1 2 3 4 5 6 7 8 RUSSELL J. FRACKMAN (SBN 49087) msk.com STINE LEPERA (pro hac vice motion forthcoming) msk.com STINA E. DJORDJEVICH (SBN 262721) msk.com HELL SILBERBERG & KNUPP LLP 11377 West Olympic Boulevard Los Angeles, California 90064-1683 Telephone: (310) 312-2000 Facsimile: (310) 312-3100 Attorneys for Plaintiffs n-3 • • c_n Cr) 9 10 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 12 11 CASE i p 12-5386 13 14 15 16 17 DANIEL AUERBACH and PATRICK CARNEY (collectively and p rofessionally known as "THE BLACK YS"); TFM BLACK KEYS PARTNERSHIP d/b/a MCMOORE MCLESST PUBLISHING; and BRIAN BURTON p/k/a DANGER MOUSE individually and d/b/a SWEET SCIENCE, Plaintiffs, COMPLAINT FOR COPYRIGHT INFRINGEMENT DEMAND FOR JURY TRIAL 18 V. 19 20 21 THE HOME DEPOT, INC., a Delaware corporation; and DOES 1 — 10, inclusive, Defendants. 26 24 25 23 22 27 28 Mitchell Silberberg & Knupp LLP Plaintiffs Daniel Auerbach ("Auerbach") and Patrick Carney ("Carney") (collectively and professionally known as "The Black Keys"), Plaintiff The Black Keys Partnership d/b/a McMoore McLesst Publishing and Plaintiff Brian Burton p/k/a Danger Mouse d/b/a Sweet Science ("Burton") (collectively, "Plaintiffs") aver as follows: COMPLAINT FOR COPYRIGHT INFRINGEMENT 82400.1 / 42943-00000 Case 2:12-cv-05386-RSWL-RZ Document 1 Filed 06/21/12 Page 1 of 16 Page ID #:4
33
Embed
Black Keys Sue Home Depot and Pizza Hut Over Songs in Ads
The Black Keys, an enormously successful blues-rock duo, has sued the Home Deport and Pizza Hut for allegedly using songs off the group's most recent album in advertisements without the group's permission.
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Transcript
1
2
3
4
5
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RUSSELL J. FRACKMAN (SBN 49087) msk.com
STINE LEPERA (pro hac vice motion forthcoming) msk.com STINA E. DJORDJEVICH (SBN 262721) msk.com HELL SILBERBERG & KNUPP LLP
11377 West Olympic Boulevard Los Angeles, California 90064-1683 Telephone: (310) 312-2000 Facsimile: (310) 312-3100
Attorneys for Plaintiffs
n-3
• • c_n Cr)
9
10
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
12
11
CASE ip 12-5386 13
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DANIEL AUERBACH and PATRICK CARNEY (collectively and professionally known as "THE BLACK
YS"); TFM BLACK KEYS PARTNERSHIP d/b/a MCMOORE MCLESST PUBLISHING; and BRIAN BURTON p/k/a DANGER MOUSE individually and d/b/a SWEET SCIENCE,
Plaintiffs,
COMPLAINT FOR COPYRIGHT INFRINGEMENT
DEMAND FOR JURY TRIAL
18 V.
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THE HOME DEPOT, INC., a Delaware corporation; and DOES 1 — 10, inclusive,
Defendants.
26
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27
28 Mitchell Silberberg &
Knupp LLP
Plaintiffs Daniel Auerbach ("Auerbach") and Patrick Carney ("Carney")
(collectively and professionally known as "The Black Keys"), Plaintiff The Black
Keys Partnership d/b/a McMoore McLesst Publishing and Plaintiff Brian Burton
•Xddress: 24025 Park Sorrento Suite 130 Calabasas, CA 91302 United States
Mail Certificate Wixen Music Publishing, Inc. Jennifer Suomi 24025 Park Sorrento Suite 130 Calabasas, CA 91302 United States
Exhibit A
Case 2:12-cv-05386-RSWL-RZ Document 1 Filed 06/21/12 Page 12 of 16 Page ID #:15
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 Ronald S. W. Lew and the assigned discovery Magistrate Judge is Ralph Zarefsky.
The case number on all documents filed with the Court should read as follows:
CV12 - 5386 RSWL (RZx)
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).
Subsequent documents must be filed at the following location:
[X] 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
U Eastern Division 3470 Twelfth St., Rm. 134 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
Case 2:12-cv-05386-RSWL-RZ Document 1 Filed 06/21/12 Page 13 of 16 Page ID #:16
DANIEL AUERBACH and PATRICK CARNEY (collectively and professionally known as "THE BLACK KEYS"); THE BLACK KEYS PARTNERSHIP d/b/a MCMOORE MCLESST PUBLISHING; and BRIAN BURTON p/k/a DANGER MOUSE individually and d/b/a SWEET SCIENCE,
PLAINTIFF(S)
v.
CASE NUMBER
C1112-5386-fs THE HOME DEPOT, INC., a Delaware corporation; and DOES 1 — 10, inclusive,
DEFENDANT(S).
SUMMONS
Russell J. Frackman (SBN 4908p- [email protected] Christine Lepera (pro hac vice rron forthcoming) [email protected] Christina E. Djordjevich (SBN 262721) [email protected] MITCHELL SILBERBERG & KNUPP LLP 11377 West Olympic Blvd. Los Angeles, CA 90064-1683 Tel. (310) 312-2000; Fax (310) 312-3100
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
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 Z complaint 111 amended complaint El counterclaim 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, Russell J. Frackman, whose address is MITCHELL SILBERBERG & KNUPP, 11377 West Olympic Blvd., Los Angeles, California 90064-1683. 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.
"NJ! MCC
JUN 2 2012 Dated: By: Deputi Clerk
11:1C (Seal of the Court)
[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-01A (10/11 SUMMONS American LegaiNet, Inc. C,I) www.FormsWorkFlow.com
Case 2:12-cv-05386-RSWL-RZ Document 1 Filed 06/21/12 Page 14 of 16 Page ID #:17
UNITED STATES DISTRICT COURT, CENTRAL DISTRI CIVIL COVER SHEET
OF CALIFORNIA
I (a) PLAINTIFFS (Check box if you are representing yourself 0) Daniel Auerbach; Patrick Carney; The Black Keys Partnership d/b/a McMoore McLesst Publishing; Brian Burton p/k/a Danger Mouse individually and d/b/a Sweet Science
DEFENDANTS The Home Depot, Inc., a Delaware corporation; and Does 1 - 10, inclusive
Attorneys (If Known)
II. BASIS OF JURISDICTION (Place an X in one box only.)
0 1 U.S. Government Plaintiff Z 3 Federal Question (U.S.
III. CITIZENSHIP OF PRINCIPAL PARTIES - For Diversity Cases Only (Place an X in one box for plaintiff and one for defendant.)
PTF DEF PTF DEF Government Not a Party Citizen of This State 0 1 0 1 Incorporated or Principal Place 0
of Business in this State 4 0 zi
0 2 U.S. Government Defendant 0 4 Diversity (Indicate Citizenship of Parties in Item III)
Citizen of Another State 0 2 0 2 Incorporated and Principal Place 0 of Business in Another State
5 0 5
Citizen or Subject of a Foreign Country 0 3 0 3 Foreign Nation 0 6 D IV. ORIGIN (Place an X in one box only.)
Z 1 Original 0 2 Removed from 0 3 Remanded from 0 4 Reinstated or Proceeding State Court Appellate Court Reopened
o 5 Transferred from ancther district (specify): 0 6 Multi- 0 7 Appeal to Distric District Judge from Litigation Magistrate Judge
V. REQUESTED IN COMPLAINT: JURY DEMAND: E Yes 0 No (Check 'Yes' only if demanded in complaint.)
CLASS ACTION under F.R.C.P. 23:0 Yes Z No Z MONEY DEMANDED IN COMPLAINT: S
(b) Attorneys (Firm Name, Address and Telephone Number. If you are representing yourself, provide same.)
Russell J. Frackman Christine Lepera Christina E. Djordjevich Mitchell Silberberg & Knapp LLP 11377 W. Olympic Blvd., Los Angeles, CA 90064-1683 Tel. (310) 312-2000; Fax (310) 312-3100
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.)
Copyright infringement under 17 U.S.C. §§ 106 and 501 based on Defendants' unauthorized use of Plaintiffs' composition. VII. NATURE OF SUIT Place an X in one box only. )
• 892 Economic Stabilization Liability • 365 Personal Injury- • 444 Welfare • 862 Black Lung (923)
Act • 196 Franchise Product Liability • 445 American with • 630 Liquor Laws • 863 DIWC/DIWW
• 893 Environmental Matters REAL PROPERTY • 368 Asbestos Personal Disabilities — Employment
• 640 R.R.& Truck 405(g))
• 894 Energy Allocation Act • 210 Land Condemnation Injury Product Liability
IMMIGRATION
• 650 Airline Regs • 864 SSID Title XVI
• 895 Freedom of Info. Act • 220 Foreclosure • 446 American with • 660 Occupational • 865 RSI (405(g))
• 900 Appeal of Fee Deterrni- • 230 Rent Lease & Ejectment Disabilities — Other
Safety /Health FEDERAL TAX SUITS
nation Under Equal Access to Justice
• 240 Torts to Land • 462 Naturalizat ion • 690 Other • 870 Taxes (U.S. Plaintiff
U 245 Tort Product Liability Application • 440 Other Civil or Defendant)
Rights II 950 Constitutionality of State m 290 All Other Real Property • 463 Habeas Corpus- • 871 IRS-Third Party 26
Statutes
1,
Alien Detainee USC 7609 • 465 Other Immigration
tions
FOR OFFICE USE ONLY: Case Number: • GOP ■
AFTER COMPLETING THE FRONT SIDE OF FORM CV-71, COMPLETE THE INFORMATION REQUESTED BELOW.
CV-71 (05/08) PY CIVIL COVER SHEET
Page 1 of American LegalNet, Inc. VANN. FormsWorkflow.corn
Case 2:12-cv-05386-RSWL-RZ Document 1 Filed 06/21/12 Page 15 of 16 Page ID #:18
UNITED STATES DISTRICT COURT, CENTRAL DISTRItT OF CALIFORNIA CIVIL COVER SHEET
VIII(a). IDENTICAL CASES: Has this action been previously filed in this court and dismissed, remanded or closed? CEI No 0 Yes
If yes, list case number(s):
VIII(b). RELATED CASES: Have any cases been previously filed inthis court that are related to the present case? Z No 0 Yes
If yes, 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 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.
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:* Califomia County outside of this District; State, if other than California; or Foreign Country
' Plaintiff Brian Burton resides in Los Angeles County Plaintiff Daniel Auerbach resides in Tennessee Plaintiff Patrick Carney resides in Tennessee Plaintiff The Black Keys Partnership resides in Tennessee
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.
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 Foreign Country
Defendant Home Depot, Inc. resides in Los Angeles County
(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 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 Country
Los Angeles County
* Los Angeles, Orange, San Bernardino, Riverside, Ventura, Santa Barbara, or San Luis Obispo Counties Note: In land condemnation cases, use the location of ct of land i olved
X. SIGNATURE OF ATTORNEY (OR PRO PER): MI Date June 21, 2012
Notice to Counsel/Parties: The CV-71 (JS-44) Civil Cover Sheet and the information contained 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 1974, is required pursuant to Local Rule 3 -1 is 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 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, 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))
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 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))
863 DIWW All claims filed for widows orwidowers insurance benefits based on disability under Title 2 ofthe Social Security Act, as amended. (42 U.S.C. 405(g))
864 SSID All claims for supplemental security income payments based upon disability filed under Title 16 of the Social Security Act, as amended.
865 RSI All claims for retirement (old age) ard survivors benefits under Title 2 of the Social Security Act, as amended. (42 U.S.C. (g))
CV-7I (05/08) CIVIL COVER SHEET Page 2 of:
American LegaiNet, Inc. www.ForrnsWorkflow.com
(b)
County in this District:*
Case 2:12-cv-05386-RSWL-RZ Document 1 Filed 06/21/12 Page 16 of 16 Page ID #:19
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27
28 Mitchell Silberberg &
Knupp LLP
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RUSSELL J. FRACKMAN (SBN 49087) r . f msk.com
STINE LEPERA (pro hac vice motion forthcomingi ctl msk.com CH1JSTINA E. DJORDJEVICH (SBN 262721) cyd msk.com MITCHELL SILBERBERG & KNUPP LLP 11377 West Olympic Boulevard Los Angeles, California 90064-1683 Telephone: (310) 312-2000 Facsimile: (310) 312-3100
Attorneys for Plaintiffs
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
9
10
11
DANIEL AUERBACH and PATRICK CARNEY (collectively and rofessionally known as "THE BLACK
YS"); TFffi BLACK KEYS PARTNERSHIP d/b/a MCMOORE MCLESST PUBLISHING; and BRIAN BURTON p/k/a DANGER MOUSE individually and d/b/a SWEET SCIENCE,
Plaintiffs,
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COMPLAINT FOR COPYRIGHT INFRINGEMENT
DEMAND FOR JURY TRIAL
V.
PIZZA HUT, INC., a Delaware corporation; 30TH CENTURY MASTERS LLC, a Virginia limited liability company; THE MARTINAGENCY, INC., a Virginia corporation; THE INTERPUBLIC GROUP OF COMPANIES, INC., a Delaware corporation; and DOES 1 — 10, inclusive,
Defendants.
Plaintiffs Daniel Auerbach ("Auerbach") and Patrick Carney ("Carney")
(collectively and professionally known as "The Black Keys"), Plaintiff The Black
Keys Partnership d/b/a McMoore McLesst Publishing and Plaintiff Brian Burton
COMPLAINT FOR COPYRIGHT INFRINGEMENT 6089.1/42943-00000
Case 2:12-cv-05385-ODW-JC Document 1 Filed 06/21/12 Page 1 of 17 Page ID #:7
kddress: 24025 Park Sorrento Suite 130 Calabasas, CA 91302 United States
ail Certificate Wixen Music Publishing, Inc. Jennifer Suomi .24025 Park Sorrento Suite 130 Calabasas, CA 91302 United States
Exhibit A
Case 2:12-cv-05385-ODW-JC Document 1 Filed 06/21/12 Page 13 of 17 Page ID #:19
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 Otis D. Wright II and the assigned discovery Magistrate Judge is Jacqueline Chooljian.
The case number on all documents filed with the Court should read as follows:
CV12- 5385 ODW (JCx)
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).
Subsequent documents must be filed at the following location:
[X] 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
U Eastern Division 3470 Twelfth St., Rm. 134 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
Case 2:12-cv-05385-ODW-JC Document 1 Filed 06/21/12 Page 14 of 17 Page ID #:20
DANIEL AUERBACH and PATRICK CARNEY (collectively and professionally known as "THE BLACK KEYS"); THE BLACK KEYS PARTNERSHIP d/b/a MCMOORE MCLESST PUBLISHING; and BRIAN BURTON p/k/a DANGER MOUSE individually and d/b/a SWEET SCIENCE,
PLAINTIFF(S)
v. PIZZA HUT, INC., a Delaware corporation; 30TH CENTURY MASTERS LLC, a Virginia limited liability company; THE MARTIN AGENCY, INC., a Virginia corporation; THE INTERPUBLIC GROUP OF COMPANIES, INC., a Delaware corporation; and DOES 1 — 10, inclusive,
DEFENDANT(S).
CASE NUMBER
o To)
SUMMONS
Clerk, U.S. District C,urt ■ I
By: N-WY
1 of the Court)
lerk
Russell J. Frackman (SBN [email protected] Christine Lepera (pro hac vice &don forthcoming) [email protected] Christina E. Djordjevich (SBN 262721) [email protected] MITCHELL SILBERBERG & KNUPP LLP 11377 West Olympic Blvd. Los Angeles, CA 90064-1683 Tel. (310) 312-2000; Fax (310) 312-3100
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
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 Ej complaint I1] amended complaint ['counterclaim ILI 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, Russell J. Frackman, whose address is MITCHELL SILBERBERG & KNUPP, 11377 West Olympic Blvd., Los Angeles, California 90064-1683. 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.
ea JUN 2 1 2012 ICC = Dated:
6
ire CO
[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-01A (10/11 SUMMONS C) American LegalNet, Inc. ..
www.FormsWorkFlow.corn ' -
Case 2:12-cv-05385-ODW-JC Document 1 Filed 06/21/12 Page 15 of 17 Page ID #:21
UNITED STATES DISTRICT COURT, CENTRAL DISTRIOF CALIFORNIA CIVIL COVER SHEET
0 5 Transferred from ancther district (specify): 0 6 Multi- 0 7 Appeal to Distric District Judge from Litigation Magistrate Judge
CV-71 (05/08)0 American LegalNet, Inc. www.FormsWorkftow.com
Page 1 of:
I (a) PLAINTIFFS (Check box if you are representing yourself 0) Daniel Auerbach; Patrick Carney; The Black Keys Partnership d/b/a McMoore McLesst Publishing; Brian Burton p/k/a Danger Mouse individually and cl/b/a Sweet
Science
DEFENDANTS Pizza Hut, Inc.; 30th Century Masters LLC; The Martin Agency, Inc.; The Interpublic Group of Companies, Inc.; and Does 1 — 10, inclusive
Attorneys (If Known)
II. BASIS OF JURISDICTION (Place an X in one box only.)
0 1 U.S. Government Plaintiff Z 3 Federal Question (U.S.
III. CITIZENSHIP OF PRINCIPAL PARTIES - For Diversity Cases Only (Place an X in one box for plaintiff and one for defendant.)
PTF DEF PTF DEF Government Not a Party Citizen of This State 0 1 0 1 Incorporated or Principal Place
of Business in this State 0404
0 5 0 5 0 2 U.S. Government Defendant 0 4 Diversity (Indicate Citizenship of Parties in Item III)
Citizen of Another StAe 0 2 0 2 Incorporated and Principal Place of Business in Another State
Citizen or Subject of a Foreign Country 0 3 0 3 Foreign Nation 0606
(b) Attorneys (Firm Name, Address and Telephone Number. lfyou are representing yourself, provide same.) Russell J. Frackman
Christine Lepera
Christina A. Djordjevich
Mitchell Silberberg & Knupp LLP 11377 W. Olympic Blvd., Los Angeles, CA 90064-1683 Tel. (310) 312-2000; Fax (310) 312-3100
IV. ORIGIN (Place an X in one box only.)
Z 1 Original 0 2 Removed from 0 3 Remanded from 0 4 Reinstated or Proceeding State Court Appellate Court Reopened
V. REQUESTED IN COMPLAINT: JURY DEMAND: [2] Yes 0 No (Check 'Yes only if demanded in complaint)
CLASS ACTION under F.R.C.P. 23:0 Yes Z No Z 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 diversity.) Copyright infringement under 17 U.S.C. §§ 106 and 501 based on Defendants' unauthorized use of Plaintiffs' composition. VII. NATURE OF SUIT Place an X in one box only. )
OTHER STATUTES 400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce/ICC
Act 893 Environmental Matters 894 Energy Allocation Act 895 Freedom of Info. Act 900 Appeal of Fee Determi-
nation Under Equal Access to Justice
950 Constitutionality of State Statutes
coNTRAcr 110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of
Overpayment & Enforcement of Judgment
151 Medicare Act 152 Recovery of Defaulted
Student Loan (Excl. Veterans)
153 Recovery of Overpayment of Veteran's Benefits
160 Stockholders' Suits 190 Other Contract 195 Contract Product
Liability 196 Franchise .
REAL PROPERTY 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property
•
TORTS" PERSONAL INJURY
310 Airplane 315 Airplane Product
Liability 320 Assault, Libel &
Slander 330 Fed. Employers'
Liability 340 Marine 345 Marine Product
Liability 350 Motor Vehicle 355 Motor Vehicle
Product Liability 360 Other Personal
Injury 362 Personal Injury-
Med Malpractice 365 Personal Injury-
Product Liability 368 Asbestos Personal
Injury Product Liability
IM MIGRATION tu at 462 Naturalization
Application App 463 Habeas Corpus-
Alien Detainee 465 Other Immigration
Actions
TORTS. " PERSONAL
PRISONER PETITIONS
510 Motions to Vacate Sentence Habeas Corpus
530 General 535 Death Penalty 540 Mandamus/
Other 550 Civil Rights 555 Prison Condition FORFEITURE/
AFTER COMPLETING THE FRONT SIDE OF FORM CCLIII049Lin THIHNIIP6RffiAbNitEQUESTED BELOW. CIVIL COVER SHEET
Case 2:12-cv-05385-ODW-JC Document 1 Filed 06/21/12 Page 16 of 17 Page ID #:22
County in this District:*
Los Angeles County
California County outside of this District; State, if other than California; or Foreign Country
X. SIGNATURE OF ATTORNEY (OR PRO PER): Date June 21, 2012
* Los Angeles, Orange, San Bernardino, Riverside, Ventura, Santa Barbara, or San Luis Obispo Counties Note: In land condemnation cases, use the location of thract of land i Iv
UNITED STATES DISTRICT COURT, CENTRAL DISTRI OF CALIFORNIA CIVIL COVER SHEET
VIII(a). IDENTICAL CASES: Has this action been previously filed in this court and dismissed, remanded or closed? El No 0 Yes
If yes, list case number(s):
VIII(b). RELATED CASES: Have any cases been previously filed inthis court that are related to the present case? El No 0 Yes
If yes, 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 determination of the same or substantially related or similar questions of law and fact; or 0 C. For other reasons v‘ould 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.
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 Country
Plaintiff Brian Burton resides in Los Angeles County
Plaintiff Daniel Auerbach resides in Tennessee Plaintiff Patrick Carney resides in Tennessee Plaintiff The Black Keys Partnership resides in Tennessee
(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. 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 of this District; State, if other than California; or Foreign Country
All Defendants reside in Los Angeles County
(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 arose. Note: In land condemnation cases, use the location of the tract of land involved.
Notice to Counsel/Parties: The CV-7I (JS-44) Civil Cover Sheet and the information contained 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 1974, is required pursuant to Local Rule 3 -1 is 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 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, 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))
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 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))
863
DIWW
All claims filed for widows orwidowers insurance benefits based on disability under Title 2 ofthe Social Security Act, as amended. (42 U.S.C. 405(g))
864
SSID
All claims for supplemental security income payments based upon disability filed under Title 16 of the Social Security Act, as amended.
865
RSI
All claims for retirement (old age) ard survivors benefits under Title 2 of the Social Security Act, as amended. (42 U.S.C. (g))
CV-71 (05/08) CIVIL COVER SHEET Page 2 of: American LegalNet, Inc. VAW1. FormsWor*flow.corn
Case 2:12-cv-05385-ODW-JC Document 1 Filed 06/21/12 Page 17 of 17 Page ID #:23