Case 1:23-cv-06857-AT Document 9-1 Filed 08/31/23 Page 1 of 40

UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF NEW YORK
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –X

ANNA NETREBKO, : Case No. 23-cv-6857

Plaintiff, :
v. : AMENDED COMPLAINT AND
: DEMAND FOR A JURY TRIAL

METROPOLITAN OPERA ASSOCIATION, :

INC. d/b/a THE METROPOLITAN OPERA and :
PETER GELB, in his professional and individual
capacities, :
Defendants. :
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –X

INTRODUCTION

1. Plaintiff Anna Netrebko (“Netrebko”) brings this diversity action by and through her

counsel, The Law Offices of Julie R. Ulmet, alleging causes of action under New York State and City

law and seeking damages for national origin and gender discrimination, defamation, and breach of

contract by Defendants Metropolitan Opera Association, Inc. d/b/a The Metropolitan Opera (the

“Met”) and Peter Gelb (“Gelb”), in his professional and individual capacities (collectively,

“Defendants”).

2. Netrebko is a world-renowned opera singer who has been described as “opera’s

biggest star.”1 Opera critics have described her as “among the very top tier of true stars in the opera

world, able to sell out any house just by putting her name on the marquee.”2 Her performance schedule

regularly zig-zags between countries and continents, with regular appearances at famed opera houses

1
Javier C. Hernández, “The Netrebko Question,” N.Y. Times (June 22, 2022),
[Link]
2
Eric C. Simpson, “Led by a brilliant Netrebko, Met’s all-star ‘Aida’ defines grand opera,”
Classical Review (Sept. 28, 2018), [Link]
netrebko-mets-all-star-aida-defines-grand-opera/.
1
 Case 1:23-cv-06857-AT Document 9-1 Filed 08/31/23 Page 2 of 40

like the Teatro alla Scala in Milan, the Wiener Staatsoper in Vienna, the Royal Opera Covent Garden

in London, and the Opéra National de Paris. But when she is performs in the United States, for the

past twenty years, the Metropolitan Opera in New York City has been her homebase in the country.

3. With the Met, since 2002, Netrebko has sung nearly two hundred performances,

including lead roles in seven new productions, headlining two gala performances, and being featured

in a rare solo recital with piano. Netrebko was the first female singer in the history of the Met to open

the season in a lead role three years in a row, starring in Anna Bolena, L’elisir d’amore, and Eugene

Onegin to open the Met’s 2011-2013 seasons. She was widely understood to be the Met’s “reigning

prima donna”3 and was “long considered the face of New York’s Metropolitan Opera.”4

4. Netrebko’s long-standing relationship with the Met came to an abrupt halt in March

2022, when the Met’s General Manager, Peter Gelb, decided to cut ties dramatically and publicly with

Netrebko, a Russian and Austrian dual citizen of Russian national origin, in order to make a statement

about the Met’s position on the Russian invasion of Ukraine.

5. In February 2022, following the Russian invasion of Ukraine, Gelb decided to brand

the Met as a supporter of Ukraine and fierce opponent of Russia by, among other public acts, making

an example out of its “reigning prima donna.” because she was a Russian woman. Defendants targeted

Netrebko knowing that this high-profilesingularly dramatic turn against a majoran internationally-

known “diva” star who, “[f]or two decades [] had been more or less the face of the Met” who was so

3
Javier C. Hernández, “Anna Netrebko, Russian Diva, Is Out at the Metropolitan Opera” N.Y.
Times (March 3, 2022), [Link]
[Link]
4
Madeleine Spence, “Putin and the divas: how the Kremlin waged a cultural offensive on the
West,” Sunday Times (UK) (Aug. 14, 2022), [Link]
divas-how-the-kremlin-waged-a-cultural-offensive-on-the-west-lkq92bphh
2
 Case 1:23-cv-06857-AT Document 9-1 Filed 08/31/23 Page 3 of 40

closely associated with the Met would garner headlines significant publicity and firmly establish the

Met’s new anti-Russia reputationbrand.5

6. The Met’s novel position represented a “rapid turnabout on the Russian question.”6

On the eve of the invasion of Ukraine, Gelb happened to be in Moscow for a rehearsal of Lohengrin

at the Bolshoi Theatre, which had been planned as one in a series of three co-productions with the

Met.7 In October 2017, Gelb had appeared at a news conference in Moscow announcing the unusual

partnership with the Bolshoi, which is a state-controlled institution and had reportedly entered the

partnership with Putin’s blessing.8

7. In the Met’s anti-Russia publicity campaign, Gelb explained that the Met would spare

no expense in its actions against Netrebko, a position he confirmed even after the Met had incurred

hundreds of thousands of dollars in costs under “pay-or-play” provisions of its terminated contracts

with Netrebko.9 Over the course of this crusade, the Met terminated its long-standing relationship

5
Nicholas Wroe, “Peter Gelb of the New York Met: ‘We’re cancelling Putin, not Pushkin,’” The
Guardian (April 1, 2022), [Link]
york-metropolitan-opera-interview-russia-putin.
6
Alex Ross, “Valery Gergiev and the Nightmare of Music Under Putin,” New Yorker (March 3,
2022), [Link]
of-music-under-putin.
7
Alex Ross, “Valery Gergiev and the Nightmare of Music Under Putin,” New Yorker (March 3,
2022), [Link]
of-music-under-putin; Madeleine Spence, “Putin and the divas: how the Kremlin waged a
cultural offensive on the West,” Sunday Times (UK) (Aug. 14, 2022),
[Link]
offensive-on-the-west-lkq92bphh.
8
Sophia Kishkovsky, “Anna Netrebko Will Star in Three Met-Bolshoi Productions,” N.Y. Times
(Oct. 9, 2017), [Link]
[Link] (“Vladimir Urin, the Bolshoi’s general director, said in a news
conference here that he mentioned his Met counterpart, Peter Gelb, and their negotiations at a
meeting with President Vladimir V. Putin of Russia last February. Mr. Putin approved the
arrangement.”)
9
Ronald Blum, “Met Opera marks 1st year of Ukraine war with concert,” Associated Press (Feb.
27, 2023), [Link]

3
 Case 1:23-cv-06857-AT Document 9-1 Filed 08/31/23 Page 4 of 40

with Netrebko because of her national origin and gender, breaching multiple contracts in the process.

Further, Gelb, on behalf of the Met, continued to keep the Met’s actions against Netrebko in the public

eye by engaginged in an unabated smear campaign against Netrebkoher, repeating a series of

defamatory remarks even after terminating the Met’s relationship with her and even after a labor

arbitrator found that the Met’s termination of contracts with Netrebko violated its collective-

bargaining agreement with the American Guild of Musical Artists (“AGMA”), the Union representing

artists at the Met.

8. Justice requires redress for Defendants’ discriminatory acts, defamation, and breach

of contract.

JURISDICTION AND VENUE

9. This Court has jurisdiction over this action pursuant to 28 U.S.C. § 1332(a)(2), in

that this is a civil action between citizens of the State of New York on the one hand, and a citizen of

Austria and Russia on the other hand, and the amount in controversy exceeds $75,000, exclusive of

interest and costs.

10. Venue is proper under 28 U.S.C. § 1391(b)(2) in that a substantial part of the events,

acts, or omissions giving rise to the claims occurred in this District, and no real property is involved

in this action.

ADMINISTRATIVE PROCEDURES

11. Netrebko has not previously filed a complaint with the New York City Commission

on Human Rights, the New York State Division of Human Rights, or the Equal Employment

Opportunity Commission. She brings this civil action for national origin discrimination pursuant to

dangelo-037fb5aaf4d3cf6563608c8e0b77f88f (reporting Gelb’s statement, “It’s a small price to

pay”).
4
 Case 1:23-cv-06857-AT Document 9-1 Filed 08/31/23 Page 5 of 40

New York City Administrative Code Title 8 (Civil Rights) Section 502(a) and New York Executive

Law Article 15 (Human Rights Law), Section 297(9).

12. After commencement of this action, a copy of this the original Complaint in this

action was will be served on the New York City Commission on Human Rights and the Office of

Corporation Counsel of the City of New York, thereby satisfying the notice requirements of the

New York City Administrative Code.

PARTIES

13. Plaintiff Anna Netrebko is an individuala woman who resides in Vienna, Austria, is

a dual citizen of Austria and Russia, and is of Russian origin. Ms. Netrebko is an internationally

renowned opera singer.

14. Defendant Metropolitan Opera Association, Inc. d/b/a The Metropolitan Opera is a

New York not-for-profit corporation with a principal place of business in New York, New York.

The Met is an opera house and theatrical production company.

15. The Met is an employer of Netrebko within the meanings of the New York City and

New York State Human Rights laws.

16. Defendant Peter Gelb resides in New York, New York, and is the General Manager

of the Met, a position he has held since 2006 and held at all times relevant to this complaint.

STATEMENT OF FACTS

A. Netrebko’s Longstanding, Successful Relationship with Met

17. For nearly twenty years, Netrebko and the Met enjoyed a relationship that was

extremely successful for both parties, in which Netrebko earned the role of one of the Met’s

principal sopranos and the Met was Netrebko’s principal opera house in the United States.

18. Netrebko made her Met debut on February 14, 2002, in Prokofiev’s War and Peace

and quickly became a house favorite. Over nearly two decades, Netrebko performed almost 200
5
 Case 1:23-cv-06857-AT Document 9-1 Filed 08/31/23 Page 6 of 40

times with the Met, averaging ten shows a year, a number of which were broadcast on the Met Live

in HD following its inauguration in late 2006. These performances included several opening nights

and gala events, in which the Met determined that Netrebko’s participation would bring high ticket

sales for these important events. In total, Netrebko appeared in 192 performances at the Met

according to the Met’s online performance archives.

19. Netrebko’s final performance at the Met was a New Year’s Eve gala in which she

starred on December 31, 2019, before the Met ceased in-person performances due to the COVID-19

pandemic. During the COVID-19 pandemic, she also starred in the Met’s live-streamed “At Home

Gala” on April 25, 2020, and was featured in its “Stars Live in Concert” pay-per-view series on

February 6, 2021.

20. As the Met prepared to re-launch its live performances after the pandemic,

Netrebko’s then-manager was in active discussions with the Met about Netrebko’s roles in

productions planned for the following years. During these discussions, the parties discussed and

agreed that Netrebko would perform in eight future productions at the Met: Turandot in the 2021-

2022 season, Don Carlo and Lohengrin in the 2022-2023 season, La forza del destino and Andrea

Chénier in the 2023-2024 season, Tosca and Pique Dame in the 2024-2025 season, and Manon

Lescaut and Macbeth in the 2025-2026 season.

21. These discussions concerning post-pandemic productions continued the parties’

agreed-upon arrangement since in or around 2006 in which, as a general practice, each season the

Met featured Netrebko in two live productions with five performances of each title and featured her

in HD-streamed Met Live transmissions.

22. Because of her relationship with the Met, in 2006, Netrebko purchased an apartment

and made a home in New York City for her and her family.

6
 Case 1:23-cv-06857-AT Document 9-1 Filed 08/31/23 Page 7 of 40

23. Netrebko had every reason to believe that her longstanding relationship with the Met

would continue through her performances in these productions and beyond, throughout her career.

B. Netrebko Publicly Condemns Russia’s Invasion of Ukraine

24. On February 24, 2022, Russian troops invaded Ukraine.

25. On February 25, 2022, Netrebko issued a public statement, via Instagram and a

statement issued by the promoter of a concert scheduled to take place that day in Aarhus, Denmark:

“These are very sad days and we are deeply concerned for the well-being of all people involved.

Every war is a terrible tragedy. This is not a time for music but for reflection and prayer. And so we

hope and pray for a swift and peaceful resolution.”

26. On or around February 26, 2022, the Met asked Netrebko, through her former

management, to issue a statement explicitly denouncing Putin and using specific language which,

on information and belief, was approved by the Met.

27. On February 26, 2022, Netrebko issued her own public statement, via Instagram and

Facebook: “I have taken some time to reflect because I think the situation is too serious to comment

on without really giving it thought. First of all: I am opposed to this war. I am Russian and I love

my country but I have many friends in Ukraine and the pain and suffering right now breaks my

heart. I want this war to end and for people to be able to live in peace. This is what I hope and pray

for. I want to add one thing, however: forcing artists, or any public figure, to voice their political

opinions in public and to denounce their homeland is not right. This should be a free choice. Like

many of my colleagues, I am not a political person. I am not an expert in politics. I am an artist and

my purpose is to unite people across political divides.”

28.1. On February 27, 2022, the Met issued a public statement, along with a video of Gelb

reading the same text, referencing the war in Ukraine and stating “we can no longer engage with

7
 Case 1:23-cv-06857-AT Document 9-1 Filed 08/31/23 Page 8 of 40

artists or institutions that support Putin or are supported by him — not until the invasion and killing

has been stopped, order has been restored and restitutions have been made.”

29.28. On March 1, 2022, Netrebko issued a public statement via Instagram: “I have said, I

am opposite [sic] to this senseless war of aggression and I am calling on Russia to end this war right

now, to safe [sic] all of us! We need peace!”

30.1. On or around March 2, 2022, Gelb, in a phone call with Netrebko, requested that

Netrebko issue a statement specifically denouncing Putin. Gelb indicated that if Netrebko issued

such a statement, the Met would continue its relationship with her. Netrebko responded that, as a

Russian citizen, she could not make such a statement.

C. The Met Terminates Netrebko as Part of its Anti-Russia Publicity Relations

Campaign

29. On February 27, 2022, the Met issued a public statement, along with a video of Gelb

reading the same text, referencing the war in Ukraine and stating, “we can no longer engage with

artists or institutions that support Putin or are supported by him — not until the invasion and killing

has been stopped, order has been restored and restitutions have been made.” (hereinafter, the “Met’s

February 27 Policy”).10

30. On or around March 2, 2022, Gelb, in a phone call with Netrebko, requested that

Netrebko issue a statement specifically denouncing Putin. Gelb indicated that if Netrebko issued

such a statement, the Met would continue its relationship with her. Netrebko responded that, as a

Russian citizen, she could not make such a statement.

31. On March 3, 2022, the Met announced in a press release that Netrebko would not

perform in scheduled performances during the 2021-2022 and 2022-2023 seasons after “[n]ot

10
“We Stand with Ukraine,” Met Opera (Feb. 27, 2022),
[Link]
8
 Case 1:23-cv-06857-AT Document 9-1 Filed 08/31/23 Page 9 of 40

complying with the Met’s condition that she repudiate her public support for Vladimir Putin while

he wages war on Ukraine.”

31.32. Also Oon March 3, 2022, the Met added in an interview announced, viawith the

New York Times, that it was cancelling its contracts with Netrebko for scheduled performances over

the next two seasons, and in fact, that it was permanently terminating its relationship with Netrebko.

Gelb stated, “It’s hard to imagine a scenario in which she will return to the Met.”11

32.33. On March 28, 2022, the Met, by Gelb, sent a formal letter to Netrebko’s former

management stating that it was “compelled” to ask for her withdrawal from Turandot and Don

Carlo, and was also “canceling” the contracts for the 2023-24 season and “all holds for future

seasons.” The letter stated, “Because you have so closely aligned yourself with Putin, it is no longer

possible for you to perform at the Met.”

33.34. On March 30, 2022, unrelated to the March 28 letter from the Met, Netrebko issued

the following press release:

Anna Netrebko Condemns the War on Ukraine

Following numerous media reports in recent days, Anna Netrebko reconfirms and
further clarifies her position on the war on Ukraine.

Commenting on the war, Anna Netrebko said: “I expressly condemn the war on
Ukraine and my thoughts are with the victims of this war and their families. My
position is clear. I am not a member of any political party nor am I allied with any
leader of Russia. I acknowledge and regret that past actions or statements of mine
could have been misinterpreted. In fact, I have met President Putin only a handful of
times in my entire life, most notably on the occasion of receiving awards in
recognition of my art or at the Olympics opening ceremony. I have otherwise never
received any financial support from the Russian Government, and live and am a tax
resident in Austria. I love my homeland of Russia and only seek peace and unity
through my art. After taking my announced break, I will resume performing in late
May, initially in Europe.”

11
Javier C. Hernández, “Anna Netrebko, Russian Diva, Is Out at the Metropolitan Opera” N.Y.
Times (March 3, 2022), [Link]
[Link].
9
 Case 1:23-cv-06857-AT Document 9-1 Filed 08/31/23 Page 10 of 40

35. On March 30, Tthe Met again announced its response to Netrebko via the New York

Times, with Gelb explaining in an on-the-record interview that Netrebko’s new statement was still

unsatisfactory to the Met: “We’re not prepared to change our position . . . If Anna demonstrates that

she has truly and completely disassociated herself from Putin over the long term, I would be willing

to have a conversation.”12

34.36. Gelb and the Met sought to demonstrate to audiences and donors the Met’s supposed

role on the world stage—not only culturally, but in geopolitics and diplomacy—by making a

dramatic statement about its efforts to oppose Russia and support Ukraine.

35.37. Gelb has continued to make clear that he intends to make an example of Netrebko in

order to further the Met’s new anti-Russia brand. At a performance marking one year from the

Russian invasion of Ukraine, he stated publicly, “Although an opera house doesn’t have the

offensive capacity of an Abrams tank or an F-16 jet, the Metropolitan Opera is proud to be a

powerful cultural resource for Ukraine, helping to lead the fight for artistic liberty against Putin’s

cultural propaganda machine.”13

36.38. On March 3, 2023, Gelb told the New York Times that he would maintain his “ban”

on certain Russian artists, explaining, “Putin is looking for signs of weakness in the West, and I’m

sure his first priority is not the Metropolitan Opera House, but I want him to know culturally that we

12
Javier C. Hernández, “Anna Netrebko Seeks Distance From Putin After Losing Work”, N.Y.
Times (March 30, 2022), [Link]
[Link].
13
Ronald Blum, “Met Opera marks 1st year of Ukraine war with concert,” Associated Press
(Feb. 27, 2023), [Link]
perbandt-dangelo-037fb5aaf4d3cf6563608c8e0b77f88f.
10
 Case 1:23-cv-06857-AT Document 9-1 Filed 08/31/23 Page 11 of 40

will never weaken. It’s more important than ever that our position does not change until the war is

won by Ukraine.”14

D. The Met Terminated its Relationship with Netrebko Because of Her National
Origin and Gender

39. The Met cancelled its contracts and cancelled its contracts with Netrebko and

terminated its relationship with Netrebko because of hershe is a Russian national originwoman.

40. As Gelb and the Met attempted to demonstrate the Met’s commitment to support

Ukraine and oppose Russia, the most visible way that the Met could attempt to publicly demonstrate

this was by taking dramatic action against its “Russian diva” and “reigning prima donna,” which

they correctly anticipated would garner international headlines.

41. Gelb and the Met maintained the international publicity around its dramatic turn

against Netrebko by engaging in a campaign disparaging Netrebko for more than a year after

terminating the relationships with Netrebko.

42. The Met claimed, first, to terminate its relationship with Netrebko based on the

Met’s February 27 Policy that it would “no longer engage with artists or institutions that support

Putin or are supported by him”, as set forth in paragraph 29.

43. The Met’s February 27 Policy was discriminatory because targeting artists who

“support” or are “supported by” Putin singles out Russian artists.

44. In Russia, Putin’s government heavily funds the arts, including funding Russia’s

most important opera houses. Russian opera performers thus perform in theatres that are funded by

Putin’s government.

14
Alex Marshal & Javier Hernández, “A Year Into War, Russian Artists Still Must Navigate a
Tricky Path,” N.Y. Times (March 3, 2023), [Link]
[Link].
11
 Case 1:23-cv-06857-AT Document 9-1 Filed 08/31/23 Page 12 of 40

45. In Russia, dissent—that is, expressing a lack of support for the government—is

criminalized and dangerous.

46. The Met’s February 27 Policy effectively punishes artists for being Russian and is

therefore facially discriminatory.

47. The Met applied the February 27 Policy to Netrebko by terminating its contracts and

relationship with her.

Defendants’ motive is apparent from the statements made by Gelb, set forth in paragraph 51

below.

48. The Met’s additional stated reasons for terminating its contracts and relationship

with Netrebko—claim that it fired Netrebko that she declined to issue a statement explicitly

repudiating Putin and because she had “so closely aligned” herself with Putin—due to the nature of

her relationship with Putin was awere pretexts because Netrebko’s national origin wasand gender

were the real reasons for its decision.

49. The pretextual nature of the Met’s stated reasons is apparent because the stated

reasons were false. As further set forth in paragraphs 58 and 59, Netrebko was not closely aligned

with Putin, did not support Putin, did not receive support from Putin, was not closely associated

with Putin, was not an ally of Putin, and was not a political or ideological supporter of Putin.

50. The pretextual nature of the Met’s stated reasons is also apparent because the Met

replaced Netrebko with non-Russian performers, and because the Met then used the act of making

such replacements to garner further publicity.

(a) After the Met asked for Netrebko’s withdrawal from Turandot in the 2022-

2023 season, it replaced her with Liudmyla Monastyrska, who is Ukrainian.

12
 Case 1:23-cv-06857-AT Document 9-1 Filed 08/31/23 Page 13 of 40

(b) The Met used this occasion to announce explicitly and publicly that it was

replacing Netrebko with a Ukrainian performer, despite Monastyrska’s

concerns about being used to further the Met’s campaign against Netrebko.

Gelb admitted that Monastyrska’s Ukrainian national origin was one reason

the Met selected her for the role.15

(c) After the Met terminated its contract with Netrebko to perform in Don Carlo

in the 2022-23 season, it replaced her with Eleonora Buratto, who is Italian.

(d) After the Met terminated its contract with Netrebko to perform in La Forza

del Destino in the 2023-24 season, it replaced her with Lise Davidsen, who

is Norwegian.

51. The pretextual nature of the Met’s claims is also apparent because it did not

simultaneously and/or evenly apply the February 27 Policy to other artists who, according to media

reports, received support from, or expressed support for, Putin and/or the Russian government,

including by performing at Russian state-funded theaters and/or performing at Russian political

events.

37. The Met’s actions toward Netrebko unfairly targeted her because of her Russian

national origin.

52. The pretextual nature of the Met’s claims is also apparent because, to the extent the

Met claims that it took adverse actions against Netrebko because she refused to issue a statement

denouncing Putin, the Met did not require any other artists to make such a statement and the Met

15
Javier C. Hernández, “Dropping Anna Netrebko, the Met Turns to a Ukrainian Diva,” N.Y.
Times (Apr. 28, 2022), [Link]
[Link] (“The fact that she’s Ukrainian is an extra element of poetic justice that
certainly didn’t go unnoticed.”)
13
 Case 1:23-cv-06857-AT Document 9-1 Filed 08/31/23 Page 14 of 40

took adverse actions even after Netrebko attempted to comply with the Met’s requirements to the

fullest extent possible for her as a Russian citizen.

38. The Met, by it actions (1) requiring Netrebko to make a statement about the

war in Ukraine and denouncing Putin, and (2) terminating its contracts and

relationship with Netrebko, treated Netrebko worse than other employees

and artists because she is of Russian origin.

(a) The Met asked Netrebko to issue a statement about the war in Ukraine and

denouncing Putin because of her Russian national origin.

(b) Upon information and belief, Tthe Met did not ask artists who were not of

Russian origin about their views on Russia’s actions or ask them to make

statements about the war in Ukraine or denouncing Putin.

(b)(c) Upon information and belief, the Met did not ask any other artists about their

views on Russia’s actions or ask them to make statements about the war in

Ukraine or denouncing Putin.

(c) The Met’s requirement that Netrebko make a public statement about the war

in Ukraine, using specific terms and specifically denouncing Putin, had a

more harmful impact on Netrebko than a similar requirement would have

had on other employees and artists because she is of Russian origin.

(d) At the time the Met demanded Netrebko make the statement, the use of

terms like “war” and “invasion” could subject Russian citizens to criminal

penalties under Russian censorship laws. Denouncing Putin can also pose a

risk to a Russian person and to their family members and close friends living

in Russia.

14
 Case 1:23-cv-06857-AT Document 9-1 Filed 08/31/23 Page 15 of 40

(e) Netrebko has extended family and close friends living in Russia.

(f) Despite these risks, Netrebko used the word “war” in her multiple public

statements condemning Russia’s invasion of Ukraine, but it was not possible

for her to comply with the Met’s additional requirement that she denounce

Putin.

(f)(g) The Met was aware that it was not possible for her to comply with this

additional requirement that she denounce Putin.

(g)(h) Academics with expertise on Russian culture and society have publicly

discussed this risk to artists, including to Netrebko in particular. University

of Pennsylvania Professor Kevin M. F. Platt wrote in the New York Times,

“In Mr. Putin’s view, . . . any Russian who rejects the ‘protection’ of the

Russian state is a national traitor. Ms. Netrebko herself is now being

denounced as a traitor in the Russian Federation after making attempts to

distance herself from Mr. Putin.”16

(h)(i) Princeton University Professor Simon Morrison explained that “for the

artists, there’s no easy way to navigate this treacherous terrain . . .. But now

they face pressure to speak out, which can cause trouble for them or their

families back home . . ..”17

(j) Other opera houses around the world have now come to understand this risk

to Russian artists. The New York Times this year observed a key distinction

16
Kevin M. F. Platt, “The Profound Irony of Canceling Everything Russian,” N.Y. Times (Apr.
22, 2022), [Link]
17
Simon Morrison, “Canceling Russian artists plays into Putin’s hands,” Wash. Post (March 11,
2022), [Link]
gergiev-netrebko/.
15
 Case 1:23-cv-06857-AT Document 9-1 Filed 08/31/23 Page 16 of 40

between the Met’s approach and that of European houses: “Many major

European houses have changed tack in one important way: Realizing it’s

dangerous for Russians to publicly criticize their government, they no longer

require Russian artists to make public statements against the invasion.”18 The

General Director of the Bayerische Staatsoper was one of those who

“changed tack”: after his 2022 cancellation of a contract with Netrebko, in

2023 he told the Times that he did not ask any of the Russian performers in

his company’s production of War and Peace about their views on the war or

check their social media statements because, “Asking would already be an

accusation.”19

(k) The Met’s claim that it terminated its contracts and relationship with

Netrebko because she did not explicitly denounce Putin—despite the risks

she took to denounce Russia’s actions in Ukraine—is pretextual because the

Met made demands of Netrebko with which it knew she could not comply.

(l) To the extent that the Met’s claims that it terminated its contracts and

relationship with Netrebko because she did not explicitly denounce Putin is

credible, these grounds for the Met’s actions are direct evidence of

discrimination against her on the basis of her national origin because the Met

knew that as a Russian, it was impossible for her to comply with the Met’s

demands.

18
Marshal & Hernández, “A Year Into War, Russian Artists Still Must Navigate a Tricky Path,”
N.Y. Times [Link]
19
Id.
16
 Case 1:23-cv-06857-AT Document 9-1 Filed 08/31/23 Page 17 of 40

53. The Met discriminated against Netrebko because she is a Russian woman. The Met

did not terminate its contracts and relationships with similarly situated Russian male artists. Upon

information and belief, to this day the Met has continued its contracts and relationships with male

Russian artists who were publicly reported to have received support from, and/or expressed support

for, the Putin government, including by performing at Russian state-funded theaters and/or

performing at Russian political events.

54. The Met terminated its contracts and relationship with Netrebko but not with

similarly-situated Russian male artists because Gelb and the Met knew that their actions against

Netrebko, as a well-known “diva” or “prima donna”—that is, as a female opera performer—would

garner more international headlines than similar actions taken against male artists and would

therefore be more successful in furthering the Met’s anti-Russia publicity campaign.

39.1. The Met cancelled its contracts with Netrebko and terminated its relationship with

Netrebko because of her Russian national origin. Defendants’ motive is apparent from the

statements made by Gelb, set forth in paragraph 51 below.

40.1. The Met’s claim that it fired Netrebko due to the nature of her relationship with

Putin was a pretext because Netrebko’s national origin was the real reason for its decision.

41.55. The Met has not offered to reinstate Netrebko.

E. Gelb and the Met Engage in a Defamatory Crusade Against Netrebko

42.56. Both before and even after terminating its relationship with Netrebko, Gelb and the

Met engaged in a persistent public campaign to defame and disparage Netrebko:

(a) In a March 1, 2022 New York Times article titled “Valery Gergiev, a Putin

Ally, Fired as Chief Conductor in Munich,” Gelb stated, referring to

17
 Case 1:23-cv-06857-AT Document 9-1 Filed 08/31/23 Page 18 of 40

Netrebko, “In the case of somebody who is so closely associated with Putin,

denouncing the war is not enough.” 20

(b) In a March 3, 2022 New York Times article titled, “Anna Netrebko, Russian

Diva, Is Out at the Metropolitan Opera,” Gelb stated, “Anna [Netrebko] is

one of the greatest singers in Met history, but with Putin killing innocent

victims in Ukraine there was no way forward. . . . It’s hard to imagine a

scenario in which she will return to the Met.” 21

(c) In an April 1, 2022 Guardian article titled, “Peter Gelb of the New York

Met: ‘We’re cancelling Putin, not Pushkin,’” Gelb stated, referring to

Netrebko, “she had put herself in that impossible position where she couldn’t

repudiate [Putin].”22

(d) In a June 30, 2022 Operawire publication titled, “Peter Gelb Makes

Statements on Anna Netrebko Fallout, the Anti-LGBTQ Law in Russia,

State Funding & Diversity at the Met,” Gelb stated, “Netrebko is a close

personal ally of Putin, both in her actions and her mindset – and I know that

20
Javier C. Hernández, “Valery Gergiev, a Putin Ally, Fired as Chief Conductor in Munich,”
N.Y. Times (March 1, 2022), [Link]
[Link]
21
Javier C. Hernández, “Anna Netrebko, Russian Diva, Is Out at the Metropolitan Opera,” N.Y.
Times (March 3, 2022), [Link]
[Link]
22
Nicholas Wroe, “Peter Gelb of the New York Met: ‘We’re cancelling Putin, not Pushkin,’”
The Guardian (April 1, 2022), [Link]
york-metropolitan-opera-interview-russia-putin.
18
 Case 1:23-cv-06857-AT Document 9-1 Filed 08/31/23 Page 19 of 40

from personal experience because I’ve spoken to her and I’ve known her for

many, many years – what I have long tolerated is now unacceptable.” 23

(e) In an August 14, 2022 article in the Sunday Times (UK), “Putin and the

divas: how the Kremlin waged a cultural offensive on the West,” Gelb

stated, referring to Netrebko, “I was always aware she was, you know, a

huge Putin supporter . . . The fact is she put herself in this awful position by

being Putin’s political acolyte and fan club member over a period of many

years, which I had witnessed.”24

(f) In the same August 14, 2022 article in the Sunday Times (UK), “Putin and

the divas: how the Kremlin waged a cultural offensive on the West,” Gelb

described the circumstances under which the Met would re-hire Netrebko,

stating, “When the war is over, Putin has been defeated, he’s no longer in

office, she’s demonstrating genuine remorse. Maybe that’s when we can

consider it. . . . But I would say there’s a very small chance of that

happening.”25

23
Francisco Salazar, “Peter Gelb Makes Statements on Anna Netrebko Fallout, the Anti-LGBTQ
Law in Russia, State Funding & Diversity at the Met,” Operawire (June 30, 2022),
[Link]
in-russia-state-funding-diversity-at-the-met/ (re-publishing in translation German-language
publication, Jeffrey Arlo Brown, “Für mich ist eine Produktion ein Misserfolg, wenn die
Geschichte nicht verständlich rübergebracht wird,” Van Magazin (June 29, 2022), [Link]
[Link]/mag/peter-gelb-met/?mc_cid=87e1f2fd30&mc_eid=7ad793dc28.)
24
Madeleine Spence, “Putin and the divas: how the Kremlin waged a cultural offensive on the
West,” Sunday Times (UK) (Aug. 14, 2022), [Link]
divas-how-the-kremlin-waged-a-cultural-offensive-on-the-west-lkq92bphh.
25
Madeleine Spence, “Putin and the divas: how the Kremlin waged a cultural offensive on the
West,” Sunday Times (UK) (Aug. 14, 2022), [Link]
divas-how-the-kremlin-waged-a-cultural-offensive-on-the-west-lkq92bphh.
19
 Case 1:23-cv-06857-AT Document 9-1 Filed 08/31/23 Page 20 of 40

(g) In a September 12, 2022 Guardian article titled “Feted opera singer with

links to Putin garners boos – and cheers,” Gelb stated, referring to Netrebko,

“She is inextricably associated with Putin. . . She has ideologically and in

action demonstrated that over a period of years.” 26

(h) In a November 9, 2022 article in Limelight titled, “Peter Gelb on the ins and

outs of the Met’s new cinema season,” Gelb stated, “Netrebko has

demonstrated over a period of many years that she was kind of in lockstep

politically and ideologically with Putin.” 27

(i) In a February 27, 2023 Associated Press article titled, “Met Opera marks 1st

year of Ukraine war with concert,” Gelb stated, referring to terminating the

Met’s relationship and contracts with Netrebko, “It’s a small price to pay. . .

.To be on the side of right was what’s important. I wouldn’t be able to look

at myself in the mirror and have known Putin supporters performing on our

stage.” 28

(j) In a March 17, 2023 New York Times article titled, “Met Opera Ordered to

Pay Anna Netrebko $200,000 for Canceled Performances,” Gelb stated,

“Although our contracts are ‘pay or play,’ we didn’t think it was morally

right to pay Netrebko anything considering her close association with Putin, .

26
Shaun Walker, “Feted opera singer with links to Putin garners boos – and cheers,” The
Guardian (Sept. 12, 2022), [Link]
soprano-anna-netrebko-invasion-ukraine.
27
Clive Paget, “Peter Gelb on the ins and outs of the Met’s new cinema season,” Limelight
(Nov. 11, 2022), [Link]
the-mets-new-cinema-season/.
28
Ronald Blum, “Met Opera marks 1st year of Ukraine war with concert,” Associated Press
(Feb. 27, 2023), [Link]
perbandt-dangelo-037fb5aaf4d3cf6563608c8e0b77f88f .
20
 Case 1:23-cv-06857-AT Document 9-1 Filed 08/31/23 Page 21 of 40

. . It’s an artistic loss for the Met not having her singing here. But there’s no

way that either the Met or the majority of its audience would tolerate her

presence.” 29

43.57. Gelb made these statements in the context of on-the-record interviews with reporters

at major news outlets and significant industry publications. Thus, he made the statements with the

knowledge that they would be published and widely disseminated, and each statement was

published and widely disseminated.

44.58. Each of these statements is false. In particular,

(a) Netrebko is not associated with Putin and Netrebko is not closely or

inextricably associated with Putin.

(b) Netrebko is not an ally of Putin and is not a close personal ally of Putin.

(c) Netrebko is not associated with Putin and has not demonstrated through

actions or ideology that she is inextricably associated with Putin.

(d) Netrebko is not a political or ideological supporter of Putin, is not a huge

Putin supporter, and has not demonstrated that she is a political acolyte of

Putin or that she is in political or ideological lockstep with Putin.

(e) It is false that the Met’s audience would not continue to watch Netrebko

perform and it is false that a majority of the Met’s audience would not

“tolerate” Netrebko’s participation in the Met’s performances.

29
Javier C. Hernández, “Met Opera Ordered to Pay Anna Netrebko $200,000 for Canceled
Performances,” N.Y. Times (March 17, 2023),
[Link]
21
 Case 1:23-cv-06857-AT Document 9-1 Filed 08/31/23 Page 22 of 40

45.59. At the time that Gelb made these statements, he had knowledge of the statements’

falsity, should have known they were false, or spoke with reckless disregard of the truth of the

statements, as set forth in sub-paragraphs 59(a)-(l).

(a) Gelb made the statements set forth in paragraphs 561(ea) through 561(j)

after Netrebko stated publicly on February 26, 2022, “I am opposed to this

war.”

(b) Gelb made the statements set forth in paragraphs 561(eb) through 561(j)

after Netrebko stated publicly on March 1, 2022, “I am opposite [sic;

opposed] to this senseless war of aggression and I am calling on Russia to

end this war right now.”

(c) Gelb made the statements set forth in paragraphs 561(ec) through 561(j)

after Netrebko stated publicly on March 30, 2022, that she “expressly

condemn[ed] the war on Ukraine,” that she was “not a member of any

political party nor [] allied with any leader of Russia,” that she had “met

President Putin only a handful of times in [her] entire life,” and had “never

received any financial support from the Russian Government.”

(d) As Netrebko described in detail in her March 30, 2022 public statement, she

has met Putin on a small number of occasions. Each occasion was during a

public, non-political event, such as receiving a national prize, the opening of

an opera house, and the opening ceremony of the Olympic games in Russia.

None involvedNetrebko has never met Putin in a one-on-one meetings or

meeting in a political or government setting. Netrebko has never campaigned

for Putin nor performed in an event of a political nature.

22
 Case 1:23-cv-06857-AT Document 9-1 Filed 08/31/23 Page 23 of 40

(e) While in 2014 there were news reports that, after announcing a financial

donation to an opera house in Donetsk during a press conference in St.

Petersburg after the Russian invasion of Crimea, Netrebko had been

photographed with a pro-Russian separatist holding the pro-separatist flag,

Gelb made the statements in paragraphs 56(e) through 56(j) after Netrebko

had publicly explained at the timein 2014 that she only wanted to help the

artists in Donetsk, she did not support the separatists, she did not

immediately recognize the flag when it was held up, she gave the donation to

an official because she wanted it to reach its intended donation of the opera

house, and the donation was not a political act.”30

(e)(f) Further, Gelb made the statements in paragraphs 561(ed) through 561(j)

after Netrebko had explained publicly in a May 22, 2022 interview that her

actions at the St. Petersburg press conference were, at worst, a mistake.31

(f)(g) While it was reported that on two occasions Netrebko’s name appeared on

lists of up to 600 supposed-Putin supporters of his presidential

campaignssupporters, prior to most of Gelb’s statements in paragraphs 56(e)

through 56(j), she had stated publicly that, on one occasion, she did not

believe she could reject the request to include her name and on the second

occasion, her name was included on the list without her knowledge or

30
See, e.g., Michael Cooper & Sophia Kishkovsky, “Donation to Ukrainian Opera House Puts
Netrebko in a Political Spotlight,” N.Y. Times (Dec. 9, 2014),
[Link]
opera-house-puts-netrebko-in-a-political-spotlight/.
31
See, e.g., “Anna Netrebko, a soprano caught between the footlights and the flames of war, ” Le
Monde (May 22, 2022), [Link]
soprano-caught-between-the-footlights-and-the-flames-of-war_5985430_30.html.
23
 Case 1:23-cv-06857-AT Document 9-1 Filed 08/31/23 Page 24 of 40

consent.32 Despite that appearance on the proxy lists, Netrebko has never

campaigned for Putin. If she had declined to permit her name to be included,

she believed she would have risked facing punishment or harm in Russia.

(g)(h) Gelb made the statements in paragraphs 561(ed) through 561(j) after

Netrebko stated publicly in a May 22, 2022 interview that she did not vote

for Putin in 2018.33

(h)(i) Gelb made the statements in paragraphs 561(ea) through 551(j) after

Netrebko publicly stated on February 26, 2022 that she is not a political

person, and made the statements in paragraphs 51(c) through 51(j) after

Netrebko stated publicly on March 30, 2022, that she is not a member of a

political party, and made the statements in paragraphs 51(d) through 51(j)

after Netrebko stated publicly on May 22, 2022 that she has never taken part

in a political campaign.34

(i)(j) Gelb made the statement in paragraph 561(j) concerning the Met’s audiences

after Netrebko had given more than 45 performances in opera houses and

concert halls in at least twelve countries on three continents subsequent to

the Russian invasion of Ukraine.

32
See, e.g., Christine Lemke-Matwey, “Ich bleibe eine Russin," Die Zeit (June 2, 2022),
[Link] “Anna Netrebko, a soprano
caught between the footlights and the flames of war,” Le Monde (May 22, 2022),
[Link]
the-footlights-and-the-flames-of-war_5985430_30.html.
33
See, e.g., “Anna Netrebko, a soprano caught between the footlights and the flames of war,” Le
Monde (May 22, 2022), [Link]
soprano-caught-between-the-footlights-and-the-flames-of-war_5985430_30.html.
34
See, e.g., Christine Lemke-Matwey, “Ich bleibe eine Russin,'” Die Zeit (June 2, 2022),
[Link]
24
 Case 1:23-cv-06857-AT Document 9-1 Filed 08/31/23 Page 25 of 40

(j)(k) Netrebko has stated that she is proud of her Russian heritage, but her

national pride is entirely different from political support for a particular

government.

(k)(l) Gelb has worked closely with Russian artists and/or arts organizations for

more than forty years, and thus knows or should know the political realities

and challenges for Russian artists.

60. Gelb made each of the statements in paragraph 56 because he wanted to promote the

business of the Met by developing its reputation as an internationally important supporter of

Ukraine and opponent of Russia.

46.61. Gelb’s statements disparaged Netrebko in her profession, in part because they were

made by the leader of a prominent opera house in connection with terminating its professional

relationship with Netrebko, and thus caused injury to Netrebko’s professional reputation.

F. The Union Largely Prevails in Arbitration, Leaving State Law Questions

Unresolved

47.62. As a performing artist at the Met, Netrebko was covered by a collective-bargaining

agreement (the “CBA”) between the Met and the American Guild of Musical Artists (AGMA) (the

“Union”).

48.63. On May 5, 2022, the Union filed a grievance with the Met, asserting that the Met’s

cancellation of Netrebko’s performances violated the parties’ CBA. Unable to resolve the grievance,

the Union demanded arbitration and an arbitration hearing was held before Arbitrator Howard

Edelman. On February 10, 2023, the Arbitrator issued an award (the “Arbitrator’s Award”). The

Arbitrator’s Award found that the Met had violated the CBA when it cancelled three agreements

with Netrebko that each had been reduced to a Standard Principals Contract (“SPC”) as provided for

by—and thus enforceable under—the CBA. These three SPC agreements were for Netrebko’s

25
 Case 1:23-cv-06857-AT Document 9-1 Filed 08/31/23 Page 26 of 40

participation in the Met’s productions of Don Carlo in the 2022-2023 season and La forza del

destino and Andrea Chénier in the 2023-2024 season.

49.64. As explained by the Arbitrator’s Award, the general course of dealing by the Met

and performing artists is as follows: “The [CBA] and the practice of the parties creates a two-tiered

mechanism for engaging an artist to perform at the Met. After discussions between the artists

(and/or their agents) and Met representatives (usually the General Manager), the parties agree upon

the opera to be performed and the dates upon which it will be. They may often discuss pay and other

terms and conditions of employment. It is undisputed each side places a hold on the dates of

performance.” In the second phase of the process, “pursuant to the terms of the [CBA], a formal

agreement [the SPC] . . . is executed and filed with [the Union].”

50.65. As the Arbitrator’s Award correctly explained, the purpose of converting a hold to

an SPC is to provide a copy to the Union, and Netrebko’s then-manager did not request that the Met

convert the holds to SPCs “because . . . there was no perceived need to execute and submit them to

[the Union].”

51.66. The Arbitrator’s Award found that the Union’s argument that the holds were binding

contracts under New York law was not properly before him. He explained, “The Union raised a

number of arguments in support of the enforceability of holds. Essentially, they may be viewed as a

single proposition – that the holds for the applicable operas are binding contracts under New York

law. It contended that in each case, ‘the expressed words and deeds of the parties established offer,

acceptance, and material terms, resulting in a binding contract.’(Brief, p. 10). This argument is

misplaced, I find. The issue here is not whether the communications, oral and written, constitute

binding contracts. Rather, the issue is whether holds, however viewed, . . . are enforceable under

the terms of the [CBA] Collective Bargaining Agreement and the parties’ practice. They are not and

26
 Case 1:23-cv-06857-AT Document 9-1 Filed 08/31/23 Page 27 of 40

the status of the holds, standing alone, cannot alter this conclusion.” (p. 28-29) (internal citations

and footnotes omitted).

52.67. Thus, the Arbitrator held that it was outside his authority to determinedid not decide

whether the “holds” for the 2024-2025 and 2025-2026 seasons constituted binding contracts under

New York law, and only decided the question under the CBA. The state law issue has not been

decided and this question is appropriately decided by a court.

G. The Met Breached Four Contracts with Netrebko that Were Left Unresolved by the
Arbitrator

53.68. In addition to the breaches of the CBA decided by the Arbitrator, the Met’s actions

resulted in the cancellation of four additional contracts between the Met and Netrebko: Tosca and

Pique Dame in the 2024-2025 season and Manon Lescaut and Macbeth in the 2025-2026 season.

54.69. Between 2020 and 2021, Netrebko’s then-manager, Judith Neuhoff, engaged in

discussions about scheduling Netrebko to perform in certain of the Met’s planned productions.

Netrebko, through Neuhoff, reached agreement with the Met to perform in the Met’s productions of

Tosca, Pique Dame, Manon Lescaut, and Macbeth. Consistent with the parties’ general practice, the

Met invited Netrebko to give five performances of each title.

a. The 2024-2025 Season

i. Tosca

55.70. In December 2020, Met administrator Michael Heaston wrote to Neuhoff inviting

Netrebko to perform Tosca during the 2024-2025 season, asking whether the period between

February 27 and March 22, 2025 would be “possible for several performances,” indicating that if it

was, he would “come back” to Neuhoff “with a formal offer.”

56.71. Later that month, Neuhoff responded that the dates work “in principle” and she

would be “happy to ask Anna once this is firm from your side.”

27
 Case 1:23-cv-06857-AT Document 9-1 Filed 08/31/23 Page 28 of 40

57.72. In February 2021, Heaston wrote that he was following up about the “possibility of

Anna joining us for TOSCA in the 24/25 season in the period February 27-March 22, 2025,” asking

Neuhoff, “Would it be possible to determine if Anna would definitely want to have these

performances?” He explained that he would need to move another artist the Met had previously

confirmed for these performances to a different series to facilitate this, “and can only do so if we

know that Anna will join us with complete certainty.”

58.73. In June 2021, Neuhoff replied that she was “pleased to confirm Tosca in 24/25.” In

February 2022, Heaston re-confirmed the dates, re-iterating that he needed to move another artist

and “want[ed] to make sure all of this is solid.” Neuhoff again confirmed, stating, “I have February

27 – March 22, 2025 firmly held in the diary, yes,” referring to Netrebko’s official performance

calendar or “diary” that her manager maintained.

ii. Pique Dame

59.74. In June 2020, Met administrator Jonathan Friend emailed Neuhoff to “offer

[Netrebko] 5 performances of Lisa in PIQUE DAME in the time period April 28-June 7, 2025.”

60.75. In December 2020, Neuhoff responded, “Anna is happy to accept the Pique Dame.”

61.76. Friend responded, “Very happy about PIKOVAYA DAMA.”

b. The 2025-2026 Season – Manon Lescaut and Macbeth

62.77. In March 2021, the Met and Neuhoff discussed Netrebko’s participation in

productions of Manon Lescaut and Macbeth in the 2025-26 season and Neuhoff indicated the

Netrebko accepted the Met’s offers to perform in these productions.

63.78. In June 2021, Heaston wrote to Neuhoff to formally offer the roles to Netrebko,

stating, “May I offer her 5 performances of the title role in MANON LESCAUT in the time period

November 24, 2025-January 17, 2026 and 5 performances of Lady Macbeth in MACBETH in the

28
 Case 1:23-cv-06857-AT Document 9-1 Filed 08/31/23 Page 29 of 40

time period March 23-May 2, 2026? I can offer her our top fee of $17,000 per performance for both

productions.”

64.79. Neuhoff responded on July 10, 2021, accepting the Manon Lescaut offer and saying

that Netrebko was still considering Macbeth: “Anna is happy to accept the Manon Lescaut and is

considering the Macbeth (though I think this will also be a yes.)”

65.80. Heaston responded that the Met was “delighted Anna is confirmed for the new

production of MANON LESCAUT.” He also indicated that the Met had, in fact, relied on the

March 30 discussion: “Based upon your email from March 30, which stated Anna was happy with

both MANON LESCAUT and MACBETH in the 25/26 season, we proceeded with planning both

titles.”

66.81. Neuhoff stated that she was “confident it will be a yes,” but that Netrebko was “a bit

hesitant to think about 25/26 in greater detail.”

67.82. In response, Gelb reiterated the Met’s reliance on the March communication: “I

know you know this, but we have only scheduled Macbeth and cast the other roles because we

thought Anna was definitely on board.” Gelb asked “Under these circumstances, might it be

possible to push her now for a final confirmation?”

68.83. On information and belief, Neuhoff confirmed that Netrebko accepted the Met’s

offer to perform in the Macbeth production.

H. Netrebko Has Suffered Damages as a Result of Defendants’ Actions

69.84. The actions of Defendants caused Netrebko emotional distress and physical

suffering.

70.85. The actions of Defendants damaged Netrebko’s professional reputation in multiple

respects.

29
 Case 1:23-cv-06857-AT Document 9-1 Filed 08/31/23 Page 30 of 40

71.86. The actions of Defendants harmed Netrebko’s reputation with audiences and opera

fans, including by encouraging protests of her performances.

72.87. The actions of Defendants damaged Netrebko’s professional reputation by causing

other opera houses, concert halls, and cultural institutions to refrain from contracting with Netrebko.

73.88. The actions of Defendants, including by requiring Netrebko to issue public

statements opposing the actions of Russian government, have caused Netrebko harm in Russia:

Russian politicians have denounced Netrebko, Russian theater companies have cancelled contracts

with her, Russian audiences have criticized her on her social media channels and in the Russian

press, and Netrebko and her family and friends in Russia have suffered the risk of harm, retaliation,

and retribution by the Russian government.

74.89. As a consequence of Defendants’ termination of the Met’s contracts and

professional relationship with Netrebko, Netrebko was forced to sell her home in New York City,

which caused her additional emotional distress.

FIRST CAUSE OF ACTION

Discrimination in Violation of the New York State Human Rights Law
(National Origin Discrimination)

Against Defendant the Met

75.90. Plaintiff Netrebko repeats and realleges the foregoing paragraphs as if fully set forth

herein.

76.91. By the actions described above, Defendant the Met discriminated against Plaintiff on

the basis of her national origin in violation of the NYSHRL by requiring that Netrebko issue a

statement about the war in Ukraine and Putin containing specified language and terminating its

contracts and relationship with Netrebko because of her national origin.

30
 Case 1:23-cv-06857-AT Document 9-1 Filed 08/31/23 Page 31 of 40

77.92. As a direct and proximate result of Defendant the Met’s unlawful and discriminatory

conduct in violation of the NYSHRL, Plaintiff has suffered and continues to suffer harm for which

she is entitled to an award of monetary damages and other relief.

78.93. As a direct and proximate result of Defendant the Met’s unlawful and discriminatory

conduct in violation of the NYSHRL, Netrebko has suffered, and continues to suffer, harm for

which she is entitled to an award of monetary damages and other relief, in addition to costs and

reasonable attorneys’ fees pursuant to N.Y. Exec. Law § 297(10) and punitive damages pursuant to

§ 297(4)(c).

SECOND CAUSE OF ACTION

Aiding and Abetting in Violation of New York State Human Rights Law
(National Origin Discrimination)

Against Defendant Gelb

79.94. Plaintiff Netrebko repeats and realleges the allegations contained in the foregoing

paragraphs, as if fully set forth herein.

80.95. Defendant Gelb directly participated in the discriminatory conduct perpetrated

against Netrebko, including, but not limited to, by requiring that Netrebko issue a statement about

the war in Ukraine and Putin containing specified language and terminating its contracts and

relationship with Netrebko because of her national origin.

81.96. At all relevant times, Defendant Gelb supervised Netrebko and had the ability to

control the terms and conditions of the Met’s relationship with Netrebko, including, but not limited

to, the power to terminate its contracts and relationship with Netrebko.

82.97. Defendant Gelb knowingly and recklessly aided and abetted the unlawful

discrimination against Netrebko in violation of the NYSHRL, including but not limited to, the

termination of the Met’s contracts and relationship with Netrebko.

31
 Case 1:23-cv-06857-AT Document 9-1 Filed 08/31/23 Page 32 of 40

83.98. As a direct and proximate result of Defendant Gelb’s conduct, Netrebko has

suffered, and continues to suffer, monetary and/or economic damages, including, but not limited to,

loss of past and future income for which Netrebko is entitled to an award of damages.

84.99. As a direct and proximate result of Defendant Gelb’s conduct, Netrebko has

suffered, and continues to suffer, severe mental anguish and emotional distress, including, but not

limited to, depression, humiliation, embarrassment, stress and anxiety, and emotional pain and

suffering for which Netrebko is entitled to an award of damages.

85.100. As a direct and proximate result of Defendant Gelb’s unlawful and discriminatory

conduct in violation of the NYSHRL, Netrebko has suffered, and continues to suffer, harm for

which she is entitled to an award of monetary damages and other relief, in addition to costs and

reasonable attorneys’ fees pursuant to N.Y. Exec. Law § 297(10) and punitive damages pursuant to

§ 297(4)(c).

THIRD CAUSE OF ACTION

Discrimination in Violation of the New York City Human Rights Law
(National Origin Discrimination)
Against Defendant the Met

86.101. Plaintiff Netrebko repeats and realleges the foregoing paragraphs as if fully set forth

herein.

87.102. By the actions described above, among others, Defendant the Met discriminated

against Netrebko on the basis of her national origin in violation of the NYCHRL by treating her less

favorably than non-Russian artists, including, but not limited to, by requiring that Netrebko issue a

statement about the war in Ukraine and Putin containing specified language and terminating its

contracts and relationships with Netrebko because of her national origin.

88.103. As a direct and proximate result of Defendant the Met’s unlawful and discriminatory

conduct in violation of the NYCHRL, Netrebko has suffered, and continues to suffer, harm for

32
 Case 1:23-cv-06857-AT Document 9-1 Filed 08/31/23 Page 33 of 40

which she is entitled to an award of monetary damages and other relief, in addition to costs and

reasonable attorneys’ fees pursuant to N.Y. City Admin. Code § 8-502(a), (g).

89.104. Defendant the Met’s unlawful and discriminatory actions constitute malicious,

willful and wanton violations of the NYCHRL for which Netrebko is entitled to an award of

punitive damages pursuant to N.Y. City Admin. Code § 8-502(a).

FOURTH CAUSE OF ACTION

Aiding and Abetting in Violation of the New York City Human Rights Law
(National Origin Discrimination)
Against Defendant Gelb

90.105. Plaintiff Netrebko repeats and realleges the foregoing paragraphs as if fully set forth

herein.

91.106. Defendant Gelb directly participated in the discriminatory conduct perpetrated

against Netrebko, including, but not limited to, by requiring that Netrebko issue a statement about

the war in Ukraine and Putin containing specified language and terminating its contracts and

relationships with Netrebko because of her national origin.

92.107. At all relevant times, Gelb supervised Netrebko and/or had the ability to control the

terms and conditions of the Met’s relationship with Netrebko, including, but not limited to, the

power to terminate its contracts and relationship with Netrebko.

93.108. Defendant Netrebko knowingly and recklessly aided and abetted the unlawful

discrimination against Plaintiff in violation of the NYCHRL, including, but not limited to, requiring

that Netrebko issue a statement about the war in Ukraine containing certain language and

terminating the Met’s contracts and relationship with Netrebko because of her national origin.

94.109. As a direct and proximate result, Netrebko has suffered, and continues to suffer,

monetary and/or economic damages, including, but not limited to, loss of past and future income for

which Netrebko is entitled to an award of damages.

33
 Case 1:23-cv-06857-AT Document 9-1 Filed 08/31/23 Page 34 of 40

95. As a direct and proximate result, Netrebko has suffered, and continues to suffer,

severe mental anguish and emotional distress, including, but not limited to, depression, humiliation,

embarrassment, stress and anxiety, and emotional pain and suffering for which Netrebko is entitled

to an award of damages.

110.

96.111. 51. Defendant Gelb’s unlawful and discriminatory conduct constitutes a knowing,

malicious, willful, and wanton violation of the NYCHRL for which Plaintiff is entitled to an award

of punitive damages.

FIFTH CAUSE OF ACTION

Discrimination in Violation of the New York State Human Rights Law
(National Origin Plus Gender Discrimination)
Against Defendant the Met

112. Plaintiff Netrebko repeats and realleges the foregoing paragraphs as if fully set forth

herein.

113. By the actions described above, Defendant the Met discriminated against Plaintiff on

the basis of her gender and national origin in violation of the NYSHRL by terminating its contracts

and relationship with Netrebko because of her gender and national origin.

114. As a direct and proximate result of Defendant the Met’s unlawful and discriminatory

conduct in violation of the NYSHRL, Plaintiff has suffered and continues to suffer harm for which

she is entitled to an award of monetary damages and other relief.

115. As a direct and proximate result of Defendant the Met’s unlawful and discriminatory

conduct in violation of the NYSHRL, Netrebko has suffered, and continues to suffer, harm for

which she is entitled to an award of monetary damages and other relief, in addition to costs and

reasonable attorneys’ fees pursuant to N.Y. Exec. Law § 297(10) and punitive damages pursuant to

§ 297(4)(c).

34
 Case 1:23-cv-06857-AT Document 9-1 Filed 08/31/23 Page 35 of 40

SIXTH CAUSE OF ACTION

Aiding and Abetting in Violation of New York State Human Rights Law
(National Origin Plus Gender Discrimination)
Against Defendant Gelb

116. Plaintiff Netrebko repeats and realleges the allegations contained in the foregoing

paragraphs, as if fully set forth herein.

117. Defendant Gelb directly participated in the discriminatory conduct perpetrated

against Netrebko, including, but not limited to, by terminating its contracts and relationship with

Netrebko because of her gender and national origin.

118. At all relevant times, Defendant Gelb supervised Netrebko and had the ability to

control the terms and conditions of the Met’s relationship with Netrebko, including, but not limited

to, the power to terminate its contracts and relationship with Netrebko.

119. Defendant Gelb knowingly and recklessly aided and abetted the unlawful

discrimination against Netrebko in violation of the NYSHRL, including but not limited to, the

termination of the Met’s contracts and relationship with Netrebko.

120. As a direct and proximate result of Defendant Gelb’s conduct, Netrebko has

suffered, and continues to suffer, monetary and/or economic damages, including, but not limited to,

loss of past and future income for which Netrebko is entitled to an award of damages.

121. As a direct and proximate result of Defendant Gelb’s conduct, Netrebko has

suffered, and continues to suffer, severe mental anguish and emotional distress, including, but not

limited to, depression, humiliation, embarrassment, stress and anxiety, and emotional pain and

suffering for which Netrebko is entitled to an award of damages.

122. As a direct and proximate result of Defendant Gelb’s unlawful and discriminatory

conduct in violation of the NYSHRL, Netrebko has suffered, and continues to suffer, harm for

which she is entitled to an award of monetary damages and other relief, in addition to costs and

35
 Case 1:23-cv-06857-AT Document 9-1 Filed 08/31/23 Page 36 of 40

reasonable attorneys’ fees pursuant to N.Y. Exec. Law § 297(10) and punitive damages pursuant to

§ 297(4)(c).

SEVENTH CAUSE OF ACTION

Discrimination in Violation of the New York City Human Rights Law
(National Origin Plus Gender Discrimination)
Against Defendant the Met

123. Plaintiff Netrebko repeats and realleges the foregoing paragraphs as if fully set forth

herein.

124. By the actions described above, among others, Defendant the Met discriminated

against Netrebko on the basis of her gender and national origin in violation of the NYCHRL by

terminating its contracts and relationships with Netrebko because of her gender and national origin.

125. As a direct and proximate result of Defendant the Met’s unlawful and discriminatory

conduct in violation of the NYCHRL, Netrebko has suffered, and continues to suffer, harm for

which she is entitled to an award of monetary damages and other relief, in addition to costs and

reasonable attorneys’ fees pursuant to N.Y. City Admin. Code § 8-502(a), (g).

126. Defendant the Met’s unlawful and discriminatory actions constitute malicious,

willful and wanton violations of the NYCHRL for which Netrebko is entitled to an award of

punitive damages pursuant to N.Y. City Admin. Code § 8-502(a).

EIGHTH CAUSE OF ACTION

Aiding and Abetting in Violation of the New York City Human Rights Law
(National Origin Plus Gender Discrimination)
Against Defendant Gelb

127. Plaintiff Netrebko repeats and realleges the foregoing paragraphs as if fully set forth

herein.

36
 Case 1:23-cv-06857-AT Document 9-1 Filed 08/31/23 Page 37 of 40

128. Defendant Gelb directly participated in the discriminatory conduct perpetrated

against Netrebko, including, but not limited to, by terminating its contracts and relationships with

Netrebko because of her gender and national origin.

129. At all relevant times, Gelb supervised Netrebko and/or had the ability to control the

terms and conditions of the Met’s relationship with Netrebko, including, but not limited to, the

power to terminate its contracts and relationship with Netrebko.

130. Defendant Netrebko knowingly and recklessly aided and abetted the unlawful

discrimination against Plaintiff in violation of the NYCHRL, including, but not limited to,

terminating the Met’s contracts and relationship with Netrebko because of her gender and national

origin.

131. As a direct and proximate result, Netrebko has suffered, and continues to suffer,

monetary and/or economic damages, including, but not limited to, loss of past and future income for

which Netrebko is entitled to an award of damages.

132. As a direct and proximate result, Netrebko has suffered, and continues to suffer,

severe mental anguish and emotional distress, including, but not limited to, depression, humiliation,

embarrassment, stress and anxiety, and emotional pain and suffering for which Netrebko is entitled

to an award of damages.

133. Defendant Gelb’s unlawful and discriminatory conduct constitutes a knowing,

malicious, willful, and wanton violation of the NYCHRL for which Plaintiff is entitled to an award

of punitive damages.

FIFTH NINTH CAUSE OF ACTION

Defamation
Against All Defendants

97.134. Plaintiffs repeat and reallege the foregoing paragraphs as if fully set forth herein.

37
 Case 1:23-cv-06857-AT Document 9-1 Filed 08/31/23 Page 38 of 40

98.135. Gelb and the Met made public statements, as set forth in paragraphs 5649(e) through

56(j) above. Each of these statements was defamatory per se because they wereeach was a

statements of fact which exposed Netrebko to public hatred, ridicule, contempt, or disgrace, and

injured Netrebko’s career and professional reputation.

99.136. The public statements clearly refer to Netrebko and are false and misleading.

100.137. Gelb and the Met acted with actual malice because they made these

defamatory statements about Netrebko with knowledge of their falsity or with reckless disregard of

the truth or falsity of the statements.

101.138. As a direct and proximate cause of Gelb’s and the Met’s publication of these

defamatory statements, Netrebko has suffered and continues to suffer monetary, reputational, and

emotional damages.

SIXTH TENTH CAUSE OF ACTION

Breach of Contract
Against Defendant the Met

102.139. Plaintiffs repeat and reallege the foregoing paragraphs as if fully set forth

herein.

103.140. The agreements between the parties concerning the 2024-2025 season

productions of Tosca and Pique Dame, and the 2025-2026 season productions of Manon Lescaut

and Macbeth are binding contracts under New York law.

104.141. The Met breached these contracts by cancelling these agreements and

refusing to pay Netrebko compensation under them.

105.142. As a direct and proximate result of the Met’s breach of these agreements,

Plaintiff Netrebko suffered damages.

38
 Case 1:23-cv-06857-AT Document 9-1 Filed 08/31/23 Page 39 of 40

PRAYER FOR RELIEF

WHEREFORE, Plaintiff Anna Netrebko respectfully requests the following relief from the

Court:

A. On Plaintiff’s First through Fourth Eighth Causes of Action for National Origin

Discrimination, lost fees and wages, punitive damages, attorneys’ fees and costs, and an amount

of damages to be determined at trial for Plaintiff’s severe mental anguish and emotional distress,

including, but not limited to, depression, humiliation, embarrassment, stress and anxiety, and

emotional pain and suffering.

B. On Plaintiff’s Fifth Ninth Cause of Action for Defamation, an award of monetary

damages to be determined at trial for reputational injury, emotional distress, pain and suffering,

and humiliation.

C. On Plaintiff’s Sixth Tenth Cause of Action for Breach of Contract, an award of

monetary damages to be determined at trial, but no less than $360,000 in performance and

rehearsal fees.

D. Such other and further relief as the Court may deem just and appropriate.

39
 Case 1:23-cv-06857-AT Document 9-1 Filed 08/31/23 Page 40 of 40

JURY DEMAND

Plaintiff Anna Netrebko hereby demands a trial by jury on all issues so triable pursuant to

Rule 38 of the Federal Rules of Civil Procedure.

Respectfully submitted,

____/s/ Julie R. Ulmet______________

Julie R. Ulmet
Counsel for Plaintiff Anna Netrebko

THE LAW OFFICES OF JULIE R. ULMET

417 Grand St., #1804
New York, NY 10002
Tel (646) 396-0055
Fax (646) 340-1022
julie@[Link]

DATED: August 314, 2023

40