AG Global Products v. Sally Beauty Holdings - Complaint

8/18/2019 AG Global Products v. Sally Beauty Holdings - Complaint

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BUCHALTER

NEMER

A Professional Comoration

2 MICHAEL L. MEEKS (SBN: 172000)

LOUISE TRUONG (SBN: 293811)

3 18400 Von Karman

A

venue, Suite 800

Irvine CA 92612-0514

4 Telephone: (949) 760-1121

Fax:

949)

720-0182

5 Email: [email protected]

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Attorneys for Plaintiffs

AG

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

FHI BRANDS, LLC, a Delaware limited liability company

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

AG

GLOBAL PRODUCTS, LLC, a

California limited liabili Y company; and

FHI BRANDS, LLC, a Delaware hmited

liability company,

Plaintiffs ,

vs.

SALLY BEAUTY HOLDINGS INC. a

Delaware cor2oration; SALLY

BEAUTY

SUPPLY, LLC, a Delaware limited

liab Jity c9mpany; and DOES 1 through

10, mc1usiVe,

Defendants.

Case No.

COMPLAINT FOR

~

PATENT INFRINGEMENT

2 LANHAM ACT TRADE DRES

FRINGE ME NT

JURY TRIAL DEMAND

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

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

hereby assert the following claims for relief against defendants Sally Beauty

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

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

JURISDICTION AND VENUE

1.

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

of

the United States, 35 U.S.C.

§§

et seq. In addition, Plaintiffs assert a claim for

trade dress infringement arising out

of

the same infringing hair brush pursuant to 15

BUCHALTER

NEMER

A P ROFE55IONAL CoRPORATION

IRVIN[

COMPLAINT

BN 20510712v2

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


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B

UC

HA

LTER

NEMER

A r RorEsstoNAL CoRPoRATioN

a ~ · t N £

U.S.C. § 1051, et seq. (the "Lanham Act"). The court has subject matter

jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1338.

2.

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

court has personal jurisdiction over Sally Beauty because it has done substantial

business in this judicial district, including: (1) committing acts

of

patent

infringement and/or contributing to

or

inducing acts

of

patent infringement

by

others in this district and elsewhere in California; (2) regularly conducting business

in California and this judicial district; (3) directing advertising to and/or soliciting

business from persons residing in California and this judicial district; and (4)

engaging in other persistent courses

of

conduct, and/or deriving substantial revenue

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

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

§§

1391 and

1400(b) based upon the foregoing facts.

THE PARTIES

4. Plaintiff

AG

Global Products, LLC is a limited liability company

formed and existing under the laws

of

the State of California. Its principal place

of

business is located in Los Angeles County, California. From about June 24, 2014

through January 2016,

AG

Global Products, LLC sold its Stylus hair brush with

EZ-Hold ridged tip, heated collared bristles, and ergonomic no-slide handle (the

"Stylus"). The Stylus has a unique shape and appearance which is protected both a

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

to a design patent. The Stylus was sold under the brand FHI Heat.

AG

Global

Products, LLC is the assignee and owner

of

the United States Design Patent No. US

D750384 ("the

'384

Patent") covering the ornamental design of a hair brush handle

back, and tip. A true and correct copy of the '384 Patent is attached hereto as

Exhibit 1.

5. PlaintiffFHI Brands, LLC is a limited liability company formed and

existing under the laws of the State

of

Delaware. FHI Brands, LLC is a related

2

COMPLAINT

BN 20510712v2



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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.

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6. Plaintiffs are in the business of promoting and selling beauty products

including hair brushes in direct competition with Defendants.

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

defendant Sally Beauty Holdings, Inc. is a corporation formed under the laws of the

State of Delaware with its principal place of business in Denton, Texas. Plaintiffs

are further informed and believes, and based thereon alleges, that Sally Beauty

Holdings, Inc. is the principal owner and member of defendant Sally Beauty

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

that Sally Beauty Holdings, Inc. manages and controls Sally Beauty Supply, LLC

and participated in the infringement of the '384 Patent described herein. Plaintiffs

are informed and believe that Sally Beauty Holdings, Inc. either directly or through

its control over other entities operates beauty supply stores and internet websites in

the business of

selling beauty supplies including the infringing hair brush described

below and thereby infringes and/or contributory infringes the '384 Patent.


defendant Sally Beauty Supply, LLC is a limited liability company created and

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

of

business

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

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

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

Beauty Supply, LLC either directly or through its control over other entities

operates beauty supply stores and internet websites in the business of selling beauty

supplies including the infringing hair brush described below and thereby infringes

and/or contributorily infringes the '384 Patent.

9. Plaintiffs are presently unaware of the true names of the Defendants

BUCHALTER NEMER

3

r

aoFU$1DNAL

CORPOIIATIOI'


4/18

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.

6 FACTUAL ALLEGATIONS

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

consumers.

12

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

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Back

BUCHALTER N EMER

4

r aonuJoNAL CoRroRATJON

IRVINE

COMPLAINT

BN 20510712v2



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BUCHALTER NEMER

PROFESSIONAL CoRPORATION

IRVINE

12. Sally Beauty's Infringing Brush copies the look and feel

of

Plaintiffs

Stylus hair brush and infringes elements

of

the '384 Patent. The elements from the

Infringing Brush that infringe the '384 Patent include (a) it uses the same stylized

handle, (b) it uses identical back ribs, and (c) it uses the same tapered ends. The

specific elements

of infringement are identified in the images below from the

'384

Patent (Black & White) and the Infringing Brush (color):

BRUSHES VIEWED FROM FRONT

BRUSHES VIEWED FROM THE SIDE

5

COMPLAINT

BN 20510712v2



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BUCHALTER

NEMER

r l toFU510SAL

C o i ~ O I I A T I O N

I ItVlN

BRUSHES VIEWED FROM THE BACK

BRUSHES VIEWED FROM THE END

tanered grips

13.

As demonstrate

by

the foregoing images comparing Plaintiffs'

patented design for its Stylus hair brush with the Infringing Brush, there are

numerous elements protected both under the '3 84 Patent and as Plaintiffs' trade

dress. The foregoing elements were unique to Plaintiffs' hair brush prior to Sally

Beauty's infringement.

FIRST CLAIM FOR RELIEF

PATENT INFRINGEMENT

14.

Plaintiffs hereby incorporate all

of

the allegations set forth in

paragraphs 1 through 13 above, as

if

set for in full herein.

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

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


6

COMPLAINT

BN 205107

12

v2



7/18

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.

6 17. Plaintiffs have sustained damages and will continue to sustain damages

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

8 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 19. Plaintiffs are informed and believe, and based thereon allege, that

13 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. Plaintiffs have manufactured, advertised, distributed, marketed,

21

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.


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

7

r RoFtssloNAL coarokATtoN

I

M\'INE

COMPLAINT

BN 20510712v2



8/18


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 25. The actions

of

Sally Beauty,

if

not enjoined, will continue. Plaintiffs

11

have suffered and continue to suffer damages in an amount to

be

proven at trial.

12 Plaintiffs are further entitled to injunctive rel ief 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;

22 3. For treble damages and other exemplary damages as may be available

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 ///

BUCHAL

TER

NEMER

8

. r iiOFESSIOt.IAL. (OilrOIIATION

RYINli

COMPLAINT

BN 20

51

07 12v2



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BUCHALTER NEMER

A P ltOFESSIONAL CORPORATION

IR\'tf'ol£

6.

7.

For all costs incurred herein; and

For any other rel ief that the court deems

just

and proper.

DATED: April 6, 2016

BUCHALTER NEMER

A Professional Corporation

B N

20510712v2

By: /Michael

L.

Meeks/

MICHAEL L. MEEKS

LOUISE TRUONG


AG GLOBAL PRODUCTS, LLC,

a California limited liability company; and

FHI BRANDS, LLC,

a Delaware limited liability company

9

COMPLAINT



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BUCHALTER NEMER

A P II.DfESSIONAL

CORPORATION

IRVINE

DEMAND FOR JURY TRIAL

Plaintiffs hereby demand a

jury

trial for all claims and issues to which the

right to

jury

trial exists.

DATED: April 6, 2016

BN

205107

12

v2

BUCHALTER NEMER

A Professional Corporation

By: /Michael L. Meeks/

MICHAEL

L.

MEEKS

LOUISE TRUONG


AG GLOBAL PRODUCTS, LLC,

a California limited liability company; and

FHI BRANDS, LLC,

a Delaware limited liability company

10

COMPLAINT



11/18

Exhibit ''1

'

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


12/18

I lllllllllllllllllllllllllllllllllllllllllll

(12)

United States Design Patent

Gulamani

(54) BRUSH HANDLE

(71) Applicant:

AG

Global Products,

LLC,

Sherman

Oaks, CA (US)

(72) Inventor:

Shauky

Gulamanl, Encino, CA (US)

(73) Assignee:

AG

Global Products,

LLC,

Sherman

Oaks, CA (US)

(**) Term: 14 Years

(21) Appl. No.: 29/498,472

(22) Filed: Aug. 4, 2014

(51)

LOC

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

(52) U.S. CI.

USPC ........................................................... D4/138

(58) 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.

USOOD750384S

(10)

Patent

No.:

(45) Date of Patent:

US D750 384 S

** Mar. 1 2016

(56) References Cited

U.S. PATENT DOCUMENTS

0432,792 S •

10

12000 Sivan .. ..................... .. .... 041133

0505,791 S • 6/2005 Chang .

...

......

.. .... ..

..

.. .. ..

.. 04 /

138

0645,664 S • 91

2011

Pires

..

..

..

........................ 041133

0650,942 S • 1212011 Choi ............ .. .... ... ... ...... 028135

0670,027 S •

10/2012 Choi

.. ..

......... ..

.. ..

.....

...

.

..

028135

0698,994 S • 212014

Xu

.......

..

..........

..

...... ...... 028135

2004/0025897 A1 • 212004 Menaged ...... ....... A46B 510054

15

1

144.1

201210247501

A1* 10/2012 Choi .... .. ..

..

.... ...... ..

..

A45D 1/

04

• cited by examiner

Primary Examiner - Cynthia Ramirez

Assistant Examiner -

Llorelys Martinez-Rivera

(74) Attorney, Agent, or irm -

Buchalter Nemer

(57)

CLAIM

132 /269

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 por

tions

of

the brush handle that form no part

of

the claimed

design.

1 Claim, 3 Drawing Sheets



13/18

U.S. Patent Mar.1,2016 Sheet 1 of3

US D750,384 S



14/18

U.S. Patent

Mar.1 2016

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16/18

UNITED STATES

DISTRICT

COURT, CENTRAL

DISTRICT

OF CALIFORNIA

CIVIL COVER SHEET

I.

(a) PLAINTIFFS ( Check box if you are representing yourself D )

DEFENDANTS ( Check

box if you are

representing

yourself D )

AG

GLOBAL

PRODUCTS,

LLC, a Cali fornia

l imited

liability company;

and FHI BRANDS,

LLC,

a Delaware

l imited

liability company

SALLY BEAUTY HOLDING, INC.,

a

Delaware corporation;

SALLY

BEAUTY

SUPPLY, LLC,

a

Delaware l imited liability company

(b)

County of Residence of

First Listed

Plaintiff Los Angeles

County

EXCEPT IN U.S. PLAINTIFF

CASES

Coun ty of Residence of

First Listed

Defendant Denton County, T

IN U.S. PLAINTIFF

CASES ONLY

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

representing

yourself, provide

the same information.

Michael

L.

Meeks (SBN 172000)

BUCHAL

TEA NEMER,

a Professional Corporat ion

18400 Von Karman Avenue , Suite

800

Irvine, C A 92612.0514

Tel. (949)

720-1162/Facsimile

(949) 720-0182

II.

BASIS OF

JURISDICTION (Place

an X

n

one box only.)

D 1. U.S. Government

Plaintiff

D 2. U.S. Government

Defendant

[gJ 3.

Federal Question

(U.S.

Government

Not

a Party)

D 4. Diversity (Indicate Citizenship

of

Parties

in Item Ill)

IV. ORIGIN

(Place an X n one box

only.)

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

representing

yourself,

provide the same

information.

Ill.

CITIZENSHIP

OF PRINCIPAL PARTIES-For Diversity Cases Only

(Place an

X in

one box for plaintiff and

one

for

defendant)

Citizen of This State

Citizen of Another State

Citizen or Subject of a

Foreign Country

PTF DEF

D

1

D

1

Incorporated or Principal Place

of Business

In

this State

Incorporated and Principal Place

of Business in Another State

Foreign Nation

05

0

06

[gJ

1.

Original

D

2.

Removed from

D

3.

Remanded from

0

4. Reinstated or

D

5.

Transferred from Another

6.

Multi

D

District

litigation

roceeding State Court Appellate Court

Reopened District (Specify)

V.

REQUESTED

IN

COMPLAINT: JURY DEMAND: [gJ Yes 0 No

(Check "Yes• only

if demanded in complaint.)

CLASS

ACTION under F.R.Cv.P. 23:

0

Yes [gJ No

0

MONEY DEMANDED IN COMPLAINT: no t

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 Infr ingement and (2) Lanham Act Trade Dres s Infr ingement

0

400State

D 463 Allen Detainee

Reapportionment

0

130 Miller Act

D 5

to

Motions to Vacate

D

410 Antitrust

Sentence

D 430

Banks and Banking

D

140 Negotiable

D

530 General

instrument

D 861 HIA (1395ff)

D

450 Commerce/ICC

150 Recovery of

0

535 Death Penalty

Rates/Etc.

0 Overpayment &

D

310 Airplane

D 862 Black Lung (923)

D

460 Deportation

Enforcement of

371 Truth

In

Lending

D

540 Mandamus/01her

D 863 DIWC/DIWW (405 (g

Judgment

D

315 Airplane

380

0 1 h e ~

Personal

D

470 Racketeer influ-

0 151 Medicare Act

Product Liability

Property Damage

D 550 Civil Rights

0

864 SSID Title XVI

anced

&

Corrupt Org.

0 320 Assault, libel

&

D 480

Consumer Credit

152 Recovery of

Slander

D

385 Property Damage

D

555 Prison Condition

D 865

RSI

(405 (g))

0

Defaulted Student D

330

Fed. Employers'

Product liability

D

560 Civil Detainee

D 490 Cable/Sat TV

Loan (Exci. Vet.) liab ilit y

Conditions of

D

870 Taxes (U.S. Plaintiff

D

850 Securities/Com-

153 Recovery of

D

340Marine

Confinement

Defendant)

moditles/Exchange

D

Overpayment of 0 345 Marine Product

D 422 Appeal

28

0 871 IRS-Third Party 26 U

D 890 Other Statutory

Vet. Benefits Liability

usc 158

625 Drug Related

7609

Actions

0

160 Stockholders'

D 350

Motor Vehicle

D

Seizure of Property

21

usc 881

D 891 Agricultural Acts

Suits

D

355 Motor Vehicle

D

69001her

D

19001her

Product liabilit y

D

893 Environmental

Contract

D 360 01her Personal

440

Other Civil Rights

Matters

injury

0 710 Fair Labor Standards

D

895 Freedom of info.

0

195 Contract

D

362 Personal injury-

441 Voting

Act

Act

Product liability

Mad Maipralice 442 Employment

D

720 Labor/Mgmt.

0 896 Arbitration

D

365 Personal injury-

443 Housing/

Relations

Product Liability

Accommodations

367 Health Care/

445 American with

D 740 Railway Labor Act

0 899 Admin. Procedures

D 210 Land

D Pharmaceutical

Disabilities-

0

751 Family and Medical

Act/Review of Appeal of

Condemnation

Personal injury

Employment

Leave Act

Agency Decision

D

220 Foreclosure

Product liabilit y

D

446 American with

D

790 01her Labor

368 Asbestos Disabilities-Other

litigation

D 950 Constitutionality of

0 230 Rent Lease

&

D injury Product Liability

D

448

Education

0

791 Employee Ret. inc.

State Statutes

Ejectment

Act

FOR

OFFICE USE

ONLY:

Case Number:

CV-71 (1

0/14)

CIVIL COVER SHEET Page 1

of

3



17/18

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?

DYes C?SI No

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

Question B.1, at right.

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

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.)


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?

DY e s C?SI

No

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

Question C.1,

at

right.

check one

of

the boxes to the 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.)


....

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

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

DYes

C?SI

No

D

YES. Your case will initiall y be assigned to the Southern Divisio

Enter 'Southern'

In

response to Question E, below, and continu

D NO. Continue to Question B.2.

YES. Your case will initiall y be assigned to the Eastern Division

0 Enter 'Eastern' In response to Question E, below, and continue

from there.

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

0

Enter "Western' In response to Question

E,

below, and continue

from there.

YES. Your case will initiall y be assigned to the Southern Divisio

0 Enter 'Southern' In response to Question E, below, and continu

from there.

D NO. Continue to Question C.2.

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

D Enter 'Eastern'

In

response to Question E, below, and continue

from there

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

D Enter "Western'

In

response to Question E, below, and continue

from there.

D D

D

D.2. Is there

at

least one answer

In

Column B?

DYes

C?SI No

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

SOUTHERN DIVISION.

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

CV·71

(1

0/14)

CIVIL COVER SHEET

Page 2of3

[ Ameriolll Lega Net, Inc.

www fvnnsWor:kflow com



18/18

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 DYE S

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 D YES

If yes, list case number(s):

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

D A. Arise from the

same

or a closely related transaction, happening, or event;

D B. Call

for

determination of

the same

or substantially related or similar questions of law and fact; or

D C. For

other

reasons would entail substantial duplication of labo r 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

A. Arise from the

same

or a closely related transaction, happening, or event;

D B. Call

for

determination of the

same

or substantially related or similar questions of law and fact; or

D 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_ks 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

862

BL

863

DIWC

863

DIWW

864

SSID

865

RSI

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))

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)

All

claims filed

by

insured workers for disability insurance benefits under Title 2

of

the Social Security

Act, as

amende

plus all claims filed for child's insurance benefits based on disability. (42 U.S.C. 405 (g))

All

claims filed for widows or widowers insurance benefits based

on

disability under Title 2

of

the Social Security

Act,

amended.

(42

U.S.C. 405 (g))

All

claims for supplemental security income payments based upon disability filed under Title 16

of

the Social Security

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))


AG Global Products v. Sally Beauty Holdings - Complaint

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