Filing # 66690827 E-Filed 01/18/2018 10:53:00 AM

IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT

IN AND FOR HILLSBOROUGH COUNTY, FLORIDA

JANE DOE (“fictitious name”), an individual

Plaintiff,
Case No.:17-CA-011075
Division: I
vs.

MARCELL DAREUS, an individual

DARA KHOYI, an individual,
and ANVAR K. KHOYI, an individual

Defendant(s).
_________________________________/

FIRST AMENDED COMPLAINT

Plaintiff, JANE DOE sues Defendant(s) MARCELL DAREUS, DARA KHOYI, AND
ANVAR K. KHOYI, all individuals (“Defendants”) and pursuant to Rule 1.110(b), Florida
Rules of Civil Procedure, herein, and alleges:

JURISDICITON, PARTIES AND VENUE

1. This Court has jurisdiction over this dispute because this Complaint seeks damages in
excess of fifteen thousand ($15,000.00) dollars, exclusive of interest, costs and attorney’s fees.

2. On the date of the incident which is the subject of this lawsuit, Defendant(s) DARA
KHOYI and ANVAR K. KHOYI resided in Lutz, Hillsborough County, Florida.

3. At all times material, Plaintiff resided in Las Vegas, NV, but was visiting Tampa,
Florida.

4. At all times material Defendants DARA KHOYI, and ANVAR K. KHOYI, were the
owners of the property 117 Bellamere Palms Court, Lutz, Hillsborough County, Florida. (Villa
Adriana), the property where the alleged sexual assault (incident) took place.

5. Venue is proper in Hillsborough County, Florida because the incident giving rise to
this action took place in Hillsborough County, Florida.

Page | 1

1/18/2018 10:53 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1

 GENERAL ALLEGATIONS

6. The Villa Adriana property is located at 117 Bellamere Palms Court, Tampa, Florida
33549, and is also referred to as (“mansion”).

7. Defendant, DARA KHOYI is designated by the Defendants, DARA KHOYI and

ANVAR K. KHOYI as the host/agent/property manager responsible for the hosting/managing
of the property.

8. At all times material, Defendant, MARCELL DAREUS, a National Football League

(NFL) player, was a tenant under a written lease executed on January 5, 2017 by and through his
authorized agent (aka house manager), DON MALLOY, renting the Villa Adriana.

9. At all times, Defendant, MARCELL DAREUS was a tenant, and in actual possession
of Villa Adriana from the rental period of January 5, 2017 through January 12, 2017.

10. On or about January 6, 2017, Plaintiff while visiting Tampa stayed at the Aloft Hotel,
Downtown Tampa (“hotel”).

11. On or about January 7, 2017, Plaintiff went alone to a club in Downtown Tampa, by
the name of Club Aja Channelside (“club”).

12. Plaintiff, states that while at the club, there were many other party goers, but she did
not know anyone there.

13. Plaintiff recalls the time to be somewhere between 10:30pm-11:00pm that she arrived
at the club.

14. Plaintiff states that when she initially arrived at the club, she went to the bar area, and
purchased a drink (vodka and cranberry juice).

15. Plaintiff, states after a short period of time being in the club, she was approached by a
gentleman (she believes to go by the name of “John”), and he invited her into the VIP section of
the club, which she accepted the invitation.

16. Plaintiff met several other people, but again knew no one.

17. One of the persons Plaintiff met, was Defendant, MARCELL DAREUS, who
appeared to be the host of the group.

Page | 2

1/18/2018 10:53 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2

 18. Plaintiff states that several drinks were being served to the group, along with bottles
of champagne.

19. Plaintiff states that she consumed gratis about two (2) glasses of champagne.

20. At some point during the evening, Plaintiff states that she was invited to an after party
at a local mansion by Defendant, MARCELL DAREUS, and his entourage.

21. Plaintiff states that she accepted the invitation, and a small group left the club at
around the same time to go to the mansion.

22. Plaintiff states that she did not have her own vehicle, but was directed to get into a
large black SUV along with two (2) other people, one (1) being another black female, who was
sitting in the back seat of the vehicle with her.

23. Plaintiff states that Defendant, MARCELL DAREUS, also left at the same time to
go to the mansion, but he was in a separate vehicle, an orange Bentley, being chauffeured by
someone else.

24. Plaintiff believes that she and the group left the club between 1:00am -1:30am.

25. Upon arriving at the mansion, Plaintiff states that once inside, she saw there were not
many people present.

26. Plaintiff states that about 30-45 minutes after arriving, several other people arrived at
the mansion.

27. Plaintiff states that there was a DJ set up and playing music, and what appeared to be
10-12 strippers, and other party goers.

28. All together, Plaintiff states there appeared to be 30-40 persons in total at the
mansion, some which were found to be other NFL players.

29. Plaintiff states that from the time she arrived at the mansion she remained in the
kitchen area (a large open kitchen area), which there were also other people in this area.

30. Plaintiff states that among the persons in the kitchen area were Defendant,
MARCELL DAREUS, “John”, as well as, a few other persons.

Page | 3

1/18/2018 10:53 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3

 31. Plaintiff states that once the party began, there were strippers dancing and many other
people wandering throughout the mansion (both male and female).

32. Plaintiff further states that there was alcohol, marijuana, and cocaine open and
visible, being and offered up to party goers.

33. Plaintiff states that she was offered a drink by “John”, and accepted by telling him,
“that she would have a vodka and cranberry juice”, which he poured her.

34. Plaintiff states upon her sipping the drink which “ John” had poured, that it appeared
to taste funny (kind of salty), which she advised “John”, and he offered to make her another one,
which he did.

35. Plaintiff states that the second drink did not have the same “funny taste”, and she
drank it.

36. Plaintiff states that Defendant, MARCELL DAREUS at some point while in the
kitchen grabbed her breast and attempted to put his hands between her legs, which she resisted
his advances and told him to stop, which he replied “ you know I want you”.

37. Plaintiff states that she at some point “blacked out,” but her last recollection of events
before she “blacked out” was being guided going down the hallway toward the restroom, but it
was occupied and she was redirected to the master bedroom by “John” while Defendant,
MARCELL DAREUS following closely behind.

38. Plaintiff states that her last recollection of events before she “blacked out” was being
guided going down the hallway toward the restroom, but it was occupied and she was redirected
to the master bedroom by “John” while Defendant, MARCELL DAREUS followed closely
behind.

39. Plaintiff states the next thing she remembers is waking up in a bed.

40. Plaintiff states that she immediately noticed that her clothes were dishelved, with her
bra being turned inside out and breast exposed, her dress being pulled up around her waist, and
panties being pulled to the side of her vagina area.

41. Plaintiff being confused, looked and took notice of her unfamiliar surroundings, and
saw an unclothed, Defendant, MARCELL DAREUS asleep next to her. Defendant,
MARCELL DAREUS’ black jeans and shirt were on the floor next to the bed.

Page | 4

1/18/2018 10:53 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4

 42. Plaintiff states that upon becoming more conscious and aware of the situation and her
surroundings, she began to immediately realize that there had been sexual physical acts upon her
person.

43. Plaintiff, being horrified and distraught as to what had occurred in these early
morning hours, she hurriedly straightened her clothes, and ran frantically out of the room.

44. Plaintiff states upon entering the hallway, she immediately came upon a black
gentleman, known only to her as the house manager.

45. Plaintiff refers to him as the house manager, only because during the party, he
continuously walked around approaching guests, asking “if they were O.K.”, and “if he could get
them anything.” At no time did Plaintiff witness the house manager drink, smoke, or partake in
any of the illicit activities as other guest were.

46. Plaintiff states that the house manager asked her “if everything was O.K.”, which she
emotionally responded by cursing at him.

47. Plaintiff advised the house manager that she needed to leave, and at such time was
driven back to her hotel by an unknown male.

48. Plaintiff upon arriving back to her hotel, was emotionally distraught.

49. Plaintiff upon entering her hotel room, just sat on the floor in a daze.

50. Plaintiff then got up turned on the shower and got in.

51. Plaintiff states she remained in her hotel room that entire day on Sunday afternoon,
January 8, 2017.

52. On Monday, January 9, 2017, still distraught and without speaking to anyone about
the incident, Plaintiff and took a flight back to Los Angeles.

53. Plaintiff after several months of suffering through the emotional stage of these
unfortunate events, she finally gathered the courage to come forth.

54. Plaintiff, due to the embarrassment and self-guilt has kept the events of this sexual
assault by Defendant, MARCELL DAREUS private, not telling anyone.

Page | 5

1/18/2018 10:53 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 5

 55. That all times material herein, the mansion where all events occurred alleged herein,
was owned by Defendant(s), DARA KHOYI and ANVAR K. KHOYI, and rented out to
Defendant, MARCELL DAREUS.

56. That the Defendant(s), DARA KHOYI and ANVAR K. KHOYI, rented the mansion
to the Defendant, MARCELL DAREUS, for the purposes of entertainment and parties.

57. That the Defendant, MARCELL DAREUS, leased the mansion for a period of one
(1) week (from January 5, 2017 through January 12, 2017).

58. That although the Defendant(s), DARA KHOYI and ANVAR K. KHOYI, were
leasing the mansion out for the purposes of entertainment, they had no provision for security or
other safety precautions in their lease agreement with Defendant, Marcel Dareus.

COUNT I
DEFENDANT, MARCEL DAREUS, NEGLIGENCE AND- OTHER ACTS:
FALSE IMPRISONMENT
59. The Plaintiff re-alleges and incorporates herein by reference the preceding allegations in
paragraphs 1 through 58.

60. On January 7, 2017, the Plaintiff, JANE DOE was an invitee/patron during an event hosted
by Defendant MARCELL DAREUS and held inside Villa Adriana and was falsely imprisoned
inside a bedroom at the same location.

61. At the time of the event, the Defendant, MARCELL DAREUS, was having a party and
acting as the host.

62. Without privilege or authority, the Defendant, MARCELL DAREUS physically assisted
Plaintiff to a bedroom located inside Villa Adriana, and confined her to a bed mattress.

63. The Defendant, MARCELL DAREUS physically confined the Plaintiff inside the bedroom
by the use of his hands and other body parts to physically prevent the Plaintiff’s movement or
use of her hands, legs, and/or other body parts.

64. The Plaintiff in no way consented to being restrained or confined by the Defendant,
MARCELL DAREUS.

65. The Defendant’s, MARCELL DAREUS, act of confining or retraining the Plaintiff was
wholly without authority or consent, and against the will of the Plaintiff.

Page | 6

1/18/2018 10:53 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 6

 66. As a direct and proximate result of the Defendant’s, MARCELL DAREUS, unlawful
restraint and deprivation of Plaintiffs’ liberty, the Plaintiff has suffered injuries, damages and
losses; including, without limitation, past and future physical injury, pain and suffering, past and
future emotional and mental distress, impaired earning capacity, past and future, and past and
future losses of the enjoyment of life.

WHEREFORE, Plaintiff respectively demands judgment against the Defendant,

MARCELL DAREUS for monetary damages in excess of $15,000, costs, and such other and
further relief as the Court may deem just a proper.

COUNT II
DEFENDANT, MARCEL DAREUS NEGLIGENCE- ASSAULT
67. The Plaintiff re-alleges and incorporates herein by reference the preceding allegations in
paragraphs _1_ through_66__.

68. On January 7, 2017, the Plaintiff, JANE DOE was an invitee/patron at Villa Adriana during
an event which was hosted by Defendant, MARCELL DAREUS and was assaulted during the
event.

69. On the aforementioned date, the Defendant, MARCELL DAREUS intentionally threatened
immediate harmful contacts with the Plaintiff’s person by use of his hands, arms, and other body
parts.

70. Defendant, MARCELL DAREUS intentionally caused or acted with reckless disregard of
causing Plaintiff to fear that such threatened contacts put her in imminent peril and that in light
of the Defendant’s, MARCELL DAREUS large stature, coupled with his strength and the
surroundings, the Defendant, MARCELL DAREUS, had the present ability to carry them out.

71. The Plaintiff, apprehended these threatened contacts, which created a well-founded fear of
physical harm and and/or other violent acts was about to take place.

72. As a direct and proximate result of the Defendant’s, MARCELL DAREUS unlawful
assault, the Plaintiff has suffered injuries, damages and losses; including, without limitation, past
and future physical injury, pain and suffering, past and future emotional and mental distress,
impaired earning capacity, past and future, and past and future losses of the enjoyment of life.

Page | 7

1/18/2018 10:53 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 7

 WHEREFORE, Plaintiff respectively demands judgment against the Defendant,
MARCELL DAREUS for monetary damages in excess of $15,000, costs, and such other and
further relief as the Court may deem just and proper.

COUNT III
MARCEL DAREUS NEGLIGENCE- BATTERY
73. The Plaintiff re-alleges and incorporates herein by reference the preceding allegations in
paragraphs_1_ through_72_.

74. On or about January 7, 2017, the Defendant, MARCELL DAREUS was the host of an event
when the Plaintiff, JANE DOE was an invitee inside Villa Adriana and she was battered.

75. On the same date, the Defendant, January 7, 2017 MARCELL DAREUS, without privilege,
consent, or authority, intentionally touched the Plaintiff against her will and in doing so,
intentionally caused bodily harm to the Plaintiff.

76. The Defendant, MARCELL DAREUS intentionally touched the Plaintiff by the use of his
hands arms, or other body for the purpose of and with the intent to commit the act of battery on
the Plaintiff, against her will.

77. The Defendant, MARCELL DAREUS act of battery against the Plaintiff was without
authority and without consent of the Plaintiff.

78. As a direct and proximate result of the Defendant’s, MARCELL DAREUS, battery against
the Plaintiff, JANE DOE, the Plaintiff has suffered injuries, damages and losses-including,
without limitation, past and future physical injury, pain and suffering, past and future emotional
and mental distress, impaired earning capacity, past and future, and past and future losses of the
enjoyment of life.

WHEREFORE, Plaintiffs respectively demands judgment against the Defendant,

MARCELL DAREUS for monetary damages in excess of $15,000, costs, and such other and
further relief as the Court may deem just and proper.

COMPENSATORY DAMAGES

Page | 8

1/18/2018 10:53 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 8

 WHEREFORE, Plaintiff demands judgment for damages including but not
limited to compensatory damages, costs, interest including prejudgment interest, and any such
relief to which Plaintiff is entitled, against Defendant, MARCELL DAREUS.

DEMAND FOR JURY TRIAL

Plaintiff respectfully demands a trial by jury as to all matters so triable.

COUNT
NEGLIGENCE OF DARA KHOYI

79. Plaintiff, JANE DOE, reiterates and realleges paragraphs_1__through_78__herein and

further alleges:

80. Defendant, DARA KHYOI, had a duty to keep the premises located at 117 Bellamere Palms
Court, Tampa Florida 33549 in a reasonably safe condition and to protect invitees on the
premises it secures from harm due to reasonably foreseeable risks of injury.

81. Defendant, DARA KHOYI, breached her duty and was negligent in doing so among other
things:

(a) Negligently supervising Defendant, MARCELL DAREUS

.
(b) Negligently failing to warn Plaintiff of the dangerous conditions on the premises
likely to cause harm to her and other invitees.

(c) Creating a foreseeable and unreasonable risk of harm to the Plaintiff, as well as, to all
its invitees. Specifically as it relates to female invitees.

(d) Negligently failing to hire any/or an adequate number of security guards and or
female security guards to provide specific types of first aid for the female invitees, such
as Plaintiff.

(e) Negligently failing to hire male and female security/staff available for issues that are
associated with female issues i.e. seizures, drug overdoses and drunkenness of female
invitees about their premises. Drugs, alcohol and unconsciousness in this environment
are foreseeable for invitees in a party environment.

Page | 9

1/18/2018 10:53 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 9

 (f) Negligently failing to have Standard Operating Procedures available for parties or
rents, renter(s)/leasee(s) hosting.

(h) As a direct result of the negligence of Defendant, DARA KHOYI, the Plaintiff,
JANE DOE suffered injuries, damages, and losses including, without limitation, past and
future physical injury, pain and suffering: past and future emotional and mental distress,
pain, and suffering; past and future losses of enjoyment of life coupled with but not
limited to stress disorder, severe anxiety, fear of repeat sexual violence, an unfounded
sense of shame and depression, all of which continue to require psychological counseling
and related medical treatment.

WHEREFORE, Plaintiffs respectively demands judgment against the Defendant, DARA

KHOYI for monetary damages in excess of $15,000, costs, and such other and further relief as
the Court may deem just and proper.

COMPENSATORY DAMAGES

WHEREFORE, Plaintiff demands judgment for damages including but not

limited to compensatory damages, costs, interest including prejudgment interest, and any such
relief to which Plaintiff is entitled, against Defendant, DARA KHOYI.

DEMAND FOR JURY TRIAL

Plaintiff respectfully demands a trial by jury as to all matters so triable.

COUNT V
NEGLIGENCE OF ANVAR K. KHOYI

82. Plaintiff, JANE DOE, reiterates and realleges paragraphs_1__through_81__herein and

further alleges:

83. Defendant, ANVAR K. KHOYI, had a duty to keep the premises located at 117 Bellamere
Palms Court, Tampa Florida 33549 in a reasonably safe condition and to protect invitees on the
premises it secures from harm due to reasonably foreseeable risks of injury.

84. Defendant, ANVAR K. KHOYI, breached his duty and was negligent in doing so among
other things:

(a) Negligently supervising Defendant, MARCELL DAREUS.

Page | 10

1/18/2018 10:53 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 10

 .
(b) Negligently failing to warn Plaintiff of the dangerous conditions on the premises
likely to cause harm to her and other invitees.

(c) Creating a foreseeable and unreasonable risk of harm to the Plaintiff, as well as, to all
its invitees. Specifically as it relates to female invitees.

(d) Negligently failing to hire any/or an adequate number of security guards and or
female security guards to provide specific types of first aid for the female invitees, such
as Plaintiff.

(e) Negligently failing to hire male and female security/staff available for issues that are
associated with female issues i.e. seizures, drug overdoses and drunkenness of female
staff and invitees about their premises. Drugs, alcohol and unconsciousness in this
environment are foreseeable for invitees in a party environment.

(f) Negligently failing to have Standard Operating Procedures or Employee Handbooks

available for renter(s)/lease(s) hosting parties and events.

(h) As a direct result of the negligence of Defendant, ANVAR K. KHOYI, the Plaintiff,
JANE DOE suffered injuries, damages, and losses including, without limitation, past and
future physical injury, pain and suffering: past and future emotional and mental distress, pain,
and suffering; past and future losses of enjoyment of life coupled with but not limited to stress
disorder, severe anxiety, fear of repeat sexual violence, an unfounded sense of shame and
depression, all of which continue to require psychological counseling and related medical
treatment.

WHEREFORE, Plaintiffs respectively demands judgment against the Defendant, ANVAR K.

KHOYI for monetary damages in excess of $15,000, costs, and such other and further relief as
the Court may deem just and proper.

COMPENSATORY DAMAGES

WHEREFORE, Plaintiff demands judgment for damages including but not

limited to compensatory damages, costs, interest including prejudgment interest, and any such
relief to which Plaintiff is entitled, against Defendant ANVAR K. KHOYI.

Page | 11

1/18/2018 10:53 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 11

 DEMAND FOR JURY TRIAL

Plaintiff respectfully demands a trial by jury as to all matters so triable.

Dated this 18th day of January, 2018.

Respectfully Submitted,

/s/ Joseph M. Williams_________

Joseph M. Williams, Esquire
Florida Bar No.: 0006459
WILLIAMS MOORE LAW FIRM
1409 W. Thonotosassa Rd.
Plant City, FL 33563
(813)719-6605 Telephone
(813)717-9808 Facsimile
Primary Email:jmwilliams@williamsmoorelaw.com
Secondary Email: csmith@williamsmoorelaw.com
Attorney for Plaintiff

Page | 12

1/18/2018 10:53 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 12