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FILED: KINGS COUNTY CLERK 12/20/2018 04:36 PM INDEX NO.

518314/2018
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/20/2018

SUPREME COURT OF THE STATE OF NEW YORK


COUNTY OF KINGS
----------------X Index No.: 518314-2018E

MICHAEL CHIESA, Date Purchased: 9/10/2018

SUPPLEMENTAL Summons

Plaintiff, Plaintiff designates Kings

County as place of trial.


- against -

The basis of venue is:

CONOR McGREGOR, McGREGOR SPORTS AND Location of Residence

ENTERTAINMENT, LLC, JOHN DOES 1-20, names Defendant resides at:

fictitious as unknown at this time, 620 Atlantic Avenue,


being
BROOKLYN EVENTS CENTER, LLC, d/b/a County
of Kings

BARCLAYS CENTER, AEG MANAGEMENT


BROOKLYN, LLC, and JOHN DOES 21-50, names

being fictitious, as unknown at this time,

Defendants.

----------- --- ------¬--X

To the above named Defendant(s):

You are hereby summoned to answer the complaint in this action, and to serve a
of your answer, of if the complaint is not served with this summons, to serve a
copy
notice of appearance on the plaintiff's attorney(s) within twenty days after the services

of this summons exclusive of the day of service, where service is made by delivery upon
you personally within the state, or within 30 days after completion of service where

service is made in any other manner. In case of your failure to appear or answer,
judgment will be taken against you by default for the relief demanded in the complaint.

Dated: Queens County, New York s, etc.,


December 20, 2018 EPH . Esq.

Joseph W. Murray, Esq.

Nora Constance Marino, q.

ttorneys for Plaintiff

125-10 Queens Blvd., Ste. 5

Kew Gardens, NY 11415

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TO: Service list next page:

CONOR McGREGOR
3 Churchfield

The K Club

Straffan

CO. Kildare

W23 YP30

MCGREGOR SPORTS AND ENTERTAINMENT, LLC


Charter House

5 Pembroke Row
Dublin 2

DO2 FW61

BARCLAYS CENTER
620 Atlantic Avenue

Brooklyn, NY 11217

BROOKLYN EVENTS CENTER, LLC


620 Atlantic Avenue

Brooklyn, NY 11217

AEG MANAGEMENT BROOKLYN, LLC


111 Eighth Avenue

New York, NY 10011

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SUPREME COURT OF THE STATE OF NEW YORK


COUNTY OF KINGS
--------------------X Index No.: 518314-2018E

MICHAEL CHIESA,

Plaintiff,
AMENDED VERIFIED
- against- COMPLAINT

CONOR McGREGOR, McGREGOR SPORTS AND


ENTERTAINMENT, LLC, JOHN DOES 1-20, names

being fictitious as unknown at this time,


BROOKLYN EVENTS CENTER, LLC, d/b/a

BARCLAYS CENTER, AEG MANAGEMENT


BROOKLYN, LLC, and JOHN DOES 21-50, names

being fictitious, as unknown at this time,

----
Defendants.

Plaintiff, MICHAEL CHIESA, complaining


of the defendants, by his attorney,

JOSEPH W. MURRAY, ESQ., upon information and belief, respectfully shows to this

Court and alleges the following:

THE PARTIES

1. That at all times hereinafter mentioned, plaintiff MICHAEL CHIESA

"CHIESA"
(hereinafter, or "plaintiff") was and still is a resident of the State of

Washington.

2. That at all times hereinafter mentioned, plaintiff CHIESA was and still is a

professional mixed martial artist (hereinafter, "MMA") competitor.

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3. That at all times hereinafter mentioned, CHIESA competes in the Ultimate

Fighting Championship (hereinafter "UFC").

4. That at all times hereinafter mentioned, defendant CONOR McGREGOR

(hereinafter, was and still is a resident of the of Ireland.


"McGREGOR") Country

5. That at all times hereinafter mentioned, defendant McGREGOR was and

still is a professional MMA competitor.

6. That at all times hereinafter mentioned, defendant McGREGOR was and

still is a competitor in the UFC.

7. That at all times hereinafter mentioned, defendant McGREGOR was and

still is the former UFC Featherweight and Lightweight champion.

8. That at all times hereinafter mentioned, defendant MCGREGOR SPORTS

AND ENTERTAINMENT, LLC (hereinafter, "MSE"), is a domestic and/or foreign

corporation doing business in the State of New York.

9. That at all times hereinafter mentioned, defendant MSE, through its agent

defendant McGREGOR and others, including defendant JOHN DOES 1-20, committed

the tort and/or torts that are the subject of this lawsuit within the State of New York.

10. That at all times hereinafter mentioned, defendant McGREGOR is an

agent of MSE.

11. That at all times hereinafter mentioned, defendant McGREGOR is a

promotor of MSE.

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12. That at all times hereinafter mentioned, defendant McGREGOR acted on

behalf of MSE.

13. That at all times hereinafter mentioned, defendant McGREGOR was

soliciting business for MSE within the State of New York and elsewhere.

14. That at all times hereinafter mentioned, defendant JOHN DOES 1-20 are

friends and/or colleagues and/or cohorts and/or co-conspirators and/or agents of

defendant McGREGOR.

15. That at all times hereinafter mentioned, defendant JOHN DOES 1-20 are

agents and/or employees and/or representatives of defendant MSE.

16. That at all times hereiñafter mentioned, defendant BROOKLYN EVENTS

CENTER, LLC (hereinafter, "BEC") was and still is a domestic and/or foreign

corporation doing business in the State of New York.

17. That at all times hereinafter mentioned, defendant BEC is doing business

as BARCLAYS CENTER (hereinafter, "BARCLAYS").

18. That at all times hereinafter mentioned, BARCLAYS is located at 620

Atlantic Avenue, County of Kings, State of New York (hereinafter "the subject

location").

19. That at all times hereinafter mentioned, the defendant BEC, d/b/a

BARCLAYS is a venue and/or


facility conducting business at the subject location,

including, but not limited to, hosting UFC sporting events.

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20. That at all times hereinafter mentioned, the defendant BEC owned the

subject location.

21. That at all times hereinafter mentioned, the defendant BEC leased and/or

rented the subject location.

22. That at all times hereinafter mentioned, the defendant BEC operated the

subject location.

23. That at all times hereinafter mentioned, the defendant BEC maintained the

subject location.

24. That at all times hereinafter mentioned, the defendant BEC controlled the

subject location.

25. That at all times hereinafter mentioned, the defendant BEC managed the

subject location.

26. That at all times hereinafter mentioned, defendant AEG MANAGEMENT

BROOKLYN, LLC (hereinafter, "AEG") was and still is a domestic and/or foreign

corporation
doing business in the State of New York.

27. That at all times hereinafter mentioned, the defendant AEG operated the

subject location.

28. That at all times hereinafter mentioned, the defendant AEG maintained

the subject location.

29. That at all times hereinafter mentioned, the defendant AEG controlled the

subject location.

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30. That at all times hereinafter mentioned, the defendant AEG managed the

subject location.

31. That at all times hereinafter mentioned, defendants JOHN DOES 21-50 are

employees and/or agents of defendant BEC, and/or defendant BEC d/b/a

BARCLAYS, whose job duties include but are not limited to matters and the
swurity

protection of both patrons and performers at BARCLAYS and/or BEC and /or the

subject location.

32. That at all times hereinafter mentioned, defendants JOHN DOES 21-50 are

employees and/or agents of defendant AEG, whose job duties include but are not

limited to matters and the protection of both patrons and performers at the
security

BARCLAYS and/or BEC and /or the subject location.

33. That at all times hereinafter mentioned, all JOHN DOES identified herein

are identified as such, names being fictitious, because their true identifies are unknown

at this time.

THE FACTS

34. That at all times hereinafter mentioned, Artem Lobov ("Lobov") is a

friend and/or colleague of McGREGOR.

35. That at all times hereinafter mentioned, Lobov is a professional MMA

competitor.

36. That at all times hereinafter mentioned, Lobov competes in the UFC.

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37. That at all times hereiñafter mentioned, Khabib Nurmagomedov

("Nurmagomedov") was and still is a professional MMA competitor.

38. That at all times hereinafter mentioned, Nurmagomedov competes in the

UFC.

39. That prior to April 3, 2018, it was reported that Lobov had been making

disparaging remarks and insults about Nurmagomedov, i.e., suggesting that

Nurmagomedov was afraid to compete with defendant McGREGOR.

40. That on or about April 3, 2018, Nurmagomedov crossed paths with Lobov

in a Brooklyn hotel, and inquired about Lobov's disparaging and insulting comments

about Nurmagomedov. This incident was recorded and posted on YouTube on April 4,

2018 (https:/ /www.youtube.com/ watch?v=0dUP8IOR7LO).

41. That according to Lobov (stated in an interview), defendant McGREGOR

saw the above-refereñced YouTube video, and then sent Lobov a text message stating,

"I'm on the way, I'm coming over, and I don't care what, when, who, why. I don't give

over."
a f**k. You're brother and I'm on the [Source: sportsjoe.ie, Patrick
my way by

McCarry.]

42. That thereafter, defendant McGREGOR gathered JOHN DOES, including

some or all of the defendant JOHN DOES 1-20, and together they boarded a plane from

Ireland to New York.

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43. That the aircraft that was used to transport defendant McGREGOR and

JOHN DOES of the defendant JOHN DOES 1-20 was owned and/or leased and/or

operated and/or managed and/or controlled and/or charted and/or paid for by MSE.

44. That at some point after arriving in New York City, on April 5, 2018,

defendant McGREGOR and defendants JOHN DOES 1-20 proceeded to the subject

location with the intent to assault, harass, intimidate, threaten, injure, maim, and/or

murder Nurmagomedov and/or other competitors. (See para. 71.)

45. On April 5, 2018, an event was taking place at the subject location known

as "UFC 223 Media Day", at which plaintiff CHIESA, Nurmagomedov, and other UFC

competitors were present.

McGREGOR's, MSE's, AND TOHN DOES 1-20's

NEGLIGENT AND INTENTIONAL ACTS

46. That defendant McGREGOR individually, and on behalf of MSE, and

JOHN DOES 1-20, knowingly entered and/or remained unlawfully in the loading dock

area of the subject location, without permission or to do so.


authority

47. That defendant McGREGOR individually, and behalf of MSE, and JOHN

DOES 1-20, forcefully entered and/or remained unlawfully in the loading dock area of

the subject location, without permission or authority to do so.

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48. That defendant McGREGOR individually, and on behalf of MSE, and

JOHN DOES 1-20, illegally entered and/or remained


unlawfully
in the loading dock

area of the subject location, without permission or to do so.


authority

49. Plaintiff CHIESA, Nurmagomedov, other competitors, and other

individuals, were located within two busses inside the dock of the subject
loading

location.

50. Defendant McGREGOR and defendants JOHN DOES 1-20 were present at

the loading dock of the subject location, without permission and/or authority, where

the aforementioned competitors were on or getting on the busses.

51. Plaintiff CHIESA and Nurmagomedov were occupying the same bus, one

of the two busses present (hereinafter, "the subject bus").

52. Defendant McGREGOR, individually and on behalf of MSE, and

defendants JOHN DOES 1-20 surrounded and/or swarmed the subject bus.

53. Defendant McGREGOR, individually and on behalf of MSE, and

defendants JOHN DOES 1-20 yelled expletives and threatening and intimidating

phrases and/or remarks, plaintiff and others to experience fear, apprehension,


causing

confusion, and terror.

54. Defendant McGREGOR, individually and on behalf of MSE, and

defendants JOHN DOES 1-20 attempted to board the subject bus and prevent it from

moving, causing plaintiff and others to experience fear, apprehension, confusion, and

terror.

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55. Defendant McGREGOR, and on behalf of MSE, and


individually

defendants JOHN DOES 1-20 kicked the exterior of the subject bus multiple times and

punched the exterior of the subject bus multiple times, thunderous sounds, and
creating

plaintiff and others to experience fear, apprehension, confusion, and terror.


causing

56. Defendant McGREGOR, and on behalf of defendant MSE,


individually

and defendants JOHN DOES 1-20 threw objects and dangerous instruments directly at

the subject bus windows, thunderous sounds, and plaintiff and others
creating causing

to experience fear, apprehension, confusion, and terror.

57. These acts caused great emotional distress, including but not limited to,

fear, apprehension, confusion, and terror, for plaintiff and others.

58. Having failed to shatter the glass of the windows of the subject bus up

until this time, defendant McGREGOR, and on behalf of MSE, and other
individually

defendant JOHN DOES 1-20, ran through the loading dock, seeking
an instrument that

was heavy
enough to shatter the windows of the subject bus.

59. Defendant McGREGOR, and on behalf of MSE, came across a


individually

and/or hand truck, lifted same over his head, as he ran towards the bus, hurled
dolly

the and/or hand truck into a window of the subject bus, causing the window to
dolly

shatter, shrapnel, shards of glass, and other dangerous moving and


violently creating

flying sharp objects.

60. Plaintiff was seated in the subject bus at the seat that was adjacent to the

window that defendant McGREGOR shattered. The glass from the shattered window,

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and the hand truck itself, struck the plaintiff, severe facial lacerations and other
causing

injuries.

61. The act of shattering the glass window adjacent to the plaintiff, causing

glass to strike the plaintiff, causing


the instrument itself to come in contact with the

plaintiff, caused serious physical injury to the plaintiff, but not limited to, a
including

substantial laceration on plaintiff's face.

62. Shockingly, even after defendant McGREGOR already shattered the

window, knowingly causing grave physical injury and destruction of property, he

continued to run through the loading dock, up additional heavy objects,


picking

metal chairs and barricades, and hurled them at the bus, causing additional
including

and continued fear, apprehension, confusion, and terror.

63. Defendant McGREGOR, and on behalf of MSE, continued to


individually

attack the bus and its occupants, a total disregard for the injuries that he
showing

caused to plaintiff and others.


already

64. Defendant McGREGOR, and on behalf of MSE, incited,


individually

encouraged, and solicited others to attack the bus and its occupants, including
violently

to smash additional windows, and cause additional fear, apprehension, confusion,

terror, destruction, mayhem, and injury.

65. Defendants JOHN DOES 1-20 were acting


in concert with each other and

with defendant McGREGOR, and on behalf of MSE.


individually

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66. Defendants JOHN DOES 1-20 conspired with each other and with

defendant McGREGOR, individually and on behalf of MSE.

BEC'S AND AEG'S NEGLIGENT ACTS

67. Throughout all of the aforementioned events, defendant BEC, BEC d/b/a

BARCLAYS, defendant AEG, and defendants JOHN DOES 21-50, failed to act to

prevent defendants McGREGOR individually and on behalf of MSE, and JOHN DOES

1-20 from entering what should have been a secured area.

68. Throughout all of the aforementioned events, defendant BEC, BEC d/b/a

BARCLAYS, defendant AEG, and defendants JOHN DOES 21-50, failed to adequately,

competently, and/or prevent or intervene in the altercation and attack


meaningfully

initiated by
McGREGOR individually and on behalf of MSE, and JOHN DOES 1-20.

69. Throughout all of the aforementioned events, defendant BEC, BEC d/b/a

BARCLAYS, defendant AEG, and defendants JOHN DOES 21-50, negligently

performed their security duties and obligations.

70. Throughout all of the aforementioned events, defendant BEC, BEC d/b/a

BARCLAYS, defendant AEG, and defendants JOHN DOES 21-50, could have and

should have intervened, reacted, prevented the attacks, and/or otherwise protected the

plaintiff and others.

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FOLLOWING THE INCIDENT

71.
By his own admission, defendant McGREGOR, individually and on behalf

of MSE, engaged in the aforementioned conduct and acts with the premeditated intent

and purpose of inflicting severe personal injuries and/or Nurmagomedov,


murdering

and sought to promote his brand and profit from his criminal activity. See, McGregor

Interview, September 20, 2018, Rockefeller Center, moderatedbyDana White, UFC CEO:

Reporter: When you're in that situation, that everyone has now seen on video,
multiple times, what's through your head - you're in that dock,
going loading
you have a dolly in your hand...?

McGregor: I just thank the lord Jesus Christ that that man [Nurmagomedov] had

not got the balls to foot off that bus, because trust me, OR, that the bus door
step
did not open, because if that bus door had opened, this man [Nurmagomedov]
would be dead right now. He would be in a box, and I would be in a cell, and

we would not have this great fight ahead of us, so... there are many things I can

speak on about that about the lead up, about emotions, and things
incident, my
like that, BUT, there's still situations involved in it. So, I'm just
many ongoing
here to compete on October 6, in Las Vegas Nevada, T-Mobile Arena, live on
Pay
Preview, UFC 229 in Association with McGregor Sports and Entertainment and

Proper 121... [Emphasis added.]

72. An MMA fight event known as UFC 2232 was scheduled to be held at the

subject location on April 7, 2018.

73. The main event of the UFC 223 card3 WaS the UFC lightweight

champiombip fight originally scheduled to be between professional MMA competitor

1 12"
"Proper No. is an Irish whisky manufacturing company founded by McGREGOR.
2 UFC fights events are titled at the time of the subject the next fight to
chronologically; incident,
take place was 223, two days after the subject event. UFC 229, wherein McGREGOR was to

fight Nurmagomedov, was to take place five months later.

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and featherweight champion Max Holloway and Nurmagomedov (who is now the

current lightweight champion).

74. Also, at UFC 223, plaintiff was scheduled to compete in the lightweight

division on the card against professional MMA competitor


Anthony Pettis.

75. Plaintiff had trained hard, cut weight, and was prepared for this
optimally

scheduled fight against Anthony Pettis.

76. As a result of the physical injuries suffered by plaintiff from the

aforemeñtioned vicious and violent attack described hereinbefore spearheaded by

defendant McGREGOR, but not limited to, a severe laceration to plaintiff's


including

face, plaintiff was unable to and/or precluded from competing in his scheduled fight

with Anthony Pettis at UFC 223.

77. As a result of plaintiff being unable to and/or precluded from


competing

in the fight against Anthony Pettis, plaintiff suffered substantial disappointment,

depression, and other emotional damages; plaintiff further was damaged due to the lost

opportunity, substantial economic damages, and damage to plaintiM's standing


in the

UFC.

78. Had plaintiff been able to partidpate in UFC 223, it would have and/or

could have propelled his career towards a championship title fight.

3 "cani"
A is a list of matches, i.e., a roster of fighters, competing in each fight throughout the
event.

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79. On April 6, 2018, Max Holloway was pulled from the main event, due to

unrelated medical reasons and a replacement was needed for the main event

lightweight championship fight against Nurmagomedov.

80. But for the injuries plaintiff suffered from the vicious and violent attack

hereinbefore descried, plaintiff would have been selected to fight against

Nurmagomedov in the main event Championship Title Fight of UFC 223. This fact was

confirmed via text message to plaintiff from a UFC executive corporate officer.

81. As a result of plaintiff being unable to and/or precluded from competing

in the main event Champiombip Title fight against Nurmagomedov for the lightweight

championship, plaintiff suffered additional substantial disappointment, additional

depression, and other emotional damages; plaintiff was additionally damaged due to

the lost opportunity, suffered additional substantial economic damages, and suffered

additional damage to his standing in the UFC.

82. Subsequent to the subject events, defendant McGREGOR was arrested

and charged with


felony
and misdemeanor crimes. The case was later disposed

following a guilty plea by McGREGOR.

83. Subsequent to his arrest and conviction, defendant McGREGOR,

and on behalf of MSE, has profited off of his criminal activity described
individually

herein, specifically: defendant McGREGOR has promoted himself, MSE, and other

corporate entitles owned and/or controlled by him, including but not limited to an Irish

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whisky manufacturing company known as Proper No. 12, using the criminal events

descried hereinbefore.

84. Defendant McGREGOR, and on behalf of MSE, has further


individually

used the criminal events described hereinbefore at press conferences and other

promotional outlets, to promote himself and/or companies for which he owns and/or

controls and/or profits from.

85. Defendant McGREGOR, and on behalf of MSE, has used


individually

these events without permission or consent from plaintiff herein.

86. Upon information and belief, defendant McGREGOR, individually and on

behalf of MSE, knowing that a fight with Nurmagomedov was impending in the

professional MMA upcoming fight known as UFC 229, McGREGOR purposely staged

and engaged in the criminal acts of April 5, 2018, in a deliberate attempt to create

publicity resulting from the havoc, mayhem, and injury that he caused, in this reckless

publicity stunt, and promotional effort for this fight, with the intent to profit
upcoming

from same, with a complete disregard for the injuries he would have caused and did

cause to others, including the plaintiff.

87. Defendant McGREGOR, individually and on behalf of MSE, intended to

cause fear, terror, and injury, he would profit from those acts at a later
believing greatly

time.

88. Defendant McGREGOR, and on behalf of MSE, engaged in


individually

deliberate acts of statements at press conferences and other promotional events,


by way

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using the criminal activity, for promotional purposes for UFC 229, in an effort to

increase interest, increase ticket sales, increase PayPerView sales, and promote his new

whiskey company Proper No. 12, with the intent to profit from same.

89. Plaintiff was and continues to be injured in this process and continues to

suffer damages.

90. Under the Son of Sam law, defendant McGREGOR individually and on

behalf of MSE should not be permitted to profit from his crimes.

AS AND FOR A FIRST CAUSE OF ACTION:


EXECUTIVE LAW §632-a (Son of Sam Law)

91. Plaintiff repeats, reiterates and re-alleges each and allegation


every

contained in the paragraphs set forth above with the same force and effect as if more

fully set forth herein.

92. Defendant McGREGOR, individually and on behalf of MSE committed

numerous felony crimes, and is profiting from said crimes.

93. Pursuant to Executive Law §632-a(1)(a), a crime is defined as, "any felony

state"
defined in the laws of the and "the act or acts the offense occurred in
constituting

state."
whole or in part in this

94. Pursuant to Executive Law §632-a(1)(b)(iii), profits from a crime includes,

which the defendant obtained or income geñerated as a result of having


"any property

crime..."
committed the

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95. Pursuant to Executive Law §632-a(1)(d), a crime victim is defined as any

"victim of a crime".

Sam"
96. "Son of Law encompasses persons charged with or convicted of State

law offenses. New York State Crime Victims Bd. V.T.M. Productions, Inc., 1998, 176

Misc.2d 777, 673, NYS2d 871, affirmed 265 A.D.2d 38, 705 N.Y.S.2d 320, issued 2000 WL

261103.

97. Defendant McGREGOR was charged with numerous crimes. Specifically,

Penal Law §145.05(2), Criminal Mischief in the Third Degree, a class E-felony; Penal

Law §145.10, Criminal Mischief in the Second Degree, a class-D felony; Penal Law

§145.00(10, Criminal Mischief, a class-A misdemeanor; Penal Law §120.00(2), Assault in

the Third Degree, a class-A misdemeanor, and eight other crimes, including assault,

menacing, and recldess endangerment.

98. Plaintiff was a victim of those crimes. Defendant McGREGOR,

individually, and/or on behalf of MSE, is profiting from his crimes and should be

disgorged of same as plaintiff is entitled to those profits; pursuant to the Son of Sam

Law, defendant McGREGOR, individually, and/or on behalf of MSE should be

disgorged of profits they received from UFC 229, Proper No. Twelve, and any other

source of profits.

99. In addition to the crimes defendant McGREGOR was actually charged

with, defendant McGREGOR, individually, and/or on behalf of MSE, committed

additional crimes, but not limited to: Attempted Murder in the second
including

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degree, pursuant to Penal Law §§110/125.25(1) and (2) which are class-B violent felony

offenses pursuant to Penal Law §70.02(1)(b); Attempted Assault in the first


Gang

degree, pursuant to Penal Law §120.07, which is a class-C violent felony; Attempted

Assault in the first degree, pursuant to Penal Law §§120.10(1), (2), (3), and (4), which are

class-C violent felonies; Burglary in the Second Degree, pursuant to Penal Law

§§140.25(1)(b) and (c) which are class-C violent felonies; Assault in the Second Degree,

pursuant to Penal Law §§120.5(1) and (2), which are class-D violent felonies; Recldess

Endangerment in the First Degree, pursuant to Penal Law §120.25(1)(b) which is a class-

D felony.

AS AND FOR A SECOND CAUSE OF ACTION: NEGLIGENCE

100. Plaintiff repeats, reiterates and re-alleges each and allegation


every

contained in the paragraphs set forth above with the same force and effect as if more

fully set forth herein.

101. That at all times hereinafter mentioned, the defendants BEC, BEC d/b/a

BARCLAYS, AEG, and/or JOHN DOES 21-50 owed a duty to plaintiff to engage in

proper measures and actions, to protect the plaintiff and other patrons of the
security

subject location, and failed to do same. These defendants breached that duty.

102. That at all times hereinafter mentioned, the defendants BEC, BEC d/b/a

BARCLAYS, AEG, and/or JOHN DOES 21-50 owed a duty to plaintiff to see that its

employees, agents, servants, representatives, or other, use reasonable care to protect the

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plaintiff and others at the subject facility, to prevent an unreasonable risk of harm to

plaintiff, and others similarly situated. These defendants breached that duty.

103. That at all times hereinafter mendoned, the defendant McGREGOR

individually, and/or on behalf of MSE, and JOHN DOES 1-20 owed a duty to plaintiff

to use reasonable care to restrain themselves from themselves in a vicious


conducting

and/or violent manner so as to create an unreasonable risk of harm to plaintiff, and

others situated. These defendants breached that duty.


similarly

104. That the aforementioned occurrence and the results thereof including the

injuries sustained by the plaintiff were caused by and due to the negligence,

carelessness and recldessness of the aforementioned defendants to properly


by failing

control their conduct, to take actions and/or precautions which would have
failing

prevented their behavior; to monitor their conduct and in otherwise being


failing

negligent, reckless and careless under the circumstances.

105. That by reason of the foregoing, and due to the carelessness, recklessness

and negligence of the aforementioned defendants, plaintiff has been injured and

suffered damages, both general and special, in an amount that exceeds the jurisdictional

limits of all lower courts which would otherwise have jurisdiction.

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AS AND FOR A THIRD CAUSE OF ACTION:


NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

106. Plaintiff repeats, reiterates and re-alleges each and allegation


every

contained in the paragraphs set forth above, with the same force and effect as if more

fully set forth herein.

107. That each and all of the defendants herein had a duty of care to the

plaintiff; that said duty was breached by the defendants; that said breach resulted

in emotional harm.
directly

108. That defendants, through extreme, outrageous, negligent and recldess

behavior, caused severe emotional distress, mental trauma, and/or


bodily
harm to the

plaintiff; that defendants engaged in extreme and outrageous conduct; ñegligeñtly

causing, or negligently disregarding a substantial probability of causing, severe

emotional distress; and there lies a causal connection between the conduct and injury;

and severe emotional distress.


resulting

109. That defendants engaged in extreme and outrageous conduct against the

plaintiff, and/or the substantial probability of


negligently recldessly disregarding

causing, severe emotional distress; there exists a direct causal connection with the

conduct of the defendants and the injuries suffered by plaintiff, including but not

limited to plaintiff's severe emotional distress.

defendants'
110. That actions goes beyond all possible bound of decency, and

is regarded as atrocious and utterly intolerable in a civilized community.

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111. That the acts of defendants described herein constitute a negligent

infliction of emotional distress against the plaintiff, and the plaintiff has suffered

damages pursuant thereto, and he will continue to suffer same in the future.

112. That by reason of the foregoing, plaintiff requests an award of damages

which exceeds the jurisdictional limits of all lower courts which would otherwise have

jurisdiction.

A_S AND FOR A FOURTH CAUSE OF ACTION:


INTENTIONAL TORT: ASSAULT

113. Plaintiff repeats, reiterates and re-alleges each and allegation


every

contained in the paragraphs set forth above with the same force and effect as if more

fully set forth herein.

114. That on the aforementioned date at the subject location, plaintiff was,

without cause or provocation, maliciously and intentionally assaulted by defendants

McGREGOR individually, and/or on behalf of MSE, and JOHN DOES 1-20, causing

serious personal injury, economic, and non economic damages to plaintiff.

115. That defendants McGREGOR individually, and/or on behalf of MSE, and

JOHN DOES 1-20 did intentionally attempt or threaten to inflict injury on plaintiff, with

an apparent ability to cause the harm, and that said actions created a reasonable

apprehension of bodily harm or offensive contact in the plaintiff.

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A.S AND FOR A FIFTH CAUSE OF ACTION:


INTENTIONAL TORT: BATTERY

116. Plaintiff repeats, reiterates and re-alleges each and allegation


every

contained in the paragraphs set forth above, with the same force and effect as if more

fully set forth herein.

117. That the aforesaid occurrence and resulting injuries to plaintiff were due

to the willful, wanton, reckless and/or malicious conduct of the defendant McGREGOR

individually, and/or on behalf of MSE, and/or in concert with other


individually

defendants.

118. That the defendant McGREGOR individually, and/or on behalf of MSE,

and JOHN DOES 1-20, without cause or provocation, battered the plaintiff, causing

and damages, with an utter indifference to the of others and


injury safety specifically

the safety of plaintiff.

119. That the defendant McGREGOR individually, and/or on behalf of MSE,

DOES'
and JOHN 1-20 intentional touching of, or application of force to the body of the

plaintiff, in a harmful and offensive manner, and without the plaintiff's consent, caused

injuries and damages to the plaintiff.

120. That the conduct of defendant McGREGOR individually, and/or on

behalf of MSE and JOHN DOES 1-20, exhibited a depraved indifference for human life

and and more particularly, for the life and of plaintiff.


safety safety

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121. That by reason of the foregoing, and the malicious and intentional acts of

the defendant McGREGOR and/or on behalf of MSE and JOHN DOES 1-


individually,

20, plaintiff has been injured and suffered damages, general, special, and punitive, in an

amount that exceeds the jurisdictional limits of all lower courts which would otherwise

have jurisdiction.

AS AND FOR A SIXTH CAUSE OF ACTION: INTENTIONAL


INFLICTION OF EMOTIONAL DISTRESS

122. Plaintiff repeats, reiterates and re-alleges each and allegation


every

contained in the paragraphs set forth above, with the same force and effect as if more

set forth herein.


fully

123. That the defendants engaged in extreme or outrageous conduct and

intentionally caused severe emotional distress and bodily harm to the plaintiff.

124. That the acts of defendants described herein were an intentional infliction

of emotional distress against the plaintiff, and the plaintiff has suffered damages

pursuant thereto, and he will continue to suffer same in the future.

125. That defendants, through extreme, outrageous, negligent and recldess

behavior, caused severe emotional distress, mental trauma, and/or bodily harm to the

plaintiff; that defendants engaged in extreme and outrageous conduct; with an intent to

cause, or disregard of a substantial of causing, severe emotional distress; ad


probability

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there lies a causal connection between the conduct and injury; and severe
resulting

emotional distress.

126. That defendants engaged in extreme and outrageous conduct against the

plaintiff, with an intent to cause, or a disregard of the substantial of causing,


probability

severe emotional distress; there is exists a direct causal connection with the conduct of

the defendants and the injuries suffered plaintiff, but not limited to
by including

plaintiff's severe emotional distress.

defendants'
127. That actions goes beyond all possible bound of decency, and

is regarded as atrocious and intolerable in a civilized community.


utterly

128. That reason of the foregoing, plaintiff requests an award of punitive


by

damages which exceeds the jurisdictional limits of all lower courts which would

otherwise have jurisdiction.

ACTION'
AS AND FOR A SEVENTH CAUSE OF
NEGLIGENT HIRING, RETENTION, AND SUPERVISION
AND RESPONDEAT SUPERIOR

129. Plaintiff repeats, reiterates and re-alleges each and every allegation

contained in the paragraphs set forth above, with the same force and effect as if more

set forth herein.


fully

130. Defendants BEC, BEC d/b/a BARCLAYS, and/or AEG, placed their

employees, JOHN DOES 21-50 in a position to cause foreseeable harm, harm which the

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plaintiff would have been spared had the employer taken reasonable care in

or the employee. Defendants BEC, BEC d/b/a BARCLAYS,


supervising retaining

DOES'
and/or AEG knew or should have known of JOHN 21-50 propensity for the

conduct that caused the injury.

131. Defendants JOHN DOES 21-50 were acting


in the scope of their

employment when they failed to properly execute their duties, failed to protect the

plaintiff, failed to prevent defendant JOHN DOES 1-20 from entering an area in which

they should not have been permitted to enter or remain.

132. Defendant JOHN DOES 21-50 were performing actions to further their

employer's interest, or to carry out duties incumbent upon the employ in furthering the

employer's business.

133. That by reason of the foregoing, plaintiff requests an award of damages

which exceeds the jurisdictional limits of all lower courts which would otherwise have

jurisdiction.

AS AND FOR AN EIGHTH CAUSE OF ACTION:


PUNITIVE DAMAGES

134. Plaintiff repeats, reiterates and re-alleges each and every allegation

contained in the paragraphs set forth above, with the same force and effect as if more

fully set forth herein.

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135. Defendant McGREGOR individually and/or on behalf of MSE, should be

punished for his shocking, outrageous, and violent criminal conduct and should be

made to set an example in order to deter him and others from committing similar

criminal acts of violence in the future. The circumstances herein constitute such

aggravation and outrage; defendant McGREGOR's acts, individually and/or on behalf

of MSE, stem from spite, malice, vanity, greed, and other evil motives, and contained a

others'
conscious and deliberate disregard of the plaintiff's and interests and/or safety,

evincing a depraved indifference to human life, safety, and good and moral behavior.

136. Defendant McGREGOR's conduct, individually and/or on behalf of MSE,

hereiñ is but one example of a long sordid history of similar violent and egregious

conduct for which he has been subject of litigation and has had to compensate his

victims; however, he refuses to his conduct to fall within the parameters of


modify

civilized society. Thus, substantial punitive damages herein are warranted at this time.

137. Defendant McGREGOR's conduct, individually and/or on behalf of MSE,

was willful and wanton, an award of substantial punitive damages.


warranting

WHEREFORE, that by reason of the foregoing, and due to the negligent,

malicious and intentional acts of the defendants herein, plaintiff MICHAEL CHIESA

has been rendered sick, sore, lame and disabled; that he has experienced pain, suffering

and a loss of enjoyment of life and will experience same in the future; that he has been

obliged to expend, and will continue to expend in the future, sums of money for

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medical aid and attention; he has experieñced substantial economic loss; that he has

forever lost professional opportunities that would have furthered and advanced his

career; that he was caused to be removed from a fighting competition that would have

generated substantial income and and would have furthered and advanced
opportunity

his career; that that he has suffered personal injuries, but not limited to
including

permanent scarring; that he has been unable to attend to his usual avocation and

activities, has suffered a loss and other benefits as a result and believes he will continue

to suffer same in the future.

WHEREFORE, plaintiff MICHAEL CHIESA demands judgment and an award

against defendants, individually and/or collectively, on the FIRST, SECOND, THIRD,

FOURTH, FIFTH, SIXTH, SEVENTH, AND EIGHTH CAUSES OF ACTION in an

amount that exceeds the jurisdictional limits of all lower courts which would otherwise

have jurisdiction, together with costs and disbursements of this action, and such other

and further relief as to this Court seems just proper and equitable.

Dated: Queens County, New York

December 20, 2018

Yours, etc.,
JOSEPH W. MURRAY, Esq.

Joseph W. Murray, Es .

Nora Constance Marino, Esq.

Attorneys for Plaintiff

125-10 Queens Blvd., Ste. 5

Kew Gardens, NY 11415

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ATTORNEY VERIFICATIO_N

STATE OF NEW YORK )

) ss.:

COUNTY OF QUEENS )

JOSEPH W. MURRAY, an
attorney duly licensed to practice law, affirms

under penalties of perjury, that I am the of record for the plaintiff in the within
attorney

action; that I have read the foregoing SUPPLEMENTAL SUMMONS AND AMENDED

VERIFIED COMPLAINT and know the contents thereof; that the same is true to my

own knowledge, except as to the matters therein alleged to be on information and

belief, and as to those matters, I believe it to be true. The reason this verification is

made by me and not by plaintiff MICHAEL CHIESA is that the county in which

plaintiff resides is different than the in which deponent maintains his office.
county

DATED: December 20, 2018

EPH W. MURRAY, E .

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SUPREME COURT OF THE STATE OF NEW YORK


COUNTY OF KINGS
..... Index No.:

MICHAEL CHIESA,

Plaintiff
- against -

CONOR McGREGOR, McGREGOR SPORTS AND ENTERTAINMENT, LLC, JOHN DOES 1-20,
names being fictitious as unknown at this time, BROOKLYN EVENTS CENTER, d/b/a BARCLAYS

CENTER, AEG MANAGEMENT BROOKLYN, LLC, and JOHN DOES 21-50, names being fictitious,
as unknown at this time,

Defendants.

SUPPLEMENTAL SUMMONS AND AMENDED COMPLAINT

Law Offices Of
JOSEPH W. MURRAY, ESQ.
for Plaintiff
Attorney

Off a and Post Off a Address, Telephone

125-10 Queens Blvd., Ste. 5

Kew Gardens, New York 11415

PHONE: 718-514-3855

FAX: 646-514-4771

Pursuant to 22 NYCRR 130-L1, the undersigned, an attorney admitted to practiœ in the courts of New York

State, artifies that, upon information and and reasonable inquiry, the contentions contained in the
belief
annexed document are not frivolous.

Dated: 20

Joseph W. Murray, Esq.


.. .

To : Servia of a copy of the within


is hereby admitted.

Dated: 20

Attorney(s) for:

PLEASE TAKE NOTICE :


NOTICE that the within is a (certified) true 31 ofofa
copy 31

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