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FILED: NEW YORK COUNTY CLERK 11/22/2023 05:04 PM INDEX NO. 952312/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/22/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF New York
JANE DOE Index No. [type in Index No]
Plaintiff(s),
-against-
Summons
JAMES MCDANIEL
Date Index No. Purchased:
Defendant(s).
To the above named Defendant(s)
James McDaniel
513 Manhattan Avenue
New York, NY 10027
You are hereby summoned to answer the complaint in this action and to serve
a copy of your answer, or, if the complaint is not served with this summons, to serve
a notice of appearance, on the Plaintiff's attorney within 20 days after the service of
this summons, exclusive of the day of service (or within 30 days after the service is
complete if this summons is not personally delivered to you within the State of New
York); and in case of your failure to appear or answer, judgment will be taken against
you by default for the relief demanded in the complaint.
The basis of venue is the location where the unlawful events took
, place
which is 195 Broadway, New York, NY, 10007
Dated: New York, NY
November 22, 2023
Vladeck, Raskin & Clark, P.C.
by__________________________
Jeremiah Iadevaia
Attorneys for Plaintiff
Jane Doe
111 Broadway, Suite 1505
New York, NY 10006
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------------x
JANE DOE, Index No.
Plaintiff, Jury Demanded
- against - COMPLAINT
JAMES MCDANIEL,
Defendant.
-----------------------------------------x
Plaintiff Jane Doe (“Doe” or “Plaintiff”), by her attorneys, Vladeck, Raskin, & Clark,
P.C., complaining of defendant James McDaniel (“McDaniel” or “Defendant”), alleges as follows:
NATURE OF CLAIMS
1. Jane Doe specializes in entertainment industry awards, film festivals, and talent
relations. For decades, she worked for an entertainment company in which she played a key role
in raising her employer’s profile and establishing its reputation as a provider of critically acclaimed
and top-rated original programming.
2. While doing the job she loved, Doe was attacked during an event celebrating the
success of the film “Edge of America” in 2004. Defendant, who is an actor and who starred in the
movie, sexually assaulted Doe at a New York restaurant by pinching her breasts without her
consent. Doe repeatedly complained about the assault in 2004, including on the night of the event.
Among others, Doe told her then-employer about the attack.
3. Defendant, using his celebrity and status, has not only denied the allegations, but
has also gone to great lengths to intimidate and silence Doe. When Defendant first learned that a
woman from Plaintiff’s employer spoke out about his assault in 2004, he did not know the identity
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of the victim as he was plainly intoxicated when he attacked Doe. Defendant made significant
efforts to determine who had made the complaint. Defendant also made clear to Doe’s employer
that he was furious that a woman had complained about his misconduct. Doe’s employer told her
about Defendant’s tirade. Plaintiff was scared and, as a result, did not pursue her complaints further
in 2004.
4. Two years after the assault, Defendant was furious even though he had quashed
Doe’s complaints. During a 2006 awards luncheon, Defendant, after discovering that Doe had
made the complaints, sought her out. He repeatedly targeted Doe with his menacing conduct
during the event. Defendant also told Plaintiff’s supervisor that he was angry because Doe had
spoken out about his sexual assault. Defendant’s conduct in 2006 retraumatized Plaintiff.
5. As a result of Defendant’s intimidation, his efforts to make himself the victim, and
his stature in Doe’s industry, Plaintiff did not file claims against him in 2004. Given a second
chance based on the lookback provisions set forth in recent New York State and City legislation
and the evolving views on sexual assaults, Doe has summoned the courage to proceed with her
claims.
6. Doe brings this action to remedy Defendant’s battery based on his sexual assault.
Defendant’s misconduct constitutes unlawful sexual offenses as defined in Article 130 of the New
York Penal Law. This common law claim is timely under the Adult Survivors Act, N.Y. C.P.L.R.
§ 214-j.
7. Doe further brings this action to remedy Defendant’s violation of the Gender
Motivated Violence Protection Act, N.Y.C. Admin. Code §§ 10-1101 et seq. (“GMVPA”). This
claim is timely under GMVPA § 10-1105.
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PARTIES AND VENUE
8. Doe is a resident of New York City.
9. Defendant is an actor who lives in New York City.
10. Venue is proper in New York County because the unlawful actions took place in New
York County and Defendant resides in New York County.
FACTUAL ALLEGATIONS
Plaintiff’s Background
11. At the time of the 2004 assault, Plaintiff had worked for her employer for 14 years.
During her tenure, among many contributions, Plaintiff created and executed campaigns to win
industry awards and nominations for original content and established relationships with film
festival programmers to ensure that her employer’s original films and documentaries secured world
premieres and screenings.
12. During her tenure, Plaintiff was promoted from Executive Assistant to Manager in
March 1996 and was promoted to Director in March 1998. Plaintiff built her employer’s awards
and film festivals profile from the ground up, working solo until she was permitted to hire two
junior employees in 1997 and 1999 along with seasonal help and interns year-round. Plaintiff’s
operating budget started in the mid-six figures, ballooning to seven figures to support her
employer’s voluminous high-profile awards, nominations, and film festival premieres. Her
successes were a vital part of the company.
Defendant Sexually Assaults Plaintiff at Nobu Next Door
13. Plaintiff’s personal and professional life were on an upward trajectory. Everything
changed for Plaintiff after an actor, who played the lead role in a film, groped Plaintiff’s breasts
and Plaintiff had the audacity to complain about his attack.
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14. On or about Friday, May 7, 2004, Plaintiff attended a work event celebrating the
Tribeca Film Festival premiere of a film called “Edge of America.”
15. The event, which Plaintiff planned and oversaw, took place at a restaurant Nobu
Next Door, which, was then located at 195 Broadway, NYC (until 2017). The event was private
and by invitation only.
16. During the party, Plaintiff was dancing with her friend N.G. Defendant was next to
Plaintiff dancing with an unidentified woman.
17. McDaniel looked at Plaintiff and her friend and asked Plaintiff, “How did you two
meet?” Plaintiff replied, “Have you ever heard of the William Esper Studio?” Defendant became
visibly irritated, stating, in sum and substance, “Of course I’ve heard of it!” Plaintiff explained that
not everyone had heard of it.
18. Hours later, just before midnight, Plaintiff was at the front of the restaurant saying
goodbye to one of the departing guests. Remaining attendees and staff were located at the rear and
Plaintiff was alone.
19. Defendant walked to the front of the restaurant and when Plaintiff walked towards
him to say goodnight, Defendant sexually assaulted Plaintiff. Defendant violently pinched
Plaintiff’s breasts with both hands in rapid succession, causing her tremendous pain and
humiliation.
20. In response to the assault, Plaintiff jumped backward and screamed “What are you
doing?!” Defendant stood there sweating and smiling with his eyes shut. At this point, Plaintiff
realized that Defendant was intoxicated.
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21. Seconds after the assault, as Plaintiff stood frozen, she heard her name called loudly.
Amy Van Nostrand (“Van Nostrand”) approached Plaintiff to say goodnight. Van Nostrand, an
actress, was then married to the Executive Producer of “Edge of America” Tim Daly.
22. Plaintiff, seeking comfort, fell into Van Nostrand’s arms while Defendant exited the
restaurant. Plaintiff, who was in shock, did not tell Van Nostrand that Defendant had sexually
assaulted her.
Plaintiff Immediately Reports the Assault
23. Within hours of the assault, on Friday, May 7, 2004, Plaintiff reported it.
24. Senior management for Plaintiff’s company had left the party earlier so there was
no one in an official capacity to whom Plaintiff could report the assault.
25. As part of her job as the event planner, Plaintiff and her friend, N.G., waited for all
guests to leave the party.
26. Plaintiff knew that Stephen Burleigh, an Executive Producer for the movie, would
be at an after-event party hosted at Club PM. When Plaintiff located Burleigh at the club, Plaintiff
reported the assault to him. When Plaintiff told Burleigh that Defendant had assaulted her, Burleigh
stated that he was sorry to hear it. Shortly thereafter, Plaintiff and her friend left the club.
27. Plaintiff also took steps to avoid further contact with Defendant. The final
screening of “Edge of America” at the Tribeca Film Festival took place on Saturday evening, May
8, 2004. The Plaintiff, who under normal circumstances would attend the screening as part of her
job, did not go for fear of seeing Defendant.
Plaintiff’s Additional Complaints About the Assault
28. Plaintiff continued to raise concerns about the assault throughout May 2004.
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29. One day after the assault, on Saturday morning, May 8, 2004, Plaintiff called her
then supervisor on her cell phone to report the assault. Plaintiff left her supervisor a voice message
asking her to call back as soon as possible.
30. Plaintiff’s supervisor returned Plaintiff’s call on Sunday, May 9, 2004. During that
call, Plaintiff reported the assault to her supervisor.
31. Within days of the assault, on or about Wednesday, May 12, 2004, Plaintiff also
reported Defendant’s assault to a Human Resources (“HR”) representative at her company.
32. On or about Monday, May 17, 2004, Plaintiff met with a senior executive in Human
Resources to discuss the assault. In response to Plaintiff’s concerns, the senior executive stated,
among other things, that he would notify Defendant’s agent about the assault and that he would
ensure that Plaintiff did not work with Defendant.
Defendant Learns About Plaintiff’s Assault Complaint and Silences Her
33. After learning that a company employee had made a complaint about him,
Defendant used his status as a celebrity to stop Plaintiff from pursuing her claims further.
34. On information and belief, the company notified Defendant’s agent that a company
employee had made an assault complaint. On information and belief, Defendant, through his
agent, vehemently denied that he assaulted anyone, and he demanded to speak to someone at the
company.
35. On or about May 22, 2004, Plaintiff separately informed her supervisor and the
senior Human Resources executive that Defendant had sent an email to Plaintiff’s direct report,
J.W., requesting to see the invitation list for the Nobu event. Defendant’s efforts showed that he
was determined to find out who had dared to speak out against him and to punish that woman. As
a result, Plaintiff was frightened.
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36. On or about May 28, 2004, Plaintiff received two separate calls from her supervisor
and the company’s General Counsel. They both made clear that Defendant was angry that there
had been a complaint about the assault and that he expected that whoever made the complaint
would not pursue it.
37. Even though Plaintiff did not pursue her complaint further, Defendant continued to
raise the matter and discuss it publicly.
Plaintiff Hides from Defendant at the 2004 Nantucket Film Festival
38. From approximately June 17 to June 20, 2004, Plaintiff attended the Nantucket
Film Festival for work. Defendant was also present for the festival as a VIP guest.
39. During the festival, Plaintiff hid in her room for three days to avoid any contact
with Defendant.
40. In her absence, Plaintiff arranged for a junior team member, J.W., to handle all
communications concerning Defendant’s travel to the film festival and for him and his wife to
attend festival events.
41. On or about June 19, 2004, Defendant and his wife attended a Nantucket Film
Festival luncheon at the White Elephant Hotel. Plaintiff’s team member, J.W., was seated next to
them. Unprompted, Defendant began to cry and said repeatedly to her, “I’m a good person.” On
information and belief, he was referring to Doe’s allegations that he had assaulted her.
Defendant Menaces Plaintiff at the 2006 Peabody Awards
42. On or about Monday, June 5, 2006, Plaintiff attended the George Foster Peabody
Awards (“Peabody Awards”) luncheon at the Waldorf Astoria Hotel in New York City. Plaintiff
had planned the travel, accommodations, and ticketing for “Edge of America” producers and
executives as the film was one of 32 recipients of a Peabody Award.
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43. At approximately 11:00 a.m. on June 5, 2006, one hour prior to the start of the
ceremony, Plaintiff accompanied actor Tim Daly (“Daly”), an Executive Producer for and an actor
in the film, to the winners’ rehearsal. Daly was the film’s designated recipient for an award.
44. Later that morning, while Daly was preparing his acceptance speech, Daly informed
Plaintiff that Defendant was coming to the Peabody Awards event. Plaintiff became upset. She
insisted to Daly that Defendant would not be there because he had not been invited. Daly told her
that she was wrong.
45. During this discussion, Daly told Plaintiff that Burleigh had revealed to Defendant
that Plaintiff was the complainant, that Burleigh had encouraged Defendant to attend knowing that
Plaintiff would be there, and that Defendant had arranged for his own tickets and travel.
46. Defendant’s choice to make his own clandestine arrangements is unheard of and
completely at odds with the industry standard. Lead performers do not appear at award ceremonies
unless the network, studio or, in the present day, streamer, make those arrangements. Lead
performers demand, and are provided with, amenities, including grooming, styling, ground
transportation, ceremony tickets, airfares, and hotel accommodations. Indeed, Defendant had a
history with Plaintiff’s employer, having provided him with travel and accommodations to
Sundance, Tribeca, and Nantucket Film Festivals as well as an offer to be flown to New York from
Los Angeles to attend the Daytime Emmy Awards.
47. This signaled to Plaintiff that Defendant was coming to the ceremony
independently and in secret because he was looking for his accuser. Plaintiff was terrified and
panicked as it was too late for her to leave the ceremony.
48. At approximately 12:00 p.m. on June 5, 2006, Plaintiff and her direct report J.G.
entered the ballroom to locate their table for the Peabody Awards. As they were walking, J.G. saw
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and heard Defendant looking at Plaintiff and asking his wife, “Is that her?” After J.G. informed
Plaintiff, she was on high alert.
49. At approximately 2:30 p.m. on June 5, 2006, Plaintiff was in the main lobby talking
to actress Van Nostrand. As they were speaking, Plaintiff could hear Defendant walking behind
her in a pacing fashion, saying her name angrily under his breath. The lobby was crowded and
noisy, and it was clear to Plaintiff that Van Nostrand did not hear Defendant menacing Plaintiff.
50. A few minutes later, after Plaintiff’s conversation with Van Nostrand ended and she
was walking alone, Defendant confronted Plaintiff. Defendant angrily said Plaintiff’s name
through gritted teeth. Plaintiff, who was terrified, quickly departed the event.
51. At approximately 5:00 PM that evening, on or about June 5, 2006, at the Museum
of Television & Radio’s Champagne Winners Tribute, Plaintiff and J.G. were standing and talking
with Daly and Van Nostrand in the lobby. When Daly told Plaintiff that Defendant was inside the
winner’s tribute, Plaintiff once again panicked because she was afraid Defendant might assault her.
52. Daly raised his voice at Plaintiff and told her to “stop talking about it because you’re
making me feel so uncomfortable!” Plaintiff, humiliated and offended by Daly’s outburst,
immediately left the building.
53. Two weeks later, on or about June 19, 2006, Plaintiff’s supervisor stated that
Defendant was enraged when she approached him at the conclusion of the ceremony. Defendant
yelled, “All this time I thought it was you, but it was HER!” and pointed at Plaintiff as the
individual who had complained about the assault.
54. According to Plaintiff’s supervisor, Defendant also told Plaintiff’s supervisor that
he had been in therapy for two years, that he believed the complaint had “gotten out” to casting
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directors, and that he had been “blackballed” by the industry and was unable to find acting work
because of Plaintiff’s complaint.
55. According to Plaintiff’s supervisor, Defendant also told Plaintiff’s supervisor that
he was convinced the President of the company knew about the assault complaint because he did
not call and congratulate Defendant on winning the Daytime Emmy Award for “Edge of America.”
56. Given Defendant’s power and influence as a famous actor, and threatening behavior
towards Plaintiff, Plaintiff did not pursue her complaints further at that time.
Another Instance of Misconduct
57. Defendant’s attack of Doe was not the only time he engaged in violent behavior
after he had, on information and belief, excessively consumed alcohol.
58. Defendant and others who worked on the film “Edge of America” attended the
Sundance Film Festival in or around January 2004. “Edge of America” was the opening night film
at the festival.
59. An individual who promoted the film at the 2004 festival, which took place
approximately three months prior to the assault, told Plaintiff about an incident involving
Defendant. According to this individual, Defendant and Burleigh were together at a bar near the
festival. On information and belief, on or about January 17, 2004, they had consumed an excessive
amount of alcohol. In addition, on information and belief, Defendant, Burleigh, and other bar
patrons had engaged in a physical altercation.
60. On information and belief, there was discussion among those promoting the film
about sending Defendant home early due to his involvement in the fight.
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FIRST CAUSE OF ACTION
Battery
61. Plaintiff repeats and realleges paragraphs 1 to 60 of the Complaint as if fully set
forth herein.
62. Defendant committed battery against Plaintiff when he sexually assaulted her.
63. Defendant, intentionally, and without Plaintif’s consent, attacked Plaintiff.
64. Plaintiff was over 18 years old at the time of the attack.
65. Defendant’s actions constitute sexual offenses as defined in Article 130 of the New
York Penal Law, including, but not limited to, forcible touching under § 130.52 and sexual abuse
in the third degree under § 130.55.
66. Plaintiff’s claim for battery is thus timely under the Adult Survivors Act, N.Y.
C.P.L.R. § 214-j.
67. Defendant’s actions are the direct and proximate cause of Plaintiff’s past and future
substantial damages, including significant pain and suffering, lasting psychological and pecuniary
harms, loss of dignity, and invasion of privacy.
SECOND CAUSE OF ACTION
Violation of the Victims of Gender-Motivated Violence Protection Law,
N.Y.C. Admin. Code §§ 10-1101, et seq. (“VGMVPL”)
68. Plaintiff repeats and realleges paragraphs 1 to 67 of the Complaint as if fully set
forth herein.
69. The above-described conduct of Defendant, including, but not limited to, his sexual
assault of Plaintiff in New York City, constitutes a “crime of violence” and a “crime of violence
motivated by gender” against Plaintiff as defined by the New York City VGMVPL.
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70. The above-described conduct of Defendant constitutes a sexual offense as defined
in Article 130 of the New York Penal Law, including, but not limited to, forcible touching under §
130.52 and sexual abuse in the third degree under § 130.55.
71. Pursuant to § 10-1105(a), this cause of action is timely because it is commenced
within “two years and six months after September 1, 2022.”
72. As a direct and proximate result of the aforementioned crime of violence and
gender-motivated violence, Plaintiff has sustained and will continue to sustain, monetary damages,
physical injury, pain and suffering, and serious psychological and emotional distress.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that this Court grant the following
relief:
(a) award Plaintiff compensatory damages for the losses Plaintiff suffered as a
result of Defendant’s misconduct, including, but not limited to, economic losses, injury to reputation,
and emotional distress;
(b) award Plaintiff punitive damages;
(c) award Plaintiff reasonable attorneys’ fees and costs; and
(d) award Plaintiff pre-and post-judgment interest, costs, and such other further
relief as this Court may deem just and proper.
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DEMAND FOR A TRIAL BY JURY
Plaintiff hereby demands a jury trial in this action, pursuant to C.P.L.R. §§ 4102 & 7804(h).
Dated: New York, New York
November 22, 2023
VLADECK, RASKIN, & CLARK, P.C.
By:
______________________________
Jeremiah Iadevaia
Attorneys for Plaintiff
111 Broadway, Suite 1505
New York, New York 10006
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Preview
FILED: NEW YORK COUNTY CLERK 11/22/2023 05:04 PM INDEX NO. 952312/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/22/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF New York JANE DOE Index No. [type in Index No] Plaintiff(s), -against- Summons JAMES MCDANIEL Date Index No. Purchased: Defendant(s). To the above named Defendant(s) James McDaniel 513 Manhattan Avenue New York, NY 10027 You are hereby summoned to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff's attorney within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. The basis of venue is the location where the unlawful events took , place which is 195 Broadway, New York, NY, 10007 Dated: New York, NY November 22, 2023 Vladeck, Raskin & Clark, P.C. by__________________________ Jeremiah Iadevaia Attorneys for Plaintiff Jane Doe 111 Broadway, Suite 1505 New York, NY 10006 1 of 14 FILED: NEW YORK COUNTY CLERK 11/22/2023 05:04 PM INDEX NO. 952312/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/22/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------x JANE DOE, Index No. Plaintiff, Jury Demanded - against - COMPLAINT JAMES MCDANIEL, Defendant. -----------------------------------------x Plaintiff Jane Doe (“Doe” or “Plaintiff”), by her attorneys, Vladeck, Raskin, & Clark, P.C., complaining of defendant James McDaniel (“McDaniel” or “Defendant”), alleges as follows: NATURE OF CLAIMS 1. Jane Doe specializes in entertainment industry awards, film festivals, and talent relations. For decades, she worked for an entertainment company in which she played a key role in raising her employer’s profile and establishing its reputation as a provider of critically acclaimed and top-rated original programming. 2. While doing the job she loved, Doe was attacked during an event celebrating the success of the film “Edge of America” in 2004. Defendant, who is an actor and who starred in the movie, sexually assaulted Doe at a New York restaurant by pinching her breasts without her consent. Doe repeatedly complained about the assault in 2004, including on the night of the event. Among others, Doe told her then-employer about the attack. 3. Defendant, using his celebrity and status, has not only denied the allegations, but has also gone to great lengths to intimidate and silence Doe. When Defendant first learned that a woman from Plaintiff’s employer spoke out about his assault in 2004, he did not know the identity 2 of 14 FILED: NEW YORK COUNTY CLERK 11/22/2023 05:04 PM INDEX NO. 952312/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/22/2023 of the victim as he was plainly intoxicated when he attacked Doe. Defendant made significant efforts to determine who had made the complaint. Defendant also made clear to Doe’s employer that he was furious that a woman had complained about his misconduct. Doe’s employer told her about Defendant’s tirade. Plaintiff was scared and, as a result, did not pursue her complaints further in 2004. 4. Two years after the assault, Defendant was furious even though he had quashed Doe’s complaints. During a 2006 awards luncheon, Defendant, after discovering that Doe had made the complaints, sought her out. He repeatedly targeted Doe with his menacing conduct during the event. Defendant also told Plaintiff’s supervisor that he was angry because Doe had spoken out about his sexual assault. Defendant’s conduct in 2006 retraumatized Plaintiff. 5. As a result of Defendant’s intimidation, his efforts to make himself the victim, and his stature in Doe’s industry, Plaintiff did not file claims against him in 2004. Given a second chance based on the lookback provisions set forth in recent New York State and City legislation and the evolving views on sexual assaults, Doe has summoned the courage to proceed with her claims. 6. Doe brings this action to remedy Defendant’s battery based on his sexual assault. Defendant’s misconduct constitutes unlawful sexual offenses as defined in Article 130 of the New York Penal Law. This common law claim is timely under the Adult Survivors Act, N.Y. C.P.L.R. § 214-j. 7. Doe further brings this action to remedy Defendant’s violation of the Gender Motivated Violence Protection Act, N.Y.C. Admin. Code §§ 10-1101 et seq. (“GMVPA”). This claim is timely under GMVPA § 10-1105. 2 3 of 14 FILED: NEW YORK COUNTY CLERK 11/22/2023 05:04 PM INDEX NO. 952312/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/22/2023 PARTIES AND VENUE 8. Doe is a resident of New York City. 9. Defendant is an actor who lives in New York City. 10. Venue is proper in New York County because the unlawful actions took place in New York County and Defendant resides in New York County. FACTUAL ALLEGATIONS Plaintiff’s Background 11. At the time of the 2004 assault, Plaintiff had worked for her employer for 14 years. During her tenure, among many contributions, Plaintiff created and executed campaigns to win industry awards and nominations for original content and established relationships with film festival programmers to ensure that her employer’s original films and documentaries secured world premieres and screenings. 12. During her tenure, Plaintiff was promoted from Executive Assistant to Manager in March 1996 and was promoted to Director in March 1998. Plaintiff built her employer’s awards and film festivals profile from the ground up, working solo until she was permitted to hire two junior employees in 1997 and 1999 along with seasonal help and interns year-round. Plaintiff’s operating budget started in the mid-six figures, ballooning to seven figures to support her employer’s voluminous high-profile awards, nominations, and film festival premieres. Her successes were a vital part of the company. Defendant Sexually Assaults Plaintiff at Nobu Next Door 13. Plaintiff’s personal and professional life were on an upward trajectory. Everything changed for Plaintiff after an actor, who played the lead role in a film, groped Plaintiff’s breasts and Plaintiff had the audacity to complain about his attack. 3 4 of 14 FILED: NEW YORK COUNTY CLERK 11/22/2023 05:04 PM INDEX NO. 952312/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/22/2023 14. On or about Friday, May 7, 2004, Plaintiff attended a work event celebrating the Tribeca Film Festival premiere of a film called “Edge of America.” 15. The event, which Plaintiff planned and oversaw, took place at a restaurant Nobu Next Door, which, was then located at 195 Broadway, NYC (until 2017). The event was private and by invitation only. 16. During the party, Plaintiff was dancing with her friend N.G. Defendant was next to Plaintiff dancing with an unidentified woman. 17. McDaniel looked at Plaintiff and her friend and asked Plaintiff, “How did you two meet?” Plaintiff replied, “Have you ever heard of the William Esper Studio?” Defendant became visibly irritated, stating, in sum and substance, “Of course I’ve heard of it!” Plaintiff explained that not everyone had heard of it. 18. Hours later, just before midnight, Plaintiff was at the front of the restaurant saying goodbye to one of the departing guests. Remaining attendees and staff were located at the rear and Plaintiff was alone. 19. Defendant walked to the front of the restaurant and when Plaintiff walked towards him to say goodnight, Defendant sexually assaulted Plaintiff. Defendant violently pinched Plaintiff’s breasts with both hands in rapid succession, causing her tremendous pain and humiliation. 20. In response to the assault, Plaintiff jumped backward and screamed “What are you doing?!” Defendant stood there sweating and smiling with his eyes shut. At this point, Plaintiff realized that Defendant was intoxicated. 4 5 of 14 FILED: NEW YORK COUNTY CLERK 11/22/2023 05:04 PM INDEX NO. 952312/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/22/2023 21. Seconds after the assault, as Plaintiff stood frozen, she heard her name called loudly. Amy Van Nostrand (“Van Nostrand”) approached Plaintiff to say goodnight. Van Nostrand, an actress, was then married to the Executive Producer of “Edge of America” Tim Daly. 22. Plaintiff, seeking comfort, fell into Van Nostrand’s arms while Defendant exited the restaurant. Plaintiff, who was in shock, did not tell Van Nostrand that Defendant had sexually assaulted her. Plaintiff Immediately Reports the Assault 23. Within hours of the assault, on Friday, May 7, 2004, Plaintiff reported it. 24. Senior management for Plaintiff’s company had left the party earlier so there was no one in an official capacity to whom Plaintiff could report the assault. 25. As part of her job as the event planner, Plaintiff and her friend, N.G., waited for all guests to leave the party. 26. Plaintiff knew that Stephen Burleigh, an Executive Producer for the movie, would be at an after-event party hosted at Club PM. When Plaintiff located Burleigh at the club, Plaintiff reported the assault to him. When Plaintiff told Burleigh that Defendant had assaulted her, Burleigh stated that he was sorry to hear it. Shortly thereafter, Plaintiff and her friend left the club. 27. Plaintiff also took steps to avoid further contact with Defendant. The final screening of “Edge of America” at the Tribeca Film Festival took place on Saturday evening, May 8, 2004. The Plaintiff, who under normal circumstances would attend the screening as part of her job, did not go for fear of seeing Defendant. Plaintiff’s Additional Complaints About the Assault 28. Plaintiff continued to raise concerns about the assault throughout May 2004. 5 6 of 14 FILED: NEW YORK COUNTY CLERK 11/22/2023 05:04 PM INDEX NO. 952312/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/22/2023 29. One day after the assault, on Saturday morning, May 8, 2004, Plaintiff called her then supervisor on her cell phone to report the assault. Plaintiff left her supervisor a voice message asking her to call back as soon as possible. 30. Plaintiff’s supervisor returned Plaintiff’s call on Sunday, May 9, 2004. During that call, Plaintiff reported the assault to her supervisor. 31. Within days of the assault, on or about Wednesday, May 12, 2004, Plaintiff also reported Defendant’s assault to a Human Resources (“HR”) representative at her company. 32. On or about Monday, May 17, 2004, Plaintiff met with a senior executive in Human Resources to discuss the assault. In response to Plaintiff’s concerns, the senior executive stated, among other things, that he would notify Defendant’s agent about the assault and that he would ensure that Plaintiff did not work with Defendant. Defendant Learns About Plaintiff’s Assault Complaint and Silences Her 33. After learning that a company employee had made a complaint about him, Defendant used his status as a celebrity to stop Plaintiff from pursuing her claims further. 34. On information and belief, the company notified Defendant’s agent that a company employee had made an assault complaint. On information and belief, Defendant, through his agent, vehemently denied that he assaulted anyone, and he demanded to speak to someone at the company. 35. On or about May 22, 2004, Plaintiff separately informed her supervisor and the senior Human Resources executive that Defendant had sent an email to Plaintiff’s direct report, J.W., requesting to see the invitation list for the Nobu event. Defendant’s efforts showed that he was determined to find out who had dared to speak out against him and to punish that woman. As a result, Plaintiff was frightened. 6 7 of 14 FILED: NEW YORK COUNTY CLERK 11/22/2023 05:04 PM INDEX NO. 952312/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/22/2023 36. On or about May 28, 2004, Plaintiff received two separate calls from her supervisor and the company’s General Counsel. They both made clear that Defendant was angry that there had been a complaint about the assault and that he expected that whoever made the complaint would not pursue it. 37. Even though Plaintiff did not pursue her complaint further, Defendant continued to raise the matter and discuss it publicly. Plaintiff Hides from Defendant at the 2004 Nantucket Film Festival 38. From approximately June 17 to June 20, 2004, Plaintiff attended the Nantucket Film Festival for work. Defendant was also present for the festival as a VIP guest. 39. During the festival, Plaintiff hid in her room for three days to avoid any contact with Defendant. 40. In her absence, Plaintiff arranged for a junior team member, J.W., to handle all communications concerning Defendant’s travel to the film festival and for him and his wife to attend festival events. 41. On or about June 19, 2004, Defendant and his wife attended a Nantucket Film Festival luncheon at the White Elephant Hotel. Plaintiff’s team member, J.W., was seated next to them. Unprompted, Defendant began to cry and said repeatedly to her, “I’m a good person.” On information and belief, he was referring to Doe’s allegations that he had assaulted her. Defendant Menaces Plaintiff at the 2006 Peabody Awards 42. On or about Monday, June 5, 2006, Plaintiff attended the George Foster Peabody Awards (“Peabody Awards”) luncheon at the Waldorf Astoria Hotel in New York City. Plaintiff had planned the travel, accommodations, and ticketing for “Edge of America” producers and executives as the film was one of 32 recipients of a Peabody Award. 7 8 of 14 FILED: NEW YORK COUNTY CLERK 11/22/2023 05:04 PM INDEX NO. 952312/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/22/2023 43. At approximately 11:00 a.m. on June 5, 2006, one hour prior to the start of the ceremony, Plaintiff accompanied actor Tim Daly (“Daly”), an Executive Producer for and an actor in the film, to the winners’ rehearsal. Daly was the film’s designated recipient for an award. 44. Later that morning, while Daly was preparing his acceptance speech, Daly informed Plaintiff that Defendant was coming to the Peabody Awards event. Plaintiff became upset. She insisted to Daly that Defendant would not be there because he had not been invited. Daly told her that she was wrong. 45. During this discussion, Daly told Plaintiff that Burleigh had revealed to Defendant that Plaintiff was the complainant, that Burleigh had encouraged Defendant to attend knowing that Plaintiff would be there, and that Defendant had arranged for his own tickets and travel. 46. Defendant’s choice to make his own clandestine arrangements is unheard of and completely at odds with the industry standard. Lead performers do not appear at award ceremonies unless the network, studio or, in the present day, streamer, make those arrangements. Lead performers demand, and are provided with, amenities, including grooming, styling, ground transportation, ceremony tickets, airfares, and hotel accommodations. Indeed, Defendant had a history with Plaintiff’s employer, having provided him with travel and accommodations to Sundance, Tribeca, and Nantucket Film Festivals as well as an offer to be flown to New York from Los Angeles to attend the Daytime Emmy Awards. 47. This signaled to Plaintiff that Defendant was coming to the ceremony independently and in secret because he was looking for his accuser. Plaintiff was terrified and panicked as it was too late for her to leave the ceremony. 48. At approximately 12:00 p.m. on June 5, 2006, Plaintiff and her direct report J.G. entered the ballroom to locate their table for the Peabody Awards. As they were walking, J.G. saw 8 9 of 14 FILED: NEW YORK COUNTY CLERK 11/22/2023 05:04 PM INDEX NO. 952312/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/22/2023 and heard Defendant looking at Plaintiff and asking his wife, “Is that her?” After J.G. informed Plaintiff, she was on high alert. 49. At approximately 2:30 p.m. on June 5, 2006, Plaintiff was in the main lobby talking to actress Van Nostrand. As they were speaking, Plaintiff could hear Defendant walking behind her in a pacing fashion, saying her name angrily under his breath. The lobby was crowded and noisy, and it was clear to Plaintiff that Van Nostrand did not hear Defendant menacing Plaintiff. 50. A few minutes later, after Plaintiff’s conversation with Van Nostrand ended and she was walking alone, Defendant confronted Plaintiff. Defendant angrily said Plaintiff’s name through gritted teeth. Plaintiff, who was terrified, quickly departed the event. 51. At approximately 5:00 PM that evening, on or about June 5, 2006, at the Museum of Television & Radio’s Champagne Winners Tribute, Plaintiff and J.G. were standing and talking with Daly and Van Nostrand in the lobby. When Daly told Plaintiff that Defendant was inside the winner’s tribute, Plaintiff once again panicked because she was afraid Defendant might assault her. 52. Daly raised his voice at Plaintiff and told her to “stop talking about it because you’re making me feel so uncomfortable!” Plaintiff, humiliated and offended by Daly’s outburst, immediately left the building. 53. Two weeks later, on or about June 19, 2006, Plaintiff’s supervisor stated that Defendant was enraged when she approached him at the conclusion of the ceremony. Defendant yelled, “All this time I thought it was you, but it was HER!” and pointed at Plaintiff as the individual who had complained about the assault. 54. According to Plaintiff’s supervisor, Defendant also told Plaintiff’s supervisor that he had been in therapy for two years, that he believed the complaint had “gotten out” to casting 9 10 of 14 FILED: NEW YORK COUNTY CLERK 11/22/2023 05:04 PM INDEX NO. 952312/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/22/2023 directors, and that he had been “blackballed” by the industry and was unable to find acting work because of Plaintiff’s complaint. 55. According to Plaintiff’s supervisor, Defendant also told Plaintiff’s supervisor that he was convinced the President of the company knew about the assault complaint because he did not call and congratulate Defendant on winning the Daytime Emmy Award for “Edge of America.” 56. Given Defendant’s power and influence as a famous actor, and threatening behavior towards Plaintiff, Plaintiff did not pursue her complaints further at that time. Another Instance of Misconduct 57. Defendant’s attack of Doe was not the only time he engaged in violent behavior after he had, on information and belief, excessively consumed alcohol. 58. Defendant and others who worked on the film “Edge of America” attended the Sundance Film Festival in or around January 2004. “Edge of America” was the opening night film at the festival. 59. An individual who promoted the film at the 2004 festival, which took place approximately three months prior to the assault, told Plaintiff about an incident involving Defendant. According to this individual, Defendant and Burleigh were together at a bar near the festival. On information and belief, on or about January 17, 2004, they had consumed an excessive amount of alcohol. In addition, on information and belief, Defendant, Burleigh, and other bar patrons had engaged in a physical altercation. 60. On information and belief, there was discussion among those promoting the film about sending Defendant home early due to his involvement in the fight. 10 11 of 14 FILED: NEW YORK COUNTY CLERK 11/22/2023 05:04 PM INDEX NO. 952312/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/22/2023 FIRST CAUSE OF ACTION Battery 61. Plaintiff repeats and realleges paragraphs 1 to 60 of the Complaint as if fully set forth herein. 62. Defendant committed battery against Plaintiff when he sexually assaulted her. 63. Defendant, intentionally, and without Plaintif’s consent, attacked Plaintiff. 64. Plaintiff was over 18 years old at the time of the attack. 65. Defendant’s actions constitute sexual offenses as defined in Article 130 of the New York Penal Law, including, but not limited to, forcible touching under § 130.52 and sexual abuse in the third degree under § 130.55. 66. Plaintiff’s claim for battery is thus timely under the Adult Survivors Act, N.Y. C.P.L.R. § 214-j. 67. Defendant’s actions are the direct and proximate cause of Plaintiff’s past and future substantial damages, including significant pain and suffering, lasting psychological and pecuniary harms, loss of dignity, and invasion of privacy. SECOND CAUSE OF ACTION Violation of the Victims of Gender-Motivated Violence Protection Law, N.Y.C. Admin. Code §§ 10-1101, et seq. (“VGMVPL”) 68. Plaintiff repeats and realleges paragraphs 1 to 67 of the Complaint as if fully set forth herein. 69. The above-described conduct of Defendant, including, but not limited to, his sexual assault of Plaintiff in New York City, constitutes a “crime of violence” and a “crime of violence motivated by gender” against Plaintiff as defined by the New York City VGMVPL. 11 12 of 14 FILED: NEW YORK COUNTY CLERK 11/22/2023 05:04 PM INDEX NO. 952312/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/22/2023 70. The above-described conduct of Defendant constitutes a sexual offense as defined in Article 130 of the New York Penal Law, including, but not limited to, forcible touching under § 130.52 and sexual abuse in the third degree under § 130.55. 71. Pursuant to § 10-1105(a), this cause of action is timely because it is commenced within “two years and six months after September 1, 2022.” 72. As a direct and proximate result of the aforementioned crime of violence and gender-motivated violence, Plaintiff has sustained and will continue to sustain, monetary damages, physical injury, pain and suffering, and serious psychological and emotional distress. PRAYER FOR RELIEF WHEREFORE, Plaintiff respectfully requests that this Court grant the following relief: (a) award Plaintiff compensatory damages for the losses Plaintiff suffered as a result of Defendant’s misconduct, including, but not limited to, economic losses, injury to reputation, and emotional distress; (b) award Plaintiff punitive damages; (c) award Plaintiff reasonable attorneys’ fees and costs; and (d) award Plaintiff pre-and post-judgment interest, costs, and such other further relief as this Court may deem just and proper. 12 13 of 14 FILED: NEW YORK COUNTY CLERK 11/22/2023 05:04 PM INDEX NO. 952312/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/22/2023 DEMAND FOR A TRIAL BY JURY Plaintiff hereby demands a jury trial in this action, pursuant to C.P.L.R. §§ 4102 & 7804(h). Dated: New York, New York November 22, 2023 VLADECK, RASKIN, & CLARK, P.C. By: ______________________________ Jeremiah Iadevaia Attorneys for Plaintiff 111 Broadway, Suite 1505 New York, New York 10006 13 14 of 14