Corporation Corporation Service Company Wilmington, DE 19808
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Case 1:19-cv-00618-UNA Document 1 Filed 04/02/19 Page 1 of 25 PagelD #: 1 IN THE UNITED STATES DISTRICT COURT 1 9 - 6 i 8 FOR THE DISTRICT OF DELAWARE LAURA WILLIS LUHN, An individual Los Angeles, CA Plaintiff, CIVIL ACTION COMPLAINT v. FOR VIOLATIONS OF THE SHOWTIME NETWORKS, INC., A Delaware LANHAM ACT AND OTHER Corporation CAUSES OF ACTION Registered Agent Listed As: Corporation Service Company JURY TRIAL DEMANDED 251 Little Falls Drive Wilmington, DE 19808 and BLUMHOUSE PRODUCTIONS, LLC, A Delaware Limited Liability Company Listed As: Registered Agent - Corporation Service Company 251 Little Falls Drive • Wilmington, DE 19808 - and ro GABRIEL SHERMAN, An individual 3537 78th St. #41 Jackson Heights, NY 11372 Defendants. VERIFIED COMPLAINT FOR VIOLATIONS OF THE LANHAM ACT AND OTHER CAUSES OF ACTION I. INTRODUCTION Plaintiff Laura Willis Luhn, former Senior Director of Corporate and Special Events, former Director of Booking and Associate Producer for Fox News, ("Plaintiffor "Plaintiff Luhn"), by counsel, sues Defendants Showtime Networks, Inc. ("Showtimc"), Blurnhouse Productions, LLC dba Blumhouse Television (Blumhouse"), and Gabriel Sherman ("Sherman') acting at all material times in concert, jointly and severally, in this civil action for violations of the Lanham Act, 15 U.S.C. §§ 1051 et seq., negligence, and unjust enrichment as a result of 1 Case 1:19-cv-00618-UNA Document 1 Filed 04/02/19 Page 2 of 25 PagelD #: 2 damages, and Defendants, each and every one of them, causing actual damages, compensatory and an of continuing giving rise to punitive, treble darnages and award attorneys fees, including and livelihood. As aggravated harm to Plaintiff s professional, business and personal reputation grounds therefore, Plaintiff alleges as follows: II. JURISDICTION AND VENUE 15 U.S.C. 1051 et seq., 1. This is an action for violations of the Lanham Act, §§ negligence and unjust enrichment. over Plaintiff s claims to 28 2. This Court has subject matter jurisdiction pursuant a arises under the federal Lanham U.S.C. § 1331 (federal question) in that this is dispute that matter pursuant to 28 Act, 15 U.S.C. §§ 1051 et seq. The Court also has subject jurisdiction s claims. U.S.C. § 1367 (supplemental jurisdiction) for Plaintiff additional Showtime because Showtime 3. This Court has personal jurisdiction over Defendant the laws of Delaware and therefore is subject to this Court's is a corporation organized under and a of the allegd personal jurisdiction because it resides in this judicial district large portion acts arose in this district. Showtime because it has 4. This Court also has personal jurisdiction over Defendant but not maintained continuous and systematic contacts with the State of Delaware, including to other marketing, limited to, purposefully availing itself this forum by, among things, making, or others to offer to sell, or sell products shipping, using, offering to sell or selling, causing use, from such activities. and services in the State of Delaware, and deriving substantial revenue Blumhouse because 5. This Court has personal jurisdiction over Defendant under the laws of Delaware and therefore is Blumhouse is a limited liability company organized 2 Case 1:19-cv-00618-UNA Document 1 Filed 04/02/19 Page 3 of 25 PagelD #: 3 and a because it resides in this judicial district large subject to this Court's personal jurisdiction in this district. portion of the acts alleged herein arose because it over Defendant Blumhouse 6. This Court also has personal jurisdiction but not contacts with the State of Delaware, including has maintained continuous and systematic to this forum by, arnong other things, making, marketing, limited to, purposefully availing itself others to use, offer to sell, or sell products shipping, using, offering to sell or selling, or causing from such activities. and substantial revenue and services in the State of Delaware, deriving he has over Defendant Sherman because 7. This Court has personal jurisdiction but not with the State of Delaware, including maintained continuous and systematic contacts other himself to this forum by, arnong things, making, limited to, purposefully availing to use, offer to sell, or or or causing others marketing, shipping, using, offering to sell selling, his New York Times Bestselling in the State of Delaware, including sell products and services such activities. and substantial revenue from Book "The Loudest Voice in the Room", deriving and 28 district to 28 U.S.C. § 1391(b)(3) 8. Venue is proper in this judicial pursuant with to the Court's personal jurisdiction U.S.C. § 1391(c)(2) because Defendants are subject respect to this action. III. PARTIES State of natural who is a citizen of the 9. Plaintiff Luhn is an individual, person Plaintiff is not a public figure. California, County of Los Angeles. and satellite television network corporation 10. Defendant Showtirne is a cable has of Delaware. Defendant Showtime purposefully incorporated under the laws of the State availed itself to this Court. 3 Case 1:19-cv-00618-UNA Document 1 Filed 04/02/19 Page 4 of 25 PagelD #: 4 company incorporated is a film and television production 11. Defendant Blumhouse availed itself to Defendant Blumhouse has purposefully under the laws of the State of Delaware. this Court. of who is a citizen of the State is an natural person 12. Defendant Sherman individual, himself to this Court. has availed New York. Defendant Sherman purposefully IV. STANDING she has been directly and to this action because 13. Plaintiff Luhn has standing bring herein. Her injuries are the unlawful conduct complained actually affected and victimized by and one of them, jointly of Defendants, each and every proximately related to the misconduct severally. V. FACTS and Defendant Sherman, acting and Defendant Blumhouse 14. Defendant Showtime and will be airing an eight-episode are currently filming in concert, jointly and severally, Channel (Fox Officer (CEO") of Fox News miniseries about the former Chief Operating who was accused of Network ("FBN"), Roger Ailes ("Ailes"), News") and CEO Fox Business in in 2016 and other before resigning disgrace decades of sexual harassment and illegalities dying a year later. of the eight-episode miniseries. 15. Plaintiff Luhn is an integral part the Fox News Channel. of the staff which launched 16. Plaintiff was a part original D.C. headquarters in the summer of 1988 at the Washington, 17. Plaintiff met Ailes on the staff at the campaign. campaign while she was of the George H.W. Bush presidential News on August 12, 15 for Fox beginning 18. Plaintiff spent ahnost years working Snow, Plaintiff was part of the staffer for Fox News Sunday with Tony 1996 as a Guest Relations 4 Case 1:19-cv-00618-1JNA Document 1 Filed 04/02/19 Page 5 of 25 PagelD #: 5 in the Bureau. News Channel and was based Washington original staff that launched the Fox and was part of the Special to Associate Producer/Guest Producer Later, Plaintiff was promoted former Bill the Kenneth Starr investigation and president Report with Brit Hume staff during for the Fox Plaintiff later became the Director of Booking Clinton irnpeachment proceedings. New York In staff in both Washington, D.C. and City. News Channel that included managing and Events. This new to Senior Director of Corporate Special 2007, Plaintiff was promoted the on the VIP launch event for to New York City working position required commuting weekly held in Executive Chairman of News Corp, Rupert Murdoch, Fox Business Network hosted by of Art in New York City. October at the Metropolitan Museum Abuse by Roger Ailes and Fox News Facts Pertaining to Sexual and Psychological at Ailes demanded, Plaintiff s time on staff Fox News, 19. During the entirety of forced sexual favors from her, making impossible, coerced, extorted, blackmailed and that demands and using abusive rnind control techniques frightening, dangerous and unrealistic at the Central Ailes had that he conducted training he referred to as her "training." bragged in line and to him." He this was his to keep "Plaintiff loyal Intelligence Agency (CIA") and way she needed her he felt her slipping up and that would periodically call her in Washington telling more "training." she was to tell Ailes reinforced to Plaintiff that 20. The immensely powerful always and which is why his abusive and tactics demands, no one about what she considered threatening Ailes retribution during her tenure with Fox News. she remained very fearful of Ailespromised orders. The "orders" and that she was expected to follow told her to think of it as the military life. Ailes Plaintiff of the Plaintiff s work life and personal required were implied in every aspect "useful." heard or seen that he would find "to report ie anything she had 5 Case 1:19-cv-00618-UNA Document 1 Filed 04/02/19 Page 6 of 25 PagelD #: 6 and act like Doris Day. to follow orders like G.I. Jane" 21. Plaintiff was told to wear for Ailes, to black garters and stockings 22. Plaintiff was forced purchase in the middle of the day and He her to leave her job which he called her "uniform." required This was her to wear the "uniform." particularly meet him in various hotel rooms requiring for a show and had to Plaintiff, as she was booking guests painful, humiliating, and embarrassing reminded Plaintiff, "I the producers she felt ill. Ailes constantly to excuse herself, falsely telling own you." her she needed to in June of 2004, Ailes told 23. When Plaintiff received a promotion Ailes told While in his office at Fox News Headquarters (HQ"), "thank him" as a quidpro quo. thank him for on her "uniform" and Hotel in Times Square, put Plaintiff to go to the Doubletree to and oral sex in order Plaintiff to meet him at the hotel perform the promotion.