Mark Lewis v. Avid Dating Life Inc et al

Filing 1

NOTICE OF REMOVAL from Superior Court of CA for the County of Los Angeles,Central District, Unlimited Jurisdiction, case number BC526665 with CONFORMED FILED copy of summons and class action complaint. Case assigned to Judge Dolly M. Gee, Discovery to Magistrate Judge Michael R. Wilner. (Filing fee $ 400 PAID. ), filed by Defendants Avid Dating Life Inc, Avid Life Media Inc. (et) (mg).

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TO THE HONORABLE COURT, ALL PARTIES, AND THEIR ATTORNEYS
OF RECORD:
PLEASE TAKE NOTICE THAT defendants Avid Dating Life Inc. and Avid Life

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Media Inc. (together, "Avid") hereby remove this action from the Superior Court of the

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State of California, County of Los Angeles, to the United States District Court for the

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Central District of California, and in support thereof, states as follows:

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STATEMENT OF THE CASE
1.

Plaintiff Mark Lewis allegedly was a member of a dating website operated

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by Avid. (Complaint, Tf 9.) Plaintiff alleges that the website does not allow men to

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communicate with women through the website unless they purchase credits, but allows

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women to communicate with men through the website without payment. (Complaint, ^

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7-8.) Based on these allegations, Plaintiff brings four claims against Avid for: (1)

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violation of the Unrue Civil Rights Act, Cal. Civ. Code § 51; (2) violation of the Gender

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Tax Repeal Act of 1995, Cal. Civ. Code § 51.6; (3) violation of Cal. Civ. Code § 51.5;

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and (4) violation of the Unfair Competition Law, Cal. Bus. & Prof. Code § 17200, et

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2.

Plaintiff seeks to certify a class on the first three causes of action of "all

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male California residents who have paid to communicate with women on the [Avid

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operated] Website at any time since two years prior to this action's filing." (Complaint,

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If 13.) Plaintiff seeks to certify a class on the fourth cause of action of "all male

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California residents who have paid to communicate with women on the [Avid operated]

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Website at any time since four years prior to this action's filing." (Complaint, Tf 13.)

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3.

On the first through third causes of action, Plaintiff seeks statutory

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damages of $4,000 for each violation of the applicable statute. (Complaint, Prayer.) On

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the fourth cause of action, Plaintiff seeks "restitution of all sums paid by male California

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residents to communicate with women on the [Avid operated] Website." (Complaint,

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Prayer.)

NOTICE OF REMOVAL OF ACTION TO FEDERAL COURT

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4.

The Complaint was filed on November 4, 2013, received by Avid on

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January 2, 2014, and is removable under the Class Action Fairness Act of 2005

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("CAFA"), 28 U.S.C. §§ 1332(d)(2) and 1453(b). Avid has satisfied all procedural

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requirements of 28 U.S.C. § 1446 and thereby removes this action to the United States

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District Court for the Central District of California pursuant to 28 U.S.C. §§ 1332, 1441,

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1446, and 1453.

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THE REQUIREMENTS FOR REMOVAL HAVE BEEN SATISFIED

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5.

CAFA fundamentally changed the legal standards governing removal

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jurisdiction. Believing that state courts were not adequately protecting defendants

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against class action abuses, Congress explicitly stated that CAFA's "provisions should

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be read broadly, with a strong preference that interstate actions should be heard in

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federal court." S. Rep. No. 109-14, at 43 (2005). Congress instructs district courts to

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"err in favor of exercising jurisdiction." Id. at 42. As shown below, the requirements

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for diversity jurisdiction under CAFA, 28 U.S.C. § 1332(d)(2), are satisfied.
6.

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Class Action. This lawsuit is a class action as defined by 28 U.S.C.

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1332(d)(1)(B). CAFA defines a "class action" as "any civil action filed under Rule 23

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of the Federal Rules of Civil Procedure or similar state statute or rule of judicial

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procedure authorizing an action to be brought by 1 or more representative persons as a

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class action." Id. Plaintiff styles his complaint as a "class action," and alleges that he

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brings it "on behalf of all others similarly situated." (Complaint, p.1.) Plaintiff further

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alleges that he "brings this class action against Defendants pursuant to Code of Civil

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Procedure section 382 on behalf of all similarly situated individuals." (Complaint,

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13.)
7.

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Diversity of Citizenship. At the time the lawsuit was filed, and as of the

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date of this notice, defendants Avid are both Canadian corporations with their principal

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places of business in Toronto, Ontario, Canada. (Complaint,

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Jiwan,

2; Declaration of Rizwan

2.) At the time of the filing of this action, and as of the date of this notice,
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NOTICE OF REMOVAL OF ACTION TO FEDERAL COURT

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Plaintiff was and is a resident (and on information and belief a citizen) of the State of

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California, in the County of Los Angeles. (Complaint, ^ 1.) Plaintiff seeks certification

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of a class of persons residing in the State of California. (Complaint, ^ 13.). Because at

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least one member of the purported class, including Plaintiff, is from California, and the

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Avid defendants are citizens of Canada, the diversity requirement of 28 U.S.C. §

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1332(d)(2) is satisfied.

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8.

Amount in Controversy. Avid denies that Plaintiff or the putative class are

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entitled to damages in this lawsuit. Avid further reserves its right to contest any method

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by which Plaintiff intends to calculate damages. However, the matter alleged to be in

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controversy exceeds the sum or value of $5,000,000, exclusive of interest and costs,

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satisfying the amount in controversy requirement of 28 U.S.C. § 1332(d)(2). The

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Complaint seeks relief that includes:

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(1)

$4,000 for each violation of the Unrue Civil Rights Act;

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(2)

$4,000 for each violation of the Gender Tax Repeal Act;

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(3)

$4,000 for each violation of Cal. Civ. Code § 51.5;

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(4)

Restitution of all sums paid by California males over the past four years;

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(5)

a permanent injunction; and

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(6)

attorneys' fees and litigation costs.

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(Complaint, Prayer.) Aggregation of these potential damages and expenses brings this

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matter within the purview of CAFA.

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Under CAFA, the amount in controversy is determined by aggregating the claims

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of all individual class members. 28 U.S.C. § 1332(d)(6). A court must "assume that the

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allegations in the complaint are true and assume that the jury will return a verdict for the

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plaintiff on all claims made in the complaint." Kenneth Rothschild Trust v. Morgan

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Stanley Dean Witter, 199 F. Supp. 2d 993, 1001 (C.D. Cal. 2002); see also Theis

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Research, Inc. v. Brown & Bain, 400 F.3d 659, 664 (9th Cir. 2005) ("The question in

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whether the amount of damages [the plaintiff] claimed in its complaint was asserted in

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good faith; if so, that amount controls for purposes of diversity jurisdiction."). Thus, it
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NOTICE OF REMOVAL OF ACTION TO FEDERAL COURT

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is irrelevant to assessing the amount in controversy that Avid denies liability and denies

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that Plaintiff, or any putative class members, are entitled to the type and amount of relief

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requested.

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On the face of Plaintiff's Complaint, it is apparent that Plaintiff seeks well in

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excess of $5,000,000 on behalf of himself and the purported class. Indeed, Plaintiff

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alleges that there are in excess of 500 class members (Complaint, ^ 14), and that each

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class member is entitled to recover at least $12,000 ($4,000 on each of Plaintiff's First

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through Third causes of action). This alone amounts to $6,000,000, without factoring in

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Plaintiff's request for restitution and attorneys' fees. In fact, the putative class, as

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defined by Plaintiff, would include in excess of 2,000 members. (Jiwan Decl., ^ 3.)

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This would result in $8,000,000 of alleged damages on each of Plaintiff's first through

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third causes of action. Moreover, even exclusive of the statutory damages, the

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restitutionary damages alone that Plaintiff seeks on his fourth cause of action would also

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exceed $5,000,000. (Jiwan Decl., ^3.)

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Thus, the amount in controversy requirement is easily satisfied, as Plaintiff seeks
well in excess of $5,000,000 on behalf of himself and the putative class.
9.

Number of Proposed Class Members. Although Avid denies any liability

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and denies that Plaintiff has properly defined or can certify a class, Plaintiff seeks

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certification of a class of "all male California residents who have paid to communicate

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with women on the [Avid operated] Website at any time since two [or four] years prior

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to this action's filing." (Complaint, If 13.) Plaintiff alleges that the number of class

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members exceeds 500. (Complaint, ^f 14.) In fact, Plaintiff's class, as defined, would

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include over 2,000 members. (Jiwan Decl., ]f 3.) Thus, the action satisfies the

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requirement of 28 U.S.C. § 1332(d)(5)(B) that the proposed class include at least 100

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persons.

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10.

Timeliness. The removal notice is filed as required by 28 U.S.C. §

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1446(b). Avid received a copy of the Complaint on January 2, 2014, and files this

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notice within thirty days after receipt of the Complaint.
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NOTICE OF REMOVAL OF ACTION TO FEDERAL COURT

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Exceptions Do Not Apply. The exceptions to removal under 28 U.S.C. §§

1332(d) and 1453 do not apply.
THE PROCEDURAL REQUIREMENTS FOR REMOVAL ARE SATISFIED
12.

The Superior Court of the State of California, County of Los Angeles, is

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located in the Central District of California. 28 U.S.C. § 84(c). This Notice of Removal

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is therefore properly filed in this Court pursuant to 28 U.S.C. § 1441(a).

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13.

Avid has complied with 28 U.S.C. §§ 1446(a) and (d). Under 28 U.S.C. §

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1446(a), a true and correct copy of all the process, pleadings, or orders on file in the

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state court or served on Avid in the state court are attached as Exhibit A. Counsel for

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Avid certifies that it will file a copy of this Notice of Removal with the Clerk of the

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Superior Court of the State of California, County of Los Angeles, and has served notice

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of same to counsel for Plaintiff in accordance with 28 U.S.C. § 1446(d). A copy of the

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Notice to Superior Court and Adverse Party of Removal of Civil Action to Federal

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Court, with proof of service on Plaintiff's counsel, is attached as Exhibit B.

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WHEREFORE, for the reasons stated herein, Avid prays that this action be

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removed to this Court; that all further proceedings in the state court be stayed; and that

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Avid obtain all additional relief to which it is entitled.

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Dated: January 31, 2014

BARNES & THORNBURG LLP

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By.
Kevin I). Rising

Attorneys for Defendants
AVID DATING LIFE INC. and
AVID LIFE MEDIA INC

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NOTICE OF REMOVAL OF ACTION TO FEDERAL COURT

Exhibit A

Exhibit A

comommmam
OiyGMB&MUfflfPM coma
Sutorior Court of Cftlilbiola

SUMMONS
(CITACION JUDICIAL)

CflHfltv ofLtn

NOTICE TO 0EFENDANT:

(AVISO AL DEMANDADO):

toy. 04 2013

AVID DATING LIFE INC., AVID LIFE MEDIA INC., AND DOBS

1.10

Jpiin A Clarke, Executive Ofiiccr/CIerk

YOU ARE BEING SUED BY PLAINTIFF:

By LjiTRESE JOHNSON, Deputy

(LO ESTA DBMANOAMO EL DEMANDAHTE):
MARK LEWIS, Individually and On Behalf of All Others Similarly
Situated

NOTICE) You have bsen sued.The ctiuri may (tacfcte sgsinatyou wtlhouj your beinjheart unless you respond wtlliln 30 days, Road the information
bekw.
You have 3D CAUKNOAR DAYS after ittls summons arid iwial papers are setvyi on yew to file a written response at 1Mb wurt and hw a copy
wwed on Uw plaintiff, A kilter or iihom) call will rol protect you, Your written response musl Ijo In proper legal fom l( you want lhe> couit to heor your
case, There may court form that yim fan we(of your response. You can ftitd these court fctms ,iml twra Intennatfon at to Csfifomfa Courts
Online Solt-Help Center (Mw.oowrffiifb.ca.govAefffiolp). your county law tibia ry, or tha cwirthouso ntrarost you. II you cannot pay the tiling lea, ask
the court ciprK (or a fee wurver (otto, If you do not lllu your response on time, you may lose tha ease by <fefault, and your wages, money, and property
may i» laVen wilhotil further warning from the court.
Tlwfe era other legal tetiiil/eAisiils. you may want to ciiH so attorney tlsjttt away. If you do not know fin attorney, you may. want to «>ll an attorney
referral service. If you cannot afford ananorney, yoti may be eligible for freo legal services from a nonprofit fogal services program. You can locate
these nonprofit ijroupsaHiioCelifornlfl Legas $eivt$es Was ate{vnw.tetvfts/pcB^ftwr/awpl, the California Courts Online Setf-Keip ftenter
(WW.court/rtfo.oa.govfeJftelp), or by contectimj your local court or county Par tworMon, NOTE: The court has a statutory lion for waived tees and
OOBIS on any settlement or arbitration.award of $10.000 or the® In a chill case. The court's lion must tw paid before DM cMl will rllsmba Ihe ca«a,
(AVISO! La fran demBnOeHn. Si no mpcwcte dentro do $0 dla$, la ports pueda deekKren su oootra sin eswchgr so yorsWn. teafa InfomMdn g
conSmiadin,
Tteno 30 OlAS Of? CAttzNOARIO (tojpitosSs qvo henlrsguon oofa Blmclin ypepvlos log files pam pmsentor una respuasfa pot osatto en est$
Cortp y ftawr ijwo &s onlmgue una oopla ol demendanta. Um crirtn o una Hamado fotefttn/ca no to protoijon. Sw respussft por osorilo I'mut pus twiar
on tomato legal corrocio ol (tesea qvo procewn sw aw en to rods, Esposibto quo imya un fannuterio quo listed pueda usprpaif) «u resfiuosia
ftmda orroonfuaresfos ftjnnwtoncs cf9 k y mistnformixidn m ol Centra rie Ayu'&> tto tfw Cartas <Ja Oiltlorrila (www.ffl.icorta.ca,goi/J, on la
blbtotaca do ir>es do sueondodo oon la corto qua to oimcte mis carta, St no puodopa^arlacvola da piwonlodOo, pido alseavtmio cfe Is co/te
quo fod6 wj femwterfo da exenr.tdn (lepiigodsetmtss. SI nopwssnta &j r&spuesta a tlempo, puedepsiVbrelcaBOporlftGuinitflmlento y la corfy lo
pffM quS&r stf sveltlo, to yfiiories sin m$s wfwfencte.
Hoy otn>s laqulsltos legslas, £a moommdBblo qus Ibme a un abttyarjo inrmdl^tanmnto, SI no eonoco a un obeqado, puade tlernor a un servfao de
ttmlslcm a itbogMos SI no puods pntjat a un ebogsdo, #$ posftiJe qmcwnplfr con los raqutsitos pare ofjteiw sertft&sfaga/as g/stuitos da un
pwgtBftls Ctoscrv/eta fe^ates sin fines do iuero. Pueth urtaontmrastos grupus sin fftras Ge lu&o an »! s/llo mb tie California Legal fServtees,
iWw^,taM^etpcallft>rrifatW5>i on ttfOwfnj cf& Aywls do fas Ctftes do Cslifoml0r fw^.^rcofle^.tiouj <> pmleiKlQva en conteKtocQftfocorteQ el
cotogio d9ahogadoslocales. AVtsOt Por lay, la ootid few. directio nwJamttrlas aretes y tea ooatoa ewntos ptxlmponor on gmvamon sobro
ouatqulwrsajpattsclAn (fc $10,0006 ifdn do velorrQtiblds madlonlo un ncuardo o una concotidn do aitiltnija on un caso dodatecto of/It, Tiena qua
fimjar<?f jffwertwi tte faWite antes (la que la cotls pixxls ctesefmrsf rareo.
Ths name nr>d address of tbs oourl Is:
"'
n^Muntsat _ „ „ . rt -»
<W"WI'W^Q § ^6 § D D
(B nomere y direccfcnda la coH© o^. Superior Court ofCalifornla for the
County of Los Angeles
til N Hill St, Los Angeles, CA 90012

—

————__

The name, wWresa. and telephone ttumbef ofplelntiffs attorney, or plaintiff wlthoul an attorney, fa:
(£f rtomfiie, fa (lirceddn y el nfimem (Is te!6fono del abogedo del detmndanfo, o del ejemandente qua no Uono abogadOj as):
Morse Mehrbatt; 15233 Ventura Blvd., Suite 1000, Shennan Oaks, CA 91403; 424-274-1237
Jr'^ A- Ohrfo
DATE:
A
Clerk, by
(pQOha)
fr wrfcr/
^^
(Socmtario).
fror prbofWsStycfrot mis sumnKm^tm Proof of Service 61 STIrwoitis
(Pern prMK&e enlrega da esto cttBUdn use el tortwlario Proof of Service of Summons, (POS-OW)).
rr^-Z,'^—
NOTICE TO THE PERSON SERVED: You are served
1. f "I as an Individual defendant
2. r**j as the person sued umterthsftcUllous name of (specify):
3. LZJ on behalf of

A

QtlJ.'froit.t«cy.^x.j:u so
lcs t((tyJiHoty ,
3IAVK» lf(«. July1.TO)

(Adjunto)

(spttctfy):

under CI] CCP 410.10 {corporation)
\~~
1 1 ,"!j CCP 16.20 (dehiact corporation)
1
CCP 416,40 (association or partnership) [ "

4-

. Deputy

(specify):

Q other
I TU hy personal delivery on

CCP 416.60 (minor)
CCP 416,70 (eonservatee)
CCP 416.90 (authorized person)

(date):

SUMMONS

C«h of Gfyii ProflodUe{S 4ti?0,<65

CONFORMED COP\

1 Morse Mebrban (State Bar No. 169082}
LAW OFFICES OF MORSE MEHRBAN, AJ.C.
2 15233 Ventura Boulevard, Suite 1000
Sherman Oaks, California 91403-2251
3 Telephone: [phone]
Facsimile: 206-202-3834
4 Email: Morse@Mehr ban.com

OIUGINAL PILED
Superior Court of California
Coiintv OfLw An!"1'"

.

K-uv. 04 2013

JotmA. ClaxkOj Executive Offiow/Clerk

By tATKBSB JOHNSON, Deputy

Julie Mehrbfm (State Bar No. 271290)
MEHRBAN LAW CORPORATION, A.P.C.
15233 Ventura Boulevard, Suite 1000
6
Sherman Oaks, California 91403-2251
Telephone; 424-777-3319
7
Facsimile: 206-337-9532
Email: Julie@MebrbanLawxom

5

8

Attorneys for Plaintiff,
9 Mark. Lewis
SUPERIOR COURT OF CALIFORNIA

LO

COUNTY OF LOS ANGELES, CENTRAL DISTRICT, UNLI
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15

MARK LEWS, Individually and On Behalf of
All Others Similarly Situated,

Case No,
[CLASS ACTION]

Plaintiff,
COMPLAINT FOR INJUNCTION AND
DAMAGES FOR VIOLATION OF THE UNRUH
CIVIL RIGHTS ACT, THE GENDER TAX
AVID DATING LIFE INC., AVID LIFE MEDIA REPEAL ACT OF 1995, CIVIL CODE SECTION
INC, AND DOES 1-10,
51.5, AND THE UNFAIR COMPETITION LAW
v.

16

Defendants.

17

MARK LEWIS (hereinafter, "Plaintiff"), individually, on behalf of all others similarly situated,

18 makes the following allegations and claims against AVID DATING LIFE INC., AVID LIFE MEDIA
19 INC., AND DOES 1-10 (hereinafter, "Defendants"), upon personal knowledge, investigation of counsel,
and information and belief:
20
21

L

22 2.

Plaintiff is a resident of the state of California and county of Los Angeles.
AVID DATING LIFE INC. and AVED LIFE MEDIA INC. are Canadian corporations with their
principal places of business and corporate headquarters in Canada.

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3.

Does l-l0 are sued pursuant to Code of Civil Procedure section 474.

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i
Complaint

1 4.

At all times mentioned herein, Defendants have been offering dating services on their website,
ashleymadison.com (hereinafter, the "Website").

2

5.
3

The Website provides a venue fox men and women to communicate with one another.
FIRST CAUSE OF ACTION AGAINST ALL DEFENDANTS FOR VIOLATION OF
THE UNRUH CIVIL RIGHTS ACT, CIVIL CODE SECTION.51

4
6.

Each of the foregoing paragraphs is incorporated herein by reference.

7.

5

During tie preceding four years, the Website has not permitted men to communicate with

6

women unless they purchase credits.

7 8.

During the preceding four years, the Website has pennitted women to communicate with men for
free.

3

9.
9

On or about August 27,2013, in order to communicate with women on the Website, Plaintiff had
to pay Defendants $49.00 to purchase credits.

10

SECOND CAUSE OF ACTION AOA1NST ALL DEFENDANTS FOR .VIOLATION OF
TOE GENDER TAX REPEAL ACT OF 199S.CrVtt.qOPE SECTION 51.6

11
10.
12

Each of the foregoing paragraphs is incorporated herein by reference.
m i m m against ah m m s for yiquiiqkqe
wm m
m i

13
14

am WE section as
11.

Each of the foregoing paragraphs is incorporated herein by reference,

IS

THE UNFAIR COMPETITION LAW

16 12.

Each of the foregoing paragraphs is incorporated herein by reference.
CLASS ACTION ALLEGATIONS

17
13.
IS

Plaintiff brings this class action against Defendants pursuant to Code of Civil Procedure section
382 on behalf of all similarly*situated individuals. For purposes of the first through third causes

19

of action, the class is defined as all male California residents who have paid to communicate

20

with womenon the Website at any time since two years prior to this action's filing. For purposes
of the fourth cause of action, the class is defined as ail male California residents who have paid

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to communicate with women on the Website at any time since four years prior to this action's
filing.

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25

Cowpinfat

1 14.

TTie members of toe class are so munerous that joinder of all members is impracticable. While
the exact number of class members is unknown, such information can be ascertained through

2

discovery into Defendants' records. The number Is estimated to exceed 500.
3

15.

4

A class action is superior to other available methods for the fbir and efficient adjudication of this
controversy because joinder of all members is impracticable, the likelihood of individual class
members prosecuting separate claims is remote and individual class members do not have a

5

significant interest in individually controlling the prosecution of separate actions. Relief

6

concerning Plaintiffs rights and with respect to the class as a whole would be appropriate,

7

Plaintiff knows of no difillcully to be encountered in the management of this action that would
preclude its maintenance as a class action.

8
16.
9

10
11

lliere is a well-defined community of interest among the members of the class because common
questions of law and feet predominate. Common questions of law and fact exist as to all
members of the olass and predominate over any questions affecting solely individual members of
the class, These common questions include, but are not limited to, whether Defendants charged
men to communicate with women on the Website while not charging women to communicate

12

13
14

wife men on the Website, whether Defendants' conduct violates the aforementioned laws,
whether class members are entitled to injunctive relief pursuant to Civil Code section 52,
subdivision (e) and Business and Professions Code section 17203, whether class members are
entitled to statutory damages pursuant to Civil Code section 52, subdivision (a), and whether

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class members are entitled to nwtitu&on pursuant to Business and Professions Code section

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17203,

17 17.

Plaintiff's claims are typical of those of other class members because Plaintiff, like every other

•

class member, was exposed to virtually identical conduct and is entitled to the same remedies
18

pursuant to the same laws.

19 18.

Plaintiff can fairly and adequately represent the Interests of the class, Plaintiff has no conflicts of

20

interest with other class members. Plaintiff has retained competent counsel experienced in civil
litigation and class actions.

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23 \\\
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25

3
Complain!

i

1

PRAYER

Wherefore, Plaintiff prays for judgment against Defendants as follows:

2

On the First Causes of Action
3

A.

section 51.

4
5

For four thousand dollars ($4,000) for each violation of the Unruh Civil Rights Act, Civil Code

B.

.

For a permanent injunction.

On the Second Cause of Action

6

A.

Civil Code section 51.6.

7

8

For four thousand dollars ($4,000) for each violation of the Gender Tax Repeal Act of 1995,

B.

For a permanent injunction.

On the Third Cause of Action
9

A.

10 B.
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For a permanent injunction.

On the Fourth Cause of Action
A.

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For restitution of all sums paid by male California residents to communicate with women on the
Website.

13 B.
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For four thousand dollars ($4,000) for each violation of Civil Code section 51.5.

For a permanent injunction.

On All Causes of Action
For an order certifying this case as a class action, reasonable attorney's fees, prejudgment

15

interest, costs, and such relief as the Court may deem just and proper.

16 Dated: 10/30/2013
17
18

19

Morse Mehrban
Attorney for Plaintiff,
Mark Lewis

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4
Complaint

SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
WENT- CLASS ACTION CASES
NOTICE OF CASE ASSIGN !ftEJNT_~ CUSS ACTK
Case Number

• Be 526 64-5-

Your «te in (listened Tor all purpose* (a the Judicial ofticcr indicated hflow (Local Knit 3.3(c)
ASSIGNED JUDGE

DEPT

ROOM

Judge Blihu M. Berle

323

1707

Judge Lee Sntalley Edmcm

322

1702

Judge John Stiepard Wiley, Jr.

311

1408

/&

1412

\ /Judge Kenneth Freeman

. . . ,f ^
308

Judge Willliam F. Highberger

1415

307

Judge Jane Johnson

1402

OTHER

Instructions for handling Class Action Civil Cases
Hie Mowing critical provisions of the Chapter Three Rules, as applicable in the Central District, are summarized for your assistance.

mitmoffl
The Chapter Three Rules were effective January 1,1994. They apply to all general civil cases.

PRIORITY QYffP QTflffR RUHjfiS
The Chapter Three Rules shall lave priority over alt other Local Rules to the extent the others are inconsistent.

OWENCETO AS^CNEDWPgff
A challenge under Code of Civil Procedure section 170,6 must be made within 15 days after notice of assignment for all purposes to a
judge, or if a party lias not yet appeared, within 15 days of the first appearance.

xmmwpasps
Cases assigned to the Individual Calendaring Court will be subject to processing under die following time standards:
COMPLAINTS: All complaints shall he served within 60 days of filing and proof of service shall be filed within 90 days of filing,
CROSS-COMPLAINTS; Without leave of court first being obtained, no cross-complaint may be filed by any party after their answer is
filed. Cross-complaints shall be served within 30 days of the filing date and a proof of service filed within 60 days of the filing date.
A Status Conference will be scheduled by the assigned Independent Calendar Judge no later than 270 days after the filing of (he complaint.
Counsel must be fully prepared to discuss the following Issues: alternative dispute resolution,, bifurcation, settlement, trial date, and expert
witnesses.
FINAL STATUE CONFERENCE
The Court will require the patties at a status conference not more than 10 days before the trial to have timely Hied and served all motions
in limine, bifurcation motions, statements of major evidentiary issues, dispositive motions, requested jury instructions, <md special jury
Instructions and special jury verdicts. These matters may be heard and resolved at this conference, At least 5 days before this conference,
counsel must also have exchanged lists of exhibits and witnesses and have submitted to the court a brief statement of the case to be read to
the jury panel as required by Chapter Eight ofthe Los Angeles Superior Court Rules.
SANCTIONS
The court will impose appropriate sanctions for the failure or refusal to comply with Chapter Three Rules, orders made by the Court, and
time standards or deadlines established by the Court or by the Chapter Three Rules. Such sanctions may be on a party or if appropriate on
counsel for the party,
Thl» Ij not a complete delineator* nf (he Chapter Three Rulfcs, ant) adherence imly to (he above provisions Is therefore not » guarantee ngalnst the Imposition of
sanctions under Trial Court Delay Ueilucttnn. Careful reading and compliance witli thcjjctual^Ompter Rules U absolutely Imperative.
Given to the Plaintiff/Cross-Complainant/Attorney of Record on

NOV

Sherri R. Carter, Ewcutive Officer/Clerk

By.

.Deputy Clerk

1

MOV 2 0 2013

2

LOSANuiiLbS

3

SUPERIOR COURT

4
5

6
7
8

SUPERIOR COURT OF THE STATE OF CALIFORNIA

9

COUNTY OF LOS ANGELES

10

CENTRAL DISTRICT

11 MARK LEWIS, otal

Case No. BC526665

12

INITIAL STATUS CONFERENCE ORDER
(COMPLEX LITIGATION PROGRAM)

13
14

Plaintiff,
vs.
AVID DATING LIFE, INC., AVID LIFE

15 MEDIA, INC., etal.

16

Defendants.

Case Assigned for AU Purposes to
Judge Kenneth R. Freeman
Department: 310
Date:
March 21,2014
Time;
9:00 a,tn.

17
18

This case has been assigned for all purposes to Judge Kenneth R. Freeman in the Complex

19
20
21

Litigation Program. An Initial Status Conference is set for March 21,2014 at 9:00 aan. in
Department 310 located in the Central Civil West Courthouse at 600 South Commonwealth

22 Avenue, Los Angeles, California 90005, Counsel for all parties are ordered to attend.
23

Hie Court orders counsel to prepare lor the Initial Status Conference by identifying and

24 discussing the central legal and factual issues in the case. Counsel for plaintiff is ordered to
25

initiate contact with counsel for defense to begin this process. Counsel then must negotiate and

26

27
28

agree, as possible, on a case management plan. To this end, counsel must file a Joint Initial Status
Conference Class Action Response Statement live court days before the Initial Status Conference.

INITI AL STATUS CONFERENCE ORDER

The Joint Response Statement must be filed on line-numbered pleading paper and must
1

2 specifically answer each of the below-numbered questions. Do not the use the Judicial Council

3 Form CM-110 (Case Management Statement) for this purpose.
4

1. PARTIES AND COUNSEL: Please list all presently-named class representatives and

5 presently-named defendants, together with all counsel of record, Including counsel's contact and
6

email information.

7

2. POTENTIAL ADDITIONAL PARTIES; Does any plaintiff presently intend to add
8

9

more class representatives? If so, and if known, by what date and by what name? Does any

10 plaintiff presently intend to name more defendants? If so, and if known, by what date and by what
11 name? Does any appearing defendant presently intend to file a cross-complaint? tf so. who will

12 be named.
13

3. IMPROPERLY NAMED DEFENDANTS): If the complaint names the wrcmg

14

person or entity, please explain.

15

16

4. ADEQUACY OF PROPOSED CLASS REPRESENTATIVE(S): If any party

17 believes one or more named plaintiffs might not be an adequate class representative^ please

18 explain, No prejudice will attach to these responses,
19

5. ESTIMATED CLASS SIZE; Please discuss and indicate the estimated class size.

20

6. OTHER ACTIONS WITH OVERLAPPING CLASS DEFINITIONS: Please list

21

other cases with overlapping class definitions. Please identify the court, the short caption title, the

22

23
24

docket number, and the case status.
7. POTENTIALLY RELEVANT ARBITRATION AND/OR CLASS ACTION

25 WAIVER CLAUSES: Please include a sample of any clause of this sort. Opposing parties must
26 summarize their views on this issue.
27

8. POTENTIAL EARLY CRUCIAL MOTIONS: Opposing counsel are to identify and

28

-2z
INITIAL STATUS CONFERENCE ORDER

] describe the significant core issues in the case. Counsel then are to identify efficient ways to
2 resolve those issues. The vehicles include:

3

* Early motions in limine,

4

• Early motions about particular jury instructions,

5

• Demurrers,

6

IB

Motions to strike,

7
8
9
10

* Moti ons for judgment on the pleadings, and
• Motions for summary judgment and summary adjudication.
NOTE: Effective 2012, by stipulation a party may move for summary adjudication of

1 1 a legal issue or a claim for damages that does not completely dispose of a cause of action, an
12 affirmative defense, or an issue of duty1. Counsel are to analyze, discuss, and report on the

13
14

relevance of this powerful new procedure.
% CLASS CONTACT INFORMATION; Does plaintiff need class contact information

15
16

from the defendant's records? If so, do die parties consent to an "opt-out" notice process (as

fl>
17 approved in Belalre~We$t Landscape, Inc. v. Superior Court (2007) 149 Cal.App.4 554,561) to

18 precede defense delivery of this information to plaintiffs counsel? If die parties agree on the

19 notice process, who should pay for it? Should there be a third-party administrator?
20
21

10. PROTECTIVE ORDERS: Parties considering an order to protect confidential
information from general disclosure should begin with the model protective orders found on the

22

23
24

Los Angeles Superior Court Website under "Civil Tools for Litigators."
11, DISCOVERY; Please discuss discovery. Do the parties agree on a plan? If not) can

25 the parties negotiate a compromise? At minimum, please summarize each side's views on
26

27

!See

Code Civ. Proc. § 437c, subd.(s)

28

-3*
INITIAL STATUS CONFERENCE ORDER

___

1

discovery, The Court generally allows discovery on matters relevant to class certification, which

1 (depending on circumstances) may include factual issues also touching the merits. Hie Court
3 generally does not permit extensive or expensive discovery relevant only to the merits (for
4 example, detailed damages discovery) unless a persuasive showing establishes early need If any
5 party seeks discovery from absent class members, please estimate how many, and also state the

6

kind of discovery you propose2.

7
12. INSURANCE COVERAGE: Please state if there is insurance for indemnity or

8
9

reimbursement.
13. ALTERNATIVE DISPUTE RESOLUTION-. Please discuss ADR and state each

10

U

party's position about it. If pertinent, how can the Court help identify the correct neutral and

12 prepare the case for a successful settlement negotiation?

13
14

14. TIMELINE FOR CASE MANAGEMENT: Please recommend dates and limes for
the following:

15
1 The next status conference,
16

17

• A schedule for alternative dispute resolution, if it is relevant,

18

• A filing deadline for the motion for class certification, and

19

• Filing deadlines and descriptions for other anticipated non-discovery motions.

20
21

15. ELECTRONIC SERVICE OF PAPERS: For efficiency the complex program
requires the parties in every new case to use a third-party cloud service. While the parties are free

22
23
24

to choose one of the services shown below, this Court (Department 310) prefers that the parties
select:
• Case Anywhere (http://www.cnseanywlicre.eora);

25
26
27

2

See California Rule of Court, Rule 3.768,

28

.

-4INITIAL STATUS CONFERENCE ORDER

1

The parties are not required to select Case Anywhere, but may chose instead either

2

• File & Serve Xpress (https://secure.fllemidsemxpress.com) or

3

• CaseHomePage (http://www.casehomepage.com).

4

Please agree on one and submit the parties' choice when filing the Joint Initial Status

5 Conference Class Action Response Statement. If there is agreement, pleaae identify the vendor. If
6
parties cannot agree, the Court will select the vendor at the Initial Status Conference. Electronic

7

8
9

service is not the same as electronic filing. Only traditional methods of filing by physical delivery
of original papers or by fax filing are presently acceptable.

10

Reminder When Seeking To Dismiss Or To Obtain Settlement Approval:

11

tt A

dismissal of an entire class action, or of any party or cause of action in a class action,

12 requires Court approval.,. Requests for dismissal must be accompanied by a declaration setting

13
14

forth the facts on which the party relies. The declaration must clearly state whether consideration,
direct or indirect, is being given for the dismissal and must describe the consideration hi detail,113

15
16

If the parties have settled the class action, that too will require judicial approval based on a noticed

17 motion (although it may be possible to shorten time by consent for good cause shown).
Pending further order of this Court, and except as otherwise provided in this Initial Status

18

19 Conference Order, these proceedings are stayed in their entirety. This stay shall preclude the

20 filing of any answer, demurrer, motion to strike, or motions challenging the jurisdiction of the
21

Court. However, any defendant may file a Notice of Appearance for purposes of identification of

22

23
24

counsel and preparation of a service list.. The filing of such a Notice of Appearance shall be
without prejudice to any challenge to the jurisdiction of the Court, substantive or procedural

25 challenges to the Complaint, without prejudice to any affirmative defense, and without prejudice
26

27

3

California Rule of Court, Rule 3.770(a)

28

-5INITIAL STATUS CONFERENCE ORDER

1

2

to the filing of any cross-complaint in this action. This stay is issued to assist the Court and the
panics in managing lilts '"complex" case through the development of an orderly schedule for

3 briefing and hearings on procedural and substantive challenges to the complaint and other issues
4 that may assist in the orderly management of these cases. This stay shall not preclude the parties

5 from informally exchanging doc omenta that may assist in their initial evaluation of the issues

6

presented in this case, however shall stay all outstanding discovery requests.

7
8

9

Plaintiffs counsel is directed to serve a copy of this Initial Status Conference Order on
counsel for all parties, or if counsel lias not been identified, on all parties, within five (5) days of

10 sej-vice of this order. If any defendant lias not been served in this action, service is to be completed
11 within twenty (20) days of the date of this order,
12

Dated; November 20,2013

13
14

15

KENNETH RFfflWI
Judge Kenneth R, Freeman

16
17
18

19
20
21

22
23
24
25

26
27
28
-6-

INITIAL STATUS C0NFJ1REN<X O^PER

SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
DATE; 11/20/13
HONORABLE

DEPT.

KENNETH R. FREEMAN

HONORABLE

JUDGE

R. ARRAIGA

310

DEPUTY CLERK

JUDGEPROTEM

BLBCTRONJC RECORDING MONITOR

#6
C. JONES, C.A,

Deputy Sheriff

BC5 2 $ 6 6 5

NONE

Reporter

Plaintiff
CoumrI

MARK LEWIS
VS
AVID DATING LIFE INC ET AL

NO APPEARANCES

Dakota!
onamt

NATURE OF PROCEEDINGS:
COURT ORDER REGARDING NBWLY FILED CLASS ACTION
By this order, the Court determines this case to
be Complex according to Rule 3.400 of the California
Rules of Court. The Clerk's Office has randomly
assigned this case to this department for all
purposes.
By this order, the Court stays the case, except
for service of the Summons and Complaint. The stay
continues at least until the Initial Status
Conference. Initial Status Conference is set for
March 21, 2014, at 9; 00 a,m.r in this department.
At least 10 days prior to the Initial Status
Conference, counsel for all parties must discuss
the issues set forth in the Initial Status Conference
Order issued this date. The Initial Status Conference
Order is to help the Court and the parties manage this
complex case by developing an orderly schedule ior
briefing, discovery, and court hearings. The p a r t i e s
are informally encouraged to exchange documents and
information as may be useful for case evaluation.
Responsive pleadings shall not be filed until further
Order of the Court. Parties must file a Notice of
Appearance in lieu of an Answer or other responsive
pleading. The filing of a Notice of Appearance shall
not constitute a waiver of any substantive or
procedural challenge to the Complaint. Nothing in this
order stays the time for filing an Affidavit of
Page

1 of

3

DEPT.

310

MINUTES ENTERED
11/20/13
COUNTY CLERK

SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
DATE: 11/20/13

DEFJT.

HONORABLE KENNETH R. FREEMAN

JUDGIJ

R. ARRAIGA

DEPUTY CLERK

JUDGEPRO TEM

HONORABLE

310

ELECTRONIC RECORDING MONITOR

#6
C. JONES, C.A.

Deputy Sheriff

BC526665

NONE

Reporter

PlalmtEr
Counsel

MARK LEWIS
VS
AVID DATING LIFE INC ET AL

NO APPEARANCES
Defendant

Counsel

NATURE OF PROCEEDINGS:
Prejudice pursuant to Code of Civil Procedure section
170,6.
According to Government Code Section 70616
subdivisions (a) and (b), each party shall pay a fee
of $1,000.00 to the Los Angeles Superior Court within
10 calendar days from this date.
The plaintiff must serve a copy of this minute order
on all parties forthwith and file a Proof of Service
in this department within seven days of service.
Counsel are directed to access the following link for
information on procedures in the Complex Litigation
Program courtrooms t
http://courtnet/internet/civll/Ul/
ToolsForLitigatorsS.aspx
CLERK'S CERTIFICATE OF MAILING
I, the below-named Executive Officer/Clerk of the
above-entitled court, do hereby certify that I am
not a party to the cai,ise herein, and that on this
date I served the Minute Order and the Initial Status
Conference Order
upon each party or counsel named below by placing
the document for collection and mailing so as to
cause it to be deposited in the United States mail
Page

2 of

3

DEPT.

310

MINUTES ENTERED
11/20/13
COUNTY CLERK

SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
DATE:

11/20/13

HONORABLU

KENNETH R. FREEMAN

HONORABLE

#6

DEPT.
J(JD0U

R. ARRAIQA

310

DBPUTY CLERK

JUDGE PRO TBM

ELECTRONIC RECORDING MONITOR

.
C. JONES, C.A.

Deputy Slitrif/

BC526665

NONE

Reporter

Plaintiff
Counsel

MARK LEWIS
VS
AVID DATING LIFE INC ET AL

NO APPEARANCES
Defendant
Counsel

NATURE OF I'KOCFJEDINGS:
at the courthouse in Los Angeles,
California, one copy of the original filed/entered
herein in a separate sealed envelope to each address
as shown below with the postage thereon fully prepaid,
in accordance with standard court practices.
Dated; November 20, 2013
Sherri R. Carter, Executive Officer/Clexk
R. ARRAIGA, Deputy Clerk

Morse Mehrbati
LAW OFFICES OF MORSE MEHRBAN, A.P.C
15233 Ventura Boulevard, Suite 1000
Sherman Oaks, CA 91403

Page

3 of

3

DEPT.

310

MINUTES ENTERED
11/20/13
COXJNTY CLERK

1
2
3
4
5

PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
I am employed in the County of Los Angeles, State of California. I am over the
age of 18 and not a party to the within action; my business address is: 2029 Century
Park East, Suite 300, Los Angeles, CA 90067. On January 31, 2014,1 served the
foregoing document!s) described as: NOTICE OF REMOVAL OF ACTION TO
FEDERAL COURT on the interested party(ies) below, using the following means:

6
7

8
9

Morse Mehrban
Julie Mehrban
Law Offices of Morse Mehrban, A.P.C.
15233 Ventura Boulevard, Suite 1000
Sherman Oaks, California 91403

10

11
12
13
14
15
16

IEI BY UNITED STATES MAIL I enclosed the documents in a sealed envelope or
package addressed to the respective address(es) of the party(ies) stated above and placed
the envelope(s) for collection and mailing, following our ordinary business practices. 1
am readily familiar with the firm's practice of collection and processing correspondence
for mailing. On the same day that correspondence is placed for collection and mailing,
it is deposited in the ordinary course of business with the United States Postal Service,
in a sealed envelope with postage fully prepaid at Los Angeles, California.
IEI (FEDERAL) I declare that I am employed in the office of a member of the bar of this
court at whose direction the service was made.
Executed on January 31, 2014 at Los Angeles, California.

17
18

19

20

Laurie Rossi

[Print Name]

[Signature]

21

22
23
24
25
26
27
28

PROOF OF SERVICE

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
NOTICE OF ASSIGNMENT TO UNITED STATES JUDGES

This case has been assigned to District Judge
Magistrate Judge is
MichaclR.Wilner

_~

D..:..(lU~Y....:.;M~.;_;G::...;;e...:..e assigned
_ '
and the

The case number on all documents filed with the Court should read as follows:

2:14-CV-00763-DMG (MRWx)
Pursuant to General Order 05-07 of the United StatesDistrict 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.

Clerk. U. S. District Court
January 31, 2014

:By MDAVIS
Deputy Clerk

Date

NOTICE TO COUNSEL

A copy of this notice must beserved with the summons and complaint on all defendants(if a removal action is
filed. a copy of this notice must be served on all laintiffs).
p
Subsequent documents must be filed.at the foDoWinglocation;

00

WesternDivision
~12 N.

Sp.ring Street. G-8

Los Angeles, CA 90012

o

Southern Division
411 West Fourth St.. Ste 1053
Santa Ana, CA 92701

o

Eastern Dietsfon

3470 Twelfth Street. Room 134Riverside, CA 92501

Failure to file at the proper location will result in your documents being returned to you.
CV-18 (08/13)

NOl'ICJ!.OFASSIG~T

TO UNITEDSTATESJUDGIlS

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
CIVIL COVER SHEET
1. (a) PLAINTIFFS ( Check box if you are representing yourself Q] )

DEFENDANTS

Mark Lewis, Individually and On Behalf of All Others Similarly Situated

( Check box if you are representing yourself Q )

Avid Dating Life Inc., a Canadian corporation; and Avid Life Media Inc., a Canadian
corporation

(b) County of Residence of First Listed Plaintiff

County of Residence of First Listed Defendant

(EXCEPTIN U.S. PLAINTIFF CASES)

(IN U.S. PLAINTIFF CASES ONLY)

(c) Attorneys (Firm Name, Address arid Telephone Number) If you are
representing yourself, provide the same information.

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

Canada

Morse Mahrban; Julie Mehrban; Law Offices of Morse Mehrban, A.P.C.; 15233

Kevin D. Rising; David W. Nelson; Barnes & Thornburg LLP; 2029 Century Park East,

Ventura Blvd., Suite 1000; Sherman Oaks, California 91403; 424-274-1237

Suite 300; Los Angeles, California 90067; 310-284-3880

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.)

Citizen of This State

3. Federal Question (U.S.
Government Not a Party)

2. U.S. Government
Defendant

|x] 4. Diversity (Indicate Citizenship
of Parties in Item III)

PTF
0 1

DEF
• 1

Citizen of Another State

| | 1. U.S. Government
Plaintiff

• 2

• 2

Incorporated and Principal Place
of Business in Another State

• 5

• 3

0 3

Foreign Nation

• 6 • 6

Citizen or Subject of a
Foreign Country

IV. ORIGIN (Place an X in one box only.)

•

1. Original

i—. 2. Removed from

Proceeding

State Court

•

3. Remanded from
Appellate Court

•

4. Reinstated or i—i
Reopened
*—I

V. REQUESTED IN COMPLAINT: JURY DEMAND: • Yes
CLASS ACTION under F.R.Cv.P. 23:

[x]Yes

PTF
DEF
• 4 • 4

Incorporated or Principal Place
of Business in this State

5. Transferred from Another
District (Specify)

I I
—

• 5

6. MultiDistrict
Litigation

(Check "Yes" only if demanded in complaint.)

No

| | No

MONEY DEMANDED IN COMPLAINT: $ over $5,000,000

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.)
Removal under Class Action Fairness Act of 2005,28 U.S.C. sec. 1332(d)(2) and 1453(b).

VII. NATURE OF SUIT (Place an X in one box only).
OTHER STATUTES
I

| 375 False Claims Act

•

400 State
Reapportionment

Q 410 Antitrust

CONTRACT

|

Q

I

| 480 Consumer Credit

• 490 Cable/Sat TV
I—| 850 Securities/Com­
'—' modities/Exchange
r—|

890 Other Statutory
'—' Actions

Q 891 Agricultural Acts

•

893 Environmental
Matters

I—| 895 Freedom of Info.
1—1 Act
] 896 Arbitration
899 Admin. Procedures
I | Act/Review of Appeal of
Agency Decision

| 120 Marine

• 130 Miller Act
140 Negotiable
Instrument
150 Recovery of
Overpayment &
Enforcement of
Judgment

| | 151 Medicare Act
152 Recovery of
| | Defaulted Student
Loan (Excl. Vet.)

FOR OFFICE USE ONLY:
CV-71 (11/13)

245 Tort Product
Liability

:

465 Other
Immigration Actions
TORTS

TORTS

PERSONAL PROPERTY

PERSONAL INJURY

315 Airplane
Product Liability

•

I—| 320 Assault, Libel &
I—I Slander
330 Fed. Employers'
Liability

•

•

385 Property Damage
Product Liability
BANKRUPTCY

j—| 422 Appeal 28

355 Motor Vehicle
Product Liability

rn 190 Other
Contract

n

360 Other Personal
Injury

|

I—| 195 Contract
'—' Product Liability

•

362 Personal InjuryMed Malpratice

| | 442 Employment

365 Personal InjuryProduct Liability

I—| 443 Housing/
'—' Accommodations

•

REAL PROPERTY
|

367 Health Care/
| Pharmaceutical
Personal Injury
Product Liability

368 Asbestos
I I Personal Ihjtigy:
Product Liability

• 862 Black Lung (923)

• 864 SSIDTitle XVI

•

230 Rent Lease &

Other:

SOCIAL SECURITY
n 861 HIA (1395ff)

380 Other Personal
Property Damage

350 Motor Vehicle

Ejectment

| | 535 Death Penalty

| | 840 Trademark

•

[~~|

•

| | 530 General

• 830 Patent

• 863 DIWC/DIWW (405 (g))

I—i 423 Withdrawal 28
U USC157

Q] 210 Land
Condemnation

| | 463 Alien Detainee
I—| 510 Motions to Vacate
'—' Sentence

PROPERTY RIGHTS
I | 820 Copyrights

| | 371 Truth in Lending Q 540 Mandamus/Other

I—I use 158

| | 196 Franchise

Habeas Corpus:

• 370 Other Fraud

I—| 345 Marine Product
'—I Liability

I—| 160 Stockholders'
U Suits

PRISONER PETITIONS

2 310 Airplane

• 340 Marine
153 Recovery of
] Overpayment of
Vet. Benefits

462 Naturalization
Application

• 290 All Other Real
Property

| | 220 Foreclosure
I—| 950 Constitutionality of
'—' State Statutes

IMMIGRATION

• 240 Torts to Land

]] 430 Banks and Banking I—|
I—I
I—i 450 Commerce/ICC
'—' Rates/Etc.
| |
I | 460 Deportation
I—| 470 Racketeer Influ'—' enced & Corrupt Org.

REAL PROPERTY CONT.

| | 110 Insurance

CIVIL RIGHTS
Q 440 Other Civil Rights
| 441 Voting

|

445 American with
| DisabilitiesEmployment

•

446 American with
Disabilities-Other

n 448 Education

| | 550 Civil Rights
|—| 555 Prison Condition
560 Civil Detainee
I I Conditions of
Confinement
FORFEITURE/PENALTY
625 Drug Related
I I Seizure of Property 21
USC 881
| | 690 Other

• 865 RSI (405 (g))
FEDERAL TAX SUITS
870 Taxes (U.S. Plaintiff or
Defendant)
871 IRS-Third Party 26 USC
7609

LABOR

•

710 Fair Labor Standards
Act

|—| 720 Labor/Mgmt.
— Relations
| | 740 Railway Labor Act
I—| 751 Family and Medical
i—I Leave Act
I—| 790 Other Labor
'—' Litigation
I—| 791 Employee Ret, Inc.
Security Act

Case Number:
CIVIL COVER SHEET

Page 1 of 3

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
CIVIL COVER SHEET
VIII. VENUE: Your answers to the questions below will determine the division of the Court to which this case will most likely be initially assigned. This initial assignment
is subject to change, in accordance with the Court's General Orders, upon review by the Court of your Complaint or Notice of Removal.

INITIAL DIVISION IN CACD IS:

STATE CASE WAS PENDING IN THE COUNTY OF:

Question A: Was this case removed from
state court?
fx]

Yes

[3

Western

[x] Los Angeles

No

If "no," go to Question B. If "yes," check the

Western

] Ventura, Santa Barbara, or San Luis Obispo

box to the right that applies, enter the

Southern

H Orange

corresponding division in response to
Question D, below, and skip to Section IX.

Eastern

] Riverside or San Bernardino

Question B: Is the United States, or one of

If the Unltecl States, or one of its agencies or employees, Is a party, is lb

its agencies or employees, a party to this
INITIAL j
DIVISION (N

1
A PLAINTIFF?

A DEFENDANT?

Then check the box belowlor tho county III
which Ihe majority of DEFENDANTS reiiiie.

Then check the ban below lot ills county in
which thtfm.ijoiily of PLA|!*mnF5 reside.

action?
| |

Yes

[x]

CACDIS:"

No

If "no," go to Question C. If "yes," check the
box to the right that applies, enter the

1—| Ventura, Santa Barbara, or San Luis

1—| Ventura, Santa Barbara, or San Luis
L-' Obispo

corresponding division in response to
Question D, below, and skip to Section IX.

] Riverside or San Bernardino

Indicate the location in which a
majority of plaintiffs reside:
Indicate the location in which a
majority of defendants reside:

•

Indicate the location in which a
majority of claims arose:

0

m Mu

Eastern
Western

• Other

| | Other

A.

Southern

I | Orange

] Orange

Los Angeies
County

Western

f-J1 Obispo

] Riverside or San Bernardino

Question C: Location of
plaintiffs, defendants, and claims?
(Make only one selection per row)

Western

~2 Los Angeles

| | Los Angeles

E.

8.
Ventura, Santa Biirbara, or
San Luis Obispo Counties

Orange Cotihty

•
•
•

•
•
•

5: ii V &

m

Riverside or San
Bernardino Counties

Outside the Central
District of California

•
•
•

•

•
•
•

•

m
m
m i h mm

i

C.1. Is either of the following true? If so, check the one that applies:

C.2. Is either of the following true? If so, check the one that applies:
|

]] 2 or more answers in Column C

| 2 or more answers in Column D

| only 1 answer in Column C and no answers in Column D

only 1 answer in Column D and no answers in Column C

Your case will initially be assigned to the
SOUTHERN DIVISION.
Enter "Southern" in response to Question D, below.

|

°*ii

Your case will initially be assigned to the
EASTERN DIVISION.
Enter "Eastern" in response to Question D, below.
If none applies, go to the box below. ^

If none applies, answer question C2 to the right.
Your case will initially be assigned to the
WESTERN DIVISION.

Enter "Western" in response to Question D below.

INITIAL DIVISION IN CACD

Question D: Initial Division?
Enter the initial division determined by Question A, B, or C above:

CV-71 (11/13)

Western

CIVIL COVER SHEET

Page 2 of 3

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
CIVIL COVER SHEET
IX(a). IDENTICAL CASES: Has this action been previously filed in this court and dismissed, remanded or closed?

[x] NO

Q YES

[x] NO

Q YES

If yes, list case number(s):

IX(b). RELATED CASES: Have any cases been previously filed in this court that are related to the present case?
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)

|—|

A

Arjse

^ samg Qr c|ose|y related transactions, happenings, or events; or

B. Call for determination of the same or substantially related or similar questions of law and fact; or
|

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

|

| D. Involve the same patent, trademark or copyright, and one of the factors identified above in a, b or c also is present.

X. SIGNATURE OF ATTORNEY
(OR SELF-REPRESENTED LITIGANT):

^—~~~

____

—^

DATE:

January 31, 2014

Notice (o Counsel/Partfes: The CV-71 (J5-44) Civil Cover Sheet and the Information contained herein neither replace nor supplement the filing and service of pleadings or
other papers as required by law. This fcirrh, approved by the Judicial Conferenceof T-he United St.at£s.fn September 197^, is t'-')uirec! pursuant to Local R'jtf? 3?1 Is not filed
but is uied by the Clerk of t he Court [or the purpose of statistics, venue and initiating the civil docket sheet. [For more detailed instructions, see sepatate instructions sheet).
Key to Statistical codes relating to Social Security Cases:
Nature of Suit Code

Abbreviation

Substantive Statement of Cause of Action
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))

861

HIA

862

BL

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 U.S.C. 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))

864

SSID

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

865

RSI

CV-71 (11/13)

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)

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 3 of 3

PROOF OF SERVICE

1

2
3
4
5

STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
I am employed in the County of Los Angeles, State of California. I am over the
age of 18 and not a party to the within action; my business address is: 2029 Century
Park East, Suite 300, Los Angeles, CA 90067. On January 3 L 2014, 1 served the
foregoing document(s) described as: CIVIL COVER SHEET the interested party(ies)
below, using the following means:

6
7

8
9

Morse Mehrban
Julie Mehrban
Law Offices of Morse Mehrban, A.P.C.
15233 Ventura Boulevard, Suite 1000
Sherman Oaks, California 91403

10
11
12
13
14
15
16

E3 BY UNITED STATES MAIL I enclosed the documents in a sealed envelope or
package addressed to the respective address(es) of the party(ies) stated above and placed
the envelope(s) for collection and mailing, following our ordinary business practices. I
am readily familiar with the firm's practice of collection and processing correspondence
for mailing. On the same day that correspondence is placed for collection and mailing,
it is deposited in the ordinary course of business with the United States Postal Service,
in a sealed envelope with postage fully prepaid at Los Angeles, California.
E] (FEDERAL) I declare that I am employed in the office of a member of the bar of this
court at whose direction the service was made.
Executed on January 31, 2014 at Los Angeles, California.

17
18

19

20

Laurie Rossi
[Print Name]

21

22
23
24
25
26
27
28

PROOF OF SERVICE