Download sarver-complaint-nj-version-final-03-02-2010-w-correct-case-.pdf

Contents : 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LINDA GEORGE 577 Summit Avenue Hackensack NJ 07601 Telephone: (201) 487-5225 Fax: (201) 487-8807 lgdefense@yahoo.com Attorney for Plaintiff UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY SGT. JEFFREY S. SARVER Plaintiff v THE HURT LOCKER LLC MARK BOAL KATHRYN BIGELOW GREG SHAPIRO NICOLAS CHARTIER TONY MARK DONALL McCUSKER SUMMIT ENTERTAINMENT LLC VOLTAGE PICTURES LLC GROSVENOR PARK MEDIA LP FIRST LIGHT PRODUCTIONS INC. KINGSGATE FILMS INC. and PLAYBOY ENTERPRISES INC. Jointly and Severally Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 2:33-av-00001 PLAINTIFF'S COMPLAINT AND DEMAND FOR JURY TRIAL NOW COMES Plaintiff SGT. JEFFREY SARVER by and through his attorney LINDA GEORGE and for his Complaint against the above-named Defendants states as follows: 1 1 2 3 4 5 6 7 3. 8 9 10 11 12 13 14 conducting business in the state of California. 15 16 17 18 19 20 21 22 was and is a resident of the state of California conducting business in the state of California 23 24 25 26 27 28 serving as the registered agent for Defendants HURT LOCKER and VOLTAGE PICTURES and the current CEO of Defendant VOLTAGE PICTURES. 8. At all times relevant Defendant TONY MARK (hereinafter "MARK") was and is a 5. At all times relevant Defendant KATHRYN BIGELOW (hereinafter "BIGELOW") LOCKER") was and is a California Limited Liability Corporation having its principal office and headquarters in the city of Los Angeles state of California and conducting business in the state of California. 4. At all times relevant Defendant MARK D. BOAL (hereinafter "BOAL") was and is At all times relevant Defendant THE HURT LOCKER LLC (hereinafter "HURT Jersey. 1. JURISDICTION AND VENUE Plaintiff SGT. JEFFREY SARVER (hereinafter "Plaintiff) is a resident of the city of Clarksville state of Tennessee and has been since August of 2009. 2. At all times relevant Plaintiff was a resident of the city of Dover State of New a citizen and resident of the city of New York county of New York state of New York and was and is a citizen and resident of the state of California conducting business in the state of California. 6. At all times relevant Defendant GREG SHAPIRO (hereinafter "SHAPIRO") was and is a citizen and resident of the state of California conducting business in the state of California. 7. At all times relevant Defendant NICOLAS CHARTIER (hereinafter "CHARTIER") resident of the state of California conducting business in the state of California. 2 1 2 3 4 5 6 7 9. At all time relevant Defendant DONALL McCUSKER (hereinafter "McCUSKER") was and is a resident of the state of California conducting business in the state of California. 10. At all times relevant Defendant SUMMIT ENTERTAINMENT LLC (hereinafter "SUMMIT ENTERTAINMENT") was and is a California Limited Liability Corporation having its principal office and headquarters in the city of Universal City state of California and conducting business in the state of California. 8 9 10 11 12 13 14 "GROSVENOR PARK MEDIA") was and is a California Limited Partnership having its principal 15 16 17 18 19 20 21 22 14. 23 24 25 26 27 28 3 "KINGSGATE FILMS") was and is a California Corporation having its principal office and headquarters in the city of Los Angeles state of California conducting business in the state of California. At all times relevant Defendant KINGSGATE FILMS INC. (hereinafter office and headquarters in the city of Santa Monica California and conducting business in the state of California. 13. At all times relevant Defendant FIRST LIGHT PRODUCTIONS INC. (hereinafter 11. At all times relevant Defendant VOLTAGE PICTURES LLC (hereinafter "VOLTAGE PICTURES") was and is a California Limited Liability Corporation having its principal office and headquarters in the city of Los Angeles California and conducting business in the state of California. 12. At all time relevant Defendant GROSVENOR PARK MEDIA LP (hereinafter "FIRST LIGHT PRODUCTIONS") was and is a California Corporation having its principal office and headquarters in the city of Los Angeles state of California conducting business in the state of California. 1 2 3 4 5 6 7 15. At all times relevant Defendant PLAYBOY ENTERPRISES INC. (hereinafter "PLAYBOY") was and is an Illinois corporation having its principal office and headquarters in the city of Chicago state of Illinois and conducting business in the state of California. 16. There is complete diversity of citizenship between the Plaintiff and the Defendants and the matter in controversy well exceeds exclusive of interest and costs the jurisdictional sum of $75 000.00. Therefore this court has subject matter jurisdiction over this action pursuant to 28 USC 1332(a). 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 GROSVENOR PARK MEDIA FIRST LIGHT PRODUCTIONS and/or KINGSGATE FILMS 23 24 25 26 27 28 4 and at all times were acting within the course and scope of said employment / agency relationship thereby rendering Defendants HURT LOCKER SUMMIT ENTERTAINMENT VOLTAGE PICTURES GROSVENOR PARK MEDIA FIRST LIGHT PRODUCTIONS and/or 18. GENERAL ALLEGATIONS Plaintiff hereby restates and re-alleges paragraphs one (1) through seventeen (17) of 17. This court may exercise personal jurisdiction over the Defendants because Defendants have written released and distributed the major motion film and DVD "The Hurt Locker" to various movie theatres and retail stores located throughout the country including such movie theaters and retail stores located in the state of New Jersey and including those counties comprising the New Jersey District of this Federal United States District Court. this Complaint as if fully stated herein. 19. At all times relevant the individual Defendants BOAL BIGELOW SHAPIRO CHARTIER MARK and McCUSKER were employees and/or actual implied and / or express agents of Defendants HURT LOCKER SUMMIT ENTERTAINMENT VOLTAGE PICTURES 1 2 3 4 5 6 7 KINGSGATE FILMS vicariously liable for said individual Defendants' actions and omissions as set forth below under the doctrine of respondent superior. 20. At all times relevant the individual Defendant BOAL was an employee and/or actual implied and / or express agent of Defendant PLAYBOY and at all times was acting within the course and scope of said employment / agency relationship thereby rendering Defendant PLAYBOY vicariously liable for said individual Defendant's actions and omissions as set forth below under the doctrine of respondent superior. 8 9 10 11 12 13 14 theaters in New York and Los Angeles on June 26 2009 and then underwent a more widespread 15 16 17 18 19 20 21 22 throughout the United States on January 12 2010. 23 24 25 26 27 28 23. For the reasons more fully explained below the production release distribution and release on July 24 2009. 22. At all times relevant Defendants HURT LOCKER BOAL BIGELOW SHAPIRO 21. At all times relevant Defendants HURT LOCKER BOAL BIGELOW SHAPIRO CHARTIER MARK McCUSKER SUMMIT ENTERTAINMENT VOLTAGE PICTURES GROSVENOR PARK MEDIA FIRST LIGHT PRODUCTIONS KINGSGATE FILMS and/or PLAYBOY individually and/or through their / its employees / agents wrote produced and/or distributed the motion picture film "The Hurt Locker" which was released and distributed to select CHARTIER MARK McCUSKER SUMMIT ENTERTAINMENT VOLTAGE PICTURES GROSEVENOR PARK MEDIA FIRST LIGHT PRODUCTIONS and/or PLAYBOY individually and/or through their / its employees / agents wrote produced and/or distributed the motion picture DVD "The Hurt Locker" which was released and distributed to general public publication of the motion picture film "The Hurt Locker" and the motion picture DVD "The Hurt Locker" are hardly the "literary" or "artistic" works of Defendants as the Defendants themselves have proclaimed. Instead "The Hurt Locker" motion picture film and DVD are nothing more than 5

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