FOR THE CENTRAL DISTRICf OF CALIFORNIA

Transcription

1 1 GRADSTEIN & MARZANO, P.C. lffinry GRADSTEIN (State Bar No ) 2 hgradstein@gradstein.com 3 MARYANN R. lvlarzano (State Bar No ) mmarzano@gradstein.com 4 ROBERT ALLEN (State Bar No ) 5 rallen@gradstein.com San Vicente Blvd, Suite 510 Los Angeles, California T: F: ~ 8 Attorneys for Plaintiffs 9 DAVID ELLIOT and PAUL LOVETT 10 ~ 00 a.:~g) o -~80 ",0 '-' I";- i'l~ 111 ~ ~ i -~ ~s~ w w~ ~~~F ~~s Cl~ 11 UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICf OF CALIFORNIA DAVID ELLIOT F ALLAS plkla "DAVID ELLIOT," an individual, and PAUL LOVETT, an individual. v. Plaintiffs, PARAMOUNT PIC'ruRES CORPORATION, a Delaware corporation; DI BONAVENTURA PICTURES, INC., a California corporation; HASBRO, INC., a Rhode Island corporation;!v1e1ro GOLDWYN-MA YER STUDIOS INC., a Delaware corporation; and DOES 1 through 100, Defendants. WESTERN DIVISION CaseJ.:.V f5G {ra l COMPLAINT FOR: (1) COPYRIGHT INFRINGEMENT; AND (2) BREACH OF IMPLIED CONTRACT. DEMAND FOR TRIAL BY JURY Plaintiff David Elliot Fallas and Plaintiff Paul Lovett (sometimes collectively referred to as "Plaintiffs") allege as follows: 1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

37

38

39

40

41

42 41

43 42

44 43

45 44

46 45

47 46

48 47

49 48

50 49

51 50

52 51

53 52

54 53

55 54

56 55

57 56

58 57

59 58

60 59

61 60

62 61

63 62

64 63

65 64

66 65

67 66

68 67

69 68

70 69

71 70

72 71

73 72

74 73

75 74

76 75

77 76

78 77

79 78

80 79

81 80

82 81

83 82

84 83

85 84

86 85

87 86

88 87

89 88

90 89

91 90

92 91

93 92

94 93

95 94

96 95

97 96

98 97

99 98

100 99

101 100

102 101

103 102

104 103

105 104

106 105

107 106

108 107

109 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY This case has been assigned to District Judge Philip S. Gutierrez and the assigned discovery Magistrate Judge is Alicia G. Rosenberg. The case number on all documents filed with the Court should read as follows: CV PSG (AGRx) Pursuant to General Order of the United States District Court for the Central District of California, the Magistrate Judge has been designated to hear discovery related motions. All discovery related motions should be noticed on the calendar of the Magistrate Judge NOTICE TO COUNSEL A copy of this notice must be served with the summons and complaint on all defendants (if a removal action is fflad, a copy of this notice must be served on all plaintiffs)'. Sub equent documents must be filed at the following location: Western Division 312 N. Spring St.. Rm. G-8 Los Angeles, CA U Southern Division, 411 West Fourth St., Rm. 1"()53 Santa Ana, CA U Eastem Division 3470 Twelfth St, Rm. 134 Riverside, CA Failure to file at the proper IDeation will result in your documents being returned to you. CV-18 (03/06) NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY

110 Henry Gradstein (# 89747); Robert Allen (# ) Maryann R. Marzano (# 96867) Gradstein & Marzano, P.C San Vicente Blvd., Suite 510 Los Angeles, California Tel. (323) ; Fax (323) UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF.CALIFORNIA David Elliot Fallas plk/a "David Elliot," an individual, CASE NUMBER and Paul Lovett, an individual v. ~(S) CV t =-~~\ Paramount Pictures Corporation, a Delaware corporation; Di Bonaventura Pictures, Inc., a California corporation; (please see attachment) DEFENDANT(S). SUMMONS TO: DEFENDANT(S): A lawsuit has been filed against you. Within 21. days after service of this summons on you (not counting the day you received it), you must serve on the plaintiff an answer to the attached Ii complaint 0 amended complaint o counterclaim 0 cross-claim or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiffs attorney, Henry Gradstein. et a1. whose address is Gradstein& Marzano, P.C San Vicente Blvd, Suite 510, Los Angeles, CA If you fail to do so, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. Clerk, U.S. Dated: MAY 3 20"13 By: ----'~~~ [Use 60 days if the defendant is the United States or a United States agency, or is an officer or employee of the United States. Allowed 60 days by Rule 12(a)(3)]. CV-OIA (10/1 1 SUMMONS

111 ATTACHMENT TO SUMMONS Defendants: Hasbro, Inc., a Rhode Island corporation; Metro~Goldwyn-Mayer Studios Inc., a Delaware corporation; and DOES 1 through 100

112 UNITED' \TES DISTRICT COURT, CENTRAL DISTRICT or ~ UIFORNIA CIVIL COVER SHEET I. (a) PLAINTIFFS ( Check box if you are representing yourself 0 ) DEFENDANTS ( Check box if you are representing yourself 0 ) David Elliot Fallas p/kla "David Elllor, an individual, and Paul Lovett, an Individual (b) Attorneys (Firm Name, Address and Telephone Number. If you are representing yourself, provide same.) Henry Gradstein (1t8974n; Maryann R. Mamtno (1t96867);Robert Allen (#166589) Gradstein& Mamtno, P.e San Vicente Blvd., Suite 51 0, Los Angeles, CA Tel. (323) ; Fax (323) II. BASIS OF JURISDICTION (Place an X In one box only.) o 1. U.S. Government Plaintiff o 2. U.S. Government Defendant IV. ORIGIN (Place an X In one box only.) Federal Question (U.S. Government Not a Party) 04. Diversity (Indicate Citizenship of Parties in Item III) I)(l 1. Original 0 2. Removed from 0 3. Remanded from IaI Proceeding State Court Appellate Court O Paramount Pictures Corp, a Delaware corp; Oi Bonaventura Pictures, Inc., a California corp; Hasbro, Ine v a Rhode Island corp; Metro-Goldwyn-Mayer Studios Inc., a Delaware Corporation; and DOES 1 through 100 (b) Attorneys (Firm Name, Address and Telephone Number. If you are representing yourself, provide same.) III. CITIZENSHIP OF PRINCIPAL PARTIEs-For Diversity Cases Only (Place an X in one box for plaintiff and one for defendant) PTF DEF Incorporated or Principal Place PTF DEF CitIZen of This State of Business in this State Citizen of Another State Otizen or Subject of a Foreign Country 4. Reinstated or Reopened O o Incorporated and Principal Place of Business In Another State o Foreign Nation s. T,an,leIred from Another o. M Ult I- DIstrict (Specify) 0 District Litigation V. REQUESTED IN COMPLAINT: JURY DEMAND: Igj Yes 0 No (Check "Yes" only if demanded in complaint) CLASS ACTION under F.R.Cv.P. 23: MONEY DEMANDED IN COMPLAINT: $ 20,000, VI. CAUSE OF ACTION (Cite the U.s. Civil Statute under which you are filing and write a brief statement of cause. Do not cite jurisdictional statutes unless diversity.) 1. Cop)lright Infringement 2. Breach of Implied Contract VII. NATURE OF SUIT (Place an X in one box only). OTHER STATUTES CONTRACT PRISONER PETITIONS PROPERTY RIGHTS Habeu Corpus: COP)lrights o 463 Alien Detainee o 375 False Claims Act o 11 0 Insurance Torts to Land 400 State o 120Marine Tort Product o 830Patent o Reapportionment Liability o 4650ther o 510 Motions to Vacate Immigration Actions Sentence o B40 Trademark Antitrust 130 Milter Act 290 All Other Real 0 o 530 General o 140 Negotiable Pro e TORTS SOCIAL SECURITY Banks and Banking Instrument S o 535 Death Penalty 861 HIA (1395ff) CammercellCC 150 Recovery of SONAl URY Other Fraud Otber: Rates/Etc. o Overpayment & Airplane 862 Black Lung (923) 540 MandamusfOther Deportation Enforcement of 315 Airplane Truth in lending o 550 Civil Rights o 863 DIWc/DIWW (405 (g)) o 470 Racketeer lnfluenced & Corrupt Org. Judgment 0 Product liability 380 Other Personal o 864 S51D lltle XVI o 151 Medicare Act Assault, Ubel & Prison Condition Property Damage Slander o 560 Civn Detainee o 865 ASI (405 (g) o 480 Consumer Credit 152 Recovery of 330 Fed. Employers' Property Damage Conditions of o o Defaulted Student Product liability C~ble/Sat lv Liablllt)1 Confinement FEDEflAL TAX SUITS loan (Exct. Vet.) BANKRUPTCY F RFEIT ENAL o 870 Taxes (U.s. Plaintiff or 850 Securities/Com- O 340 Marine Appeal Drug Related Defendant) Recovery of maditles!exchange o over~ayment of Marine Product USC 158 o Seizure of Liability Property 21 o o 871 IRS-Third Part)/26 USC 890 Other Statutory Vel enef1ts 423 Withdrawal 28 USC Actions Motor Vehicle USC 157 o 160 Stockholders' CIVIL RIGHTS o 6900ther Agricultural Acts Suits 355 Motor Vehicle 0 Product Liability Other Ovil RIghts Environmental I&l 190 Other 360 Other Personal LABOR Matters Contract 0 Injury Voting o 710 f'air Labor Standards o 895 Freedom of Info. o 195 Contract 362 Personal Injury- o 442 Employment Act Act o 896 Arbitration 365 Personal Injury- o 443 Housing/ Relations Product Uabillty 0 Med Malpratlce o 720 Labor/Mgmt. 196 Franchise 0 Product Liability Accomodations lp 899 Admin. Procedures TY 367 Health Carel 445 American with o Act/Review of Appeal of 210 Land o 740 Railway Labor Act Pharmaceutkal o Disablllties- o 751 Family and Medical Agency Decision Condemnation 0 Personal Injury Employment Leave Act o 220 Foreclosure Product Liability o 446 AmerIcan with o 790 Other Labor o 950 Constitutionality of 368 Asbestos Oisabilities..()ther litigation State Statutes! on " 448 Education o 791 Employee Ret. Inc. Secutlt)lAct AFTER COMPLETING PAGE 1 OF FORM CV-71, COMPLETE THE INFORMATION REQUESTED ON PAGE 2. CV-71 (02/13) CIVIL COVER SHEET Page 1 of2

113 UNITED ~ rates DISTRICT COURT, CENTRAL DI~. AICT OF CALIFORNIA CIVIL COVER SHEET VIII (a). IDENTICAL CASES: Has this action been previously flied in this court and dismissed, remanded or dosed? I8J NO DYES If yes, list case number(s): VIII(b). RELATED CASES: Have any cases been previously filed in this court that are related to the present case? lei NO DYES If yes, list case number(s): Civil cases ant deemed related if a previously filed case and the present case: (Check all boxes that apply) 0 A. Arise from the same or closely related transactions, happenings, or events; or o B. call for determination of the same or substantially related or similar questions of law and fact; or o C. For other reasons would entail substantial dupncation of labor if heard by different judges; or o D. Involve the same patent, trademark or copyrlght..mi!:lone of the factors identified above In a, b or c also Is present. IX. VENUE: (When completing the following Information, use an additional sheet If necessary.) (a) list the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH named plaintiff resides. o Check here If the government, its agencies or employees is a named plaintiff. If this box is checked, go to item (b). County In this District:" Los Angeles County (David Elliot Fallas) california County outside of this Dlstr!ct; State, if other than california; or Foreign IrountfY Oregon (Paul Lovett) (b) List the County In this District; California County outside of this Distria; State if other than California; or Foreign Country, in which EACH named defendant resides. o Check here if the government, its agencies or employees is a named defendant. If this box is checked, go to item (c). County In this Distritt:* ''-Q':::> ~~\~ '-D",~\* canforn!a County outside of this District; State, If other than California; or Foreign CountrY (C) ListtheCoun ty in this District; California Coun ty cutmf this District; State if other than California; or Forel g ncoun try,in which EACH claim arose. NOTE: In land condemnation cases, use the location of the tract of land involved. County In this Disttict:" Los Angeles County "LO$ Angeles, Orange, Siln Bernllrdlno, Riverside, Ventul'll, Santa BarbM., or Note: In land condemnation cases use the location of the tract ofland Involved california County outside of this District; State, If otber than California; or Foreign Con x. SIGNATURE OF ATTORNEY (OR SELF-REPRESENTED lingant): ---c:;~---;i~"c; ,r-"':7'e;: Notke to CounseJJPartl8s: The CV-71 VS44) Ovil CoverSheetand I erreplace nor supplement the filing and service ofple.adlngs or other papers as required by law. This form, approved by the Judlclal onference United S In September 1974, is required pursuant to Local Rule 3-1 Is nol filed but is used by the Clerk of the Court for the purpose of ~iltl5tlc5, venue and Initiating the civil docket sheet. (For more detailed InstructIons, see wparate Instructions sheet). Key to Statistical codes relating to Social Security cases: Nature of Suit Code AbbreviatIon Substantive Statement of Cause of Action 861 HIA AU claims for health insurance benefits (Medicare) under Title 18, Part A, of the Social Security Act, as amended. Also, include daims by hospitals, skilled nursing facilities, etc., for certification as providers of services under the program_ (42 U.S.c. 1935FF(b» 862 Bl 863 DIWC AU claims for "Black lung" benefits under TItle 4, Part 8, of the Federal Coal Mine Health and Safety Act of (30 U.S.c. 923) AU claims filed by insured workers for disability Insurance benefits under TItle 2 of the Sodal Security Act, as amended; plus all dalms filed for child's Insurance benefits based on disability. (42 U.S.c. 405 (9)) 863 DIWW 864 SSID 865 RSI All claims filed for widows or widowers insuranc;e benefits based on disability under Title 2 of the Social Security Act, as amended. (42 U.s.c. 405 (g)) All claims for supplemental security Income payments based upon disability flied under TItle 16 of the Social Security Act, as amended. All claims for retirement (old age) and survivors benefits under Title 2 of the Social Security Act, as amended. (42 U.S.C. 405 (g») CV-71 (02113) CIVIL COVER SHEET Page2of2