Legal Document: Julia Ormond v. Harvey Weinstein, Creative Artists Agency, Llc, The Walt Disney Company, Miramax Holding Corp., Miramax Film Ny, Llc f/k/a MIRAMAX FILM CORP.

On October 04, 2023 a EXHIBIT(S) - 1 - Summons and Complaint was filed involving a dispute between Julia Ormond, and Creative Artists Agency, Llc, Harvey Weinstein, Miramax Film Ny, Llc F K A Miramax Film Corp., Miramax Holding Corp., The Walt Disney Company, for Torts - Adult Survivors Act in the District Court of New York County.

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EXHIBIT 1
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NEW YORK STATE SUPREME COURT
NEW YORK COUNTY
-------------------------------------------------------------X
:
JULIA ORMOND, :
: Index No. ________
Plaintiff, :
: Plaintiff designates
v. : NEW YORK COUNTY
: as the place of trial
HARVEY WEINSTEIN, CREATIVE ARTISTS :
AGENCY, LLC, THE WALT DISNEY : SUMMONS
COMPANY, MIRAMAX HOLDING CORP. :
and MIRAMAX FILM NY, LLC f/k/a : The basis of the venue is:
MIRAMAX FILM CORP., : C.P.L.R. § 503(a)
:
:
Defendants. :
:
-------------------------------------------------------------X

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 inconvenience relief
demanded in the Complaint.

Dated: October 4, 2023
New York, New York

WIGDOR LLP

By: _________________________
Douglas H. Wigdor
Meredith A. Firetog
WIGDOR LLP
85 Fifth Avenue
New York, New York 10003
Telephone: (212) 257-6800
Facsimile: (212) 257-6845
dwigdor@wigdorlaw.com
mfiretog@wigdorlaw.com

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Kevin Mintzer
Laura L. Koistinen
LAW OFFICE OF KEVIN MINTZER, P.C.
1350 Broadway, Suite 1410
New York, New York 10018
Telephone: (646) 843-8180
km@mintzerfirm.com
llk@mintzerfirm.com

Isabelle A. Kirshner
Effie Blassberger
CLAYMAN, ROSENBERG, KIRSHNER
& LINDER LLP
305 Madison Ave, Suite 650
New York, New York 10165
Telephone: (212) 922-1080
kirshner@clayro.com
blassberger@clayro.com

Counsel for Plaintiff

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NEW YORK STATE SUPREME COURT
NEW YORK COUNTY
-------------------------------------------------------------X
:
JULIA ORMOND, :
Plaintiff, : Index No. ________
:
v. :
:
HARVEY WEINSTEIN, CREATIVE ARTISTS : COMPLAINT
AGENCY, LLC, THE WALT DISNEY :
COMPANY, MIRAMAX HOLDING CORP. :
and MIRAMAX FILM NY, LLC f/k/a :
MIRAMAX FILM CORP., :
:
Defendants. :
:
-------------------------------------------------------------X

Plaintiff Julia Ormond (“Plaintiff” or “Ormond”) by her undersigned counsel, for her

complaint against Harvey Weinstein (“Weinstein”), Creative Artists Agency, LLC (“CAA”), The

Walt Disney Company (“Disney”), Miramax Holding Corp., and Miramax Film NY, LLC f/k/a

Miramax Film Corp. (“Miramax”) (collectively “Defendants”), alleges as follows:

PRELIMINARY STATEMENT

1. The #MeToo movement has unequivocally demonstrated the horrors experienced

by so many women who aspired to become Hollywood stars. This case demonstrates, however,

that even those who have reached the highest level of the film industry are not immune.

2. By the mid-1990s, Julia Ormond had secured multiple leading roles in major films,

acting opposite some of the most famous actors in the world. She was featured in leading

newspapers and magazines. She had representation from the most influential talent agents at CAA.

And with the help of those agents, she signed a film production deal with Miramax, the prominent

studio owned by Disney, which had made some of the most significant films of the era.

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3. What Ormond did not know is that Miramax’s Co-chairman, Harvey Weinstein,

was a sexual predator who systematically targeted the women actors he encountered, whether they

were trying to break into the film business or, like Ormond, had already enjoyed great success.

But the men at CAA who represented Ormond knew about Weinstein. So too did Weinstein’s

employers at Miramax and Disney. Brazenly, none of these prominent companies warned Ormond

that Weinstein had a history of assaulting women because he was too important, too powerful, and

made them too much money.

4. And so, in December 1995, while her career was peaking, Julia Ormond became

yet another victim of Harvey Weinstein’s depravity. She and Weinstein were supposed to have a

business dinner to discuss a project that Ormond had been trying to get Weinstein to follow up on

for weeks. At the dinner, Weinstein refused to discuss business matters and kept changing the

subject. Finally, following dinner, Weinstein said he would only discuss the project back at the

apartment Miramax had provided for Ormond as part of their first-look deal with her. Her defenses

down because she had consumed several drinks, and wanting to finally get to what she thought

was the purpose of their meeting, Ormond agreed to have Weinstein come back to her apartment.

Soon after, Weinstein stripped naked and forced her to perform oral sex on him.

5. That sexual assault on Ormond could have been prevented if Miramax or Disney

had properly supervised Weinstein and not retained him while knowing that he was a danger to

the women he encountered at work. Likewise, had CAA fulfilled its legal duties to Ormond to

look out for her well-being, to not place her in danger, and to warn her about Weinstein’s

predations, Ormond would not have been in a position to be victimized by Harvey Weinstein. Not

only did CAA fail to meet those basic obligations, but it compounded the damage once Ormond

told her CAA agents, Bryan Lourd (“Lourd”) and Kevin Huvane (“Huvane”), what Weinstein had

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done to her. Rather than take Ormond’s side and advocate for her interest, they suggested that if

she reported Weinstein to the authorities, she would not be believed, and he would seriously

damage her career. Still worse, not long after Weinstein’s assault on Ormond and her reporting of

the assault to them, CAA lost interest in representing her, and her career suffered dramatically.

6. CAA, Miramax, and Disney continued to handsomely profit from their close

association with Harvey Weinstein for many years after Ormond was assaulted by him and then

cast aside by Hollywood. But the damage to Ormond—and so many other women Harvey

Weinstein went on to rape, assault, and harass—has yet to be fully understood.

PARTIES

7. Ormond is a 58-year-old woman. She is a citizen of the United Kingdom.

8. Defendant Harvey Weinstein is, on information and belief, a citizen of New York

and presently is incarcerated at the Mohawk Correctional Facility in Rome, New York. He is a

former Co-chairman of Miramax and was co-employed by Disney.

9. Defendant Creative Artists Agency, LLC (“CAA”) is a Delaware limited liability

company with its principal place of business in the County of Los Angeles, State of California.

CAA is a leading entertainment talent agency and represents many artists and professionals

working in film, television, and theatre. CAA served as Ormond’s sole talent agent in the United

States from about early 1995 until early 1999. In that capacity, CAA had the exclusive authority

and responsibility to procure employment and engagements for Ormond in the film and television

industry in the United States and to negotiate the terms of such employment and engagements.

10. Miramax Film NY, LLC is a New York corporation with its principal place of

business in Santa Monica, California. On information and belief, in 2010, Miramax Film NY,

LLC merged with and assumed all liabilities of Miramax Film Corp., which was one of the

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Miramax entities that employed Harvey Weinstein or for which Harvey Weinstein acted as an

officer or director. Miramax Film Corp. at all relevant times herein was a subsidiary of The Walt

Disney Company. Miramax Holding Corp., Miramax Film NY, LLC, and/or Miramax Film Corp.

are collectively referred to herein as “Miramax.”

11. Defendant The Walt Disney Company (“Disney”) is a Delaware corporation with

its principal place of business located in Burbank, California.

12. Miramax Film Corp., Disney, and Harvey Weinstein entered into two employment

agreements effective for the periods 1993 to 1995 and 1995 to 1999. 1 Miramax and Disney jointly

had the power to hire and fire Harvey Weinstein, set his pay, and control his work conditions.

13. On information and belief, during the relevant period Disney exercised oversight

and control over Miramax and Harvey Weinstein, including, but not limited to: paying Miramax’s

employees; controlling Miramax’s budget; approving (or vetoing) requests for increased film

budgets for Miramax; auditing Miramax’s books; and reviewing, approving, and paying the

business expenses of Miramax.

JURISDICTION AND VENUE

14. This Court has jurisdiction over this matter pursuant to New York Civil Practice

Laws and Rules (“CPLR”) § 301.

15. Venue is proper in New York County pursuant to CPLR § 503(a) because a

substantial part of the events giving rise to the claim occurred in New York County.

1
See Doe v. Weinstein, 2018 ONSC 2122 (Can. Ont. S.C.J. Mar. 19, 2018),
http://canlii.ca/t/hrg30.

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FACTS

I. Background Regarding Harvey Weinstein, Miramax, and Disney

16. In the late 1970s, brothers Harvey Weinstein and Robert Weinstein (“the Weinstein

brothers”) created a small independent film-distribution company named Miramax.

17. Throughout the 1980s, Harvey Weinstein and Robert Weinstein grew in

prominence in the film industry as Miramax produced and distributed films that achieved both

critical attention and commercial success.

18. In 1993, after the success of the motion picture The Crying Game, Disney

purchased Miramax from Harvey Weinstein and Robert Weinstein in a deal valued between $60

to $80 million.

19. The next year, Miramax released its first blockbuster, Quentin Tarantino’s Pulp

Fiction, and distributed the popular independent film Clerks.

20. By late 1995, Harvey Weinstein had become an enormously powerful and

influential producer in the film and television industry.

21. Also, by late 1995, but upon information and belief—well before that time—

Harvey Weinstein had developed a propensity for sexually harassing, sexually assaulting, and/or

attempting to sexually assault women who worked or were seeking to work in the film industry.

22. Using the power, influence, and resources of his position at Miramax and Disney,

Harvey Weinstein often insisted on meeting privately with women who were seeking work and

who Weinstein said were being considered for acting roles in Miramax productions. Agents such

as CAA encouraged these meetings and told their clients that it was important to develop a personal

rapport with Weinstein. During many of these meetings, which were supposed to be for business

purposes, Harvey Weinstein sought sexual contact with the women whom he had induced to see

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him, using promises of career assistance, threats of career destruction, and physical force to

overcome the resistance of women who did not wish to have sexual contact with him.

23. And it was Weinstein’s immense power, influence, and resources that similarly

dissuaded those with knowledge of his violent and predatory tendencies towards women from

speaking up about, reporting, or otherwise preventing Weinstein’s pattern of behavior.

24. While at Miramax, Harvey Weinstein reported directly to Michael Eisner

(“Eisner”), Disney’s Chief Executive Officer. Eisner delegated oversight of Harvey Weinstein to

a series of Disney executives who did not adequately supervise him.

25. Eisner originally delegated oversight to Jeffrey Katzenberg (“Katzenberg”), the

Chairman of Disney. Katzenberg in turn delegated oversight of Harvey Weinstein and Robert

Weinstein in 1994 to a marketing and distribution executive Dick Cook (“Cook”), who could not

control the Weinstein brothers. After just a few months, Katzenberg put Bill Mechanic

(“Mechanic), then head of Disney’s international and worldwide video division, in charge of

Miramax and the Weinstein brothers. Mechanic identified that Miramax did not follow the law in

its human resources practices.

26. After Mechanic left Disney in the fall of 1994, Eisner assigned Joe Roth (“Roth”),

the head of Walt Disney Studios, to oversee Miramax and Harvey Weinstein. Roth found himself

“putting out fires the brothers had started,” 2 including Harvey Weinstein’s sexual harassment of

women. 3

2
Peter Biskind, Down and Dirty Pictures (2004), at 198.
3
Id.

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II. Ormond’s Background and Career Rise

27. Ormond was born in 1965 and was raised in Surrey, England. She was drawn to

the arts and acting from a young age. After secondary school and a year at an arts school, she

attended the prestigious Webber-Douglas Academy of Dramatic Art in London, England where she

studied drama. She graduated in 1988.

28. Ormond then began her career as a professional actor, initially focusing on theater

and television. In 1989, she won the London Drama Critics’ Award as Best Newcomer for her

performance in the play Faith, Hope and Charity. She appeared on British television drama called

Traffik. In 1992, she was nominated for a Gemini Award for Best Performance by an Actress in a

Leading Role in a Dramatic Program or Mini-Series for the television program Young Catherine,

which was broadcast in the United States on the TNT network.

29. By 1993, Ormond had begun to work in feature films, playing a leading role with

Ralph Fiennes in The Baby of Mâcon. The following year, she had leading roles in the films

Nostradamus and Captives. In 1994, Ormond was the female lead in Legends of the Fall, in which

she co-starred with Anthony Hopkins, Brad Pitt, and Aidan Quinn. The film was released in

December 1994 and was highly successful.

30. During this time, Ormond was represented by a UK-based talent agent, who had

assisted her in her rise to prominence on the international film scene. Through this talent agent,

Ormond was told that an important producer wanted to meet with her.

31. In or about early 1994, Ormond met Harvey Weinstein for the first time at the Savoy

Hotel in London, in the presence of two of his assistants. Ormond was told that the meeting

concerned an upcoming film that she was considering, but she was not eager to work on that

project. When Weinstein asked her why she was reticent to work on the film, Ormond disclosed

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that she was considering another project. To her surprise, Weinstein informed Ormond that he

was in fact also producing the other project she was considering. Ormond was slightly

embarrassed, as at the time, she did not fully grasp the extent of Weinstein’s influence and power

in the industry.

32. During her discussion with Weinstein, Ormond expressed reservations about acting

in both of the films that Weinstein was producing. Picking up on those concerns, Weinstein told

Ormond she should hold out for roles that she wanted and not simply take every job that was

offered. Ormond and Weinstein then proceeded to have a lengthy conversation about film in

general, and it turned out that most of the recent films that Ormond admired were produced or

distributed by Miramax. Weinstein acted appropriately during the meeting, and they agreed to

stay in contact.

33. Over the following year or so, Weinstein sent Ormond film scripts for her to review

and critique. On some of these occasions, the scripts pertained to acting roles that Weinstein

thought Ormond should consider. On other occasions he simply sought Ormond’s opinion about

a screenplay. Even though it was unusual for a producer to send a script directly to an actor (as

opposed to through the actor’s agent), Weinstein and Ormond would regularly discuss these scripts

by phone once she had reviewed them. Ormond also returned these scripts to Weinstein with

detailed notes reflecting her thoughts.

34. In or about 1995, Ormond engaged Bryan Lourd and Kevin Huvane of CAA to be

her talent agents in the United States. Although at the time Ormond had agents in both the United

States and the United Kingdom, she was persuaded by Lourd and Huvane that CAA would afford

her opportunities that her then-current representation could not match.

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35. In 1995, Ormond received the prestigious ShoWest award for “Female Star of

Tomorrow.” Other winners during that awards program were Will Smith, Demi Moore, and Tom

Hanks.

36. The following month, the New York Times Magazine featured Ormond on its cover

in an article about her emerging stardom. 4 The article focused on Ormond’s work in the upcoming

film, Sabrina, in which Ormond played the title role, playing opposite Harrison Ford. The article

noted that “by the time ‘Sabrina’ reaches theaters later this year, [Ormond] will have become a

movie star like no woman since 1990 when … Julia Roberts turned ‘Pretty Woman’ into a $450

million hit.”

37. The article also quoted Harvey Weinstein, who said that Ormond had “the best story

sense of any young actress in America today.” He continued, “I once got 26 pages of notes from

her about a script. She can pull them apart and find the flaws.”

38. Ormond was cast in leading roles in multiple films that were released in 1995. In

First Night, Ormond co-starred with Sean Connery and Richard Gere. Later that year, Sabrina

was released. Ormond also co-starred in Captives with Tim Roth.

39. Based on her successes, Ormond was well positioned to be one of the top women

actors in Hollywood for many years to come. Ormond was not only interested in acting in films.

She also wanted to be involved in developing and producing projects that she was passionate about.

Because of her increasing high-profile status in the motion picture industry, Ormond was presented

4
David Blum, The Conception, Production and Distribution of Julia Ormond, April 9, 1995,
https://www.nytimes.com/1995/04/09/magazine/the-conception-production-and-distribution-of-
julia-ormond.html.

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with many scripts for her consideration. Ormond thus started a production company in which she

could pursue her interest in making films as well as acting.

III. Ormond’s Work with Weinstein

40. In August 1995, Lourd and Huvane negotiated and secured for Ormond and her

production company a two-year film production agreement with Miramax which included an

exclusive “first-look” option for Miramax—the first agreement CAA negotiated on Ormond’s

behalf. Under the agreement, Miramax had the first opportunity to make any film that Ormond

sought to produce. For each film produced by Miramax under the agreement, Ormond would earn

a fee for any film that she acted in and, as a producer, would also receive a portion of the film’s

profits. CAA, in turn, would be entitled to a percentage of Ormond’s acting and producing income.

41. As part of her agreement with Miramax, in or about September 1995, Ormond

moved from England to New York City.

42. She began working from Miramax’s offices in lower Manhattan and lived in an

apartment in New York City, which was paid for by Miramax.

43. At the time that Huvane and Lourd negotiated and secured the production company

agreement for Ormond, they well knew of Weinstein’s propensity for sexually assaultive and

exploitative behavior, particularly as to young actresses whom Weinstein was meeting for business

purposes. On information and belief, Huvane and Lourd also had knowledge of confidential

settlements that Weinstein reached to keep his conduct hidden from public exposure. But they did

not disclose these circumstances to Ormond or otherwise warn her about Weinstein’s propensity

for sexual assault.

44. In late 1995, CAA presented Ormond the opportunity to work with experienced

producer, Lloyd Phillips (“Phillips”), on West With The Night, a film about the famous aviator,

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Beryl Markham. The movie was set in Kenya, London, and New York. As part of her first-look

deal, Ormond and her production company submitted the project to Miramax.

45. Weinstein expressed interest in the project and made a significant financial

commitment to Phillips to pursue it. As the first phase of the project, Miramax committed to

paying for a trip to Africa for writer’s research, character development, and location scouting. But

for over a month, Weinstein delayed paying for the trip, threatening the viability of the project.

IV. Weinstein Sexually Assaults Ormond

46. In December 1995, CAA was involved in arranging a business dinner between

Ormond and Weinstein to ensure Miramax followed through on paying for the Africa trip. Ormond

agreed to the meeting, which took place in New York City.

47. At dinner, rather than discussing the Africa trip, Weinstein was only interested in

socializing and drinking with Ormond. Whenever she tried to turn the conversation to the Africa

trip, at dinner and later at a bar, Weinstein put her off and promised to discuss the topic later.

48. Over the course of the meal, and later at a bar, Weinstein purchased multiple

alcoholic drinks for Ormond.

49. Finally, Weinstein told Ormond that he would return to her Miramax apartment

with her, where they would discuss the Africa trip, insisting that he wanted to see the apartment

“he was paying for.” Given Weinstein’s powerful position and domineering nature, Ormond felt

that she had no choice but to allow him to return to her apartment.

50. When they arrived at Ormond’s apartment, she was too inebriated to even put her

keys in the door to open it. Weinstein took Ormond’s keys and opened the door. Once inside her

apartment, Weinstein quickly agreed that Miramax would pay for the Africa trip and then went to

Ormond’s bathroom.

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51. Ormond waited a long time for Weinstein to emerge from the bathroom and then

realized he was in the bedroom and had stripped down to his underwear. Blind-sided, Ormond

made clear to Weinstein that she did not want to do anything sexual with him, but Weinstein broke

down, pleaded, continued to remove his underwear and ignore her protests. Lying face down on

the bed, he persuaded Ormond to massage him. Shortly after, Weinstein rolled over and started

masturbating, and at this point, Ormond froze. 5 Weinstein then removed Ormond’s trousers,

climbed on top of her, and continued to masturbate. He then forced her to give him oral sex. After

some time elapsed, Weinstein got off her and left the apartment.

V. Ormond Reports the Assault and Experiences Retaliation

52. In January 1996, within a few weeks of the assault, Ormond traveled to Africa on

the scout and then to Copenhagen to work on the next film that she was starring in, Smilla’s Sense

of Snow.

53. Neither Weinstein nor Miramax were involved in the production of Smilla’s Sense

of Snow. Still, Ormond learned that Weinstein planned to visit her in Copenhagen. She was

horrified and called Lourd and Huvane to plead with them to prevent Weinstein from coming to

Copenhagen. But they refused, and suggested that if Ormond did not want him there, she needed

to deal with him herself. Ormond was surprised at their response, because in her experience, agents

frequently helped clients navigate relationships with others in the industry, particularly in stressful

situations.

54. Upon Weinstein’s arrival in Copenhagen, Ormond gathered the courage to face

Weinstein alone. She made it clear to Weinstein that his assaultive conduct in New York was

5
Jen Percy, What People Misunderstand About Rape, August 22, 2023,
https://www.nytimes.com/2023/08/22/magazine/immobility-rape-trauma-freeze.html.

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completely unacceptable, she would not tolerate it, and he knew what he did was wrong. She also

told him that as a result of what happened, she could not cope with him visiting the set of Smilla’s

Sense of Snow. Ormond and Weinstein proceeded to discuss business, including the scouting trip

for West With The Night and the upcoming release of Captives, a UK film that Miramax had

acquired to distribute. But Weinstein appeared very withdrawn for the rest of the meeting, and it

was clear that he was angry about Ormond’s reaction to what he had done to her in New York.

55. Ormond soon felt Weinstein’s wrath. Shortly after this visit, Ormond’s employees

at her production company began calling her, concerned that Meryl Poster (“Poster”), Miramax’s

Senior Vice President for production, had abruptly become angry with them and was baselessly

criticizing their work. Poster reported to Weinstein, and it was implausible that Poster would have

changed her behavior so dramatically toward Ormond’s group absent Weinstein’s instruction to

her to do so.

56. Because Ormond feared that Weinstein was retaliating against her for her response

to his sexual assault of her, Ormond, still in Copenhagen, again called Lourd and Huvane seeking

their help. On this call, she recounted what had transpired with Weinstein, including the assault,

and expressed her fear that Weinstein was retaliating against her. Ormond was very embarrassed

and uncomfortable in recounting what happened.

57. In response to Ormond, neither Lourd nor Huvane expressed any surprise at what

Weinstein had done, nor did they express any empathy to Ormond for what had happened, which

shocked Ormond. Huvane and Lourd then focused on the assault from Weinstein’s perspective,

asking Ormond whether Weinstein might have believed that Ormond had consented, and suggested

that it was Weinstein’s perception of the event—not Ormond’s actual lack of consent—that legally

mattered. Lourd and Huvane also told Ormond that if she took action such as going to the police,

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FILED: NEW
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YORK COUNTY
COUNTY CLERK
CLERK 12/19/2023
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she may not be believed, and that she risked further angering Weinstein, who could be even more

punitive. They also told Ormond that she could get a lawyer and seek a settlement, but they

emphasized that she shouldn’t expect to receive more than $100,000, which they apparently

believed was the going rate for being sexually assaulted by Harvey Weinstein. Lourd and Huvane

advised Ormond to consider whether such a settlement was worth it given how much money she

was making in film. Finally, they cautioned Ormond that she should

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Document Filed Date

December 19, 2023

Case Filing Date

October 04, 2023

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Parties

ANSARI, IMRAN H. Attorney for the Defendant
BLASSBERGER, EFRAT FRIDA Attorney for the Plaintiff
BONA, ROSARIO Attorney for the Defendant
Creative Artists Agency, LLC Defendant
EARNHARDT, JOE WESLEY Attorney for the Defendant
FIRETOG, MEREDITH ANNE Attorney for the Plaintiff
Harvey Weinstein Defendant
Julia Ormond Plaintiff
KIRSHNER, ISABELLE A. Attorney for the Plaintiff
KOISTINEN, LAURA LEIGH Attorney for the Plaintiff
LYNCH, LORETTA E. Attorney for the Defendant
MINTZER, KEVIN TODD Attorney for the Plaintiff
Miramax Film NY, LLC f/k/a MIRAMAX FILM CORP. Defendant
Miramax Holding Corp. Defendant
PUTNAM, MARVIN STANLEY Attorney for the Defendant
The Walt Disney Company Defendant
WIGDOR, DOUGLAS H Attorney for the Plaintiff

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Document for Julia Ormond v. Harvey Weinstein, Creative Artists Agency, Llc, The Walt Disney Company, Miramax Holding Corp., Miramax Film Ny, Llc f/k/a MIRAMAX FILM CORP.

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