Weinstein Class Action: Plaintiff Declarations

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The following declarations are from Hagens Berman's clients and class representatives in the class-action lawsuit filed against Harvey Weinstein. They have been publicly filed in the proposed settlement order and are available for use and distribution.

Caitlin Dulany

I, Caitlin Dulany, under penalty of perjury, do hereby state as follows:

1. I am over the age of eighteen (18), and a Named Plaintiff and proposed Class Representative in the above-entitled action. This Declaration, which is based on my personal knowledge of the facts stated herein, is submitted in support of the Motion for Preliminary Approval of Class Action Settlement.

2. As a Named Plaintiff, I bring this action for damages on behalf of myself and all similarly situated women who were harmed by the abuse and sexual misconduct of Harvey Weinstein and the complicit companies and individuals as described in the First Amended Class Action Complaint [Dkt. 140].

3. I met Harvey Weinstein one cold winter night in 1996 outside the Miramax offices in Tribeca. I was there to participate in the reading of a screenplay at the company’s theater. I was a young actress thrilled to be living in New York, the center of film culture at the time. Harvey befriended me, acted as a mentor and gained my trust.

4. When he assaulted me months later at the Cannes Film Festival, my life was forever changed. In less than a year, I packed up and moved to Los Angeles, leaving behind cherished friends and family and the world that I once loved but that now felt tainted and threatening. Harvey was the self-appointed king of New York, and I was terrified of him and his influence. I kept silent about my assault, living with feelings of fear, trauma and shame that deeply affected my life and career for more than 20 years.

5. When I learned from media reports that Harvey Weinstein had sexually harassed, assaulted, and abused women for decades, I was incredibly upset and decided to contact a lawyer.

6. I contacted Hagens Berman to ask about pursuing a claim against Harvey Weinstein, and related companies and individuals. After speaking with a lawyer about all of my legal options—which included filing an individual lawsuit—I made the decision to join the class action as a Class Representative.

7. When I came forward and shared my story about the assault, I knew there wouldn’t be a straight path to justice. Harvey had always made it his business to avoid accountability, leveraging his power to hide behind a web of deceit for decades. Yet I was determined to see some measure of justice done and that is why I decided to join the civil class action lawsuit.

8. I chose to act as a Class Representative because I thought it was the best option for pursuing my claims against Harvey Weinstein and the companies and individuals that enabled his predatory actions. The class action suit was filed against Harvey for his pattern of sexual abuse, as well as against The Weinstein Co., his studio, Miramax, and officers and directors of both companies to hold them responsible for their negligent supervision of Weinstein.

9. I felt the companies’ officers and directors were liable for Weinstein’s actions because they implicitly approved of his conduct by blatantly looking the other way, and forcing women into silence through nondisclosure agreements without penalty to Weinstein. The officers and directors protected and enabled Weinstein’s behavior. They knew Weinstein used corporate funds to perpetrate the assaults, paid for expenses associated with assaults, such as hotel suites, and approved settlement payouts to women Weinstein sexually assaulted. They knew company officers, employees, and assistants were used to help procure and deceive women into meeting with Weinstein under the guise of official business knowing that Weinstein would sexually assault them. Had the officers and directors chosen to do the right thing at any point and stepped in to stop his behavior, I believe, dozens of women who came into contact with Weinstein would not have been victimized.

10. Once I joined the class action, I knew I wasn’t alone. The assaults on us were designed to isolate and intimidate, but the class of survivors represented a unified front that offered solace and strength, and we reclaimed our power through our shared experiences. It gave us the opportunity to amplify our voices in behalf of all of Harvey’s victims. There are so many women who are long overdue for justice and relief and deserve some form of recompense. Joining forces in a class action, we could fight for all of them.

11. I am a part of this case to help right a wrong. It was not an easy decision to act as a Class Representative. Participation required me to relive a traumatic experience, file a description of my experience on the public docket—which was heavily reported by the national and international news media— and open myself up to potential discovery. However, I found the strength to come forward because I wanted to prevent this type of misconduct from happening to other women.

12. Hopefully, this case will deter companies and individuals from harboring sexual predators in the future.

13. Over these last two years, we have faced many challenging moments and setbacks.

14. The first blow came when The Weinstein Co. declared bankruptcy in March 2018. This greatly limited the assets that could be rendered to us. The power of our collective class action allowed us to negotiate to create a victims’ fund with the company’s remaining assets—its insurance policies.

15. Many well-known people in the film and television industry who were owed money from Weinstein’s bankrupt companies and had done nothing wrong sacrificed their interests to create the victims’ fund. Their kindness in stepping aside so the victims could get paid was deeply moving.

16. But then we faced a second blow, when the court dismissed claims that extended past the statute of limitations, as well as those against Miramax, The Weinstein Co. and officers and directors of both companies. Unfortunately, losing this ruling, along with similar rulings in the individual cases, significantly diminished the leverage we had in our negotiations with The Weinstein Co.’s board and insurance carriers.

17. This was devastating news for me and so many others who had been shamed and coerced into silence and fear for so many years. Perpetrators like Weinstein can survive only if they are enabled and protected by those around them, yet those protectors — the companies he founded and his board of directors — were absolved.

18. Nonetheless, as a result of our advocacy, all the women who have been sexually assaulted and harassed by Weinstein will be able to make claims in the victims’ fund. Without the class action, it is unlikely a victims’ fund would have been created at all.

19. That’s just one of the many reasons that I’m gratified by this settlement and saddened by the misunderstanding and criticism to which it’s been subjected. One such misconception is that the settlement somehow pays for Weinstein’s defense costs. That is not true, as Weinstein and the other defendants already had insurance to cover their legal costs.

20. Some lawyers also claim that the class action group is pressuring women who want to sue individually to join the class. This is absolutely not true. The women who elected to bring individual claims outside the class action and women who were assaulted during the time he was at Miramax have the opportunity to opt out of the settlement and pursue their own claims.

21. It has been a difficult, long road to reach this settlement, and I have felt many things over that time: heartbroken, enraged, hopeless, defeated and often as powerless as I felt when I was assaulted. There were many ups and downs throughout this process, from negotiations, to the bankruptcy, to having my claims dismissed, to finally reaching the settlement. All of these events took a psychological and emotional toll on me, but I feel a great responsibility to all of the women harmed as a Class Representative. It was important to me to concentrate on that responsibility, to be fully involved in the process, and remain levelheaded and calm to move forward on behalf of all of the women I represent. Even though I focused on being a positive force in this case, there were still times when I felt like giving up. But I didn’t give up. Achieving a measure of justice and relief for the many women whom Weinstein harmed over 25-plus years has been so difficult and hard won.

22. I am proud of our willingness to fight for justice and relief for Weinstein’s victims. I’m proud of the certainty of payments for his victims, even those who wish to remain anonymous. I’m proud we fought against pervasive silence and, most important, I’m proud we took a stand to advocate for our truth and power. Our coming forward with our accusations helped encourage more victims to speak, more documentation to be unearthed and more momentum to strengthen the efforts to bring justice for the survivors through this fund.

23. While I believe no settlement will make up for Harvey Weinstein’s predatory sexual harassment, assault, and abuse, and the individuals and systems in place that protected him for so long, I whole-heartedly support the settlement. The settlement ensures class members can stand together, be heard, and receive some compensation and closure.

24. I support the settlement as a fair and adequate outcome for the class. The settlement is an opportunity for all the survivors to receive acknowledgement and compensation for the sexual abuse and harassment they endured.

25. I support the class settlement because it not only fairly compensates the class, but it affords women a choice about the level of participation they are willing and able to undertake in order to submit their claims. This choice will minimize the emotional and logistical impact on class members.

26. In February 2020 class counsel contacted me to explain the terms of the settlement. I fully understand the terms and conditions of the settlement.

27. I also understand that as a class member I have a right to opt out of the settlement class and/or object to the class settlement in court.

28. Class counsel has shown me the following definition of the settlement class, which they propose should be used in the Class Notice notifying class members about this case, the certification of the class in this case, the scope of that class, the claims in the case, and what class members must do in order to be included or excluded from the class.

29. For purposes of this settlement, the class is defined as all pre-2005 subclass members and all post-2005 subclass members, collectively.

30. The pre-2005 subclass means all women who met with Harvey Weinstein in person, before September 30, 2005, (i) to audition for or to discuss involvement in a project to be produced or distributed by Miramax, LLC, Miramax Film Corp., Miramax Film NY, LLC, The Walt Disney Company, Disney Enterprises, Inc., or Buena Vista International, Inc. or (ii) in a meeting or event facilitated, hosted, or underwritten by Miramax, LLC, Miramax Film Corp., Miramax Film NY, LLC, The Walt Disney Company, Disney Enterprises, Inc., or Buena Vista International, Inc.

31. The post-2005 subclass means all women, on or after September 20, 2005, who met with Harvey Weinstein in person (i) to audition for or to discuss involvement in a project to be produced or distributed by The Weinstein Company Holdings, LLC or a subsidiary or division thereof, or (ii) in a meeting or event facilitated, hosted, or underwritten by The Weinstein Company Holdings, LLC or a subsidiary or division thereof; or (iii) were employed, whether full-time, part-time, temporarily, as an independent contractor, or as an intern, by The Weinstein Company Holdings, LLC or a subsidiary or division thereof.

32. This definition clearly communicates which persons are in the class and which are not. From this description, people would understand who is included in the class without further description or detail.

Jill Doe

I, Jill Doe, under penalty of perjury, do hereby state as follows:

3. In 2016, I was an aspiring actress and filmmaker in New York City and met Harvey Weinstein around April at a gala just as I was about to graduate from college. I had just finished my first short film which had been accepted to several international film festivals. Weinstein gave me his number and email address and told me he wanted to watch my film. After he watched my film, Weinstein asked me to meet him during the daytime at a public place for coffee to discuss it. The meeting was professional. Weinstein gave me critique, but overall was positive about the film. I told him about another short film script I was getting ready to film. He asked to see it, so I sent it to him.

2. The next day Weinstein called me to meet to discuss the short film script. We met the next week, during the day, for coffee. Weinstein told me he loved my mind, he thought I was intelligent, different, and more sophisticated than other girls he met. Weinstein continued this pattern for several weeks. Weinstein or The Weinstein Company (TWC) assistants would call or email me and tell me where to meet him. He met me for coffee or lunch, instructed me to watch certain films, and gave me instructions for scripts I should write or lists of books I should read. He would often check in on my progress and made many comments about projects that I should be a part of and meetings he wanted to set up for me. He told me he saw my potential and, if I listened, he would help steer me in the right direction professionally. The relationship was becoming very much that of a mentor/mentee. He knew I was his daughter’s age, and new much about my family life and that I had a boyfriend with whom I was in a long distance relationship.

3. As the 2016 Cannes Film Festival approached, Weinstein told me that he would include me in all events and meetings at the festival. One evening, before Cannes, Weinstein invited me to an event along with other TWC employees where a world-renowned musician was performing. After the performance, Weinstein took me backstage and introduced me to the musician’s manager, and talked to me about working with TWC and the musician on an upcoming production. The discussion about collaborating with this musician continued for about a week, until finally, the day before Weinstein left for Cannes, I was invited to dinner with the musician, the manager, and Weinstein. That night soon became one of the worst nights of my life.

6. I met Weinstein at the Tribeca Grill. He was alone and I assumed the rest of the group would be arriving soon. I had a glass of wine, and eventually became uncomfortable, having the eerie feeling that no one else was coming.

7. Suddenly, Weinstein said he had forgotten his iPad in a hotel room at The Greenwich Hotel next door. “Come, just come. It’ll be quick. We’ll be right back,” Weinstein said to me. I didn’t feel comfortable going, but he made it seem like it wasn’t an option, speaking forcibly as if it was final. In the hotel room, I lingered in the doorway as Weinstein went about “looking” for his iPad. Weinstein went into the bathroom. He came out half naked, and asked me for a massage. I said no, I would not give him a massage and he insisted, calling me a prude and insulting me, saying that if I was in fact Spanish, why was I being so boring and reserved? He laid down on the bed. I reluctantly gave him a shoulder massage thinking I might be able to get out of there relatively unscathed if I gave him a quick massage. He then sat up and forced his hands on my shoulders, telling me to relax and that he wanted to give me a massage. I told him I did not want a massage. Weinstein insisted that I take off my sweater. When I said no, Weinstein forcibly removed it.

8. Weinstein was three times my size, and used his size to maintain control of me. I was scared. Weinstein pushed me down on the bed. As I told him no and to stop, he kept telling me to relax, that I wanted this. Weinstein pulled down my pants and underwear despite my protests, and performed oral sex on me. I froze. He put water in his mouth and poured it on my privates as he went down and I felt like I could not move. I was in shock. At first I thought that maybe if I just didn’t respond he’d stop. I disassociated from what was occurring. Weinstein continued until he eventually got tired of it and then sat up. I sat up too. I wanted to leave, to run out, but Weinstein grabbed my wrist, said “come” and pulled me down so that my head was between his legs. I could not get away, and when I said no, Weinstein told me, again, that yes, wanted to do this. I gagged and did not perform what he wanted, and so Weinstein told me to get up, and pulled me into the bathroom to a full-length mirror where he stood behind me, masturbated, and ejaculated on me. I remained in shock. I still do not recall how I got home that night.

9. The next day, Weinstein called me and told me to meet him. I was afraid to say no or to not answer him. I had hoped that because I had rejected him, we would resume the mentor-mentee relationship and that he would realize that I didn’t want a sexual relationship with him. I agreed to meet him in the hotel lobby. When I got to The Greenwich Hotel, he told me no one could know about the night before. He gave me a travel bag as a gift for Cannes, but I told him I couldn’t accept it. He told me I had to take it, but again, that I could not tell anyone what happened the night before. He also told me “Cannes this year will be a big year for you.”

10. Two weeks later I arrived at Cannes, and Weinstein told me there was an agent he wanted me to meet and to come to his hotel. I met him and a woman named Charlotte at the hotel’s restaurant. To this day I don’t know what her relationship was to Weinstein or TWC. Weinstein said that the restaurant felt too crowded and that we should go to his suite. I felt uncomfortable, but Charlotte seemed at ease, so I felt safe. In his hotel room, he sat us both down, turned to me and said that Charlotte knew about our relationship.

11. This was the first time since that night at The Greenwich, which had been the one and only incident, and Weinstein said, it was okay, Charlotte wouldn’t tell anyone, “Right Charlotte?” Charlotte nodded her head. He also said that ever needed anything, I could call Charlotte. Weinstein said to me within Charlotte’s hearing: “Don’t tell anyone, they wouldn’t understand.” I knew that it was wrong, but I also felt like he had something on me. And now this other woman had heard some story from Weinstein and his version of what the relationship was, and I had no power.

12. After Cannes, Weinstein manipulated me into believing that he controlled my success as an actress and a filmmaker. I believed that in order to pursue my career, I had to meet with him and to have a professional relationship with him. Weinstein pretended to be my mentor who would give me advice and support, saying that he truly cared about me and my career, but also kept this secret over my head, saying that no one would understand, especially my boyfriend, my family members whom he had met, and other people in the industry. Throughout this time, I had multiple meetings with industry producers about projects and put hours into preparing pitches and work as instructed by Weinstein. I had many communications with and through TWC staff and throughout each communication, I did my best to remain professional.

13. For nine months, over my protests, he manipulated me into doing things I did not want to do. Weinstein insisted constantly that I should have sex with him. When I refused (which I always did), he would make fun of me, calling me prudish. He would describe the sexual experiences he had with famous actresses, telling me I should be more free and willing like them. The actions from that first night at The Greenwich repeated on an ongoing basis. Weinstein abused, objectified and humiliated me, requiring me on many occasions to stand naked in front of a mirror, while he stood naked close behind me, and masturbated. He would also have me come to “meetings” with other women, attempting to get me to have a threesome when I repeatedly told him I didn’t want to. On multiple occasions he wouldn’t let me leave the room unless I watched him and other women have sex.

14. He forced me to fellate him, touch his penis, and allow him to touch me. No matter how often I told him I did not want to do anything, he would persist. I was scared to speak out. I was scared that this powerful producer would make my career go away before it had even started, blacklisting me, and that he would humiliate me in public, and in front of those I loved most. Some of the most horrible memories were when I did muster up the courage to say “Stop...I don’t want this, I don’t want to do this,” and he would act as if he understood, but then he still made me stand there while he finished. Either that or he would get angry, which scared me until I would freeze again.

15. I developed anxiety attacks that surfaced randomly and without warning, over ordinary events. I lost about 15 pounds from my normal weight of 115. I distanced myself from friends out of embarrassment, and I lied about where I was and what my relationship to this man really was. I forced myself to be in a happy mood when I was desolate, but I don’t think I would have survived otherwise. What he did to me disgusted me, but I had fallen so far down the rabbit hole and could not get out.

16. Finally, on one occasion while Weinstein was masturbating in front of the mirror, I was completely numb and having an out-of-body experience. Weinstein told me that he saw how much his actions hurt me and how much I didn’t enjoy it. He promised he was never going to abuse me again.

17. A few weeks later, Weinstein invited me out for coffee. I thought, “ok, I can go because I’m safe now, he promised me.” When I arrived, there was another woman present to whom I had previously been introduced. Weinstein demanded we both “take care of him” together, meaning sexually. He seemed to think that if I had a partner I would be okay with it. I felt so embarrassed, betrayed, and disrespected. I refused to take my clothes off and he eventually demanded that I leave the room. I waited in the hallway for the other woman, whom I had met before at parties. I felt so guilty leaving her in there, for having not stood up for the both of us.

18. In January 2017, while in Los Angeles, my boyfriend suspected something and confronted me about it, and everything spilled out. The flood gates had opened, and I spent, days crying and having panic attacks. I fainted in the shower and remember getting out and seeing my body in the mirror, wet and skinny, and I completely broke down.

19. Days later, I confided in my mom about the abuse. I told my mom everything. I had never told her anything before out of fear. Loving and caring, my mom helped me extract myself from the abuse. When I got back to New York, I wrote Weinstein a letter, trying to distance myself from him without making him angry. I didn’t hear from him for months.

20. In late spring 2017, Weinstein contacted me out of the blue, demanding to know whether I had told an investigative journalist friend of mine about my experiences with him. I had not. He then demanded to know whether I had told anyone else. I said no. He made clear I was not to tell anyone what he had done to me. He then hung up.

21. During these events and for a period afterwards, Weinstein’s abuse of me was normalized, and it wasn’t until I realized that there were others, like me, whom he had also abused that I realized I had the ability to take legal action to stop his predatory behavior. After the first New York Times article came out, I met a few women in the industry who had filed claims, and so I explored the idea of contacting an attorney. These other women, who became my support system, suggested several attorneys, and I ultimately chose Beth Fegan, then at the Hagens Berman firm.

22. I didn’t know much about the legal process, but I soon began to learn. For example, I learned that my claims against Weinstein were not barred by the statute of limitations, unlike many of his other victims. I realized that I could bring my individual claims against Weinstein, but decided that being a part of a class action would enable me to add my claims to the case which, in turn, would help all victims. Being a class representative was the right thing to do.

23. I know there were other victims who did not have the connections and support system that I had or the ability to navigate the legal system, and the thought of being part of a class action, which would help all of Weinstein’s victims regardless of their access to resources, would be powerful and important.

24. I chose to be a class representative to make change. I want Weinstein to be held accountable for his behavior, and for once in his life have consequences of his actions, but I also wanted to hold those individuals at TWC accountable for their role the events – for their roles in making Weinstein’s victims sign non-disclosure agreements, turning a blind eye to his sexual assaults which they knew were occurring, and normalizing such predatory, criminal behavior. Many of the emails and correspondences from Weinstein were sent through TWC employees and, the combined stories of all his victims show that the company as a whole was involved throughout the years. Companies and those in charge of the companies need to be held responsible, and I believed I could, and am, making a change by being part of the class action.

25. Despite TWC’s bankruptcy and the individual officers and directors being dismissed, I am not discouraged because I know the mentality and character of the people we were dealing with. I know they will fight tooth and nail to do what is best for their own interests and will fight to save themselves money, because that’s what they’ve been doing for decades. As a result, the creation of a victim’s fund as part of the settlement is very important. It sends a message to companies that if they protect sexual predators, they will be called to account for it. The fund will not only help me move forward, as I deal with having no health insurance and health issues related to what I endured, and have suffered career setbacks since meeting Weinstein years ago; it will also help those many women who were victimized but are not able to come forward, or do not have the ability or resources to press their own charges.

26. Being a class representative was not easy, yet I never wanted to run away from my commitment to the case. In addition to the emotional toll of reliving the events and being forced to talk about them repeatedly, it also took a great amount of time out of my everyday life. I had to review documents, spend time in conference with my attorneys, and take on tasks to help the case, including writing a letter which was part of the bankruptcy. These tasks also took a toll on my emotional health, as I’ve had to bring my trauma to the surface time and time again during the legal process. All of this took away from other parts of my life, yet it I never begrudged this because I knew that the resolution of the case, through the settlement, was bigger than any of us individually.

27. All through this process, I’ve become familiar with the terms of the settlement, and have had several conversations with my attorneys about the settlement terms. I fully understand the terms and conditions of the settlement, and I support it.

28. Although no amount will ever be enough for what we each collectively suffered, I believe the settlement is a fair and adequate outcome for the class, especially in light of the bankruptcy and that we are receiving payment from insurance companies that insured entities and individuals who have been dismissed from this case.

29. I also support the class settlement because it gives women the ability to choose as to how they want to participate when they submit their claims, which will minimize the emotional toll on class members.

30. Class counsel has shown me the following definition of the settlement class to be used in the Class Notice, notifying class members about this case, the certification of the class, the scope of that class, the claims in the case, and what class members must do in order to be included or excluded from the class.

31. For purposes of this settlement, the class is defined as all pre-2005 subclass members and all post-2005 subclass members, collectively.

32. The pre-2005 subclass means all women who met with Harvey Weinstein in person, before September 30, 2005, (i) to audition for or to discuss involvement in a project to be produced or distributed by Miramax, LLC, Miramax Film Corp., Miramax Film NY, LLC, The Walt Disney Company, Disney Enterprises, Inc., or Buena Vista International, Inc. or (ii) in a meeting or event facilitated, hosted, or underwritten by Miramax, LLC, Miramax Film Corp., Miramax Film NY, LLC, The Walt Disney Company, Disney Enterprises, Inc., or Buena Vista International, Inc.

33. The post-2005 subclass means all women, on or after September 20, 2005, who met with Harvey Weinstein in person (i) to audition for or to discuss involvement in a project to be produced or distributed by The Weinstein Company Holdings, LLC or a subsidiary or division thereof, or (ii) in a meeting or event facilitated, hosted, or underwritten by The Weinstein Company Holdings, LLC or a subsidiary or division thereof; or (iii) were employed, whether full-time, part-time, temporarily, as an independent contractor, or as an intern, by The Weinstein Company Holdings, LLC or a subsidiary or division thereof.

34. This definition clearly communicates which persons are in the class and which are not. From this description, it is my opinion that people will understand who is included in the class without further description or detail.

35. As a member of the post-2005 subclass, I understand that I do not have a right to opt out of the settlement. However, I do have the right to object to the class settlement in court.

Katherine Kendall

I, Katherine Kendall, under penalty of perjury, do hereby state as follows:

3. In 1993, when I was 23 years old, my mother met Harvey Weinstein at a small industry party on Martha’s Vineyard. Weinstein provided his contact information to my mother and insisted she have me contact him to discuss my career.

4. I did not feel comfortable contacting Weinstein personally, so I passed the information to my agency. My agent then contacted Weinstein at Miramax and scheduled a meeting. I went to the meeting at Miramax, where I met with Weinstein in his office. Weinstein gave me the scripts for the Miramax movies “Beautiful Girls” and “Things To Do In Denver When You’re Dead,” told me I was a great fit, and he had parts for me in those movies. He welcomed me to “the Miramax family.” I was very excited to receive these opportunities. The meeting was professional, the doors to his office were open and I felt safe because female employees from Miramax were present.

5. After the meeting, Weinstein walked me to the elevator, and invited me to a “screening” of “Red Rock West” that afternoon. Weinstein stated that he would use the opportunity to introduce me to numerous people. Weinstein’s assistant from Miramax contacted me via telephone to arrange for a car to pick me up to take me to the screening.

6. When the car arranged by Miramax arrived, Weinstein was the only other passenger. He took me to a regular movie showing – not a private screening with industry participants. I felt very uncomfortable, and I decided I wanted to leave the outing on my own and not with Weinstein.

7. After the movie, I told Weinstein I was going to take the subway home and asked him to point the way. Weinstein responded that he lived “right here” and had to go up to get something first. I said I would wait downstairs. Weinstein, using intimidation and manipulation, bullied me into coming up to his apartment. He said he would walk me to the subway after. I declined several times, but finally gave in because I did not know where I was, and he was supposed to walk me to the subway.

8. Once we were in the apartment, I thought I might not be in danger. Pictures of Weinstein’s wife were on display. Weinstein treated me as an intellectual equal. We talked for approximately one hour, discussing art, politics, books and movies. Weinstein again promised me the two parts, as well as helping me find additional opportunities. He told me “You’re in good hands.”

9. Then Weinstein went to the bathroom and returned wearing a robe. I became distressed. Weinstein repeatedly requested a massage, and I refused. Weinstein told me that “everyone does it,” claiming that specific actresses “did it all the time” and asking why I was making “a big deal” out of the situation. I again refused and told Weinstein that he was making me very uncomfortable. I was visibly upset, shaking and on the verge of tears.

10. Weinstein then went back to the bathroom; when he returned, he was naked. I felt an immediate “fight or flight” response, with a burst of adrenaline and fear. He then stood between me and the door, informing me that my refusal to provide sexual services had “insulted” him. Weinstein chased me around the apartment, demanding that I kiss him, that I touch him, and that I allow him to see my breasts. Weinstein barred me in the apartment, placing me in imminent fear for my life and my safety. I believed that I was about to be raped.

11. After a distressing amount of time, Weinstein finally agreed to allow me to leave if I would allow him to accompany me to a taxicab. Weinstein then took me to a taxi, but physically forced his way into the taxi with me. For that reason, I claimed I was meeting my boyfriend at a bar. When the taxi arrived at the bar and I was allowed to exit, Weinstein remained in the taxi for approximately 20 minutes, watching my movements in the bar.

12. After the assault, I experienced both emotional distress and physical pain, along with shame, depression, and a loss of self-worth. However, I believed that if I were to disclose the assault, I would be blacklisted and blamed as a result of Weinstein’s power in the industry. Neither Weinstein nor Miramax followed through on the two promised films.

13. Weinstein called me several times after the assault. Each time he attempted to contact me, I became upset. I knew Weinstein could hurt my career, but did not want to return to a situation in which a powerful figure in the industry could demand sexual favors from me.

14. Since the assault, I have experienced depression. I has lived my life “smaller,” feeling like I don’t have what it takes (if what it takes includes providing sexual favors) to be in the film business. At various times since the assault, I had had to remove myself completely from the entertainment industry in an effort to address my post-traumatic stress and emotional trauma.

15. Twice during the summer of 2017, a man with an English accent identifying himself as “Seth Freeman” telephoned me. “Freeman” claimed that he was a reporter for The Guardian and that he was doing a story on the Hollywood casting couch. “Freeman” told me that Rose McGowan was going to come forward in The New York Times about a “powerful producer.”

16. “Freeman” continued to press me, attempting to get me to say that I had or was going to talk to reporters at The New York Times about my experiences with the casting couch and producers. These contacts, which had come from out of the blue, caused me to experience emotional distress.

17. Reporters from the BBC subsequently informed me that a person identifying himself as “Seth Freeman” had also contacted other women who may have been harassed or assaulted by Weinstein. I don’t believe anyone named Seth Freeman worked for The Guardian during the summer of 2017.

18. On November 18, 2017, The Observer (a sister publication to The Guardian) reported that it had gained access “to a secret hit list of almost 100 prominent individuals targeted by Harvey Weinstein in an extraordinary attempt to discover what they knew about sexual misconduct claims against him and whether they were intending to go public.” Prepared in early 2017, the list was “part of a strategy to prevent accusers from going public with sexual misconduct claims against him” and was distributed to a team for the purpose of “suppress[ing] claims that he had sexually harassed or assaulted numerous women.”

19. According to The Observer, “Individuals named on the list were to be targeted by investigators who would covertly extract and accumulate information from those who might know of claims or who might come forward with allegations against the film producer. Feedback was then to be relayed to Weinstein and his lawyers.”

20. Composed of 85 names, with an addendum identifying another six individuals, the list reportedly included individuals working in acquisitions, marketing and distribution, along with producers, publicists, human resources staff, and actors. Forty-three men and 48 women are named. The majority live in New York, with others from London and Los Angeles.

21. Weinstein’s 2017 list of targets included me. Based on my inclusion on the list, and the fact that no “Seth Freeman” worked at The Guardian, I believe the man who contacted me purporting to be “Seth Freeman” in the summer of 2017 was an agent of Weinstein’s. The fact that I had been targeted for apparent surveillance and investigation by Weinstein and his cronies has caused me significant additional distress and significant fear.

22. I contacted Beth Fegan about pursuing a claim against Harvey Weinstein. I learned that my claims were outside of the statute of limitations, but that a class action would be brought on behalf of all women, regardless of the statute of limitations, and being a class member was very empowering, like a true group effort on behalf of all victims. People like me who added their names to the class action gave all victims a voice, and I felt that being a part of the class action was the right decision.

23. Being a class representative has not been easy because you put yourself on the world’s stage. It’s a vulnerable feeling because you have to relive the traumatic events that happened to you, and at the same time hear criticism from others about the way the case is proceeding. The legal system is something new to me, and the case is complicated, but I wholeheartedly trust my attorney and Louisette Geiss.

24. I understand the terms of the settlement, and I know that monetary recovery will help women heal from the trauma. Even though no dollar amount could ever be enough, the settlement provides real dollars, which is important and meaningful when you can’t afford therapy or other support needed to recover from the trauma.

25. I am absolutely in favor of the settlement and I’m proud to be a part of it. Corporations and people who have been dismissed from this lawsuit are contributing to the settlement amount. I like to think that this shows the humanity in people and that it also indicates that the world is watching.

26. I understand that I can opt out, but I will not because this settlement is really about the whole group, especially those who for whatever reason did not or cannot come forward. I like to think that I can help those women because I am further removed from my trauma, which really just means that I’ve lived with it longer. But I am happy to help, and I feel that this settlement is precedent setting for companies, showing that the culture is changing because systems surrounding sexual perpetrators are being held accountable.

27. My attorneys have shown me the following definition of the settlement class, which they propose should be used in the Class Notice notifying class members about this case, the certification of the class in this case, the scope of that class, the claims in the case, and what class members must do in order to be included or excluded from the class.

28. For purposes of this settlement, the class is defined as all pre-2005 subclass members and all post-2005 subclass members, collectively.

29. The pre-2005 subclass means all women who met with Harvey Weinstein in person, before September 30, 2005, (i) to audition for or to discuss involvement in a project to be produced or distributed by Miramax, LLC, Miramax Film Corp., Miramax Film NY, LLC, The Walt Disney Company, Disney Enterprises, Inc., or Buena Vista International, Inc. or (ii) in a meeting or event facilitated, hosted, or underwritten by Miramax, LLC, Miramax Film Corp., Miramax Film NY, LLC, The Walt Disney Company, Disney Enterprises, Inc., or Buena Vista International, Inc.

30. The post-2005 subclass means all women, on or after September 20, 2005, who met with Harvey Weinstein in person (i) to audition for or to discuss involvement in a project to be produced or distributed by The Weinstein Company Holdings, LLC or a subsidiary or division thereof, or (ii) in a meeting or event facilitated, hosted, or underwritten by The Weinstein Company Holdings, LLC or a subsidiary or division thereof; or (iii) were employed, whether full-time, part-time, temporarily, as an independent contractor, or as an intern, by The Weinstein Company Holdings, LLC or a subsidiary or division thereof.

31. This definition clearly communicates which persons are in the class and which are not. From this description, people would understand who is included in the class without further description or detail.

Larissa Gomes

I, Larissa Gomes, under penalty of perjury, do hereby state as follows:

3. In 2000, I was 26 years old and working as an ensemble dancer and actor on the set of the Miramax-produced movie “Get Over It” in Toronto, Ontario, Canada. As I was sitting on set between takes, Weinstein approached me and introduced himself. As we talked, Weinstein told me that he was impressed by me and would like to schedule a meeting, which was to take place at Sutton Place hotel in Toronto at 8:30 a.m. in the morning.

4. When I arrived at the hotel, I called up to Weinstein’s penthouse room and suggested that we meet in a bistro across the street. He refused, commanding, “I don’t bite, come on up.” I called my agent to tell her that I did not feel comfortable meeting in Weinstein’s hotel room, and after several calls, Weinstein agreed to have his head of casting present for the meeting. I then agreed and proceeded to Weinstein’s room, which was a large office suite.

5. Jill Messick, a Miramax executive who Weinstein described as his “right hand,” and Randy Spendlove, the film’s music director, attended the meeting. During the meeting, Weinstein told me that he would like me to read for three upcoming films, all to be shot in Toronto. He impressed upon me that he needed a pool of local talent that he could rely on, and that my ability to act, sing, and dance made me a perfect fit. Weinstein then arranged for me to perform background vocals on “The September Song” of the “Get Over It” soundtrack, and to spend some social and professional time with Spendlove.

6. Shortly thereafter, Weinstein set up an early evening meeting with me in his hotel room. I felt comfortable because my previous meeting had been professional. Weinstein placed a stack of scripts on the table front of me and told me that I would read for the upcoming productions of “Serendipity” and “40 Days and 40 Nights,” telling me I would be “perfect.”

7. Weinstein told me that he does not often meet women like me, explaining when he meets someone he likes “they usually don’t mind being treated elegantly when I come into town.” I responded, “You mean like a prostitute?” Weinstein laughed. I asked nervously, “Aren’t you married?” “Yes, I am happily married,” he responded. Then he stood up and retreated to the bedroom, and I was thinking I may have diffused the situation.

8. After approximately five minutes, Weinstein called to me from the bedroom. Weinstein was laying on his back on the bed and claimed to have a headache. Very frightened and uncomfortable, I offered to find some Advil and leave him in peace, but Weinstein demanded that I lay down with him and told me I should give him a massage. He then said “take off your top, show me your breasts.” I was shocked and unable to respond with words, so I left the bedroom and went to the sofa, where I had left my bag. I was frozen.

9. Weinstein followed me out of the bedroom in his bathrobe. I prayed I could get out of the hotel room without being assaulted. Weinstein used his bulk to lean over the back of the sofa where I was sitting. He began to massage my shoulders and neck. Extremely uncomfortable, I tried to pull away but Weinstein would not let me. Weinstein then forcefully pushed his hands toward my breasts, saying “you’re so tense, just relax, friends can give each other massages you know.” I was trying to get my body to comply with my desire to run, but I was paralyzed. Weinstein seemed smug, as if he was amused by my fear and anxiety. I managed to wriggled out of his grasp and away from Weinstein’s reach.

10. Weinstein reacted angrily, yelling at me in a threatening tone and following me around the room: “You know Gwyneth Paltrow and Ashley Judd were exactly where you are at one point. Look at them now. Ashely Judd had no problem f****** me.” Weinstein would not let me leave. I tried to remain calm and said the only thing I could think of that might convince Weinstein to release me: “I think I should go now, my boyfriend is waiting for me, and he will be worried.” Weinstein laughed. As I began to retreat, Weinstein put his hand on the door so that I could not open it. He then grabbed me and tried to kiss me. I refused and turned away, as Weinstein sneered and pointed to himself, “Who could kiss a face like this?” I responded, “Your wife?” Weinstein then sneered and released his hand from the door. I ran out of the room distraught and shaking with fear.

11. I confided in my agent and my close friends about the assault, but did not report it because I feared for my safety and career. I knew — because after my assault, I had heard another actor’s account — that Weinstein could and would destroy me if I complained about his sexual misconduct.

12. Although I continued to work as an actor, I carried the trauma of Weinstein’s attack with me. I never worked with Miramax or Weinstein again, and never regained the career momentum that I had before meeting Weinstein. Feelings of fear and shame have resurfaced regularly, which have negatively affected my personal and professional life. I feel unsafe with men in a work setting. Harvey Weinstein’s attack damaged me physically and emotionally, and it damaged my career.

13. I contacted Beth Fegan at the Hagens Berman firm about pursuing a claim against Harvey Weinstein, and the related companies and individuals. After speaking with her about all of my legal options and after speaking with another survivor, I decided to join the class action as a Class Representative.

14. I did not make this decision quickly or lightly. I had the option of pursuing individual claims in Canada, but ultimately determined that it would be more impactful to be a class representative because a class action settlement can achieve a resolution for all of the victims, including those who to this day are too afraid to come forward and tell their stories. I believed that I could effect change through a class action settlement.

15. I came forward as a class representative because I wanted to hold the companies accountable and to have recompense for the victims, especially because of the scope and magnitude of Weinstein’s abuse. I thought that it was powerful that favorable resolution of a class action could set up a fund for all victims, even those who have not yet come forward. I also came forward as a class representative because I was angry and wanted see justice, and I believed (and still do) that a class action is a way to have justice served.

16. As a result, I decided to join the case as a class representative. I believed I had an important role to play, and that this case was a pivot point in the sense that it showed that women who speak out matter and warned companies who harbor predators. I wanted to ensure that this very strong message got out.

17. Yet being a class representative hasn’t been easy. Very personal events of my life have been made public, and I have been trolled and bullied by people on the Internet. There were times when I was fearful for my personal safety when I learned that other survivors had been stalked. And since I’ve come forward, my work has dried up. Yet, for me, it was more dangerous not to come forward and not to speak up.

18. Over these past months, I have been informed of the terms of the settlement and I have discussed them with my counsel. I fully understand the terms and conditions of the settlement.

19. There has been confusion about those terms in the newspapers beginning this past December. For example, many people have said that the amount of money to be paid to the victims is inadequate. While no amount of money will ever make any of us whole, it’s my view that the settlement is meaningful and fair because it allows all survivors to recover, including those who are too scared to come forward publicly.

20. The settlement also holds the companies accountable. It sends a message loud and clear to corporations and their officers and directors that you will be held to account if you enable such conduct, are complicit in such conduct, or cover it up. In my view, the settlement is unprecedented because people from all over the world are watching, and survivors from everywhere will see that this settlement brings accountability to the corporations and officers and directors who sheltered and protected Weinstein for years.

21. I therefore support the settlement as a fair and adequate outcome for the class. The settlement is an opportunity for all the survivors to receive acknowledgement and compensation for the sexual abuse and harassment they endured, and will allow each of us to continue on our journey of healing. It allows the survivors to decide how much or how little they want to tell in the settlement process. Giving this choice minimizes the emotional toll on the class members. And they will be compensated relatively quickly with real money paid by insurers who wrote policies for bankrupt companies and companies and individuals who have been dismissed from the case. They will not have to wait months or additional years for individual claims to be resolved which, even if successful, may never be satisfied.

22. Class counsel has shown me definition of the settlement class to be used in the Class Notice notifying class members about this case, the certification of the class in this case, the scope of that class, the claims in the case, and what class members must do in order to be included or excluded from the class.

23. For purposes of this settlement, the class is defined as all pre-2005 subclass members and all post-2005 subclass members, collectively.

24. The pre-2005 subclass means all women who met with Harvey Weinstein in person, before September 30, 2005, (i) to audition for or to discuss involvement in a project to be produced or distributed by Miramax, LLC, Miramax Film Corp., Miramax Film NY, LLC, The Walt Disney Company, Disney Enterprises, Inc., or Buena Vista International, Inc. or (ii) in a meeting or event facilitated, hosted, or underwritten by Miramax, LLC, Miramax Film Corp., Miramax Film NY, LLC, The Walt Disney Company, Disney Enterprises, Inc., or Buena Vista International, Inc.

25. The post-2005 subclass means all women, on or after September 20, 2005, who met with Harvey Weinstein in person (i) to audition for or to discuss involvement in a project to be produced or distributed by The Weinstein Company Holdings, LLC or a subsidiary or division thereof, or (ii) in a meeting or event facilitated, hosted, or underwritten by The Weinstein Company Holdings, LLC or a subsidiary or division thereof; or (iii) were employed, whether full-time, part-time, temporarily, as an independent contractor, or as an intern, by The Weinstein Company Holdings, LLC or a subsidiary or division thereof.

26. This definition clearly communicates which persons are in the class and which are not and people would understand who is included in the class without further description or detail.

27. I understand that as a member of the pre-2005 subclass, I have the right to opt out of the settlement or object to the class settlement in court.

Louisette Geiss

I, Louisette Geiss, under penalty of perjury, do hereby state as follows:

3. I ran into Weinstein at the 2008 Sundance Film Festival in Park City, Utah while he was eating with Barbara Schneeweiss. I had met him the year before at The Cannes International Film Festival and reintroduced myself. Weinstein invited me to the premiere of the movie “Where In the World Is Osama Bin Laden,” which was distributed by The Weinstein Company. He told me that Schneeweiss would contact me to set it up.

4. After the movie, Weinstein inquired about my music company, the script I was pitching at the festival, and my acting career. Weinstein asked to meet me in the lobby of The Stein Eriksen Lodge. When we arrived in the lobby, we sat down and began to speak about my project. We were soon told that the bar was closing, and Weinstein suggested we go to his office.

5. Because I had heard rumors about Weinstein, I was skeptical, but the reason I attended Sundance was to secure a deal for my script. I bluntly expressed my concerns and asked Weinstein to shake my hand – in front of security cameras in the hotel lobby – and agree that he would not touch me during the meeting. He agreed.

6. In Weinstein’s office, Weinstein and I had a professional conversation for approximately 30 minutes, in which Weinstein expressed enthusiasm about my script, music, and roles I could play as an actress. He said that I should meet his brother Bob because I would be great for his movies. Then Weinstein excused himself to go to the bathroom.

7. Weinstein emerged from the bathroom in an open bathrobe, naked underneath. He informed me that he would listen to the remainder of my pitch from the hot tub. He then disrobed, entered the hot tub and began to masturbate. His demeanor had changed from professional and helpful to belligerent and overbearing. He told me to keep talking while he masturbated.

8. Distressed, I began to leave the room. Weinstein quickly climbed out of the hot tub and grabbed my arm while his other hand was touching his penis. He pulled me to his bathroom, insisting I watch him masturbate. He told me he would “greenlight” my script if I watched him masturbate. I repeatedly said no and “this is so ridiculous.” I felt violently ill and distressed.

9. Continuing to hold on to my arm, Weinstein told me not to be “stupid,” and that if I watched him masturbate he would greenlight my script and give me a three-film deal. As I made my way to the door, Weinstein grabbed both of my arms forcefully and kissed me. Fearing an imminent sexual assault, I escaped Weinstein’s grasp and fled, with Weinstein giving chase.

10. Weinstein’s assault deeply distressed me. I felt defenseless against Weinstein’s power. I experienced fear, helplessness, anger and depression and sought professional help. Although I had spent nearly my entire life dedicated to my craft, working diligently to become a performer, writer and producer, I concluded that I could not perform sexual acts with Weinstein in exchange for a career.

11. As a result, I lost both the three-film deal and other opportunities at The Weinstein Company. Ultimately, my professional career in the entertainment industry was damaged, causing me to leave the industry.

12. After the assault, I met with Schneeweiss on one occasion for dinner, where I talked to her about Weinstein’s inappropriate behavior. Schneeweiss responded, “He’s never done anything to me,” but did not deny that Weinstein was inappropriate with other women.

13. In May 2017, in the midst of reporting and investigations by The New Yorker and the New York Times, I believe Weinstein directed Schneeweiss to contact me so that I would not speak to the press because Schneeweiss reached out to me via Linked In.

14. Although I had heard about Weinstein’s bad behavior prior to his attack on me, which is why I made him shake my hand to confirm that it our meeting would be professional, I did not know that his conduct included rape and sexual assault and abuse or that it had been going on for decades. When I learned this through the articles published about him, I was incredibly upset and decided to contact a lawyer.

15. I first contacted another attorney and attended a press conference, but when I learned what could potentially be accomplished in a class action, I contacted Beth Fegan. I recognized that Weinstein’s behavior had negatively affected so many women, so I decided to link arms with my fellow survivors to try to make a difference to get everyone some sort of compensation, even for those victims whose claims were barred by the statute of limitations. It was too selfish to try to pursue my claims alone when so many women had suffered.

16. I knew one person who was a class representative, but she was proceeding as a “Jane Doe,” and so I decided to be the lead plaintiff in the case because I wanted the case to have a name. I knew that in Hollywood, in the circles in which Weinstein and his cronies operated, money is power, and I wanted to try to take his power away. I also wanted to hold Weinstein’s companies and the people who worked for them accountable for Weinstein’s conduct which damaged the lives and careers of so many women. At that point in time, Weinstein was still controlling the narrative about the case, so I decided to put my name on the lawsuit with the hopes that it would incite other women to come forward and join.

17. Being the lead class representative has not been easy. In addition to having to expose deeply personal events, there was a lot of Internet trolling and negative comments about me, and one time I even had a man surreptitiously filming me. I was often afraid for my personal safety and that of my family.

18. Also, the time I spent on the class action and as Co-Chair of the Unsecured Creditors Committee in The Weinstein Company bankruptcy was time taken from my family and time taken out of my every-day, normal life. I’ve had to come out of pocket for nannies, food, and other travel expenses while I attended motion hearings, mediation sessions, and bankruptcy meetings, as I tried to make a difference for all the survivors. Plus, the time I took away from my job was time that I could have otherwise taken for personal vacation; instead, I have not taken a vacation since the case started.

19. I have been part of the mediation sessions and am aware of the terms of the settlement. There isn’t any amount of money that could compensate anyone for the horrible experiences they suffered, but I believe the settlement terms are fair. One of the big successes of the global settlement in my view is that unsecured creditors stepped aside to allow money to go to the tort victims. I personally negotiated with an executive from a major bank to make that happen. As a result, all survivors will be able to recover something from the bankrupt company.

20. I also support the class settlement because it gives the class members a choice about their level of participation and what they are willing to undertake in order to submit their claims. This will hopefully minimize the emotional trauma when class members submit claims.

21. I am familiar with the following definition of the settlement class, which is to be used in the Class Notice, the certification of the class in this case, the scope of that class, and the claims in the case. For purposes of the settlement, the class is defined as all pre-2005 subclass members and all post-2005 subclass members.

22. The pre-2005 subclass means all women who met with Harvey Weinstein in person, before September 30, 2005, (i) to audition for or to discuss involvement in a project to be produced or distributed by Miramax, LLC, Miramax Film Corp., Miramax Film NY, LLC, The Walt Disney Company, Disney Enterprises, Inc., or Buena Vista International, Inc. or (ii) in a meeting or event facilitated, hosted, or underwritten by Miramax, LLC, Miramax Film Corp., Miramax Film NY, LLC, The Walt Disney Company, Disney Enterprises, Inc., or Buena Vista International, Inc.

23. The post-2005 subclass means all women, on or after September 20, 2005, who met with Harvey Weinstein in person (i) to audition for or to discuss involvement in a project to be produced or distributed by The Weinstein Company Holdings, LLC or a subsidiary or division thereof, or (ii) in a meeting or event facilitated, hosted, or underwritten by The Weinstein Company Holdings, LLC or a subsidiary or division thereof; or (iii) were employed, whether full-time, part-time, temporarily, as an independent contractor, or as an intern, by The Weinstein Company Holdings, LLC or a subsidiary or division thereof.

24. This definition clearly communicates which persons are in the class and which are not. From this description, people would understand who is included in the class without further description or detail.

Melissa Sagemiller

I, Melissa Sagemiller, under penalty of perjury, do hereby state as follows:

3. During the summer of 2000, I was a 24-year-old actress filming “Get Over It.” Because Miramax was distributing the film, Harvey Weinstein was on the set throughout the two-month shoot.

4. Right after shooting started, Weinstein’s female assistant called me to invite me to lunch with Weinstein. I was excited to be invited to lunch with the head of Miramax. During the lunch, Weinstein asked me what I liked to do and what kind of men I liked to date. Weinstein then took me to a bookstore and offered to purchase numerous books for me, informing me that he was “the last tycoon,” a reference to the Fitzgerald novel of the same name.

5. As production continued, I was contacted by another female assistant who I believe was Barbara Schneeweiss, and was told to go to Weinstein’s hotel room. I told the assistant I was not comfortable doing so and asked whether I could meet Weinstein the following day in my trailer instead. The assistant told me not to worry, that the meeting would be short, and that it was “very important” that I attend so that Weinstein could “discuss” the script with me.

6. Although I had misgivings which I expressed to my then-boyfriend, I believed I had no choice but to attend. The producer of my film was demanding, through Miramax employees, that I attend the meeting. I went to Weinstein’s room at the scheduled time. Weinstein answered the door in his robe. He had poured drinks.

7. Weinstein asked me if I would give him a massage, and then he demanded a kiss. In response to my refusal, Weinstein responded that he would not allow me to leave until I kissed and touched him. He blocked the door, placing me in fear of an impending assault.

8. Weinstein then told me that Renée Zellweger, Charlize Theron, and other actresses gave sexual favors. Weinstein asked me, “Don’t you want your career to be more than just this little teen film?” Weinstein continued to prevent me from leaving. In an effort to be permitted to depart, I finally submitted to a forcible kiss. Weinstein then said, “OK, you can go now. That’s all I wanted. Just do what I say and you can get your way.” I was then permitted to leave.

9. When I disclosed the assault to my castmates, the implicit warning from others on the set was not to cause any trouble, because it would hurt my career to discuss what happened to me.

10. I did everything I could for the rest of the shoot to make sure I was not alone with Weinstein. At the wrap party however, each actor was supposed to thank the producer. Not wanting to do it, but feeling pressure, I thanked Weinstein. He then insisted that I travel back to the United States on his private plane. I refused. I subsequently instructed my agent not to allow the cancellation of my reservation on a commercial flight.

11. The next day at the airport, after I checked my bags and proceeded to the gate, I was instructed to report to the security desk. When I picked up the security phone, it was Weinstein’s assistant, who informed me that Weinstein had directed the removal of my luggage from the commercial flight and had the luggage delivered to him. With my personal effects held hostage, I was forced to travel on Weinstein’s plane. When I arrived at his plane, Weinstein said: “See, Melissa, you can’t say no to me. I always get what I want.” The fact that Weinstein wielded so much power that he could prevent me from traveling on public transportation, over my objections, frightened me.

12. I auditioned for “40 Days and 40 Nights,” a Miramax movie. My manager, Christian Donatelli, told me that the casting director Joseph Middleton had “made it known” throughout Hollywood that he did not like me and would not cast me. I believe that Weinstein fed Middleton negative information about me.

13. I later auditioned for a movie called “Sin City” being produced by Buena Vista, and successfully read for director Robert Rodriguez, but did not get the part. I believe I did not get the part because Weinstein intervened and told Rodriguez not to cast me.

14. I believe that that Weinstein ensured I was blacklisted and, as a result, I did not get parts in the movies “Pearl Harbor” (distributed by Buena Vista) and “National Treasure” (produced by Disney and distributed by Buena Vista).

15. I learned about the class action lawsuit from some of the other silence breakers, and I contacted Beth Fegan. I decided to join the class action as a class representative because of what the lawsuit represented, which is greater accountability for Weinstein’s behavior for those companies and individuals who perpetuated it. I put my hat in the ring, so to speak, and decided to be a class representative to add another voice in order to forward the cause because I knew there was strength in numbers.

16. I didn’t join the lawsuit for the money. I joined it to set a precedent. And I believe that this settlement does set a precedent. It provides all survivors with a chance to recover money for the abuse each woman suffered, even those who have not come forward. The money comes from a company that is bankrupt and from parties who have been dismissed from this case. Creditors stepped aside to allow this fund to be created for Harvey Weinstein’s victims. And while no amount of money will ever make any of us whole again, I hope and believe this precedent will deter companies and individuals from protecting sexual predators.

17. Class counsel has shown me the following definition of the settlement class, which they propose should be used in the Class Notice notifying class members about this case. For purposes of this settlement, the class is defined as all pre-2005 subclass members and all post-2005 subclass members, collectively.

18. The pre-2005 subclass means all women who met with Harvey Weinstein in person, before September 30, 2005, (i) to audition for or to discuss involvement in a project to be produced or distributed by Miramax, LLC, Miramax Film Corp., Miramax Film NY, LLC, The Walt Disney Company, Disney Enterprises, Inc., or Buena Vista International, Inc. or (ii) in a meeting or event facilitated, hosted, or underwritten by Miramax, LLC, Miramax Film Corp., Miramax Film NY, LLC, The Walt Disney Company, Disney Enterprises, Inc., or Buena Vista International, Inc.

19. The post-2005 subclass means all women, on or after September 20, 2005, who met with Harvey Weinstein in person (i) to audition for or to discuss involvement in a project to be produced or distributed by The Weinstein Company Holdings, LLC or a subsidiary or division thereof, or (ii) in a meeting or event facilitated, hosted, or underwritten by The Weinstein Company Holdings, LLC or a subsidiary or division thereof; or (iii) were employed, whether full-time, part-time, temporarily, as an independent contractor, or as an intern, by The Weinstein Company Holdings, LLC or a subsidiary or division thereof.

20. These definitions clearly communicate who would be in each subclass and who would not without further description or detail.

21. I’ve had the chance to discuss the terms of the settlement with class counsel and understand that I have the opportunity to opt out of the settlement as a pre-2005 subclass member. I believe the terms of the settlement to be fair for everyone and I support it.

Nannette Klatt

I, Nannette Klatt, under penalty of perjury, do hereby state as follows:

3. In 1993 or 1994, I had an interview scheduled for an audition at an office on the first floor of a building also occupied by Miramax. During this meeting, I sat at a table next to the man interviewing me. The door to the office where we sat was open.

4. During the meeting, Harvey Weinstein walked slowly past the open door and looked in. He then turned around and walked past the open door again, looking into the office as he did so. Finally, on his third trip past the office, he asked the person who was interviewing me to come out into the hallway.

5. When the interviewer returned, he told me that Weinstein would like to meet with me in his office because he was casting a film and was looking for an actress who had my “look”. He invited me to meet Weinstein in his private office on another floor. I agreed, given the opportunity to be cast in a Miramax film.

6. The meeting occurred at the end of the workday. When I arrived in Weinstein’s office, we shook hands, I provided my headshot and resume and we engaged in cordial pleasantries and polite conversation.

7. Weinstein then asked me to read from a script, explaining that he was looking for a new face with a “very European look.” We read from multiple pages of an untitled script. Weinstein appeared very happy and pleased and told me he had several other projects I might “be right for.” He told me I was exactly what he was looking for, that I had gotten the part and told me to take the script home to study. I placed the script in my briefcase and prepared to leave.

8. Weinstein then told me he “just needed one more thing from you.” He asked me to disrobe and explained he needed to see my breasts, repeatedly stating, “It’s just your breasts.” When I refused repeatedly, Weinstein told me to “take your dress down” and “you are going to need to expose them.” Weinstein told me that the role required him to review and approve of my breasts. Realizing I was about to be sexually assaulted, I was terrified.

9. When I continued to refuse, Weinstein angrily inquired whether I knew who he was, told me he could “make” or “break” me, and that I would “never work in this town again.” “You know, I could launch your career and I can make you or I can break you,” he insisted, again demanding that I expose my breasts. Weinstein then told me to “Give me my script back.” Weinstein was belligerent and ranting. He told me, “without me, you will never work again.”

10. Weinstein then told me to show myself out and I could not use the main door. He corralled me to a side door that led into a pitch-black stairwell. He then locked the door behind me. Realizing I was locked in, I banged on the door and begged to be let out. Scared and upset, I panicked, walking up and down flights of stairs, banging on doors and yelling on each landing that I was locked in—all the while not knowing whether Weinstein would return and assault me further. Terrified and sweating through my dress, I feared for my safety and life. Finally, a maintenance worker heard me yelling and let me out; that worker immediately asked me if I was coming from Weinstein’s floor.

11. This assault was profoundly disturbing and life-changing for me. I changed how I conducted my life, pursued my career, took meetings and interacted with men both personally and professionally. I limit interactions that are one-on-one, even though those meetings are necessary to connect and bond with both professional colleagues and personal acquaintances. I not only lost the part Weinstein offered for not acceding to his advances, I lost other opportunities at Miramax and TWC, and other professional opportunities as the consequence of Weinstein’s assault.

12. When I learned from media reports that Harvey Weinstein had sexually harassed, assaulted, and abused women for decades, I was incredibly upset and decided to contact a lawyer.

13. I contacted Hagens Berman and The Armenta Law Firm to ask about pursuing a claim against Harvey Weinstein, and related companies and individuals. After speaking with a lawyer about all of my legal options—which included filing an individual lawsuit—I made the decision to join the class action as a Class Representative.

14. I chose to act as a Class Representative because I thought it was the best option for pursuing my claims against Harvey Weinstein and the companies and individuals that enabled his predatory actions. I also wanted to help hold the companies and individuals accountable for the widespread sexual misconduct that has damaged the lives and careers of countless women. I wanted to effect industry change, lift up all survivors, and make certain all who have suffered from similar experiences receive compensation for their injuries.

15. I am a part of this case to help right a wrong. It was not an easy decision to act as a Class Representative. Participation required me to relive a traumatic experience, file a description of my experience on the public docket—which was heavily reported by the national and international news media— and open myself up to potential discovery. However, I found the strength to come forward because I wanted to prevent this type of misconduct from happening to other women.

16. Hopefully, this case will deter companies and individuals from harboring sexual predators in the future.

17. In February 2020 class counsel contacted me to explain the terms of the settlement. I fully understand the terms and conditions of the settlement.

18. I also understand that as a class member I have a right to opt out of the settlement class and/or object to the class settlement in court.

19. While I believe no settlement will make up for Harvey Weinstein’s predatory sexual harassment, assault, and abuse, and the individuals and systems in place that protected him for so long, I support the settlement. It is very powerful for all class members to stand together, and this settlement ensures that class members will be heard, and receive some compensation and closure.

20. I support the settlement as a fair and adequate outcome for the class. The settlement includes women like me, who may not have the opportunity to bring a claim due to the statute of limitations. The settlement is an opportunity for all the survivors, regardless of the length of time that has passed, to receive acknowledgement and compensation for the sexual abuse and harassment they endured.

21. I support the class settlement because it not only fairly compensates the class, but it affords women a choice about the level of participation they are willing and able to undertake in order to submit their claims. This choice will minimize the emotional and logistical impact on class members.

22. Class counsel has shown me the following definition of the settlement class, which they propose should be used in the Class Notice notifying class members about this case, the certification of the class in this case, the scope of that class, the claims in the case, and what class members must do in order to be included or excluded from the class.

23. For purposes of this settlement, the class is defined as all pre-2005 subclass members and all post-2005 subclass members, collectively.

26. This definition clearly communicates which persons are in the class and which are not. From this description, people would understand who is included in the class without further description or detail.

Melissa Thompson

I, Melissa Thompson, under penalty of perjury, do hereby state as follows:

2. As a Named Plaintiff and Class Representative, I bring this action for damages on behalf of myself and all similarly situated women who were harmed by the abuse and sexual misconduct of Harvey Weinstein and the complicit companies and individuals as described in the First Amended Class Action Complaint [Dkt. 140].

3. I chose to serve as a Class Representative because beyond pursuing my own claim, the class mechanism would allow remuneration for a significant number of valid claims that may otherwise be suppressed by a claimants’ reticence to publicly relive trauma and disclosure of the highly sensitive information that would come with filing individual suits. Most importantly, this global settlement is the start – and a symbol – of a change to individual accountability and to those complicit to serial sexual predation.

4. It was not an easy decision to act as a Class Representative. Participation required me to relive a highly traumatic event, which in itself was retraumatizing. Further, I knew that my involvement meant opening myself up to public scrutiny and publicly disclosing information that was highly personal that I did not want to define me. Nevertheless, I found the strength – and felt the moral obligation – to come forward because I wanted accountability after decades of criminal acts committed, conspirator participation, and mounting wrongdoings – ethically, morally and legally.

5. I support this settlement agreement as I believe it is as close to the best outcome as possible given the amalgamation of complex factors considered.

6. As a Class Representative, I have been an active participant and attendee at multiple events related to this case, including SDNY arguments on the Motions to Dismiss filed by the Defendants, a Delaware bankruptcy court hearing and numerous days of private settlement meditation. Throughout the pendency of this case I have maintained close communications with our Class Counsel and independently have been actively monitoring our docket on PACER (as well as the individual cases assigned to various judges) to ensure I was as informed as possible.

7. I recognize the importance of being a Class Representative and I took the responsibility to be an informed, active participant very seriously in order to make the utmost informed decision in supporting this settlement. Because I have been actively involved in every step of the case and settlement negotiations, I believe my support is a testament to the settlement being the best outcome for the class given the copious complexities.

8. Harvey Weinstein is now known, as convicted by a jury of his peers, as a rapist in a bellwether conviction of justice for survivors of sexual assault. I believe this milestone represents a significant victory in the eyes of justice, as well as in the eyes of the named plaintiffs in the class civil suit.

9. Despite Harvey Weinstein’s conviction in one venue, our civil case and situation had myriad adverse factors to consider in settlement negotiations. Those obstacles include(d):

a. The Weinstein Company’s bankruptcy;

b. The Court’s dismissal of all Defendants except Harvey Weinstein in this class action along with dismissal of the majority of the plaintiffs and causes of action; and

c. The risk of being unable to recover on any judgment against Harvey Weinstein alone.

10. The Weinstein Company filed for bankruptcy in the midst of both individual and related class actions being filed. The bankruptcy filing came with a set of additional obstacles, which included lawsuits between policyholders themselves, which at times stymied our ability to move forward as a potential class of victims. The Delaware bankruptcy court held the additional responsibility to contend with and oversee the unsecured creditors (and committee) – entities and individuals who were owed money in The Weinstein Company bankruptcy. The Weinstein Company’s bankruptcy led to a swath of insurance coverage litigation and tangential lawsuits between these potential payers. However, we continued to persist and fight for a Victims’ Fund for all survivors of Harvey Weinstein’s predatory actions and the individuals and institutions that allowed him to continue harming so many women.

11. After this Court dismissed the majority of Defendants and numerous plaintiff claims, there was a vast reduction in the insurers’ perceived responsibilities and our bargaining power at the negotiation table. Even so, we continued to fight for a Victims’ Fund for all survivors.

12. Although my claims are active, I appreciate the risk of being unable to recover on any judgment against Harvey Weinstein alone given his criminal conviction, 23-year prison sentence, and the criminal charges he faces in California.

13. I am also aware proceeding through discovery, trial, and any potential appeals could take years. As time progresses, I recognize the collectability of any monetary award becomes increasingly difficult.

14. I approached settlement negotiations and a potential settlement in good faith and with the understanding that it would be beneficial for all class members to reach a settlement that is fair and adequate for the class. This settlement meets that goal.

15. After analyzing all of the variables and inputs, it is my position that this settlement is the best outcome for the class given the confluence of adverse circumstances. The class action Victims’ Fund settlement supports fairness because it is inclusive of a wide range of claims and will provide the greatest number of survivors with recompense. The settlement allows class members to stand together, receive acknowledgement and compensation for the sexual abuse and harassment they endured, and reach some degree of closure.

16. In May 2020 Class Counsel contacted me to explain the terms of the settlement. I fully understand the terms and conditions of the settlement.

17. I also understand that as a class member I have a right to object to the class settlement in court.

18. Class Counsel has shown me the following definition of the settlement class, which they propose should be used in the Class Notice notifying class members about this case, the certification of the class in this case, the scope of that class, the claims in the case, and what class members must do in order to be included or excluded from the class.

19. For purposes of this settlement, the class is defined as all pre-2005 subclass members and all post-2005 subclass members, collectively.

20. The pre-2005 subclass means all women who met with Harvey Weinstein in person, before September 30, 2005, (i) to audition for or to discuss involvement in a project to be produced or distributed by Miramax, LLC, Miramax Film Corp., Miramax Film NY, LLC, The Walt Disney Company, Disney Enterprises ,Inc., or Buena Vista International, Inc. or (ii) in a meeting or event facilitated, hosted, or underwritten by Miramax, LLC, Miramax Film Corp., Miramax Film NY, LLC, The Walt Disney Company, Disney Enterprises, Inc., or Buena Vista International, Inc.; provided, however, the Pre-2005 Subclass does not include former employees of Miramax, LLC, Miramax Film Corp., Miramax Film NY, LLC, The Walt Disney Company, Disney Enterprises, Inc., or Buena Vista International, Inc. or any other entity for which Harvey Weinstein worked prior to September 30, 2005.

21. The post-2005 subclass means all women, on or after September 30, 2005, who (i) met with Harvey Weinstein in person (a) to audition for or to discuss involvement in a project to be produced or distributed by The Weinstein Company Holdings, LLC or a subsidiary or division thereof, or (b) in a meeting or event facilitated, hosted, or underwritten by The Weinstein Company Holdings, LLC or a subsidiary or division thereof; or (ii) were employed, whether full-time, part-time, temporarily, as an independent contractor, or as an intern, by The Weinstein Company Holdings, LLC or a subsidiary or division thereof.

22. This definition clearly communicates which persons are in the class and which are not. From this description, people would understand who is included in the class without further description or detail.

Sarah Ann Thomas

I, Sarah Ann Thomas, under penalty of perjury, do hereby state as follows:

3. In 2008, I was working as a nanny to support myself as I pursued an acting career in New York City. My resume included both my acting and my nanny experience. My agency informed me of the availability of a nanny job for Weinstein’s three children from his first marriage.

4. Prior to meeting Weinstein, I was interviewed several times by Weinstein’s female assistants from TWC. Weinstein’s assistants inquired several times whether I could work for Weinstein while pursuing my acting career without it becoming a conflict of interest. I was clear that I did not use my nanny work as an opportunity to try to advance my acting career. The assistants told me I was a good fit for the job because as an actor I would understand the entertainment industry and the need for discretion.

5. After approximately one month of these interviews, Weinstein’s assistant told me that Weinstein wanted to meet me. The assistant scheduled the interview to take place at Weinstein’s Connecticut home. The night before the interview, Weinstein’s assistant contacted me to let me know that she could not accompany me to the meeting.

6. When I arrived at Weinstein’s home, he opened the door in his boxer shorts and an undershirt. I assumed Weinstein had forgotten about the interview, and that he would excuse himself to go change. But he did not.

7. Weinstein then proceeded to conduct the “interview” in his underwear. The intimidation engendered by Weinstein’s industry power was multiplied by his strange behavior. Weinstein’s behavior made me very uncomfortable.

8. I was also aware that I could not leave without his permission. I was not just blocked behind his front door—I was locked behind the gate leading up to his mansion.

9. During the interview, two of Weinstein’s children ran into the room, curious to see who was visiting. Weinstein screamed at them to leave, which was odd because in my experience, parents typically are eager for children to meet a potential nanny during the interview. The fact that Weinstein yelled at his children not to come back also made me feel unsafe, given he was in his underwear and we were otherwise alone in the house. Moreover, Weinstein’s temper and the way he screamed at his children frightened me.

10. Eventually, leaning forward and wiggling his eyebrows as if leering at me, Weinstein asked whether I would “flirt” with his friends or “use sex” to “get ahead in my career.” I was disgusted and uncomfortable.

11. At the conclusion of the interview, still clad only in his underclothes, Weinstein grabbed me, pulled me tight against his body, and pressed his genitals up against me. The hug was uncomfortably close, and lasted too long. I did not know how to get out of his embrace. Weinstein then told me that he loved me. I felt unsafe and sexualized. I was afraid to try and pull away or push him off or even ask him to stop because I feared he may become violent.

12. I left feeling upset, shaken, afraid, and disrespected. When I returned home, I told the story to my mother.

13. A few days later, Weinstein’s assistant informed me that I did not get the job because I was an actor. However, the fact that I was an actor was known to the assistants and Weinstein before they interviewed me. The reason I was not hired was because I did not respond to Weinstein’s propositions.

14. Ever since my encounter with Weinstein, I have experienced severe anxiety and emotional distress, which has manifested into severe health issues with physical symptoms. Because Weinstein assaulted me during a job interview, I often do not feel safe to attend interviews and auditions alone, and I require my husband to accompany me. Therefore, this incident has caused me to miss opportunities to advance my career.

15. After Weinstein was terminated from TWC, I finally felt I could speak publicly about Weinstein’s predatory behavior. I have also publicly declared that I will not audition for roles for productions in which known predators are involved. In early December 2017, I was informed that several casting directors had complained about my public position and my speaking out against Weinstein’s abuse, and they threatened to (and did) blacklist me.

16. When I learned from media reports that Harvey Weinstein had sexually harassed, assaulted, and abused women for decades, I was incredibly upset and decided to contact a lawyer.

17. I contacted Hagens Berman to ask about pursuing a claim against Harvey Weinstein, and related companies and individuals. After speaking with a lawyer about all of my legal options—which included filing an individual lawsuit—I made the decision to join the class action as a Class Representative.

18. I chose to act as a Class Representative because I thought it was the best option for pursuing my claims against Harvey Weinstein and the companies and individuals that enabled his predatory actions. I also wanted to help hold the companies and individuals accountable for the widespread sexual misconduct that has damaged the lives and careers of countless women. I wanted to effect industry change, lift up all survivors, and make certain all who have suffered from similar experiences receive compensation for their injuries.

19. I am a part of this case to help right a wrong. It was not an easy decision to act as a Class Representative. Participation required me to relive a traumatic experience, file a description of my experience on the public docket—which was heavily reported by the national and international news media— and open myself up to potential discovery.

20. Since coming forward, I have spent over two years publicly reliving my trauma, losing work opportunities due to being retaliated against in my industry, my physical health rapidly declining, and continuing to act as a representative for Weinstein’s other survivors. It has been incredibly difficult, painful, debilitating, and terrifying. I have had my professional websites hacked twice, I am under constant attack from strangers online, and I still currently fear for my personal safety, economic future, and physical and emotional health. However, I found the strength to come forward because I wanted to prevent this type of sexual misconduct from happening to other women.

21. Hopefully, this case and our efforts will deter companies and individuals from harboring sexual predators in the future.

22. In May 2020, Class Counsel contacted me to explain the terms of the settlement. I fully understand the terms and conditions of the settlement.

23. I also understand that as a class member I have a right to object to the class settlement in court.

24. While I believe no settlement will make up for Harvey Weinstein’s predatory sexual harassment, assault, and abuse, and the individuals and systems in place that protected him for so long, I support the settlement. The settlement ensures class members can stand together, be heard, and receive some compensation and closure.

25. I believe the settlement is the best outcome for the class given the numerous adverse circumstances. These circumstances include The Weinstein Company’s bankruptcy, the dismissal of many individual claims, and the risk of being unable to recover on any judgment against Harvey Weinstein alone given his criminal conviction and the additional criminal charges he faces.

26. My goal in participating as a Class Representative was to seek justice for all survivors of Harvey Weinstein. Although my claims versus Harvey Weinstein were not dismissed by this court, I am choosing to forgo my day in court and obtain a recovery for all class members as a Class Representative. Based on my experience in this case, I do not believe there could be a better outcome for the class than this settlement.

27. The negotiations and settlement were hard-fought and the result of multiple years of hard work. As a Class Representative I am proud to raise my voice so survivors could be heard. I wanted the Defendants to see me and my fellow survivors as human beings that deserve justice. However, at times I felt retraumatized and dehumanized at the hands of the Defendants. But, we did not give up. The settlement is an opportunity for all the survivors to receive acknowledgement and compensation for the sexual abuse and harassment they endured.

28. I support the class settlement because it not only compensates the class, but it affords women a choice about the level of participation they are willing and able to undertake in order to submit their claims. This choice will minimize the emotional and logistical impact on class members.

29. Class counsel has shown me the following definition of the settlement class, which they propose should be used in the Class Notice notifying class members about this case, the certification of the class in this case, the scope of that class, the claims in the case, and what class members must do in order to be included or excluded from the class.

30. For purposes of this settlement, the class is defined as all pre-2005 subclass members and all post-2005 subclass members, collectively.

31. The pre-2005 subclass means all women who met with Harvey Weinstein in person, before September 30, 2005, (i) to audition for or to discuss involvement in a project to be produced or distributed by Miramax, LLC, Miramax Film Corp., Miramax Film NY, LLC, The Walt Disney Company, Disney Enterprises ,Inc., or Buena Vista International, Inc. or (ii) in a meeting or event facilitated, hosted, or underwritten by Miramax, LLC, Miramax Film Corp., Miramax Film NY, LLC, The Walt Disney Company, Disney Enterprises, Inc., or Buena Vista International, Inc.; provided, however, the Pre-2005 Subclass does not include former employees of Miramax, LLC, Miramax Film Corp., Miramax Film NY, LLC, The Walt Disney Company, Disney Enterprises, Inc., or Buena Vista International, Inc. or any other entity for which Harvey Weinstein worked prior to September 30, 2005.

32. The post-2005 subclass means all women, on or after September 30, 2005, who (i) met with Harvey Weinstein in person (a) to audition for or to discuss involvement in a project to be produced or distributed by The Weinstein Company Holdings, LLC or a subsidiary or division thereof, or (b) in a meeting or event facilitated, hosted, or underwritten by The Weinstein Company Holdings, LLC or a subsidiary or division thereof; or (ii) were employed, whether full-time, part-time, temporarily, as an independent contractor, or as an intern, by The Weinstein Company Holdings, LLC or a subsidiary or division thereof.

33. This definition clearly communicates which persons are in the class and which are not. From this description, people would understand who is included in the class without further description or detail.