Case 2:15-cv-02778-CBM-JPR Document 24 Filed 08/24/15 Page 1 of 44 Page ID #:100 1 2 3 4 Charles M. Coate, Esq. (SBN: 140404) ABRAMS COATE LLP 12400 Wilshire Blvd., Ste. 1060 Los Angeles, CA 90025 Tel: (310 576-6161 Fax: (310) 576-6160 Email: ccoate@abramscoate.com Attorneys for Plaintiff Ron Newt 5 UNITED STATES DISTRICT COURT 6 FOR THE CENTRAL DISTRICT OF CALIFORNIA 7 WESTERN DIVISION 8 9 RON NEWT, an individual, 10 11 12 13 14 15 16 vs. 1. COPYRIGHT INFRINGEMENT 2. BREACH OF IMPLIED-IN-FACT TWENTIETH CENTURY FOX FILM CONTRACT CORPORATION, a Delaware Corporation; LEE DANIELS, an individual; DANNY STRONG, an individual; TERENCE HOWARD, an individual; MALCOLM SPELLMAN, an individual; and Does 1 – 10, inclusive, Defendants. 18 20 21 22 23 24 25 26 27 FIRST AMENDED COMPLAINT FOR DAMAGES AND INJUNCTION FOR: Plaintiff, 17 19 Case No.: 15-cv-2778 CBM (JPRx) JURISDICTION AND VENUE 1. This is an action for copyright infringement arising under the Copyright Act of 1976, 17 U.S.C. §§ 101 et seq. This Court has jurisdiction of this action under 28 U.S.C. §§ 1331, 1338(a) and 1338(b), and under its supplemental jurisdiction. 2. Venue is proper in this district under 28 U.S.C. §§ 1391 and 1400(a) as a substantial part of the events or omissions giving rise to the claim occurred, and the defendants and/or their agents reside or may be found, in this judicial district. -1 Case 2:15-cv-02778-CBM-JPR Document 24 Filed 08/24/15 Page 2 of 44 Page ID #:101 1 2 PARTIES 3. Plaintiff RON NEWT (hereinafter referred to as “NEWT” or 3 “PLAINTIFF”) is an individual resident of San Francisco, California, who created 4 an original motion picture screenplay entitled “Bigger Than Big” (the 5 “Screenplay”) based on his book of the same name (“Book”). 6 4. PLAINTIFF is informed and believes, and on that basis alleges, that 7 Defendant TERENCE HOWARD (hereinafter referred to as “HOWARD” or 8 “DEFENDANT”) is an individual, residing in Los Angeles County, California. 9 PLAINTIFF is further informed and believes, and on that basis alleges, that 10 HOWARD is a forty-seven (47) year old producer and an actor with numerous 11 film and television credits, and according to the Internet Movie Database 12 (“IMDB”) stars in a television series “Empire” (the “Series”) that airs on Fox, and 13 is available digitally for purchase from Fox.com, inter alia. 14 5. PLAINTIFF is informed and believes, and on that basis alleges, that 15 Defendant TWENTIETH CENTURY FOX FILM CORPORATION (hereinafter 16 referred to as “FOX” or “DEFENDANT”) is a corporation existing under the laws 17 of Delaware maintaining its principal place of business at 10201 West Pico Blvd., 18 Los Angeles, CA 90035. PLAINTIFF is informed and believes, and on that basis 19 alleges, that Fox is qualified to do business and is doing business in the State of 20 California, County of Los Angeles, and is active according to the California 21 Secretary of State. According to the IMDB website and credit block that appears in 22 the Series, FOX is a producer of the Series. 23 6. PLAINTIFF is informed and believes, and on that basis alleges, that 24 Defendant LEE DANIELS (hereinafter referred to as “DANIELS” or 25 “DEFENDANT”) is an individual residing in Los Angeles County, California. 26 PLAINTIFF is further informed and believes, and on that basis alleges, that 27 DANIELS is a director, writer, and producer with numerous film and television -2 Case 2:15-cv-02778-CBM-JPR Document 24 Filed 08/24/15 Page 3 of 44 Page ID #:102 1 credits, and according to IMDB is the Creator and Executive Producer of the 2 Series. 3 7. PLAINTIFF is informed and believes, and on that basis alleges, that 4 Defendant DANNY STRONG (hereinafter referred to as “STRONG” or 5 “DEFENDANT”) is an individual residing in Los Angeles County, California. 6 PLAINTIFF is further informed and believes, and on that basis alleges, that 7 DANIELS is a director, writer, producer and actor with numerous film and 8 television credits, and according to IMDB is the Creator, Executive Producer and a 9 Director of the Series. 10 8. PLAINTIFF is informed and believes, and on that basis alleges, that 11 Defendant MALCOLM SPELLMAN (hereinafter referred to as “SPELLMAN” or 12 “DEFENDANT”) is an individual residing in Los Angeles County, California. 13 PLAINTIFF is further informed and believes, and on that basis alleges, that 14 SPELLMAN is a writer and producer with numerous writing and producing credits 15 and according to IMDB is a Co-producer and credited writer on the Series. 16 PLAINTIFF is further informed and believes that SPELLMAN is from the San 17 Francisco bay area and purchased a copy of PLAINTIFF’s Book. 18 9. The true names and capacities, whether individual, corporate, 19 associate or otherwise, of Defendants DOES 1 through 10, inclusive, are presently 20 unknown to PLAINTIFF, who therefore sues these Defendants by such fictitious 21 names. PLAINTIFF is informed and believes and thereon allege that each of the 22 DOE Defendants was and is either intentionally, negligently, or in some other 23 manner, the cause or contributing cause of, or otherwise responsible for, the 24 damages suffered by PLAINTIFF. PLAINTIFF will amend this Complaint to 25 allege the true names and capacities of each DOE Defendant, together with such 26 allegations as may be appropriate, when their names have been ascertained. 27 -3 Case 2:15-cv-02778-CBM-JPR Document 24 Filed 08/24/15 Page 4 of 44 Page ID #:103 1 10. Plaintiff is informed and believes and thereon alleges that at all times 2 mentioned in this Complaint, each Defendant was the agent, servant, employee, 3 partner, successor, assignee, joint venturer and/or franchisee of each of the 4 remaining Defendants herein, and was at all times acting within the course and 5 scope of said agency, service, employment, partnership, joint venture and/or 6 franchise. Moreover, Plaintiff is informed and believes, and based thereon alleges, 7 that each act and omission hereinafter alleged on the part of any one Defendant 8 was done with the approval and consent and was ratified by each of the remaining 9 Defendants. 10 11. Plaintiff is further informed and believes and thereon allege that at all 11 relevant times mentioned in this Complaint, each Defendant may be held liable for 12 the infringing acts committed by another to the extent that each Defendant had the 13 right and ability to control the infringing activities alleged herein and had a direct 14 financial interest in such activities, regardless of whether each said Defendant had 15 intent or knowledge of the infringement alleged herein. Furthermore, Plaintiff is 16 informed and believes and thereon alleges that at all relevant times mentioned in 17 this Complaint each Defendant who knowingly induced, caused or materially 18 contributed to the infringement alleged herein, by another Defendant herein but 19 who may not have committed or participated in the infringing acts him or herself, 20 may be held liable as a contributory infringer as each such Defendant had 21 knowledge, or reason to know, of the infringement. 22 23 24 GENERAL ALLEGATIONS 12. Plaintiff NEWT is the owner and copyright proprietor of an original 25 book entitled “Bigger Than Big” (the “Book”) as well as a motion picture 26 screenplay based on the Book entitled “All That Glitters” (the “Screenplay”) and a 27 DVD documentary based on the Book (the “DVD”). Each of the Book, Screenplay -4 Case 2:15-cv-02778-CBM-JPR Document 24 Filed 08/24/15 Page 5 of 44 Page ID #:104 1 and the DVD (hereinafter to be referenced at times as the “Material”) are based in 2 large part on PLAINTIFF’s life story. The Screenplay and Book were created and 3 written by PLAINTIFF. The Book, the Screenplay and the DVD have all been 4 submitted for copyright registration with the United States Copyright Office, with 5 the Book identified by the Copyright Office under application # 1-2562633731. (A 6 true and correct copy of the receipt for the application for copyright registration for 7 the Screenplay and the DVD is attached hereto and incorporated by reference 8 herein as Exhibit “1.”) PLAINTIFF reserves the right to amend this Complaint 9 upon its receipt of the registrations for the Book, the Screenplay and the DVD from 10 the U.S. Copyright Office. 11 13. In or about November of 2010, PLAINTIFF was in Los Angeles to 12 meet 13 Book/Screenplay/DVD and to seek financing and/or development of a motion 14 picture to be based upon his Book/Screenplay/DVD, that in turn are based in large 15 part on PLAINTIFF’s life story. PLAINTIFF was contacted by his friend King 16 Cisco and instructed to go to the Beverly Hills location of the Four Seasons Hotel 17 where he would be met by DEFENDANT HOWARD to discuss PLAINTIFF’s 18 Material and the possibility of jointly developing a motion picture adaptation of the 19 Material. That evening a meeting took place between PLAINTIFF, HOWARD, 20 King Cisco, and Ronnie Morisette, inter alia, in the courtyard bar of the Four 21 Seasons Hotel. During this meeting that lasted over three (3) hours, PLAINTIFF 22 was asked by HOWARD to relay his life story. PLAINTIFF pitched his life story 23 and provided HOWARD with his Book/Screenplay/DVD depicting various life 24 events and provided HOWARD with information where additional pictures of 25 certain of PLAINTIFF’s life events could be found on PLAINTIFF’s website. 26 HOWARD stated during this meeting that he wanted to play the role of 27 PLAINTIFF in a motion picture adaptation of PLAINTIFF’s life story. At the end with agents and other entertainment -5 entities to promote his Case 2:15-cv-02778-CBM-JPR Document 24 Filed 08/24/15 Page 6 of 44 Page ID #:105 1 of the meeting HOWARD retained the copies of the Book, Screenplay and DVD 2 and provided PLAINTIFF with the phone number of his manager in order to 3 facilitate a joint production of a motion picture project based on PLAINTIFF’s life 4 story and Material and to star HOWARD in a role depicting PLAINTIFF. Upon 5 information and belief, negotiations began between King Cisco and HOWARD’s 6 manager however no agreement was ever reached and there was no further contact 7 between HOWARD and PLAINTIFF. HOWARD, however, retained the copies of 8 the Material and never returned them. 9 14. When the Material was presented to HOWARD, he was aware of the 10 fact that the Book and the Screenplay were written by PLAINTIFF, and that all of 11 the Material was based in large part on PLAINTIFF’s life story. Furthermore, the 12 Material was presented to HOWARD with the clear understanding that if any 13 element of the Book/Screenplay/DVD was to be used by HOWARD, he must first 14 obtain rights to the Book/Screenplay/DVD in connection with appropriate 15 compensation, and in accordance with entertainment industry custom and practice. 16 15. Plaintiff is informed and believes and on that basis alleges that or 17 about January 7, 2015, the pilot for the series “Empire” aired on Fox, with 18 HOWARD starring in the lead role. A recent review of the Internet Movie 19 Database 20 DEFENDANTS STRONG and DANIELS were accorded credit as creators and 21 producers of the pilot, DEFENDANT FOX was accorded company credit, and that 22 HOWARD appears as the lead character “Lucius Lyon” on all episodes of the 23 series which will begin its second season. 24 16. (“IMDB”) webpage for the series “Empire” confirms that Plaintiff is informed and believes and on that basis alleges, that the 25 more recent work, “Empire,” borrows heavily from the “Bigger Than Big” book 26 and the “All That Glitters” screenplay and that certain aesthetic elements including 27 but not limited to the physical appearance of the characters and their homes are -6 Case 2:15-cv-02778-CBM-JPR Document 24 Filed 08/24/15 Page 7 of 44 Page ID #:106 1 virtually identical to photographs and storyboards provided to HOWARD during 2 the November, 2010 meeting and as portrayed in the DVD. The stories, character 3 traits and incidents portrayed in the two works are also in many respects, virtually 4 identical, and look striking similar. These substantially similar elements, coupled 5 with HOWARD’s direct access to the Book, Screenplay and DVD, leave little 6 doubt that numerous elements of “Empire” are copied from “Bigger Than Big,” 7 “All That Glitters” and the “Bigger Than Big” DVD, which had been submitted to 8 Howard in 2010. 9 10 FIRST CLAIM FOR RELIEF 11 (COPYRIGHT INFRINGEMENT (17 U.S.C. §§101 et seq.)) 12 (Against all Defendants) 17. 13 14 PLAINTIFF re-alleges each and every allegation set forth in Paragraphs 1 through 16, inclusive, and incorporates them herein by this reference. 18. 15 PLAINTIFF is currently and at relevant times has been the sole 16 proprietor of all right, title, and interest in and to the copyrights in the Book and 17 the Screenplay. 18 19. PLAINTIFF is informed and believes that DEFENDANTS are 19 continuing with efforts to distribute “Empire” in derogation of PLAINTIFF’s 20 rights. 21 20. Furthermore, given the direct access and prior submission of the Book 22 and Screenplay to DEFENDANTS through HOWARD and personal meeting by 23 PLAINTIFF with HOWARD to discuss exploitation of the same, that 24 DEFENDANTS were knowingly and willfully involved in the copying of the Book 25 and the Screenplay and original elements therein to create a work substantially 26 similar to and derivative of PLAINTIFF’s copyrighted Book and Screenplay. 27 PLAINTIFF is informed and believes that a non-exhaustive summary of -7 Case 2:15-cv-02778-CBM-JPR Document 24 Filed 08/24/15 Page 8 of 44 Page ID #:107 1 substantial similarities including expressions of ideas and concepts between the 2 respective works based upon a review of the pilot “Empire” includes but is not 3 limited to: 4 (a) THEME 5 Each work has as a core theme of drama centering around the story of an 6 African American man with a history of violence raising himself and his three-sons 7 from the ghetto and a life of crime into the world of the music industry. 8 9 (b) PLOT 10 The plot in both works follows an African American man, his wife who 11 went to jail for dealing drugs to save her family, and their three sons who are 12 engaged in pursuing careers in the music industry. Both the Screenplay and the 13 Series focus in central part on the protagonist’s history of violence and crime, drug 14 dealing and pimping on the one hand and drug dealing on the other, the 15 protagonist’s struggle to maintain power in their world and achieve legitimacy and 16 success in the music industry. 17 (c) SETTING 18 The setting of each work takes place in a large urban setting, favors a lavish 19 “pimp” aesthetic and contains flashbacks to the ghetto of a different era. The house 20 owned by the lead character of “Empire” is virtually identical to the home owned 21 by PLAINTIFF and pictured in the book “Bigger Than Big.” 22 (d) CHARACTERS 23 The lead characters, notwithstanding their names “Lucious Lyon” vs. 24 “Prince Diamond,” are strikingly similar. Both works feature as the lead character 25 a charismatic African American man, in his forties, who has risen from the ghetto 26 and a life of drug dealing and/or pimping that included multiple violent acts of 27 murder to tackle the world of the hip hop music industry as producers and through -8 Case 2:15-cv-02778-CBM-JPR Document 24 Filed 08/24/15 Page 9 of 44 Page ID #:108 1 the talents of their three sons. Other central characters include, the three sons and 2 their mother (“China Doll,” in “Bigger Than Big” and “Cookie” in the “Empire” 3 series) who has gone to jail for dealing drugs to sacrifice for the good of her family 4 and to keep the patriarch out of jail. Both “Lucious Lyon” and “Cookie,” the wife 5 character in the Empire Series wear clothing and groom themselves in styles that 6 are strikingly similar to the style and clothing worn and pictured in the book and 7 DVD “Bigger Than Big” by “Prince Diamond” and “China Doll.” 8 (e) MOOD 9 Both the Series and the Book/Screenplay have a similar mood in that they 10 are dramas that promote the excesses of a “pimp” lifestyle, sustain an undercurrent 11 of violence that threatens to and periodically does erupt through the tension, and 12 utilize hip hop music to enhance the drama and forward the action. 13 (f) PLOT/SCENE/DIALOGUE/CHARACTER SIMILARITIES 14 A non-exhaustive list of some of the specific plot, scene, dialogue and/or 15 character similarities between the Screenplay and/or Book and the Series, without 16 limitation, with referenced time codes and illustrative screenshots of “Empire” and 17 photographs contained in the Book is set forth below: 18 EMPIRE1 20 BIGGER THAN BIG/ALL THAT GLITTERS IS NOT GOLD 1. Ron Newt aka “Prince 21 Diamond’s” signature is wearing Ron Newt 22 style as depicted on the aka “Prince Diamond” 23 cover of the Book. style hair-do and silk 24 (Newt on right). scarf (Lyon on left). 19 04:53 “Lucious Lyon” 25 26 27 1 All time stamp references were keyed to the series episodes utilizing AT&T U-verse. -9 Case 2:15-cv-02778-CBM-JPR Document 24 Filed 08/24/15 Page 10 of 44 Page ID #:109 1 2. Ron Newt aka “Prince 2 Diamond’s” signature Danny Strong, 3 style as pictured in his Directed by Danny 4 Book: Long white and Strong) 5 gold embroidered coat 31:06 “Lucious Lyon” 6 with stand up collar. is wearing a Ron Newt 7 (Ron Newt at right). aka “Prince Diamond” Episode 8: (Written by 8 style long white coat 9 with gold buttons, and 10 gold embroidered stand up collar. (Lyon on 11 left.) 12 13 14 15 16 17 18 19 3. Ron Newt aka “Prince 00:26 “Lucious Lyon” Diamond’s” signature is wearing a Ron Newt style as pictured in his aka “Prince Diamond” Book: Newt pictured in a style grey silk jacket grey silk jacket with a with a black floral black floral pattern, on pattern. (Lyon on left). right. 20 21 22 23 24 25 26 27 - 10 Case 2:15-cv-02778-CBM-JPR Document 24 Filed 08/24/15 Page 11 of 44 Page ID #:110 1 4. Ron Newt aka “Prince Episode 12 (Written 2 Diamond’s” signature by Danny Strong & 3 style: white jacket with Ilene Chaiken) 4 silk scarve. (photo right). 01:10 “Lucious Lyon” 5 wears a Ron Newt aka 6 “Prince Diamond” 7 style white jacket and 8 silk scarf. (Lyon left). 9 10 “Lucious Lyon” in a 5. “Bigger Than Big” 11 12 13 14 video footage of Ron flash back wears Ron Newt shows him in Newt type street street clothes and head clothes and head wear. wear. (Lyon on left). 15 16 6. Artist rendition of Episode 1: 17 “China Doll” as depicted 15:40 “Cookie” looks 18 in Book on left. identical to “China 19 Doll” and sports a 20 similar type hat. 21 (Cookie on right). 22 7. “China Doll’s” style is 23 depicted in the Book. “Cookie” wears “China 24 (See “China Doll” in fur Doll” style coat with 25 collared coat on right). fur collar on left and Episode 6: 27:30 26 “China Doll” style hair. 27 - 11 Case 2:15-cv-02778-CBM-JPR Document 24 Filed 08/24/15 Page 12 of 44 Page ID #:111 1 8. China Doll’s signature Episode 2 (Written by 2 style as pictured in the Danny Strong &Ilene 3 Book. Chaiken, Directed by 4 5 Lee Daniels) 49:17 “Cookie’s” dress 6 is “China Doll” style 7 dress. 8 9 9. “China Doll” shows up 10 to a business meeting in 04:16 “Cookie” shows black lingere with up to family meeting in garters, artist’s rendition black lingere with of the event is portrayed garters, looks like in the Book and pictured picture of “China Doll” at left. at meeting in Book. 11 12 13 14 15 16 Episode 6: 02:52- 10. “Prince Diamond’s 17 Castle” as pictured in the Episode 4: 18 Book. 07:28 “Lucious 19 Lyon’s” house. 20 21 22 23 24 25 26 27 - 12 Case 2:15-cv-02778-CBM-JPR Document 24 Filed 08/24/15 Page 13 of 44 Page ID #:112 1 Episode 9 : 2 11. Black gate of Ron Newt 3 aka “Prince Diamond’s” 05:24 Black gate at 4 house shown in “Lucious Lyon’s” 5 Documentary (02:31) house (photo bottom). 6 (photo top). 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 12. Photographs from the Publicity photographs Book depict (from from the Series depict bottom left) 1) Ron (from top left) 1) Newt aka “Prince “Lucious Lyon” Diamond” dressed in a dressed in a white suit white suit and big cat (a with “Cookie” and a tiger), 2) Ron Newt aka big cat (a lioness), 2) a “Price Diamond” in dark screen shot from the suit with “China Doll” Series shows “Lucious dressed in all white, 3) Lyon” in dark suit and Ron Newt aka “Prince “Cookie” dressed all in Diamond” in the white, 3) photo of Lee penitentiary with Daniels on set with shirtless inmates. posted to his Instagram account promoting 24 season 2 of the Series. 25 26 27 - 13 Case 2:15-cv-02778-CBM-JPR Document 24 Filed 08/24/15 Page 14 of 44 Page ID #:113 1 13. Book contains a hand Episode 9: 34:20 show 2 drawn story board of a down with guns drawn 3 show down (picture at at cars virtually 4 top). identical to one of Ron 5 Newt’s story boards. 6 7 8 Episode 8: 47:27 14. Bob puts gun to his own 9 “Andre” puts gun to his head in DVD. 10 own head (right). 11 12 13 14 Episode 1: 07:41 15 15. Ron Newt’s sons Hakeem Lyon is 16 performed as the wearing Newtron 17 “Newtron’s” in styled shades, gold 18 sunglasses and gold chains, and hair cut as 19 chains and pictured in depicted in Bigger 20 the book (seen at right). Than Big. 21 /// 22 23 24 25 26 27 - 14 Case 2:15-cv-02778-CBM-JPR Document 24 Filed 08/24/15 Page 15 of 44 Page ID #:114 1 16. Ron Newt aka “Prince 2 Diamond’s” sons dress “Lucious Lyon’s” sons 3 like him in “Bigger than dressed like “Lucious” 4 Big” in white jackets. (in Ron Newt aka At white party 5 “Prince Diamond’s” 6 “signature” jacket). 7 8 9 10 11 12 13 14 17. Ron Newt aka “Prince “Lucious Lyon” is in Diamond” is in his 40s his 40’s, upon in the Screenplay. information and belief HOWARD is 47 years 15 old. 16 17 18. Ron Newt aka “Prince “Lucious Lyon” is an 18 Diamond” is an entertainer, song 19 entertainer, song writer, writer, producer 20 producer. 21 22 23 19. Ron Newt’s sons are Episode 1: 03:26 performers “Lucious Lyon’s” sons are performers. 24 25 20. Ron Newt aka “Prince 26 Diamond” was a furrier Episode 1: 05:13 “Lucious Lyon” has 27 - 15 Case 2:15-cv-02778-CBM-JPR Document 24 Filed 08/24/15 Page 16 of 44 Page ID #:115 1 and manufactured 2 clothing. 3 clothing line. Episode 1: 05:33 21. Ron Newt aka “Prince 4 Diamond” is friends with “Lucious Lyon” is 5 the mayor in “Bigger close friends with the 6 than Big.” president. 7 22. Ron Newt aka “Prince Episode 1: 05:47 8 Diamond” starts a life of “Lucious Lyon” starts 9 crime at age 9. a life of crime at age 9. 10 11 12 23. Ron Newt aka “Prince Episode 1: 05:47 13 Diamond” has troubled “Lucious Lyon” has 14 childhood. troubled childhood. 15 24. Ron Newt aka “Prince “Lucious Lyon” 16 Diamond” grooms his grooms his sons for 17 sons for show business show business 18 throughout “Bigger Than throughout “Empire” 19 Bigger.” series. 20 25. Ron Newt aka “Prince 21 Diamond” writes songs “Lucious Lyon” writes 22 for his sons in the Book songs for his son. 23 and Screenplay. 24 25 26 Episode 1: 21:42 Episode 1: 24:47 26. Ron Newt aka “Prince Diamond” and “China “Lucious Lyon” and Doll” are in the music “Cookie” are in the 27 - 16 Case 2:15-cv-02778-CBM-JPR Document 24 Filed 08/24/15 Page 17 of 44 Page ID #:116 1 music business. business. 2 3 4 27. Ron Newt aka “Prince Episode 1: 41.10 It’s 5 Diamond” kills 4 drug disclosed that “Lucious 6 dealers in “Bigger Than Lyon” killed 4 drug 7 Big.” dealers. Episode 1: 46:55 8 28. Ron Newt aka “Prince 9 Diamond” kills his “Lucious Lyon” kills 10 friend “Fast Eddie” in best friend “Bunkie.” 11 “Bigger Than Big.” 12 13 Episode 1: 48:33 29. Ron Newt aka “Prince 14 Diamond” is a “Lucious Lyon” is a 15 “womanizer” throughout “womanizer.” 16 the book. 17 18 19 20 21 22 23 30. Patti LaBelle at Lil’ Episode 3: 15:18 Ronnie’s funeral in Gladys Knight attends “Bigger Than “Bunkie’s” funeral. Big” (R&B diva from (R&B diva from the the 70’s and 80’s with 70’s and 80’s with very very flamboyant flamboyant personality). personality). 24 25 26 31. Ron Newt aka “Prince Episode 4: 21:22 Diamond” makes music Lucious Lyon makes 27 - 17 Case 2:15-cv-02778-CBM-JPR Document 24 Filed 08/24/15 Page 18 of 44 Page ID #:117 1 with his sons throughout 2 the Book/Screenplay. 3 32. Ron Newt puts a hit on 4 music with his sons. Episode 5 (Written by a character. Michael Spellman, 5 Directed by John 6 Singleton) 7 8 A hit is put on a 9 character in this episode. 10 11 Episode 6: 43:50 33. Ron Newt aka “Prince 12 Diamond” goes to jail in “Lucious Lyon” goes 13 “Bigger Than Big” to jail. 14 34. Ron Newt aka “Prince 15 Diamond” questioned by 16 police throughout the 17 Book/Screenplay. 18 19 20 21 22 23 24 25 26 “Lucious Lyon” questioned by police. “Cookie” interrogated 35. “China Doll” interrogated by police by police throughout during chapter “The season 1. School Drug Bust.” 36. Ron Newt aka “Prince “Lucious Lyon’s” Diamond’s” house is house was raided. raided in “Bigger Than Big.” 27 - 18 Case 2:15-cv-02778-CBM-JPR Document 24 Filed 08/24/15 Page 19 of 44 Page ID #:118 1 “Cookie” was 37. “China Doll” was 2 robbed in chapter 7 of 3 the Book: “A Kill For A 4 Thrill.” (mugged) robbed. 5 38. Hunter’s Point of San Hunt’s Point in NY a 6 Francisco a location location reference in 7 reference in Bigger than “Empire.” 8 Big. Lucious Lyon’s 9 39. Ron Newt’s antagonist 10 is a record executive in antagonist is a music 11 “Bigger Than Big.” executive. 12 13 14 15 A teaser from Season 40. Ron Newt is broken out two reveals that of jail by his sons. Lucious Lyon will be 16 broken out of jail (by 17 one of his sons). 18 19 20 21 22 23 24 25 26 27 21. PLAINTIFF is further informed and believes, and on that basis alleges, that DEFENDANTS’ copying of the Book and Screenplay infringes PLAINTIFF’s copyright and that DEFENDANTS are distributing and intend to continue to distribute unauthorized works similar to and derivative of “Bigger Than Big” and “All That Glitters.” 22. The natural, probable and foreseeable result of DEFENDANTS’ wrongful conduct has been and will continue to be to deprive PLAINTIFF of the - 19 Case 2:15-cv-02778-CBM-JPR Document 24 Filed 08/24/15 Page 20 of 44 Page ID #:119 1 benefits of selling the Screenplay and any other derivative work of the Book based 2 in large part on PLAINTIFF’s life story to another buyer, and to deprive 3 PLAINTIFF of the goodwill that would necessarily be associated therewith. 4 23. PLAINTIFF is informed and believes, and on that basis alleges, that it 5 has lost and will continue to lose substantial revenues and has sustained damages 6 as a result of DEFENDANTS’ wrongful conduct and DEFENDANTS’ production 7 and sale of their infringing series. DEFENDANTS’ wrongful conduct has also 8 deprived and will continue to deprive PLAINTIFF of opportunities for expanding 9 its goodwill. 10 24. PLAINTIFF is informed and believes, and on that basis alleges, that 11 unless enjoined by this Court, DEFENDANTS intend to continue their course of 12 conduct and to wrongfully use, infringe upon, sell and otherwise profit from 13 PLAINTIFF’s Book and Screenplay and works derived from it. As a direct and 14 proximate result of the acts of DEFENDANTS alleged above, PLAINTIFF has 15 already suffered irreparable damage and has sustained lost profits. PLAINTIFF 16 has no adequate remedy at law to redress all of the injuries that DEFENDANTS 17 have caused and intend to cause by their conduct. PLAINTIFF will continue to 18 suffer irreparable damage and sustain lost profits until DEFENDANTS’ actions 19 alleged above are enjoined by this Court. 20 25. By their actions alleged above, DEFENDANTS have infringed and 21 will continue to infringe PLAINTIFF’s copyrights in and relating to the Book and 22 the Screenplay by producing, distributing, and placing upon the market products 23 which are derivative of PLAINTIFF’s copyrighted works. 24 26. PLAINTIFF is entitled to an injunction restraining DEFENDANTS, 25 their officers, agents and employees, and all persons acting in concert with them, 26 from engaging in any further such acts in violation of the copyright laws. 27 - 20 Case 2:15-cv-02778-CBM-JPR Document 24 Filed 08/24/15 Page 21 of 44 Page ID #:120 1 27. PLAINTIFF is further entitled to recover from DEFENDANTS the 2 damages, including attorneys’ fees, they have sustained and will sustain, and any 3 gains, profits and advantages obtained by DEFENDANTS as a result of 4 DEFENDANTS’ acts of infringement alleged above. At present, the amount of 5 such damages, gains, profits and advantages cannot be fully ascertained by 6 PLAINTIFF but on information and belief, PLAINTIFF believes that such 7 damages may equal or exceed $10,000,000. 8 9 10 SECOND CLAIM FOR RELIEF 11 (BREACH OF IMPLIED-IN-FACT CONTRACT) 12 (Against all Defendants) 13 14 15 28. PLAINTIFF incorporates herein the allegations of paragraphs 1 through 35 of this Complaint. 29. PLAINTIFF is the owner of all rights including all rights under 16 contract and copyright, with respect to the Book and to the Screenplay and all 17 drafts and versions of it. 18 30. PLAINTIFF is the owner of all rights including all rights under 19 contract and copyright, with respect to the Book and to the Screenplay and all 20 drafts and versions of it. A meeting was set up on or about mid-November 2010, 21 wherein NEWT met in person with actor and producer Terence Howard 22 (“HOWARD”) at the Four Seasons Hotel, located at 300 S Doheny Dr, Los 23 Angeles, CA 90048, in order to discuss the Book and the Screenplay. The meeting 24 lasted approximately three and a half (3 ½) hours, wherein Mr. Newt extensively 25 discussed his life story, the Book and the Screenplay based in large part on his life 26 story, including the plot line, characters, themes, and incidents portrayed in such 27 works and in a documentary DVD based on those works. NEWT brought copies - 21 Case 2:15-cv-02778-CBM-JPR Document 24 Filed 08/24/15 Page 22 of 44 Page ID #:121 1 of the Screenplay and the Book, as well as the DVD (hereinafter the “Material”) 2 and submitted them in person to HOWARD. A further purpose of the meeting and 3 submission to HOWARD was to seek his interest in starring in, developing, 4 producing and/or purchasing the Screenplay, inter alia. 5 31. At that meeting HOWARD stated that he wanted to play the lead role 6 of PLAINTIFF aka “Prince Diamond” in a screenplay adaption of the Material. 7 The Screenplay, Book and DVD were presented to HOWARD with a clear 8 understanding that if any elements of the Screenplay, Book and/or the DVD were 9 to be used by DEFENDANTS, they must first obtain rights from the 10 writer/copyright proprietor of the Screenplay in exchange for appropriate 11 compensation in accordance with entertainment industry custom and practice, and 12 DEFENDANTS knew, or should have known, based on the parties’ course of 13 conduct including oral representations at the time of the meeting, created a 14 reasonable expectation that the submission was conditioned on DEFENDANTS’ 15 agreement to provide the writer/copyright proprietor with such compensation. 16 32. DEFENDANTS through HOWARD voluntarily accepted the 17 submission of the Screenplay, Book and DVD, on PLAINTIFF’s terms, and the 18 foregoing course of conduct between the parties gave rise to an implied-in-fact 19 contract between the parties to the effect that DEFENDANTS would not exploit 20 the Screenplay, the Book or elements thereof without compensating PLAINTIFF 21 for DEFENDANTS’ use of the ideas submitted by them within the Screenplay, the 22 Book, the DVD and/or any element therof. 23 33. Similarly, HOWARD expressed his interest in the Materials at the 24 2010 meeting, and communicated to PLAINTIFF that he wanted to play the role of 25 Ron Newt in a motion picture adaptation of PLAINTIFF’s life story and gave 26 PLAINTIFF the contact information of his manager to facilitate further 27 negotiations. At the time the Material was presented to DEFENDANTS, they were - 22 Case 2:15-cv-02778-CBM-JPR Document 24 Filed 08/24/15 Page 23 of 44 Page ID #:122 1 aware of the fact and agreed that the Material had been presented to them with a 2 clear understanding that if elements of the Screenplay were to be used by 3 DEFENDANTS, they must first obtain rights in and to the Material in exchange 4 for appropriate compensation to be agreed upon in accordance with entertainment 5 industry custom and practice. 6 34. Based on the expressed interest of DEFENDANT HOWARD and at 7 his instance and request, PLAINTIFF submitted to DEFENDANTS at the meeting, 8 orally and in writing, a novel idea for a screenplay, with the expectation, which 9 was fully and clearly understood by DEFENDANTS, that PLAINTIFF would be 10 11 compensated for its use by DEFENDANTS when and if DEFENDANTS used it. 35. When the Material was presented to DEFENDANTS through 12 HOWARD, they were aware of the fact that the Material had been presented to 13 him with a clear understanding that if any elements of the Screenplay, Book or 14 DVD were to be used by DEFENDANTS, they must first obtain rights from the 15 writer/copyright proprietor of the Screenplay, Book and DVD in exchange for 16 appropriate compensation in accordance with entertainment industry custom and 17 practice, and DEFENDANTS knew, or should have known, based on the parties’ 18 course of conduct including oral representations creating a reasonable expectation, 19 that the submission was conditioned on DEFENDANTS’ agreement to provide the 20 writer/copyright proprietor with such compensation. 21 36. Despite efforts by King Cisco, PLAINTIFF’s friend that arranged the 22 meeting 23 communications from HOWARD to PLAINTIFF regarding the project after 24 negotiations between King Cisco and PLAINTIFF broke down. 25 26 37. between PLAINTIFF and HOWARD there were no further To date, HOWARD never passed on the Screenplay and/or any of the Material submitted to him. Indeed, PLAINTIFF’s Material has never been 27 - 23 Case 2:15-cv-02778-CBM-JPR Document 24 Filed 08/24/15 Page 24 of 44 Page ID #:123 1 returned and PLAINTIFF is informed and believes that the Material is still in 2 HOWARD’s possession. 3 38. The submission of the Material to DEFENDANTS through 4 HOWARD was clearly conditioned on the agreement to compensate PLAINTIFF 5 for the use of the Materials, and DEFENDANTS knew, or should have known, that 6 PLAINTIFF’s submission was conditioned on their agreement to provide 7 PLAINTIFF’s with such compensation. 8 39. DEFENDANTS through HOWARD voluntarily accepted the 9 submission of the Material on PLAINTIFF’s terms, and the foregoing course of 10 conduct between the parties gave rise to an implied-in-fact contract between the 11 parties to the effect that DEFENDANTS would not exploit the Material without 12 compensating PLAINTIFF for DEFENDANTS’ use of the ideas submitted by 13 them within the Material. 14 40. PLAINTIFF is informed and believes, and on that basis alleges, that 15 in creating their television series “Empire,” DEFENDANTS actually used the ideas 16 and original elements contained in the Material previously submitted to 17 DEFENDANTS through HOWARD and that DEFENDANTS based their 18 television series “Empire” substantially upon the ideas of PLAINTIFF rather than 19 their own ideas or ideas from other sources. PLAINTIFF is informed and believes 20 that a non-exhaustive summary of substantial similarities including ideas and 21 concepts between the respective works based upon a review of the series “Empire” 22 includes but is not limited to: 23 (a) THEME 24 Each work has as a core theme of drama centering around the story of an 25 African American man with a history of violence raising himself and his three-sons 26 from the ghetto and a life of crime into the world of the music industry. 27 - 24 Case 2:15-cv-02778-CBM-JPR Document 24 Filed 08/24/15 Page 25 of 44 Page ID #:124 1 (b) PLOT 2 The plot in both works follows an African American man, his wife who 3 went to jail for dealing drugs to save her family, and their three sons who are 4 engaged in pursuing careers in the music industry. Both the Screenplay and the 5 Series focus in central part on the protagonist’s history of violence and crime, drug 6 dealing and pimping on the one hand and drug dealing on the other, the 7 protagonist’s struggle to maintain power in their world and achieve legitimacy and 8 success in the music industry. 9 (c) SETTING 10 The setting of each work takes place in a large urban setting, favors a lavish 11 “pimp” aesthetic and contains flashbacks to the ghetto of a different era. The house 12 owned by the lead character of “Empire” is virtually identical to the home owned 13 by PLAINTIFF and pictured in the book “Bigger Than Big.” (d) CHARACTERS 14 15 The lead characters, notwithstanding their names “Lucious Lyon” vs. 16 “Prince Diamond,” are strikingly similar. Both works feature as the lead character 17 a charismatic African American man, in his forties, who has risen from the ghetto 18 and a life of drug dealing and/or pimping that included multiple violent acts of 19 murder to tackle the world of the hip hop music industry as producers and through 20 the talents of their three sons. Other central characters include, the three sons and 21 their mother (“China Doll,” in “Bigger Than Big” and “Cookie” in the “Empire” 22 series) who has gone to jail for dealing drugs to sacrifice for the good of her family 23 and to keep the patriarch out of jail. Both “Lucious Lyon” and “Cookie,” the wife 24 character in the Empire Series wear clothing and groom themselves in styles that 25 are strikingly similar to the style and clothing worn and pictured in the book and 26 DVD “Bigger Than Big” by “Prince Diamond” and “China Doll.” 27 /// - 25 Case 2:15-cv-02778-CBM-JPR Document 24 Filed 08/24/15 Page 26 of 44 Page ID #:125 1 (e) MOOD 2 Both the Series and the Book/Screenplay have a similar mood in that they 3 are dramas that promote the excesses of a “pimp” lifestyle, sustain an undercurrent 4 of violence that threatens to and periodically does erupt through the tension, and 5 utilize hip hop music to enhance the drama and forward the action. 6 (f) PLOT/SCENE/DIALOGUE/CHARACTER SIMILARITIES 7 A non-exhaustive list of some of the specific plot, scene, dialogue and/or 8 character similarities between the Screenplay and/or Book and the Series, without 9 limitation, with referenced time codes and illustrative screenshots of “Empire” and 10 photographs contained in the Book is set forth below: 11 EMPIRE2 13 BIGGER THAN BIG/ALL THAT GLITTERS IS NOT GOLD 1. Ron Newt aka “Prince 14 Diamond’s” signature is wearing Ron Newt 15 style as depicted on the aka “Prince Diamond” 16 cover of the Book. style hair-do and silk 17 (Newt on right). scarf (Lyon on left). 12 04:53 “Lucious Lyon” 18 2. Ron Newt aka “Prince 19 20 21 22 23 24 25 Episode 8: (Written by Diamond’s” signature Danny Strong, style as pictured in his Directed by Danny Book: Long white and Strong) gold embroidered coat 31:06 “Lucious Lyon” with stand up collar. is wearing a Ron Newt (Ron Newt at right). aka “Prince Diamond” 26 27 2 All time stamp references were keyed to the series episodes utilizing AT&T U-verse. - 26 Case 2:15-cv-02778-CBM-JPR Document 24 Filed 08/24/15 Page 27 of 44 Page ID #:126 1 style long white coat 2 with gold buttons, and 3 gold embroidered stand 4 up collar. (Lyon on 5 left.) 6 7 3. Ron Newt aka “Prince 00:26 “Lucious Lyon” 8 Diamond’s” signature is wearing a Ron Newt 9 style as pictured in his aka “Prince Diamond” 10 Book: Newt pictured in a style grey silk jacket 11 grey silk jacket with a with a black floral 12 black floral pattern, on pattern. (Lyon on left). 13 right. 14 15 16 Episode 12 (Written 4. Ron Newt aka “Prince 17 Diamond’s” signature by Danny Strong & 18 style: white jacket with Ilene Chaiken) 19 silk scarve. (photo right). 01:10 “Lucious Lyon” 20 wears a Ron Newt aka 21 “Prince Diamond” 22 style white jacket and silk scarf. (Lyon left). 23 24 25 26 27 - 27 Case 2:15-cv-02778-CBM-JPR Document 24 Filed 08/24/15 Page 28 of 44 Page ID #:127 1 “Lucious Lyon” in a 5. “Bigger Than Big” 2 video footage of Ron flash back wears Ron 3 Newt shows him in Newt type street 4 street clothes and head clothes and head wear. 5 wear. (Lyon on left). 6 7 6. Artist rendition of Episode 1: 8 “China Doll” as depicted 15:40 “Cookie” looks 9 in Book on left. identical to “China 10 Doll” and sports a 11 similar type hat. 12 (Cookie on right). 13 14 15 16 17 Episode 6: 27:30 7. “China Doll’s” style is depicted in the Book. “Cookie” wears “China (See “China Doll” in fur Doll” style coat with collared coat on right). fur collar on left and “China Doll” style hair. 18 19 8. China Doll’s signature Episode 2 (Written by 20 style as pictured in the Danny Strong &Ilene 21 Book. Chaiken, Directed by 22 23 Lee Daniels) 49:17 “Cookie’s” dress 24 is “China Doll” style 25 dress. 26 27 - 28 Case 2:15-cv-02778-CBM-JPR Document 24 Filed 08/24/15 Page 29 of 44 Page ID #:128 1 9. “China Doll” shows up 2 to a business meeting in 04:16 “Cookie” shows 3 black lingere with up to family meeting in 4 garters, artist’s rendition black lingere with 5 of the event is portrayed garters, looks like 6 in the Book and pictured picture of “China Doll” 7 at left. at meeting in Book. 8 9 10 11 Episode 6: 02:52- 10. “Prince Diamond’s Castle” as pictured in the Episode 4: Book. 07:28 “Lucious Lyon’s” house. 12 13 14 15 16 17 18 Episode 9 : 19 11. Black gate of Ron Newt 20 aka “Prince Diamond’s” 05:24 Black gate at 21 house shown in “Lucious Lyon’s” 22 Documentary (02:31) house (photo bottom). 23 (photo top). 24 25 26 27 - 29 Case 2:15-cv-02778-CBM-JPR Document 24 Filed 08/24/15 Page 30 of 44 Page ID #:129 1 2 12. Photographs from the Publicity photographs 3 Book depict (from from the Series depict 4 bottom left) 1) Ron (from top left) 1) 5 Newt aka “Prince “Lucious Lyon” 6 Diamond” dressed in a dressed in a white suit 7 white suit and big cat (a with “Cookie” and a 8 tiger), 2) Ron Newt aka big cat (a lioness), 2) a 9 “Price Diamond” in dark screen shot from the 10 suit with “China Doll” Series shows “Lucious 11 dressed in all white, 3) Lyon” in dark suit and 12 Ron Newt aka “Prince “Cookie” dressed all in 13 Diamond” in the white, 3) photo of Lee 14 penitentiary with Daniels on set with 15 shirtless inmates. posted to his Instagram 16 account promoting 17 season 2 of the Series. 18 13. Book contains a hand Episode 9: 34:20 show 19 drawn story board of a down with guns drawn 20 show down (picture at at cars virtually 21 top). identical to one of Ron 22 Newt’s story boards. 23 24 25 26 27 - 30 Case 2:15-cv-02778-CBM-JPR Document 24 Filed 08/24/15 Page 31 of 44 Page ID #:130 1 2 Episode 8: 47:27 14. Bob puts gun to his own “Andre” puts gun to his head in DVD. 3 own head (right). 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Episode 1: 07:41 15. Ron Newt’s sons Hakeem Lyon is performed as the wearing Newtron “Newtron’s” in styled shades, gold sunglasses and gold chains, and hair cut as chains and pictured in depicted in Bigger the book (seen at right). Than Big. At white party 16. Ron Newt aka “Prince Diamond’s” sons dress “Lucious Lyon’s” sons like him in “Bigger than dressed like “Lucious” Big” in white jackets. (in Ron Newt aka “Prince Diamond’s” 18 “signature” jacket). 19 20 21 22 23 24 17. Ron Newt aka “Prince 25 Diamond” is in his 40s his 40’s, upon 26 in the Screenplay. information and belief “Lucious Lyon” is in HOWARD is 47 years 27 - 31 Case 2:15-cv-02778-CBM-JPR Document 24 Filed 08/24/15 Page 32 of 44 Page ID #:131 1 2 old. “Lucious Lyon” is an 18. Ron Newt aka “Prince 3 Diamond” is an entertainer, song 4 entertainer, song writer, writer, producer. 5 producer. 6 7 8 19. Ron Newt’s sons are Episode 1: 03:26 performers. “Lucious Lyon’s” sons 9 are performers. 10 20. Ron Newt aka “Prince 11 Diamond” was a furrier “Lucious Lyon” has 12 and manufactured clothing line. 13 clothing. 14 Episode 1: 05:13 Episode 1: 05:33 21. Ron Newt aka “Prince 15 Diamond” is friends with “Lucious Lyon” is 16 the mayor in “Bigger close friends with the 17 than Big.” president. 18 22. Ron Newt aka “Prince Episode 1: 05:47 19 Diamond” starts a life of “Lucious Lyon” starts 20 crime at age 9. a life of crime at age 9. 21 22 23 23. Ron Newt aka “Prince Episode 1: 05:47 24 Diamond” has troubled “Lucious Lyon” has 25 childhood. troubled childhood. 26 24. Ron Newt aka “Prince “Lucious Lyon” 27 - 32 Case 2:15-cv-02778-CBM-JPR Document 24 Filed 08/24/15 Page 33 of 44 Page ID #:132 1 Diamond” grooms his grooms his sons for 2 sons for show business show business 3 throughout “Bigger Than throughout “Empire” 4 Bigger.” series. 5 25. Ron Newt aka “Prince 6 Diamond” writes songs “Lucious Lyon” writes 7 for his sons in the Book songs for his son. 8 and Screenplay. Episode 1: 21:42 9 26. Ron Newt aka “Prince 10 Diamond” and “China “Lucious Lyon” and 11 Doll” are in the music “Cookie” are in the 12 business. music business. Episode 1: 24:47 13 14 15 27. Ron Newt aka “Prince Episode 1: 41.10 It’s 16 Diamond” kills 4 drug disclosed that “Lucious 17 dealers in “Bigger Than Lyon” killed 4 drug 18 Big.” dealers. Episode 1: 46:55 19 28. Ron Newt aka “Prince 20 Diamond” kills his “Lucious Lyon” kills 21 friend “Fast Eddie” in best friend “Bunkie.” 22 “Bigger Than Big.” 23 24 25 26 27 Episode 1: 48:33 29. Ron Newt aka “Prince Diamond” is a “Lucious Lyon” is a “womanizer” throughout “womanizer.” the book. - 33 Case 2:15-cv-02778-CBM-JPR Document 24 Filed 08/24/15 Page 34 of 44 Page ID #:133 1 30. Patti LaBelle at Lil’ Episode 3: 15:18 2 Ronnie’s funeral in Gladys Knight attends 3 “Bigger Than “Bunkie’s” funeral. 4 Big” (R&B diva from (R&B diva from the 5 the 70’s and 80’s with 70’s and 80’s with very 6 very flamboyant flamboyant 7 personality). personality). 8 9 10 11 12 13 14 31. Ron Newt aka “Prince Episode 4: 21:22 Diamond” makes music Lucious Lyon makes with his sons throughout music with his sons. the Book/Screenplay. 32. Ron Newt puts a hit on Episode 5 (Written by a character. Michael Spellman, Directed by John 15 Singleton) 16 17 A hit is put on a 18 character in this 19 20 21 22 23 24 25 26 27 episode. Episode 6: 43:50 33. Ron Newt aka “Prince Diamond” goes to jail in “Lucious Lyon” goes “Bigger Than Big.” to jail. “Lucious Lyon” 34. Ron Newt aka “Prince questioned by police. Diamond” questioned by police throughout the Book/Screenplay. - 34 Case 2:15-cv-02778-CBM-JPR Document 24 Filed 08/24/15 Page 35 of 44 Page ID #:134 1 “Cookie” interrogated 35. “China Doll” 2 interrogated by police by police throughout 3 during chapter “The season 1. 4 School Drug Bust.” 5 6 36. Ron Newt aka “Prince “Lucious Lyon’s” 7 Diamond’s” house is house was raided. 8 raided in “Bigger Than 9 Big.” 10 11 12 13 14 15 16 17 18 “Cookie” was 37. “China Doll” was (mugged) robbed. robbed in chapter 7 of the Book: “A Kill For A Thrill.” 38. Hunter’s Point of San Hunt’s Point in NY a Francisco a location location reference in reference in Bigger than “Empire.” Big. Lucious Lyon’s 39. Ron Newt’s antagonist 19 is a record executive in antagonist is a music 20 “Bigger Than Big.” executive. 21 22 23 24 A teaser from Season 40. Ron Newt is broken out two reveals that of jail by his sons. 25 Lucious Lyon will be 26 broken out of jail (by 27 - 35 Case 2:15-cv-02778-CBM-JPR Document 24 Filed 08/24/15 Page 36 of 44 Page ID #:135 1 one of his sons). 2 3 41. The ideas contained in the Material have value, the amount of which 4 PLAINTIFF is informed and believes exceeds the jurisdictional limits of this 5 Court. 6 42. PLAINTIFF is informed and believes and on that basis alleges that 7 DEFENDANTS breached the foregoing implied-in-fact contract to PLAINTIFF’s 8 detriment by exploiting the Material to the exclusion of PLAINTIFF. 9 43. By reason of DEFENDANTS’ breach of the aforementioned implied- 10 in-fact contract, PLAINTIFF has sustained and will continue to sustain substantial 11 injury, entitling PLAINTIFF to an award of compensatory damages in an amount 12 to be determined but on information and belief, but which Plaintiff believes may 13 equal or exceed $10,000,000. 14 15 16 17 PRAYER FOR RELIEF WHEREFORE, PLAINTIFF prays for judgment against the DEFENDANTS as follows: 18 19 20 21 22 ON THE FIRST CLAIM FOR RELIEF 1. That the Court find that DEFENDANTS have infringed PLAINTIFF’s copyrights in the Screenplay. 2. That the Court find a substantial likelihood that DEFENDANTS will 23 continue to infringe PLAINTIFF’s copyrights in the Screenplay unless enjoined 24 from doing so. 25 3. That DEFENDANTS, their directors and officers, agents, servants, 26 employees, and all other persons in active concert or privity or in participation with 27 them, be enjoined from directly or indirectly infringing PLAINTIFF’s copyrights - 36 Case 2:15-cv-02778-CBM-JPR Document 24 Filed 08/24/15 Page 37 of 44 Page ID #:136 1 in the Screenplay or continuing to market, offer, sell, dispose of, license, lease, 2 transfer, display, advertise, reproduce, develop or manufacture any works derived 3 or copied from the Screenplay or to participate or assist in any such activity. 4 4. That DEFENDANTS, their directors and officers, agents, servants, 5 employees, and all other persons in active concert or privity or in participation with 6 them, be enjoined to return to PLAINTIFF any and all originals, copies, facsimiles, 7 or duplicates of the Screenplay in their possession, custody or control. 8 5. That DEFENDANTS, their directors and officers, agents, servants, 9 employees, and all other persons in active concert or privity or in participation with 10 them, be enjoined to recall from all distributors, wholesalers, jobbers, dealers, 11 retailers, and distributors, and all others known to DEFENDANTS, any originals, 12 copies, facsimiles, or duplicates of any works shown by the evidence to infringe 13 any copyright in the Screenplay. 14 6. That DEFENDANTS be enjoined to deliver upon oath, to be 15 impounded during the pendency of this action and destroyed pursuant to judgment 16 herein, all originals, copies, facsimiles, or duplicates of any work shown by the 17 evidence to infringe any copyright in the Screenplay. 18 7. That DEFENDANTS be required to file with the Court and to serve 19 on PLAINTIFF, within 30 days after service of the Court’s order as herein prayed, 20 a report in writing under oath setting forth in detail the manner and form in which 21 DEFENDANTS have complied with the Court’s order. 22 8. That at Plaintiff’s election, if so made, judgment be entered for 23 PLAINTIFF and against DEFENDANTS for PLAINTIFF’s actual damages 24 according to proof, and for any profits attributable to infringements of 25 PLAINTIFF’S copyrights, in accordance with proof. 26 27 9. That at Plaintiff’s election, if so made, judgment be entered for PLAINTIFF and against DEFENDANTS for statutory damages based upon - 37 Case 2:15-cv-02778-CBM-JPR Document 24 Filed 08/24/15 Page 38 of 44 Page ID #:137 1 DEFENDANTS’ acts of infringement, pursuant to the Copyright Act of 1976, 17 2 U.S.C. §§ 101, et seq. 3 10. That DEFENDANTS be required to account for all gains, profits, and 4 advantages derived from its acts of infringement and for their other violations of 5 law. 6 11. That all gains, profits and advantages derived by DEFENDANTS 7 from their acts of infringement and other violations of law be deemed to be held in 8 constructive trust for the benefit of PLAINTIFF. 9 10 11 12 12. That PLAINTIFF have judgment against DEFENDANTS for PLAINTIFF’s costs and attorneys’ fees. 13. That the Court grant such other, further, and different relief as the Court deems proper under the circumstances. 13 14 15 16 ON THE SECOND CLAIM FOR RELIEF 14. For contractual damages in an amount to be determined but on information and belief believed may equal or exceed $10,000,000. 17 15. For costs of suit herein incurred. 18 16. For such other and further relief as the Court may deem just and 19 proper. 20 21 Dated: August 24, 2015 ABRAMS COATE LLP 22 By:__/s/ Charles M. Coate_______ Charles M. Coate Attorneys for Plaintiff RON NEWT 23 24 25 26 27 - 38 Case Document 24 Filed 08/24/15 Page 39 of 44 Page ID #:138 514115 573 legalzaom" August 14, 2015 Ron Newt 1510 Ocean Ave. San Francisco, CA 94112 Order 39769359 DearRon: Congratulationsl Your application for copyright registration for "All That Glitters is not Gold script of the book bigger than big" has been submitted electronically to the U.S. Copyright Office. A copy of the application is enclosed for your records. Also included is a copy of the UPS Tracking receipt confirming that your deposit materials were successfully delivered to the U.S. Copyright Office. Please Note: Your materials are not registered until you reseive a certificate of registration and registration number from the U5. Copyright Of?ce indicating that the work has been registered. The time the U.5. Copyright Of?ce requires to process an application varies and can take months. If your work is determined to be copyrightable and meets all legal and procedural requirements for registration, the U.S. Copyright Of?ce will send the registration certificate to the individual or organization listed under "Mail Certificate" in your application. If you have any questions or would like additional information, please call us at (800} 77'3-0888 Monday?Friday from and Saturday from PT, or you can email us at customercare@legalzoomcom. We appreciate you choosing LegalZoom and look forward to serving you again soon. Sincerely, The LegalZoom Team 9908 Spectrum Dr. Misc-rm TX rel 0888 -39 Registration Case Document 24 Filed 08/24/15 Page 40 of 44 Page ID #:139 Service Request 1?2628491739 Mail Certificate Ron Newt 1510 Ocean Ave. San Francisco, CA 94l12 United States Priority: Routine Applicatian Date: August It), 2015 Correspondent Name: Ron Newt Email: rickeyscales@yahoo.com Telephone: (415)374-437? Address: 1510 Ocean Ave. San Francisco, CA 94112 United States -40 Title Case Document 24 Filed 08/24/15 Page 41 of 44 Page ID #:140 Registration Number Title of Work: Previous or Alternate Title: Completioanublication Year of Completion: Date of Publication: Nation of 1? Publication: All That Glitters is not Gold script ofthe book bigger than big Bigger Than big 1993 June 23, 1998 United States Author I Author: Ron Newt Author Created: entire motion picture, Work made for hire: No Citizen of: United States Year Born: 1949 Copyright Claimant Cupyright Claimant: Ron Newt 1510 Ocean Ave, San Francisco, CA, 94] I2, United States Certification Name: Giovanna Richardson Date: August 10, 2015 Applicant's Tracking Number: 39769359 Page 1 of] -41 Case Document 24 Filed 08/24/15 Page 42 of 44 Page ID #:141 UPS: Tracking Information UHitE?d States NewUser i Log-In I ContactUPSv TheUPSStore My Shipping Tracking Freight Locations Support UPS Solutions Save up to 18% on UPS shipping for your business. Sign up and start saving in your first week of shipping. Sig" I Tracking Number Tm Login for additional tracking details. Updated: GEN-49015 3146 Easian Time Need more Deiivered GD information? Delivered On: Thursday, 08? $2015 at 10:13 AM. Left At: Dock To: Signed By: WASHINGTON, DC. US GREEN Baotomelmm What time will your package . be delivered to your home? Continue Get FREE approximate Delivery Windows on most packages I Pickup padzages for FREE at The UPS Store and UPS Point location - -. .- - i WASHINGTON. DC. us Dariaizois 10:13 AM. Delivered I - 5'3" "95 ?r (?we 1? Landover, MD, United States 7:46 AM. Out For Delivery I Dariaizois 6:03 AM. Arrlval Scan 08f13i2015 6:131 AM. Departure Scan 5:49 AM. Arrival Scan Philadelphia. PA. United States DBI13I2015 3:27 AM. Departure Scan Philadelphia, PA. United States OEJ12I2015 9:00 AM. Arrival Sean Linthicurn. MD. United States 05r12!2015 6:59 AM. Departure Scan 08f12r2015 5:42 AM. Arrival Sean Rockford, IL, United States 2:49 AM. Departure Scan Rockford, IL, United States 08t11i?2015 11:4? PM. Arrival Scan DFW Airport, TX. United States 08l1112015 9:49 PM. Departure Scan 12:35 PM. Arrival Scan 2 Ontario. CA. United States OBI11J2015 7:43 AM. Departure Scan 7 4&0 I 5 12:46: 53 -42 Case Document 24 Filed 08/24/15 Page 43 of 44 Page ID #:142 P5: Tracking Infarmalion I 03:11:2015 Am'varscan i' Los Angeles. CA, United States 12:4? AM. Departure Scan L05 Angeles. CA. United States 08f10f2015 10:15 PM. Origin Scan United States 03:11:2015 7:56 PM. Order Processed: Ready for UPS Multiple Packages: 3 ShippadIBilled On: DBI1132015 Type: Package Weight: 5.00 (- Back to Tracking Summary 12:46:53- -43 Case Document 24 Filed 08/24/15 Page 44 of 44 Page ID #:143 Tracking Inl'unnmion Matted H??llh??L? ?w?mt a . lrsnalamambsua? ?Wm? WM Mme? Follow us: UPS LINKED PRDELIH a a Hams: Wm Em Emma] LLESLEIQQ WW WE i i Copy-right c: 1994?2015 United Parcel Servlce of America, Inc. NI rights Reserved. 4001 5 I 2:46:53 -44