black keys sue home depot and pizza hut over songs in ads

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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

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UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

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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

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THE HOME DEPOT, INC., a Delaware corporation; and DOES 1 — 10, inclusive,

Defendants.

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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 of 16 Page ID #:4

PRELIMINARY STATEMENT

I. Plaintiffs bring this action seeking to put an immediate stop to, and to

obtain redress for, Defendants' blatant and purposeful infringement of the

copyright in Plaintiffs' musical composition entitled "Lonely Boy."

2. Plaintiffs are hugely successful musical artists and songwriters.

Plaintiffs Auerbach and Carney comprise the Grammy Award-winning, critically

acclaimed musical duo "The Black Keys," whose most recent album "El Camino"

debuted at Number 2 on the Billboard 200 Chart, has been certified Gold and has

sold more than 800,000 units. Plaintiff Burton, professionally known as "Danger

Mouse," is also a lauded musical artist, songwriter and producer. Burton formed

the enormously popular duo "Gnarls Barkley" and was named "Producer of the

Year" at the Grammy Awards in 2011. "Lonely Boy", which was co-written by the

Plaintiffs, is the lead single from the album "El Camino."

3. Recognizing Plaintiffs' popularity, talent and goodwill, and in a

brazen and improper effort to capitalize on Plaintiffs' hard-earned success,

Defendants have created and publicized (or caused to be created and publicized) a

commercial advertisement for "Ryobi" brand power tools which prominently

features significant portions of Plaintiffs' musical composition "Lonely Boy"

without authorization from Plaintiffs. Defendants' infringing commercial

advertisement can be viewed at http://www.youtube.com/watch?v=btTEaFJV8hQ.

4. Defendants' conduct is causing, and unless immediately enjoined will

continue to cause, enormous and irreparable harm to Plaintiffs. Defendants may

not continue to exploit Plaintiffs' musical composition without authorization in

order to advertise products to the public. Defendants' conduct must immediately

be stopped and Plaintiffs must be compensated for Defendants' willful acts of

infringement.

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Mitchell Silberberg & Knupp LLP

82400.1/42943-00000

2 COMPLAINT FOR COPYRIGHT INFRINGEMENT


JURISDICTION AND VENUE

5. This is a civil action seeking damages and injunctive relief for

copyright infringement under the Copyright Act of the United States, 17 U.S.C.

§ 101, et seq.

6. This Court has subject matter jurisdiction over this action pursuant to

28 U.S.C. §§ 1331 and 1338(a).

7. This Court has personal jurisdiction over Defendants because, among

other things, Defendants are doing business in the State of California and in this

judicial district, the acts of infringement complained of herein occurred in the State

of California and in this judicial district, and Defendants have caused injury to

Plaintiffs and their intellectual property in the State of California and in this

judicial district.

8. Venue is proper in this district pursuant to 28 U.S.C. §§ 1391(b) and

(c), and/or § 1400(a).

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82400.1 / 42943-00000

THE PARTIES

9. Plaintiff Auerbach is a musical artist and a songwriter, a co-author of

the musical composition entitled "Lonely Boy," and a legal and/or beneficial owner

of a copyright interest in and to that musical composition.

10. Plaintiff Carney is a musical artist and a songwriter, a co-author of the

musical composition entitled "Lonely Boy," and a legal and/or beneficial owner of

a copyright interest in and to that musical composition.

11. Plaintiff The Black Keys Partnership d/b/a McMoore McLesst

Publishing is a copyright owner and claimant in and to the musical composition

"Lonely Boy."

12. Plaintiff Burton, individually and d/b/a Sweet Science, is a musical

artist, songwriter and producer, a co-author of the musical composition entitled

"Lonely Boy," and a legal and/or beneficial owner of a copyright interest in and to

that musical composition. 3



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13. Defendant The Home Depot, Inc. ("Home Depot"), is a corporation

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

place of business in Atlanta, Georgia. Home Depot does business throughout the

United States, including in this judicial district. Home Depot is engaged in the

business of, among other things, advertising, marketing and selling home

improvement products.

14. The true names and capacities, whether individual, corporate,

associate, or otherwise, of defendants sued herein as Does 1 through 10, inclusive,

are unknown to Plaintiffs, who therefore sue said defendants by such fictitious

names (the "Doe Defendants"). Plaintiffs will seek leave of Court to amend this

complaint to state their true names and capacities when they have been ascertained.

Plaintiffs are informed and believe, and on that basis aver, that the Doe Defendants

are liable to Plaintiffs as a result of their participation in all or some of the acts

hereinafter set forth. Home Depot and the Doe Defendants are referred to

collectively herein as "Defendants."

15. Plaintiffs are informed and believe, and on that basis aver, that, at all

times mentioned in this complaint, each of the Defendants was the agent and/or

alter ego of each of the other Defendants and, in doing the things alleged in this

complaint, was acting within the course and scope of such agency.

GENERAL AVERMENTS

16. Plaintiffs are the co-authors of the music and lyrics to the original

musical composition "Lonely Boy." Plaintiffs own the rights and title to the

copyright in the composition "Lonely Boy" (the "Infringed Composition") as

authors and through their publishing entities McMoore McLesst Publishing and

Sweet Science.

17. Plaintiffs filed an application for copyright registration with the

United States Copyright Office for the musical composition "Lonely Boy" on

December 9, 2011, and are awaiting the issuance of a registration. A true and 4



correct copy of Plaintiffs' application for copyright registration is annexed hereto

as Exhibit A.

18. "Lonely Boy" was recorded by The Black Keys in 2011, and was

released in October 2011 as the lead single from The Black Keys' seventh album

entitled "El Camino," which album was subsequently released to the public in

December 2011 by Nonesuch Records, a division of the Warner Music Group.

19. In or around May 2012, it came to Plaintiffs' attention that Defendants

and/or their agents reproduced, distributed, and/or publicly performed (and/or

caused to be reproduced, distributed, and/or publicly performed) a substantial

portion of the Infringed Composition without Plaintiffs' authorization in a

commercial advertisement for "Ryobi" power tools, which can be viewed at

http://www.youtube.com/watch?v=btTEaRTV8hQ (the "Infringing

Advertisement").

20. Defendants do not have any license, authorization, permission or

consent to use the Infringed Composition.

21. In fact, on May 22, 2012, through The Black Keys' exclusive

publishing administrator Wixen Music Publishing, Inc., located in California,

Plaintiffs provided written notice to Defendant Home Depot that the Infringing

Advertisement constitutes infringement of Plaintiffs' rights and demanded that

Defendant Home Depot immediately cease and desist from any further use of the

Infringed Composition. Nevertheless, Defendants continue to willfully,

intentionally and purposefully use and exploit the Infringed Composition for their

own financial benefit with full knowledge that such use constitutes infringement

of, and is in disregard of, Plaintiffs' rights.

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COUNT!

COPYRIGHT INFRINGEMENT

(17 U.S.C. §§ 106 and 501)

(By Plaintiffs Against Defendants)

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22. Plaintiffs incorporate herein by this reference each and every

averment contained in paragraphs 1 through 21, inclusive.

23. Through their conduct averred herein, Defendants have infringed

Plaintiffs' copyright in the Infringed Composition in violation of Sections 106 and

501 of the Copyright Act, 17 U.S.C. §§ 106 and 501.

24. Defendants' acts of infringement are willful, intentional and

purposeful, in disregard of and with indifference to Plaintiffs' rights.

25. As a direct and proximate result of said infringement by Defendants,

Plaintiffs are entitled to damages in an amount to be proven at trial.

26. Plaintiffs are also entitled to Defendants' profits attributable to the

infringement, pursuant to 17 U.S.C. § 504(b), including an accounting of and a

constructive trust with respect to such profits.

27. Plaintiffs further are entitled to their attorneys' fees and full costs

pursuant to 17 U.S.C. § 505 and otherwise according to law.

28. As a direct and proximate result of the foregoing acts and conduct,

Plaintiffs have sustained and will continue to sustain substantial, immediate, and

irreparable injury, for which there is no adequate remedy at law. Plaintiffs are

informed and believe and on that basis aver that unless enjoined and restrained by

this Court, Defendants will continue to infringe Plaintiffs' rights in the Infringed

Composition. Plaintiffs are entitled to preliminary and permanent injunctive relief

to restrain and enjoin Defendants' continuing infringing conduct.

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WHEREFORE, Plaintiffs pray for judgment against Defendants, and each of

them, jointly and severally, as follows:

1. For damages in such amount as may be found, or as otherwise

permitted by law.

2. For an accounting of, and the imposition of constructive trust with

respect to, Defendants' profits attributable to their infringements of Plaintiffs'

copyright in the Infringed Composition.

3. For a preliminary and permanent injunction prohibiting Defendants,

and their respective agents, servants, employees, officers, successors, licensees and

assigns, and all persons acting in concert or participation with each or any of them,

from continuing to infringe Plaintiffs' copyright in the Infringed Composition.

4. For prejudgment interest according to law.

5. For Plaintiffs' attorneys' fees, costs, and disbursements in this action.

6. For such other and further relief as the Court may deem just and

proper.

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RUSSELL J. FRACKMAN CHRISTINE LEPERA (pro hac vice motion forthcoming) CHRISTINA E. DJORDJEVICH MITCHELL SILBERBERG & KNUPP LLP

Russell J. Frackian Attorneys for Plaintiffs

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By:

DEMAND FOR JURY TRIAL I

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Plaintiffs demand a trial by jury. 3

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Date: June 21, 2012

I t* Russell J. Frac an Attorneys for Plaintiffs

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EXHIBIT A


'-APPLICATION-*

Title Title of Work: El Camino

Contents Titles: Run Right Back

Dead And Gone

Money Maker

Mind Eraser

Nova Baby

Lonely Boy

Sister

Gold On The Ceiling

Stop Stop

fell Of A Season

Little Black Submarines

Completion/Publication Year of Completion: 2011

Date of 1st Publication: December 6, 2011 Nation of 1st Publication: United States

Author Author: Dan Auerbach

Author Created: music, lyrics

Citizen of: United States Domiciled in: United States

Author: Patrick Carney



Page 1 of 2

Exhibit A Page_9


whom Brian Burton



Copyright claimant Copyright Claimant: McMoore McLesst Publishing

11025 Park Sorrento, Suite 130, Calabasas, CA, 91302, Yemen

l'ransfer Statement: By written agreement

Copyright Claimant: Sweet Science

PO Box 340020, Nashville, TN, 37203, United States

Transfer Statement: By written agreement

Certification

Name: Randall Wixen

Date: December 9, 2011

Pige 2 of 2

Exhibit A 1N-g-e-11T-


Registration #:

lervice Request #: I -696593:381

Priority: Routine Application Date: December 9, 2011 11:01:59 AM

Correspondent Organization Name: Wixen Music Publishing, Inc.

Name: Jennifer Suomi

Email: [email protected]

•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


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


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


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


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. )

OTHER STATUTES • 400 State Reapportionment

CONTRACT, • 110 Insurance

TORTS„ TORTS PERSONAL PROPERTY .

. PRISONER PETITIONS

LABOR '

• 710 Fair Labor Standard: PERSONAL INJURY '.

• 410 Antitrust • 120 Marine • 310 Airplane 510 Motions to Vacate Act

• 430 Banks and Banking • 130 Miller Act • 315 Airplane Product • 370 Other Fraud Sentence Habeas Corpus

• 720 Labor/Mgmt.

• 450 Commerce/ICC 11 140 Negotiable Instrument Liability • 371 Truth in Lending Relations

Rates/etc. • 150 Recovery of • 320 Assault, Libel & 0 380 Other Personal Property Damage°

• 530 General • 730 Labor/Mgmt.

• 460 Deportation Overpayment & Enforcement of Judgment

Slander 535 Death Penalty Reporting & Disclosure Act • 470 Racketeer Influenced • 330 Fed. Employers' • 385 Property Damage • 540 Mandamus/

and Corrupt Organizations

Liability Product Liability

BANKRUPTCY

Other • 740 Railway Labor Act

• 151 Medicare Act • 340 Marine • 550 Civil Rights • 790 Other Labor

• 480 Consumer Credit • 152 Recovery of Defaulted • 345 Marine Product • 22 Appeal 28 USC • 555 Prison Condition Litigation

• 490 Cable/Sat TV Student Loan (Excl. Veterans)

Liability 158

0 423 Withdrawal 28 USC 157

CIVII RIGHTS

FORFEITURE/ PENALTY

• 791 Empl. Ret Inc.

• 810 Selective Service • 350 Motor Vehicle Security Act PROPERTY RIGHTS

• 850 Securities/Commodities/ • 153 Recovery of • 355 Motor Vehicle • 610 Agriculture

Exchange Overpayment of Veteran's Benefits

Product Liability • 620 Other Food & 820 Copyrights

• 875 Customer Challenge 12 IIII 360 Other Personal • 441 Voting Drug • 830 Patent

USC 3410 • 160 Stockholders' Suits Injury • 442 Employment • 625 Drug Related • 840 Trademark

• 890 Other Statutory Actions • 190 Other Contract • 362 Personal Injury- m 443 Housing/Acco. Seizure of Property 21 USC 881

SOCIAL SECURITY

• 891 Agricultural Act • 195 Contract Product Med Malpractice mmodations • 61 HIA(1395f0

• 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


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


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:*


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:

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(b)



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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

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UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

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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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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

p/k/a Danger Mouse d/b/a Sweet Science ("Burton") (collectively, "Plaintiffs")

aver as follows:

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PRELIMINARY STATEMENT

1. Plaintiffs bring this action seeking to put an immediate stop to, and to

obtain redress for, Defendants' blatant and purposeful infringement of the

copyright in Plaintiffs' musical composition entitled "Gold On The Ceiling."

2. Plaintiffs are hugely successful musical artists and songwriters.

Plaintiffs Auerbach and Carney comprise the Grammy Award-winning, critically

acclaimed musical duo "The Black Keys," whose most recent album "El Camino"

debuted at Number 2 on the Billboard 200 Chart, has been certified Gold and has

sold more than 800,000 units. Plaintiff Burton, professionally known as "Danger

Mouse," is also a lauded musical artist, songwriter and producer. Burton formed

the enormously popular duo "Gnarls Barkley" and was named "Producer of the

Year" at the Grammy Awards in 2011. "Gold On The Ceiling," which was co-

written by the Plaintiffs, was released as the second single from the album "El

Camino."

3. Recognizing Plaintiffs' popularity, talent and goodwill, and in a

brazen and improper effort to capitalize on Plaintiffs' hard-earned success,

Defendants have created and publicized (or caused to be created and publicized)

a commercial advertisement for "Cheesy Bites Pizza" which prominently

features significant portions of Plaintiffs' musical composition "Gold On The

Ceiling" without authorization from Plaintiffs. Defendants' infringing

commercial advertisement can be viewed at

http://www.youtube.com/watch?v=YkaGEgjWdNI.

4. Defendants' conduct is causing, and unless immediately enjoined will

continue to cause, enormous and irreparable harm to Plaintiffs. Defendants may

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order to advertise products to the public. Defendants' conduct must immediately

be stopped and Plaintiffs must be compensated for Defendants' willful acts of

infringement.

JURISDICTION AND VENUE

5. This is a civil action seeking damages and injunctive relief for

copyright infringement under the Copyright Act of the United States, 17 U.S.C.

§ 101, et seq.

6. This Court has subject matter jurisdiction over this copyright

infringement action pursuant to 28 U.S.C. §§ 1331 and 1338(a).

7. This Court has personal jurisdiction over Defendants because, among

other things, Defendants are doing business in the State of California and in this

judicial district, the acts of infringement complained of herein occurred in the State

of California and in this judicial district, and Defendants have caused injury to

Plaintiffs and their intellectual property within the State of California and in this

judicial district.

8. Venue is proper in this district pursuant to 28 U.S.C. §§ 1391(b) and

(c), and/or § 1400(a).

THE PARTIES

9. Plaintiff Auerbach is a musical artist and a songwriter, a co-author of

the musical composition entitled "Gold On The Ceiling," and a legal and/or

beneficial owner of a copyright interest in and to that musical composition.

10. Plaintiff Carney is a musical artist and a songwriter, a co-author of the

musical composition entitled "Gold On The Ceiling," and a legal and/or beneficial

owner of a copyright interest in and to that musical composition.

11. Plaintiff The Black Keys Partnership d/b/a McMoore McLesst

Publishing is a copyright owner and claimant in and to the musical composition

"Gold On The Ceiling."

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12. Plaintiff Burton, individually and d/b/a Sweet Science, is a musical

artist, songwriter and producer, a co-author of the musical composition entitled

"Gold On The Ceiling," and a legal and/or beneficial owner of a copyright interest

in and to that musical composition.

13. Defendant Pizza Hut, Inc. ("Pizza Hut"), is a corporation organized

and existing under the laws of the State of Delaware, with its principal place of

business in Plano, Texas. Pizza Hut does business throughout the United States,

including in this judicial district. Pizza Hut is engaged in the business of, among

other things, advertising, marketing and selling pizza and other food items.

14. Defendant 30th Century Masters LLC ("30th Century Masters") is a

limited liability company organized and existing under the laws of the State of

Virginia, with its principal place of business in Richmond, Virginia. 30th Century

Masters is engaged in the business of, among other things, composing musical

compositions in connection with commercial advertisements.

15. Defendant The Martin Agency, Inc. ("The Martin Agency"), is a

corporation organized and existing under the laws of the State of Virginia, with its

principal place of business in Richmond, Virginia. The Martin Agency is an

advertising agency.

16. Defendant The Interpublic Group of Companies, Inc. ("The

Interpublic Group of Companies"), is a corporation organized and existing under

the laws of the State of Delaware, with its principal place of business in New York,

New York. The Interpublic Group of Companies is engaged in the business of,

among other things, providing advertising and marketing services.

17. The true names and capacities, whether individual, corporate,

associate, or otherwise, of defendants sued herein as Does 1 through 10, are

unknown to Plaintiffs, who therefore sue said defendants by such fictitious names

(the "Doe Defendants"). Plaintiffs will seek leave of Court to amend this

complaint to state their true names and capacities when they have been ascertained.

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Plaintiffs are informed and believe and on that basis aver that the Doe Defendants

are liable to Plaintiffs as a result of their participation in all or some of the acts

hereinafter set forth. Pizza Hut, 30th Century Masters, The Martin Agency, The

Interpublic Group of Companies and the Doe Defendants are referred to

collectively herein as "Defendants."

18. Plaintiffs are informed and believe and on that basis aver that at all

times mentioned in this complaint, each of the Defendants was the agent and/or

alter ego of each of the other Defendants and, in doing the things alleged in this

complaint, was acting within the course and scope of such agency.

GENERAL AVERMENTS

19. Plaintiffs are the co-authors of the music and lyrics to the original

musical composition "Gold On The Ceiling." Plaintiffs own the rights and title to

the copyright in the composition "Gold On The Ceiling" (the "Infringed

Composition") as authors and through their publishing entities McMoore McLesst

Publishing and Sweet Science.

20. Plaintiffs filed an application for copyright registration with the

United States Copyright Office for the musical composition "Gold On The

Ceiling" on December 9, 2011, and are awaiting the issuance of a registration. A

true and correct copy of Plaintiffs' application for copyright registration is annexed

hereto as Exhibit A.

21. "Gold On The Ceiling" was recorded by The Black Keys in 2011, and

was released as the second single from The Black Keys' seventh album entitled

"El Camino," which album was released to the public in December 2011 by

Nonesuch Records, a division of the Warner Music Group.

22. In or around May 2012, it came to Plaintiffs' attention that Defendants

and/or their agents reproduced, distributed, and/or publicly performed (and/or

caused to be reproduced, distributed, and/or publicly performed) a substantial

portion of the Infringed Composition without Plaintiffs' authorization in a 5


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6089.1/ 42943-00000



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commercial advertisement for "Cheesy Bites Pizza," which can be viewed at

http://www.youtube.com/watch?v=YkaGEgjWdNI (the "Infringing

Advertisement").

23. Defendants do not have any license, authorization, permission or

consent to use the Infringed Composition.

24. In fact, on May 30, 2012, through The Black Keys' exclusive

publishing administrator Wixen Music Publishing, Inc., located in California,

Plaintiffs provided written notice to Defendant Pizza Hut that the Infringing

Advertisement constitutes infringement of Plaintiffs' rights and demanded that

Defendant Pizza Hut immediately cease and desist from any further use of the

Infringed Composition. Plaintiffs are entitled to injunctive relief and redress for

Defendants' willful, intentional and purposeful use and exploitation of the

Infringed Composition for their own financial benefit with full knowledge that

such use constituted infringement of, and was in disregard of, Plaintiffs' rights.

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COUNT I

COPYRIGHT INFRINGEMENT

(17 U.S.C. §§ 106 and 501)

(By Plaintiffs Against Defendants)

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25. Plaintiffs incorporate herein by this reference each and every

averment contained in paragraphs 1 through 24, inclusive.

26. Through their conduct averred herein, Defendants have infringed

Plaintiffs' copyright in the Infringed Composition in violation of Sections 106 and

501 of the Copyright Act, 17 U.S.C. §§ 106 and 501.

27. Defendants' acts of infringement are willful, intentional and

purposeful, in disregard of and with indifference to Plaintiffs' rights.

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Knupp LLP 6



28. As a direct and proximate result of said infringement by Defendants,

Plaintiffs are entitled to damages in an amount to be proven at trial.

29. Plaintiffs are also entitled to Defendants' profits attributable to the

infringement, pursuant to 17 U.S.C. § 504(b), including an accounting of and a

constructive trust with respect to such profits.

30. Plaintiffs further are entitled to their attorneys' fees and full costs

pursuant to 17 U.S.C. § 505 and otherwise according to law.

31. As a direct and proximate result of the foregoing acts and conduct,

Plaintiffs have sustained and will continue to sustain substantial, immediate, and

irreparable injury, for which there is no adequate remedy at law. Plaintiffs are

informed and believe and on that basis aver that unless enjoined and restrained by

this Court, Defendants will continue to infringe Plaintiffs' rights in the Infringed

Composition. Plaintiffs are entitled to preliminary and permanent injunctive relief

to restrain and enjoin Defendants' continuing infringing conduct.

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WHEREFORE, Plaintiffs pray for judgment against Defendants, and each of

them, jointly and severally, as follows:

1. For damages in such amount as may be found, or as otherwise

permitted by law.

2. For an accounting of, and the imposition of constructive trust with

respect to, Defendants' profits attributable to their infringements of Plaintiffs'

copyright in the Infringed Composition.

3. For a preliminary and permanent injunction prohibiting Defendants,

and their respective agents, servants, employees, officers, successors, licensees and

assigns, and all persons acting in concert or participation with each or any of them,

from continuing to infringe Plaintiffs' copyright in the Infringed Composition.

4. For prejudgment interest according to law.

5. For Plaintiffs' attorneys' fees, costs, and disbursements in this action. 7

6089.1/42943-00000


6. For such other and further relief as the Court may deem just and

2 proper.


v/f1■4Yein Russell J. Fr an Attorneys for Plaintiffs

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Knupp LLP 8 COMPLAINT FOR COPYRIGHT INFRINGEMENT

6089.1/42943-00000


1 DEMAND FOR JURY TRIAL

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Date: June 21, 2012 RUSSELL J. FRACKMAN CHRISTINE LEPERA (pro hac vice motion forthcoming) CHRISTINA E. DJORDJEVICH MITCHELL SILBERBERG & KNUF'P LLP

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By: $1114"1 Russell J. Fr an Attorneys for Plaintiffs

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EXHIBIT A


-APPLICATION-*

Title Fitle of Work: El Camino

Contents Titles:

Completion/Publication

Run Right Back

Dead And Gone

Money Maker

Mind Eraser

Nova Baby

Lonely Boy

Sister

Gold On The Ceiling

Stop Stop

Hell Of A Season

Little Black Submarines

Year of Completion: 2011

Date of 1st Publication: December 6, 2011 Nation of 1st Publication: United States

Author: Dan Auerbach

,kuthor Created: music, lyrics

Citizen of: United States

A uthor: Patrick Carney


Domiciled in: United States

Author


Page I of 2

Exhibit A Page 19


• A othor: Brian Burton



Copyright claimant

Copyright Claimant:

l'ransfer Statement:

Copyright Claimant:

l'ransfer Statement:

McMoore McLesst Publishing

4025 Park Sorrento, Suite 130, Calabasas, CA, 91302, Yemen

By written agreement

Sweet Science

I'D Box 340020, Nashville, TN, 37203, United States

By written agreement

Certification

Name: Randall Wixen

Date: December 9, 2011

1):Ige 2 of 2

Exhibit A Page 11


Registration #:

mice Req nest #: 1-696593381

Priority: Routine pplication Date: December 9, 2011 11:01:59 AM

Correspondent Organization Name: Wixen Music Publishing, Inc.

Name: Jennifer Suomi

Email:[email protected]

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



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


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


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 ' -


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

Rates/etc. 460 Deportation 470 Racketeer Influenced

and Corrupt Organizations

480 Consumer Credit 490 Cable/Sat TV 810 Selective Service 850 Securities/Commodities/

Exchange 875 Customer Challenge 12

USC 3410 890 Other Statutory Actions 891 Agricultural Act 892 Economic Stabilization

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/

PENALTY 610 Agriculture 620 Other Food &

Drug 625 Drug Related

Seizure of Property 21 USC 881

630 Liquor Laws 640 R.R.& Truck 650 Airline Regs 660 Occupational

Safety /Health 690 Other

—

• LABOR 710 Fair Labor Standard!

Act 720 Labor/Mgmt.

Relations 730 Labor/Mgmt.

Reporting & Disclosure Act

740 Railway Labor Act 790 Other Labor

Litigation 791 Empl. Ret Inc.

Security Act PROPERTY RIGHTS 820 Copyrights 830 Patent 840 Trademark SOCIAL SECURITY 61 HIA(1395f) 862 Black Lung (923) 863 DIWC/D1WW

405(g)) 864 SSID Title XVI 865 RSI (405(g))

FEDERAL TAX SUITS 870 Taxes (U.S. Plaintiff

or Defendant) 871 IRS-Third Party 26

USC 7609

• • • • I PROPERTY

370 Other Fraud 371 Truth in Lending 380 Other Personal

Property Damage 385 Property Damage

Product Liability BANKRUPTCY '

22 Appeal 28 USC 158

423 Withdrawal 28 USC 157 _.:

CIVIL RIGHTS 441 Voting 442 Employment 443 Housing/Acco-

mmodations Welfare

445 American with Disabilities — Employment

446 American with Disabilities — Other her

440 Other Civil Rights

144

U • • • • • • • • • • • • • • 0 0 • • • • • • • • • • • • •

0 • • • • • • • • • kl■ • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •

FOR OFFICE USE ONLY: Case Number:

AFTER COMPLETING THE FRONT SIDE OF FORM CCLIII049Lin THIHNIIP6RffiAbNitEQUESTED BELOW. CIVIL COVER SHEET



Los Angeles County


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


VIII(b). RELATED CASES: Have any cases been previously filed inthis court that are related to the present case? El No 0 Yes


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


black keys sue home depot and pizza hut over songs in ads

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cheesy bites