Case Document 1 Filed 02/09/18 Page 1 of 15 

 

 

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

   

Christian Chariots

 

 

 

 

Write the full name of each plaintiff. CV .
(inciude case number if one has been
assigned}
against-
COMPLAINT
Piease see attached.
DO you want a jury g1":

 

Yes No



 

 

Write the full name of each defendant. if you need more
space, please write ?see attached? in the space above and 
attach an. additional sheet of paper with the full list of Hi
names. The names listed above must be identical to those

contained in Section ii.

 

 

NOTICE

The pubiic can access eiectronic court ?les. For privacy and security reasons, papers ?led
with the court should therefore not contain: an individual?s fuil social security number or fuli
birth date; the fuli name of a person known to be a minor; or a complete ?nancial account
number. A ?iing may include only: the last four digits of a social security number; the year of
an individuai?s birth; a miner?s initials; and the last four digits of a ?nancial account number.
See Federal Ruie of Civil Procedure 5.2.

 

 

Rev. 1f9/17

Case Document 1 Filed 02/09/18 Page 2 of 15

?Against-

Defeodant 1: Jerry Seinfeld
211 Central Park West
19th and 201th Floor
New York, NY 10024

Defendant 2: Columbus 81 Productions, inc.
(and New Material, LL C)
685 Third Avenue
Katonah, New York 10536

Defendant 3: Embassy Row
Michael Davies, CEO
325 Hudson Street, Ste. 601
New York, NY 10013

Defendant 4: Comedians in Cars, LLC
10 Meadow Brook Road
Katonah, New York 10536

Defendant 5: Sony Pictures Television Inc.
Comedians in Cars, LLC
10202 West Washington Boufevard
Culver City, CA 90232-3195

Defendant 6: Netflix loos ..
100 Winchester Circle
Los Gatos, CA 95032

Case Document 1 Filed 02/09/18 Page 3 of 15

I. BASIS FOR JURISDICTION

Federal courts are courts of limited jurisdiction (limited power). Generally, only two types of
cases can be heard in federal court: cases involving a federal question and cases involving
diversity of citizenship of the parties. Under 28 U.S.C. 1331, a case arising under the United
States Constitution or federal laws or treaties is a federal question case. Under 28 U.S.C. 1332,
a case in which a citizen of one State sues a citizen of another State or nation, and the amount
in controversy is more than $75,000, is a diversity case. in a diversity case, no defendant may
be a citizen of the same State as any plaintiff.

What is the basis for federal~coortjurisdiction in your case?
Federal Question
Cl Diversity of Citizenship

A. If you checked Federal Question

Which of your federal constitutional or federal statutory rights have been violated?

Copyright Act of 19176

 

Piease see attached for compiete ?st.

 

 

 

B. If you checked Diversity of Citizenship
1. Citizenship of the parties
Of what State is each party a citizen?

The plaintiff is a citizen of the State of
(Piaintiff?s name)

 

 

 

(State in which the person resides and intends to remain.)

or, if not lawfully admitted for permanent residence in the United States, a citizen or
subject of the foreign state of

 

if more than one plaintiff is named in the complaint, attach additional pages providing
information for each additional plaintiff.

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 Case Document 1 Filed 02/09/18 Page 4 of 15
Christian Charles, Pro Se, 9 Feb 2018

 

 

Case Document 1 Filed 02/09/18 Page 5 of 15

if the defendant is an individual:

The defendant, is a citizen of the State of
{Defendant?s name) 

 

 

or, if not lawfully admitted for permanent residence in the United States, a citizen or
subject of the foreign state of

 

if the defendant is a corporation:

The defendant, is incorporated under the laws of

 

the State of

 

and has its principal place of business in the State of

 

or is incorporated under the laws of (foreign state)

 

and has its principal place of business in

 

if more than one defendant is named in the complaint, attach additional pages providing
information for each additional defendant.

II. PARTIES

A. Plaintiff Information

Provide the following information for each plaintiff named in the complaint. Attach additional
pages if needed.

Christian Charles

 

First Name Middle initial Last Name

115 Perry Street, 68

 

 

 

 

Street Address
New York County, New York New York 100144.329
County, City State Zip Code
212 675 1310 ohristien@chrietiancharies.com
Telephone Number Email Address (if available)

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Case Document 1 Filed 02/09/18 Page 6 of 15

B. Defendant Information

To the best of your ability, provide addresses where each defendant may be served. If the
correct information is not provided, it could delay or prevent service of the complaint on the
defendant. Make sure that the defendants listed below are the same as those listed in the
caption. Attach additional pages if needed.

Defendant 1: Jerry Seinfeld
First Name ?Last Name
Stand Up Comedian
Current Job Title (or other identifying information)
The Beresford, 211 Centre! Park West, 19th and 20th Floor
Current Work Address (or other address where defendant may be served)

 

 

New York County, New York NY 10024
County, City State Zip Code
Defendant 2: SEE ATTACHED PAGES FOR DEF 
First Nanie Last Name

 

Current Job Title (or other identifying information)

 

Current Work Address (or other address where defendant may be served)

 

County, City State Zip Code

Defendant 3:

 

First Name Last Name

 

Current Job Title {or other identifying information)

 

Current Work Address (or other address where defendant may be served)

 

County, City State Zip Code

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Case Document 1 Filed 02/09/18 Page 7 of 15

ll. PARTIES (cont)

Defendant information #26

Defendant 2: Columbus 81 Productions, inc.
(and New Material, LL 0)
685 Third Avenue
Katonah, New York 10536

Befendant 3: Embassy Row
Michael Davies, CEO
325 Hudson Street, Ste. 601
New York, NY 10013

Defendant 4: Comedians in Cars, LLC
10 Meadow Brook Road
Katonah, New York 10536

Defendant 5: Sony Pictures Television inc.
Comedians In Cars, LLC
10202 West Washington Boulevard
Culver City, CA 90232-3195

Defendant 6: Netflix (Headquarters)
100 Winchester Circle
Los Gatos, CA 95032

Case Document 1 Filed 02/09/18 Page 8 of 15

Defendant 4:

 

First Name Last Name

 

Current Job Title {or other identifying information)

 

Cu rreot Work Address (or other address where defendant may be served)

 

County, City State "Zip Code

STATEMENT OF CLAIM

Place(s) of occurrence: New York

Date(s) of occurrence: 2012 to present ongoing violations 10 January 2018 Jay Letter (date claim became ripe.)

 

FACTS:

State here briefly the FACTS that support your case. Describe what happened, how you were
harmed, and what each defendant personally did or failed to do that harmed you. Attach
additional pages if needed.

Please see attached pages.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Case Document 1 Filed 02/09/18 Page 9 of 15

Christian Charles, Pro Se, 9 Feb 2018

 

10.

I created, directed and produced, fixing in tangible forms, the proof-of~concept and pilot
upon which the series "Comedians In Cars Getting Coffee? (US Registration

2055?60) is based, with the expectation that i would participate in the production,

profits and royalties of my creation.

Defendants do not have any license, authorization, permission or consent to use my
creation.

I have never, at any time or in any form, waived my rights or claims to my creation
?Comedians In Cars Getting Coffee".

Throughout my 18 year working relationship with Jerry Seinfeld, have repeatedly created
ideas around his personality and attributes as a celebrity and comedian.

My work and development on the concept began in 2000 in response to filming Seinfeld ?3
return to New York City after a cross?country road trip he had taken in a Volkswagen
Beetle with a friend. The filming was in connection with "Comedian?, a documentary
feature film about Jerry Seinfeld which i cocreated and directed. My longtime collaborator
and producer Gary Strainer, a seasoned and awardawinning film and commercial veteran
of motion picture, proceeded to do extensive research on camera equipment as well as
the logistics of uninterrupted filming in cars in support of my development of the show, at
the time called ?Two Stupid Guys In A Stupid Car Driving To A Stupid Town?, also called
Bug?.

in 2002, New York, shortly after the premiere of my feature film ?Comedian?, formally
pitched this new car talk show to Seinfeld with Streiner?s technical support. Seinfeld
rejected it, expressing that he didn?t want to do another TV Show.

The pitch that I presented was made with the intent and confidence that Seinfeld, if
agreeing to the ideas and material presented, would partner and produce the Show with
Strainer and l, as we had done with ?Comedian?, our feature documentary.

Between 2002 and 20-1-0, Seinfeld and continued to collaborate creatively on many more
projects and enjoyed a strong, award~winning relationship. Seinfeld consistently worked
with me to write, develop, direct, and produce projects in which he starred.

In July 2011, after his show ?The Marriage Ref? came to an end, Seinfeld emailed me and
met with me to discuss the car talk show idea in Southampton, NY. He asked if i would
help him work on. deveIOping the show, as well as produce and direct the show. I reminded
him that the idea we were discussing was the same idea pitched to him in 2002. Seinfeld
said he was under pressure from his reps Shapiro and West to come up with a new show
rather than pursuing syndication of his show ?The Marriage Ref? in international markets.
He further expressed the need to re~secure his financial situation.

Based on our meeting, lthen invested substantial time, money and resources to update
my concept and production approach to suit the latest camera equipment and technology,

Case Document 1 Filed 02/09/18 Page 10 of 15

Christian Charies, Pro Se, 9 Feb 2018

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

further developing the show "Comedians ln Cars Getting Coffee" as well as performing my
routine processes as a director in preparation for a test shoot.

I shared my concept treatment (?The Treatment?), synopsis, script and camera shot list
with Seinfeld. It was at this point that Seinfeld said that he wanted me to proceed with
shooting a test pilot for which he would contribute a portion of the cost.

Bob Fisher, rny producer on the job, a well-respected and award~winning film and
commercial veteran of motion picture, oversaw all aspects of the production working solely
off the multiple materials I had created, as was and is consistent with my development and
directing process.

My crew and I shot footage over a few days in early October 2011. The sheet took place
in. the New York - New Jersey metro area,

During the shoot, Seinfeld called me and expressed that he no longer wanted to do the
Show, stating don?t know what it is?.

l, along with continued support from my production and post~production crew, proceeded
without him. shot additional footage and created an edit of a pilot episode of "Comedians
In Cars Getting Coffee? as proof-of~concept of the Show. The resulting completed edit of
the Show is reflective of my visual style and creative approach as a writer and film

director.

I shared the completed edit with Seinfeld with the hope of changing his mind about the
Show.

Upon seeing the proof of concept filmipilot, Seinfeld and his rep?s George Shapiro and
Howard West agreed with and excitedly supported my vision for the Show and began
working on setting up meetings to exploit "Comedians in Cars Getting Coffee?.

A pitch meeting was then set up with EMBASSY ROW in New York. Seinfeld and
dismissed strategy prior to the meeting and together, we successfully pitched my
completed edit of the test shootrpilct to EMBASSY ROW.

ln good faith, my company then shared a series budget, production guide and all of our
learnings to Seinfeld, and EMBASSY BOW at their request. it was our
understanding that my production company and were working on the Show.

My company and I also began prepping and location scouting for a follow-up episode
featuring Alec Baldwin.

The materials along with my and my company mooseFtOAFi?s creative and. marketing
vision were useful, instructive and essential to the success of ?Comedians In Cars Getting
Coffee" and Jerry Seinfeld as host of the Show.

. My reps at William Morris Endeavor and HeI-loi Co started discussions to ?nalize terms

with Seinfeld and EMBASSY requesting expressed agreements.

Case Document 1 Filed 02/09/18 Page 11 of 15

I Christian Charles, Pro Se, 9 Feb 2018

23.

24.

25.

26.

27.

28.

29.

30.

31.

When Seinfeld heard that my reps were negotiating creative contribution and backend
participation terms, his response was an irrational belief that only he deserved any form of
credit for the show. In a phone call exchange between Seinfeld and l, Seinfeld expressed
outrage at the notion that I should participate as anything more than a work?foruhire
director, even though it was my concept, development and completed production: that
gained the deal with SONY. I attempted to reason with Seinfeld but the call ended with
him yelling and hanging up.

I emailed to suggest a second phone call with Seinfeld. On that call, he reiterated that I
would make money off of director?s tees for shooting each episode of "Comedians in Cars
Getting Coffee?. I disagreed. I expressed that was a creative partner and not work-for-
hire. The call; ended with Seinfeld yelling and calling me ungrateful and out-of-line.

After the call, i, and my company, were assured by Seinfeld?s rep George Shapiro that
once Jerry calmed down this would all blow over and that the relationship and
collaboration would continue. This sentiment was supported by Seinfeld ?s sister Carolyn
Liebling.

Thereafter, instead of lawfully acquiring the material and compensating me for my work,
Seinfeld and SONY/Defendants willfully and swiftly moved forward with the Show without
obtaining a chain-of?title or release paperwork for the concept; shutting me out. I was
given no information as to the next steps for the project.

I am aware, as Seinfeld?s attorney Jay Cooper noted in his letter on 1.0 January 2018, that
my company and its partners needed to recoup production expenses in April 2012. As
expressed in my letter dated 19 January 2018 in response to Cooper's letter: I have
never, at anytime or in any form, waived rights or claims to my show.

I was not work~for-hire during my collaboration with Seinfeld from 2011-2012. Neither l,
nor my company discussed work-?for?hire arrangements. We never received, reviewed or
executed contractual paperwork; no expressed agreements were ever exchanged
between the parties in relation to the Show ?Comedians in Cars Getting Coffee?.

There has never been any effort on Seinfeld?s part or EMBASSY ROW, as a production
service company, to obtain the standard and necessary chain-chads assignment or
transfer of copyright for my work or my company?s involvement.

There has never been a copyright assignment secured by Seinfeld, SONY or NETFLIX on
the original test shoot/pilot I created for the show.

It is my understanding that copyright is effective as soon as an original work is fixed in a
tangible medium of expression. and that copyright law protects the original works of
authorship from unauthorized copying and reproduction. It protects those who have no
stature, no means, no influence, no power, and no resources by giving them opportunity to
advance themselves and society.

Case Document 1 Filed 02/09/18 Page 12 of 15

I Christian Cherries, Pro Se, 9 Feb 2018

32understanding that agreements in commercial endeavors serve to fix the rights
and duties between parties and to prevent the deprivation of creative and financial benefits
gained.

in my work in the entertainment industry, creators and producers customarily submit their
original work and written materials to one another with the understanding that, if ideas or

materials are used, there will be compensation to the creator-author and the contributing

parties for their ideas or material.

Such an understanding for compensation existed along with an implied-infect contract
with backend participation between myself and Seinfeld. There is precedent for this in
earlier projects between myself and Seinfeld, namely the feature documentary ?Comedian?
for which Seinfeld and his team offered myself and Gary Strainer a 50/50 split of profits.

Furthermore, Seinfeld and I generally understood that when we collaborated, ideas and
materials were disclosed in confidence and were not to be disclosed to others or used
beyond the limits of the confidence without prior consent.

Contrary to industry practice, ?Comedians in Cars Getting Coffee?, leaves out all credits
from each episode a professional courtesy and oft negotiated contract term which
creators, writers and production crew rely heavily upon for recognition of their work and
artistic ability. In the press and awards recognition, Seinfeld consistently ciairns sole credit
for ?Comedians ln Cars Getting Coffee?. Expl?icitly and implicitly, Seinfeld expresses in
interviews that he alone created, directed and produced the Show. Seinfeld knowingly
deprives me of my due credit. He has failed to attribute, compensate and recognize me,
the true creates-author behind the series.

in June of 2016, Seinfeld said to a mutual colleague that there ?[was] no money in the
Show?. I have learned that as of July 2017, Seinfeld has earned millions of sponsorship
and advertising dollars paid by Acura over the course of five years. lnsiders? state publicly
that SONY used the Show to buoy its digital platform CRACKLE, earning substantial
revenue in. advertising, support and viewership of titles.

On information and belief, Seinfeld, as of mid-January of 2017 has sold ?Comedians In
Cars Getting Coffee? to as part of a deal worth upwards of $100 million; Seinfeld
himself is likely to be paid an estimated $750,000 per new NETFLIX episode.

Seinfeld has exploited my work to gain enormous financial success and advantage without
appropriate payment or regard for my participation and efforts. Over the past few years,
We reached out and made myself accessible to production while also attempting to
directly address my differences with Seinfeld. He has had both time and Opportunity to find
a reasonable resolution.

Case Document 1 Filed 02/09/18 Page 13 of 15

 

 

 

 

 

 

 

 

 

 

INJURIES:

If you were injured as a result of these actions, describe your injuries and what medical
treatment, if any, you required and received.

Please see attached pages.

 

 

 

 

 

IV. RELIEF

State briefly what money damages or other relief you want the court to order.

(Against AH Defendants)

 

?Recognition by way of screen credit ?Created By Christian Charles? on produced, reproduced, distributed, performed and

 

prepared derivative works, in any and alt media, including but not limited to marketing, now known or hereafter devised

 

?Financier participation and appropriate compensation for on produced, reproduced, distributed, performed and

 

preparer: derivative works, in any and all media, now brown or hereafter devised

 

?Direct, consequential, punitive damages

?Any further relief that the Court deems just and proper

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Case Document 1 Filed 02/09/18 Page 14 of 15
Christian Cherries, Pro Se, 9 Feb 2038

(All Defendants)

Defendant 1: Jerry Seinfeld
Jerry Seinfeld ?s actions have deprived me of my due share in profits, damaged my
reputation and unfairly injured my livelihood.

Defendant 2: Columbus 81 Productions, Inc,, New Material, LLC
As CEO of Columbus 81 Productions, Jerry Seinfeld ?s actions have deprived me of my
due share in profits, damaged my reputation and unfairly injured my livelihood.

Defendant 3: Embassy Row
A production service company, Embassy Row and its officer Michael Davies? actions have
deprived me of my due share in profits, damaged my reputation and unfairly injured: my
livelihood.

Defendant 4: Comedians in Cars, LLC
failure to seek authorization, license, permission or consent to use my creation have
deprived me of my due share in profits, damaged my reputation and unfairly injured my
livelihood.

Defendant 5: Sony Pictures Television Inc.
Its failure to seek authorization, license, permission or consent to use my creation have
deprived me of my due share in profits, damaged my reputation and unfairly injured my
livelihood.

Defendant 6: Netflix, inc
its failure to seek authorization, license, permission or consent to use my creation have
deprived me of my due share in profits, damaged my reputation. and unfairly injured my
livelihood.

 

Case Document 1 Filed 02/09/18 Page 15 of 15

V. CERTIFICATION AND WARNINGS

By signing below, I certify to the best of my knowledge, infoma?on, and belief that: (1) the
complaint is not being presented for an improper purpose (such as to harass, cause
unnecessary delay, or needlessly increase the cost of litigation); (2) the claims are supported
by existing law or by a nonfrivolous argument to change existing law; (3) the factual
contentions have evidentiary support or, if speci?cally so identi?ed, will likely have
evidentiary support after a reasonable opportunity for further investigation or discovery;
and (4) the complaint otherwise complies with the requirements of Federal Rule of Civil
Procedure 11.

I agree to notify the Clerk?s Of?ce in writing of any changes to my mailing address. I
understand that my failure to keep a current address on ?le with the Clerk?s Of?ce may
result in the dismissal of my case.

Each Plaintiff must sign and date the complaint. Attach additional pages if necessary. if seeking to
proceed without prepayment of fees, each plaintiff must also submit an ap lication.

9 February 2018 


?Dated Plairltit?{5ignaturen

Christian Charles
First Name Middle initial Last Name

115 Perry Street, #68

Stre et Address
New York County, New York NY 10014?2329
County, City State Zip Code

1 917 856 4345 onristian@ohristianoharies,oom
Telephone Number Email Address (if available)

Ihave read the Pro Se (Nonprisoner) Consent to Receive Documents Electronicallyconsent to receive documents electronically, submit the completed form with your
complaint. if you do not consent, please do not attach the form.

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