IN THE SUPERIOR COURT OF DEKALB COUNTY STATE OF GEORGIA Civil Action #_L Sc Cie “ Kordetl Stewart Plaintiit VS (eu) Calelwel. Nek LLC Jarriws Keyon Mo efendant SUMMONS TO THE ABOVE NAMED DEFENDANT: ‘You ate hereby summoned and required to file with the Clerk of said court and serve upon the Pleintia7's attorney, whose name and address is: cide, Horne : ae ( ne ania, GFF 30303 an answer fo the complaint which is herewith served upon you, within 30 days after service of this summons ‘upon you, or if service by publication within 60 days of judges order of publication, exclusive of the day of service, Ifyou fail 10 do so, judgment by default will be taken avainst you fo: che relief demanded in the complaint. eos) aar Dieta ben 1S ES Debra DeBerry Clerk of Superior Court. By: Ag ie Lid Deputy Clerk Tnstustions: Asach addendum shee for additional parties ifnecded, make notsionon this sheet ifaddensum chests usedIN THE SUPERIOR COURT OF DEKALB COUNTY, STATE OF GEORGIA, KORDELL STEWART, | Plaintiff, & . on v = ) . civit action | SOV LS aoe ANDREW CALDWELL, CATALYST NEXT, |NO. LLC, and JARRIUS KEYUN MOON JURY TRIAL DEMANDED Defendants. COMPLAINT FOR DEFAMATION AND NEGLIGENCE COMES NOW Plaintiff, Kordell Stewart (hereinafter “Mr. Stewart”), and files this, Complaint for Defamation and Negligence against Defendants Andrew Caldwell, Catalyst Next, LLC, and Jarrius Keyun Moon and shows this Court as follows: PARTIES 1 Plaintiff, Kordeil Stewart, is an adult citizen of Atlanta, Georgia, Defendant Andrew Caldwell is an adult citizen of the State of Missouri, whose address is 1463 Stoncbury Ct, Florissant, Saint Louis County, MO 63033. 3; Defendant Catalyst Next, LLC is a Georgia limited liability company and may be served through its registered agent Matthew Jones at 1755 The Exchange SE, Suite 132, Atlanta, Cobb County, GA 30339. 4. Defendant Jarrius Keyun Moon is an adult citizen of the State of Georgia, whose address is 5356 Ridgemere Ct, Stone Mountain, DeKalb County, GA 30083.JURISDICTION AND VENUE 5. Jurisdiction is proper in this Court. 6. Venue of this action is properly laid in DeKalb County, Georgia because joint tort-feasors residing in different counties may be subject to an action as such in the same action in any county in which one or more of the defendants reside, Further, where an action is brought against a resident of this state, any nonresident of this state who is involved in the same transaction or occurrence may be joined as a defendant in the county where a resident defendant is suable, Mr, Stewart is a ten-year veteran of the National Football League whose career spanned from 1995-2005. 8. Mr. Stewart was formerly married to Porsha Williams and subsequently appeared on the reality television show “The Real Housewives of Atlanta” (“Housewives”) which was broadcast internationally on the Bravo network. 9. Mr. Stewart and Ms. Williams’ marriage, and subsequent divorce in 2013 (Civil Action ‘Number: 2013CV228920), received public attention on Housewives and in other media outlets, 10. Atall times during his life, Mr. Stewart has been, and is, a heterosexual male. ll. Starting in 2014, Mr. Caldwell gained notoriety and media attention as a result of a viral video of him at The Church of God in Christ's annual convocation, in which he proclaims that he had been delivered from homosexuality.12. Defendant Moon is the creator and producer of the upcoming reality show “The Gospel Truth,” which is scheduled to premiere on the ATB TV network on November 21, 2015. The Gospel Truth is centered around the scandalous situations that Gospel’s public figures endure as they struggle to maintain and gain success in their respective endeavors, [See Exhibit A attached]. 13. Mr. Caldwell is a cast member of The Gospel Truth. 14, To generate interest for The Gospel Truth, Defendant Moon colluded with Mr, Caldwell to publish rumors about Mr. Stewart, with the goal of formulating and popularizing their intended storyline for Mr. Caldwell. 15. Those false and defamatory rumors that Mr. Caldwell and Defendant Moon agreed to publish are centered around Mr. Stewart having an extra-marital, sexual relationship with Mr. Caldwell. 16. To execute their plan to publish these false statements, Mr. Caldwell interviewed on “The ShakeUP,” an internet morning show operated and controlled by Defendant Catalyst Next. The interview aired on October 1, 2015 (the “Interview”). 17. ‘Upon information and belief, Defendant Moon participated in setting up the Interview to publish the false statements, create controversy, and promote The Gospel ‘Truth. 18, Upon information and belief, Defendant Catalyst Next knew that Mr. Caldwell was coming on The ShakeUP to make the false statements about Mr. Stewart and, despite thisknowledge, granted the interview with the intent of increasing ratings and popularity for The ShakeUP. 19, During the Interview, on October 1, 2015, Mr. Caldwell made the following statements, which were aired by Defendant Catalyst Next: [14:40] Mr. Caldwell: 1 dated plenty of football players, I dated some in Atlanta, I dated, you know, Kordell. Yes, Kordell Stewart. ‘That's Porsha—umm-and like I said-- [Defendant Catalyst Next: Did you know Kordell was married to Porsha?} ‘Mr. Caldwell: I did know. Umm, I did not-I did not know who, until I started watching the show and then when I watched the show I was like oh my God no she did not ‘cause I was--I was that way too. When they broke up with me, I left and I started talking about them to people and then they’Il--then they'll block your number and then they'll ty to stay away from you because when the money stop and the bags and stuff stop--1 had everything that Porsha got. I had everything that everybody else had. I had bags, purses, cars, I'm in a jaguar right now. [Defendant Catalyst Next: Why did you stop talking to Kordell,] Mr. Caldwell: Why? Tt was only @ one-time thing. Yeah. I didn't know who he was at first because I shook his hand. Yeah I shook his--I was like oh my God that’s you. And um, we was at a bar--we ‘was ata restaurant and I was like oh my God that’s Kordell and they ‘was like yeah he’s a football player and 1 was like mmm, I like football players. [Defendant Catalyst Next: Wow. So was Kordell your first football player? Mr. Caldwell: No I dated other football players too. [16:03][19:48] Mr. Caldwell: And if you look when that first video came out, my statements said “Hi my name is Andrew Caldwell. | have dated football players, I have dated pastors, I have dat--.’ That was my first statement. So this today, saying I dated Kor--I been said dated football players and basketball players, So they come on with the lawsuit, ['m ready too ‘cuz I have like four lawyers. [20:06] PUBLICATION WITH ACTUAL MALICE 20, Mr. Caldwell knowingly and maliciously published the aforementioned false statements about Mr. Stewart during the Interview. 21. Defendant Catalyst Next maliciously and recklessly aired the statements made by Mr. Caldwell without acting reasonably to verify those statements despite entertaining serious doubt about the truth of the statements. 2. Despite their knowledge of Mr, Stewart’s identity prior to broadcasting Mr. Caldwell’s statements, Defendant Catalyst Next never contacted Mr. Stewart to determine whether the statements made by Mr. Caldwell on their show were truthful. 23. Defendant Moon procured Mr. Caldwell to knowingly and maliciously make the false statements with the intent to cause harm to Mr, Stewart, increase popularity for Mr. Caldwell, manufacture a compelling storyline for himself on Defendant Moon’s upcoming reality show, and generate interest for The Gospel Truth. 24, In execution of his scam with Defendant Moon, Mr. Caldwell also talked about his, upcoming participation as a cast member in The Gospel ‘Truth, including the date of the premiere, the nature of the show, and the network that it will be aired on during the Interview.25. Defendant Catalyst Next and Defendant Moon were well aware that Mr. Caldwell’s false statements would create controversy and ultimately increase ratings and/or generate interest for their respective shows. 26. Defendant Catalyst Next benefitted directly from the publication of Mr. Caldwell’s false statements as the Interview continued to be shared online and as the false statements became the topic of conversation for numerous media outlets across the nation. After the Interview was published, other media outlets shared the Interview, thus popularizing The ShakeUP and advertising for The Gospel Truth at Mr. Stewart's expense. The ‘media outlets that shared the Interview include, but are not limited to: * Bossip (https://www.youtube.com/watch?v-hePxp eYe3g ) + Rolling Out (http://rollingout.com/2015/10/05/im-delivered-intemnet-star-andrew-caldwell- says-dated-kordell-stewart/) + The Grio (http://thegrio.com/2015/10/0S/andrew-caldwell-kordell-stewart-gay-nfV ) * Radar Online (http:/radaronline.com/celebrity-news/kordell-stewart-alleged-gay-lover- speaks! ) + Inquisitr (hitp://www.inquisitr.com/2470999/kordell-stewart-gay-intemet-star-andrew= caldwell-claims-he-slept-with-former-nfl-star! ) + LoveBScott.com (http://www_lovebscott.com/news/say-what-now-andrew-im-not-gay-no- more-caldwell-says-he-dated-kordell-stewart-kordell-denies-it ) * Straight From The A (httpu//straightfromthea,com/2015/10/05/watch-this-kordell-stewart- outed-by-andrew-im-not-gay-no-more-caldwell-video! ). 28. As a result of the increased popularity of the Interview, Defendant Catalyst Next enjoyed the increased popularity and exposure for The ShakeUP via the numerous media outlets thatshared Mr. Caldwell’s allegations, as evidenced in their tweet boasting, about other media outlets talking about the Interview and their show [See Exhibit B attached]. ALDWELL MTS THAT THE STATEME! 29. After the false and defamatory statements were aired on The ShakeUP, Mr. Caldwell admitted that those statements made during the interview concerning Mr. Stewart were false. 30. Specifically, he issued an apology to Mr. Stewart for mentioning his name and making false accusations about him on The Shakelp. He further stated that he does not know Mr Stewart and made up the statements. 31 ‘The apology was published on October 8, 2015 on The Shade Room, a popular online blog (http://theshaderoom.com/20 15/1 /andrew-caldwell-has-been-delivert-retracts-statement- on-hooking-up-with-kordell-stewart/). 32. Although they are well aware that Mr. Caldwell has admitted that he lied on The ShakeUP. Defendant Catalyst Next continues to proudly share and broadcast the Interview on their website online (http:/theshakeupam.com/2015/1 0/interview-andrew-caldwell/ Jand their =ebpH-o60YOY with 35, 198 views as of October 26, 2015) although they know that the statements concerning Mr. Stewart are false, ‘YouTube channel (Aattps://www.voutube.com/watch? As a result of the Defendants’ continuous intentional and malicious conduct, Mr. Stewart, has been subject to public embarrassment and ridicule as the statements have operated to impair his career, damage his reputation, and cause acute anguish to him and his family.COUNT I: DEFAMATION (Against All Defendants) 34, Mr. Stewart incorporates by reference paragraphs 1-33 of this Complaint as though the same were set forth herein in their entirety, 35, ‘Mr. Caldwell and Defendant Moon colluded to make up false and defamatory statements about Mr. Stewart to be published to the public in an effort to promote The Gospel Truth, an upcoming reality show created and produced by Defendant Moon and staring Mr. Caldwell 36. Mr. Caldwell published the false and defamatory statements to at least thousands of people via The ShakeUP online morning show knowing that the statements were false. 37. Atall times relevant to this Complaint, Defendant Catalyst Next was responsible for the filming, editing and broadcast of The ShakeUP. 38. Upon information and belief, Defendant Catalyst Next granted the interview to Mr. Caldwell knowing that he was going to make false statements about Mr. Stewart, In the alternative, Defendant Catalyst Next entertained serious doubts about the truth of Mr. Caldwell’s statements. 39, Despite knowing that Mr. Caldwell’s statements were false and/or entertaining serious doubts about the truth thereof, Defendants individually and jointly caused Mr. Caldwell’s false and defamatory statements to be internationally broadcast on The ShakeUP. The Interview continues to be available online and on-demand for viewers nationally and internationally. 40.Defendant Catalyst Next failed to properly evaluate the veracity of Mr. Caldwell’s statements, and upon notice that the statements were false, Defendants failed to take any steps to retract or curb their publication, Defendant Catalyst Next and continues to make the Interview available for the public's viewing pleasure at http://theshakeupam,com/2015/10/interview- andrew-caldwell/ 41. Mr. Caldwell’s statements have been published to at least thousands of viewers. 42. Mr. Caldweli’s false statements were made with actual malice, in total disregard for the truth, and in the complete absence of any special privilege, 43, Mr. Stewart is entitled to general and special damages for the following harm: loss of carnings, emotional distress, and impairment to his reputation, COUNT Ti: FALSE LIGHT (Against All Defendants) 44, ‘Mr, Stewart incorporates by reference paragraphs 1-43 of this Complaint as though the same were set forth herein in their entirety. 45. ‘Mr. Caldwell’s statements during the Interview, including that he had a romantic relationship with Mr. Stewart, were false. 46. ‘Mr. Caldwell and Defendant Moon knew that the statements were false and colluded to make up the false statements about Mr, Stewart to be disseminated to the public.47. Defendant Catalyst Next provided the platform for Defendant Caldwell to publish the false statements to at least thousands of people, knowing that the statements were false. 48. ‘The statements that Mr. Caldwell made during the Interview about Mr. Stewart are highly offensive to a reasonable person. 49. ‘The false statements were published via Defendant Catalyst Next’s online radio moming show and identified Mr. Stewart by first and last name, occupation and other identifying facts. 50. Mr. Stewart is entitled to general and special damages for the following harm: loss of camings, emotional distress, and impairment to his reputation. COUNT HI: NEGLIGENCE (Against Defendant Catalyst Next) hs Mr. Stewart incorporates by reference paragraphs 1-50 of this Complaint as though the same were set forth herein in their entirety. 52. Defendant Catalyst Next has a duty to evaluate publications made on The Shakel/P and subsequent dissemination, particularly after being on notice that the statements about Mr. Stewart made during the Interview were false. 53, Defendant Catalyst Next breached that duty by continuing to publish and make available Mr. Caldwell’s false statements. 1054. Defendant Catalyst Next benefitted from Mr. Caldwell’s false statements about Mr. ‘Stewart during the interview in the form of increased ratings. 55, Asa direct and proximate result of Defendant Catalyst Next’s breach, Mr. Stewart has suffered and is entitled to general and special damages for the following harm: loss of eamings; emotional distress; and impairment to his reputation. NT IV: PUNITIVE DAMAGES AND ATTORNEYS’ FEES (Against All Defendants) 56. Mr. Stewart incorporates by reference paragraphs 1-55 of this Complaint as though the same were set forth herein in their entirety. 37. Mr. Stewart seeks to recover punitive damages and attorneys” fees based on the outrageous circumstances of this case. Punitive damages are necessary to deter Defendants from ‘engaging in similar acts in the future and to compensate Mr. Stewart for the incredibly painful ordeal that he has had to endure and the pain he will endure in the future as a result of Defendants’ mi jous conduct, 58. Defendants have acted in reckless disregard for the truth and have intentionally subjected Mr. Stewart to large-scale public shame in wanton disregard for his rights, Attorneys’ fees are appropriate given Defendants’ bad faith and the circumstances involved. WHEREFORE, Plaintiff, Kordell Stewart, demands (@) Trial by jury; rt(b) That Summons issue and service be perfected upon Defendants, requiring Defendants to be and appear in this Court within the time required by law to answer this Complaint; (©) That judgment be entered against Defendants for compensatory damages in an amount to be proven at trial; (@) That judgment be entered against Defendants for special damages in an amount to be proven at trial; (©) That judgment be entered against Defendants for punitive damages in an amount to be determined at trial to punish and penalize Defendants and deter Defendants from repeating this unlawful conduct; (£) That judgment be entered against Defendants for Mr. Stewart's pain and suffering; (g) That all costs and attorneys’ fees of this action be cast against Defendant pursuant to OCGA. §13-6-11; (h) That this Court award such other relief as it deems equitable, just, and proper. Respectfully submitted this, Ht day (chk 2015. Alcide L. Honoré, Esq. ahonore@hooperhonore.com GA Bar No. 012608 Hooper & Honoré, LLC 170 Mitchell Street, SW Atlanta, GA 30303 404-681-2663 as 404-526-8858 (fx) = 8 12Erg e Prat a) id mM il Seapine yi EMMOTT Meee TER TTC TUUTTE) ee) | 2[0/F))HOOHSI05¢ wednaxeuseua uMosgholuaylo PaynWUNxa/ed jSN 03 O/ SUM uy 3M paziieas pur WuaWGas smau Bujpues, no Bujop exam am’Auuny 5,31 “SUIUIOW SiUy MaIAIOWU! I|OmPIEOMAsPUYE ano yhoge paxie; yodas owns B YyAA ‘Anunos ay s50198 MOYs BuIWOW A19Ag, ‘ddeisodase yym saiafepwe sodays YOOHSI0B# jued oy) 01 eWOIIaM “sn Gulpuy isn saiqmau oui o wednaxeysour Semi ZL “ MOTIOS wednayeyseuy we 1607 dde au 29 “Gy 2 LIGIHXS MOUUY NV SV LHOIVULS “G31V0 Y4AIN 4 ONIATSI UVIS OIGIA TWHIA AVS LUVMALS T1Gu0H woo wRibe:su) 6IN THE SUPERIOR COURT OF DEKALB COUNTY, STATE OF GEORGIA KORDELL STEWART, Plaintiff, bi ¥. To civit action | 5 16 Qs ANDREW CALDWELL, CATALYST NEXT, |NO. LLC, and JARRIUS KEYUN MOON JURY TRIAL DEMANDED Defendant, VERIFICATION Personally appeared before the undersigned officer duly authorized to administer oaths, KORDELL STEWART who, being first duly swom, deposes and states that the facts contained in the foregoing COMPLAINT FOR DEFAMATION AND NEGLIGENCE are true and correct, and that the facts alleged on information and belief are true and correct to the best of her knowledge, information, and belief. This2 day of PCT +2015. a Sworn to and subscribed before, me this JO rue of _UCober _, thar »201_ and notarized by me on said day. 04 Notary Public y 12 190 SKUENon-DOMESTIC GENERAL CIVIL OFFICE USE FILING INFORMATION FORM Superior Court of DeKalb County, State of Georgia | =... 5 case# CV /O9F2. piviston_ CZ r) Attorney For Plaintiff - d Sewaw i rew Cal dwet! Ove Wy Next LLC Attorney For Defendant Janivs Keyun Moory Address Phone (__) Bar No._ CHECK PRIMARY TYPE (check one onty) (0 Contract/Account O WillsEstate IF TORT CHECK CASE TYPE O Real Property (Cheek no more than two) © Dispossessory/Distress 0 Auto Accident © Personal Property O Premises Liability OE quity Medical Malpractice a a diar-avee ©. Other Professional Negligence Post Judgment Garnishment, Attachments eeeerng ac Onl set SNORE 07 , Mealigence | © Non-Domestic Contempt ae a 4 ‘Tort (if tort, fill in right column) ‘Are Punitive Damages Pleaded? g/Ves (No © Name Change © Foreign Judgement ORIGIN © Other General Ci i, Specify _______| @f original Proceeding ORemoval rom Lower Court © Reintated or Reopened Transteed From RELATED CASE(S) (if any) Judge Came pete OCheckone: f fact or grows out of same oO Commie Cost DI MAY 127 d0(s— Tignaurof AvomRey Dite White copy file, yellow copy - Law Cleek, Pink copy = State eed eal