Case 2:18-cv-00621 Document 1 Filed 01/24/18 Page 1 of 10 Page ID #:1 1 LAW OFFICES OF PERRY C. WANDER Perry Wander, Esq. (SBN: 102523) 2 9454 Wilshire Blvd., Penthouse 3 Beverly Hills, CA 90212 Telephone: 310-274-9985 4 Facsimile: 310-274-9987 5 [email protected] pcwlawyer.com 6 Attorney for Plaintiff Jennifer Jarosik 7 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 12 13 14 Case No. JENNIFER JAROSIK, an individual, 15 COMPLAINT FOR DAMAGES FOR 16 Plaintiff, 1. SEXUAL ASSAULT AND 17 BATTERY 18 vs. 2. INTENTIONAL INFLICTION OF 19 DeadlineEMOTIONAL DISTRESS RUSSELL WENDELL SIMMONS, an 20 individual, 3. NEGLIGENT INFLICTION OF 21 EMOTIONAL DISTRESS Defendant. 22 23 24 25 26 27 1 COMPLAINT FOR DAMAGES 28 Case 2:18-cv-00621 Document 1 Filed 01/24/18 Page 2 of 10 Page ID #:2 1 Plaintiff Jennifer Jarosik (hereinafter “Jarosik” or “Plaintiff”), hereby 2 alleges, based upon information and belief, except as to allegations concerning Ms. 3 Jarosik, or her counsel, which allegations are made upon personal knowledge, 4 against Defendant Russell Wendell Simmons (“Simmons” or “Defendant”), as 5 follows: 6 SUMMARY OF CASE 7 1. By means of this lawsuit, Ms. Jarosik seeks to halt and obtain redress of 8 the sexual assault and rape committed by Defendant Simmons against her person. 2. Specifically, this lawsuit chronicles how a woman who while pursuing 9 her passion and dream of producing a documentary, was sexually exploited, 10 sexually battered, and raped by Defendant Simmons after she approached him to be 11 interviewed, and help her produce and finance her film. Defendants Simmons 12 reputation as a spiritual conscious person caused her to trust Defendant Simmons 13 who promised her help to make her film and befriended her only to be victimized 14 when he invited her to his home in Los Angeles, on the pretext that they would be 15 discussing her project, only to be attacked, and raped by him. Defendant, by reason 16 of his experience in the entertainment industry exerted significant influence over her 17 career. The sexual battery and severe emotional distress they have caused is 18 detailed in this complaint. 19 3. Ms. JarosikDeadline is a thirty-seven (37) year-old white woman, who came to 20 Los Angeles, CA, to pursue her passion as a documentary film maker. 21 4. Defendant Russell Simmons is a music producer, CEO of Rush 22 Communications, and he cofounded the hip-hop music label Def Jam Recordings. 5. The sexual exploitation of women is pervasive in the hip hop and music 23 industry culture. Plaintiff hopes that through this lawsuit, the Hip Hop industry 24 faces the music and recognizes that the deep-rooted history of misogyny and 25 discrimination against women in the music industry has to come to an end, now. 26 #TimesUp. 27 2 COMPLAINT FOR DAMAGES 28 Case 2:18-cv-00621 Document 1 Filed 01/24/18 Page 3 of 10 Page ID #:3 1 6. In line with Defendant’s history of sexual exploitation that permeates 2 the music industry, Ms. Jarosik experienced firsthand, being preyed on by defendant 3 Simmons. 4 7. Defendant Simmons has historically thrived on the sexual exploitation 5 of young women trying to break into the entertainment and music industry, in which 6 young female artists are falsely promised opportunities and advancement by 7 experienced and well-established men in power in the industry, with their careers in 8 jeopardy if they resist the sexual overtures of these powerful men. 8. These specific instances of predatory and hostile conduct are just the tip 9 of the iceberg of sexual harassment rooted in power imbalances. A number of 10 women, some of whom were minors at the time of the alleged incidents, have 11 accused Mr. Simmons of sexual harassment, sexual assault and rape. Women who 12 said they had been sexually harassed or assaulted, including attempted rape by Mr. 13 Simmons include, Ms. Kelly Cutrone, Ms. Keri Claussen Khalighi, Ms. Lisa Kirk, 14 Ms. Toni Sallie, Ms. Amanda Seales and Ms. Natashia Williams-Blach. Women 15 who said they had been raped by Mr. Simmons include, Ms. Jenny Lumet, Ms. 16 Sherri Hines, Ms. Tina Baker and Ms. Drew Dixon. 17 9. The complaint requests general, punitive, and economic damages for 18 loss of employment, loss of business opportunities, and loss of wages, to 19 compensate Ms. JarosikDeadline for injuries suffered as a result of the unlawful conduct 20 alleged herein. 21 JURISDICTION AND VENUE 22 10. This Court has jurisdiction of this case under 28 U.S.C. § 1332 as the 23 parties involved are completely diverse in citizenship and the amount in controversy 24 exceeds $75,000. 25 11. At all times material, Plaintiff Jarosik was, and still is, a resident of 26 California. 27 3 COMPLAINT FOR DAMAGES 28 Case 2:18-cv-00621 Document 1 Filed 01/24/18 Page 4 of 10 Page ID #:4 1 12. At all times material, Defendant Simmons was, and still is a resident of 2 New York. 3 13. Plaintiff has suffered special damages in excess of $75,000, accordingly, 4 the amount in controversy exceeds the $75,000 threshold of 28 U.S.C. § 1332. 5 14. Venue is proper in this district, as the causes of action arose within this 6 judicial district, and the Defendant herein conducts business within this district. 7 PARTIES 8 15. At all times herein mentioned, Jennifer Jarosik, Plaintiff is a resident of the city of Los Angeles, California, Los Angeles County. 9 16. At all times relevant herein, Defendant Russell Wendell Simmons is a 10 resident of New York City, New York. 11 FACTUAL ALLEGATIONS 12 17. Plaintiff met Mr. Simmons in 2006 in New York City. He befriended 13 her as they shared a love and passion for meditation, yoga and a vegan diet. Mr. 14 Simmons later offered to be interviewed for Plaintiff’s documentary and he offered 15 to co-produce, finance and assist Plaintiff with the documentary which they started 16 to work on at Defendant’s office in New York City. Plaintiff later moved to LA. 17 18. On or about August 2016, Plaintiff was invited by Defendant to his 18 home in Los Angeles, on . When Plaintiff arrived, defendant asked 19 Plaintiff to have sex,Deadline whereupon she responded “no”. Mr. Simmons got aggressive 20 and pushed Plaintiff on his bed. Plaintiff tried to force Defendant to stay away from 21 her and in doing so, Defendant knocked Plaintiff off his bed, and Plaintiff hit her 22 head and then Defendant pounced on her while she was still in shock and fear, and proceeded to rape her. 23 19. Plaintiff then disclosed this information only to a few close friends like 24 Martin Dunkerton, her film director and Gene Lo, her editor. Plaintiff felt somehow 25 it was partially her fault since she was not strong enough to resist. 26 #TimesUp. 27 4 COMPLAINT FOR DAMAGES 28 Case 2:18-cv-00621 Document 1 Filed 01/24/18 Page 5 of 10 Page ID #:5 1 20. When Plaintiff later found out that a number of women, some of whom 2 were aged seventeen at the time of the alleged incidents, accused Mr. Simmons of 3 Sexual harassment, assault or rape, she contacted him. 4 21. Defendant Russell, when confronted about her rape and the other 5 women’s stories, by Plaintiff, pretended it never happened. #NotMeToo? Plaintiff is 6 now the 8th woman that has stepped forward to publicize her story of sexual assault 7 and exploitation against defendant Simmons. 8 FIRST CAUSE OF ACTION 9 (Sexual Assault and Battery) 10 22. Plaintiff hereby incorporates by reference the allegations contained in 11 the foregoing paragraphs as if fully set forth herein. 12 23. By the aforesaid acts and conduct of Defendants, and each of them, 13 Plaintiff has been directly and legally caused plaintiff to suffer actual damages 14 pursuant to California Civil Code § 3333, including, but not limited to, loss of 15 earnings and future earning capacity, medical and related expenses for care and 16 procedures both now and in the future, attorney’s fees, and other pecuniary loss not 17 presently ascertained, for which plaintiff will seek leave of court co amend when 18 ascertained. 19 24. As a directDeadline and legal result of the acts and omissions of Defendants, and 20 each of them, Plaintiff was rendered sick, sore, lame, disabled and disordered, both 21 internally and externally, and suffered, among other things, numerous internal 22 injuries, sever fright, shock, pain, discomfort and anxiety. The exact nature and extent of said injuries are not known to the plaintiff, who will pray leave of court to 23 insert the same when they are ascertained. Plaintiff does not at this time know the 24 exact duration of permanence of said injuries, but is informed and believes, and 25 thereon alleges, that some of the said injuries are reasonably certain to be permanent 26 in character. 27 5 COMPLAINT FOR DAMAGES 28 Case 2:18-cv-00621 Document 1 Filed 01/24/18 Page 6 of 10 Page ID #:6 1 25. As further legal result of the acts and omissions of the Defendants, and 2 each of the, plaintiff has been forced to incur expenses for medical care and 3 depression medication, during the period of Plaintiff’s disability, and is informed 4 and believes, and thereon alleges, that Plaintiff will in the future be forced to incur 5 additional expenses of the same nature.