1000323360v1

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK
------------------------------------------------------------ x
LINDSAY LOHAN,
Plaintiff,
- against -
TAKE-TWO INTERACTIVE SOFTWARE,
INC., ROCKSTAR GAMES, ROCKSTAR
GAMES, INC. and ROCKSTAR NORTH,
Defendants.
:
:
:
:
:
:
:
:
:
:
:
:
:
AFFIRMATION OF JARED I. KAGAN IN
SUPPORT OF DEFENDANTS MOTION
TO DISMISS AND FOR SANCTIONS
Index No. 156443/2014
------------------------------------------------------------ x
Jared I. Kagan, an attorney at law admitted to practice before the courts of this state,
affirms under penalty of perjury as follows:
1. I am an associate with the firm of Debevoise & Plimpton LLP, attorneys for
Defendants in this action (together Take-Two), and am a member in good standing of the Bar
of the State of New York. I submit this affirmation in support of Defendants Motion to Dismiss
and for Sanctions.
2. Annexed as Exhibit 1 hereto is a true and correct copy of the Verified Complaint
filed in this matter by Plaintiff on July 1, 2014 (Complaint), in the form that it was filed with
the Court and served on Take-Two. Although the Complaint makes reference to an Exhibit A,
no exhibit was filed with the Court or included with the Complaint when it was served on Take-
Two.
3. Annexed as Exhibit 2 hereto is a true and correct copy of Exhibit A to the
Complaint, as sent by counsel for Plaintiff to internal counsel for defendants, by letter dated July
24, 2014. Annexed as Exhibit 3 is an original, uncropped high resolution copy of the image of
FILED: NEW YORK COUNTY CLERK 08/21/2014 07:21 PM
INDEX NO. 156443/2014
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 08/21/2014
2
1000323360v1
Plaintiff that is included in Exhibit A to the Complaint. Exhibit 3 is also included on a DVD
accompanying this affirmation.
4. Annexed as Exhibit 4 hereto is a set of images. The images on the left are true
and correct copies, from the business records of Take-Two, of the Lacey Jonas character from
Take-Twos video game Grand Theft Auto V. The images on the right are of Plaintiff: one
image of Plaintiff is from http://www.nydailynews.com/entertainment/gossip/lindsay-lohan-new-
mug-shot-article-1.1293648; the second image of Plaintiff is from
http://www.collegefashion.net/beauty-and-hair/nude/polish-new-nail-trend/attachment/Lindsay-
lohan-with-nude-nails/.
5. Annexed as Exhibit 5 hereto is a true and correct copy of an article entitled
Grand Theft Auto Is Todays Great Expectations, published on time.com, dated September 20,
2013.
6. Annexed as Exhibit 6 hereto is a true and correct copy of an article entitled
Grand Theft Auto V Is a Return to the Comedy of Violence, published on nytimes.com, dated
September 16, 2013.
7. Annexed as Exhibit 7 hereto is a true and correct copy of a blog post entitled
Grand Theft Auto 5 Customization, Economy and First Side Mission! published on
digitoll.wordpress.com, dated June 30, 2013.
8. Annexed as Exhibit 8 hereto is a true and correct copy of an article entitled
Grand Theft Auto V Pre-order Items, published on gameinformer.com, dated November 1,
2012, which includes the image Stop and Frisk from Grand Theft Auto V.
3
1000323360v1
9. Annexed as Exhibit 9 hereto is a true and correct copy, with certain identifying
information redacted, of a letter from Take-Two internal counsel to counsel for Plaintiff, dated
July 8, 2014.
10. Annexed as Exhibit 10 hereto is a true and correct copy of Google search results
that include images of Beach Weather, limited by date from November 1, 2012 through
December 1, 2012. Annexed as Exhibit 11 hereto is a true and correct copy of Google search
results that include images of Stop and Frisk, limited by date from November 1, 2012 through
December 1, 2012.
I affirm under penalty of perjury that the foregoing is true and correct.
Dated: New York, New York
August 20, 2014
/s/ Jared I. Kagan
Jared I. Kagan