Case 1:12-cv-09346-PAE Document 16 Filed 01/16/13 Page 1 of 10

John G. Balestriere
BALESTRIERE FARIELLO

225 Broadway, Suite 2900

New York, NY 10007

Telephone: (212) 374-5401

Facsimile: (212) 208-2613

E-mail: john.balestriere@balestriere.net
Attorney for Plaintiff
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

ALBERT ELHIANI,
INDEX NO.: 12-CV-9346 (PAE) (AJP)

Plaintiff,
- against -

AMENDED COMPLAINT

PACHA NEW YORK,

EDDIE DEAN,

"JOHN DOE,"
RPM WORLDWIDE, INC., and

CONTEMPORARY SERVICES
CORPORATION,

Defendants.

Plaintiff Albert Elhiani ("Plaintiff" or "Elhiani"), by his attorneys, Balestriere

Fariello,

for

his

Complaint

against

Pacha

New

York

("Pacha"),

Eddie Dean ("Dean"), "John Doe" ("the Bouncer"), RPM Worldwide, Inc. ("RPM"), and
Contemporary

Services

Corporation

("Contemporary

Services,"

collectively,

"Defendants"), respectfully alleges as follows upon information and belief, except as to

allegations concerning Plaintiff, which are made upon personal knowledge, and except
as otherwise indicated herein:

Case 1:12-cv-09346-PAE Document 16 Filed 01/16/13 Page 2 of 10

PRELIMINARY STATEMENT

1.

The Bouncer inflicted great physical and emotional pain on Plaintiff

Elhiani on the morning of January 1, 2012, when he ruthlessly beat Elhiani and hurled a

series of obscenities and ethnic slurs at Elhiani without provocation. This incident took
place at event venue Pier 94 ("the Nightclub") in Manhattan during a New Year's Eve

party hosted by Defendant Pacha, a popular nightclub in Manhattan owned and

operated by Defendant Dean and his company, RPM. To ensure that order would be
preserved during the party, RPM had contracted Contemporary Services, a crowd
management company, which provided the Bouncer for that evening.

Under the

supervision of other Defendants, the Bouncer was supposed to supervise and preserve
order during the party, yet, he did just the opposite, assaulting a young man who had
demonstrated no signs of physical aggression.

2.

Several hours into the party, the Bouncer saw Elhiani making his way

through the club, and caught sight of the Star of David necklace that Elhiani was
wearinga piece of jewelry that many people wear to signify their Jewish identity. The
Bouncer, unprompted, grabbed Elhiani and forced him into an obscured area of the

Nightclub, where he violently ripped the Star of David necklace off of Elhiani's neck,

forced him to the ground, and then repeatedly beat and kicked him. While the Bouncer
attacked Elhiani, he hurled a slew of anti-Semitic insults and profanities at Elhiani.
3.

The Bouncer's attacks left Elhiani all but unconscious.

A witness saw

Elihani's limp body in the hallway, where the Bouncer had left him, and the witness
took him to a hospital. There, Elhiani was told that he had a sprained ankle and had
2

Case 1:12-cv-09346-PAE Document 16 Filed 01/16/13 Page 3 of 10

sustained bruising to nearly every part of his body. Elhiani experienced pain for weeks
after the incident, as well as lasting emotional pain and damage to his career.
JURISDICTION AND VENUE

4.

This Court has subject matter jurisdiction over this action pursuant to 28

U.S.C. 1332 because the amount in controversy exceeds $75,000, exclusive of interest
and costs, and Plaintiff and Defendants are citizens of different states.

5.

This Court also has personal jurisdiction over this action because Pacha

New York and Pier 94 are based in New York, Eddie Dean and RPM Worldwide, Inc.

do business in New York, and the Bouncer is employed in New York by Contemporary
Services Corporation.

6.

Venue is properly laid in the Southern District of New York, under 28

U.S.C. 1391(a), since a substantial part of the events giving rise to the claims occurred
in this District.
PARTIES

Plaintiffs

7.

Albert Elhiani is a recent graduate of the University of Southern California

("USC") and will soon be attending medical school. He is also an employee at USC'S
Keck School of Medicine ("Keck Medicine") and an employee at Lew El Properties, a
property management company. He resides in Beverly Hills, California.
Defendants

8.

Pacha New York is a nightclub located in New York, which hosts events

throughout the year at various venues in New York City.

Case 1:12-cv-09346-PAE Document 16 Filed 01/16/13 Page 4 of 10

9.

Eddie Dean is the owner of Pacha New York and the owner of RPM

Worldwide, Inc.
10.

"John Doe" is a bouncer whom RPM Worldwide, Inc. had contracted

through Contemporary Services Corporation to supervise a New Year's Eve party from
the evening of December 31, 2011 through the morning of January 1, 2012.
11.

RPM Worldwide, Inc. is a dance-focused marketing and management

group owned by Eddie Dean.

12.

Contemporary Services Corporation is a company that provides crowd

management and guest services at entertainment and sporting events.

STATEMENT OF FACTS

13.

On December 31, 2011, Elhiani, along with several friends, attended a

New Year's Eve party at Pier 94, a special event venue in New York City. The host of
the party that night was Pacha, a well-known nightclub in New York City owned by

Dean, who is a longtime influencer in the nightclub industry.

14.

Elhiani, then a 21-year-old student at USC and an employee at both Keck

Medicine and at Lew El Properties, had traveled to New York from his hometown in

California to attend the event, for which he had long been saving money. Known as a
highly conscientious and hard-working individual, Elhiani was looking forward to an

enjoyable night in New York City. Gentle-mannered, Elhiani never had confrontations
with others, let alone a violent struggle with another individual. He has always been a

well-respected member of his community.

Case 1:12-cv-09346-PAE Document 16 Filed 01/16/13 Page 5 of 10

15.

Several hours into the party, the Bouncer saw Elhiani, and he caught sight

of the Star of David necklace that Elhiani was wearinga symbol of Elhiani's Jewish
identity. The Bouncer grabbed Elhiani and dragged him into an obscured area in the

Nightclub, where he grabbed Elhiani's throat and yanked the necklace off of Elhiani's
neck.

He threw Elhiani to the floor while screaming profanities and racial slurs at

Elhiani, embarking on an anti-Semitic attack as he called Elhiani such names as a "filthy

Jew."

16.

The Bouncer, a man physically larger than Elhiani, overpowered Elhiani

as he repeatedly kicked Elhiani in the torso and abdomen. Elhiani made no attempts to

resist the Bouncer. Having grown up in a sheltered environment, where such violence
is condemned, Elhiani had no experience with fighting.

17.

Rather than relenting after several minutes of such attacks, the Bouncer

became increasingly ruthless.

At one point, he jerked Elhiani up by his waist and

ripped Elhiani's leather jacket off before throwing him onto the floor once again and
continuing to kick him in the chest and arms. He dragged Elhiani's limp body through
the hallway, leaving Elhiani alone on the ground and all but unconscious.
18.

A witness saw Elhiani lying on the floor.

Observing that Elhiani was

barely conscious, the witness dragged Elhiani into a cab, and transported him to the
emergency room at NYU Langone Medical Center.

Unfortunately, the hospital was

packed with gunshot victims and the like, so Elhiani was transported to South Nassau

Communities Hospital in Oceanside, New York.

Case 1:12-cv-09346-PAE Document 16 Filed 01/16/13 Page 6 of 10

19.

At the hospital, doctors notified Elhiani that he had sustained a sprained

ankle as well as bruising all over his body. He was prescribed 600 milligrams of Motrin,
an MRI, and was advised to follow up several days later.

In the weeks following the

incident, Elhiani suffered severe neck and back pain, bruising along the entire left side

of his body, as well as radiating pain, persistent weakness, and numbness in his left leg.
20.

The incident not only left Elhiani with lasting physical injuries, but it also

caused him significant emotional harm.

Elhiani was raised in the Orthodox Jewish

faith, which condemns such unjustified acts of violence. He has always been a strong
adherent to his religion, known for his commitment to the Jewish principles of
benevolence and helping others. He was elected president of his Orthodox Jewish high
school because his classmates looked to him as someone capable of maintaining peace
and mediating conflicts.

21.

When Elhiani found himself at the center of a conflict at the Nightclub

an ordeal that he had never dealt with beforehe experienced serious psychological
trauma, particularly in light of the notion that the Bouncer had attacked Elhiani for his

beliefs. In an attempt to come to terms with the trauma, Elhiani spoke with rabbis and
with family members at great length.
22.

The

emotional

repercussions for his career.

and

physical

trauma

that

Elhiani

experienced

had

At the time of the incident, Elhiani was a successful

employee at both Keck Medicine and at Lew El Properties.

He had received several

commendations for his research at Keck Medicine, specifically for his studies in the

development of green tea extract as a cure for cancer. Yet, as a result of the incident,
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Case 1:12-cv-09346-PAE Document 16 Filed 01/16/13 Page 7 of 10

Elhiani had difficulty concentrating, and his physical injuries made it difficult for him to
keep himself steady at his job at Keck Medicine.

Elhiani was unable to work for a

period of about ten weeks.

23.

Furthermore, Elhiani was unable to focus at school, which affected his

grades and his ability to take the entrance exam for medical school. To this day, Elhiani

remains traumatized by the incident, unable to comprehend why he had been the

victim of an attack at the hands of an individual who, true to Elhiani's nature, he had
treated with nothing more than respect.
FIRST CAUSE OF ACTION
VIOLATION OF NEW YORK CIVIL RIGHTS LAW 79-N

24.

Plaintiff repeats and realleges the allegations made above as if fully set

forth herein.

25.

On the morning of January 1, 2012, the Bouncer at Pier 94 saw Elhiani

making his way through the Nightclub, and caught sight of the Star of David necklace
that Elhiani was wearinga piece of jewelry that many people wear to signify their

Jewish identity. The Bouncer grabbed Elhiani and forced him into an obscured area of
the Nightclub, where he violently ripped the Star of David necklace off of Elhiani's

neck, forced him to the ground, and then repeatedly beat and kicked him. While the
Bouncer attacked Elhiani, the Bouncer hurled a slew of anti-Semitic insults and
profanities at him. The Bouncer's attacks nearly left Elhiani unconscious.

26.

The Bouncer intentionally selected Elhiani for harm because of Elhiani's

Jewish religion - a religion which the Bouncer perceived as loathsome - as indicated by

Case 1:12-cv-09346-PAE Document 16 Filed 01/16/13 Page 8 of 10

the fact that the Bouncer attacked Elhiani immediately upon seeing the Star of David
necklace on Elhiani's neck, as well as by the fact that the Bouncer made a slew of antiSemitic remarks while he attacked Elhiani, including, but not limited to, that Elhiani
was "a filthy Jew."
SECOND CAUSE OF ACTION
TORTIOUS BATTERY

27.

Plaintiff repeats and realleges the allegations made above as if fully set

forth herein.
28.

On the morning of January 1, 2012, the Bouncer at Pier 94 forced Elhiani

into an obscured area of the Nightclub where few people were present.

There, the

Bouncer engaged in intentional wrongful physical contact with Elhiani when he kicked

Elhiani in the torso and abdomen while hurling profanities and ethnic slurs at him.
29.

Additionally, the Bouncer ripped articles of clothing off of Elhiani's body

and, after several minutes of such attacks, the Bouncer dragged Elhiani's limp body into
an area where presumably no one would be able to find him, and left Elhiani there,
barely conscious.

30.

At no point during the interaction between the Bouncer and Elhiani did

Elhiani consent to any form of physical contact with the Bouncer.

THIRD CAUSE OF ACTION

TORTIOUS ASSAULT

31.

Plaintiff repeats and realleges the allegations made above as if fully set

forth herein.

Case 1:12-cv-09346-PAE Document 16 Filed 01/16/13 Page 9 of 10

32.

On the morning of January 1, 2012, the Bouncer at Pier 94 repeatedly

kicked, beat, and dragged Elhiani's body into an obscured area of the Nightclub. As the
Bouncer attacked Elhiani, he hurled a series of ethnic slurs and threats at Elhiani,

making clear that his attacks were fueled by hatred and anti-Semitism.
33.

The Bouncer, in light of his unprovoked physical attacks, ethnic slurs, and

threats, intentionally placed Elhiani in apprehension of imminent harmful contact with

the Bouncer.
FOURTH CAUSE OF ACTION

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

34.

Plaintiff repeats and realleges the allegations made above as if fully set

forth herein.
35.

On the morning of January 1, 2012, upon seeing Elhiani's Star of David

necklacea symbol of Elhiani's Jewish faith the Bouncer grabbed Elhiani's throat,
ripped the necklace off of Elhiani's neck, and then proceeded to punch, kick, and drag
Elhiani's body while screaming profanities and anti-Semitic slurs at Elhiani.

Elhiani

was left nearly unconscious as a result of the attacks, and he had to be hospitalized.
36.

The Bouncer, in committing the above acts which were fueled by his

hatred and anti-Semitismdisplayed extreme and outrageous conduct.

37.

In light of his physical and psychological attacks, the Bouncer made clear

that he intended to cause Elhiani severe emotional distress.

38.
distress.

As a result of the Bouncer's actions, Elhiani endured severe emotional

Upon

returning

to

California,

Elhiani

was

unable

to

carry

out

his

Case 1:12-cv-09346-PAE Document 16 Filed 01/16/13 Page 10 of 10

responsibilities at his two jobs, resulting in his not working for a period of at least ten

weeks. He was also unable to focus at school, which affected his grades and his ability
to take the entrance exam for medical school. To this day, he remains traumatized by

the incident.
PRAYER FOR RELIEF

WHEREFORE, by reason of the foregoing, Plaintiff demands for judgment

against Defendants as follows:

A.

Lost earnings, compensatory damages for emotional distress, and punitive

damages in amounts to be determined at trial, plus attorneys' fees, costs, and interest;
B.

Compensatory damages for the Tortious Battery and Tortious Assault that

was inflicted upon Plaintiff against his will;

C.

Attorneys' fees and costs of suit; and

D.

Such other and further relief as the Court deems just and proper.
DEMAND FOR TURY TRIAL

Plaintiff respectfully demands a trial by jury for all issues so triable in this action.

Dated: January 16,2013

New York, NY

file: (21
I: john.l
Attorney for Plaintiff
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