Professional Documents
Culture Documents
Nature of The Action
Nature of The Action
Defendant.
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Plaintiffs, Sidney Price and Richard Price (collectively, “Plaintiffs”), by and through their
1. This is an action for damages incurred by the unlawful acts of Paramount, arising
under contract and tort law, during the course of its filming of the upcoming television series
2. This Court has jurisdiction pursuant to 28 U.S.C. § 1332 because the parties are
diverse and the amount in controversy exceeds $75,000, exclusive of interest and costs.
THE PARTIES
4. Plaintiff Sidney Price, age 92, is an attorney and CPA residing at 729 Sherwood
Street, Valley Stream, New York 11581 (the “Residence”). He is a World War II veteran who
flew forty-four combat missions as a Tail Gunner on a B-24 against Japan over the South Pacific.
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5. Plaintiff Richard Price is a CPA residing at 930 Jewel Drive, Valley Stream, New
York 11581. Richard Price is the son of Sidney Price. Richard and Sidney Price own Price &
Co., an accounting, auditing, consulting, and tax firm, which maintains its office on the basement
level of the Residence. Price & Co. maintains a website at www.price-co.com. Richard Price
also runs a memorabilia business headquartered at the Residence and he stores its merchandise
FACTUAL ALLEGATIONS
7. In June 2017, a flyer was left at the Residence, stating that Paramount Pictures was
scouting locations for an upcoming Netflix series entitled “Maniac” that would be starring Emma
8. Richard Price responded to the flyer, notifying Paramount that Sidney Price was
the Residence, approximately three times. These persons took numerous photographs of the
Residence.
10. On or about September 11, 2017, Sidney Price (the “Licensor”) entered into a
contract with Paramount (the “Company”), effective September 11, 2017 (“Location
Agreement”), permitting Paramount certain filming rights regarding Maniac. A copy of the
11. Paragraph 1 of the Location Agreement granted Paramount the right “to enter and
use only the first floor” of the Residence. It stated in relevant part as follows:
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12. The Term of the Location Agreement was for ten days, commencing on or about
September 12, 2017 and ending on or about Thursday September 21, 2017.
13. The Term called for approximately (i) four “prep” days; (ii) one “shoot” day; and
14. The agreed Location fee was for a flat sum of $15,500, which was calculated as
follows: (i) four “prep” days at $1500 each; (ii) one “shoot” day at $5000; and (iii) three “wrap
Use and Repairs: Company agrees to leave the Property in as good order as when
received by Company, reasonable wear and tear excepted. Licensor shall submit a
written list notifying Company of all claimed damage to the Property within ten
(10) business days following the date that Company vacates the Property, and
Licensor shall permit Company to inspect the alleged damage, if any. Provided
that Company timely receives a written list of claimed damage and is afforded an
opportunity to inspect same, Company shall repair any actual and verifiable damage
to the Property directly caused by Company’s use thereof (or shall arrange for the
repairs to be made by contractors selected by the Company), provided, however,
that Company shall not be obligated to repair any damage to the Property caused
by or contributed to by Licensor. Company agrees to not smoke inside of the
Property.
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16. Following completion of filming, Richard Price found “Work Notes” at the
Residence, which were dated August 2, 2017. A copy of these “Work Notes” is attached hereto
as Exhibit B.
17. These Work Notes, which were written before the Location Agreement was
executed, called for work that far exceeded the Rights Granted clause (Paragraph 1) of the
18. The Work Notes called for changes to the outside shrubbery that exceeded the scope
19. As is discussed below, Paramount carried out many of the details described in these
20. On the day before Paramount’s access began, Richard Price, met with the Producer
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21. At the meeting, Alvarado assured Richard Price that filming would be limited the
22. Moreover, Alvarado assured Richard Price that access would be limited only to the
first floor.
23. On September 12, 2018, the first day of Paramount’s access, it began to pack up
25. A worker at the Residence said, “We’re Netflix. We can do what we want.”
26. Richard Price spoke to the police officer who was securing the area, asking for
intervention.
27. The police officer told Richard Price to make a report at the police station.
28. Richard Price went to the police station in Hewlett New York, whereby a police
officer told him his issue with Paramount was a contractual dispute that did not require police
intervention.
29. As described below, throughout the course of its access to the Residence,
30. Paramount also acted negligently and with willful disregard to Plaintiffs’ rights.
31. Paramount completely disregarded the scope of the agreement, which was limited
32. Paramount also took unauthorized footage of the front and side lawns, front porch,
and driveway, with approximately eight actors, three automobiles, and a boat used for outside
filming.
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34. Paramount also went on to the staircase and the second floor of the home, even
35. These boxes, measuring 25” by 25” by 25”, contained valuable memorabilia, which
36. Paramount recklessly threw these boxes aside in order to access the second floor.
37. Their recklessness caused glass contents inside the boxes to break; cardboard items
to bend and rip; and other memorabilia items such as posters, footballs, basketballs, baseballs,
and guitars, to be damaged. Each of these items contained autographs from famous persons.
38. As an example, various posters signed by Harrison Ford were damaged (with an
39. Paramount also accessed and boxed up contents of the 2-car garage, loading them
onto a truck. Paramount ultimately cleared out most of the garage, which had stored items from
42. Paramount has lost between twenty to thirty boxes that were placed on three trucks.
• Photos of Sidney Price’s parents, aunts, uncles, and other family members,
camp. Sidney Price now has no such photos to pass down to his grandchildren.
• Other photos of deceased family members. Sidney Price now has no photos
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• Pictures of Sidney Price and his late wife Lillian Price when they first met
• Sidney Price’s grandchildren’s Bar and Bat Mitzvah videos and photos.
44. Paramount also removed numerous outdoor bushes measuring 8-10 feet in height,
45. The bushes were not only beautiful, but also blocked the view from the street to the
46. Paramount removed these bushes despite protests from Richard Price.
47. Although Paramount later planted new bushes as replacements, the replacement
bushes are only 3 feet tall. They are unsightly and do not provide the privacy and security that
49. Paramount failed properly to remove the roots from the prior bushes. As a result,
51. Richard Price placed his body in front of the window to prevent their removal.
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52. He remained there for hours, as different persons strongly tried to convince him to
53. That evening, which was a Friday night, Ryan Smith phoned Richard Price at
approximately 7:30pm, engaging with him in a heated exchange for approximately 30 minutes
55. Nonetheless, Ryan Smith insisted that the windows would be removed at 5am the
57. He was rushed to the hospital with chest pain, and suffered from a mild heart attack.
58. Although Richard Price was not discharged from the hospital, he left to ensure that
59. When he arrived at the Residence, on Monday morning, he was informed that the
60. Paramount also caused damaged to the Residence’s concrete steps when it brought
61. It also broke the back fence so as to make room for the unit.
62. Sidney Price timely presented Paramount with itemized damages including the ones
specified above. A copy of his September 29, 2017 letter is attached hereto as Exhibit C.
63. In response, Paramount hired unlicensed contractors to make certain repairs to the
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65. Plaintiffs repeat and reallege all prior paragraphs of this Complaint as if fully set
forth herein.
67. Paramount breached the contract by exceeding the scope of access and use.
69. Paramount also impermissibly accessed the garage and second floor of the home,
70. It also loaded furniture, artwork, and boxes from the first floor and garage and
72. Moreover, it removed bushes and caused the other damage specified above.
74. Wherefore, Plaintiffs are entitled to compensatory damages for Paramount’s breach
of contract.
75. Plaintiffs repeat and reallege all prior paragraphs of this Complaint as if fully set
forth herein.
76. Upon information and belief, Paramount intends to use footage of the outside of the
77. Paramount’s use of such footage will work a windfall to it at the expense of Sidney
Price.
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79. Plaintiffs repeat and reallege all prior paragraphs of this Complaint as if fully set
forth herein.
80. Paramount has caused damage to Plaintiffs’ personal property, as described above,
by way of intentionally interfering with it, depriving Plaintiffs their rights of use and possession,
82. Plaintiffs repeat and reallege all prior paragraphs as if fully set forth herein.
85. Plaintiffs repeat and reallege all prior paragraphs as if fully set forth herein.
88. A causal connection exits between the conduct and Plaintiffs’ injuries.
89. Plaintiffs have suffered severe emotional distress, mental anguish, humiliation,
emotional pain, physical pain and suffering, convenience, loss of enjoyment of life, and medical
expenses.
90. Accordingly, Plaintiffs are entitled to compensatory, and punitive damages, as well
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91. Plaintiffs repeat and reallege all prior paragraphs as if fully set forth herein.
93. A causal connection exits between the conduct and Plaintiffs’ injuries.
94. Plaintiffs have suffered severe emotional distress, mental anguish, humiliation,
emotional pain, physical pain and suffering, convenience, loss of enjoyment of life, and medical
expenses.
95. Plaintiffs repeat and reallege all prior paragraphs as if fully set forth herein.
96. By the acts specified above, Paramount has committed acts of negligence, gross
97. Paramount owed a duty of care to the Plaintiffs when it entered the Residence.
98. Paramount breached that duty, causing resulting harm that was the proximate cause
of Plaintiffs’ damages.
99. Accordingly, Plaintiffs are entitled to compensatory, and punitive damages, as well
b. Punitive damages;
e. All other relief that the Court deems just and proper.
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Respectfully submitted:
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EXHIBIT A
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due Licensor, provided that there is no increase in the total number of days of the Term. If
additional days are necessary before or after the dates of the Term (which additional days need
not be consecutive to the Term), Licensor agrees to make the Property available to Company at
a mutually agreeable time (which shall not be delayed or unreasonably withheld) in return for
additional payment at the same rate(s) set forth below. Company may at any time prior to
commencement of the Term elect not to use the Property, in which case neither party shall have
any further obligations hereunder.
4. Location Fee: In full consideration for use of the Property, Company will pay to Licensor
the following daily rates for each such day that Company actually uses the Property during the
Term, if and as applicable {collectively, the "Location Fee"):
(i) One Thousand Five Hundred Dollars ($1,500.00) for each "prep" day;
(ii) Five Thousand Dollars ($5,000.00) for each "shoot" day; and
(iii) One Thousand Five Hundred Dollars ($1,500.00) for each "wrap" day.
Cumulatively, the Location Fee shall equal the flat sum of Fifteen Thousand Five Hundred Dollars
($15,500.00) in total, which shall be non-refundable.
Unless the parties agree otherwise in writing, the Location Fee will be payable promptly upon
Company's arrival at the Property on September 12, 2017. Licensor acknowledges and confirms
that the Location Fee constitutes adequate and sufficient consideration for any inconvenience
that may be caused by Company's photography and/or filming of a television production on and
around the Property and surrounding area.
5. Use and Repairs: Company agrees to leave the Property in as good order as when
received by Company, reasonable wear and tear excepted. Licensor shall submit a written list
notifying Company of all claimed damage to the Property within ten (10) business days following
the date that Company vacates the Property, and Licensor shall permit Company to inspect the
alleged damage, if any. Provided that Company timely receives a written list of claimed ·damage
and is afforded an opportunity to inspect same, Company shall repair any actual and verifiable
damage to the Property directly caused by Company's use thereof (or shall arrange for the rep�irs
to be made by contractors selected by Company), provided, however, that Company shall not be
obligated to repair any damage to the Property caused by or contributed to by Licensor. Company
agrees to not smoke inside of the Property.
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EXHIBIT B
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EXHIBIT C
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