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LA Gem & Jewelry Design v. Alex and Ani et. al.

LA Gem & Jewelry Design v. Alex and Ani et. al.

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Published by PriorSmart
Official Complaint for False Marking in Civil Action No. 2:13-cv-03776-DSF-E: LA Gem & Jewelry Design, Inc. v. Alex and Ani, LLC et. al. Filed in U.S. District Court for the Central District of California, the Hon. Dale S. Fischer presiding. See http://news.priorsmart.com/-l8vz for more info.
Official Complaint for False Marking in Civil Action No. 2:13-cv-03776-DSF-E: LA Gem & Jewelry Design, Inc. v. Alex and Ani, LLC et. al. Filed in U.S. District Court for the Central District of California, the Hon. Dale S. Fischer presiding. See http://news.priorsmart.com/-l8vz for more info.

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3 MILOltD & ASSOCIATES, P.C.
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5 Fax: (310) 226-7879 . .
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for Plaintiff
7 LA GEM & JEWELRY DESIGN, INC.
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
LA GEM & JEWELRY DESIGN, f l.7 3] 7 6 tt1
INC., a California Corporation dba LA )
ROCKS, ) COMPLAINT FOR:
Plaintiff,
vs.
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1. Lanham Act § 43( a) Unfair
Competition and False
Advertising
2. False Patent Marking 35 U.S.C §
292
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) 3.
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ALEX AND ANI, LLC, a Rhode Island)
limited liability company, o,Y1d oo-sS )
Declaration ofNon .. Jnfringement,
Invalidity, and Unenforceability of
Design Patent
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Defendant. )
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Declaration of Trade Dress Non-
Infringement, Invalidity, and
Unenforceability
Unfair Competition and False
Advertising Under California Law
) JURY TRIAL DEMANDED

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COMPLAINT - Jury Demand
Case 2:13-cv-03776-DSF-E Document 1 Filed 05/28/13 Page 1 of 38 Page ID #:5

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COMPLAINT – Jury Demand
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Plaintiff LA Gem & J ewelry Design, Inc. dba LA ROCKS (“LA Gem”) by and
through its undersigned attorneys, sues Alex and Ani, LLC (“Alex”), and alleges:

THE PARTIES
1. Plaintiff LA GEM is a California corporation having a place of business in
Los Angeles, California. LA GEM also conducts business under its LA ROCKS service
mark.
2. Upon information and belief, Defendant Alex is a Rhode Island limited
liability company. Alex conducts business and sells merchandise across the country,
including California and this District. Indeed, Alex boasts on its website
<www.alexandani.com/blog/alex-and-ani-conquered-los-angeles/>that “Alex And Ani
Conquered Los Angeles!” at its “Bangle Bar Party” sales and marketing event in Los
Angeles, California. Further, Alex operates an e-commerce website located at
<www.alexandani.com>, which distributes products throughout the United States,
including California and this District.

JURISDICTION AND VENUE
3. The Court has jurisdiction over the subject matter of this action pursuant to
28 U.S.C. §§ 1331, 1338(a), 35 U.S.C. § 292, the Lanham Act, 15 U.S.C. §§ 1125 and
1121 et seq., and pursuant to 28 U.S.C. §§ 2201(a) and 2202. The Court also has
supplemental jurisdiction pursuant to 28 U.S.C. § 1367(a).
4. This Court has personal jurisdiction over Defendant Alex because, by
engaging in at least the conduct itemized above, it has purposely directed its activities to
California and this District and purposely availed itself of the benefits and protections of
the laws of California, including this District. Further, Alex’s contacts with the State of
California and this District are significant and pervasive, including hosting marketing and
sales events in Los Angeles, and having sales representatives, dealers, and distributors
located in California and this District, and selling products directly to consumers in
Case 2:13-cv-03776-DSF-E Document 1 Filed 05/28/13 Page 2 of 38 Page ID #:6

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COMPLAINT – Jury Demand
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California and this District through its e-commerce website.
5. Venue is proper in this judicial district pursuant to 28 U.S.C. §1391(b) and
(c), and §1400(b) because Defendants conduct business in this District, reside in this
District, and/or a substantial part of the events or omissions giving rise to the claim
occurred in this District.

FACTS COMMON TO ALL COUNTS
6. LA GEM is a designer and creator of jewelry whose jewelry pieces are sold
by numerous national retailers.
7. In or about 2006, LA GEM independently created an expandable bangle
jewelry product based on public domain works, including designs from the Victorian era
(“LA Gem Bangle”). The LA Gem Bangle is sold in packaging bearing the “Love This
Life” trademark, which mark is also displayed on at least one charm. The following is an
example of one LA Gem Bangle:












8. Although the bangle’s functional portion is repeated in the LA Gem
Bangles, LA GEM has numerous pendants moveably mounted on the bangle.
Case 2:13-cv-03776-DSF-E Document 1 Filed 05/28/13 Page 3 of 38 Page ID #:7

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COMPLAINT – Jury Demand
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9. LA GEM has sold the LA Gem Pendant to its customer Kohl’s Department
Stores, Inc. (“Kohl’s”), a national retailer.
10. On May 15, 2013, Alex, through its counsel, sent a letter to Kohl’s,
demanding “Kohl’s immediately cease[] and desist[] from any further importation, sale,
or offer for sale of the [LA Gem Bangles] and provide[] the identity of the
manufacturer(s) of the [LA Gem Bangles]. [Alex] also require[d] an accounting of all
sales of the [LA Gem Bangles].” The correspondence claims that Kohl’s sales of the LA
Gem Bangles “without authorization or license” have violated Alex’s intellectual
property rights in U.S. Patent No. D498,167 (the “’167 Design Patent”), a copy of which
is attached hereto as EXHIBIT 1. Alex further claimed that Kohl’s sales of LA Gem
Bangles have violated its trade dress intellectual property rights and constitute unfair
competition, instructing Kohl’s to not spoliate evidence, which is only necessary for
imminent litigation purposes. A true and correct copy of said correspondence is attached
hereto as EXHIBIT 2.
11. On May 24, 2013, Alex, through its counsel, sent a second letter to Kohl’s
threatening to “institut[e] a lawsuit” if Kohl’s failed to respond to Alex’s unfounded
infringement demands. A true and correct copy of said correspondence is attached as
Exhibit 3.
12. On May 24, 2013, Kohl’s demanded, based on its vendor agreement, that
LA GEM defend and indemnify Kohl’s against Alex’s allegations of patent and trade
dress infringement, and unfair competition. On May 28, 2013, Kohl’s in-house senior
counsel emailed Alex’s counsel identifying LA GEM as the vendor of the wrongly
accused products and informing him of LA GEM’s defense and indemnification
obligation.
13. Alex has filed numerous patent and trade dress infringement lawsuits against
third-parties – based on the same purported patent and trade dress rights asserted against
Kohl’s and LA GEM – for selling similar expandable bangles, even though its patent is
invalid based on prior art in the public domain.
Case 2:13-cv-03776-DSF-E Document 1 Filed 05/28/13 Page 4 of 38 Page ID #:8

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COMPLAINT – Jury Demand
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14. Accordingly, Alex’s threats of patent and trade dress infringement have
created an actual, substantial and justiciable case or controversy between LA GEM – its
retailer Kohl’s – and Alex concerning the right of LA GEM to manufacture and sell the
LA Gem Bangles to Kohl’s and Kohl’s ability to sell the LA Gem Bangles to the public.
Furthermore, to the extent, if any, that apprehension of suit remains relevant to
considerations of jurisdiction for declaratory judgment, LA GEM has a reasonable
apprehension of imminent suit by Alex.
15. On information and belief, in addition to making unfounded infringement
claims, Alex has falsely advertised, in interstate commerce, the scope of its invalid design
patent and misled the public into believing that it owns a utility patent that protects the
functional features of its bangle. Alex falsely advertises and asserts, in interstate
commerce, that “[u]tilizing an innovative patented and completely original technology,
the expandable concept replaces traditional clasps with a sliding mechanism, making
each piece adjustable. This signature expandable feature is available in expandable wire
bracelets and rings, expandable chain necklaces and endless hoop earrings.” A true and
correct copy of at least one page of Alex’s website bearing the false statement is attached
hereto as EXHIBIT 4.
16. On information and belief, Alex’s website fails to provide the patent number
or numbers covering the purported “innovative patented and completely original
technology” or disclose to the public and competitors, such as LA GEM and its
customers and potential customers, that it only holds a design patent which cannot protect
“the expandable concept [that] replaces traditional clasps with a sliding mechanism,
making each piece adjustable.”
17. Alex is fully aware of its false statements of patent scope and further
misleads recipients of its unfounded cease and desist letters by sheepishly omitting a
copy of the design patent, which is invalid and unenforceable.
18. As a result of Defendants’ acts and false statements as alleged herein, LA
GEM has and continues to suffer substantial injury and damage, and has lost gains,
Case 2:13-cv-03776-DSF-E Document 1 Filed 05/28/13 Page 5 of 38 Page ID #:9

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COMPLAINT – Jury Demand
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profits and/or advantages, which it would otherwise have obtained, but for Defendants’
acts.
COUNT I
Lanham Act § 43(a) False Advertising and Unfair Competition

19. LA GEM hereby realleges and incorporates the allegations in paragraphs 1
to 18 of the complaint as if fully set forth herein.
20. On November 9, 2004, the U.S. Patent & Trademark Office (“USPTO”)
issued the ‘167 Design Patent for only the aesthetic design of a bangle, naming Carolyn
Rafaelian Ferlise as inventor. On information and belief, the ‘167 Design Patent has been
assigned to Alex.
21. LA GEM is Alex’s competitor in the jewelry design, manufacture,
distribution, and sales market.
22. Upon information and belief, Alex, directly and indirectly through its agents,
has used false and misleading representations of fact in connection with the commercial
advertising and promotion of its bangle product, which is sold in interstate commerce.
23. Alex falsely advertises, at least on its website, the ‘167 Design Patent covers
functional and mechanical claims that are only covered by utility patents and fails to
disclose anywhere on its website either the patent number or that it holds only a design
patent on the purported invention.
24. Only a single claim is permissible in a design patent and Alex is fully aware
that the drawings of the ‘167 Design Patent, which form the single claim, cannot and do
not extend to or claim an expandable function as a matter of law.
25. Despite being sued in the past by third-parties and made aware of the false
patent scope statements on at least its website, Alex has continued to make the false
statements to thwart competition.
26. These actions of Alex constitute false advertising in violation of Section
43(a) of the Lanham Act, 15 U.S.C. 1125(a).
Case 2:13-cv-03776-DSF-E Document 1 Filed 05/28/13 Page 6 of 38 Page ID #:10

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COMPLAINT – Jury Demand
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27. By reason of the foregoing, Alex has caused and is causing irreparable harm
to LA GEM. By falsely misleading the public and the industry as to the scope of its
patent protection, Alex is attempting to unlawfully coerce customers in the jewelry
business to buy the public domain bangles exclusively from Alex and at inflated prices.
28. As a result of Alex’s false advertising, LA GEM has suffered, and will
continue to suffer, damage and injury to its business, with a resulting serious loss in
revenue and profits.
29. LA GEM has no adequate remedy at law.

COUNT II
False Patent Marking in Violation of 35 U.S.C. § 292
30. LA GEM hereby realleges and incorporates the allegations in paragraphs 1
to 29 of the complaint as if fully set forth herein.
31. Alex has used the word “patent” and the like in association with the sale and
advertising of its products representing that the bangle and all of its uses are covered by a
utility patent for the purposes of deceiving the public, including customers and retailers in
violation of 35 U.S.C. § 292.
32. As a result of the foregoing, Alex’s actions have caused, and are continuing
to cause, irreparable harm to LA GEM.
33. As a result of Alex’s actions, LA GEM has suffered, and will continue to
suffer, damage and injury to its business, with a resulting loss of revenue and profits.
34. LA GEM has no adequate remedy at law.

COUNT III
Declaration of Noninfringement, Invalidity and Unenforceability
Of the ‘167 Design Patent
35. LA GEM hereby realleges and incorporates the allegations in paragraphs 1
to 34 of the complaint as if fully set forth herein.
Case 2:13-cv-03776-DSF-E Document 1 Filed 05/28/13 Page 7 of 38 Page ID #:11

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COMPLAINT – Jury Demand
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36. LA GEM seeks a declaratory judgment that the ‘167 Design Patent is
invalid, not infringed and unenforceable for one or more of the following reasons:
a. the ‘167 Design Patent is invalid for failure to comply with the
requirements of the patent laws of the United States, including, but not
limited to, 35 U.S.C. §§ 102, 103 and 112;
b. LA GEM has not infringed, induced infringement of or contributorily
infringed the ‘167 Design Patent, and is not liable for infringement;
c. The ‘167 Design Patent is unenforceable due to patent misuse; and
d. Alex is barred from obtaining any relief based on the ‘167 Design Patent
because of laches, estoppel, and unclean hands.

COUNT IV
Declaration Of Non-Infringement, Invalidity, and Unenforceability
Of Alleged Trade Dress
37. LA GEM hereby realleges and incorporates the allegations in paragraphs 1
to 36 of the complaint as if fully set forth herein.
38. On information and belief, prior to the date of Defendants’ purported
creation, third parties developed and first introduced the expandable bangle product,
which designs are in the public domain.
39. On information and belief, the alleged trade dress is used on products
offered for sale and sold, and that have long been offered for sale and sold, by others in
the jewelry design industry.
40. On information and belief, the alleged trade dress does not include
protectable trade dress, it is not inherently distinctive, it is functional, and has not
acquired secondary meaning including, inter alia, Alex engaged in patent misuse to
exclude competition.
41. LA GEM does not infringe, and has not infringed, any protectable trade
dress rights of Alex in the alleged trade dress, and has not engaged in any unfair
Case 2:13-cv-03776-DSF-E Document 1 Filed 05/28/13 Page 8 of 38 Page ID #:12

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COMPLAINT – Jury Demand
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competition or false designation of origin.
42. Alex’s alleged trade dress does not constitute a valid and protectable
trademark because the ornamental and decorative product features lack distinctiveness
and does not serve as a source identifier for Alex.
43. Alex is barred by the doctrines of waiver, laches, unclean hands, and/or
estoppel from asserting the alleged trade dress against LA GEM.
44. LA GEM respectfully submits that it is entitled to a declaration from this
Court that LA GEM has not infringed any protectable trade dress right by selling the LA
Gem Bangle; Alex has no rights in the alleged trade dress; Alex is barred from asserting
any claim for infringement of the alleged trade dress against LA GEM; and LA GEM has
not engaged in unfair competition or false designation of origin, with respect to the
alleged trade dress.
45. LA GEM has no adequate remedy at law.

COUNT V
Unfair Competition And False Advertising
(Cal. Bus. And Prof. Code Sec. 17200 and 17500 et. seq.)
46. LA GEM hereby realleges and incorporates the allegations in paragraphs 1
to 36 of the complaint as if fully set forth herein.
47. Alex is LA GEM’s competitor in the jewelry market. Alex’s above
misconduct misleads, confuses or deceives the public. Accordingly, Defendants are in
violation of the California Unfair Business Practices Act, codified under Cal. Bus. And
Prof. Code Sec. 17200 and 17500 et. seq.
48. Unless Alex’s forgoing actions are enjoined, LA GEM will continue to, and
does continue to suffer injury and damage.
49. LA GEM has no adequate remedy at law.
///
///
Case 2:13-cv-03776-DSF-E Document 1 Filed 05/28/13 Page 9 of 38 Page ID #:13

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COMPLAINT – Jury Demand
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PRAYER
WHEREFORE, Plaintiff LA GEM prays for judgment against Defendants as
follows:
A. For an award of damages as provided by law as determined at trial, together
with prejudgment interest;
B. For a declaration from this Court that the ‘167 Design Patent is invalid and
unenforceable against LA GEM;
C. For a declaration from this Court that LA GEM may continue to
manufacture and sell its LA Gem Bangle, or any other jewelry incorporating the public
domain design;
D. For a declaration from this Court that LA GEM has not infringed,
contributorily infringed or induced infringement of the only claim of the ‘167 Design
Patent;
E. A permanent injunction enjoining Alex, its officers, agents, servants,
employees and all persons in active concert or participation with them, from any use of
any advertisement, promotion or claim that literally or implicitly misleads the trade or
public with regard to the scope of coverage of the ‘167 Design Patent;
F. A permanent injunction enjoining Alex, its officers, agents, servants,
employees and all persons in active concert or participation with them, from any further
misuse of the ‘167 Design Patent;
G. A determination that this case is exceptional and awarding LA GEM its
costs and reasonable attorneys fees incurred in this action under 35 U.S.C. § 285;
H. For a declaration from this Court that the alleged trade dress is invalid,
unenforceable, generic, descriptive, functional, ornamental and/or decorative, and that
Alex’s alleged trade dress has not obtained secondary meaning, Alex was not the first to
use the alleged trade dress, and Alex has not legally used the alleged trade dress
exclusively for a period of five years;
I. A declaration that LA GEM has not infringed Alex’s purported trade dress
Case 2:13-cv-03776-DSF-E Document 1 Filed 05/28/13 Page 10 of 38 Page ID #:14
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rights;
J. A declaration that Alex has no protectable rights in the alleged trade dress;
K. For an injunction preventing any further interference by Alex with LA
GEM, its customers, manufacturers, retailers and suppliers;
L. For costs of suit incurred, including, but not limited to reasonable attorneys'
fees;
M. That this Court grant such other and further relief that it deems just and
proper.
Dated: May 28,2013 Respectfully submitted,
Milord A. Keshishian
Armen Manasserian
Attorneys for Plaintiff
LA GEM & JEWELRY
DESIGN, INC.
-1 1-
COMPLAINT - Jury Demand
Case 2:13-cv-03776-DSF-E Document 1 Filed 05/28/13 Page 11 of 38 Page ID #:15
Case 2:13-cv-03776-DSF-E Document 1 Filed 05/28/13 Page 12 of 38 Page ID #:16
EXHIBIT 1
Case 2:13-cv-03776-DSF-E Document 1 Filed 05/28/13 Page 13 of 38 Page ID #:17
Exhibit 1 - Page 13
Case 2:13-cv-03776-DSF-E Document 1 Filed 05/28/13 Page 14 of 38 Page ID #:18
Exhibit 1 - Page 14
Case 2:13-cv-03776-DSF-E Document 1 Filed 05/28/13 Page 15 of 38 Page ID #:19
Exhibit 1 - Page 15
Case 2:13-cv-03776-DSF-E Document 1 Filed 05/28/13 Page 16 of 38 Page ID #:20
Exhibit 1 - Page 16
Case 2:13-cv-03776-DSF-E Document 1 Filed 05/28/13 Page 17 of 38 Page ID #:21
Exhibit 1 - Page 17
Case 2:13-cv-03776-DSF-E Document 1 Filed 05/28/13 Page 18 of 38 Page ID #:22
Exhibit 1 - Page 18
Case 2:13-cv-03776-DSF-E Document 1 Filed 05/28/13 Page 19 of 38 Page ID #:23
Exhibit 1 - Page 19
Case 2:13-cv-03776-DSF-E Document 1 Filed 05/28/13 Page 20 of 38 Page ID #:24
Exhibit 1 - Page 20
Case 2:13-cv-03776-DSF-E Document 1 Filed 05/28/13 Page 21 of 38 Page ID #:25
EXHIBIT 2
Case 2:13-cv-03776-DSF-E Document 1 Filed 05/28/13 Page 22 of 38 Page ID #:26
420 Lexington Avenue
Suite 2743
New York, New York 10170
Phone: 212.300.5358
Fax: 888.265.7054
www.garbarinilaw.com
CEASE AND DESIST
May 15, 2013
VIA CERTIFIED MAIL and
EMAIL to <richard.schepp@kohls.com>
Richard D. Schepp
Sr. EVP & General Counsel
Kohl’s Department Stores, Inc.
N56 W17000 Ridgewood Drive
Menomonee Falls, Wisconsin 53051
Re: Alex and Ani – U.S. Pat. No. D498,167
Kohl’s Sale of Expandable Wire Bracelet
Mr. Schepp:
Our firm represents Alex and Ani, LLC. Alex and Ani creates, manufactures and
distributes an iconic bangle which is the subject of United States Letters Patent Nos. D498,167
entitled “Expandable Wire Bracelet” (the “’167 Patent”).
Kohl’s Department Stores, Inc. (“Kohl’s” or “You”) has imported, manufactured, sold,
and/or offered for sale at least eleven styles of bangle bracelet (the “Accused Bangles”) without
authorization or license. See Attachment A. The sale by Kohl’s of the Accused Bangles raises
issues of confusion in the marketplace over the origination of the Accused Bangles and has
harmed Alex and Ani’s intellectual property rights, including, but not limited to, its trade dress
under Section 43(a) of the Lanham Act. Moreover, Kohl’s trading on Alex and Ani’s goodwill is
certainly an adequate basis for an unfair competition claim.
Our intention is to resolve this matter as amicably as possible, provided Kohl’s
immediately ceases and desists from any further importation, sale, or offer for sale of the
Accused Bangles and provides the identity of the manufacturer(s) of the Accused Bangles. We
also require an accounting of all sales of the Accused Bangles.
Exhibit 2 - Page 21
Case 2:13-cv-03776-DSF-E Document 1 Filed 05/28/13 Page 23 of 38 Page ID #:27
Garbarini FitzGerald P.C.
Page 2
In the meantime, You must retain, maintain, and preserve all relevant documents and
things including electronically stored information (such as e-mail) in their original condition,
relevant to:
 The Accused Bangles.
 Any and all similar bangle(s).
 Alex and Ani, LLC.
 All sales of the Accused Bangles.
If You are unwilling, or unable, to comply with the foregoing, please inform us
immediately so we may take appropriate measures. Failure to preserve may constitute spoliation
of evidence. I can be reached at 212.300.5358, should you wish to discuss this matter.
GARBARINI FITZGERALD P.C.
By: __________________________
Richard M. Garbarini
Attch.
Exhibit 2 - Page 22
Case 2:13-cv-03776-DSF-E Document 1 Filed 05/28/13 Page 24 of 38 Page ID #:28
1
Attachment A – ACCUSED BANGLES
Kohl’s Bangles
Silver Plate & Stainless Steel Lab-Created Blue Goldstone
Bead & Star Charm Bangle Bracelet
SKU 93902058
Silver Plate & Stainless Steel Green Aventurine Bead &
Dancer Charm Bangle Bracelet
SKU 93902073
Silver Plate & Stainless Steel Amethyst Bead & Cross
Charm Bangle Bracelet
SKU 93902121
Exhibit 2 - Page 23
Case 2:13-cv-03776-DSF-E Document 1 Filed 05/28/13 Page 25 of 38 Page ID #:29
2
Silver Plate & Stainless Steel Lab-Created Goldstone Bead
& Star Charm Bangle Bracelet
SKU 93902152
Silver Plate & Stainless Steel Lab Created Turquoise Bead
& Flower Charm Bangle Bracelet
SKU 93902902
Silver Plate & Stainless Steel Cherry Quartz Bead &
Winged Heart Charm Bangle Bracelet
SKU 93902948
Exhibit 2 - Page 24
Case 2:13-cv-03776-DSF-E Document 1 Filed 05/28/13 Page 26 of 38 Page ID #:30
3
Silver Plate & Stainless Steel Cherry Quartz Bead & Rose
Charm Bangle Bracelet
SKU 93902103
Silver Plate & Stainless Steel Black Agate Bead & Guitar
Charm Bangle Bracelet
SKU 93902112
Silver Plate & Stainless Steel Amethyst Bead & Double
Heart Charm Sister Bangle Bracelet
SKU 93902951
Exhibit 2 - Page 25
Case 2:13-cv-03776-DSF-E Document 1 Filed 05/28/13 Page 27 of 38 Page ID #:31
4
Silver Plate & Stainless Steel Rose Quartz Bead & Music
Note Charm Bangle Bracelet
SKU 93902039
Silver Plate & Stainless Steel Lab-Created Turquoise Bead
& Compass Charm Bangle Bracelet
SKU 93901967
Representative Alex and Ani Bangle
Exhibit 2 - Page 26
Case 2:13-cv-03776-DSF-E Document 1 Filed 05/28/13 Page 28 of 38 Page ID #:32
EXHIBIT 3
Case 2:13-cv-03776-DSF-E Document 1 Filed 05/28/13 Page 29 of 38 Page ID #:33
Exhibit 3 - Page 27
Case 2:13-cv-03776-DSF-E Document 1 Filed 05/28/13 Page 30 of 38 Page ID #:34
EXHIBIT 4
Case 2:13-cv-03776-DSF-E Document 1 Filed 05/28/13 Page 31 of 38 Page ID #:35
FREE SHIPPING OVER $100 Sign In () Shopping Bag (0)
SHOP GI FTS
( HTTP: / / WWW. ALEXANDANI . COM/ )
ABOUT EXPERI ENCE
Back (Http:/ / Www.Alexandani.Com/ Blog)
(http://www.alexandani.com/blog)
NEWSWORTHY
(HTTP://WWW.ALEXANDANI .COM/BLOG/CATEGORY/NEWSWORTHY/)
STYLE FI LE
(HTTP://WWW.ALEXANDANI .COM/BLOG/CATEGORY/STYLE-
FI LE/)
HAPPENI NGS
(HTTP://WWW.ALEXANDANI .COM/BLOG/CATEGORY/HAPPENI NGS/)
MOTI VATI ON
(HTTP://WWW.ALEXANDANI .COM/BLOG/CATEGORY/MOTI VATI ON-
NATI ON-2/)
HOROSCOPE
(HTTP://WWW.ALEXANDANI .COM/BLOG/CATEGORY/HOROSCOPE/)
(http://www.alexandani.com/blog/alex-and-ani-faqs/)
Style File (http://www.alexandani.com/blog/category/style-file/)
March 26, 2013 (http://www.alexandani.com/blog/alex-and-ani-faqs/)
Alex And Ani FAQs
We have the best fans in the world. Some wear our jewelry because of how it makes them feel, some
because of how it looks and others because of how it sounds. No matter why you wear your Alex and Ani,
there are a few things that set us apart:
• Alex and Ani jewelry is handmade in Rhode Island.
• Alex and Ani jewelry is eco-friendly and made in America from recycled materials.
• Alex and Ani jewelry is full of (+) positive energy.
• Alex and Ani jewelry comes with three special tags so that you’ll know you’re wearing the real thing. Each
one is stamped with “Made in America With Love,” the Alex and Ani logo and our offical patent number.
• Alex and Ani jewelry is expandable and sizes down to approximately 2 inches in diameter and up to
approximately 3.5 inches in diameter.
_____
Utilizing an innovative patented and completely original technology, the expandable concept replaces
traditional clasps with a sliding mechanism, making each piece adjustable. This signature expandable feature
is available in expandable wire bracelets and rings, expandable chain necklaces and endless hoop earrings.
This completely original design allows everyone to have a piece of jewelry customized for a perfect fit.
Available in precious metals or our signature Russian Gold and Russian Silver finishes and adorned with
sacred symbols and stones, the expandable collection is timeless, classic, and collectible.
@ALEXANDANI
( HTTP: / / TWI TTER. COM/ ALEXANDANI )
(http://twitter.com/alexandani)
(http://twitter.com/alexandani)@nerdelj
(http://www.twitter.com/nerdelj) PS
- welcome to the #charmedarms
(http://search.twitter.com/search?
q=%23charmedarms) club!
@CAROLYN
( HTTP: / / TWI TTER. COM/ CAROLYN)
()
Do life with ()#love
(http://search.twitter.com/search?
q=%23love) in your heart with no fear,
because it will take you everywhere
you want to go. Honored @URINews
(http://www.twitter.com/URINews)
http://t.co/Cu0TDHuDpM
(http://t.co/Cu0TDHuDpM)
OF F THE WALL
Is there a possibility that the NFL will
be getting bracelets too? Someone told
me yes but only at the teams stadium
for now but no luck actually finding
any
(http://www.facebook.com/alexandaniusa)
BE A FAN
(HTTP: //WWW. FACEBOOK. COM/ALEXANDANI USA)
Looking for something?
Exhibit 4 - Page 28
Case 2:13-cv-03776-DSF-E Document 1 Filed 05/28/13 Page 32 of 38 Page ID #:36
SHARE THE LOVE ()
(http://instagram.com/alexandani)
(http://instagram.com/alexandani)
(http://instagram.com/alexandani)
(http://instagram.com/alexandani)
#CHARMEDARMS
(http://instagram.com/alexandani)
(http://instagram.com/alexandani)
Show us your personal collection!
SHARE YOURS
(HTTP: //I NSTAGRAM. COM/ALEXANDANI )
ARCHI VES
- 2013 -
May
(http://www.alexandani.com/blog/2013/05/)
April
(http://www.alexandani.com/blog/2013/04/)
March
(http://www.alexandani.com/blog/2013/03/)
February
(http://www.alexandani.com/blog/2013/02/)
January
(http://www.alexandani.com/blog/2013/01/)
- 2012 -
- 2011 -
- 2010 -
- 2009 -
LEARN MORE
The Company
(Http:/ / Www.Alexandani.Com/ The-
Company/ ?
SID=Vbu8u3ordjn3ti95thkl8nugu4)
NEED HELP?
Retail Locations
(Http:/ / Www.Alexandani.Com/ ?
SID=Vbu8u3ordjn3ti95thkl8nugu4locations)
STAY I N TOUCH
Facebook
(Https:/ / Www.Facebook.Com/ Alexandaniusa)
YouTube
(Http:/ / Www.Youtube.Com/ Alexaniusa)
NEVER MI SS A THI NG!
Sign up to receive exclusive offers and updates.
email address Exhibit 4 - Page 29
Case 2:13-cv-03776-DSF-E Document 1 Filed 05/28/13 Page 33 of 38 Page ID #:37
In The Press
(Http:/ / Www.Alexandani.Com/ In-The-
Press/ ?SID=Vbu8u3ordjn3ti95thkl8nugu4)
Affinity Division
(Http:/ / Www.Alexandani.Com/ Affinity/ ?
SID=Vbu8u3ordjn3ti95thkl8nugu4)
Careers
(Http:/ / Www.Alexandani.Com/ Careers/ ?
SID=Vbu8u3ordjn3ti95thkl8nugu4)
Affiliate Program
(Http:/ / Www.Alexandani.Com/ Affiliate/ ?
SID=Vbu8u3ordjn3ti95thkl8nugu4)
Blog (Http:/ / Www.Alexandani.Com/ Blog/ )
Privacy Policy
(Http:/ / Www.Alexandani.Com/ Privacy-
Policy/ ?SID=Vbu8u3ordjn3ti95thkl8nugu4)
Terms & Conditions
(Http:/ / Www.Alexandani.Com/ Terms-And-
Conditions/ ?
SID=Vbu8u3ordjn3ti95thkl8nugu4)
FAQs
(Http:/ / Www.Alexandani.Com/ Faqs/ ?
SID=Vbu8u3ordjn3ti95thkl8nugu4)
Product Care
(Http:/ / Www.Alexandani.Com/ Product-
Care/ ?
SID=Vbu8u3ordjn3ti95thkl8nugu4)
Shipping & Returns
(Http:/ / Www.Alexandani.Com/ Shipping-
And-Returns/ ?
SID=Vbu8u3ordjn3ti95thkl8nugu4)
Contact Us
(Http:/ / Www.Alexandani.Com/ Contact-
Us/ ?SID=Vbu8u3ordjn3ti95thkl8nugu4)
Gift Cards
(Http:/ / Www.Alexandani.Com/ Virtual-
Gift-Card.Html/ ?
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Twitter
(Https:/ / Twitter.Com/ Alexandani)
Tumbir
(Http:/ / Alexandani.Tumblr.Com/ )
Pinterest
(Http:/ / Pinterest.Com/ Alexandani/ )
Google+
(Https:/ / Plus.Google.Com/ 109754642827952654413/ Posts)
Instagram
(Http:/ / Instagram.Com/ Alexandani)
LinkedIn
(Http:/ / Www.Linkedin.Com/ Company/ Alexandani)
F I ND A STORE
( HTTP: / / WWW. ALEXANDANI . COM/ LOCATI ONS)
(Http:/ / Www.Bbb.Org/ Boston/ Business-
Reviews/ Jewelers-
Retail/ Alex-
And-Ani-Llc-
In-Cranston-
Ri-
118931/ #Bbbonlineclick)
© 2013 Alex And Ani Made With Positive Energy ()
Exhibit 4 - Page 30
Case 2:13-cv-03776-DSF-E Document 1 Filed 05/28/13 Page 34 of 38 Page ID #:38
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 Dale S. Fischer and the assigned discovery
Magistrate Judge is Charles Eick.
The case number on all documents filed with the Court should read as follows:
CV13- 3776 DSF (Ex)
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:
~ e s t e r n Division
. 312 N. Spring St., Rm. G-8
Los Angeles, CA 90012
LJ Southern Division
411 West Fourth St., Rm. 1-053
Santa Ana, CA 92701-4516
Failure to file at the proper location will result in your documents being returned to you.
LJ Eastern Division
3470 Twelfth St., Rm. 134
Riverside, CA 92501
CV-18 (03/06) NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY
Case 2:13-cv-03776-DSF-E Document 1 Filed 05/28/13 Page 35 of 38 Page ID #:39
Name & Address: Milord A. Keshishian, SBN 197835

MILORD & ASSOCIATES, P.C.
2049 Century Park East, Suite 3850
Los Angeles, CA 90067
Telephone: (310-226-7878)
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
LA GEM & JEWELRY DESIGN, INC., a California
Corporation dba LA ROCKS
PLAINTIFF(S)
v.
ALEX AND ANI, LLC, a Rhode Island limited
liability company; and DOES 1-10, inclusive,
DEFENDANT(S).
TO: DEFENDANT(S):
A lawsuit has been filed against you.
CASE NUMBER
SUMMONS
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 ii' complaint D amended complaint·
D counterclaim D cross-claim or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer
or motion must be served on the plaintiffs attorney, Milord A. Keshishian , whose address is
2049 Century Park East, Suite 3850, Los Angeles, CA 90067 . 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. ·
MAY 2 8 2013
[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 J 2(a)(3)}.
CV-O!A (IO/I I SUMMONS
Case 2:13-cv-03776-DSF-E Document 1 Filed 05/28/13 Page 36 of 38 Page ID #:40
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
CIVIL COVER SHEET
· I. (a) PLAINTIFFS ( Check box if you are representing yourself D )
LA GEM & JEWELRY DESIGN, INC., a California Corporation, dba LA ROCKS
(b) Attorneys (Firm Name, Address and Telephone Number. If you
are representing yourself, provide same.)
Milord A. Keshishian, SBN 197835, milord@milordlaw.com, Tel: (310) 226-7878
MILORD & ASSOCIATES, P.C.
2049 Century Park East, Suite 3850
Los Angeles, California 90067
II. BASIS OF JURISDICTION (Place an X in one box only.)
II
DEFENDANT.S ( Check box if you are representing yourself D )
ALEX AND ANI, LLC, a Rhode Island limited liabllify company
(b) Attorneys (Firm Name, Address and Telephone Number. If you
are representing yourself, provide same.)
Ill. CITIZENSHIP OF PRINCIPAL PARTIES-For Diversity Cases Only
(Place an X in one box for plaintiff and one for defendant)
D 1. U.S. Government
Plaintiff
l&J 3. Federal Question (U.S.
PTF DEF PTF DEF
Citizen of This State D
1
D
1
Incorporated or Principal Place D
4
D
4
of Business In this State
D 2. U.S. Government
Defendant
Government Not a Party)
D 4. Diversity (Indicate Citizenship
of Parties in Item Ill)
IV. ORIGIN (Place an X in one box only.)
l&J 1. Original D 2. Removed from D 3. Remanded from
Proceeding State Court Appellate Court
Citizen of Another State
Citizen or Subject of a
Foreign Country
D
D 4. Reinstated or
Reopened
02
D
2 Incorporated and Principal Place
of Business in Another State
03 D
3 Fore.ation
5. 1 ransterred trom Anoffier 6.MU1t1-
District (Specify)
D
District
Litigation
V. REQUESTED IN COMPLAINT: JURY DEMAND: l&J Yes 0 No (Check "Yes" only if demanded in complaint.)
D
5
D
5
D
6
D
6
CLASS ACTION under F.R.Cv.P. 23: D Yes I&! No I&! MONEY DEMANDED IN COMPLAINT:$ >_
7
s_,o_o_o_.o_o ----
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.)
Lanham Act§ 43(a) Unfair Competition and False Advertising; False Patent Marking; Declaration of Non-Infringement/Invalidity and Unenforceablility of Design Patent;
Declaration ofTrade Dress Non-Infringement, Invalidity, and Unenforceability; Unfair Competition and False Advertising Under California Law.
VII. NATURE OF SUIT (Place an X in one box only).
OTHER STATUTES CONTRACT REALPROPERTYrnNT IMMIGRATION PRISONER PETITIONS PROPERTY RIGHTS
D
375 False Claims Act D
110 Insurance D
240 Torts to Lanq
D
462 Naturalization Habeas Corpus:
0 820 Copyrights
D
245 Tort Product
Application D 463 Alien Detainee
D 400 State
D
120Marlne
Liability
465 Other D 510 Motions to Vacate
(&I 830 Patent
Reapportionment
0
D 130 Miller Act 290 All Other Real
Immigration Actions Sentence
840 Trademark
0 41 O Antitrust
D
D 530 General
D
430 ·Banks and Banking
D
140 Negotiable
Prooertv TORTS SOCIAL SECURITY
" " ' " ~ " ' • • A l 0 535 Death Penalty
Instrument TORTS
y
D 861 HIA (1395ff)
D
450 Commerce/ICC
150 Recovery of
PERSONAL INJURY
D
370 Other Fraud
Other:
Rates/Etc.
D
Overpayment &
O 310 Airplane
D
540 Mandamus/Other
D 862 Black Lung (923)
D
460 Deportation Enforcement of
D '315Airplane
D
371 Truth in Lending
D
550 Civil Rights
D 8_63 DIWC/DIWW (405 (g))
Judgment
D 470 Racketeer lnflu-
Product Liability
D
380 Other Personal
D
555 Prison Condition
D 864 SSID Title XVI
enced & Corrupt Org.
D
151 Medicare Act
D
320 Assault, Libel & Property Damage
Slander
560 Civil Detainee D 865 RSI (405 (g))
D
480 ConsumerCredit 152 Recovery of
330 Fed. Employers' D
385 Property Damage
D Conditions of
D
490 Cable/Sat TV
D
Defaulted Student
D
Liability
Product Liability
Confinement FEDERAL TAX SUITS
Loan (Exel. Vet.)
BANKRUPTCY FORFEITURE/PENAL TY 870 Taxes (U.S. Plaintiff or
D
340Marine D
D
850 Securities/Com-
153 Recovery of
D
422 Appeal 28
625Drug Related
Defendant)
modities/Exchange
D
345 Marine Product USC 1S8
D Seizure of Property 21
D Overpayment of
Liability
423 Withdrawal 28
D
871 IRS-Third Party 26 use
890 Other Statutory Vet. Benefits
D
USC881
7609
D
Actions
D
350 Motor Vehicle
USC 1S7
D
160 Stockholders'
CIVIL RIGHTS
D
6900ther
D
891 Agricultural Acts Suits
35S Motor Vehicle
D
Product Liability D
440 Other Civil Rights
D
893 Environmental
D
1900ther
360 Other Personal
LABOR
Matters
Contract 0.
Injury
D
441 Voting
D 710 Fair Labor Standards
D 895 Freedom of Info.
195 Contract 362 Personal Injury-
D
442 Employment
Act
Act
D
Product Liability
D
Med Malpratice ·
D 720 Labor/Mgmt.
D 896 Arbitration
n 196 Franchise
365 Personal Injury-
D 443 Housing/
Relations
D
Product liability
Accomodations
D 740 Railway Labor Act
REAL PROPERTY
899 Admin. Procedures 367 Health Care/
445 American with ·
0 Act/Review of Appeal of
210 Land
Pharmaceutical D
Disabilities-
D 751 Family and Medical
Agency Decision
D Condemnation D
Personal Injury
Employment
Leave Act
D 220 Foreclosure
Product Liability
D
446 American with
D 790 Other Labor
D 950 Constitutionality of 368 Asbestos
Disabilities-Other
Litigation •
State Statutes
D 230 Rent Lease &
D Personal Injury
D
448 Education
D 791 Employee Ret. Inc.
Ejectment· ·0 .... .-1.. .-.1 ;,;-h"''" Security Act
FOR OFFICE USE ONLY: Case Number:
CV13-
3776
'
AFTER COMPLETING PAGE 1 OF FORM CV-71, COMPLETE THE INFORMATION REQUESTED ON PAGE 2.
CV-71 (02/13) CIVIL COVER SHEET Page 1 of2
Case 2:13-cv-03776-DSF-E Document 1 Filed 05/28/13 Page 37 of 38 Page ID #:41
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
CIVIL COVER SHEET
VIII( a). IDENTICAL CASES: Has this action been previously filed in this court and dismissed, remanded or closed? ~ NO
D YES
If yes, list case number(s):
Vlll(b). RELATED CASES: Have any cases been previously filed in this court that are related to the present case?
f&I NO DYES
If yes, list case number(s):
Civil cases are deemed related if a previously filed case and the present case:
(Check all boxes that apply) O 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
O C. For other reasons would entail substantial duplication of labor if heard by different judges; or
O 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:*
Los Angeles County
California County outside of this District; State, if other than California; or Foreign
Countrv
(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.
O Check here ifthe 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
Countrv
Rhode Island
(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
California County outside of this District; State, if other than California; or Foreign
Countrv
*Los Angeles, Orange, San Bernardino, R1vers1de, Ventura, Santa Barbara, or San Luis Obispo Counties
Note: In land condemnation cases, use the location of the tract of land involved
Notice to CounseUPartles: The CV-71 (JS-44) Civil Cover Sheet and the information contai d 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 Sult Code Abbreviation Substantive Statement of Cause of Action
861 HIA
862 BL
863 DIWC
863 DIWW
864 SSID
865 RSI
CV-71 (02/13)
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 underTitle4, 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 amended; 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, as
a m e n d e d ~ (42 U.S.C. 405 (g))
All claims for supplemental security income payments based upon disability filed under Title 16 of the Social Security Act, 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))
CIVIL COVER SHEET Page 2 of 2
Case 2:13-cv-03776-DSF-E Document 1 Filed 05/28/13 Page 38 of 38 Page ID #:42

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