Taylor Swift v. Malcolm Matthews, et al

Filing 86

AMENDED COMPLAINT Second Amended Complaint against All Defendants, filed by Taylor Swift.(Rose, Natalya)

Taylor Swift v. Malcolm Matthews, et al

Doc. 86

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE IN NASHVILLE

TAYLOR SWIFT, Plaintiff v. MALCOLM MATTHEWS, RENEE SUSAN MITCHELL, LOUIS MOORE, MARTIN D. QUATTLEBAUM, MARSHA DYONNE TYLER, BRENDAN SCHIFF, MELLISSA LIEBERMAN, EDWARD FRIEDMAN, KENNETH JOHNSON, ROBERT VINCENT ESTRONZA, TAIEF HASSON WALLACE, VANCE HILL, VERNANDO SMITH, ANDRE ANTHONY JONES, FRANK PARSONS, WILBERT G. PRINCE, CARLO PONTI SMITH, MERVIN A. BROWN, ERIC LOPP, JEFFREY L. WATKINS, DENNIS LANE WEAVER, KILO JAMES, TYRONE "PIGGY" SQUIRES, BURRELL DICKERSON, BRAULIO RIVIERA, Defendants. Civil Action No. 3:09-0442 Judge Wiseman Magistrate Judge Griffin FILED UNDER SEAL

SECOND AMENDED COMPLAINT

The plaintiff, Taylor Swift ("Plaintiff"), files this Seconded Amended Complaint in accordance with the Court's Order of October 6, 2009 (Doc. 73) to name John Does, Jane Does and XYZ Corporations identified by Plaintiff pursuant to the Temporary Restraining Order and Order of Seizure of Counterfeit Goods issued on May 19, 2009 (Doc. 12) and extended on May 1

Dockets.Justia.com

28, 2009 (Doc. 17) ("TRO and Order of Seizure"), and the Preliminary Injunction and Order of Seizure of Counterfeit Goods issued on June 17, 2009 (Doc. 33) and extended October 26, 2009 (Doc. 79) ("Preliminary Injunction and Order of Seizure"). Plaintiff adopts and re-alleges by reference all statements in Plaintiff's Verified Complaint (Doc. 1) and First Amended Verified Complaint (Doc. 26), and further states as follows: PARTIES 1. Upon information and belief, Defendant Kenneth Johnson is an individual whose

principal residence is located at 3715 Ramsey Circle, Atlanta, Georgia 30331. 2. Upon information and belief, Defendant Robert Vincent Estronza is an individual

whose principal residence is located at 1281 Brockett Road, Clarkston, Georgia 30021. 3. Upon information and belief, Defendant Taief Hasson Wallace is an individual

whose principal residence is located at 3600 Clubhouse Circle, Decatur, Georgia 30032. 4. Upon information and belief, Defendant Vance Hill is an individual whose

principal residence is located at 6169 Charring Cross Court, Lithonia, Georgia 30058. 5. Upon information and belief, Defendant Vernando Smith is an individual whose

principal residence is located at 1119 Redantrian Court, Stone Mountain, GA 30088. 6. Upon information and belief, Defendant Andre Anthony Jones is an individual

whose principal residence is located at 8330 Bluff Road, Columbia, South Carolina 29214. 7. Upon information and belief, Defendant Frank Parsons is an individual whose

principal residence is located at 1622 Curry Street, Columbia, South Carolina 29204. 8. Upon information and belief, Defendant Wilbert G. Prince is an individual whose

principal residence is located at 1837 Barbara Drive 11A, Columbia, South Carolina 29223.

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9.

Upon information and belief, Defendant Carlo Ponti Smith is an individual whose

principal residence is located at 2225 Hwy 1 South, Apt. 905, Elgin, South Carolina 29073. 10. Upon information and belief, Defendant Mervin A. Brown is an individual whose

principal residence is located at 1627 Carnegie Street, Apt. B, Columbia, South Carolina 292041472. 11. Upon information and belief, Defendant Eric Lopp is an individual whose

principal residence is located at 153-20 123 Avenue, Jamaica, New York 11434. 12. Upon information and belief, Defendant Jeffrey L. Watkins is an individual

whose principal residence is located at 667 Westwood Drive, Lexington, South Carolina 290738038. 13. Upon information and belief, Defendant Dennis Lance Weaver is an individual

whose principal residence is located at 3911 St. Andrews, Apt. 302, Columbia, South Carolina 29201. 14. Upon information and belief, Defendant Kilo James is an individual whose

principal residence is unknown, and who was personally served with the First Amended Verified Complaint and with the Preliminary Injunction and Order of Seizure on May 12, 2010 in Newark, New Jersey. 15. Upon information and belief, Defendant Tyrone "Piggy" Squires is an individual

whose principal residence is unknown, and who was personally served with the First Amended Verified Complaint and with the Preliminary Injunction and Order of Seizure on May 12, 2010 in Newark, New Jersey. 16. Upon information and belief, Defendant Burrell Dickerson is an individual whose

principal residence is unknown, and who was personally served with the First Amended Verified

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Complaint and with the Preliminary Injunction and Order of Seizure on May 14, 2010 in Uniondale, New York. 17. Upon information and belief, Defendant Braulio Riviera is an individual whose

principal residence is unknown, and who was personally served with the First Amended Verified Complaint and with the Preliminary Injunction and Order of Seizure on May 14, 2010 in Uniondale, New York. 18. Defendants Johnson, Estronza and Wallace are individuals who were encountered

by Plaintiff's merchandise enforcement team, and identified through its efforts, as offering and selling Counterfeit Goods (as defined in Preliminary Injunction and Order of Seizure of Counterfeit Goods) at Plaintiff's concert at the Philips Arena, in Atlanta, Georgia, on June 13, 2009. 19. Defendants Hill, and Vernando Smith are individuals who were encountered by

Plaintiff's merchandise enforcement team, and identified through its efforts, as offering and selling Counterfeit Goods at Plaintiff's concert at the Gwinnett Arena, in Duluth, Georgia, on September 3, 2009. 20. Defendants Jones, Parsons, Prince, and Carlo Ponti Smith are individuals who

were encountered by Plaintiff's merchandise enforcement team, and identified through its efforts, as offering and selling Counterfeit Goods at Plaintiff's concert at the Bi-Lo Center, in Greenville, South Carolina, on September 4, 2009. 21. Defendants Brown, Lopp and Watkins are individuals who were encountered by

Plaintiff's merchandise enforcement team, and identified through its efforts, as offering and selling Counterfeit Goods at Plaintiff's concert at the Time Warner Arena, in Charlotte, North Carolina, on September 5, 2009.

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22.

Defendant Weaver is an individual who was encountered by Plaintiff's

merchandise enforcement team, and identified through its efforts, as offering and selling Counterfeit Goods at Plaintiff's concert at Colonial Life Arena, in Columbia, South Carolina on April 30, 2010. 23. Defendants James and Squires are individuals who were encountered by

Plaintiff's merchandise enforcement team, and identified through its efforts, as offering and selling Counterfeit Goods at Plaintiff's concert at the Prudential Center, in Newark, New Jersey, on May 12, 2010. 24. Defendants Dickerson and Riviera are individuals who were encountered by

Plaintiff's merchandise enforcement team, and identified through its efforts, as offering and selling Counterfeit Goods at Plaintiff's concert at the Nassau Coliseum, in Uniondale, New York, on May 14, 2010.

Respectfully submitted, /s/ Natalya L. Rose W. Michael Milom (No. 002803) David S. Crow (No. 020699) Natalya L. Rose (No. 021701) MILOM JOYCE HORSNELL CROW PLC 3310 West End Avenue, Suite 610 Nashville, Tennessee 37203 Telephone: [phone]
[e-mail] [e-mail] [e-mail]

Attorneys for Plaintiff Taylor Swift

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CERTIFICATE OF SERVICE I hereby certify that service of the foregoing Plaintiff's Second Amended Complaint is being accomplished through delivery by U.S. First Class Mail, postage pre-paid, this 12th day of July, 2010, upon the following: Martin D. Quattlebaum 8556 Kendrick Road Jonesboro, Georgia 30126 Kenneth Johnson 3715 Ramsey Circle Atlanta, Georgia 30331 Robert Vincent Estronza 1281 Brockett Road Clarkston, Georgia 30021 Taief Hasson Wallace 3600 Clubhouse Circle Decatur, Georgia 30032 Vance Hill 6169 Charring Cross Court Lithonia, Georgia 30058 Vernando Smith 1119 Redantrian Court Stone Mountain, GA 30088 Andre Anthony Jones 8330 Bluff Road Columbia, South Carolina 29214 Frank Parsons 1622 Curry Street Columbia, South Carolina 29204 Wilbert G. Prince 1837 Barbara Drive 11A Columbia, South Carolina 29223 Carlo Ponti Smith 2225 Hwy 1 South, Apt. 905 Elgin, South Carolina 29073

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Mervin A. Brown 1627 Carnegie Street, Apt. B Columbia, South Carolina 29204-1472 Eric Lopp 153-20 123 Avenue Jamaica, New York 11434 Jeffrey L. Watkins 667 Westwood Drive Lexington, South Carolina 29073-8038 Dennis Lance Weaver 3911 St. Andrews, Apt. 302 Columbia, South Carolina 29201

/s/ Natalya L. Rose Natalya L. Rose

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