Greene v. Paramount Pictures Corporation et al

Filing 2

Supplemental COMPLAINT , filed by Andrew Greene. (Attachments: # 1 Civil Cover Sheet) (Goldsmith, Aaron)

LINITED STATES DISTRICT COURT

:i:.11Y:::::i:T_',Y::Y

.._....x

Docket No.:

ANDREW GREENE.

COMPLAINT
Plaintiff.
-against-

PARAMOLINT PICTURES CORPORATION, a Delaware
corporation, RED GRANITE PICTURES, fNC., a California
corporation, APPIAN WAY, LLC., a California limited
liability company, SIKELIA PRODUCTIONS, INC., a
Delaware corporation, and JOHN AND JANE DOES 1
THROUGH

JURY TRIAL
DEMANDED

10

___

3:*ndant(s)'

----x

Plaintiff, ANDREW GREENE, by his atrorneys, STEPHANIE ovADIA, ESe., and

AARON M. GOLDSMITH, ESQ.,

as and

for his Complaint against the Defendants herein,

hereby alleges as follows:

Nlrunp on rnp Acrrox

1.

This action seeks to recover money due to the Defendants' illegal/improper use of

Plaintiffs likeness for commercial purposes. This matter arises out of the fictionalized"
representation of Plaintiff (hereinafter referred to as

"Plaintiff' andlor "Mr. Greene,") in

the

motion picture entitled "The Wolf of Wall Street" (hereinafter referred to as the "motion
picture"). Mr. Greene is an inactive member of the State Bar of California and at one-time, the
Head

of

STRATTON OAKMONT,

NC.'s

Corporate Finance Department. STRATTON

OAKMONT, INC. (hereinafter referred to as "stratton Oakmont"), was an "over-the-counter"
securities brokerage firm, based out of Lake Success, NY, operating in the 1980s through the

mid-1990s. Defendant is a highly recognized film production and distribution studio that

recently produced a

film about

Stratton Oakmont's founder, JORDAN BELFORT, and his

personal exploits. In the Defendant's motion picture, Mr. Greene is portrayed as, inter alia, a

criminal, a drug user, and a degenerate. Mr. Greene is portrayed participating in activities that
are improper, unprofessional and unethical. The motion picture's scenes concerning

Mr.

Greene

were false, defamatory, and fundamentally injurious to Mr. Greene's professional reputation both
as an attorney and as an investment banker

Additionally, Defendants are

/ venture capitalist as well as his personal reputation.

in violation of New York Civil

Rights Law

$ 50 and

51.

Defendants failed to secure the written and/or oral permission of Mr. Greene to include his

identity, likeness, visage, persona or other qualities in the motion picture prior to its public
release on or about December, 2013.

Panrrcs

2.

Plaintiff, ANDREW GREENE is a resident of the State of New York, County of

Suffolk, residing in Huntington Station, New York, within the Eastern District of New York.

Mr. Greene is an inactive member of the State Bar of Califomia and is currently
admission before the Courts of the State of New

pending

York. Mr. Greene has resided within this

District contiguously since on or about 1993.

3.

Upon information and belief, Defendant, PARAMOTINT

PICTURES

CORPORATION (hereinafter "PARAMOLINT"), was and still is a Delaware corporation with
its principal office in Los Angeles, County of Los Angeles, CA, within the Southern District

of

California.

4.
engaged

Upon information and belief, Defendant, PARAMOLINT, was, and still is,

in the business of

motion pictures.

producing, developing, distributing, licensing, andlor financing

5.

Upon information and belief, Defendant, RED GRANITE PICTURES, INC.

(hereinafter "RED GRANITE"), was and still is a Califomia corporation with its principal office

in Los Angeles, County of Los Angeles, CA, within the Southern District of California.

6.
engaged

Upon information and belief, Defendant, RED GRANITE, was, and still is,

in the business of producing,

developing, distributing, licensing, atd/or financing

motion pictures.

7.

Upon information and belief, APPIAN WAY, LLC. (hereinafter "APPIAN

WAY") was and still is a Califomia limited liability company with its principal office in Los
Angeles, County of Los Angeles, CA, within the Southem District of California.

8.

Upon information and belief, Defendant, APPIAN WAY, was, and still is,

engaged in the business of producing, developing, andlor financing motion pictures.

9,

Upon information and belief, SIKELIA PRODUCTIONS, INC. (hereinafter

"SIKELIA") was and still is a Delaware corporation with its principal office in Los Angeles,
county of Los Angeles, cA, within the Southern District of california.

10.

Upon information and belief, Defendant, SIKELIA, was, and still is, engaged in

the business of producing, developing, and/or financing motion pictures.

11.

Defendants JOHN

AND JANE DOES 1 THROUGH 10 are individuals,

partnerships or corporations whose existence Plaintiff asserts on information and belief but whose

exact identity he has been unable to discover. JOHN AND JANE DOES 1 THROUGH 10 are
engaged

in preparation, pubiication and wide- spread release, distribution, and showing, within

New York State and elsewhere, of the motion picture entitled "The Wolf of Wall Street" and
advertisement for said motion picture.

JuRrsorcrroN ANo VnNun

12.

This Court has jurisdiction over the subject matter of this action pursuant to 28

U.S.C. $ 1332 because the amount in controversy exceeds $75,000, exclusive of interests and
costs, and complete diversity of citizenship exists among the parties.

13.

Venue is proper in this Court pursuant to 28 U.S.C.

$

1391(bX2) because a

substantial part of the events or omission giving rise to Plaintiff s claim occurred inthis District,

including but not limited to, upon information and belief the filming/production of a number of
scenes of the motion picture

14.

within the Eastern District of New york.

As stated above, Plaintiff has contiguously resided in the Eastern District of New

York since on or about 1993.
ALLEGATToNS

15.

couuoN ro Ar,l cr,,ulus

,tNo ron a Fmsr

clusn or,AcrroN

Upon information and belief, Defendants, PARAMOLINT, RED GRANITE,

APPIAN WAY, and SIKELIA produced, developed, distributed, licensed,

and,lor financed the

motion picture entitled "The Wolf of Wall Street." The motion picture is about Jordan Belfort, a

founder of the brokerage firm Stratton Oakmont, who was indicted on securities fraud and
money laundering charges in 1998.

16.

The motion picture is based on a 2007 memoir written by Jordan Belfort and

published by Bantam Books that is also entitled "The

17.

wolf of wall street".

Upon information and belief, Jordan Belfort's 2007 memoir entitled "The Wolf of

Wall Street" (hereinafter the "memoir") purports to be a true story.

18. At all times relevant
Corporate Finance Department.

hereto, Mr. Greene was the Head

Mr.

Greene also served

of Stratton

Oakmont's

on Stratton Oakmont's Board of

Directors. He was associated with the brokerage firm from 1993 until his resignation in 1996.

19.

In the memoir, Mr. Greene is referred to by his legal full name, Andrew Todd

Greene, the shortened name, Andy Greene or Andy, and the nickname "Wigwam." (See annexed

description from the memoir.)

20. In the motion picture, Mr. Greene's

likeness, image, and characterization is

portrayed through the character Nicky "Rugrat" Koskoff (hereinafter "Rugrat").

21.

Mr. Greene's identity is readily apparent in the motion picture.

22.

The character "Rugrat" is depicted as one of Jordan Belfort's close friends that

was "the smartest of the bunch" and "actually went to law school."

23.

Mr. Greene was a childhood friend of Jordan Belfort.

24.

Mr. Greene attended law school at Califomia Westem in

January 1990. Plaintiff

San Diego

from 1986 to

is an inactive member of the State Bar of Califomia. Additionally,

Plaintiff has recently sat for and passed the New York State Bar Examination.

25.

Upon information and belief, the character "Rugrat" is portrayed as being in a

significant leadership position at Stratton Oakmont upon Jordan Beflort's resignation from the
corporation.

26.

Mr. Greene served on Stratton Oakmont's Board of Directors and as the Head of

Stratton Oakmont's Corporate Finance Department. Plaintiff was in significant leadership roles

after Jordan Belfort's resignation from Stratton Oakmont until Plaintiffs own resignation in
1996.

27.

At all times relevant hereto, Plaintiff frequently wore a toup6e.

28.

In multiple

mocked

scenes

in the movie, "Rugrat's" use of a toupde is accentuated

in an egregiously offensive manner. The motion

and

picture introduces "Rugrat" by

referencing his "piece of shit hairpiece." In another scene, investigators ask whether his hair is
real. Characters are also seen attempting to grab the toup6e in a scene'

29.

Upon information and belief, in another scene, the character "Donnie Azoff' says

"Fucking Rugrat that wig-wearing faggot

I

can't believe that fucking guy. I want to kill him."

Jordan Belfort's character then says, "Swear to God, I want to choke him to death. Irresponsible

little prick."

30.

The motion picture contains various scenes wherein Mr. Greene's character is

portrayed as a criminal, drug user, degenerate, depraved, andlor devoid of any morality or ethics.

In one scene, Mr. Greene's character is depicted shaving a woman's head after Jordan Belfort's
character states the woman was offered ten-thousand dollars. In a voice-over, Jordan Belfort's

character states Plaintiffs character was arrested

in Miami along with a Swiss banker who

plaintiff supposedly knew from law school, which precipitated Jordan Belfort's arrest. Another
voice-over claims Mr. Greene's character set up a meeting with that Swiss banker that could
launder money. Mr. Greene's character is later seen accompanying Jordan Belfort to a meeting in

Switzerland for the purposes

of

laundering money.

Mr. Greene's character is shown doing

cocaine on company premises during business hours

in another

scene. The motion picture

included other scenes depicting Mr. Greene's character in a reckless and depraved manner,
including more than one scene wherein his character is depicted having sexual relations with

a

prostitute.

31.

On December 25,2013, and thereafter, Defendants, themselves and through their

agents, and others, have knowingly caused the preparation, publication and wide-spread release

and showing within New York state and elsewhere of the motion picture "The Wolf of Wall
Street," that include Mr. Greene's image, likeness, and characterization in this motion picfure.

32.

"The Wolf of Wall Street" has appeared and, upon information and beliel is -still

appearing in various movie theaters within and outside the United States since December 25-

2013.

33.

Upon information and belief, "The Wolf of Wall Street" will be distributed world-

wide via DVD, Blu-ray, and various other mediums.

34.

Appearance of Mr. Greene's image, likeness, and characterization in the motion

picture causes Mr. Greene to be identified in connection with Defendants' motion picture.

35.

Mr. Greene has not given his consent to, or in any way authorized the use of his

image, likeness, and characterizationin this motion picture.

36.

Defendants took Mr. Greene's image, likeness, and charactertzation and used in

this motion picture without Plaintiff s consent and authorization.

37.

Defendants JOHN AND JANE DOES

1 THROUGH 10, have

knowingly

participated, aided, and conspired with Defendants, PARAMOLTNT, RED GRANITE, AppIAN

WAY, and SIKELIA to violate Plaintiff

38.
purposes

Greene

s

right to privacy.

The use by Defendants of Plaintiffs personality for advertising purposes and for

of trade and commercial benefits was without the consent, written or oral, of Mr.

or anyone authorized by him to give such consent, was entirely unauthorized,

and

constitutes a violation of Section 50 of the Civil Rights Law of the State of New York.

39. A1l or

substantial portions

of the preparation,

publication, filming, and

distribution of the motion picture occurred within New York state, as well as other states.

40.

Defendants have acted knowingly, willfully, recklessly and in bad faith.

4I.

Defendants, and their agents, have committed tortuous acts within the State of

New York, which are causing injury to Mr. Greene.

42.

The other Defendant(s) have knowingly participated, aided, and conspired with

Defendants, PARAMOLINT, RED GRANITE, APPIAN WAY, and SIKELIA to violate

plaintiffs

right of privacy.

43.

By reason of the foregoing and pursuant to Section 51 of the Civil Rights Law of

the State of New York, Plaintiff demands that (a) an injunction enjoining defendants from any
further unauthorized reproduction, publication, distribution, or other use or exploitation of the
advefiisement and

of any other advertisement

containing Plaintiff

s

image, likeness,

characterization, (b) an injunction directing defendants to recall, assemble, and turn over to

Plaintiff all copies of the advertisement and of any other advertisement containing Plaintiff

s

image, likeness, or characteization, including all prints, negatives, and other paraphemalia from

which advertisement or any portion thereof that includes a PlaintifPs image, likeness, or
characteization be produced; and (c) the Defendants are fuither jointly and severally liable to

Plaintiff for compensatory and exemplary damages.
As lNo ron a SrcoNo Causp or AcrroN

44.

Plaintiff repeats paragraphs

45.

On December 25,2013, and thereafter, Defendants, themselves and through their

1

through 36.

agents, and others, have knowingly caused the preparation, publication and wide-spread release

and showing within New York state and elsewhere of the motion picture "The Wolf of Wall
Street," that include Plaintiff s image, likeness, and characterization in this motion picture.

46.

The motion picture entitled "The Wolf of Wall Street" has appeared in theaters

and in other media and is appearing in various movie theaters inside and outside the United
States since December 25. 2013.

47.

Appearance of Mr. Greene's image, likeness, and characterization in the motion

picture "The Wolf

of Wall Street" causes Mr.

Greene

to be identified in connection with

Defendants' motion picture.

48.

Mr.

Greene has not given his consent to, or

in any way authorized the use of his

image, likeness, and characterization in this motion picture.

49.

The Defendants took Mr. Greene's image, likeness, and characterization and used

in this motion picture without his consent and authorizatron.

50.

Substantial portions of the preparation, publication, and distribution of the motion

picture, "The Wolf of Wall Stteet" occurred within New York State.

51.

The Defendants. by knowingly using a likeness of Mr. Greene for advertising

purposes, and for purposes of trade and commercial benefits was without the consent, written or

oral, of Plaintiff or anyone authorized by him to give such consent, was entirely unauthorized,
and constitutes a violation of

52.

Plaintiff s right to privacy.

The other Defendant(s) have knowingly participated, aided, and conspired with

Defendants, PARAMOLTNT, RED GRANITE, APPIAN WAY,

ffid SIKELIA, to violate Mr.

Greene's right to privacy.

53.

By reason of the foregoing, Plaintiff is entitled to: (a) an injunction enjoining

Defendants from any further unauthorized reproduction, publication, distribution, or other use or

exploitation of these advertisements, and of any other advertisement containing a likeness of

Plaintiff in manner; (b) an injunction directing Defendants to recall, assemble, and tum over to
Plaintiff ail copies of the advertisements, and of any other advertisement containing a likeness of

Plaintiff

in

any manner, and all prints, negatives and other paraphernalia from which any

adverlisement or any portion thereof that includes a likeness of Plaintiff in any manner can be

produced. Defendants are further jointly and severally liable to Plaintiff for compensatory and
exemplary damages.

As nNn nona Tgmn Causn or Acrrou

54.

The Plaintiff repeats paragraphs 1 through 47.

55.

By participating in the unauthorized preparation, publication, and widespread

distribution

of the motion

contains

the likeness of Plaintiffs image, likeness,

and

characterization, the defendants have consciously and deliberately disregarded and violated

Plaintiff s coflrmon law propriety right to exclusive control of the commercial use of his image,
likeness, and characterization. Defendants' violations

of Plaintiffs common law rights

are

ongoing, are causing and threaten to cause immediate and irreparable injury to Plaintiff, and
cannot be adequately compensated for by monetary damages. The Plaintiff has no adequate
remedy at law.

56.

By reason of the foregoing, Plaintiff is entitled to: (a) an injunction enjoining

Defendants from any further reproduction, publication, distribution, or other use or exploitation

of the motion picture entitled "The Wolf of Wall Street" and advertisement containing a likeness

of Plaintiff, (b) an injunction directing defendants to recall, assemble, and tum over to Plaintiff

all copies of the motion picture entitled "The Wolf of Wall Street" and of any advertisement
containing

a

likeness

of Plaintiff in any manner, all prints,

plates, negatives, and other

photographic paraphernalia from which advertisement or any portion thereof that includes a

likeness

of the Plaintiff be produced; and an Order

granting Plaintiff compensatory and

exemplary damages from Defendants, jointly and severally.

FOR A FOURTH CAUSE OF ACTION

57.

Plaintiff repeats paragraphs

1 through 56.

10

By reason of the foregoing, Defendants' malicious and willful defamatory published
statements have damaged the Plaintiff and are actionable for damages under New

58.

york law.

The aforementioned statements contained in the motion picture were widely

published, within the United States and outside the country, as part of the motion picture and not

privileged in any manner.

59.

The aforementioned statements arc libelous per sa because they involve the

commission of crimes and/or tend to injure Plaintiff in his trade as a legal and financial service
professional. The outrageous and depraved sexual and drug activities would be offensive to any
colnmon person and are necessarily injurious to the reputation of Plaintiff.

60.

The Defendants acted with malice or acted with reckless disregard as to the truth

or falsity of the statements.
61

.

By reason of the foregoing, the statements contained in "The Wolf of Wall Street"

have permanently damaged Plaintiff, to those who have watched the motion picture as a criminal

and drug user with misogynistic tendencies. Mr. Greene is portrayed as an individual with no

moral or ethical values, which is injurious to him in his trade, business, or profession. Mr.
Greene
likeness

will

be permanently linked to the crimes and loathsome behavior portrayed by his

in the motion picture, despite never having been interviewed, questioned,

charged,

imprisoned, or even arrested for the illicit and despicable behavior shown in the motion picture.

FOR A FIFTH CAUSE OF ACTION

62.

Plaintiff repeats paragraphs

1

through 61.

By reason of the foregoing, Defendants' malicious and willful defamatory published
statements have damaged the Plaintiff and are actionable for damages under New York law.

l1

64.

The aforementioned statements are libelous per se because they involve the

commission of crimes and/or tend to injure Plaintiff in his trade as a legal and financial service
professional. The outrageous and depraved sexual and drug activities would be offensive to any
common person and are necessarily injurious to the reputation of Plaintiff.

65.

The Defendants acted negligently as to the truth or falsity of the statements.

66.

By reason of the foregoing, the statements contained in "The Wolf of Wall Street"

have permanently damaged Plaintiff, to those who have watched the motion picture as a criminal

and drug user with misogynistic tendencies. Mr. Greene is portrayed as an individual with no

moral or ethical values, which is injurious to him in his trade, business, or profession. Mr.
Greene

will be permanently linked to the crimes and loathsome

likeness

behavior portrayed by his

in the motion picture, despite never having been interviewed, questioned, charged,

imprisoned, or even arrested for the

illicit

and despicable behavior shown in the motion picture.

JURY DEMAND

67.

Pursuant to Federal Rule of

Civil Procedure 38(b), Plaintiff ANDREW GREENE

demands atrialbyjury.

WHEREFORE, Plaintiff ANDREW GREENE demands judgment against the
Dcfendants PARAMOLINT PICTURES CORPORATION, RED GRANITE PICTURES, INC.,

APPIAN wAY, LLC., SIKELIA PRODUCTIONS, INC. and JOHN AND JANE DOES
THROUGH

I.

10,

1

jointly and severally for:

A

permanent injunction, Pursuant

to Rule 65 of the Federal Rules of Civil

Procedure, enjoining Defendants, and each of them, their respective officers, agents, servants,

employees and attomeys, and

all other persons in concert or participation with them, from

reproduction publishing, distributing, or otherwise using or exploiting the motion picture entitled

12

"The Wolf of Wall Street" or any advertisement containing the Plaintiff s image, likeness, or
characterization.

2.

An injunction, pursuant to Rule 65 of the Federal Rules of Civil

Procedure,

directing Defendants to recall, assemble, and turn over to Plaintiff all copies of the motion
picture entitled "The Wolf of Wall Street" and any advertisement containing Plaintiff s image,
likeness, or characterization, including all prints, negatives, and other paraphernalia that includes

Plaintiff s image, likeness, or characterizationbe produced;

3.

An injunction, Pursuant to Rule 65 of the Federal Rules of Civil Procedure,

enjoining Defendants preliminarily and permanently from reproducing, publishing, distributing,

or

otherwise using

or exploiting the motion entitled "The Wolf of Wall Street" or

any

advertisement containing a likeness of Plaintiff;

4.

An injunction, Pursuant to Rule 65 of the Federal Rules of Civil Procedure,

directing Defendants to recall, assemble, and tum over to Plaintiff all copies of the motion
picture "The Wolf of Wall Street" and any advertisement containing a likeness of Plaintiff, and

all prints, plates, negatives and other photographic paraphernalia from which the motion picture
"The Wolf of Wall Street" or any portion thereof which includes a likeness of Plaintiff can be
produced;

5.

An Order requiring Defendants to account to Plaintiffs for all proceeds derived

from their wrongful conduct;

6.

An amount to be determined at trial, but in excess of TWENTY-FIVE MILLION

($25,000,000.00) US DOLLARS awarded against
compensatory damages;

13

all

Defendants,

jointly and severally for

7.

An amount to be determined at trial, but in excess of TWENTY-FIVE MILLION

(25,000,000.00) US DOLLARS, awarded against

all

Defendants,

jointly and severally for

exemplary damages.

8.

An award against Defendants, jointly and severally, for the interest, the costs and

disbursements, and attorneys' fees of this action, and such other and further relief, as the Court

may seem just and proper.

Dated:

New York, New York
February 18,2014

LDSM
Attorneyfor Pluintiff
225 Broadway, Suite 715
New York, NY 10007
Telephone: (91a) 588-2679

G. OVADIA, ESQ.
Attorneyfor Plaintiff
6800 Jericho Turnpike, Suite 120w
Syosset, NY 11791
Telephone: [phone]
[e-mail]

TO:
PARAMOUNT PICTURES CORPORATION
2Tll Centerville Rd., Suite 400
Wilmington, DE 19808
RED GRANITE PICTURES, INC.
c/o CT Corporate System
818 West Seventh St.
Los Angeles, CA 90017

SIKELIA PRODUCTIONS

27ll

Centerville Rd., Suite 400
Wilmington, DE 19808
APPTAN WAY PRODUCTIONS, LLC
Attn.: Linda Rubin, Service Agent
2161 Mandeville Canyon Rd.
Los Angeles, CA 90049

14

LINITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

------------x

Docket No.:

ANDREW GREENE,
PROPOSED
ORDER

Plaintiff.
-against-

PARAMOLINT PICTURES CORPORATION, a Delaware
corporation, RED GRANITE PICTURES,INC., a Califomia
corporation, JOHN AND JANE DOES 1 THROUGH 10

:_::i:i"'(*
Upon the ex parte application

______x

of Plaintiff ANDREW GREENE, for an Order

ENJOINING Defendants from to recall, assemble, and tum over to Plaintiff all copies of the

motion picture "The Wolf of Wall Street" and any advertisement containing a likeness of
plaintiff, and all prints, plates, negatives and other photographic paraphernalia from which the
motion picture "The Wolf of Wall Street" or any portion thereof which includes a likeness of

Plaintiff can be produced; and ENJOINING Defendants, ffid each of them, their respective
officers, agents, servants, employees and attomeys, and

all

other persons

in

concert or

participation with them, are enjoined from reproduction publishing, distributing, or otherwise
using or exploiting the motion picture entitled "The Wolf of Wall Street" or any advertisement
containing the plaintiff s image, likeness, or characterization;

IT IS HEREBY ORDERED,
LET the Defendants, or their attorneys, show cause at the Federal District Court, Eastern
District of New York, Central Islip Courthouse, Room

_,

Hon.

, USDJ, presiding, to be held at the Courthouse hereof, on the

day of February, 2014.

15

WHY AN ORDER should not be made and entered herein pursuant to Rule 65 of the Federal
Rules of

Civil Procedure, for an Injunction

1.

as set forth below,

ordering that:

Defendants shall recall, assemble, and turn over to ptaintiff all copies
of the motion picfure "The Wolf of Wall Street,, and any
advertisement containing a likeness of Plaintiff, and all prints, plates,
negatives and other photographic paraphernalia from which the

motion picture "The wolf of watt street" or any portion thereof
which includes a likeness of Plaintiffcan be produced; and
2.

Defendants, and each of them, their respective officers, agents,
servants, employees and attorneys, and all other persons in concert or
participation with them, are enjoined from reproduction publishing,
distributingr or otherwise using or exploiting the motion picture
entitled "The wolf of wall Street" or any advertisement containing
the Plaintiff s image, likeness, or characterization;

a

And for such other and further relief as this court deems just and proper.

1

SUFFICIENT REASON THEREFORE APPEARING,

ORDER, together

with

supporting papers upon which

let service of a copy of this

it is granted, upon Defendant

PAIL\MOUNT, at its address of record, by ovemight mail on or before the

_

day of

February, 20T4, be deemed good and sufficient service.

Dated:

New York, New York
February _,2014
SO ORDERED

HONORABLE
TINITED STATES DISTRICT COURT JUDGE

t6