIFICATE OF SERVICE

I certify that on June 30, 2017, the foregoing was filed with the Clerk by using the ePortal

system, which will electronically serve copies to all counsel of record.

/s/ Michael D. Crosbie

Michael D. Crosbie, Esq.

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ORLDOCS 15478196 1 46405.0001