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FILED: BRONX COUNTY CLERK 05/28/2021 04:02 PM INDEX NO. 807477/2021E
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Defendants Addresses
NETFLIX PRODUCTIONS, LLC.
c/o NY Secretary of State
28 Liberty Street
New York, New York 10005
NETFLIX, INC.,
c/o NY Secretary of State
28 Liberty Street
New York, New York 10005
NETFLIX STUDIOS, LLC.,
c/o NY Secretary of State
28 Liberty Street
New York, New York 10005
BREAK THRU FILMS
c/o NY Secretary of State
Yohalem Gillman & Co LLP
Elizabeth Morin, Acct.
477 Madison Avenue
New York, New York 10022
RICKI STERN
655 Madison Avenue, 18th Flr.
New York, New York 10022
JESSE SWEET
11 Saint Francis Place
Brooklyn, NY 11216
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
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KAREEN WASHINGTON and JAMES ROBINSON,
Plaintiffs, Index No.:
-against- VERIFIED COMPLAINT
NETFLIX PRODUCTIONS, LLC., NETFLIX, INC.,
NETFLIX STUDIOS, LLC.,BREAK THRU FILMS,
RICKI STERN and JESSE SWEET,
Defendants.
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Plaintiffs, by their attorneys, SESKIN & SESKIN, as and for their Verified Complaint herein,
respectfully set forth and allege as follows, upon information and belief:
THE PARTIES
1. That this action falls within one or more of the exemptions set forth in CPLR Section 1602.
2. That prior to and on January 6, 2021, and at all times herein mentioned, plaintiff KAREEN
WASHINGTON, resided at 1825 Boston Road, Apt., 8C, County of Bronx, City of New York and
State of New York.
3. That prior and on January 6, 2021, and at all times herein mentioned, plaintiff KAREEN
WASHINGTON, was mother and natural guardian of JAYLEN ROBINSON, date of birth August
13, 2003.
4. That prior and on January 6, 2021, and at all times herein mentioned, plaintiff JAMES
ROBINSON, was the father and natural guardian of JAYLEN ROBINSON, date of birth August 13,
2003.
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5. That prior to and on January 6, 2021, and at all times herein mentioned, defendant NETFLIX
PRODUCTIONS, LLC., was a foreign limited liability corporation duly organized and existing
under and by virtue of the laws of a foreign state.
6. That prior to and on January 6, 2021, and at all times herein mentioned, defendant NETFLIX
PRODUCTIONS, LLC., was a foreign limited liability corporation licensed to do and/or transact
business within the State of New York.
7. That prior to and on January 6, 2021, and at all times herein mentioned, defendant NETFLIX
PRODUCTIONS, LLC., maintained a place of business located at 28 Liberty Street, New York, New
York 10005.
8. That prior to and on January 6, 2021, and at all times herein mentioned, defendant NETFLIX
PRODUCTIONS, LLC., did regularly do and transact business and/or derive substantial income
from its activities within the State of New York.
9. That prior to and on January 6, 2021, and at all times herein mentioned, defendant NETFLIX,
INC., was a foreign business corporation duly organized and existing under and by virtue of the laws
of a foreign state.
10. That prior to and on January 6, 2021, and at all times herein mentioned, defendant NETFLIX
INC., was a foreign corporation licensed to do and/or transact business within the State of New
York.
11. That prior to and on January 6, 2021, and at all times herein mentioned, defendant NETFLIX
INC., maintained a place of business located at 28 Liberty Street, New York, New York 10005.
12. That prior to and on January 6, 2021, and at all times herein mentioned, defendant NETFLIX
INC., did regularly do and transact business and/or derive substantial income from its activities
within the State of New York.
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13. That prior to and on January 6, 2021, and at all times herein mentioned, defendant NETFLIX
STUDIOS, LLC., was a foreign limited liability corporation duly organized and existing under and
by virtue of the laws of a foreign state.
14. That prior to and on January 6, 2021 November 15, 2020, and at all times herein mentioned,
defendant NETFLIX STUDIOS, LLC., was a foreign limited liability corporation licensed to do
and/or transact business within the State of New York.
15. That prior to and on January 6, 2021, and at all times herein mentioned, defendant NETFLIX
STUDIOS, LLC., maintained a place of business located at 28 Liberty Street, New York, New York
10005.
16. That prior to and on January 6, 2021, and at all times herein mentioned, defendant NETFLIX
STUDIOS, LLC., did regularly do and transact business and/or derive substantial income from its
activities within the State of New York.
17. That prior to and on January 6, 2021, and at all times herein mentioned, defendant NETFLIX
INC.,was a for-profit streaming and/or broadcast service which streamed and/or broadcast video and
audio content including but not limited to films, series and/or documentaries, over the internet,
airwaves and cable television to subscribers for a fee.
18. That prior to and on January 6, 2021, and at all times herein mentioned, defendant NETFLIX
PRODUCTIONS, LLC.,was a for-profit streaming and/or broadcast service which streamed and/or
broadcast video and audio content, including but not limited to films, series and/or documentaries
over the internet, airwaves and cable television to subscribers for a fee.
19. That prior to and on January 6, 2021, and at all times herein mentioned, defendant NETFLIX
STUDIOS, LLC.,was a for-profit streaming and/or broadcast service which streamed and/or
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broadcast video and audio content including but not limited to films, series and/or documentaries,
over the internet, airwaves and cable television to subscribers for a fee.
20. That prior to and on January 6, 2021, and at all times herein mentioned, the defendant
BREAK THRU FILMS, INC., was and is a domestic corporation duly organized and existing under
and by virtue of the laws of the State of New York.
21. That prior to and on January 6, 2021, and at all times herein mentioned, the defendant
BREAK THRU FILMS, INC., was film production company which produced visual and audio
content, films, series, and/or documentaries for NETFLIX, INC., NETFLIX PRODUCTIONS, LLC.,
and/or NETFLIX STUDIOS, LLC., for a fee.
22. That prior to and on January 6, 2021, and at all times herein mentioned, the defendant RICKI
STERN, was film producer which produced audio and visual and content including but not limited
to films, series and/or documentaries, for NETFLIX, INC., NETFLIX PRODUCTIONS, LLC.,
and/or NETFLIX STUDIOS, LLC., for a fee.
23. That prior to and on January 6, 2021, and at all times herein mentioned, the defendant JESSE
SWEET, was film producer which produced audio and visual content including but not limited to
films, series and/or documentaries for NETFLIX, INC., NETFLIX PRODUCTIONS, LLC., and/or
NETFLIX STUDIOS, LLC., for a fee.
24. That prior to and on January 6, 2021, and at all times herein mentioned, the defendant
NETFLIX, INC., by and through its agents and/or employees, produced the series known as
“Surviving Death”, and in particular, Episode “6”.
25. That prior to and on January 6, 2021, and at all times herein mentioned, the defendant
NETFLIX PRODUCTIONS, LLC., by and through its agents and/or employees, produced the series
known as “Surviving Death”, and in particular, Episode “6”.
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26. That prior to and on January 6, 2021, and at all times herein mentioned, the defendant
NETFLIX STUDIOS, LLC., by and through its agents and/or employees, produced the series known
as “Surviving Death”, and in particular, Episode “6”.
27. That prior to and on January 6, 2021, and at all times herein mentioned, the defendant RICKI
STERN, individually and by and through her agents and/or employees, produced the series known
as “Surviving Death”, and in particular, Episode “6”.
28. That prior to and on December 11, 2018, and at all times herein mentioned, the defendant
JESSE SWEET, individually, and by and through his employees, co-produced the series known as
“Surviving Death”, and in particular, Episode “6 ”.
29. That on January 6, 2021, and at all times herein mentioned, the defendant NETFLIX, INC.,
by and through its agents and/or employees, broadcast and/or streamed the series known as
“Surviving Death”, and in particular, Episode “6”, to subscribers and others.
30. That prior to and on January 6, 2021, and at all times herein mentioned, the defendant
NETFLIX PRODUCTIONS, LLC., by and through its agents and/or employees, broadcast and/or
streamed the series known as “Surviving Death”, and in particular, Episode “6”, to subscribers and
others.
31. That prior to and on January 6, 2021, and at all times herein mentioned, the defendant
NETFLIX STUDIOS, LLC., by and through its agents and/or employees, broadcast and/or streamed
the series known as “Surviving Death”, and in particular, Episode “6”, to subscribers and others.
32. That prior to and on January 6, 2021, and at all times herein mentioned, the defendant RICKI
STERN, individually and by and through her agents and/or employees, including but not limited to
NETFLIX, INC., NETFLIX PRODUCTIONS, LLC., and/or NETFLIX STUDIOS, LLC.,broadcast
and/or streamed the series known as “Surviving Death”, and in particular, Episode “6” and others.
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33. That prior to and on January 6, 2021, and at all times herein mentioned, the defendant JESSE
SWEET, individually and by and through her agents and/or employees, including but not limited to
NETFLIX, INC., NETFLIX PRODUCTIONS, LLC., and/or NETFLIX STUDIOS, LLC.,broadcast
and/or streamed the series known as “Surviving Death”, and in particular, Episode “6” and others.
34. That prior to and on January 6, 2021, and at all times herein mentioned, the defendant RICKI
STERN, was acting as an agent and/or employee of defendants NETFLIX, INC., NETFLIX
PRODUCTIONS, LLC., NETFLIX STUDIOS, LLC., and/or BREAK THRU FILMS, INC.
35. That prior to and on January 6, 2021, and at all times herein mentioned, the defendant JESSE
SWEET, was acting as an agent and/or employee of defendants NETFLIX, INC., NETFLIX
PRODUCTIONS, LLC., NETFLIX STUDIOS, LLC., and/or BREAK THRU FILMS, INC.
THE UNDERLYING FACTS
36. On March 6, 2005, JAYLEN ROBINSON, date of birth August 13, 2003, age 19 months,
was murdered by his babysitter, at his home located at 483 Lincoln Avenue, Brooklyn, New York.
37. Prior to January 6, 2021, and at all times herein mentioned, NETFLIX PRODUCTIONS,
LLC., by and through its agents and/or employees, produced a series known as “Surviving Death”,
and in particular, Episode No. “6”.
38. Prior to January 6, 2021, and at all times herein mentioned, NETFLIX INC., by and through
its agents and/or employees, produced a series known as “Surviving Death”, and in particular,
Episode No. “6”.
39. Prior to January 6, 2021, and at all times herein mentioned, NETFLIX STUDIOS, LLC., by
and through its agents and/or employees, produced a series known as “Surviving Death”, and in
particular, Episode No. “6”.
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40. Prior to January 6, 2021, and at all times herein mentioned, BREAK THRU FILMS, INC.,
by and through its agents and/or employees, produced a series known as “Surviving Death”, and in
particular, Episode No. “6”.
41. Prior to January 6, 2021, and at all times herein mentioned, RICKI STERN, individually and
by and through her agents and/or employees, co-produced a series known as “Surviving Death”, and
in particular, Episode No. “6”.
42. Prior to January 6, 2021, and at all times herein mentioned, JESSE SWEET, individually and
by and through his agents and/or employees, co-produced a series known as “Surviving Death”, and
in particular, Episode No. “6”.
43. Prior to January 6, 2021, and at all times herein mentioned, BREAK THRU FILMS, INC.,
by and through its agents and/or employees, produced the series known as “Surviving Death”, and
in particular, Episode No. “6”, for and on behalf of defendants NETFLIX, INC., NETFLIX
PRODUCTIONS, LLC., and/or NETFLIX STUDIOS, LLC.
44. Prior to January 6, 2021, and at all times herein mentioned, RICKI STERN, individually and
by and through her agents and/or employees, co-produced the series known as “Surviving Death”,
and in particular, Episode No. “6”, for and on behalf of defendants NETFLIX, INC., NETFLIX
PRODUCTIONS, LLC., and/or NETFLIX STUDIOS, LLC.
45. Prior to January 6, 2021, and at all times herein mentioned, JESSE SWEET, individually,
and by and through his agents and/or employees, co-produced the series known as “Surviving
Death”, and in particular, Episode No. “6”, for and on behalf of defendants NETFLIX, INC.,
NETFLIX PRODUCTIONS, LLC., and/or NETFLIX STUDIOS, LLC.
46. Prior to and on January 6, 2021, and at all times herein mentioned, NETFLIX, INC.,
NETFLIX PRODUCTIONS, LLC., NETFLIX STUDIOS, LLC., BREAKTHRU FILMS, INC.,
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RICKI STERN and/or JESSE SWEET, individually and by and through their agents and/or
employees, used the names of plaintiffs KAREEN WASHINGTON and JAMES ROBINSON in the
production of “Surviving Death”, Episode No. “6”.
47. Prior to and on January 6, 2021, and at all times herein mentioned, NETFLIX, INC.,
NETFLIX PRODUCTIONS, LLC., NETFLIX STUDIOS, LLC., BREAKTHRU FILMS, INC.,
RICKI STERN and/or JESSE SWEET, individually and by and through their agents and/or
employees, used photographs of plaintiffs KAREEN WASHINGTON and JAMES ROBINSON in
the production of “Surviving Death”, Episode No. “6”.
48. That upon information and belief, the photographs used by NETFLIX, INC., NETFLIX
PRODUCTIONS, LLC., NETFLIX STUDIOS, LLC., BREAKTHRU FILMS, INC., RICKI STERN
and/or JESSE SWEET individually and by and through their agents and/or employees, were taken
by said defendants, joint and severally, from the Facebook account/page belonging to KAREEN
WASHINGTON.
49. That on January 6, 2021, and at all times herein mentioned, NETFLIX, INC., NETFLIX
PRODUCTIONS, LLC., NETFLIX STUDIOS, LLC., BREAK THRU FILMS, INC., RICKI STERN
and/or JESSE SWEET, individually and by and through their agents and/or employees, broadcast
“Surviving Death”, Episode No. “6”, which included the names of plaintiffs KAREEN
WASHINGTON and JAMES ROBINSON, and the photographs of KAREEN WASHINGTON and
JAMES ROBINSON.
50. In “Surviving Death”, Episode No. “6”, a child named Atlas Auberry, age 5, and his mother
Erica Auberry, speak with Dr. Jim Tucker, a child psychiatrist at the University of Virginia School
of Medicine who researches children who claim to have memories of past lives , during which Atlas
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Auberry claims that he is the reincarnation of plaintiffs’ child Jaylen Robinson. Dr. Tucker shows
Atlas Auberry photographs from Jaylen Robinson’s life, including photographs of plaintiffs.
51. That defendants actions, joint and severally, in utilizing plaintiffs names and photographs
was solely to attract customers and generate sales of their productions, broadcasts and/or streaming
content.
AS AND FOR A FIRST CAUSE OF ACTION AGAINST
NETFLIX, INC., NETFLIX PRODUCTIONS, LLC., AND NETFLIX STUDIOS, LLC.
52. Plaintiffs repeat and re-allege with the same force and effect as if fully set forth hereat, those
paragraphs of the complaint designated as paragraphs 1 through 51.
53. Defendants NETFLIX, INC., NETFLIX PRODUCTIONS, LLC., and/or NETFLIX
STUDIOS, LLC., individually and by and through their agents and/or employees, joint and severally,
were reckless, careless and negligent in the production of “Surviving Death”, Episode No. “6”, as
well in the ownership and operation of the streaming and/or broadcast service known as NETFLIX,
INC., NETFLIX PRODUCTIONS, LLC., and/or NETFLIX STUDIOS, LLC; in producing said
episode and streaming and/or broadcasting the names and/or photographs of the plaintiffs without
their consent or knowledge; in producing said episode and/or streaming and/or broadcasting the
names and/or photographs of the plaintiffs for advertising and/or trade purposes without having first
obtained their consent in writing or otherwise; in using the names and/or photographs that have no
connection to the news subject and/or stream and/or broadcast to which it was connected for
advertising and/or trade purposes; in the unauthorized use of plaintiffs names and/or photographs
for immediate and/or direct benefit and/or professional gain; in producing said episode and/or
streaming and or broadcasting the names and/or photographs of plaintiffs which were not related to
a newsworthy subject without having first obtained their consent in writing or otherwise; in
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producing said episode and/or streaming and/or broadcasting the names and/or photographs of
plaintiffs that were not related to the report of news or the exposition of a subject of general interest
or educational value; in producing said episode and/or streaming and/or broadcasting the names
and/or photographs of plaintiffs to increase the number of paid subscriptions of the streaming and/or
broadcast service known as NETFLIX, INC., NETFLIX PRODUCTIONS, LLC., and/or NETFLIX
STUDIOS, LLC; in producing said episode and/or in streaming and/or broadcasting plaintiffs names
and/or photographs without their knowledge or consent; in unnecessarily tying plaintiffs to Atlas
Auberry, Erica Auberry, and the claim that Atlas Auberry is the reincarnation of Jaylen Robinson,
when plaintiffs were and are not in any way involved with said claim; in producing said episode
and/or streaming and/or broadcasting to subscribers the names and/or photographs of plaintiffs to
promote the subscription of defendants streaming and/or broadcast service alleging that Atlas
Auberry is the reincarnation of Jaylen Robinson; in producing said episode and/or streaming and/or
broadcasting plaintiffs names and/or photographs to promote the claim that Atlas Auberry is the
reincarnation of Jaylen Robinson, although same cannot be substantiated; in producing said episode
and/or streaming and/or broadcasting plaintiffs names and/or photographs in support of the claim
that Atlas Auberry is the reincarnation of Jaylen Robinson to promote subscription to defendants
streaming and/or broadcasting service; in producing said episode and/or streaming and/or
broadcasting visual and audio content containing defamatory representations of plaintiffs in a
malicious, wanton, reckless and careless manner regardless of the truth or falsity of the
representations contained therein; in negligently and/or intentionally inflicting emotional distress;
in engaging in extreme and outrageous conduct; in engaging in conduct evincing a reckless and utter
disregard for the utter disregard for the substantial probability that the plaintiffs would be harmed,
humiliated and suffer extreme and severe mental anguish and distress; in disregarding a substantial
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probability of causing plaintiffs severe mental anguish and distress; in intentionally causing the
plaintiffs severe mental anguish and distress; in branding, conveying, implying, and/or depicting
plaintiffs in a bad light; in violating plaintiffs statutory rights of privacy; in violating all applicable
statutes, laws, rules and regulations, including, but not limited to, New York Civil Rights Law §§50
and 51; and in otherwise being reckless, careless and negligent.
54. As a result of the production of said episode and/or streaming and/or broadcasting of
“Surviving Death”, Episode No. “6”, plaintiffs were caused to suffer severe and permanent injuries,
including, but not limited to, emotional distress, mental anguish, embarrassment, humiliation, loss
of dignity and respect, ridicule, attack and inquiry from strangers; difficulty sleeping; strained
familial and intimate relationships; as well as being the subject of mocking, torment and ridicule;
and being subjected to verbal and internet mocking, torment and ridicule, together with depression,
anxiety and treatment with medications and requiring counseling and therapy which will continue
into the future, as well interference with employment, all of which require plaintiffs to expend money
out-of-pocket for counseling, therapy and medical care and treatment; all of which damages are
permanent in nature and continuing into the future.
55. That the above stated occurrence and the results thereof were in no way due to any negligence
or culpable conduct on the part of the plaintiffs contributing thereto, but were caused by the negligent
and/or intentional acts of defendants, their agents and/or employees, joint and severally.
56. As a result of the foregoing, plaintiffs have been damaged by the defendants, jointly and
severally, in a sum which exceeds the jurisdiction of all lower courts.
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AS AND FOR A FIRST CAUSE OF ACTION AGAINST
BREAKTHRU FILMS, INC., RICKI STERN AND JESSE SWEET
57. Plaintiffs repeat and re-allege with the same force and effect as if fully set forth hereat, those
paragraphs of the complaint designated as paragraphs 1 through 55.
58. Defendants BREAKTHRU FILMS, INC., RICKI STERN and/or JESSE SWEET,
individually and by and through their agents and/or employees, joint and severally, were reckless,
careless and negligent in the production of “Surviving Death”, Episode No. “6”, for NETFLIX, INC.,
NETFLIX PRODUCTIONS, LLC., and/or NETFLIX STUDIOS, LLC; in producing said episode
and streaming and/or broadcasting the names and/or photographs of the plaintiffs without their
consent or knowledge; in producing said episode and/or streaming and/or broadcasting the names
and/or photographs of the plaintiffs for advertising and/or trade purposes without having first
obtained their consent in writing or otherwise; in using the names and/or photographs that have no
connection to the new subject and/or stream and/or broadcast to which it was connected for
advertising and/or trade purposes; in the unauthorized use of plaintiffs names and/or photographs
for immediate and/or direct benefit and/or professional gain; in producing said episode and/or
streaming and or broadcasting the names and/or photographs of plaintiffs which were not related to
a newsworthy subject without having first obtained their consent in writing or otherwise; in
producing said episode and/or streaming and/or broadcasting the names and/or photographs of
plaintiffs that were not related to the report of news or the exposition of a subject of general interest
or educational value; in producing said episode and/or streaming and/or broadcasting the names
and/or photographs of plaintiffs to increase the sales of their productions to other entities, including,
but not limited to the streaming service known as NETFLIX, INC., NETFLIX PRODUCTIONS,
LLC., and/or NETFLIX STUDIOS, LLC; in producing said episode and/or in streaming and/or
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broadcasting plaintiffs names and/or photographs without their knowledge or consent; in
unnecessarily tying plaintiffs to Atlas Auberry, Erica Auberry, and the claim that Atlas Auberry is
the reincarnation of Jaylen Robinson, when plaintiffs were and are not in any way involved with said
claim; in producing and/or streaming and/or broadcasting to subscribers the names and/or
photographs of plaintiffs to promote the sales of their productions to other entities, including, but
not limited to the streaming service known as NETFLIX, INC., NETFLIX PRODUCTIONS, LLC.,
and/or NETFLIX STUDIOS, LLC, alleging that Atlas Auberry is the reincarnation of Jaylen
Robinson; in producing said episode and/or streaming and/or broadcasting plaintiffs names and/or
photographs to promote the claim that Atlas Auberry is the reincarnation of Jaylen Robinson,
although same cannot be substantiated; in producing said episode and/or streaming and/or
broadcasting plaintiffs names and/or photographs in support of the claim that Atlas Auberry is the
reincarnation of Jaylen Robinson to promote subscription to defendants streaming and/or
broadcasting service; in producing said episode and/or streaming and/or broadcasting visual and
audio content containing defamatory representations of plaintiffs in a malicious, wanton, reckless
and careless manner regardless of the truth or falsity of the representations contained therein; in
negligently and/or intentionally inflicting emotional distress; in engaging in extreme and outrageous
conduct; in engaging in conduct evincing a reckless and utter disregard for the utter disregard for the
substantial probability that the plaintiffs would be harmed, humiliated and suffer extreme and severe
mental anguish and distress; in disregarding a substantial probability of causing plaintiffs severe
mental anguish and distress; in intentionally causing the plaintiffs severe mental anguish and
distress; in branding, conveying, implying, and/or depicting plaintiffs in a bad light; in violating
plaintiffs statutory rights of privacy; in violating all applicable statutes, laws, rules and regulations,
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including, but not limited to, New York Civil Rights Law §§50 and 51; and in otherwise being
reckless, careless and negligent.
59. As a result of the production and/or streaming and/or broadcasting of “Surviving Death”,
Episode No. “6”, plaintiffs were caused to suffer severe and permanent injuries, including, but not
limited to, emotional distress, mental anguish, embarrassment, humiliation, loss of dignity and
respect, ridicule, attack and inquiry from strangers; difficulty sleeping; strained familial and intimate
relationships; as well as being the subject of mocking, torment and ridicule; and being subjected to
verbal and internet mocking, torment and ridicule, together with depression, anxiety and treatment
with medications and requiring counseling and therapy which will continue into the future, as well
interference with employment, all of which require plaintiffs to expend money out-of-pocket for
counseling, therapy and medical care and treatment; all of which damages are permanent in nature
and continuing into the future.
60. That the above stated occurrence and the results thereof were in no way due to any negligence
or culpable conduct on the part of the plaintiffs contributing thereto, but were caused in whole or in
part by the joint, several and/or concurrent negligent and/or intentional acts of the defendants and/or
said defendants agents and/or employees.
61. As a result of the foregoing, plaintiffs have been damaged by the defendants, jointly and
severally, in a sum which exceeds the jurisdiction of all lower courts.
AS AND FOR A SECOND CAUSE OF ACTION AGAINST
NETFLIX, INC., NETFLIX PRODUCTIONS, LLC., NETFLIX STUDIOS, LLC.
62. Plaintiffs repeat and re-allege with the same force and effect as if fully set forth hereat, those
paragraphs of the complaint designated as paragraphs 1 through 60.
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63. Defendants, NETFLIX, INC., NETFLIX PRODUCTIONS, LLC., NETFLIX STUDIOS,
LLC., individually, and by and through their agents and/or employees, joint and severally, produced
and/or broadcast and/or streamed the names and/or photographs of plaintiffs who had no connection
with the content of “Surviving Death”, Episode 6, other than that plaintiffs were the parents of Jaylen
Robinson, an infant of 19 months of age who was murdered, to make it appear as if plaintiffs were
connected to the allegations of reincarnation of said infant so that more subscriptions to defendants
production and/or broadcast and/or streaming service could be sold, and in doing so, violated New
York Civil Rights Law §§50 and 51.
64. That the above stated occurrence and the results thereof were in no way due to any negligence
or culpable conduct on the part of the plaintiffs contributing thereto, but were caused in whole or in
part by the joint, several and/or concurrent negligent and/or intentional acts of the defendants and/or
said defendants agents and/or employees.
65. As a result of the foregoing, plaintiffs have been damaged by the defendants, jointly and
severally, in a sum which exceeds the jurisdiction of all lower courts.
AS AND FOR A SECOND CAUSE OF ACTION AGAINST
BREAKTHRU FILMS, INC., RICKI STERN AND JESSE SWEET
66. Plaintiffs repeat and re-allege with the same force and effect as if fully set forth hereat, those
paragraphs of the complaint designated as paragraphs 1 through 64.
67. Defendants, BREAKTHRU FILMS, INC., RICKI STERN and JESSE SWEET, individually,
and by and through their agents and/or employees, joint and severally, produced and/or broadcast
and/or streamed the names and/or photographs of plaintiffs who had no connection with the content
of “Surviving Death”, Episode 6, other than that plaintiffs were the parents of Jaylen Robinson, an
infant of 19 months of age who was murdered, to make it appear as if plaintiffs were connected to
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the allegations of reincarnation of said infant to increase the sales of their productions to other
entities, including, but not limited to the streaming service known as NETFLIX, INC., NETFLIX
PRODUCTIONS, LLC., and/or NETFLIX STUDIOS, LLC, and in doing so, violated New York
Civil Rights Law §§50 and 51.
68. That the above stated occurrence and the results thereof were in no way due to any negligence
or culpable conduct on the part of the plaintiffs contributing thereto, but were caused in whole or in
part by the joint, several and/or concurrent negligent and/or intentional acts of the defendants and/or
said defendants agents and/or employees.
69. As a result of the foregoing, plaintiffs have been damaged by the defendants, jointly and
severally, in a sum which exceeds the jurisdiction of all lower courts.
AS AND FOR A THIRD CAUSE OF ACTION AGAINST
NETFLIX, INC., NETFLIX PRODUCTIONS, LLC., NETFLIX
STUDIOS, LLC., BREAKTHRU FILMS, INC., RICKI STERN AND JESSE SWEET
70. Plaintiffs repeat and re-alleges with the same force and effect as if fully set forth hereat, those
paragraphs of the complaint designated as paragraphs 1 through 68.
71. The acts of the defendants, their agents and/or employees, joint and severally, were done
wilfully, maliciously, outrageously, deliberately and purposely with the intention to inflict emotional
distress upon the plaintiffs, and in reckless disregard of the probability of causing the plaintiffs
emotional distress and these acts did in fact result in fear and extreme distress.
72. That defendants intentionally produced and/or broadcast and/or streamed the names and/or
photographs of plaintiffs in “Surviving Death”, Episode “6”, without plaintiffs consent when there
was no reason to use same because they were unrelated to defendants production alleging that Atlas
Auberry is the reincarnation of their infant son Jaylen Robinson.
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73. As a direct and proximate result of the aforementioned acts, plaintiffs were caused to incur
severe mental and emotional suffering, fright, anguish, shock, nervousness and anxiety.
74. As a result of the foregoing, plaintiffs have been damaged by the defendants, joint and
severally, in a sum, which includes punitive damages, which exceeds the jurisdiction of all lower
courts.
AS AND FOR A THIRD CAUSE OF ACTION AGAINST
NETFLIX, INC., NETFLIX PRODUCTIONS, LLC., NETFLIX
STUDIOS, LLC., BREAKTHRU FILMS, INC., RICKI STERN AND JESSE SWEET
75. Plaintiffs repeat and re-allege with the same force and effect as if fully set forth hereat, those
paragraphs of the complaint designated as paragraphs 1 through 73.
76. That defendants negligently produced and/or broadcast and/or streamed the names and/or
photographs of plaintiffs in “Surviving Death”, Episode “6”, when there was no reason or consent
from plaintiffs to use same because they were unrelated to defendants production alleging that Atlas
Auberry is the reincarnation of their infant son Jaylen Robinson.
77. That negligent conduct of defendants, their agents and/or employees, joint and severally,
inflicted emotional distress upon plaintiffs.
78. That the conduct of defendants, their agents and/or employees, joint and severally, was gross
and outrageous and with reckless disregard for plaintiffs.
79. That plaintiffs have and will suffer pain, mental anguish and humiliation; were caused to
become frightened and thereby became sick and disordered and was greatly exposed to public
disgrace and greatly injured in their standing in the community, to wit, the county aforesaid; by
means of which sickness disorder and disgrace the plaintiffs have undergone great pain and
suffering, physical mental and nervous.
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80. That the above stated occurrence and the results thereof were in no way due to any negligence
or culpable conduct on the part of the plaintiffs contributing thereto, but were caused in whole or in
part by the joint, several and/or concurrent negligent acts of the defendants and/or said defendants
agents and/or employees.
81. As a result of the foregoing, plaintiffs have been damaged by the defendants, joint and
severally, in a sum which exceeds the jurisdiction of all lower courts.
AS AND FOR A FOURTH CAUSE OF ACTION AGAINST
NETFLIX, INC., NETFLIX PRODUCTIONS, LLC., NETFLIX
STUDIOS, LLC., BREAKTHRU FILMS, INC., RICKI STERN AND JESSE SWEET
82. Plaintiffs repeat and re-allege with the same force and effect as if fully set forth hereat, those
paragraphs of the complaint designated as paragraphs 1 through 80.
83. Defendants, joint and severally, although aware that by producing and/or streaming and/or
broadcasting plaintiffs names and/or photographs in “Surviving Death”, Episode “6”, alleging that
Atlas Auberry is the reincarnation of their infant son Jaylen Robinson, the would cause extreme
emotional distress to plaintiffs, nevertheless, produced and/or streamed and/or broadcast plaintiffs
photographs without any basis or connection or consent from plaintiffs.
84. By reason of the foregoing, plaintiffs were intentionally caused to suffer severe emotional
distress and were otherwise damaged.
85. That the above stated occurrence and the results thereof were in no way due to any negligence
or culpable conduct on the part of the plaintiffs contributing thereto, but were caused in whole or in
part by the joint, several and/or concurrent negligent acts of the defendants and/or said defendants
agents and/or employees.
86. As a result of the foregoing, plaintiffs have been damaged by the defendants, joint and
severally, in a sum which exceeds the jurisdiction of all lower courts.
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AS AND FOR A FIFTH CAUSE OF ACTION AGAINST
NETFLIX, INC., NETFLIX PRODUCTIONS, LLC., NETFLIX
STUDIOS, LLC., BREAKTHRU FILMS, INC., RICKI STERN AND JESSE SWEET
87. Plaintiffs repeat and re-allege with the same force and effect as if fully set forth hereat, those
paragraphs of the complaint designated as paragraphs 1 through 85.
88. Defendants, joint and severally, were grossly negligent in producing and/or streaming and/or
broadcasting plaintiffs photographs in “Surviving Death”, Episode “6”, without any basis or
connection or consent from plaintiffs.
89. By reason of the foregoing, plaintiffs were negligently caused to suffer severe emotional
distress and were otherwise damaged.
90. That the above stated occurrence and the results thereof were in no way due to any negligence
or culpable conduct on the part of the plaintiffs contributing thereto, but were caused in whole or in
part by the joint, several and/or concurrent negligent acts of the defendants and/or said defendants
agents and/or employees.
91. As a result of the foregoing, plaintiffs have been damaged by the defendants, joint and
severally, in a sum which exceeds the jurisdiction of all lower courts.
AS AND FOR A SIXTH CAUSE OF ACTION AGAINST
NETFLIX, INC., NETFLIX PRODUCTIONS, LLC., NETFLIX
STUDIOS, LLC., BREAKTHRU FILMS, INC., RICKI STERN AND JESSE SWEET
92. Plaintiffs repeat and re-alleges with the same force and effect as if fully set forth hereat, those
paragraphs of the complaint designated as paragraphs 1 through 90.
93. Pursuant to 42 U.S.C. Section 1983, plaintiffs demand an award of punitive damages against
defendants, their agents and/or employees, joint and severally.
94. That as a result and due to the resulting above-mentioned occurrence, plaintiffs were caused
to sustain serious personal injuries.
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FILED: BRONX COUNTY CLERK 05/28/2021 04:02 PM INDEX NO. 807477/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/28/2021 1 of 23 FILED: BRONX COUNTY CLERK 05/28/2021 04:02 PM INDEX NO. 807477/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/28/2021 Defendants Addresses NETFLIX PRODUCTIONS, LLC. c/o NY Secretary of State 28 Liberty Street New York, New York 10005 NETFLIX, INC., c/o NY Secretary of State 28 Liberty Street New York, New York 10005 NETFLIX STUDIOS, LLC., c/o NY Secretary of State 28 Liberty Street New York, New York 10005 BREAK THRU FILMS c/o NY Secretary of State Yohalem Gillman & Co LLP Elizabeth Morin, Acct. 477 Madison Avenue New York, New York 10022 RICKI STERN 655 Madison Avenue, 18th Flr. New York, New York 10022 JESSE SWEET 11 Saint Francis Place Brooklyn, NY 11216 2 of 23 FILED: BRONX COUNTY CLERK 05/28/2021 04:02 PM INDEX NO. 807477/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/28/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX -----------------------------------------------------------------------------X KAREEN WASHINGTON and JAMES ROBINSON, Plaintiffs, Index No.: -against- VERIFIED COMPLAINT NETFLIX PRODUCTIONS, LLC., NETFLIX, INC., NETFLIX STUDIOS, LLC.,BREAK THRU FILMS, RICKI STERN and JESSE SWEET, Defendants. ------------------------------------------------------------------------------X Plaintiffs, by their attorneys, SESKIN & SESKIN, as and for their Verified Complaint herein, respectfully set forth and allege as follows, upon information and belief: THE PARTIES 1. That this action falls within one or more of the exemptions set forth in CPLR Section 1602. 2. That prior to and on January 6, 2021, and at all times herein mentioned, plaintiff KAREEN WASHINGTON, resided at 1825 Boston Road, Apt., 8C, County of Bronx, City of New York and State of New York. 3. That prior and on January 6, 2021, and at all times herein mentioned, plaintiff KAREEN WASHINGTON, was mother and natural guardian of JAYLEN ROBINSON, date of birth August 13, 2003. 4. That prior and on January 6, 2021, and at all times herein mentioned, plaintiff JAMES ROBINSON, was the father and natural guardian of JAYLEN ROBINSON, date of birth August 13, 2003. 3 of 23 FILED: BRONX COUNTY CLERK 05/28/2021 04:02 PM INDEX NO. 807477/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/28/2021 5. That prior to and on January 6, 2021, and at all times herein mentioned, defendant NETFLIX PRODUCTIONS, LLC., was a foreign limited liability corporation duly organized and existing under and by virtue of the laws of a foreign state. 6. That prior to and on January 6, 2021, and at all times herein mentioned, defendant NETFLIX PRODUCTIONS, LLC., was a foreign limited liability corporation licensed to do and/or transact business within the State of New York. 7. That prior to and on January 6, 2021, and at all times herein mentioned, defendant NETFLIX PRODUCTIONS, LLC., maintained a place of business located at 28 Liberty Street, New York, New York 10005. 8. That prior to and on January 6, 2021, and at all times herein mentioned, defendant NETFLIX PRODUCTIONS, LLC., did regularly do and transact business and/or derive substantial income from its activities within the State of New York. 9. That prior to and on January 6, 2021, and at all times herein mentioned, defendant NETFLIX, INC., was a foreign business corporation duly organized and existing under and by virtue of the laws of a foreign state. 10. That prior to and on January 6, 2021, and at all times herein mentioned, defendant NETFLIX INC., was a foreign corporation licensed to do and/or transact business within the State of New York. 11. That prior to and on January 6, 2021, and at all times herein mentioned, defendant NETFLIX INC., maintained a place of business located at 28 Liberty Street, New York, New York 10005. 12. That prior to and on January 6, 2021, and at all times herein mentioned, defendant NETFLIX INC., did regularly do and transact business and/or derive substantial income from its activities within the State of New York. 4 of 23 FILED: BRONX COUNTY CLERK 05/28/2021 04:02 PM INDEX NO. 807477/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/28/2021 13. That prior to and on January 6, 2021, and at all times herein mentioned, defendant NETFLIX STUDIOS, LLC., was a foreign limited liability corporation duly organized and existing under and by virtue of the laws of a foreign state. 14. That prior to and on January 6, 2021 November 15, 2020, and at all times herein mentioned, defendant NETFLIX STUDIOS, LLC., was a foreign limited liability corporation licensed to do and/or transact business within the State of New York. 15. That prior to and on January 6, 2021, and at all times herein mentioned, defendant NETFLIX STUDIOS, LLC., maintained a place of business located at 28 Liberty Street, New York, New York 10005. 16. That prior to and on January 6, 2021, and at all times herein mentioned, defendant NETFLIX STUDIOS, LLC., did regularly do and transact business and/or derive substantial income from its activities within the State of New York. 17. That prior to and on January 6, 2021, and at all times herein mentioned, defendant NETFLIX INC.,was a for-profit streaming and/or broadcast service which streamed and/or broadcast video and audio content including but not limited to films, series and/or documentaries, over the internet, airwaves and cable television to subscribers for a fee. 18. That prior to and on January 6, 2021, and at all times herein mentioned, defendant NETFLIX PRODUCTIONS, LLC.,was a for-profit streaming and/or broadcast service which streamed and/or broadcast video and audio content, including but not limited to films, series and/or documentaries over the internet, airwaves and cable television to subscribers for a fee. 19. That prior to and on January 6, 2021, and at all times herein mentioned, defendant NETFLIX STUDIOS, LLC.,was a for-profit streaming and/or broadcast service which streamed and/or 5 of 23 FILED: BRONX COUNTY CLERK 05/28/2021 04:02 PM INDEX NO. 807477/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/28/2021 broadcast video and audio content including but not limited to films, series and/or documentaries, over the internet, airwaves and cable television to subscribers for a fee. 20. That prior to and on January 6, 2021, and at all times herein mentioned, the defendant BREAK THRU FILMS, INC., was and is a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. 21. That prior to and on January 6, 2021, and at all times herein mentioned, the defendant BREAK THRU FILMS, INC., was film production company which produced visual and audio content, films, series, and/or documentaries for NETFLIX, INC., NETFLIX PRODUCTIONS, LLC., and/or NETFLIX STUDIOS, LLC., for a fee. 22. That prior to and on January 6, 2021, and at all times herein mentioned, the defendant RICKI STERN, was film producer which produced audio and visual and content including but not limited to films, series and/or documentaries, for NETFLIX, INC., NETFLIX PRODUCTIONS, LLC., and/or NETFLIX STUDIOS, LLC., for a fee. 23. That prior to and on January 6, 2021, and at all times herein mentioned, the defendant JESSE SWEET, was film producer which produced audio and visual content including but not limited to films, series and/or documentaries for NETFLIX, INC., NETFLIX PRODUCTIONS, LLC., and/or NETFLIX STUDIOS, LLC., for a fee. 24. That prior to and on January 6, 2021, and at all times herein mentioned, the defendant NETFLIX, INC., by and through its agents and/or employees, produced the series known as “Surviving Death”, and in particular, Episode “6”. 25. That prior to and on January 6, 2021, and at all times herein mentioned, the defendant NETFLIX PRODUCTIONS, LLC., by and through its agents and/or employees, produced the series known as “Surviving Death”, and in particular, Episode “6”. 6 of 23 FILED: BRONX COUNTY CLERK 05/28/2021 04:02 PM INDEX NO. 807477/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/28/2021 26. That prior to and on January 6, 2021, and at all times herein mentioned, the defendant NETFLIX STUDIOS, LLC., by and through its agents and/or employees, produced the series known as “Surviving Death”, and in particular, Episode “6”. 27. That prior to and on January 6, 2021, and at all times herein mentioned, the defendant RICKI STERN, individually and by and through her agents and/or employees, produced the series known as “Surviving Death”, and in particular, Episode “6”. 28. That prior to and on December 11, 2018, and at all times herein mentioned, the defendant JESSE SWEET, individually, and by and through his employees, co-produced the series known as “Surviving Death”, and in particular, Episode “6 ”. 29. That on January 6, 2021, and at all times herein mentioned, the defendant NETFLIX, INC., by and through its agents and/or employees, broadcast and/or streamed the series known as “Surviving Death”, and in particular, Episode “6”, to subscribers and others. 30. That prior to and on January 6, 2021, and at all times herein mentioned, the defendant NETFLIX PRODUCTIONS, LLC., by and through its agents and/or employees, broadcast and/or streamed the series known as “Surviving Death”, and in particular, Episode “6”, to subscribers and others. 31. That prior to and on January 6, 2021, and at all times herein mentioned, the defendant NETFLIX STUDIOS, LLC., by and through its agents and/or employees, broadcast and/or streamed the series known as “Surviving Death”, and in particular, Episode “6”, to subscribers and others. 32. That prior to and on January 6, 2021, and at all times herein mentioned, the defendant RICKI STERN, individually and by and through her agents and/or employees, including but not limited to NETFLIX, INC., NETFLIX PRODUCTIONS, LLC., and/or NETFLIX STUDIOS, LLC.,broadcast and/or streamed the series known as “Surviving Death”, and in particular, Episode “6” and others. 7 of 23 FILED: BRONX COUNTY CLERK 05/28/2021 04:02 PM INDEX NO. 807477/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/28/2021 33. That prior to and on January 6, 2021, and at all times herein mentioned, the defendant JESSE SWEET, individually and by and through her agents and/or employees, including but not limited to NETFLIX, INC., NETFLIX PRODUCTIONS, LLC., and/or NETFLIX STUDIOS, LLC.,broadcast and/or streamed the series known as “Surviving Death”, and in particular, Episode “6” and others. 34. That prior to and on January 6, 2021, and at all times herein mentioned, the defendant RICKI STERN, was acting as an agent and/or employee of defendants NETFLIX, INC., NETFLIX PRODUCTIONS, LLC., NETFLIX STUDIOS, LLC., and/or BREAK THRU FILMS, INC. 35. That prior to and on January 6, 2021, and at all times herein mentioned, the defendant JESSE SWEET, was acting as an agent and/or employee of defendants NETFLIX, INC., NETFLIX PRODUCTIONS, LLC., NETFLIX STUDIOS, LLC., and/or BREAK THRU FILMS, INC. THE UNDERLYING FACTS 36. On March 6, 2005, JAYLEN ROBINSON, date of birth August 13, 2003, age 19 months, was murdered by his babysitter, at his home located at 483 Lincoln Avenue, Brooklyn, New York. 37. Prior to January 6, 2021, and at all times herein mentioned, NETFLIX PRODUCTIONS, LLC., by and through its agents and/or employees, produced a series known as “Surviving Death”, and in particular, Episode No. “6”. 38. Prior to January 6, 2021, and at all times herein mentioned, NETFLIX INC., by and through its agents and/or employees, produced a series known as “Surviving Death”, and in particular, Episode No. “6”. 39. Prior to January 6, 2021, and at all times herein mentioned, NETFLIX STUDIOS, LLC., by and through its agents and/or employees, produced a series known as “Surviving Death”, and in particular, Episode No. “6”. 8 of 23 FILED: BRONX COUNTY CLERK 05/28/2021 04:02 PM INDEX NO. 807477/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/28/2021 40. Prior to January 6, 2021, and at all times herein mentioned, BREAK THRU FILMS, INC., by and through its agents and/or employees, produced a series known as “Surviving Death”, and in particular, Episode No. “6”. 41. Prior to January 6, 2021, and at all times herein mentioned, RICKI STERN, individually and by and through her agents and/or employees, co-produced a series known as “Surviving Death”, and in particular, Episode No. “6”. 42. Prior to January 6, 2021, and at all times herein mentioned, JESSE SWEET, individually and by and through his agents and/or employees, co-produced a series known as “Surviving Death”, and in particular, Episode No. “6”. 43. Prior to January 6, 2021, and at all times herein mentioned, BREAK THRU FILMS, INC., by and through its agents and/or employees, produced the series known as “Surviving Death”, and in particular, Episode No. “6”, for and on behalf of defendants NETFLIX, INC., NETFLIX PRODUCTIONS, LLC., and/or NETFLIX STUDIOS, LLC. 44. Prior to January 6, 2021, and at all times herein mentioned, RICKI STERN, individually and by and through her agents and/or employees, co-produced the series known as “Surviving Death”, and in particular, Episode No. “6”, for and on behalf of defendants NETFLIX, INC., NETFLIX PRODUCTIONS, LLC., and/or NETFLIX STUDIOS, LLC. 45. Prior to January 6, 2021, and at all times herein mentioned, JESSE SWEET, individually, and by and through his agents and/or employees, co-produced the series known as “Surviving Death”, and in particular, Episode No. “6”, for and on behalf of defendants NETFLIX, INC., NETFLIX PRODUCTIONS, LLC., and/or NETFLIX STUDIOS, LLC. 46. Prior to and on January 6, 2021, and at all times herein mentioned, NETFLIX, INC., NETFLIX PRODUCTIONS, LLC., NETFLIX STUDIOS, LLC., BREAKTHRU FILMS, INC., 9 of 23 FILED: BRONX COUNTY CLERK 05/28/2021 04:02 PM INDEX NO. 807477/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/28/2021 RICKI STERN and/or JESSE SWEET, individually and by and through their agents and/or employees, used the names of plaintiffs KAREEN WASHINGTON and JAMES ROBINSON in the production of “Surviving Death”, Episode No. “6”. 47. Prior to and on January 6, 2021, and at all times herein mentioned, NETFLIX, INC., NETFLIX PRODUCTIONS, LLC., NETFLIX STUDIOS, LLC., BREAKTHRU FILMS, INC., RICKI STERN and/or JESSE SWEET, individually and by and through their agents and/or employees, used photographs of plaintiffs KAREEN WASHINGTON and JAMES ROBINSON in the production of “Surviving Death”, Episode No. “6”. 48. That upon information and belief, the photographs used by NETFLIX, INC., NETFLIX PRODUCTIONS, LLC., NETFLIX STUDIOS, LLC., BREAKTHRU FILMS, INC., RICKI STERN and/or JESSE SWEET individually and by and through their agents and/or employees, were taken by said defendants, joint and severally, from the Facebook account/page belonging to KAREEN WASHINGTON. 49. That on January 6, 2021, and at all times herein mentioned, NETFLIX, INC., NETFLIX PRODUCTIONS, LLC., NETFLIX STUDIOS, LLC., BREAK THRU FILMS, INC., RICKI STERN and/or JESSE SWEET, individually and by and through their agents and/or employees, broadcast “Surviving Death”, Episode No. “6”, which included the names of plaintiffs KAREEN WASHINGTON and JAMES ROBINSON, and the photographs of KAREEN WASHINGTON and JAMES ROBINSON. 50. In “Surviving Death”, Episode No. “6”, a child named Atlas Auberry, age 5, and his mother Erica Auberry, speak with Dr. Jim Tucker, a child psychiatrist at the University of Virginia School of Medicine who researches children who claim to have memories of past lives , during which Atlas 10 of 23 FILED: BRONX COUNTY CLERK 05/28/2021 04:02 PM INDEX NO. 807477/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/28/2021 Auberry claims that he is the reincarnation of plaintiffs’ child Jaylen Robinson. Dr. Tucker shows Atlas Auberry photographs from Jaylen Robinson’s life, including photographs of plaintiffs. 51. That defendants actions, joint and severally, in utilizing plaintiffs names and photographs was solely to attract customers and generate sales of their productions, broadcasts and/or streaming content. AS AND FOR A FIRST CAUSE OF ACTION AGAINST NETFLIX, INC., NETFLIX PRODUCTIONS, LLC., AND NETFLIX STUDIOS, LLC. 52. Plaintiffs repeat and re-allege with the same force and effect as if fully set forth hereat, those paragraphs of the complaint designated as paragraphs 1 through 51. 53. Defendants NETFLIX, INC., NETFLIX PRODUCTIONS, LLC., and/or NETFLIX STUDIOS, LLC., individually and by and through their agents and/or employees, joint and severally, were reckless, careless and negligent in the production of “Surviving Death”, Episode No. “6”, as well in the ownership and operation of the streaming and/or broadcast service known as NETFLIX, INC., NETFLIX PRODUCTIONS, LLC., and/or NETFLIX STUDIOS, LLC; in producing said episode and streaming and/or broadcasting the names and/or photographs of the plaintiffs without their consent or knowledge; in producing said episode and/or streaming and/or broadcasting the names and/or photographs of the plaintiffs for advertising and/or trade purposes without having first obtained their consent in writing or otherwise; in using the names and/or photographs that have no connection to the news subject and/or stream and/or broadcast to which it was connected for advertising and/or trade purposes; in the unauthorized use of plaintiffs names and/or photographs for immediate and/or direct benefit and/or professional gain; in producing said episode and/or streaming and or broadcasting the names and/or photographs of plaintiffs which were not related to a newsworthy subject without having first obtained their consent in writing or otherwise; in 11 of 23 FILED: BRONX COUNTY CLERK 05/28/2021 04:02 PM INDEX NO. 807477/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/28/2021 producing said episode and/or streaming and/or broadcasting the names and/or photographs of plaintiffs that were not related to the report of news or the exposition of a subject of general interest or educational value; in producing said episode and/or streaming and/or broadcasting the names and/or photographs of plaintiffs to increase the number of paid subscriptions of the streaming and/or broadcast service known as NETFLIX, INC., NETFLIX PRODUCTIONS, LLC., and/or NETFLIX STUDIOS, LLC; in producing said episode and/or in streaming and/or broadcasting plaintiffs names and/or photographs without their knowledge or consent; in unnecessarily tying plaintiffs to Atlas Auberry, Erica Auberry, and the claim that Atlas Auberry is the reincarnation of Jaylen Robinson, when plaintiffs were and are not in any way involved with said claim; in producing said episode and/or streaming and/or broadcasting to subscribers the names and/or photographs of plaintiffs to promote the subscription of defendants streaming and/or broadcast service alleging that Atlas Auberry is the reincarnation of Jaylen Robinson; in producing said episode and/or streaming and/or broadcasting plaintiffs names and/or photographs to promote the claim that Atlas Auberry is the reincarnation of Jaylen Robinson, although same cannot be substantiated; in producing said episode and/or streaming and/or broadcasting plaintiffs names and/or photographs in support of the claim that Atlas Auberry is the reincarnation of Jaylen Robinson to promote subscription to defendants streaming and/or broadcasting service; in producing said episode and/or streaming and/or broadcasting visual and audio content containing defamatory representations of plaintiffs in a malicious, wanton, reckless and careless manner regardless of the truth or falsity of the representations contained therein; in negligently and/or intentionally inflicting emotional distress; in engaging in extreme and outrageous conduct; in engaging in conduct evincing a reckless and utter disregard for the utter disregard for the substantial probability that the plaintiffs would be harmed, humiliated and suffer extreme and severe mental anguish and distress; in disregarding a substantial 12 of 23 FILED: BRONX COUNTY CLERK 05/28/2021 04:02 PM INDEX NO. 807477/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/28/2021 probability of causing plaintiffs severe mental anguish and distress; in intentionally causing the plaintiffs severe mental anguish and distress; in branding, conveying, implying, and/or depicting plaintiffs in a bad light; in violating plaintiffs statutory rights of privacy; in violating all applicable statutes, laws, rules and regulations, including, but not limited to, New York Civil Rights Law §§50 and 51; and in otherwise being reckless, careless and negligent. 54. As a result of the production of said episode and/or streaming and/or broadcasting of “Surviving Death”, Episode No. “6”, plaintiffs were caused to suffer severe and permanent injuries, including, but not limited to, emotional distress, mental anguish, embarrassment, humiliation, loss of dignity and respect, ridicule, attack and inquiry from strangers; difficulty sleeping; strained familial and intimate relationships; as well as being the subject of mocking, torment and ridicule; and being subjected to verbal and internet mocking, torment and ridicule, together with depression, anxiety and treatment with medications and requiring counseling and therapy which will continue into the future, as well interference with employment, all of which require plaintiffs to expend money out-of-pocket for counseling, therapy and medical care and treatment; all of which damages are permanent in nature and continuing into the future. 55. That the above stated occurrence and the results thereof were in no way due to any negligence or culpable conduct on the part of the plaintiffs contributing thereto, but were caused by the negligent and/or intentional acts of defendants, their agents and/or employees, joint and severally. 56. As a result of the foregoing, plaintiffs have been damaged by the defendants, jointly and severally, in a sum which exceeds the jurisdiction of all lower courts. 13 of 23 FILED: BRONX COUNTY CLERK 05/28/2021 04:02 PM INDEX NO. 807477/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/28/2021 AS AND FOR A FIRST CAUSE OF ACTION AGAINST BREAKTHRU FILMS, INC., RICKI STERN AND JESSE SWEET 57. Plaintiffs repeat and re-allege with the same force and effect as if fully set forth hereat, those paragraphs of the complaint designated as paragraphs 1 through 55. 58. Defendants BREAKTHRU FILMS, INC., RICKI STERN and/or JESSE SWEET, individually and by and through their agents and/or employees, joint and severally, were reckless, careless and negligent in the production of “Surviving Death”, Episode No. “6”, for NETFLIX, INC., NETFLIX PRODUCTIONS, LLC., and/or NETFLIX STUDIOS, LLC; in producing said episode and streaming and/or broadcasting the names and/or photographs of the plaintiffs without their consent or knowledge; in producing said episode and/or streaming and/or broadcasting the names and/or photographs of the plaintiffs for advertising and/or trade purposes without having first obtained their consent in writing or otherwise; in using the names and/or photographs that have no connection to the new subject and/or stream and/or broadcast to which it was connected for advertising and/or trade purposes; in the unauthorized use of plaintiffs names and/or photographs for immediate and/or direct benefit and/or professional gain; in producing said episode and/or streaming and or broadcasting the names and/or photographs of plaintiffs which were not related to a newsworthy subject without having first obtained their consent in writing or otherwise; in producing said episode and/or streaming and/or broadcasting the names and/or photographs of plaintiffs that were not related to the report of news or the exposition of a subject of general interest or educational value; in producing said episode and/or streaming and/or broadcasting the names and/or photographs of plaintiffs to increase the sales of their productions to other entities, including, but not limited to the streaming service known as NETFLIX, INC., NETFLIX PRODUCTIONS, LLC., and/or NETFLIX STUDIOS, LLC; in producing said episode and/or in streaming and/or 14 of 23 FILED: BRONX COUNTY CLERK 05/28/2021 04:02 PM INDEX NO. 807477/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/28/2021 broadcasting plaintiffs names and/or photographs without their knowledge or consent; in unnecessarily tying plaintiffs to Atlas Auberry, Erica Auberry, and the claim that Atlas Auberry is the reincarnation of Jaylen Robinson, when plaintiffs were and are not in any way involved with said claim; in producing and/or streaming and/or broadcasting to subscribers the names and/or photographs of plaintiffs to promote the sales of their productions to other entities, including, but not limited to the streaming service known as NETFLIX, INC., NETFLIX PRODUCTIONS, LLC., and/or NETFLIX STUDIOS, LLC, alleging that Atlas Auberry is the reincarnation of Jaylen Robinson; in producing said episode and/or streaming and/or broadcasting plaintiffs names and/or photographs to promote the claim that Atlas Auberry is the reincarnation of Jaylen Robinson, although same cannot be substantiated; in producing said episode and/or streaming and/or broadcasting plaintiffs names and/or photographs in support of the claim that Atlas Auberry is the reincarnation of Jaylen Robinson to promote subscription to defendants streaming and/or broadcasting service; in producing said episode and/or streaming and/or broadcasting visual and audio content containing defamatory representations of plaintiffs in a malicious, wanton, reckless and careless manner regardless of the truth or falsity of the representations contained therein; in negligently and/or intentionally inflicting emotional distress; in engaging in extreme and outrageous conduct; in engaging in conduct evincing a reckless and utter disregard for the utter disregard for the substantial probability that the plaintiffs would be harmed, humiliated and suffer extreme and severe mental anguish and distress; in disregarding a substantial probability of causing plaintiffs severe mental anguish and distress; in intentionally causing the plaintiffs severe mental anguish and distress; in branding, conveying, implying, and/or depicting plaintiffs in a bad light; in violating plaintiffs statutory rights of privacy; in violating all applicable statutes, laws, rules and regulations, 15 of 23 FILED: BRONX COUNTY CLERK 05/28/2021 04:02 PM INDEX NO. 807477/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/28/2021 including, but not limited to, New York Civil Rights Law §§50 and 51; and in otherwise being reckless, careless and negligent. 59. As a result of the production and/or streaming and/or broadcasting of “Surviving Death”, Episode No. “6”, plaintiffs were caused to suffer severe and permanent injuries, including, but not limited to, emotional distress, mental anguish, embarrassment, humiliation, loss of dignity and respect, ridicule, attack and inquiry from strangers; difficulty sleeping; strained familial and intimate relationships; as well as being the subject of mocking, torment and ridicule; and being subjected to verbal and internet mocking, torment and ridicule, together with depression, anxiety and treatment with medications and requiring counseling and therapy which will continue into the future, as well interference with employment, all of which require plaintiffs to expend money out-of-pocket for counseling, therapy and medical care and treatment; all of which damages are permanent in nature and continuing into the future. 60. That the above stated occurrence and the results thereof were in no way due to any negligence or culpable conduct on the part of the plaintiffs contributing thereto, but were caused in whole or in part by the joint, several and/or concurrent negligent and/or intentional acts of the defendants and/or said defendants agents and/or employees. 61. As a result of the foregoing, plaintiffs have been damaged by the defendants, jointly and severally, in a sum which exceeds the jurisdiction of all lower courts. AS AND FOR A SECOND CAUSE OF ACTION AGAINST NETFLIX, INC., NETFLIX PRODUCTIONS, LLC., NETFLIX STUDIOS, LLC. 62. Plaintiffs repeat and re-allege with the same force and effect as if fully set forth hereat, those paragraphs of the complaint designated as paragraphs 1 through 60. 16 of 23 FILED: BRONX COUNTY CLERK 05/28/2021 04:02 PM INDEX NO. 807477/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/28/2021 63. Defendants, NETFLIX, INC., NETFLIX PRODUCTIONS, LLC., NETFLIX STUDIOS, LLC., individually, and by and through their agents and/or employees, joint and severally, produced and/or broadcast and/or streamed the names and/or photographs of plaintiffs who had no connection with the content of “Surviving Death”, Episode 6, other than that plaintiffs were the parents of Jaylen Robinson, an infant of 19 months of age who was murdered, to make it appear as if plaintiffs were connected to the allegations of reincarnation of said infant so that more subscriptions to defendants production and/or broadcast and/or streaming service could be sold, and in doing so, violated New York Civil Rights Law §§50 and 51. 64. That the above stated occurrence and the results thereof were in no way due to any negligence or culpable conduct on the part of the plaintiffs contributing thereto, but were caused in whole or in part by the joint, several and/or concurrent negligent and/or intentional acts of the defendants and/or said defendants agents and/or employees. 65. As a result of the foregoing, plaintiffs have been damaged by the defendants, jointly and severally, in a sum which exceeds the jurisdiction of all lower courts. AS AND FOR A SECOND CAUSE OF ACTION AGAINST BREAKTHRU FILMS, INC., RICKI STERN AND JESSE SWEET 66. Plaintiffs repeat and re-allege with the same force and effect as if fully set forth hereat, those paragraphs of the complaint designated as paragraphs 1 through 64. 67. Defendants, BREAKTHRU FILMS, INC., RICKI STERN and JESSE SWEET, individually, and by and through their agents and/or employees, joint and severally, produced and/or broadcast and/or streamed the names and/or photographs of plaintiffs who had no connection with the content of “Surviving Death”, Episode 6, other than that plaintiffs were the parents of Jaylen Robinson, an infant of 19 months of age who was murdered, to make it appear as if plaintiffs were connected to 17 of 23 FILED: BRONX COUNTY CLERK 05/28/2021 04:02 PM INDEX NO. 807477/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/28/2021 the allegations of reincarnation of said infant to increase the sales of their productions to other entities, including, but not limited to the streaming service known as NETFLIX, INC., NETFLIX PRODUCTIONS, LLC., and/or NETFLIX STUDIOS, LLC, and in doing so, violated New York Civil Rights Law §§50 and 51. 68. That the above stated occurrence and the results thereof were in no way due to any negligence or culpable conduct on the part of the plaintiffs contributing thereto, but were caused in whole or in part by the joint, several and/or concurrent negligent and/or intentional acts of the defendants and/or said defendants agents and/or employees. 69. As a result of the foregoing, plaintiffs have been damaged by the defendants, jointly and severally, in a sum which exceeds the jurisdiction of all lower courts. AS AND FOR A THIRD CAUSE OF ACTION AGAINST NETFLIX, INC., NETFLIX PRODUCTIONS, LLC., NETFLIX STUDIOS, LLC., BREAKTHRU FILMS, INC., RICKI STERN AND JESSE SWEET 70. Plaintiffs repeat and re-alleges with the same force and effect as if fully set forth hereat, those paragraphs of the complaint designated as paragraphs 1 through 68. 71. The acts of the defendants, their agents and/or employees, joint and severally, were done wilfully, maliciously, outrageously, deliberately and purposely with the intention to inflict emotional distress upon the plaintiffs, and in reckless disregard of the probability of causing the plaintiffs emotional distress and these acts did in fact result in fear and extreme distress. 72. That defendants intentionally produced and/or broadcast and/or streamed the names and/or photographs of plaintiffs in “Surviving Death”, Episode “6”, without plaintiffs consent when there was no reason to use same because they were unrelated to defendants production alleging that Atlas Auberry is the reincarnation of their infant son Jaylen Robinson. 18 of 23 FILED: BRONX COUNTY CLERK 05/28/2021 04:02 PM INDEX NO. 807477/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/28/2021 73. As a direct and proximate result of the aforementioned acts, plaintiffs were caused to incur severe mental and emotional suffering, fright, anguish, shock, nervousness and anxiety. 74. As a result of the foregoing, plaintiffs have been damaged by the defendants, joint and severally, in a sum, which includes punitive damages, which exceeds the jurisdiction of all lower courts. AS AND FOR A THIRD CAUSE OF ACTION AGAINST NETFLIX, INC., NETFLIX PRODUCTIONS, LLC., NETFLIX STUDIOS, LLC., BREAKTHRU FILMS, INC., RICKI STERN AND JESSE SWEET 75. Plaintiffs repeat and re-allege with the same force and effect as if fully set forth hereat, those paragraphs of the complaint designated as paragraphs 1 through 73. 76. That defendants negligently produced and/or broadcast and/or streamed the names and/or photographs of plaintiffs in “Surviving Death”, Episode “6”, when there was no reason or consent from plaintiffs to use same because they were unrelated to defendants production alleging that Atlas Auberry is the reincarnation of their infant son Jaylen Robinson. 77. That negligent conduct of defendants, their agents and/or employees, joint and severally, inflicted emotional distress upon plaintiffs. 78. That the conduct of defendants, their agents and/or employees, joint and severally, was gross and outrageous and with reckless disregard for plaintiffs. 79. That plaintiffs have and will suffer pain, mental anguish and humiliation; were caused to become frightened and thereby became sick and disordered and was greatly exposed to public disgrace and greatly injured in their standing in the community, to wit, the county aforesaid; by means of which sickness disorder and disgrace the plaintiffs have undergone great pain and suffering, physical mental and nervous. 19 of 23 FILED: BRONX COUNTY CLERK 05/28/2021 04:02 PM INDEX NO. 807477/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/28/2021 80. That the above stated occurrence and the results thereof were in no way due to any negligence or culpable conduct on the part of the plaintiffs contributing thereto, but were caused in whole or in part by the joint, several and/or concurrent negligent acts of the defendants and/or said defendants agents and/or employees. 81. As a result of the foregoing, plaintiffs have been damaged by the defendants, joint and severally, in a sum which exceeds the jurisdiction of all lower courts. AS AND FOR A FOURTH CAUSE OF ACTION AGAINST NETFLIX, INC., NETFLIX PRODUCTIONS, LLC., NETFLIX STUDIOS, LLC., BREAKTHRU FILMS, INC., RICKI STERN AND JESSE SWEET 82. Plaintiffs repeat and re-allege with the same force and effect as if fully set forth hereat, those paragraphs of the complaint designated as paragraphs 1 through 80. 83. Defendants, joint and severally, although aware that by producing and/or streaming and/or broadcasting plaintiffs names and/or photographs in “Surviving Death”, Episode “6”, alleging that Atlas Auberry is the reincarnation of their infant son Jaylen Robinson, the would cause extreme emotional distress to plaintiffs, nevertheless, produced and/or streamed and/or broadcast plaintiffs photographs without any basis or connection or consent from plaintiffs. 84. By reason of the foregoing, plaintiffs were intentionally caused to suffer severe emotional distress and were otherwise damaged. 85. That the above stated occurrence and the results thereof were in no way due to any negligence or culpable conduct on the part of the plaintiffs contributing thereto, but were caused in whole or in part by the joint, several and/or concurrent negligent acts of the defendants and/or said defendants agents and/or employees. 86. As a result of the foregoing, plaintiffs have been damaged by the defendants, joint and severally, in a sum which exceeds the jurisdiction of all lower courts. 20 of 23 FILED: BRONX COUNTY CLERK 05/28/2021 04:02 PM INDEX NO. 807477/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/28/2021 AS AND FOR A FIFTH CAUSE OF ACTION AGAINST NETFLIX, INC., NETFLIX PRODUCTIONS, LLC., NETFLIX STUDIOS, LLC., BREAKTHRU FILMS, INC., RICKI STERN AND JESSE SWEET 87. Plaintiffs repeat and re-allege with the same force and effect as if fully set forth hereat, those paragraphs of the complaint designated as paragraphs 1 through 85. 88. Defendants, joint and severally, were grossly negligent in producing and/or streaming and/or broadcasting plaintiffs photographs in “Surviving Death”, Episode “6”, without any basis or connection or consent from plaintiffs. 89. By reason of the foregoing, plaintiffs were negligently caused to suffer severe emotional distress and were otherwise damaged. 90. That the above stated occurrence and the results thereof were in no way due to any negligence or culpable conduct on the part of the plaintiffs contributing thereto, but were caused in whole or in part by the joint, several and/or concurrent negligent acts of the defendants and/or said defendants agents and/or employees. 91. As a result of the foregoing, plaintiffs have been damaged by the defendants, joint and severally, in a sum which exceeds the jurisdiction of all lower courts. AS AND FOR A SIXTH CAUSE OF ACTION AGAINST NETFLIX, INC., NETFLIX PRODUCTIONS, LLC., NETFLIX STUDIOS, LLC., BREAKTHRU FILMS, INC., RICKI STERN AND JESSE SWEET 92. Plaintiffs repeat and re-alleges with the same force and effect as if fully set forth hereat, those paragraphs of the complaint designated as paragraphs 1 through 90. 93. Pursuant to 42 U.S.C. Section 1983, plaintiffs demand an award of punitive damages against defendants, their agents and/or employees, joint and severally. 94. That as a result and due to the resulting above-mentioned occurrence, plaintiffs were caused to sustain serious personal injuries. 21 of 23 FILED: BRONX COUNTY CLERK 05/28/2021 04:02 PM INDEX NO. 807477/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/28/2021 22 of 23 FILED: BRONX COUNTY CLERK 05/28/2021 04:02 PM INDEX NO. 807477/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/28/2021 23 of 23