Case 1:13-cv-01502-RRM-JMA

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK X

Smashing

Starlets LLC and Ha leh Nematzadeh,

Plaintiffs, -against-: Complaint and Jury Demand

CVINIVar
j

15 0 2

Opening Ceremony, LLC, Yoko Ono, Does 1-10, XYZ Corporations 1-10.

John

al4cfs

Defendants.

Published courtsy of McDaniel & Park, PC Read More Here

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,

INTRODUCTION

states as follows:

This

case

is about

Yoko Ono and multi-million dollar fashion company who

off as their

to-

gether stole the designs of an up and coming designer and pawned them
involves the theft

own.

It

by the Defendants

of the Plaintiff s

unique and cutting edge clothing

all of the Plaintiff's

designs.
and
and

The Defendants

willfully and intentionally copied

designs

presented them as their own collection issued by the Defendants.

illegal
conduct allowed them
to

Defendants' tortious

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

101 et seq.

Act of
causes

1976, 17 U.S.C.A.

(the "Copyright Act") and other related

of

Case 1:13-cv-01502-RRM-JMA

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action.
2. This court has exclusive jurisdiction
over

this action

pursuant to 28 U.S.C.A.
1331.

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

3. This court also has jurisdiction

pursuant to

28 U.S.C.A.

1338(b), and

under its

supplemental jurisdiction over pendent

4. Venue is proper

claims.
1391 and 1400.

pursuant to 28 U.S.C.A.
PARTIES

5.

Plaintiff, Smashing Starlets LLC is

limited-liability company, with

its

principal

place of business
6.

in

Brooklyn, New York. coming designer who resides

in

Plaintiff Haieh Nematzadeh is an up and

New York.

Brooklyn,

7. Defendant

Opening Ceremony ("OC"),

with its

upon information and belief, is

in New

California

Corporation

principal place of business

York,

NY that generates

millions of dollars per year in retail sales.

8. Defendant Yoko Ono

("Ono") upon

information and belief, is

resident of New

York, NY.
9. John and Jane Does 1-10 represents Defendants whose
the Plaintiffs.
10. XYZ

identity

is not yet known to

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."

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BACKGROUND AND FACTUAL ALLEGATIONS APPLICABLE TO ALL CAUSES

OF 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
filed

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

was

with, and

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

15. Plaintiff was introduced to photographers

of the United States.

working for OC to do a photo shoot ofthe

Collection in
16. The intention

July 2012.
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

with OC's

her vision,

intention, ideas, and inspiration

photographers.

18. After the OC

photographers saw Plaintiff's sketches and pictures, they cancelled the

photo shoot.
19. Plaintiff attempted to reschedule the
do so,

photo shoot but OC's photographers refused to

on.

stating that they had

other

projects to work

20. Plaintiff nonetheless had another

photographer shoot the Collection.

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21. Plaintiff published the Collection Plaintiff published her collection. 22. The Collection contains
a

on or

about October 2012. Defendant knew that

series of clothing

designs that were worn by women.

were

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

published, the Defendants published an tion").

The

identical collection
as

("Offending Collecas

offending collection copied exact designs

well

imitated the denot

signs and concepts from Plaintiff's Collection.

Plaintiff's
24. The

The Defendants did

have

permission to

copy,
was

replicate,

or

reproduce the Collection.

was

offending collection
many

offered for sale in New York and worldwide, and

in New York.

purchased by

consumers

25. In order to conceal their

thievery of Plaintiff s Collection, Defendants renamed

collection for
men.

the

collection and called it

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,

copied
this

for

example,
a

is

bra like

design.

28. Defendants

design

and used

male to model it.

its face.
on a

29. The ridiculousness of this farce stands 30. It is the

same

on

design

as

Plaintiff s bra design but used

male.

31. What is more, Defendant Ono admitted that the

were

designs

used

by the Defendants

novel

territory because while the offending collection was allegedly geared for
the first time Ono has
was

men, this was

ever

designed clothing for

a

men.

32. Indeed, the

offending collection

nothing more than

rip off of Plaintiff's

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Collection. 33, Defendants tried to tion and

cover

up the theft

by the offending collection a "mens" collec-

utilizing males to model the clothing.

represented to consumers, the public, and
the media that

34. Defendants

they created

the

designs on the clothing. designs were that of the Plaintiff

design has caused them to reap millions of dollars in

35. In fact, the

36. Defendants' theft ofPlaintiff s

sales, publicity, and notoriety.

37. The fashion

industry heralded the Defendants' offending collection as cutting edge,

brilliant, and genius.

38. The
39. In

offending collection, however, was Plaintiff s Collection.

uncertain terms, Defendants

no

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

sketches.

to Plaintiff's confidential and

propriety

designs and
41. Once OC's

photographers gained access, they usurped

the

designs and

sketches for

the unlawful benefit of Defendants.

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

sham

as

she did not

design the offending collection and full well

44. When the Defendants launched the

knew Plaintiff designed and created it.

boasted:

offending collection, Defendant OC

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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 "hot bod." As ONO explains, "1 was inspired to create 'Fashion for Men, [because I was]
"In

amazed at how my man was looking so great. I felt it was a pity if we could not make clothes 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

Plaintiff.

that the

designs were

created

by and belong to, the

an

46. The above-described unauthorized actions is

act of copyright

infringement,
17

in

violation of the
U.S.C.A.

Copyright Act,

as

amended, including, but not limited to,

106, and is therefore unlawful.

was

47. Moreover, each such unauthorized action

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 Plaintiff wish 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.

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COUNT I. FEDERAL COPYRIGHT INFRINGEMENT

(17 U.S.C.A.

101 et

seq.)
re-

51. Plaintiff incorporates

by reference all paragraphs

Complaint.

of this

Complaint as

if fully

alleged and restated

here in this

52. Plaintiff is the lawful and sole

proprietor of the copyright to the Collection.

a

53. Defendants have not been

granted

license to

reproduce, distribute, publicly

Plaintiff

per-

form,
54. As

or

in any

way use,

compile,

or

exploit the Collection by

and have

alleged above, Defendants have had access to,

parts, if not all of, the Collection.

illegally copied sub-

stantial

55. Defendants have

distributed, reproduced, publicly usurped, made available, and

placed

into the stream of commerce

an

illegal copies of the Collection and

its

designs.
em-

56. Plaintiff is entitled to

injunction restraining Defendants, their agents

from

and

ployees and

all persons

acting in concert with them,

engaging in

any further

acts in violation of the

copyright laws and infringements

of Plaintiffs

rights under

the

copyright laws.
cause

57. Defendants' direct and willful acts of infringement have and will
harm to unless such conduct is

irreparable
since the

preliminarily and permanently enjoined,

reproduction and distribution of the Collection has a special and unique value
fashion

in the

industry.
recover

58. Plaintiff is further entitled to

from Defendants the

be sustained, and any

damages, including atgains, profits, and ad-

torney's fees, sustained and that will

vantages obtained by Defendants

as a

result of Defendants' acts of infringement

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59. At present, the amount of such

damages, gains, profits,

are

and

advantages

cannot be

fully ascertained by Plaintiff,

60. Plaintiff has
reason

but

reasonably believed to exceed $10, 000, 000.

wrongful conduct for the
no

no

adequate remedy at

law for Defendants'

that:

(a) plaintiffs copyrights are unique

and valuable property that have

readily determinable market value; (b) the infringement by

an

Defendants constitutes
and

interference with Plaintiffs good will and contractual

relationships;

(c)
such

Defendants' wrongful conduct, and the damages

resulting to plaintiff from

wrongful conduct,

is

continuing.

Defendants' acts of copyright Defendants have the

infringement have

caused Plaintiff irreparable commit these acts.

injury and

ability to continue to

61. Accordingly, Plaintiff is entitled to

to 17 U.S.C.A.

damages as well

as

to

injunctive

relief pursuant

502, and

to an order under 17 U.S.C.A.

503 that the

infringing

products be impounded.
COUNT II. UNFAIR COMPETITION
62. Plaintiff incorporates

by reference

all

paragraphs of this Complaint as

if fully

re-

alleged

and restated here in this

Complaint.
competition consist
of utilizing the Collection

63. Defendants'

wrongful

acts of unfair

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 bePlaintiff

lieve that

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

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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 the Collection.

of their

creation, production, and publication

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' York.

wrongful

acts constitute unfair

competition

under the laws of New

69. Plaintiff is entitled to Plaintiff as

a

recover

from Defendants the monetary

damages suffered by

result of Defendants'

wrongful

acts of unfair

competition. gains, profits,

as a

70. Plaintiff is further entitled to

recover

from Defendants the

ad-

vantages, and benefits Defendants have received and obtained

unfair
acts

result of the

of unfair

competition. intentionally, recklessly, willfully,

to

71. Defendants have acted

and in bad faith, and

of Defendants'

plaintiff is therefore entitled

exemplary damages because

wrongful

acts of unfair

competition.

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COUNT III. UNJUST ENRICHMENT 72. Plaintiff incorporates

by reference all paragraphs Complaint.

of this

Complaint as

if fully

re-

alleged

and restated here in this

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
tion.

reaped the benefits

of Plaintiff's toil in

creating the Collec-

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

a

goods and

services

by Plaintiff,

Plaintiff has conferred

benefit

on

Defendants.
as

78. To the extent Defendants

exploit Plaintiff's

Collection

their

own.

Defendants

have retained such benefit without fit.

79. Defendants should not in

adequately compensating

Plaintiff for the bene-

equity and good conscience by Plaintiff

be

permitted

to retain the

benefit bestowed
80. As
a

on

them

result of the retention of the

benefit, Defendants have been unjustly enriched

and
81. As

are

jointly

and

severally liable to Plaintiff

Plaintiff has incurred

result of the

unjust enrichment of Defendants,

damages

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amount to be

determined

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

83. Plaintiff incorporates

by

reference all

paragraphs of this Complaint as

if fully

re-

alleged

and restated here in this

Complaint.
in

84. Defendants
an

falsely claimed to residents of the State of New York, and the World,
inspired the

incalculable number of articles and press events that John Lennon

offending collection.
85. This

misrepresentation had

the sole purpose of deceiving the

to Yoko

public into thinking

that Plaintiff's Collection

86. The Defendants'

belonged

Ono, and was inspired by Jon Lennon.

was

goal

in their

misrepresentation

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

as a

public

whole

simply to enrich

the Defendants.

89. Indeed, the lore ofJohn Lennon, and any

product associated with him, has always

it otherwise would not exist.
it

inspired voracious

commercial
a

activity when

90. Defendants created

market for the

offending collection by falsely associating

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with John Lennon.

91. The

materially misleading association

with John Lennon enriched the defendants

millions of dollars at the expense of the 92. Plaintiff and the Public
were

unsuspecting public.
fraud

harmed

by

perpetrated by the Defendants. public was

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

duped out of their money.

94. Moreover, the public is will based decision
on

deprived from the opportunity to make an

or

informed and free

whether

not

they would purchase the offending collection

absent the false connection to John Lennon.

95. Consumers collection.

no

doubt relied

on

these

misrepresentations in purchasing the offending

Count V-Violation of New York GBL Section 350

96. Plaintiff incorporates

by reference

all

paragraphs of this Complaint as

if fully

re-

alleged and restated

here in this

Complaint.
RELIEF
court enter a final

REQUEST FOR

WHEREFORE, Plaintiff respectfully requests that this

Plaintiffs favor and

judgment

in

against the Defendants, jointly and severally,

infringed
on

as

follows:

1. The court find that Defendants have

Plaintiffs

copyright in the Com-

position;
2. Defendants, their agents,
or

employees, and all other persons in active concert or privity

be

in

participation with them, copyright

enjoined
or

from

directly

or

indirectly infringing Plain-

tiffs

in the Collection

from

continuing to market, offer, sell, dispose of,

Case

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or

13

license, lease, transfer, display, advertise, reproduce, develop,

works

manufacture any

derived, copied, and/or sampled from the Collection,

in any such

in whatever

medium,

or

to

participate or assist
3. This court order

activity;
and all their

Defendants,

representatives, agents, servants,

em-

ployees, officers, directors, partners, attorneys, subsidiaries,

control
notice
or

and all persons under their

to

acting

in active concert

or

participation with them,

immediately post a
was

on

the Web site of each Defendant

stating that the prior use of the Collection

unauthorized and

illegal;
Defendants, their affiliates and licensees, immediately
cease

4. This court order that

and desist from any further recording,

use

reproduction, distribution, transmission, or other

of the Collection;

5. Defendants be

enjoined

and ordered to deliver

on

oath,

to be

impounded during the

action, all originals,
in

pendency of this action and destroyed pursuant to judgment in

this

copies,

or

duplicates

of any work shown

by the evidence to infringe any copyright

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

7.

Act of 1976, 17 U.S.C.A.

101 et seq.;

Judgment be entered for Plaintiff and against Defendants for statutory damages
on

based

Defendants' acts of infringement, pursuant to the 101 et seq.,

Copyright Act

of 1976, 17
an

U.S.C.A.

including

17 U.S.C.A.

504(B) and/or (C)(1) and (2),

election to be made

during the pendency of this action;

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actual

14

8.

Judgment be entered for Plaintiff and against Defendants for Plaintiffs

damages and for any profits attributable to infringements of Plaintiffs rights, including
attorney's fees
9. All
and costs of suit; from their acts of in-

gains, profits, and advantages derived by Defendants

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

The Aboushi Law Firm s/Aymen A. Aboushi,

Dated: March 20, 2013

Aymen A. Aboushi, Esq. EDNY Bar ID: AA5804 Broadway, 5111 Floor New York, NY 10018
1441

Tel: 646-569-5544 Fax: 646-417-7191 Email: Aymen@Aboushi.com

VV VV YV.CIAJVL13111.4%/111

4P4'

(0

Z14 (Rev.

1/2013)

1:13-cv-01502-RRM-JtA,S
sheet and the

Document 1-1 Filed 03/21/13 'CIVIL COVER SHEET

Page

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15

cover information contaMed herein neither replace nor other supplement the filing and service of as revired by law, except as provided by local tides of court This form, approved by the Judicial Conference of the 'United States in September 1974,pleadings or for thepapers use of the Clerk of Court for the is-required of purpose Mitiating the civil docket sheet. (SRE _INSTRUCTIONS ON marPAGE OF THIS FORM.)

The JS 44 civil

I. (a) PLAINTIFFS Smashing Starlets LLC and

Haleh Nematzadeh,

1 Opening Ceremony
DEFENDANTS

LLC, Yoko Ono

(b) County of Residmice of First Listed Plaintiff

Kings

County of Residence of First Listed Defendant

Unkown

C
646.569.5544
n 1 U.S. Government

Ug PLAINTIFF C
MN

5 02

z.Ls. pLA/2, ...npFcAso

Num:

IN LAND CONDEMNATION CASES, ILSE THE Lot:XL-ION OF THE TR %CT OF !AND INVOLVED.

(C) Attorneys (Firm Name, Address, and Telephone Number)

Aymen A. Aboushi 1441 Broadway, 5th Floor, NY,
NY 10018

II. BASIS OF JURISDICTION (piece an

N
3

Plaintiff

0 2

S. Govonmein Dcfaulant

in One Box Orilvf IV. NATURE OF SUIT (mace an 811111.Erkil it111111111111111111%.4

O 110 Insurimce 1 120 Marine 3 130 Millta Act

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to

3 245 Tort Product Liability 1 290 All Other Real Property

V. ORIGIN (Place an 1 2 Removed from E 1 Original

"X''
in

Proceeding

VI. CAUSE OF ACTION VII.

REQUESTED

COMPLAINT: VIII. RELATED IF ANY

DATE

. . 3FO

OFFICE ILSE ONLY

RECEIPT

_ _Case
Federal. Question

Attorneys (IfKnown)

Unknown

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III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an

(U.S. Government Not a

ParROSS

i(Por all, This

of

Diversity Cases Only)

PTF
State

'X" in One Box /Or Plaint( and One Box for Dgeendanr) PLF DEE
4 0 4
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Incorporated or Principal Place

of Business In This State

CI 4

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Citizen of Another State

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of Business In Another State

0 3

(indicate Citizenship ofParnes, In Item 111)

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PERSONAL INJURY

PERSONAL INJURY

CP 310 0 315

Airplane Aiipiane Product Liability

0 365 Personal Injury Product Liability 0 367 Health care! Pluumucentical

Drug Related Seizure or Property 21 USC 881

1 690 Othei

0 422 Apnea/ 28 USC 0 423 Withdrawal 28 USC 1.-_^ 7

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0.....410 Antitrust ...r.:7:

n 430 I3anks

Claims Act 011-430 State Reapiutaionment

False

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Deport4dIT-D

1 470 Racketeer Influenced and

gi.490 'Aso
0 891

7.7 Commt Organizations i110 Consumer Credit

CableiSat TV

Securities/Commodities/

Exchange
0 890 Other

Stannous,. Actions Avieultural Aar

0 893 Environmental Matters 3 893 Freedom of Information

Act

0 896 Arhitration 0 899 Administrative Procedure

or Appeal Agency Decision n 950 Constitutionality of

ActReview

Housing,

State Statutes

Accommodations 0 445 Amer. Iv:Disabilities

0 530 Gemeral 0 535 Death Penalty

Other: El 340 Mandamus & Other 0 530 Civil Rights

..V.P:.)21;:.L.Ity&JIIIMIIM
3 462 Nattnalization Application .3 463 Other litunignition
Actions

Employmtan

0 446 Amer. w/Disabilities Other 0 448 Education

1 555 Prison Condition 0 560 Civil Detainee

Conditions of Confinement

One Box Oni54

71 3

Remanded from

LI 4 Reinstated

or

State Court

Appellate Court
are

Reopened
filing

1 5 Transferred from Another District

(soecifi4

7..1 6 Multidistrict

Litigation

Cite the U.S. Civil Statute under which you 17 U.S.C.A. 101 et

(Do not citejurisdictional statutes unless ^fiversi(y):

sect.

Brief description of cause:

Defendants violated Plaintiffs'

copyrights
DEMAND
CHECK YES

IN

CHECK IF TI-US IS A CLASS ACTION UNDER RULE 23, F.R.Cv P.

only

if demaaded in

complaint:
71 No

JURY DEMAND:

Yes

CASE(S)

(s. instruction&

JUDGE

DOCKET NUMBER
TIRE

A mar. NT

ORN EY

ORD

7
JUDGE

APPLYING 1FP

FizrvI

MAG. RIDGE

EDiFasReey:36.6f016392rtilivaArickvaindituRK-119p,a1ille Pageaof
Aymen A. AboLshi,

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 certification to the contrary is filed.

ineligible

for

Esq, counsel for Plaintiff compulsory arbitration for the following reason(s): monetary damages sought are in
the
excess

do

hereby certify

that the above

captioned

civil action is

of $150, 000, exclusive of interest and costs,

complaint seeks injunctive relief,

El

the matter is otherwise

ineligible

for the

following reason
FEDERAL RULES CIVIL PROCEDURE 7.1
that
owns

DISCLOSURE STATEMENT

Identify

any parent

corporation and

any

publicly held corporation

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 of judicial resources is likely to result from assigning both cases to the same 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 civil case: (A) involves identical legal issues, or (B) involves the same parties.- Rule 50.3.1 (c) further provides that "Presumptively, and suhject to the power of a judge to determine otherwise pursuant to paragraph (d), civil cases shall not be deemed to bc "related" unless both cases are still pending before the court."

NY-E DIVISION OF BUSINESS RULE

I

50.1(41(21
or

Is the civil action

being filed

in the Eastern District removed from

New York State Court located in Nassau

Suffolk

County:
2.)

No

If you answered "no" above: a) Did the events or omissions

giving rise to the claim giving rise to

the claim

or

claims,

or a

substantial part

thereof,

occur

in Nassau

or

Suffolk

County? No

b) Did the events

District?
If your
answer to
Ytin

of omissions

or

claims, or a substantial part thereof,

occur

in the Eastern

question
an

Suffolk
or

County,

or, in

(b) is "No, does the defendant (or a majority of the defendants, if there is more than one) reside in Nassau or interpleader action, does the claimant (or a majority of the claimants, if there is more than one) reside in Nassau
in which it has the most

Suffolk

County? Nh5, (Note: A corporation shall be considered a resident of the County

BAR ADMISSION

significant contacts).

am

currently admitted in the Eastern District of New York and currently

member in

good standing of the bar of this

court.

KI
Are you

Yes

fl

No
state
or

currently

the

subject of any disciplinary action (s) in this or any other No Yes (If yes, please explain) MI

federal court?

II
certi

all in

mation
'tg

Ito

ided above.

Signatur,

....40

Wr