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Case 2:10-cv-08029-CBM -MAN Document 1 Filed 10/25/10 of 13 Page ID #:2

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1 FRITZ CLAPP (Bar No. 99197): cpAttorney at Law2 P.O. Box 2517

.N., --7-1Beverly Hills, CA90213.,, D cn F3 Telephone: 888-292-5784Facsimile: 888-467-2341 C:3

4 E-mail: <[email protected]>5 Attorney for Plaintiff

--C ui

HELLS ANGELS MOTORCYCLE CORPORATION6

7

8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA

10 WESTERN DIVISION

11 al nnAn CBMe 0 I .1 (1,1,4z12 HELLS ANGELS MOTORCYCLE Case No.

CORPORATION,13

Plaintiff, COMPLAINT FOR TRADEMARK14 INFRINGEMENT, UNFMR

v. COMPETITION AND15 TRADEMARK DILUTION

(INJUNCTIVE RELIEF SOUGHT)16 ALEXANDER MCQUEEN

TRADING LIMITED,17 SAKS INCORPORATED, and

ZAPPOS RETAIL, INC.18

19

20

Defendants.

21 Plaintiff, HELLS ANGELS MOTORCYCLE CORPORATION, by and

22 through its undersigned attorney, hereby complains as follows:

23 JURISDICTION AND VENUE

24 1. This action arises under the Trademark Act of 1946 (the Lanham Act), as

25 amended by the Federal Trademark Dilution Act of 1995 (15 U.S.C. 1051 et seq.).26 This court has jurisdiction over such claims pursuant to 28 U.S.C. 1331 (federal27 question), 28 U.S.C. 1338(a) and 1338(b) (trademark and unfair competition), and

28 15 U.S.C. 1121(a) (Lanham Act).

COMPLAINT FOR TRADEMARK INFRINGEMENT, UNFAIR COMPETITIONAND TRADEMARK DILUTION (INJUNCTIVE RELIEF SOUGHT) Page 1


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2. Venue is proper in this District pursuant to 28 U.S.C. 1391 because a

substantial part of the events giving rise to the claims herein occurred in this District,and because the Defendants are found and conduct business within this District.

3. Intra-district venue is proper in the Western Division because, on

information and belief, the Defendants are found and conduct business within the

County of Los Angeles.PARTIES

4. Plaintiff HELLS ANGELS MOTORCYCLE CORPORATION

(“HAMC”) is now, and at all relevant times was, a non-profit mutual benefit

corporation organized and existing under the laws of the State of California. Plaintiff

HAMC is the owner of the trademarks described herein, which it administers on

behalf of, and for the benefit of, the Hells Angels Motorcycle Club.

5. Defendant ALEXANDER MCQUEEN TRADING LIMITED

(“MCQUEEN”) is, on information and belief, a corporation organized and existingunder the laws of the United Kingdom. Defendant MCQUEEN is a luxury fashion

house, designing, manufacturing, distributing and selling products through its own

stores, other retailers and online. Defendant MCQUEEN is found and conducts

business within this District through its subsidiary enterprises as Alexander McQueen

Boutique, located at 8379 Melrose Ave., Los Angeles, CA 90069. Defendant

MCQUEEN and its subsidiary enterprises also conduct business within this District

and throughout the United States via the Internet website <alexandermcqueen.com>.6. Defendant SAKS INCORPORATED (“SAKS”) is, on information and

belief, a corporation organized and existing under the laws of the State of New York.

Defendant SAKS is the operator of high-end department stores, and is found and

conducts business within this District through its subsidiary enterprises as Saks Fifth

Avenue, 9600 Wilshire Blvd., Beverly Hills, CA 90212. Defendant SAKS and its

subsidiary enterprises also conduct business within this District and throughout the

United States via the Internet website <saksfifthavenue.com>.



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7. Defendant ZAPPOS RETAIL, INC. (“ZAPPOS”) is, on information and

belief, a corporation organized and existing under the laws of the State of Nevada.

Defendant ZAPPOS conducts business within this District and throughout the United

States via the Internet website <zappos.com>.

PLAINTIFF’S MARKS

8. At least as early as 1948, Plaintiff HAMC and its predecessor in interest,

an unincorporated association known as the Hells Angels Motorcycle Club, have

continuously employed the word mark HELLS ANGELS and design mark depictinga skull with wings (the “HAMC Death Head”) as collective membership marks,trademarks and service marks used in connection with the promotion, advertising,conduct and expansion of a motorcycle club, including indicia of membership; on

authorized products such as jewelry and apparel; and in connection with authorized

services such as promotional and entertainment services.

9. From more than half a century of continuous and conspicuous usage,

both the HELLS ANGELS word mark and the HAMC Death Head design mark (the“HAMC Marks”) are famous. The HAMC Marks are widely known and recognized

by the public as indicating the Hells Angels Motorcycle Club. Plaintiff HAMC and

its predecessors in interest have exercised legitimate control over the membership,trade and service uses of the HAMC Marks by the duly authorized affiliates and

licensees, and have been diligent and successful in abating the use of the HAMC

Marks by unauthorized third parties.10. Plaintiff HAMC is the owner of the following United States trademark

registrations for the HAMC Marks, further described in Exhibit A:

a. Reg. Nos. 1,214,476, 1,301,050, and 2,588, 116 for HELLS ANGELS

and HAMC Death Head as collective membership marks;b. Reg. Nos. 1,294,586, 1,943,341, 3,338,837, and 3,666,915 for HELLS

ANGELS word mark as trademark and service mark;c. Reg. Nos. 3,311,549, 3,311,550, and 3,666,916 for HAMC Death Head



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design as trademark and service mark.

11. Plaintiff’s registrations for the HAMC Marks have become incontestible

under 15 U.S.C. 1065. These registrations are, therefore, conclusive evidence of

Plaintiff’s exclusive right to use the HAMC Marks.

12. From decades of notoriety, the HAMC Marks have acquired very

widespread public recognition, consequently they evoke strong and immediate

reactions whenever used. The impact of these marks is virtually incomparable, and as

a result they have great commercial value. Defendants seek to exploit that value for

their own gain.DEFENDANTS’ INFRINGING PRODUCTS

13. Plaintiff HAMC is informed and believes that Defendants MCQUEEN,SAKS and ZAPPOS, and each of them, have in the past and continue to manufacture,

source, market and/or sell j ewelry, apparel and accessories that infringe and dilute the

HAMC Marks (hereinafter the “infringing products”).14. In particular, Plaintiff HAMC is informed and believes that Defendants

MCQUEEN, SAKS and ZAPPOS, and each of them, manufactures, sources, markets

and/or sells jewelry designs that are confusingly similar to the HAMC Death Head

mark. These infringing jewelry designs include, without limitation, the examplesillustrated in Exhibit B, which are referred to therein as the “Hells Four-Finger Ring”

design.15. In particular, Plaintiff HAMC is informed and believes that Defendants


and/or sells infringing handbags that employ the same design as the “Hells Four-

Finger Ring” and also confusingly similar to the HAMC Death Head mark. These

infringing handbags include, without limitation, the examples illustrated in Exhibit C,which are referred to therein as the “Hells Knuckle Duster” design.

16. In particular, Plaintiff HAMC is informed and believes that Defendants




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and/or sells apparel and accessories named with the HELLS ANGELS word mark.

These infringing items include, without limitation, the examples illustrated in Exhibit

D, the “Hells Angels Jacquard Box Dress” and “Hells Angels Pashmina.”

17. Plaintiff HAMC is informed and believes that Defendants MCQUEEN,SAKS and ZAPPOS, and each of them, have produced, manufactured, designed,marketed, offered for sale and sold substantial quantities of products infringing the

HAMC Marks, and have obtained and continue to obtain substantial profits from such

sales.

18. The actions of Defendants MCQUEEN, SAKS and ZAPPOS, and each

of them, have caused and will cause Plaintiff HAMC irreparable harm for which

money damages and other remedies are inadequate. Unless Defendants, and each of

them, are restrained by this Court, they will continue and/or expand the illegalactivities alleged in this Complaint and otherwise continue to cause great and

irreparable damage and injury to Plaintiff. Accordingly, in addition to other relief

sought, Plaintiff HAMC is entitled to preliminary and permanent injunctive relief

against Defendants MCQUEEN, SAKS and ZAPPOS, and all persons acting in

concert with them.

FIRST CLAIMFederal Trademark Infrinement

(Lanham Act 32 15 U.S.C. 1114-1117)19. Plaintiff HAMC realleges and incorporates by reference each of the

allegations contained in paragraphs 1 through 18 of this Complaint.20. Without consent of Plaintiff HAMC, Defendants MCQUEEN, SAKS

and ZAPPOS, and each of them, have used, in connection with the sale, offering for

sale, distribution or advertising of the infringing products, designs that infringe upon

the HAMC Marks.

21. These acts of infringement have been committed with the intent to cause

confusion, mistake or deception, and are in violation of 15 U.S.C. 1114.

22. As a direct and proximate result of the infringing activities of Defendants



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MCQUEEN, SAKS and ZAPPOS, and each of them, Plaintiff HAMC has suffered

substantial damage.23. Defendants' infringement of the HAMC Marks as alleged herein is an

exceptional case and was intentional, entitling Plaintiff HAMC to treble the actual

damages and to an award of attorneys' fees under 15 U.S.C. 1117(a) and 1117(b).SECOND CLAIM

Federal Unfair Competition(Lanham Act 43(a) –15 U.S.C. 1125(a))

24. Plaintiff HAMC realleges and incorporates by reference each of the

allegations contained in paragraphs 1 through 23 of this Complaint.25. Defendants' conduct constitutes the use of words, symbols or devices

tending falsely to describe the infringing products, within the meaning of 15 U.S.C.

1125(a)(1). Defendants' conduct is likely to cause confusion, mistake, or deception

by or in the public as to the affiliation, connection, association, origin, sponsorship or

approval of the infringing products to the detriment of Plaintiff HAMC and in

violation of 15 U.S.C. 1125(a)(1).26. As a direct and proximate result of the infringing activities of Defendants

MCQUEEN, SAKS and ZAPPOS, and each of them, Plaintiff HAMC has suffered

substantial damage.THIRD CLAIM

Federal Dilution of Famous Mark(Federal Trademark Dilution Act of 1995)(Lanham Act 43(c) –15 U.S.C. 1125(c))

27. Plaintiff HAMC realleges and incorporates by reference each of the

allegations contained in paragraphs 1 through 26 of this Complaint.28. The HAMC Marks are distinctive and famous within the meaning of the

Federal Trademark Dilution Act of 1995, 15 U.S.C. 1125(c), as amended.

29. Defendants' activities have diluted or are likely to dilute the distinctive

quality of the HAMC Marks in violation of 15 U.S.C. 1125(c), as amended.

30. Plaintiff HAMC is entitled to injunctive relief pursuant to 15 U.S.C.



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1125(c).31. Because Defendants willfully intended to trade on Plaintiff HAMC's

reputation or to cause dilution of the HAMC Marks, Plaintiff HAMC is entitled to

damages, extraordinary damages, fees and costs pursuant to 15 U.S.C. 1125(c)(2).

relief:

PRAYER FOR RELIEF

WHEREFORE, Plaintiff HAMC prays that this Court grant it the following

a.) Adjudge that the HAMC Marks have been infringed by Defendants in

violation of the rights ofPlaintiff HAMC under 15 U.S.C. 1114;

b.) Adjudge that Defendants have competed unfairly with Plaintiff HAMC

in violation of its rights under 15 U.S.C. 1125(a);

c.) Adjudge that Defendants' activities are likely to, or have, diluted the

famous HAMC Marks in violation of the rights of Plaintiff HAMC under 15 U.S.C.

1125(c);

d.) Adjudge that Defendants, their subsidiaries, parent and affiliated

companies, successors, assigns, agents, and employees, and all others acting for, with,

by, through or in concert with Defendants, shall be enjoined and restrained at first

during the pendency of this action and thereafter permanently from using the HELLS

ANGELS word mark, the HAMC Death Head design mark, and any other mark,

word, name or symbol that is likely to cause confusion with, or cause dilution of, the

HAMC Marks;

e.) Adjudge that Defendants be required immediately to recall and sequestertheir inventories of the infringing products, and to supply an accounting of such

inventories to Plaintiff HAMC's counsel;

f.) Adjudge that Defendants be required to deliver their entire inventories of

the infringing products to a mutually selected third party for supervised destruction;

g.) Adjudge that Defendants, within thirty (30) days after service of the

judgment demanded herein, be required to file with this Court and serve upon counsel



1 for Plaintiff HAMC a written report under oath setting forth in detail the manner in

2 which they have complied with the judgment;3 h.) Adjudge that Plaintiff HAMC recover from Defendants its damages in

4 an amount to be proven at trial;

5 i.) Adjudge that Defendants be required to account for any profits that are

6 attributable to its illegal acts, and that Plaintiff HAMC be awarded three times

7 Defendants' profits under 15 U.S.C. 1117, plus prejudgment interest;

8 j.) Order an accounting of and impose a constructive trust on all of

9 Defendants' funds and assets that arise out of Defendants' infringing activities;

10 k.) Adjudge that Defendants be required to pay exemplary damages for

ii fraud, malice and gross negligence, whether grounded on proof of actual damages or

12 on proof ofunjust enrichment;

13 1.) Adjudge that Plaintiff HAMC be awarded the costs of this action,

14 together with reasonable attorney's fees and disbursements; and

15 m.) Adjudge that all such other and further relief be awarded to Plaintiff

16 HAMC as the Court deems just and equitable.17 Dated: October 25, 2010

18lb,

19 wassilk 416 iceFRITZ CLAPP 11

20 Attorney at LawP.O. Box 2517

21 Beverly Hills, CA 90213Telephone: 888-292-5784

22 Facsimile: 888-467-2341Email: <[email protected]>

23 Attorney for Plaintiff HELLS ANGELSMOTORCYCLE CORPORATION

24

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Mark Goods/Services [Int. Class] Reg. No.

Membership in an association ofmotorcyclists [200] 1,214,476T-shirts; entertainment services, namely, arranging and

1,294,586conducting concerts for the benefit of others [025, 041]Posters, calendars and adhesive labels [016] 1, 943,341Belt buckles, embroidered and cloth patches [026] 3, 338,837

Jewelry, jewelry pins, clocks and watches, earrings, keyrings made ofprecious metal, badges made ofprecious

HELLS ANGELS metal, and chains made ofprecious metal [014]; Books,booklets and newspapers concerning motorcycle clubs;posters, calendars and adhesive labels [016]; Shirts, t-

shirts, pullovers, jackets, sweaters, sweat pants, trousers, 3, 666,915vests, caps with visors, headwear and footwear [025]; Beltbuckles, ornamental novelty badges, ornamental cloth

patches and embroidered patches for clothing [026];Entertainment services, namely, arranging and conductingconcerts, parties, rallies and special events [041]Membership in a motorcycle club [200] 2, 588, 116Embroidered patches for clothing; ornamental cloth

3, 311,549patches; belt buckles [026]Clocks; pins and rings [014] 3, 311,550Jewelry, jewelry pins, clocks and watches, earrings, keyrings made ofprecious metal, badges made ofpreciousmetal, and chains made ofprecious metal [014]; Books,booklets and newspapers concerning motorcycle clubs;posters, calendars and adhesive labels [016]; Shirts, t-

shirts, pullovers, jackets, sweaters, sweat pants, trousers, 3, 666,916vests, caps with visors, headwear and footwear [025]; Belt

buckles, ornamental novelty badges, ornamental cloth

patches and embroidered patches for clothing [026];Entertainment services, namely, arranging and conductingconcerts, parties, rallies and special events [041]

Membership in a motorcycle club [200] 1, 301,050


HAMC MARKS

EXHIBIT A

Case 2:10-cv-08029-CBM -MAN Document 1 Filed 10/25/10 of 13 Page ID #11

Alexander McQueenHells Four-Finger Ring/GoldA winged skull adorns all four fingers for a dramatic, eye-catching statement.

BrassCrystalLength, about 3-Wr

t Width, about 11/4Made in Italy

$495.00 0401685109840

Alexander McQueenHells Four-Finger Ring/SilverA winged skull design adorns each knuckle for a signature. modern update of a typical ring.

BrassJet crystalLength, about 3 W'Width, about 1 W'Made in ltaN

$495.00 0401685109727

EXHIBIT B

..1. i-4:=•., .'ta).,0i.4,, )•.4, '1,1/4 -1',4. i..: '.W%,

kir4A).!710!r

4

fit,„L71,43Ara''


ALEXANDER

MQUEENSella 770”456Sold by Zappos Retail. Inc.

Sire: One EiZe

ap

Color: Black

'401111E1=4.9"1 Add se hiy F ;741 I

IN, Rodin

Alexander McQueen253132FSP0G Hell's Knuckle Duster

1110*, Mufti*IP- AttwA6"vmswir,;l'illEs.1

EXHIBIT C

4001111,

Case 2:10-cv-08029-CBM -MAN Document 1 Filed 10/25/10 of 13 Page ID #:1 3

..a.3.AA

r: b ElkREGN EN To TouR

Accrlinor

114 QUEE N MENSW EAR OMENSW

EAR EX PERIENC EW ISM LIST S HOPP ENG BA G 0

LOOKS DRESSES TROUSERS AND SKIRTS JACKETS TOPS RAGS SHOES A CCESSORTES SILKS GiFTS

HELLS ANGELSDress. 11 a,:,..D. JACQUARD BOX

R. L'• rI

PREVIOUS NE XT,ZOOM IN DRESS4.

3'.i.eie.rpp., •A-14: ::rrAL .;:.-:•48.5„..'kx 3. ':;.1.

.554., 11.,..P.'‹-A4:.f....„ Si...:].95.001.:r%4?.:k4..-2.-^.? il.":':.-....'e"..V.-:e, 7.re -sine merino woe]

ii.t d sill, blendjacquard

k4:„." i,bc, shaped. dress

.7? i.°D,i0o3., 49% silk

1 .1 BlA.C/CIIVORY/REA 2

''.4•l,..:•'g.:•,ii::.•.' :i4

Ts 2

A LE X A N DE R SIGN IN TO YOUR AC COUNT

mQuEEN IONS W EAR WOluENS EA.R. EX PERIENCE.WiSH LIST SHOPPING (AC 0)

LOOKS DRESSES TROUSERS AND SKIRTS JACKETS TOPS EAGS SHOES ACCESSORIES SILKS GIFTS

KSSLSASS FASHION SCARVES

HELLSANGELSFashion Seamen 5 of s PASHMLNA

20051 IN RESETP RE IOUS NEAT V:••$560-GO

blackand ivory heEs

angels printed pashmina

rOLOR 7, ATERIAL

Imai:41E3HrCF.E.i

I=EMA AD TO k,,S 15 MST7•764

PRINT DETAILS

SEND TO A EMEND

EXHIBIT D

Wi...:', 1i:71s114.,.41.i:, 'r:4-•::-:'I s

0t-'.' 4.k 4.^-.- I: 1,l''-7t• 44 C.

'r-=:Y•\• se V 1AM:.Airk ''''k,.

..0*.,,


FRITZ CLAPP, ESQ. (Bar No. 99197)P.O. Box 2517

Beverly Hills, CA 90213

Telephone: (888) 292-5784

(888) 467-2341

UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIA

HELLS ANGELS MOTORCYCLE WIWUKA 1 IUN I CASE NUMBER

PLAINTIFF(S) i 1 04.J8:...T'. i., :•ri.giLkiv.

ALEXANDER MCQUEEN TRADING LIMITED,SAKS INCORPORATED, and

ZAPPOS RETAIL, INC.,SUMMONS

DEFENDANT(S).

TO: DEFENDANT(S):

A lawsuit has been filed against you.

Within '11 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 dcomplaint El amended complaint0 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 plaintiff s attorney, FRITZ CLAPP. ESQ., whose address is

P.O. Box 2517, Beverly Hills, CA90213. 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

OCT 2 5 2.L'il0 CHRISTOPHER POWERSDated':

Deputy Clerk SEAL(Seal ofthe Cowl)

i, kvs if the defendant is the United States or a United States-agency, or is an officer or employee of the United Slates. Allowed

1:/12 12(a)(3)1.

CV-0)A(12/07) SUMMONS

UMTED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIA

NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY

This case has been assigned to District Judge Consuelo B. Marshall and the assigneddiscovery Magistrate Judge is Margaret A. Nagle.

The case number on all documents filed with the Court should read as follows:

CV10- 8029 CBM (MANx)

Pursuant to General Order 05-07 of the United States District Court for the CentralDistrict of California, the Magistrate Judge has been designated to hear discovery relatedmotions.

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 isfiled, a copy of this notice must be served on all plaintiffs).

Subsequent documents must be filed at tho following location:

[X] Western Division U Southern Division U Eastern Division312 N. Spring St., Rm. G-8 411 West Fourth St., Rm. 1-053 3470 Twelfth St., Rm. 134Los Angeles, CA 90012 Santa Ana, CA 92701-4516 Riverside, CA 92501

Failure to file at the proper location will result in your documents being returned to you.

CV-18 (03/06) NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIACIVIL COVER SHEET

I(s) PLAINTIFFS (Cheek hox if you are representing yourself 0) DEFENDANTSHELLS ANGELS MOTORCYCLE CORPORATION ALEXANDER MCQUEEN TRADING LIMITED,

SAKS INCORPORATED.ZAPPOS RETAIL. INC.

(b) Attorneys (Finn Name, Address and Telephone Number, If you are representing Attorneys (if Known)yourself, provide same.)

FRITZ CLAPP, ESQ.PO Box 2517, Beverly Hills, CA 90213

888-292-5784

BASIS OF JURISDICTION (Place an X in one box onlY.) III. CITIZENSHIP OF PRINCIPAL PARTIES For Diversity Cases Only(Place an X in one box for plaintiffand one for defendant.)

I U.S. Government Plaintiff g"3 Federal Question (U.S. PTF DEF PTF DEF

Government Not a Party) Citizen of This State U I CI 1 incorporated or Principal Place 04 El 4

of Business in this State

02 U.S. Government Defendant 04 Diversity (Indicate Citizenship Citizen of Another State El 2 El 2 Incorporated and Principal Place 0 5 03

of Parties in Item 110 of Business in Another State

Citizen or Subject of a Foreign Country U 3 0-3 Foreign Nation .0 6 06

IV. ORIGIN (Place an X in one box only-)

WI Original. 0 2 Removed from 10 3 Remanded from 0 4 Reinstated or 0 5 Transferred from another district (specify): 0 6 Multi- 07 Appeal to District

Proceeding State Court Appellate Court Reopened District IudRe fromLitip.ation Magistrate Judge

V. REQUESTED IN COMPLAINT: JURY DEMAND: U Yes RfNo (Check 'Yes' only ifdemanded in complaint)

CLASS ACTION under F.R.C.P. 23: 0 Yes It<o liMONEY DEMANDED IN COMPLAINT: as proved

VI. CAUSE OF ACTION (Cite the U.S. Civil Statute under which you arc filing and write a brief statement of caue. Do not cite jurisdictional statutes unless diversity.)15 U.S.C. 1051 et seq. (Trademark Infringement)

VII. NATURE OF SUIT (Place an X in one box only.)

OTITEg::STATUTES [I- 1 1 T.0,1tS::::-::: TORTS:::,. ITIsoNPR: 1::, -APCIIR:,0 400 State Reapportionment 0 110 Insurance: PI-',...-:..:(:..N Al,:IN.1.1.:1R '1'. IT. R SONA I [TT! TIOI S 0 710 Fair Labor Standards

0 410 Antitrust 0 120 Marine 0 310 Airplane PROPERTY. U 510 Motions to Act0 430 Banks and Banking 0 130 Miller Act 0 315 Airplane Product 0 370 Other Fraud Vacate Sentence 0 720 Labor/Mg.nt.E 450 CommereefICC 0 140 Negotiable InStrument Liability 0 371 Truth in Lending Habeas Corpus Relations

Ratesfete. 0 150 Recovery of 0 320 Assault, Libel & 0 380 Other Personal 0 530 General 0 730 LaboriMgmt.0 460 Deportation Overpayment & Slander Property Damage 0 535 Death Penalty Reporting &

10 470 Racketeer Influenced Enforcement of 0 330 Fed. EmployersE 385 Property Damage 0 540 Mandamus! Disclosure Act

and Corrupt JLiabilityudgment Product Liability Other 0 740 Railway Labor Act

00 340 Marine

Organizations 151 Medicare Act 13.- NKRiAld.:3_''' 0 550 Civil Rights 0 790 Other Labor17 480 Consumer Credit 0 152 Recovery of Defaulted

0 345 Marine Product0 422 Appeal 28 I, Sc: 555 prison Condition LitigationLl).

0 490 Cable/Sat TV Student Loan (Exdl. iaility 158,: l'(.3.10EXTURT, 0 791 Empl, Ret Inc,0 350 MotorVehicle,.

1.: 810 Selective Service Veterans) 10 423 Withdrawal 28,: 1.'ENAI Ty' sce-,t.o.ty Act0 355 Motor Vehicle

0 850 Securities/Commodities/ 0 153 Recovery of Product LiabilityI ISC 157 LI 610 Agriculture Pti(IIST10,7V RIGIT1t

Exchange Overpayment of E 360 Other Personal .C.P.:1.L: RIGHTS El 620 Other Food & LI '620 Copyrights0 875 Customer Challenge 12 Veteran's Benefits i...] 441 Voting Drug 0,830 PatentInjury

USC 3410 10 160 Stockholders' Suits 0 362 Personal Injury- 0 442 Employment 0 625 Drug Related I:84() Trademark0 890 Other Statutory Actions 0 190 Other Contract Med Malpnictice 0 443 llousinglAcco- Seizure of :Sc._4::::mt.::::5, Fcyz rfv

ED 891 Agricultural Act 0 195 Contract Product 0 365 Personal injury- mmodations Property 21 LISC 0 861 H1A (131.1.)0 892 Economic Stabilization Liability Product Liability 0 444 Welfare 881 0 862 Black Lung (923)

Act 0 196 Franchise 0 368 Asbestos Personal 0 445 American with 0 630 Liquor Laws 0 863 DIWC/D1WW0 893 Environmental Mattc.rs R t,,.-1, 2:,.11.).P.:kRi.., Injury Product Disabilities D 640 R.R. & Truck (405(00 894 Energy Allocation Ad E 210 Land Condemnation -Liability Employment LI 650 Airline Reim E 864 SSID Title XVI

0 895 Freedom of Info. Act 0 220 Foreclosure :::.7.::..::., ::-!..1.141,41„.p.W.:10N:::::::::.::::::- 0 446 American with D 660 Occupational 10 865 RSI (405(g))..0 900 Appeal of Fee Deterrni- 0 230 Rent Lease & Ejectment 0 462 Naturalization Disabilities Safety /Health ::::::FRPFRAVIV.C. SL....1::

nation Under Equal 0 240 Torts to Land Application Other 0 690 Other 0 570 Taxes (U.S. Plainiiff

Access to Justice 0 245 Tort Product Liability 0 463 Habeas Corpus- 0 440 Other Civil or Defendant)0 950 Constitutionality of CI 290 All Other Real Property Alien Detainee Rights El 871 IRS-Third Party 26

10 465 Other ImmigrationState Statutes USC 7609Actions

:41:

7-...•••,4' .f?'

FOR OFFICE USE ONLY: Case Number:

AFTER COMPLETING THE FRONT SIDE OF FORM CV-71. COMPLETE THE INFORMATION REQUESTED BELOW.

CV-71 (05/08) CIVIL COVER SHEET Page 1 of 2

rv

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIACIVIL COVER SHEET

VIII(a). IDENTICAL CASES: Has this action been previously filed in this court and dismissed, remanded or closed? 11No 0 YesIfyes, list case number(s):

VIII(b). RELATED CASES: Have any cases been previously filed in this court that are related to the present case? tiNo 0 Yes

Ifyes, list case number(s):

Civil cases are 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

0 B. Call for detennination 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. Involve the same patent, trademark or copyright, and one of the factors identified above in a, b or c also is present.

IX. VENUE: (When completing the following information, use an additional sheet ifnecessary.)

(a) List the County in this District; California County outside of this District; State ifother 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. Ifthis box is checked, go to item (b).

County in this District:* California County outside ofthis District; State, ifother than California; or Foreign CountrySan Bernardino

(b) List the County in this District; California County outside of this District State ifother than California; or Foreign Country, in which EACH named 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:* California County outside ofthis District; State, if other than California; or Foreign Country

Los Angeles

(c) List the County in this District; California County outside of this District; State irother than California; or Foreign Country, in which 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, ifother than California; or Foreign Country

LOS Angeles

Los Angeles, Orange, San Bernardino, Riverside,Ventura, Santa Barbara, or San Luis Obispo Counties

X. SIGNATURE OF ATTORNEY (OR PRO PER): Date October 25, 2010

Notice to Counsel/Parties: The CV-71 (JS-44) Civil Coyer Sheet and the information contained herein neither replace nor supplement the filing and service ofpleadingsor other papers as required by law. This form, approved by theJudicial Conference ofthe United States in September 1974, is required pursuant to LocalRule 3-1 is not filed

but is used by the Clerk ofthe Court for the purpose ofstatistics, venue and initiating the civil docket sheet. (For more detailed instructions, 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 -All claims for health insurance benefits (Medicare) under Title 18, Part A, ofthe-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))

862 BL 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.C. 923)

863 DIWC All claims filed by insured workers for disability insurance benefits under Title 2 ofthe Social Security Act, as

amended; plus all claims filed for child's insurance benefits based on disability. (42 U.S.C. 405(g))

863 DIWW All claims filed for widows or widowers insurance benefits based on disability under Title 2 of the Social SecurityAct, as amended. (42 U.S.C. 405(g))

864 SSD All claims for supplemental security income payments based upon disability filedunder Title 16 of the Social SecurityAct, as amended.

865 RSI All claims for retirement (old age) and survivors benefits under Title 2 of the Social Security Act, as amended. (42U.S.C. (g))

CV-71 (05/08) CIVIL COVER SHEET Page 2 of2

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