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Mark F. Gallagher Hawaii Bar No.: 6016 [email protected] 66 Kaiholu Place Kailua, Hawaii 96734 (808) 535-1500 HERMAN LAW 3351 NW Boca Raton Boulevard Boca Raton, FL 33431 Tel: 305-931-2200 Fax: 305-931-0877 Jeff Herman Florida Bar No. 521647 [email protected] (pending application for pro hac vice admission) Dennis E. Siegel Florida Bar No. 258131 [email protected] (pending application for pro hac vice admission) Lee Gill Cohen Florida Bar No. 825670 [email protected] (pending application for pro hac vice admission)

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MICHAEL F. EGAN, III, Plaintiff, _____________ vs.

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) ) )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII

) ) ) BRYAN JAY SINGER, ) ) Defendant. ) ___________________________________ )

Plaintiff, MICHAEL F. EGAN, III, hereby sues Defendant, BRYAN JAY SINGER, and

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Civil Action No.: COMPLAINT

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states the following: INTRODUCTION Defendant, BRYAN JAY SINGER, manipulated his power, wealth, and position in the entertainment industry to sexually abuse and exploit the underage Plaintiff through the use of drugs, alcohol, threats, and inducements which resulted in Plaintiff suffering catastrophic

similarly positioned in the entertainment industry that maintained and exploited boys in a sordid sex ring. A Hollywood mogul must not use his position to sexually exploit underage actors. JURISDICTION, VENUE, AND PARTIES 1.

Plaintiff, MICHAEL F. EGAN, III, is a citizen and resident of Clark County,

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California and is sui juris. 3.

(a)(1) because the amount in controversy exceeds $75,000.00 and the action is between citizens

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of different states. 4. proper in the District of Hawaii. 5.

arose in and around Kailua, Hawaii. Therefore, pursuant to 28 U.S.C. 1391(b)(2), venue is

print advertising. As time passed, he performed in school plays and was ultimately encouraged to

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Nevada, and is sui juris.

Defendant, BRYAN JAY SINGER, is a citizen and resident of the State of

This Court has diversity jurisdiction over this action pursuant to 28 U.S.C. 1332

A substantial part of the acts, events, or omissions giving rise to Plaintiffs claims

FACTS COMMON TO EACH COUNT Plaintiff Is Introduced To The M & C Estate When Plaintiff was in elementary school in the Midwest, he began modeling for

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psychological and emotional injuries. Defendant Singer did so as part of a group of adult males

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pursue acting professionally. For a period of time, he moved with his mother to New York and engaged in modeling for print advertising and in television commercials. 6. When Plaintiff was 14 or 15, he moved to the Los Angeles, California, area with

his family at the suggestion of his talent manager to further his acting career, and continued to model. He dreamed and aspired to have acting become his career.

the Los Angeles, California, area. Plaintiff was short and of a slight stature. 8.

There were approximately four children in Plaintiffs grade, one of whom was

Scott Shackley (Scott) who Plaintiff considered a close friend. In early or mid-1998, Scott introduced Plaintiff to his older brother Chad Shackley (Chad) who, upon information and belief,

referred to as the M & C Estate. Plaintiff would often go to the M & C Estate to visit Scott. Marc Collins-Rector (Collins-Rector) also resided in the M & C Estate as did Chad and Scott. Upon information and belief, a sexual relationship existed between Collins-Rector and Chad. 9. At the time, upon information and belief, Collins-Rector was the Chairperson of

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the Board of Directors of an online entertainment business known as Digital Entertainment Network (DEN). Both Chad and Collins-Rector were principals in DEN. Collins-Rector was instrumental in promoting and marketing DEN as a commercial venture that would revolutionize television and online entertainment, and DEN was considered at the time to be in the vanguard of the growing online entertainment industry. DEN was a well-known enterprise which attracted a significant number of prominent investors, including persons and organizations that were renowned in the entertainment industry such as Defendant Singer.

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was Scotts caretaker. Chad resided in a mansion in Encino, California, which was commonly

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7.

Plaintiff attended a very small private high school in the San Fernando Valley in

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10.

In an attempt to manipulate his compliance with the sexual demands of those

adults who frequented the M & C Estate, Plaintiff was placed on DENs payroll as an actor in Royal Standard, an online television show broadcast on DENs network, and was paid approximately $1,500.00 per week. Plaintiff additionally was paid approximately $600.00 per week from different accounts without any designation of job duties, title, or position. Upon

M & C Estate to have sex with the adults who resided there or visited there for recreational and business purposes. Plaintiff was provided the opportunity to audition for other acting, commercial, and modeling jobs. Plaintiff was promised stock in DEN, was provided with extravagant gifts, and was transported on private jets to attractive locations.

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parties on the grounds of the M & C Estate which were attended by numerous young males who had been lured to the M & C Estate as well as by DEN investors including Defendant Singer. The parties were typically sordid and featured sexual contact between adult males and the many

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entertainment industry. 12.

teenage boys who were present for the parties. Further, the parties included the distribution of drugs and alcoholic beverages to the teenage boys at the party. Upon information and belief, the nature of the parties was well-known and notorious among many men in the Hollywood

by them in a bullying manner that they had gaydar and knew that Plaintiff was homosexual, a characterization which Plaintiff, who is heterosexual, categorically denied. He was told that he was part of the group, referring to the numerous young males who were lured to the M & C

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Sordid Parties At The M & C Estate

Upon information and belief, Collins-Rector and Chad hosted many notorious

Soon after Plaintiff was introduced to Collins-Rector and Chad, he was often told

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information and belief, salaries of this nature were paid to many of the teenage males lured to the

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Estate for the purpose of sexual contact with the adult males who visited the M & C Estate ostensibly for recreational and business purposes. He was advised that those adult males controlled Hollywood and would destroy his hopes and dreams of an acting career if he did not keep them happy. They threatened to eliminate him and his family, and told him that they were monitoring not only his phone, but those of his family members, and asserted he would be

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Defendant Singer was present for, and participated in, several of these threatening

communications during which he told Plaintiff how the adults who resided in or frequented the M & C Estate controlled Hollywood and could decide whether Plaintiffs career aspirations and hopes would be realized. Defendant Singer was also present during times when threats were

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drugs. The adults at the M & C Estate strenuously pressured the teenagers who were there, including Plaintiff, to ingest the copiously available drugs and alcohol. Plaintiff was often forced to consume alcoholic beverages and drugs, and was also surreptitiously administered drugs when

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they were placed in beverages that he consumed. Defendant Singer was often present at the M & C Estate when these drug and alcohol-related activities were occurring and knew, or should have known, that such was taking place.

engaged in sexual contacts with the Plaintiff, as well as the other boys present. Plaintiff never freely, voluntarily, and knowingly consented to these sexual interactions, and often resisted them.

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relayed to Plaintiff concerning his and his familys well-being.

The M & C Estate contained a number of bars and was replete with alcohol and

Defendant Singer Induced Or Coerced Plaintiff Into Sexual Activity

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destroyed if he ever disclosed the unconscionable activities that occurred at the Estate.

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16.

On several occasions when Plaintiff resisted submitting to sexual contact, Collins-

Rector physically and aggressively held Plaintiff down in order to facilitate his sexual victimization. 17. On an occasion when Plaintiff was being resistant to sexual contact, Collins-

Rector called him into the master bedroom of the M & C Estate. Collins-Rector pointed a firearm

continued. Collins-Rector then forcibly locked Plaintiff for a period of time in a gun safe which was located in a master bedroom closet. 18.

Approximately 23 months after Collins-Rector began sexually abusing Plaintiff,

Defendant Singer was socializing with Collins-Rector around the estates swimming pool and

in the pool area were not allowed to wear clothes, Plaintiff was nude as was Defendant Singer. Collins-Rector ordered Plaintiff out of the pool, and Defendant Singer hugged Plaintiff and grabbed his bare buttocks. They then went to the jacuzzi where Collins-Rector had Plaintiff sit on his lap and fondled Plaintiffs genitals. Collins-Rector then passed Plaintiff to Defendant

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Singer and Plaintiff was made to sit on Defendant Singers lap. Defendant Singer provided an alcoholic beverage to Plaintiff and mentioned finding a role for him in an upcoming movie that he was directing. Defendant Singer told Plaintiff how this group controls Hollywood, and that he was sexy. Defendant Singer masturbated Plaintiff and then performed oral sex upon him. Defendant Singer solicited Plaintiff to perform oral sex upon him which Plaintiff resisted. Defendant Singer flagrantly disregarded Plaintiffs unwillingness to submit, and forced Plaintiffs head underwater to make Plaintiff perform oral sex upon him. When Plaintiff pulled his head out of the water in order to breathe, Defendant Singer demanded that he continue which

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Plaintiff was in the pool. In compliance with the rules imposed by Collins-Rector that people

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at Plaintiff and threatened to pull the trigger if his resistance to submitting to sexual contact

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Plaintiff refused. Defendant Singer then forced Plaintiff to continue performing oral sex upon him outside of the pool, and subsequently forcibly sodomized Plaintiff. 19. Defendant Singer visited the estate regularly and continued to sexually assault

Plaintiff. He coerced Plaintiff to masturbate him and to acquiesce to his masturbating Plaintiff, and to each performing oral sex on the other. Defendant Singer also continued to anally rape

Acts Of Sexual Abuse And Exploitation In Hawaii

On more than one occasion, Plaintiff was flown to Hawaii when he was 17 years

old. Two of these trips took place on or between August 1, 1999, and October 31, 1999, during which times his stay lasted roughly one week. Plaintiff stayed in the Paul Mitchell estate in

males. While there, the Paul Mitchell estate contained firearms, drugs, and alcohol. As in California, there was frequent sexual contact by a number of adult males with teenage males and the providing of alcoholic beverages and drugs to the young males. 21. On each occasion when Plaintiff was in Hawaii, he was required to interact with On more than one occasion, Defendant

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Defendant Singer while at the Paul Mitchell estate.

Singer provided him with drugs, including cocaine, a pill identified as green triangle which is believed to be a reference to the drug Ecstasy, Xanax, Rohypnol, pain pills believed to be Vicodin or Percocet, and alcoholic beverages. Defendant Singer promised acting roles to Plaintiff in an X-Men movie, in commercials, and in other of his projects, and professed that he would arrange for Plaintiff to audition for roles and projects in others productions. Often when Plaintiff dared to resist the demands of Defendant Singer, he threatened to report Plaintiffs refusals to Collins-Rector which frightened Plaintiff due to Collins-Rectors history of threatening harm to

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Kailua, Hawaii, with Collins-Rector, Shackley, and others, including a number of other juvenile

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Plaintiff. Defendant Singer similarly sexually assaulted Plaintiff at other locations.

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him and his family, his previous display of the firearm, his having previously locked Plaintiff in a gun closet, and the presence of firearms in the Paul Mitchell estate. 22. During the first of the above-referenced trips to Hawaii, Plaintiff was instructed

that he would spend the first two nights in a room with Defendant Singer. During the first night, Plaintiff took a long walk by himself. When he returned to the Paul Mitchell estate, he came

confronted Plaintiff for not having been available for him earlier and demanded that he undress. Defendant Singer frightened Plaintiff by pushing him into the pool, and rebuked Plaintiff for his attitude and reminded him that he was there to keep people happy. Defendant Singer put a handful of cocaine against Plaintiffs nose and forced him to inhale it. Defendant Singer then

consciousness and his motor skills. Defendant Singer then entered the pool where he nonconsensually masturbated Plaintiff and performed oral sex upon him. Defendant Singer caused Plaintiff to rub his erect penis against Defendant Singers buttocks. He forced Plaintiffs head underwater and made Plaintiff orally copulate him. He then caused Plaintiff to get out of the

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Plaintiff.

pool and lie face down on a lounge chair. To continue the sexual assault, Defendant Singer spit on Plaintiffs buttocks, spanked him, and forced a handful of cocaine onto Plaintiffs face. He then anally raped Plaintiff. He subsequently caused them to go to the jacuzzi where he provided another beverage to Plaintiff. Defendant Singer attempted to insert his penis into Plaintiffs mouth which Plaintiff resisted, but he ultimately was able to force his penis into Plaintiffs mouth. Defendant Singer then assisted Plaintiff to their room where he again anally raped

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provided Plaintiff with a beverage which he drank which significantly impacted his

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across Defendant Singer who was in the pool area. Defendant Singer verbally and loudly

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23.

The next night when Plaintiff went to take a shower after forced sexual contact

with another adult, Defendant Singer entered the shower without Plaintiffs consent and stimulated Plaintiffs penis with his mouth and hand. Defendant Singer then induced Plaintiff to orally copulate him, followed by Defendant Singer anally raping Plaintiff. freely and voluntarily consent to participate in these sexual acts. Plaintiff did not

Mitchell estate in Hawaii, Defendant Singer came to Plaintiffs room and demanded that Plaintiff orally copulate him as well as submit to being orally copulated, and Plaintiff complied. Also during that trip, Defendant Singer anally raped Plaintiff approximately three times, one time being so painful that Plaintiff became tearful. On other occasions Defendant Singer compelled

freely and voluntarily consent to being sexually assaulted and exploited as he was. 25. Upon information and belief, Collins-Rector was criminally prosecuted and

convicted of crimes stemming from the sexual abuse of another young male in a similar manner and under similar circumstances, and is now a registered sexual offender.

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26. 27.

lawsuits filed against them based upon having sexually abused or assaulted other underage males in a similar manner and under similar circumstances. As an actual, legal, and proximate result of the sexual abuse of Plaintiff by

Defendant Singer, Plaintiff has suffered, is suffering, and will continue to suffer: a) severe psychological, mental, and emotional injuries and trauma; b) expenses for counseling and therapy for the psychological, mental and emotional injuries and trauma; c) loss of enjoyment of life; d) shame, humiliation, and indignity; and e) substantial future expenses for counseling.

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Plaintiff to orally copulate him and to be orally copulated by Defendant Singer. Plaintiff did not

Upon information and belief, Collins-Rector and Chad have had other civil

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24.

During the first evening of the second of the above-referenced trips to the Paul

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28.

Defendant Singers sexual exploitation and abuse of Plaintiff in Hawaii was

accomplished through the employment of threats, intimidation, the administration of mindaltering substances, and fraudulent inducements to obtain Plaintiffs submission. Defendant Singer acted wantonly, oppressively, or with such malice as implied a spirit of mischief or criminal indifference to civil obligations. Defendant Singers actions in sexually exploiting and

raise the presumption of a conscious indifference to consequences.

COUNT I (Intentional Infliction of Emotional Distress) 29. 30.

Plaintiff repeats and restates the facts set forth in paragraphs 5 through 28 above. One or more of the acts of Defendant Singer which caused the egregious harm

that Plaintiff has suffered were intentional, were outrageous, and did cause extreme emotional distress to Plaintiff.

WHEREFORE, Plaintiff demands against Defendant Singer an amount exceeding $75,000.00 for: 1) compensatory damages; 2) punitive and exemplary damages; 3) costs of the

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suit; 4) reasonable attorneys fees; 5) post-judgment interest as permitted by law; and 6) such other and further relief as the Court may deem proper. COUNT II (Battery)

cause a nonconsensual, harmful, or offensive contact with Plaintiff, and the contact did occur. WHEREFORE, Plaintiff demands against Defendant Singer an amount exceeding $75,000.00 for: 1) compensatory damages; 2) punitive and exemplary damages; 3) costs of the

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Plaintiff repeats and restates the facts set forth in paragraphs 5 through 28 above. On one or more separate occasions, Defendant Singer did act with the intent to

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abusing Plaintiff involved or included willful misconduct or that entire want of care which would

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suit; 4) reasonable attorneys fees; 5) post-judgment interest as permitted by law; and 6) such other and further relief as the Court may deem proper. COUNT III (Assault) Plaintiff repeats and restates the facts set forth in paragraphs 5 through 28 above. On one or more occasions Defendant Singer acted with the intent to cause a

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nonconsensual harmful or offensive contact with, or apprehension thereof by, Plaintiff, and Plaintiff did apprehend an imminent contact of his person by Defendant Singer.

WHEREFORE, Plaintiff demands against Defendant Singer an amount exceeding $75,000.00 for: 1) compensatory damages; 2) punitive and exemplary damages; 3) costs of the suit; 4) reasonable attorneys fees; 5) post-judgment interest as permitted by law; and 6) such other and further relief as the Court may deem proper.

35. 36.

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solitude or seclusion of Plaintiff by intentionally intruding, physically or otherwise, upon the private affairs or concerns of Plaintiff, or upon Plaintiffs solitude or seclusion, which intrusions would be highly offensive to a reasonable person. The private affairs or concerns, or solitude or seclusion, of Plaintiff which were unreasonably intruded upon by Defendant Singer include, but are not limited to, his bodily integrity, and his sexual choices. WHEREFORE, Plaintiff demands against Defendant Singer an amount exceeding $75,000.00 for: 1) compensatory damages; 2) punitive and exemplary damages; 3) costs of the

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COUNT IV (Invasion of Privacy by Unreasonable Intrusion)

Plaintiff repeats and restates the facts set forth in paragraphs 5 through 28 above. On one or more occasions Defendant Singer unreasonably intruded into the

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suit; 4) reasonable attorneys fees; 5) post-judgment interest as permitted by law; and 6) such other and further relief as the Court may deem proper. FILING OF CERTIFICATE OF MERIT 37. Pursuant to HRS 657-1.8(d), Plaintiff has obtained and is filing a certificate of

merit with the Clerk of the United States District Court for the District of Hawaii. The manner of the filing of the certificate of merit is subject to a ruling by this Court pursuant to Plaintiffs

Format.

DEMAND FOR JURY TRIAL Plaintiff demands a jury trial in this action. Dated: April 16, 2014.

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Respectfully submitted, Mark F. Gallagher Hawaii Bar No.: 6016 66 Kaiholu Place Kailua, Hawaii 96734 [email protected] (808)535-1500 By: _/s/ Mark F. Gallagher____ Mark F. Gallagher HERMAN LAW 3351 NW Boca Raton Boulevard Boca Raton, FL 33431

Motion For Leave Of Court To File Certificate of Merit Under Seal In A Traditional Paper

Tel: 305-931-2200 Fax: 305-931-0877 www.hermanlaw.com Jeff Herman Florida Bar No. 521647 [email protected] (pending application for pro hac vice admission) Dennis E. Siegel Florida Bar No. 258131 [email protected]

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(pending application for pro hac vice admission) Lee Gill Cohen Florida Bar No. 825670 [email protected] (pending application for pro hac vice admission)

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