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1 GRADSTEIN & MARZANO, P.C. lffiNRY GRADSTEIN (State Bar No. 89747)

2 [email protected] 3 MARYANN R. lvlARZANO (State Bar No. 96867)

[email protected] 4 ROBERT ALLEN (State Bar No. 166589) 5 [email protected] 6 6310 San Vicente Blvd, Suite 510

Los Angeles, California 90048 7 T: 323-776-3100 F: 323-931-4990

8 Attorneys for Plaintiffs

9 DAVID ELLIOT and PAUL LOVETT

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11 UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICf OF CALIFORNIA

WESTERN DIVISION

DAVID ELLIOT F ALLAS plkla "DAVID ELLIOT," an individual, and PAUL LOVETT, an individual.

Plaintiffs,

v.

PARAMOUNT PIC'ruRES CORPORATION, a Delaware corporation; DI BONAVENTURA PICTURES, INC., a California corporation; HASBRO, INC., a Rhode Island corporation; !v1E1ROGOLDWYN-MA YER STUDIOS INC., a Delaware corporation; and DOES 1 through 100,

Defendants.

CaseJ.:.V 13 - 03184.-f5G {rA€l

COMPLAINT FOR:

(1) COPYRIGHT INFRINGEMENT; AND

(2) BREACH OF IMPLIED CONTRACT.

DEMAND FOR TRIAL BY JURY

Plaintiff David Elliot Fallas and Plaintiff Paul Lovett (sometimes

collectively referred to as "Plaintiffs") allege as follows:

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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 Philip S. Gutierrez and the assigned discovery Magistrate Judge is Alicia G. Rosenberg.

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

CV13- 3184 PSG (AGRx)

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

Sub equent documents must be filed at the following location:

Western Division 312 N. Spring St.. Rm. G-8 Los Angeles, CA 90012

U Southern Division, U 411 West Fourth St., Rm. 1"()53 Santa Ana, CA 92701-4516

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

Eastem Division 3470 Twelfth St, Rm. 134 Riverside, CA 92501

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

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Henry Gradstein (# 89747); Robert Allen (# 166589) Maryann R. Marzano (# 96867) Gradstein & Marzano, P.C. 6310 San Vicente Blvd., Suite 510 Los Angeles, California 90048 Tel. (323) 776-3100; Fax (323) 931-4990

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF .CALIFORNIA

David Elliot Fallas plk/a "David Elliot," an individual, CASE NUMBER

and Paul Lovett, an individual

v. ~(S) CV13- 03184. t-------=-~~\

Paramount Pictures Corporation, a Delaware corporation; Di Bonaventura Pictures, Inc., a California corporation; (please see attachment) SUMMONS

DEFENDANT(S).

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 Ii complaint 0 amended complaint o 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 plaintiffs attorney, Henry Gradstein. et a1. • whose address is Gradstein& Marzano, P.C. 6310 San Vicente Blvd, Suite 510, Los Angeles, CA 90048 . 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.

Dated: MAY·· 3 20"13 By: __ ----'~~~

[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-OIA (10/1 1 SUMMONS

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ATTACHMENT TO SUMMONS

Defendants:

Hasbro, Inc., a Rhode Island corporation; Metro~Goldwyn-Mayer Studios Inc., a Delaware corporation; and DOES 1 through 100

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UNITED' \TES DISTRICT COURT, CENTRAL DISTRICT or ~ UIFORNIA CIVIL COVER SHEET

I. (a) PLAINTIFFS ( Check box if you are representing yourself 0 ) DEFENDANTS ( Check box if you are representing yourself 0 ) David Elliot Fallas p/kla "David Elllor,· an individual, and Paul Lovett, an Individual Paramount Pictures Corp, a Delaware corp; Oi Bonaventura Pictures, Inc., a California

corp; Hasbro, Inev a Rhode Island corp; Metro-Goldwyn-Mayer Studios Inc., a Delaware Corporation; and DOES 1 through 100

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

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

Henry Gradstein (1t8974n; Maryann R. Mamtno (1t96867);Robert Allen (#166589) Gradstein& Mamtno, P.e. 6310 San Vicente Blvd., Suite 51 0, Los Angeles, CA 90048 Tel. (323) 776-3100; Fax (323) 931-4990

II. BASIS OF JURISDICTION (Place an X In one box only.)

o 1. U.S. Government Plaintiff

o 2. U.S. Government Defendant

181 3. Federal Question (U.S. Government Not a Party)

04. Diversity (Indicate Citizenship of Parties in Item III)

IV. ORIGIN (Place an X In one box only.)

III. CITIZENSHIP 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 PTF DEF CitIZen of This State 0 1 0 1 of Business in this State 0 4 0 4

Citizen of Another State

Otizen or Subject of a Foreign Country

o 2 0 2 Incorporated and Principal Place 0 5 0 5 of Business In Another State

o 3 0 3 Foreign Nation

O s. T,an,leIred from Another o. M Ult I-

I)(l 1. Original 0 2. Removed from 0 3. Remanded from IaI Proceeding State Court Appellate Court O 4. Reinstated or

Reopened

DIstrict (Specify) 0 District Litigation

V. REQUESTED IN COMPLAINT: JURY DEMAND: Igj Yes 0 No (Check "Yes" only if demanded in complaint)

CLASS ACTION under F.R.Cv.P. 23: 0 Yes @No 181 MONEY DEMANDED IN COMPLAINT: $ 20,000,000.00

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.) 1. Cop)lright Infringement 2. Breach of Implied Contract

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

OTHER STATUTES CONTRACT PRISONER PETITIONS PROPERTY RIGHTS o 375 False Claims Act o 11 0 Insurance 0 240 Torts to Land 0 Habeu Corpus: 00 820 COP)lrights o 463 Alien Detainee

400 State o 120Marine 0 245 Tort Product o 830Patent o Reapportionment Liability o 4650ther o 510 Motions to Vacate Immigration Actions Sentence o B40 Trademark

0 410 Antitrust o 130 Milter Act 0 290 All Other Real o 530 General o 140 Negotiable Pro e TORTS SOCIAL SECURITY 0 430 Banks and Banking

Instrument S o 535 Death Penalty o 861 HIA (1395ff) 0 450 CammercellCC 150 Recovery of SONAl URY 0 370 Other Fraud Otber:

Rates/Etc. o Overpayment & 0 310 Airplane o 540 MandamusfOther o 862 Black Lung (923)

0 460 Deportation Enforcement of 315 Airplane 0 371 Truth in lending o 550 Civil Rights o 863 DIWc/DIWW (405 (g))

o 470 Racketeer lnflu-Judgment 0 Product liability 380 Other Personal o 864 S51D lltle XVI

enced & Corrupt Org. o 151 Medicare Act 0 320 Assault, Ubel & 0 Property Damage o 555 Prison Condition

Slander o 560 Civn Detainee o 865 ASI (405 (g) o 480 Consumer Credit 152 Recovery of 330 Fed. Employers' 0 385 Property Damage Conditions of

o 490 C~ble/Sat lV o Defaulted Student 0 Liablllt)1

Product liability Confinement FEDEflAL TAX SUITS loan (Exct. Vet.) BANKRUPTCY F RFEIT ENAL o 870 Taxes (U.s. Plaintiff or

850 Securities/Com- O 340 Marine 0 422 Appeal 28 625 Drug Related Defendant) . 0 maditles!Exchange 153 Recovery of

0 345 Marine Product USC 158 o Seizure of Property 21 o over~ayment of Liability o 423 Withdrawal 28 o 871 IRS-Third Part)/26 USC

890 Other Statutory Vel enef1ts USC881 7609 0 Actions 0 350 Motor Vehicle USC 157 o 160 Stockholders' CIVIL RIGHTS o 6900ther 0 891 Agricultural Acts Suits 0 355 Motor Vehicle 0 440 Other Ovil RIghts Product Liability

0 893 Environmental I&l 190 Other 360 Other Personal LABOR Matters Contract 0 Injury 0 441 Voting o 710 f'air Labor Standards o 895 Freedom of Info. o 195 Contract 362 Personal Injury- o 442 Employment Act Act Product Uabillty 0 Med Malpratlce o 720 Labor/Mgmt.

o 896 Arbitration 365 Personal Injury- o 443 Housing/ Relations 196 Franchise 0 Accomodations

lP TY Product Liability o 740 Railway Labor Act

899 Admin. Procedures 367 Health Carel 445 American with o Act/Review of Appeal of 210 Land Pharmaceutkal o Disablllties- o 751 Family and Medical

Agency Decision o Condemnation 0 Personal Injury Employment Leave Act

o 220 Foreclosure Product Liability o 446 AmerIcan with o 790 Other Labor o 950 Constitutionality of 368 Asbestos Oisabilities..()ther litigation

State Statutes ! on " 448 Education o 791 Employee Ret. Inc. Secutlt)lAct

AFTER COMPLETING PAGE 1 OF FORM CV-71 , COMPLETE THE INFORMATION REQUESTED ON PAGE 2.

CV-71 (02/13) CIVIL COVER SHEET Page 1 of2

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UNITED ~ rATES DISTRICT COURT, CENTRAL DI~. AICT OF CALIFORNIA CIVIL COVER SHEET

VIII (a). IDENTICAL CASES: Has this action been previously flied in this court and dismissed, remanded or dosed? I8J NO DYES

If yes, list case number(s):

VIII(b). RELATED CASES: Have any cases been previously filed in this court that are related to the present case? lEI NO DYES

If yes, list case number(s):

Civil cases ant 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

o B. call for determination of the same or substantially related or similar questions of law and fact; or

o C. For other reasons would entail substantial dupncation of labor if heard by different judges; or

o D. Involve the same patent, trademark or copyrlght..MI!:Lone 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.

o 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:"

Los Angeles County (David Elliot Fallas)

california County outSide of this Dlstr!ct; State, if other than california; or Foreign IrountfY Oregon (Paul Lovett)

(b) List the County In this District; California County outside of this Distria; State if other than California; or Foreign Country, in which EACH named defendant resides.

o 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 Distritt:* canforn!a County outside of this District; State, If other than California; or Foreign CountrY

''-Q':::> ~~\~ '-D",~\* (C) ListtheCoun in this District; California Coun ty ty cutMf this District; State if other than California; or Forel g nCoun ,in which EACH claim arose. try NOTE: In land condemnation cases, use the location of the tract of land involved.

County In this Disttict:"

Los Angeles County

california County outside of this District; State, If otber than California; or Foreign Con

"LO$ Angeles, Orange, Siln Bernllrdlno, Riverside, Ventul'll, Santa BarbM., or Note: In land condemnation cases use the location of the tract ofland Involved

x. SIGNATURE OF ATTORNEY (OR SELF-REPRESENTED lInGANT): ---c:;~---;I~"c;...----,r-"':7'e;:...---Notke to CounseJJPartl8s: The CV-71 VS44) Ovil CoverSheetand I erreplace nor supplement the filing and service ofple.adlngs or other papers as required by law. This form, approved by the Judlclal onference United S In September 1974, is required pursuant to Local Rule 3-1 Is nol filed but is used by the Clerk of the Court for the purpose of ~iltl5tlC5, venue and Initiating the civil docket sheet. (For more detailed InstructIons, see wparate Instructions sheet).

Key to Statistical codes relating to Social Security cases: Nature of Suit Code AbbreviatIon Substantive Statement of Cause of Action

861 HIA

862 Bl

863 DIWC

863 DIWW

864 SSID

865 RSI

CV-71 (02113)

AU claims for health insurance benefits (Medicare) under Title 18, Part A, of the Social Security Act, as amended. Also, include daims by hospitals, skilled nursing facilities, etc., for certification as providers of services under the program_ (42 U.S.c. 1935FF(b»

AU claims for "Black lung" benefits under TItle 4, Part 8, of the Federal Coal Mine Health and Safety Act of 1969. (30 U.S.c. 923)

AU claims filed by insured workers for disability Insurance benefits under TItle 2 of the Sodal Security Act, as amended; plus all dalms filed for child's Insurance benefits based on disability. (42 U.S.c. 405 (9))

All claims filed for widows or widowers insuranc;e benefits based on disability under Title 2 of the Social Security Act, as amended. (42 U.s.c. 405 (g))

All claims for supplemental security Income payments based upon disability flied under TItle 16 of the Social Security Act, as amended. 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»)

CIVIL COVER SHEET Page2of2

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