Virtue et al v. Myspace, Inc.

Filing 1

COMPLAINT against Myspace, Inc. Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Linda Virtue, Lily Castro. (Attachments: # 1 Civil Cover Sheet) (Siegfried, Evan) (Entered: 04/13/2011)

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CIVIL

COVE~--tl 1/
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The JS 44 c 1 cover sheet and the mformat1on contamed herem neither replace nor
vd
Jdaeadmgs or
by local rules of court ThiS form, approved by the Jud!ctal Conference of the Umted States m Septem r 1974, 1s requ1red for the use oft e

the civtl docket sheet.

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provided

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(SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

I. (a) PLAINTIFFS
LINDA VIRTUE and LILY CASTRO, individually and on behalf of all others

DEFENDANTS
MYSPACE, INC.

similarly situated

2K,i,_n,g.,s,________

(b) County of Residence of First Listed Plaintiff

County of Residence of First Listed Defendant

Los Angeles

(IN U.S. PLAINTIFF CASES ONLY)

(EXCEPT IN U.S. PLAINTIFF CASES)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
LAND INVOLVED.

(c)

Attorneys (If Known)

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

Milberg LLP, One Pennsylvania Plaza, 49th Floor, New York, NY 10119
Telephone: [phone]

II.

BASIS OF JURISDICTION

0 I

02

lll.

(Place an "X" in One Box Only)

CITIZENSHIP OF PRINCIPAL PARTIES(Place an "X" in One Box for Plaintiff
(For Diversity Cases Only)
and One Box for Defendant)

c;,;,.,m;, Store

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~~ ~·MPfmK0PF,

"

2

"

2

Incorporated and Principal Place
of Business In Another State

"

3

0

3

Foreign Nation

l!!J 3 Federal Question

U.S. Government
Plaintiff

(U.S. Government Not a Party)

U.S. Govemme111
Defendant

"

4

~

D;vm;ty
(Indicate Citizenship of Parties in

t:'

~

llher State

'

Citizen or Subject of a
Forei n Coun

0 110 Insurance
0 120 Marine
0 130 Mi1ler Act
0 140 Negotiable Instrument
0 150 Re<:overy of Overpayment

"

"
"

151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excl. Veterans)
!53 Recovery of Overpayment
of Veteran's Benefits
160 Stockholders' Suits
190 Other Contract
195 Conrract Product Liability
I

PERSONAL INJURY
310Airplane
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

PERSONAL INJURY
362 Personal Injury Med. Malpractice
365 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

"
"
"

"
"
"
"

0 610 Agriculture
0 620 Other Food & Drug
625 Drug Related Seizure
of Property 21 USC 881
630 Liqpor Laws
640 R.R. & Truck

422 Appeal28 USC 158
423 Withdrawal
28 usc ]57

V. ORIGIN
~I

Original
Proceeding

445 Amer. wfDisabilities Employment
446 Amer. wfDisabilities Other
440 Other Civil Rights

(Place an "X" in One Box Only)
Removed from
0
State Court

0 2

VI. CAUSE OF ACTION

Sentence
Habeas Corpus:
530 General
535 Death Penalty
540 Mandamus & Other
550 Civil Rights
555 Prison Condition

3

Remanded from
Appellate Court

0 4

~=

"

5

"

6

0 6

5

400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Conupt Organizations
480 Consumer Credit
490 CablefSat TV
810 Selective Service
850 Securities/Commodities(
Exchange
875 Customer Challenge
12 usc 3410
890 Other Statutory Actions
891 Agricultural Acts
892 Economic Stabilization Act
893 Environmental Maners
894 Energy Allocation Act
895 Freedom of Jnfonnation

720 LaborfMgmt. Relations
730 LaborfMgmt.Reporting
& Disclosure Act

~~~~~~~!~~=i&:;:~~~~ii[m::::1~~~~~~~~~L~~ 740 Other Labor Litigation
790 Railway Labor Act
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 A11 Other Real Property

4

0

[

0
0
0
0

f

791 Empl. Ret. Inc.
Security Act

Aot

900Appeal of Fee Detennination
Under &jual Access
to Justice
950 Constitutionality of
State Statutes

;
463 Habeas CorpusAlien Detainee
465 Other Immigration
Actions

Reinstated or
Reopened

0

5 Transferr~d ~rom

0 6

0 7

Multidistrict
Litigation

anoth_er dtstnct
s ect
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

Appeal to District
Judge from
Magtstrate
Jud ment

18 U.S.C. § 2701 e1 seq.

Brief description of cause:

Violations of the Stored Communications Act; Violation Of New York General Business Law§ 349 and other State statutes.

i2J CHECK IF THIS IS A CLASS ACTION
VII. REQUESTED IN
UNDER F.R.C.P. 23
COMPLAINT:
Vlll. RELATED CASE(S)
(See instructions):
IF ANY

CHECK YES only if demanded in complaint:

DEMAND$

gJ Yes

JURY DEMAND:

CJ

No

DOCKET NUMBER

DATE

04/13/2011
FOR OFFICE US

ONLY

RECEIPT # _ _ _ _ _ AMOUNT _ _ _ _ _ __

APPLYING IFP - - - - - - -

JUDGE

!t:fH

MAG. JUDGE

II

_([M!:::_:__;,::;L::::____

l ~00

ARBITRATION CERTIFICATION
Peter E. Seidman

1

, counsel for

Linda Virtue and Sonny Tan

do hereby certify pursuant to the Local

Arbitratio~ Rule 83.10 that to the best of my knowledge and belief the damages recoverable in the above captioned civil action exceed the
sum of$150,000 exclusive of interest and costs.

X

Relief other than monetary damages is sought.

DISCLOSURE STATEMENT- FEDERAL RULES CIVIL PROCEDURE 7.1
Identify any parent corporation and any publicly held corporation that oWns 10% or more or its stocks:

None.
RELATED CASE STATEMENT (SECTION VIII)
All cases that are arguably related pursuant to Division of Business Rule 50.3.1 should be listed in Section VIII on the front of this
form. Rule 50.3.1 (a) provides that "A civil case is "related" to another civil case for purposes of this guideline when, because of
the similarity of facts and legal issues or because the cases arise from the same transactions or events, a substantial saving of judicial
resources is likely to result from assigning both cases to the same judge and magistrate judge."

NY-E DIVISION OF BUSINESS RULE 50.I(d)(2)
1.) Is the civil action being filed in the Eastern District removed from a New York State Court located in Nassau or Suffolk
County:_:N_:O:::.___ _ _ _ _ _ __

2.) If you answered "no" above:
a) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in Nassau or Suffolk
County?~N~o_ _ _ _ _ _ _ ___

b) Did the events of omissions giving rise to the claim or claims, or a substantial part thereof, occur in the Eastern
District?_,N=o:__ _ _ _ _ _ __

If your answer to question 2 (b) is "No," does the defendant (or a majority of the defendants, if there is more than one) reside in Nassau or
Suffolk County, or, in an interpleader action, does the claimant (or a majority of the claimants, ifthere is more than one) reside in Nassau
or Suffolk County?~N~o_ _ _ _ _ _ __
(Note: A corporation shall be considered a resident of the County in which it has the most significant contacts).

BAR ADMISSION
I am currently admitted in the Eastern District ofNew York and currently a member in good standing of the bar of this court
Yes

[7]

No

0

Are you currently the subject of any disciplinary action (s) in this or any other state or federal court?
Yes

0

(If yes. please explain)

No

[7]

Please provide your E-MAIL address and bar code below. Your bar code consists of the initials of your first and last name and the last four
digits of your social security number or any other four digit number registered by the attorney with the Clerk of Court. (This information must
be provided pursuant to local rule I I .l(b) of the civil rules).

Attorney Bar Code:

_P_S_-8_?_6_9
__________

E-MAIL Address: [e-mail]
Electronic filing procedures were adopted by the Court in Administrative Order No. 97-12, "In re: Electronic Filing Procedures (ECF)."
Electronic filing became mandatory in Administrative Order2004-08, "In re: Electronic Case Filing." Electronic service of all papers is now
routine.
1 certifY the
Signature:

accu~~tion
/

•

provided above.

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