Case 5:18-cv-03803-LHK Document 59 Filed 10/09/18 Page 1 of 24 1 DAVID M. GIVEN (State Bar No. 142375) M. JAKE FEAVER (State Bar No. 303456) 2 PHILLIPS, ERLEWINE, GIVEN & CARLIN LLP 39 Mesa Street, Suite 201 – The Presidio 3 San Francisco, CA 94129 Telephone: 415-398-0900 4 Fax: 415-398-0911 Email:
[email protected] 5
[email protected] 6 Attorneys for Plaintiff 7 [Additional Counsel Listed on Signature Page] 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 LLP 12 MELVIN WILLIAM SMITH, JR., etc., Case No: 5:18-cv-03803-LHK 13 ARLIN Plaintiff, C SECOND AMENDED COMPLAINT FOR 0900 - The Presidio & 94129 – 14 v. COPYRIGHT INFRINGEMENT, ETC. IVEN G 15 , AMC NETWORKS, INC., a Delaware JURY TRIAL DEMANDED corporation, et al., 16 RLEWINE San Francisco, CA Defendants. Telephone: (415) 398 E 17 , 39 Mesa39 Street, 201 Suite 18 HILLIPS P 19 SUMMARY OF THE CASE 20 1. This is a civil action for copyright infringement of protected elements of 21 plaintiff’s three-volume comic book series entitled DEAD AHEAD, and for breach of fiduciary 22 duty with respect to same, which defendants copied and subsequently used, performed and 23 exploited without permission in the television series FEAR THE WALKING DEAD. 24 JURISDICTION AND VENUE 25 2. This Court has federal question jurisdiction under 28 U.S.C. §§ 1331 & 1338(a). 26 3. This Court has personal jurisdiction over defendants because they conduct 27 business in the State of California, both in connection with the facts giving rise to this lawsuit 28 and during the general course of their affairs, and have sufficient minimum contacts in this SECOND AMENDED COMPLAINT – Case No.