SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ALEXANDRA CANOSA, an individual, Index No. Plaintiff, SUMMONS WITH NOTICE OF -against- COMMENCEMENT OF ACTION DIRK ZIFF, TIM SARNOFF, MARC LASRY, TARAK BEN AMMAR, LANCE Place of Trial: New York County MAEROV, RICHARD KOENIGSBERG, Basis for venue is the County in which one PAUL TUDOR JONES, THE WEINSTE1N or more of the defendants reside. COMPANY HOLDINGS, LLC, HARVEY WEINSTEIN, and ROBERT WEINSTEIN, Defendants. TO THE ABOVE NAMED DEFENDANTS: PLEASE TAKE NOTICE THAT YOU ARE HEREBY SUMMONED to appear in this action by serving a notice of appearance on the Plaintiff at the address set forth below within 20 days after the service of this Summons (not counting the days 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 or appear, a judgment will be entered against you by default for the relief demanded below. 1 1 of 5
NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING PLEASE TAKE NOTICE that the matter captioned above, which has been commenced by filing of the accompanying documents with the County Clerk, is subject to mandatory electronic filing pursuant to Section 202.5-bb of the Uniform Rules for the Trial Courts. This notice is being served as required by Subdivision (b)(3) of that Section. The New York State Courts Electronic Filing System ("NYSCEF") is designed for the electronic filing of documents with the County Clerk and the court and for the electronic service of those documents, court documents, and court notices upon counsel and self-represented parties. Counsel and/or parties who do not notify the court of a claimed exemption (see below) as required by Section 202.5- bb(e) must immediately record their representation within the e-filed matter on the Consent page in NYSCEF. Failure to do so may result in an inability to receive electronic notice of document filings. Exemptions from mandatory e-filing are limited to: (1) attorneys who certify in good faith that they lack the computer equipment and (along with all employees) the requisite knowledge to comply; and (2) self-represented parties who choose not to participate in e-filing. For additional information about electronic filing, including access to section 202.5-bb, consult the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center at 646-386-3033 or efile@courts.state.ny.us..us. Notice: The nature of this action is: (1) Sexual Harassment, (2) Quid Pro Quo; (3) Intentional Infliction of Emotional Distress; (4) Assault; (5) Battery; (6) Negligent Retention; (7) Aiding and Abetting; and (8) Negligent Infliction of Emotional Distress. These causes of action are in violation of, among other things, New York City Human Rights Law 296.1(a), New York 2 2 of 5
Human Rights Law, N.Y. Exec. Law 290 et seq. which prohibits sexual harassment in the workplace and New York Consolidated Laws NY CPLR 213-C, Sexual Harassment, New York Penal Code 240.30 (Assault and Battery). The causes of action are based on repeated sexual harassment, sexual intimidation, emotional abuse, assault and battery of Plaintiff by Defendant Harvey Weinstein over a period of years through 2017. The foregoing events and actions of Harvey Weinstein took place in conjunction with Plaintiff's employment, in various capacities, for Harvey Weinstein and The Weinstein Company. Over the course of his misconduct, up to September 2017, Harvey Weinstein threatened Plaintiff and made it clear that if she did not succumb to his demands or if she exposed his unwanted conduct there would be retaliation, including humiliation, the loss of her job and any ability to work in the entertainment business. The Weinstein Company and the members of its Board of Directors, knew or should have known about Harvey Weinstein's conduct, and did not act to correct or curtail such activity. Instead, The Weinstein Company facilitated, hid, and supported his unlawful conduct. Harvey Weinstein acted as an executive, agent, management employee and officer of The Weinstein Company. As a result of the foregoing unlawful conduct, Plaintiff incurred substantial physical injury, pain, suffering, humiliation, mental anguish, and emotional distress. Against Harvey Weinstein: Sexual Harassment, Quid Pro Quo and violation of New York City Human Rights Law 296.1(a), New York Human Rights Law, N.Y. Exec. Law 290 et seq. and the New York City Administrative Code 8-107, which prohibits sexual harassment in the workplace. Sexual Assault and Battery; New York Consolidated Laws NY CPLR 213-C, Sexual Harassment; New York Penal Code 240.30; and Intentional Infliction of Emotional Distress. 3 3 of 5
Against The Weinstein Company: Negligent Retention; Negligent Infliction of Emotional Distress; Aiding and Abetting in Violation of New York Human Rights Law; Sexual Harassment, Quid Pro Quo and violation of New York City Human Rights Law 296.1(a), New York Human Rights Law, N.Y. Exec. Law 290 et seq. and the New York City Administrative Code 8-107, which prohibits sexual harassment in the workplace; Sexual Assault and Battery; New York Consolidated Laws NY CPLR 213-C, Sexual Harassment; and New York Penal Code 240.30. Against Bob Weinstein, Dirk Ziff, Tim Sarnoff, Marc Lasry, Tarak Ben Ammar, Lance Maerov, Richard Koenigsberg, Paul Tudor Jones: Negligent Retention; Aiding and Abetting in violation of New York City Human Rights Law; and Negligent Infliction of Emotional Distress. Relief Sought attorneys' Plaintiff seeks monetary damages, punitive and exemplary damages, and fees and costs in amount to be proven at trial and estimated to be in excess of 10 million dollars. Defendant's Addresses: Marc Lasry: Tim Sarnoff: Weinstein: Robert Weinstein: 4 4 of 5
Lance Maerov: Richard Koenigsberg: Paul Tudor Jones: Dirk Ziff: The Weinstein Holdings LLC: Tarak Ben Ammar: France Dated: New York, New York December 20, 2017 STEWART CC IPINTl, LLP By: Charles A. Stewart, III One Exchange Plaza 55 Broadway, Suite 1501 New York, New York, 10006 (212) 239-5500 cstewart@somlaw.com COLEMAN & HOROWITT, LLP Darryl J. Horowitt Judy M. Sasaki (pro hac admission to be filed) 1880 Century Park East, Suite 404 Los Angeles, California 90067 (310) 286-0233 dihorowitt@ch-law.com isasaki@,ch-law.com Attorneys for Plaintiff 5 5 of 5