Case 2:16-cv-02364 Document 1 Filed 04/06/16 Page 1 of 10 Page ID #:1

1 BUCHALTER NEMER
A Professional Comoration
2 MICHAEL L. MEEKS (SBN: 172000)
LOUISE TRUONG (SBN: 293811)
3 18400 Von Karman Avenue, Suite 800
Irvine CA 92612-0514
4 Telephone: (949) 760-1121
Fax: (949) 720-0182
5 Email: mmeeks@buchalter.com

6 Attorneys for Plaintiffs

7 AG GLOBAL PRODUCTS, LLC, a California limited liability company; and
FHI BRANDS, LLC, a Delaware limited liability company
8
9

UNITED STATES DISTRICT COURT

10

CENTRAL DISTRICT OF CALIFORNIA

11

AG GLOBAL PRODUCTS, LLC, a

California limited liabili!Y company; and
12 FHI BRANDS, LLC, a Delaware hmited
liability company,
13
Plaintiffs ,
14
vs.
15
SALLY BEAUTY HOLDINGS INC. a
16 Delaware cor2oration; SALLY BEAUTY
SUPPLY, LLC, a Delaware limited
17 liab!Jity c9mpany; and DOES 1 through
10, mc1usiVe,
18
Defendants.
19

Case No. - - - -

COMPLAINT FOR

I~

PATENT INFRINGEMENT
2 LANHAM ACT TRADE DRESS
FRINGE ME NT

JURY TRIAL DEMAND

20

Plaintiffs AG Global Products, LLC, a California limited liability company

21

and FHI Brands, LLC, a Delaware limited liability company Uointly "Plaintiffs")

22 hereby assert the following claims for relief against defendants Sally Beauty
23

Holdings, Inc., a Delaware corporation and Sally Beauty Supply, LLC, a Delaware

24 limited liability company Uointly "Sally Beauty") as follows:

JURISDICTION AND VENUE

25
26

1.

This is an action for patent infringement arising under the Patent Laws

27 of the United States, 35 U.S.C. 1 et seq. In addition, Plaintiffs assert a claim for
28 trade dress infringement arising out of the same infringing hair brush pursuant to 15
BUCHALTER NEMER
A P ROFE55IONAL CoRPORATION
I RVIN[

COMPLAINT
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Case 2:16-cv-02364 Document 1 Filed 04/06/16 Page 2 of 10 Page ID #:2

1 U.S.C. 1051, et seq. (the "Lanham Act"). The court has subject matter
2 jurisdiction over this action pursuant to 28 U.S.C. 1331 and 1338.
3

2.

Plaintiffs are informed and believe, and based thereon allege, that the

4 court has personal jurisdiction over Sally Beauty because it has done substantial
5 business in this judicial district, including: ( 1) committing acts of patent
6 infringement and/or contributing to or inducing acts of patent infringement by
7 others in this district and elsewhere in California; (2) regularly conducting business
8 in California and this judicial district; (3) directing advertising to and/or soliciting
9 business from persons residing in California and this judicial district; and (4)
10 engaging in other persistent courses of conduct, and/or deriving substantial revenue
11

12
13

from infringing products provided to persons in California and this judicial district.
3.

1400(b) based upon the foregoing facts.

14
15

Venue is proper in this Court pursuant to 28 U.S.C. 1391 and

THE PARTIES
4.

Plaintiff AG Global Products, LLC is a limited liability company

16 formed and existing under the laws of the State of California. Its principal place of
17 business is located in Los Angeles County, California. From about June 24, 2014
18 through January 2016, AG Global Products, LLC sold its Stylus hair brush with
19 EZ-Hold ridged tip, heated collared bristles, and ergonomic no-slide handle (the
20 "Stylus"). The Stylus has a unique shape and appearance which is protected both as
21

trade dress because it identifies the source of the Stylus to consumers and pursuant

22 to a design patent. The Stylus was sold under the brand FHI Heat. AG Global
23

Products, LLC is the assignee and owner of the United States Design Patent No. US

24 D750384 ("the '384 Patent") covering the ornamental design of a hair brush handle,
25 back, and tip. A true and correct copy of the '384 Patent is attached hereto as
26 Exhibit 1.
27

5.

PlaintiffFHI Brands, LLC is a limited liability company formed and

28 existing under the laws of the State of Delaware. FHI Brands, LLC is a related
BUCHALTER NEMER

A r RorEsstoNAL CoRPoRATioN
l a~tN

COMPLAINT
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Case 2:16-cv-02364 Document 1 Filed 04/06/16 Page 3 of 10 Page ID #:3

1 entity to AG Global Products, LLC. In January 2016, AG Global Products, LLC

2 transferred the trade dress rights to the Stylus to FHI Brands, LLC which continues
3 to sell the Stylus with the same trade dress.
4

6.

Plaintiffs are in the business of promoting and selling beauty products

5 including hair brushes in direct competition with Defendants.

6

7.

Plaintiffs are informed and believe, and based thereon allege, that

7 defendant Sally Beauty Holdings, Inc. is a corporation formed under the laws of the
8 State of Delaware with its principal place of business in Denton, Texas. Plaintiffs
9 are further informed and believes, and based thereon alleges, that Sally Beauty
10 Holdings, Inc. is the principal owner and member of defendant Sally Beauty
11

Supply, LLC. Plaintiffs are also informed and believes, and based thereon alleges,

12 that Sally Beauty Holdings, Inc. manages and controls Sally Beauty Supply, LLC
13 and participated in the infringement of the '384 Patent described herein. Plaintiffs
14 are informed and believe that Sally Beauty Holdings, Inc. either directly or through
15 its control over other entities operates beauty supply stores and internet websites in
16 the business of selling beauty supplies including the infringing hair brush described
17 below and thereby infringes and/or contributory infringes the '384 Patent.
18

8.

Plaintiffs are informed and believe, and based thereon allege, that

19 defendant Sally Beauty Supply, LLC is a limited liability company created and
20 existing under the laws of the State of Delaware with its principal place of business
21

in Richardson, Texas. Plaintiffs are informed and believe that the relationship

22 between Sally Beauty Supply, LLC and Sally Beauty Holdings, Inc. is that set forth
23

above. Plaintiffs are informed and believe, and based thereon allege, that Sally

24 Beauty Supply, LLC either directly or through its control over other entities
25 operates beauty supply stores and internet websites in the business of selling beauty
26 supplies including the infringing hair brush described below and thereby infringes
27 and/or contributorily infringes the '384 Patent.
28

9.

BUCHALTER NEMER

Plaintiffs are presently unaware of the true names of the Defendants

A r aoFU$1DNAL CORPOIIATIOI'<I

I ll\ IN

COMPLAINT
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Case 2:16-cv-02364 Document 1 Filed 04/06/16 Page 4 of 10 Page ID #:4

1 identified in the Complaint under the fictitious names DOES 1-10. On information
2 and belief, DOES 1-10 are infringing, contributorily infringing, the '384 Patent and
3 Plaintiffs trade dress, and confusingly similar variations thereof as set forth below.
4 Plaintiffs will amend its Complaint to identify the names of the DOE Defendants as
5 they are discovered.
FACTUAL ALLEGATIONS

6
7

10.

Plaintiffs designed and sell the Stylus, with its EZ-hold ridged tip,

8 heated collared bristles, and ergonomic no-slide handle. The Stylus has a unique
9 ornamental design protected by the '384 Patent. The unique design of the Stylus
10 also served as trade dress identifying the Stylus as coming from a single source to
11
12

consumers.
11.

Plaintiffs made and sold the Stylus prior to Sally Beauty placing its

13 competing heated hair brush, the Titanium Thermal Styling Brush (the "Infringing
14 Brush"), on the market. Plaintiffs Stylus has unique features and consumers
15 identify those features with a single source of the hair brush. These unique features
16 are protected by both the '3 84 Patent as well as trade dress under the Lanham Act.
17 The unique features include a stylized handle, back ribs, and tapered ends, as shown
18 below:
19

Front

20
21
22
23
24
25
26
27
28

Back

BUCHALTER NEMER

A r aonuJoNAL CoRroRATJON
I RVINE

COMPLAINT
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Case 2:16-cv-02364 Document 1 Filed 04/06/16 Page 5 of 10 Page ID #:5

12.

Sally Beauty's Infringing Brush copies the look and feel of Plaintiffs

2 Stylus hair brush and infringes elements of the '384 Patent. The elements from the
3 Infringing Brush that infringe the '384 Patent include (a) it uses the same stylized
4 handle, (b) it uses identical back ribs, and (c) it uses the same tapered ends. The
5 specific elements of infringement are identified in the images below from the '384
6 Patent (Black & White) and the Infringing Brush (color):
7

BRUSHES VIEWED FROM FRONT

8
9
10
11

12
13
14
15
16
17
18

BRUSHES VIEWED FROM THE SIDE

19
20
21
22
23
24
25
26
27
28
B UCHALTER NEMER

A PROFESSIONAL CoRPORATION
IRVINE

COMPLAINT
BN 20510712v2

Case 2:16-cv-02364 Document 1 Filed 04/06/16 Page 6 of 10 Page ID #:6

BRUSHES VIEWED FROM THE BACK

2
3
4
5
6
7
8
9
10
11

BRUSHES VIEWED FROM THE END

12
13

tanered grips

14
15
16
17

13.

As demonstrate by the foregoing images comparing Plaintiffs'

18 patented design for its Stylus hair brush with the Infringing Brush, there are
19 numerous elements protected both under the '3 84 Patent and as Plaintiffs' trade
20 dress. The foregoing elements were unique to Plaintiffs' hair brush prior to Sally
21

Beauty's infringement.

22

FIRST CLAIM FOR RELIEF

23

PATENT INFRINGEMENT

24

14.

Plaintiffs hereby incorporate all of the allegations set forth in

25 paragraphs 1 through 13 above, as if set for in full herein.

26

15.

Plaintiffs are informed and believe, and on that basis allege, that Sally

27 Beauty had notice of the existence of the '3 84 Patent.

28

16.

BUCHALTER NEMER
A

Plaintiffs are informed and believe, and based thereon allege, that
6

r ltoFU510SAL Coi~OIIATION

I ItVlN!

COMPLAINT
BN 205107 12v2

Case 2:16-cv-02364 Document 1 Filed 04/06/16 Page 7 of 10 Page ID #:7

1 Sally Beauty's Infringing Brush infringes each of the elements of the '384 Patent
2 identified in the figures set forth above. Plaintiffs are further informed and believe,
3 and based thereon allege, that Sally Beauty has infringed the '384 Patent by
4 developing, making, using, offering to sell, selling and/or importing the Infringing
5 Brush; and/or actively inducing others to infringe the '384 Patent.
17.

Plaintiffs have sustained damages and will continue to sustain damages

7 as a result of the acts of infringement alleged above.

18.

Plaintiffs are entitled to recover damages sustained as a result of Sally

9 Beauty's infringement and other wrongful acts. Plaintiffs are further entitled to
10 disgorgement of all of Sally Beauty's wrongfully obtained revenues arising from its
11

sale of the Infringing Brush.

12
13

19.

Plaintiffs are informed and believe, and based thereon allege, that

Sally Beauty willfully infringed the '384 Patent and is thereby entitled to increased

14 damages and attorney's fees. Plaintiffs are also entitled to injunctive reliefbarring
15

Sally Beauty from further infringing the '384 Patent.

16

SECOND CLAIM FOR RELIEF

17

TRADE DRESS INFRINGEMENT (LANHAM ACT)

18

20.

Plaintiffs reallege all of the allegations set forth in paragraphs 1

19 through 19, above, as if set forth in full herein.

20
21

21.

Plaintiffs have manufactured, advertised, distributed, marketed,

promoted and offered their hair brush covered by the '384 Patent since about June

22 24, 2014. Plaintiffs are informed and believe, and based thereon allege, that
23

consumers recognize the features of the Stylus hair brush as coming from a unique

24 source which is Plaintiffs.

25

22.

Plaintiffs are informed and believe, and based thereon allege, that

26 Sally Beauty's Infringing Brush uses the look and feel of Plaintiffs Stylus hair
27 brush and is likely to cause confusion as to the source of the brush with Plaintiffs
28 brush.
BUCHALTER NEMER

A r RoFtssloNAL coarokATtoN
I M\'INE

COMPLAINT
BN 20510712v2

Case 2:16-cv-02364 Document 1 Filed 04/06/16 Page 8 of 10 Page ID #:8

23.

Plaintiffs are informed and believe, and based thereon allege, that

2 Sally Beauty knew of the considerable commercial success of Plaintiffs' Stylus

3 brush and that Sally Beauty willfully used the look and feel of Plaintiffs' Stylus
4 brush's trade dress in connection with the sale, offering for sale, distribution and/or
5 advertising of the Infringing Brush in a manner likely to cause confusion, or to
6 cause mistake, or to deceive customers that Sally Beauty's Infringing Brush are
7 products from Plaintiffs or otherwise associated with or authorized by Plaintiffs.
8

24.

Sally Beauty's conduct described above constitutes trade dress

9 infringement in violation of 15 U.S.C. 1125.

10
11

25.

The actions of Sally Beauty, if not enjoined, will continue. Plaintiffs

have suffered and continue to suffer damages in an amount to be proven at trial.

12 Plaintiffs are further entitled to injunctive relief to prevent Sally Beauty's

13

infringement.

14

26.

Pursuant to 15 U.S.C. 1117 and 1125, Plaintiffs are entitled to

15 recover damages, profits made by Sally Beauty and the costs of this action.
16

Wherefore, Plaintiffs seek relief as follows:

17

1.

For all general, special, consequential, incidental and other damages

18 sustained by Plaintiffs as a result of the conduct alleged above;

19

2.

For all of Sally Beauty's revenues, profits, and other monetary gains

20 resulting from the sale of the Infringing Brush and additional sales of other
21

products resulting from the infringement described above;

For treble damages and other exemplary damages as may be available

22

3.

23

under the law;

24

4.

For Plaintiffs' attorney's fees incurred herein;

25

5.

For preliminary and permanent injunctive relief barring infringement

26 of the ' 384 Patent and/or Plaintiffs trade dress;

27 Ill
28 ///
BUCHALTER NEMER

A. r iiOFESSIOt.IAL. (OilrOIIATION
!RYINli

COMPLAINT
BN 2051 07 12v2

Case 2:16-cv-02364 Document 1 Filed 04/06/16 Page 9 of 10 Page ID #:9

6.

For all costs incurred herein; and

7.

For any other relief that the court deems just and proper.

3 DATED: April 6, 2016

4
5

BUCHALTER NEMER
A Professional Corporation
By: /Michael L. Meeks/
MICHAEL L. MEEKS
LOUISE TRUONG
Attorneys for Plaintiffs
AG GLOBAL PRODUCTS, LLC,
a California limited liability company; and
FHI BRANDS, LLC,
a Delaware limited liability company

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
BUCHALTER NEMER

A P ltOFESSIONAL CORPORATION
IR\'tf'ol

COMPLAINT
BN

20510712v2

Case 2:16-cv-02364 Document 1 Filed 04/06/16 Page 10 of 10 Page ID #:10

1
2
3

DEMAND FOR JURY TRIAL

Plaintiffs hereby demand a jury trial for all claims and issues to which the
right to jury trial exists.

4
5

DATED: April 6, 2016

BUCHALTER NEMER
A Professional Corporation

6
By: /Michael L. Meeks/
MICHAEL L. MEEKS
LOUISE TRUONG
Attorneys for Plaintiffs
AG GLOBAL PRODUCTS, LLC,
a California limited liability company; and
FHI BRANDS, LLC,
a Delaware limited liability company

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
BUCHALTER NEMER

10

A P II.DfESSIONAL CORPORATION
IRVINE

COMPLAINT
BN 20510712v2

Case 2:16-cv-02364 Document 1-1 Filed 04/06/16 Page 1 of 5 Page ID #:11

Exhibit '' 1''

Case 2:16-cv-02364 Document 1-1 Filed 04/06/16 Page 2 of 5 Page ID #:12

IIIIII
(12)

United States Design Patent

(10)

Gulamani

(45)

(54)

BRUSH HANDLE

(71)

Applicant: AG Global Products, LLC, Sherman

Oaks, CA (US)

(72)

Inventor:

(73)

Assignee: AG Global Products, LLC, Sherman

Oaks, CA (US)

(**)

Term:

(21)

Appl. No.: 29/498,472

(22)

Filed:

(51)
(52)

LOC (10) CI. .. .............................................. 04-02

U.S. CI.
USPC ........................................................... D4/138
Field of Classification Search
USPC .................. 04/104-113, 116-117,121, 123,
04/130-138; 15/106, 110, 111' 143.1'
15/144.1, 159.1, 160, 167.1, 167.2, 172,
15/176.1, 184, 186-188,201, 203;
132/119- 121,123,137,142,151,271,
132/308,309, 311, 313; 024/147, 152, 154
CPC ................. A46B 2200/104; A46B 2200/1093;
A46B 9/023; A46B 9/06; A46B 17/04;
A46B 5/00; A46B 5/0029; A46B 5/0033;
A46B 5/02; A46B 7/023; A46B 7/042;
A46B 3/005; A46B 13/001; A46D 1/0207;
A46D 1/00; A46D 1/0284
See application file for complete search history.

(58)

lllllllllllllllllllllllllllllllllllllllllll
USOOD750384S

Shauky Gulamanl, Encino, CA (US)

14 Years

Aug. 4, 2014

Patent No.:
Date of Patent:

(56)

11111111111

US D750,384 S

**

Mar. 1, 2016

References Cited
U.S. PATENT DOCUMENTS

0432,792
0505,791
0645,664
0650,942
0670,027
0698,994
2004/0025897

S 1012000 Sivan ............................. 041133

S 6/2005 Chang .... .................. ...... 04/138
S 912011 Pires .. .... ........................ 041133
S 1212011 Choi .............. ....... ......... 028135
S 10/2012 Choi .. ............................ 028135
S 212014 Xu ...... ... ........................ 028135
A1 212004 Menaged ............. A46B 510054
151144.1
201210247501 A1* 10/2012 Choi ........ ...... .......... A45D 1/04
132/269

cited by examiner

Primary Examiner - Cynthia Ramirez

Assistant Examiner - Llorelys Martinez-Rivera
(74) Attorney, Agent, or Firm - Buchalter Nemer
(57)
CLAIM
The ornamental design for a brush handle, as shown and
described.
DESCRIPTION
FIG. 1 is a front, left and bottom perspective view of a brush
handle showing my new design;
FIG. 2 is a left side elevation view thereof;
FIG. 3 is a right side elevation view thereof;
FIG. 4 is a front elevation view thereof;
FIG. 5 is a rear elevation view thereof;
FIG. 6 is a top plan view thereof; and,
FIG. 7 is a bottom plan view thereof.
The broken lines shown in FIGS. 1 through 7 illustrate portions of the brush handle that form no part of the claimed
design.
1 Claim, 3 Drawing Sheets

Case 2:16-cv-02364 Document 1-1 Filed 04/06/16 Page 3 of 5 Page ID #:13

U.S. Patent

Mar.1,2016

Sheet 1 of3

US D750,384 S

Case 2:16-cv-02364 Document 1-1 Filed 04/06/16 Page 4 of 5 Page ID #:14

U.S. Patent

Mar.1,2016

US D750,384 S

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Case 2:16-cv-02364 Document 1-2 Filed 04/06/16 Page 1 of 3 Page ID #:16

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
CIVIL COVER SHEET

I. (a)

PLAINTIFFS ( Check box if you are representing yourself

D)

( Check box if you are representing yourself

DEFENDANTS

D)

AG GLOBAL PRODUCTS, LLC, a California limited liability company;

and FHI BRANDS, LLC, a Delaware limited liability company

SALLY BEAUTY HOLDING, INC., a Delaware corporation; SALLY

BEAUTY SUPPLY, LLC, a Delaware limited liability company

(b) County of Residence of First Listed Plaintiff Los Angeles County

County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES)

(IN U.S. PLAINTIFF CASES ONLY)

(c) Attorneys (Firm Name, Address and Telephone Numbel) If you are
representing yourself, provide the same information.

Attorneys (Firm Name, Address and Telephone Numbel) If you are

representing yourself, provide the same information.

Denton County, TX

Michael L. Meeks (SBN 172000)

BUCHALTEA NEMER, a Professional Corporation
18400 Von Karman Avenue, Suite 800
Irvine, CA 92612.0514
Tel. (949) 720-1162/Facsimile (949) 720-0182

II.

BASIS OF JURISDICTION (Place an

D 4. Diversity (Indicate Citizenship

Defendant

of Parties in Item

IV. ORIGIN (Place an

X in

Ill)

one box only.)

2. Removed from
State Court

under F.R.Cv.P. 23:

Incorporated and Principal Place

of Business in Another State

Citizen or Subject of a
Foreign Country

Foreign Nation

Appellate Court

Yes

[gJ

Yes

Citizen of Another State

D 3. Remanded from

V. REQUESTED IN COMPLAINT: JURY DEMAND:

CLASS ACTION

Government Not a Party)

D 2. U.S. Government
1. Original
Proceeding

OF PRINCIPAL PARTIES-For Diversity Cases Only

(Place an X in one box for plaintiff and one for defendant)
PTF
DEF
Incorporated or Principal Place
Citizen of This State
1
1 of Business In this State

[gJ 3. Federal Question (U.S.

1. U.S. Government
Plaintiff

[gJ

Ill. CITIZENSHIP

X in one box only.)

4. Reinstated or
Reopened

No

5. Transferred from Another

District (Specify)

6. MultiDistrict
litigation

(Check "Yes only if demanded in complaint.)

[gJ No

05 05
06 06

MONEY DEMANDED IN COMPLAINT:

$not stated

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.)
Complaint for (1) Patent Infringement and (2) Lanham Act Trade Dress Infringement

0 400State
Reapportionment
0 130 Miller Act
D 410 Antitrust
140 Negotiable
D 430 Banks and Banking D instrument
D 450 Commerce/ICC
150 Recovery of
Rates/Etc.
0 Overpayment &
Enforcement of
D 460 Deportation
Judgment
D 470 Racketeer influ- 0 151 Medicare Act
anced & Corrupt Org.
152 Recovery of
D 480 Consumer Credit 0 Defaulted
Student
Loan (Exci. Vet.)
D 490 Cable/Sat TV
153 Recovery of
D 850 Securities/Commoditles/Exchange
D Overpayment of
Vet. Benefits
D 890 Other Statutory
Actions
0 160 Stockholders'
Suits
D 891 Agricultural Acts
D
19001her
D 893 Environmental
Contract
Matters
D 895 Freedom of info. 0 195 Contract
Product liability

Act

896 Arbitration
899 Admin. Procedures
Act/Review of Appeal of
Agency Decision

FOR OFFICE USE ONLY:

CV-71 (1 0/14)

D 310 Airplane
D 315 Airplane
0

371 Truth In Lending

Product Liability
320 Assault, libel &
Slander
330 Fed. Employers'
liability

D
D 340Marine

345 Marine Product

Liability

380 01he~ Personal

Property Damage

D 210 Land
Condemnation
D 220 Foreclosure
230 Rent Lease &

usc 158

440 Other Civil Rights

441 Voting
442 Employment

Ejectment

367 Health Care/

D Pharmaceutical
D

D 540 Mandamus/01her
D 550 Civil Rights
D 555 Prison Condition
D 560 Civil Detainee

D 422 Appeal 28

D 350 Motor Vehicle

D 355 Motor Vehicle
Product liability
D 360 01her Personal
injury
D 362 Personal injuryMad Maipralice
D 365 Personal injuryPersonal injury
Product liability
368 Asbestos
injury Product Liability

385 Property Damage

Product liability

535 Death Penalty

Conditions of
Confinement

Product Liability

D 950 Constitutionality of 0
State Statutes

D 463 Allen Detainee

D 5 to Motions to Vacate
Sentence
D 530 General

D
D

443 Housing/
Accommodations
445 American with
DisabilitiesEmployment
446 American with
Disabilities-Other

448 Education

625 Drug Related

D Seizure of Property 21
usc 881
D 69001her

D 861 HIA (1395ff)

D 862 Black Lung (923)
D 863 DIWC/DIWW (405 (g))
0

864 SSID Title XVI

D 865 RSI (405 (g))

D 870 Taxes (U.S. Plaintiff or
Defendant)
0 871 IRS-Third Party 26 USC
7609

0 710 Fair Labor Standards

Act
D 720 Labor/Mgmt.
Relations

D 740 Railway Labor Act

0 751 Family and Medical
Leave Act
D 790 01her Labor
litigation
0 791 Employee Ret. inc.
Act

Case Number:

CIVIL COVER SHEET

Page 1 of 3

Case 2:16-cv-02364 Document 1-2 Filed 04/06/16 Page 2 of 3 Page ID #:17

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
CIVIL COVER SHEET

VIII. VENUE: Your answers to the questions below will determine the division of the Court to which this case will be initially assigned. This initial assignment Is subject to
change, In accordance with the Court's General Orders, upon review by the Court of your Complaint or Notice of Removal.
Question A: Was this case removed
from state court?
DYes

C?SI

No

If 'no,' skip to Question B. If 'yes,' check

the box to the right that applies, enter the
corresponding division In response to
Question E, below, and continue from there.

QUESTION B: Is the United States, or

one of Its agencies or employees, a
PLAINTIFF In this action?

8.1. Do 50% or more of the defendants who reside in

the district reside In Orange Co.?
check one of the boxes to the right

DYes

C?SI

....

YES. Your case will initially be assigned to the Southern Division.

Enter 'Southern' In response to Question E, below, and continue

NO. Continue to Question B.2.

YES. Your case will initially be assigned to the Eastern Division.

Enter 'Eastern' In response to Question E, below, and continue
from there.

NO. Your case will initially be assigned to the Western Division.

Enter "Western' In response to Question E, below, and continue
from there.

YES. Your case will initially be assigned to the Southern Division.

Enter 'Southern' In response to Question E, below, and continue
from there.

NO. Continue to Question C.2.

YES. Your case will initially be assigned to the Eastern Division.

Enter 'Eastern' In response to Question E, below, and continue
from there .

NO. Your case will initially be assigned to the Western Division.

Enter "Western' In response to Question E, below, and continue
from there.

No

If 'no,' skip to Question C. If 'yes,' answer

Question B.1, at right.

8.2. Do 50% or more of the defendants who reside In

the district reside In Riverside and/or San Bernardino
Counties? (Consider the two counties together.)
check one of the boxes to the right

....

QUESTION C: Is the United States, or C.1. Do 50% or more of the plaintiffs who reside In the
one of Its agencies or employees, a
district reside In Orange Co.?
DEFENDANT In this action?
check one of the boxes to the right
DYes

....

C?SI No

If 'no, ' skip to Question D. If 'yes,' answer

Question C.1, at right.

C.2. Do 50% or more of the plaintiffs who reside in the

district reside In Riverside and/or San Bernardino
Counties? (Consider the two counties together.)
check one of the boxes to the right

....

Indicate the location(s) in which 50% or more of defendants who reside in this
district reside. (Check up to two boxes, or leave blank if none of these choices

C?SI

D.2. Is there at least one answer In Column B?

D.1. Is there at least one answer In Column A?

DYes

No

DYes

C?SI

No

If 'yes,' your case will Initially be assigned to the

If 'yes,' your case will initially be assigned to the EASTERN DIVISION.

SOUTHERN DIVISION.

Enter 'Eastern' In response to Question E, below.

Enter 'Southern' In response to Question E, below, and continue from there.

If 'no, your case will be assigned to the WESTERN DIVISION.

If 'no,' go to question D2 to the right.

Enter "Western' In response to Question E, below.

....

Do 50% or more of plaintiffs or defendants in this district reside in Ventura, Santa Barbara, or San Luis Obispo counties?
CV71 (1 0/14)

CIVIL COVER SHEET

Page 2of3

A)

[ Ameriolll Lega!Net, Inc.

www fvnnsWor:kflow com . . , .

Case 2:16-cv-02364 Document 1-2 Filed 04/06/16 Page 3 of 3 Page ID #:18

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
CIVIL COVER SHEET

IX(a). IDENTICAL CASES: Has this action been previously filed in this court?

r2J

NO

DYES

If yes, list case number(s): - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - IX(b). RELATED CASES: Is this case related (as defined below) to any civil or criminal case(s) previously filed in this court?

r2J

NO

YES

If yes, list case number(s):

Civil cases are related when they (check all that apply):

D
D
D

A. Arise from the same or a closely related transaction, happening, or event;

B. Call for determination of the same or substantially related or similar questions of law and fact; or
C. For other reasons would entail substantial duplication of labor if heard by different judges.

Note: That cases may involve the same patent, trademark, or copyright is not, in itself, sufficient to deem cases related.

A civil forfeiture case and a criminal case are related when they (check all that apply):

D
D
D

A. Arise from the same or a closely related transaction, happening, or event;

B. Call for determination of the same or substantially related or similar questions of law and fact; or
C. Involve one or more defendants from the criminal case in common and would entail substantial duplication of
labor if heard by different judges.

X. SIGNATURE OF ATTORNEY
(OR SELF-REPRESENTED LITIGANT):

f'--s'-/_M-'ic_h-'a"'-ei_L__. _M_e__e _ k s ' - - - - - - - - - - - - DATE: April 6, 2016

Michael L. Meeks

Notice to Counsel/Parties: The submission of this Civil Cover Sheet is required by Local Rule 3-1. This Form CV-71 and the information contained
herein neither replaces nor supplements the filing and service of pleadings or other papers as required by law, except as provided by local rules of
court. For more detailed instructions, see separate instruction sheet (CV-071A).

Key to Statistical codes relating to Social Security Cases:

Nature of Suit Code

Abbreviation

861

HIA

Substantive Statement of Cause of Action

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 or widowers insurance benefits based on disability under Title 2 of the 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) and survivors benefits under Title 2 of the Social Security Act, as amended.
(42 u.s.c. 405 (g))