UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF NEW YORK

YURI CORTEZ, ROLANDO AVILESand AGENCE FRANCE PRESSE,Plaintiffs,-against-TOM BRADY and GISELEBUNDCHEN,Defendants.))))))))))))))

09 Civ. 8077 (Kaplan)Complaint

Yuri Cortez (“Cortez”), Rolando Aviles (“Aviles”) and Agence France-Presse (“AFP”) by their attorneys Gleason & Koatz, LLP and Venable LLP for theircomplaint against each of Tom Brady (“Brady”) and Gisele Bundchen (“Bundchen”)allege:

Introduction

1. This is an action to recover damages for physical and emotionalinjuries suffered by each of Cortez and Aviles and for damages suffered by AFP allcaused jointly and severally directly and indirectly by Brady and Bundchen.2. Brady, a well-known athlete who plays for the New EnglandPatriots football team and Bundchen, an international fashion model, were marriedin Santa Monica, Los Angeles on about February 26, 2009.3. In early April 2009 Brady and Bundchen held an after-weddingcelebration at Bundchen’s holiday home in Costa Rica.

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4. Cortez is employed by AFP as a photographer, which dispatchedhim to Costa Rica to photograph the after-wedding celebration of Brady andBundchen.5. Aviles is a freelance photographer on assignment for Al Dia, aCosta Rican national daily newspaper, which also dispatched him to photograph thesame after-wedding celebration.6. After having duly obtaining authorization from the landowner,Cortez and Aviles lawfully entered the property adjoining the Bundchen propertyand discreetly photographed the after-wedding celebration.7. Suddenly and while Cortez and Aviles were returning to theircar rented by AFP by Cortez and parked near the neighbor’s land where they hadtaken the photographs, a bodyguard employed by Brady and Bundchen approachedCortez and Aviles in a menacing and threatening manner. The bodyguard firstpresented himself as being a police officer, but refused to produce any proof of identification. He demanded Cortez’s camera and memory cards. Aviles managed torun off and escape. Cortez tried to do the same but was grabbed by the bodyguard,his arm twisted behind him and immobilized.8. The bodyguard was soon joined by five other men and Cortezwas released from his hold, but not allowed to leave. They constantly demandedCortez’s camera and memory cards. A few attempted to hit Cortez, although he wasable to move away before any punches were landed. One of them also identifiedhimself as the “head of security” and a police officer but refused to produceidentification on Cortez’s request.9. The men said that the people from the Bundchen-Brady familywanted to talk to Cortez. After further discussion, they told Cortez to get into his

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car. Cortez complied and was forced to drive to the Bundchen’s residence. He wasaccompanied by one of the men. They saw Aviles on the way, who re-joined Cortezin the car. Once at Bundchen’s residence, Cortez was asked by two additional mento give them his memory cards. After more conversation and an attempt from one of the men to enter the car and remove the cameras, Cortez and Aviles upon seeing adrawn gun in the hands of one of the bodyguards attempted to drive away from thescene. At that moment, one of the Brady/Bundchen bodyguards opened fire withpistols and shot at Cortez and Aviles who were in the SUV.10. One of the shots fired by the Brady/Bundchen bodyguard struckand shattered the rear window of the SUV, hit the front windshield and ricochetedoff of it into the driver’s seat. The bullet narrowly missed striking the heads of Cortez and Aviles.

The Parties

11. Cortez and Aviles are each a citizen of Costa Rica.12. Brady is a citizen of the United States of America and a residentof the State of New York, City of New York.13. Bundchen was born in Brazil but by virtue of her marriage toBrady and her residence and domicile in New York is considered for purposes of thislitigation to be a resident and domiciliary of the State of New York.14. AFP is a French autonomous entity with its principal place of business located in Paris, France.

Jurisdiction and Venue

15. This Court has jurisdiction over the person of defendants andplaintiff’s claims pursuant to 28 U.S.C. § 1332 and section 301 of the New YorkCivil Practice Law and Rules.

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