PLAINTIFFS SECOND AMENDED COMPLAINT

Jane Doe

Attorneys’ Business Address

City, ST ZIP Code

Phone | Fax

Email

commonwealth of massachusetts

superior court department

barnstable, ss

jane doe,Plaintiff,vs.cape cod conference center d/b/a zachary’s pub; and christina stankevich in her capacity as the personal representative of the estate of richard halpern,Defendants Case No.: 2172CV00289(PROPOSED) PLAINTIFF’S SECOND AMENDED COMPLAINT

NOW COMES Jane Doe, Plaintiff, and files this Motion against Cape Cod Conference Center d/b/a Zachary’s Pub and Christina Stankevich in her capacity as the personal representative of the Estate of Richard Halpern, and for cause would show this Honorable Court as follows:

  1. PARTIES
  2. Plaintiff Jane Doe is a female adult of sound mind and a resident of the Commonwealth of Massachusetts. She was an employee of Zachary’s Pub from 2012 to 2019.
  3. Defendant Cape Cod Conference Center is registered with the Secretary of State and Better Business Bureau. It ran and operated Zachary’s Pub under liquor license no. 00013HT-0670.
  4. Defendant Christina Stankevich is being sued in her capacity as the personal representative of the Estate of Richard Halpern. Richard Halpern was the proprietor of Cape Cod Conference Center and is now deceased.
  • FACTUAL BACKGROUND
  • Richard Halpern exploited women, illegally.
  • Jane Doe was severely bullied and harassed.  The Cape Cod Conference Center, Inc.  Zachary’s Pub created a hostile work environment.
  • Jane Doe was employed by the Cape Cod Conference Center, Inc. from 2012 – 2019.
  • In addition to the written terms of the Plaintiff’s employment with the Cape Cod Conference Center, Inc.
  • The defendant would not provide the Plaintiff with an anti-hostile working environment, free from sexual exploitation, trafficking, and harassment by her superiors and co-workers.
  • The Plaintiff’s entitlement to working facilities with the Cape Cod Conference Center, Inc. would not be influenced by and/ or affected by the Plaintiffs refusal to succumb by her superiors, co-workers, patrons, or any third party.
  • The plaintiff worked 13+ hour shifts, consecutively.  24 hours on the premises of the building. She received No Overtime. No Benefits. No Sick Days Off. No Vacation. No Excuses. No Dental. No Medical.  The                                                                                                                                     plaintiff was physically injured while performing her duties.  Drugged while at work. Sexually/ Physically assaulted. Other; claims associated with the Cape Cod Conference Center, Inc.                                
  • On diverse dates between 2012 – 2019, Richard Halpern, the owner of the Cape Cod Conference center, Inc. ignored the Plaintiff’s concerns of sexual exploitation, harassment, trafficking, unwelcome sexual             advances to the Plaintiff.
  • Zachary’s Pub was all over CNN, ABC, News, etc when 3 Afghanistan soldiers were reported missing September 22, 2014.    
  • The owner was negligent toward the safety & privacy of the employees.     
  • The plaintiff immediately took herself off the schedule due to privacy concerns.
  • The Plaintiff avers that she was discriminated against because of her sex, female in violation of Title VII of the Civil Rights Act of 1964, as amended.
  • The Plaintiff further contends that while under the Cape Cod Conference Center, Inc. employment, she was subjected to illegal tip sharing, an unhealthy work environment, harassment, cyber electronic hacking and terrorizing.
  • Further that, the Cape Cod Conference Center, Inc. engaged in actions or inactions that amounted to Invasion of Privacy, negligence, and intentional torts against the Plaintiff.
  • On 12/ 10/ 2016 Plaintiff, Jane Doe filed a police report for “harassment by communication.”
  • The Cape Cod Conference Center, Inc. had a policy that prohibited picture and/ or video recording.  However, the Cape Cod Conference Center, Inc. and its management not only ignored activity, it was encouraged at times by the “CCCC”.
  • Following the encouraging, harassment ignoring the posted policy by the Cape Cod Conference Center, Inc. Zachary’s Pub.  The Plaintiff suffered a series of electronic hacking.  For instance, July 28, 2017 The Plaintiff’s house line called a customer’s cell phone while she was at work.  The cell phones were hacked.
  • Further, the Plaintiff has not been able to own various electronics such as smartphones without her privacy being breached and invaded.
  • The Plaintiff, states that the harassment, cyber electronic hacking and terrorizing has escalated putting her life in danger and those of her loved ones.  For instance, April 28, 2019 (Jane Doe’s Birthday). The Plaintiff’s disabled sister, while out for a walk, was anonymously followed and pictures taken.  The photos were then sent to the               Plaintiff’s disabled sisters phone by the stalker, with a message that read, “Hi, This is John Doe”.
  • The Plaintiff filed another police report when the Cape Cod Conference Center, Inc, was immediately sold & closed down.
  • However, the Plaintiff has continued to face harassment daily and her life has been put in constant danger.
  • The Plaintiff’s teeth have been knocked out, and has a lip laceration stitched up.
  • In addition, there are fraudulent accounts that have been created under her legal name including adult sites which continue to expose her to danger.
  • The Plaintiff has reported the business to the Federal Trade Commission, FBI.
  • The Plaintiff is a whistleblower for the Cape Cod Conference Center, Inc.
  • As a result of the above, the Plaintiff has suffered physical injuries, risk of death, severe emotional distress, the destruction of her career and reputation, the loss of her livelihood, and other financial and non-pecuniary damages.

FIRST CAUSE OF ACTION

Declaratory Relief against the Defendant

  • The Plaintiff repeats and realleges all the contents of paragraph 1 to 29 of this Complaint as though set forth in full.
  • The Plaintiff avers that by failing to take action against its clients who violated its policy prohibiting photo and/ or video recording, the Cape Cod Conference Center, Inc actions and/ or inactions caused the intentional intrusion upon the Plaintiff’s private affairs and concerns.  That this intrusion would be highly offensive to a reasonable person and was unwarranted and unjustified.  Specifically, the Cape Cod Conference Center, Inc.  allowed/ enabled the hacking of the Plaintiff’s personal details including contacts and location of her residence which information the anonymous hackers used to cause further breach of privacy.
  • As a result, the Plaintiff suffered injury as a proximate cause of such intrusion.
  • The Plaintiff contends that the Cape Cod Conference Center, Inc. have acted negligently towards her, allowed her to be slandered and intentionally and/ or negligently inflicted emotional distress upon her.

SECOND CAUSE OF ACTION

Invasion Of Privacy against the Defendant

  • The Plaintiff repeats and realleges all the contents of paragraphs 1 – 33 of this complaint as though set forth in full.
  • The right of privacy is enshrined by the Massachusetts Constitution Article I, Section I.  The statutory right to privacy is also protected under 1B of Chapter 214 of Title I of Part III of the Mass. Gen. Laws (the General Right to Privacy Laws), which provides that “[a] person shall have a right against unreasonable, substantial or serious interference               with his privacy.”  Further, Massachusetts recording law stipulates that consent must be obtained by all contributing parties. Mass. Ann. Laws. ch. 272, 99(c) prohibits and criminalizes the use of any device to record and/ or disseminate communications, whether they’re wire, oral or electronic, where all contributing parties have not consented.
  • At all material times herein mentioned and up to including the present, the Plaintiff had a legally protected interest in her privacy and the right to be free.  The right to privacy is a fundamental human right long respected and protected by Massachusetts Courts.
  • At all material times herein mentioned and up to and including the present the Plaintiff had a reasonable expectation of privacy, and at no time expected that Cape Cod Conference Center, Inc. would allow/enable/encourage photo or video recording of the Plaintiff by the

clients or co-workers of the Cape Cod Conference Center, Inc.

  • The conduct of the Cape Cod Conference Center, Inc enabling or inaction against violation of their filing policy as described herein, constituted a serious Invasion of Plaintiff’s right to privacy, and was an egregious breach of social norms that subjected Plaintiff to harassment, stalking, cyber hacking, and extreme emotional distress.
  • As a proximate cause of the conduct, the Plaintiff has suffered emotional distress, mental suffering, and Invasion of her Constitutional right to privacy in a sum that is presently ascertainable.
  • The actions or inactions of the Cape Cod Conference Center, Inc were willful, wanton, malicious, and oppressive, and justify an award of exemplary and punitive damages.

THIRD CAUSE OF ACTION

Intentional infliction of Emotional Distress

  • The allegations set forth in paragraphs 1 – 40 are realleges and incorporated herein by reference.
  • The conduct set forth herein above was extreme and outrageous and abuse of the authority and position of the Cape Cod Conference Center, Inc. and each of them.  Said conduct was intended to cause severe emotional distress, or was done in conscious disregard of the probability of causing such distress.  Said conduct exceeded the inherent risks of the Plaintiff.
  • The Cape Cod Conference Center, Inc abused the position of authority toward the Plaintiff, and engaged in conduct intended to make the Plaintiff a target of harassment and violence against women, directly injured the Plaintiff by their actions or inactions towards violation of the Plaintiff’s privacy.
  • The foregoing conduct did in fact cause Plaintiff to suffer extreme emotional distress.  As a proximate result of said conduct, Plaintiff suffered embarrassment, anxiety, humiliation and emotional distress, and, continues to suffer emotional distress.

DAMAGES

  • The Plaintiff respectfully requests the following damages to be considered separately and individually for the purpose of determining the sum of money that will fairly and reasonably compensate her for:
  • All compensatory and economic damages
  • Mental anguish suffered
  • Future investigative & legal fees
  • Pre- Judgement and Post Judgement Interest
  • The Plaintiff is requesting a fair settlement.

EXEMPLARY DAMAGES

  • The Cape Cod Conference Center, Inc exposed the Plaintiff to an extreme degree of danger, considering the probability and magnitude of harm occasioned to her loved ones.
  • Furthermore, the Cape Cod Conference Center, Inc. conduct was willful, intentional, and malicious.  The actions or, inactions illustrate not only an attitude of conscious indifference for the rights, safety, and welfare of the Plaintiff, but also show their actual and subjective

awareness of the dangers of such conduct.

  • Nevertheless, The Cape Cod Conference Center, Inc proceeded intentionally or with a conscious indifference to the rights, safety, or welfare of others.  Therefore, The Cape Cod Conference Center, Inc actions and to deter such actions in the future.  The Plaintiff prays for a fair settlement.

PRAYERS

  • The Plaintiff, Jane Doe prays for judgement jointly and severally against the Cape Cod Conference Center, Inc. as follow:
  • That the Plaintiff Motion for Leave to File Amended Complaint be allowed.
  • That the Plaintiff be permitted to file and serve an amended complaint.
  • That judgement be entered against the Cape Cod Conference Center, Inc. with interest on the judgement of the legal rate, prejudgment interests, costs of court and for such other relief, both in law and equity to which the Plaintiff may show herself justly entitled.

Dated this ____ day of ________________, 2021.

Respectfully Submitted,

___________________________________

Jane Doe,

Plaintiff in pro per

VERIFICATION

I, Jane Doe, being duly sworn depose and say that I am the Plaintiff in the above-entitled action, that I have read the foregoing (Proposed) Second Amended Complaint and know the contents thereof. That the same is true of my own knowledge except as to those matters and things stated upon information and belief, and as to those things, I believe them to be true.

_________________________________

(Sign in the presence of a Notary Public)

Sworn to and subscribed before me this ___ day of ___________________, 2021.

______________________________

Notary Public

________________________________________

(Printed name of Notary Public)

My Commission Expires: ____________________

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