FILED: NASSAU COUNTY CLERK 08/03/ :33 PM INDEX NO /2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/03/2018

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1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU X Index No.: CODY PICKRODT and RAY RAY BOOKS, Plaintiffs, -against- SUMMONS WHITNEY TAYLOR, LAURA KNETZGER, EMMA LOUTHAN, HAZEL NEWLEVANT, EMI GENNIS, BEN PASSMORE, ROBERT CLOUGH, MORGAN PIELLI, JORDAN SHIVLEY. O' TOM KACZYNSKI, JOSH O'NEILL and UNCIVILIZED BOOKS, INC., Defendants X To the Defendant named above: PLEASE TAKE NOTICE THAT YOU ARE SUMMONED to answer the complaint of the plaintiff(s) herein and to serve a copy of your answer on the plaintiff(s) at the address indicated below within 20 days after service of this Summons (not counting the day of service itself), or within 30 days after service is complete if the Summons is not delivered personally to you within the State of New York. YOU ARE HEREBY NOTIFIED THAT should you fail to answer, a judgment will be entered against you by default for the relief demanded in the complaint together with interest thereon. Dated: New York, New York August 2, 2018 CARBONARO LAW, PC Attorneys for the Plaintiff CODY PICKRODT and RAY RAY BOOKS 275 Madison Avenue, 6* New York, NY (21 ) Floor By: p W. Carbonar 1 of 14

2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU X â â â â â â â â CODY PICKRODT and RAY RAY BOOKS, Plaintiffs, -against- WHITNEY TAYLOR, LAURA KNETGER, EMMA LOUTHAN, HAZEL NEWLEVANT, EMI GENNIS, BEN PASSMORE, ROBERT CLOUGH, MORGAN PIELLI, JORDAN SHIVLEY, O' TOM KACZYNSKI, JOSH O'NEILL and UNCIVILIZED BOOKS, INC., Defendants X X (" plaintiff' plaintiff" CODY PICKRODT ("plaintiff'), by his attorneys CARBONARO LAW, PC, herein sets forth his Verified Complaint against the defendants as follows: PARTIES TO THE ACTION CC 1. Plaintiff, CODY PICKRODT ("Pickrodt") is a resident of New York State, County of Nassau. 2. Plaintiff RAY RAY ("Ray Ray") is an unincorporated business entity which conducts and transacts business as a comic book publisher, including but not limited to in the State of New York. (" Taylor" 3. Defendant WHITNEY TAYLOR ("Taylor") is a resident ofthe State ofnew York, County of Kings. 4. Defendant LAURA KNETGER ("Knetzger") is a resident of the State of Washington. 5. Defendant EMMA LOUTHAN ("Louthan") is a resident of the State of Pennsylvania. 6. Defendant HAZEL NEWLEVANT ("Newlevant") is a resident of the State of New York, County of Queens. 7. Defendant EMI GENIS ("Genis") is a resident of the State of Ohio. 1~ Page 4 of 14

3 8. Upon information and belief, BEN PASSAMORE ("Passamore") is a resident of the State of Pennsylvania. (" Clough" 9. Defendant ROBERT CL OUGH ("Clough") is a resident of the State of North Carolina. 10. Defendant MORGAN PIELLI ("Pielli") is a resident of the State of New York, County of Queens Defendant JORDAN SHIVLEY ("Shivley") is a resident of the State of Minnesota. 12. Defendant TOM KACZYNSKI ("Kaczynski") is a resident of the State of Minnesota. O' 13. Defendant JOSH O'NEILL (" O' Neill" ("O'Neill") is a resident of the State of Pennsylvania. (" Uncivilized" 14. Defendant UNCIVILIZED BOOKS ("Uncivilized") is a corporation duly organized and existing pursuant to the laws of the State of Minnesota. 15. Defendant Uncivilized is a corporation duly organized and existing pursuant to the laws of a sister state. 16. Defendant Uncivilized is an reincorporated entity domiciled in the State of Minnesota and doing business in Minnesota and throughout the United States. 17. Defendant Kaczynaski is the owner, manager and/or chief executive officer in charge of managing Uncivilized. 18. Defendant Shiveley is employed by Uncivilized. 19. The defendants are comic book writers and/or are employed or engaged in the comic book business and/or corporations that publish comic books, and all defendants are well-known in the comic book industry. 20. Pickrodt owns and operates Ray Ray for purposes of publishing comic books, including those written by certain of the defendants herein. 21. Pickrodt and Ray Ray are also well-known in the comic book industry. 2iP age 5 of 14

4 FACTS COMMON TO ALL CAUSES OF ACTION 22. Plaintiff Pickrodt brings causes of action against all defendants for defamation per se and defamation. 23. Pickrodt alleges that between October, 12, 2017 to date, defendants have published false, misleading and defamatory comments about him on four different social media platforms: Facebook, Twitter, internet blogs (specified below) known and frequented by persons in the comic book industry and on a Google Document, which is available online for viewing and contribution by members of the general public. These publications are collectively referred to in this complaint as "Publications." The Publications are attached to this complaint as Exhibits 1-11 and are incorporated by reference herein as if fully set forth. 24. The Google doc was created by defendant Taylor and published by Taylor online on or about October 12, Upon publication, the Google doc could be viewed and added to by others without restriction. 25, The statements made in the Google doc by Taylor include but are not limited to the false and defamatory claim that Pickrodt raped Taylor in December 2013, that Pickrodt made "aggressively misogynistic" comments, that Pickrodt, sexually harassed other comic book artists, that Pickrodt made anti-semitic comments, stalked comic book artists, and displayed predatory behavior for years, in addition to other false and defamatory statements. The Google doc is attached hereto as Exhibit 1 and incorporated by reference as if fully set forth. 3 ~ Page 6 of 14

5 26. After the Google doc was first published online by defendant Taylor, other defendants added their own false and defamatory claims to it. 27. Specifically, defendant Knetger falsely claimed on the Google doc that Pickrodt had made "weird comments," was a "creep," is "not a safe person," "saw [Knetger] as a piece of meat," made anti-semitic comments to a friend, re-prints one of Knetger's comic works without paying the required fees or royalties, is not a legitimate publisher, sexually harassed Knetger and is "not a safe person to be with." See Exhibit Defendant Louthan also added the following false and defamatory statements to the Google doc: that Pickrodt was a "shady person," made misogynistic and anti-sematic "rants," is a "predator," preys on young women, and uses comic book events as "hunting grounds" to meet women. See Exhibit Defendant penis likewise added the following false and defamatory statements to the Google doc: that Pickrodt attempted to kiss her, wrapped his arm around her and held her in a headlock, has shown a "pattern of predatory behavior," and makes the comic community "less safe." See Exhibit Defendant penis published false and defamatory statements about Pickrodt on Twitter, stating that Pickrodt is a "predator." The Twitter post is attached as Exhibit 2 and is incorporated by reference herein as if fully set forth. 31. Defendant Clough posted false and defamatory statements including but not limited to on the "highlowcomics" blog, at http: highlowcomics.blogspot.com/2014/05/reading-rars ot.com!'2014!'05/readin -rarray-books.html (Exhibit 3) and on Twitter including but not limited to at (Exhibit 4) The false and defamatory statements by Clough include but are not limited to, that Pickrodt is a 4iPagc 7 of 14

6 "predator," reprints comic artists' work without remitting payment to the artist, and must be banned from the comic community. 32. Defendant Pielli published false and defamatory statements about Pickrodt on Facebook, including that Pickrodt sexually harassed and assaulted women. See Exhibit Defendant Shiveley made the false and defamatory claim that Pickrodt is a "predator" and should be banned from the comic community. These claims were published on Twitter (Exhibit 6) and Facebook (Exhibit 7). 34. Defendant Kaczynski published the false and defamatory statement that Pickrodt is a "predator," and that his actions, as falsely set forth in the Google doc, should result in Pickrodt being banned from the comic book community. These statements were made on the Twitter account of defendant Uncivilized Books at (Exhibit 8) and on defendant Uncivilized Books' Facebook page (Exhibit 9). 35. Defendant Uncivilized Books published the same false and defamatory statements set forth in paragraphs 33 and 34 above on its Twitter account and Facebook page in that its owner, manager, director and employee posted the comments on the aforesaid social media platforms. See Exhibits O' 36. Defendant O'Neill published false and defamatory statements on Facebook, including that Pickrodt is an "abuser" and should not be allowed in the comic book industry or "any other gathering of humans." See Exhibit Defendant Passmore published the false and defamatory statement that Pickrodt is a "sexual predator" and should be banned from the comic book community. These SiP 5~Pageage 8 of 14

7 statements were published on Twitter at.//twitter.com/daygloayholf.!,'twitter.com/daygloayhole/status/ , OAYHOLE/status/ See Exhibit Defendant Newlevant published false and defamatory statements about Pickrodt on Twitter, specifically stating that Pickrodt is a "predator," that he sexually harassed and assaulted females and engaged in behavior warranting banning him from the comic book community, referred to Pickrodt as "parasitic scum who publishes talented young women and then uses that as leverage to prey on more talented young women." See Exhibit 3, and Twitter at http: twitter.com/hnewlevant/status/ See Exhibit Upon information and belief, a large number of persons, both in and outside the comic book industry, J > viewed the Google o â doc â -r- posted by Taylor and added to by Knetger, Louthan and Gennis. 40. Upon information and belief, a large number of persons, both in and outside the comic book industry, viewed the blog and Twitter posts by defendant Clough as referenced above. 41. Upon information and belief, a large number of persons, both in and outside the comic book industry, viewed the Facebook and Twitter postings by Newvalent, Passamore, Shively, Kaczynski, Uncivilized Books and Pielli. 42..Th The publications were widely viewed and disseminated by persons in the comic book industry causing pain, suffering and economic loss to both Pickrodt and Ray Ray. AS AND FOR A FIRST CAUSE OF ACTION FOR DEFAMATION PER SE AGAINST ALL DEFENDANTS 43. Plaintiffs repeat, re-allege and incorporate by reference each of the allegations set forth in paragraphs 142 above. 6~ I Page Page 9 of 14

8 44. The statements published in the Google doc posted by Taylor, Knetger, Louthan and Genis, including but not limited to those set forth above, are false and defamatory. 45. The statements published on Facebook O' by Gennis, Shively, Kaczynski, O'Neill, Uncivilized Books and Pielli, including but not limited to those set froth above, are false and defamatory. 46. The statements published on Twitter by Newvalent, Passamore, Clough, Shively, Kaczynski and Uncivilized Books, including but not limited to those set forth above, are false and defamatory. 47. The statements published on the highlowcomics blog by Clough, including those set forth above, are false and defamatory. 48. The statements contained in the publications as set forth above as set forth in Exhibits 1-11, attached to this complaint, constitute allegations of a serious crime or crimes, to wit: rape, sexual abuse, false imprisonment, assault and other serious crimes. 49. Each of the statements in the publications were published online without permission or authorization of Pickrodt or Ray Ray. 50. Each of the statements in the publications were published negligently, at a minimum, and/or with gross negligence and/or intentionally. 51. The aforesaid publications exposed the plaintiffs to public contempt, ridicule, aversion, disgrace, induced an evil opinion of him in the minds of right-thinking persons, and deprived him of their friendly intercourse in society. 52. Accordingly, plaintiff has been defamed, such defamation as set forth above, constituting defamation per se. 7IPage 10 of 14

9 53. Plaintiff Pickrodt suffered damages in the form of emotional and mental distress by virtue of the false and defamatory statements in the publications. 54. Plaintiff demands damages in an amount to be determined at trial, but not less than twomillion five hundred ($2,500,000.00) thousand dollars. AS AND FOR A SECOND CAUSE OF ACTION FOR DEFAMATION AGAINST DEFENDANTS 55. Plaintiffs repeat, re-allege, and incorporate by reference the allegations set forth in paragraphs 1-54 above as if fully set forth. 56. The plaintiffs have sustained special damages as a result of the aforesaid conduct, to wit: loss of business and income as a comic book publisher. 57. Since the publications were posted on the specified media platforms, comic book authors who were published by Ray Ray and Pickrodt have declined to engage plaintiffs to publish their books. 58. Since the publications were posted on the specified social media platforms, comic book authors who were not previously published by Ray Ray and Pickrodt have declined to engage plaintiffs to publish their books. 59. Accordingly, plaintiff has sustained damages in the form of lost business opportunities, income and revenue as a comic book publisher. 60. Plaintiff demands damages in an amount to be determined at trial, but no less than twomillion ($2,500,000.00) dollars. WHEREFORE, Pickrodt and Ray Ray demand damages from each defendant in an amount to be determined at trial, but not less than two-million five hundred thousand ($2,500,000.00) dollars, plus the costs, disbursement and expenses of this action, together with Silage 11 of 14

10 reasonable attorneys' fees, in addition to any other and further relief the Court may deem just and proper. Dated: New York, New York August 3, 2018 CARBONARO LAW, PC Attorneys for the Plaintiffs CODY PICKRODT and RAY RAY BOOKS 275 Madison Avenue, 6th Floor New York, New York (212) Fax: (212) olaw.com By: J eph. bonaro 9~Page 12 of 14

11 V E R I F I C A T I O N I, Joseph W. Carbonaro, an attorney duly admitted to practice in the State of New York, verifies pursuant to C.P.LR that I am acquainted with the facts and circumstances set forth in the within Verified Complaint, and that the matters set forth therein are true to my own knowledge, except as to maters alleged on information and belief, and that as to those maters, I believe them to be true. The reason 1 make this verification is because my client, the plaintiffs herein, reside in a County outside the County in which my office is located. Dated: New York, New York August 3, 2018 o eph W. onaro 13 of 14

12 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU X CODY PICKRODT and RAY RAY BOOKS, Plaintiffs, -against- WHITNEY TAYLOR, LAURA KNETGER, EMMA LOUTHAN, HAZEL NEWLEVANT, EMI GENNIS, BEN PASSMORE, ROBERT CLOUGH, MORGAN PIELLl, JORDAN SHIVLEY, TOM KACZYNSKl, JOSH O' O'NEILL and UNClVILIZED BOOKS, INC., Defendants X â â â â â â â â â â â SUMMONS AND COMPLAINT CARBONARO LAW, PC 275 MADISION 6th AVENUE, FLOOR NEW YORK, NEW YORK (212) Fax: (212) Attorneys for the Plaintiffs CODY PICKRODT and RAY RAY BOOKS Joseph Carbonaro, an attorney duly admitted to practice law in the State of New York hereby certify to the best of my knowledge, information and belief, formed after reasonable inquiry under the circumstances, that the presentation of the paper or contentions hereto are not frivolous as defined in Section of the Rules of the Chief Administrator. (22 N.Y.C.R.R.). Dated: New York, New York July 19, 2018 Josep. a bonaro 14 of 14