throbber
Case 1:20-cv-05778 Document 1 Filed 07/24/20 Page 1 of 18
`
`
`
`C.A. No.
`
`
`COMPLAINT AND
`JURY DEMAND
`
`
`UNITED STATES DISTRICT COURT FOR THE
`SOUTHERN DISTRICT OF NEW YORK
`-------------------------------------------------- X
`)
`
`
`)
`
`RALF HARTMANN,
`)
`
`
`)
`
`)
`)
`v.
`)
`
`)
`GOOGLE LLC and YOUTUBE, LLC
`)
`
`)
`
`
`Defendants.
`)
`-------------------------------------------------- X
`
`
`
`Plaintiff,
`
`
`
`Plaintiff, Ralf Hartmann, by and through his attorneys, Lebowitz
`Law Office LLC, as and for the complaint against defendants Google LLC
`(“Google”) and YouTube, LLC (“YouTube”), allege as follows:
`NATURE OF THE ACTION
`1.
`This is a civil action for damages against Defendants for
`violations of the United States Copyright Act of 1976, 17 U.S.C. §§
`101, et seq. This action arises out of Defendant’s infringement of
`copyrights in numerous Motion Pictures (as defined below) to which
`Plaintiff owns or controls copyright and/or exclusive distribution
`rights.
`2.
`Plaintiff brings this action against Defendants for direct,
`and contributory infringement of Plaintiff’s copyrights in the Motion
`Pictures, in violation of the Copyright Act of 1976, as amended, 17
`U.S.C. §§ 101 et seq. (the “Copyright Act”), the Berne Convention for
`the Protection of Literary and Artistic Works (the “Berne
`Convention”), as adopted by the Copyright Act, and in violation of the
`copyright laws of the foreign countries identified below (the “Foreign
`Countries”), where Defendant also violated Plaintiff’s copyrights by
`1
`
`
`
`

`

`Case 1:20-cv-05778 Document 1 Filed 07/24/20 Page 2 of 18
`
`committing infringing acts, including, without limitation, copying,
`distributing, renting, lending, selling, issuing, performing or
`broadcasting the Motion Pictures within these Foreign Countries
`(the “Foreign Copyright Laws”). Plaintiff seeks damages for
`Defendant’s infringements (and an injunction to prevent further
`unlawful use).
`
`
`PARTIES
`3.
`Plaintiff Ralf Hartmann (“Plaintiff” or “RH”) is a citizen
`and resident of Germany.
`4.
`Defendant YouTube, LLC is a Delaware limited liability
`company with its principal place of business in San Bruno, California.
`5.
`YouTube, LLC is a wholly owned and controlled subsidiary of
`Defendant Google LLC (“Google”), a Delaware limited liability company
`with its principal place of business in Mountain View, California, and
`a place of business in the State of New York and this District.
`6.
`Defendants operate a website called “YouTube,” located at
`www.youtube.com, one of the most prominent and popular websites on the
`Internet.
`7.
`Google exercises substantial and continuing control over
`the continuing acts of YouTube that form the subject matter of the
`claims against YouTube.
`8.
`Google also operates Google Play or the Google Play Store,
`which, upon information and belief, is a digital distribution service
`managed and developed by Google (“Google Play”), and serves as a
`digital media store, offering music, books, movies, and television
`
`
`
`2
`
`

`

`Case 1:20-cv-05778 Document 1 Filed 07/24/20 Page 3 of 18
`
`programs. Google’s digital distribution service for movies is called
`Google Play Movies & TV.
`
`
`JURISDICTION AND VENUE
`9.
`The Court has exclusive subject matter jurisdiction under
`28 U.S.C. §§ 1331, 1332 and 1338 with respect to RH’s federal
`statutory claims.
`10. Upon information and belief, a substantial part of the
`facts of infringement complained of herein occurs or has occurred in
`this district, and Defendants are subject to personal jurisdiction in
`this district because they maintain a headquarters in this district
`located at 111 Eighth Avenue, New York, NY.
`11. Personal jurisdiction over Defendants is proper in this
`Court, among other reasons, on the grounds that Defendants, through
`their interactive web-based subscription service, caused the
`unlicensed streaming, rental, sale, broadcast and distribution of
`the Plaintiff’s Motion Pictures throughout the State of New York,
`including within this judicial district.
`12. This Court has personal jurisdiction over Defendants
`pursuant to CPLR § 302 (New York’s long-arm statute) due to their
`continuous and systematic business activities within New York as
`described below. Defendants have conducted and do conduct business
`within New York. Defendants, directly or through intermediaries
`(including distributors, retailers, and others), ship, distribute,
`offer for sale, sell, and advertise products in the United States,
`and specifically to New York. Defendants purposefully and
`
`
`
`3
`
`

`

`Case 1:20-cv-05778 Document 1 Filed 07/24/20 Page 4 of 18
`
`voluntarily streamed, rented, sold, broadcast and distributed
`Plaintiffs’ Motion Pictures in New York.
`13. Venue is proper in this district pursuant to 28 U.S.C. §§
`1391(b) and (c) and/or 1400(a).
`GENERAL ALLEGATIONS
`
`The Motion Pictures
`14. Pursuant to an agreement and short form assignment entered
`into between Capella Films, Inc. (“Capella Films”) and RH dated
`January 1, 2008, Capella Films assigned, transferred and sold to RH
`all of Capella Films’ interests (the “Interests”) in multiple motion
`pictures, including the following nine (9) motion pictures: (i)
`Austin Powers: International Man of Mystery; (ii) After the Rain;
`(iii) A Business Affair; (iv) Commander Hamilton; (v) Drop Dead
`Gorgeous; (vi) Fall; (vii) The Last Tattoo; (viii) Music From Another
`Room; and (ix) Pete’s Meteor (the “Motion Pictures”).
`15. The Interests acquired by RH included the copyrights in the
`following Motion Pictures registered with the United States Copyright
`Office: After The Rain; A Business Affair; Commander Hamilton; Fall;
`The Last Tattoo; Music From Another Room; and Pete’s Meteor. The
`copyright registration numbers for each of these Motion Pictures are
`set forth in the document annexed hereto as Exhibit A.
`16. Among the bundle of rights afforded to RH under United
`States copyright law – which rights were acquired from Capella Films –
`are the exclusive rights to “Reproduce the copyrighted work,”
`“distribute copies…of the copyrighted work to the public,” “perform
`the copyrighted work publicly,” and “display the copyright work
`
`
`
`4
`
`

`

`Case 1:20-cv-05778 Document 1 Filed 07/24/20 Page 5 of 18
`
`publicly.” 17 U.S.C. § 106. This includes the exclusive right “to
`transmit or otherwise communicate a performance or display” of the
`Motion Pictures “to the public by means of any device or process
`whether the members of the public capable of receiving the performance
`or display receive it in the same place or in separate places and at
`the same time or at different times.” Id. § 101.
`17. The Interests acquired by RH from Capella Films also
`included the copyright in and to the following two Motion Pictures
`throughout the “International Territory” (including any renewals and
`extensions of copyright): Austin Powers: International Man of
`Mystery; and Drop Dead Gorgeous. Here, “International Territory” was
`defined to mean the universe with the exclusion of the United States
`and Canada.
`18. Beginning in July 2017, Defendants, without Plaintiff’s
`authorization, have reproduced, distributed to the public for profit
`by sale or by rental, and publicly performed Plaintiff's copyright
`protected Motion Pictures After the Rain, Commander Hamilton and The
`Last Tattoo in the United States, including in this District, in
`violation of Plaintiff’s exclusive rights, including the display of
`the individual images of the Motion Pictures After the Rain, Commander
`Hamilton and The Last Tattoo.
`19. Specifically, Defendants reproduced, distributed,
`publically performed and displayed the Motion Pictures After the Rain,
`Commander Hamilton and The Last Tattoo in the United States through
`their YouTube and Play Store platforms – both accessible to public
`endusers via the internet and by downloadable app – and by means of
`
`
`
`5
`
`

`

`Case 1:20-cv-05778 Document 1 Filed 07/24/20 Page 6 of 18
`
`streaming (Video on Demand or “VOD”), sale (Electronic Sell Through or
`“EST”), rental (Download to Rent or “DTR”) or Advertising Supported
`Video on Demand (“ASVOD”).
`20. Defendants continued to reproduce, distribute, publically
`perform and display the Motion Pictures After the Rain, Commander
`Hamilton and The Last Tattoo in the United States, including in this
`District, via their YouTube and Play Store platforms thru December
`2017, and upon information and belief, thereafter into 2018.
`21. Collectively, the Motion Pictures After the Rain, Commander
`Hamilton and The Last Tattoo were reproduced, distributed, publically
`performed and/or displayed thousands of times in the United States,
`including within this District.
`22. Moreover, beginning in July 2017, Defendants, without
`Plaintiff’s authorization, have reproduced, distributed to the public
`for profit by sale or by rental, and publicly performed Plaintiff's
`copyright protected Motion Pictures After the Rain, Commander
`Hamilton, The Last Tattoo and Austin Powers: International Man of
`Mystery, in the Foreign Countries, including, but not limited to,
`Australia, Denmark, Great Britain, Ireland and Germany.
`23. Specifically, Defendants reproduced, distributed,
`publically performed and displayed the Motion Pictures After the Rain,
`Commander Hamilton, The Last Tattoo and Austin Powers: International
`Man of Mystery in the Foreign Countries through their YouTube and Play
`Store platforms – both accessible to public endusers in the Foreign
`Countries via the internet and by downloadable app – and by means of
`
`
`
`6
`
`

`

`Case 1:20-cv-05778 Document 1 Filed 07/24/20 Page 7 of 18
`
`streaming (VOD), sale (EST), rental (DTR) or Advertising Supported
`Video on Demand (ASVOD).
`24. Defendants continued to reproduce, distribute, publically
`perform and display the Motion Pictures After the Rain, Commander
`Hamilton, The Last Tattoo and Austin Powers: International Man of
`Mystery in the Foreign Countries, via their YouTube and Play Store
`platforms thru December 2017, and upon information and belief,
`thereafter into 2018.
`25. Collectively, the Motion Pictures After the Rain, Commander
`Hamilton, The Last Tattoo, and Austin Powers: International Man of
`Mystery were reproduced, distributed, publically performed and/or
`displayed thousands of times in the Foreign Countries.
`26. Defendants, without Plaintiff’s authorization, have upon
`information and belief, stored, hosted, and reproduced multiple,
`identical, digital copies of each of these four Motion Pictures -
`After the Rain, Commander Hamilton, The Last Tattoo, and Austin
`Powers: International Man of Mystery – onto and among multiple hard
`drives housed in Defendants’ digital storage facilities or data
`centers (“Data Centers”) which are located throughout the United
`States.
`27. Upon information and belief, each Data Center is one part
`of or one node within a larger, connected network of Data Centers
`which Defendants’ own in the United States and around the world.
`28. Upon information and belief, each of Defendants’ Data
`Center is connected to the internet, and to each other, which allowed
`Defendants to copy each of these four Motion Pictures - After the
`
`
`
`7
`
`

`

`Case 1:20-cv-05778 Document 1 Filed 07/24/20 Page 8 of 18
`
`Rain, Commander Hamilton, The Last Tattoo, and Austin Powers:
`International Man of Mystery – onto many hard drives or servers
`located within the multiple Data Centers which Defendants own in the
`United States.
`29. Upon information and belief, Defendants then reproduced,
`distributed, publically performed and displayed the Motion Pictures -
`After the Rain, Commander Hamilton and The Last Tattoo – from their
`Data Centers in the United States to end users in the United States,
`including this District, via their YouTube and Play Store platforms –
`by means of streaming (VOD), sale (EST), rental (DTR) and/or
`Advertising Supported Video on Demand (ASVOD).
`30. Upon information and belief, Defendants also then
`reproduced, distributed, publically performed and displayed the Motion
`Pictures - After the Rain, Commander Hamilton, The Last Tattoo and
`Austin Powers: International Man of Mystery – from their Data Centers
`in the United States to end users in the Foreign Countries, via their
`YouTube and Play Store platforms – by means of streaming (VOD), sale
`(EST), rental (DTR) and/or Advertising Supported Video on Demand
`(ASVOD).
`31. Defendants’ reproduction, distribution, public performance
`and/or display of the Motion Pictures - After the Rain, Commander
`Hamilton, The Last Tattoo – within the United States was without
`Plaintiff’s license or authorization and a violation of the Copyright
`Act.
`
`32. Defendants’ reproduction of the Motion Pictures - After the
`Rain, Commander Hamilton, The Last Tattoo and Austin Powers:
`
`
`
`8
`
`

`

`Case 1:20-cv-05778 Document 1 Filed 07/24/20 Page 9 of 18
`
`International Man of Mystery – within the United States and
`distribution, public performance and/or display of these Motion
`Pictures in the Foreign Countries, was without Plaintiff’s license or
`authorization and a violation of the Copyright Act.
`33. Upon information and belief, Defendants’ reproduction,
`distribution, public performance and/or display of the Motion Pictures
`- After the Rain, Commander Hamilton and The Last Tattoo – within the
`United States, occurred hundreds, if not thousands of times, since
`July 2017.
`34. Upon information and belief, Defendants’ reproduction of
`the Motion Pictures - After the Rain, Commander Hamilton, The Last
`Tattoo and Austin Powers: International Man of Mystery – within the
`United States, and distribution, public performance and/or display of
`these Motion Pictures in the Foreign Countries, occurred hundreds, if
`not thousands of times, since July 2017.
`35. Upon information and belief, Defendants’ infringing acts,
`including, without limitation, copying, distributing, renting,
`lending, selling, issuing, performing or broadcasting the Motion
`Pictures - After the Rain, Commander Hamilton, The Last Tattoo and
`Austin Powers: International Man of Mystery – within the Foreign
`Countries, occurred hundreds, if not thousands of times, since July
`2017.
`36. Because information regarding Defendants’ full use of RH’s
`Motion Pictures remains incomplete or in Defendants’ sole possession,
`the full and complete scope of Defendants’ infringing activities and
`
`
`
`9
`
`

`

`Case 1:20-cv-05778 Document 1 Filed 07/24/20 Page 10 of 18
`
`infringing uses of RH’s Motion Pictures has not yet been fully
`ascertained.
`37. Upon information and belief, a reasonable opportunity for
`further investigation and discovery will yield evidence that
`Defendants’ unauthorized, unlicensed, and/or infringing use and
`exploitation of the Motion Pictures is not limited to the uses
`described herein.
`38. Defendants’ pattern of unlicensed, unauthorized, and
`uncompensated use of the Motion Pictures injured plaintiff, including
`by depriving Plaintiff of his rightful compensation for the use of his
`Motion Pictures and infringing on Plaintiff’s exclusive rights to
`control the reproduction, use, distribution, and sale of his Motion
`Pictures.
`
`CLAIMS FOR RELIEF
`COUNT I
`Direct Infringement of Copyright in the United States
`
`25. RH incorporates by reference each and all of his prior
`allegations as if set forth herein.
`26. Defendants, without Plaintiff’s authorization, have
`reproduced, distributed to the public for profit by sale or by rental,
`and publicly performed Plaintiff's copyright protected Motion Pictures
`After the Rain, Commander Hamilton and The Last Tattoo in the United
`States, including in this District, in violation of Plaintiff’s
`exclusive rights, including the display of the individual images of
`the Motion Pictures After the Rain, Commander Hamilton and The Last
`Tattoo.
`
`
`
`10
`
`

`

`Case 1:20-cv-05778 Document 1 Filed 07/24/20 Page 11 of 18
`
`27. The foregoing acts of infringement by Defendants have been
`willful, intentional, and in disregard and with indifference to the
`rights of Plaintiff.
`28. As a direct and proximate result of Defendants’
`infringement of RH’s copyrights and exclusive rights under
`copyright in the Motion Pictures, RH is entitled to maximum
`statutory damages, pursuant to 17 U.S.C. § 504(c), in the amount
`of $150,000 with respect to each work infringed, or such other
`amounts as may be proper under 17 U.S.C. § 504(c). Alternatively,
`at RH’s election, pursuant to 17 U.S.C. § 504(b), RH shall be
`entitled to its actual damages, including Defendants’ profits from
`infringement, as will be proven at trial.
`29. RH is entitled to his costs, including reasonable
`attorneys' fees, pursuant to 17 U.S.C. § 505.
`
`
`COUNT II
`Contributory Infringement of Copyrights in the United States
`30. RH incorporates by reference each and all of its prior
`allegations as if set forth herein.
`31. Defendants maintain the YouTube and Google Play
`platforms through which Defendants reproduced, distributed to the
`public for profit by sale or by rental, and publicly performed
`Plaintiff's copyright protected Motion Pictures - After the Rain,
`Commander Hamilton and The Last Tattoo After the Rain, Commander
`Hamilton and The Last Tattoo - in the United States, including in this
`District, in violation of Plaintiff’s exclusive rights, including the
`
`
`
`11
`
`

`

`Case 1:20-cv-05778 Document 1 Filed 07/24/20 Page 12 of 18
`
`display of the individual images of the Motion Pictures After the
`Rain, Commander Hamilton and The Last Tattoo.
`32. Defendants also developed, maintained and distributed a
`YouTube App and a Google Play App through which Defendants
`reproduced, distributed to the public for profit by sale or by rental,
`and publicly performed Plaintiff's copyright protected Motion Pictures
`- After the Rain, Commander Hamilton and The Last Tattoo After the
`Rain, Commander Hamilton and The Last Tattoo - in the United States,
`including in this District, in violation of Plaintiff’s exclusive
`rights, including the display of the individual images of the Motion
`Pictures After the Rain, Commander Hamilton and The Last Tattoo.
`33. Defendants, by facilitating, managing or directing
`unauthorized distributions of the Motion Pictures After the Rain,
`Commander Hamilton and The Last Tattoo, to which RH owns or holds the
`exclusive rights, materially contributed to the violation of the
`copyright laws by end users of YouTube and Google Play.
`34. The acts of contributory infringement by Defendants have
`been committed willfully and with the knowledge that their conduct
`aided and abetted the end-users of YouTube and Google Play to violate
`the exclusive rights of Plaintiff in the Motion Pictures After the
`Rain, Commander Hamilton and The Last Tattoo.
`35. Each unlawful reproduction, distribution, public
`performance and/or public display of the Motion Pictures - After the
`Rain, Commander Hamilton and The Last Tattoo – by end-users of YouTube
`and/or Google Play, constitutes a separate act of contributory
`
`
`
`12
`
`

`

`Case 1:20-cv-05778 Document 1 Filed 07/24/20 Page 13 of 18
`
`infringement on the part of Defendants for which Plaintiff is entitled
`to actual damages.
`36. As a direct and proximate result of Defendants’
`contributory infringement of RH’s copyrights and exclusive rights
`under copyright, RH is entitled to maximum statutory damages,
`pursuant to 17 U.S.C. § 504(c), in the amount of $150,000 with
`respect to each work infringed, or such other amounts as may be
`proper under 17 U.S.C. § 504(c). Alternatively, at RH’s election,
`pursuant to 17 U.S.C. § 504(b), RH shall be entitled to his actual
`damages, including Defendant's profits from infringement, as will
`be proven at trial.
`37. RH is entitled to his costs, including reasonable
`attorneys' fees, pursuant to 17 U.S.C. § 505.
`COUNT III
`Contributory Infringement of Copyrights in Motion Pictures
`Reproduced on Defendants’ Data Centers in the United States and
`Distributed To Foreign Countries
`
`38. RH incorporates by reference each and all of its prior
`allegations as if set forth herein.
`39. Defendants, without Plaintiff’s authorization, reproduced
`digital copies of the Motion Pictures - After the Rain, Commander
`Hamilton, The Last Tattoo and Austin Powers: International Man of
`Mystery - on Defendants’ Data Centers in the United States, for the
`purpose of further distributing the Motion Pictures in the Foreign
`Countries, via their YouTube and Google Play platforms.
`40. From Defendants’ Data Centers in the United States, and
`through their YouTube and Google Play platforms, Defendants’
`
`
`
`13
`
`

`

`Case 1:20-cv-05778 Document 1 Filed 07/24/20 Page 14 of 18
`
`distributed copies of the Motion Pictures - After the Rain, Commander
`Hamilton, The Last Tattoo and Austin Powers: International Man of
`Mystery – to YouTube and Google Play end-users located in the Foreign
`Countries.
`41. Defendants’ wrongful acts of reproduction and distribution
`of the Motion Pictures - After the Rain, Commander Hamilton, The Last
`Tattoo and Austin Powers: International Man of Mystery – on their
`Data Centers in the United States, were predicate acts of domestic
`copyright infringement from which flowed extraterritorial acts of
`copyright infringement by end-users of YouTube and Google Play in the
`Foreign Countries.
`42. Each such unlawful reproduction and distribution of any of
`these Motion Pictures - After the Rain, Commander Hamilton, The Last
`Tattoo and Austin Powers: International Man of Mystery – from
`Defendants’ servers in the United States to end-users of YouTube and
`Google Play in the Foreign Countries, constitutes a separate act of
`contributory infringement by Defendants for which Plaintiff is
`entitled to actual damages.
`43. As a direct and proximate result of Defendants’
`contributory infringement of RH’s copyrights and exclusive rights
`under copyright, RH is entitled to maximum statutory damages,
`pursuant to 17 U.S.C. § 504(c), in the amount of $150,000 with
`respect to each work infringed, or such other amounts as may be
`proper under 17 U.S.C. § 504(c). Alternatively, at RH’s election,
`pursuant to 17 U.S.C. § 504(b), RH shall be entitled to its actual
`
`
`
`14
`
`

`

`Case 1:20-cv-05778 Document 1 Filed 07/24/20 Page 15 of 18
`
`damages, including Defendants’ profits from infringement, as will
`be proven at trial.
`44. RH is entitled to its costs, including reasonable
`attorneys' fees, pursuant to 17 U.S.C. § 505.
`COUNT IV
`Vicarious Infringement of Copyrights in the United States
`45. RH incorporates by reference each and all of its prior
`allegations as if set forth herein.
`46. Google has a right and ability to supervise Youtube and its
`website, Youtube.com.
`47. Moreover, Google’s right and ability to supervise YouTube
`coalesced with an obvious and direct financial interest in the
`exploitation of the Motion Pictures by YouTube via Youtube.com and/or
`the YouTube App.
`48. By failing to supervise YouTube, Google is vicariously
`liable for the direct copyright infringement by YouTube in
`distributing for rental or sale, publicaly performing and/or
`displaying the Motion Pictures - After the Rain, Commander Hamilton,
`and The Last Tattoo – on the YouTube platform via Youtube.com and/or
`the YouTube App.
`
`COUNT V
` Copyright Infringement In Violation Of The
`Foreign Copyright Laws
`
`49. RH incorporates by reference each and all of its prior
`allegations as if set forth herein.
`
`
`
`15
`
`

`

`Case 1:20-cv-05778 Document 1 Filed 07/24/20 Page 16 of 18
`
`50. Plaintiff’s Motion Pictures After the Rain, Commander
`Hamilton, The Last Tattoo and Austin Powers: International Man of
`Mystery are protectable under Foreign Copyright Laws of countries that
`are signatories to the Berne Convention.
`51. In violation of the Berne Convention, as adopted by the
`Copyright Act, and in violation of Foreign Copyright Laws of the
`Foreign Countries, Defendants committed infringing acts, including,
`without limitation, copying, distributing, renting, lending, selling,
`issuing, performing or broadcasting the Motion Pictures - After the
`Rain, Commander Hamilton, The Last Tattoo and Austin Powers:
`International Man of Mystery – in the Foreign Countries amd without
`Plaintiff’s authorization.
`52. Defendants’ acts of copying, distributing, renting,
`lending, selling, issuing, performing or broadcasting the Motion
`Pictures - After the Rain, Commander Hamilton, The Last Tattoo and
`Austin Powers: International Man of Mystery - in the Foreign
`Countries, via Defendants’ YouTube and Google Play platforms, without
`Plaintiff’s authorization, constitute copyright infringement under the
`Foreign Copyright Laws, entitling Plaintiff to money damages under the
`Foreign Copyright Laws, including, where applicable, statutory damages
`for each infringing act.
`WHEREFORE, Plaintiff prays that this Court enter judgment against
`Defendant, as follows:
`(a) That Defendants be held to have infringed upon
`Plaintiff’s copyrights in violation of the Copyright
`Act of 1976, 17 U.S.C. §§ 501 et seq.;
`
`
`
`
`
`16
`
`

`

`Case 1:20-cv-05778 Document 1 Filed 07/24/20 Page 17 of 18
`
`(b) that Defendants be held to have willfully infringed
`upon Plaintiff’s copyrights in violation of the
`Copyright Act of 1976, 17 U.S.C. §§ 501 et seq.;
`
`(c) that an accounting be had and judgment be rendered
`against Defendant for the profits, gains, and
`advantages derived from their wrongful actions, with
`such amounts to be increased and trebled as provided
`by law because of the willful and deliberate nature of
`Defendant’s actions;
`
`(d) compensatory damages and full restitution of all funds
`acquired from Defendant’s unfair business practices,
`including disgorgement of profits;
`
`(e) actual damages suffered by Plaintiff;
`
`(f) and/or statutory damages upon Plaintiff’s election;
`
`(g) punitive damages, to be awarded to Plaintiff;
`
`(h) costs of suit herein;
`
`(i) costs of investigation;
`
`(j)
`both pre- and post-judgment interest on any amounts
`awarded;
`
`(k) payment of reasonable attorneys’ fees;
`
`(l) declaratory relief; and
`
`(m) such other and further relief as the Court may deem
`
`
`17
`
`
`
`
`
`

`

`Case 1:20-cv-05778 Document 1 Filed 07/24/20 Page 18 of 18
`Case 1:20-cv-05778 Document 1 Filed 07/24/20 Page 18 of 18
`
`just and proper.
`
`DEMAND FOR A JURY TRIAL
`
`As to all causes of action, where applicable, Plaintiff demands a
`
`jury trial.
`
`Dated: New York, New York
`
`July 24, 2020
`
`LEBOWITZ LAW OFFICE, LLC
`
`
`
`
`Marc A. Lebowitzv
`Keith M. Getz
`747 Third Avenue
`23rd Floor
`
`New York, New York 10017
`
`(212)
`
`682—6818
`
`Attorneys for Ralf Hartmann
`
`18
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

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.

throbber

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.

Become a Member

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

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket