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J&J Sports v Aquilar - Complaint

J&J Sports v Aquilar - Complaint

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Published by pauloverhauser
J&J Sports v Aquilar - Complaint
J&J Sports v Aquilar - Complaint

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Categories:Business/Law
Published by: pauloverhauser on May 22, 2013
Copyright:Attribution Non-commercial

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05/22/2013

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Charlie W. GordonGREENE & COOPER, LLP2210 Green WayP.O. Box 20067Louisville, KY 40250-0067Tel: 502-495-6500Indiana Address:P.O. Box 398Jeffersonville, IN 47131-0398Tel: 812-283-1335Attorneys for Plaintiff J & J Sports Productions, Inc.U
NITED
S
TATES
D
ISTRICT
C
OURT
 F
OR
T
HE
 S
OUTHERN
D
ISTRICT OF
I
NDIANA
 I
NDIANAPOLIS
D
IVISION
 J & J SPORTS PRODUCTIONS, INC.,Plaintiff,vs.LUIS AQUILAR, INDIVIDUALLY andd/b/a FANDANGO'S NIGHT CLUB; andFANDANGO'S, INC., an unknown businessentity d/b/a FANDANGO'S NIGHT CLUB,Defendants.Case No.: 1:13-cv-736COMPLAINTPLAINTIFF ALLEGES:JURISDICTION
1.
 
Jurisdiction is founded on the existence of a question arising under particular statutes. Thisaction is brought pursuant to several federal statutes, including the Communications Act of 1934,as amended, Title 47 U.S.C. 605,
et seq.,
and The Cable & Television Consumer Protection andCompetition Act of 1992, as amended, Title 47 U.S. Section 553,
et seq.
2. This Court has jurisdiction of the subject matter of this action pursuant to 28 U.S.C.Section 1331, which states that the District Courts shall original jurisdiction of all civil actions
Case 1:13-cv-00736-SEB-TAB Document 1 Filed 05/06/13 Page 1 of 8 PageID #: 1
 
 12345678910111213141516171819202122232425262728arising under the Constitution, laws, or treaties, of the United States. This Court has subject matter jurisdiction over the state law claims pursuant to 28 U.S.C. § 1367 (supplemental jurisdiction).3. This Court has personal jurisdiction over the parties in this action as a result of theDefendants’ wrongful acts hereinafter complained of which violated the Plaintiff's rights as theexclusive commercial domestic distributor of the televised fight
Program
hereinafter set forth atlength. The Defendants’ wrongful acts consisted of the interception, reception, publication,divulgence, display, exhibition, and tortious conversion of said property of Plaintiff within thecontrol of the Plaintiff in the State of Indiana.
VENUE
4. Pursuant to Title 47 U.S.C. Section 605, venue is proper in the Southern District, because asubstantial part of the events or omissions giving rise to the claim occurred in this District.
INTRADISTRICT ASSIGNMENT
5. Assignment to the Indianapolis Division of the Southern District is proper because asubstantial part of the events or omissions giving rise to the claim occurred in Marion Countyand/or the United States District Court for the Southern District has decided that suits of thisnature, and each of them, are to be heard by the Courts in this particular Division.
THE PARTIES
 6. Plaintiff, J & J Sports Productions, Inc. is, and at all relevant times mentioned was, aCalifornia corporation with its principal place of liquor located at 2380 South Bascom Avenue,Suite 200, Campbell, California 95008.7. Defendant Luis Aquilar is an officer of Fandango's, Inc., which owns and operates thecommercial establishment doing business as Fandango's Night Club. Fandango's Night Cluboperates at 3336 West 10th Street, Indianapolis, Indiana 46222.8. Defendant Luis Aquilar is also an individual specifically identified by the Department of Liquor License issued for Fandango's Night Club (License # RR4919846).
Case 1:13-cv-00736-SEB-TAB Document 1 Filed 05/06/13 Page 2 of 8 PageID #: 2
 
 123456789101112131415161718192021222324252627289. Plaintiff is informed and believes, and alleges thereon that on May 7, 2011(the night of the
Program
at issue herein, as more specifically defined in paragraph 16), Defendant Luis Aquilarhad the right and ability to supervise the activities of Fandango's Night Club, which included theunlawful interception of Plaintiff’s
Program.
10. Plaintiff is informed and believes, and alleges thereon that on May 7, 2011(the night of the
Program
at issue herein, as more specifically defined in paragraph 16), Defendant LoidaChavarria, as an individual specifically identified on the liquor license for Fandango's Night Club,had the obligation to supervise the activities of Fandango's Night Club, which included theunlawful interception of Plaintiff’s
Program,
and, among other responsibilities, had the obligationto ensure that the liquor license was not used in violation of law.11. Plaintiff is informed and believes, and alleges thereon that on May 7, 2011(the night of the
Program
at issue herein, as more specifically defined in paragraph 16), Defendant Luis Aquilarspecifically directed the employees of Fandango's Night Club to unlawfully intercept andbroadcast Plaintiff’s
Program
at Fandango's Night Club or that the actions of the employees of Fandango's Night Club are directly imputable to Defendants Luis Aquilar by virtue of theiracknowledged responsibility for the actions of Fandango's Night Club.12. Plaintiff is informed and believes, and alleges thereon that on May 7, 2011, Defendant LuisAquilar as managing member of Fandango's, Inc. and as an individual specifically identified on theliquor license for Fandango's Night Club, had an obvious and direct financial interest in theactivities of Fandango's Night Club, which included the unlawful interception of Plaintiff’s
Program.
 13. Plaintiff is informed and believes, and alleges thereon that the unlawful broadcast of Plaintiff’s
Program
, as supervised and/or authorized by Defendant Luis Aquilar resulted inincreased profits for Fandango's Night Club.14. Plaintiff is informed and believed, and alleges thereon that Defendant, Fandango's, Inc. isan owner, and/or operator, and/or licensee, and/or permitee, and/or person in charge, and/or anindividual with dominion, control, oversight and management of the commercial establishment
Case 1:13-cv-00736-SEB-TAB Document 1 Filed 05/06/13 Page 3 of 8 PageID #: 3

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