John Doe v. Metropolitan Opera Association, Inc. a/k/a “The Metropolitan Opera,” and Suzanne E. Thomson, as Administrator of the Estate of James Levine

On August 14, 2021, Plaintiff John Doe filed a Complaint against Metropolitan Opera Association, Inc. a/k/a “The Metropolitan Opera” (“The Met”), and the Estate of James Levine in New York County Supreme Court, which is assigned case number 951461/2021. On October 27, 2021, Plaintiff filed the First Amended Complaint, adding Suzanne E. Thomson, as Administrator of the Estate of James Levine, as a named Defendant.

Claims in the lawsuit:

The lawsuit alleges the following causes of action on behalf of Plaintiff, asserted under the Child Victims Act:

1. Negligence under New York Common Law. The Complaint alleges The Met breached its duty of care to Plaintiff in a negligent, reckless, willful and wanton manner, and caused Plaintiff to be sexually assaulted, sexually abused, and molested as a minor.
2. Negligent hiring, retention, and supervision under New York Common Law. The Complaint alleges The Met breached its duty of care to Plaintiff in negligently hiring, retaining, and supervising James Levine, resulting in the sexual abuse of Plaintiff as a minor.
3. Negligent infliction of emotional distress under New York Common Law. The Complaint alleges The Met knew or reasonably should have known that its failure to properly supervise James Levine, in addition to the sexual abuse and other improper conduct by Levine, would and did proximately result in physical and emotional distress to Plaintiff.
4. Assault under New York Common Law. The Complaint alleges, as a result of James Levine’s conduct, Plaintiff had a reasonable apprehension of immediate harmful or offensive contact to his person.
5. Battery under New York Common Law. The Complaint alleges Plaintiff, while approximately 15 to 17 years old, was sexually abused by James Levine in his home and other locations, including locations and/or sites under the purview and supervision of The Met.
6. Intentional infliction of emotional distress under New York Common Law. The Complaint alleges James Levine engaged in outrageous conduct towards Plaintiff with the intention to cause, or with reckless disregard for the probability of causing, Plaintiff to suffer severe emotional distress by sexually assaulting him when he was a minor.

Case Status:

• On August 14, 2021, Plaintiff filed the Complaint.
• On October 1, 2021, Plaintiff filed an Order to Show Cause to Proceed Anonymously.
• On October 27, 2021, Plaintiff filed the First Amended Complaint.
• On December 3, 2021, Defendant The Met filed its Answer.
• On January 3, 2022, the Judge ruled that Plaintiff be allowed to proceed in this litigation anonymously.
• On January 3, 2022, Defendant Suzanne E. Thomson, as Administrator of the Estate of James Levine filed their Answer.
• The case is currently in the discovery phase.

*This update is current as of February 4, 2022.