Jack Russell v. Mark Kendall et al

Filing 1

COMPLAINT against Defendants Bigg Time Entertainment Inc, Audie Desbrow, Does 1-10, Mark Kendall, Michael Lardie. Case assigned to Judge Otis D Wright, II for all further proceedings. Discovery referred to Magistrate Judge David T. Bristow.(Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff Jack Russell. (et) (Additional attachment(s) added on 3/26/2012: # 1 Ntc of Assignment, # 2 Summons, # 3 Civil Cover Sheet) (mg).

UNITED

STA.J~S

DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
CIVIL COVER SHEET

I (a) PLAINTIFFS (Check box if you are representing yourselfO)
JACK RUSSELL

DEFENDANTS
MARK KENDALL, AU DIE DESBROW, MICHAEL LARDIE, BIG TIME
ENTERTAINMENT, INC, DOES 1-10

(b) Attorneys (Firm Name, Address and Telephone Number. If you are representing
yourself, provide same.)

Attorneys (If Known)

Brian Acree - Carey & Acree, Attorneys at Law
32295 Mtssion Trail, Suite 8-167 Tel [phone]
Lake Elsinore, CA 92532
Fax: [phone] [e-mail]
III. CITIZENSHIP OF PRINCIPAL PARTIES- For Diversity Cases Only
(Place an X in one box for plaintiff and one for defendant.)

II. BASIS OF JURISDICTION (Place an X in one box only.)
0 I U.S. Government PlaintiiT

'fi 3

Federal Question (US.
Government Not a Party)

PTF DEF
01
01

Citizen of This State

Incorporated or Principal Place
of Business in this State

PTF
04

DEF
04

02

02

Incorporated and Principal Place 05
of Business in Another State

05

Citizen or Subject of a Foreign Country 0 3

0 2 U S Government Defendant

0 3

Foreign Nation

0 6

0 4 Diversity (Indicate Citizenship Citizen of Another Stale
of Parties in Item lll)

0 6

IV. ORIGIN (Place an X in one box only.)
r:/1 Original
Proceeding

0 2 Removed trom
State Court

V. REQUESTED IN COMPLAINT

0 3 Remanded from
Appellate Court

0 4 Reinstated or
Reopened

JURY DEMAND: fives

CLASS ACTION under F.R.C.P. 23: 0 Yes

0 5 Transferred trom another district (specify)

0 6 Multi0 7 Appeal to District
District
Judge from
Litigation
Magistrate Judge

0 No (Check 'Yes' only if demanded in complaint.)

rf MONEY DEMANDED IN COMPLAINT:$ 500,000

No

VI. CAUSE OF ACTION (Cite the U S. Civil 'tatute under which you are filing and write a brief statement of cause. Do not cite jurisdictional statutes unless diversity.)
15 USC 1125 Trademark Infringement and Dilution, Unfair Competition
VII. NATURE OF SUIT (Place an X in one box only.)
OTHER STATUTES
0 400 State Reapportionment
0 410 Antitrust
0 430 Banks and Banking
0450 Commerce/ICC
Rates/etc.
0460 Deportation
0 470 Racketeer Influenced
and Corrupt
Organizations
0 480 Consumer Credit
0 490 Cable/Sat TV
0 810 Selective Service
0 850 Securities/Commodities/
Exchange
0 875 Customer Challenge 12
usc 3410
0 890 Other Statutory Actions
0 891 Agricultural Act
0 892 Economic Stabilization
Act
0 893 Environmental Matters
0 894 Energy Allocation Act
0 895 Freedom of Info. Act
0 900 Appeal of Fee Determination Under Equal
Access to Justice
0 950 Constitutionality of
State Statutes

FOR OFFICE lJSE ONLY:

CONTRACT
Insurance
Marine
Miller Act
Negotiable Instrument
Recovery of
Overpayment &
Enforcement of
Judgment
0 !51 Medicare Act
0 152 Recovery of Defaulted
Student Loan (Excl.
Veterans)
0 153 Recovery of
Overpayment of
Veteran's Benefits
0 160 Stockholders' Suits
0 !90 Other Contract
0 !95 Contract Product
Liability
0196 Franchise
REAL PROPERTY
0210 Land Condemnation
0220 Foreclosure
0230 Rent Lease & Ejectment
0 240 Torts to Land
0245 Tort Product Liability
0 290 All Other Real Property
0 110
0120
0 130
0 140
0 150

TORTS
PERSONAL INJURY
0310 Airplane
0315 Airplane Product
Liability
0320 Assault, Libel &
Slander
0 330 Fed. Employers'
Liability
0340 Marine
0 345 Marine Product
Liability
0 350 Motor Vehicle
0 355 Motor Vehicle
Product Liability
0360 Other Personal
Injury
0 362 Personal InjuryMed Malpractice
0 365 Personal InjuryProduct Liability
0 368 Asbestos Personal
Injury Product
Liability
IMMIGRATION
0462 Naturalization
Application
0463 Habeas CorpusAlien Detainee
0465 Other Immigration
Actions

TORTS
PERSONAL
PROPERTY
0 370 Other Fraud
0 371 Truth in Lending
0 380 Other Personal
Property Damage
0 385 Property Damage
Product Liability
BANKRUPTCY
0 422 Appeal 28 USC
158
0423 Withdrawal 28
usc 157
CIVIL RIG I ITS
0441 Voting
0442 Employment
0443 I lousing/Aceommodations
0444 Welfare
0 445 American with
Disabilities Employment
0446 American with
DisabilitiesOther
0 440 Other Civil
Rights

PRJSONER
0

0
0
0
0
0

0
0
0

0
0
0
0
0

PETITIONS
510 Motions to
Vacate Sentence
Habeas Corpus
530 General
535 Death Penalty
540 Mandamus/
Other
550 Civil Rights
555 Prison Condition
FORFEITURE I
PENALTY
610 Agriculture
620 Other Food &
Drug
625 Drug Related
Seizure of
Property 21 USC
881
630 Liquor Laws
640 RR. & Truck
650 Airline Regs
660 Occupational
Safety /Health
690 Other

LABOR
0 710 Fair Labor Standards
Act
0 720 Labor/Mgmt.
Relations
0 730 Labor/Mgmt.
Reporting &
Disclosure Act
0 740 Railway Labor Act
0 790 Other Labor
Litigation
0 791 Empl. Ret. Inc.
Security Act
PROPERTY RIGHTS
0 820 Copyrights
~30 Patent
840 Trademark
SOCIAL SECURITY
0 861 HIA (139511)
0 862 Black Lung (923)
0 863 DIWC/DIWW
(405(g))
0864 SSID Title XVI
0 865 RSI (405(g))
FEDERAL TAX SUITS
0 870 Taxes (U S. Plaintiff
or Defendant)
0 871 IRS-Third Party 26
usc 7609

GV12-0247i

__
Case Number: ________________________, ~--------------------------------

AFTER COMPLETING THE FRONT SIDE OF FORM CV-71, COMPLETE THE INFORMATION REQUESTED BELOW.

cv -71

(05/08)

CIVIL COVER SHEET

Page I of2

UNITED STA • .,.S DISTRICT COURT, CENTRAL DISTRICt OF CALIFORNIA
CIVIL COVER SHEET
0 Yes

VIII( a). IDENTICAL CASES: Has this action been previously filed in this court and dismissed, remanded or closed? ri'No

If yes, list case number(s): - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - VIII(b). RELATED CASES: Have any cases been previously filed in this court that are related to the present case? !i'No

0 Yes

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) 0 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
0 C For other reasons would entail substantial duplication of labor if heard by different judges; or

0 D. Involve the same patent, trademark or copyright, and one of the factors identified above in a, b or c also is present
IX. v•:NlJE: (When completing the followmg information, use an additional sheet if necessary.)
(a)
0

List the County in this District; California County outside of this District; Stale if other than California; or Foreign Country, in which EACH named plaintifT resides.
Check here if the government, its agencies or employees is a named plaintiff If this box is checked, go to item (b).
California County outside of this District; State, if other than California; or Foreign Country

County in this District:*
Jack Russell- Los Angeles County

(b)
0

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.
c.
Check here if the government, its agencies or employees is a named defendant If this box is checked, go to 1tcm ()
California County outside of this District; State, if other than California; or Foreign Country

County in this District:*

Michael Lardic - Sacramento County

Mark Kendall - San Bernardino County
Audie Dcsbrow - Los Angeles County
Bigg Time Entcrtianment, Inc. - Los Angeles County
(c)

I .ist the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH cla11n arose.
.,
Note· In land condemnation cases use the location of the tract of land involved
California County outside of this District; State, if other than California; or Foreign Country

County in this District:*
Los Angeles County

* Los Angeles, Orange, San Bernardino, Riverside, Ventura, Santa Barbara, or San Luis Obispo Counties
Note In land condemnation cases use the location of the tract of land involved
X

SIGNATURE OF ATTORNEY (OR PRO PER)

.-~--.~ __..
_...c;....._ __;;__ _ _ _ _ _ _ _ _ _ _ _ _ _ _

r<.- ,

. ,

-.,>,
..:.. .. / //. _
Date-----.'-----+-___;__- _ _ _ _ _ _ _ __
/

/

Notice to Counsel/Parties: The CV -71 (JS-44) Civil Cover Sheet and the information contained herein neither replace nor supplement the 111ing 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 Suit Code

Abbreviation

Substantive Statement of Cause of Action

861

HIA

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))

862

BL

All claims for "Black Lung" benefits under Title 4, Part B, of the Federal Coal Mine Health and Safety Act of 1969.
(30 U S.C. 923)

863

DIWC

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 USC 405(g))

863

DIWW

All claims filed for widows or widowers insurance benefits based on disability under Title 2 of the Social Security
Act, as amended. (42 U.S.C. 405(g))

~4

ssm

All claims for supplemental security income payments based upon disability flied under Title 16 of the Social Security
Act, as amended.

865

RSI

All claims for retirement (old age) and survivors benefits under Title 2 of the Social Security Act, as amended (42
U.S.C. (g))

CV-71 (05/08)

CIVIL COVER SHEET

Page 2 of2