Carreon v. Inman et al
Filing
20
Ex Parte Application For Temporary Restraining Order and Order to Shaw Cause Re Preliminary Injunction filed by Charles Carreon. (Attachments: # 1 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION, # 2 Declaration OF CHARLES CARREON IN SUPPORT OF EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION, # 3 Exhibit (S) A - K TO THE DECLARATION OF CHARLES CARREON IN SUPPORT OF EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION, # 4 Proposed Order EX PARTE TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUCNTION)(Carreon, Charles) (Filed on 6/30/2012)
Exhibit A
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As seen in:
·ei'IC!@IN¢r.
Moneyoom
Mashable
OPBS
Exhibit B
Page 1 of Exhibit B
Page 2 of Exhibit B
Page 3 of Exhibit B
Page 4 of Exhibit B
Exhibit C
Gmail - Your contribution to 'BearLove Good. Cancer Bad.'
Page 1 of 1
Charles Carreon< private
>
Your contribution to 'BearLove Good. Cancer Bad.'
1 message
Indiegogo (no reply)< noreply@indiegogo.com>
Reply-To: noreply@indiegogo.com
To:private
Thu, Jun 14, 2012 at 9:23 PM
Your contribution to 'BearLove Good. Cancer Bad.'
Thank you for your contribution to BearLove Good. Cancer Bad.
Please keep this message as your confirmation.
Contribution Amount: $10
Perk: (No Perk was selected)
Appearance: Anonymous Contribution - Your identity will not be revealed publicly
Payment Method: Credit or Debit Card
Need to add more information about your contribution, or ask about your perk? Send
a comment email to the campaign owner.
Encourage others to support this campaign! Go to the campaign page and leave a
comment or share the campaign with friends.
Browse more amazing entrepreneurial, creative and cause-related campaigns at
http://www.indiegogo.com/.
Questions? Check out our Contributor Happiness page.
Cheers,
The Indiegogo Team
Not finding what you need? Visit our Help Center.
https://mail.google.com/mail/u/0/?ui=2&ik=fad1424fbb&view=pt&search=inbox&th=137... 6/14/2012
Exhibit D
Exhibit E
Gmail - Indiegogo.com and Matthew Inman / "Bear Love"
Page 1 of 1
Charles Carreon< chascarreon@gmail.com>
Indiegogo.com and Matthew Inman / "Bear Love"
1 message
Charles Carreon, Esq. < chascarreon@gmail.com>
To: david.sampson@cancer.org
Thu, Jun 14, 2012 at 5:15 PM
Dear Mr. Sampson
This letter follows up on my telephone call yesterday, in which you agreed to be my contact with the
American Cancer Society (ACS), and restates the inquiries I made, as follows:
1. Is ACS aware of the "Bear Love Good" fundraising campaign being operated at this link on the
IndieGogo.com website? http://www.indiegogo.com/bearlovegood
2. Has ACS authorized the use of its trademark, USPTO Reg. #1615654 in connection with this
campaign?
3. Does IndieGogo.com or Mr. Inman have the required written contract with NWF required
by Cal. Govt. Code Sec. 12599(i)?
4. Does ACS approve of the solicitation of charitable contributions in conjunction with references to
bestiality, such as the Bear Love Good campaign is using? (The campaign specifically accuses
either my mother or that of my client of "seducing a Kodiak bear" and providing a misogynistic
cartoon to illustrate this activity, and as a result, I have received many hate emails threatening me
with bear attacks, rape by a bear, and further lewd solicitations concerning my mother, who, thank
heavens, has been deceased for many years.)
I look forward to your promptest possible response. Under Cal. Gov. B & P Code Sec. 17510.8, all
amounts raised for charitable purposes by Mr. Inman and IndieGogo.com are subject to a charitable trust.
Currently, Mr. Inman has committed to pay only $10,000 to the ACS. I believe the ACS is entitled to half of
the money that has been raised, currently $166,169 (see attached screencapture). Please advise as to
ACS's position on asserting a claim to these funds and what legal action the ACS intends to take in that
regard.
I respectfully request that this inquiry be forwarded to legal counsel for ACS and kept in confidence and not
disclosed to IndieGogo.com or Mr. Inman, in order to protect the rights of the public and ACS.
-Charles Carreon, Esq.
2165 S. Avenida Planeta
Tucson, AZ 85710
Tel 1: 520-841-0835
Tel 2: 520-762-7314
Fax: 520-843-2083
This message may contain attorney-client and/or attorney work-product privileged material. If you are not
the intended recipient, please first notify the sender and then delete the message and any attachment.
Inadvertent disclosures shall not work a waiver of any privilege.
6-14-2012 5-10-26 PM.BearLove.Screencap.pdf
329K
https://mail.google.com/mail/u/0/?ui=2&ik=fad1424fbb&view=pt&q=david.sampson%40c... 6/18/2012
Exhibit F
Gmail - Indiegogo.com and Matthey Inman / "Bear Love" Campaign
Page 1 of 1
Charles Carreon< chascarreon@gmail.com>
Indiegogo.com and Matthey Inman / "Bear Love" Campaign
1 message
Charles Carreon, Esq. < chascarreon@gmail.com>
To: mcintoshb@nwf.org
Thu, Jun 14, 2012 at 2:37 PM
Dear Ms. McIntosh:
This letter follows up on my voicemail of a few moments ago, and restates the inquiries I made, as follows:
1. Is the National Wildlife Federation aware of the "Bear Love Good" fundraising campaign being
operated at this link on the IndieGogo.com website? http://www.indiegogo.com/bearlovegood
2. Has the NWF authorized the use of its trademark, USPTO Reg. # 3805508 in connection with this
campaign?
3. Does IndieGogo.com or Mr. Inman have the required written contract with NWF required by
Cal. Govt. Code Sec. 12599(i)?
4. Does the NWF approve of the solicitation of charitable contributions in conjunction with references to
bestiality, such as the Bear Love Good campaign is using? (The campaign specifically accuses
either my mother or that of my client of "seducing a Kodiak bear" and providing a misogynistic
cartoon to illustrate this activity, and as a result, I have received many hate emails threatening me
with bear attacks, rape by a bear, and further lewd solicitations concerning my mother, who, thank
heavens, has been deceased for many years.)
I look forward to your promptest possible response. Under Cal. Gov. B & P Code Sec. 17510.8, all
amounts raised for charitable purposes by Mr. Inman and IndieGogo.com are subject to a charitable trust.
Currently, Mr. Inman has committed to pay only $10,000 to the NWF. I believe the NWF is entitled to half
of the money that has been raised, currently $165,269. Please advise as to the NWF's position on
asserting a claim to these funds and what legal action the NWF intends to take in that regard.
I respectfully request that this inquiry be kept in confidence and not disclosed to IndieGogo.com or Mr.
Inman, in order to protect the rights of the public and the NWF.
Very truly yours,
Charles Carreon, Esq.
2165 S. Avenida Planeta
Tucson, AZ 85710
Tel 1: 520-841-0835
Tel 2: 520-762-7314
Fax: 520-843-2083
This message may contain attorney-client and/or attorney work-product privileged material. If you are not
the intended recipient, please first notify the sender and then delete the message and any attachment.
Inadvertent disclosures shall not work a waiver of any privilege.
https://mail.google.com/mail/u/0/?ui=2&ik=fad1424fbb&view=pt&q=mcintoshb%40nwf....
6/18/2012
Exhibit G
Exhibit H
Exhibit I
Charles Carreon, Attorney at Law
2165 S. Avenida Planeta
Tucson, Arizona 85710
chas@charlescarreon.com
Telephone: 52
0-841-0835
Fax:
520-843-2083
June 26, 2012
Email: copyright@indiegogo.com
Via Fax: 866‐641‐4646
Attn: Danae Ringelmann
Company: Indiegogo, Inc.
Address: 301 8th Street, Suite 225
San Francisco, CA 94103
Re: Settlement Proposal / Carreon v. Inman, Case No. CV 12‐03112 EMC
Dear Ms. Ringelmann:
This follows up on a voicemail to you at 12:39 and 12:49 p.m. today, which was
however truncated twice by the Indiegogo system, so you may not hear all I
attempted to say on those voicemails. My purpose was to provide you with this
notice.
Notice is hereby provided that pursuant to Local Rule 65‐1 and F.R.Civ.P. 65,
Plaintiff will move the Court for a Temporary Restraining Order andOrder to
Show Cause Regarding Preliminary Injunction to enjoin defendant
Indiegogo,Inc. pending trial of this action from transferringthe proceeds of the
Bear Love campaign in the amount of not less than $220,014 (the“Charitable
Fund”), or any amount at all, to Matthew Inman, andrequiring that the
Charitable Fund be held as segregated funds by Indiegogopending further of the
Court for distribution of the Charitable Fund to the designated beneficiaries
ofthe Bear Love campaign, to wit, defendants, the American Cancer Society and
theNational Wildlife Federation.
If Indiegogo is willing to stipulate to this proposed Temporary Restraining
Order, either before or after Plaintiff files his application, please advise, and I will
draft a proposed stipulation to effectuate any agreement we can reach.
Please forward this notice to your legal counsel, so that I can arrange to email,
fax, or by some other expeditious means deliver the ex parte papers to Indiegogo
Charles Carreon, Esq.
Page 2
and its counsel. Please feel free to have your attorney contact me directly at 520‐
841‐0835.
Thank you for your attention to this matter.
Very truly yours,
Charles Carreon
cc:
Dep. Attorney General Joseph Zimring at fax 213‐897‐7605
Joseph.Zimring@doj.ca.gov
6/26/2012
Gmail - Successful transmission to 12138977605. Re: Carreon v. Inman / Notice of Ex Pa... Page 1 of 2
Charles Carreon< chascarreon@gmail.com>
Successful transmission to 12138977605. Re: Carreon v. Inman / Notice of
Ex Parte TRO
1 message
send@mail.efax.com< send@mail.efax.com>
To: chas@charlescarreon.com
Tue, Jun 26, 2012 at 1:13 PM
Dear Charles Carreon,
Re: Carreon v. Inman / Notice of Ex Parte TRO
The 3 page fax you sent through eFax.com to 12138977605 was
successfully transmitted at 2012-06-26 20:13:00 (GMT).
The length of transmission was 94 seconds.
The receiving machine's fax ID: 2138977605.
Best Regards,
If you need additional assistance, please visit our online help
center at http://www.efax.com/help/. Thank you for using the
eFax service.
eFax.com
Customer Service
Online Help: http://www.efax.com/help/
Tel: 323-817-3205 (US) or 0870 711 2211 (UK)
Email: help@mail.efax.com
https://mail.google.com/mail/u/0/?ui=2&ik=fad1424fbb&view=pt&cat=eFax&search=cat...
6/26/2012
Charles Carreon, Attorney at Law
2165 S. Avenida Planeta
Tucson, Arizona 85710
chas@charlescarreon.com
Telephone: 52
0-841-0835
Fax:
520-843-2083
June 26, 2012
Via Fax: 404‐417‐5808
Laurisa Curran, Senior Counsel
American Cancer Society, Inc.
250 Williams Street NW
Atlanta, GA30303
Re: Carreon v. Inman, Case No. CV 12‐03112 EMC
Dear Ms. Curran:
This letter follows up on an email that Mr. David Sampson, the American Cancer
Society’s west coast media head asked me to forward to you.
Notice is hereby provided to the National Wildlife Federation and the American
Cancer Society, that pursuant to Local Rule 65‐1 and F.R.Civ.P. 65,Plaintiff will
move the Court for a Temporary Restraining Order and Order toShow Cause
Regarding Preliminary Injunction (TRO) to enjoin defendant
Indiegogo,Inc.pending trial of this action from transferringthe proceeds of the
Bear Love campaign in the amount of not less than $220,014 (the“Charitable
Fund”), or any amount at all, to Matthew Inman, and requiring that the
Charitable Fund be heldas segregated funds by Indiegogo pending further of the
Court for distribution of the Charitable Fund to the designated beneficiaries of
the Bear Love campaign, to wit, defendants, the American Cancer Society (ACS)
and the National Wildlife Federation (NWF).
The proposed TRO will not seek the imposition of any relief adverse to the ACS,
and is being filed solely to secure moneys in the Bear Love campaign for the
benefit of ACS and NWF as the identified beneficiaries of the Bear Love
campaign. Accordingly, please advise at your earliest possible opportunity if I
may inform the Court of the ACSʹs position on the TRO.
ACS was served with the Summons and Complaint on at the offices of its Agent
for Service of Process in Los Angeles, California shortly after the action was
commenced. Since that date, there have been two filing developments. The case
was reassigned to the Hon. Edward M. Chen, and Plaintiff filed a First Amended
Charles Carreon, Esq.
Page 2
Complaint. These documents were attached to my prior email, and are not
resent via fax in order avoid a waste of fax paper (the First Amdended
Complaint is quite lengthy).
Pease feel free to contact me directly at 520‐841‐0835.
I left a voicemail for at the number Mr. Sampson provided for your Atlanta
office, 404.329.5762, and another for Sharonda Rich at 404‐417‐5968.
Thank you for your attention to this matter.
Very truly yours,
Charles Carreon
cc:
Dep. Attorney General Joseph Zimring at fax 213‐897‐7605
Joseph.Zimring@doj.ca.gov
6/26/2012
Gmail - Successful transmission to 14044175808. Re: Carreon v. Inman, Case No. CV 12... Page 1 of 2
Charles Carreon< chascarreon@gmail.com>
Successful transmission to 14044175808. Re: Carreon v. Inman, Case No.
CV 12-03112 EMC
1 message
send@mail.efax.com< send@mail.efax.com>
To: chas@charlescarreon.com
Tue, Jun 26, 2012 at 3:07 PM
Dear Charles Carreon,
Re: Carreon v. Inman, Case No. CV 12-03112 EMC
The 3 page fax you sent through eFax.com to 14044175808 was
successfully transmitted at 2012-06-26 22:07:33 (GMT).
The length of transmission was 95 seconds.
The receiving machine's fax ID: 404 417 8013.
Best Regards,
If you need additional assistance, please visit our online help
center at http://www.efax.com/help/. Thank you for using the
eFax service.
eFax.com
Customer Service
Online Help: http://www.efax.com/help/
Tel: 323-817-3205 (US) or 0870 711 2211 (UK)
Email: help@mail.efax.com
https://mail.google.com/mail/u/0/?ui=2&ik=fad1424fbb&view=pt&search=inbox&th=138... 6/26/2012
Gmail - Successful transmission to 12138977605. Re: Carreon v. Inman, Case No. CV 12... Page 1 of 2
Charles Carreon< chascarreon@gmail.com>
Successful transmission to 12138977605. Re: Carreon v. Inman, Case No.
CV 12-03112 EMC
1 message
send@mail.efax.com< send@mail.efax.com>
To: chas@charlescarreon.com
Tue, Jun 26, 2012 at 3:07 PM
Dear Charles Carreon,
Re: Carreon v. Inman, Case No. CV 12-03112 EMC
The 3 page fax you sent through eFax.com to 12138977605 was
successfully transmitted at 2012-06-26 22:07:33 (GMT).
The length of transmission was 95 seconds.
The receiving machine's fax ID: 2138977605.
Best Regards,
If you need additional assistance, please visit our online help
center at http://www.efax.com/help/. Thank you for using the
eFax service.
eFax.com
Customer Service
Online Help: http://www.efax.com/help/
Tel: 323-817-3205 (US) or 0870 711 2211 (UK)
Email: help@mail.efax.com
https://mail.google.com/mail/u/0/?ui=2&ik=fad1424fbb&view=pt&search=inbox&th=138... 6/26/2012
Gmail - Successful transmission to 12138977605. Re: Carreon v. Inman / Letter to Indieg... Page 1 of 2
Charles Carreon< chascarreon@gmail.com>
Successful transmission to 12138977605. Re: Carreon v. Inman / Letter to
Indiegogo Lawyers
1 message
send@mail.efax.com< send@mail.efax.com>
To: chas@charlescarreon.com
Tue, Jun 26, 2012 at 5:26 PM
Dear Charles Carreon,
Re: Carreon v. Inman / Letter to Indiegogo Lawyers
The 4 page fax you sent through eFax.com to 12138977605 was
successfully transmitted at 2012-06-27 00:26:41 (GMT).
The length of transmission was 129 seconds.
The receiving machine's fax ID: 2138977605.
Best Regards,
If you need additional assistance, please visit our online help
center at http://www.efax.com/help/. Thank you for using the
eFax service.
eFax.com
Customer Service
Online Help: http://www.efax.com/help/
Tel: 323-817-3205 (US) or 0870 711 2211 (UK)
Email: help@mail.efax.com
https://mail.google.com/mail/u/0/?ui=2&ik=fad1424fbb&view=pt&cat=eFax&search=cat...
6/26/2012
Exhibit J
Charles Carreon, Attorney at Law
2165 S. Avenida Planeta
Tucson, Arizona 85710
chas@charlescarreon.com
Telephone: 52
0-841-0835
Fax:
520-843-2083
June 26, 2012
Via Email:
rtangri@durietangri.com
mlemley@durietangri.com
enovikov@durietangri.com
Ragesh Tangri
Mark Lemley
Eugene Novikov
Durie Tangri
217 Leidesdorff Street
San Francisco, CA 94111
Re: Carreon v. Inman and Indiego, Case No. CV 12‐03112 EMC
Dear Counsel:
This letter follows up on our conversation today in which you all were present
on the speakerphone. Thank you for the opportunity to present a proposal for a
stipulated resolution of the pending matter.
First, this will provide written notice that pursuant to Local Rule 65‐1 and
F.R.Civ.P. 65, Plaintiff will move the Court in the above‐named and numbered
action for a Temporary Restraining Order and Order to Show Cause Regarding
Preliminary Injunction (TRO) to enjoin defendant Indiegogo,Inc. (“Indiegogo”)
pending trial of this action from transferring the proceeds of the Bear Love
campaign in the amount of not less than $220,014 (the“Charitable Fund”), or any
amount at all, to Matthew Inman, and requiring that the Charitable Fund be held
as segregated funds by Indiegogo pending further order of the Court, for
distribution of the Charitable Fund to the designated beneficiaries of the Bear
Love campaign, to wit, defendants, the American Cancer Society (ACS) and the
National Wildlife Federation (NWF).
The proposed TRO will not seek the imposition of any relief adverse to
Indiegogo, ACS, or NWF, and is being filed solely to secure moneys in the Bear
Love campaign for the benefit of ACS and NWF as the identified beneficiaries of
the Bear Love campaign.
Charles Carreon, Esq.
Page 2
Indiegogo was served with the Summons and Complaint on at the offices of its
Agent for Service of Process in Los Angeles, California shortly after the action
was commenced. Since that date, there have been two filing developments. The
case was reassigned to the Hon. Edward M. Chen, and Plaintiff filed a First
Amended Complaint (“FAC”). These documents are transmitted herewith.
Second, as I proposed in our telephone conversation, Plaintiff is willing to resolve
this entire matter by stipulation that will accomplish the stated purposes of the
Bear Love campaign as defined by Mr. Inman, except as follows:
No portion of the Charitable Fund shall be disbursed to Mr. Inman.
The entire Charitable Fund will be disbursed 50/50 to ACS and NWF.
Third, I am attempting to work with ACS and NWF to assure that all of the
14,406 Bear Love campaign donors will receive receipts for their tax‐deductible
donations, which they of course would not receive if the money were disbursed
to Mr. Inman. As I explained, based upon my non‐specialist knowledge of tax
law, if Mr. Inman were to receive the Charitable Fund and donate the funds to
ACS and NWF, Mr. Inman, rather than the Bear Love campaign donors, would
receive the tax deduction, a form of unjust enrichment that would inure to his
benefit and to their detriment.
Fourth, if the matter can be resolved by stipulation, Plaintiff will waive: (a) his
argument that Indiegogo is not entitled to receive the $8,800.56, i.e., four percent
(4%) of the Charitable Fund because it is not a registered charitable fundraiser, as
alleged in ¶ 60 of the FAC; (b) his prayer for relief seeking an injunction to
restrain Indiegogo to “halt all ongoing campaigns on the Indiegogo site currently
operating in violation of California law and hold all funds in charitable trust
until Indiegogo registers with the California Attorney General as a charitable
fundraiser and in all other ways complies with California law regulating
charitable fundraising;” and, (c) his claim for an attorney’s fee as a public
attorney general.
As agreed, as soon as the Ex Parte Application is filed, I will email it to all three
of you. I look forward to discussing this matter further in an effort to draft a
stipulation that will resolve this matter without a need to invoke an adjudicatory
process. Please contact me directly at 520‐841‐0835.
Thank you for your attention to this matter.
Very truly yours,
Charles Carreon
6/26/2012
Charles Carreon, Esq.
cc:
Page 3
Dep. Attorney General Joseph Zimring at fax 213‐897‐7605
Joseph.Zimring@doj.ca.gov
6/26/2012
Exhibit K
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