Jermaine Carlos Diaz File Defamation Lawsuit Against Folksalert -

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Filing # 91884416 E-Filed 06/28/2019 06:10:47 PM                                                          IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA JERMAINE CARLOS DIAZ, Plaintiff, CASE NO: v. RAYON SHERWIN PAYNE d/b/a FOLKSALERT APP, Defendant. _______________________________/ COMPLAINT Plaintiff, JERMAINE CARLOS DIAZ, by and through the undersigned counsel, hereby sues Defendant, RAYON SHERWIN PAYNE d/b/a FOLKSALERT APP, and states as follows: PARTIES, VENUE, AND JURISDICTION 1.   This is an action for defamation and for damages in excess of $15,000.00, exclusive of attorney’s fees. 2.   Plaintiff, JERMAINE CARLOS DIAZ, is an individual who at all times material hereto has and continues to reside in Harris County, Texas. 3.   Defendant, RAYON SHERWIN PAYNE, is an individual who at all times material hereto has and continues to reside in Orange County, Florida at the address of 8815 Conroy Windermere Rd., Orlando, FL 32835. 4.   Venue is proper in Orange County, Florida pursuant to § 47.011, Fla. Stat. because it is the county where the Defendant resides and it is the county where the cause of action accrued. 5.   Jurisdiction of this Court is proper pursuant to § 26.012, Fla. Stat. GENERAL ALLEGATIONS 6.   Plaintiff, JERMAINE CARLOS DIAZ (“DIAZ”), is thirty-six (36) years old and resides in the Houston, Texas area. 7.   In July 1998, when DIAZ was only fourteen (14) years old, he was arrested on charges of transporting a minor, who was one year older than him (15 years old) in interstate commerce for purposes of prostitution, and for aiding and abetting. 8.   Despite being only fourteen (14) years old when the incident occurred, DIAZ has spent the past two decades with no further incident as it relates to those charges. DIAZ has never been designated a dangerous sex offender and DIAZ’s lifetime supervision has been terminated. 9.   DIAZ was previously enrolled in the Texas Art Institute and majored in interior design. 10.   Since finishing school DIAZ has dedicated his life to raising his twelve-year-old son of whom he has full custody. 11.   Since 2006, DIAZ has managed music artists through his successful company Money To Blow Music Group, LLC, and has gained considerable notoriety in doing so. 12.   DIAZ maintained an Instagram page, @lacetheblueprint, where he promoted the music artists he manages and commonly goes by the name of “Lace the Blue Print” or “Young Lace.” Through Instagram, DIAZ generated income in the amount of $15,000 to $25,000 per month through appearance booking fees and endorsements. 13.   Defendant, RAYON SHERWIN PAYNE (“PAYNE”), works in maintenance at a Central Florida apartment complex and also operates and maintains the FolksAlert App YouTube page at https://www.youtube.com/channel/UCcXVxqGH-WkzUPKzihJAjmQ/featured (“FolksAlert”).   2   PAYNE’S FALSE AND DEFAMATORY STATEMENTS AND HARASSMENT OF DIAZ 14.   PAYNE, who commonly goes by the name of “Keko,” has an unhealthy obsession with DIAZ, despite the two having never met and despite DIAZ wanting absolutely nothing to do with PAYNE. Utilizing FolksAlert, PAYNE routinely harasses DIAZ with an intent to cause DIAZ substantial emotional distress by publishing false and defamatory videos about DIAZ to FolksAlert. 15.   In fact, PAYNE’s publication of the numerous false and defamatory videos concerning DIAZ have achieved their desired result of harassing DIAZ and causing DIAZ severe emotional distress. 16.   For example, through his FolksAlert videos, PAYNE frequently states that DIAZ is a “dangerous sex offender” and implicates DIAZ as being currently involved in human trafficking. These statements published by PAYNE are false and defamatory, and were published by PAYNE with express malice or reckless disregard for the truth. 17.   A timeline of PAYNE’s bizarre publication of false and defamatory statements about DIAZ is as follows. 18.   On February 13, 2019, PAYNE published a video to YouTube titled “Dear Young Lace Lets Do Business” https://www.youtube.com/watch?v=d2MwkJYRwp4. In this video, PAYNE brags about his harassment of DIAZ and states, in part: “Carlos @YoungLace, I just deleted your #moneytoblowceo ig page.” 19.   On February 16, 2019, PAYNE published a video to FolksAlert’s YouTube channel titled “Young Lace – The Sex Offender Blue Print” https://www.youtube.com/watch?v=GMjF- q4KoqA. In this video, PAYNE states that “one can arguably say that [DIAZ] is the most successful human trafficker in the United States.” This statement is false and defamatory, and was published with express malice or reckless disregard for the truth.   3   20.   On February 18, 2019, PAYNE published a video to FolksAlert’s YouTube channel titled “The Blue Print – A Dangerous Sex Offender (Young Lace) – Trailer 1” https://www.youtube.com/watch?v=lM4bg6fs_eQ&t=27s. In this video, PAYNE implicates DIAZ as being involved in human trafficking and states that DIAZ is a “dangerous sex offender.” These statements are false and defamatory, and were published with express malice or reckless disregard for the truth. 21.   On February 20, 2019, PAYNE published a video to FolksAlert’s YouTube channel titled “The Blue Print – A Dangerous Sex Offender (Young Lace) – Trailer 2” https://www.youtube.com/watch?v=3MO7LA3YSBk. In this video, PAYNE implicates DIAZ as being involved in human trafficking, states DIAZ is a “dangerous sex offender,” and states and implies that DIAZ is involved with prostitution. The description of the video states: This summer Folksalert presents a documentary about a dangerous sex offender Jermaine Carlos Diaz aka Young Lace and one of his many prostitutes Angelica DiDisiena. (emphasis supplied). 22.   These statements are false and defamatory, and were published with express malice or reckless disregard for the truth. 23.   On February 21, 2019, PAYNE published a video to FolksAlert’s YouTube channel tilted “Young Lace – The Bold Sex Offender Pimp” https://www.youtube.com/watch?v=e_LBLHMwifU. In this video, PAYNE states that DIAZ is a pimp and implicates DIAZ in prostitution. This statement is false and defamatory, and was published with express malice or reckless disregard for the truth. 24.   On February 23, 2019, PAYNE published a video to FolksAlert’s YouTube channel titled “The Blue Print – A Dangerous Sex Offender (Young Lace) - Trailer 3” https://www.youtube.com/watch?v=4DHUjkcfXy8&t=33s. In this video, PAYNE states that DIAZ is a dangerous sex offender and implies that DIAZ is a human trafficker, states that DIAZ   4   is a sex trafficker, or involved with human trafficking, implies that DIAZ is involved in prostitution, and states that DIAZ has eight females working for him. These statements are false and defamatory, and were published with express malice or reckless disregard for the truth. 25.   On February 27, 2019, PAYNE published a video to FolksAlert’s YouTube channel titled “The Blue Print – A Dangerous Sex Offender (Young Lace) – Trailer 3” https://www.youtube.com/watch?v=rGeDG-hEVPc. In this video, PAYNE states that DIAZ is a dangerous sex offender. This statement is false and defamatory, and was published with express malice or reckless disregard for the truth. 26.   On March 4, 2019, PAYNE published a video to FolksAlert’s YouTube channel titled “The Blue Print – A Dangerous Sex Offender (Young Lace) Trailer 6” https://www.youtube.com/watch?v=cqfX9027gjQ. In this video, PAYNE implies that DIAZ is involved with human trafficking and sex trafficking and states that DIAZ is a dangerous sex offender. This statement is false and defamatory, and was published with express malice or reckless disregard for the truth. Further, the video depicts a picture of a battered woman and falsely implies that DIAZ beat the woman and otherwise harms women. 27.   On March 17, 2019, PAYNE published a video to FolksAlert’s YouTube channel titled “The Blue Print – A Dangerous Sex Offender (Young Lace) – Trailer 7” https://www.youtube.com/watch?v=X5-m6DzQjcs. In this video, PAYNE implies that that DIAZ is a sex trafficker, states that DIAZ has eight prostitutes, and that DIAZ is a pimp. These statements are false and defamatory, and were published with express malice or reckless disregard for the truth. 28.   Also on March 17, 2019, PAYNE published a video to FolksAlert’s YouTube channel titled “EP 51: BOLD PIMPING – A Houston Sex Trafficking Operation” https://www.youtube.com/watch?v=DxAyQgX_R6Y. In this video, PAYNE implies that DIAZ is   5   a sex trafficker, and is involved with sex trafficking and prostitution. This statement is false and defamatory, and was published with express malice or reckless disregard for the truth. 29.   On March 18, 2019, PAYNE published a video to FolksAlert’s YouTube channel titled “CLASSIC PIMPING: Johnny Cash and Young Lace (2012)” https://www.youtube.com/watch?v=Qf8zIxwwdIA. In this video, PAYNE implies that DIAZ is a pimp and involved with prostitution. This statement is false and defamatory, and was published with express malice or reckless disregard for the truth. 30.   On March 23, 2019, PAYNE published a video to FolksAlert’s YouTube channel titled “The Blue Print – A Dangerous Sex Offender (Young Lace) – Trailer 8” https://www.youtube.com/watch?v=ZTKnqZIG1Wg. In this video, PAYNE states that DIAZ “is known on social media and around the United States in human trafficking circles as Young Lace the Pimp.” The video otherwise implies that DIAZ is a sex trafficker or is involved in sex trafficking. These statements are false and defamatory and were published with express malice or reckless disregard for the truth. 31.   On April 6, 2019, PAYNE published a video to FolksAlert’s YouTube channel titled “A Trusted Face Young Lace” https://www.youtube.com/watch?v=DpFyBYPqSDo. The video implies that DIAZ is a pimp and involved with prostitution. This statement is false and defamatory, and was published with express malice or reckless disregard for the truth. 32.   On April 16, 2019, PAYNE published a video to the FolksAlert’s YouTube channel titled “Using Algorithm To Stop Sex Offender Jermaine Carlos Diaz” https://www.youtube.com/watch?v=0OLEbi2goQA. In this video, PAYNE implies that DIAZ is dangerous and needs to be stopped from committing crimes. This statement is false and defamatory, and was published with express malice or reckless disregard for the truth.   6   33.   On May 6, 2019, PAYNE published a video to FolksAlert’s YouTube channel titled “The Blue Print – A Dangerous Sex Offender (Young Lace) Trailer 10” https://www.youtube.com/watch?v=XxRW0KDHJtY. In this video, PAYNE implies that DIAZ committed the crime of auto theft. This statement is false and defamatory, and was published with express malice or reckless disregard for the truth. 34.   On May 25, 2019, PAYNE published a video to FolksAlert’s YouTube channel titled “The Young Lace Documentary Coming Summer 2019” https://www.youtube.com/watch?v=1jkbi7-dl4w. The video threatens and harasses DIAZ with the release of a false and defamatory “documentary” about DIAZ. 35.   On June 14, 2019, PAYNE again threatened and harassed DIAZ by publishing a video to FolksAlert’s YouTube channel titled “On 6/17/19 I will have a release date for this Young Lace documentary” https://www.youtube.com/watch?v=N-uWvaOm5uc. The video is a clear threat from PAYNE to DIAZ that PAYNE still intends to release a so called documentary, containing false and defamatory statements about DIAZ. 36.   Again, on June 15, 2019, PAYNE published another video to the FolksAlert’s YouTube channel titled “Intro: The Blue Print – A Dangerous Sex Offender (Young Lace)” https://www.youtube.com/watch?v=GEefId4-nag wherein PAYNE is threatening DIAZ with the release of the so called documentary about DIAZ. 37.   Then, on June 20, 2019, PAYNE published another video to the FolksAlert’s YouTube channel titled “Registered Sex Offender Carlos Diaz Gets Clowned” https://www.youtube.com/watch?v=Ph3jSvc6Ji0. In this video, PAYNE again harasses DIAZ and brags about PAYNE’s efforts to delete DIAZ’s and his company’s Instagram pages. 38.   PAYNE has also disseminated the aforementioned false and defamatory statements concerning DIAZ to Twitter and Instagram.   7   39.   The foregoing statements of fact published by PAYNE about DIAZ charged that DIAZ committed an infamous crime and subjected DIAZ to hatred, distrust, ridicule, contempt, or disgrace. 40.   PAYNE’s false and defamatory statements concerning DIAZ directly and proximately, and in natural and continuous sequence caused, and continue to cause harm and damage to DIAZ, including, without limitation, injury and harm to DIAZ’s reputation, and have caused DIAZ to suffer shame, humiliation, mental anguish and suffering, and hurt feelings experienced in the past and to be experienced in the future such that, but for the publication of the false and defamatory statements, the damage to DIAZ would not have occurred. 41.   As a result of PAYNE’s publication of false and defamatory statements concerning DIAZ, DIAZ has also suffered economic damages which are not yet quantified and are ongoing. 42.   PAYNE has repeatedly threatened to release a so-called documentary about DIAZ containing blatant false and defamatory statements about DIAZ. 43.   PAYNE’s false and defamatory publications serve no legitimate purposes. ILLEGAL PHONE CALL RECORDINGS 44.   On November 18, 2018, PAYNE illegally recorded a phone call he had with DIAZ without DIAZ’s consent or knowledge, in violation of § 943.03, Fla. Stat. https://www.youtube.com/watch?v=o6aa33BfWbs. 45.   On or about February 16, 2019, PAYNE illegally recorded a phone call he had with DIAZ, without DIAZ’s consent or knowledge, in violation of § 934.03, Fla. Stat. https://www.youtube.com/watch?v=sDThsZ-XvY8. 46.   On April 16, 2019, PAYNE illegally recorded a phone call he had with DIAZ without DIAZ’s consent or knowledge, and in violation of § 943.03, Fla. Stat. https://www.youtube.com/watch?v=0OLEbi2goQA.   8   47.   The aforementioned recordings occurred when DIAZ had a reasonable expectation of privacy. PAYNE’S INTENTIONAL AND DELIBERATE TORTIOUS INTERFERENCE 48.   PAYNE’s harassment has not stopped with DIAZ. PAYNE has even called DIAZ’s son’s school and harassed DIAZ’s mother. 49.   In 2019, PAYNE took action to cause DIAZ’s personal Instagram page, @lacetheblueprint, DIAZ’s business Instagram page, @moneytoblowmusicgroup, and DIAZ”s business YouTube channel, “moneytoblowmusicgroup,” to be deleted or otherwise removed from Instagram and YouTube. PAYNE took such actions without justification and with an intent to damage DIAZ. 50.   All conditions precedent to the maintenance of this action have been satisfied, waived or occurred. 51.   Plaintiff, DIAZ, has retained the undersigned counsel and has agreed to pay the undersigned a reasonable fee for services rendered. COUNT I- SLANDER 52.   This is an action for slander against PAYNE. 53.   Plaintiff, DIAZ, realleges and incorporates the allegations set forth in paragraphs 1 through 51 as though fully restated herein. 54.   Defendant, PAYNE, made false and defamatory statements concerning DIAZ. 55.   Said false and defamatory statements were published to third parties. 56.   Plaintiff, DIAZ, has suffered damages as a result of the Defendant, PAYNE’s, publication of the false and defamatory statements.   9   WHEREFORE, Plaintiff, JERMAINE CARLOS DIAZ, respectfully requests this Court enter judgment in Plaintiff’s favor and against Defendant for all damages, award costs, and grant such further relief this Court deems just and proper. COUNT II - LIBEL 57.   This is an action for libel against PAYNE. 58.   Plaintiff, DIAZ, realleges and incorporates the allegations set forth in paragraphs 1 through 51 as though fully restated herein. 59.   Defendant, PAYNE, made false and defamatory statements concerning DIAZ by publishing certain written statements to YouTube, Instagram, and Twitter. 60.   Said false and defamatory statements were published to third parties. 61.   Plaintiff, DIAZ, has suffered damages as a result of Defendant, PAYNE’s, publication of the false and defamatory statements. WHEREFORE, Plaintiff, JERMAINE CARLOS DIAZ, respectfully requests this Court enter judgment in Plaintiff’s favor and against Defendant for all damages, award costs, and grant such further relief this Court deems just and proper. COUNT III – SLANDER PER SE 62.   This is an action for slander per se against PAYNE. 63.   Plaintiff, DIAZ, realleges and incorporates the allegations set forth in paragraphs 1 through 51 as though fully restated herein. 64.   Defendant, PAYNE, made false and defamatory statements concerning DIAZ, which charged that Plaintiff, DIAZ, committed an infamous crime and subjected DIAZ to hatred, distrust, ridicule, contempt, or disgrace. 65.   Said false and defamatory statements were published to third parties.   10   66.   Plaintiff, DIAZ, has suffered damages as a result of Defendant, PAYNE’s, publication of the false and defamatory statements. WHEREFORE, Plaintiff, JERMAINE CARLOS DIAZ, respectfully requests this Court enter judgment in Plaintiff’s favor and against Defendant for all damages, award costs, and grant such further relief this Court deems just and proper. COUNT IV – LIBEL PER SE 67.   This is an action for libel per se against PAYNE. 68.   Plaintiff, DIAZ, realleges and incorporates the allegations set forth in paragraphs 1 through 51 as though fully restated herein. 69.   Defendant, PAYNE, made written false and defamatory statements concerning DIAZ, which charged that Plaintiff, DIAZ, committed an infamous crime and subjected DIAZ to hatred, distrust, ridicule, contempt, or disgrace. 70.   Said false and defamatory statements were published to third parties. 71.   Plaintiff, DIAZ, has suffered damages as a result of Defendant, PAYNE’s, publication of the false and defamatory statements. WHEREFORE, Plaintiff, JERMAINE CARLOS DIAZ, respectfully requests this Court enter judgment in Plaintiff’s favor and against Defendant for all damages, award costs, and grant such further relief this Court deems just and proper. COUNT V – DEFAMATION BY IMPLICATION 72.   This is an action for defamation by implication against PAYNE. 73.   Plaintiff, DIAZ, realleges and incorporates the allegations set forth in paragraphs 1 through 51 as though fully restated herein. 74.   Defendant, PAYNE, made certain statements which either   11   a)   Juxtaposed a series of facts so as to imply a defamatory connection between them; or b)   Created a defamatory implication by omitting certain facts. 75.   Said false and defamatory statements were published to third parties. 76.   Plaintiff, DIAZ, has suffered damages as a result of Defendant, PAYNE’s, publication of the false and defamatory statements. WHEREFORE, Plaintiff, JERMAINE CARLOS DIAZ, respectfully requests this Court enter judgment in Plaintiff’s favor and against Defendant for all damages, award costs, and grant such further relief this Court deems just and proper. COUNT VI – INTERCEPTION OF COMMUNICATIONS IN VIOLATION OF FLORIDA SECURITY OF COMMUNICATIONS ACT – FLORIDA STATUTE 934.10 77.   This is action for violation of § 934.03, Fla. Stat. against PAYNE brought pursuant to § 934.10, Fla. Stat. 78.   Plaintiff, DIAZ, realleges and incorporates the allegations set forth in paragraphs 1 through 51 as though fully restated herein. 79.   Defendant, PAYNE, intercepted and recorded oral conversations between PAYNE and DIAZ. 80.   Plaintiff, DIAZ, did not consent to and was not aware of any of these interceptions. 81.   Plaintiff, did not give his implied consent or authorization, express or implied, to allow the interception of these oral communications. 82.   The interception and recording of oral communications was Defendant, PAYNE’s, conscious objective. 83.   As a direct and proximate result of Defendant, PAYNE’s, actions and conduct, Plaintiff, DIAZ, has suffered and will continue to suffer damages, including economic damages, reputation damages, and damage to his current and prospective business relations.   12   WHEREFORE, Plaintiff, JERMAINE DIAZ, respectfully requests this Court enter judgment in Plaintiff’s favor and against Defendant, for Plaintiff’s actual damages but not less than liquidated damages computed at the rate of $100 a day for each date of violation, or $1,000.00, whichever is higher, pursuant to § 934.10(1)(b), Fla. Stat., pre-judgment interest, costs including reasonable attorney’s fees pursuant to § 934.10(1)(d), Fla. Stat., and grant such further relief this Court deems just and proper. COUNT VII – TORTIOUS INTERFERENCE WITH ADVANTAGEOUS BUSINESS RELATIONSHIP 84.   This is an action for tortious interference with an advantageous business relationship against PAYNE. 85.   Plaintiff, DIAZ, realleges and incorporates the allegations set forth in paragraphs 1 through 51 as though fully restated herein. 86.   Plaintiff, DIAZ, maintained advantageous business relationships with YouTube and Instagram. 87.   Defendant, PAYNE, had and has knowledge of the advantageous business relationship. 88.   Defendant, PAYNE, intentionally and unjustifiably interfered with the advantageous business relationship, by taking action to induce YouTube and Instagram to suspend Plaintiff, DIAZ’s, YouTube and Instagram pages. 89.   Plaintiff, DIAZ, has suffered damages as a result of PAYNE’s tortious interference. WHEREFORE, Plaintiff, JERMAINE DIAZ, respectfully requests this Court enter judgment in Plaintiff’s favor and against Defendant for all damages, award costs, and grant such further relief this Court deems just and proper.   13   COUNT VIII – TORTIOUS INTERFERENCE WITH ADVANTAGEOUS BUSINESS RELATIONSHIP 90.   This is an action for tortious interference with an advantageous business relationship against PAYNE. 91.   Plaintiff, DIAZ, realleges and incorporates the allegations set forth in paragraphs 1 through 51 as though fully restated herein 92.   Plaintiff, DIAZ, maintained advantageous business relationships with certain companies and entities which directly generated income each month for DIAZ through YouTube and Instagram. 93.   Defendant, PAYNE, had and has knowledge of these advantageous business relationships. 94.   Defendant, PAYNE, intentionally and unjustifiably interfered with the advantageous business relationships, by taking action to induce YouTube and Instagram to suspend Plaintiff, DIAZ’s, YouTube and Instagram pages, and by continuing to make false and defamatory statements about DIAZ, thereby causing certain companies and entities to discontinue business with DIAZ. 95.   Defendant, PAYNE’s, intentional and unjustified interference with DIAZ’s advantageous business relationships include, but are not limited to the publication of the aforementioned YouTube videos, and the following additional videos published to YouTube: a)   http://www.youtube.com/watch?v=5pdaPYgwABU; b)   http://www.youtube.com/watch?v=L6U7TAOJJkU; and c)   http://www.youtube.com/watch?v=n2qEUmEx5Ok. 96.   Plaintiff, DIAZ, has suffered damages as a result of PAYNE’s tortious interference, but such damages are incalculable and therefore, DIAZ has an inadequate remedy at law.   14   WHEREFORE, Plaintiff, JERMAINE DIAZ, respectfully requests this Court enter a preliminary and permanent injunction in Plaintiff’s favor and against Defendant enjoining Defendant from making any further false and defamatory statements in furtherance of Defnednat’s tortious interference and alternatively, a judgment awarding Plaintiff damages, and costs, and grant such further relief this Court deems just and proper. COUNT IX – INJUNCTION FOR PROTECTION AGAINST CYBERSTALKING PURSUANT TO FLORIDA STATUTE 784.0485 97.   This is a petition for an injunction against cyberstalking pursuant to Florida Statute 784.0485 against Payne. 98.   Plaintiff, DIAZ, realleges and incorporates the allegations set forth in paragraphs 1 through 51 as though fully restated herein. 99.   Defendant, PAYNE, is a forty-three (43) year old African American male born November 7, 1975. 100.   Defendant, PAYNE’s, height, weight, eye color, and hair color is unknown. 101.   Defendant, PAYNE, has cyberstalked Plaintiff, DIAZ, by engaging in a course of conduct to communicate, or cause to be communicated, words, images, or language by or through the use of electronic communication by publishing numerous false and defamatory videos directed to DIAZ as described in paragraphs 14 through 43, and paragraph 95, supra, thereby causing DIAZ substantial emotional distress and serving no legitimate person. 102.   Plaintiff, DIAZ, seeks an injunction against cyberstalking against Defendant, PAYNE, which immediately restrains Defendant from committing any acts of cyberstalking,   15   I HAVE READ EVERY STATEMENT MADE IN THIS PETITON AND EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER THE PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN SECTION 837.02, FLORIDA STATUTES. Jermaine Carlos Diaz WHEREFORE, Plaintiff, JERMAINE DIAZ, respectfully requests this Court enter an injunction against Defendant enjoining Defendant from cyberstalking pursuant to Chapter 784, Florida Statutes, and grant such further relief this Court deems just and proper. DEMAND FOR JURY TRIAL Plaintiff, JERMAINE DIAZ, demands a jury trial for all issues so triable herein. RESERVATION OF RIGHT TO AMEND Plaintiff reserves his right to amend this Complaint to add claims, including, but not limited to, claims for punitive damages against Defendant, pursuant to Chapter 768, Florida Statutes. Respectfully submitted this 28th day of June, 2019. /s/ Eric P. LaRue II Eric P. LaRue II, Esquire Florida Bar No.: 97995 The LaRue Firm, PLLC 501 S. New York Avenue Suite 230 Winter Park, FL 32789 Phone: 407-455-4779 [email protected] [email protected] Counsel for Plaintiff             16