Case: 1:17-cv-02521-DAP Doc #: 50 Filed: 05/01/18 1 of 10.

PageID #: 647

IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

W.6 Restaurant Group Ltd., d/b/a The Barley ) CASE NO. 1:17-cv-02521
House of Cleveland, et al. )
) JUDGE DAN A. POLSTER
Plaintiffs, )
)
-vs- )
)
Richard Bengtson, et al. )
)
Defendants. )
)
___________________________________
)
Robert George )
2400 Superior Ave, Suite 202 )
Cleveland, OH 44114 )
)
& )
)
Corey May )
25575 Butternut Ridge )
North Olmsted, OH 44070 )
)
Third-Party Plaintiffs, )
)
-vs- )
)
Faze Clan, Inc. )
c/o Interstate Agent Services, LLC )
3500 S. DuPont Hwy. )
Dover, DE 19901 )
)
& )
)
Faze Clan LLC )
c/o United States Corporation Agents, Inc. )
101 Billeria Ave., Bldg 5, Suite 204 )
North Billerica, MA 01862 )
)
& )
)
Clout Gang, Inc. )

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c/o Interstate Agent Services, LLC )

3500 S. DuPont Hwy. )
Dover, DE 19901 )
)
& )
)
Fullscreen, Inc. )
653 Marine Street #2 )
Santa Monica, CA 90405 )
)
Does 1-5 )
Addresses Unknown )
)
Third-Party Defendants.

THIRD PARTY COMPLAINT

(JURY DEMAND ENDORSED HEREIN)

Now come, Third-Party Plaintiffs, Robert “Bobby” George (“George”) and Corey May

(“May”) (collectively, “Third-Party Plaintiffs”), and for their Third-Party Complaint against

Third-Party Defendants, Faze Clan, Inc., Faze Clan LLC, Clout Gang, Inc., Fullscreen, Inc., and

Does 1-5 (collectively, “Third-Party Defendants”), hereby state as follows:

INTRODUCTION

1. Third-Party Plaintiffs bring this action to protect themselves and other innocent

individuals associated with them from the viscous and irresponsible mayhem rendered by

Defendants Richard Bengtson (“Defendant Bengtson”) and Alissa Violet Butler (“Defendant

Butler”) on social media.

2. Defendant Bengtson is a natural person domiciled and residing in the State of

California, and the individual behind the social media character known as “Ricky Banks” or

“FaZe Banks.”

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3. Defendant Alissa Violet Butler (“Butler”) is a natural person domiciled and

residing in the State of California, and the individual behind the social media character known as

“Alissa Violet.”

4. Together, Defendants Bengtson and Butler (collectively, “Defendants”) have

millions upon millions of followers across numerous social media platforms, including Twitter,

Instagram, Facebook, and Snapchat.

5. Beginning in the early morning hours of November 26, 2017, after a night of

partying, and then continuing over the next days, Defendants used their online fame to engage in

deplorable cyber-bulling campaigns against The Barley House of Cleveland and its owners,

employees and patrons, including Third-Party Plaintiffs.

6. Upon information and belief, Defendants’ cyber-bulling campaign was facilitated,

endorsed, encouraged, sponsored, and/or promulgated by the Third-Party Defendants.

7. Third-Party Defendants have benefitted from Defendants actions and are liable for

such actions.

8. Plaintiff, W.6 Restaurant Group, Ltd., d/b/a the Barley House of Cleveland

(“W6th Restaurant Group”) is an Ohio limited liability company, which owns and operates The

Barley House Cleveland, a restaurant and bar located at 1261 W.6th St., Cleveland, OH 44113

(the “Barley House”).

9. Plaintiff Richie Madison (“Madison”) is a natural person domiciled and residing

in the State of Ohio that, for all times relevant herein, has and does work as a security guard for

the Barley House.

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10. Third-Party Plaintiff Robert George (“George”) is a natural person domiciled and

residing in the State of Ohio, and at all relevant times, has been and is an owner of W6th

Restaurant Group.

11. Third-Party Plaintiff Corey May (“May”) is a natural person domiciled and

residing in the State of Ohio, and at all relevant times has worked, and does work, as the

manager of the Barley House.

12. Upon information and belief, Third Party Defendant Faze Clan, Inc. is a foreign

corporation, brand retailer, and/or online gaming affiliate of Defendants, domiciled and residing

in the State of Delaware, of which Defendant Bengtson is principal, partner, owner, agent, and/or

employee.

13. Upon information and belief, Faze Clan LLC is a foreign limited liability

company, brand retailer, and/or online gaming affiliate of Defendants, domiciled and residing in

the State of Massachusetts, of which Defendant Bengtson is principal, partner, owner, agent,

and/or employee.

14. Upon information and belief, Clout Gang, Inc, (“Clout Gang”) is a foreign

corporation, brand retailer, and/or online gaming affiliate of Defendants, domiciled and residing

in the State of Delaware, of which Defendant Bengtson is principal, partner, owner, agent, and/or

employee.

15. Upon information and belief, Fullscreen, Inc. (“Fullscreen”) is foreign

corporation, multichannel media network, and social media influencer of Defendants, funded in

whole or in part, by YouTube, Inc., and domiciled in the State of California, of which

Defendants Bengtson and/or Violet are employees or related individuals that receive salaries,

commissions, and/or other contributions from money paid by YouTube to Fullscreen.

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16. Upon information and belief, Does 1-5 are unidentified foreign corporations,

brand retailers, corporate sponsors, advertising partners, and/or business affiliates of Defendants

that benefit from Defendants’ social media presence, of which Defendant Bengtson and/or Butler

are principals, partners, owners, agents, and/or employees. Third-Party Plaintiffs do not know the

true names and identities of entities sued in this Third-Party Complaint as Does 1-5, and

therefore sue these parties through fictitious names. Third-Party Plaintiffs will amend this Third-

Party Complaint to allege the true names and identifies of Does 1-5 when ascertained.

17. Jurisdiction and venue are proper in this Court.

FACTS

18. Third-Party Plaintiffs incorporate the foregoing allegations as if fully rewritten

herein.

19. On Saturday, November 25, 2017, Defendants Butler and Bengtson visited the

Barley House.

20. Defendants remained on the property past normal business hours until security

personnel were forced to remove Defendants from a restricted area of the property on Sunday,

November 26, 2017, at approximately 2:30 A.M.

21. Defendants were combative with the Barley House security personnel as they

were escorted off of the property.

22. On multiple occasions, Defendant Bengtson punched, shoved, and choked Barley

House staff and/or employees as they attempted to escort him off of the property.

23. After Defendants were removed from the property, they continued to linger

outside the Barley House for approximately thirty minutes, harassing and instigating conflicts

with third parties unaffiliated with the Barley House.

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24. Defendants became involved in multiple violent altercations with third parties,

while standing outside the Barley House well after normal business hours.

25. Third-Party Plaintiffs were not involved in any of the violent altercations with

third parties while standing outside the Barley House well after normal business hours.

26. Since the incident, Defendants have made false, destructive, and defamatory

statements regarding the Barley House, its owners, staff, and/or employees, including the Third

Party Plaintiffs, on various social media platforms, including but not limited to Facebook,

Snapchat, Instagram, YouTube, and Twitter.

27. The social media characters of the Defendants and the Defendants’ social media

presence have millions of followers.

28. Defendants’ statements are false, destructive, and defamatory in that they allege

that the Third-Party Plaintiffs engaged in criminal, reckless, or tortious behavior while

interacting with the Defendants and/or third parties, with respect to their alleged involvement in

the incidents occurring on or about November 25-26, 2017.

29. Defendants made the false statements contained in the social media posts in an

effort to harm the Third-Party Plaintiff’s reputations, businesses, livelihoods, and well-being.

30. Specifically, in an effort to undermine public and private trust and confidence in

the Barley House’s business, Defendants posted a YouTube video called “The Worst Night of

Our Lives,” in which they criticize the Barley House, its owners, staff, and/or employees,

including the Third-Party Plaintiffs, of criminal, reckless, or tortious behavior arising from the

incident.

31. Defendants made these false statements in social media posts in an effort to

ridicule and harass the Third-Party Plaintiffs, and ruin their reputations and livelihoods.

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32. Upon information and belief, Defendants intentionally and maliciously caused the

statements to be published for review to incite violence and hostile behavior directed at the

Third-Party Plaintiffs.

33. Upon information and belief, Third-Party Defendants facilitated, endorsed,

encouraged, sponsored, and/or promulgated the mass-publication of statements made by the

Defendants by, among other things, providing direct financial contributions to Defendants,

promoting their brands, and/or benefiting from Defendants’ social media presence and the

malicious actions directed at W6th Restaurant Group, Barley House, Madison, George and May.

34. Since November 26, 2017, Defendants have continued to post statements on

social media platforms containing similar, if not same, defamatory and destructive statements

outlined above.

35. As a result of these statements, the Third-Party Plaintiffs have received verbal

threats, including death threats, and other harassing phone calls, messages, and social media

comments directed toward them, their families, colleagues, employees, and/or businesses at the

behest of Defendants and the Third-Party Defendants.

COUNT I – RESPONDEAT SUPERIOR

(Against All Third-Party Defendants)

36. Third-Party Plaintiffs incorporate the foregoing allegations as if fully rewritten

herein.

37. Defendants made the false, destructive and defamatory statements while acting

within the scope of their employment as agents and/or employees of Faze Clan, Inc., Faze Clan

LLC, Clout Gang, Fullscreen, and/or Does 1-5, and for the benefit of such Third-Party

Defendants.

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38. Third-Party Defendants authorized, participated in, or ratified the actions of

Defendants that demonstrate malice.

39. Based on the facts and evidence above, Third-Party Defendants are vicariously

liable to the Third-Party Plaintiffs under the doctrine of respondeat superior for the false,

destructive, and defamatory statements of the Defendants.

COUNT II – NEGLIGENT HIRING/RETENTION/SUPERVISION

(Against All Third-Party Defendants)

40. Third-Party Plaintiffs incorporate the foregoing allegations as if fully rewritten

herein.

41. Defendant Bengtson and/or Butler are employed by the Third-Party Defendants or

receive salary, commissions, or similar compensation therefrom.

42. Third-Party Defendants failed to stop or mitigate the dissemination of false,

destructive, and defamatory statements regarding the Third-Party Plaintiffs, and instead,

facilitated, endorsed, encouraged, sponsored, and/or promulgated the mass-publication of same.

43. Third-Party Defendants were aware, or should have been aware, that Defendants

made the false statements contained in the social media posts in an effort to harm the Third-Party

Plaintiffs’ reputations, businesses, livelihoods, and well-being.

44. Third-Party Defendants authorized, participated in, or ratified the actions of

Defendants that demonstrate malice.

45. As a direct and proximate result of the Third-Party Defendants’ negligence in

failing to properly hire, retain, or supervise Defendants, the Third-Party Plaintiffs’ have been

injured in an amount to be proven at trial, which is in excess of $25,000.00.

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PRAYER FOR RELIEF

WHEREFORE, Third-Party Plaintiffs respectfully request the Court enter judgment as

follows:

A. As to Count I, judgment against Third-Party Defendants, Faze Clan, Inc., Faze Clan

LLC, Clout Gang, Inc., Fullscreen, Inc., and Does 1-5 in an amount to be proven at

trial in excess of $25,000.00.

B. As to Count II, judgment against Third-Party Defendants, Faze Clan, Inc., Faze Clan

LLC, Clout Gang, Inc., Fullscreen, Inc., and Does 1-5 in an amount to be proven at

trial in excess of $25,000.00;

C. An award of punitive damages to the full extent provided by law; and

D. An award of costs and fees in favor of Third-Party Plaintiffs, including attorney fees,

incurred in defense of this action, together with any other relief the Court deems

equitable, just and proper.

Respectfully submitted,

/s/ Christopher B. Congeni

Adam D. Fuller (#0076431)
Christopher B. Congeni (#0078160)
Chad R. Rothschild (#0088122)
BRENNAN, MANNA & DIAMOND, LLC
75 East Market St.
Akron, Ohio 44308
Telephone: 330.253.5060
Facsimile: 330.253.1977
Email: cbcongeni@bmdllc.com
adfuller@bmdllc.com
crothschild@bmdllc.com

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/s/ Jeffrey C. Miller

Jeffrey C. Miller (#0068882)
BRENNAN, MANNA & DIAMOND, LLC
200 Public Square, Suite 3270
Cleveland, Ohio 44114
Telephone: 216.658.2155
Facsimile: 216.658.2156
Email: jcmiller@bmdllc.com
Counsel for Third-Party Plaintiffs

CERTIFICATE OF SERVICE

The undersigned hereby certifies that on the 1st day of May, 2018, a true and accurate

copy of the foregoing Third-Party Complaint was filed electronically. Notice of this filing will be

sent to all parties by operation of the Court’s electronic filing system. Parties may access this

filing through the Court’s system.

/s/ Christopher B. Congeni

Counsel for Third-Party Plaintiffs

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