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State of New York Supreme Court : County of Erie ______ STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE ________________________________________ JACLYN S., ALYSSA U., MARIA P., SUMMONS SERVED MELISSA M., and WITH COMPLAINT GINA B. Index No. c/o Dolce Panepinto, P.C. 1600 Main Place Tower 350 Main Street Buffalo, New York 14202 Plaintiffs, v. BUFFALO BILLS, INC. One Bills Drive Orchard Park, New York 14127 CITADEL COMMUNICATIONS COMPANY, LTD 951 Whitehaven Road Grand Island, New York 14072 STEJON PRODUCTIONS CORPORATION 23 Ashley Drive West Seneca, New York 14224 Defendants. ________________________________________ TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in this action, and to serve a copy of your Answer or, if the Complaint is not served with a Summons, to serve a Notice of Appearance on the Plaintiff’s attorney(s) withing twenty (20) days of this Summons exclusive of the day of service, or within thirty (30) days after completion of service where service is made in any other manner than by personal delivery within the State. In case of your failure to appear or answer, judgment may be taken against you by default for the relief demanded in the Complaint. Erie County is designated as the place of trial on the basis of the residence of the plaintiffs. DATED: Buffalo, New York April 22, 2014 ____________________________________ By: Sean E. Cooney, Esq. Frank J. Dolce, Esq. Marc C. Panepinto, Esq. DOLCE PANEPINTO, P.C. Attorneys for Plaintiffs 1600 Main Place Tower 350 Main Street Buffalo, NY 14202 (716) 852-1888 2 STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE __________________________________________ JACLYN S., ALYSSA U., MARIA P., MELISSA M., and COMPLAINT GINA B., Index No. Plaintiffs, v. BUFFALO BILLS, INC., CITADEL COMMUNICATIONS COMPANY, LTD., and STEJON PRODUCTIONS CORPORATION, Defendants. ________________________________________ Plaintiffs, by their attorneys, Dolce Panepinto, P.C., as and for their Complaint against defendants herein, alleges: 1. Plaintiffs full names and addresses have been withheld from this Complaint in accordance with defendants’ policy of concealing their employees’ identities for the purpose of protecting their health and safety, and the recognized common law principle that plaintiffs may be permitted to proceed anonymously where identification poses a risk of retaliatory physical or mental harm. See Deer Consumer Prods., Inc. v. Little, 35 Misc.3d 374, 389 (N.Y. Sup. Ct. 2012). 2. By virtue of the application of one or more exemptions listed in §1602 of the CPLR, the limitations on liability imposed by that Article do not apply to the causes of action set forth herein. 3 PARTIES & JURISDICTION 3. At all times hereinafter mentioned, plaintiff JACLYN S. was and still is a resident of the County of Erie and the State of New York. 4. At all times hereinafter mentioned, plaintiff ALYSSA U. was and still is a resident of the County of Erie and the State of New York. 5. At all times hereinafter mentioned, plaintiff MARIA P. was and still is a resident of the County of Erie and the State of New York. 6. At all times hereinafter mentioned, plaintiff MELISSA M. was and still is a resident of the County of Niagara and the State of New York. 7. At all times hereinafter mentioned, plaintiff GINA B. was and still is a resident of the County of Erie and the State of New York. 8. Plaintiff Jaclyn S. was employed as a Buffalo Bills cheerleader for defendants Buffalo Bills, Inc. and Citadel Communications Company, Ltd. during the 2010-2011 National Football League season. Plaintiff Jaclyn S. was employed as a Buffalo Bills cheerleader for defendants Buffalo Bills, Inc. and Stejon Productions Corporation during 2011-2012 and 2012-2013 National Football League seasons. 9. Plaintiff Alyssa U. was employed as a Buffalo Bills cheerleader for defendants Buffalo Bills, Inc. and Stejon Productions Corporation during 2012-2013 National Football League season. 10. Plaintiff Maria P. was employed as a Buffalo Bills cheerleader for defendants Buffalo Bills, Inc. and Stejon Productions Corporation during 2012-2013 National Football League season. 4 11. Plaintiff Melissa M. was employed as a Buffalo Bills cheerleader for defendants Buffalo Bills, Inc. and Stejon Productions Corporation during the 2013-2014 National Football League season. 12. Plaintiff Gina B. was employed as a Buffalo Bills cheerleader for defendants Buffalo Bills, Inc. and Citadel Communications Company, LTD. during the 2010-2011 National Football League season. Plaintiff Gina B. was employed as a Buffalo Bills cheerleader for defendants Buffalo Bills, Inc. and Stejon Productions Corporation during the 2011-2012 and 2012-2013 National Football League seasons. 13. Plaintiffs are all former members of the Buffalo Bills cheerleading squad, known as the Buffalo Jills. (hereinafter “Jills”) 14. Upon information and belief, at all times hereinafter mentioned, defendant BUFFALO BILLS, INC. is and was a domestic business corporation doing business in the State of New York, and having a principal place of business located at One Bills Drive, Orchard Park, New York 14127. 15. At all times herein alleged, defendant Buffalo Bills, Inc. (hereinafter “Bills”), owned and controlled the Buffalo Bills, a highly profitable professional football franchise in the National Football League. According to Forbes Magazine, the Buffalo Bills franchise is valued at approximately $870 million, and generates $256 million in annual revenue. Upon information and belief, the Bills highest paid player, defensive end Mario Williams, gets paid a salary of approximately $16 million per season. 16. The Buffalo Bills have had cheerleaders since the team was organized in 1960. In 1986, the Bills released management of the Jills to a private entity, local fast food chain Mighty Taco. Since then, a series of other private entities have managed the Jills, including Bradford Travel, 5 Salvatore’s Restaurant, and defendants Citadel Communications Company, Ltd. and Stejon Productions Corporation. 17. The Buffalo Bills were and are the main beneficiary of the Jills’ work, in that the team’s reputation was and is enhanced by the Jills’ gameday performances and by their work in the community. The Jills were and are bound by the Buffalo Bills Codes of Conduct and general standards. Furthermore, upon information and belief, the Bills’ organization worked closely with defendants Citadel Communications and Stejon Productions in the management of the Jills’ day-to- day activities. Lastly, the Bills were the actual owner of the Jills. 18. Upon information and belief, at all times hereinafter mentioned, defendant CITADEL COMMUNICATIONS COMPANY, LTD. (hereinafter “Citadel”), is and was a foreign limited partnership doing business in the State of New York, and having a principal place of business located at 951 Whitehaven Road, Grand Island, New York 14072. 19. At all times relevant, defendant Citadel owned and operated WGRF Buffalo, a radio station commonly referred to as “97 Rock.” From 1999 to 2011, 97 Rock was the “official flagship station of the Buffalo Bills Radio Network.” During this time, 97 Rock’s on-air programming included broadcasts of Buffalo Bills’ football games. 20. Prior to 2011, and at all times herein alleged, along with defendant Buffalo Bills, defendant Citadel, owned, operated and controlled the Buffalo Jills cheerleading squad, including employing the Jills. Citadel was and is a for-profit entity that drew substantial revenues from the Jills’ work. 21. Upon information and belief, defendant STEJON PRODUCTIONS CORPORATION (hereinafter “Stejon”) is and was a domestic business corporation with a principal place of business located at 23 Ashley Drive, West Seneca, New York 14224. 6 22. Upon information and belief, defendant Citadel transferred ownership and control of the Buffalo Jills to defendant Stejon in or around 2011. Along with defendant Buffalo Bills, defendant Stejon remains the controlling owner and operator of the Jills throughout the present day, including employing the Jills. Defendant Stejon is a for-profit entity that actively manages the Jills, and profits substantially from the Jills’ work. 23. Although defendant Buffalo Bills, Inc. began leasing out the Jills in 1986, the football franchise still plays a very strong role in managing and controlling the Jills’ activities. The Jills Handbook makes clear that the Jills abide by defendant Buffalo Bills’ codes of conduct and general standards, and that the Bills were and are, at all times herein alleged, actively involved in the Jill’s plans, ideas, programs and sponsorships. In addition, the Bills provided the Jills with game day tickets, and access to facilities for Jills activities, including cheerleading practice and the “Junior Jills” program. Indeed, defendant Stejon repeatedly refers to the Bills as owning the Jills over the last three years. INTRODUCTION 24. Defendants Buffalo Bills, Inc. (“Bills”), Citadel Communications Company, Ltd. (“Citadel”), and Stejon Productions Corporation (“Stejon”), in flagrant violation of numerous laws of the State of New York, exploited plaintiffs, who worked for them as members of the Bills’ cheerleading squad, by failing to pay them for all hours they worked each season. The Bills, Citadel and Stejon also failed to reimburse the Jills for certain business expenses, failed to pay them in a timely manner, took unlawful deductions and kick-backs from the Jills wages, unlawfully took gratuities paid to the Jills, failed to adhere to the notice and record keeping requirements of the Wage Theft Prevention
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