FINAL Summons With Notice to Verizon 4-26-15

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Transcript of FINAL Summons With Notice to Verizon 4-26-15

  • PRIVILEGED AND CONFIDENTIAL PREPARED BY CRAVATH, SWAINE & MOORE

    SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK

    ESPN, INC.,

    Plaintiff,

    vs.

    VERIZON SERVICES CORP.,

    Defendant.

    Index No. ________

    SUMMONS WITH NOTICE

    TO THE ABOVE NAMED DEFENDANT:

    PLEASE TAKE NOTICE THAT YOU ARE HEREBY SUMMONED

    and required to serve upon Plaintiffs attorney a notice of appearance or demand for a

    complaint within twenty (20) days after service of this Summons with Notice, exclusive

    of the day of service, or within thirty (30) days after service is complete if this Summons

    with Notice is not personally delivered to you within the State of New York. In case of

    your failure to appear or serve a demand for a complaint, judgment will be taken against

    you on default for the relief demanded herein.

    Plaintiff designates New York County as the place of trial. Venue is

    proper because Defendant is registered to do business in New York and maintains offices

    in this County, and many of the wrongful acts alleged herein occurred in this County.

    NOTICE

    This is an action for breach of contract and declaratory judgment arising

    from Defendants breach of its obligations to Plaintiff under certain license agreements,

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    supplements, and amendments entered into between Plaintiff and Defendant. Plaintiff

    seeks specifically to enforce Defendants contractual obligations to Plaintiff, to enjoin

    Defendant from unfairly depriving Plaintiff of the benefit of its bargain, and to require

    Defendant to pay damages to Plaintiff in an amount consistent with (but not limited to)

    relevant provisions in the parties agreements.

    The relief Plaintiff seeks, in terms of specific performance, injunctive

    relief, and damages, is equitable and legal.

    Upon your failure to appear, judgment will be taken against you by default

    for money damages in excess of $500,000, and interest thereon, together with reasonable

    attorneys fees.

    April 27, 2015 CRAVATH, SWAINE & MOORE LLP by Evan R. Chesler

    Roger G. Brooks J. Wesley Earnhardt

    Members of the Firm

    Worldwide Plaza 825 Eighth Avenue

    New York, NY 10019 (212) 474-1000

    Attorneys for Plaintiff ESPN, Inc.