FILED: NEW YORK COUNTY CLERK 03/08/2011

NYSCEF DOC. NO. 1

INDEX NO. 650598/2011 RECEIVED NYSCEF: 03/08/2011

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK PATRICIA CARUSO, Plaintiff, v. NANCY GRACE, Defendant. TO THE ABOVE NAMED DEFENDANT: You are hereby summoned and required to serve upon plaintiffs attorney an answer to the complaint in this action within twenty (20) days after service of this Summons upon you, exclusive of the day of service, or within thirty (30) days after service is complete if this Summons is not personally delivered to you within the State of New York. In the case of your failure to answer, judgment will be taken against you by default for the relief demanded in the annexed complaint. Dated: New York, New York March 8, 2011 CLARICK GUERON REISBAUM LLP By: /s/ Gregory A. Clarick Gregory A. Clarick Isaac B. Zaur SUMMONS Plaintiff designates New York County as the place for trial. The basis for venue is that Defendant resides in New York County. Index No. __________________

40 West 25th Street New York, New York 10010 Phone: (212) 633-4310 Fax: (646) 478-9484 Attorneys for Plaintiff Patricia Caruso

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK PATRICIA CARUSO, Plaintiff, v. NANCY GRACE, Defendant. Plaintiff Patricia Caruso, through her undersigned counsel, as and for her Complaint against defendant Nancy Grace alleges as follows: Nature of the Action 1. This action arises out of defendant Nancy Graces failure and refusal to abide by Index No.: __________________ Date Purchased: March 8, 2011 COMPLAINT

her contractual agreement to develop a syndicated television series that Grace would host and for which plaintiff Patricia Caruso would serve as executive producer. Grace breached that agreement when she agreed to host Swift Justice with Nancy Grace without Caruso acting as executive producer of the series. Caruso brings this action to recover millions of dollars in damages that she has suffered as a direct result of Graces unlawful, unjust conduct. 2. In early 2008, Patricia Caruso and Nancy Grace agreed to create together a law-

themed syndicated television series featuring Grace as host, with Caruso as the executive producer. The series would capitalize on Graces name-recognition and Carusos production, development, and marketing abilities in the entertainment industry. Grace committed to cooperate in the development of the series and promised not to proceed unless Caruso was retained and credited as an executive producer.

3.

Caruso upheld her end of the bargain. She worked tirelessly and successfully to

develop, market, and sell a syndicated television series featuring Grace all in support of her future role as executive producer of the series. She designed a series, supervised agents who deployed industry contacts to pitch various versions of the series, coordinated efforts to meet with several networks, including by coordinating the key meeting with CBS Television Distribution (CBS) that led to the creation of Swift Justice with Nancy Grace, and provided countless hours of strategic advice to Grace about how to develop the syndicated series and negotiate a deal for it. 4. All the while, for over a year, Grace repeatedly affirmed her contractual

commitment to Caruso. Emails, telephone calls, in-person discussions, and text messages consistently corroborate Graces promise to collaborate with Caruso and not to proceed without her. For example, in a telephone call on January 27, 2009, Grace told Caruso that she would not do any syndicated series without her; on January 29, 2009, Grace told her lawyer by telephone that I will not do any deal without Patty; and, on September 14, 2009, Grace emailed her lawyer and instructed him that she could not proceed unless Caruso also had a deal in place: Before I sign deal I hav[e] to have . . . patty in place. 5. Despite Carusos substantial efforts and Graces near constant reassurances, in the

Spring of 2010, Grace turned her back on her promise. At the last moment, Grace dropped Caruso and agreed to host Swift Justice with Nancy Grace, a syndicated television series to be produced by CBS, without Caruso as executive producer. Grace reneged on her commitment to proceed only with Caruso as executive producer, maximizing her own financial interest in Swift Justice and depriving Caruso of her right to serve as an executive producer of what promises to be a highly lucrative syndicated television series.

6.

Swift Justice with Nancy Grace launched in Fall 2010, was the highest rated new

syndicated television series of the season, and is poised to enrich its host, producers, and owner for years to come. By proceeding without Caruso, Grace breached her promise and caused Caruso many millions of dollars of damages. Caruso brings this action to recover her losses and to correct the injustice Grace wrought when she broke her word and proceeded with Swift Justice without Caruso. The Parties 7. Plaintiff Patricia Caruso is an individual residing in Northport, New York.

Caruso is the founder of Ashwells Entertainment, a production and public relations firm. Previously, Caruso worked in the entertainment industry for three decades for, among others, Universal Studios, Paramount Pictures, and Court TV. Caruso has received numerous industry honors, including the Max Weinberg Award for her work in connection with the Academy Award-winning films Braveheart and Forrest Gump. 8. Defendant Nancy Grace is an individual residing in New York County, where she

owns an apartment on the East Side of Manhattan. Grace is a former attorney and the host of a nightly legal analysis series on Headline News (a division of CNN). She currently also hosts the daily, syndicated television series Swift Justice with Nancy Grace. Jurisdiction and Venue 9. This Court has personal jurisdiction over Grace, pursuant to C.P.L.R. 301,

because Grace resides in this State and, pursuant to C.P.L.R. 302(a), because Grace regularly transacts business within this State, has contracted to supply services within this State, and owns and uses real property situated within this State, including her Manhattan residence.

10.

Venue is properly laid in New York County, pursuant to C.P.L.R. 503, because

Grace resides in this County, where the contract at issue in this matter was formed and where a substantial part of the other acts and transactions alleged herein took place. Factual Background In Early 2008, Caruso and Grace Initially Discuss a Syndicated Series 11. Caruso and Grace first met in 2002, when they were both working for the cable

television channel Court TV (now TruTv). 12. During and after the period when they were working for Court TV, Caruso and

Grace became personal friends and professional colleagues. Over the ensuing years, Caruso supported Grace both personally and professionally. 13. Since leaving Court TV, Grace has continued to work at CNNs Headline News

as a legal commentator and host of a nightly television series bearing her name. 14. When Graces contract with CNN came up for renewal in 2006-07, Caruso

provided Grace significant advice concerning her renegotiation. Caruso advised Grace, at her New York apartment and in the presence of Graces mother, to insist upon a carve-out provision permitting her to appear in a syndicated television series. At that time, Caruso explained to Grace the creative and financial possibilities that such a series could provide. With Carusos urging and guidance, Grace did insist upon and did receive the right in her renewed CNN contract to appear in a syndicated television series. 15. Over the course of 2007, after Grace renewed her CNN contract, Caruso and

Grace frequently discussed the possibility of collaborating on a syndicated television series featuring Grace. These early discussions were inconclusive, and Grace explored some possibilities for such a series unilaterally. Those efforts did not succeed.

Grace and Caruso Agree To Create a Series Together 16. In early 2008, Caruso and Grace held a lunch meeting at the Jubilee Restaurant at

347 East 54th Street in Manhattan. 17. During the meeting at Jubilee, Caruso and Grace once again discussed

collaborating on a law-themed syndicated series featuring Grace. 18. Before the meeting, Caruso had created a treatment describing the themes and

structure for one such possible series. Caruso brought this treatment, which bore the working title Graces Cases, to the Jubilee meeting. That treatment proposed to feature Nancy Grace as a host of a law-themed syndicated television series in which Grace would assist individuals in resolving their legal issues by enrolling lawyers, investigators and other experts to litigate or otherwise pursue their cases. 19. After discussing the Graces Cases treatment, potential alternative formats, and

the current market for a series hosted by Grace, Caruso and Grace reached an agreement (the Agreement) to work together to create a syndicated television series either on the model of Graces Cases or on another model capitalizing on Graces name-recognition and Carusos production, development, and marketing abilities. 20. Specifically, in their discussion, Caruso agreed: a) To develop and/or assist in the development of a concept for a law-themed syndicated series featuring Grace (the Series). b) To market the Series to appropriate buyers or financiers, including broadcast television networks. c) To serve as an executive producer of the Series. 21. In exchange for Carusos commitments, Grace specifically agreed: a) To cooperate in the development, production, and marketing of the Series, including attaching her name to the Series and attending meetings to market and sell the Series. 5

b) To proceed with the Series only in the event that Caruso were retained and credited as an executive producer. c) To host the Series. 22. The title and role of executive producer are uniformly recognized in the

television industry. Both parties were aware of the title and role of an executive producer when they reached their Agreement. An executive poducers duties and obligations typically include, among other things, involvement in developing the format and look of the series, marketing and publicity for the series, selecting a show runner, selecting and overseeing a production team, supervising selection of supplemental cast, and overseeing the production of individual segment concepts, including the booking of guests. 23. The Agreement did not cover just a series based upon Carusos Graces Cases

treatment, but rather any daytime, syndicated Series that Grace would host. At Jubilee, Caruso and Grace explicitly discussed the reason for making an agreement broad enough to cover other formats for the Series: While they intended to propose Graces Cases, Caruso and Grace understood that in developing and marketing the Series, another format could prove more attractive to network executives. Indeed, at their meeting, Caruso and Grace specifically discussed other potential formats and, accordingly, agreed that their Agreement covered the Series in whatever format gained traction in the market. Caruso Dedicates Substantial Efforts To Creating and Selling the Series 24. Immediately after the Jubilee meeting, and continuously thereafter, Caruso

performed her obligations under the Agreement by dedicating substantial efforts to creating the Series that would feature Grace.

25.

Among other things, in the weeks and months after the formation of the

Agreement, Caruso revised and re-worked numerous versions of the Graces Cases treatment that she and Grace had reviewed and discussed at Jubilee. 26. Early in the development of the Project, Caruso communicated with Eric Schotz,

President and CEO of LMNO Productions, to gauge the likely level of industry interest in the Series, especially among television networks that were potential buyers and broadcasters. Caruso and Grace, together, met with Schotz at CNNs offices in New York City to discuss various show concepts and his plan to try to sell the Series for Grace and Caruso. At the meeting, Grace noted that the Series format was not set and did not have to follow the Graces Cases treatment. Grace also told Schotz that she and Caruso were a team and that he could communicate directly with Caruso about the Series. 27. Caruso communicated with several talent agents about the proposed series, as

Caruso and Grace looked to enroll a talent agency to represent them. She spoke with agents at the William Morris Agency and Endeavor Talent Agency (two agencies that later merged in 2009). 28. In or about October 2008, Caruso enlisted the assistance of Shannon Murphy,

CEO of Encounter Studios to pitch Graces Cases to representatives of CBS in Los Angeles. 29. Throughout this period, Caruso regularly strategized with Grace through dozens

of communications including in-person meetings, telephone calls, emails and texts about evolving concepts for the Series and how best to leverage network interest. 30. Caruso made all of these efforts in furtherance of the Agreement to create and

market the Series, which Grace would host and for which Caruso would serve as executive producer.

Caruso and Grace Pitch the Series To CBS Television Distribution 31. In December 2008, acting under Carusos direction and authority, Shannon

Murphy of Encounter Studios met in Los Angeles with Abra Potkin, CBSs Vice President of Programming and Development, and presented a treatment for Graces Cases. That treatment expressly identified Caruso as an executive producer of the Series. 32. Immediately after the meeting, Murphy called Caruso and reported that CBS had

responded enthusiastically and wanted to pursue the Series. Caruso then added Grace to the call, so that the three could discuss the news. Grace expressed her appreciation and excitement. Grace and Caruso also had a follow up discussion, without Murphy, in which Grace and Caruso discussed potential production teams, and Grace requested that Caruso add CNN producer Dean Sicoli to the team. Grace then asked her attorney, Lawrence Shire, to contact Caruso to discuss the status of a CBS contract; when they spoke, Caruso told Shire that CBS wanted to meet Grace before making a formal offer. 33. Following Murphys meeting with CBS in Los Angeles, CBS in fact requested a

meeting in New York with Grace personally to discuss the Series. As a result, a meeting was held on January 13, 2009. CBS representatives at this meeting were Abra Potkin and Terry Wood, President of Creative Affairs and Development. Both Caruso and Grace attended this meeting, as did Dean Sicoli and Jim Kellem, the latter representing Shannon Murphy. Before the meeting, Murphy had specifically confirmed to CBS that Caruso would attend as an executive producer of the Series. 34. Caruso and Grace communicated extensively in advance of the January 13, 2009

meeting. In the course of those communications, Caruso cautioned Grace by email that CBS might have their own ideas [for a syndicated series] besides Graces Cases.

35.

Carusos prediction proved prescient. At the meeting, CBSs Wood indicated for

the first time that CBS was not interested in the hour-long Graces Cases format, expressing a preference for a similar series with a half-hour format in the court genre, with Grace as the judge resolving cases (but without a robe). 36. Caruso and Grace agreed to consider Woods suggestion, and all present

including Caruso, Grace, Wood, and Potkin discussed the range of cases that might be presented in that potential format as they focused on the development of the Series along the lines of Woods proposal. 37. Further, at the meeting, Grace instructed CBS that Caruso was a key part of the

team for the Series and would take the lead on communicating with the network for the next development meeting regardless of the ultimate format of the Series. CBSs Potkin acknowledged that the team comprised Caruso, Grace and Sicoli, and advised that she would set up the next development meeting as a conference call. 38. Swift Justice emerged as the direct result of the events Caruso set in motion with

the Graces Cases treatment and with the December 2008 and January 2009 meetings with CBS. Grace Repeatedly Affirms the Agreement Regarding Carusos Executive Producer Role 39. Following the January 13, 2009 CBS meeting and over the next year, Grace

repeatedly and consistently affirmed and never disavowed the Agreement, with the promise of Caruso becoming executive producer of the Series regardless of the Series format. 40. In a telephone call on January 27, 2009, for example, Grace expressly told Caruso

that she would not do any syndicated series without her. 41. Later on January 27, at Carusos suggestion, Caruso and Grace agreed that Sean

Perry at Endeavor Talent Agency would represent Caruso and Grace in negotiations with CBS.

That same day, Perry sent an email to Terry Wood at CBS confirming that he (and hence Endeavor) would be representing Caruso, Grace, and Dean Sicoli. He stated unambiguously that he would call Wood on behalf of Nancy, Dean and Patty. 42. Less than an hour later, Grace sent an email to Caruso, Perry and Abra Potkin of

CBS, confirming her own hope that, together, they could all come up with a great show concept. Grace further instructed that CBS could communicate with Grace through Caruso (u can always reach me thru Patty). 43. Two days later, on Thursday, January 29, 2009, Sicoli wrote to Caruso that Grace

had, in response to rumors that CBS wanted Caruso out of any deal with Grace, stated to her attorney: its the opposite I will not do any deal without Patty. 44. Later on January 29, Grace herself emailed Caruso assuring Caruso that Perry and

Graces attorney Lawrence Shire would handle CBS on Carusos behalf. 45. Over the following months, as Caruso and Grace awaited a formal proposal from

CBS, the two exchanged numerous emails concerning their strategy for negotiating a CBS deal, including strategy for insist[ing] on me [Caruso] and Dean [Sicoli] as EPs on the show. 46. On March 17, 2009, after a lull in communications from CBS, Grace emailed and

called Caruso to assure her that in accordance with the Agreement and in contrast to fears Caruso articulated that she might somehow be excluded from the Series Grace was, [n]ot keeping anything fr[om] you. 47. Additionally, given CBSs delay in making an offer, with Graces agreement,

Caruso instructed Perry to continue to shop the Series to other networks (in whatever format gained traction) and then supervised Perrys communications with these potential purchasers. In

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April and May 2009, Perry set telephone conference pitch meetings with executives of NBC and Fox in which Caruso, Grace, and Sicoli participated as a team. 48. Later in May 2009, CBS made Grace an offer to shoot a pilot for what would

become Swift Justice with Nancy Grace. Grace reported the development to Caruso in a telephone call and assured Caruso that she would be included in the development meetings for the pilot. Caruso and Graces discussions about the content of the Series continued up to and through the shooting of the pilot in early October 2009. 49. In these months, Grace also repeatedly told Caruso that she would not sign a

contract without Caruso in place as executive producer. Indeed, as the pilot approached and Graces contract negotiations with CBS intensified, Grace indicated every intention to abide by the Agreement. On September 14, 2009 (about two weeks before taping the pilot), Grace directed her counsel that Carusos deal must be secured before she executed her own deal with CBS. Grace unambiguously emailed her attorney: Before I sign deal I hav[e] to have . . . patty in place. . . . We said [wed] wait til the end and here it is. 50. Likewise, on September 25, 2009, counsel for Caruso stated to counsel for Grace

that Caruso expected, in accordance with the Agreement, to be credited and compensated as an executive producer. Counsel for Grace did not disagree and, instead, confirmed Graces (and Carusos) expectation that Caruso would have that role, stating that his client had gone to bat for Patty [in negotiations with CBS] in a huge way. 51. Shortly thereafter, during a September 29, 2009 telephone call, counsel for Grace

startlingly and for the first time asserted to counsel for Caruso that Grace had no contractual obligation to Caruso and was acting only out of friendship. Caruso immediately spoke with Grace and challenged that erroneous idea; in response, Grace contradicted her own counsel and

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assured Caruso: Patty, I in no way want you out of any deal that hopefully happens. Meanwhile, Grace advised Caruso that it remained premature to press CBS for the executive producer role to which Caruso was entitled, as the Series had yet to be sold for syndication. 52. In early October 2009, Caruso and Grace both flew to California (at Graces

request) for several days of meetings and taping of the pilot episode. At this time, Grace informed Caruso that CBS had not yet settled on the Series concept, said that she wanted Caruso present for development of the pilot and, in fact, paid Carusos travel costs to ensure she was present for that purpose. 53. At the pilot shoot, Caruso contributed to the development of the production.

Caruso met with and offered her views to wardrobe personnel. Caruso met with stylists to set Graces hair and makeup. Caruso collaborated with Sicoli on the stage set and placement of the parties to the cases. Caruso weighed in on the lighting. Caruso was present on the soundstage during the entire three-day shoot, repeatedly responding to Graces queries, Patty, what do you think? 54. During all these months, Grace repeatedly affirmed the Agreement and never

once stated that the Agreement was inapplicable for any reason confirming Carusos expectation that she would serve as an executive producer consistent with the Agreement. After Swift Justice Sells, Grace Affirms The Agreement Yet Again 55. On December 2, 2009, news broke that CBS had sold Swift Justice with Nancy

Grace in 80 percent of the U.S. syndicated television market. 56. Soon after the announcement, Grace, Caruso, and their husbands went to dinner,

at Primola Restaurant in Manhattan, to celebrate. At the dinner, Grace and Caruso discussed

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plans for the Series, and Grace noted that hosting a syndicated television series with Caruso as her producer was the realization of a dream. 57. In the immediate aftermath of the December 2 announcement, Grace also sent

Caruso a flurry of assurances indicating that Grace would honor the Agreement. 58. In an exchange on December 2, 2009, Grace excitedly emailed Caruso, urging her

to have her counsel contact Graces counsel to arrange for negotiating Carusos deal and get the ball rolling! When Caruso once again articulated her expectation that she (and Sicoli) would be credited and compensated as co-executive producers, Grace expressed neither surprise nor disagreement. 59. Three days later, on December 5, 2009, Grace assured Caruso that consistent

with Graces obligations under the Agreement Grace had insisted that CBS include Caruso on the Series as part of Graces deal. 60. Caruso and Grace spoke on the morning of December 12, 2009, at which time

Grace promised to insist to CBS that it immediately bring Caruso on as executive producer. 61. On December 15, 2009, as Caruso continued to await confirmation from CBS of

her executive producer role for the Series, Grace repeatedly emailed Caruso, claiming that she had reached out to CBS on Carusos behalf and had received assurances that, [n]o one [was] being cut out. 62. During a conference call on December 22, 2009, Grace again directed her

attorney that Caruso was to be an executive producer on Swift Justice. Graces attorney responded that Caruso should be able to make that deal. 63. On January 14, 2010, in advance of a scheduled meeting between Caruso and

CBS, Grace emailed Caruso to encourage her that, It is going to work!!!

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64.

After the postponement of the January 14, 2010 meeting, Grace informed Caruso

on February 25, 2010, that Grace had called and emailed numerous people at CBS and that They are making u offer in next few days! 65. In none of these communications or in any other communications dating from

the 2008 meeting at Jubilee Restaurant through February 2010 did Grace ever disavow the Agreement or suggest, let alone state, that Caruso was entitled to anything less than an executive producer position on the Series. Grace Breaches the Agreement 66. As Spring 2010 approached, after two years of promises and assurances to

Caruso, Grace knowingly and deliberately breached the Agreement. Specifically, Grace agreed with CBS to host the Series, under the title Swift Justice with Nancy Grace, even as CBS refused to offer Caruso an executive producer position on the Series. 67. The first sign of Graces breach appeared in February 2010. On February 8, 2010

as Grace continued to shower Caruso with assurances that she would perform her obligations under the Agreement Caruso met with Abra Potkin of CBS for lunch at the Trattoria Del Arte Restaurant in Manhattan. 68. At that meeting, Potkin told Caruso that CBS was not considering Caruso for a

role as executive producer of Swift Justice. Potkin also said that, in CBSs extensive discussions with Grace about Graces own contract for Swift Justice, Grace never had insisted that Caruso be retained as an executive producer. Potkin thus revealed that Graces assurances were false. 69. Following Caruso and Potkins lunch, CBS made an offer to Caruso but not for

an executive producer position. Not even close. Instead, on March 5, 2010, CBS offered Caruso the title Executive, Talent and Audience Relations with compensation of $100,000 for one

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year, with a second year at CBSs option. While CBS never improved upon the offer, and in particular never offered Caruso an executive producer position for Swift Justice with Nancy Grace, Grace nevertheless proceeded with the Series with CBS in breach of her promises, her word, and the Agreement. 70. Caruso, at all times, has been ready, willing, and able to join Swift Justice with

Nancy Grace as an executive producer, with appropriate credit, and to perform the responsibilities of that role. Graces Breach Has Caused Caruso Millions of Dollars of Damages 71. By agreeing to host Swift Justice with Nancy Grace despite CBSs refusal to offer

Caruso an executive producer position on the Series, Grace deprived Caruso of her valuable, bargained-for rights. 72. Swift Justice launched in Fall 2010, and debuted as the highest rated new

syndicated television series of the Fall 2010 season. 73. Falling within the Agreement by any measure, Swift Justice is a law-themed

television series featuring Nancy Grace as host. Indeed, Swift Justice in which Grace acts as judge, deciding individuals legal issues is the direct outgrowth of the parties Jubilee Restaurant meeting in early 2008, Carusos Graces Cases treatment, and the meetings that Caruso facilitated with CBS in December 2008 and January 2009. 74. Successful syndicated television series like Swift Justice often remain in

production for many years. 75. Were she an executive producer of Swift Justice with Nancy Grace, Caruso would

reasonably expect to be compensated consistent with industry standards, namely with a fee in the range of ten percent (10%) of the show budget per week and back end compensation in the

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range of ten percent (10%) of the modified adjusted gross revenue (MAGR) for the life of a television series. 76. Swift Justice, on information and belief, has a budget in excess of $200,000 per

week. Accordingly, as a direct result of Graces breach of the Agreement, Caruso has been deprived of the opportunity to be compensated at no less than $20,000 per week (i.e. 10% of no less than $200,000 per week) or $800,000 per year (based upon a 40 week per year schedule), for a period of years. 77. Swift Justices MAGR over the lifetime of the series is reasonably projected to

exceed one hundred million dollars ($100,000,000), if not many millions of dollars more. Accordingly, as a direct result of Graces breach of the Agreement, Caruso has been deprived of the opportunity to earn no less than $10 million as back-end compensation, if not many millions of dollars more. 78. In all, Graces breach of the Agreement has damaged Caruso in an amount no less

than $15 million. 79. Graces breach of the Agreement also has deprived Caruso of her contractual right

to receive industry-recognized credit as executive producer of a highly successful syndicated television series and of the professional opportunity to serve as executive producer of a highly successful syndicated television series. CAUSE OF ACTION (Breach of Contract) 80. Plaintiff Patricia Caruso repeats and realleges Paragraphs 1 through 79 of this

Complaint, as though fully set forth herein. 81. Caruso and Grace formed a binding and enforceable contract at their meeting at

Jubilee Restaurant in early 2008.

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82.

In that discussion, Caruso agreed: a) To develop and/or assist in the development with Grace of a concept for a law-themed syndicated series featuring Grace (i.e., the Series). b) To market the Series to appropriate buyers or financiers, including broadcast television networks. c) To serve as executive producer of the Series.

83.

In exchange for Carusos commitments, Grace specifically agreed: a) To cooperate in the development, production, and marketing of the Series, including attaching her name to the Series and attending meetings to market and sell the Series. b) To proceed with the Series only in the event that Caruso were retained and credited as an executive producer. c) To host the Series.

84.

Caruso has performed her obligations under the Agreement at all times and

remains willing, ready and able to perform any obligations she has yet to perform. 85. Grace has breached the Agreement by entering into a contract with CBS and

proceeding to host Swift Justice with Nancy Grace, notwithstanding CBSs failure and refusal to retain and credit Caruso as an executive producer of the Series. 86. As a direct result of Graces breach of the Agreement, Caruso has been deprived

of her right to receive executive producer compensation in connection with the Series in the range of the industry standard, which is reasonably projected to exceed $15 million over the lifetime of Swift Justice. 87. As a direct result of Graces breach of the Agreement, Caruso also has been

deprived of her contractual right to receive valuable, industry-recognized credit as executive producer of a highly successful syndicated television series and of the professional opportunity

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to serve as executive producer of a highly successful syndicated television series, causing Caruso further damages. Prayer for Relief WHEREFORE, plaintiff Patricia Caruso respectfully prays that this Court enter judgment in her favor against defendant Nancy Grace on each and every count, and further that this Court: A. Award Caruso damages against Grace in an amount to be determined at trial, but no less than $15 million; B. Award Caruso such nominal, exemplary, or punitive damages against Grace as the Court may deem just and proper; C. Award Caruso her attorneys fees and costs incurred in connection with this action; D. E. Award Caruso interest in an amount to be determined by the Court; and Award Caruso such other and further relief as the Court shall deem just and proper.

Dated: New York, New York March 8, 2011

CLARICK GUERON REISBAUM LLP By: /s/ Gregory A. Clarick Gregory A. Clarick Isaac B. Zaur

40 West 25th Street New York, New York 10010 Phone: (212) 633-4310 Fax: (646) 478-9484 Attorneys for Plaintiff Patricia Caruso

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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK PATRICIA CARUSO, Plaintiff, v. NANCY GRACE, Defendant. Index No.: __________________ Date Purchased: March 8, 2011 JURY DEMAND

Plaintiff Patricia Caruso demands a trial by jury on all issues so triable.

Dated: New York, New York March 8, 2011

CLARICK GUERON REISBAUM LLP By: /s/ Gregory A. Clarick Gregory A. Clarick Isaac B. Zaur

40 West 25th Street New York, New York 10010 Phone: (212) 633-4310 Fax: (646) 478-9484 Attorneys for Plaintiff Patricia Caruso