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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BUCHALTER A P R O F ES S IO N AL CO R P O R A T IO N L O S A N G EL ES COMPLAINT FOR DAMAGES DEMAND FOR JURY TRIAL Case No. 8:18-cv-1683 BN 34072344v1 Robinson, Brog, Leinwand, Greene Genovese & Gluck P.C. PETER R. GINSBERG 875 Third Avenue, 9th Floor New York, NY 10022 Telephone: 212.603.6300 Fax: 212.956.2164 Email: prg@robinsonbrog.com (pro hac vice admission pending) Buchalter A Professional Corporation BARRY A. SMITH SBN: 48697 1000 Wilshire Boulevard, Suite 1500 Los Angeles, CA 90017-1730 Telephone: 213.891.0700 Fax: 213.896.0400 Email: bsmith@buchalter.com Attorneys for Plaintiff UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA COREY LIUGET, Plaintiff, vs. IAN DANNEY and PERFORMANCE ENHANCEMENT PROFESSIONALS, INC., Defendants. Case No. 8:18-cv-1683 COMPLAINT FOR DAMAGES DEMAND FOR JURY TRIAL Plaintiff Corey Liuget (“Plaintiff” or “Liuget”), for his Complaint against Defendants Ian Danney (“Danney”) and Performance Enhancement Professionals, Inc. (“PEP” and, together with Danney, “Defendants”), alleges as follows: Case 8:18-cv-01683 Document 1 Filed 09/18/18 Page 1 of 18 Page ID #:1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BUCHALTER A P R O F ES S IO N AL CO R P O R A T IO N L O S A N G EL ES 2 COMPLAINT FOR DAMAGES DEMAND FOR JURY TRIAL Case No. 8:18-cv-1683 BN 34072344v1 NATURE OF THE ACTION 1. This is an action by Liuget, a professional football player for the Los Angeles Chargers ( “Chargers”) of the National Football League (“NFL”), to hold Defendants responsible for Danney’s malicious and fraudulent conduct in injecting Liuget with a substance that the U.S. Food and Drug Administration (“FDA”) has not approved and that the NFL Policy on Performance-Enhancing Substances (2016) (“Policy”) prohibits (a “Prohibited Substance”), for injecting Liuget with a prescription medication without having a medical license, and for administering Liuget with injections without being certified or licensed to administer injections, all without Liuget’s consent or knowledge of the contents of the injections. 2. As a direct result of Defendants’ extreme, irresponsible, unauthorized and harmful conduct, Liuget tested positive for a Prohibited Substance in violation of the Policy and was suspended for the first four games of the 2018 NFL Season, causing Liuget public humiliation, emotional suffering and economic damages. 3. Liuget is a starting defensive tackle for the Chargers, a role he has maintained since the Chargers drafted him in 2011. Liuget has never intentionally or knowingly used a Prohibited Substance and, prior to the incident herein described, has never violated, or been subject to discipline or suspension under, the Policy. 4. Liuget, who is 6 feet 2 inches tall and weighs 300 pounds, has suffered various injuries throughout his playing career, including broken metatarsals in both feet. During the 2015, 2016 and 2017 NFL Seasons, Danney administered post-game treatments to Liuget to help him with the physical demands of playing in the NFL. Case 8:18-cv-01683 Document 1 Filed 09/18/18 Page 2 of 18 Page ID #:2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BUCHALTER A P R O F ES S IO N AL CO R P O R A T IO N L O S A N G EL ES 3 COMPLAINT FOR DAMAGES DEMAND FOR JURY TRIAL Case No. 8:18-cv-1683 BN 34072344v1 5. On November 14, 2017, Danney injected into Liuget’s feet what Danney said was a high dose of an over-the-counter anti-inflammatory. At no time did Danney inform Liuget that he was injecting Liuget with a Prohibited Substance or prescription medication. Danny, who administers treatment to many professional athletes, including NFL players, is well aware of, familiar with, and knowledgeable about the Policy. 6. Two days after the injections, Liuget provided a routine urine sample (“November 16 Sample”) to collectors acting on behalf of the NFL. 7. On January 16, 2018, the NFL informed Liuget that the November 16 Sample tested positive for a Prohibited Substance. The letter stated that, as a result of the positive test, the NFL was suspending Liuget for the first four games of the 2018 regular season without pay. 8. Liuget’s four-game suspension has caused Liuget public humiliation and mental and emotional suffering in addition to resulting in the loss, inter alia, of approximately a quarter of his annual compensation in 2018. 9. In addition, the Chargers used Liuget’s suspension as leverage to renegotiate his player contract, resulting in a decrease in compensation of approximately $15,000,000.00. 10. Had Danney lived up to his professional duties and responsibilities, as well as his promise to provide Liuget with treatment that was safe and consistent with NFL rules and regulations, Liuget would not have suffered, and would not now be suffering from, the damages herein alleged. 11. By this action, Liuget seeks to hold Defendants responsible for the injuries that he sustained due to Danney’s conduct and bad faith actions, in an amount yet to be fully determined but believed to be in excess of $15 million. Case 8:18-cv-01683 Document 1 Filed 09/18/18 Page 3 of 18 Page ID #:3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BUCHALTER A P R O F ES S IO N AL CO R P O R A T IO N L O S A N G EL ES 4 COMPLAINT FOR DAMAGES DEMAND FOR JURY TRIAL Case No. 8:18-cv-1683 BN 34072344v1 THE PARTIES 12. Liuget is an individual residing in Irvine, California. 13. On information and belief, Danney is an individual who resides in Scottsdale, Arizona and transacts business throughout the United States, including in the State of California. 14. PEP is an Arizona corporation, incorporated on December 11, 2002, with its principal place of business located at 9495 East San Salvador Drive, Scottsdale, Arizona, 85258. PEP provides elite athletes with training, nutrition, therapy, regenerative and functional medicine. Danney is PEP’s Director, President and Chief Executive Officer. PEP is obligated to supervise, and responsible and otherwise liable for, the actions of Danney. JURISDICTION AND VENUE This Court has jurisdiction over Defendants pursuant to 28 U.S.C. § 1332. The matter in controversy is in excess of $75,000, exclusive of interest and costs, and the action is between citizens of different states. 15. Plaintiff seeks damages in excess of $15,000,000. 16. There is complete diversity of citizenship between the Plaintiff and Defendants. Plaintiff is, and at all relevant times has been, a citizen of the State of California and resides in Irvine, California. Danney is, and at all relevant times has been, a citizen of the State of Arizona and resides in Scottsdale Arizona. PEP is, and at all relevant times has been, an Arizona corporation with its principle place of business in Scottsdale, Arizona. 17. Venue is proper pursuant to 28 U.S.C. § 1391(b)(2) because a substantial part of the events and omissions giving rise to Plaintiff’s claims occurred in California. Case 8:18-cv-01683 Document 1 Filed 09/18/18 Page 4 of 18 Page ID #:4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BUCHALTER A P R O F ES S IO N AL CO R P O R A T IO N L O S A N G EL ES 5 COMPLAINT FOR DAMAGES DEMAND FOR JURY TRIAL Case No. 8:18-cv-1683 BN 34072344v1 18. This Court has personal jurisdiction over Defendants because they have had substantial and continuous business contacts with California and because Defendants caused injury to Plaintiff while conducting business in the State of California. FACTUAL ALLEGATIONS Corey Liuget’s NFL Career 19. The Chargers selected Liuget, a defensive tackle, as the 18th pick of the first round of the 2011 NFL Draft. 20. In 2012, his second season in the NFL, Liuget started all sixteen games and lead his team in several statistical categories including sacks, tackles, tackles for loss, and passes defended. Over the course of seven years, Liuget has played in 102 games, starting in 100 of them. 21. Liuget is a leader on the field, in the locker room, and in his community. He is known for, and takes pride in, his tireless work ethic, his dedication to his craft, and his commitment to professionalism and community service. Training and Therapy with Danney 22. In or around June or early July 2015, Liuget began to train with Danney at his PEP training facility located in Scottsdale, Arizona. 23. Upon information and belief, Danney is not a licensed medical professional and is not licensed or authorized by law to administer injections uploads/s1/corey-liuget-v-ian-danney-et-al 1 .pdf

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