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DEFENDANT(S).
\
SUMMONS
A lawsuit has been filed against yow.
'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 ri' complaint 0 amended complaint
D counterclaim 0 cross-claim or a motion :under Rule 12 of the Federal Rules of Civil Procedure. The
or motion must be served on the plaintiffs attorney, Daniel J. Yourist, Esq. (SBN 180026) , whose address is
11111 Santa Monica Blvd., Suite I 00, Los Angeles, CA 90025 . 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. District Court
Dated: JUL /Q 2013
(Seal ofthe Court)
[Use 60 days if the defendant is the United States oi( a United States agency, or is an officer or employee of the United States. Allowed
60 days by Rule 12(a)(3)}.
CV-OIA (lOIII SUMMONS
Case 2:13-cv-05088-R-MAN Document 1 Filed 07/16/13 Page 11 of 12 Page ID #:19
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
CIVIL COVER SHEET
I. (a) PLAINTIFFS ( Check box if you are representing yourself D )
ESTEVAN ORIOL, an individual,
DEFENDANTS (Check box if you are representing yourself O )
H & M HENNES & MAURITZ L.P., a New York Limited Partnership,
(b) Attorneys (Firm Name, Address and Telephone Number. If you (b) Attorneys (Firm Name, Address and Telephone Number. If you
are representing yourself, provide same.) are representing yourself, provide same.)
DANIEL J. YOURIST, ESQ. (SBN 180026)
YOURIST LAW CORPORATION, A.P.C.
11111 Santa Monica Blvd., Suite 100
los Angeles, California 90025
II. BASIS OF JURISDICTION (Place an X in one box only.) Ill. CITIZENSHIP OF PRINCIPAL PARTIES-For Diversity Cases Only
(Place an X in one box for plaintiff and one for defendant)
0 1. U.S. Government
Plaintiff
3. Federal Question (U.S.
PTF DEF PTF DEF
Citizen ofThls State 0
1
0
1
Incorporated or Principal Place O
4
[]
4
Government Not a Party)
Citizen of Another State
of Business in this State
0 2 0 2 Incorporated and Principal Place O
of Business in Another State
0 5
I
D 2. U.S. Government
Defendant
0 4. Diversity (Indicate Citizenship
of Parties in Item Ill)
Ci tizen or Subject of a
Foreign Country
0 3 0 3 Foreign Nation
0 6 0 6
IV. ORIGIN (Place an X in one box only.)
[8] 1. Original D 2. Removed from D 3. Remanded from
D
4. Reinstated or
Reopened
D
5. Tramferred from Another
District (Specify)
6. Multi-
0 District
Litigation
--t-
i
Proceeding State Court Appellate Court
V. REQUESTED IN COMPLAINT: JURY DEMAND: [8) Yes D No (Check nYes'' only if demanded in complaint.)
CLASS ACTION under F.R.Cv.P. 23: 0 Yes [8) No 0 MONEY DEMANDED IN COMPLAINT:$
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
Copyright Act of the United States as amended, 17 U.S.C. 101 et seq., Plaintiff alleges Defendant H&M created a derivative image of Plaintiff's iconic LA Fingers
copyrighted photograph
i
VII. NATURE: OF SUIT (Place an X in one box only).
OTHER STATUTES CONTRACT REAL PROPERTY NT. IMMIGRATION PRISONER PETITIONS PROPERTY RIGHTS:-r--
D
375 False Claims Act 0
110 Insurance 0
240 Torts to Land
0
462 Naturalization Habeas Corpus:
[8] 820 Copyrights
Application 0 463 Alien Detainee
400 State D
245 Tort Product
0 830 Patent
I
0
0
120 Marine
Liability
465 Other
0 510 Motions to Vacate
I
Reapportionment
0
I
Immigration Actions Sentence
0 840 Trademark
I
0
410 Antitrust
0 130 Miller Act
0
290 All Other Real
0 530 General
Pro err SOCIAL SECURIT'[ I --
0
430 Banks and Banking
0
140 Negotiable
Instrument TORTS
0 535 Death Penalty
0 861 HIA (139Sff)
0
450 Commerce/ICC
150 Recovery of
PERSONAL INJURY
0
370 Other Fraud
Other:
D 862 Black Lung (923)
Rates/Etc.
0
Overpayment &
0 310 Airplane
D
540 Mandamus/Other
D
460 Deportation Enforcement of
315 Airplane
0
371 Truth in lending
0
550 Civil Rights
0 863 DIWC/DIWW (405 tg)
Judgment
0
0
470 Racketeer lnflu
Product Liability
0
380 Other Personal
D
555 Prison Condition
0 864 SSIDTitle XVI
enced & Corrupt Org.
0
151 Medicare Act 320 Assault, Libel & Property Damage
0
Slander 560 Civil Detainee 0 865 RSI (405 (g))
D
480 Consumer Credit 152 Recovery of
330 Fed. Employers' 0
385 Property Damage
0 Conditions of
D
Defaulted Student
D
Liability
Product Liability
Confinement FEDERAL TAX
D
490 Cable/Sat TV
Loan (Excl. Vet.) BANKRUPTCY FORFEITURE/PENALTY
870 Taxes (U.S. Plaint ff o
850 Securities/Com-
D
340 Marine
0
422 Appeal 28
D
Defendant)
0
153 Recovery of
625 Drug Related
modities/Exchange
345 Marine Product usc 158
0 Seizure of Property 21
0 Overpayment of
0
liability
423 Withdrawal 28
D
871 IRS-Thi rd Party 2<i U C
890 Other Statutory Vet. Benefits
0
usc 881
7609
D
usc 157
Actions
160 Stockholders'
0
350 Motor Vehicle
0
891 Agricultural Acts
0
Suits
355 Motor Vehicle
CIVIL RIGHTS
0
690 Other
0
Product Liability 0
440 Other Civil Rights
D
893 Environmental
0
190 Other
360 Other Personal
LABOR
Matters
Contract 0
Injury
0
441 Voting
0 710 Fair Labor Standards
0
895 Freedom of Info.
195 Contract 362 Personal injury-
0
442 Employment
Act
Act
0
Product Liability
0
Med Malpratice 0 720 Labor/Mgmt.
0
896 Arbitration 365 Personal Injury-
0
443 Housing/ .Relations
196 Franchise
0
Product Liability
Accomodations
O 740 Railway Labor Act
REAL PROPERTY
899 Admin. Procedures 367 Health Care/
445 American with
O 751 Family and Medical
O Act/Review of Appeal of
0
210 Land
Pharmaceutical 0
Disabilities-
Agency Decision
Condemnation 0
Personal Injury
Employment
Leave Act
0
220 Foreclosure
Product Liability
0
446 American with
O 790 Other Labor
O 950 Constitutionality of 368 Asbestos
Disabilities-Other
Litigation
State Statutes
0
230 Rent Lease &
0 Personall_nju,ry
448 Education
O 791 Employee Ret. Inc.
Security Act
FOR OFFICE USE ONLY: Case Number:
AFTER COMPLETING PAGE 1 OF FORM CV-71, COMPLETE THE INFORMATION REQUESTED ON PAGE 2.
CV-71 {02113) CIViL COVER SHEET Page 1 of 2
Case 2:13-cv-05088-R-MAN Document 1 Filed 07/16/13 Page 12 of 12 Page ID #:20
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
CIVIL COVER SHEET
Vlll(a). IDENTICAL CASES: Has this action been previously filed in this court and dismissed, remanded or closed? (81 NO D YES
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? [gJ NO 0 YES
If yes, list case number(s):
------------1
Civil cases are deemed related If a previously filed case and the present case:
(Check all boxes that apply) D 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
D D. Involve the same patent, trademark or copyright. and one of the factors identified above in a, b or c also is present.
I X. VENUE: (When completing the following Information, use an additional sheet if necessary.) I
(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
Country
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 named
defendant resides. __ I_
O Check here if the government, its agencies or employees is a named defendant. If this box is checked, go to item (c). _
California County outside of this District; State, if other than California; or Fore
County in this District:* Country _
New York, New York
(c) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH claim aro e.
NOTE: In Janel 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 Fore i
Countrv
Los Angeles
*Los Angeles, Orange, San Bernardino, Riverside, Ventura, Santa Barbara, or San Luis Obispo Counties
Note: In land condemnation cases, use the location ofthe tract of land involved
Notice to Counsel/Parties: The CV-71 (JS-44) Civil Cover Sheet and the lnformati co
other papers as required by law. This form, approved by the Judicial Conference f t United States in September 1974, is required pursuant to Local Rule 3-1 is not fli d
but is used by the Clerk of the Court for the purpose of statistics, venue and initia g the civil docket sheet. (For more detailed instructions, see separate instructiom ;h
Key to Statistical codes relating to Social Security Cases:
Nature of Suit Code Abbreviation Substantive Statement of Cause of Action
861 HIA
862 BL
863 DIWC
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. 1935FF(b))
All claims for "Black Lung" benefits under Title 4, Part B, of the Federal Coal Mine Health and Safety Act of 1969. (30 u.s.
923)
All claims filed by Insured workers for disability insurance benefits under Title 2 of the Social Security Act, as amende j; Ius
all claims filed for child's Insurance benefits based on disability. (42 U.S.C. 405 (g))
Al l claims filed for widows or widowers insurance benefits based on disability under Title 2 of the Social Security Act, as
amended. (42 U.S.C. 405 (g)) I
Ali claims for supplemental security income payments based upon disability filed under Title 16 of the Social Security Act, as
863 DIWW
864 SSID
amended. !
-
_____ s_6_s ______________ Rs_' _________ __ su_r_vi_v_or_s_b_e_ne_f_it_s_un_d_e_r_T_it-le_2_o_f_t _he __ so_c_ia_l_s_ec_u_r_ity-- Ac_t_,a_s_a_m_e_n_d_ed_. ______ L
(42 U.S,(. 405 (g)) I
CV-71 (02/13) CIVIL COVER SHEET Page 2 of 2
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