Filing # 199973351 E-Filed 06/06/2024 11:06:32 AM

IN THE CIRCUIT COURT OF THE 17TH

JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA

JANE DOE, individually, CASE NO.: CACE-23-013956 (12)

JUDGE: KEATHAN BRISCOE FRINK
Plaintiff(s),
v.

XAVIEN HOWARD, individually,

Defendant(s).
______________________________/

PLAINTIFF’S MOTION FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT

COMES NOW the Plaintiff, JANE DOE, by and through undersigned counsel, and

pursuant to the provisions of Fla. R. Civ. P. 1.190, hereby moves this Honorable Court for an Order

granting Plaintiff’s Motion for Leave to File a Second Amended Complaint, a proposed copy of which

is attached hereto, and as grounds states the following:

FACTUAL SUMMARY

1. The undersigned represents the Plaintiff, JANE DOE for damages against the

Defendant, XAVIEN HOWARD for non-consensually recording sex acts between himself and JANE

DOE and disseminating these sex videos to a third-party(s) on more than one occasion and for

recording a sex act between himself and JANE DOE with her knowledge and then non-consensually

disseminating the sex video to a third-party

2. The Complaint was filed on May 23, 2023 and this Court entered an Order on

November 19, 2023 deeming Plaintiff’s Amended Complaint filed.

3. Since the filing of Plaintiff’s Amended Complaint, the undersigned undertook

representation of JOHN DOE, whose claims allege a similar pattern of conduct by the Defendant.

Specifically, JOHN DOE alleges he received a sexually explicit photograph directly from the

Defendant, XAVIEN HOWARD, where XAVIEN HOWARD was engaged in an explicit sex act with

JOHN DOE’s mother. JOHN DOE was a minor when the material was sent to him but as of the
filing of this motion, is now of the age of majority. For clarity, JANE DOE is not related to JOHN

DOE, although both allege non-consensual publishing of explicit sexual material for purpose of

manipulation and/or revenge.

4. Both JANE DOE and JOHN DOE share similar allegations of wrongdoing by

Defendant, XAVIEN HOWARD wherein explicit sexual videos and/or photographs were forwarded

to third parties without consent.

5. As such, Plaintiff, JANE DOE seeks to add an additional party plaintiff, JOHN DOE

to this lawsuit.

6. Plaintiff’s Motion is based on the proposed amendments to the Second Amended

Complaint, a copy of which is attached hereto as “Exhibit A”.

MEMORANDUM OF LAW

7. Rule 1.190 allows a party to amend its pleadings with leave of court, which “shall be

given freely when justice so requires.”

8. Generally, “[l]eave to amend should not be denied unless the privilege has been

abused, there is prejudice to the opposing party, or amendment would be futile.” N. Amer. Specialty

Ins. Co. v. Bergeron Land Dev., 745 So.2d 359, 362 (Fla. 4th DCA 1999); see also Leavitt v.

Garson, 528 So.2d 108, 110 (Fla. 4th DCA 1988) (stating that “[a] test of prejudice is the primary

consideration in determining whether a motion for leave to amend should be granted, and leave to

amend should not be denied unless the privilege has been abused or the pleadings is clearly not

amenable.”

CONCLUSION

9. In the present case, the amendment will result in no prejudice to the Defendant, nor

would the amendment be futile. Further, the privilege of amending has not been abused.

10. Moreover, the parties have sufficient time to conduct discovery and prepare this

case for trial on the merits of this action.

 11. Plaintiff’s request is made in good faith and not to cause delay.

WHEREFORE Plaintiff, JANE DOE, respectfully request this Honorable Court enter an

Order granting this Motion, and for any further relief this Court deems just and proper.

CERTIFICATE OF SERVICE

WE HEREBY CERTIFY that a true and correct copy of the above and foregoing has been

served via the Florida E-Filing Portal to counsel for the Respondence at the email addresses

designed for service on this 6th day of June, 2024.

JUSTICE LAW
Attorneys for Plaintiff
8551 W. Sunrise Blvd, Suite 300
Plantation, Florida 33322
P: 954-515-5656
F: 954-515-5657
E: [email protected]

By: _/s/ Cam Justice_____

CAM F. JUSTICE
FLA. Bar #119105
ADAM D. BREIT
FLA. Bar #102541

EISENBERG & BAUM, LLP

Attorneys for Petitioner
24 Union Sq E Ph
New York, NY 10003-3201
T: 212-353-8700
F: 917-591-2875
E: [email protected]
E: [email protected]

By: /s/ Adriana Alcalde

ADRIANA ALCALDE
Florida Bar No. 609331
 EXHIBIT "A"

IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT

IN AND FOR BROWARD COUNTY, FLORIDA

JANE DOE
and JOHN DOE,
Case No. CACE-23-013956 (12)
Plaintiffs, Judge: Keathan Briscoe Frink

[PROPSOSED]
v. SECOND AMENDED COMPLAINT

XAVIEN HOWARD, individually,

Defendant.

Plaintiffs Jane Doe and John Doe, by and through their undersigned counsel, sue the

Defendant Xavien Howard, and allege as follows:

INTRODUCTION

1. A former cornerback with the Miami Dolphins, Xavien Howard operates by

intimidation and force. Where he goes, destruction follows, and the lives of two individuals have

been irrevocably altered because of him. In one heinous example, Howard sent sexually explicit

material of a mother to her minor son.

2. Howard and Jane Doe initially engaged in a sexual relationship. But once she

spurned his advances, Howard circulated sexually explicit videos of her—without her consent—

to the public. Jane Doe was debased and utterly humiliated.

3. John Doe is the son of another woman (hereinafter referred to as “Mother”) Howard

became sexually involved with, who after impregnating her, demanding that she have an abortion,

and her refusing, went on a warpath against her. Among other forms of revenge to Mother, and

most notable, Howard texted sexually explicit material of Mother engaged in an explicit sex act

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with Howard to John Doe, who was a minor at the time. By targeting John Doe with this vile act,

Howard was causing significant emotional distress to John Doe and Mother by design.

4. As victims of this profound emotional and physical abuse, Plaintiffs seek to hold

Xavien Howard responsible for his egregious actions.

PARTIES

5. Plaintiff Jane Doe is a citizen and resident of Florida, is over the age of eighteen

(18) years and otherwise sui juris. With the Court’s permission on January 29, 2024, she is

proceeding under a pseudonym.

6. Plaintiff John Doe is a citizen and resident of Broward County, Florida, over the

age of eighteen (18) years and otherwise sui juris. He brings this Second Amended Complaint

against Defendant under a fictitious name to protect his identity because he was a minor, at the

time of the subject incident, and the Second Amended Complaint makes sensitive allegations. His

identity has been or will be provided to the Defendant under separate cover.

7. Defendant Xavien Howard is a resident of Broward County, over the age of

eighteen (18) years and otherwise sui juris.

JURISDICTION AND VENUE

8. This Court has jurisdiction because the amount in controversy exceeds $50,000.00,

exclusive of attorney fees, interest, and costs.

9. Venue is proper in the Circuit Court of the Seventeenth Judicial Circuit, in and for

Broward County, Florida because the acts and omissions giving rise to this Complaint occurred in

Broward County, Florida.

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 STATEMENT OF FACTS

Jane Doe

10. Jane Doe and Howard’s relationship began in approximately 2016 when Defendant

began direct messaging her on Instagram after they met.

11. Jane Doe and Howard began dating approximately the beginning of 2022 and their

dating relationship ended in approximately July of 2022. During the course of their dating

relationship, the parties engaged in sexual relations.

12. On or about September 25, 2022, Jane Doe received an Instagram message from a

third-party female, claiming she was in possession of several sexually explicit videos that

Defendant sent her of him having sex with various women. This third-party female told Jane Doe

that she believed Jane Doe was one of the women in the sexually explicit videos. Jane Doe sent

the third-party female her cell number and asked her to send the videos so she could see them. The

text messages between Jane Doe and the third-party female were exchanged on September 25,

2022. 1

13. The multiple text messages show the sexually explicit videos Defendant

disseminated to the third-party female, who then forwarded them to Jane Doe. Several of the videos

are of Jane Doe and directly identify her. The videos of Jane Doe depict hard core, full-on sexual

intercourse with Howard and are terribly devastating to her.

14. Upon receiving the videos from the subject third-party female, Jane Doe texted

Defendant regarding his dissemination of the sexually explicit videos. This text message exchange

between Jane Doe and Howard took place on September 25, 26 and 27, 2022.

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For the privacy of all parties, no text messages, photos, videos between Jane Doe, Howard, and
the third-party female were included in this pleading, but all material will be provided in the normal
course of discovery, without waiving any objections.

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 15. Defendant non-consensually recorded sex acts between himself and Jane Doe and

non-consensually disseminated these sex videos to a third-party female who confirmed that

Defendant sent them to her to make her mad because she did not want to have sex with him. Two

(2) of the videos Jane Doe received were of her and Defendant engaging in sexual acts and the

remainder of the videos were of other women and Defendant engaging in sexual acts. Jane Doe

was told by the third-party female that she had sent the videos to another female, as well. It is

unknown to Jane Doe whether the videos were disseminated to anyone else or posted on social

media, but it feels quite likely and/or still possible.

16. Howard recorded sex acts between himself and Jane Doe with Jane Doe’s

knowledge on one occasion. Howard then non-consensually disseminated the sexually explicit

video to a third-party female.

17. On or about October 7, 2022, the undersigned sent a “Cease-and-Desist” letter to

Howard on behalf of Jane Doe. (Redacted Exhibit “A”).

18. On or about February 8, 2023, Howard attempted to contact Jane Doe by phone.

She did not take his call.

19. On or about April 10, 2023, Jane Doe was contacted again by a third-party female

via cell phone, who sent her several other sexually explicit photographs and videos of nude women

that Howard had recently sent to her, again to make her mad because she would not have sex with

him. Jane Doe was in one of the photos and it was both taken and disseminated without her

knowledge or consent and after the undersigned had sent the Cease-and-Desist letter.

20. On or about August 21, 2023, Howard filed a Motion to Dismiss with Prejudice for

Failure to State a Claim on the present matter. He falsely stated that Jane Doe has a felony arrest

record. On or about January 29, 2024, the Court denied Howard’s Motion to Dismiss.

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John Doe

21. Howard received the cell phone numbers of Mother’s children, including her son

(John Doe), because she would text him through her children’s phones if her phone battery died.

22. Mother would announce via verbally and/or text message to Howard that her phone

died and she was communicating with him through her son or daughter’s phone.

23. Mother would also tell Howard either verbally and/or via text message when she

would stop texting through her children’s phones and return to talking and/or texting from her

phone.

24. Before returning to her own phone, Mother would delete the text threads with

Howard on her children’s phones. Thus, Howard knew John Doe’s cell phone number.

25. On one occasion when Howard and Mother were fighting, Howard texted sexually

explicit material of Mother to her minor son, John Doe, on or around September 19, 2022.

26. Mother deleted the sexually explicit material Howard sent to John Doe’s iPhone;

however John Doe saw it on his iCloud account when he signed into his iCloud account from his

friend’s phone after Mother had grounded him from his iPhone

27. Each individual has his or her own iCloud account with log-in information

connected to a specific phone number, so there could be no mistake that Howard targeted John

Doe in his ongoing crusade to debase and humiliate Mother.

COUNT I:
INVASION OF PRIVACY BY PUBLIC DISCLOSURE OF PRIVATE FACTS
(by Jane Doe)

28. Plaintiff re-alleges and incorporates paragraphs 1 through 27 as if fully set forth

herein.

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 29. Defendant Xavien Howard willfully and recklessly shared and published 2 private

information via text messages to third parties of Howard engaging in sexual relations with Plaintiff,

Jane Doe. Upon information and belief, the pattern and practice engaged in by Defendant makes

it “substantially certain to become public knowledge.”

30. The information Howard published concerning private, sexually explicit details of

the parties’ personal, sexual relationship that was offensive.

31. The subject, private information published by Howard is/was not of public concern.

32. The subject, private information published by Howard about Jane Doe, was not of

a public nature, or of a legitimate public or general interest.

33. As a result of the intentional acts of Howard, Jane Doe has and continues to suffer

from mental pain, mental anguish, emotional pain, loss of capacity for the enjoyment of life,

humiliation, and damage to their respective reputations. The losses are either permanent or

continuing in nature, and Jane Doe will suffer losses in the future.

34. Howard was so reckless and wanting in care that his conduct constituted a

conscious indifference or reckless disregard for the safety and rights of Jane Doe in committing

the acts as described above by willfully and recklessly sharing and publishing private information

via text messages or social to third parties of Howard engaging in sexual relations with Jane Doe.

Howard engaged in this behavior for the purpose of embarrassment, harassment and/or

manipulation. Howard patterned behavior involved not only the unauthorized dissemination of

sexually explicit videos and photographs of Jane Doe but also other women. Howard’s conduct

2
Dissemination must be “to the public at large or to so many persons that the matter must be
regarded as substantially certain to become public knowledge.” Williams v. City of Minneola,
575 So. 2d 683, 689 (Fla. 5th DCA 1991).

6
amounted to intentional misconduct and/or gross negligence, which warrants an additional claim

for punitive damages, which Plaintiffs will be seeking via amendment pursuant to Fla. Stat. 768.72.

WHEREFORE, the Plaintiff, JANE DOE, prays for:

a. judgement for damages in excess of $50,000;

b. cost of suit;

c. prejudgment interest where applicable;

d. trial by jury as to all issues so triable; and

e. such other relief as this Court may deem just an appropriate.

COUNT II:
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
(by Jane Doe and John Doe)

35. Plaintiffs re-allege and incorporate paragraphs 1 through 34 as if fully set forth

herein.

36. Defendant Xavien Howard’s acts of engaging in sexual relations with Jane Doe,

recording same with his cellphone and then disseminating those private, sexually explicit videos

to other third parties without her knowledge, consent or otherwise is and was an intentional,

outrageous, and reckless act which he knew or should have known would cause Jane Doe severe

emotional distress.

37. Howard’s acts of sending sexually explicit material of Mother to John Doe, who

was a minor at the time, was an intentional, outrageous, and reckless act which he knew or should

have known would cause John Doe and/or Mother severe emotional distress.

38. Defendant’s outrageous conduct was intentional, reckless, and he intended his

behavior when Defendant knew or should have known that emotional distress to Jane Doe and

John Doe would likely result.

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 39. Howard engaged in this behavior for the purpose of embarrassment, harassment

and/or manipulation. Howard patterned behavior involved not only the unauthorized dissemination

of sexually explicit videos and photographs of Jane Doe but also other women.

40. Howard’s conduct was outrageous, went beyond all boundaries of decency, and it

is and was regarded as odious and utterly intolerable in a civilized community.

41. Howard’s conduct caused and continues to cause Plaintiffs’ emotional distress, and

Plaintiffs ‘emotional distress is and was severe.

42. As a result of the intentional acts of Howard, Plaintiffs have and continue to suffer

from mental pain, mental anguish, emotional pain, loss of capacity for the enjoyment of life,

humiliation, and reputational harm. The losses are either permanent or continuing in nature, and

Plaintiffs will suffer losses in the future.

43. Howard was so reckless and wanting in care that his conduct constituted a

conscious indifference or reckless disregard for the safety and right of Plaintiffs in committing the

acts as described above by willfully and recklessly sharing and publishing private information via

text message or social media to third parties of Defendant engaging in sexual relations with Jane

Doe. Howard’s conduct amounted to intentional misconduct and/or gross negligence, which

warrants an additional claim for punitive damages which Plaintiffs will be seeking via amendment

pursuant to Fla. Stat. 768.72.

44. Howard is guilty of intentional misconduct or gross negligence by sending

pornographic images of Mother to her minor son, John Doe. Howard had actual knowledge of the

inherent wrongfulness of this conduct and the high probability that injury or damage to John Doe

and/or Mother would result and, despite that knowledge, intentionally pursued that course of

conduct, resulting in injury or damage. Howard’s conduct was also so reckless or wanting in care

8
that it constituted a conscious disregard or indifference to the life, safety, or rights of persons

exposed to such conduct.

WHEREFORE, the Plaintiffs, JANE DOE and JOHN DOE, prays for:

a. judgement for damages in excess of $50,000;

b. cost of suit;

c. prejudgment interest where applicable;

d. trial by jury as to all issues so triable;

e. punitive damages when available; and

f. such other relief as this Court may deem just an appropriate.

COUNT III:
INJUNCTIVE RELIEF
(by Jane Doe)

45. Plaintiff re-alleges and incorporates paragraphs 1 through 44 as if fully set forth

herein.

46. Plaintiff Jane Doe seeks injunctive relief from this Court pursuant to F.S. 526.312

due to Defendant Xavien Howard’s continued dissemination of private sexually explicit videos of

Jane Doe who separately engaged in sexual relations with Howard. For Jane Doe, this was even

after having received a “Cease-and- Desist” letter referenced above.

47. Howard’s dissemination of the private sexually explicit videos of Jane Doe

engaging in sexual relations with Howard has caused Jane Doe irreparable injury and will continue

to cause Jane Doe further irreparable injury if Howard is not prohibited from further disseminating

these videos.

48. The threatened injury to Jane Doe outweighs the harm to Howard, resulting from

an Injunctive Order.

49. The injunction is not adverse to the public interest.

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 50. Jane Doe has a substantial likelihood of success on the merits.

WHEREFORE, the Plaintiff, JANE DOE, prays for:

a. injunctive relief;

b. attorney’s fees where applicable;

b. cost of suit;

c. prejudgment interest where applicable;

d. trial by jury as to all issues so triable; and

e. such other relief as this Court may deem just an appropriate.

COUNT IV:
INTRUSION OF PRIVACY
(by Jane Doe)

51. Plaintiff re-alleges and incorporates paragraphs 1 through 50 as if fully set forth

herein.

52. Howard’s acts of engaging in sexual relations with Jane Doe, recording same with

his cellphone and then disseminating those private, sexually explicit videos to other third parties

without their respective knowledge, consent or otherwise is and was an intentional intrusion upon

the solitude or seclusion of Jane Doe, or their respective private affairs or concerns, of which

Howard knew or should have known would be highly offensive to Jane Doe.

53. Jane Doe does and did enjoy a right to privacy within the quarters of which Howard

and Jane Doe engaged in sexual relations.

54. Howard’s non-consensual recordings of Jane Doe engaging in sexual relations with

Howard was an intentional physical or electronic intrusion upon Jane Doe ’s respective private

quarter.

55. Howard’s intrusion upon Jane Doe ’s respective solitude or seclusion is and was

highly offensive to Jane Doe, as would be to a reasonable person.

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 56. Howard’s dissemination of private, sexually explicit videos to a third party is and

was further intrusion upon Jane Doe ’s respective solitude or seclusion.

WHEREFORE, the Plaintiff, JANE DOE, prays for:

a. judgement for damages in excess of $50,000;

b. cost of suit;

c. prejudgment interest where applicable;

d. trial by jury as to all issues so triable;

e. punitive damages when available; and

f. such other relief as this Court may deem just an appropriate.

COUNT V:
SEXUAL CYBERHARASSMENT
(by Jane Doe)

57. Plaintiffs re-allege and incorporate paragraphs 1 through 56 as if fully set forth

herein.

58. Howard’s acts of engaging in sexual relations with Jane Doe, recording same with

his cellphone and then disseminating those private, sexually explicit videos to other third parties

without her respective knowledge, consent or otherwise is and was a violation of Florida’s Sexual

Cyberharassment Law Fla. Stat. 784.049.

59. Any and all sexually explicit images or videos of Jane Doe taken with their

respective consent retain a reasonable expectation of privacy.

60. Howard disseminated said images through the use of Internet websites or electronic

means, creating a permanent record of Jane Doe ’s private nudity or private sexually explicit

conduct.

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 61. The existence of such images or Howard dissemination of such images without the

consent of Jane Doe depicted in the images, has and continues to cause Jane Doe significant

psychological harm.

WHEREFORE, the Plaintiff, JANE DOE, prays for:

a. judgement for damages in excess of $50,000;

b. cost of suit;

c. prejudgment interest where applicable;

d. trial by jury as to all issues so triable;

e. punitive damages when available; and

f. such other relief as this Court may deem just an appropriate.

JURY TRIAL DEMANDED

Plaintiffs Jane Doe and John Doe hereby demand trial by jury of all triable issues.

Dated: June 6, 2024 Respectfully submitted,

/s/ Cam Justice___________

Cam F. Justice, Esq.
Florida Bar No. 119105
Adam D. Breit
Florida Bar No. 102541
JUSTICE LAW
8551 W. Sunrise Blvd, Suite 300
Plantation, FL 33322
(954) 515-5656
[email protected]
Attorney for Plaintiff

/s/ Adriana Alcalde_________

Adriana Alcalde, Esq.
Florida Bar No. 0609331
EISENBERG & BAUM, LLP
24 Union Square East, PH
New York, NY 10003
(212) 353-8700
[email protected]
Attorney for Plaintiff

12
 Exhibit "A"
iiiT JUSTICE LAW
'IJf T R I A L L AW Y E R S 8551 W. Sunrise Blvd., Suite 300
Plantation FL 33322

OFRCE: (954) 515-5656

F'AX: (9 54) 515-5657
WE8: ;istlcelnjurylawyer.com

PRIVILEGED AND CONFIDENTIAL

October 7, 2022

SENT VIA CERTIFIED MAIL RRR# 7020 2450 0001 8354 2517
Xavien Howard

Re:

Dear Mr. Howard,

My firm has been retained by regarding inappropriate and potentially illegal

behavior that took place during your relationship with . Our investigation so far has
revealed non-consensual recording of sex acts between yourself and . Additionally,
we have learned that without permission ( express or implied), no less than two (2) sex videos were
disseminated by you to third persons.

As we continue our investigation, we are placing you on notice to preserve any and all
communications with including, but not limited to, voice and text messages as well
as any social media communications. We are also demanding that that you CEASE AND
DESIST from disseminating any videos, photographs or other materials involving
to any third persons. Be advised that you do not now, nor have you ever had
consent to share her likeness with any third persons and this specifically includes any videos and/or
photos of engaging in any sex acts with you. Finally, you are directed !!2! to attempt
communications (either directly or indirectly) with and not to disparage her in any
way.
As we continue our investigation and weigh all of legal options, you are on
notice that failure to fully comply with the above will result in permanent and additional damages
to and will ensure the need for immediate legal action.
Should you fail to comply with the above, I have been directed to immediately file suit in
order to protect

J USTIC El NJU RYLAWYE R. COM

Xavien Howard
Page Two
October 7, 2022

Please direct any and all communications to my office for handling as we continue our
investigation.

Cam . Justice, E q.
Adam D. Breit, Es
For the Firm

CFJ/ADB/pl