7 rrl UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA. REBECCA ECKLER, an individual, Plaintifi COMPLAINT FOR COPYRIGITT INFRINGEMENT

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1 G^ry.J. Gqharlr (SBN 0 ) eeorham@"lkelaw.com f,na)etrkozmor GORHAM LLP 10 South Bundy Drive. Suite 0 Los Aneeles, Anseles. California 00 Telepho--ne: ( lo) -00 Telebopy: Teletopy: ( ) -0 Attornevs for Plaintiff t i t i ri rrl g!i UNTED STATES DSTRCT COURT CENTRAL DSTRCT OF CALFORNA i lt l l L t l t, an individual, Plaintifi corporation; UNVERSAL STUDOS, NC, lnu., q A Dgl L,eAWATe valg_ c_o_rp COrpOraUOn; qla!!on_; _ UNVERSAL CTY STUDOS LLLP, L.P.. L.P,. a Delaware Uelaware lrmltec hmr lstile$_plephip; panner LMVERSAL CTY STUDOS PRODUCTONS LLLP. L.P., a Delaware limited partnelship; JDD APATOW, an indlvidual; and DOES through 0, inclusrve, Defendants. f-fi' ;,ri -.- ("/' \. i -';,,VML COMPLANT FOR COPYRGTT NFRNGEMENT DEMAND FORJURY TRAL & o 0 Rebecca Eckler ("Plaintiff'), by and through her undersigned counsel, files this Complaint against NBC Universal, nc., Universal Studios, nc., Universal City Studios LLLP L.P., Universal City Studios Productions LLLP, L.P. (hereinafter coectively "Universal") and Judd Apatow (coectively along with Universal, "Defendants") and aeges as foows: COYPLANT

2 10 1 t 1 1 t 1 l PARTES. JURSDCTON AND VENUE l. Plaintiff is, and at a times mentioned herein was, an individual residing and doing business in the County of Los Angeles, State of California.. Defendant NBC Universal, [nc. is, and at a times herein mentioned was, a corporation organized and existing under the laws of the State of Delaware, doing business in the County of Los Angeles, State of California.. Defendant Universal Studios, nc. is, and at a times mentioned herein was, a corporation organized and existing under the laws of the State of Delaware, doing business in the County of Los Angeles, State of Califomia.. Defendant Universal City Studios LLLP, L.P. is, and at a times herein mentioned was, a corporation organized and existing under the laws of the State of Delaware, doing business in the County of Los Angeles, State of California.. Defendant Universal City Studios Productions LLLP, L.P. is, and at a times herein mentioned was, a corporation organized and existing under the laws of the State of Delaware, doing business in the County of Los Angeles, State of California.. Defendant Judd Apatow is, and at a times mentioned herein was, an individual residing and doing business in the County of Los Angeles, State of California.. Plaintiffdoes not know the true names and capacities of defendantsued herein as DOES through 0, inclusive, and therefore sues these defendants by such fictitious names. Plaintiff wi amend this Complainto aege their true names and capacities when the same are ascertained. Each of the fictitiously named defendants is in some manner interested in the relief sought herein. For convenience, each reference herein to "Defendant" sha also refer to the DOE defendants and each of them.. Plaintiff aeges on information and belief that at a times mentioned herein, each of the Defendants was and now is the agent, servant, employee, representative and/or alter ego of each of the other Defendants, ild in doing the things COMPLATNT

3 J 11 t l l 1 l l hereinafter mentioned, was acting within the scope of hisftrer authority as such agent, servant, employee, representative and/or alter ego, with the permission and consent of the remaining defendants, that each defendant is liable through the actions of the others and that each has individual liability as we.. The Court has subject matter jurisdiction over this action pursuanto U.S.C. $$ 11,1 and Venue is proper pursuanto U.S.C. $ 11(b) because Plaintiff s claims arose in this District. FRST CAUSE OF ACTON FOR COPYRGHT NFRNGEMENT l. (Against A Defendants) Plaintiff re-aeges and incorporates by reference each of the aegations contained in paragraphs through, above. 1. n or around 0, Plaintiff wrote an original book entitled "Knocked Up - Confessions of a Fip Mother-to-be", which was granted copyright protection and distributed in Canada that same year (the"novel"). The Novel was thereafter published and distributed in the United States in or around early The Novel contains a large amount of material whoy original with Plaintifl and is copyrightable subject matter under the laws of the United States. 1. Plaintiff complied in a respects with a copyright laws, and secured the exclusive rights and privileges in and to the copyright of the Novel. 1. Since 0, Plaintiff has been and sti is the sole proprietor of a rights, title, and interest in and to the copyright in the Novel. t. After 0, defendant Apatow authored a screenplay for a feature motion picture entitled "Knocked Up" for, and at the behest of, defendant Universal (the "nfringing Script"). Plaintiffis informed and believes, and based thereon aeges, that defendant Apatow wrote the nfringing Script at the behest and with the support of defendant Universal. COMPLANT

4 t t l 1 1 l 1. The nfringing Script is based on, and incorporates substantial portions of the copyrighted material from the Novel, without Plaintiff s authorization consent. 1. Plaintiffis informed and believes, and based thereon aeges, that a feature film based on the nfringing Script is currently in production with defendant Universal (the"nfringing Film"). 1. Plaintiff has notified Defendants that they have infringed Plaintiffs copyright, but Defendants have refused to cease their acts of infringement and cease and desist from producing and distributing the nfringing Film.. By reason of Defendants' infringement and threatened inffngement, Plaintiffhas sustained and wi continue to sustain substantial injury, loss and damage to her ownership rights in the copyrighted Novel. 1. Further irreparable harm to Plaintiffis imminent as a result of Defendants' conduct, and Plaintiff is without an adequate remedy at law. Plaintiff is entitled to an injunction restraining Defendants, and a persons or entities acting in concert with them from engaging in further such acts of copyright infringement.. Plaintiff is further entitled to recover from Defendants the damages sustained by Plaintiff as a result of Defendants' acts of copyright infringement. Plaintiff is at present unable to ascertain the fu extent of the monetary damage she has suffered by reason of Defendants' acts of copyright infringement, but Plaintiffis informed and believes, and based thereon aeges, that she has sustained such damage in an amount exceeding the jurisdictional minimum of this Court and the applicable copyright statutes.. Plaintiff is further entitled to recover from Defendants any gains, profits and advantages they have obtained as a result of their acts of copyright infringement. Plaintiff is at present unable to ascertain the fu extent of the gains, profits and advantages Defendants have obtained by reason of their acts of copyright infringement, but Plaintiff is informed and believes, and based thereon aeges, that COMPLANT

5 t Defendants have obtained such gains, profits and advantages in an amount exceeding the jurisdictional minimum of this Court and the applicable copyright statutes. PRAYF'RFOR RELEF' WHEREFORE, Plaintiff prays for judgment against Defendants as foows: l. For a temporary restraining order, preliminary and permanent injunction enjoining and restraining Defendants and a persons acting in concert with them from producing or distributing the nfringing Film, and otherwise using the nfringing Script or any other materials that infringe Plaintiff s copyrights, and to deliver to the Court for destruction or other reasonable disposition a copies of a such materials and means for producing same in Defendants' possession or control;. For actual damages and Defendants' profits in an amount to be determined at trial, plus interest;. For reasonable attorneys' fees and costs; and. For such other and further relief as the Court deems just and proper. 1 T t t DATED: January,0 LEADER KOZMOR GORHAM LLP l DEMAND FOR JURY TRAL Plaintiff Rebecca Eckler hereby demands a trial by jury of a claims and issues triable by a jury. DATED: January,0 Attorneys for Plaintiff COMPLANT