Case 2:20-cv-04630 Document 3 Filed 05/23/20 Page 1 of 13 Page ID #:5
`
`2 Raoul J. Severo, Esq. [S.B.
`
`#78104]
`
`Severo, LLP
`
`3 500 N. Central Ave, Suite 210
`4 Glendale, CA 91203
`
`(855)216-3990
`
`5 Attorney for Plaintiff
`
`6
`
`7
`
`8
`
`
`
`UNITED STATES DISTRICT COURT
`
`
`
`CENTRAL DISTRICT COURT OF CALIFORNIA
`
`9
`MICKEY LACOSTE,
`Case No.:
`10
`
`11
`
`12
`
`Plaintiff,
`
`vs.
`
`COMPLAINT FOR DAMAGES FOR
`
`TORTIOUS INTENTIONAL
`INTERFERENCE WITH
`
`
`CONTRACTUAL RELATIONS AND
`
`INTENTIONAL INTERFERENCE
`13
`
`WITH PROSPSECTIVE ECONOMIC
`INSTAGRAM, INC., A
`
`ADVANTAGE
`14
`DELAWARE CORPORATION,
`
`15
`
`REQUEST FOR INJUNCTIVE RELIEF
`
`16
`
`and
`
`DEMAND FOR A JURY TRIAL
`
`17 FACEBOOK, INC., A DELAWARE
`
`18 CORPORATION
`
`19
`
`Defendants.
`
`20 1-------------
`
`Jurisdiction
`
`
`
`
`
`
`
`there1.This court has jurisdiction pursuant to 28 U.S.C. § 1332 because
`
`
`
`21
`
`22
`
`23
`
`
`
`
`
`24 is diversity of citizenship between the parties and the amount in controversy is
`
`
`
`
`
`
`
`25
`greater than
`$75,000.
`26
`
`27
`
`28
`
`Complaint
`
`1
`
`
`
`2 Raoul J. Severo, Esq. [S.B.
`
`#78104]
`
`Severo, LLP
`
`3 500 N. Central Ave, Suite 210
`4 Glendale, CA 91203
`
`(855)216-3990
`
`5 Attorney for Plaintiff
`
`6
`
`7
`
`8
`
`
`
`UNITED STATES DISTRICT COURT
`
`
`
`CENTRAL DISTRICT COURT OF CALIFORNIA
`
`9
`MICKEY LACOSTE,
`Case No.:
`10
`
`11
`
`12
`
`Plaintiff,
`
`vs.
`
`COMPLAINT FOR DAMAGES FOR
`
`TORTIOUS INTENTIONAL
`INTERFERENCE WITH
`
`
`CONTRACTUAL RELATIONS AND
`
`INTENTIONAL INTERFERENCE
`13
`
`WITH PROSPSECTIVE ECONOMIC
`INSTAGRAM, INC., A
`
`ADVANTAGE
`14
`DELAWARE CORPORATION,
`
`15
`
`REQUEST FOR INJUNCTIVE RELIEF
`
`16
`
`and
`
`DEMAND FOR A JURY TRIAL
`
`17 FACEBOOK, INC., A DELAWARE
`
`18 CORPORATION
`
`19
`
`Defendants.
`
`20 1-------------
`
`Jurisdiction
`
`
`
`
`
`
`
`there1.This court has jurisdiction pursuant to 28 U.S.C. § 1332 because
`
`
`
`21
`
`22
`
`23
`
`
`
`
`
`24 is diversity of citizenship between the parties and the amount in controversy is
`
`
`
`
`
`
`
`25
`greater than
`$75,000.
`26
`
`27
`
`28
`
`Complaint
`
`1
`
`
`
`Case 2:20-cv-04630 Document 3 Filed 05/23/20 Page 2 of 13 Page ID #:6
`
`Venue
`
`
`
`
`
`
`
`a2.This Court is the proper venue pursuant to 28 U.S.C. § 1391 because
`
`
`
`2
`
`3
`
`4
`
`5
`
`
`
`substantial part of the events or omissions giving rise to the claims occurred
`
`
`
`
`
`
`
`
`
`of the part of property that is the subject and a substantial 6 within this district
`
`
`
`
`
`
`
`
`
`
`
`7 action is situated in this district.
`
`
`
`8
`
`9
`
`Parties
`
`
`
`
`
`3.Plaintiff, Mickey Lacoste, is a citizen of California and resides at 5440
`
`
`
`
`
`
`
`
`
`Tujunga Ave #1008 North Hollywood CA 91601.
`
`11
`
`12
`
`13
`
`
`
`
`
`
`
`
`
`4.Defendant, Instagram, LLC, upon information and belief, is a limited
`
`
`
`14 liability corporation whose articles of incorporation are filed in the state of
`
`
`
`
`
`
`
`15
`
`16
`
`
`
`Delaware and is a citizen of the state of Delaware.
`
`17
`
`
`
`
`
`
`
`
`
`5.Defendant, Facebook, Inc., upon information and belief, is a
`
`
`
`18
`
`
`
`
`
`
`corporation whose articles of incorporation are filed in the state of Delaware
`
`19
`
`20
`
`and is a citizen of the state of Delaware.
`
`
`
`Statement of Facts
`
`
`
`6.Plaintiff operates a sole proprietorship at his personal residence in the
`
`
`
`
`
`
`
`
`
`21
`
`22
`
`23
`
`24 state of California.
`
`25
`
`26
`
`27
`
`28
`
`Complaint
`
`2
`
`
`
`Case 2:20-cv-04630 Document 3 Filed 05/23/20 Page 3 of 13 Page ID #:7
`
`
`
`
`
`and other apparel,of lingerie pieces 2 7.Plaintiffs business sells various
`
`
`
`
`
`
`
`
`
`
`
`
`
`3 using social media accounts and relationships with social media users and
`
`
`
`
`
`
`
`
`
`accounts to advertise and promote the business.
`
`
`5
`
`
`
`
`
`with the names ofaccounts 6 8.Plaintiff operated Instagram
`
`
`
`
`
`
`
`
`
`7 "Nymphokitty," "CallofBody," and "FreakyCuddl3s" for the purpose of
`
`
`
`
`
`8
`
`
`
`
`
`9 advertising and promoting his business.
`
`10
`
`
`
`
`
`9.Additionally, Plaintiff had contracts with Instagram users, including
`
`
`
`
`
`11
`
`12
`
`
`
`
`
`the accounts and users "Cloutgods," "Omnique Design," "Malu Marketing,"
`
`
`
`
`
`
`
`to post content and "Anilsa Arias" "Nikki Parimore," 13 "Purpp," "Amy Lazard,"
`
`
`
`
`
`
`
`
`
`
`
`14 that would draw attention to Plaintiffs business and products and draw online
`
`
`
`
`
`15
`
`16
`
`
`
`traffic to Plaintiffs accounts and business.
`
`17
`
`
`
`which is owned bymedia service 10.Defendant Instagram is a social
`
`
`
`
`
`
`
`18
`Defendant Facebook, Inc.
`
`19
`
`20
`
`
`
`11.Defendant does not allow users to post images or other content
`
`
`
`21 displaying nudity.
`
`22
`
`23
`
`
`
`
`
`Plaintiffposts contain nudity, 12.Despite the fact that none of Plaintiffs
`
`
`
`
`
`
`
`
`
`allegedly in violatio taken down or suspended, 24 accounts have been continually
`
`
`
`
`
`
`
`
`
`25 of Instagram's terms and conditions of use.
`
`26
`
`27
`
`28
`
`Complaint
`
`3
`
`
`
`Case 2:20-cv-04630 Document 3 Filed 05/23/20 Page 4 of 13 Page ID #:8
`
`2
`
`
`
`
`
`Plaintiffs accounts13.Defendant's decision to take down or suspend
`
`
`
`
`
`
`
`
`
`3 disrupted Plaintiffs ability to fulfill his contractual obligations and to advertise
`
`
`
`
`
`
`
`4
`
`5
`
`and promote his business.
`
`
`
`staff andwith Defendants' engaged 6 14.On multiple occasions, Plaintiff
`
`
`
`
`
`
`
`
`
`
`
`
`
`7 employees in attempts to ensure that his accounts conformed to Defendants'
`
`
`
`
`
`
`
`8
`
`9
`
`
`
`stated terms and conditions of use.
`
`
`
`
`
`and employees Plaintiff10 15.During conversations with Defendants' staff
`
`
`
`11
`
`12
`
`
`
`
`
`
`
`made clear the existence of his contracts and business relationships, and the
`
`
`
`to affected his ability 13 fact that the suspension of his accounts had adversely
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`14 fulfill and continue these contracts and relationships.
`
`15
`
`16
`
`
`
`
`
`that the content that16.Defendants sent Plaintiff communications
`
`
`
`
`
`
`
`
`
`11 Defendants believed violated the terms and conditions of use would be deleted
`
`
`
`from his account before the account would be reactivated.
`
`
`
`18
`
`19
`
`
`
`
`
`17.However, within 48 hours of when Plaintiffs accounts would be
`
`
`
`
`
`20
`
`
`
`
`
`21 activated, Defendants would again deactivate or suspend the accounts.
`
`
`
`
`
`22
`
`
`
`hissuspending and deactivating were arbitrarily 18.Because Defendants
`
`
`
`
`
`
`
`
`
`23
`
`24
`
`
`
`accounts, Plaintiff investigated to determine whether his accounts would be
`
`
`
`
`
`
`
`
`
`
`
`25 suspended or deactivated even if he did not make any posts, and learned that
`
`
`
`
`
`
`
`26
`
`27
`
`28
`
`Complaint
`
`4
`
`
`
`Case 2:20-cv-04630 Document 3 Filed 05/23/20 Page 5 of 13 Page ID #:9
`
`
`
`
`
`the accounts even if he did not post new 2 Defendants suspended or deactivated
`
`
`
`
`
`
`
`3 content to the accounts.
`
`4
`
`5
`
`
`
`19.Plaintiff identified Instagram accounts that were posting more
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`6 sexually suggestive content than his accounts did, and Plaintiff would report to
`
`
`
`7
`
`
`
`
`
`
`Defendants those accounts were violating the terms and conditions of use.
`
`
`
`8
`
`9
`
`
`
`that Plaintithat the posts and accounts 20.Defendants notified Plaintiff
`
`
`
`
`
`
`
`
`
`
`
`1 o had reported were not in violation of the terms and conditions of use.
`
`
`
`11
`
`
`
`providedhis accounts, Plaintiff and un-suspend 21.In trying to reactive
`
`
`
`
`
`
`
`
`
`12
`
`
`
`
`
`
`
`
`and screenshots of his reports, 13 copies of the other posts and accounts,
`
`
`
`
`
`14 Defendants' responses that the other accounts were not in violation of
`
`
`
`
`
`15
`
`16
`
`
`
`Defendants' terms and conditions of use.
`
`17
`
`
`
`accountscontinued to find that Plaintiffs 22.Still, Defendants arbitrarily
`
`
`
`
`
`
`
`
`
`
`
`violated Defendants' terms and conditions of use despite the fact that
`
`
`
`
`
`18
`
`19
`
`20
`
`
`
`
`
`Defendants concluded that other content, which plainly violated Defendants'
`
`
`
`
`
`
`
`21 terms and conditions, did not.
`
`22
`
`23
`
`
`
`23.Defendants have arbitrarily suspended and deactivated Plaintiffs
`
`
`
`
`
`
`
`
`
`of use in a non-content its terms and conditions 24 accounts while enforcing
`
`
`
`
`
`
`
`25 neutral manner.
`
`26
`
`27
`
`28
`
`Complaint
`
`5
`
`
`
`Case 2:20-cv-04630 Document 3 Filed 05/23/20 Page 6 of 13 Page ID #:10
`
`
`
`
`
`
`
`
`
`2 24.Defendants' arbitrary behavior is willful, intentional and has
`
`
`
`
`
`3 prevented Plaintiff from the legal, permissible use of his social media accounts
`
`
`
`
`
`
`
`
`
`
`
`to promote, advertise and operate his business, causing damages to Plaintiff.
`
`
`
`
`
`
`
`
`5
`
`6
`
`7
`
`8
`
`9
`
`Countl
`
`
`
`
`
`Intentional Interference with Prospective Economic Advantage
`
`
`
`
`
`
`
`
`
`
`
`
`
`25.25.Plaintiff realleges paragraphs 1 through
`
`
`
`26.Plaintiff alleges that Defendants' conduct, as alleged above
`
`
`
`
`
`
`
`
`
`11
`
`12
`
`
`
`
`
`intentionally and willfully disrupted Plaintiffs prospective economic advantage
`
`
`
`
`
`
`
`
`
`
`
`users with Instagram accounts and 13 in maintaining his business relationships
`
`
`
`
`
`14 "Cloutgods " "Omnique Design " "Malu Marketing " "Purpp " "Arn La ard "
`
`
`
`
`' y z '
`'
`'
`'
`
`15
`
`16
`
`
`
`"Nikki Parimore," and "Anilsa Arias" and maintaining a consistent stream of
`
`
`
`
`
`
`
`
`
`
`
`
`
`11 clients and revenue.
`
`18
`
`19
`
`
`
`
`
`27.Plaintiff alleges that he was in an economic relationship with
`
`
`
`
`
`
`
`"Malu "Omnique Design," 20 Instagram accounts and users "Cloutgods,"
`
`
`
`
`
`
`
`
`
`
`
`
`
`21 Marketing," "Purpp," "Arny Lazard," "Nikki
`
`
`
`
`
`
`Parimore," and "Anilsa Arias" that
`
`22
`
`23
`
`
`
`would have resulted in economic benefit to Plaintiff:
`
`24
`
`
`
`
`
`
`
`28.Plaintiff alleges that Defendants knew of the economic relationship
`
`
`
`25 between Plaintiff and Instagram accounts and users "Cloutgods," "Omnique
`
`
`
`
`
`
`
`
`
`26
`
`27
`
`28
`
`Complaint
`6
`
`
`
`Case 2:20-cv-04630 Document 3 Filed 05/23/20 Page 7 of 13 Page ID #:11
`
`Design " "Malu Marketing " "Purpp " "Arny Lazard " "Nikki Parimore " and
`
`
`
`
`
`'
`'
`'
`'
`'
`2
`
`
`
`3 "Anilsa Arias."
`
`4
`
`5
`
`
`
`29.Plaintiff alleges that Defendants engaged in the arbitrary, intentional
`
`
`
`
`
`
`
`
`
`
`
`
`
`accounts. or deactivating Plaintiffs 6 and wrongful act of suspending
`
`
`
`
`
`7
`
`8
`
`
`
`Defendantsin this conduct, 30.Plaintiff alleges that by engaging
`
`
`
`
`
`
`
`
`
`
`
`of the or knew that disruption 9 intended to disrupt the relationships
`
`
`
`
`
`
`
`10 relationships was certain or substantially certain to occur as a result of
`
`
`
`
`
`Defendants' wrongful acts.
`
`
`
`11
`
`12
`
`13
`
`
`
`31.Plaintiff alleges that the Plaintiffs business relationship was
`
`
`
`
`
`
`
`
`
`
`
`
`
`14 disrupted, that Plaintiff was harmed, and that Defendants' conduct was a
`
`
`
`
`
`
`
`15
`
`16
`
`
`
`
`
`substantial factor in causing the harm.
`
`
`
`arbitrary17 32.As a direct, proximate, and foreseeable result of Defendants'
`
`
`
`
`
`
`
`18 and wrongful conduct as alleged above, Plaintiff has suffered damages in an
`
`
`
`
`
`
`
`
`
`
`
`
`
`19
`
`20
`
`
`
`will seek amount to be proven at trial, but no less than $500,000. Plaintiff
`
`
`
`21 leave of Court to amend this Complaint to set forth the exact amount of
`
`damages when they have been ascertained.
`
`22
`
`23
`
`24
`
`
`
`
`
`
`
`
`
`conduct33.As a direct, proximate and foreseeable result of Defendants'
`
`
`
`
`
`25 as alleged above, Plaintiff has suffered damages in an amount to be proven at
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`26 trial, and which Plaintiff is informed and believes exceeds the amount in
`
`27
`
`28
`
`Complaint
`7
`
`
`
`Case 2:20-cv-04630 Document 3 Filed 05/23/20 Page 8 of 13 Page ID #:12
`
`
`
`
`
`controversy threshold for federal diversity jurisdiction, and Plaintiff will seek
`
`
`
`
`
`
`
`
`2
`
`
`
`3 leave of Court to amend this Complaint to set for the exact amount of damages
`
`4
`when they have been ascertained.
`5
`
`
`
`
`
`malice and intenthave acted with 6 34.Plaintiff alleges that Defendants
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`7 and have deliberately and intentionally caused economic harm to Plaintiff with
`
`8
`
`9
`
`
`
`
`
`full knowledge of the wrongfulness of Defendants' conduct. Plaintiff further
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`10 alleges that Defendants' conduct was arbitrary, despicable, carried out by
`
`
`
`
`
`
`
`Defendants with a willful and conscious disregard for Plaintiffs rights, and
`
`
`
`
`
`11
`
`12
`
`
`
`should be awarded Plaintiff Therefore, hardship. 13 subjected plaintiff to unjust
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`14 punitive and exemplary damages sufficient to punish Defendants for engaging
`
`
`
`
`
`
`
`
`
`
`
`15
`
`16
`
`
`
`
`
`in this wrongful conduct and to deter similar conduct on their part in the
`
`11 future.
`
`18
`
`
`
`
`
`35.Plaintiff believes and alleges that Defendants' arbitrary and illegal
`
`
`
`
`
`
`
`19
`
`20
`
`
`
`
`
`
`
`acts as described above are a serious and continuing threat to Plaintiffs
`
`
`
`21 financial health. If Defendants are allowed to continue their wrongful acts,
`
`
`
`
`
`
`
`
`
`
`
`
`
`Plaintiff will suffer further immediate and irreparable injury, loss, and damage.
`
`
`
`
`
`
`
`
`
`
`22
`23
`
`
`
`
`
`
`
`
`
`
`
`alleges that, in the and based thereon and believes, 24 Plaintiff is further informed
`
`
`
`
`
`
`
`25 absence of preliminary and permanent injunctions as prayed for below
`
`
`
`
`
`
`
`26
`
`27
`
`28
`
`Complaint
`8
`
`
`
`Case 2:20-cv-04630 Document 3 Filed 05/23/20 Page 9 of 13 Page ID #:13
`
`
`
`in the conduct by engaging rights to violate Plaintiff's 2 Defendants will continue
`
`
`
`
`
`
`
`
`
`
`
`
`
`3 alleged above.
`
`Count II
`
`
`
`
`
`Intentional Interference with Contractual Relations
`
`
`
`
`
`
`
`
`
`
`
`35.36.Plaintiff realleges paragraphs 1 through
`
`
`
`
`
`
`
`37.Plaintiff alleges that, at all times relevant herein, Defendants were
`
`
`
`
`
`
`
`10 aware of and had knowledge of Plaintiff's contractual relationships with
`
`
`
`
`
`
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`
`
`
`
`Instagram accounts and users "Cloutgods," "Omnique Design," "Malu
`
`
`
`
`
`11
`
`12
`
`
`
`
`
`and "Anilsa Arias." "Nikki Parimore," 13 Marketing," "Purpp," "Amy Lazard,"
`
`
`
`
`
`
`
`
`
`14
`
`
`
`
`
`38.Plaintiff alleges that by their arbitrary, unjustified and unprivileged
`
`
`
`
`
`15
`
`16
`
`
`
`
`
`
`
`conduct, as alleged above, Defendants' intended to and did in fact disrupt the
`
`
`
`
`
`
`
`
`
`11 contractual relationships between Plaintiff and Instagram accounts and users
`
`
`
`
`
`
`
`
`
`
`
`
`
`18 "Cloutgods," "Omnique Design," "Malu Marketing," "Purpp," "Amy Lazard,"
`
`
`
`
`
`
`
`19
`
`20
`
`"Nikki Parimore," and "Anilsa Arias."
`
`
`
`
`
`
`
`
`
`21 39.Plaintiff alleges that there were contractual agreements between
`
`
`
`
`
`
`
`
`
`Plaintiff and Instagram accounts and users "Cloutgods," "Omnique Design,"
`
`
`
`
`
`22
`
`23
`
`
`
`and "Anilsa 24 "Malu Marketing," "Purpp," "Amy Lazard," "Nikki Parimore,"
`
`
`
`
`
`25 Arias."
`
`26
`
`27
`
`28
`
`Complaint
`
`9
`
`
`
`Case 2:20-cv-04630 Document 3 Filed 05/23/20 Page 10 of 13 Page ID #:14
`
`2
`
`
`
`40.Plaintiff alleges that Defendants knew of the contractual agreements
`
`
`
`
`
`
`
`
`
`3 between Plaintiff and Instagram accounts and users "Cloutgods," "Omnique
`
`
`
`
`
`
`
`
`
`
`
`Design," "Malu Marketing," "Purpp," "Amy Lazard," "Nikki Parimore," and
`
`
`
`
`
`
`
`
`
`
`5
`
`
`
`6 "Anilsa Arias."
`
`7
`
`8
`
`
`
`41.Plaintiff alleges that Defendants' arbitrary and wrongful conduct
`
`
`
`
`
`
`
`
`
`
`
`the contractual agreements. 9 prevented performance of
`
`
`
`
`
`10
`
`
`
`
`
`42.Plaintiff alleges that Defendants intended to disrupt the performance
`
`
`
`
`
`11
`
`12
`
`
`
`
`
`of this contractual agreement or knew that disruption of performance was
`
`
`
`
`
`certain to occur. 13 certain or substantially
`
`
`
`
`
`14
`
`
`
`43.Plaintiff alleges that that he was harmed and that Defendants'
`
`conduct was a substantial factor in causing Plaintiffs harm.
`
`15
`
`16
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`17 44.As a direct, proximate, and foreseeable result of Defendants' arbitrary
`
`
`
`
`
`
`
`
`
`
`
`
`
`and wrongful conduct as alleged above, Plaintiff has suffered damages in an
`
`
`
`18
`
`19
`
`
`
`
`
`seek Plaintiff will 20 amount to be proven at trial, but no less than $500,000.
`
`
`
`
`
`
`
`
`
`21 leave of Court to amend this Complaint to set forth the exact amount of
`
`22
`
`23
`
`damages when they have been ascertained.
`
`24
`
`
`
`
`
`
`
`
`
`45.As a direct, proximate and foreseeable result of Defendants' conduct
`
`
`
`
`
`
`
`
`
`
`
`
`
`25 as alleged above, Plaintiff has suffered damages in an amount to be proven at
`
`
`
`
`
`
`
`
`
`
`
`
`
`26 trial, and which Plaintiff is informed and believes exceeds the amount in
`
`27
`
`28
`
`Complaint
`
`10
`
`
`
`Case 2:20-cv-04630 Document 3 Filed 05/23/20 Page 11 of 13 Page ID #:15
`
`
`
`
`
`controversy threshold for federal diversity jurisdiction, and Plaintiff will seek
`
`
`
`
`
`
`
`
`2
`
`
`
`3 leave of Court to amend this Complaint to set for the exact amount of damages
`
`
`
`4
`when they have been ascertained.
`5
`
`
`
`and intenthave acted with malice 6 46.Plaintiff alleges that Defendants
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`7 and have deliberately and intentionally caused economic harm to Plaintiff with
`
`
`
`8
`
`9
`
`
`
`
`
`
`
`full lmowledge of the wrongfulness of Defendants' conduct. Plaintiff further
`
`
`
`
`
`
`
`
`
`
`
`10 alleges that Defendants' conduct was arbitrary, despicable, carried out by
`
`
`
`
`
`
`
`
`
`Defendants with a willful and conscious disregard for Plaintiffs rights, and
`
`
`
`
`
`
`
`subjected plaintiff to unjust hardship. Therefore, Plaintiff should be awarded
`
`
`
`11
`
`12
`
`13
`
`
`
`
`
`
`
`
`
`
`
`14 punitive and exemplary damages sufficient to punish Defendant for engaging
`
`
`
`
`
`
`
`15
`
`16
`
`
`
`
`
`in this wrongful conduct and to deter similar conduct on their part in the
`
`
`
`11 future.
`
`18
`
`
`
`
`
`
`
`
`
`47.Plaintiff believes and alleges that Defendants' arbitrary and illegal
`
`19
`
`20
`
`
`
`
`
`acts as described above are a serious and continuing threat to Plaintiffs
`
`
`
`
`
`
`
`21 financial health. If Defendants are allowed to continue his wrongful acts,
`
`
`
`
`
`
`
`
`
`
`
`22 Plaintiff will suffer further immediate and irreparable injury, loss, and damage.
`
`
`
`
`
`
`
`
`
`
`23
`
`
`
`
`
`
`
`
`
`
`
`alleges that, in the and based thereon and believes, 24 Plaintiff is further informed
`
`
`
`
`
`25 absence of preliminary and permanent injunctions as prayed for below
`
`
`
`
`
`
`
`
`
`26
`
`27
`
`28
`
`Complaint
`
`11
`
`
`
`Case 2:20-cv-04630 Document 3 Filed 05/23/20 Page 12 of 13 Page ID #:16
`
`
`
`in the conduct by engaging rights to violate Plaintiffs 2 Defendants will continue
`
`
`
`
`
`
`
`
`
`
`
`
`
`3 alleged above.
`
`4
`
`5
`
`6
`
`7
`
`Request for Relief
`
`
`
`WHEREFORE, the Plaintiff requests:
`
`
`
`
`
`
`
`48.As to the first and second causes of action, for compensatory
`
`8
`
`9
`
`
`
`damages, including general and special damages, according to proof, in the
`
`
`
`
`
`
`
`
`
`
`
`10 amount of $500,000;
`
`11
`
`12
`
`
`
`
`
`injunctivetemporary 49.As to the first and second causes of action,
`
`
`
`
`
`
`
`
`
`
`
`
`
`employees, barring Defendants and their agents, 13 relief, pending this litigation,
`
`
`
`
`
`
`
`
`
`14 assigns, and representatives, from arbitrarily and improperly suspending or
`
`
`
`
`
`15
`
`16
`
`
`
`
`
`deactivating Plaintiffs Instagram accounts;
`
`
`
`and17 50.As to the first and second causes of action, preliminary
`
`
`
`
`
`
`
`18 permanent injunctive relief, barring Defendants and their agents, employees,
`
`
`
`
`
`
`
`
`
`
`
`19
`
`20
`
`
`
`assigns, and representatives, from arbitrarily and improperly suspending or
`
`
`
`
`
`
`
`
`
`
`
`21 deactivating Plaintiffs Instagram accounts;
`
`
`
`22
`
`
`
`
`
`and exemplaryfor punitive 51.As to the first and second causes of action,
`
`
`
`
`
`23
`
`24
`
`
`
`damages, according to proof at trial;
`
`25
`
`
`
`
`
`interest afor prejudgment 52.As to the first and second causes of action,
`
`
`
`
`
`
`
`26
`the maximum legal rate;
`27
`
`28
`
`Complaint
`
`12
`
`
`
`Case 2:20-cv-04630 Document 3 Filed 05/23/20 Page 13 of 13 Page ID #:17
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`53. For costs of suit incurred herein;
`
`54. For attorney's fees as permitted by law; and
`
`55. Any further relief which the Court may deem appropriate.
`
`Demand for Jury Trial
`
`56. Plaintiff hereby requests a jury trial on all issues raised in this
`
`8
`
`9
`
`complaint.
`
`:: 6 blf I
`By: _ _ _ __ ___ _____I
`';)Qa-0
`Raoul Severo, Esq.
`J (i3ated)
`Attorney for Plaintiff
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Complaint
`13
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
