NAILAH K.

BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113

Court of Common Pleas

New Case Electronically Filed: COMPLAINT

October 5,2021 13:55

By: LARRY W. ZUKERMAN 0029498

Confirmation Nbr. 2368391

MAX LEONARD MILLER CV 21 953971

vs.
Judge: EMILY HAGAN
STEPHANIE ANN GRISHAM

Pages Filed: 12

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 Common Pleas Court of Cuyahoga County, Ohio

DESIGNATION FORM TO BE USED TO INDICATE THE CLASSIFICATION OF THE CAUSE

Max L. Miller Case Number:

Plaintiff Date: ra/aa/aaar
Vs.
Stephanie A. Grisham

Defendant

Has this case been previously filed and dismissed? Yes No H

Case #: Judge:

Is this case related to any new cases now pending or previously filed? Yes No H
Case #: Judge:

CIVIL CLASSIFICATIONS: Place an (X) In ONE Classification Only.

Professional Torts: Foreclosures:

1311 Medical Malpractice Utilize Separate Foreclosure Designation Form
O 1315 Dental Malpractice
1316 Optometric Malpractice Commercial Docket:
1317 Chiropractic Malpractice O 1386 Commercial Docket
1312 Legal Malpractice 1387 Commercial Docket with Foreclosure
1313 Other Malpractice
Administrative Appeals:
Product Liability: O 1540 Employment Services
1330 Product Liability 1551 Other

Other Torts: Other Civil:

1310 Motor Vehicle Accident O 1500 Replevin/Attachment
1314 Consumer Action 1382 Business Contract
S 1350 Misc. Tort O 1384 Real Estate Contract
O 1388 Consumer Debt
Workers Compensation: O 1390 Cognovit
1550 Workers Compensation O 1391 Other Contracts
1531 Workers Comp. Asbestos O 1490 Foreign Judgment
1491 Stalking Civil Protection Order
1501 Misc. Other
O 1502 Petition to Contest Adam Walsh Act
1503 Certificate of Qualification for Employment

Amount of Controversy: Parties have previously attempted one of the

None Stated following prior to filing:
d Less than $25,000 Arbitration
Prayer Amount Early Neutral Evaluation
Mediation
None

I certify that to the best of my knowledge the within case is not related to any now pending or previously filed, expect as noted above.
Zukerman, Lear & Murray Co., LPA LarryW.ZukermamEsq.
Firm Name (Print or type) Attorney of Record (Print or Type)
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Address Supreme Court #
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Address Email Address
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Phone Signature

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 1

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IN THE COURT OF COMMON PLEAS
3 CUYAHOGA COUNTY, OHIO

4
MAX LEONARD MILLER CASE NO.:
5 12 Chippenham Court
Rocky River, Ohio 44116, JUDGE:
6

7 Plaintiff,

8 -vs-
VERIFIED
9
STEPHANIE ANN GRISHAM COMPLAINT FOR TEMPORARY,
10 502 S. Madison Street PRELIMINARY AND PERMANENT
Plainville, KS 67663, INJUNCTIVE AND OTHER RELIEF
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Defendant. (JURY DEMAND ENDORSED HEREON)
12

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Now comes Plaintiff MAX LEONARD MILLER, by and through undersigned counsel Larry
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W. Zukerman, Esq,, S. Michael Lear, Esq., Brian A. Murray, Esq., and Adam Brown, Esq., an^for
15
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16 his Complaint for Temporary, Preliminary and Permanent Injunctive and Other Relief against
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Defendant STEPHANIE ANN GRISHAM, hereby states and avers as follows: CM

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THE PARTIES O
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1. Plaintiff MAX LEONARD MILLER (hereinafter referred to as "Plaintiff") is a resident
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21 of the City of Rocky River, County of Cuyahoga, State of Ohio. h­

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22 2. Defendant STEPHANIE ANN GRISHAM (hereinafter referred to as, "Defendant
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Grisham") is, on information and belief, an out-of-state resident, currently residing in Plainville,
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25 Kansas.
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26 PERSONAL JURISDICTION AND OUT-OF-STATE SERVICE LO
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3. This Court can exercise personal jurisdiction over Defendant Grisham pursuant to
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one or more subsections set forth in R.C. 2307.382, entitled Personal jurisdiction, including but
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ZU KERMAN 3912 PROSPECT AVE. 216.696.0900 ZUKERMAN LEAR & MURRAY CQ>A
CLEVELAND, OHIO 44115 216.696.8800

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 not limited to, R.C. 2307.382(A)(6), as the causes of action set forth herein arose from Defendant

Grisham "[c]ausing tortious injury in this state to any person [Plaintiff] by an act outside this state

committed with the purpose of injuring persons, when the person [Defendant Grisham] might

reasonably have expected that some person would be injured thereby in this state”.

4. Service of process may be made upon Defendant Grisham outside of this state

pursuant to one or more subsections set forth in Civ.R. 4.3, including, but not limited to, Civ.R.

4.3(A)(9), as Defendant Grisham caused "tortious injury in this state to any person [Plaintiff] by

an act outside this state committed with the purpose of injuring persons, when the person to be

served [Defendant Grisham] might reasonably have expected that some person would be injured

by the act in this state”.

VENUE

5. Venue is proper in this Court pursuant to one or more subsections set forth in

Civ.R. 3, including, but not limited to, Civ.R. 3(C)(7), as the within action constitutes an action

"described in Civ.R. 4.3” and as Plaintiff resides in Cuyahoga County, Ohio.

FACTS

6. Plaintiff was a former aide for the 45th President of the United States, Donald John

Trump.

7. Plaintiff is currently a candidate for the Republican nomination for a seat in the

United States House of Representatives for Ohio's 16th Congressional District, in the 2022

election.

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 8. Defendant Grisham was a former White House official who served as White House

Press Secretary, Communications Director and Chief of Staff and Press Secretary for the first lady

of the United States, Melania Trump.

9. Defendant Grisham is the author of a book entitled "I'll Take Your Questions Now:

What I Saw at the Trump White House”, which was released on October 5, 2021.

10. Defendant Grisham is currently promoting her book by sitting for interviews that

have been and will be broadcast nationwide.

11. As part of her book promotion, on October 5, 2021, Defendant Grisham authored

a written article that was published online by the Washington Post entitled "Opinion: Stephanie

Grisham: I told the Trumps my relationship with a White House staffer had turned abusive. They

didn't seem to care”, hereinafter, "the article”.

12. The article is replete with libelous and defamatory false statements about Plaintiff.

13. The article references Defendant Grisham's "relationship with my boyfriend, a

fellow White House staffer”. It is widely publicly known that the person referred to in the article,

i.e., Defendant Grisham's previous "boyfriend” and "fellow White House staffer” is Plaintiff. In

fact, Defendant Grisham highlights this by stating in her article that "Trump has endorsed my ex's

bid for Congress”.

14. Within the article, Defendant Grisham writes numerous false and defamatory

statements about Plaintiff, including, but not limited to, "the relationship turned abusive”; "the

end of our relationship had become violent”; "he got physical with me”; "I confided the same

story about the physical abuse”; and "this 'great guy' had anger issues and a violent streak”.

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 15. Defendant Grisham's actions in authoring and/or publishing to third parties the

article was committed with the purpose of injuring Plaintiff, under circumstances whereby

Defendant Grisham might reasonably have expected that Plaintiff would be injured thereby in

the State of Ohio.

COUNT ONE
Defamation Per Se (Libel)

16. Plaintiff hereby reaffirms, reiterates, and incorporates by reference each and every

allegation set forth in paragraphs 1 through 15 of this Complaint as if fully restated herein.

17. Defendant's written statements about the Plaintiff in the article in which she falsely

alleged that Plaintiff assaulted and/or abused the Defendant, at any time or in any way, were

false and constitute defamation per se, as the false statements accuse Plaintiff of a crimes of

moral turpitude (domestic violence/ domestic abuse), and caused special harm to the Plaintiff.

18. These false and defamatory statements made by Defendant about Plaintiff were

published to third parties, including, but not limited to, The Washington Post and its millions of

readers, without privilege.

19. Defendant published, without privilege these false and defamatory statements about

Plaintiff to third parties, The Washington Post and its millions of readers, with actual malice

against Plaintiff, in retaliation for her failed relationship with Plaintiff, in retaliation against those

associated with the Trump Administration for her failed stint as White House Press Secretary, in

a malicious attempt to secure personal financial gain by selling more books, and/or for other

reasons to be revealed at trial.

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 20. Defendant published these false and defamatory statements about Plaintiff to third

parties, knowing that the statements were false, with actual malice, and with the purpose of

causing harm to Plaintiff.

21. Actual malice and damages are presumed in an action for defamation per se and

therefore the Plaintiff need not prove actual damages. See JP v. TH, 2020 Ohio 320 at 10 - Ohio:

Court of Appeals, 9th Appellate Dist. 2020. Nevertheless, Plaintiff submits that Defendant's

malicious and tortious conduct has caused him damages, to be further established, at trial.

COUNT TWO
Punitive Damages

22. Plaintiff hereby reaffirms, reiterates, and incorporates by reference each and every

allegation set forth in paragraphs 1 through 21 of this Complaint as if fully restated herein.

23. As noted above, actual malice and damages are presumed in an action for defamation

per se and therefore the Plaintiff need not prove actual damages. See JP v. TH, 2020 Ohio 320 at

10 - Ohio: Court of Appeals, 9th Appellate Dist. 2020.

24. In publishing these false and defamatory statements about Plaintiff, without privilege,

to third parties, including The Washington Post and its millions of readers, Defendant acted with

malice, as Defendant acted with a state of mind under which a person's conduct is characterized

by hatred, ill will or a spirit of revenge or Defendant acted with a conscious disregard for the

rights and safety of Plaintiff that had a great probability of causing substantial harm to Plaintiff.

25. Accordingly, Plaintiff is entitled to an award of punitive or exemplary damages,

pursuant to R.C. 2315.21 and/or pursuant to common law.

26. Plaintiff prays for an award of punitive or exemplary damages against the Defendant

because the Defendant has acted with malice as set forth herein and/or as Defendant has acted

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 with “ill-will, vengefulness, hatred, or [in] reckless disregard of plaintiffs' rights.” See Gosden v.

Louis, 116 Ohio App. 3d 195 (9th Dist. 1996).

COUNT THREE
Preliminary and Permanent Injunctive Relief

27. Plaintiff hereby reaffirms, reiterates, and incorporates by reference each and every

allegation set forth in paragraphs 1 through 26 of this Complaint as if fully restated herein.

28. As a result of Defendant's actions as set forth herein, Plaintiff has suffered, and

continues to suffer, damages, as more fully detailed herein

29. Plaintiff is likely to prevail on the merits of the within action and has made a strong

showing of said likelihood.

30. Plaintiff has established that without injunctive relief, Plaintiff will continue to suffer

immediate and irreparable harm, for which he has no adequate remedy at law, as without

injunctive relief, Defendant will continue to publish false and defamatory statements about

Plaintiff, without privilege, to third parties, as she has done previously, thus causing Plaintiff

additional and future harm.

31. Issuance of injunctive relief will not substantially harm Defendant herein and/or will

not result in any harm to the public.

32. This action for preliminary and permanent injunctive relief has, accordingly, been

commenced by Plaintiff, contemporaneously with a Motion for a Temporary Restraining Order

and Preliminary Injunction, pursuant to Rule 65 of the Ohio Rules of Civil Procedure and the

provisions of Chapter 2727 of the Ohio Revised Code and the common law of Ohio.

33. Plaintiff seeks preliminary and permanent injunctive relief, and thus requests this

Honorable Court to issue an Order compelling, restraining, and/or enjoining Defendant from

Electronically Filed 10/05/2021 13:55 / / CV 21 953971 / Confirmation Nbr. 2368391 / CLJSZ

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 continuing to defame the Plaintiff by publishing without privilege false and defamatory

statements to third parties that Plaintiff engaged in any assault, abuse, violence and/or any other

criminal act against her, including but not limited to, telling others that Plaintiff assaulted, hit,

smacked, pushed, and/or otherwise abused her at any time.

34. Furthermore, Plaintiff seeks preliminary and permanent injunctive relief, and thus

requests this Honorable Court to issue an Order compelling, restraining, and/or enjoining

Defendant from posting on the internet, including any and all social media websites, and/or

sending any electronic communications, including but not limited to text messages and/or

emails, any further and additional false and defamatory statements about the Plaintiff that could

be viewed by any other individual, including but not limited to any statements suggesting that

Plaintiff engaged in criminal conduct against her, specifically including but not limited to,

publishing to third parties, without privilege, that Plaintiff assaulted, hit, smacked, pushed,

and/or otherwise abused her at any time.

35. On information and belief, the Defendant is preparing to be interviewed on October

5, 2021 at 4:00p.m. by Jake Tapper on CNN and, subsequently by Chris Cuomo, also on CNN,

wherein she intends to further defame and slander Plaintiff by making additional false allegations

of criminal conduct (such as assault and/or domestic abuse) against Plaintiff, to bolster the false

allegations of criminal conduct against Plaintiff set forth in her Washington Post article. The

Defendant's interviews with Tapper and Cuomo on CNN, will be broadcast to millions of viewers

worldwide.

WHEREFORE, based on the foregoing, Plaintiff hereby demands judgment against

Defendant STEHPANIE GRISHAM as follows:

Electronically Filed 10/05/2021 13:55 / / CV 21 953971 / Confirmation Nbr. 2368391 / CLJSZ

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 A. INJUNCTIVE RELIEF. As to Count Three, Plaintiff hereby demands a preliminary

and/or permanent injunction prohibiting, enjoining, and/or restraining Defendant STEHPANIE

GRISHAM from the following:

1) Publishing false and defamatory statements about Plaintiff, without privilege, to

any non-privileged third party including, but not limited to, making any statements

to said non-privileged third parties that Plaintiff engaged in any assault, abuse,

violence and/or any other criminal act against her, including but not limited to,

telling others that Plaintiff assaulted, hit, smacked, pushed, and/or otherwise

abused her at any time.

2) Publishing false and defamatory statements about Plaintiff, without privilege, to

any non-privileged third party including, but not limited to, orally stating, writing,

publishing, posting, blogging, and/or posting any message, whatsoever, about

and/or concerning Plaintiff on the internet, including any news media outlets'

websites, any “social media” internet sites including, but not limited to, twitter,

Instagram, facebook, and/or any other internet site or cellular phone

“application” or “app” including, but not limited to, posting any content on any

such internet site and/or application and/or app that Plaintiff engaged in any

assault, abuse, violence and/or any other criminal act against her, including but

not limited to, telling others that Plaintiff assaulted, hit, smacked, pushed, and/or

otherwise abused her at any time.

3) Publishing false and defamatory statements about Plaintiff, without privilege, to

any non-privileged third party including, but not limited to, writing and/or

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 communicating by any electronic means, including, but not limited to: text

messaging, electronic mail (e-mail), fax transmission, facebook instant messaging,

Instagram instant messaging, and/or any other form of electronic communication

any information relating to Plaintiff that Plaintiff engaged in any assault, abuse,

violence and/or any other criminal act against her, including but not limited to,

telling others that Plaintiff assaulted, hit, smacked, pushed, and/or otherwise

abused her at anytime.

Plaintiff further demands an award including costs of this action, attorneys fees, and/or

any and all other relief which this Honorable Court deems just and equitable.

B. OTHER CAUSES OF ACTION: With respect to Counts One, and/or Two, Plaintiff

prays for judgment against Defendant STEPHANIE GRISHAM as follows: n

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1) An award of compensatory damages in excess of $25,000.00;
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2) An award of punitive and/or exemplary damages in an amount equal to^he

statutory maximum;
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3) Interest at the statutory rate from the date of judgment;
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4) Costs of this action, including attorney's fees;
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5) And any and all other relief which this Honorable Court deems just and equitable.
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S. MICHAEL LEAR, Esq. (#0041544)

BRIANAMURRAY, Esq. (#0079741)

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 ADAM M. BROWN, Esq. (#0092209)
ZUKERMAN, LEAR & MURRAY CO., L.P.A.
3912 Prospect Avenue
Cleveland, Ohio 44115
(216) 696-0900 phone
(216) 696-8800 fax
lwz@zukerman-law.com
sml@zukerman-law.com
bam@zukerman-law.com
amb@zukerman-law.com
Counsel for Plaintiff

JURY DEMAND

Now comes the Plaintiff, by and through counsel, and respectfully requests a trial of the
within matter by a jury composed of the maximum number of jurors permitted by law.

CV 21 953971 /Confirmation Nbr. 2368391 /CLJSZ

S. I^IICHAELJ^AR, Esq.

BRI'^N A.ZMURRAY, Esq.

ADAM M. BROWN, Esq.

ElectronicallyFiled10/05/2021 13:55/ /

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 VERIFICATION

I, MAX MILLER declare that I am the named Plaintiff herein, and that I have read the

Complaint and know the contents thereof, and that the same are true and correct to the best of

my knowledge.

CV 21 953971 /Confirmation Nbr. 2368391 /CLJSZ

STATE OF OHIO :
COUNTY OF CUYAHOGA :

Sworn to before me and subscribed in my presence of this Sth day of October 2021.
0/03/2021 13:55/ /

. ADAM BROWN
Attorney At Law
,= NOTARY PUBLIC
d1

f STATE OF OHIO
e

/ My Commission Has
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/ No Expiration Date
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Section 147.03 O.R.C.

Electronica

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