oe raw ee 10 " 12 13 14 15 16 17 18 19 20 21 2 23 24 25 26 Paul Gattone State Bar Number 012482 LAW OFFICE OF PAUL GATTONE Ashley Gilpin State Bar Number 029634 LAW OFFICE OF ASHLEY GILPIN 301 S. Convent Tucson, Arizona 85701 ($20) 623-1922 ttorneys for Defendants IN THE SUPERIOR COURT OF THE COUNTY OF PIMA IN AND FOR THE STATE OF ARIZONA. JOSHUA PASTNER, No: €20180244 Plaintiff/Counter-Defendant, vs. COUNTERCLAIM RONALD BELL Defendant, and JENNIFER PENDLEY, Defendant/Counter-Plaintiff. COMES now the Counter-Plaintiff who alleges: INTRODUCTION L This counterclaim for damages is based on emotional harm inflicted on Counter- Plaintiff Jennifer Pendley by Counter-Defendant Josh Pastner as a result of sexual assault, sexual battery, and intentional infliction of emotional distress. 2. This Court has jurisdiction over this action pursuant to Rule 13 of the Arizona Rules of Civil Procedure.Sic e sane n 12 13 14 15 16 17 18, 19 20 21 23 24 25 26 PARTIES 3. Counter-Plaintiff Pendley was, at the time of the incidents alleged, a resident of Oro Valley, Arizona, which is within Pima County. 4, Counter-Defendant Josh Pastner was, at the time of the incidents alleged, the head basketball coach at the University of Memphis and then at Georgia Tech University. 5. The actions in this counterclaim arose out of the initial subject matter of Counter- Defendant’s Complaint. 6. Pendley sues Counter-Defendant in his individual capacity. FACTUAL ALLEGATIONS RELEVANT TO ALL CAUSES OF ACTION 7. On February 9, 2016, Counter-Plaintiff Pendley and Defendant Bell traveled to Houston to support the University of Memphis (Memphis) men’s basketball team, of which Pastner was the head coach. 8. Memphis was scheduled to play against the University of Houston men’s basketball team on February 10, 2016, 9. Pendley and Bell were staying in the Hilton Americas Hotel in downtown Houston, where the Memphis Tigers men’s basketball team was also residing. 10. Pastner entered Pendley and Bell’s hotel room to discuss Jason Smith, who was writing the article in the Memphis Commercial Appeal, regarding Bell and Pastner’s friendship. 11, Bell, thinking the meeting was over, went into the restroom to use the restroom and take a shower. 12. Pastner did not leave the room, instead remaining in the hotel room alone with Pendley.ee 10 " 12 1B 14 15 16 17 18 19 20 21 22 23 24 25 26 13. Pendley was seated at the edge of the bed and Pastner was seated in a chair in the hotel room. 14, Pastner then stood up and walked to position himself directly in front of Pendley. 15. Pastner looked down at Pendley and began stroking her hair, telling her he noticed how she looked at him. 16, Pastner then removed his penis from his pants and began masturbating in front of Pendley, while holding on to her shoulder. 17, _Atthis point, Pendley began to cry and beg Pastner to stop. 18, Pastner then grabbed the back of Pendley’s head and attempted to force her head down, attempting to force Pendley’s mouth onto Pastner’s penis. 19. Pendley was resisting, crying and begging Pastner to stop, repeatedly telling him 20. Pastner did not stop. 21. Pastner then continued to masturbate in front of Pendley. 22, Pendley was still crying and yelling for Bell, who was still in the shower. 23. Pastner ejaculated on Pendley’s t-shirt. 24, Pastner then threatened Pendley not to say anything because he was the head coach of Memphis’ basketball team, and had been Bell’s friend for over twenty (20) years, whereas Penley had only been dating Bell for less than one (1) year and knew very powerful people who would make Pendley’s life “a living hell” if she ever mentioned, and these powerful people would harm Pendley. 25. Pastner then left the room.Soe anu nen ul 12 3B 14 15 16 17 18 19 20 21 2 23 24 26 35. Pastner would repeatedly grab and pinch Pendley’s butt, against her will, whenever Pendley was walking in front of him. 36. Pastner would forcibly push Pendley up against a wall and run his hands down her face, touch her breasts and the rest of her body, against her will, before releasing her. 37. Pastner would repeatedly bring up the sexual assault that occurred in Houston and again threaten her to remain silent about that assault, 38. Pendley again, did not tell Bell about these events, still fearing Bell would take Pastner’s side, as the two were best friends. She was fearful Pastner would make good on his threats to have her harmed if she mentioned the sexual battery. 39, After March 3, 2016, Bell and Pendley returned to their home in Oro Valley, AZ. and did not travel to visit Pastner until the start of the 2016-17 basketball season. 40. On April 8, 2016, Pastner became the head coach of the men’s basketball team at Georgia Tech University, located in Atlanta, Georgia. 41. On November 11, 2016, Bell and Pendiey traveled to Atlanta, Georgia, to watch Georgia Tech’s game against Tennessee Tech University. 42. Atthis time, Pastner began terrorizing Pendley again, and told her that he had missed seeing her. 43. Pendley repeatedly informed Pastier that this sexual assault and battery needed to stop. 44, On November 22, 2016, Bell and Pendley were in Atlanta, Georgia for a Georgia Tech home game against Sam Houston State University.ee a awe 10 ul 12 1B 14 15 16 17 18 19 20 21 23 24 25 26 45. Following a shoot around prior to the game against Sam Houston State University, Bell, Pendley and Pastner were together on the court because the entire team and staff were upstairs beginning the pre-game meal. 46. The three of them left the court to go upstairs to attend the pre-game meal. 47. Bell began walking ahead of Pendley and Pastner. 48. While Pendley and Pastner were walking up the stairs to exit the floor, Pastner again grabbed Pendley’s butt, believing no one was watching. 49. Court security witnessed this action. 50. Once arriving at the top of the stairs, Pastner pushed Pendley up against the stairs, and ran his hand down the front of her body, brushing over her breast, and then her vaginal area, 51. Pendley pushed Pastner off her and ran into the bathroom and cried. 52. When Pendley exited the bathroom, the member of the security team, noticed that Pendley did not look like her normal self and approached her. 53. The member of the security team told her he had seen what happened and asked if she was ok. 54. Onor about November 28, 2016, Bell and Pendley traveled to State College, Pennsylvania, to watch Georgia Tech take on Pennsylvania State University in University Park, Pennsylvania, 55. Georgia Tech was scheduled to play Penn State on November 29, 2016. 56. During this trip, Pastner, did not stop the behavior, and continued to tell Pendley that he had missed seeing her. 57. Pendley again informed Pastner that this conduct needed to stop.oe yan awn 10 u 12 13 14 15 16 17 18 19 20 21 2 23 24 25 26 58. Pastner also repeatedly grabbed Pendley’s butt when no one was looking. 59. On December 2, 2016, Bell and Pendley traveled to Knoxville, Tennessee, for a game between Georgia Tech and the University of Tennessee, scheduled to occur on December 3, 2016. 60. While in Knoxville, Bell and Pendley were having dinner with the Georgia Tech ‘men’s basketball team, 61. After the players had left, Pastner sat at the table next to Pendley and Bell. 62. While Bell was up getting food, Pastner ran his hand up and down Pendley’s leg underneath the table. 63. Pastner then ran his hand over Pendley’s vaginal area and threatened not to say anything about the sexual assault that occurred in Houston. 64. On August 10, 2017, prior to informing Bell about the sexual assault and sexual battery that Pastner inflicted on Pendley, she visited her primary care provider in Oro Valley, Arizona, 65. Prior to this visit, Pendley had been suffering nightmares, depression, and anxiety due to the trauma she suffered as a result of Pastner’s sexual assault and sexual battery. 66. Pendley finally got up the courage to discuss the sexual assault with her primary care provider, as she could not contemplate this behavior continuing for a third consecutive season. 67. Her primary care provider suggested she meet with a counselor and a psychiatrist to help her recover from the trauma, 68. Her primary care provider referred her to a psychiatrist. 69. On August 23, 2017, Pendley signed up for an appointment with Tucson Counseling. 70. Pendley received her welcome packet for this provider on August 23, 2017. “T+ee aan een 10 nN 12 13 14 15 16 17 18 19 20 21 2 23 24 25 26 71. On October 2, 2017, when Bell and Pastner’s relationship began to deteriorate, Pendley finally told Bell about the sexual assault and sexual battery. 72. Pendley first sent notice of the sexual battery and assault to Pastner and his attorneys on December 20, 2017. 73. Pendley suffers from pulmonary hypertension. 74, In January, 2018, Pendley had an appointment at Banner University Medical Center with a Pulmonary Hypertension Social Worker as a result of the emotional trauma she suffered as a result of Pastner’s actions and her worsening conditions of pulmonary hypertension due to the trauma. 75. This social worker, Lilly Mees, referred Pendley to a women’s groups for victims of sexual assault, 76. — Asadirect and proximate result of the above acts of the Pastner, Pendley suffered the following injuries and damages: A) Physical, mental and emotional pain and suffering: COUNT ONE: SEXUAL BATTERY 77. Counter-Plaintiff restates and incorporates by reference each and every allegation contained in the foregoing paragraphs, as though fully set forth herein, 78. — Counter-Defendant intended to cause offensive sexual contact with Counter-Plaintiff 79, Counter-Defendant caused offensive sexual contact with Counter-Plaintiff 80. Asa direct and proximate result of Counter-Defendants’ actions, Counter-Plaintiff’ suffered loss of physical, mental and emotional pain and suffering, anxiety, depression, and insomnia.au awn 10 ul 12 13 4 1s 16 7 18 19 20 2 22 23 24 25 26 COUNT TWO: SEXUAL ASSAULT 81. Counter-Plaintiff restates and incorporates by reference each and every allegation contained in the foregoing paragraphs, as though fully set forth herein, 82. Counter-Defendant intended to cause offensive sexual contact with Counter-Plaintiff. 83. Counter-Defendant caused Counter-Plaintiff apprehension of an immediate offensive sexual contact, 84. As adirect and proximate result of Counter-Defendants’ actions, Counter-Plaintiff suffered loss of physical, mental and emotional pain and suffering, anxiety, depression, and COUNT THREE: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 85. Counter-Plaintiff restates and incorporates by reference each and every allegation contained in the foregoing paragraphs, as though fully set forth herein, 86. Counter-Defendant intentionally and recklessly caused Counter-Defendant emotional distress. 87. Counter-Defendant’s conduct was extreme and outrageous as he continually sexually assaulted and harassed Counter-Plaintiff, despite her repeated protestations to stop. 88. Counter-Defendant’s conduct was reckless as Counter-Plaintiff repeatedly begged Counter-Defendant to stop this behavior. 89. — Counter-Defendant’s conduct caused Counter-Plaintiff to suffer severe emotional distress.Cer awn een 10 ul 12 1B 14 15 16 17 18 19 20 2 22 23 25 26 90. Asa direct and proximate result of Counter-Defendants’ actions, Counter-Plaintif? suffered loss of physical, mental and emotional pain and suffering, anxiety, depression, and insomnia, CLAIM FOR RELIEF WHEREFORE, the Counter-Plaintiff asks that this court grant him the following relief: a. Specific damages to include, but not limited to, medical expenses spent by Counter-Plaintiff to receive therapy for the sexual assault and sexual battery committed by Counter-Defendant b. General damages against Counter-Defendant in an amount to be determined upon consideration of the evidence; ¢. Punitive damages against Counter-Defendant in an amount to be determined upon consideration of the evidence; 4. Costs of this suit; e. Granting any and all other relief that the court deem appropriate. JURY TRIAL DEMANDED REPECTFULLY SUBMITTED this 8th day of February, 2018. Pal = Attomey for Counter-Plaintiff -10-