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Case 1:16-cv-04453-NGG-LB Document 1-1 Filed 08/10/16 Page 1 of 113 PageID #: 70 EXHIBIT A Case 1:16-cv-04453-NGG-LB Document 1-1 Filed 08/10/16 Page 2 of 113 PageID #: 71 ~ SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------------------- Index No: Pa~1, / l 5 RICHARD LAKIN; and additional plaintiffs listed on Rider A, Date Purchased: 10/~(~C~/ 15 Plaintiffs designate Kings County as the Plaintiffs, place of trial. The basis of vcnue is CPLR 503(a), -against- SUMMONS FA=CEBOOK, Q Plaintiffs residcs at: Defendant. c/o Shurat HaDin — Israel Law Center, 10 ---------------------------------------------- X flata'as Street, Ramat Gan, Israel TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, on the plaintiff s Attorneys within 20 days afi.er the service of this summons, exclusive ot'the day of service (or within 30 days aftcr scrvice is complctc if this summons is not personally delivered to you within the State ofNew York) and to file a copy of your answer with the Clerk of the above-named Court; and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: Brooklyn, New York Octobcr 26, 2015 Yours, THE BERKMAN LAW OFFICE, LLC 0~ ~ ~ Atull~,r~.Jor he~+f zti/r ~ S`~ a by: 7 +~ '/ ° O' Q _.J Robert J. 111 Livingston Street, Suite 1928 Brooklyn, New York 11201 (718) 855-3627 ZECIA L 1 STS \~ NITSANA DARSHAN-LEITNER & CO Nitsana Darshan-Leitner . Lsraeli counsel f r the plaintiffs 10 Hata'as Street Ramat Gan, 52512 Israel Defendant's address: SEE ATTACHED RIDER B 4 Case 1:16-cv-04453-NGG-LB Document 1-1 Filed 08/10/16 Page 3 of 113 PageID #: 72 i SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -------------------------------------------------------------------- X Index No: / 15 RICHARD LAKIN, and additional plaintiffs listed on Rider A, COMPLAINT Plaintiffs, -against- FACEBOOK, INC., Defendant. ----------------------------------------------------------------- X Plaintiffs, complaining of the defendant, by their attor►ieys, THE BERKMAN LAW OFFICE, LLC, allege for their complaint, upon information and belief, as follows: INTRODUCTION 1. This is an action against Facebook, Inc. ("Facebook") for an injunction requiring the defendant to stop allowing Palestinian terrorists to incite violent attacks against Israeli citizens on its internet platform. The plaintiffs are 20,000 Israelis who, since October 1, 2015, have been living in the crosshairs of a murderous terrorist rampage carr:ied out by terrorists who attack people with knives, axes, screwdrivers, cars and Moloto'v cocktails for no reason other than that the attacker perceives the victims to be Jewish ("Terror Attacks"). Many of these murderers were motivated to commit their heinous crimes by incitement to murder and the glorification of violence against innocent civilians they read on Facebook—demagogues and leaders exhorting their followers to "slaughter the Jews," and offering instruction as to the best manner to do so, including even anatomical charts showing the best places to stab a human being. In this matter, the defendant is far from a neutral internet platform, as it is Facebook's algorithms that connect the terrorists to Case 1:16-cv-04453-NGG-LB Document 1-1 Filed 08/10/16 Page 4 of 113 PageID #: 73 the inciters, and Facebook often refuses to take down pages filled with incitement to murder. While in some instances Facebook may not technically be considered the "speaker" or "publisher" of such incitement, its status changes when it actively assists the inciters to find people who are interested in their hateful messages. By brokering connections between terrorist inciters, including recognized terrorist organizations, and potential followers, recruits, rank-and-file terrorists and violent criminals, Facebook is introducing the people who scream "fire" in a crowded theater to arsonists. Just as "fighting words" are not protected speech, Facebook's conduct is indefensible and must be ended. 2. Many of the terrorists who have attacked Israelis over the last several weeks were responding to inciting posts on Facebook calling on them to'slaughter Jews and providing detailed instructions on "how to" do so. Some of the terrorists announced their intentions on Facebook just before going out to attack, making statements like "I want to become a martyr," and "the Third Intifada has erupted." These attackers have been glorified en masse as martyrs through Facebook, thereby inspiring numerous others to follow in their footsteps. 3. Facebook has the technical ability to monitor the material that appears on its websites. Instead of using that data to actively direct those who are most interested in carrying out Tefror Attacks to the incitement that will lead them to their goal, and instead of introducing the inciters to people who are interested in murder, Facebook should be held accountable to remove these hateful messages immediately upon being posted and cease making such introductions, and shut down the Facebook accounts of recognized terrorist organizations and terrorists. ~t THE PARTIES 4. Plaintiff Richard Lakin is a 76-year old dual American/Israeli citizen who was born and raised in the greater Boston area. Plaintiff Richard Lakin moved to Israel along with his wife and children in 1984. Plaintiff Richard Lakin is currently in critical condition with life-threatening -2- Case 1:16-cv-04453-NGG-LB Document 1-1 Filed 08/10/16 Page 5 of 113 PageID #: 74 J injuries, after having been shot and stabbed by Palestinian terrorists in an October 13, 2015 Terror Attack on Jerusalem Bus No. 78. 5. In the Jerusalem Bus No. 78 attack two Israelis were murdered and more than 20 were wounded. 6. Plaintiff Micah Lakin Avni is a dual American/Israeli citizen and the adult son of Plaintiff Richard Lakin. 7. The remaining plaintiffs are 20,000 citizens of Israel, who have been and continue to be targeted by a campaign of incitement to murder carried out and promoted through Facebook , by Palestinian terrorists intent on carrying out Terror Attacks. 8. AII of the plaintiffs are presently threatened with imminent violent attacks that are planned, coordinated, directed, and/or iricited by users of Facebook with the knowing and intentional support and assistance of Facebook. Each of the plaintiffs fears for his life and safety as well as the lives and safety oftheir families and neighbors: The threat of being killed or seriously injured in the random terrorist attacks has spread to every sector of Israeli society. Barely an hour goes by in Israel without the report of another attack or attempted attack against civilians. So pervasive is the fear of terrorist attacks that few Israelis venture outside of their homes, schools or offices. Schools and colleges across Israel have bolstered security on their buildings and campuses. Moreover, Israel has deployed thousands of additional police offers and border patrol troops in its cities, malls and bus stations. Former army and police officers are being urged to carry weapons with them, and stores that sell civilian self-defense equipment such as pepper spray report being unable to keep up with the massive demand. 9. Upon information and belief, the defendant Facebook, Inc. is a corporation organized and existing pursuant to the laws of-the State of,Delaware, which conducts business . -3- Case 1:16-cv-04453-NGG-LB Document 1-1 Filed 08/10/16 Page 6 of 113 PageID #: 75 throughout the United States and the world, including Israel, and maintains offices in both New York and Israel, and innumerable other places. FACTS The October 2015 Terror Attacks 10. On October 1, 2015 Palestinian terrorists murdered a young couple, Eitam and Na'ama Henkin, in a brutal roadside shooting attack on their vehicle while they were driving home from a social gathering with their four young sons in the back seat. 11. Following the Henkins' murder, Israel has been plagued with a wave of Terror Attacks, 12. Since the beginning of October 2015, these Terror Attacks have claimed the lives of at least ten Israelis, and dozens more have been injured. 13. These Terror Attacks have been carried out by young Palestinians, with the yodngest attacker being just thirteen years old. The weapons of choice for these murders are knives, with axes, meat cleavers and screw; drivers also being used. 14. These Terror Attacks have taken place in locations -across Israel at various times . ,;. during the day, leading all Israelis to fear for their personal.safety and security whenever out in a public place. 15. Unfortunately, the list of Terror Attacks since October l, 2015 grows daily:I : a) October 1, 2015, Nablus near Samaria — Rabbi Eitam and Naama Henkin murdered in a drive by shooting. ' http://mfa.gov.il/MFA/ForeignPolicy/Terrorism/Palestinian/Pages/Wave-of-terror- October-2015.aspx Case 1:16-cv-04453-NGG-LB Document 1-1 Filed 08/10/16 Page 7 of 113 PageID #: 76 b) October 3, 2015, Lion's Gate in Old City of Jerusalem — Aharon Banita-Bennet and Rabbi Nehemia Lavi killed in stabbing attack. Mr. Banita-Bennet's wife and two year old son were injured in the attack. c) October 4, 2015, Old City of Jerusalem — Moshe Malka was stabbed and wounded on his way to pray at the Western Wall in the Old City in Jerusalem. d) October 7, 2015, Petach Tikvah — Israeli man wounded in Knife attack at shopping mall. e) October 7, 2015, Lion's Gate in Old City, of Jerusalem — Israeli man wounded in stabbing attack. f) October 7, 2015, Kiryat Gat — Terrorist stabbed IDF soldier, grabbed his gun and then attacked Israeli woman who managed to flee.

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