CaStephen M. Doniger, Esq. (SBN 179314)Email: Stephen@DonigerLawFirm.eomScott A. Burroughs, Esq. (SBN 235718)Email: Scott@DonigerLawFirm.comDONIGER BURROUGHS APC300 Corporate Pointe, Suite 355Culver City, California 90230Telephone: (310) 590-1820Facsimile: (310) 4173538Attorneys for PlaintiffUNITED FABRICS INTERNATIONAL,INC., a California Corporation,Plaintiff,vs.DESIGN COLLECTION, aCalifornia Corporation; ROSS STORES,INC., a California Corporation; G.S.L.,INC., a California Corporation; ODIKRISTOPHER, 1NC., a New YorkCorporation; PRIDE JOYS, INC., aNew York Corporation; LARRYHANSEL CLOTHING, LLC, a New YorkCorporation; MACYS RETAILHOLDINGS, INC., an Ohio Corporation;and DOES 1-10,Defendants.Document 1 Filed 03/25/11 Page 1 of 34 Page :21UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIAC1313, 1 025211 PiCOMPLAINT FOR:1. COPYRIGHT VICARIOUS CONTRIBUTORY COPYRIGHTINFRINGEMENTVIOLATION OF 17 106(2); andBREACH OF CONTRACT2.Jury Trial DemandedCOM Pl .AlN'l'CaDocument 1 Filed @e 2 of 34 Page ID Plaintiff, UNITED FABRICS INTERNATIONAL, INC. (hereinafter or?Plaintiff?), by and through its undersigned attorneys, hereby prays to this honorableCourt for relief based on the following:INTRODUCTIONPlaintiff creates and obtains rights to unique two-dimensional graphic artworksfor use on textiles, which textiles are transacted primarily in the fashion industry.Plaintiff owns these designs in exclusivity and makes sales of products bearing thesedesigns for pro?t. Plaintiff? business is predicated on its ownership of these designsand it spends a considerable amount of time and resources creating and obtaining top-quality, marketable and aesthetically-appealing designs. Ongoing and potentialcustomers of Plaintiff obtain design samples from the company with theunderstanding and agreement that they will only utilize UFI to reproduce said designsshould they wish to do so, and will not seek to print the designs elsewhere, or makeminor changes to Plaintiffs proprietary work to reproduce the same elsewhere.Despite this agreement, and exclusive ownership of the copyrights in itsdesigns, parties will still exploit and print exclusive designs through thirdparties domestically and abroad. The defendants in this case have imported,purchased and sold without permission product bearing Plaintiffs proprietary,registered textile designs.JURISDICTION AND VENUE1. This action arises under the Copyright Act of 1976, Title 17 U.S.C., 101et seq.2. This Court has federal question jurisdiction under 28 U.S.C. 1331 and1338 and 3. Venue in this judicial district is proper under 28 U.S.C. 1391(c) and1400(a) in that this is the judicial district in which a substantial part of the acts andomissions giving rise to the claims occurred.2COMPLAINTCaDocument 1 Filed Ewe 3 of 34 Page ID PARTIES4. Plaintiff UFI is a corporation organized and existing under the laws of theState of California with its principal place of business in Los Angeles County.5. Plaintiff is informed and believes and thereon alleges that DefendantDESIGN COLLECTION, INC. is a corporation organized and existingunder the laws of the State of California and doing business in and with the state ofCalifornia.6. Plaintiff is informed and believes and thereon alleges that DefendantROSS STORES, INC. is a corporation organized and existing under thelaws of the State of California and doing business in and with the state of California.7. Plaintiff is informed and believes and thereon alleges that DefendantsG.S.L, INC. and JODI KRISTOPHER, INC. (collectively are relatedcorporations organized and existing under the laws of the State of New York anddoing business in and with the state of California.8. Plaintiff is informed and believes and thereon alleges that DefendantLARRY HANSEL CLOTHING, LLC. is a limited liability companyorganized and existing under the laws of the State of New York and doing businessin and with the state of California.9. Plaintiff is informed and believes and thereon alleges that DefendantPRIDE OYS, INC. (PJ is a limited liability company organized and existingunder the laws of the State of New York and doing business in and with the state ofCalifornia.10.Plaintiff is informed and believes and thereon alleges that DefendantRETAIL HOLDINGS, INC. is a corporation organized andexisting under the laws of the State of Ohio and doing business in and with the stateof California.3COMPLAINTCaDocument 1 Filed 4 of 34 Page ID 11. Plaintiff is informed and believes and thereon alleges that DefendantDOES 1-5, inclusive, is a manufacturer, and/or a vendor (and/or agent or employeeto a manufacturer or vendor) of garments to Defendant, which DOE Defendants havemanufactured and/or supplied and are manufacturing and/or supplying fabrics andother product printed with Plaintiffs copyrighted designs (as hereinafter de?ned)without Plaintiffs knowledge or consent or have contributed to said infringement.The true names, whether corporate, individual or otherwise of Defendants DOES 1-10, inclusive, are presently unknown to Plaintiff, which therefore sues saidDefendants by such fictitious names and will seek leave to amend this complaint toshow their true names and capacities when same have been ascertained.12. Defendants DOES 6 through 10, inclusive, are other parties not yetidenti?ed who have infringed Plaintiffs copyrights, have contributed to thein?ingement of Plaintiffs copyrights, or have engaged in one or more of thewrongful practices alleged herein. The true names, whether corporate, individual orotherwise, of Defendants 1 through 10, inclusive, are presently unknown to Plaintiff,which therefore sues said Defendants by such fictitious names, and will seek leave toamend this Complaint to show their true names and capacities when same have beenascertained.13. Plaintiff is informed and believes and thereon alleges that at all timesrelevant hereto each of the Defendants was the agent, affiliate, of?cer, director,manager, principal, alter-ego, and/or employee of the remaining Defendants and wasat all times acting within the scope of such agency, af?liation, alter-ego relationshipand/or employment; and actively participated in or subsequently ratified andadopted, or both, each and all of the acts or conduct alleged, with ?ill knowledge ofall the facts and circumstances, including, but not limited to, full knowledge of eachand every violation of Plaintiffs rights and the damages to Plaintiff proximatelycaused thereby.4COMPLAINTCaDocument 1 Filed mge 5 of 34 Page ID 14. Plaintiff is informed and believes and thereon alleges that this case resultedfrom obtainment, modi?cation, and sale of product bearing at least two ofcopyrighted textile designs. Plaintiff is informed and believes that DC hadknowledge of ownership of the designs at issue prior to engaging in theaforesaid conduct.CLAIMS RELATED TO SPIKE15. Plaintiff owns a United States Copyright Registration covering a two-dimensional textile design it has internally designated as SPIKE (?Subject DesignA true and correct copy of Subject Design A, as well as a registration coveringsame, is attached hereto as Exhibit 1. This design was offered for sale prior to theacts complained of herein, and is owned exclusively by the Plaintiff.16. Plaintiff is informed and believes and thereon alleges that Defendants,including without limitation DCI, PJI, and LI-ILLC, took access to and received asample of Subject Design A directly from Plaintiff, or one of its representatives, oran intermediary, prior to the acts alleged herein.17. Plaintiffs investigation revealed that ROSS and MACYS were purchasing,distributing and selling for pro?t, garments which bore a textile print that wassubstantially similar to Subject Design A (hereinafter ?Accused Product Anexemplar of one such ROSS garment, and one such MACYS garment, are attachedhereto as Exhibit 2.18. Upon information and belief, Plaintiff alleges that Accused Product A wasprovided, distributed, and/or sold to ROSS by PJI and to MACYS by LI-ILLC.19. Upon information and belief, Plaintiff alleges that Accused Product A wasprovided, distributed, and/or sold to PJI and LI-ILLC by DC.20.Prior to the alleged infringement, Plaintiff had formatted Subject Design Afor use on textiles, sampled Subject Design A to prospective customers andnegotiated sales of fabric bearing Subject Design A.5COMPLAINTCasDocumentl Filed 6 of 34 Page ID 21. Plaintiff is informed and believes and thereon alleges that, withoutPlaintiffs authorization, Defendants, and each of them, purchased, sold,manufactured, caused to be manufactured, imported and/or distributed AccusedProduct A and/or fabric and/or garments comprised of fabric featuring a designwhich is identical to, or substantially similar to, Subject Design A.CLAIMS RELATED TO SUFFICIENT22. Plaintiff owns a United States Copyright Registration covering a two-dimensional textile design it has internally designated as SUFFICIENT (?SubjectDesign A true and correct copy of Subject Design B, as well as a registrationcovering same, is attached hereto as Exhibit 3. This design was offered for sale priorto the acts complained of herein, and is owned exclusively by the Plaintiff.23. Plaintiff is informed and believes and thereon alleges that Defendants,including without limitation DCI and JKI, took access to and received a sample ofSubject Design directly from Plaintiff, or one of its representatives, or anintermediary, prior to the acts alleged herein.24. Plaintiff?s investigation revealed that ROSS was purchasing, distributingand selling for pro?t, garments which bore a textile print that was substantiallysimilar to Subject Design (hereinafter ?Accused Product An exemplar of onesuch ROSS garment is attached hereto as Exhibit 4.25. Upon information and belief, Plaintiff alleges that Accused Product wasprovided, distributed, and/or sold to ROSS by JKI.26. Upon information and belief, Plaintiff alleges that Accused Product wasprovided, distributed, and/or sold to JKI by DC.27.Prior to the alleged infringement, Plaintiff had formatted Subject Design for use on textiles, sampled Subject Design to prospective customers andnegotiated sales of fabric bearing Subject Design B.6COMPLAINTCase Document 1 Filed we 7 of 34 Page ID #:111 28. Plaintiff is informed and believes and thereon alleges that, without2 Plaintiff?s authorization, Defendants, and each of them, purchased, sold,3 manufactured, caused to be manufactured, imported and/or distributed Accused4 Product and/or fabric and/or garments comprised of fabric featuring a design5 which is identical to, or substantially similar to, Subject Design B.6 29. Subject Design A and Subject Design will be collectively referred to as7 ?Subject Designs.? Accused Product A and Accused Product will be collectively8 referred to as ?Accused Products.?9 FIRST CLAIM FOR RELIEF10 (For Copyright Infringement - Against All Defendants)11 30. Plaintiff repeats, re-alleges and incorporates herein by reference as though12 fully set forth the allegations contained in the preceding paragraphs of this13 Complaint.14 31. Plaintiff is informed and believes and thereon alleges that Defendants, and15 each of them, had access to the Subject Designs, including, without limitation,16 through access to Plaintiffs showroom and/or design library; access to17 illegally distributed copies of the Subject Designs by third-party vendors and/or18 DOB Defendants, including without limitation international and/or overseas19 converters and printing mills; access to legitimate UFI fabric in the marketplace;20 and access to Plaintiff? strike-offs and samples.21 32.Plaintiff is informed and believes and thereon alleges that one or more of22 the Defendants manufactures garments and/or is a garment vendor. Plaintiff is23 ?arther informed and believes and thereon alleges that said Defendant(s) has an24 ongoing business relationship with Defendant retailer, and each of them, and25 supplied garments to said retailer, which garments infringed the Subject Designs in26 that said garments were composed of fabric which featured an unauthorized print27 design that was identical or substantially similar to the Subject Designs.28 7COMPLAINTCase Document 1 Filed 8 of 34 Page ID #:12 33.Plaintiff is informed and believes and thereon alleges that Defendants, andeach of them, infringed Plaintiffs copyright by creating, making and/or developingdirectly infringing and/or derivative works from the Subject Designs and byproducing, distributing and/or selling fabric and/or garments which infringe theSubject Designs through a nationwide network of retail stores and on-line outlets.34.Due to Defendants? acts of infringement, Plaintiff has suffered substantialdamages to its business in an amount to be established at trial.35.Due to Defendants? acts of infringement, Plaintiff has suffered general andspecial damages in an amount to be established at trial.36.Due to Defendants? acts of copyright infringement as alleged herein,Defendants, and each of them, have obtained direct and indirect pro?ts they wouldnot otherwise have realized but for their infringement of the Subject Designs. Assuch, Plaintiff is entitled to disgorgement of Defendant?s pro?ts directly andindirectly attributable to Defendant?s infringement of the Subject Designs in anamount to be established at trial.37. Plaintiff is informed and believes and thereon alleges that the in?ingementof copyrighted designs was willful, reckless, and/or in blatant disregard forrights as a copyright holder, and as such claims Will?ll, exemplary andenhanced statutory damages.SECOND CLAIM FOR RELIEF(For Vicarious and/or Contributory Copyright Infringement - Against AllDefendants)38.Plaintiff repeats, realleges and incorporates herein by reference as thoughset forth the allegations contained in the preceding paragraphs of thisComplaint.39.Plaintiff is informed and believes and thereon alleges that Defendantsknowingly induced, participated in, aided and abetted in and pro?ted from the illegal8COMPLAINTCasDocumentl Filed 03/25/11 9 of 34 Page ID #:13reproduction and/or subsequent sales of product featuring the Subject Designs asalleged hereinabove.40.Plaintiff is informed and believes and thereon alleges that Defendants, andeach of them, are vicariously liable for the infringement alleged herein because theyhad the right and ability to supervise the infringing conduct and because they had adirect ?nancial interest in the infringing conduct.4l.By reason of the Defendants?, and each of their, acts of contributory andvicarious in?ingement as alleged above, Plaintiff has suffered and will continue tosuffer substantial damages to its business in an amount to be established at trial, aswell as additional general and special damages in an amount to be established attrial.42.Due to Defendants? acts of copyright infringement as alleged herein,Defendants, and each of them, have obtained direct and indirect pro?ts they wouldnot otherwise have realized but for their infringement of the Subject Designs. Assuch, Plaintiff is entitled to disgorgement of Defendants? pro?ts directly andindirectly attributable to Defendants? infringement of the Subject Designs, in anamount to be established at trial.43. Plaintiff is informed and believes and thereon alleges that the infringementof copyrighted designs was willful, reckless, and/or in blatant disregard forrights as a copyright holder, and as such claims will?rl, exemplary andenhanced statutory damages.THIRD CLAIM FOR RELIEF(For Violation of 17 U.S.C. lO6(b) - Against DC)44.P1aintiff repeats, realleges and incorporates herein by reference as though?1lly set forth the allegations contained in the preceding paragraphs of thisComplaint.9COMPLAINTCaseDocument 1 Filed Pam 10 of 34 Page ID #21445.Plaintiff is informed and believes and thereon alleges that Defendant DCobtained an exemplar of both of the Subject Designs, and obtained such exemplarswith knowledge that they belonged to Plaintiff and/or that they were copyrighted byPlaintiff or another party.46. Plaintiff is informed and believes and thereon alleges that DC, with theknowledge set forth above, modi?ed, revised, and changed the Subject Designs insubtle ways to create derivative works thereform. Plaintiff is informed and believesthat these derivate works are still substantially similar to the Subject Designs, andcontain no additional creative content.47. The above machinations by DC were not authorized or made known toPlaintiff, violated 17 U.S.C. 106(2), and caused Plaintiff damages in an amount tobe determined at trial.FOURTH CLAIM FOR RELIEF(For Breach of Contract - Against PJI and JKI)48.Plaintiff repeats, realleges and incorporates herein by reference as thoughfully set forth the allegations contained in the preceding paragraphs of thisComplaint.49.Prior to the infringement alleged herein, PJI and JKI took access to, andpossession of, fabric and/or samples bearing at least one of the Subject Designsdirectly from Plaintiff. PJI and KI received fabric and/or samples the SubjectDesigns only after expressly agreeing to Plaintiff's contractual restriction that PJ Iand KI would seek Plaintiffs authorization before creating any product bearing anyof the Subject Designs, and, if it was to create product bearing any of the SubjectDesigns, it would only do so only through Plaintiff.50. Plaintiff and PJ I and KI ?irther understood and agreed that PJI and JKIwould not advertise, promote, or publish any of the Subject Designs, or fabric orgarments bearing any of the Subject Designs, or a derivative thereof, unless the10COMPLAINTCase1?cv?O2541? DS Document 1 Filed 11 of 34 Page ID #:15products it was advertising, promoting, or publishing were authorized by Plaintiff,and/or created from fabric for which Plaintiff was paid.51. PJI and JKI, when receiving Plaintiff? samples and/or fabric bearing theSubject Designs, expressly and impliedly promised to seek authorization fromPlaintiff before using any of the Subject Designs in any manner, and promised to payPlaintiff for the use of the Subject Designs if it chose to use any of them in any way.This promise the Subject Designs was discrete from PJI andpromise not to infringe any of the Subject Designs.52. Plaintiff provided the Subject Designs to PJI and KI while negotiating apossible purchase by PJI and KI of Plaintiff? products. When providing the SubjectDesigns to PJI and JKI, Plaintiff clearly indicated that PJI and JKI was receivingsamples of the Subject Designs with the condition that PJI and JKI was to tender toPlaintiff the reasonable value of use of any of the Subject Designs if PJI and K1 wasto make use of any of the Subject Designs.53. Plaintiff and PJ I and KI engaged in the transactions set forth herein,wherein Plaintiff submitted the Subject Designs to PJ I and JKI with theunderstanding and expectation, clearly understood by said parties, that Plaintiffwould ?rst authorize, and then be paid for, any use of any of the Subject Designs byPJI and JKI.54. Plaintiff would not have disclosed the Subject Designs to PJ I and JKIwithout I and agreement to the stipulations and conditions regardingPlaintiffs authorization of, and payment receipt for, any use of the Subject Designsby PJ I and JKI.55.Despite this knowledge and understanding, I and JKI created or hadcreated, product bearing one or more of the Subject Designs, or a derivation thereof,and published, advertised, sold, and promoted such products. In doing so, PJI andJKI failed to seek Plaintiff? authorization before using the Subject Designs, andI ICOMPLAINTCaseDocument 1 Filed 12 of 34 Page ID #:l6 failed to pay Plaintiff for use of the Subject Designs, in violation of the parties?express and implied agreements as to same.56. Due to the above, Plaintiff has suffered general and special damages, in anamount to be established at trial.PRAYER FOR RELIEFWherefore, Plaintiff prays for judgment as follows:/j_Q'nst All Defendants1. With Respect to Each Claim for Reliefa. That Defendants, their agents and employees be enjoined frominfringing Plaintiff?s copyrights in any manner, speci?cally those for theSubject Designs;That Plaintiff be awarded all pro?ts of Defendants plus all losses ofPlaintiff, plus any other monetary advantage gained by the Defendantsthrough their infringement, the exact sum to be proven at the time oftrial, or, if elected before ?nal judgment, statutory damages as availableunder the Copyright Act, 17 U.S.C. 101 et seq.;c. That Plaintiff be awarded additional, enhanced, and elevated damagesgiven the reckless and will?1l nature of the acts alleged;. That Plaintiff be awarded its attorneys? fees as available under theCopyright Act U.S.C. 101 et seq.;e. That Defendants, and each of them, account to Plaintiff for their pro?tsand any damages sustained by Plaintiff arising from the foPJ I andJKIing acts of infringement;f. That Plaintiff be awarded pre-judgment interest as allowed by law;That Plaintiff be awarded the costs of this action;That Plaintiff be awarded general and special damages; andI2COMPLAINTCase Document 1 Filed O3/25/ll 13 Of 34 Page ID #117 1 i. That Plaintiff be awarded such further legal and equitable relief as the2 Court deems proper.3 A TRIAL BY JURY PURSUANT TO FED. R. CIV. P. 38 AND4 CONSTITUTIONAL AMENDMENT SEVEN IS HEREBY DEMANDED. 7 Dated: March 24, 201 1Scott A. Burroughs, Esq.DONIGER BURROUGHS9 Attorneys for PlaintiffCOMPLAINTCase 2: Document 1 Filed P?e 14 of 34 Page ID #:18EXHIBIT 1Case Document 1 Filed 03/25/11 Page 15 of 34 Page ID #:19Case Document 1' Filed 03/25/11 Page 16 of 34 Page ID #20Certi?cate of RegistrationThis Certi?cate issued under the seal of the Copyright 0 1 Office in accordance with title 17, United States Code,attests that registration has been made for the workidenti?ed below. The information on this certi?cate hasbeen made a part of the Copyright Office records.?gz-gag) Registration Number:Registe of Copyrights, United States of America VAU Effective date ofregistration:January 28, 2009TitleTitle of Work: 2009 COLLECTION IContents Titles: 4149, 4158, 4170, 4169, 4104, 4143, 4136, G272, G273, G276, G208, G213,G259, 2141, 2116,2161, 2158, 2145, 2157, 2147, 2108, 2111, 2110, 2170,2164,2132.Completion! PublicationYear of Completion: 2008AuthorI Author: UNITED FABRICS INTERNATIONAL, INC.Author Created: 2-D artworkWork made for hire: YesDomiciled in: United StatesCopyrig ht claim antCopyright Claimant: UNITED FABRICS INTERNATIONAL, INC.1723 SOUTH CENTRAL AVE, 1.03 ANGELES, CA, 90021, United StatesTransfer Statement: By written agreementLimitation of copyright claimMaterial excluded from this claim: 2-D artworkPrevious registration and year: PENDING 2008VAu700?34l 2006New material included in claim: ADAPTATION OF DESIGN AND ADDITIONAL WORK.Rights and PermissionsPage [of 2 Case Documeht1' Filed 17 of34 Organization Name: UNITED FABRICS INTERNAHONAL, INC.Name: SHAHARIAR SHAR SIMANTOBEmail: shar@unitedfabric.com Telephone: 213749-820-0115Address: 1723 SOUTH CENTRALAVE.LOS ANGELES, United StatesCertification-Name: SHAR Date: January 28, 2009Page2of2Case Document 1 Filed 18 of 34 Page ID #:22EXHIBIT 2 . 34 P.1 Pagelgof0Case D. .Case Document 1 Filed 23 of 34 Page ID #:27 EXHIBIT 3(_3_ase Document 1 Filed 03/25/11 Page 25 of 34 Page ID #:29Certi?cate of Registration I *7 IThis Certi?cate issued under the seal of the CopyrightOf?ce in accordance with title 17, United States Code,attests that registration has been made for the workidenti?ed below. The information on this certi?cate hasbeen made a part of the Copyright Oflice records. Registration Number1 -029-3 70Qia-0 Effective date ofregistration:June 15, 2010 Registe of Copyrights, United States of AmericaTitleTitle of Work: 2010 GEO-FLORAL COLLECTION Contents Titles: 8574,8573, 8572, 8571, 8570, 8569, 8566, 8564, 8563, 8562, 8561, 8560,8559, 8558, 8557, 8556, 8555, 8554, 6067, 4250, 4249, 2237, 2228, 0118,0117, M128, M127, M126, A094, A093, Completion PublicationYear of Completion: 2010AuthorAuthor: UNITED FABRICS INTERNATIONAL, INC.Author Created: 2-D artworkWork made for hire: YesCitizen of: United StatesCopyright claimantCopyright Claimant: UNITED FABRICS INTERNATIONAL, INC.1723 SOUTH CENTRAL AVE, LOS ANGELES, CA, 90021, United StatesLimitation of copyright claimMaterial excluded from this claim: 2-D artwork, PRINT FRESH MUSTIC STYLE CH 9322,STUDIO 33 SP00900515, CONTROMODA BE00900661, STUDIOBERNINI LINEASTUDIO40434AR, CONTROMODASAP0900511, MUSTIC STYLE CH 9322, ELLE2 DISEGNI 722085,MOSAIQUE 722047, LINEA STUDIO 40815, THE COLOR FIELD MC6027, STUDIO BERNINI A-09-YY-4, STUDIO BERNINI LINEA STUDIO 40815, SR EUROPEAN DESIGN 718069,CONTROMODA-SEL0700345, CLASSY COLLECTION SMS0900805,THE COLOR FIELD MG2968, COLORFIELD KF1762, STUDIOBERNINI STUDIO BERNINI A-12-B-27.Page 1 of 2Case Document 1 Filed 03/25/11 Page 26 of 34 Page ID Previous registration and year:New material included in claim:Rights and PermissionsOrganization Name:Name:Email:Address:Certi?cationVaul-019-076 2010VA1-013-536 20102-D artwork, ADAPTATION OF DESIGN AND ADDITIONAL ARTISTICWORK.I United Fabrics International, Inc.SHAHARIAR SHAR SIMANTOBshar@unitedfab1ic.com1723 SOUTH CENTRAL AVELOS ANGELES, CA 90021 United StatesTelephone:213-749-8200Name:Date:SHAHARIAR SHAR SIMANTOBJune 15, 2010Page 2 of 23 Case Document 1 Filed 27 of 34 Page ID #:31EXHIBIT 4f34 Page ID #:32 Case Document 1 Filed Paw 30 of 34 Page ID #:34Stephen M. Doniger, Esq. (SBN 179314)Scott A. Burroughs, Esq. (SBN 235718)DONIGER BURROUGHS APC300 Corporate Pointe, Suite 355Culver City, California 90230Telephone: (310) 590-1820UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIAUNITED FABRICS INTERNATIONAL, INC., a CASE NUMBERCalifornia Corporation DESIGN COLLECTION, a CaliforniaCorporation; et al.(See Attached "Schedule SUMMONSTO: A lawsuit has been ?led against you.Within 21 days after service of this summons on you (not counting the day you received it), youmust serve on the plaintiff an answer to the attached lillcomplaint El amended complaintEl counterclaim cross-claim or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answeror motion must be served on the plaintiffs attorney, Scott A. Burroughs, ESQ. SBN 235713 . whose address isDONIGER BURROUGHS APC 300 Corporate Pointe, Ste. 355 Culver City, CA 90230 [fyou fail to do 50,judgment by default will be entered against you for the relief demanded in the complaint. You also must ?leyour answer or motion with the court.Clerk, U.S. District CourtMAR 2 5 3:33? THRISTOPHER POWERSDated: By:Deputy Clerk(Seal of the ourt)[Use 60 days if the defendant is the United States or a United States agency. or is an o?icer or employee of the United States. Allowed60 days by Rule CV-OIA SUMMONS 31 of 34 Page ID #:35 UNITED FABRICS INTERNATIONAL, INC., a California Corporation,Plaintiff,VS.DESIGN COLLECTION, INC., a California Corporation; ROSS STORES, INC., aCalifornia Corporation; G.S.L., INC., a California Corporation; JODIKRISTOPI-IER, INC., a New York Corporation; PRIDE OYS, INC., a NewYork Corporation; LARRY HANSEL CLOTHING, LLC, a New YorkCorporation; MACYS RETAIL HOLDINGS, INC., an Ohio Corporation; andDOES 1-10,Defendants.Case Document 1 Filed 03/25/11 Page 32 of 34 Page ID #:36unmzo STATES DISTRICT RT. DISTRICT or CALIFORNIAI (L'hecI< box ifyoii are representing: NTSUNITIED FAIIRICS INC. :1 Corporation?. et :11.Attorneys (Finn Naine. Address and Niiriiher. |l'_vuu are Alioriieys yotirself. provide sziine.)Scott A. Iiurrouglis, Esq. (SIBN 235718] IJONIGIER I Suite 355Culver City. Calilomia {3 I0) 5510- I 820ll. BASIS (Place an in one hm" onl_\ I 01-? - I-?or l)nersit_v Cases Ont}.-[l?l:ice mi in one for plaintiII':incl one Ior I U.S. I?l:iintiIT 94/3 Federal Question (ioeernnieiil Not at I?airI_v) Citizen of'I'Iiis State I [3 I Incorporated or Place -1 -1nt? Business in this State2 US, Guveriririeiil I)eIendaii1 El 4 Diversity? Citizensliip of/liioilier Stine El 2 El 2 Incorporated and Principal Place 5 5of I':irties in Item in Another StaleCitrzeii or oI':i C3 3 3 Foreign Nation ti [3 6IV. ORIGIN (Place :1nX in one box only.)Original 2 Renim-ed from El 3 Remanded from -I or 5 ?I'r:inst'erred from anoilier district CI 6 MuIli- I3 7 Appeal to I)isirii:iProceeding State Court Appellate Court Reopeiierl District Judge fromLitigation Magistrate JudgeI-N JIFRY CI No [Check ?Yes' only in CLASS ACTION under 23: El Yes Bi./Nu El IN VI. OF (Cite the U.S. Civil Statute under which you are Filing and write a l1rieI'st:1iem::irt oI'euuse. Do not statutes unless IVII. OF SUIT (I?Iai:e an in one hm only.)QTHERHSTATUTES CONTRACT TORT TORTS PRISONER I LABORlj4[}t) Rcupponingimcrir IO In:-gumncc INJURY PIERSONAL 710 Fill! Labor 410 Amimisl [3 130 El 310 Airplaiie Cl SIG Motions to Act-130 Banks and Banking 130 Miller Act Cl 3'5 371! (lilier I-"mud Vacate Sentence 720 I_aborlMgint[3 450 Cominercci'lCC I3 I40 Negotiable I 371 Truth in lluheas Corpus ReliitionsRiitesfetc. I3 I50 oi" ?k Cl 380 Other I?erson:i| 530 Geiienil I3 T30 Laborln-Igmt[3 450 gt; a 535 Death Reponing U-I70 Racketeer Influenced Enforceinent of llwidl 385 I?ropert_\ I):iinuge 540 Disclosure Actand Corrupt Judgment l?rodui:t Qtlier I I3 740 Railway Labor ActOrgiinizutions Medicare Act Pmdum 790 Oilrer 1-_ahor430 Consumer Credit CI 152 Recover)? -122 Appeal 23 USC CI Prison Londition l:Il.Igi1lIUI1El 490 Cahlefsrit TV Student Loan (Iixcl. 35? i,L_hidL_ IDS FORFEITUREI Cl 79! 810 Selective Serviize Veterans} 355 Mm? \,L_Mclc 423 Wiiliclraiwal 2.8 PENALTY l_ Act850 Securities"Coinnior:Iities/ El 153 I57 RIGHTS[Mmgc Hr D360 [mm CIVIL VRIGI-ITS (.20 Other Food 2/330 Cl 875 Customer Challenge I2 Veteran's I3eneI'iLs [mm Dnig USC 3410 [60 Stockholders? Suits [3 303 AI-I2 (:25 Drug Reliiled 840 Trademark 390 Oilier Statutory Actions 190 Other Contract [2 4-13 llousiniz/Aeem Seizure ol SOCIAL 89! Agricultural Act 3 I95 Coiitnicl [1 M15 l?ersori:i| ln_nir_\- l?m0di?l?"5 31 USC 851 CI 892 Ecorioiriic Slabilizatioii |?rodiiei [3 444 353 mack Act [3196 Fraiichise C1368 D863 393 linvironmeiital Matters REAL lnjur_\' I?roLlur:t lhsaliilities - CI (:40 8; Truck (405(g}) 894 Energy Allocation Act 210 Land Condemnation (:50 Airline Ptegs 864 SSID Title 395 ?ying,? [3 330 IMMIGRATION -146 with (:60 El 865 RSI 900 Appeal of Fee I)etenni- 230 Kent Lease ix?; 453 l)isaIiilities - lealtlr FEDERAL TAX nation Under Equal 2-10 Torts to Land Other Oilrer CI 870 Taxes (US I?I:1iniit?IAccess to Justice 2-45 Tort Product 440 Other Civil or Dclbiidant) 1E1950 Constitutionality or 3 290 All I?ropert_\ mm Rights Cl 371 Pan)? .6State Staitiies - flUSE ONLY: Case NumberA Till". I"R0f\"l' 5-iIl)lC IIELOW.Cw, l?aec I 01"?Case Document 1 Filed 33 of 34 Page ID #:37 UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIACIVIL COVER VlIl(a). IDENTICAL CASES: Has this action been previously filed in this court and dismissed. remanded or closed? dNo Yeslfyes, list ease nurnber(s):VllI(b). RELATED CASES: Have any cases been previously filed in this coun that are related to the present case? Kilo YesIf yes. IISI ease nurnber(s):Civil cases are deemed related lfa previously filed ease and the present case:(Check all boxes that apply) El A. Arise from the same or closely related transactions. happenings. or events; or8. Call for determination of the same or substantially related or similar questions of law and fact: orCl C. For other reasons would entail substantial duplication of labor if heard by different judges: orCl D. Involve the some patent. trademark or copyright. one of the factors identified above in a. or also is presentIx. VENUE: (When completing the following infonnation. use an additional sheet if necessary.)List the County in this District: Califomia County outside of this Disuict; State if other than California; or Foreign Country. in which EACII named plaintiff resides.El Check here if the overnmen its a eneies or employees is a named plaintiff. If this box is checked. go to item County in this Distrietz? California County outside of this District; State. if other than California; or Foreign CountryUNITED FABRICS INTERNATIONAL. INC. - Los Angeles County List the County in this District; California County outside of this District; State if other than California; or Foreign Country. in which EACH named defendant resides.0 Check here if the government. its agencies or employees is a named defendant. If this box is checked. go to item County in this District? California County outside of this District; State. if other than California; or Foreign CountryDESIGN COLLECTION, INC. - California JODI KRISTOPHER. INC. - New York PRIDE JOYS, INC. - New YorkROSS STORES, INC. - California MACYS RETAIL HOLDINGS. INC. - OhioINC. - California LARRY HANSEL CLOTHING. LLC - New YorkList the County in this District; California County outside of this District; State it? other than California; or Foreign Country. in which EACH claim arose.Note: to land condemnation eases. use the location ofthe tract or land Involved.County in this District? California County outside of this District; State. if other than California; or Foreign Countrylbos Angeles County Los Angeles. Orange. San Bernardlno. Riverside. Venture. Santa Borbaray? Luis Obispo CountiesNote: In land condemnation cases use the location of the tract involvedx. SIGNATURE or ATTORNEY (OR PRO PER): -5 one Notice to The (ls-44) Civil Cover Sheet and the information contained herein neither replace nor supplement the ?ling and service of pleadingsor other papers as required by law. This l'orrn. approved by the Judicial Conference of the United States in September 1974. is required pursuant to Local Rule 3-1 is not ?ledbut is used by the Clerk of the Court for the purpose of statistics. venue and initiating the civil docket sheet. (For more detailed instructions. see separate instructions sheet.)Key to Statistical codes relating to Social Security Cases:Nature ofsult Code Abbreviation Substantive Statement of Cause of Action861 HIA All claims for health insurance benefits (Medicare) under Title I8. Part A. of the Social Security Act. as amended.Also. include claims by hospitals. skilled nursing facilities, etc.. for certification as providers of services under theprogram. (42 U.S.C. l935FF(b))862 BL All claints for ?Black Lung" benefits under Title 4. Part B. of the Federal Coal Mine Health and Safety Act of I969.(30 U.S.C. 923)863 DIWC All claims filed by insured workers for disability insurance benefits under Title 2 of the Social Security Act. asamended; plus all claims filed for child's insurance bene?ts based on disability. (42 U.S.C. 405(3))863 DIWW All claims filed for widows or widotsers insurance benefits based on disability under Title 2 of the Social SecurityAct. as amended. (42 U.S.C. 40S(g))864 SSID All claims for supplemental security income payments based upon disability filed under Title I6 of the Social SecurityAct. as amended.865 All claims for retirement (old age) and survivors benefits under Title 2 of the Social Security Act. as amended. (42U.S.C. CV-?ll (05/08) CIVIL COVER SHEET Past 2 072Case Document 1 Filed 03/25/11 Page 34 of 34 Page ID #:38UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIANOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERYThis case has been assigned to District Judge Dale S. Fischer and the assigned discoveryMagistrate Judge is Paul Abrams.The case number on all documents ?led with the Court should read as follows:cv11- 2541 use Pursuant to General Order 05-07 of the United States District Court for the CentralDistrict of California, the Magistrate Judge has been designated to hear discovery relatedmotions.All discovery related motions should be noticed on the calendar of the Magistrate JudgeNOTICE TO COUNSELA copy of this notice must be served with the summons and complaint on all defendants (if a removal action is?led, a copy of this notice must be served on all plaintiffs).Subsequent documents must be ?led at the following location:Western Division Southern Division Eastern Division312 N. Spring St., Rm. G-8 411 West Fourth St., Rm. 1-053 3470 Twelfth St., Rm. 134Los Angeles, CA 90012 Santa Ana, CA 92701-4516 Riverside, CA 92501Failure to ?le at the proper location will result in your documents being returned to you.CV-18 (03/06) NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY