Hauck v. Kovalesky

FILED: NEW YORK COUNTY CLERK 03/24/2014
NYSCEF DOC. NO. 1
INDEX NO. 152662/2014
RECEIVED NYSCEF: 03/24/2014
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
SCARLETT HAUCK
(aka SCARLETT ETIENNE)
Plaintiff,
Index No. _________________
SUMMONS FOR DEFENDANT
ANGELA KOVALESKY
-againstANGELA KOVALESKY
Defendant.
To the above-named defendant:
You are hereby summoned and required to serve upon plaintiff’s attorney, at his
address stated below, an answer to the attached complaint.
If this summons was personally served upon you in the State of New York, the
answer must be served within twenty days after such service of the summons,
excluding the date of service. If the summons was not personally delivered to you
within the State of New York, the answer must be served within thirty days after the
service of the summons is complete as provided by law.
If you do not serve an answer the attached complaint within the applicable time
limitation stated above, a judgment may be entered against you, by default, for the
relief demanded in the complaint, without further notice to you.
The action will be heard in the Supreme Court of the State of New York and in
the County of New York.
Dated: New York, New York
March 24, 2014
_____________________________
John G. Balestriere
Jillian L. McNeil
BALESTRIERE, FARIELLO &
ABRAMS LLP
225 Broadway, 29th Floor
New York, NY 10007
Telephone: (212) 374-5401
Facsimile:
(212) 208-2613
Attorneys for Plaintiff Scarlett Hauck
John G. Balestriere
Jillian L. McNeil
BALESTRIERE, FARIELLO & ABRAMS LLP
225 Broadway, 29th Floor
New York, New York 10007
Telephone: (646) 912-8463
Facsimile: (212) 208-2613
[email protected]
[email protected]
Attorneys for Plaintiff Scarlett Hauck
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
SCARLETT HAUCK
(aka SCARLETT ETIENNE)
Plaintiff,
Index No. _______
VERIFIED COMPLAINT
-againstANGELA KOVALESKY
Defendant.
Plaintiff Scarlett Hauck, aka Scarlett Etienne (“Etienne” or “Plaintiff”), as and for
her Verified Complaint against Defendant Angela Kovalesky (“Kovalesky” or
“Defendant”), hereby alleges as follows:
PRELIMINARY STATEMENT
1.
Defendant Kovalesky dated Etienne’s fiancé, Sam Tabar (“Tabar”), before
Etienne and Tabar’s relationship. Kovalesky has not only stalked and harassed Etienne,
but also engaged in tortious conduct which has interfered with Etienne’s career.
Etienne files this complaint as related to the counterclaims which Tabar simultaneously
files in Kovalesky v. Tabar, Index No. 151034/2014, which Kovalesky initiated against
Tabar (the “Tortious Interference Action”).
2.
After Tabar had ended his relationship with Kovalesky and informed her
in February 2013 that he was seeing Etienne, Kovalesky engaged in a campaign to scare
and harass both Etienne and Tabar. Kovalesky went so far as to make multiple false
reports to the police that resulted in Tabar’s arrest on two separate occasions.
3.
Since at least April 2013, Kovalesky has stalked Plaintiff through social
media and has sent numerous disparaging emails about Plaintiff’s character.
Kovalesky’s harassment caused Plaintiff, who is a Disc Jockey (“DJ”) and relies on
social media to book performances and promote herself, to significantly cease social
networking for a period of at least three months, and limit her social networking for
another six months. This resulted in substantial financial losses for Plaintiff.
4.
By July 2013, Kovalesky’s behavior had become so unpredictable and
potentially dangerous that Tabar was forced to file a petition for an order of protection
against Kovalesky in the Kings County Family Court due to Kovalesky’s acts of
“disorderly conduct”, “aggravated harassment”, “menacing”, “reckless endangerment”,
“assault”, “stalking”, and “criminal mischief”. See July 19, 2013 Family Offense Petition,
attached hereto as Exhibit 1. The Family Court issued an order of protection in favor of
Tabar as a result.
5.
In the course of her months of tortious conduct against Tabar and Etienne,
Kovalesky made defamatory statements about Etienne, disparaged her, intentionally
2
caused her emotional distress, and disrupted her career.
The result is significant
emotional and out-of-pocket financial damages which Etienne seeks to recover by filing
this action.
THE PARTIES
6.
Plaintiff Scarlett Etienne is a citizen of United States and resides in New
York, New York.
7.
Defendant Angela Kovalesky resides at 200 Bethel Loop, Brooklyn, New
York 11239.
JURISDICTION
8.
This Court has personal jurisdiction over Defendant pursuant to CPLR §
9.
Venue is proper pursuant to CPLR § 503, as Plaintiff resides in New York
301.
County and Defendant initiated a related action before this Court on February 5, 2014.
STATEMENT OF FACTS
Background
10.
Plaintiff Scarlett Etienne is an international DJ, who started performing in
New York City over a decade ago, and has since performed in venues around the
world. Etienne is also a musician, performer, model, and spokesperson for THINX, a
clothing line that raises money to help keep girls in developing countries in school by
providing them with resources and health education. Etienne has a strong online
presence including over 30,000 followers on her Facebook Fan Page, as well as over
10,000 followers on Twitter.
She relies upon social media extensively, including
3
Facebook, Twitter, Instagram, and her personal travel blog, and books many of her
performances through social networking.
11.
Etienne is engaged to Tabar.
12.
Prior to their engagement, Tabar dated Kovalesky. In or about December
2012, Tabar informed Kovalesky that he did not wish to date her anymore.
13.
Kovalesky reacted by engaging in over a year of harassment, abuse of
process, and other torts against both Tabar and Etienne.
14.
Between December 2012 and February 2013, Kovalesky repeatedly
showed up at Tabar’s hotel rooms without advance notice and or invitation, in order to
harass, assault, and disparage Tabar. In fact, Kovalesky had done so on at least five or
six occasions.
15.
By April 2013, Etienne was aware of the difficulties between Tabar and
Kovalesky.
16.
In February 2013, Kovalesky learned that Tabar had begun dating Etienne,
which motivated Kovalesky to file a false domestic violence complaint (the “First
Baseless Criminal Complaint”) against Tabar, for which he was arrested and had to
spend a night in jail. In the First Baseless Criminal Complaint, Kovalesky accused
Tabar of being physically violent with her.
17.
But these allegations were entirely false. Tabar never engaged in the
conduct of which Kovalesky accused him.
18.
Tabar has always denied the allegations which Kovalesky made against
him in support of her eventually dismissed complaint.
4
However, even though
Kovalesky’s First Baseless Criminal Complaint was eventually dismissed in its entirety,
Tabar was arrested on February 28, 2013, and had to spend a night in jail, suffering
emotional trauma as a direct result of her false accusations.
19.
Kovalesky also used her false allegations against Tabar to obtain
temporary orders of protection against Tabar which prohibited Tabar from contacting
Kovalesky in any way. A temporary order of protection is granted between each court
appearance in most domestic violence actions, regardless of whether the court has
determined that the defendant engaged in the alleged misconduct. The last of the
temporary orders of protection that resulted from the First Baseless Criminal Complaint
was granted on April 17, 2013.
20.
The charges stemming from Kovalesky’s First Baseless Criminal
Complaint were dismissed completely on June 10, 2013.
Defendant Begins to Stalk, Harass, and Disparage Etienne
21.
Despite supposedly wishing to have no contact with Tabar, Kovalesky
repeatedly contacted Tabar and then Etienne, through email, text messages and
Facebook, and began to track Tabar and Etienne on social media websites.
22.
On April 29, 2013, Kovalesky apparently tracked Etienne and Tabar via
Etienne’s account on Instagram, a photo sharing and social networking site on which
Etienne, like other users, published media to be seen by her “followers” on the service.
Kovalesky saw on Etienne’s Instagram account an image of Tabar on vacation in Los
Angeles, and called Tabar at least six times that day beginning one hour after Etienne
posted the photo of Tabar. This was the first incident in a long series of incidents in
5
which Kovalesky reacted to posts on Etienne’s social media accounts and used them to
harass and stalk Tabar, and, frequently, Etienne.
23.
On May 9, 2013, Kovalesky told Tabar to “[h]ave fun with boring Scarlett
in Hong Kong . . . .” See May 9, 2013 WhatsApp Text Message Conversation between
Kovalesky and Tabar, attached hereto as Exhibit 2. Kovalesky gained this information
from Etienne’s personal Facebook page and gig schedule.
24.
Later that month, Etienne was forced to block Kovalesky on her private
Facebook profile after Tabar informed her about a message Kovalesky sent him via text
message that indicated Kovalesky had been stalking Etienne on social networks,
specifically Facebook.
25.
This angered Kovalesky, who launched into a five-day barrage of
harassing text messages, emails, and phone calls to Tabar. Kovalesky told Tabar to
“talk your shit and have people block me. It makes me laugh you still have no idea
who you are dealing with . . . [y]ou have no idea how far you’ve pushed me.” See May
27, 2013 Text Message at 7:58am and 8:24am, attached hereto as Exhibit 3.
26.
Kovalesky proceeded to repeatedly reference a photo Etienne had posted
on her Facebook profile and Tabar had “liked”. Kovalesky took issue with the photo
Etienne had posted on her private Facebook page, and then repeatedly harassed Tabar
for “liking” the photo and disparaged Etienne to Tabar and Kovalesky’s friends. See
May 27, 2013 WhatsApp Conversation, attached hereto as Exhibit 3 (referring to an
image of Etienne posted on Etienne’s Facebook page); see also May 27, 2013 Email at
11:46am from Kovalesky to Tabar, attached hereto as Exhibit 4 (referring to the same
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image of Etienne on Etienne’s Facebook page and stating “[g]o crazy over how I found
this out, I just don’t care”); May 27, 2013 Email at 11:55am from Kovalesky to Tabar,
attached hereto as Exhibit 5 (referring to the same image of Etienne on Etienne’s
Facebook page); May 27, 2013 Email at 2:30pm from Kovalesky to Tabar, attached
hereto as Exhibit 6 (referring to the same image of Etienne and calling the photo
“common filth”).
27.
But there was nothing graphic or distasteful about the photo as Kovalesky
claimed. See Facebook Screenshot of Photo, dated May 26, 2013, attached hereto as
Exhibit 7.
28.
The next day, Kovalesky sent another e-mail to Tabar, disparaging his
past girlfriends, including Etienne.
Kovalesky accused one woman of having “the
ugliest nose and hands I‘ve ever seen in my life.” Kovalesky claimed another “looks
mousey”, accused a third of being “a troll” and “a loser”, and called a fourth “a fat
slob.” See May 27, 2013 Email at 4:19pm from Kovalesky to Tabar, attached hereto as
Exhibit 8. Kovalesky called Etienne “a common tramp” and a “pathetically lonely
person.” Id.
29.
Kovalesky sent yet another email on May 27, 2013 in which she referred to
Etienne as a “slut.” May 27, 2013 Email at 11:55am from Kovalesky to Tabar, attached
hereto as Exhibit 5.
30.
Kovalesky sent another email later on May 27, 2013, accusing Tabar of
being a “loser” and told Tabar he was “just like the whores in your pathetic life,”
referring to Etienne. Kovalesky again referred to Etienne as a “slut”, writing to Tabar,
7
“[c]an you believe you are in your 40s hanging out with sluts in their 20s?” May 27,
2013 Email at 8:09pm from Kovalesky to Tabar, attached hereto as Exhibit 9. Tabar is
indeed over 40 years old and Etienne is under 30 years old.
31.
Kovalesky sent another email to Tabar regarding Etienne on May 28, 2013,
calling Etienne “common, trampy Scarlett” and asking Tabar why Etienne would block
“someone like me on Facebook.” See May 28, 2013 Email from Kovalesky to Tabar at
4:31am, attached hereto as Exhibit 10.
32.
On May 29, 2013, Kovalesky again emailed Tabar, and threatened him
with legal action if he had anyone block Kovalesky on Facebook. See May 29, 2013
Email from Kovalesky to Tabar at 8:13am, attached hereto as Exhibit 11. Kovalesky told
Tabar he had “no right to lie to others about me forcing them to block me on Facebook.”
Id. Kovalesky told Tabar that she will take him to Court and threatened to “subpoena
Scarlett and anyone else necessary” to do so. Id.
33.
But in reality, Etienne blocked Kovalesky from Facebook because of the
harassing emails Kovalesky sent repeatedly to Tabar regarding photos posted on
Etienne’s Facebook account. Etienne was simply protecting herself from a woman who
was using Etienne’s Facebook feeds to stalk Etienne and harass Etienne’s fiancé. It was
at this point that Etienne began to fear for the safety of herself and her fiancé Tabar.
Kovalesky Uses Social Media to Find Etienne and Her Fiancé Overseas and Attempts
to Extort Tabar of $1 million
34.
As described above, in May 2013, Kovalesky began monitoring Etienne’s
social media accounts, which Etienne uses to promote her performances as a DJ.
8
Kovalesky used these social media accounts in order to track the location of both
Etienne and her fiancé.
35.
In April or May 2013, upon information and belief, Kovalesky created a
new Facebook account under a false name, and began monitoring Etienne’s social
media feeds.
Etienne had previously blocked Kovalesky from Etienne’s private
Facebook profile, so Kovalesky created the new profile to gain information about Tabar
and Etienne’s whereabouts.
36.
On May 28, 2013, Kovalesky was upset, as Tabar would not call her and
tell her where he was traveling to. Kovalesky pressed Tabar and insisted that, if he did
not tell her, she would find out herself. See Emails from Kovalesky to Tabar dated May
28, 2013, attached hereto as Exhibit 12 (at 3:46am “[w]here are you going?”; at 3:48am
“[a]nd don’t lie to me. I’ll find out the truth”; at 3:52am “[y]ou should really fucking
answer me. And with the fucking truth”; and at 3:57am “lol, you’re fucking with me
again, aren’t you?! You never learn, do you?”). When Tabar did not reveal his location,
Kovalesky followed through on her threats and tracked Tabar and Etienne through
Etienne’s Facebook account, blog, and Instagram to determine their location.
37.
On or around May 31, 2013, Kovalesky discovered from reading Etienne’s
blog and Facebook account that Etienne and Tabar had taken a trip together overseas.
See Facebook Screenshot of Photo, dated May 29, 2013, attached hereto as Exhibit 13.
Etienne was traveling to perform, and Tabar was accompanying her on her tour.
38.
Because Kovalesky gleaned information as to Tabar and Etienne’s
whereabouts from Etienne’s blog and Facebook account, both of which track Etienne’s
9
scheduled performances, Kovalesky knew, at least in part, that Etienne was traveling
for a performance.
39.
Without either Etienne or Tabar’s permission, Kovalesky tracked down
Etienne and Tabar at their resort and called their room.
40.
When Tabar picked up the phone, Kovalesky threatened that if he did not
leave the hotel immediately, pay Kovalesky the sum of $1 million, and end his
relationship with Etienne, she was going to go to the police to “disrupt” Etienne and
Tabar’s lives.
41.
When Tabar asked Kovalesky, “why are you doing this,” Kovalesky
answered, “because I want to destroy you.”
42.
During this conversation, Kovalesky referred to Etienne using various
vitriolic, disparaging, and insulting names, calling her, inter alia, a “whore,” “slut,” and
“cunt.”
43.
Kovalesky spoke so loudly that Etienne could hear her through the phone
for the majority of the conversation.
Defendant’s Threats Cause Plaintiff and Her Fiancé to Abandon Their Trip
44.
Because Kovalesky had a history of showing up at Tabar’s hotel rooms
unannounced, and because Kovalesky had been physically violent with Tabar in the
past, after Kovalesky’s harassing phone call, Etienne was fearful of Kovalesky’s threats.
This was not the first time that Kovalesky had made and then followed through on
threats she made to Tabar, and, as such, Etienne maintained a genuine belief that
Kovalesky was capable of, and in fact would, seek to cause both Etienne and Tabar
10
physical harm and continue to harass them.
Also as a result, Etienne reasonably
believed that Kovalesky would follow up on her threat to disrupt and destroy Etienne
and Tabar’s lives.
45.
As a result, Etienne and Tabar were forced to abandon the remainder of
their stay at the resort where Kovalesky had tracked them down, and switch hotels.
46.
Etienne and Tabar also ended their trip early and switched flights,
incurring substantial expenses charged by the airline for changing their travel plans on
short notice.
Defendant’s Threats Cause Plaintiff to Suspend Her Use of Social Media, Which Had
A Direct Adverse Effect on Plaintiff’s Business Opportunities
47.
Realizing that Kovalesky had used Etienne and Tabar’s social media feeds
to find them overseas, after Kovalesky’s harassing call to her hotel room, Etienne
discontinued her blog and posts on Twitter and Facebook in order to avoid further
harassment, and to prevent further interference in Etienne’s professional relationships
and career by Kovalesky. Etienne disabled these social media platforms as a direct
result of Kovalesky’s threats to disrupt Etienne’s life.
48.
Etienne’s discontinuation of her social media feeds—her primary means of
marketing—had a direct and negative impact on her income as a DJ. Etienne’s private
Facebook account is where she keeps in contact with most club promoters and other DJs
around the world, and is the medium through which she books her DJ engagements
and earns her income. Etienne booked most of her DJ engagements, including the
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performance overseas where Kovalesky called Etienne, using Etienne’s private
Facebook account. Performances are typically booked at least one month in advance.
49.
Prior to May 31, 2013, when Etienne was able to use her Facebook and
other social media accounts to actively market herself and book performances, Etienne
booked, on average, four to five DJ performances a month. For each performance,
Etienne would receive a performance fee ranging from £1,500 to £7,000 (approximately
$2,500 to $12,000).
50.
After Kovalesky’s threats forced Etienne to stop social networking,
Etienne received no offers for new shows between May 30, 2013 and September 15, 2013
as a direct result of disengaging from social media. Etienne completed gigs in June, but
these had been booked prior to May 30, 2013.
51.
interference.
Etienne earned no income in July and August due to Kovalesky’s
Etienne had no performances in July, and only one performance in
August, which was booked in March, before Kovalesky threatened Etienne.
52.
After the Brooklyn Family Court granted an order of protection to Tabar
against Kovalesky due to Kovalesky’s harassment, false criminal complaints, and
attempted extortion, Etienne began to cautiously return to social media. However,
because Etienne is still afraid that Kovalesky will use social media to track Etienne’s and
her fiancé’s whereabouts, Etienne does not market herself in the same way she did prior
to May 31, 2013.
12
53.
Since September, Etienne has booked approximately half the number of
performances as she had before Kovalesky caused Etienne to shut down her social
networking platforms.
54.
Etienne also missed out on potential business opportunities due to
Kovalesky’s misconduct.
In June 2013, when Kovalesky made a second criminal
complaint against Tabar based upon false allegations (the “Second Baseless Criminal
Complaint”) and Tabar was again arrested, Etienne flew back to New York from a
performance in India to give a statement to the District Attorney. Etienne also had to
cancel a studio session at Flesh and Bone studios, incurring a £1,000 cancellation fee.
These last-minute travel plans cost Plaintiff upwards of $4,000.
Kovalesky Continues to Stalk and Harass Etienne Through Social Media
55.
Plaintiff continues to this day to be the subject of Kovalesky’s campaign of
stalking, carried about through Kovalesky’s current boyfriend and through various
false Facebook accounts.
56.
On December 27, 2013, Kovalesky’s current boyfriend, Daniel Emmerson,
engaged Etienne on Twitter, “favoriting” various Twitter posts made by Etienne. See
December 27, 2013 Twitter Posts, attached hereto as Exhibit 14. Emmerson made these
comments to Etienne at the behest of Kovalesky to further intimidate Etienne.
57.
On January 21, 2014, Etienne received a Facebook message from an
account belonging to Tiffany Arjunagh. On information and belief, this is one of the
false Facebook accounts utilized by Kovalesky to stalk Etienne after Etienne blocked
Kovalesky from Facebook in May 2013.
13
58.
In the message, Kovalesky writes “I know Samir – how could you be with
someone who treats people, namely women, like shit?”
See January 21 - 25, 2014
Facebook Messages, attached hereto as Exhibit 15.
59.
Kovalesky sent a second follow up message on January 22, 2014, and a
third on January 25, 2014, making similar statements in each. Id.
60.
These messages make accusations against Etienne and her fiancé Tabar in
language that is similar to the harassing emails sent by Kovalesky from February 2013
to July 2013. Like many of the earlier emails, these messages were sent in the early
morning hours.
61.
Also similar to the messages Kovalesky sent from May 27 to May 31, 2013,
these Facebook messages were sent only days before Kovalesky initiated legal action
against Tabar. Kovalesky’s accusations in the January Facebook messages are similar to
those she made in the February 5, 2014 complaint.
62.
Etienne has endured emotional distress and fear as a result of Kovalesky’s
threats and constant stalking.
FIRST CAUSE OF ACTION
(Defamation/Slander Per Se)
63.
Plaintiff repeats and re-alleges each and every allegation set forth in the
foregoing paragraphs as if fully set forth herein.
64.
On May 27, 2013, Kovalesky sent an e-mail to Tabar in which she falsely
accused Plaintiff of being “a common tramp.” Kovalesky sent Tabar another, separate
e-mail that day in which she referred to Etienne as a “slut.”
14
65.
Kovalesky’s written statements impugn Scarlett’s chastity and are thus
libelous per se.
66.
On or about May 31, 2013, Kovalesky was monitoring Etienne’s social
media feeds, including her blog.
67.
Kovalesky discovered that Etienne and Tabar were traveling together in
Bali, Indonesia.
68.
Kovalesky tracked down Plaintiff and Tabar at their hotel and contacted
them by phone.
69.
During this conversation, Kovalesky, while speaking to Tabar, falsely
referred to Scarlett using various vitriolic, disparaging, and insulting names including
“whore,” “slut,” and “cunt.”
70.
Kovalesky’s oral statements impugn Etienne’s chastity and are thus
slanderous per se.
71.
As a direct and proximate result of Kovalesky’s defamation, Etienne
suffered non-economic damages, including pain and suffering in an amount to be
determined at trial.
SECOND CAUSE OF ACTION
(Intentional Infliction of Emotional Distress)
72.
Plaintiff repeats and re-alleges each and every allegation set forth in the
foregoing paragraphs as if fully set forth herein.
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73.
Kovalesky began stalking Etienne online in May 2013. When Etienne
blocked Kovalesky on Etienne’s Facebook account, Kovalesky created false profiles in
order to continue to monitor Etienne’s activities.
74.
The use of social media is crucial to Etienne’s success as a DJ. This is how
Etienne books gigs and develops her fan base. Etienne also wrote a travel blog online
called “View with a Room”, which recorded the various hotels she stayed at while on
tour, and posted her gig schedule.
75.
Kovalesky tracked down Etienne and her fiancé Tabar in Bali, Indonesia,
and made at least one harassing and threatening phone call to them at their hotel.
76.
Kovalesky threatened to disrupt Etienne and Tabar’s lives if they did not
pay her $1 million and end their relationship.
77.
Kovalesky’s conduct was intentional and malicious.
78.
Kovalesky’s conduct was extreme and outrageous and is utterly
intolerable in a civilized community.
79.
Kovalesky’s conduct was calculated to and did cause emotional distress to
Etienne.
80.
After Kovalesky tracked down Etienne and Tabar through Etienne’s social
media feeds, Etienne maintained a genuine belief that Kovalesky was capable of, and in
fact would, seek to cause them physical harm and continue to harass them.
81.
Etienne and Tabar were forced to abandon the remainder of their stay,
switched hotels and ended their trip early, incurring transactional costs.
16
82.
In addition, in order to prevent Kovalesky form tracking her down again,
Etienne was forced to discontinue her social media feeds, which are Etienne’s primary
marketing tool. This reduced the number of DJ performances Etienne was able to book
and reduced the number of guests who attended Etienne’s existing performances,
causing Etienne to lose substantial income.
83.
Through additional false Facebook accounts and through her current
boyfriend, Kovalesky continues to stalk Etienne online.
84.
Kovalesky’s conduct was extreme and outrageous, exceeding all bounds
usually tolerated by a decent society.
85.
Plaintiff has endured severe and debilitating emotional distress and
immense fear as a result of Kovalesky’s threats and constant stalking, and continues to
be subjected to Kovalesky’s campaign of stalking, carried about via her current
boyfriend and various fake Facebook accounts.
86.
As a direct and proximate result of Kovalesky’s intentional infliction of
emotional distress, Etienne has suffered and continues to suffer both economic and noneconomic damages in an amount to be determined at trial.
THIRD CAUSE OF ACTION
(Tortious Interference with Prospective Business Advantage)
87.
Plaintiff repeats and re-alleges each and every allegation set forth in the
foregoing paragraphs as if fully set forth herein.
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88.
Prior to the commission of the wrongful acts by Kovalesky, Etienne’s
primary means of marketing herself as a DJ and booking performances was through
social media.
89.
Prior to the commission of the wrongful acts by Kovalesky, Etienne wrote
a travel blog regarding the various hotels she stayed in during her travels as a DJ.
90.
Moreover, as a public figure, social media plays an exaggerated role in
Etienne’s professional success and reputation, as compared to a non-public figure.
91.
When Kovalesky called Tabar and Etienne at their hotel in Bali, Kovalesky
attempted to extort $1 million from Tabar and Etienne. If Tabar and Etienne did not
comply with Kovalesky’s requests, which in addition to the $1 million included the
termination of Tabar and Etienne’s relationship, Kovalesky threatened to disrupt their
lives.
92.
Kovalesky made her threats with the purpose of harming Etienne.
93.
Kovalesky knew that Etienne is a public figure who uses social media to
promote her career and book performances.
94.
Kovalesky also knew of Etienne’s travel blog as she used the blog, to track
down Tabar and Etienne’s location in Bali.
95.
As a direct and proximate result of Kovalesky’s wrongful conduct,
Etienne was forced to cease communicating through social media from May 31, 2013 to
September 2013.
96.
Etienne consequently missed out on numerous business and marketing
opportunities that she would have otherwise had if she had been able to maintain her
18
online presence. Etienne typically had four to five gigs per month and received a
performance fee for each gig, ranging from £1,500 to £7,000 (approximately $2,500 to
$12,000).
97.
Etienne also missed out on potential business opportunities when, as a
result of Tabar’s arrest due to Kovalesky’s Second Baseless Criminal Complaint, on or
around June 26, 2013, Etienne was forced to fly to New York City from India, where she
was performing, to give a statement to the District Attorney. Etienne also had to cancel
a studio session at Flesh and Bone Studios, incurring a £1,000 cancellation fee. These
last-minute travel plans cost Plaintiff upwards of $4,000.
98.
Etienne is still afraid that Kovalesky will use social media to track Etienne
and her fiancé’s whereabouts. As a result, Etienne does not market herself in the same
way she did prior to May 31, 2013.
99.
Since September, Etienne has booked approximately half the number of
performances as she had before Kovalesky caused Etienne to shut down her social
networking platforms on May 31, 2013.
100.
Etienne was damaged in an amount to be determined at trial, but at least
in excess of $175,000.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for the following relief:
(a) Compensatory damages, including damages for pain and suffering, and for
damages caused to Etienne’s business advantages in an amount to be
determined at trial;
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(b) Punitive damages in an amount to be determined at trial;
(e) Such other and further relief as the Court deems just and proper.
Dated: New York, New York
March 21, 2014
Respectfully Submittc"cl.--___.
By)'''~fT',--b~=7.f-=-----:7
Jol1n G. alestri .
Jillian L. McNeil
BALESTRIERE, FARIELLO & ABRAMS LLP
225 Broadway, 29 th Floor
New York, New York 10007
Telephone: (646) 9"12-8463
Facsimile: (212) 208-2613
john. [email protected]
[email protected]
A l/orIJeys for Ploillliff Scarlett HOlick
20
VERIFICATION
STATE OF NEWYORK
)
) 55.:
COUNTY OF NEW YORK
)
SCARLETT HAUCK, being duly sworn, deposes and says, that she is a Plaintiff in the foregoing
action; that she has read the foregoing document; that she knows of the contents thereof, and
that 10 her knowledge, the claims presented above arc true and accurate, except as to matters
stated therein to be alleged upon informaLion and belief, as to those matters. she believes Ule
contents to be true.
SCARl
Sworn to before me Ulis
~ day of March, 2014
~~
Jillion 1M MeN""
NotB!Y Public Slats of Now Yorlc
KJngs CounlY
Reg No. 02MC6279034
I eomm. Exp.
[If0/17
I
21
Exhibit 1
Exhibit 2
5/9/13, 8:24:20 AM: Angela Kovalesky: Tip: find a girl with bad self
confidence like you, pretend you're cool like your brother and continue to
be unfulfilled and happy since you can't prioritize or treat a woman like
she should be treated.
5/9/13, 8:24:30 AM: Angela Kovalesky: I'm better than you.
5/9/13, 8:27:42 AM: Angela Kovalesky: 1ff29984f91722296f38fbb09a821e1b.jpg
<attached>
5/9/13, 8:27:54 AM: Angela Kovalesky: 88b03ab838b397027b1276c63ef54088.jpg
<attached>
5/9/13, 8:28:11 AM: Angela Kovalesky: c7571f29454a52100686d79767aaf779.jpg
<attached>
5/9/13, 8:28:21 AM: Angela Kovalesky: 2a37f4d8a29d2191f7e707a4a7eef4bb.jpg
<attached>
5/9/13, 8:28:48 AM: Angela Kovalesky: All fucking over.
5/9/13, 8:30:46 AM: Angela Kovalesky: And you should talk to randa more
about being in an unfulfilled relationship with #2 since you'll need to
squeeze into that spot soon.
5/9/13, 8:50:09 AM: Angela Kovalesky: You could have told your boring
cousin to go to HK this weekend, but you tell her to see you the ONE
weekend I can see you. You are PATHETIC.
5/9/13, 8:50:59 AM: Angela Kovalesky: Have fun with boring Scarlet and
your brother in HK too. Jesus, you ARE lame and boring!
5/9/13, 8:51:08 AM: Angela Kovalesky: And not fun in bed.
5/9/13, 8:51:35 AM: Angela Kovalesky: And not deep, totally superficial
5/9/13, 8:51:40 AM: Angela Kovalesky: Your ring is weird
5/9/13, 8:51:57 AM: Angela Kovalesky: Your bandaids that you give out
while dancing are weird
5/9/13, 8:53:19 AM: Angela Kovalesky: And you treat your parents like shit
5/9/13, 1:09:03 PM: Angela Kovalesky: And you treat me like shit. Had you
given me 1% of the love I've given you over the last 10 days, this would
not be happening.
5/9/13, 1:10:07 PM: Angela Kovalesky: You ask me not to go to parties, you
stand me up, you lie, you won't let me see your dad, you act weird with me
in the hotel, you break a promise to make plans with me before you
leave... You just suck.
5/9/13, 1:10:58 PM: Angela Kovalesky: YOU created this mess but you're
incapable of taking any responsibility for yourself, as always.
5/9/13, 1:11:39 PM: Angela Kovalesky: You want love? Try giving it.
5/9/13, 5:24:32 PM: Samir Tabar: I have tried hard for us
5/9/13, 5:25:21 PM: Samir Tabar: You always abandon me in my hour of need
5/9/13, 5:25:34 PM: Samir Tabar: And you expect for me to be all hunky
dory
5/9/13, 7:53:52 PM: Angela Kovalesky: I'm abandoning you?! You do
everything possible not to see me. Go see your cousin and get it over with
then see me when I have 4 days off. She doesn't work. She can be flexible.
I have a life, and it's not as easy for me. You need to accommodate me
like I accommodate you. I'm sick of loving a ghost, and someone, quite
frankly, who is seemingly only real in my head. I'm not sure what I'm
leaving you in the lurch about, but this "you tell me to jump and I ask
how high" shit is ending. I have no more juice for it.
5/9/13, 7:54:47 PM: Angela Kovalesky: And stop bringing up why this is
happening. You know why.
5/9/13, 8:00:26 PM: Angela Kovalesky: I'm sorry this is happening. It
hurts me too, but I'm sick of you pretending this is just bad luck; you
created this... like a machine.
5/9/13, 8:02:40 PM: Angela Kovalesky: Suck it up. It will be over soon
because of ME. I AM the only one who continually stands by you and
simultaneously gets shit on by you ALL of the time. Why don't you think
about that?
5/9/13, 8:06:22 PM: Angela Kovalesky: And you haven't tried hard for us,
Samir. You try when you need something like comfort, but not more than
that. I am a free spirit, and I deserve to share more than just your
burdens with you. This anger... These words... It's me getting out of the
unfun corner you try to paint me in all of the time so you can go off to
parties and discard me when you feel like it.
5/9/13, 10:17:16 PM: Angela Kovalesky: And I just want to say that I've
tried to foster something good for us. You refuse to make plans with me,
and the one weekend it would be easy for me to get away to accommodate
you, you make plans with someone else! It's too crazy. Don't ever tell me
that you love and care about me. That's not love or caring.
5/9/13, 10:19:49 PM: Angela Kovalesky: I also want you to know that I am
not angry or yelling. I know it's hard to gauge over whatsapp.
5/9/13, 10:31:48 PM: Angela Kovalesky: You really upset me, Samir.
5/9/13, 10:39:11 PM: Angela Kovalesky: I'm sick of the machine that blames
me for everything, nips any fun that could exist between us in the bud and
puts me second to his social life. I am beautiful, fun, funny, creative,
loving, and deserve someone who sees and loves that about me.
5/10/13, 1:30:25 AM: Angela Kovalesky: Anyway, just focus on your
interview. If you have time to Skype, we can do that later. I don't want
back and forth via whatsapp.
Exhibit 3
5/27/13, 7:56:27 PM: Angela Kovalesky: Hi
5/27/13, 7:57:04 PM: Angela Kovalesky: Glad you like Scarlett's nipples.
I'm so glad we are over! You're such a loser.
5/27/13, 7:58:18 PM: Angela Kovalesky: And talk your shit and have people
block me. It makes me laugh that you still have no idea who you're
dealing with.
5/27/13, 7:58:53 PM: Angela Kovalesky: Read everything that I sent you
from yesterday... except the I love you... those days are GONE.
5/27/13, 8:02:27 PM: Angela Kovalesky: Just go share your pathetic,
unsophisticated, "me and my friends try way too hard" life with your bad
attitude and bad self-esteem with someone else - you're a liar, your life
is a lie and your mind is sick
5/27/13, 8:24:15 PM: Angela Kovalesky: This final straw is around
respect. You do not respect me. You have no idea how far you've pushed
me. I am done.
Exhibit 4
From: Angela Kovalesky <[email protected]>
Sent: Monday, May 27, 2013 11:46 AM
To: Sam Tabar
Subject: Re: Hey
No, Sam. I cannot be with someone ­ ever ­ who feels it's ok to like photos of others on Facebook showing their tits... or anyone
who needs to be friends with those sort of people. Go crazy over how I found this out, I just don't care. That's not the heart of the
issue. This was just the straw that broke the camels back. All the stuff I said to you yesterday are true. The things I wrote in the
first email are true. You're just not who I want. I've tried to make you better. The people who surround you are your reflection,
and I just want people who are a lot more sophisticated, intelligent and classy. I don't do smoke and mirrors anymore. I don't do
fake. I don't do feigned affection.
Today, I will be deleting every photo that I have of the two of us together. I have never wiped someone out like this... it's bizarre.
On Mon, May 27, 2013 at 11:36 AM, Sam Tabar <[email protected]> wrote:
I will respect your wishes, but it's probably the coldest and most ill­timed email ever written. It's your loss in ways you don't even
know. On May 27, 2013, at 11:29 PM, Angela Kovalesky <[email protected]> wrote:
Tell me that you understand this email, and promise me that you will leave me alone... even in severe situations like
something has happened to your father. Those things are not for me to worry about and try to help anymore. Do you
understand? We are really over now, ok?
­­­­­­­­­­ Forwarded message ­­­­­­­­­­
From: Angela Kovalesky Date: Monday, May 27, 2013
Subject: Hey
To: Sam Tabar <[email protected]>
I'll try to make this as short as possible.
Whatever is going on between us needs to end. I know that sounds like drama, and I know you suspect that this is
another example of me lashing out, but I'm not. I'm crying a bit as I type this, and I know exactly what I'm doing.
The truth is that the things that I said to you yesterday are true. You are not the person that I thought you were, and I
don't like the person that I've been dealing with since last October. You have not changed one bit, and for all I know,
you're getting worse.
This is not about you and your demons, though that's reason enough for me to walk away. It's about me working on
myself and knowing that I deserve better. I don't like what you do with your life or the people you associate with, and
none of that is going to change. You disrespect me, and I sincerely do not want to bring little people into the world
with someone like that. Your demons become mine, and I don't want yours anymore. I fell in love with you because I
saw a lot of my own dark stuff in you, and the truth is that I've been working on my stuff and it doesn't exist as much
anymore... dealing with you is too much, and I don't know what we are... mostly because we are nothing.
Sam, I don't want us to talk anymore. You bring me down. My life has so many wonderful things going on; by the
end of this year, my salary will have doubled, and I'll be working on a really cool program that will have me in Africa
quite a bit, my website will launch, I'm buying a place down in Miami, I'm creating a home and community with really
lovely people in Williamsburg and Wynwood and I'm ready for the love in my life to keep healing me. I'm open to it.
Anyway, you know that I can't be friends with you. I don't want to see you when you get to NYC, and I don't want
to know when you're here and when you leave. If your lawyer needs something, have him contact me. I'm ­ as
always ­ willing to help in anyway that I can legally. I cannot be your friend through this though. Hopefully you can
continue to talk to your brother, and if not, it will be over soon anyway. I am very happy this is coming to an end for
you so that you can move on as well.
Please stay out of my life. This is hard, and I don't want this anymore. If I get anything negative from you via
whatsapp, I will need to block you. I hope that you understand.
Angela
Exhibit 5
From: Angela Kovalesky <[email protected]>
Sent: Monday, May 27, 2013 11:55 AM
To: Sam Tabar
Subject: Re: Hey
A grown woman putting a photo of her tits, someone who was your brother's slut and probably yours now, is not someone I want
to associate with. I know that you don't see anything wrong with it, and I guess I didn't too until I got healthy. Healthy people do
not do that kind of stuff. People with self­confidence, people who need attention and people who are lonely reach out in those
ways... and again I don't want that in my life. I am too good for that kind of energy, and I don't want my partner to deal in that
either... so it's not really silly. The people you choose to associate with and the behavior your encourage is not silly. That's what
you devoted your energy to, and it's pathetic. And I'm sorry to say it, but all of the people in your life are pathetic, it's just true.
On Mon, May 27, 2013 at 11:49 AM, Sam Tabar <[email protected]> wrote:
You sure are putting a lot of emphasis on things I find silly and trivial Angela. If you want to this just as things are turning a comer in
terms of a real situation, it's your call. Goodnight. On May 27, 2013, at 11:45 PM, Angela Kovalesky <[email protected]> wrote:
No, Sam. I cannot be with someone ­ ever ­ who feels it's ok to like photos of others on Facebook showing their
tits... or anyone who needs to be friends with those sort of people. Go crazy over how I found this out, I just don't
care. That's not the heart of the issue. This was just the straw that broke the camels back. All the stuff I said to you
yesterday are true. The things I wrote in the first email are true. You're just not who I want. I've tried to make you
better. The people who surround you are your reflection, and I just want people who are a lot more sophisticated,
intelligent and classy. I don't do smoke and mirrors anymore. I don't do fake. I don't do feigned affection.
Today, I will be deleting every photo that I have of the two of us together. I have never wiped someone out like this...
it's bizarre.
On Mon, May 27, 2013 at 11:36 AM, Sam Tabar <[email protected]> wrote:
I will respect your wishes, but it's probably the coldest and most ill­timed email ever written. It's your loss in ways
you don't even know. On May 27, 2013, at 11:29 PM, Angela Kovalesky <[email protected]> wrote:
Tell me that you understand this email, and promise me that you will leave me alone... even in severe
situations like something has happened to your father. Those things are not for me to worry about and
try to help anymore. Do you understand? We are really over now, ok?
­­­­­­­­­­ Forwarded message ­­­­­­­­­­
From: Angela Kovalesky Date: Monday, May 27, 2013
Subject: Hey
To: Sam Tabar <[email protected]>
I'll try to make this as short as possible.
Whatever is going on between us needs to end. I know that sounds like drama, and I know you suspect
that this is another example of me lashing out, but I'm not. I'm crying a bit as I type this, and I know
exactly what I'm doing.
The truth is that the things that I said to you yesterday are true. You are not the person that I thought
you were, and I don't like the person that I've been dealing with since last October. You have not
changed one bit, and for all I know, you're getting worse.
This is not about you and your demons, though that's reason enough for me to walk away. It's about me
working on myself and knowing that I deserve better. I don't like what you do with your life or the
people you associate with, and none of that is going to change. You disrespect me, and I sincerely do
not want to bring little people into the world with someone like that. Your demons become mine, and I
don't want yours anymore. I fell in love with you because I saw a lot of my own dark stuff in you, and
the truth is that I've been working on my stuff and it doesn't exist as much anymore... dealing with you is
too much, and I don't know what we are... mostly because we are nothing.
Sam, I don't want us to talk anymore. You bring me down. My life has so many wonderful things going
on; by the end of this year, my salary will have doubled, and I'll be working on a really cool program
that will have me in Africa quite a bit, my website will launch, I'm buying a place down in Miami, I'm
creating a home and community with really lovely people in Williamsburg and Wynwood and I'm ready
for the love in my life to keep healing me. I'm open to it.
Anyway, you know that I can't be friends with you. I don't want to see you when you get to NYC, and
I don't want to know when you're here and when you leave. If your lawyer needs something, have him
contact me. I'm ­ as always ­ willing to help in anyway that I can legally. I cannot be your friend through
this though. Hopefully you can continue to talk to your brother, and if not, it will be over soon anyway. I
am very happy this is coming to an end for you so that you can move on as well.
Please stay out of my life. This is hard, and I don't want this anymore. If I get anything negative from you
via whatsapp, I will need to block you. I hope that you understand.
Angela
Exhibit 6
From: Angela Kovalesky <[email protected]>
Sent: Monday, May 27, 2013 2:30 PM
To: Sam Tabar
Subject: Re: PS ‐ Instant Crush
An apology? Are you kidding? You are friends with Scarlett. I do not want to be around anyone like you/her. You liked a photo
of her showing her tits to the world. I choose not to be with a low life who spends time liking and looking at that common filth, and
I choose not to be with someone who wastes any energy supporting people with such low self­esteem and ridiculous behavior.
Those two things are truths, and I don't owe you an apology. You owe me an apology for wasting my time, and you owe yourself
an apology for pretending to be better than common trash all of the time. It's boring, and I don't waste time on the things you find
to be worthy of your time as a 41 year old. That's just me. I'm not apologizing. Enjoy your tramps!
On Mon, May 27, 2013 at 1:35 PM, Sam Tabar <[email protected]> wrote:
God do you ever owe me am apology for bring so off
On May 28, 2013, at 12:01 AM, Angela Kovalesky <[email protected]> wrote:
> I think it's about a person who chooses #2 because #1 was too hard and he is regretful that he didn't stay and fight... so now
he's stuck with the easy one, the #2, but can't get over #1...
>
> Good luck with your #2. I hope you get healthy, but I've given up on seeing it, and I'm sick of living on your level. I know that's
hard to hear, but get better, Sam. For your sake. Life is too good for the way that you choose to live... and you're 41.
Exhibit 7
Exhibit 8
From: Angela Kovalesky <[email protected]>
Sent: Monday, May 27, 2013 4:19 PM
To: Sam Tabar
Subject: I just saw more stuff...
Sam, you are such a loser. I cannot believe that I wasted 2­1/2 years on you. There is nothing in your world that I envy or want.
Jesus, you are most definitely pathetic.
Scarlett is a common tramp. She has bad self­esteem and a pathetically lonely person.
Emilie has the ugliest nose and hands that I've ever seen in my life. That you even like any of her ohotos shows how your taste has
most definitely fallen to new lows.
Jessica looks mousey. Her lingerie is ugly too.
Celeste is a troll. Anyone doing what she does at her age is a loser.
Kimberly is a fat slob. That you even like looking at naked photos of her shows how gross you are.
These are the people you choose to hang out with, give your time and associate with. You mirror these people. I have never been
so turned off in my life by someone that I used to love. You disgust me. You are a 41 year old loser. I wouldn't hire you either...
you know, people do look at Facebook stuff. Grow up, get a life and get some class. You are a disgusting old man; you realize the
median age that you hang out with is like 29, right? You are disgusting.
Exhibit 9
From: Angela Kovalesky <[email protected]>
Sent: Monday, May 27, 2013 8:09 PM
To: [email protected]
Subject: Reminder
You are such a loser. I cannot believe how much you fooled me, but I'm super happy your poison no longer exists in my life.
Everyone who truly knows you despises you. You are a fake and a con. Your soul is dark and ugly... just like the whores in your
pathe c life. Can you believe you are in your 40s hanging out with sluts in their 20s? Loser.
Now, I'm done and feel be er that you know how I truly feel about you. And I'm happy that I now see the real you.
Sent from my iPhone
Exhibit 10
From: Angela Kovalesky <[email protected]>
Sent: Tuesday, May 28, 2013 4:31 AM
To: Asshole
And why would common, trampy Scarle block someone like me on Facebook unless you said something to her? You be er
watch your fucking self, asshole. That I am very fucking serious about. I'm not like your other exes. You talk shit about me, and I
will fucking bring it to you like no one else. I could care less about you and your nobodies, so watch it. I am not protec ng us
anymore, so you have nothing to worry about. I will launch no preemp ve strike, but I will always protect myself... Know that.
Sent from my iPhone
Exhibit 11
From: Angela Kovalesky <[email protected]>
Sent: Wednesday, May 29, 2013 8:13 AM
To: Sam Tabar
Subject: Jeremy
He will be emailing you today to talk about the confidentiality agreement. I want him to add something stating that if you talk about
me to others, about this situation or anything else in a derogatory way, I will have just cause to bring you to court.
And let me break it down for you more...
You have no right to lie to others about me forcing them to block me on Facebook. The only person that would have done that is
you, which means you are assaulting my person and my reputation because of the domestic violence that occurred fin February.
I will be allowed to take you to court if I sense this is continuing. I will subpoena Scarlett and anyone else necessary.
Thanks for your cooperation. I'm looking forward to this being over. This is the paperwork I was telling Karim about, so just take
care of it in advance of your court date please.
Angela
Exhibit 12
From: Angela Kovalesky <[email protected]>
Sent: Tuesday, May 28, 2013 3:46 AM
To: Sam Tabar
Subject: Re:
Where are you going?
Sent from my iPhone
On May 28, 2013, at 3:37 AM, Sam Tabar <[email protected]> wrote:
> Angela do not play with fire. This is my life and has real life me ramifica ons. You cannot go there. You commited to me that
you would. You promised.
>
> I am leaving on a flight soon. I am now in nervous convulsions because you are fucking with me in this. This is major and has
life ramifica ons Angela. Do not do this at this last minute. I know you were going to for this. Do not make my nightmares come
true.
From: Angela Kovalesky <[email protected]>
Sent: Tuesday, May 28, 2013 3:48 AM
To: Sam Tabar
Subject: Re:
And don't lie to me. I'll find out the truth.
Sent from my iPhone
On May 28, 2013, at 3:37 AM, Sam Tabar <[email protected]> wrote:
> Angela do not play with fire. This is my life and has real life me ramifica ons. You cannot go there. You commited to me that
you would. You promised.
>
> I am leaving on a flight soon. I am now in nervous convulsions because you are fucking with me in this. This is major and has
life ramifica ons Angela. Do not do this at this last minute. I know you were going to for this. Do not make my nightmares come
true.
From: Angela Kovalesky <[email protected]>
Sent: Tuesday, May 28, 2013 3:52 AM
To: Sam Tabar
Subject: Re:
You should really fucking answer me. And with the fucking truth.
Sent from my iPhone
On May 28, 2013, at 3:37 AM, Sam Tabar <[email protected]> wrote:
> Angela do not play with fire. This is my life and has real life me ramifica ons. You cannot go there. You commited to me that
you would. You promised.
>
> I am leaving on a flight soon. I am now in nervous convulsions because you are fucking with me in this. This is major and has
life ramifica ons Angela. Do not do this at this last minute. I know you were going to for this. Do not make my nightmares come
true.
From: Angela Kovalesky <[email protected]>
Sent: Tuesday, May 28, 2013 3:57 AM
To: Sam Tabar
Subject: Re:
lol, you're fucking with me again, aren't you?! You never learn, do you?
Sent from my iPhone
On May 28, 2013, at 3:37 AM, Sam Tabar <[email protected]> wrote:
> Angela do not play with fire. This is my life and has real life me ramifica ons. You cannot go there. You commited to me that
you would. You promised.
>
> I am leaving on a flight soon. I am now in nervous convulsions because you are fucking with me in this. This is major and has
life ramifica ons Angela. Do not do this at this last minute. I know you were going to for this. Do not make my nightmares come
true.
Exhibit 13
Exhibit 14
Exhibit 15