Smashing Starlets v. Opening Ceremony and Yoko Ono Complaint

Case 1:13-cv-01502-RRM-JMA Document 1 Filed 03/21/13 of 14 PagelD 1

UNITED STATES DISTRICT COURTEASTERN DISTRICT OF NEW YORK

X

Smashing Starlets LLC and Haleh Nematzadeh, CVINIVar 15 0 2Plaintiffs,

-against-: Complaint and Jury Demand

Opening Ceremony, LLC, Yoko Ono, John al4cfsDoes 1-10, XYZ Corporations 1-10. j

Defendants. 1

Smashing Starlets LLC and Haleh Nematzadeh (collectively referred to as "Plain-

tiff') by and through Plaintiffs attorneys, The Aboushi Law Firm, PLLC, and for Plaintiffs

causes of action against the above-named Defendants, states as follows:

INTRODUCTION

This case is about a Yoko Ono and multi-million dollar fashion company who to-

gether stole the designs of an up and coming designer and pawned them offas their own. It

involves the theft by the Defendants of the Plaintiff s unique and cutting edge clothing

designs. The Defendants willfully and intentionally copied all of the Plaintiff's designs

and presented them as their own collection issued by the Defendants. Defendants' tortious

and illegal conduct allowed them to reap millions of dollars in sales, good will, and pub-

licity.

JURISDICTION AND VENUE

1. This is an action for copyright infringement arising under the Copyright Act of

1976, 17 U.S.C.A. 101 et seq. (the "Copyright Act") and other related causes of

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action.

2. This court has exclusive jurisdiction over this action pursuant to 28 U.S.C.A.

1338(a) and original jurisdiction under 28 U.S.C.A. 1331.

3. This court also has jurisdiction pursuant to 28 U.S.C.A. 1338(b), and under its

supplemental jurisdiction over pendent claims.

4. Venue is proper pursuant to 28 U.S.C.A. 1391 and 1400.

PARTIES

5. Plaintiff, Smashing Starlets LLC is a limited-liability company, with its principal

place ofbusiness in Brooklyn, New York.

6. Plaintiff Haieh Nematzadeh is an up and coming designer who resides in Brooklyn,

New York.

7. Defendant Opening Ceremony ("OC"), upon information and belief, is a California

Corporation with its principal place of business in New York, NY that generates

millions of dollars per year in retail sales.

8. Defendant Yoko Ono ("Ono") upon information and belief, is a resident ofNew

York, NY.

9. John and Jane Does 1-10 represents Defendants whose identity is not yet known to

the Plaintiffs.

10. XYZ Corporations 1-10 represents Defendant corporations whose identity is not yet

known to the Plaintiffs.

11. Defendants Opening Ceremony and Ono are collectively referred to in this Corn-

plaint as "Defendants."


BACKGROUND AND FACTUAL ALLEGATIONS APPLICABLE TO ALL CAUSESOF ACTION

12. Plaintiff is engaged in the business of creating, composing, producing, distributing,

publishing and marketing unique designs applied to clothing and accessories.

13. Plaintiff is the copyright proprietor of a unique clothing collection named "Gonna

Walk the Night" (herein referred to as the "Collection") and an application has been

filed with, and was registered by, the United States Copyright Office under regis-

tration number VA0001849755.

14. Plaintiffs Collection was created by Plaintiffs' own skill, labor and judgment, and is

copyrightable subject matter under the laws of the United States.

15. Plaintiffwas introduced to photographers working for OC to do a photo shoot ofthe

Collection in July 2012.

16. The intention was to photograph Plaintiff's Collection so that it may be featured for

sale in OC's catalog and stores worldwide.

17. Plaintiff agreed to show the sketches and pictures of the Collection to OC's pho-

tographers. Moreover, Plaintiff shared her vision, intention, ideas, and inspiration

with OC's photographers.

18. After the OC photographers saw Plaintiff's sketches and pictures, they cancelled the

photo shoot.

19. Plaintiff attempted to reschedule the photo shoot but OC's photographers refused to

do so, stating that they had other projects to work on.

20. Plaintiff nonetheless had another photographer shoot the Collection.

Case 1:13-cv-01502-RRM-JMA Document 1 Filed 03/21/13 Pse 4 of 14 PagelD 4

21. Plaintiff published the Collection on or about October 2012. Defendant knew that

Plaintiff published her collection.

22. The Collection contains a series ofclothing designs that were worn by women.

23. Soon after the Plaintiff launched the Collection, within which her designs were

published, the Defendants published an identical collection ("Offending Collec-

tion"). The offending collection copied exact designs as well as imitated the de-

signs and concepts from Plaintiff's Collection. The Defendants did not have

Plaintiff's permission to copy, replicate, or reproduce the Collection.

24. The offending collection was offered for sale in New York and worldwide, and was

purchased by many consumers in New York.

25. In order to conceal their thievery of Plaintiff s Collection, Defendants renamed the

collection and called it a collection for men.

26. Despite Defendants' feeble attempt at disguising the unlawful use of Plaintiff's

Collection, it is clear that Defendants' copied Plaintiff's design.

27. One piece of the Collection, for example, is a bra like design.

28. Defendants copied this design and used a male to model it.

29. The ridiculousness ofthis farce stands on its face.

30. It is the same design as Plaintiff s bra design but used on a male.

31. What is more, Defendant Ono admitted that the designs used by the Defendants

were novel territory because while the offending collection was allegedly geared for

men, this was the first time Ono has ever designed clothing for men.

32. Indeed, the offending collection was nothing more than a rip off of Plaintiff's


Collection.

33, Defendants tried to cover up the theft by the offending collection a "mens" collec-

tion and utilizing males to model the clothing.

34. Defendants represented to consumers, the public, and the media that they created

the designs on the clothing.

35. In fact, the designs were that of the Plaintiff

36. Defendants' theft ofPlaintiff s design has caused them to reap millions ofdollars in

sales, publicity, and notoriety.

37. The fashion industry heralded the Defendants' offending collection as cutting edge,

brilliant, and genius.

38. The offending collection, however, was Plaintiff s Collection.

39. In no uncertain terms, Defendants copied Plaintiff's design.

40. Upon information and belief, the scheduled photo shoot with OC's photographers

was nothing more than a ruse to gain access to Plaintiff's confidential and propriety

designs and sketches.

41. Once OC's photographers gained access, they usurped the designs and sketches for

the unlawful benefit ofDefendants.

42. After the launch of the offending collection, Defendant Ono even posed for pictures

showing her sketching the designs.

43. Defendant Ono full well knew the photo opportunity was a sham as she did not

design the offending collection and full well knew Plaintiff designed and created it.

44. When the Defendants launched the offending collection, Defendant OC boasted:


"In 1969, YOKO ONO presented John Lennon with a series of sketches as a wedding gift.The illustrations were designs for clothing and accessories intended to celebrate John's "hotbod." As ONO explains, "1 was inspired to create 'Fashion for Men, [because I was]amazed at how my man was looking so great. I felt it was a pity ifwe could not makeclothes emphasizing his very sexy bod." This season, 48 years after John and ONO's

wedding, ONO and Opening Ceremony have worked together to bring her sketches to

life!" http://www.openiuceremony.us/entry.asp?pid=6993

45. Defendants full well knew that the foregoing statement was completely false and

that the designs were created by and belong to, the Plaintiff.

46. The above-described unauthorized actions is an act of copyright infringement, in

violation of the Copyright Act, as amended, including, but not limited to, 17

U.S.C.A. 106, and is therefore unlawful.

47. Moreover, each such unauthorized action was committed willfully.

48. The above-described actions of Defendants have served to usurp Plaintiffs exclu-

sive right to determine whether, when, and under what terms the Collection would

be used for commercial purposes.

49. In addition, the unlawful actions of Defendants have materially diminished the fu-

ture value of the Collection should Plaintiffwish to make it available for future

commercial opportunities.

50. Defendants' actions caused the Plaintiff to miss an entire season of commercial

viability for her Collection.


COUNT I. FEDERAL COPYRIGHT INFRINGEMENT (17 U.S.C.A. 101 et seq.)

51. Plaintiff incorporates by reference all paragraphs of this Complaint as if fully re-

alleged and restated here in this Complaint.

52. Plaintiff is the lawful and sole proprietor of the copyright to the Collection.

53. Defendants have not been granted a license to reproduce, distribute, publicly per-

form, or in any way use, compile, or exploit the Collection by Plaintiff

54. As alleged above, Defendants have had access to, and have illegally copied sub-

stantial parts, if not all of, the Collection.

55. Defendants have distributed, reproduced, publicly usurped, made available, and

placed into the stream ofcommerce illegal copies of the Collection and its designs.

56. Plaintiff is entitled to an injunction restraining Defendants, their agents and em-

ployees and all persons acting in concert with them, from engaging in any further

acts in violation of the copyright laws and infringements ofPlaintiffs rights under

the copyright laws.

57. Defendants' direct and willful acts of infringement have and will cause irreparable

harm to unless such conduct is preliminarily and permanently enjoined, since the

reproduction and distribution ofthe Collection has a special and unique value in the

fashion industry.

58. Plaintiff is further entitled to recover from Defendants the damages, including at-

torney's fees, sustained and that will be sustained, and any gains, profits, and ad-

vantages obtained by Defendants as a result of Defendants' acts of infringement

Case 1:13-cv-01502-RRM-JW^ Document 1 Filed 03/21/13 Pag 8 of 14 PagelD 8

alleged above.

59. At present, the amount of such damages, gains, profits, and advantages cannot be

fully ascertained by Plaintiff, but are reasonably believed to exceed $10,000,000.

60. Plaintiff has no adequate remedy at law for Defendants' wrongful conduct for the

reason that: (a) plaintiffs copyrights are unique and valuable property that have no

readily determinable market value; (b) the infringement by Defendants constitutes

an interference with Plaintiffs good will and contractual relationships; and (c)

Defendants' wrongful conduct, and the damages resulting to plaintiff from such

wrongful conduct, is continuing. Defendants' acts of copyright infringement have

caused Plaintiff irreparable injury and Defendants have the ability to continue to

commit these acts.

61. Accordingly, Plaintiff is entitled to damages as well as to injunctive relief pursuant

to 17 U.S.C.A. 502, and to an order under 17 U.S.C.A. 503 that the infringing

products be impounded.

COUNT II. UNFAIR COMPETITION



63. Defendants' wrongful acts of unfair competition consist of utilizing the Collection

for the specific purpose of creating the false impression that Plaintiff has endorsed

Defendant's collection.

64. Defendants, by imitation or unfair device, have induced the general public to be-

lieve that they had the right to distribute and use the Collection and/or that Plaintiff

Case 1:13-cv-01502-RRM-JA Document 1 Filed 03/21/13 of 14 PagelD 9

commercially endorse their products.

65. Defendants have received and obtained substantial gains, profits, advantages, and

benefits that Plaintiff rightfully deserves, by reason of their wrongful acts of unfair

competition.

66. Defendants, by way of their wrongful acts of unfair competition, have appropriated

to themselves the value of the reputation that Plaintiff has acquired by way of their

creation, production, and publication of the Collection.

67. A natural, probable, and foreseeable consequence of the Defendants' wrongful acts

of unfair competition resulted in substantial deception to the general public.

68. Defendants' wrongful acts constitute unfair competition under the laws ofNew

York.

69. Plaintiff is entitled to recover from Defendants the monetary damages suffered by

Plaintiff as a result of Defendants' wrongful acts ofunfair competition.

70. Plaintiff is further entitled to recover from Defendants the gains, profits, ad-

vantages, and benefits Defendants have received and obtained as a result of the

unfair acts of unfair competition.

71. Defendants have acted intentionally, recklessly, willfully, and in bad faith, and

plaintiff is therefore entitled to exemplary damages because of Defendants'

wrongful acts of unfair competition.

Case 1:13-cv-01502-RRM-JM4, Document 1 Filed 03/21/13 Pae10 of 14 PagelD 10

COUNT III. UNJUST ENRICHMENT

72. Plaintiff incorporates by reference all paragraphs ofthis Complaint as if fully re-


73. Defendants have received and obtained substantial gains, advantages, and benefits

by creating the false impression that Plaintiff has endorsed Defendant's offending

collection.

74. Moreover, Defendants reaped the benefits of Plaintiff's toil in creating the Collec-

tion.

75. It is inequitable and unjust for the Defendants to retain those gains, advantages, and

benefits.

76. Defendants have enriched themselves at the expense and to the detriment of Plain-

tiff

77. To the extent Defendants inferred a false endorsement of their goods and services

by Plaintiff, Plaintiff has conferred a benefit on Defendants.

78. To the extent Defendants exploit Plaintiff's Collection as their own. Defendants

have retained such benefit without adequately compensating Plaintiff for the bene-

fit.

79. Defendants should not in equity and good conscience be permitted to retain the

benefit bestowed on them by Plaintiff

80. As a result of the retention of the benefit, Defendants have been unjustly enriched

and are jointly and severally liable to Plaintiff

81. As a result of the unjust enrichment of Defendants, Plaintiff has incurred damages

Case 1:13-cv-01502-RRM-JM4, Document 1 Filed 03/21/13 PacLes11 of 14 PagelD 11

in an amount to be determined at trial, plus applicable interest, attorney's fees, and

costs.

82. Plaintiff is entitled to receive and obtain from the Defendants the reasonable value

of an endorsement by Plaintiff.

Count IV-Violation of New York GBL Section 349



84. Defendants falsely claimed to residents ofthe State ofNew York, and the World, in

an incalculable number ofarticles and press events that John Lennon inspired the

offending collection.

85. This misrepresentation had the sole purpose of deceiving the public into thinking

that Plaintiff's Collection belonged to Yoko Ono, and was inspired by Jon Lennon.

86. The Defendants' goal in their misrepresentation was to deceive the public into

buying the offending collection.

87. Because of these and other misrepresentations discussed in the Complaint, the

Defendants cheated New York consumers into buying the fraud that is the offending

collection.

88. Such deceptive practices were calculated, premeditated, and aimed at deceiving the

public as a whole simply to enrich the Defendants.

89. Indeed, the lore ofJohn Lennon, and any product associated with him, has always

inspired voracious commercial activity when it otherwise would not exist.

90. Defendants created a market for the offending collection by falsely associating it

Case 1:13-cv-01502-RRM-JMA Document 1 Filed 03/21/13 Pa,z12 of 14 PagelD 12

with John Lennon.

91. The materially misleading association with John Lennon enriched the defendants

millions of dollars at the expense of the unsuspecting public.

92. Plaintiff and the Public were harmed by fraud perpetrated by the Defendants.

93. Amongst other things, Plaintiff had her Collection counterfeited and the public was

duped out of their money.

94. Moreover, the public is deprived from the opportunity to make an informed and free

will based decision on whether or not they would purchase the offending collection

absent the false connection to John Lennon.

95. Consumers no doubt relied on these misrepresentations in purchasing the offending

collection.

Count V-Violation of New York GBL Section 350



REQUEST FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this court enter a final judgment in

Plaintiffs favor and against the Defendants, jointly and severally, as follows:

1. The court find that Defendants have infringed on Plaintiffs copyright in the Com-

position;

2. Defendants, their agents, employees, and all other persons in active concert or privity

or in participation with them, be enjoined from directly or indirectly infringing Plain-

tiffs copyright in the Collection or from continuing to market, offer, sell, dispose of,

Case 1:13-cv-01502-RRM-Ae, Document 1 Filed 03/21/13 Paci13 of 14 PagelD 13

license, lease, transfer, display, advertise, reproduce, develop, or manufacture any

works derived, copied, and/or sampled from the Collection, in whatever medium, or to

participate or assist in any such activity;

3. This court order Defendants, and all their representatives, agents, servants, em-

ployees, officers, directors, partners, attorneys, subsidiaries, and all persons under their

control or acting in active concert or participation with them, to immediately post a

notice on the Web site ofeach Defendant stating that the prior use ofthe Collection was

unauthorized and illegal;

4. This court order that Defendants, their affiliates and licensees, immediately cease

and desist from any further recording, reproduction, distribution, transmission, or other

use of the Collection;

5. Defendants be enjoined and ordered to deliver on oath, to be impounded during the

pendency of this action and destroyed pursuant to judgment in this action, all originals,

copies, or duplicates of any work shown by the evidence to infringe any copyright in

the Collection;

6. Judgment be entered for Plaintiff and against Defendants for Plaintiffs actual

damages and for any profits attributable to infringements of Plaintiffs copyright in the

Collection, pursuant to the Copyright Act of 1976, 17 U.S.C.A. 101 et seq.;

7. Judgment be entered for Plaintiff and against Defendants for statutory damages

based on Defendants' acts of infringement, pursuant to the Copyright Act of 1976, 17

U.S.C.A. 101 et seq., including 17 U.S.C.A. 504(B) and/or (C)(1) and (2), an

election to be made during the pendency of this action;

Case 1:13-cv-01502-RRM-JMA Document 1 Filed 03/21/13 of 14 PagelD 14ud

8. Judgment be entered for Plaintiff and against Defendants for Plaintiffs actual

damages and for any profits attributable to infringements ofPlaintiffs rights, including

attorney's fees and costs of suit;

9. All gains, profits, and advantages derived by Defendants from their acts of in-

fi-ingement and other violations of law be deemed to be held in constructive trust for the

benefit of Plaintiff;

10. Defendants be ordered to furnish to Plaintiff a complete and accurate accounting of

all profits earned in connection with their use of the offending collection; and

11. The court grant such other, further, and different relief as the court deems just,

proper, and equitable under the circumstances

Dated: March 20, 2013 The Aboushi Law Firm

s/Aymen A. Aboushi,Aymen A. Aboushi, Esq.EDNY Bar ID: AA58041441 Broadway, 5111 FloorNew York, NY 10018Tel: 646-569-5544Fax: 646-417-7191Email: [email protected] VV YV.CIAJVL13111.4%/111

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811111.Erkil it111111111111111111%.4 OLT 74 4 ill-la:4,mivansoma 14,Ntrii.q11111.

DATE

....3FOOFFICE ILSE ONLY TTIRE ORNEY R ORD

A 7_______Case

1:13-cv-01502-RRM-JtA,S Document 1-1 Filed 03/21/13 Page 1 of 2 PagelD 15Z14 (Rev. 1/2013) 'CIVIL COVER SHEETThe JS 44 civil cover sheet and the information contaMed herein neither replace nor supplement the filing and service of pleadings or other papers as revired by law, except asprovided by local tides of court This form, approved by the Judicial Conference of the 'United States in September 1974, is-required for the use of the Clerk ofCourt for thepurpose of Mitiating the civil docket sheet. (SRE_INSTRUCTIONS ON marPAGE OF THIS FORM.)

I. (a) PLAINTIFFS 1 DEFENDANTSSmashing Starlets LLC and Haleh Nematzadeh, Opening Ceremony LLC, Yoko Ono

(b) County of Residmice of First Listed Plaintiff Kings County of Residence of First Listed Defendant Unkown

C 3 Ug PLAINTIFF C

MN 5 0 2 z.Ls. pLA/2,...npFcAsoNum: IN LAND CONDEMNATION CASES, ILSE THE Lot:XL-ION OF

THE TR %CT OF !AND INVOLVED.

(C) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (IfKnown)Aymen A. Aboushi Unknown1441 Broadway, 5th Floor, NY, NY 10018646.569.5544

II. BASIS OF JURISDICTION (piece an -X"in One HoxOnly) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an 'X" in One Box/Or Plaint(

i(PorDiversity Cases Only) and One Box forDgeendanr)n 1 U.S. Government N 3 Federal. Question PTF DEF PLF DEE

Plaintiff (U.S. Government Not a ParROSS all, of This State 0 1 Ti 1 Incorporated or Principal Place ri 4 0 4of Business In This State

0 2 S. Govonmein CI 4 Diversity Citizen of Another State (3 2 0 2 Incorporated and Printipal Place 0 5 0 3Dcfaulant (indicate Citizenship ofParnes, In Item 111) of Business In Another State

Ci radii or Subject ofa 0 3 3 Foreign Nation 6 7.1 6

FordigritountryIV. NATURE OF SUIT (mace an in One Box Orilvf

O 110 Insurimce PERSONAL INJURY PERSONAL INJURY 0 625 Drug Related Seizure 0 422 Apnea/ 28 USC l.5:c/-3 0 False Claims Act

1 120 Marine CP 310 Airplane 0 365 Personal Injury or Property 21 USC 881 0 423 Withdrawal 011-430 State Reapiutaionment3 130 Millta Act 0 315 Aiipiane Product Product Liability 1 690 Othei 28 USC 1.-_^ 7 0.....410 Antitrust ...r.:7:3 140 Negotiable Instillment Liability 0 367 Health care! n 430 I3anks :tricakinking1 )511 Recovirry ofOveipayment 1 320 Assault, i..ilial & Pluumucentical OtlUdi.W.Ptriffi.:f1:4,0.11111. 1—IS0 ComMa4

it Enfortament of Judgment Slander Peminal Injuly N 820 Copyrights .T.. 0-460 Deport4dIT-D1 151 Medicare Act,n 330 Federal EmployersProduct Liability 0 830 Patent 1 470 Racketeer Influenced and

n 152 Recovery of Defaul led Liability 0 368 Ashestoa Personal 0 840 Trademark 7.7 Commt OrganizationsStudent Loans n 340 Marine InjuryProduct. 0 i110 Consumer Credit

(Excludes Veterans) n 345 Marine Product I lability RITA;111/W;;IC.i..ii r.„11S17:4tkl:. ik,,,.zust gi.490 CableiSat TV

O 153 Recovery of Overpayment Liability' PERSONAL PROPERTY 0 710 Fair Labor Standards 0 861 DIA 0395ff) 'Aso Securities/Commodities/

ofVeteran's lienetits 0 350 Motor Vehicle 0 370 Other Fraud Act 0 862 Black Lung (923) Exchange1 160 Stockholdsa-s' Suits 0 355 Motor Vehicle 0 371 Truth in-Lending 0 720 LaboriManagr.mtnt 3 863 DIWODIWW (405(g)) 0 890 Other Stannous,. Actions

O 190 Other Contract Product Liability 0 380 Other Personal Relations J.1 864 SSID Title XVI 0 891 Avieultural Aar

El 195 Contract Product Liability 3 360 Other Personal Property Damage 0 740 Railway Labor Act 0 865 ROI (405(g)) 0 893 Environmental Matters

0 196 Franchise Injury 0 385 Property Damage 3 751 Family and Medical 3 893 Freedom of Information

0 362 Personal Injury Product Liability Leave Act Act

Medical Mal aelice 0 790 Other Labor Litigation 0 896 Arhitration

....=.21t==azemi:rv.is,791 Employee Retirement 11811174517,1111103:4EITIONIO 0 899 Administrative Procedure

0 210 Land Condemnation 0 440 Other Civil Rights Habeas Corpus: Income Security Act 0 870 Taxes (U S. Plaintiff ActReview or Appeal a

01 220 Foreclosure 0 441 Voting CI 463 Alien Detainee or Defendant) Agency Decision

0 230 Rent lease At Ejectment 0 442 Employment El 510 Motions in Vacate 0 871 IRS—Third Party n 950 Constitutionality of

3 240 Toils to Land 0 443 Housing, Sentence 26 USC 7609 State Statutes

3 245 Tort Product Liability Accommodations 0 530 Gemeral

1 290 All Other Real Property 0 445 Amer. Iv:Disabilities 0 535 Death Penalty ..V.P:.)21;:.L.Ity&JIIIMIIMEmploymtan Other: 3 462 Nattnalization Application

0 446 Amer. w/Disabilities El 340 Mandamus & Other .3 463 Other litunignitionOther 0 530 Civil Rights Actions

0 448 Education 1 555 Prison Condition0 560 Civil Detainee

Conditions of

Confinement

V. ORIGIN (Place an "X'' in One Box Oni54E 1 Original 1 2 Removed from 71 3 Remanded from LI 4 Reinstated or 1 5 Transferred from 7..1 6 Multidistrict

Proceeding State Court Appellate Court Reopened Another District Litigation(soecifi4

Cite the U.S. Civil Statute under which you are filing (Do not citejurisdictional statutes unless ^fiversi(y):17 U.S.C.A. 101 et sect.

VI. CAUSE OF ACTION Brief description of cause:

Defendants violated Plaintiffs' copyrightsVII. REQUESTED IN CHECK IF TI-US IS A CLASS ACTION DEMAND CHECK YES only if demaaded in complaint:

COMPLAINT: UNDER RULE 23, F.R.Cv P. JURY DEMAND: Yes 71 No

VIII. RELATED CASE(S)(s. instruction&

IF ANY JUDGE DOCKET NUMBER

RECEIPT A mar. NT APPLYING 1FP JUDGE FizrvI MAG. RIDGE

EDiFasReey:36.6f016392rtilivaArickvaindituRK-119p,a1ille Pageaof 2 PagelD 16

Local Arbitration Rule 83.10 provides that with certain exceptions_ actions seeking money damages only in an amount not in excess of $150,000,exclusive of interest and costs, are eligible for compulsorv arbitration. The amount of damages is presumed to be below the threshold amount unless acertification to the contrary is filed.

Aymen A. AboLshi, Esq, counsel for Plaintiff do hereby certify that the above captioned civil action isineligible for compulsory arbitration for the following reason(s):

monetary damages sought are in excess of $150,000, exclusive of interest and costs,

the complaint seeks injunctive relief,

El the matter is otherwise ineligible for the following reason

DISCLOSURE STATEMENT FEDERAL RULES CIVIL PROCEDURE 7.1

Identify any parent corporation and any publicly held corporation that owns 10% or more or its stocks:

N/A

RELATED CASE STATEMENT (Section VIII on the Front of this Forml

Please list all cases that are arguably related pursuant to Division of Business Rule 50,3.1 in Section VIII on the front of this form. Rule 50.3.1 (a)provides that "A civil case is -related" to another civil case for purposes of this guideline when, because of the similarity of facts and legal issues or

because the eases arise from the same transactions or events, a substantial saving ofjudicial resources is likely to result from assigning both cases to thesame judge and magistrate judge.' Rule 50.3.1 (b) provides that A civil case shall not be deemed "related" to another civil case merely because the civilcase: (A) involves identical legal issues, or (B) involves the same parties.- Rule 50.3.1 (c) further provides that "Presumptively, and suhject to the powerof ajudge to determine otherwise pursuant to paragraph (d), civil cases shall not be deemed to bc "related" unless both cases are still pending before thecourt."

NY-E DIVISION OF BUSINESS RULE 50.1(41(21

I Is the civil action being filed in the Eastern District removed from a New York State Court located in Nassau or SuffolkCounty: No

2.) Ifyou answered "no" above:a) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in Nassau or SuffolkCounty? No

b) Did the events of omissions giving rise to the claim or claims, or a substantial part thereof, occur in the EasternDistrict? Ytin

If your answer to question 2 (b) is "No, does the defendant (or a majority of the defendants, if there is more than one) reside in Nassau or

Suffolk County, or, in an interpleader action, does the claimant (or a majority of the claimants, if there is more than one) reside in Nassauor Suffolk County? Nh5,

(Note: A corporation shall be considered a resident of the County in which it has the most significant contacts).

BAR ADMISSION

I am currently admitted in the Eastern District of New York and currently a member in good standing of the bar of this court.

KI Yes fl No

Are you currently the subject of any disciplinary action (s) in this or any other state or federal court?Yes (If yes, please explain) MI No

IIcerti all in o mation Ito ided above.

Signatur, 'tg

....40Wr

Smashing Starlets v. Opening Ceremony and Yoko Ono Complaint

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Transcript of Smashing Starlets v. Opening Ceremony and Yoko Ono Complaint