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IN THE UNITED STATES DISTRICT COURT


MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
MARCIA RICHARDSON and
JAMES RICHARDSON

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Plaintiffs,
v.
CONTEMPORARY SERVICES
CORPORATION
Defendant.

Case No.
JUDGE_____________
MAGISTRATE____________
JURY DEMAND

COMPLAINT
Plaintiffs James Richardson and Marcia Richardson, by and through counsel,
hereby state their claims against Defendant as follows:
PARTIES
1.

The Plaintiff, James Richardson (hereinafter Mr. Richardson), is a

citizen and resident of Tennessee.


2.

The Plaintiff, Marcia Richardson (hereinafter Mrs. Richardson), is a

citizen and resident of Tennessee.


3.

The Defendant, Contemporary Services Corporation (hereinafter

CSC) is a Foreign Corporation whose principal address is 17101 Superior St.,


Northridge, CA 91325-1961.

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SUBJECT MATTER JURISDICTION


4.

The parties to this action are citizens of different states, and the

amount in controversy, exclusive of interest and costs, exceeds $75,000.


5.

This Court has jurisdiction over the subject matter of this action

pursuant to 28 U.S.C.A. 1332.


6.

Venue is proper in this Court pursuant to 28 U.S.C.A. 1391.


FACTS

7.

On December 11, 2011, Marcia Richardson sustained a fall at a gate

while entering into LP stadium. The Richardsons have been loyal supporters of the
Tennessee Titans and have owned club seats since the stadium opened.
8.

On December 11, 2011, while entering Gate 7, Ms. Richardson was

tripped by a CSC worker who had either intentionally or inadvertently stepped into
the path of Ms. Richardson.
9.

At the previous game, Titans grocery bags were given out to fans,

including Ms. Richardson. On December 11, many of those same fans brought their
bags back filled with items such as blankets, jackets and other gear.
10.

The CSC guards searching bags were throwing out the Titans grocery

bags and refusing fans from taking them into the stadium. Ms. Richardson was one
of these fans who attempted to enter into the stadium with a Titans grocery bag.
Ms. Richardson was refused entry in line at Gate 7.
11.

Mr. Richardson had successfully entered the Gate and waited for his

wife. Ms. Richardson was hassled about her bag at the Gate, and ultimately allowed

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security to throw away the Titans grocery bag which allowed her to enter the
stadium. Ms. Richardson put on the coat that was in the bag, and carried the other
items.
12. As Ms. Richardson was finally admitted through the gate, the security
officer blocked part of the entryway where she tripped and fell. Mr. Richardson ran
and tried to catch her, but was unable. Ms. Richardsons head bounced off the
concrete.
13.

The guard who had caused the fall never even looked at the

Richardsons nor offered to help them as Ms. Richardson laid on the ground. People
were stepping over, and around Ms. Richardson as she laid on the ground. Mr.
Richardson protected her from further injury.
14.

The Richardsons were finally offered an ambulance, but Mr.

Richardson wanted to take her to the hospital himself. Unable to walk, Ms.
Richardson was placed in a golf cart and taken to their car in the parking lot. But,
Mr. Richardson could not get Ms. Richardson into his auto, so they requested an
ambulance which took her to Williamson Medical Center where she was treated for
her injuries.
15.

Ms. Richardson suffered substantial injuries. Unfortunately, Ms.

Richardson has suffered from various health issues which exacerbated the injuries
that she sustained at the gate. On December 11, 2011, Ms. Richardson broke her
patella and suffered trauma to her face which resulted in dental fractures, but
luckily no facial fractures.

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16.

As a result of the injuries, Ms. Richardson was immobile for

approximately 1 month. She missed many days of work and lost work productivity
during the time she was working from her home. Because of the time of year this
injury took place, December, she was unable to participate in Christmas or New
Year celebrations with family and friends. She had facial bruising almost 9 months
after the incident. She missed multiple Titans games. She was unable to attend
Vanderbilt basketball games, the Richardsons are long time holders of season
tickets. Her husband was forced to take time off of his job to attend to Ms.
Richardson. Ms. Richardson suffered greatly from pain as a result of the accident
and was forced to take narcotic pain medication.
17.

Ms. Richardson has Lupus. This trauma caused her Lupus to flare up.

Until such time, it had been under control for the most part, but the trauma caused
a severe flare up of the previously existing medical condition.
18.

Ms. Richardson had to do physical therapy to recover from the

incident. She was unable to golf for 4 months after the incident. She was unable to
drive for 6 weeks.
19.

Ms. Richardson would not have fallen but for the actions of the CSC

security guard at the stadium. Ms. Richardson clearly suffered much, both
physically and emotionally due to the negligence of the security guard. While her
frailty may have exacerbated her injuries, CSC is charged with the safety of all
patrons in the Titans stadium.

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COUNT I
Negligence
20.

Plaintiff reallege and reincorporate Paragraphs 1 through 19 of their

Complaint.
21.

CSC failed to use ordinary and reasonable care. Its employ failed to

provide a safe entry into the Titans Stadium by either intentionally or negligently
caused Ms. Richardson to fall which caused substantial damages to Ms. Richardson.

COUNT II
WILLFULL OR WANTON MISCONDUCT
22.

Plaintiffs reallege and reincorporate Paragraphs 1 through 21 of their

Complaint.

23.

CSC intentionally, with knowledge that serious bodily injury to

another may occur, or with wanton and reckless disregard for the possible results,
caused substantial damages to Ms. Richardson.
COUNT III
GROSS NEGLIGENCE
24.

Plaintiffs reallege and reincorporate Paragraphs 1 through 23 of their

Complaint.

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25.

With an utter lack of concern for the safety of Ms. Richardson, or with

an act done with such reckless disregard for the rights of Ms. Richardson that a
conscious indifference to the consequences can be implied by the jury, Ms.
Richardson suffered substantial damages.
COUNT III
RESPONDEAT SUPERIOR, NEGLIGENT HIRING, SUPERVISION, RETENTION,
and TRAINING
26.

Plaintiffs reallege and reincorporate Paragraphs 1 through 25 of their

Complaint.

27.

CSC, as the employer of the gate worker who injured Ms. Richardson,

CSC is responsible for its employees acts which give rise to this cause of action. CSC
is at fault for the acts of its employees and its own negligence in hiring, retaining,
supervision, and failure to train its employee who caused damages to Ms.
Richardson.

COUNT III
FAILURE TO RENDER AID
28.

Plaintiffs reallege and reincorporate Paragraphs 1 through 27 of their

Complaint.
29.

A special relationship existed between CSC and Ms. Richardson and

said relationship created a duty to render aid to Ms. Richardson. The duty to render

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aid created by the special relationship is the duty to use reasonable care under the
circumstances.
30.

CSC had a duty to render aid to Ms. Richardson and it failed to do so.

As a result, Ms. Richardson suffered substantial damages.


COUNT III
Loss of Consortium
31.

Plaintiffs reallege and reincorporate Paragraphs 1 through 30 of their

Complaint.
32.

Mr. Richardson is entitled to damages for loss of services and

consortium. Mr. Richardson has suffered damages as a result of the damages


suffered by his wife. This claim of Mr. Richardson is separate and independent of
Mrs. Richardson and can stand on its own if damages are proven against the
Defendant.

WHEREFORE, Plaintiffs respectfully request:


1. That this Court enter judgment for Plaintiffs and against Defendant for
compensatory and punitive damages in an amount to be proven at trial but not less
than $75,100 for each category of damages;
2. That this Court award Plaintiffs such other and further relief as to which
they are entitled;
3. That jury hear this case; and
4. That this Court tax all costs and expenses against the Defendant.

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Respectfully submitted,
__________________________
Kenneth R. Jones, Jr. (BPR #7278)
William B. Hawkins III (BPR #20117)
Jones Hawkins & Farmer, PLC
150 Fourth Avenue North, Suite 1820
Nashville, Tennessee 37219
(615) 726-0050 (phone)
(615) 726-5177 (fax)
kjones@joneshawkinsfarmer.com
whawkins@joneshawkinsfarmer.com
Counsel for James and Marcia Richardson

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IN THE UNITED STATES DISTRICT COURT


MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
MARCIA RICHARDSON and
JAME RICHARDSON,
Plaintiffs,
v.
CONTEMPORARY SERVICES
CORPORATION,
Defendant.

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Case No.: 3:12-1278

ANSWER
Defendant, Contemporary Services Corporation (CSC), answers the complaint as
follows, the numbers below corresponding with those in the complaint:
1.

Admitted, on information and belief.

2.

Admitted, on information and belief.

3.

Admitted.

4.

Admitted, on information and belief.

5.

Admitted.

6.

Admitted.

7.

Admitted.

8.

Denied, and strict proof thereof is demanded.

9.

CSC is without sufficient information to either admit or deny the allegation set

forth in paragraph 9 of the Complaint, and denies that said allegations are relevant to this
proceeding.

Case 3:12-cv-01278 Document 9 Filed 02/05/13 Page 1 of 5 PageID #: 28

10.

CSC denies that it was throwing out property belonging to fans. CSC admits

that, because of the size of the bags in question and at the direction of Tennessee Football, Inc.
d/b/a Tennessee Titans, CSC did not permit Ms. Richardson and other fans to enter LP Field with
Titans grocery bags in their possession. CSC denies that Ms. Richardson was refused entry in
line at Gate 7.
11.

CSC admits the allegations set forth in paragraph 11 of the Complaint, except for

the allegation that Ms. Richardson was ever hassled. CSC denies this allegation.
12.

Denied, and strict proof thereof is demanded.

13.

Denied, and strict proof thereof is demanded.

14.

CSC is without sufficient information to either admit or deny the allegations set

forth in paragraph 14 of the Complaint, except that it admits that it called medical staff to tend to
Ms. Richardson and admits that it offered an ambulance to transport Ms. Richardson to a
hospital.
15.

CSC is without sufficient information to either admit or deny the allegations set

forth in paragraph 15 of the Complaint.


16.

CSC is without sufficient information to either admit or deny the allegations set

forth in paragraph 16 of the Complaint.


17.

CSC is without sufficient information to either admit or deny the allegations set

forth in paragraph 17 of the Complaint.


18.

CSC is without sufficient information to either admit or deny the allegations set

forth in paragraph 18 of the Complaint.


19.

Denied, and strict proof thereof is demanded.

Case 3:12-cv-01278 Document 9 Filed 02/05/13 Page 2 of 5 PageID #: 29

20.

The allegations set forth in paragraph 20 of the Complaint require no response

from CSC.
21.

Denied, and strict proof thereof is demanded.

22.

The allegations set forth in paragraph 22 of the Complaint require no response

from CSC.
23.

Denied, and strict proof thereof is demanded.

24.

The allegations set forth in paragraph 24of the Complaint require no response

from CSC.
25.

Denied, and strict proof thereof is demanded.

26.

The allegations set forth in paragraph 26 of the Complaint require no response

from CSC.
27.

Denied, and strict proof thereof is demanded.

28.

The allegations set forth in paragraph 28 of the Complaint require no response

from CSC.
29.

Denied, and strict proof thereof is demanded.

30.

Denied, and strict proof thereof is demanded.

31.

The allegations set forth in paragraph 31 of the Complaint require no response

from CSC.
32.

Denied, and strict proof thereof is demanded.

Having now answered the individually numbered paragraphs of plaintiffs Complaint,


CSC states that it is not liable to plaintiffs under any theory of law, for the amount sued for or for
any amount. All allegations in the plaintiffs Complaint not herein admitted, explained or denied
are hereby denied.

Case 3:12-cv-01278 Document 9 Filed 02/05/13 Page 3 of 5 PageID #: 30

AFFIRMATIVE DEFENSES
1.

The plaintiffs Complaint fails to state a claim for which relief can be granted.

2.

Pursuant to the doctrine of comparative fault, CSC asserts that the plaintiffs

damages, if any, were caused by others, including but not limited to plaintiff, Marcia Richardson
and Tennessee Football, Inc. d/b/a Tennessee Titans. Tennessee Football, Inc. may be served
with process through its registered agent, CT Corporation System, whose address is 800 South
Gay Street, Suite 2021, Knoxville, Tennessee, 37929-9710.
Defendant, CSC reserves leave herein to plead such further and additional defenses as it
may have after further investigation into the facts of this case. Any allegations of the complaint
not heretofore admitted, explained, or denied, are here and now denied.
WHEREFORE, CSC prays for judgment dismissing this action with prejudice, for its
costs and expenses in this action.
Respectfully submitted this _____ day of ____________________________, 2013.

/s/ Christopher D. Cravens


Christopher D. Cravens, BPR No. 015171
Burrow & Cravens, P.C.
1700 Hayes Street, Suite 202
Nashville, Tennessee 37203
chrisdcravens@bellsouth.net
615-252-2502
Attorney for Contemporary Services
Corporation
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and accurate copy of the foregoing has been
served, via the method(s) indicated below, on all counsel:
( ) Hand ( ) Mail (

) Fax ( ) Fed. Ex. ( ) E-mail ( X ) Electronic

Kenneth R. Jones, Jr.

Case 3:12-cv-01278 Document 9 Filed 02/05/13 Page 4 of 5 PageID #: 31

William B. Hawkins, III


Jones Hawkins & Farmer, PLC
150 Fourth Avenue North, Suite 1820
Nashville, Tennessee 37219
Attorneys for James and Marcia Richardson
This _____ day of _________________________________, 2013.

/s/ Christopher D. Cravens

Case 3:12-cv-01278 Document 9 Filed 02/05/13 Page 5 of 5 PageID #: 32

Case 1:12-cv-09346-PAE Document 16 Filed 01/16/13 Page 1 of 10

John G. Balestriere
BALESTRIERE FARIELLO

225 Broadway, Suite 2900


New York, NY 10007

Telephone: (212) 374-5401


Facsimile: (212) 208-2613

E-mail: john.balestriere@balestriere.net
Attorney for Plaintiff
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK


ALBERT ELHIANI,
INDEX NO.: 12-CV-9346 (PAE) (AJP)

Plaintiff,
- against -

AMENDED COMPLAINT

PACHA NEW YORK,


EDDIE DEAN,

"JOHN DOE,"
RPM WORLDWIDE, INC., and

CONTEMPORARY SERVICES
CORPORATION,

Defendants.

Plaintiff Albert Elhiani ("Plaintiff" or "Elhiani"), by his attorneys, Balestriere

Fariello,

for

his

Complaint

against

Pacha

New

York

("Pacha"),

Eddie Dean ("Dean"), "John Doe" ("the Bouncer"), RPM Worldwide, Inc. ("RPM"), and
Contemporary

Services

Corporation

("Contemporary

Services,"

collectively,

"Defendants"), respectfully alleges as follows upon information and belief, except as to

allegations concerning Plaintiff, which are made upon personal knowledge, and except
as otherwise indicated herein:

Case 1:12-cv-09346-PAE Document 16 Filed 01/16/13 Page 2 of 10

PRELIMINARY STATEMENT

1.

The Bouncer inflicted great physical and emotional pain on Plaintiff

Elhiani on the morning of January 1, 2012, when he ruthlessly beat Elhiani and hurled a

series of obscenities and ethnic slurs at Elhiani without provocation. This incident took
place at event venue Pier 94 ("the Nightclub") in Manhattan during a New Year's Eve

party hosted by Defendant Pacha, a popular nightclub in Manhattan owned and


operated by Defendant Dean and his company, RPM. To ensure that order would be
preserved during the party, RPM had contracted Contemporary Services, a crowd
management company, which provided the Bouncer for that evening.

Under the

supervision of other Defendants, the Bouncer was supposed to supervise and preserve
order during the party, yet, he did just the opposite, assaulting a young man who had
demonstrated no signs of physical aggression.

2.

Several hours into the party, the Bouncer saw Elhiani making his way

through the club, and caught sight of the Star of David necklace that Elhiani was
wearinga piece of jewelry that many people wear to signify their Jewish identity. The
Bouncer, unprompted, grabbed Elhiani and forced him into an obscured area of the

Nightclub, where he violently ripped the Star of David necklace off of Elhiani's neck,

forced him to the ground, and then repeatedly beat and kicked him. While the Bouncer
attacked Elhiani, he hurled a slew of anti-Semitic insults and profanities at Elhiani.
3.

The Bouncer's attacks left Elhiani all but unconscious.

A witness saw

Elihani's limp body in the hallway, where the Bouncer had left him, and the witness
took him to a hospital. There, Elhiani was told that he had a sprained ankle and had
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sustained bruising to nearly every part of his body. Elhiani experienced pain for weeks
after the incident, as well as lasting emotional pain and damage to his career.
JURISDICTION AND VENUE

4.

This Court has subject matter jurisdiction over this action pursuant to 28

U.S.C. 1332 because the amount in controversy exceeds $75,000, exclusive of interest
and costs, and Plaintiff and Defendants are citizens of different states.

5.

This Court also has personal jurisdiction over this action because Pacha

New York and Pier 94 are based in New York, Eddie Dean and RPM Worldwide, Inc.

do business in New York, and the Bouncer is employed in New York by Contemporary
Services Corporation.

6.

Venue is properly laid in the Southern District of New York, under 28

U.S.C. 1391(a), since a substantial part of the events giving rise to the claims occurred
in this District.
PARTIES

Plaintiffs

7.

Albert Elhiani is a recent graduate of the University of Southern California

("USC") and will soon be attending medical school. He is also an employee at USC'S
Keck School of Medicine ("Keck Medicine") and an employee at Lew El Properties, a
property management company. He resides in Beverly Hills, California.
Defendants

8.

Pacha New York is a nightclub located in New York, which hosts events

throughout the year at various venues in New York City.

Case 1:12-cv-09346-PAE Document 16 Filed 01/16/13 Page 4 of 10

9.

Eddie Dean is the owner of Pacha New York and the owner of RPM

Worldwide, Inc.
10.

"John Doe" is a bouncer whom RPM Worldwide, Inc. had contracted

through Contemporary Services Corporation to supervise a New Year's Eve party from
the evening of December 31, 2011 through the morning of January 1, 2012.
11.

RPM Worldwide, Inc. is a dance-focused marketing and management

group owned by Eddie Dean.


12.

Contemporary Services Corporation is a company that provides crowd

management and guest services at entertainment and sporting events.


STATEMENT OF FACTS

13.

On December 31, 2011, Elhiani, along with several friends, attended a

New Year's Eve party at Pier 94, a special event venue in New York City. The host of
the party that night was Pacha, a well-known nightclub in New York City owned by

Dean, who is a longtime influencer in the nightclub industry.


14.

Elhiani, then a 21-year-old student at USC and an employee at both Keck

Medicine and at Lew El Properties, had traveled to New York from his hometown in

California to attend the event, for which he had long been saving money. Known as a
highly conscientious and hard-working individual, Elhiani was looking forward to an

enjoyable night in New York City. Gentle-mannered, Elhiani never had confrontations
with others, let alone a violent struggle with another individual. He has always been a

well-respected member of his community.

Case 1:12-cv-09346-PAE Document 16 Filed 01/16/13 Page 5 of 10

15.

Several hours into the party, the Bouncer saw Elhiani, and he caught sight

of the Star of David necklace that Elhiani was wearinga symbol of Elhiani's Jewish
identity. The Bouncer grabbed Elhiani and dragged him into an obscured area in the

Nightclub, where he grabbed Elhiani's throat and yanked the necklace off of Elhiani's
neck.

He threw Elhiani to the floor while screaming profanities and racial slurs at

Elhiani, embarking on an anti-Semitic attack as he called Elhiani such names as a "filthy


Jew."

16.

The Bouncer, a man physically larger than Elhiani, overpowered Elhiani

as he repeatedly kicked Elhiani in the torso and abdomen. Elhiani made no attempts to

resist the Bouncer. Having grown up in a sheltered environment, where such violence
is condemned, Elhiani had no experience with fighting.

17.

Rather than relenting after several minutes of such attacks, the Bouncer

became increasingly ruthless.

At one point, he jerked Elhiani up by his waist and

ripped Elhiani's leather jacket off before throwing him onto the floor once again and
continuing to kick him in the chest and arms. He dragged Elhiani's limp body through
the hallway, leaving Elhiani alone on the ground and all but unconscious.
18.

A witness saw Elhiani lying on the floor.

Observing that Elhiani was

barely conscious, the witness dragged Elhiani into a cab, and transported him to the
emergency room at NYU Langone Medical Center.

Unfortunately, the hospital was

packed with gunshot victims and the like, so Elhiani was transported to South Nassau

Communities Hospital in Oceanside, New York.

Case 1:12-cv-09346-PAE Document 16 Filed 01/16/13 Page 6 of 10

19.

At the hospital, doctors notified Elhiani that he had sustained a sprained

ankle as well as bruising all over his body. He was prescribed 600 milligrams of Motrin,
an MRI, and was advised to follow up several days later.

In the weeks following the

incident, Elhiani suffered severe neck and back pain, bruising along the entire left side

of his body, as well as radiating pain, persistent weakness, and numbness in his left leg.
20.

The incident not only left Elhiani with lasting physical injuries, but it also

caused him significant emotional harm.

Elhiani was raised in the Orthodox Jewish

faith, which condemns such unjustified acts of violence. He has always been a strong
adherent to his religion, known for his commitment to the Jewish principles of
benevolence and helping others. He was elected president of his Orthodox Jewish high
school because his classmates looked to him as someone capable of maintaining peace
and mediating conflicts.

21.

When Elhiani found himself at the center of a conflict at the Nightclub

an ordeal that he had never dealt with beforehe experienced serious psychological
trauma, particularly in light of the notion that the Bouncer had attacked Elhiani for his

beliefs. In an attempt to come to terms with the trauma, Elhiani spoke with rabbis and
with family members at great length.
22.

The

emotional

repercussions for his career.

and

physical

trauma

that

Elhiani

experienced

had

At the time of the incident, Elhiani was a successful

employee at both Keck Medicine and at Lew El Properties.

He had received several

commendations for his research at Keck Medicine, specifically for his studies in the

development of green tea extract as a cure for cancer. Yet, as a result of the incident,
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Elhiani had difficulty concentrating, and his physical injuries made it difficult for him to
keep himself steady at his job at Keck Medicine.

Elhiani was unable to work for a

period of about ten weeks.

23.

Furthermore, Elhiani was unable to focus at school, which affected his

grades and his ability to take the entrance exam for medical school. To this day, Elhiani

remains traumatized by the incident, unable to comprehend why he had been the

victim of an attack at the hands of an individual who, true to Elhiani's nature, he had
treated with nothing more than respect.
FIRST CAUSE OF ACTION
VIOLATION OF NEW YORK CIVIL RIGHTS LAW 79-N

24.

Plaintiff repeats and realleges the allegations made above as if fully set

forth herein.

25.

On the morning of January 1, 2012, the Bouncer at Pier 94 saw Elhiani

making his way through the Nightclub, and caught sight of the Star of David necklace
that Elhiani was wearinga piece of jewelry that many people wear to signify their

Jewish identity. The Bouncer grabbed Elhiani and forced him into an obscured area of
the Nightclub, where he violently ripped the Star of David necklace off of Elhiani's

neck, forced him to the ground, and then repeatedly beat and kicked him. While the
Bouncer attacked Elhiani, the Bouncer hurled a slew of anti-Semitic insults and
profanities at him. The Bouncer's attacks nearly left Elhiani unconscious.

26.

The Bouncer intentionally selected Elhiani for harm because of Elhiani's

Jewish religion - a religion which the Bouncer perceived as loathsome - as indicated by

Case 1:12-cv-09346-PAE Document 16 Filed 01/16/13 Page 8 of 10

the fact that the Bouncer attacked Elhiani immediately upon seeing the Star of David
necklace on Elhiani's neck, as well as by the fact that the Bouncer made a slew of antiSemitic remarks while he attacked Elhiani, including, but not limited to, that Elhiani
was "a filthy Jew."
SECOND CAUSE OF ACTION
TORTIOUS BATTERY

27.

Plaintiff repeats and realleges the allegations made above as if fully set

forth herein.
28.

On the morning of January 1, 2012, the Bouncer at Pier 94 forced Elhiani

into an obscured area of the Nightclub where few people were present.

There, the

Bouncer engaged in intentional wrongful physical contact with Elhiani when he kicked

Elhiani in the torso and abdomen while hurling profanities and ethnic slurs at him.
29.

Additionally, the Bouncer ripped articles of clothing off of Elhiani's body

and, after several minutes of such attacks, the Bouncer dragged Elhiani's limp body into
an area where presumably no one would be able to find him, and left Elhiani there,
barely conscious.

30.

At no point during the interaction between the Bouncer and Elhiani did

Elhiani consent to any form of physical contact with the Bouncer.


THIRD CAUSE OF ACTION

TORTIOUS ASSAULT

31.

Plaintiff repeats and realleges the allegations made above as if fully set

forth herein.

Case 1:12-cv-09346-PAE Document 16 Filed 01/16/13 Page 9 of 10

32.

On the morning of January 1, 2012, the Bouncer at Pier 94 repeatedly

kicked, beat, and dragged Elhiani's body into an obscured area of the Nightclub. As the
Bouncer attacked Elhiani, he hurled a series of ethnic slurs and threats at Elhiani,

making clear that his attacks were fueled by hatred and anti-Semitism.
33.

The Bouncer, in light of his unprovoked physical attacks, ethnic slurs, and

threats, intentionally placed Elhiani in apprehension of imminent harmful contact with


the Bouncer.
FOURTH CAUSE OF ACTION

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS


34.

Plaintiff repeats and realleges the allegations made above as if fully set

forth herein.
35.

On the morning of January 1, 2012, upon seeing Elhiani's Star of David

necklacea symbol of Elhiani's Jewish faith the Bouncer grabbed Elhiani's throat,
ripped the necklace off of Elhiani's neck, and then proceeded to punch, kick, and drag
Elhiani's body while screaming profanities and anti-Semitic slurs at Elhiani.

Elhiani

was left nearly unconscious as a result of the attacks, and he had to be hospitalized.
36.

The Bouncer, in committing the above acts which were fueled by his

hatred and anti-Semitismdisplayed extreme and outrageous conduct.

37.

In light of his physical and psychological attacks, the Bouncer made clear

that he intended to cause Elhiani severe emotional distress.

38.
distress.

As a result of the Bouncer's actions, Elhiani endured severe emotional


Upon

returning

to

California,

Elhiani

was

unable

to

carry

out

his

Case 1:12-cv-09346-PAE Document 16 Filed 01/16/13 Page 10 of 10

responsibilities at his two jobs, resulting in his not working for a period of at least ten

weeks. He was also unable to focus at school, which affected his grades and his ability
to take the entrance exam for medical school. To this day, he remains traumatized by

the incident.
PRAYER FOR RELIEF

WHEREFORE, by reason of the foregoing, Plaintiff demands for judgment


against Defendants as follows:

A.

Lost earnings, compensatory damages for emotional distress, and punitive

damages in amounts to be determined at trial, plus attorneys' fees, costs, and interest;
B.

Compensatory damages for the Tortious Battery and Tortious Assault that

was inflicted upon Plaintiff against his will;

C.

Attorneys' fees and costs of suit; and

D.

Such other and further relief as the Court deems just and proper.
DEMAND FOR TURY TRIAL

Plaintiff respectfully demands a trial by jury for all issues so triable in this action.

Dated: January 16,2013


New York, NY

file: (21
I: john.l
Attorney for Plaintiff
10

esrriere.net

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