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Pinterest lawsuit

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. tT^ nr> r < C^KJS 44C/SDNY REV. 7/2012

CIVIL COVER SH

XZ CV 9413.DEC 2 7 2012

The JS-44 clva cover sheetandtheInformation contained herein neither replace nor supplement thefiling andservice of Judicial Conference oftheUnited StatesIn September 1974, Isrequired for use oftheClerk ofCourt for the purpose ofInitiatingthe civildocket sheet.PLAINTIFFS DEFENDANTS BRIAN S. COHEN and

pleadings orother papers as required by law, except as provided by local rules of court. This form, approved by the

THEODORE F. SCHROEDER

PINTEREST, INC.

ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBERRICHARD L. SCHEFF, ESQUIRE

ATTORNEYS (IF KNOWN)Unknown

MONTGOMERY McCRACKEN WALKER & RHOADS LLP 437 Madison Avenue, Floor 29, New York, NY 10022

CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE ABRIEF STATEMENT OF CAUSE)(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)

This is an action for misappropriation, unjust enrichment, and breach of fiduciary duty under 28 USC 1332(a) and 28 USC 1391(b).Has this ora similar case been previously filed In SONY atany time? No [x] Yes D Judge Previously Assigned& Case No.

If yes, was this case Vol. D Invot. Q Dismissed. No Yes Q If yes, give date.I8THI8 AN INTERNATIONAL ARBITRATION CASE? NO 3 Yes

(PLACEAN [x] IN ONE BOX ONLY)

NATURE OF SUITACTIONS UNDER STATUTESOTHER STATUTES

CONTRACT

PERSONAL INJURY INSURANCEMARINE

PERSONAL INJURY

FORFEITURE/PENALTY

BANKRUPTCY

[ ]110 11120 I ]130 I ]H0 I 1150

[ ] 310 AIRPLANE | J 315 AIRPLANE PRODUCT.LIABILITY

11362 PERSONAL INJURYMED MALPRACTICE

[]610[ ] 620 [ 1625

AGRICULTURE

I ] 422 APPEAL28USC15S

OTHER FOOD &DRUG

MILLER ACT NEGOTIABLEINSTRUMENT

[ I 365 PERSONAL INJURYPRODUCT LIABILITY

[ ] 423 WITHDRAWAL28 USC 167

[ J 320 ASSAULT, LIBEL &SLANDER

[ ] 368 ASBESTOS PERSONALINJURY PRODUCTLIABILITY

DRUG RELATED SEIZURE OFPROPERTY

RECOVERY OF OVERPAYMENT & ENFORCEMENT OF JUDGMENT

( ] 330 FEDERALEMPLOYERS'LIABILITY

21 USC 881

PROPERTY RIGHTS

[ J400 STATE REAPPORTIONMENT 11410 ANTITRUST ll 430 BANKS & BANKING []4S0 COMMERCE (J460 DEPORTATION 1)470 RACKETEER INFLUENCED & CORRUPT

[ ] 340 MARINE

PERSONAL PROPERTY

[ ]1S1 I J152

MEDICARE ACTRECOVERY OFDEFAULTED

[ 1345 MARINE PRODUCTLIABILITY

[ |350 MOTOR VEHICLEI 355 MOTOR VEHICLE PRODUCT LIABILITYINJURY

[ ] 370 OTHERFRAUD [ ] 371 TRUTH INLENDING

[ ]660( ) 690LABORtl'10

[ J 630 [ )640 [ )650

LIQUOR LAWS RR & TRUCK AIRLINE REGSOCCUPATIONAL

( ] 820 COPYRIGHTS I ) 830 PATENT [ ] 840 TRADEMARKSOCIAL SECURITY

ORGANIZATION ACT

(RICO)|]480 [J490 [)810 [ ]850CONSUMER CREDIT CABLE/SATELLITE TV SELECTIVE SERVICE SECURITIES/ COMMODITIES/EXCHANGE

SAFETY/HEALTHOTHER

STUDENT LOANS

[ ] 380 OTHER PERSONALPROPERTY DAMAGE

(EXCLVETERANS)[ [153RECOVERY OF

t 1360 OTHER PERSONAL

[ ] 385 PROPERTY DAMAGEPRODUCT LIABILITY

OVERPAYMENT OF VETERAN'SBENEFITS

11160M 190 [ ]195

STOCKHOLDERSSUITS OTHER CONTRACT CONTRACT

11720PRISONER PETITIONS

11730

[1510 MOTIONS TOACTIONS UNDER STATUTESCIVIL RIGHTS

PRODUCTLIABILITY

VACATE SENTENCE

20 USC 2255

[ 1740

[ ] 196 FRANCHISE

[ ] 630 HABEAS CORPUS

[ ]790

REAL PROPERTY

[ ] 441 VOTING [ ] 442 EMPLOYMENT [ ] 443 HOUSING/ACCOMMODATIONS

[ ] 535 DEATH PENALTY [ ] 540 MANDAMUS &OTHER I 1791

] 863 DIWC/DIWW (405(g)) FAIR LABOR 1864 SSID TITLE XVI STANDARDS ACT ] 865 RSI (405(g)) LABOR/MGMT RELATIONS LABOR/MGMT FEDERAL TAX SUITS REPORTING & DISCLOSURE ACT RAILWAY LABOR ACT [ J870 TAXES (U.S. Plaintiff or Defendant) OTHER LABOR ( 1871 IRS-THIRD PARTY LITIGATION 26 USC 7609 EMPL RET INC SECURITY ACT

[ I [ [ [

J861 HIA(1395H) 1862 BLACKLUNG (923)

1)876 CUSTOMERCHALLENGE 12 USC 3410 [ )890 OTHER STATUTORYACTIONS

1)891 AGRICULTURAL ACTS [ ]892 ECONOMICSTABILIZATION ACT

[ )893 ENVIRONMENTALMATTERS

[1894

ENERGY

ALLOCATION ACT

IMMIGRATION

1 ]895 FREEOOM OF INFORMATION ACT [ )900 APPEAL OF FEEDETERMINATIONUNDER EQUAL

[ 1210 [ 1220 [ | 230

LAND

CONDEMNATION FORECLOSURE RENT LEASE & EJECTMENTTORTS TO LAND

[ ] 444 WELFARE [ J 446 AMERICANS WITHDISABILITIES EMPLOYMENT

PRISONER CIVIL RIGHTS 11462

[ ] 550 CIVIL RIGHTS ( ] 555 PRISON CONDITION

NATURALIZATION APPLICATION

ACCESS TO JUSTICE

11463

HABEAS CORPUSALIEN DETAINEE

[ ]950 CONSTITUTIONALITYOF STATE STATUTES

[ ] 446 AMERICANS WITHDISABILITIES -OTHER

[ ) 240 I I MS[ ) 290

[ ]465

OTHER IMMIGRATIONACTIONS

TORT PRODUCTLIABILITY

[ 1440 OTHER CIVIL RIGHTS(Non-Prisoner)

ALL OTHER REAL PROPERTY

Check If demanded In complaint:

CHECK IF THIS IS A CLASS ACTIONUNDER F.R.C.P. 23

DO YOU CLAIM THIS CASE IS RELATED TOACIVIL CASE NOW PENDING IN S.D.N.Y.?IF SO, STATE:JUDGE

DEMAND $75,000+

OTHER

DOCKET NUMBER.

Check YESonly if demandedIncomplaint

JURY DEMAND: E YES NO

NOTE: Pleasesubmit at thetime offiling an explanation ofwhy cases are deemed related.

(PLACEAN x iNONEBOXdHLY)

ORIGIN

IS 1 Original

Proceeding

2 Removed from

stateCourt

3 Remanded 4 Reinstated or

from

Reopened

5 Transferred from 6 Multidistrict

(Specify District)

Litigation

7AppealTo DistrictJudgment

^SeJudge

[]a. all partln raprwantedI I b. Atleastoneparty Is pro se.

Appellate

(PLACE AN x IN ONE BOX ONLY)

BASIS OF JURISDICTION

IFDIVERSITY, INDICATE

D 1 U.S. PLAINTIFF 2 U.S. DEFENDANT 3 FEDERAL QUESTION

(U.S. NOT APARTY)

IS4 DIVERSITY

(28 USC 1332, 1441).PTF

CITIZENSHIP BELOW.

CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)(Placean [X] in one boxfor Plaintiff and one boxforDefendant)PTF DEF PTF DEF

CITIZEN OF THIS STATE

[11 [Xj 1 U w

CITIZEN OR SUBJECT OF A FOREIGN COUNTRY INCORPORATED or PRINCIPAL PLACEOF BUSINESS IN THIS STATE

[ ]3 I ]3 []4[]4

INCORPORATED and PRINCIPAL PLACE OF BUSINESS IN ANOTHER STATE FOREIGN NATION

I I5 X5 [16 []6

DEF

CITIZEN OF ANOTHER STATE X) 2 []2

PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)

THEODORE F. SCHROEDER, 4408 Asbury Avenue, Ocean City, New Jersey 08226

DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES)

BRIAN S. COHEN, 1 Little West 12th Street, New York, New York 1001419801

PINTEREST, INC., 1201 Orange Street, Suite 600, One Commerce Center, New Castle, Delaware

DE REPRKENTA-nON Is^ReSSSe THAT, AT THIS TIME, IHAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TO ASCERTAIN THERESIDENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:

Not applicable.

Checkone:

THIS ACTION SHOULD BE ASSIGNED TO:

(DO NOT check either box If this a PRISONER PETITION/PRISONER CIVIL RIGHTS COMPLAINT.)

WHITE PLAINS

g| MANHATTAN

DATE 12/27/12RECEIPT*

SIGNATUrjayOF ATJpRNE^F RECORD" ' /fl

ADMITTED TO PRACTICE IN THIS DISTRICTM YES (DATE ADMITTED Mo. JJ Attorney Bar Code # 1206 Yr. 2011 )

Magistrate Judge is to be designated bythe Clerk of the Court.

Magistrate JudgeRuby J. Krajick, Clerk ofCourt byUNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)

,Deputy Clerk, DATED.

i A L' ''kiJ* s so Designated.

12THEODORE F. SCHROEDER,

H

t

^"1 o

IN THE UNITED STATES DISTRICT COURTFOR THE SOUTHERN DISTRICT OF NEW YORK

COMPLAINT

Plaintiff,

Civil Action No.v.

ECF Case

BRIAN S. COHEN and

PINTEREST, INC.,Defendants.

JURY TRIAL DEMANDED

Plaintiff, Theodore F. Schroeder ("Schroeder"), by and through his undersigned counsel, brings this Verified Complaint against Defendants Brian S. Cohen ("Cohen") and Pinterest, Inc.("Pinterest") and alleges the following:r-o

INTRODUCTION1.

This is an action for, among other things, misappropriation, unjust emichmeflfand-Y3

breach of fiduciary duty arising out of Defendants Cohen and Pinterest's illegal use ofplaintiff sideas and information technology in developing www.Pinterest.com.CT

2.

Plaintiff originated the ideas that led to the popular, ever-growing Pinterest

website. In 2005, supported by two friends, Plaintiff conceived a web application that wouldallow Internet users to share information about themselves in ways very different from the

popular social networks like Friendster, MySpace and Facebook by focusing on such users'interests posted to such user's "board." Plaintiff brought his fellow Columbia law school friends on as partners to help him develop the project and, later, Cohen, a self-proclaimed"Entrepreneurial Mentor," became a partner with the other three owners. Plaintiff invested the

most amount of money of the four stakeholders and, by far, the most amount of time bydeveloping his ideas into a functioning website and growing community with thousands of users.

3354570vl

3.

While becoming business partners with Plaintiff and over the course of most of

2007, Cohen learned about Plaintiffs ideas and all related technology and business plans. Cohen

worked with Plaintiff and Plaintiffs two colleagues to further develop Plaintiffs ideas. Cohe