SHERI POLSTER CHAPPELL, District Judge.
COMES NOW Plaintiff, RYAN SEAN MANGEL, by and through his undersigned counsel, and files this second amended complaint against Defendant, ANI KATIUSKA DAZA, a/k/a ANI KATIUSKA DAZA ISAZA, f/k/a ANI KATIUSKA DAZA DE MANGEL.
1. Plaintiff brings this action under federal diversity jurisdiction, 28 U.S.C. § 1332, as the parties are completely diverse in citizenship and the amount in controversy exceeds $75,000.
2. Plaintiff, RYAN SEAN MANGEL, ("Mangel") is an individual who is a United States citizen, as well as a Canadian citizen, and resides and is domiciled in El Paso, El Paso County, Texas.
3. Defendant, ANI KATIUSKA DAZA, a/k/a ANI KATIUSKA DAZA ISAZA, f/k/a ANI KATIUSKA DAZA DE MANGEL, ("Daza") is an individual who resides and is domiciled in Naples, Collier County, Florida.
4. Personal jurisdiction is proper pursuant to section 48.193(2), Florida Statutes, as Daza is, and at all relevant times was, a resident of, and physically present in, Florida.
5. Personal jurisdiction is proper, pursuant to Florida's long-arm statute, section 48.193(1)(a)(2), Florida Statutes, as Daza committed tortious acts of defamation in Florida when she made defamatory statements about Mangel:
6. Venue is correct herein pursuant to 28 U.S.C. § 1391 because Daza resides within, and the causes of action accrued in, Collier County, Florida, which is in the Middle District of Florida, Fort Myers Division.
7. Mangel is an emergency room doctor.
8. Mangel is also an author and a personal coach.
9. As such, Mangel's reputation on the Internet is extremely important because his colleagues, patients, clients and potential patients and clients choose to do business with him based upon his good reputation for caring for people.
10. Daza is Mangel's ex-wife.
11. In 2004, Mangel and Daza married, and Mangel adopted Daza's son as his own while in Canada.
12. Mangel and Daza moved to Canada, where Daza and her son obtained permanent residency.
13. Mangel and Daza had a daughter, born of the marriage, who is a Canadian citizen.
14. The marriage was difficult, rife with Daza's manipulation and deceit.
15. Mangel, nonetheless, stayed with Daza and, in March 2016, relocated the family to Naples, Florida.
16. In March 2016, Mangel signed a lease for a rental property in Bonita Springs, Florida, for the family to live.
17. Mangel began the process of obtaining a U.S. Green Card for Daza and their two children.
18. Later that year, however, Mangel determined he could no longer stay married to Daza.
19. The couple fought all the time and Daza even physically abused Mangel in front of the children.
20. In September 2016, Mangel asked Daza for a divorce.
21. As a result, the Green Card application, which was predicated on the fact that Mangel and Daza would stay married, had to be cancelled.
22. Daza urged Mangel to continue the green card application, but Mangel explained that he could not commit fraud, he could not lie to an immigration officer about his intent to stay with Daza, so he had to cancel the application.
23. Mangel offered to pay to transfer Daza and the children back to Canada where they could lawfully stay, but Daza refused Mangel's offer.
24. Daza was not satisfied with being a permanent resident of Canada and allowed the Canadian residency for herself as well as for her son, M.M, to expire.
25. Mangel attempted to keep his relationship with Daza amicable, but Daza continued the manipulation and deceit that marred their marriage.
26. On or about February 24, 2017, Mangel petitioned for divorce in Lee County, Florida.
27. Wanting a United States Green Card, and knowing that the easiest way to get one would be to stay married to Mangel, Daza protested the divorce.
28. In July 2017, after mediation, Mangel dismissed the divorce case.
29. In August 2017, Daza petitioned Mangel for divorce.
30. In or about November or December 2017, while Mangel and Daza were still married, and unbeknownst to Mangel, Daza began seeing another man — and fell pregnant with his child.
31. On or about June 28, 2018, after mediation, Mangel and Daza entered into a Marital Settlement Agreement.
32. While the divorce was pending, Daza gave birth to the other man's child in Florida.
34. Mangel paid for all Daza's attorney's fees, gave her $100,000 worth of real estate, gave her all of their cars, and absorbed all of their debt.
35. In or about September 2018, Mangel began the process anew of obtaining United States Green Cards for his two children, M.M. and A.M.
36. Mangel consistently paid Daza $1750 in child support and $4000 in alimony to support Daza and their children, and never missed a payment.
37. Mangel several times asked for the kids to come and visit him but Daza refused to allow the children to go and visit Mangel.
38. Mangel offered several times to pay for M.M. to attend college, but M.M. declined his offer, stating that he preferred to be self-taught.
39. On or before February 21, 2019, Daza published false statements to her son, M.M., and daughter, A.M., that Mangel did not care about M.M. or A.M., his children and that he had abandoned them.
40. On or about February 21, 2019, Daza published false statements to WBBH-TV, including that Mangel took Daza out of Venezuela and whisked her and their children around the world only to abandon them in Collier County, Florida, as effectively illegal immigrants; that, after abandoning them, Mangel has not petitioned his children to become U.S. citizens; that Daza has no legal standing to file paperwork to be a U.S. citizen unless Mangel petitions her or she marries an American citizen; that Mangel does not care for his children; and that Mangel destroyed his son's dreams of going to college and becoming a video-game developer.
41. On or about February 21, 2019, M.M. and A.M. repeated Daza's statements to WBBH-TV (NBC 2) that Mangel did not care about M.M. or A.M.
42. Daza's statements were recorded by WBBH-TV journalist Dave Elias and, with Daza's knowledge and consent, published by television broadcast throughout the Naples, Fort Myers, and Cape Coral areas, then on the Internet at https://www.nbc-2.com/story/40006117/marriage-and-divorce-an-immigration-nightmare, where they were transcribed into a written form, and https://www.youtube.com/watch?v=eYeW-clouSM.
43. Daza's statements have been heard or read by an uncountable number of viewers. On WBBH-TV's Internet publication, thirty-five viewers "reacted" after hearing or reading the statements by clicking on yellow faces indicating the publications made them "sad" or other emotion.
44. Daza's statements continue to be heard or read as the news article remains posted online.
45. On or about April 9, 2019, Daza re-published the article onto her Facebook timeline, and at least three of her friends reacted or commented on the post.
46. At least 5 days before instituting this action, pursuant to section 770.01, Florida Statutes, Plaintiff served notice in writing on Daza, specifying the article or broadcast and the statements therein alleged to be false and defamatory.
47. All prerequisites to filing this suit have been met or waived.
48. Mangel realleges paragraphs 1 through 47 as if fully pleaded and incorporated herein this count.
49. On or about February 21, 2019, Daza published to a television news team, including a reporter, false and defamatory statements about Mangel that Daza knew would be publicly published on television and the Internet.
50. Several of Daza's defamatory statements were in fact published on television and the Internet by WBBH-TV, and remain published, searchable by anyone with a web browser.
51. Daza's defamation contains the following statements made by Daza which created a defamatory implication that was false for the reasons shown below:
52. Daza's defamation to the news reporter may also include other statements that were not repeated in the news story and Daza reserves the right to include those statements among her claims upon learning of them through the discovery process.
53. As outlined in the table above, Daza created a defamatory implication by omitting crucial facts in statements made to the news reporter, and should be held responsible for their defamatory implication.
54. Daza acted with "actual malice," meaning that she knew that the defamatory implications were false or made the statements with reckless disregard of whether they were false or not.
55. The statements have undoubtedly diminished Mangel's reputation. Mangel's reputation and good name is of inestimable value, and once it has been besmirched through defamation, restoration is virtually impossible.
56. Daza's defamatory implications are defamatory per se because they injure Mangel in his profession and subject Mangel to hatred, distrust, and contempt.
57. Because the defamatory implications are defamatory per se, Mangel is entitled to recovery of general damages, which he values at more than $75,000.
58. Daza's defamation has been the direct and proximate cause of damages to Mangel, including:
59. Mangel's mental anguish and reputation damages naturally flow from the defamation by implication and are not easily susceptible to monetary valuation, but Mangel values these damages at more than $100,000 and seeks damages in a total amount to be awarded by jury.
60. Mangel also seeks punitive damages of the greater of three times the amount of his awarded compensatory damages, or $500,000, even if no compensatory damages are awarded. Mangel is entitled to punitive damages because Daza acted with intentional misconduct, having actual knowledge of the defamatory nature of her statements and the high probability that injury or damage to Mangel would result and, despite that knowledge, intentionally pursued that course of conduct, resulting in damage to Mangel, or, in the alternative, acted with gross negligence, so reckless or wanting in care that her statements constituted a conscious disregard or indifference to Mangel's rights.
61. In the case that a default is entered, Mangel seeks an award of $100,000 in compensatory and/or general damages plus punitive damages of $300,000.
WHEREFORE, Plaintiff, RYAN SEAN MANGEL, prays for judgment against Defendant, ANI KATIUSKA DAZA, a/k/a ANI KATIUSKA DAZA ISAZA, f/k/a ANI KATIUSKA DAZA DE MANGEL, against Defendant: DECLARING that the statements, in their totality, are false and defamatory, and requiring their removal; and AWARDING Plaintiff general and special damages, punitive damages, and costs, and such other and further relief as this Court may deem equitable. Plaintiff further requests a trial by jury on all matters so triable.
62. Mangel realleges paragraphs 1 through 47 as if fully pleaded and incorporated herein this count.
63. On or about February 21, 2019, Daza published false and defamatory statements about Mangel to M.M. and A.M. and to a news team, including a reporter. Daza knew these defamatory statements would be publicly published on television and the Internet.
64. The statements were in fact published on television and the Internet by WBBH-TV, and remain published, and are searchable by anyone with a web browser.
65. Daza's defamation contains the following statements made by Daza which were false for the reasons shown below:
66. Daza's defamation to the news reporter may also include other statements that were not repeated in the news story and Daza reserves the right to include those statements among her claims upon learning of them through the discovery process.
67. Daza acted with "actual malice," meaning that she knew that the defamatory statements were false or made the statements with reckless disregard of whether they were false or not.
68. The statements have undoubtedly diminished Mangel's reputation. Mangel's reputation and good name is of inestimable value, and once it has been besmirched through defamation, restoration is virtually impossible.
69. Daza's statements are defamatory per se because they injure Mangel in his profession and subject Mangel to hatred, distrust, and contempt.
70. Because the statements are defamatory per se, Mangel is entitled to recovery of general damages, which he values at more than $75,000.
71. Daza's defamation has been the direct and proximate cause of damages to Mangel, including:
72. Mangel's mental anguish and reputation damages to reputation naturally flow from the defamation and are not easily susceptible to monetary valuation, but Mangel values these damages at more than $100,000 and seeks damages in a total amount to be awarded by jury.
73. Mangel also seeks punitive damages of the greater of three times the amount of his awarded compensatory damages, or $500,000, even if no compensatory damages are awarded. Mangel is entitled to punitive damages because Daza acted with intentional misconduct, having actual knowledge of the defamatory nature of her statements and the high probability that injury or damage to Mangel would result and, despite that knowledge, intentionally pursued that course of conduct, resulting in damage to Mangel, or, in the alternative, acted with gross negligence, so reckless or wanting in care that her statements constituted a conscious disregard or indifference to Mangel's rights.
74. In the case that a default is entered, Mangel seeks an award of $100,000 in compensatory and/or general damages plus punitive damages of $300,000.
WHEREFORE, Plaintiff, RYAN SEAN MANGEL, prays for judgment against Defendant, ANI KATIUSKA DAZA, a/k/a ANI KATIUSKA DAZA ISAZA, f/k/a ANI KATIUSKA DAZA DE MANGEL, against Defendant: DECLARING that the statements, in their totality, are false and defamatory, and requiring their removal; and AWARDING Plaintiff general and special damages, punitive damages, and costs, and such other and further relief as this Court may deem equitable. Plaintiff further requests a trial by jury on all matters so triable.
