doe v. dirty world, llc - complaint

8/2/2019 Doe v. Dirty World, Llc - Complaint

http://slidepdf.com/reader/full/doe-v-dirty-world-llc-complaint 1/9

CIVlL ])JSTRICT COUR1.~}i'OR THE )tARISH OF ORLI'~ANS S E C T IO N 1

.JAN~~HOE

VERSUS

DIRTY \\'ORI~]), r.r.c d/b/a THEDIRTY.COM d/b/a THEOIRT'Y ARMY. COM

and HOOMAN KARAMJAN a/k/a CORBIN GRIMES a/l'/~:NIJl( F!I<:HIE, .fAMESGRIHNA.~ JOHN GRD~NA, ;!lDlIl FRANK ])IMAGGIO, STIJ:PHANIEEUSTIS,

CHRISTINE ANDR€'VS, and ANDID::A MCMILLAN,~:AI~N~.

FILJ~D: , _

PETITION ,FOR DAI\o1AGES AND INJlTNC11VJH'U~LIEF- _ . ._----_.. ,

NOW INTO COURT, comes plaintiff, who files herein wider the name JANE

DOE to protect her identity, files this petition for damages and request for injunctive

relief against Df.RTY WORLD, LLC, which does business as the dirty.corn and

thedirtyarmy.com (referred to as "dirty world"); HOUMAN KABbf'\tlIAN whll is also

. ..

known as CORBIN GRIMES and NIK RlCHIE (referred tij"ar.; ":Richitr). JAMES

GRDINA; JOHN GRDD-.lA; FRANK DIMAGGIO; STEPHANl~: EUSTIS; CHRISTINE

ANDRE'IVS: and ANDREA MCI\llLLAN GAIENl-lE, to recover- legal and equitable

relief from defendants' violation ofPlaintiff's right to privacy, Defendant's copyright

Infringement for posting a private nude photograph without permission of the

photographer or the Plaintiff, Defendant's intentional infliction, ,o f emotional distress

upon Plaintiff, and Defendants' civil conspiracy for the unauthorized publication and

ratification of defamatory and embarrassing private facts on a public website owned and

operated by defendants named herein and unlawfully taken from-the privatee-mai! of

Plaintiff without authority by defendants. Plaintiff is entitled to injunctive relief and an

award of damages on account of Defendants' acts and omissions.

PARTIES

I. Plaintiff, whose identity is kept anonymous, is an ind:i."~~~VJ,i!¥hoi~ a resident

of the Parish of Orlean s, State of Louisiana.

2. Dirty World, LLC d/b/a The Dirty.com and/or TheDirtyArmy.com

(hereinafter sometimes collectively referred to as~""Dijty'Wotld") is a

corporation organized under the laws of the State of Delaware. Dirty WorJd



has its principal place of business in Arizona at 1t~45 E. Greenway Rd., Unit

221, Phoenix, AZ 85032·4678. At all times material hereto, Duty World was

acting by or through its authorized agentts), employeets), representat.vets) or

O\NI1er(s) .

3. Hooman Karamain a/k/a Corbin Grimes a/k/a Nik Richie, is an individual and

citizen of the State of Arizona. Richie owns and operates the website

thedirty.com. Richie is also a frequent contributor to the website, posting his

own comments about the photographs posted on his website regarding third

parties.

4, James Grdina is an individual and citizen of the State of Arizona, James

Grdina owns and.operates the website thedirty.com.

5. John Grdina, is an individual and citizen of the State of Arizona. James

Grdina owns and operates the website thedirty.corn.

o . Frank Dilvlaggio, is an individual and citizen of the State of Arizona, James

Grdina owns and operates the website thedirty.com.

~,I. Stephanie Eustis, a person of the full age of majority and resident of tile State

of Texas,

8. Christine Andrews, a person of the full age of majority and , resident of the

Parish of Orleans, State of Louisiana.

9. Andrea McMillan Gaienne, a person of the full age of majority and resident of

the State of Mississippi,

JURISDICTION AND VI~NUE

10. Jurisdiction and venue are propel" in this court as at least in part, the events

giving rise to Plaintiff's cause of action occurred in the Parish of Orleans State

of Louisiana,

87 ATEMF,NT 0.' It'ACT

11. Upon information and belief, in January or February 2012, defendants,

Stephanie Eustis, Christine Andrews, Andrea Md.1ilhl.l1 Gaienne, unlawfully

and without permission, obtained access into the private e-mail of Plaintiff. It

is unknown how these defendants hacked into the private e-mail of Plaintiff.

Once in the private e-mail of Plaintiff, defendants removed private



photographs and Information stored in said e-mail without the permission or

authority of Plaintiff.

12. DiJ1y world, Richie, James Grdina, John Grdina and Frank DiMaggio own and

operate a website, thedirty.corn, It was originated by Richie in 2007, who

bills himself on the website as "the world' s first e ver reality blogger." In its

infancy the content of the site was largely creared by Richie, Today, however.

the majority of the material appearing on the sire is comprised of submissions

to the sire by third party users.

1J. Defendants' website is published for public consumption and is accessible by

the public throughout the country lind the world.

l·t Those visiting thedirty com website are presented with several options: they

can purchase tee-shirts ami other merchandise, read numerous advertisements,

look at hundreds of different pictures and comments about people from

different parts of the county, or submit material to the site to be considered for

consideration.

15. The main attraction to the website is the hundreds of different pictures and

comments also referred to as "posts" or "dirt." Everyone visting thedirty.corn

is invited to submit dirt merely by clicking 0~.1the "submit dirt" link and filing

out a brief form. The on.ine fonn provided by thedirty.com has several boxes

that must be filled in by the person submitting the "dirt" such as "Your Post

Title", "Your Name", "Phone Number" and ..email address".

16. Richie responds to third party posts and publishes his own comments on his

subjects under discussion,

17. One can also submit photographs and provide comments about said

photographs.

18. The t... ebsite :lUOWS users to post and search posts in "categories" such as

cities. colleges, etc., including New Orleans.

19. Defendants' do not passively display third party contents, In order to post

information en thedirty.corn, Defendants provide an interface allowing the

uploading of photos, entering of comments and a variety of drop down menus.

Defendants then review the third party content and edit the content fer



publication. The final pest to the website Is H collaborative effort between

defendantsand the third patty who submitted the original content.

20, Defendants rna-main complete control and influence over the »ontent

published on the website, -hedirty.com.

21. Information posted on thedirty.com is encouraged to be dercgatory and

defamatory. Defendants have designed the portal to allow the posting of

defamatory material and the set up and execution (If the website's function

induces defamatory material to be:posted.

22. A disclaimer appearing at the bottom of the site slates: Thefrirty.corn, The

world's first reality blogger is all about gossip and satire. The content that is

published contains rumors, speculation, assumptions, opinions, and factual

information. Po stings may contain erroneous or ina..ccurate information, All

things are cred ited to their origiual location. The owner of t:his site does not

ensure the: accuracy of any content presented on thedirty. corn,"

23. TheDirty.com currently receives en average of eighteen (18) million hits per

month. As 0f July 20 11, the website contained more that seventy -five

thousand (75,000.00) unique posts on various topics.

24. On information and belief. Dirty World, Richie, James Grdina, John Grdina

and Frank DiMaggio derive income hom their website from both advertising ..

which depends on the amount of hits or traffic on the site, as well as

merchandise salt::s':lf "Dirty Gear" that is available for purchase on tht~

website.

25. On or about February 13, 2012, Defendants, Stephanie Eustis, Christine

Andrews and Andrea McMillan Gaienne submitted a private nude photograph

of Plaintiff without authorization or permission of Plaintiff to the Defendants.

26. After review, but without verifying ownership or permission to publish from

the photographs owner, Dirty World, Richie, James Grdina, Jolm Grdina and

Frank DiMaggio intentionally published the pri vate nude photograph and

embarrassing private facts, It WP..S published in the category "'New Orleans."



27. Defendants, Stephanie Eustis, Christine ..<\ndrews and Andrea McMillan

Gaienne also forwarded :1 copy of the post and comrnentery ·~oP~<?intiffs

friends and family vie electronic: means.

28. Ple.intiff s friends and members of the community, including co-workers, have

viewed and circulated the private nude photograph and defamatory post

comments,

29. The information contained in the posting was defamatory and highly

offensive, reflecting negatively upon Plaintiffs integrity, character, good

name and standing in the community.

30. The statement of provided and then published by defendants identify Plaintiff

by name and city of residence,

31. Defendants negligently and intentionally published and collaborated on the

posting of the private nude photograph and defamatory statements made

against Plaintiff with reckless disregard for the veracity of the statements.

3:!. As a direct and proximate result of defendants' actions and omissions.

Plaintiff has suffered serious damage to her reputation and emotional distress.

33. Defendants retrieved private nude photographs from Plaintiffs private e ..mail

and then published without permission the private nude photographs of

Plaintiff, in which the public has no legitimate concerns.

3,t The statements made by Defendants and the third party-users were false and

placed Plaintiff t i l an false light that was detrirner.tal to her reputation in the

community.

35. Defendants invaded Plaintiff's privacy by entering Plaintiff's private email

account without authority or permission and removing private nude

photographs without authority or permission, The photographs were then

submitted to thedirty.com and published without the permission of the owner

of the photograph.

36. Defendants' actions placed Plaintiff in a false light before the public in her

community. The false light in which Plaintiff was placed would be highly

offens ..ve and objectionable to ar.y reasonable person under the circumstances,



in that a reasonable person would be justified in feeling seriously aggrieved

and offended by the publication,

3'1. Defendants invaded Plaintiff's privacy by unreasonably, and without consent,

publishing a private nude photograph of Plaintiff before the public, The

publication of the private nude photograph of Plaintiff without he! knowledge

or permission would be highly offensive and objectionable to a reasonable

person under the circumstances. In that a reasonable person would. be justified

in feeling seriously aggrieved and offended by the photograph's publication.

38. Defendants invaded Plaintiff's privacy by appropriating Plaintiff's name and

likeness for use to benefit the Defendants to receive more "hits", or traffic, to

thedirty.corn, On information and belief, the cefendants derive revenue from

the website by advertising which depends on theamount of hits or traffic to

the website.

39. Defendants invaded Plaintiffs privacy by representing umeasonable public

disclosure of private and embarrassing private facts.

4U. Defendants conduct if : posting a private. nude photograph and defamatory

commentary was extreme and outrageous in that it went beyond all the

possible bounds of decency and is utterly intolerable in a civilized community.

This was done intentionally and with a reckless disregard as to the actual truth

os veracity of said statements, or whether they would bring shame or

humiliation to Plaintiff

41. Defendants extreme and outrageous conduct intentionally caused severe

emotional distress on Plaintiff Defendants hew that severe emotional

distress would be certain or substantially certain to result from Defendants'

conduct,

42. The publishing of her photograph, name, and city of residence attached to the

defamatory comments causes her near for her safety in the community.

43. As a direct and proximate result of Defendants' conduct, Plain-iff was

damaged.



WHERI'~lrOR]~, Plaintiff prays that this Honorable Court enter judgment against

defendants awarding to Plaintiff compensatory damages, incidental damages, costs of , s . . l J it,~r::,

and attorney's fees, and any other equitable relief as this Honorable Court det~ns just. ;:,.. - ; c : c . '

~c'C)-"-1~-

Plaintiff has sustained and will continue to sustain irreparable harm¥s.r: I'esuU~c : : . t::'- : : : 0

There is not true -nHequat~

REQUEST FOR INJlJNCTIVIl: RELHW

44.

of the Defendants' conduct described above.

remedy at law for the unauthorized conduct described above. There is no true

adequate remedy at law for the unauthorized use by Defendants { )f Plaintiff's

private nude photograph. Once the photograph is viewed, circulated,

commented on and archived in various places around the World Wide Web -

as has occurred and will continue to occur. -. this will Irreparably harm, injure

and damage Plaintiff.

4:;. As shown from the facts contained herein, unless Defendant is preliminarily

and permanently restrained from further copyright infringement of Plaintiffs

private: nude photograph, Plaintiff will suffer immediate and irreparable

injury,

"THEREFORE, Plaintiff nrays that this Honorable Conn enter judgment against

defendants and their officers, agents, servants, employees, representatives, anomeys ..

successors, licensees, agents, assigns and all other persons in active concert or

participation with defendants, from using Plaintiffs private nude photograph on or in

connection with Defendants.' Internet Website.

Respectfi.~l:'~~~i1ted,

---JJ1(fjQ_----------JASON F. c~S (# 29211)

DONALD R. ROSE (#2.9407)

ARNONAROSE

1130 Tchoupitoulas St.

New Orleans, LA 70130

504-556--4444

, 1

- -



rLEASE SERVE:

Hooman Karamian a/kJa Corbin Grimes a/kJa Nik Richie

Pursuant to La. R.S. 13:320 I at his place of residence:

14442 N. 100th Way,Scottsdale, AZ 85260.

Dirty "'orIel, LLC d/b/a TheDil·ty.(:oOld/b/a TheDirty Arm:!' .com

Pursuant to La. RS. 13:320] and La. C.C.P. art. 1261 through : . t ~ ~egistered agent:

Corporation Creations Network, Inc,

3411 Silverside Road, Rodney Building # 10·4

Wilmington, Delaware 19810.

Stephanie Eustis

1414 Wa v ery P lace

Houston, TX 77008

!lOLO ~ERVICE;.

James (;rdillla

John Grdina

Frank DiMaggio

Andrea McMillan Galenne

Chrhitine Andrews



DOCKET NO:

/"'/~ l . . t : : DCIVIL 1>ISTRICT COURT FOR l'mv, ~~SH OF ORLEANS

('/j 29

STATE OF LOUISIANA (::) 1 2 · Jr, C ~.j/S f lY / ~I/t'c+": mvrsrox. _

JANl!: DOI( . i 7 0 L , / , _

omrv 'W'ORLD, LJ;_'Cd/b/a THEDlRTY.COM d/b/a TIU:DIRTYARMY.COM and HOOMAN

KARAMIAN alkla CORBIN GRIMES ~tlk/aNIK RICHIE, JAMES GRDINA, JOHN GRDIN A.

and F'RA;'1KUIMAGGIO, STEI'HANIE EUSTIS, CHRlSTINE ANDREWS, and ANDREA

MCMILLAN GAIENNE

FILED: _

DEPl1TY CLERK

Having considered Plaintiff's Request for Injunctive relief:

IT IS HEREHY ORDERED that defendants and their officers. agents, servants,

employees, representatives, attorneys, successors, licensees. agents, assigns and all other persons

in active concert or participation with defendants, are enjoined and estopped Trom using

Plaintiff's private nude photographs on or in connection with Defendants' Internet Website and

are ORDERED to remove e.ll Plaintiff's private nude photographs and comments from

Defendants' Internet Website:

It is further ordered that defendant be served with a . copy of this petition and restraining

order and slow cause within 24 hours of signing of this Order ~'hy permanent injunctive relief

should not be granted:

It is further ordered that the temporary ex parte orders issued contain the following

language in bold face type:

itA PERSON WHO VI01LATES THIS ORDER MAY BE PUNISHED FOR

CONTEM]»T OF COURT BY A FINE OF NOT MO~~E THAN $501) OR BY

CONFINEMENT IN JAIL FOR AS LONG :\.S SIX MONTHS, OR BOTH, ANn MAY BE

FURTHER PlTNISHED UNDER THE CRIl\UNAL LAVIS 01;' ],OU)[SIANA. THIS

ORDER SHALL 1m :ENF'ORCf,O BY ALL LA'N OFF'leERS i~Nn COURTS OF

LOUISIAl'A ON . , 20l2..

New Orleans, Louisiana, this . . day of , 201:~.

JUDGE

doe v. dirty world, llc - complaint

Documents