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Filed 17-CI-006369 11/29/2017 NOT Circuit

David L. Nicholson, Jefferson ORIGINAL


Clerk DOCUMENT
11/30/2017 04:37:06 PM
91973

CASE NO. JEFFERSON CIRCUIT COURT


DIVISION (__)

HAYMARKET WHISKEY BAR PLAINTIFFS


331 East Market St.
Louisville, Kentucky 40202, and

MATTHEW LANDAN

v. COMPLAINT

Electronically Filed

JANE DOE 1 also known as WESTLEY MOORE,

AMANDA DONHOFF

ERIC SNIDER

CHRISTOPHER MAGGIO

Presiding Judge: HON. AUDRA J. ECKERLE (630291)


UNKNOWN NUMBER OF DEFAMING JANE AND JOHN DOES, and

UNKNOWN NUMBER OF STALKING JANE AND JOHN DOES

DEFENDANTS

*** *** *** ***

Plaintiffs, by counsel, for their Complaint hereby state as follows:

1. Allegations concerning Plaintiffs are made on personal knowledge; allegations

concerning Defendants are made on information and belief.

2. Plaintiff, Haymarket Whiskey Bar is the assumed name of Derby City Espresso,

LLC (hereinafter Haymarket of Haymarket Whiskey Bar), is a Domestic Limited

Liability Company doing business at 331 East Market St. Louisville, Kentucky
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40202.

Filed 17-CI-006369 11/29/2017 David L. Nicholson, Jefferson Circuit Clerk


Filed 17-CI-006369 11/29/2017 NOT Circuit
David L. Nicholson, Jefferson ORIGINAL
Clerk DOCUMENT
11/30/2017 04:37:06 PM
91973

3. Haymarket Whiskey Bar is considered by some to be one of the premier whiskey

bars in the country and has been listed at follows:

A. Esquire Network's Best Bars in America

B. Southern Living's Best Bar in Kentucky

C. Men's Journal's top 10 bourbon bars

D. Travel & Leisure's best 16 whiskey bars

E. Thrillist's best 22 whiskey bars

4. Plaintiff Matthew Landan is the owner of Plaintiff Haymarket and at all relevant

times herein has been a resident of Metro Louisville/Jefferson County Kentucky.

5. Jane Doe 1 a/k/a Westley Moore (hereinafter Jane Doe Moore), if she exists, is a

resident of Metro Louisville/Jefferson County Kentucky.

Presiding Judge: HON. AUDRA J. ECKERLE (630291)


6. On November 13, 2017, Defendant Jane Doe Moore, on the Face Book page

named Westley Moore, falsely and maliciously stated MATTHEW LANDAN IS A

RAPIST including a photograph of Mr. Landan. She repeated this and similar

statements to any and all that would listen. These statements are false and

malicious and constitute defamation per se.

7. Defendant Jane Doe Moore made other false, malicious and defamatory

statements, to include but not limited to claims that other women were contacting

her that they had been raped. These statements are false and malicious and

constitute defamation per se.

8. The Face Book page named Westley Moore where the defamatory statements
COM : 000002 of 000008

were made is either fraudulent or created in a false name.

Filed 17-CI-006369 11/29/2017 David L. Nicholson, Jefferson Circuit Clerk


Filed 17-CI-006369 11/29/2017 NOT Circuit
David L. Nicholson, Jefferson ORIGINAL
Clerk DOCUMENT
11/30/2017 04:37:06 PM
91973

9. Defendant Amanda Donhoff, is a resident of Metro Louisville/Jefferson County

Kentucky.

10. On November 15, 2017, Defendant Donhoff stated on Face Book that Matthew

Landan had drugged her drink. This statement is false and malicious and

constitutes defamation per se.

11. Since November 13, 2017, multiple unknown Jane and John Doe Defendants

(hereinafter Unknown Defaming Jane and John Does), have repeated the

defamatory statements identified above and have also made multiple assertions

that the drinks at the Haymarket Whiskey Bar are spiked with drugs. These

statements are false and malicious and constitute defamation per se as to the

Haymarket Whiskey Bar.

Presiding Judge: HON. AUDRA J. ECKERLE (630291)


12. Since November 13, 2017, multiple unknown Jane and John Doe Defendants

(hereinafter Unknown Stalking Jane and John Does) have, for no legitimate

purpose, engaged in an intentional course of conduct meant to seriously alarm,

annoy, intimidate, or harass Plaintiff Matthew Landan.

13. The actions of Unknown Stalking Jane and John Does to include posting Plaintiff

Matthew Landans personal information on the internet were made as explicit and

implicit threats with the intent to place Plaintiff Landan in reasonable fear of

Physical injury; or Death.

14. Plaintiff Matthew Landan has received threats directly related to the actions of

Unknown Stalking Jane and John Does.


COM : 000003 of 000008

15. Defendant, Christopher Maggio, is a resident of Metro Louisville/Jefferson County

Filed 17-CI-006369 11/29/2017 David L. Nicholson, Jefferson Circuit Clerk


Filed 17-CI-006369 11/29/2017 NOT Circuit
David L. Nicholson, Jefferson ORIGINAL
Clerk DOCUMENT
11/30/2017 04:37:06 PM
91973

Kentucky.

16. Defendant, Eric Snider, is a resident of Metro Louisville/Jefferson County

Kentucky.

17. Defendants Maggio and Snider were employees of Haymarket Whiskey Bar on

November 13, 2017.

18. Upon the false, malicious and defamatory revelation of Jane Doe Moore or in

concert with that fraud Defendants Maggio and Snider engineered the walkout of

the employees of the Haymarket Whiskey Bar.

19. Defendants Maggio and Snider then shopped the fact of the walkout to various

media outlets and stated words to the effect that many (8-17) other women had

come forward with similar claims against Plaintiff Matthew Landan. These

Presiding Judge: HON. AUDRA J. ECKERLE (630291)


statements are false and malicious and constitutes defamation per se.

Furthermore, the walkout engineered by Defendants Maggio and Snider placed

Plaintiffs in a false light.

20. Subsequent to the aforementioned actions Defendants Maggio and Snider

attempted a low ball purchase offer to Plaintiff Landan for the Haymarket Whiskey

Bar.

COUNT I

21. The Plaintiffs reaffirm and reiterate each and every allegation set forth above as

though fully set out herein.

22. The actions of Defendants in making false, misleading and defamatory statements
COM : 000004 of 000008

about Matthew Landan and the Haymarket Whiskey Bar were made with the full

Filed 17-CI-006369 11/29/2017 David L. Nicholson, Jefferson Circuit Clerk


Filed 17-CI-006369 11/29/2017 NOT Circuit
David L. Nicholson, Jefferson ORIGINAL
Clerk DOCUMENT
11/30/2017 04:37:06 PM
91973

intent that they be broadcast and disseminated as widely as possible.

23. These statements tended to expose Matthew Landan to public disgrace,

humiliation, ridicule, contempt and/or to induce an evil opinion of him in the

community and were defamatory per se.

24. Defendants made the statements with the knowledge of their falsity or with

reckless disregard to the truth or falsity of the allegations.

25. Defendants made the statements with the knowledge that they had created a false

impression regarding Matthew Landan or with reckless disregard to whether or not

they gave that impression.

26. As a result of the actions identified above Matthew Landan sustained damage to

his reputation, embarrassment and emotional distress warranting the imposition of

Presiding Judge: HON. AUDRA J. ECKERLE (630291)


consequential and punitive damages, additionally, as several of the statements

were defamatory per se damage is presumed.

27. As a result of the actions identified above Haymarket Whiskey Bar sustained

damage to its reputation warranting the imposition of consequential and punitive

damages, additionally, as several of the statements were defamatory per se

damage is presumed.

28. The actions of all Defendants herein were made in concert and in a civil conspiracy

to cause tortious injury to Plaintiffs, rendering all Defendants jointly and severally

liable.

COUNT II
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29. The Plaintiffs reaffirm and reiterate each and every allegation set forth above as

Filed 17-CI-006369 11/29/2017 David L. Nicholson, Jefferson Circuit Clerk


Filed 17-CI-006369 11/29/2017 NOT Circuit
David L. Nicholson, Jefferson ORIGINAL
Clerk DOCUMENT
11/30/2017 04:37:06 PM
91973

though fully set out herein.

30. The aforementioned conduct of Defendants gave publicity before the public that

placed Plaintiffs in a false light and was highly offensive.

31. Defendants had explicit knowledge of or acted in reckless disregard as to the

falsity of the publicized matter and the false light in which Plaintiffs would be

placed.

32. Defendants made the statements with the knowledge that they had created a false

impression regarding Matthew Landan or with reckless disregard to whether or not

they gave that impression.

33. As a result of the actions identified above Matthew Landan sustained damage to

his reputation, embarrassment and emotional distress warranting the imposition of

Presiding Judge: HON. AUDRA J. ECKERLE (630291)


consequential and punitive damages.

34. As a result of the actions identified above Haymarket Whiskey Bar sustained

damage to its reputation warranting the imposition of consequential and punitive

damages.

35. The actions of all Defendants herein were made in concert and in a civil conspiracy

to cause tortious injury to Plaintiffs, rendering all Defendants jointly and severally

liable.

COUNT III

36. The Plaintiffs reaffirm and reiterate each and every allegation set forth above as

though fully set out herein.


COM : 000006 of 000008

37. The aforementioned conduct of Defendants Unknown Stalking Jane and John

Filed 17-CI-006369 11/29/2017 David L. Nicholson, Jefferson Circuit Clerk


Filed 17-CI-006369 11/29/2017 NOT Circuit
David L. Nicholson, Jefferson ORIGINAL
Clerk DOCUMENT
11/30/2017 04:37:06 PM
91973

Does were in violation of KRS 508.150 rendering these Defendants liable under

KRS 411.220.

38. Liability under KRS 411.220 includes actual damages, punitive damages, court

costs, and reasonable attorneys fees.

39. The actions of all Defendants herein were made in concert and in a civil conspiracy

to cause tortious injury to Plaintiffs, rendering all Defendants jointly and severally

liable.

COUNT IV

40. The Plaintiffs reaffirm and reiterate each and every allegation set forth above as

though fully set out herein.

41. Defendants Maggio and Snider actions were made with the intend to intermeddle

Presiding Judge: HON. AUDRA J. ECKERLE (630291)


in the business relationship of Plaintiffs with the employees and customers of

Haymarket and to improperly and unlawfully interfere with the ongoing business

with the hopes of devaluing the business and facilitating their purchase.

42. As a proximate result of defendant's conduct described above, Plaintiffs have

sustained severe damage to the business and reputation of the Haymarket

Whiskey Bar.

43. Defendants Maggio and Snider had no justification or privilege to act in the manner

complained of herein.

44. As a result of the actions identified above Haymarket Whiskey Bar sustained

damage to its reputation and business warranting the imposition of consequential


COM : 000007 of 000008

and punitive damages.

Filed 17-CI-006369 11/29/2017 David L. Nicholson, Jefferson Circuit Clerk


Filed 17-CI-006369 11/29/2017 NOT Circuit
David L. Nicholson, Jefferson ORIGINAL
Clerk DOCUMENT
11/30/2017 04:37:06 PM
91973

45. The actions of all Defendants herein were made in concert and in a civil conspiracy

to cause tortious injury to Plaintiffs, rendering all Defendants jointly and severally

liable.

WHEREFORE, Plaintiffs pray that this Court:

A. Enter judgment against Defendants in an amount equal to any further


incidental or consequential damages to be determined at the trial of this
action;

B. Enter judgment against Defendants in an amount equal to such punitive or


exemplary damages as may be necessary to deter such conduct in the
future;

C. Award Plaintiffs their costs and reasonable attorneys' and expert fees;

D. That pre judgment interest at the legal rate shall be granted;

E. For trial by jury; and

Presiding Judge: HON. AUDRA J. ECKERLE (630291)


F. Such other relief as Plaintiffs may be entitled either at law or equity.

Respectfully Submitted,

HORNE LAW OFFICE

s/Andrew J. Horne
Andrew J. Horne
517 West Ormsby Avenue
Louisville, Kentucky 40203
(502) 637-1222
Counsel for Plaintiffs

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Filed 17-CI-006369 11/29/2017 David L. Nicholson, Jefferson Circuit Clerk

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