H. MICHAEL BRUCKER LAW CORPORATION H. … · Defendant Shanghai Oriland Toys Co., Ltd. (“SOTC”) is an entity the precise nature of which is unknown to Plaintiff and whose principal

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AND TRANSFER No. 07 CV 1768 BEN CAB

H. MICHAEL BRUCKER LAW CORPORATION H. MICHAEL BRUCKER (#36297) 5855 DOYLE STREET, SUITE 110 EMERYVILLE, CA 94608 Telephone: (510) 654-6200 Facsimile: (510) 654-6166 E-Mail: [email protected] STEVEN M. KIPPERMAN LAW CORPORATION STEVEN M. KIPPERMAN (#40895) 220 Montgomery St., Ste. 1077 San Francisco, CA 94104 Telephone: (415) 397-8600 Facsimile: (415) 397-0792 E-Mail: [email protected] Counsel for Plaintiff Folkmanis, Inc.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

FOLKMANIS, INC., Plaintiff, vs. DELIVERY AGENT, INC.; S.F. GLOBAL SOURCING LLC; CBS BROADCASTING, INC. and SHANGHAI ORILAND TOYS CO., LTD., Defendants.

Case No.

Complaint for Copyright Infringement Demand for Jury Trial

Case3:14-cv-03828 Document1 Filed08/25/14 Page1 of 11

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Complaint Case No.

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NATURE OF ACTION

1. This is an action for copyright infringement under the Copyright Act,

Title 17 of the United States Code.

PARTIES

2. Plaintiff Folkmanis, Inc. (“Folkmanis”) is a corporation duly organized

and existing under the laws of the State of California with its principal place of

business in Alameda County, California.

3. Defendant Delivery Agent, Inc. (“DA”) is a corporation duly

organized and existing under the laws of the State of Delaware with its principal

place of business in San Francisco, California.

4. Defendant S.F. Global Sourcing LLC (“SFGS”) is a California limited

liability company with its principal place of business in San Francisco, California.

5. Defendant CBS Broadcasting, Inc. (“CBS”) is a corporation duly

organized and existing under the laws of the State of New York qualified to do and

doing business in California in part through its agent, DA, in San Francisco,

California, and elsewhere.

6. Defendant Shanghai Oriland Toys Co., Ltd. (“SOTC”) is an entity the

precise nature of which is unknown to Plaintiff and whose principal place of

business is in Shanghai, China.

7. SOTC does business in California by, inter alia, taking orders from,

and shipping product to and at the direction of, SFGS, including items which

infringe Plaintiff’s copyrights.

JURISDICTION AND VENUE

8. This Court has subject matter jurisdiction under 17 U.S.C. § 101 et

seq.; 28 U.S.C. § 1331 (federal question); and 28 U.S.C. § 1338(a) (copyright).

9. This Court has personal jurisdiction over the Defendants, and venue in

this District is proper under 28 U.S.C. § 1391(b) and 28 U.S.C. § 1400(a), in that

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Complaint Case No.

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Defendants DA and SFGS reside and are found in this District, and acts of

infringement complained of herein by each Defendant occurred in this District.

INTRADISTRICT ASSIGNMENT

10. This action is an “intellectual property” action within the meaning of

Local Rule 3-2(c) and (d), and is therefore appropriate for district-wide assignment.

11. Plaintiff and its witnesses are in Alameda County; the primary

Defendants and their witnesses are in San Francisco County.

FACTS

12. Plaintiff Folkmanis is a creator, manufacturer and distributor of high

quality, three-dimensional soft sculptural works, including stuffed animal puppets

of original design. Over the past four decades, Folkmanis artists have designed and

crafted over a thousand different plush, museum quality stuffed animal puppets

crafted from the finest materials. These puppets have found widespread acceptance

throughout the world, including as characters on television programs including

programs published by Defendant CBS. Over the years, Folkmanis puppets have

garnered numerous awards in recognition of outstanding creativity, craftsmanship,

and quality. A Folkmanis puppet sets the standard of excellence against which all

others are measured.

13. Defendant CBS produces, distributes, and airs the television series

NCIS (Navel Criminal Investigation Service) and owns, inter alia, the U.S.

Trademark Registration No. 4579206 for the service mark CBS STORE, for use in

connection with on-line retail store services featuring a wide variety of merchandise

including that related to CBS properties such as NCIS.

14. DA operates various on-line “stores” for various entities including

CBS and NBC, among others. DA is authorized to operate the CBS Store by CBS

which allows DA to operate under CBS’ CBS STORE service mark. Through the

CBS Store, DA advertises, takes orders for, and sells merchandise related to CBS

Case3:14-cv-03828 Document1 Filed08/25/14 Page3 of 11

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Complaint Case No.

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entertainment properties, such as the television show “NCIS”. CBS is paid by its

agent, DA, a portion of the sales revenue from CBS Store sales.

15. SFGS specializes in sourcing products from China for various

California businesses including DA.

16. Defendant SOTC has, without authorization, copied, manufactured and

distributed goods into California that violate Plaintiff’s exclusive rights to make

copies and distribute such goods.

17. In 2002, Plaintiff commenced production and general distribution of

an original, 20-inch, three-dimensional, soft sculptural puppet emulating a

hippopotamus (“Hippo 1”).

18. In 2003, a Hippo 1 puppet was acquired by and used by Defendant

CBS as a prop in more than a dozen episodes of its nationally distributed television

show NCIS. When Hippo 1 appeared on the CBS NCIS show, it was often

accompanied by a dubbed sound effect of a fart attributable to the Hippo 1 puppet,

and the show puppet was referred to and came to be known as “Bert the Farting

Hippo”. Bert the Farting Hippo has appeared in more than a dozen episodes of the

CBS NCIS show between 2003 and the present.

19. In 2006, Folkmanis retired Hippo 1 puppets from its line of

merchandise.

20. In 2009, Plaintiff commenced production and general distribution of

an 18-inch version of the Hippo 1 puppet (“Hippo 2” puppet) which was identical

to the Hippo 1 puppet in every respect other than it was approximately ten percent

smaller. In 2009, Folkmanis obtained and currently owns U.S. Copyright

Registration No. VA 1-699-828 for its Hippo 2 puppet as a “sculpture/3-D

artwork”.

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Complaint Case No.

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21. By 2010, about six months after Folkmanis introduced the Hippo 2

puppet into its line, Defendants CBS and DA had surmised that a hippo puppet

would be a profitable product to offer for sale on the CBS Store.

22. DA contacted Folkmanis and contracted to have a special edition of

the Hippo 2 puppet made exclusively for DA and CBS. The special edition Hippo

2 puppet (“Hippo 2.1” puppet) is identical to the Hippo 2 puppet with the addition

of a spiked choke collar and a sound box that emulates the sound of a fart. The

copyrightable subject matter of the Hippo 2.1 puppet is identical to the

copyrightable subject matter of the Hippo 2 puppet. DA and CBS sold Hippo 2.1

puppets, inter alia, on the CBS Store under the name “Bert the Farting Hippo”.

Below is a typical add for “Bert the Farting Hippo” appearing on the on-line CBS

Store.

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Complaint Case No.

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23. From 2010 to sometime in 2012, DA ordered hippo puppets

exclusively from Folkmanis, who supplied approximately 30,000 Hippo 2.1

puppets in that time period. DA and CBS offered Hippo 2.1 puppets, together with

related merchandise, for sale on its online CBS Store, as well as on other online

stores, including without limitation, the NBC Store, Amazon, eBay, and others.

24. In 2011, with profitable sales of Bert the Farting Hippo occurring, DA

requested that Folkmanis design a small soft sculpture hippo that looked like the

Hippo 2.1 puppet but was smaller, not a puppet and connected to a key ring to form

a keychain to be sold by DA and CBS on the CBS Store. In response, Folkmanis

created an original, three-dimensional soft sculptural work emulating a hippo,

similar to the Hippo 2.1 puppet (including a sound box and collar) to be used as

part of a keychain (“Hippo KC”).

25. On July 18, 2014, before filing suit, Folkmanis applied for a copyright

registration of its Hippo KC original work. That application is pending.

26. From 2011 to sometime in 2012, DA ordered and received several

thousand Hippo KC keychains from Folkmanis that were sold by DA and CBS on

the CBS Store and other online stores. In addition, DA offered and sold

merchandise relating to Hippo 2.1 puppets and Hippo KC keychains on the CBS

Store, as well as on other online stores.

27. In 2012, an employee of DA, without authorization from Folkmanis,

contracted with Defendant SFGS to procure hippo puppets and hippo keychains

from China for DA and CBS to sell on the CBS Store and elsewhere. Thereafter,

DA did not place any further orders from Folkmanis for hippo puppets or hippo

keychains.

28. In 2012, SFGS, acting for DA –– which was acting for itself, for the

CBS Store, and for Defendant CBS –– contracted with Defendant SOTC in China

to have hippo puppets and hippo keychains made and shipped to California, in at

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Complaint Case No.

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least some instances directly to DA. The hippo puppets and hippo keychains made

and distributed by SOTC to SFGS, sold and distributed by SFGS to DA, and sold

and distributed by DA and CBS to customers, are slavish copies of Folkmanis’

copyrighted Hippo 2 puppet and Folkmanis’ copyrighted Hippo KC keychains.

29. The unauthorized manufacture, distribution, display, and sale of the

SOTC-manufactured hippo puppets and hippo keychains by SOTC, SFGS, DA, and

CBS infringe the exclusive copyrights of Plaintiff.

30. Every genuine Folkmanis Hippo 2 puppet, Hippo 2.1 puppet, and

Hippo KC keychain has a sewn in tag that prominently displays a copyright notice

that reads:

“© Folkmanis, Inc. All rights reserved.”

31. The infringement by SOTC, SFGS, CBS, and DA was and is willful.

FIRST CLAIM FOR RELIEF

32. Plaintiff incorporates as though here fully set forth the allegations of

Paragraphs 11-31 above;

33. The acts and conduct of Defendants constitute copyright infringement

of Plaintiff’s copyright in its Hippo 2 puppet evidenced by Registration VA-699-

828.

SECOND CLAIM FOR RELIEF

34. Plaintiff incorporates as though here fully set forth the allegations of

Paragraphs 12-31 above;

35. The acts and conduct of Defendants constitute copyright infringement

of Plaintiff’s copyright in it Hippo KC keychain evidenced by Plaintiff’s

Registration Application filed July 18, 2014.

///

///

///

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Complaint Case No.

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DAMAGE ALLEGATIONS

COMMON TO BOTH CLAIMS FOR RELIEF

36. In addition to selling hippo puppets and hippo keychains that directly

infringe Plaintiff’s copyrights, Defendants DA and CBS caused to be made, and

sold, displayed, and distributed — and Defendants SFGS and SOTC contributed to

the sales, display, and distribution of — other merchandise, some of which

constitute derivative works sold in violation of Plaintiff’s exclusive right to make

derivative works, and some of which did not infringe but which garnered revenue

as a result of the infringements.

37. With regard to the directly infringing works and derivative works,

Plaintiff is entitled to Defendants' profits according to proof which are estimated at

this time to be approximately $733,000.00.

38. With regard to the profits from the sale of other merchandise sold and

distributed by DA and CBS due to the unauthorized use of infringing copies of

Plaintiff’s copyrighted works, Plaintiff is entitled to a portion of those profits

according to proof.

PRAYER

Plaintiff requests the following relief:

1. Judgment against Defendants and each of them, jointly and severally,

in a sum equal to all profits made by the manufacture, display, sale and distribution

of infringing copies and derivative works of Plaintiff’s copyrighted works.

2. Judgment against Defendants and each of them, jointly and severally,

in a sum equal to a reasonable and fair share of the profits made from non-

infringing goods by making use of infringing copies of Plaintiff’s copyrighted

works.

3. That Defendants, and each of them, their agents, officers, employees,

representatives, successors, assigns, attorneys and all other persons acting for, with,

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Complaint Case No.

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by, through or under authority from any of them, and each of them, be preliminarily

and permanently enjoined from: (a) copying, reproducing, manufacturing,

duplicating, disseminating, or distributing copies of any Folkmanis copyrighted

pictorial, graphic, sculptural, or visual art work (or product embodying such art

work) or otherwise infringing any of Folkmanis’ rights under 17 U.S.C. §101 et

seq.

4. That Defendants, and each of them be ordered to deliver up for

destruction all Infringing Merchandise and all other products, containers, labels,

signs, prints, packages, wrappers, receptacles, advertising, promotional material or

the like in possession, custody or under the control of any of them found to infringe

Folkmanis’ copyrights rights, as well as all plates, matrices, molds, files, artwork,

or other means of making the same;

5. That Defendants, and each of them be required to file with the Court

and serve on Folkmanis within thirty (30) days after entry of the Injunction, a report

in writing under oath setting forth in detail the manner and form in which

Defendants and each of them has complied with the Injunction;

6. That Defendants, and each of them be held liable for all enhanced,

statutory, or actual damages (including but not limited to Folkmanis’ lost profits) to

which Folkmanis is entitled as a result of the acts and omissions alleged herein;

7. That Defendants, and each of them be compelled to account to

Folkmanis for any and all profits derived by Defendants, and each of them from its

illegal acts complained of herein;

8. That the Court award Folkmanis its full costs and reasonable

attorneys’ fees pursuant to 17 U.S.C. § 505;

9. That the Court grant Folkmanis any other remedy to which it may be

entitled as provided for in Title 17 of the United States Code; and

///

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Complaint Case No.

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10. For such and other further relief that the court deems just and proper.

Dated: August 25, 2014

H. Michael Brucker Law Corporation Steven M. Kipperman Law Corporation /s/ H. Michael Brucker H. Michael Brucker Law Corporation H. Michael Brucker Counsel for Plaintiff

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Complaint Case No.

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DEMAND FOR JURY TRIAL Plaintiff FOLKMANIS demands a jury trial.

Dated: August 25, 2014

H. Michael Brucker Law Corporation Steven M. Kipperman Law Corporation /s/ H. Michael Brucker H. Michael Brucker Law Corporation H. Michael Brucker Counsel for Plaintiff

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JS 44 (Rev. 12/12) cand rev (1/15/13) CIVIL COVER SHEETThe 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, except asprovided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for thepurpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS DEFENDANTS

(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)

II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff(For Diversity Cases Only) and One Box for Defendant)

’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEFPlaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4

of Business In This State

’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6 Foreign Country

IV. NATURE OF SUIT (Place an “X” in One Box Only)CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES

’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 625 Drug Related Seizure ’ 422 Appeal 28 USC 158 ’ 375 False Claims Act’ 120 Marine ’ 310 Airplane ’ 365 Personal Injury - of Property 21 USC 881 ’ 423 Withdrawal ’ 400 State Reapportionment’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 ’ 410 Antitrust’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 430 Banks and Banking’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS ’ 450 Commerce

& Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 460 Deportation’ 151 Medicare Act ’ 330 Federal Employers’ Product Liability ’ 830 Patent ’ 470 Racketeer Influenced and’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 840 Trademark Corrupt Organizations

Student Loans ’ 340 Marine Injury Product ’ 480 Consumer Credit (Excludes Veterans) ’ 345 Marine Product Liability LABOR SOCIAL SECURITY ’ 490 Cable/Sat TV

’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) ’ 850 Securities/Commodities/ of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud Act ’ 862 Black Lung (923) Exchange

’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) ’ 890 Other Statutory Actions’ 190 Other Contract Product Liability ’ 380 Other Personal Relations ’ 864 SSID Title XVI ’ 891 Agricultural Acts’ 195 Contract Product Liability ’ 360 Other Personal Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) ’ 893 Environmental Matters’ 196 Franchise Injury ’ 385 Property Damage ’ 751 Family and Medical ’ 895 Freedom of Information

’ 362 Personal Injury - Product Liability Leave Act Act Medical Malpractice ’ 790 Other Labor Litigation ’ 896 Arbitration

REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 791 Employee Retirement FEDERAL TAX SUITS ’ 899 Administrative Procedure’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: Income Security Act ’ 870 Taxes (U.S. Plaintiff Act/Review or Appeal of ’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee or Defendant) Agency Decision’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party ’ 950 Constitutionality of’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 State Statutes’ 245 Tort Product Liability Accommodations ’ 530 General’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION

Employment Other: ’ 462 Naturalization Application’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration

Other ’ 550 Civil Rights Actions’ 448 Education ’ 555 Prison Condition

’ 560 Civil Detainee - Conditions of Confinement

V. ORIGIN (Place an “X” in One Box Only)

’ 1 OriginalProceeding

’ 2 Removed fromState Court

’ 3 Remanded fromAppellate Court

’ 4 Reinstated orReopened

’ 5 Transferred fromAnother District(specify)

’ 6 MultidistrictLitigation

VI. CAUSE OF ACTIONCite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): Brief description of cause:

VII. REQUESTED IN COMPLAINT:

’ CHECK IF THIS IS A CLASS ACTIONUNDER RULE 23, F.R.Cv.P.

DEMAND $ CHECK YES only if demanded in complaint:JURY DEMAND: ’ Yes ’ No

VIII. RELATED CASE(S) IF ANY (See instructions):

JUDGE DOCKET NUMBERDATE SIGNATURE OF ATTORNEY OF RECORD

IX. DIVISIONAL ASSIGNMENT (Civil L.R. 3-2)

(Place an “X” in One Box Only) ( ) SAN FRANCISCO/OAKLAND ( ) SAN JOSE ( ) EUREKA

Case3:14-cv-03828 Document1-1 Filed08/25/14 Page1 of 2

JS 44 Reverse (Rev. 12/12)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers asrequired by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, isrequired for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk ofCourt for each civil complaint filed. The attorney filing a case should complete the form as follows:

I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title.

(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)

(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, notingin this section "(see attachment)".

II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X" in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked.Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity cases.)

III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark thissection for each principal party.

IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most definitive.

V. Origin. Place an "X" in one of the six boxes.Original Proceedings. (1) Cases which originate in the United States district courts.Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition for removal is granted, check this box.Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date.Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers.Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box is checked, do not check (5) above.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.

Case3:14-cv-03828 Document1-1 Filed08/25/14 Page2 of 2

I (c) Attorneys H. Michael Brucker H. Michael Brucker Law Corp. 5855 Doyle Street, Suite 110 Emeryville, CA 94608 (510) 654-6200 (Phone) Steven M. Kipperman Steven M. Kipperman Law Corp. 220 Montgomery St., Ste. 1077 San Francisco, CA 94104 (415) 397-8600 (Phone)

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