Gage 1 of 23) SRR yFech & David M. Ring, State Bar No. 151124 TAYLOR & RING 1230Rosecans Ave, Suite 360. File BY F% FILED Manhattan Beach, California 90266 Sopra oat G10) 209.4100 FEB 14 2017 Eric A. Gowey, State Bar No, 174352 GOWEY LAW, APC ‘terri R Caper, Exgeyie Olee/Clerk 100 Wilshire Boulevard, Suite 700 9 AL Lake? Dery Santa Monica, CA 90401 (310) 404-6850 UL Attomeys for Plaintif, DOUG ADLER \oux c [Zeno ‘SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES, CENTRAL DISTRICT 9526 DOUG ADLER, ) casero, BOBS vo by Fax ) 3 COMPLAINT FOR: File by Plaintiff, ain, } 4. WRONGFUL TERMINATION OF vt EMPLOYMENT 2, BREACH OF IMPLIED COVENANT ESPN PRODUCTIONS, INC., a California corp OF GOOD FAITH AND FAIR MARK GROSS; an individ DEALING JAMIE REYNOLDS, an indi *. i, 3. INTENTIONAL INTERFERENCE ‘and DOES | through 50, 3 WITH PROSPECTIVE ECONOMIC ) RELATIONS Defendants. ) } 4. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 5. NEGLIGENT INELICTION 2 38 pS EMOTIONAL DISTRESS 25" i 3 DEMAND FOR JURY $813 = #8 eRe 7 Plaintiff DOUG ADLER, hereby brings his complaint against the above-named Deft : alleges as follows: ¢ 5 a sesh it BBB 3 6 ‘COMPLAINT FOR DAMAGES, DEMAND FOR TURY TRIAL ‘Boot 3 Faget 1 ~ Doo 1D 622030260 - Doc Type = OERage 2 of 25) ' ‘THE PARTIES 1. Plaintiff DOUG ADLER is resident of California. ADLER is tennis commentator who provided play-by-play and expert color analysis for professional tennis television broadcasts, including those on ESPN, For many years Adler has been a broadcaster for the Australian Open, U.S. 6 ]] Open, French Open, and Wimbledon, Adler was hired by ESPN in 2008. He was a broadcaster for the : 7 |\2017 Australian Open. Adler was wrongfully terminated by ESPN after Adler described Venus ‘Williams as using "guerrilla tactics, a description that is commonly used in tennis to describe a form of 7 aggressive play. ESPN bowed to pressure from those using social media, including Twitter, who 11 || mistakenly believed Adler used the word "gorilla" to describe Venus Williams. ESPN wrongfully 12 || terminated Adler and has since caused other employers to shun Adler, causing Adler serious financial 33} and emotional harra. 4 2. Defendant ESPN PRODUCTIONS, INC, ("ESPN") and DOE 1-20 is California 1s corporation that has a principal place of business in Los Angeles County, California, ESPN is the 17 |[teading multinational, multimedia sports entertainment company. Defendant DOES 21-50 are other 18 || related entities of ESPN that also engage in the production of sports entertainment programming, 3. Defendant MARK GROSS holds the position of Senior Vice President, Production and Remote Events, for ESPN. He has held that position since 2014, GROSS oversees all event production for ESPN's US. television networks. 4, Defendant JAMIE REYNOLDS holds the po of Vice President, Production, for ESPN. REYNOLDS has primary responsibility overseeing ESPN's tennis portfolio, which includes, | start-to-finish coverage of three of the sport's four Majors ~ the Australian Open, Wimbledon, and the 8 Bees Ree 8 [U.S. Open. B a “COMPLAINT FOR DAMAGES; DEMAND FOR TURY TRIAL, Beeb 1 Paget 2 ~ Dec XD = 1683830260 ~ Doo ype = ONERerage 3 of 23) i 5. The true names and capacities, whether individual, corporate, associate or otherwise of DOES 1 through 50 are unknown to Plait ‘who therefore sues these defendants under sad fictitious. names. Plaintiff's informed and believes that each of the defendants named as a Doe defendant is egally responsible in some manner for the events referred to in this Complaint, and is either 6 | negtigently, willfully, wantonly, recklessly tortiously, strictly liable, statutorily liable or otherwise, for 7 || the injuries and damages described below to this Plaintiff. Plaintiff will in the future seek leave of this * || court to show the true names and capacities ofthese Doe defendants when ithas been ascertained. ’ : 7 6. Plaintiff is informed and believes, and thereon alleges that each defendant acted in all 11 ||tespects pertinent to this action asthe agent of the other defendants, caried out a joint scheme, business 12 || plan or policy in all respects pertinent hereto, and the ats ofeach defendant are logelly attributable to '? | the other defendants. PLAINTIFF'S BACKGROUND, 7. Plaintiff DOUG ADLER grew up in Los Angeles and was a walk-on, non-scholarship 17 | athlete at the University of Southern California (USC) ftom 1977 to 1981, where he became an All- 18 |] American tennis player. After leaving USC, he played on the professionel tennis tour and was world- ranked in both singles and doubles. 8. After his tennis playing career ended, Plaintiff became a successful businessman, and helped run a highly-suecessful clothing manufacturing company for many years. 9, After achieving suecess in business, Plaintiff decided he wanted to do something different in his professional life. Without having any prior broadcasting experience, he decided he ‘wanted to become a sports broadcaster. He was able to gain entry into the incredibly competitive world Boke ze 8 of tennis broadcasting around 2002. He started out as an on-court announcer at certain professional tennis tournaments and then was hired as a broadcaster, doing both play-by-play and color BOS 3 ‘COMPLAINT FOR DAMAGES; DEMAND FOR JURY TRIAL ‘och 3 Pageh 3 ~ Doe ID = 1683820260 - Doe type = omrage 4 of 23) 4 }Jcommentary. This mid-life entry into the field of sports broadcasting, without any prior experience, was unprecedented. 10, Plaintiff was a natural at broadcasting and was intimately knowledgeable about the game of tennis, such that by 2008 he was working as a tennis commentator forall four of professional tennis’ 6 || major championships: the Australian Open, French Open, Wimbledon, and the U.S. Open, Plaintiff 7 || worked for ESPN since 2008 as a broadcaster for these events and other tennis events that ESPN broadcast. 11, Plaintiff estimates that over the course of his broadcasting career, from 2004 to 2016, he 11 || announced approximately 3000 teanis matches, Plaintiff travelled the world to do these matches. 2 12, Plaintiff is well-respected among his peers. Plaintiff is incredibly knowledgeable about tennis and knows the history of tennis going back to the 1960s when he was a child in L.A. playing junior tennis. 13, Plaintiff closely followed all aspects of tennis from the mid-1970s on starting when he 17 || played in high school and continuing into his careers at USC and on the pro tour. Even as a 18 || businessman, Plaintiff closely followed the sport and knew all ofits terminology and tactics. That is ‘one reasonwhy he was able to become a successful tennis broadcaster without having any broadcasting experience whatsoever. He knew the game like few others. 14, Plaintiff has few peers when it comes to tennis terminology. As such, to someone like Plaintiff, who has over 40 years of tennis experience, the phrase “guerrilla tennis" is one that has ;UERRILLA TENNIS’ 15. Some of the most farmous television advertising campaigns are those by Nike. One of 2 8 & || requently been used to describe a players aggressive tactics in the sport. 8 36 : Nike's all-time famous television ads was entitled "Guerrilla Tennis" and became one of the most 8 4 ‘COMPLAINT FOR DAMAGES, DEMAND FOR JURY TRIAL ‘ooh 4 Fagot 4 ~ Doo XD = 1682830260 - Doe Type = OTIER(rage 5 of RroR yee ce 8 talked-about commercials in the 1990s. It featured all-time greats Pete Sampras and Andre Agassi jumping from a taxi in the center ofa crowded New York City street, setting up a tennis court in the intersection, and then playing "guerrilla tennis" while crowds gathered around. The two players slammed the ball back and forth at cach other in this commercial that i still widely-acclaimed as one of | the best ever made, Nike itself entitled the ad "Guerrilla Tennis." Obviously, Plaintiff saw that commercial many times and the phrase became widely used by those who actually understood tennis ‘vernacular and followed the sport closely. 16. Even now, 20 years after the Nike commescial, "guerrilla tennis" is still used among teanis journalists, broadcasters. players, and fans. One ofthe most respected tennis journalists is Peter }Bodo. He is currently the senior editor of Tennis (Tennis.com and Tennis magazine), and has written for many sports publications over the years. In 2012, Bodo wrote a profile on female tennis great | Agnieszka Radwanska, one of the sport's premier players. Bodo described Radwanska's aggressive style of play as only Bodo could, as follows: "The adjectives that come to mind to describe Radwanska are: Implacable, remote, unflappable, leisurely, languid, measured. She often plays from a low crouch, 25 if she's dodging real bullets rather than optic yellow ones. It's effective as a discipline that yields consistency, but is also an apt symbol. Hers isa game of the insurgent. It's guerrilla tennis - especially ag taller, more powerful, more physical rivals." (Tennis magazine article entitled "Born This Way" by Pete Bodo, March 31, 2012; emphasis added.) 17. Sports Illustrated highlighted the Bodo article a few days later, in its "Daily Bagel" blog, and used the title “Agniescka Radwanska Playing 'Guerrilla Tennis." (Emphasis added.) 18. In 2013, Bodo wrote about a five-set epic match between Roger Federer and Andy Murray. Bodo's article was on ESPN.com, Bodo wrote, "Against Federer, Murray confirmed that his new, more aggressive game can bear up under world class stress. The 25-year old Scot dictated the s ‘COMPLAINT FOR DAMAGES, DEMAND FOR JURY TRIAL ‘Boot 1 Faget 5 — Dec 1D = 1603830260 - Doe Type = OTHERrage 6 of 25) 1 {tone and pace of thet match. He forced his 31-year old rival, the alltime singles Grand Slam Jchampion, to fight a biter guerrilla war.” (Emphasis added.) 19, ‘Many other tennis commentators and writers have used "guerilla to describe «5 || eeressive tennis players who use a specific tennis strategy of aggressively attacking balls and coming 6 ||to the net so as to intimidate the opposing player, thus forcing their opponent into making unforced errors. The "guerrilla effect” is just that: a player charges his or her opponent's weakly hit serve or forehand and aggressively hits winning shots back at them, ‘The opponent is soon unnerved, and his or /her game falls apart. Thus, "guerzilla tennis." 7 PLAINTIFF'S CALL OF THE VENUS WILLIAMS MATCH 2 20. Plaintiff was hired by ESPN to be an announcer at the 2017 Australian Open. On January 18, 2017, Plaintiff was callin the match between tennis legend Venus Williams and Stefanie Voegele from Switzerland, who was ranked 112 in the world in ladies’ singles. Venus, who ultimately [reached the finals where she played against her sister, Serena, clobbered Voegele in the January 18 17 || match by a score of 6-3, 6-2. In fact, Venus played some of her best tennis in years during the 2017 18 || Australian Open, and was incredibly aggressive and dominating on her path to the finals. This match against the younger, stronger Voegele was no exception, 21, — Voegele was missing first serves, and Venus would then hammer Voegele's weak second serve. Venus was so dominant she would move up into the court to take the serve, thus junnerving Voegele. With Venus dominating 6-3, 1-0, and Voegele serving, Voegele again missed her first serve. Plaintiff then said the following, “She misses her first serve and Venus is all over her. . 'Voegele then missed her second serve. Plaintiff continued his commentary by saying, ".. . and you see Row Pee Venus move in and put the guerrilla effect on .... charging,” 6 ‘COMPLATNT FOR DAMAGES, DEMAND FOR JURY TRIAL ‘Boab 1 Faget 6 - Doc =D = 1609830260 - Doe type = OTHER1 2, This was. perfectly apt tennis term to use ina perfectly apt moment so as to describe ‘Venus brilian, aggressive, dominating play thet day. It was no different than how the great writer [Peter Bodo described Radwanska in his article. 23, Plaintiff ost his job, his broadcast carer, and his reputation over this single remark. 6 || BSPN took the easy way out and bowed to the Twitter universe of hates and those ignorant of tennis 7 || who thought Plaintiff used the word “gorilla" to describe Verms Williams that day. ESPN WRONGFULLY TERMINATED ADLER 24. Ben Rothenberg is a tennis writer for the New York Times. In mid-2015, Rothenberg 11 | received heavy criticism for an article he wrote about body image issues that female professional tennis 12 |] players supposedly had. The article focused on Serena Williams. Rothenberg was heavily criticized "3 I/for the article, and many deemed it 1o be sexist and racist. Plaintiff is informed and believes that Rothenberg fell out of favor withthe Williams’ sisters because ofthe article and desperately wanted to redeem himself and get back in their favor somehow. i 2S. On January 18, 2017, Rothenberg, who was covering the Australian Open for the New 18 |] York Times, became aware of Plaintiff's comment and decided to "tweet" about it. Rothenberg used +his Twitter feed and linked a comment by one of his followers that had the video clip attached. The follower had tweeted, "She put the Gorilla effect on. Charging." and said "This is not cool.” Rothenberg then used his positon of power and influence as the Times’ tennis writer to retweet that ‘comment along with his own self-serving statement, "This is some appalling stuff. Horrifying that the Williams sisters remain subjected to it still in 2017." 26. Plaintiff is informed and believes that Rothenberg, who had been the subject of criticism Bros yee for his perceived sexist and racist article about Serena Williams, knew full well that Plaintiff meant 7 CCOMPLATNT FOR DAMAGES; DEMAND FORJURY TRIAL. ‘Deoh 1 Fageh 7 ~ Doo ZO = 2682830260 ~ Doo type = OTHERrage 8 9f 25) Protea S * guerrilla" but instead of clarifying that comment, Rothenberg portrayed Plaintiff as using “gorilla” in an effort to ingratiate himself with the Williams’ sisters, 27. Rothenberg's tweet ignited the flames of anger and hatred agaiist Plaintiff. Soon, the Twitter universe was saying that Plaintiff "called Venus a gorilla.” 28, The next day, defendant ESPN forced Plaintiff to go ona live broadcast of another match and apologize for what he sed. Plaintiff told defendants tha there was nothing wrong with using the word "guerrilla" to describe a tennis tactic. ESPN agreed with Plaintiff, told Plaimtiff it ‘understood the use of “guerrilla” in that context, but wanted Plaintiff to apologize anyways. Defendants told Plaintiff that he needed to apclogize on the air and by doing so it would diffuse the situation and he could then continue with his broadcasting of the tournament. Reluctantly, Plaintiff smade an on-air apology and made it clear he never called Venus a "gorilla" but had meant "guerilla." 29, After making the on-air apology, Plaintiff essumed, based on what he had been told by defendants, that he would continue calling the match and the rest of the tournament. Suddenly, however, Plaintiff was told to leave the broadcast booth as soon as he finished making the apology. 30. Defendants then fired Plaintiff the next day and told him he was done working tennis at ESPN. 31. Defendants ESPN, Gross, and Reynolds knew that Plaintiff used the word “guerila,” Jand not "gorilla." Yet they fired him anyway. In fact, ESPN announced the firing of Plaintiff on its website with the headline, "ESPN tennis commentator apologizes for description of Venus Williams’ style of play." (January 19, 2017). ESPN admitted in its own news article thet, because the two words sound the same, it was "impossible (in ESPN's view) to say for certain which word Plaintiff spoke. 32, Thus marked the abrupt end of a 15-year broadcasting career. It goes without saying that Plaintiff is anything but aracist. He has never uttered the word "gorilla" to describe any athlete. ‘COMPLAINT FOR DAMAGES; DEMAND FOR JURY TRIAL ‘Doob 1 Page @ ~ Doo ID = 1693820260 - Doo type = onERage 9 of 28) 1 |{ Although New York Times writer Rothenberg did just that, writing that Andy Murray was jumping up and down like a gorilla” after winning a match) Plaintiff has the greatest respect forall tennis players, and especially the Williams sisters, who grew up on the streets of Los Angeles playing on public cours, just like Plaintiff did when he was young. ‘ 33, Plaintiff is now known as "racist" the person who called Venus Williams "a gorilla* and 7 | who is now persona-non-grata in all professional teonis circles. For something he never said. ‘ ’ i FIRST CAUSE OF ACTION " WRONGFUL TERMINATION OF EMPLOYMENT i 2 (Against ALL Defendants) | a 34. Plaintiff realleges and incorporates herein paragraphs 1 through 33 of this Complaint as 4 ** WT mough fully set forth. : : 35. Plaintiff’ and Defendant ESPN and Does 1-50 entered into an employment relationship in : 17 |] which Plaintiff agreed to announce professional tennis matches and, in return, ESPN promised to 48 || compensate Plaintiff for doing so. This employment relationship began in 2008 and continued unti) January 19, 2017. 36. Defendant ESPN promised, by words and conduct, to discharge Plaintiff only for good cause, 37. Plaintiff performed his job duties in an exemplary manner for ESPN for 10 years, up to and including during the 2017 Australian Open. 38. On January 19, 2017, Defendant ESPN fired Plaintiff from his announcing jobs with ESPN. The tenmnination of Plaintiff's employment was without any good cause, and done without any BS Rete iB 8 investigation into the matter. This decision was made by defendants ESPN, GROSS, and REYNOLDS, ° “COMPLAINT POR DAMAGES; DEMAND FOR URY TRIAL ‘Boab 2 Page 9 ~ Doc 3D = 1683830260 - Dee "ype = omERage 10 of 23) " |} and Does 1-50, all in the name of protecting ESPN's “brand” regardless of the devastating effect the perceived discharge for making an allegedly racist remark would have on its long-term broadcaster, 39, Asadirect result of ESPN's public announcement that Plaintiff was fired and removed from announcing any more Australian Open matches, ESPN in effect told the public at large that 6 || Plaintiff had used the word "gorilla in describing an Aftican-American tennis player, and as such he 7 || would never work for ESPN again. 40. Asa direct result of ESPN's wrongful termination of Plaintiff, Plaintiff bas been ostracized, defamed, labelled a "racist," and lost other announcing jobs with other employers other than 1s | BseN. 2 41. Asa direct result of ESPN's wrongful termination, Plaintiff has suffered and will '3 |] continue to suffer serious damages, both economic and non-economic in nature, Plaintiff has lost “ announcing jobs wich translates into lost income. He has lost fatuce opportunities inthe sporting and 3 business worlds because no one will ever hire a "racist." He has suffered serious emotional distress and 6 17 |] harm, because he has been falsely accused as being the worst thing imaginable, and something he 18 || cleacly isn't and never has been, all over the use of the word "guerrilla," a word that is commonly used. » Vin tennis, 2 SECOND CAUSE OF ACTION BREACH OF THE IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING (Against ALL Defendants) 42. Plaintiff realleges and incorporates herein paragraphs J through 33 of this Complaint as though fully set forth, BOS Broker te 0 ‘COMBLAINT FOR DAMAGES; DEMAND FOR JURY TRIAL ‘boot 1 Baget 40 ~ bea £9 = 1682820260 - noe Type = OMARrage 12 96 2 43, Plaintiff and Defendant ESPN and Does 1-50 entered into an employment relationship in ‘which Plaintiff agreed to announce professional tennis matches and, in return, ESPN promised to compensate Plaintiff for doing so. This employment relationship began in 2008 and continued until January 19, 2017, 44, Plaintiff performed his job duties in an exemplary manner for ESPN for 30 years, up to luding during the 2017 Australian Open. 45. On January 19, 2017, Defendant ESPN wrongfally fired Plaintiff from his announcing jobs ESPN. The termination of Plaintiff's employment wes without any good cause, and done without any investigation into the matter. This decision was made by defendants ESPN, GROSS, and REYNOLDS, all in the name of protecting ESPN's "brand! and "image" regerdless of the devastating, effect the perceived discharge for making an allegedly racist remark would have on its long-term. broadcaster. 46. Infact, ESPN, GROSS, and REYNOLDS and Does 1-50 knew that Plaintiff used the ]word "guerilla," end not “gorilla.” Yet it fired him anyway. ESPN announced the firing of Plaintiff with a press release and on its website with the headline, "ESPN Tennis Commentator Apologizes For Description of Venus Williams’ Style of Play." (January 19, 2017). ESPN admitted in its own news article that, because the two words sound the same, it was "impossible" (in ESPN's view) to say for certain which word Plaintiff spoke. This admission demonstrates that Defendants acted in bad-faith in terminating Plaintiff's employment, ESPN edmitted to the public it could not ascertain if Plaintiff said "gorilla." And, prior to the discharge, Plaintiff fully explained to ESPN that he used the word "guerrilla" and explained the context of why that word was appropriate for the situation at hand. 47. Asa direct result of ESPN's public announcement that Plaintiff was fired and removed fiom announcing any more Australian Open matches, ESPN essentially told the public, that atleast u ‘COMPLAINT FOR DAMAGES, DEMAND FOR JURY TRIAL ‘Dost 1 Paget $1 - Doe FD = 1609830260 ~ Doo type = OnERage 12 of 23) 1 from ESPN's point of view, Plaintiff had, in fact, used the word "gorilla and as such he would never work for ESPN again. 48. Defendants’ conduct amounted toa failure to act fily and in good faith. Defendants shunned ther long-time announcer simply to appease a small following of the Twitter universe and to 6 |] protect its brand and image. : 49, Asa direct result of ESPN's wrongful termination of Plaintiff, Plaintiff has been ostracized, defamed, labelled a "racist," and lost other announcing jobs with other employers other than. }ESPN. in 50. Asa direct result of ESPN's wrongful termination, Plaintiff has suffered and will * 12 JJ continue to suffer serious damages, both economic and non-economic in nature. Plaintiff has lost announcing jobs which translates to lost income. He has lost future opportunities in the sporting and 1 business worlds, because no one will ever hire a *racist." He has suffered serious emotional distress ‘and harm, because he has been falsely accused as being the worst thing imaginable, and something he 17 |] clearly isn't and never has been, all over the use of the word "guerilla," a word that is commonly used 18 Hin tennis, THIRD CAUSE OF ACTION INTENTIONAL INTERFERENCE WITH PROSEPECTIVE ECONOMIC RELATIONS (Against ALL Defendants) 51. Plaintiff realleges and incorporates herein paragraphs 1 through 33 of this Complaint as though fully set forth, Browse eS By 2 COMPLAINT FOR DAMAGES; DEMAND FOR JURY TRIAL ‘Book 1 Bagel 32 ~ Doo TD = 1603890260 - Doo Type = OnIERrage 13 of 23) 1 52. Plaintiff had other tennis broadcasting jobs with employers other than ESPN and Does 1-50, Plaintiff had these ther jobs for many years, and Plaintiff had no reason to believe these other employers would suddenly stop hiring him as a broadcaster for 2017 and beyond. 53, Defendants ESPN, GROSS, and REYNOLDS and Does 1-50 knew of Plaintiff's 6 || relationships with these other entities and employers that hired Plaintiff to brozdcast tennis 7 || tournaments. 54, After ESPN wrongfully terminated Plants employment on January 19, 2017, Defendants engaged in conduct that was direcly aimed at ensuring Plaintiff did not resume his 0 11 || broadeasting activities with these other entities and employers. Defendants told the other entities that 12 || Plaintiff should not be hired for those jobs and that there would be consequences if he was in fact 13 || allowed to work those jobs. " 55, Asa direct result of defendants’ misconduct, Plaintiff has lost, and will continue to lose, other broadcasting jobs. All of those jobs were ones thet Plaintiff had worked on for years. The only 17 || reason Plaintiff has or will lose those jobs is because Defendants told the other entities and employers 18 | to not hire Plaintiff. 56. As such, Plaintiff has lost, and will ose, broadcasting jobs that were once his, and were ‘ones he counted on working for many more years, 57. Asadirect result of defendants intentional interference with prospective economic relations, Plaintiff has suffered and will continue to suffer serious damages, both economic and non- economic in nature, including lost wages, ost employment opportunities, and other financial losses. Gi Gi 8 RotrRe 8 Oi 0 ‘COMPLAINT FOR DAMAGES; DEMAND FOR JURY TRIAL 4 Page? 42 - Boo 2D ~ 1685820260 - Doe type = ommRage 16 of 2 FOURTH CAUSE OF ACTION INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (Against ALL Defendants) 58. Plaintiff reelleges and incorporates herein paragraphs 1 through 33 of this Complaint as though fully set forth, 59, Defendants ESPN, GROSS, and REYNOLDS' and Does 1-50 misconduct in its treatment of Plaintiff was outrageous. 60. Defendants knew that by terminating Plaintiff during the middle of the Australian Open, after forcing him to apologize on the ar, the public at large would simply accept the fact that ESPN fired its announcer for being a racist and calling Venus Williams a "gorilla." ESPN knew this was falso, as Plaintiff fully explained the context in which he used the entirely appropriate word "guerilla." But defendants chose to protect its own brand and image, and instead effectively branded Plaintiff racist and fired him. 61. As aditect result of ESPN's wrongful termination of Plaintiff, Plaintiff has been ostracized, defamed, labelled a "racist," and lost other announcing jobs with other employers other than FESPN. This has caused Plaintiff serious and severe emotional harm and distress. 62. Defendants ded to cause Plaintiff this emotional harm, or, at a minimum, acted with reckless disregard of the probability that Plaintiff would suffer such emotional distress, knowing that Plaintiff would be labeled a “racist” and never work in tennis again because of the stigma attached to the alleged comment he made, which defendants knew he did not make, 63. _Asadirect result of defendants misconduct, Plaintiff has suffered and will continue to suffer serious damages, both economic and non-economic in nature. Plaintiff has lost announcing jobs which translates into lost income. He has lost future opportunities inthe sporting and business worlds, 6 ‘COMPLAINT FOR DAMAGES, DEMAND FORTURY TRIAL ‘Dect 1 Pages 1d ~ Dea ID = 2693830260 - peo Type = CTABGage 25 of 25) * |] because no one will ever hire a racist." He has suffered serious emotional distress and harm, because he has been falsely accused as being the worst thing imaginable, and something he clearly isn't and never has been, all over the use of the word "guerrilla," a word that is commonly used in tennis. : 6 FIRTH CAUSE OF ACTION ? NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS : (Against ALL Defendants) (64. Plaintiff realleges and incorporates herein paragraphs | through 33 of this Complaint as 11 || hough fully set forth, n 65. Defendants ESPN, GROSS, and REYNOLDS’ and Does 1-50 misconduct in its treatment of Plaintiff, if not outrageous, was negligent. 66, Defendants knew or should have known that by terminating Plaintiff during the middle ofthe Australian Open, after forcing him to apologize on the air, the public at large would simply 17 }]Aocept the fact that ESPN fired its announcer for being a racist and calling Venus Williams a "gorilla." 18 | [ESPN knew this was false, as Plaintif fully explained the context in which he used the entirely appropriate word "guerill.” But defendants chose to protect its owm brand and image, and instead effectively branded Plaintif.a racist and fired him. 67. Asa direct result of ESPN's wrongful termination of Plaintiff, Plaintiff has been ostracized, defamed, labelled "racist," and lost other announcing jobs with other employers other than [ESPN. This has caused Plaintiff serious and severe emotional harm and distress. 68. Defendants knew or should have known that the manner in which it handled this matter would result in serious backlash against Plaintiff because he would be deemed a "racist" who called BS Fotphue & Venus Williams a "gorilla." Yet, defendants did not investigate, and did not take into account Ben 15 ‘COMPLAINT FOR DAMAGES; DEMAND FOR TURY TRIAL och 1 Fagev 25 - Doo 1D = 2693030260 - Doe Type = OTHERage 15 of 25) 1 |} Rothenberg’s role in fueling the belief that Plaintiff said "gorilla" and the ulterior motives that [Rothenberg very well may have had in so doing. Defendants lied to Plaintiff when they told him if he apologized on the air, it would make things better and he could then resume his duties. Defendants simply wanted Plaintiff to apologize, knowing they would then fire him moments after he did so. 6 69. As adirect result of defendants! misconduct, Pl fT has suffered and will continue to 7 |] suffer serious damages, both economic and non-economic in nature, Plaintiff hes lost announcing jobs which translates to lost income. He has lost future opportunities in the sporting and business worlds, i ‘because no one will ever hire a "racist." He has suffered serious emotional distress and harm, because 11 ||hehas been falsely accused as being the worst thing imaginable, and something he clearly isnt and 12 |! never has been, all over the use of the word "guerrilla," a word that is commonly used in tennis. - PRAYER FOR RELIEF ‘As aresult ofall defendants’ intentional and negligent conduct, Plaintiff prays for judgment as 17 |} follows: 8 1. For general damages according to proof i 2. For special damages according to proof; : : 3. Forpunitive damages against all defendants according o proof, for each claim in this ‘2 | [Semplaint thet warrants an award of punitive damages; B, 4 For attomey fees; ms 4 5. For costs of suit; “4 6. For prejudgment and post-judgment interest according to law; and es tt ” 2s ||! ‘COMPLAINT FOR DAMAGES, DEMAND FOR JURY TRIAL. ‘Boot 4 Faget 26 - Doo 1D = 1605830260 ~ bee Type = OnIERage 17 ot 23) e e | | 1 7. Forsuch other and further relief as the court may deem just and proper. Dated: Febmunl 2 2017 TAYLOR & RING , DOUGADLER 8S Aotreee 8 ” ‘COMPLAINT FOR DAMAGES; DEMANO FOR TORY TAIAL ‘Dock % Paged 47 ~ Doo HD = 1602830260 - Doo type = OTIERGage 18 of 2) [ATOR OR RT TROUT TORY Ps WE a a [David m. Ring -- #151124 TAYLOR & RING 1230 Rosecrans Avenue Fak Suite 380 Fieby FILED Manhattan Beach, CA 90266 ‘Superior Court of Californty Texmmevo: (310) 209-4100 vara: (320) 208-5052 ‘County ef os Angee, Arronevronpvene: Phaintift SUPE CURT OF aoa, cOUNTYOFLOS ANGELES ‘svmecraooness: 111 N. 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Tloiner pupoiwo (23) ‘conderanation (14) above listed provisionally complex case Naxeuromw0 oten Tet ont eon eee [Joti tect waves pect) Oberst goer a Enorcamertt Judgment CElevacene 0 Ul Deter ramet een 2) (C2 ]oetamatan (13) Cl conmorca (1) ‘higeotaneous Chil Complaint (Sheet Tresor e2) Jaco an Sletten opey 2) Clow ae otc carp et pct aoe) 2 (Jerson eggons 25) ‘iil Review clea Ci Peiton TJonercon puro ot 38) ToJanet tet 08) Panne et const greene Erploynert (Eoesenre: ation sues) oer pent etd abr CX) Wrongtal termination (36) J wetot mancats (02) omer empayee5) Clonertiaca eu 6 2 Thiscase [Jis (i) isnot complex under rule 3.400 ofthe Calforia Rules of Court, Wie case Is complex, mark he {actrs qui exceptcnal judicial management: 2. (_} Large numberof separately tepreserted parties 4. [—] Large number ofwinessas, b, (7 Extensive motion practice raising dificult or novel e. [“—] Coordination with related actions pending in ene or more courts, sues that wl be te-consuming to resolve in otner counties, states, or counties, ona fegere court c (} Substantial amount of documentary evidence 1. [[] Substantial posyjudgrment judicial persion 3. Remedios sought (ac al that apply: ‘monetary b. (—Jnonmonetery; ceceratory orjuncverelet c. G32] punitive 4. Sumber of causes of cton (speci: FIVE. 5."Thiscase Lis CX] Isrot aclassacton sut, 8. tere are any known related casas fle and serve a note of relate case (You may use form CM-Q15) Oey February 19, 2017 151124 a c ATOR FIRTT NOTICE ‘+ Platt must otis cover shoet with the fist paper fd in he action or proceeding (except small claims cases or cases fled der te Probe Code, Family Codec Weta andinstuons Code) {Cal. ls ef Cour, ele 3220) Feurtofie may rec sanctans, ‘File this cover sheet in ado to any cover shoot raqurod by local court rl, 1 IftPis case is complax under rule 3.400 at sq, ofthe California Rules of Cour, you must serve a copy ofthis cover sheet on all ‘other parts tots acon or procoeding. + Unless his is a ctectons caso undo le 3.740 oro complox case, Ws cover sheet wil ke used fo statistical purposes oy utiveecleenae IVIL CASE COVER SHEET, ae ona ‘tina s Dood 1 Page 38 — Doo TD = 1603830260 - neo type = OTHER(eage 19 of 29) + sINsTRUMBoNs on HowTo COMPLETE THE clr SHEET onn-or0 To Plaintiffs and Others Filing First Papers, If you are filing a first paper (for example, @ complaint) In @ civil case, you must erie ad te long wih your fs paper, he Cie Case Cover Shae caraned on page This tora vile seo comple ‘Statistics about the types end numbers of caées filed. You must complete items 1 through 6 on the sheet. In item 1, you must check ‘one box for the case type that best describes the case. If the case fits both a general and @ more specific type of case listed in item 1, hock he more epecte one. Ite ease hat multiple cauees of acon, check he box at best nce the primary use of son, ‘To cit youn coming th seat, exe fh costs al bong urder each cese pe nlm 1 ae proved elon. corer eet must be ted on wh yout paper Fale to la cover sheet a ers papa fed na cl ease may evel @ pat Is eunesorbant sancions uncer rues 2.90 and 3.20 of he Geforia Rules of Cou ‘opartesn le 2740 Coleone Caso. A"colectens case" under la3740 fs defned as an acon recovery of money ed in sum sated tobe etn ta rl mre hen $28,008, exif tes and aomeyS es, ars fom aansacon wich rope, sane, of money was aoqared enced. Action case dos rot acu an eaten sey fe leis () arog, puiv cemoges, reeovery of pope, rcevery of porsnal proper, e() pret wi of acer The encaon of care es le 9 40 Coleco case 9s fm mean raw bo outap fern genera tn orerice Tequemers and css management eeu a delenda’ Wasa esporsiv pleading. Au 374 cole ate il bo sje {phe equremerts sence and ong ajaent nr 370, ‘To Parties in Complex Cases. in complex cases only, parties must aiso use the Civil Case Cover Sheet to designate whether the aso fs compos, spat Delves ts eas ls camponunfr ns 3400 ha Celfona flo cf Cour the mst be nee by completing the appropriste baxes in items { end 2. if a plaintiff designates a case as complex, the cover sheet must be served with the ompaicon a pares to he aclen A eaendanl may tle and serve no ater tan ih ime ois fst appearance a onder nthe plains cesignetion @courte-designtion fat he case is no! comple, othe plant has made ne designation, a csignaton fot ‘he casas complex. case Pes an ExaLes stor conte vty compe son ‘Auto (22}—Personal InjuryiProperty Breach of ContrectWarranty (08) ‘Rules of Court Rules 3.400-9.403) eaten soa raat selcout eee ate) vee eo iinet er Sonera Focrtouim auc Conary Beach seter Sreatea igor 2 inmedel aug) omy ‘usw Cag ant citer IPO (ec cow bth tcomciiey ioniy tpn coe Frepant ‘DamageWrongful Death) cof peewee ‘€880 type listed above) (41) cases SESE mann cto ‘Asbestos Property Damage ‘Other Promissory Note/Collectons rcament af Juégmant (20) ‘Asbeslos Personal Injury Cas Tooa Ouet wit oan mgm ean ft ronson ‘Product Liability (not asbestos or complex) (18) ‘Confession of Judgment (non- ‘cannula een Seat aay sito ‘ee susie Rage ate ogee Soma ere awe ‘Physicians & Surgeons onvocual Fraud {ot wpa exes) onraan ete Senate Ste lteter cay et ‘nee nourepesy “cranny tes a BSE Sanone cone Stbcera pres Tomas Say (20 Creme Se ma waite caress conpae recttotmeono «Sakata civanan “RE rl yea icles aaa ees serene Si Seca ut ny ieaieesl pape aee ace boon hon ‘Emotonel Distess. lereatsure) ee ner uroW Unowtt etree eck UE Nor PIPOMD (thr To ‘connarcl at) ha Conic Com, See ne fou ones Ses Seacen Sie css nt a! i ciara een, Sage OST ONON, yaa Siecemal a” agement teen RS eee Sh. et Pane en ae ng Pals totes rt Mtge eae Feros tnt wader eter nego 25 rihanna on ume ane Eaaapetet ut Lagal Malpractice Case Matter ‘Abuse | Other Professional Malpractice ‘Wrl-Oiher Limited Court Case. ‘Election Contest | medica en dame ote nae PIP DIO TEA) ta so ei 0) nen or eft eat ice ce Tora tomiston ce : Gimme Toil Ne ver aan | Baro Pee ay CTT CIVIL CASE COVER SHEET pore ‘Dead 1 Pagel 39 - Doo 1D = 1693830260 - Doo Type = OTHER(age 20 of 23) ‘SwORTTWE ADLER vs, ESPN PRODUCTIONS, INC. Pm Be 0526 CIVIL CASE COVER SHEET ADDENDUM AND. 8 py Fax ‘STATEMENT OF LOCATION - File by (CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE LOCATION) ‘This form is required pursuant to Local Rule 2.3 in all new cv case filings inthe Los Angeles Supetior Court ' Step 1: After completing the Civil Case Cover Sheet (Judicial Council form CM-010). find the exact case type in ‘ Column A thet corresponds to the case type indicated in the Civil Case Cover Sheet Step 2: in Column B, check the box for the type of action that best describes the nature of the case, chosen. ‘Step 3: in Column C, cre the number which explsns the reason forthe cour fling location you have ‘Applicable Reasons for Choosing Court Fling Location (Column C) 1. Glass actors must te fles inne Sane Mask Couthouse, Cenkal Dt, 7.Leelon who pline esis 2 Purse tg inca dete {.tecaton wre dlecentesponder ico wy 2. Locatan whee cout of aon se, 4. tocatn were oer moto ie pares ete. 4 Manat personal jay ag Noth Di 10-Leaion Labor Corser Oe. eae eae ‘1-Mandoty tng baton Gb Cases awd tas, ed pee ee ‘nen-collecton, Emted collection, or pessona injury). 6. Leaton of ponent erranenty gaged etic A B c Crt Coe Cove Set ‘yet Acion poptate Reasons - Coase 8. (Chester ore) See Sip 3 Above a ‘no 2) (aro tar voice - Pearl yPrpatyDanogenongu Desh | 1.4.14 2 Uninsured Moira (46) |[—]A7110 Porsanl juy/Property Damageengtul Death Uninsured Motor 1,4, 11 = sasoo astaucs Proper Damape 1H zy fametes(0) TF arz2t astets - Peron nen Dest 4m Be | renitamy an [Claro ran tno prensa oceans nan ~jar210 Medea Mapricie -Prystans& Sureons nant Ep | Metestmavense 9 |(-5 pz omer Pteronl tea Com Meee nat 5 eS Ij r2s0 Premises Lapaty (e.g, sip ant fal) 4 tt er Peer! = Thuy Prpery [A720 tneniona Bey inPrpery DarapeMrocgta Dead eg, | x.a 1 EB | oamaye Weal aut, verdant) ‘ean (2 C7270 neater of Even Dates sant {[~""A1220 Ober Personal IojryPropety DamagerYiengl Death are LACIV 105 (Rev 2/16) CIVIL CASE COVER SHEET ADDENDUM Local Rule 2.3 Use Approndonee AND STATEMENT OF LOCATION Page oe ‘Doct 2 Pagel 20 = Dos 1D = 1683830260 - Doo Type = OTHERage 21 of 28) = ADLER vs. BSPN PRODUCTIONS, ING, scennae A B C Appiicable case Coe Set poctcton Resto Gee Sep Calegary No, (Check only one) a g |__ Babeestotan [Latte onerconmertBunies Tot ot tastes cteomac) | 4.3 E ‘ew its (08) {[) 8005 cia ighsbiscriination 4.23 BS | cotmatenci —_|[—Dasoro oetenton ancenen 123 £ 30 [ret [lem raceme 128 z = B | presenta neuen ay [E-= A017 on 123 i i= 148050 Ofer Pessoa! arcs et medal arog uza ‘otter (5) | Jase2s otter No PersnalnuyPreoety Oamage fot ‘WioratalTerenaton (8) [LA JAs0aT woratu Termination Employment A8024 Olher Employment Complab Case 1.23 t ont Ober Emplormer(tS) | gto Leber Commision Aopels 10 [CO] asco roach of Rertt-esee Conte (nt uw sine or wong | 2,5 ‘econ roach of Conteey Waraty |=» aay" IZ *Aso08 Comacwacany Breach Soler Pa (no feneatzence) |2-° (wot insrance 1 A8018 Negigent Bresch of Contactar no a) aa ‘AB026 Ot Breach ef ContaciWorany (ek taudernegigencey | 125 3 3 CaseSeller Pi * 3 acer an A602 Cotecions Case Seber Past 5611 2 [A802 Ober Promissory NoteCotectone Case sat 8 “AB03« Colectons Case-Puchased Debt (Charged Of Consumer Debt | 5 6,11 Purchased ono ater Janay 1, 2514), Insurance Coverage (18) |] £6018 wneurace Coverage (ol compen) 1.2.5.8 76008 Conc Fro er conta ‘0031 Totes erence 12.386 28027 Ober Contact Dspule beschnsernetindnegamce) —|1.2.3.8,8 = HEMRRENS” [Clam emetowswcnteain Netware [ee | wowstentin 3) _|f cineee wii evcon cave 28 & a Acti NorgeneFcse 26 = Other Real Property (26) | _ ages? Quiet Tae 26 £ es er Res Peay lem cons noses eer) | 2.6 2B | PaeeterDeerconmercat FTaea21 Use OetieerCommercl atcugss wonghlevcioy [10 a UnlewttDeaagasicental I] genzo Unt! Deane estan! ro dg erwrnghtevton) |, 11 Treeline | 1 1 [ERS Seca oasomarratonaen a © [una betanerongs 8) | A8022 Units Deane Orage 2a Trew eran) CIVIL CASE COVER SHEET ADDENDUM Tec 23 SC Arps 3.04 AND STATEMENT OF LOCATION Paget ‘boot 4 Faget 21 ~ Doo 2D = 1605030260 - Dos Type = OTHERdeage 22 of 2) Saar TTEREER Ve, ESE PRODICTTONS, TCs cn A 8 C hgeeane | ciitze Cv: St Typct ion reotog: SxS Case clr eny ‘ore ‘Asset Fodeiture (05) |] Ast08 Asset Forteiture Case 236 | petonenotaton ci) |[—Jnats Pent Canpatonivo tbatn 28 i aot wa Aint canes 2 & | wotormendateq |) asso wit-tarcanis tinted Cort Cas ater 2 3 Toes in obe Lats Cot Coe Rovew 2 ee 28 g_[AnttesvTrace Reguaton (9) [7 A6003 Anivust/Trade Regulation 1.2.8 B | constucten nsec) |{Jascor consrcton detec: 1.2.3 | Cunstoragaiase Tor | ass0s tos vung es Ton 128 2 3 [sete iin) [Tats sect tn Cove yy 7 ee rer) E | epumescrmeee ei |] aus mocanecongesutepten angen nb 1288 Yast Sister State Judgment 2511 7 | $asteo atsvact of usseet 26 5 Enforcement |= 186107 Confession of Judgment (noa-domestic retations) 28 B | eeamert cao) ps140 aera Agncy Ava (at ral rs) 28 Ee bite Paceerica er ertyolnmentosunoadtex | 2.8 {ror2 cher enocenett avant ase aes RICO (27) [A033 Racketeering (RICO} Case ui * AGO30 Declaratory Rete! Only. 1.2.8 a Conerconpaits |” ABOIO Ince Ref Oat (st comescarsemeny a8 3S | cua Seried rte ea |: sect cher connect cangincxeentetnncemge) | 1.28 sat ‘18000 Cther Civil Complaint (non-tadinon-complex) 128 g ae TT" A613 Partnership and Corporate Governance Case 28 a Toa cuinaoenen ae 83 (Coas120 wonsce Harassment 239 3 ti 7 jult Abuse Case 3 FET oxanmang |p ttt eirermaaraiinons ane SABER, | Taare eect covet i a3 £7 patt Potion Chang! NomeChange fro He 10 Peon Rte em te in Lew ae 1” ABI00 Oe Chi Pett i LACIV 10 (Rew 2116) CIVIL CASE COVER SHEET ADDENDUM ‘Local Rule 2.3, LASC Approved 03-04 AND STATEMENT OF LOCATION Page 3 of 4 i ‘boot 2 Faget 22 ~ Boe = 1689020260 - doa Type » onaeeage 23 of 25) [suarnneADLER VS. ESPN PRODUCTIONS, INC. eo Step 4: Statement of Reason and Address. Check the appropriate boxes forthe numbers shown under Column C for the type of ation that you have selected. Enter the address which is the basis forthe fing location, inchuding zip code, (No axdress requited for cis action cases), puamese GOO W. Olympic Boulevard REASON: (1.62. as. 7. eco. err “SWE [acme [ues Angeles ca__|soor Step 5: Certification of Assignment: cert thal his case is prope fled inthe Centra Distt of the Superior Court of Caffe, County of Los Angeles [Code Civ. Prec.,§292 et seq, andLocal Rule 2.5(a)(1\E) ee DAVID M. RING PLEASE HAVE THE FOLLOWING ITEMS COMPLETED AND READY TO BE FILED IN ORDER TO PROPERLY COMMENCE YOUR NEW COURT CASE: 7 ‘Original Complaint or Petition, If fiing a Complaint, ¢ completed Summons form for issuance by the Clerk Civil Case Cover Sheet, Judicial Counc! form CM-010. Civil Case Cover Sheet Addendum and Statement of Lacaton form, LACIV 108, LASC Approved 03-04 (Rev, 02116). Payment fullofthe fing fee, unless there is court order for waver, patialor scheduled payments {A signed order appointing the Guardian ad Litem, Judicial Council frm CIV-010, if the plant or pettioner is a minor under 18 years of age will be required by Cour in order to Issue a summons, ‘Additional copies of documents to be conformed by the Cietk. Copies of the cover sheet and this addendum must be served along with the summons and complain, or other intiating pleading inthe case, L1@tryT TO x Tac 109 Rev 2rT6) CIVIL CASE COVER SHEET ADDENDUM Local Rule 23 ASC Approves 0204 AND STATEMENT OF LOCATION Page dota ‘Deck 2 aged 23 - Doc TD = 1682830260 ~ Doo Type © OTHER