DOCSLIB.ORG

ISC Motion for Preliminary Injunction

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
ISC Motion for Preliminary Injunction Case 5:10-cv-00074-FJS-DEP Document 7 Filed 01/26/10 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK INVENTION SUBMISSION CORPORATION ) t/d/b/acorporation, INVENTHELP, a Pennsylvania ) ) ) NOTICE OF MOTION FOR A Plaintiff, )) PRELIMINARY INJUNCTION ) Civil Action No. 5:10-cv-00074 v. ) (NPMlDEP) ) IP WATCHDOG INC., a New York corporation, ) Eugene R. Quinn Jr. an individual, and ) Renee Quinn, an individuaL. ) Defendants. )) Motion By: Plaintiff Date, Time and Place of Motion: March 12,2010, at 10 a.m. United States Courthouse, Syracuse, New York Object of Motion: An order (1) Preliminarily enjoining IP Watchdog Inc., Eugene R. Quinn Jr., Renee Quinn, their officers, agents, servants, employees, attorneys, and all others in active concert or participation with them during the pendency ofthis action from disseminating anywhere, including but not limited to, on their web site www.ipwatchdog.com the following: (a) Any advertisement, promotional communication and/or claim asserting, expressly or by implication, that Plaintiffs inventor assistance services are worthless, fraudulent, 1 Case 5:10-cv-00074-FJS-DEP Document 7 Filed 01/26/10 Page 2 of 3 inferior and/or any other statement disparaging Plaintiffs inventor assistance services and/or any similar advertisements, promotional communications and/or claims; and, (b) Any advertisement, promotional communication and/or claim asserting, expressly or by implication, that Plaintiff s contractual performance is worthless, fraudulent, inferior and/or making any other statement disparaging Plaintiffs contractual performance and/or any similar advertisements, promotional communications and/or claims; and, (c) Any advertisement, promotional communication and/or claim asserting, expressly or by implication, that the inventor assistance services offered by Defendants provide greater value to consumers than Plaintiffs inventor assistance services and/or any similar advertisements, promotional communications and/or claims; and, (d) Any advertisement, promotional communication and/or claim asserting, expressly or by implication, that consumers have a likelihood of successfully commercializing their idea utilizing Defendants' inventor assistance services and/or any similar advertisements, promotional communications and/or claims. Supporting Papers: The grounds for this motion are set forth in Plaintiffs Memorandum of Law in Support of a Motion for a Preliminary Injunction; Affidavit of Robert Susa; Affidavit of Kenneth Glaser, Esquire with accompanying exhibits; and Affidavit of Joseph R. Lininger with accompanying exhibits. 2 Case 5:10-cv-00074-FJS-DEP Document 7 Filed 01/26/10 Page 3 of 3 BOND. SCHOENECK & KING, PLLC By: _s/Candace J Gomez John G. McGowan, Esq. N. D. N. Y. Bar Roll No. 501388 Candace J. Gomez, Esq. N. D. N. Y. Bar Roll No. 515283 Office and Post Office Address One Lincoln Center Syracuse, NY 13202 Ph: (315) 218-8625 Email: [email protected] [email protected] FRIEDMAN AND FRIEDMAN By: s/Edward B. Friedman Edward B. Friedman Pa. LD. 09688 J. Stephen Purcupile Pa. LD. 39174 Office and Post Office Address 900 5th Avenue, Suite 2 Pittsburgh, PA 15219 Ph: (412) 261-5834 Email: [email protected] [email protected] Attorneys for Plaintiff 3 Case 5:10-cv-00074-FJS-DEP Document 7-1 Filed 01/26/10 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK INVENTION SUBMISSION CORPORATION ) corporation,t/d/b/a INVENTHELP, a Pennsylvania ) ) ) Plaintiff, ) Civil Action NO.5: lO-cv-00074 ) (NPM!DEP) v. ) AFFIDAVIT OF ROBERT J. ) SUSA IN SUPPORT OF IP WATCHDOG INC., a New York corporation, ) PLAINTIFF'S MOTION FOR Eugene R. Quinn Jr. an individual, and ) PRELIMINARY INJUNCTION Renee Quinn, an individuaL. ) Defendants. )) COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF ALLEGHENY )) SS.: ROBERT J. SUSA, being duly sworn, deposes ans says: 1. I am the President of Invention Submission Corporation, a company offering inventors inventor assistance services under ISC's registered trademark InventHelp (hereinafter "InventHelp"). Over my 19 year tenure with InventHelp I have acquired an understanding of the inventor assistance services industry, the operations of InventHelp and consumers issues related to the inventor assistance services industry. My testimony is based upon my personal knowledge and I am competent to testify to the matters herein. -1- Case 5:10-cv-00074-FJS-DEP Document 7-1 Filed 01/26/10 Page 2 of 8 2. InventHelp and IP Watchdog compete for the same clients, that is, individual inventors, who have an invention and may wish to seek a patent and to submit their invention to companies in the hope that the company will see the invention, find it of interest and enter into a license agreement. These consumers turn to inventor assistance service providers for assistance in approaching companies while protecting their invention from being misappropriated. 3. Many ofInventHelp's clients and potential clients are individuals who have access to the Internet and regularly seek to locate and read information posted by InventHelp about its inventor assistance services. InventHelp has received complaints from clients and potential clients asserting that they have read on the IP Watchdog website (www.ipwatchdog.com) and have been told by IP Watchdog, Gene Quinn and Renee Quinn (hereinafter collectively referred to as "IP Watchdog") that InventHelp's inventor assistance services are fraudulent and that InventHelp presents its inventor assistance services dishonestly. In response to these complaints I have reviewed relevant portions ofIP Watchdog's web site and am familiar with the competing inventor assistance services offered by IP Watchdog and the manner in which those competing services are promoted by IP Watchdog. 4. IP Watchdog advertises and promotes the same range of inventor assistance services as offered by InventHelp on IP Watchdog's web site www.iQwatchdog.com. As a first step both IP Watchdog and InventHelp provide the inventor access to market information and a patentability search and opinion. In this regard IP Watchdog states that it will assist the inventor in assessing the "commercial possibilities" for their invention through a preliminary patentability -2- Case 5:10-cv-00074-FJS-DEP Document 7-1 Filed 01/26/10 Page 3 of 8 search and opinion service that includes a discussion of "marketing.". InventHelp assists the inventor by preparing a Basic Information Report (BIP) containing standardized market information and other basic information about the invention. At the same time InventHelp refers the inventor to a patent attorney to obtain a patentability search and opinion. 5. IP Watchdog and InventHelp both provide submission services. IP Watchdog recommends that inventors purchase their "Invent + Patent System" to gain "Patent Pending" protection for the submission process. IP Watchdog's submission assistance includes: a) referral to Lambert and Lambert, IP Watchdog's paid sponsor, for an invention evaluation and recommendation report; b) IP Watchdog's consulting services which are represented to provide a "plan of action ... to protect, market and economically capitalize on your invention"; and c) IP Watchdog's instructions for do-it-yourself submissions to industry. IP Watchdog also offers patent application services 6. InventHelp offers a confidential submission program involving, among other things. a Data Bank of companies that have agreed to review inventions submitted to them by InventHelp. InventHelp submits its clients' inventions to these companies to obtain a good faith review and to determine whether there is preliminary interest in the invention. We also refer our submission clients to a patent attorney to draft a patent application and perform patent application services. 7. IP Watchdog has implemented a false and misleading advertising scheme that -3- Case 5:10-cv-00074-FJS-DEP Document 7-1 Filed 01/26/10 Page 4 of 8 targets InventHelp's clients and potential clients. IP Watchdog diverts our clients and potential clients by designing IP Watchdog's "Beware InventHelp Press Releases" web page so that www.ipwatchdog.comis the third ranked web site in the Google search results for "Invent Help" and/or "InventHelp." Once InventHelp's clients and potential clients are diverted to IP Watchdog's web site IP Watchdog gains an unfair commercial advantage by making false and misleading claims about InventHelp's inventor assistance services and IP Watchdog's competing inventor assistance services in order to sell IP Watchdog's services to the inventor in place of InventHelp's inventor assistance services. 8. InventHelp's existing and potential clients are exposed to repeated sales promotions for IP Watchdog's competing inventor assistance services through IP Watchdog's "Beware InventHeJp Press Releases" web page together with a series of integrated and linked web pages. These web pages contain IP Watchdog's false, deceptive, defamatory and disparaging statements telling our clients and potential clients to avoid doing business with us and falsely stating that InventHelp's inventor assistance services are fraudulent. 9. Some of the web pages targeting InventHelp's existing and potential clients on IP Watchdog's web site, www.ipwatchdQ(i.com. include the following: "Avoiding Invent Help & Other Invention Scams"; "Not AU Invention Companies are Created Equal"; "Quinn Resigns from VIA Over Invent Help Concern"; "My Position on Invent Help the VIA and Inventors Digest"; "No Holds Barred: IPWatchdog Addresses Ethical Charges"; "How Inventors Can Avoid Scams, Traps and Raw Deals"; and, "Falling Prey to Invention Submission Scams." Some -4- Case 5:10-cv-00074-FJS-DEP Document 7-1 Filed 01/26/10 Page 5 of 8 of the literally false statements that IP Watchdog uses in the promotion of its inventor assistance services to InventHelp's existing and potential clients include the claims: a. InventHelp "steal(sJ all of your money" b. InventHelp "provide(sJ fraudulent services to inventors." c. InventHelp "say (to clientsJ 'I don't see anything like it on the market'" d. InventHelp "give(sJ inventors false hopes, the~ takes them to the bank" e.
Load more

Recommended publications
  • Bennett-J-Michael-Md.Pdf
    James Michael Bennett, M.D. www.orthopedicsportsdoctor.com 4690 Sweetwater Blvd., Ste. 240 Sugar Land, Texas 77479 281-633-8600 EDUCATION Sports Medicine Fellowship UHZ (Uribe, Hechtman, and Zvijac) Sports Medicine Institute- University of Miami, Miami FL 7/2004 – 7/2005 Orthopedic Residency Baylor College of Medicine, Houston TX 6/2000 – 6/2004 General Surgery Internship Baylor College of Medicine, Houston TX 6/1999 – 6/2000 Doctor of Medicine The University of Louisville School of Medicine, Louisville KY 8/1995 – 5/1999 Masters in Public Health Program- Occupational Medicine The University of Texas School of Public Health, Houston TX 8/1994 – 5/1995 Bachelor of Arts in Psychology/ Zoology The University of Texas, Austin TX 8/1990 – 12/1993 WORK HISTORY Fondren Orthopedic Group L.L.P. 09/2005-present 7401 South Main Houston, Tx OTHER EMPLOYMENT/ APPOINTMENTS Co-Founder 2018-present LucentMD Houston, Tx Co-Chairman 2017-present AAOS Innovation Committee Chicago, Il Regional Medical Director 2015-present AngelMD Houston, Tx Executive Director of Physician Relations 2018-present AngelMD Houston, Tx Advisor/ Consultant 2016-present Texas Medical Center Innovation Center Houston, Tx Chairman 2014-2018 Multimedia Education Committee Orthopedic Video Theater American Academy of Orthopedic Surgeons Rosemont, Il Committee Board Member 2010-2018 Multimedia Education Committee American Academy of Orthopedic Surgeons Rosemont, Il Team Physician 2008-2010 Fort Bend Baptist Academy Sugarland, Tx Team Physician 2008-2010 Fort Bend Baptist Academy Sugarland,
    [Show full text]
  • Emmis Communications Annual Meeting of Shareholders
    Emmis Communications Annual Meeting of Shareholders July 13, 2017 10:00 a.m. • Note: Certain statements in this presentation constitute “forward- looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements involve known and unknown risks, uncertainties and other factors which may cause the actual results, performance or achievements of the Company to be materially different from any future results, performance or achievements expressed or implied by such forward-looking statements. Reference is made to the company’s Annual Report on Form 10-K and other public documents filed with the Securities and Exchange Commission for additional information concerning such risks and uncertainties. • Additional disclosure related to non-GAAP financial measures can be found under the Investors tab on our website, www.emmis.com. 2 Emmis Overview Company overview Radio market statistics Headquartered in Indianapolis, IN, Emmis is a publicly traded radio broadcasting communications company (NASDAQ: EMMS). Market Revenue Stations The Company was incorporated in 1979 and went public in 1994 Market Name Rank Share FM AM Total Emmis owns 16 FM and 3 AM radio stations in New York, Los Los Angeles, CA ** 1 4% 1 - 1 Angeles, St. Louis, Austin (has 50.1% controlling interest) and New York, NY 2 10% 3 1 4 Indianapolis St. Louis, MO 23 24% 4 - 4 Includes most prominent hip-hop station in the world Austin, TX 32 40% 5 1 6 (Hot 97 – New York City) and most listened to urban station Indianapolis,
    [Show full text]
  • The Rise of Talk Radio and Its Impact on Politics and Public Policy
    Mount Rushmore: The Rise of Talk Radio and Its Impact on Politics and Public Policy Brian Asher Rosenwald Wynnewood, PA Master of Arts, University of Virginia, 2009 Bachelor of Arts, University of Pennsylvania, 2006 A Dissertation presented to the Graduate Faculty of the University of Virginia in Candidacy for the Degree of Doctor of Philosophy Department of History University of Virginia August, 2015 !1 © Copyright 2015 by Brian Asher Rosenwald All Rights Reserved August 2015 !2 Acknowledgements I am deeply indebted to the many people without whom this project would not have been possible. First, a huge thank you to the more than two hundred and twenty five people from the radio and political worlds who graciously took time from their busy schedules to answer my questions. Some of them put up with repeated follow ups and nagging emails as I tried to develop an understanding of the business and its political implications. They allowed me to keep most things on the record, and provided me with an understanding that simply would not have been possible without their participation. When I began this project, I never imagined that I would interview anywhere near this many people, but now, almost five years later, I cannot imagine the project without the information gleaned from these invaluable interviews. I have been fortunate enough to receive fellowships from the Fox Leadership Program at the University of Pennsylvania and the Corcoran Department of History at the University of Virginia, which made it far easier to complete this dissertation. I am grateful to be a part of the Fox family, both because of the great work that the program does, but also because of the terrific people who work at Fox.
    [Show full text]
  • Ted Primich , Et Al. V. Emmis Communications Corporation, Et Al
    l ,. Case 1:10-cv-00782-SEB-TAB Document 1 Filed 06/18/10 Page 1 of 22 U.S."F!LE1) IN THE UNITED STATES DISTRICT COURT NUTANAPOL S^ A^ V '?ON SOUTHERN DISTRICT OF INDIANA ^,(lx P,. :IGUTHEPN GSI'RIC-' TED PRIMICH, individually and on behalf of) I 4F INDIA NA 111 URA all others similarly situated, A, 6RIG(aS ' C L f R X Plaintiff, ) CLASS ACTION COMPLAINT FOR VIOLATION OF THE V. ) FEDERAL SECURITIES LAWS AND INDIANA STATE LAW JEFFREY SMULYAN, PATRICK WALSH, ) SUSAN BAYH, GARY KASEFF, RICHARD ) LEVENTHAL, LAWRENCE SORREL, ) JURY TRIAL DEMANDED GREG NATHANSON, PETER LUND, ) EMMIS COMMUNICATIONS ) CORPORATION, JS ACQUISITION, INC. ) and JS ACQUISITION, LLC, ) Defendants. Ale IL0-cv-0 78 2SEB -TAB Plaintiff, by his attorneys, alleges upon information and belief, except for his own acts, which are alleged on knowledge, as follows: 1. Plaintiff brings this action on behalf of the Class A common stockholders of Emmis Communications Corporation ("Emmis" or the "Company") in connection with a tender offer (the "Tender Offer") commenced by JS Acquisition, Inc. ("JS Acquisition") and JS Acquisition, LLC ("JS Parent"), entities owned by Emmis's Chief Executive Officer, Jeffrey H. Smulyan ("Smulyan") (JS Acquisition, JS Parent, and Smulyan are collectively referred to as the "Buyout Group") to purchase all of the common stock of the Company not already owned by JS Acquisition, JS Parent, Smulyan and his affiliates, Alden (defined below) and the Rollover Shares (defined below) for an unfair price of $2.40 per share. 2. Upon the successful completion of the Tender Offer, JS Acquisition will merge with and into Emmis (the "Merger") with Emmis surviving the Merger as a subsidiary whose Case 1:10-cv-00782-SEB-TAB Document 1 Filed 06/18/10 Page 2 of 22 equity securities are owned entirely by JS Parent and Mr.
    [Show full text]
  • ABC's Start Buffets Disney
    111 6 *************************3-DIGIT 4BXBBBHL 20020520 edl ep 2 STZ07G M, 4006171484UP w LAURA JONES, ASSISTANTMGR <WALDENBOOKS 120 -42 MOUNT PLEASANTAVE (WHARTON NJ 07885-2120 Z 111111 Vol. 11 No. 37 THE NEWS MAGAZINE OF THE MEDIA October 8, 2001 $3.95 MARKET INDICATORS NATIONAL TV: SLOW ABC's Start Buffets Disney Scatter sales are or hold as buyers wait to Network's sluggish early -season ratings no help for troubled giant PAGE 4see how the nevi sea- son's ratings shake out. TV STATIONS Decisions on firstirar- ter scatter canceltat on options have been Buyers Demand delayed until the Pint of the month. N.Y. Makegoods NET CABLE: WEAK Ratings drops result Aside from ESPN's NFL from weakened signals inventory, little fou -th- quarter scatter activity PAGE 5 is working. News net- works have picked op RADIO new business froli beer, movies and cellu- D.C. FM Slashes lar phone compa lies. SPOT TV: SHIFTING Commercial Load Stations are still trying to shift inventory pre- Bonneville station cuts empted by coverage of back to 6 min./hour the Sept. 11 attack!, but a nevi crisis bins: PAGE 6 Retail may be weaker than expected for the SYNDICATION next three molts. RADIO: STALLED Freshmen Face Inventory is widely available despite a Chopping Block slight uptick 'role fast food, autos, soft dinks /Wanda, lyanla, Elimi- and beer. Retail eller- date, others in danger tainment and TV line - ins are soft. PAGE 6 MAGAZINES: MIXED Mediaweek Magazine Pharmaceuticals are Monitor PAGE 53 staying the course in Strategists had expected a bonanza next first-quarter spencing.
    [Show full text]
  • President George W Bush Collection
    Do Not Cite President George W Bush Collection An institutional collection of photographs, news clippings, magazine articles and misc. items covering the life of George W Bush and his wife Laura Bush from the 1950‟s through 2002 with some undated material. ______________________________________________________________________________ Descriptive Summary Creator: The Petroleum Museum Title: President George W Bush Collection Dates: 1950-2002 and undated Abstract: The collection consists of photographs, news clippings, magazine articles and other materials that cover President Bush‟s political career, especially the 2000 presidential election as well as information on his homes in Midland and his wife Laura Bush. Quantity: ½ Box Identification : President George W Bush Collection (non-accessioned) Repository: The Permian Basin Petroleum Museum ______________________________________________________________________________ Biographical Sketch (Note: information from this section is copied directly from www.whitehouse.gov/president/gwbbio/html) George W. Bush is the 43rd President of the United States. He was sworn into office on January 20, 2001, re-elected on November 2, 2004, and sworn in for a second term on January 20, 2005. Prior to his Presidency, President Bush served for 6 years as the 46th Governor of the State of Texas, where he earned a reputation for bipartisanship and as a compassionate conservative who shaped public policy based on the principles of limited government, personal responsibility, strong families, and local control. President Bush was born on July 6, 1946, in New Haven, Connecticut, and grew up in Midland and Houston, Texas. He received a bachelor‟s degree in history from Yale University in 1968, and then served as an F-102 fighter pilot in the Texas Air National Guard.
    [Show full text]
  • EMMIS COMMUNICATIONS CORPORATION (Exact Name of Registrant As Specified in Its Charter)
    Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K (Mark One) Annual Report Pursuant to Section 13 or 15(d) of The Securities Exchange Act of 1934 for the Fiscal Year Ended February 28, 2018 Transition Report Pursuant to Section 13 or 15(d) of The Securities Exchange Act of 1934 for the Transition Period from to . EMMIS COMMUNICATIONS CORPORATION (Exact name of registrant as specified in its charter) INDIANA (State of incorporation or organization) 0-23264 (Commission file number) 35-1542018 (I.R.S. Employer Identification No.) ONE EMMIS PLAZA 40 MONUMENT CIRCLE SUITE 700 INDIANAPOLIS, INDIANA 46204 (Address of principal executive offices) (317) 266-0100 (Registrant’s Telephone Number, Including Area Code) SECURITIES REGISTERED PURSUANT TO SECTION 12(B) OF THE ACT: None SECURITIES REGISTERED PURSUANT TO SECTION 12(G) OF THE ACT: Class A common stock, $.01 par value of Emmis Communications Corporation Indicate by check mark if the registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act. Yes No Indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or Section 15(d) of the Act. Yes No Indicate by check mark whether the registrant (1) has filed all documents and reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days.
    [Show full text]
  • Fort Bend County Community Outreach Initiative
    FORT BEND COUNTY COMMUNITY OUTREACH INITIATIVE Sponsorship Packet Office of the Fort Bend County Judge in collaboration with the University of Houston at Sugar Land and the Carter Group LLP. Office of the Fort Bend County Judge 301 Jackson Street Richmond, TX 77469 281-341-8608 The Office of the Fort Bend County Judge and the University of Houston at Sugar Land will be hosting a yearlong community initiative #diversityoverdivision focusing on art, diversity, social injustices and inclusivity. Following recent events including but not limited to the death of George Floyd and a history of injustice, we believe it is our duty to actively confront racism in all of its forms and support those on the right side of history. As one of the most diverse counties in the country, we represent the beautiful tapestry of people that work, live, and play together, and, as such, we have a responsibility to create and maintain an equitable environment for all. In this light, Fort Bend County in partnership with the University of Houston at Sugar Land will be hosting a series of initiatives in support of our diversity and especially our African American community. Our goals will help to foster a stronger, more supportive, and collaborative fellowship ready to join hands as we tackle the challenges of tomorrow. Our community initiative #diversityoverdivision will be hosting the yearlong series in collaboration with the University of Houston at Sugar Land and the Fort Bend County University Library. The series of initiatives include panel discussions on voter registration and the importance of voting, art demonstrations, mural unveilings, a photography competition, literary spotlights, a movie discussion, etc.
    [Show full text]
  • The Texas Observer Publishing Co., 1978 Clean; It's Cheap
    THE \ N TEXAS ,\ , A Journal of Free Voices September 22, 1978 500 ALSO: Connally or Bush for president? • Publisher's report II • Briscoe: hounding Zavala County • Corporate gumshoes want your arrest record Texas prisons By Linda Rocawich Houston, Austin There's no shortage of correctional administrators and ex- The Texas perts in this state and across the country who will tell you that the Texas Department of Corrections runs the best state prison OBSERVER system the nation's ever seen: it's efficient, it's secure, it's c The Texas Observer Publishing Co., 1978 clean; it's cheap. The U.S. Department of Justice has a different Ronnie Dugger, Publisher opinion: TDC is an outrageous violator of Texas prisoners' civil rights. And the department is backing up its claim with a mas- Vol. 70, No. 18 September 22, 1978 sive lawsuit on behalf of the inmates—the biggest prison case it's ever argued—that goes to trial in Houston before Federal Incorporating the State Observer and the East Texas Demo- District Judge William Wayne Justice on October 2. crat, which in turn incorporated the Austin Forum-Advocate. The case is Ruiz v. Estelle and the trial—which is expected to last at least two months and perhaps as long as six—will climax EDITOR Jim Hightower a legal battle that started about seven years ago when a handful ASSOCIATE EDITORS Linda Rocawich of inmates began filing separate complaints against prison offi- Eric Hartman cials under the federal Civil Rights Act. Their cases were con- EDITOR AT LARGE Ronnie Dugger solidated in 1974 as a class action that challenges TDC practices and procedures of all stripes—and that eventually could force PRODUCTION MANAGERS: Susan Reid, Beth Epstein sweeping changes in the state's treatment of convicted offen- ASSISTANT EDITORS: Vicki Vaughan, Bob Sindermann ders.
    [Show full text]
  • EMMIS COMMUNICATIONS CORPORATION (Exact Name of Registrant As Specified in Its Charter)
    Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K (Mark One) Annual Report Pursuant to Section 13 or 15(d) of The Securities Exchange Act of 1934 for the Fiscal Year Ended February 28, 2017 Transition Report Pursuant to Section 13 or 15(d) of The Securities Exchange Act of 1934 for the Transition Period from to . EMMIS COMMUNICATIONS CORPORATION (Exact name of registrant as specified in its charter) INDIANA (State of incorporation or organization) 0-23264 (Commission file number) 35-1542018 (I.R.S. Employer Identification No.) ONE EMMIS PLAZA 40 MONUMENT CIRCLE SUITE 700 INDIANAPOLIS, INDIANA 46204 (Address of principal executive offices) (317) 266-0100 (Registrant’s Telephone Number, Including Area Code) SECURITIES REGISTERED PURSUANT TO SECTION 12(B) OF THE ACT: None SECURITIES REGISTERED PURSUANT TO SECTION 12(G) OF THE ACT: Class A common stock, $.01 par value of Emmis Communications Corporation Indicate by check mark if the registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act. Yes No Indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or Section 15(d) of the Act. Yes No Indicate by check mark whether the registrant (1) has filed all documents and reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days.
    [Show full text]
  • EMMIS COMMUNICATIONS CORPORATION (Exact Name of Registrant As Specified in Its Charter)
    Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K (Mark One) Annual Report Pursuant to Section 13 or 15(d) of The Securities Exchange Act of 1934 for the Fiscal Year Ended February 29, 2016 Transition Report Pursuant to Section 13 or 15(d) of The Securities Exchange Act of 1934 for the Transition Period from to . EMMIS COMMUNICATIONS CORPORATION (Exact name of registrant as specified in its charter) INDIANA (State of incorporation or organization) 0-23264 (Commission file number) 35-1542018 (I.R.S. Employer Identification No.) ONE EMMIS PLAZA 40 MONUMENT CIRCLE SUITE 700 INDIANAPOLIS, INDIANA 46204 (Address of principal executive offices) (317) 266-0100 (Registrant’s Telephone Number, Including Area Code) SECURITIES REGISTERED PURSUANT TO SECTION 12(B) OF THE ACT: None SECURITIES REGISTERED PURSUANT TO SECTION 12(G) OF THE ACT: Class A common stock, $.01 par value of Emmis Communications Corporation; 6.25% Series A Convertible Preferred Stock, $.01 par value of Emmis Communications Corporation. Indicate by check mark if the registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act. Yes No Indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or Section 15(d) of the Act. Yes No Indicate by check mark whether the registrant (1) has filed all documents and reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days.
    [Show full text]
  • Yochanan Markman, Et Al. V. Whole Foods Market, Inc., Et Al. 15-CV-00681-Second Amended Class Action Complaint for Violation Of
    Case 1:15-cv-00681-LY Document 64 Filed 09/19/16 Page 1 of 82 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS AUSTIN DIVISION YOCHANAN MARKMAN, Individually and § Civil Action No. 1:15-cv-00681-LY on Behalf of All Others Similarly Situated, § § CLASS ACTION Plaintiff, § § SECOND AMENDED CLASS ACTION vs. § COMPLAINT FOR VIOLATION OF THE § FEDERAL SECURITIES LAWS WHOLE FOODS MARKET, INC., et al., § § DEMAND FOR JURY TRIAL Defendants. § § 1187606_1 Case 1:15-cv-00681-LY Document 64 Filed 09/19/16 Page 2 of 82 TABLE OF CONTENTS Page NATURE OF THE ACTION ..........................................................................................................2 BACKGROUND AND SUMMARY ..............................................................................................3 JURISDICTION AND VENUE ....................................................................................................13 PARTIES ........................................................................................................................................... 13 CONTROL PERSONS ..................................................................................................................17 DEFENDANTS’ FALSE AND MISLEADING STATEMENTS AND OMISSIONS DURING THE CLASS PERIOD ......................................................................................18 Whole Foods Is Sued by the State of California for Overcharging Customers and Is Fined and Permanently Enjoined from Weights and Measures Violations in California..........................................................................................32
    [Show full text]