Clayborn et al v. Twitter, Inc. et al

Filing 1

COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 0971-11920037.). Filed byThe Estate of Tin Nguyen, Kim Clayborn, Trung Do, James Thalasinos, The Estate of Sierra Clayborn, Jacob Thalasinos, Gregory Clayborn, Tamishia Clayborn, Vanessa Nguyen. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Civil Cover Sheet)(Altman, Keith) (Filed on 12/1/2017)

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JS-CAND 44 (Rev. 06/17) CIVIL COVER SHEET The JS-CAND 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, except as provided by local rules of court. This form, approved in its original form by the Judicial Conference of the United States in September 1974, is required for the Clerk of Court to initiate the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.) I. (a) PLAINTIFFS Gregory Clayborn, individually and as Successor -in-Interest of the Estate of Sierra Clayborn, et al. DEFENDANTS Twitter, Inc., Google, Inc., and Facebook, Inc. (b) County of Residence of First Listed Plaintiff Los Angeles County of Residence of First Listed Defendant NOTE: (c) San Francisco County (IN U.S. PLAINTIFF CASES ONLY) (EXCEPT IN U.S. PLAINTIFF CASES) IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. Attorneys (If Known) Attorneys (Firm Name, Address, and Telephone Number) Excolo Law, PLLC Keith Altman (SBN 257309) 26700 Lahser Rd, Suite 401, Southfield, MI 48033 (516) 456-5885 II. BASIS OF JURISDICTION (Place an “X” in One Box Only) 1 U.S. Government Plaintiff 3 2 U.S. Government Defendant 4 IV. NATURE OF SUIT CONTRACT 110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment Of Veteran’s Benefits 151 Medicare Act 152 Recovery of Defaulted Student Loans (Excludes Veterans) 153 Recovery of Overpayment of Veteran’s Benefits 160 Stockholders’ Suits 190 Other Contract 195 Contract Product Liability 196 Franchise REAL PROPERTY 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property V. 1 VI. III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff (For Diversity Cases Only) Federal Question (U.S. Government Not a Party) PTF 1 Citizen of This State DEF 1 Citizen of Another State 2 2 Citizen or Subject of a Foreign Country Diversity (Indicate Citizenship of Parties in Item III) 3 3 and One Box for Defendant) PTF 4 Incorporated or Principal Place of Business In This State Incorporated and Principal Place 5 of Business In Another State Foreign Nation 6 DEF 4 5 6 (Place an “X” in One Box Only) TORTS PERSONAL INJURY 310 Airplane 315 Airplane Product Liability 320 Assault, Libel & Slander 330 Federal Employers’ Liability 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury 362 Personal Injury -Medical Malpractice PERSONAL INJURY 365 Personal Injury – Product Liability 367 Health Care/ Pharmaceutical Personal Injury Product Liability 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY 370 Other Fraud 371 Truth in Lending 380 Other Personal Property Damage 385 Property Damage Product Liability PRISONER PETITIONS CIVIL RIGHTS 440 Other Civil Rights 441 Voting 442 Employment 443 Housing/ Accommodations 445 Amer. w/Disabilities– Employment 446 Amer. w/Disabilities–Other 448 Education HABEAS CORPUS 463 Alien Detainee 510 Motions to Vacate Sentence 530 General 535 Death Penalty FORFEITURE/PENALTY 625 Drug Related Seizure of Property 21 USC § 881 690 Other BANKRUPTCY 422 Appeal 28 USC § 158 423 Withdrawal 28 USC § 157 LABOR PROPERTY RIGHTS 710 Fair Labor Standards Act 720 Labor/Management Relations 740 Railway Labor Act 751 Family and Medical Leave Act 790 Other Labor Litigation 791 Employee Retirement Income Security Act 820 Copyrights 830 Patent 835 Patent─Abbreviated New Drug Application 840 Trademark SOCIAL SECURITY 861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g)) IMMIGRATION 462 Naturalization Application 465 Other Immigration Actions FEDERAL TAX SUITS 870 Taxes (U.S. Plaintiff or Defendant) 871 IRS–Third Party 26 USC § 7609 OTHER 540 Mandamus & Other 550 Civil Rights 555 Prison Condition 560 Civil Detainee– Conditions of Confinement OTHER STATUTES 375 False Claims Act 376 Qui Tam (31 USC § 3729(a)) 400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 Racketeer Influenced & Corrupt Organizations 480 Consumer Credit 490 Cable/Sat TV 850 Securities/Commodities/ Exchange 890 Other Statutory Actions 891 Agricultural Acts 893 Environmental Matters 895 Freedom of Information Act 896 Arbitration 899 Administrative Procedure Act/Review or Appeal of Agency Decision 950 Constitutionality of State Statutes ORIGIN (Place an “X” in One Box Only) Original Proceeding CAUSE OF ACTION 2 Removed from State Court 3 Remanded from Appellate Court 4 Reinstated or Reopened 5 Transferred from Another District (specify) 6 Multidistrict Litigation–Transfer 8 Multidistrict Litigation–Direct File Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): 18 U.S.C. § 2333 and 18 U.S.C. § 2334 Brief description of cause: Defendants have violated and continue to violate the Anti-Terrorism Act VII. REQUESTED IN COMPLAINT: CHECK IF THIS IS A CLASS ACTION UNDER RULE 23, Fed. R. Civ. P. VIII. RELATED CASE(S), IF ANY (See instructions): IX. DEMAND $ DATE 12/01/2017 CHECK YES only if demanded in complaint: JURY DEMAND: No X Yes JUDGE Chief Mag. Judge Joseph C. Spero DOCKET NUMBER DIVISIONAL ASSIGNMENT (Civil Local Rule 3-2) SAN FRANCISCO/OAKLAND (Place an “X” in One Box Only) TBD 17-cv-00230-JCS SAN JOSE SIGNATURE OF ATTORNEY OF RECORD EUREKA-MCKINLEYVILLE /S/ Keith Altman

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