SARAH Ao MARTINEZ,

VS.

UNKNOWN PERSON and DIRTYWORLD,LLC,

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`PLAINTIFF'S VEIIIFIED ORICINAL PETIT10N AND APPLICAT10N FOR AN Ⅸ″ ′EE TEMPORARY RESTRAINING ORDER OR.IN THE ALTERNATIVE.

A TEMPORARY RESTRAINING ORDER

AFF:DAVIT oFT01｀HE HONORABLEJUDGE OF SAID COURT:

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COMES NOW PLAINTIFF SARAH A. MARTINEZ (hereinafter "PLAINTIFF"), by and

through her undersigned attomey of record, and in accordance with, inler alia,theTexns Rur.rs or,

Ctvtt, PnocEDURE, files this, her Verified Original Petilion and Application for an Ex Parte

Temporary Restraining Order Or, In the Alternative, A Temporary Restraining Order (hereinafter

ft tl"Original Petition") against DEFENDANTS UNKNOWN PERSON and DIRTY WORLD, LLC

(hereinafter collectively refered to as "DEFENDANTS"). In support of the causes of action

included herein, PLAINTIFF would respectfully show unto the Court the following:

I.

DISCOVERY CONTROL PLAN

l. It is the intention of PLAINl,IFF to have discovery conducted in this

Lcvel TwO,as deflned by§ 190.3 ofthe TEXAS RuLES OF CIVIし PROCEDURE.

Documentscanned as filed.

2015-CI-03173―

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150TH JUDICIRL DISTRICT COURT

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IN THE DISTRICT COURT

JUDICIAL DISTRICT

BEXAR COUNTY,TEXAS

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II..IURISDICTION AND VENUE

2. Jurisdiction is proper in the District Courts of Bexar County, Texas, because the damages

sought are within the jurisdictionat limit of this court. Because the cause of action, in whole and/or

in part, accrued in Bexar County, Texas where a substantial part of the events or omissibns that gave

risetotheclaimoccurred,venueisproperinthiscounty. Trx.Ctv.Pnec.Reu.Cooa$15.001(1)

and $ 15.002.

m.PARTIES AND SERVICE

3. PLAINTIFF SARAH A. MARTINEZ is an individual who resides in San Antohio, Bexar

County, Texas.

4. DEF'ENDANT UNKNOWN PERSON is an individual who has yet to be identified.

N PERSON will be obtained through

DEFENDANT DIRTY WORLD, LLC either through subpoena or through written pre-trial

discovery. Upon receipt of this information, PLAINTIFF will amend her complaint to include the

proper name of DEFENDANT UNKNOWN PERSON.

5. DEFENDANT DIRTY WORLD, LLC is a foreign Limited Liability Company organizrd

and existing under the laws of the State of Delaware whose home office address is f+i t Silverside

Road, #104, RodneyBldg., Wilmington, DE 19810. DEFENDANT DIRTY WORLD, LLC maybe

served with process by serving Corporate Creations Network, its agent for service for process, at

34ll Silverside Road, #104, Rodney Bldg., Wilmington, DE 19810. Notably, DEFENDANT

DIRTY WORLD, LLC engages in business in Texas but does not maintain a regular place of

business in this state or a designated agent for service of process, and this suit arose out of

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DEFENDANI''S business in Texas.

IV.ACTS

6. DEFENDANT DIRTY WORLD, LLC, is the operator of thedirty.com-a website that

publishes anonymous gossip from site users. On or about Febru ary 19,2015, PLAINTIFF was

informbd through a friend that a post that included her name and photograph had been made on

thedirty.com website under the heading "Dating Manied Men." This post was authored by a site

user and anonymously attributed to "The Dirry Army." The post reads as follows:

Sarah Martinez Iikes to date maried men shes [sic] been with my husband and is she is [sic]Dot wonralr enough to come out so if shes proud of what she did or is still doin [sic] then she

wouldn't mind it being posted!

A copy ofthis posting has been annexed hereto as Exhibit "P- l " and is incorporated by reference as

if fully set forth herein.

7. Asamatterofrecord,PLAINTIFFispresentlyaMedicalAssistantattheSrARTCeNren

FoRCnNCERCInenNoRESEARCHCENTERlocated in San Antonio, Texas, and is themotherof three

children ages l4 through 17. Representations included in thedirty.com posting notwithstanding,

PLAINTIFF does not date married men and does not, contrary to the innuendo included in this post,

sleep with maried men. It remains upon PLAINTIFF'S information and belief that this item has

been posted for the purposes of impugning her repqtation and harassment. .

8. The direct purpose of this lawsuit is to prevent any further damage to PLAINTIFF and

her reputation based on false and rnalicious allegations manufactured by DEFENDANT

UNKNOWN PERSON for the purpose of harassment. As a consequence of DEFENDANT'S

actions, PLAINTIFF has sufGred pecuniary injury.

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V。

FIRST CLAIM FOR IIELIEF_

DEFAMATORY ACTIONSノ LIBEL PER SE BY DEFENDANTS

9. PLAINTIFF restatcs,realleges and re‐ avers and hcreby incorporates by referencc any and

all alicgations ofparagraphs``1''through``8"ihcivsive,hCrein,and,in addition,avers that by their

conduct,DEFENDANTS committё d defamatory actions against PLAINTIFF.Bccause the

defamatory statement was published in■ 7riting or other graphic form,DEFENDANTSぃave

cornrnitted libel per se.

10.By and through thisスタr′θ′θ″な加α′Pθ rir′ ο′,PLAINTIFF pleadsthat DEFENDANTS

published a statement of fact,that the statement referred to PLAINTIFF:that the statement was

defamatory;that the statement was false;that with regard to the truth of the statement,thc

DEFENDANTS■ ere acting with actual malice;and that PLAINTIFF suffered and is continuing to

suffer pecunlary lnJury・

1].By and through this降 ′・′′グθ″なf4α′′`′

′′′ο″,PLAINTIFF pleads that becausc of

DEFENDANTS'defamatory statements,she is now suffering and Will cOntinue to suffer monetary

damages as a result ofDEFENDANTS'actions unless and until this Court grantζ relici

VI。

SECOND CLAIM FOR RELIEF

INTENT10NAL INFLICT】ON OF EMOT10NALDISTRESS BY DEFENDANTS

ll.PLAINTIFF restates,reaHcges,and re‐ aversandherebyincorporates byreferencc anyand

aH allegations of paragraphs ``1" through``10," inclusive, herein, and, in addition, avers that

DEFENDANT'S actions constitute an intentional inniction ofemOtiOnal distress.

12.By and thrOugh this И7,′θグOrな′″α′Pα J″ο″,PLAINTIFF pleadsthatDEFENDANTS

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acted intentionally or recklessly; that DEFENDANTS' conduct was extreme.and outrageous; that

DEFENDANTS' conduct proximately caused PLAINTIFI?'S emotional distress; and the emotional

distress suffered by PLAINTIFF was severe.

13. ByandthroughthisVerifiedOriginalPeli/ion,PLAINTIFFpleadsIhaIDEFENDANTS,

through their acts and omissions proximately caused actions to be taken against PLAINTIFF. Such

conduct was extreme and outrageous, thereby causing PLAINTIFF to suffer severe emotional

distress. PLAINTIFF is now suffering and will contiriue to suffer ineparable injury and monetary

damages as a result of DEFENDANT'S actions unless and until this Court grants relief.

vII.THIRD CLAIM FOR RELIEF

TEXAS COMMON LAW RIGHT OF PUBLICITY

I 4. PLAINTIFF restates, realleges, and re-avers and hereby incorporate s by reference any and

all allegations of paragraphs "1" through "13," inclusive, herein, and, in addition, avers that

DEFENDANT'S actions constitute an infringement of PLAINTIFF'S right ofpublicity that protects

the name or likeness of living persons to include PLAII{TIFF.

15. By and throi.rgh this Verified Original Petition,PLAINTIFF pleads that DEFENDANTS

appropriated PLAINTIFF'S name and likeness for its value; PLAINTIFF could be identified from

the publication; and DEFENDANTS received an advantage or benefit as a result of the

appropriation.

16. By and through this Verified Origf|nat Petition,PLAINTIFF pleads rhat because of

DEFENDANTS' misappropropriation, she is now suffering and will continue to suffer mental pain

and similar damages as a result of DEFENDANTS' actions unless and until this Court granrs relief.

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vur.F'OURTH CLAIM FOR RELIBF

APPLICATION FOR AN EXPlXrr TEMPORARY RESTRAINING OnDEn OR.INTHE ALTERNATIVE TEMPORARY RESTRAINING ORDER

' 17. PLAINTIFF restates, re-alleges and re-avers and hereby incorporates by reference any

and all allegations of paragraphs "l " through "16" inclusive, herein, and, in addition, avers that the

' actions of DEFENDANTS, in particular the defamatory actions and misappropriations taken by

. DEFENDANTS wherein DEFENDANTS published information regarding PLAINTIFF that is

patently false, warrants an ex parte temporary.restraining order. PLAINTIFF further avers the

' necessity for and herein requests an ex parte temporary restraining order based on PLAINTIFF'S

concern for both the integrity of her reputation, good name, and likeness.

I 8 . PLAINTIFF represents that the facts underlying the instant matter satisfu the prerequisites

necessary for injunctive relief: (l) PLAINTIFF requests a permanent injunction; (2) there is

substantial likelihood of success by PLAINTIFF after a trial on the merits and, therefore,

. PLAINTIFF has a probable right to the relief she seeks on finai hearing; and (3) PLAINTIFF will

suffer a probable injury because the harm is imminent, the injury would be irreparable, and the

PLAINTIFF has no other legal remedy. A temporary restraining order is necessary to prevent

irreparable injury.

19. Based on the information included inthe Statement of Facrs, supTa,PLAINTIFF asserts:

(l ) she will suffer ireparable injury, loss, or darnage if the ternporaryrestraining order is not granted;

and (2) there is not enough time to serve notice on DEFENDANTS and hold a hearing.

20. If necessary, PLAINTIFF is willing to post a bond in this matter.

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FIFTH CLAIM FOR RELIEF

REOUEST FOR TIDMPORARY INJUNCTION

2l . PLAINTIFF restates, realleges and re-avers and hereby incorporates by reference any and

' all allegations of paragraphs "1" through "22" inclusive, herein, ild, in addition, avers that

. DEFENDANTS' actions warrant a temporary injunction.

22. PLAINTIFF requests the Court to set its application for temporary injunction ior a

'hearing, and after hearing the application, issue a temporary injunction against DEFENDANT in

conformity with the allegations set forth above.

x.IN.IUNCTIVE RELIEF

23, As a direct and proximate result of the occurrence made the basis of this Verified

Original Petition and request for injunctive relief, PLAINTIFF respectfully requests that the Court

grant PLAINTIFF'S application for an ex parle temporary restraining order to enjoin or mandate the

following:

(A) Prohibit DEFENDANTS from posting any further likeness, reference, name,

or similar information regarding PLAINTIFF on thedirty.com or any otherinteractive website intended to disseminate gossip, rumor, or innuendoregarding PLAINTIFF

(B) Mandate the immediate removal by DEFENDANT DIRTY WORI-D, LLC ofPLAINTIFF'S likeness, reference, name, or similar information from the SanAntonio or any other edition of thedirty.com

(C) Prohibit DEFENDANTS from engaging in any further behavior or activityintended to impugn or defame PLAINTIFF'S reputatioh.

xI.DAMAGES

WHEREFORE, PREMISES CONSIDERED, PLAINTIFF prays that the DEFENDANTS be

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cited to appear and answer herein and that upon final trial hereof, PLAINTIFF havejudgment of and

from DEFENDANTS to include the following:

Claim for Relief hereinabove againstAll relief requested under FirstDEFENDANTS;

b. All relief requestedDEFENDANTS;

c. All relief requested

DEFENDANTS;

. d. All relief requested

DEFENDANTS;

e. All relief requestedDEFENDANTS;

t Conduct a hearing onorder, if necessary;

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The Court grant PLAINTIFF'S application for temporary injunction;

All costs of courts;

All costs of suit;

All reasonable and necessary attorneys' fees;

Prejudgment and postjudgment interest at the highest rate authorized by law; and

Such other and further relief to which this PLAINTIFF may be justly entitled.

Respectfully submitted,Txr Lnw Orncp oF VNCENT A. LnznnoThe Historic Milam Building115 E. Travis, Suite 706San Antonio, Texas 78205(210) 621-s49s(888) 397-4706 (Telecopier)A FOR PLAINTI

By:V A.SBN:

under Second Claim for Relief hereinabove against

under Third Claim for Relief hereinabove against

under Fourth Claim for Relief hereinabove against

under Fifth Claim for Relief hereinabove against

r PLAINTIFF'S application for a temporary restraining

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