0610/.3 g FILED. Gary Haas AKA Gary Van Haas. relic/manuscript written by the Greek hero Odysseus, Plaintiff. Defendant.

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1 1. Case 3:09-cv HEH Document 1 Filed 06/19/2009 Page 1 of 13 FILED UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division Raman K. Singh Plaintiff Civil Action, File Number 0610/.3 g an JUN 19 P: CLERK US DISTRICT COURT VIRCiNIA V. Gary Haas AKA Gary Van Haas AKA Gary Hollywood Defendant. FO _ 1 u I Introduction (1) This controversy has arisen between two authors. Plaintiff Dr. Raman K. Singh (hereinafter "Singh"), is an English Professor retired from Mary Washington University, Fredericksburg, Virginia. Defendant Gary Haas (hereinafter "Haas") lives on the same small Greek island as Singh. This case is an old story consisting of burning professional jealousy, fueled by the glory of seeing one's name in the lime lights of the big screen, in combination with greed. (2) Singh wrote a script called The Sand Relic, registered with The Writers Guild Association on March 3, The Sand Relic, about an archaeologist seeking a relic/manuscript written by the Greek hero Odysseus, was set in the Sahara Desert. The relic was guarded by a hostile tribe. Because no production offer was made for The Sand Relic, Singh rewrote The Sand Relic as The Quest, moving the location from the Sahara Desert to the Indian Desert. Singh also changed the supposed Odysseus manuscript/relic to one written by Jesus, and

2 Case 3:09-cv HEH Document 1 Filed 06/19/2009 Page 2 of 13 guarded by a hostile tribe in India, cashing in on the contemporaneous popularity of Jesus themes. Otherwise, the characters and plot remained the same. (3) Dr. Fred A. Wyler, of BLOCKBUSTER Scripts, LLC (hereinafter "Blockbuster"), also known as AVIV Pictures suggested that Singh change the title of The Quest. Singh obliged and changed the title of The Quest to The Jesus Manuscript. Work on The Quest/The Jesus Manuscript was completed later in March, (4) Haas had written a novel and later a screenplay based on the novel, both titled The Ikon. The Ikon is based on art forgery, where a priceless painting, The Ikon, was to be replaced with a forgery. The novel and screenplay were set on a Greek island. Haas was unable to sell his screenplay The Ikon. Singh made an agreement with Haas, at Haas' request, to rewrite the screenplay version of The Ikon, because Singh had previously been successful in selling a screenplay that was later produced as a motion picture. The rewrite of The Ikon screenplay was completed in March, Next, Haas requested that Singh edit and rewrite his novel The Ikon. Work on the novel The Ikon was completed in April, (5) Nonetheless they were unsuccessful in their attempts to sell either version of the screenplay The Ikon. (6) Singh then sold an option to The Jesus Manuscript to Blockbuster, for $9,200, in September, The total sale price contracted for the screenplay was $92,000, not including rewrites. Discovering that Singh had sold the option to The Jesus Manuscript, Haas, through his attorney, Melvyn Honig, Esq., ' of Los Angeles, California, wrote to the various collaborative producers of the screenplay The Jesus Manuscript, claiming that The Jesus Manuscript infringed 1 Mr. Honig telephoned counsel for Dr. Singh and indicated he had terminated all representation for Haas. 2

3 Case 3:09-cv HEH Document 1 Filed 06/19/2009 Page 3 of 13 his copyright for both the novel and screenplay The Ikon. At this time, Haas had not even read one word of The Jesus Manuscript. (7) Upon receipt of Haas' letter, production of The Jesus Manuscript immediately ceased. (8) Efforts to resolve this dispute through settlement negotiations have failed. Jurisdiction (9) This Court has subject matter jurisdiction over the federal claims pursuant to the Copyright Act (17 U.S.C. 101 et seq.), 28 U.S.C. 1331, and 1338 and the Declaratory Judgment Act (28 U.S.C. 2201). (10) The Court has supplemental jurisdiction of state law claims under 28 U.S.C These claims arise out of the same nucleus of operative facts. (11) The Court has diversity jurisdiction over the state claims because the Plaintiff maintains a residence in the Commonwealth of Virginia, and the Defendant maintains a residence in another state, yet to be determined. The amount in controversy exceeds $75,000. (12) This Court has personal jurisdiction sale within the Eastern District of Virginia. over Haas because his novel "The Ikon" is for (13) Venue in this District is proper pursuant to 28 U.S.C. 1391(b)(2) because a substantial part of the property at issue, the cash advanced to Singh, is located in the Eastern District of Virginia. Venue is also proper pursuant to 28 U.S.C. 1400(a) because Haas is transacting business within this district, as his novel The Ikon is for sale on Amazon.com. 3

4 Case 3:09-cv HEH Document 1 Filed 06/19/2009 Page 4 of 13 Parties (14) Plaintiff, Dr. Raman K. Singh, lives on a Greek island. Singh is a citizen of the United States, and a resident of the Commonwealth of Virginia. (15) Defendant Gary Haas, also known as Gary van Haas, who has also begun calling himself Gary Hollywood, resides on the same Greek island as Singh. The citizenship of Haas is not known; nor is it known if Haas maintains a residence in any particular state of the United States. Factual Allegations (16) Haas wrote the first version of the novel The Ikon. (17) Haas wrote the first version of the screenplay The Ikon. (18) No version of The Ikon, in either the novel or the screenplay, has been optioned for production as a motion picture by any entity. (19) Singh edited and rewrote both the screenplay The Ikon and the novel The Ikon with the cooperation and permission of Haas. (20) A Federal copyright registration has been issued for the rewrite of screenplay The Ikon, in both Haas' and Singh's names, PA (21) Singh wrote the screenplay The Sand Relic with no input from Haas. (22) Singh independently wrote the screenplay The Quest/The Jesus Manuscript with no contribution from Haas. 4

5 Case 3:09-cv HEH Document 1 Filed 06/19/2009 Page 5 of 13 (23) A Federal copyright registration, TXu has been issued to Singh alone for the screenplay The Jesus Manuscript, in (24) Haas, through his attorney, Melvin Honig, Esq., of Los Angeles, California, wrote to Dr. Fred A. Wyler, of Blockbuster (AVIV Pictures), claiming that The Jesus Manuscript plagiarized his novel and screenplay, The Ikon. (25) Haas, through his attorney, wrote to Mr. Andreas Gruenberg of Miramar Entertainment, claiming that The Jesus Manuscript plagiarized his novel and screenplay, The Ikon. (26) Haas, through his attorney, wrote to Alex Dannenberg, Chief Executive Officer of Cinemaker Film GMBH, claiming that The Jesus Manuscript plagiarized his novel and screenplay, The Ikon. (27) Haas, through his attorney, wrote to Mr. Michael Morales of Miramar Entertainment, AG, claiming that The Jesus Manuscript plagiarized his novel and screenplay, The Ikon. (28) Prior to contacting AVIV Pictures, Miramar Entertainment, or Cinemaker Films, Haas had not received a copy of The Jesus Manuscript. (29) Prior to contacting AVIV Pictures, Miramar Entertainment, or Cinemaker Films, Haas had not read The Jesus Manuscript. (30) As a result of Haas' communication with Dr. Fred Wyler, Andreas Gruenberg, Michael Morales, and Alex Dannenberg, production of the motion picture based on The Jesus Manuscript was immediately terminated. (31) Haas sought payment for the production of The Jesus Manuscript, based on 5

6 Case 3:09-cv HEH Document 1 Filed 06/19/2009 Page 6 of 13 infringement of his novel and screenplay titled The Ikon. (32) Haas continues to this date to demand payment from Singh based on his novel and screenplay The Ikon. (33) Haas has demanded to be given credit as co-author for The Jesus Manuscript. (34) Singh has offered to settle for $15,000 with Haas; but Haas has refused to come to terms with Singh. (35) Singh has refused to give credit to Haas as co-author of The Jesus Manuscript. (36) Singh is a citizen of the United States and a resident of the Commonwealth of Virginia. (37) Haas may be a citizen of the United States and a resident of Greece. (38) Haas' novel The Ikon is on sale internationally, through Amazon.com. 6

7 Case 3:09-cv HEH Document 1 Filed 06/19/2009 Page 7 of 13 CLAIMS ENTITLED TO RELIEF COUNT I: DECLARATORY RELIEF OF NON-INFRINGEMENT (39) Singh repeats and incorporates herein by reference the allegations in the preceding paragraphs of this complaint. (40) Singh independently wrote The Jesus Manuscript. Hass contributed nothing to the screenplay, as evidenced by the different plots. The Jesus Manuscript revolves around a female archeologist attempting to prove a theory, that Jesus had visited India before His death. The Ikon is based on art fraud, where a priceless painting is replaced with a forgery, painted by a male artist. The characters are different. Indeed, the settings are even different. The Jesus Manuscript is set in India; but The Ikon is set in Greece. There is not one single sentence in common between the two works. name alone. (41) Singh holds a valid Federal copyright registration to The Jesus Manuscript, in his (42) Singh sold an option to his original screenplay The Jesus Manuscript for production as a motion picture. (43) Through his attorney, Melvyn Honig, Esq., of Los Angeles, California, Haas accused Singh of plagiarism, threatening litigation. (44) Thus, there is a real and actual controversy between Singh and Haas. Singh faces irreparable harm if this controversy is not resolved. Singh will lose $92,000 for the sale of his screenplay, and will have to refund $9,200 paid for the option. Haas has given Singh reasonable apprehension that a lawsuit for infringement will be filed. Further, Singh's negotiation for the option to produce The Jesus Manuscript evidences "meaningful preparation" to undertake potentially infringing conduct. Maryland Casualty Co. v. Pacific Coal & Oil Co., 312 U. S

8 Case 3:09-cv HEH Document 1 Filed 06/19/2009 Page 8 of 13 (1941). Singh has the right to a declaratory judgment, even under the older, more stringent standards of the Court of Appeals for the Federal Circuit. But the Supreme Court has made it easier for this Court to reach jurisdiction to issue a declaratory judgment under Article III of the United States Constitution. Article III jurisdiction is proper where "the facts alleged, under all the circumstances, show that there is a substantial controversy, between parties having adverse legal interests, of sufficient immediacy and reality to warrant the issuance of a declaratory judgment." Medlmmune, Inc. v. Genentech, Inc., 127 S. Ct. 764 (2007). Article III jurisdiction is met here because Haas has backed Singh into the corner to either pursue arguably illegal behavior or abandoning that which he claims a right to do. SanDisk Corp. v. ST Microelectronics, Inc. 480 F.3d 1372 (Fed. Cir. 2007). Haas sought a right to a royalty under his copyright to The Ilcon based on specific, identified activity by Singh. Under the facts alleged in this case, Singh has established an Article III case or controversy that gives rise to declaratory judgmentjurisdiction. Id. COUNT 2: TORTIOUS INTERFERENCE WITH A CONTRACTUAL RELATIONSHIP (45) Singh repeats and incorporates herein by reference the allegations in the preceding paragraphs of this complaint. (46) Intentional interference with business expectations is a tort in Virginia. In Glass v. Glass, 228 Va. 39, 51, 321 S.E2d 69, (1984), the Virginia Supreme Court recognized such a tort. The Court summarized the elements of the cause of action as follows: "(1) the existence of a business relationship or expectancy, with a probability of future economic benefit to plaintiff; (2) defendant's knowledge of the relationship or expectancy; (3) a reasonable certainty that R

9 Case 3:09-cv HEH Document 1 Filed 06/19/2009 Page 9 of 13 absent defendant's intentional misconduct, plaintiff would have continued in the relationship or realized the expectancy; and (4) damage to plaintiff." Id. at (47) Singh had already negotiated a contract with Blockbuster where Singh was paid $9200 for the option to purchase The Jesus Manuscript, when Haas sent the cease and desist letter to Blockbuster, demonstrating (1) the prior existence of a business relationship between Singh and Blockbuster. The purchase price for The Jesus Manuscript was set at $92,000, plus 5% of the net profit of the movie. Additional options for rewrites and writing services on the set were pre-established at $47,044. Therefore, a clear expectation of future economic advantage to Singh is also demonstrated. (48) Hass (2) knew of the contractual relationship between Singh and Blockbuster as evidenced by his poison pen letter to Blockbuster. (49) To date, Blockbuster is continuing to hold Singh's option to make the motion picture, showing a reasonable certainty that (3) absent defendant's intentional misconduct, plaintiff would have continued in the relationship or realized the expectancy. (50) Finally, because production of the motion picture has been interrupted, Singh has been (4) damaged by the loss of at least $92,000, and 5% of the net profits from the motion picture. (51) Therefore, with all four elements of Glass being show, it is fair to conclude that Haas has tortiously interfered with the legitimate business expectations contractually established between Singh and Blockbuster. COUNT 3: LIBEL (52) Singh repeats and incorporates herein by reference the allegations in the preceding paragraphs of this complaint. 9

10 Case 3:09-cv HEH Document 1 Filed 06/19/2009 Page 10 of 13 (53) Haas libeled Singh when he accused him of plagiarism and broadcast the accusation to the various producers. Plagiarism is akin to stealing, a crime of moral turpitude. (54) Haas has a duty to investigate the similarities between The Ikon and The Jesus Manuscript prior to broadcasting an accusation of plagiarism by Singh. (55) In fact, because Singh independently authored The Jesus Manuscript, and has only recently provided Haas with a copy, Haas had not even read The Jesus Manuscript. Therefore, Haas' letter to the various motion picture producers is at least negligent, if not grossly negligent. (56) Haas through his attorney Melvyn Honig, Esq., upon accusing Singh of plagiarism, without any valid justification, was the proximate and actual cause of emotional distress, great humiliation, embarrassment, pain, suffering, anxiety, stress, and damage to Singh's reputation. COUNT 4: MOTION FOR INJUNCTIVE RELIEF (57) Singh repeats and incorporates herein by reference the allegations in the preceding paragraphs of this complaint. (58) Should this Court find Singh has no relief at law, Singh petitions this Court for equitable relief in the form of a permanent injunction restraining Haas from interfering with Singh's contractual relationship with the various motion picture producers identified herein, as well as others yet unidentified. The equities must balance in Singh's favor. Blackwelder Furniture Co. v. Seilig Mfg. Co., 550 F.2d 189, (4th Cir. 1977). (i) Singh's screenplay The Jesus Manuscript will not be made into a motion picture unless Haas is enjoined from alleging infringement. This is evidenced by the termination of production of The Jesus Manuscript as a result of Haas' cease and desist letters, threatening 10

11 Case 3:09-cv HEH Document 1 Filed 06/19/2009 Page 11 of 13 litigation. (ii) (iii) Haas will still be free to option The Ikon if an injunction is issued. Because there is not one sentence in common between The Ikon, in its various versions, and The Jesus Manuscript, it is almost certain that Singh will prevail in an infringement suit. The characters, plot, and settings are all different. Thus, Haas has only a frivolous claim against Singh at the best, and Haas' claim is grossly negligent at worst. (iv) Public policy favors the right of publication by the actual author, per Article I, Section VIII, Paragraph 8 of the United States Constitution, which was drafted to promote the useful arts. RELIEF REQUESTED (A) A declaratory judgment that The Jesus Manuscript, also known as The Quest is not a copyright infringement of The Ikon screenplay or novel; (B) Treble damages for tortious interference with Singh's contractual relationship with Blockbuster in the amount of $276,000; (C) Damages for libel, in the amount of $1,000,000; (D) Injunctive relief restraining Haas and his agents, servants, employees, successors and assigns, and all those in privity with Haas, from bringing lawsuits or threats of lawsuits against Singh for copyright infringement including but not limited to sale, production, publication, distribution, licensing, display, or other use of The Jesus Manuscript, also known as The Quest; (E) (F) Attorney's fees, inter alia, 17 U.S.C. 505 or otherwise as provided by law; For Singh's costs and disbursements; (G) Punitive damages in the amount of $3,000,000.

12 Case 3:09-cv HEH Document 1 Filed 06/19/2009 Page 12 of 13 (H) Such other and further relief as the Court deems just and proper. Plaintiff waives a jury trial. Respectfully Submitted, t Thomas Wallen, P.E., Esq. Thomas J. Wallen, P.E., VSB. No. 66,050 Attorney at Law, L.L.C. tjwallen@thomasjwallen.com P.O. Box 458 Fredericksburg, VA Phone (540) Fax (540)

13 Case 3:09-cv HEH Document 1 Filed 06/19/2009 Page 13 of 13 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA APPEARANCE Case Number To the Clerk of this court and all parties of record: Enter my appearance as counsel in this case for Raman K. Singh v. Gary Haas I certify that I am admitted to practice in this court. June 19, 2009 g----- Thomas. Wallen, RE., Esq. Va. Bar No P.O. Box 458 Fredericksburg, VA Phone (540) Fax (540)

14 " Case 3:09-cv HEH Document 1-2 Filed 06/19/20WIA-14frc?f 1, tals 44 (Rev. 12/07) CIVIL COVER SHEET 5:011\13'giP The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service ofpleadings orother papers as rnuired by law, except as proyided by local rules of court. This form, approved by the Judicial Conference ofthe United States in September 1974, is required for the use ofthe Clerk ofcourt for the putpose of Matting the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.) I. (a) PLAINTIFFS DEFENDANTS Raman K. Singh Gary Haas aka Gary Van Haas aka Gary Hollywood (b) County of Residence of First Listed Plaintiff CiV of Frederickburq County of Residence of First Listed Defendant (EXCEPT IN U.S. PLAINTIFF CASES) (C) Attorney's (Firm Name, Address, and Telephone Number) Attorneys (If Known) (IN U.S. P NOTE: IN LAND CONDEMN CABS, LAND (.6$E INVOLVED. TIE fitne. Thomas J. Wallen, P.E., Attorney at Law, L.LC., P.O. Box 458, Unknown JIM I 9 mos II. BASIS OF JURISDICTION (Place an "X" in One Box Only) III. CITIZENSHIP OF PRINCIPtLVÁRTIESibaSnitirninatop_RIT PI 1 RICH hilethecampr Defendant) (For Diversity Cases Only) ci I U.S. Government NI 3 Federal Question PTF DEF Plaintiff (U.S. Government Not a Party) Citizen ofthis State I Incorporated or Principal Place 0 4 CI 4 of Business In This State CI 2 U.S. Govenunent CI 4 Diversity Citizen ofanother State CI 2 CI 2 Defendant Incorporated and Principal Place CI 5 CI 5 (Indicate Citizenship of Parties in Item HI) of Business In Another State Citizen or Subject ofa CI Foreign Nation CI 6 CI Insurance Marine CI 130 Miller Act Negotiable Instillment Recovery of Overpayment & Enforcement ofludgntent CI 151 Medicare Act Recovery ofdefaulted Student Loans (Excl. Veterans) CI 153 Recovery of Overpayment of Veteran's Benefits CI 160 Stockholders' Suits CI 190 Other Contract Contract Product Liability CI 196 Franchise I REAL PROPERTY Land Condemnation C) 220 Foreclosure CI 230 Rent Lease & Ejectment Tons to Land CI 245 Tort Product Liability All Other Real Property PERSONAL INJURY PERSONAL INJURY CI 310 Airplane Cl 362 Personal - Injury Cl 3 l5 Airplane Product Med. Malpractice Liability CI 365 Personal - Injury Assault, Libel & Product Liability Slander CI 368 Asbestos Personal Federal Employers' Injury Product Liability Liability CI 340 Marine PERSONAL PROPERTY C1 345 Marine Product CI 370 Other Fraud Liability CI 371 Truth in Lending Motor Vehicle Other Personal CI 355 Motor Vehicle Property Damage Liability CI 385 Property Damage CI 360 Other Personal Product Liability iljuly CIVIL RIGHTS PRISONER PETITIONS CI 441 Voting CI 510 Motions to Vacate Employment Sentence CI 443 Housing/ Habeas Corpus: Accommodations CI 530 General CI 444 Welfare CI 535 Death Penalty CI 445 Amer. w/disabilities Mandamus & Other Employment CI 550 Civil Rights CI Amer. w/disabilities CI 555 Prison Condition Other CI 440 Other Civil Rights CI 610 Agriculture Other Food & Dnig Drug Related Seizure of Ploperty 21 USC Liquor Laws /LR. & Truck Airline Regs. CI 660 Occupational Safety/Health Other LABOR Fair Labor Standards Act CI 720 Labor/Mgra Relations Labor/Mgmt.Reporting & Disclosure Act CI 740 Railway Labor Act C/ 790 Other Labor Litigation Empl. Ret. Inc. Security Act UHMIGRATION CI 462 Naturalization Application Habeas Corpus - Alien Detainee Other Immigration Actions Cl 422 Appeal 28 USC 158 CI 423 Withdrawal 28 USC 157 PROPERTY RIGHTS $1 820 Copyrights Cl 830 Patent CI 840 Trademark SOCIAL SECURITY CI 861 HIA (1395f1) Black Lung (923) DIWC/D1WW (405(g)) CI 864 SSID Title XVI CI 865 RSI (405(g)) FEDERAL TAX SUITS Taxes (U.S. Plaintiff or Defendant) CI 871 IRS Third Party 26 USC State Reapportiomnent CI 410 Antitrust CI 430 Banks and Banking CI 450 Commerce CI 460 Deportation CI 470 Racketeer Influenced and Corrupt Organizations Cl 480 ConstunerCredit CI 490 Cableraat TV CI 810 Selective Service CI 850 Securities/Commodities/ Exchange CI 875 Customer Challenge 12 USC 3410 CI 890 Other Statutory Actions Agricultural Acts CI 892 Economic Stabilization Act CI 893 Environmental Mauers EnergyAllocation Act CI 895 Freedom ofinformation Act 0 900Appeal of Fee Determination Under Equal Access to Justice Constitutionality of State Statutes V. ORIGIN (Place an 'X" in One Box Only) Transferred from Appeal to District 1St 1 Original GI 2 Removed from 0 3 Remanded from 0 4 Reinstated or Multidistrict 0 7 'Wage from ' Proceeding State Court Appellate Court Reopened another district Litigation Magistrate (specify) Judgment C'wlij isititespdarich you are filing (Do not cite jurisdictional statutes unless diversity): W. CAUSE OF ACTION Briefdescription ofcause: Declaratory Judgment ot Non-Infringement VII. REQUESTED IN 0 CHECK IF THIS IS A CLASS ACTION DEMAND S CHECK YES only ifdemanded in complaint: COMPLAINT: UNDER F.R.C.P. 23 JURY DEMAND: Cl Yes gi No VIII. RELATED CASE(S) (See instructions): IF ANY JUDGE Hudson DOCKET NUMBER 3:09-cv DATE SI 06/19/2009 AATK\ RErOF AINOrr OF RECORD (---, N...Ek I-) i RECEIPT N AMOUNT APPLYING IFP JUDGE MAG. JUDGE

15 Case 3:09-cv HEH Document 1-3 Filed 06/19/2009 Page 1 of 1 Cobrt Name: UNITED STATES DISTRICT COURT Division: 3 Receipt Number: Cashier ID: lbreeden Transaction Date: 06/19/2009 PayeTllane:THOIIASS UALLEH PE CIVIL FILING FEE For: THONAS S HALM PE Apount: I. CHECK Check/Honey Order Num: 121 Apt Tendered: $ Total Due: $ Total Tendeied: $ Change Amt: $0.00 O3:097CV

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