Case 2:13-cv-02321-DMG-MRW Document 1 Filed 04/01/13 Page 1 of 18 Page ID #:16

1 HeeDong Chae Bar No. 263237

Chong Roh Bar No. 242437
2 East West Law Group .
3600 Wilshire Blvd. Suite 2228
3 Los Angeles, CA 90010
Telephone: (213)387-3600
4 Facsllnile: (213) 387-3636
5 Attorneys for Plaintiff
VOOM GROUP, INC.
6
7
8
9
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION
10
11 VOOM GROUP, INC. a California
corporation,
12
13
vs.
Plaintiff,
.14 Incremento, Inc. dba Peaches and Cream,
a California corporation; Textile One, Inc.,
15 a California corporation; Your Runway, a
California business form Unknown; Patzzi,
16 Inc. dba Codigo, a California corporation;
BIEN a California business form
17 unlmown; Gilli, Inc., a California
corporation; Hebron Textile Com., a .
18 California corporation and DOES 1
through 10, inclusive,
19
Defendants.
20 ----------------------------
(YlC)-
casYNo. [ vJ I
COMPLAINT FOR COPYRIGHT J
INFRINGEMENT
CONTRIBUTORY AND
VICARIOUS COPYRIGHT
INFRINGEMENT, AND UNFAIR
coMPETITION
DEMAN;D FOR JURY TRIAL
21 Plaintiff, Voom Group, Inc., ("Voom") alleges follows:
22 JURISDICTION AND VENUE
23 1. This is a civil action seeldng damages and injunctive relief for copyright
24 infringement under the copyright laws of the United States (17 U.S.C. 101, et
25 seq.).
26 2. This Court has jurisdiction over the subject matter of this action
27 pursuant to 28 U.S.C. 1331 and 1338(a).
28 3. This Court has personal jurisdiction over all the Defendants by virtUe of
Case 2:13-cv-02321-DMG-MRW Document 1 Filed 04/01/13 Page 2 of 18 Page ID #:17
1 their transacting, doing, and soliciting business in this District, and because a
2 substantial part of the relevant events occurred in this District and because a
3 substa:n,tial part of the property that is the subject of this action is situated here.
4 PARTIES
5 4. Plaintiff, Voom Group, Inc. ("Voom"), is a corporation organized and
6 existing under the laws of State of California, with its principal place of business at
7 in the County of Los Angeles.
8 5. Plaintiff is informed and believes, and thereon alleges, that defendant,
9 Incremento, Inc. dba Peaches and Cream ("PNC") is a California corporation, with
10 principal place of business at 1015 S. Crocker St., Unit R3, Los Angeles, California
11 90021.
12 6. Plaintiff is informed and believes, and thereon alleges, that defendant
13 Textile One, Inc. ("Textile One") is a California corporation, with principal place of
14 business at 1383 E. 15th St., Los Angeles, California 90021.
15 7. Plaintiff is and believes, and thereon alleges, that defendant
16 Your Runway is a California business, legal form unknown, with place of business at
17 17351 Railroad St. #D, City of Industry, California 91748.
18 8. Plaintiff is informed and believes, and thereon alleges, that defendant
19 Patzzi, Inc. dba Codigo, is a California corporation, with principal place of business
20 at 1100 S. San Pedro St. Unit C-8, Los Angeles, California 90015.
21 9. Plaintiff is informed and believes, and thereon alleges, that defendant
22 EIEN Apparel ("EIEN") is a California business, legal form unknown, with place of
23 business at 735 E. 12th St., Suite 113, Los Angeles, California 90021.
24 10. Plaintiff is informed and believes, and thereon alleges, that defendant
25 Gilli, Inc. ("Gilli") is a California corporation, with place of business at 3 81 0 S.
26 Main St., Los Angeles, California 90037.
27 11. Plaintiff is informed and believes, and thereon alleges, that defendant
28 Hebron Textile Corp. ("Hebron") is a California corporation, with place of business
2
Case 2:13-cv-02321-DMG-MRW Document 1 Filed 04/01/13 Page 3 of 18 Page ID #:18
1 at 1139 E. Pico Blvd., Los Angeles, California 90021.
2 12. Plaintiff is unaware of the true names and capacities, whether
3 individual, corporate, or otherwise, of the Defendants named herein as Does 1
4 through 10, inclusive, but is informed and believes, and thereon alleges, that each of
5 the fictitiously named defendants engaged in, or is in some manner responsible for,
6 the wrongful conduct alleged herein. Plaintiff therefore sues these defendants by
7 such fictitious names and will amend this complaint to state their true names and
8 capacities when such names have been discovered.
9
10 FACTS COMMON TO ALL CLAIMS
11 13. This is an action fot copyright infringement, as well as contributory and
12 vicarious copyright infringement, and related state law claims arising from the
13 conduct of Defendants.
14 14. Voom is a leading designer of women's fashions. Voom's designs are
15 created in.:.house and its designs are produced on its original clothing.
16 15. Voom launched its first line in 2002. Since that time, Voom designs
17 have been featured in national magazines being worn by celebrity talents such as
18 Jessica Alba, Eva Longoria, Paris Hilton, Nicky Hilton, Miley Cyrus, Eve, Emmy
19 Rossum, Shannon Elizabeth and Jennifer Love Hewitt.
20 16. Voom is the owner of numerous copyright registrations filed with the
21 U.S. Copyright Office for its unique and original print and fabric designs (the "Voom
22 designs"). V oom Products bearing the V oom Designs have become widely
23 recognized for their distinctive and original style, and for their high quality of
24 manufacture.
25 17. As a result of the quality and reputation of the Voom Products and the
26 desirability and recognition of the Voom Designs, Voom has achieved an
27 outstanding reputation in the marketplace and among_ consumers. The Voom
28 Products and the Voom Designs have come to symbolize the reputation and goodwill
3
Case 2:13-cv-02321-DMG-MRW Document 1 Filed 04/01/13 Page 4 of 18 Page ID #:19
1 ofVoom.
2 18. In2011, Voom createdthe Voom design, "DA;RLA0112," a sample of
3 which is attached hereto as Exhibit "A." Voom applied for and received a United
4 States copyright registration VA 1-809-710 for "DARLAO 112" A true and correct
5 copy of the registration certificate is attached hereto as Exhibit "B" and incorporated
6 herein by refere4ce.
7 19. On information and belief, defendants, and each of them, purchased,
8 sold, manufactured, caused to be manufactured, imported, and! or distributed fabric
9 and/or garments comprised of fabric featuring a design that is at the very least,
10 substantially similar to Voom 's "DARLAO 112" copyright.
11 20. The substantial similarity between the Voom's "DARLA0112"
12 copyright and those of the fabric and/or garments of Defendant, and each of them, is
13 too striking to be the result of anything other than lawful copying.
14 21. Without authorization or license from Voom, Defendants, and each of
15 them, have coped and reproduced for sale or offer for sale, and are marketing,
16 promoting, displaying and distributing fabric and/or garments.
17 22. On information and belief, the conduct of defendants, and each of them,
18 has been willful, with knowledge ofVoom's rights and/or in reckless disregard of
19 them, and Defendants, and each of them are unlawfully profiting from the
20 unauthorized reproduction of the copyrighted Voom designs.
21 . FIRSTCLAIMFORRELIEF
22 (Copyright Infringement, 17 U.S.C. 501, et seq.)
23 23. V oom incorporates herein by e f ~ r e n c e all the allegations of paragraphs
24 1 through 22, inclusive.
. .
25 24. Voom is the owner of the Voom Designs and the copyrights embodied
26 therein.
27 25. Defendants, and each of them, are not authorized by Voom to
28 reproduce, display, offer for sale or sell copies ofthe VoomDesigns.
4
Case 2:13-cv-02321-DMG-MRW Document 1 Filed 04/01/13 Page 5 of 18 Page ID #:20
I 26. Voom has developed a reputation and goodwill in the unique
2 and original appearance of the Voom Designs and the Voom Products.
3 2 7. As a result of Defendants', and each of their willful and infringing
4 conduct, Voom has suffered damages in an amount not yet lmown but to be proven at
5 a trial of this action.
6 28. Voom will continue to be damaged by Defendants', and each of their
7 unauthorized conduct unless they are enjoined by this Court from any further
8 manufacture, display, promotion, distribution, offer for sale.or sale of the Infringing
9 Products.
1 0 29. V oom is informed and believes, and on that basis alleges, that
11 Defendants, and each of them, have realized profit by virtue of their infringement of
12 Voom's copyrights.
13 30. Voom has sustained economic damage as a result ofDefenclants', and
14 each oftheir, infringement ofVoom's copyrights in an amount to be proven at trial.
15 31. V oom is entitled to recover the actual damages it has suffered and/ or
16 any profits gained by Defendants, and each of them, that are attributable to their acts
17 of copyright infringement pursuant to 17 U.S.C. 504(b ). Alternatively, Voom is
18 entitled to the maximum statutory damages allowed under 17 U.S.C. 504(c) based
19 on Defendants', and each of their, willful acts of copyright ip.fringement. Voom will
20 make its election at the appropriate time before final judgment is rendered.
21 32. Voom is also entitled to recover its full costs and reasonable attorneys'
22 fees pursuant to 17 U.S.C. 505.
23 33. Voom is also entitled to an injunction pursuant to 17 U.S.C. 502
24 against co1_1tinuing reproduction, distribution, and/or display ofVoom's copyrighted
25 works by Defendants, and each
26 SECOND CLAIM: FOR RELIEF
27 (Contributory Copyright Infringement)
28 34. Voom incorporates herein by reference all the allegations of paragraphs
5
Case 2:13-cv-02321-DMG-MRW Document 1 Filed 04/01/13 Page 6 of 18 Page ID #:21
1 1 through 33, inclusive.
2 35. At all times relevant herein, Defendants, and each of them, induced,
3 encouraged, assisted, facilitated and profited from the illegal reproduction and/ or
4 subsequent sales of product featuring V oom' s designs as alleged herein. -
5 36. Through their conduct as set forth herein, Defendants have engaged and
6 continued to engage in the business oflmowingly inducing, causing, and materially
7 contributing to the unauthorized reproductions and/or distributions
8 of the Voom's copyrighted material, thus contributing to the infringement ofVoom's
9 copyrights and exclusive rights under the Copyright Act.
10 3 7. The forgoing acts by Defendants have been willful, intentional, and
11 purposeful, in disregard of and indifference to the rights ofVoom.
12 38. Defendants' conduct, as set forth herein, constitutes contributory
13 infringement ofVoom's copyrights and exclusive rights under. the Copyright Act in
14 violation of 17 U.S.C. 106, 115, and 501.
15 3 9. As a direct and proximate result of the contributory infringements by
16 Defendants ofVoom's copyrights and exclusive rights under the Copyright Act,
17 Voom is entitled to damages and Defendants' profits pursuant to 17 U.S.C. 504(b)
18 for each infringement. Alternatively, Voom is entitled to the maximum statutory
19 damages pursuant to 17 U.S.C. 504( c) based on Defendants willful acts of
20 copyright infringement. Voom will make its election at the appropriate time before
21 final judgment is rendered.
22 40. Voom is also entitled to recover its full costs and reasonable attorneys'
23 fees pursuant to 17 U.S.C. 5os.
24 41. Voom is also entitled to an injunction pursuant to 17 U.S. C. 502
25 against continuing reproduction, distribution, and/or display ofVoom's copyrighted
26 works by Defendants.
27 THIRD CLAIM: FOR RELIEF
28 (Vicarious Copyright Infringement)
6
Case 2:13-cv-02321-DMG-MRW Document 1 Filed 04/01/13 Page 7 of 18 Page ID #:22
1 42. Voom incorporates herein by reference all the allegations of paragraphs
2 1 through 41, inclusive.
3 43. At all times relevant herein, Defendants exercised control over the
4 fabric and/or garments which directly infringed upon Voom's copyrighted works, and
5 Defendants derived fmancial benefit from such fabric and/or garments.
6 44. The foregoing acts of infringement by Defendants have been willful,
7 intentional, and purposeful, in disregard of and indifference to the rights of V oom.
8 45. Defendants' conduct, as set forth herein, constitutes
9 infringement of Voom's copyrights and exclusive rights under the Copyright Act in
10 violation of 17 U.S.C. 106, 115, and 501.
11 46. As a direct and proximate result of the vicarious infringements by
12 Defendants ofVoom's copyrights exclusive rights under the Copyright Act,
13 Voom is entitled to damages and Defendants' profits pursuant to 17 U.S. C. 504(b)
14 for each infringement. Alternatively,. Voom is entitled to the maximum statutory
15 damages pursuant to 17 U.S.C. 504( c) based on Defendants' willful acts of
16 copyright infringement. V oom will make its election at the appropriate time before
17 final judgment is rendered.
18 4 7. Voom is also entitled to recover its full costs and reasonable attorneys'
19 fees. pursuant.to 17 U.S.C. 505.
20 48. Voom is also entitled to an injunction pursuant to 17 U.S. C. 502
21 against continuing reproduction, distribution, and/or display ofVoom's copyrighted
22 works by Defendants.
23 FOURTH CLAIM FOR RELIEF
24 (State Unfair Competition)
25 49. Voom incorporates herein by reference all the allegations of paragraphs
26 1 through 48, inclusive.
27 50. Defendants business practices as alleged herein constitute unfair
28 competition and unfair business practices and acts in violation of California Business
7
Case 2:13-cv-02321-DMG-MRW Document 1 Filed 04/01/13 Page 8 of 18 Page ID #:23
1 & Professions Code 17200, et seq.
2 51. Pursuant to California Business & Professions Code 17203, Voom is
3 entitled to enjoin these practices. Without injunctive relief, Voom has no means by
4 which to control Defendants' unlawful copying and distribution ofVoom's
5 copyrighted works. V oom is therefore entitled to injunctive relief prohibiting
6 Defendants from continuing such acts of unfair competition.
7 52. Defendants' practices as alleged herein also constitute unfair
8 c.ompetition and unfair business practices under state common law. As a direct and
9 prpximate result of Defendants' infringing conduct, Voom has suffered and will
10 continue to suffer lost sales and profits in an a1,11ount not yet fully ascertained in an
11 amount to be proven at trial.
12 PRAYERFORRELIEF
13 WHEREFORE, in consideration of the foregoing, Voom prays for judgment as
14 follows:
15 1. A declaration that Defendants' unauthorized conduct violates Voom's
16 rights under common law and the Copyright Act;
17 2. Immediately and permanently enjoining Defendants, tlwir officers,
18 directors, agents, servants, employees, representatives, attorneys, related companies,
19 successors, assigns, and all others in active concert or participation with them from
20 copying a:nd reproducing or republishing any ofVoom's copyrighted works without
21 consent, and from otherwise infringing Voom's copyrights or other rights in any
22 manner;
23 3. An order for Defendants to account to Voom for all gains, profits, and
24 advantages derived by Defendants by their infringements ofVoom's copyrights or
25 such damages as are proper, and since Defendants intentionally infringed plaintiffs'
26 copyrights, and for award of the maximum allowable statutory damages in the
27 amount of$150,000.00 for each violation;
28 4. Award to Voom of actual and/or statutory damages for Defendants'
.8
Case 2:13-cv-02321-DMG-MRW Document 1 Filed 04/01/13 Page 9 of 18 Page ID #:24
1 copyright infringement in an amount to be determined at trial;
2 5.
Award to Voom its costs, reasonable attorneys' fees, and disbursements
3 in this action, pursuant to 17 U.S.C. 505; and
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
6.
Awarding Voom such other and further relief as is just and proper.
JURY DEMAND
Plaintiff hereby demands a trial by jury on all issues so triable.
Dated: March 27, 2013
East West Law Group
B y : ~
HeeDong Chae
ChongR:oh
Attorneys for PlaintiffVOOM, INC.
9
Case 2:13-cv-02321-DMG-MRW Document 1 Filed 04/01/13 Page 10 of 18 Page ID #:25
EXHIBIT A
Case 2:13-cv-02321-DMG-MRW Document 1 Filed 04/01/13 Page 11 of 18 Page ID #:26
Certificate of Registration
This Certificate issued ltl!der the seal of fhe Copyright
Office hi accordaqce Wi.th title q, Unitccf States Cotfe,
attests tbat.registratlqn i1as been for the work
identified be1ow. Tlw lrtforll)atiort on ceitiJicate has
been made a part ohhe Copyright Office records.
Register of Copyrights, lJiiited States vf Atnet\ta
N11rnber
VA
llf

January 19,2012
Title --........
Title ofWork: DARLAOI12
Completion/Publication -------------......... -----
of 9ompJetion: 201 t"
. Date of 1st Publicati9n: August 22, 20 II Nation of lst Publication: Unitec!
Author
Author: VOOM GROUP, INC.
Author Created: 2-D artwork
Work made for hire: Yes
of: Uri.ited iJoilrldled in: Unjted State$
Copyright
Copyright Claimant: VOOM GROUP, INc.
ll dE. 9th St.; Ste, Bi 413, !.tO$ ANQEi,ES, 9A 9oQ79, !Jnited
Rights and Permis$iQn$
OrganiZation Name: VOOM GROUP, INC.
Certification
Nap:te: lANE Y1M
Email: sale?S@voomhyj<>yhan.c.6m
i 1 0 E. 9TB STREET, STE. B. i.iJ 3
kQS CA 90079
Name.: SEO'NO ROK KIM
Date: 2QJI
te.le.phPne: 213-627-8$33
Case 2:13-cv-02321-DMG-MRW Document 1 Filed 04/01/13 Page 12 of 18 Page ID #:27
EXHIBITB
Case 2:13-cv-02321-DMG-MRW Document 1 Filed 04/01/13 Page 13 of 18 Page ID #:28
Case 2:13-cv-02321-DMG-MRW Document 1 Filed 04/01/13 Page 14 of 18 Page ID #:29
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 Dolly Gee and the assigned discovery
Magistrate Judge is Michael Wilner.
The case number on all documents filed with the Court should read as follows:
CV13- 2321 DMG (MRWx)
Pursuant to General Order 05-07 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
filed, a copy of this notice must be served on all plaintiffs).
Su sequent documents must be filed at the following location:
Western Division
312 N. Spring St., Rm. G-8
Los Angeles, CA 90012
U Southern Division
411 West Fourth St., Rm. 1-053
Santa Ana, CA 92701-4516
Failure to file at the proper location will result in your documents being returned to you.
U Eastern Division
3470 Twelfth St., Rm. 134
Riverside, CA 92501
CV-18 (03/06) NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY
Case 2:13-cv-02321-DMG-MRW Document 1 Filed 04/01/13 Page 15 of 18 Page ID #:30
HeeDong Chae Bar No. 263237
Chong Roh Bar No .. 242437
East West Law Group
3600 Wilshire Blvd. Suite 2228
Los Angeles, CA 90010
Telephone: (213) 387-3600
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
VOOM GROUP, INC., a California corporation
CASE NUMBER
v. PLArNTIFF(S) ............. (;Jy_\
Incremento, Inc. dba Peaches and Cream, a California -}
corporation;
[SEE ATTACHED]
SUMMONS
DEFENDANT(S).
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 M complaint D amended complaint
D counterclaim D 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, HeeDong Chae, Esq. , whose address is
EastWest Law Group, 3600 Wilshire Blvd. Suite 2228, Los Angeles, CA90010 . Ifyou 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. District Cou
Dated: APR ...
1
[Use 60 days if the defondant 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-OlA (10/11 SUMMONS
Case 2:13-cv-02321-DMG-MRW Document 1 Filed 04/01/13 Page 16 of 18 Page ID #:31
ATIACHMENT
Textile One, Inc., a California co!J)oration; Your Runway, a California business
form unknown; Patzzi, Inc. dba Cod!go, a California corporation; BIEN AQparel, a
California business form unknown; Gilli, Inc., a Califorma corporation; Heoron
Textile Corp., a California corporation and DOES 1 through fD, inclusive,
Case 2:13-cv-02321-DMG-MRW Document 1 Filed 04/01/13 Page 17 of 18 Page ID #:32
UNITED STATJ:S DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
CIVIL COVER SHEET .
I. (a} PLAINTIFFS (Check box If you are representing yourself D } DEFENDANTS (Check box if you are representing yourself 0 )
Voom Group, Inc.
(b) Attorneys (Firm Name, Address and Telephone Number. If you
are representing yourself, provide same.)
Chong Roh
East West law Group
3600 Wilshire Blvd., Suite 2228, los Angeles,CA 90010
213.387.3600
II . BASIS OF JURISDICTION (Place an X in one box only.)
Incremento, Inc. db a Peaches and Cream; Textile One, Inc.; Patzzl,lnc. dba Codlgo;
Gllli, Inc.; Hebron Textile,lnc.; EIEN Apparel; Your Runway
(b) Attorneys (Firm Name, Address and Telephone Number. If you
are representing provide same.)
III. CITIZENSHIP OF PRINCIPAL PARTIES-For Cases Only
(Place an X In one box for plaintiff and one for defendant)
0 1. u.s, Government
Plaintiff
18] 3. Federal Question (U.s.
PTF PEF Incorporated or Principal Place PTF
Citizen ofThls State 0 1 D 1 of Business In this State ffil 4
DEF
181 4
D 2. U.S. Government
Defendant
Government Not a Party)
0 4. Diversity (Indicate Citizenship
of Parties In Item Ill)
IV. ORIGIN (Place an X in one box only.)
[gl 1. original D 2. Removed from O 3, Remanded from
Proceeding State Court Appellate.Court
Citizen of Another State
Citizen or Subject of a
Foreign Country
D
cJ 4, Reinstated or
Reopened
02 02 Incorporated and Principal Place
of Business In Another State
03 03 Foreign Nation
5. 1ransrerreo nom Anotner !>,MUlti
District (Specify) O District
litigation
V. REQUESTED IN COMPLAINT: JURY DEMAND: 18] Yes 0 No (Check
11
Yes" only if demanded in complaint.)
CLASS ACTION under F.R.Cv.P. 23: 0 Yes 18) No 0 MONEY DEMANDED IN COMPLAINT:$
D
5
D
D
6
D
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.)
17 USC Section 101. Defendants have Infringed Plaintiff's United States copyright
VII. NATURE OF SUIT (Place an X In one box only).
OTHER STATUTES CONTRACT REAL PROPERTY CONT IMMIGRATION PRISONER PETITIONS PROPERTY RIGHTS
0 375 False Claims Act 0 11 o Insurance
0. 240Tortsto Land
D
462 Naturalization Habeas Corpus:
181 820 Copyrights
p
245 Tort Product
Application 0 463 Allen Detainee
D 400 State
0 120Marlne
Liability
465 Other 0 510 Motions to Vacate
0 830Patent
Reapportionment
D Immigration Actions
0 130 Miller Act 290 All Other Real
Sentence
D 840 Trademark
0 410 Antitrust
0
0 530 General
O 140 Negotiable
SOCIAL SECURITY
D 430 Banks and Banking
Instrument
0 535 Death Penalty
0 861 HIA (1395fi}
0 450 Commerce/ICC
150 Recovery of
Other:
D 862 Black Lung (923}
Rates/Etc.
0 540 Mandamus/Other 0 Overpayment &
0 460 Deportation Enforcement of
315 Airplane
D
371 Truth In Lending
0 550 Civil Rights
D 863 DIWC/DIWW (405 (g))
Judgment
0
0 470 Racketeer lnflu-
Product Liability
D
380 Other Personal
0 555 Prison Condition
0 864SSIDTitleXVI
enced & Corrupt Org. 0 151 Medicare Act
0
320 Assault, Libel & Property Damage
Slander
i:J 385 Property Damage
560 Civil Detainee 0 865 RSI (405 (9)}
0 480 Consumer Credit
152 Recovery of
330 Fed. Employers'
0 Conditions of
0 490 Cable/Sat TV
0 Defaulted Student 0
Liability
Product Liability
Confinement FEDERAL TAX SUITS
Loan (Ex d. Vet) BANKRUPTCY FORFEI U E ENALTY D 870 Taxes (U.s. Plaintiff or
0 850 Securities/Com
D
340Marlne
D
422Appeal28
625 Drug Related
Defendant)
153 Recovery of
modltles/Exchange .
0 Overpayment of
0
345 Marine Product usc 158
0 Seizure of Property 21 D 871IRSThlrd Party26 USC
D 890 Other Statutory Vet. Benefits
Liability
0
423 Wlthdrawai2B
USC881 7609
Actions
D
350 Motor Vehicle
USC1?7
D 160 Stockholders'
0 891 Agricultural Acts Suits
355 Motor Vehicle
CIVIL RIGHTS
0 6900ther
D
Product Liability
0 440 Other Civil Rights
0 893 Environmental
0 190Dther
360 Other Personal
LABOR
Matters
D
Injury
0 441 Voting
0 710 Fair Labor Standards
0 895 Freedomoflnfo.
O 195 Contract 362 Personal Injury- D 442 Employment
Act
Act
Product Liability
0
Med Malpratlce D 720 Labor/Mgmt.
0 896 Arbitration 365 Personal Injury-
O 443 Housing/
Relations
196 Franchise
D
Product Liability
Accomodations
D 740 Railway labor Act
REAL PROPERTY
899 Admin. Procedures
210 Land
367 Health Care/
445 American with
[j 751 Family and Medical
0 Act/Review of Appeal of
0 Condemnation
O Pharmaceutical
0 Disabilities-
leave Act
Agency Decision Personal Injury
Employment
0 220 Foreclosure
Product Liability O 446 American with
O 790 Other Labor
0 950 Constitutionality of 368 Asbestos
Disabilities-Other
Litigation
State Statutes
D 230Re
1\ rs Injury
O 791 Employee Ret Inc,
Security Act
AFTER COMPLETING PAGE 1 OFFPRM CV-71, COMPLETE THE INFORMATION REQUESTED ON PAGE2.
CV-71 (02/13) CNIL COVER SHEET Page 1 of2
5
6
1--
Case 2:13-cv-02321-DMG-MRW Document 1 Filed 04/01/13 Page 18 of 18 Page ID #:33
UNITED STATES DISTRICT COURT, DISTRICT OF CALIFORNIA
CIVIL COVER SHEET
VIJI(a). IDENTICAL CASES: Has this action been previously filed In this court and dismissed, remanded or dosed7 Jg] NO
lfyes,listcase number(s):
VIII (b). RELATED CASES: Have any cases been previously filed ln this court that are related to the present case 7 Jgj NO
If yes, Jist case number(s):
Civil cases are deemed related ifa previously filed case and the present case:
(Check all boxes that apply) O A. Arise from the same or closely related transactions, happenings, or events; or
0 B. Call for determination of the same or substantially related or similar questions of law and fact; or
0 C. For other reasons would entail substantial duplication of labor If heard by different judges; or
0 D. Involve the same patent, trademark or copyright and one of the factors Identified above In a, b or c also is present
D .YES
0 YES
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,
0 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:*
California County outside of this District; State, If other than California; or Foreign
Countrv .
Los Angeles
(b) List the County In this District; California County outside of this District; State If other than California; or Foreign Country, In which EACH narned
defendant resides.
0 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 District:*
los Angeles
California County outside ofthls District; State, If other than California; or Foreign
Countrv
(c) List the County in this District; California County outside ofthls District; State If other than California; or Foreign Country, In whlch EACH claim arose,
NOTE: In land condemnation cases, use the location of the tract of land involved.
County in this District:*
California County outside of this District; State, If other than California; or Foreign
Countrv
Los Angeles
"
Los Angeles, Orange, San Bernardino, Riverside, Ventura, Santa Barbara, or San Lu1s Obispo Count1es
Note: In land condemnation cases use the location of the tract of land involved
X. SIGNATURE OF ATTORNEY (OR SELFREPRESENTED LITIGANT): DATE: 2..,0,_,_1,_3-----
Notice to Counsel/Parties: The CV71 (JS-44) Civil Cover Sheet and the Information con a ned herein neither replace nor supplement the filing and service of pleadings or
other papers as required by law, This form, approved by the Judicial Conference of the United States In September 1!174, is required pursuant to Local Rule 31 Js not filed
but Is used by the Clerk of the Court for the purpose of statistics, venue and Initiating the civil docket sheet. (For more detailed lnstructlons,see separate instructions sheet).
Key to Statistical codes relating to Social Security Cases:
Nature of Suit Code Abbreviation Substantive Statement of Cause of Action
861 HIA
B62 BL
863 DIWC
863 DIWW
864 SSID
865 RSI
CV-71 (02/13)
All claims for health insurance benefits (Medicare) under Title 18, Part A, of the Social Security Act, as amended. Also,
Include claims by hospitals, skilled nursing facilities, etc., for certification as providers of services under the program,
(42 U.S.C. 1!135FF(b))
All claims for "Black lung benefits under Title 4, Part B, of the Federal Coal Mine Health and Safety Act of 196!1. (30 U.s.c,
923)
All claims filed by Insured workers for disability Insurance benefits under Title 2 of the Social Security Act, as amended; plus
all claims filed for child's Insurance benefits based on disability. (42 U.S.C. 405 (g))
All claims filed for widows or widowers lnsu ranee 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 (olq age) and survivors benefits under Title 2 of the Social Security Act, as amended,
(42 u.s.c, 405 (g)) .
CIVIL COVER SHEET Page 2 of2