Meyer, Suozzi, English & Klein, P.C. v. Higbee et al

Filing 1

COMPLAINT against All Defendants filing fee $ 400, receipt number 0207-10493740 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Meyer, Suozzi, English & Klein, P.C.. (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet, #3 Proposed Summons) (Schlosser, Kevin)

CIVIL COVER SHEET

JS44 (Rev. 12/12)

The JS 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 by the Judicial Conference of the United States in September 1974, is required for the use of the C erk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFF
MEYER, SUOZZI, ENGLISH & KLEIN, P.C.
(b) County of Residence of First Listed Plaintiff

DEFENDANTS
MATHEW K. HIGBEE, Esq.,
NICK YOUNGSON,
RM MEDIA, LTD,,
And HIGBEE & ASSOCIATES

Nassau

(EXCEPTIN as. PLAINTIFF CASES)

County of Residence of First Listed Defendant

(C) Attorneys (Firm Name, Address, and Telephone Number)

Meyer, Suozzi, English & Klein, P.C.
990 Stewart Avenue
Garden City NY 11530
[phone]

NOTE:

Attorneys (IfKnown)
III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "A" in One Boxfor PlamllfJ)
and One Box for Defendant)
(For Diversity Cases Only)
PTF
DEF
PTF
DEF
Citizen of This State
Incorporated or Principal Place
of Business In This State

II. BASIS OF JURISDICTION (Place an "X" in One Box Only)
I

I 1

□

U.S. Government
Plaintiff

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

□

2 U.S. Government
Defendant

□ l □!

4 Diversity
(Indicate Citizenship of Parties in Item III)

□ 2 02

Citizen of Another State

□ 3 03

Citizen or Subject of a
Foreign Country

IV. NATURE OF SUIT (Place an
CONTRACT

□
□

Q 150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
I I 152 Recovery of Defaulted
Student Loans
(Exclueds Veterans)
153 Recovery of Overpayment
of Veteran's Benefits
I I 160 Stockholders' Suits

□

□

□

□
□
□

315 Airplane Product
Liability
320 Assault, Libel &
Slander
I I 330 Federal Employers'
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
□ 355 Motor Vehicle
Product Liability
I I 360 Other Personal
Injury
362 Personal Injury ________Medical Malpractice
aVILRIGHTS

□
□
□

I
I

190 Other Contract
I 195 Contract Product Liability
I 196 Franchise

I
1

/RealPROPERTY
I 210 Land Condemnation

I

I

I
I
I

220 Foreclosure
I 230 Rent Lease & Ejectment
I 240 Torts to Land
I 245 Tort Product Liability

I
I
I

I
I
I

I

I 290 All Other Real Property

I

I

I

I

□

□

□
V.

"X" in One Box Only)
TORTS

PERSONAL INJURY
310 Airplane

110 Insurance
120 Marine
□ 130 Miller Act
1 I 140 Negotiable Instrument

Orange County, CA

(IN US. PLAINTIFF CASES ONLY)
IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

forfeiture/penalty

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
I I 380 Other Personal
Property Damage
I i 385 Property Damage
Product Liability

□
□

□

625 Drug Related Seizure
of Property 21 USC 881
□ 690 Other

Incorporated and Principal Place
of Business In Another State
Foreign Nation

SOCIAL SECURITY

LABOR

□ 5 05
□6 □6

' OTHER:STATl[JTES.YfY|

BANKRUPTeY
□ 422 Appeal 28 USC 158
□ 423 Withdrawal
28 USC 157
PROPERTY RIGHTS
15^ 820 Copyrights
□ 830 Patent
I I 840 Trademark

□
□
□

□4 □4

r~l 375 False Claims Act
I I 400 State Reapportionment
O 410 Antitrust
I I 430 Banks and Banking
I I 450 Commerce
n 460 Deportation
I I 470 Racketeer Influenced and
CoiTupt Organizations
r~l 480 Consumer Credit

I

□ 861 HIA(1395ff)

n 490 Cable/Sat TV

□

□ 862 Black Lung (923)

I I 850 Securities/Commodities/
Exchange
890 Other Statutory Actions

I 710 Fair Labor Standards
Act
720 Labor/Management.
Relations
I I 740 Railway Labor Act
I I 751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act

□ 863 DIWC/DIWW (405(g))
□ 864 SSID Title XVI
□ 865 RSI (405(g))

□
□

FEDERAL TAX SUITS
PRISONER PETITIONS
Habeas Corpus;
□ 870 Taxes (US, Plaintiff
440 Other Civil Rights
I I 463 Alien Detainee
or Defendant)
441 Voting
□ 510 Motions to Vacate
□ 871 IRS—Third Party
442 Employment
Sentence
26 USC 7609
IMMIGRATION
443 Housing/
□ 530 General
Accommodations
I 1 462 Naturalization Application
535 Death Penalty
445 Amer. w/Disabilities I I 465 Other Immigration
Other;
Employment
Actions
I I 540 Mandamus & Other
446 Amer, w/Disabilities 550 Civil Rights
Other
555 Prison Condition
448 Education
560 Civil Detainee Conditions of
Confinement

□

□
□

891 Agricultural Acts
I { 893 Environmental Matters
I I 895 Freedom of Information
Act
I I 896 Arbitration
I I 899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
r~l 950 Constitutionality of
State Statutes

□
□
□

ORIGIN (Place an "X" in One Box Only)
1 Original
Proceeding

□

2

Removed from
State Court

VI. CAUSE OF ACTION
VII. REQUESTED IN
COMPLAINT:
VIII. RELATED CASE(S)
IF ANY

I I 3
Remanded from
_______ Appellate Court

□ 4 Reinstated or
Reopened

□ 5

Transferred from
Another District □ 6 Multidistrict
(specify)
Litigation

Cite the U.S, Civil Statute under which you are filing (Do not cite Jurisdictional statutes unless diversity):
17U.S.C. §§ 101 etseq._______________________________________________________________________________________________________
Brief description of cause: Declaratory judgment of non-infringement pursuant to Declaratory Judgment Act 28 U.S.C. §§ 2201
and 2202, the Copyright Laws of the United States, 17 U.S.C. §§ 101 et seq. and violation of N.Y. Gen. Bus. L, § 349.
□

CHECK IF THIS IS A CLASS ACTION
UNDER RULE 23, F.R.Cv.P.

(See instructions):

CHECK YES only if demanded in complaint:
JURY DEMAND:

DEMAND $

□ Yes □ No

DOCKET NUMBER

JUDGE

DATE

SIGNATURE OF ATTORNEY OF RECORD

6/6/18

A/ Kevin Schlosser

FOR OFFICE USE ONLY
RECEIPT# _________

AMOUNT

APPLYING IFP

JUDGE

MAG. JUDGE

CERTIFICATION OF ARBITRATION ELIGIBILITY
Local Arbitration Rule 83.10 provides that with certain exceptions, actions seeking money damages only in an amount not in excess of $150,000,
exclusive of interest and costs, are eligible for compulsory arbitration. The amount of damages is presumed to be below the threshold amount unless a
certification to the contrary is filed.
F Kevin Schlosser
, counsel for Plaintiff____________ , do hereby certify that the above captioned civil action is
ineligible for compulsory arbitration for the following reason(s):

□
□

monetary damages sought are in excess of $1,000,000, exclusive of interest and costs.
the complaint seeks injunctive relief.
the matter is otherwise ineligible for the following reason The action seeks a declaratory judgment.
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:

No publicly held corporation owns 10% or more of Plaintiff s stock.
RELATED CASE STATEMENT tSection VIII on the Front of this Form)
Please list all cases that are arguably related pursuant to Division of Business Rule 50.3.1 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." Rule 50.3.1 (b) provides that" A civil case shall not be deemed "related" to another civil case merely because the civil
case: (A) involves identical legal issues, or (B) involves the same parties." Rule 50.3.1 (c) further provides that "Presumptively, and subject to the power
of a judge to determine otherwise pursuant to paragraph (d), civil cases shall not be deemed to be "related" unless both cases are still pending before the
court."
NY-E DIVISION OF BUSINESS RULE SO.ltdFlI
1.)

Is the civil action being filed in the Eastern District removed from a New York State Court located in Nassau or Suffolk
County: NO_____________________

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? YES____________________
b) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in the Eastern
District? YES

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, if there is more than one) reside in Nassau
or Suffolk County?_____________________
(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 of New York and currently a member in good standing of the bar of this court.
~ Yes
□ No
Are you currently the subject of any disciplinary action (s) in this or any other state or federal court?
Yes
(If yes, please explain)
K
No

□

I certify the accuracy of all information provided above.
Signature: /s/ Kevin Schlosser

4113283