craigslist, Inc. v. Troopal Strategies, Inc. et al

Filing 1

COMPLAINT /issued summons against Ryan Addams, Suzanne Demere-Murphy, Joshua McClure, TOM Games, Inc., Timothy Taylor, Troopal Strategies, Inc. ( Filing fee $ 350, receipt number 34611037441.). Filed bycraigslist, Inc.. (Attachments: # 1 Civil Cover Sheet)(ga, COURT STAFF) (Filed on 10/5/2009)

CIVIL COVER SHEET
r replace nor supplement the filing and service of pleadings or other papers as required
ytheJudicial Conference of the United States in September 1974, is required for the use

<„...,«».,

SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

of the Clerk of Court for the purpose of initie

.

DEFENDANTS

I. (a) PLAINTIFFS

Troopal Strategies, Inc., a Panama corporation; TOM Games,
Inc., a Texas corporation; Joshua McCIure, Suzanne Demere-

craigslist, Inc., a Delaware corporation,

Murphy, Timothy Taylor, Ryan Addams, individuals; and
Does 2 through 25, inclusive,

(b) County of Residence of First Listed plaintiff

County of Residence of First Listed Oefendanl

San FranClSCO

(IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES. USE THE LOCATION OF THE

(EXCEPT IN U.S. PLAINTIFF CASES)

OF LAND INVOLVED.

(C)

Attorneys (If Known)

Attorney's (Finn Name. Address, and Telephone Number)

Brian P. Hennessy, SBN 226721
Perkins Coie LLP
101 Jefferson Dr.
Menlo Park, CA 94025-1114
650-838-4300

_

II. BASIS OF JURISDICTION
I 1 U.S. Government
Plaintiff

|

I

(U.S. Government Nol a Party)

PTF

Citizen of This Stale

| 4 Diversity

LZ) 1

and One Box for Defendant)

DEF

CID 1

Incorporated or Principal Place
of Business In This Stale

PTF

DEF

□4 □4

Citizen of Another Slate

□ 2 III) 2

Incorporated and Principal Place

□ 5 □5

Citizen or Subject of a

(Indicate Citizenship of Parties
in Item III)

Defendant

(Place an -X- in One Bo* (or Plaintiff

(For Diversity Cases Only)

(jO 3 Federal Question

| 2 U.S. Government

I

III. CITIZENSHIP OF PRINCIPAL PARTIES

(Place an "X-in One Box Only)

□ 3 □ 3

Foreign Nation

□ 6 □6

of Business In Another State

Foreign Country

IV. NATURE OF SUIT (Place an "X" in One Box Only)

L"
[

I

I

]iM MfflorAcI

i

1140 Negotiable Instrument

j

1150 Recovery of Overpayment

!

1151 Medicare Act

I

1152 Recovery of Dolaulted

I 310 Airplane

|

CD 120 Marine

| 315 Airplane Product
Liability

1

1 320 Assault. Libol &

j

I

of Veteran's Benefits

Liability

1190 Other Contract

|

1195 Contract Product Liability

L

1196 Franchise

I

1360 Other Personal Injury I

|

J 368 Asbestos Personal

CIVIL RIGHTS

REAL PROPERTY
1

1441 Voting

LJ442 Employment

]210 Land Condemnation
1230 Rent Lease & Ejectment

C7]245 Tort Product Liability
[~ 1290 All Other Real Property

Property Damage

CU 710 Fair Labor

PRISONER PETITIONS I
I
I 510 Motion to Vacate I

530 General
535 Death Penalty

540 Mandamus &

Employment

1446 Amor. w/DisabililiesOther

LJ440 Other Civil Rights

2 Removed from
State Court

PROPERTY RIGHTS

j 450 Commerce

] 4£g o^poitation

I

] 470 Racketeer Influenced and

fX] «20 Copyrights

Corrupt Organizations

~Z\ 480 Consumer Credit

dl 830 Patent
[

490 Cable/Sal TV

| 840 Trademark

I

1810 Selective Service
850 Securities/Commodities/

SOCIAL SECURITY

I

Exchange

I 861 HIA (1395ff)

1875 Customer Challenge

(~) 862 Black Lung (923)

C_l 863 OIWC/DIWW

Standards Act

1730 Labor/Mgml.

12 USC 3410

| 890 Other Statutory Actions

]"""]891 Agricultural Acts

I 892 Economic Stabilization

Cm 86* SSID Title XVI
CmB65RSI(405(g))

Reporting &

1740 Railway Labor Act
1790 Other Labor Litigation
791 Empl. Rol. Inc.

Other

Act

893 Environmental Matters

FEDERAL TAX SUITS

Disclosure Act

I
I

~~n 410 Antitrust
| 430 Banks and Banking

28 USC 157

1720 Labor/Mgmt. Relations

550 Civil Rights

_

Information Act

or Defendant)

f

I 900 Appeal ol Fee

]871 IRS - Third Party

Determination Under

56 USC 7609

Security Act

| 894 Energy Allocation Act

I 895 Freedom ol

LI J 870 Taxes (U.S. Plaintiff

555 Prison Condition

Equal Access to Justice

I

I 950 Constitutionality of
Stale Statutes

(Place an "X" in One Box^Only)

Proceeding

1423 Withdrawal

Safety/Health

I 690 Other

1385 Property Damage

444 Welfare

I

| 650 Airline Regs.
| 660 Occupational

Habeas Corpus:

Accommodations

El:

|

LABOR

445 Amor w/Disabililies -

[ _J24O Torts to Land

'] 640 R.R. & Truck

Sentence

[J443 Housing/

[~^]220 Foreclosure

} 630 Liquor Laws

| 380 Other Personal

Product Liability

I

71400 State Reapportionmenl

1422 Appeal 28 USC 1S8

Property 21 USC 881

CZ1 370 Other Fraud
I
] 371 Truth in Lending

| 355 Motor Vehicle

I

Seizure of

Injury Product Liability

| 350 Motor Vehicle
Product Liability

] 625 Orug Related

Product Liability

PERSONAL PROPERTY

Marine Product

] 620 Other Food & Drug

Med. Malpractice

I

I

V. ORIGIN
CxD 1 Original

| 365 Personal Injury -

|

1160 Stockholders'Suits

I

|
1

1340 Marine

CU151 Recovery of Overpayment

I

1 362 Personal Injury -

Liability

Student Loans (Exd. Veterans)

I

J 610 Agriculture

I

| 330 Federal Employers'

Slander

& Enforcement of Judgment

BANKRUPTC

FORFEITURE/PENALTY

TORTS
PERSONAL INJURY
PERSONAL INJURY

Insurance

□ 3 Remanded from
Appellate Court

□

4 Reinstated or O 5 Transferred from
Reopened

LD 6 Multidistrict Cm 7 Appeal to District
Litigation

another district

Judge from Magistrate
Judgment

(specify)

VI

CAUSE OF ACTION Cite the us civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
17U.S.C. § lOl.etseq.; 17 U.S.C. §1201; 18 U.S.C. §1030

Brief description of cause: Copyright Infringement, Computer Fraud and Abuse Act, and related claims
VII. REQUESTED IN

COMPLAINT:

l~~l check if this is a class action
□ CHECK IF THIS IS A CLASS ACTION
UNDER F.R.C.P. 23

VIII. RELATED CASE(S) IF ANY N/A
(See instructions):

JUDGE

*.

DEMANDS

gD CHECK YES only if demanded in complaint:

JURY DEMAND:

LID Yes

(ZIJ

DOCKET NUMBER

FOR OFFICE USE ONLY
RECEIPT #

N0C-JS44

JS44 Reverse (Rev. 11/04)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading
or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the
United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet.
Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should
complete the form as follows:

I.
(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a
government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government
agency, identify first the agency and then the official, giving both name and title.

(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed
plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the

time of filing. (NOTE: In land condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)

(c)

Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an

attachment, noting in this section "(see attachment)".

II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings.
Place an "X" in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff.

(1) Jurisdiction based on 28 U.S.C. 1345 and 1348.

Suits by agencies and officers of the United States are

included here.

United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an

amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff
or defendant code takes precedence, and box 1 or 2 should be marked.

Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is
checked, the citizenship of the different parties must be checked. (See Section III below; federal question actions take precedence
over diversity cases.)

III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated
above. Mark this section for each principal party.

IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI
below, is sufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause
fits more than one nature of suit, select the most definitive.
V.

Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.

Removed from State Court. (2)

Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C,

Section 1441. When the petition for removal is granted, check this box.

Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand
as the filing date.

Reinstated or Reopened.

(4)

Check this box for cases reinstated or reopened in the district court.

Use the reopening date as the

filing date.

Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district
transfers or multidistrict litigation transfers.

Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.

When this box is checked, do not check (5) above.

Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge's decision.

V. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in
Section IV above, is sufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature
of suit. If the cause fits more than one nature of suit, select the most definitive.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite
jurisdictional statutes unless diversity.

Example:

U.S. Civil Statute: 47 USC 553

Brief Description: Unauthorized reception of cable service

VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary
injunction.

Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any.
insert the docket numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.

If there are related pending cases,