Case 2:17-cv-00541-RSM Document 1-2 Filed 04/07/17 Page 1 of 23 FILED 17 MAR 06 PM 2:38
I KING COUNTY SUPERIOR COURT CLERK 2 E-FILED a CASE NUMBER: 17-2-05206-0 SEA J
4
5
6 IN THE SUPERIOR COURT OF THE STATE OF V/ASHINGTON 7 IN AND FOR THE COUNTY OF KING
8 MARY L. JOHNSON; individually and on NO. behalf of all others similarly situated, 9 CLASS ACTION COMPLAINT FOR: Plaintiff, 10 1. VIOLATION OF WASHINGTON'S vs. CONSUMER PROTECTION ACT; 1l 2. BREACH OF EXPRESS WARRANTIES: MGM HOLDINGS, INC.; METRO- t2 GOLDV/YN-MAYER STUDIOS INC.. AND TWENTIETH CENTURY FOX HOMÉ 3. BREACH OF THE IMPLIED l3 ENTERTAINMENT, LLC; and TWENTY WARRANTY OF MERCHANTABILITY FIRST CENTURY FOX, INC., DOES 1 _ 10, t4 inclusive, DEMAND FOR JURY TRIAL l5 Defendants. l6 Plaintiff Mary L. Johnson ("Plaintiff'), on behalf of herself and all others similarly l7 situated, by and through her undersigned counsel, hereby files her class action complaint against
18 Defendants MGM Holdings, Inc. ("MGM Holdings"), Metro-Goldwyn-Mayer Studios Inc. t9 ("MGM"), Twenty First Century Fox, Inc. (*21"'Century tr'ox"), and Twentieth Century Fox
20 Home Entertainment LLC (*20'o Century Fox"). MGM Holdings, MGM,2l't Century Fox, and
2t 20th Century Fox are each individually a "Defendant" and may be collectively referred to
22 hereinafter as the "Defendants".
23 INTRODUCTION
24 "Bond, James Bond." It is one of the iconic and universally known fictional secret
25 agent's very first lines in Dr. No, the first James Bond film. When Bond creator Ian Fleming
26 published his first James Bond novel, Casino Royale, in 1953, little did he know that the
1æl Pæi6c Ar., gt . 1200 T.ou, llt¡l 98402 CLASS ACTION COMPLAINT - 1 T.lr53-5?2.4500 Fü 253.2?2.õ?31 frEfilgðRY'* w.ciæ¡ùowc¡l¡*-øa I 8016-1/ASK/7545 I 6 10 Case 2:17-cv-00541-RSM Document 1-2 Filed 04/07/17 Page 2 of 23
1 astounding stunts, twisty plots, improbable villains, sexy girls, and his magnetically attractive yet
2 detached hero, British secret agent James Bond, would become one of the most successful movie
3 franchises in the world. It has been reported that the James Bond 007 brand is worth close to $20 4 billion ($20,000,000,000). Of the $20 billion generated by the brand, close to $3 billion
5 ($3,000,000,000) has come from the sales of DVDs and the equivalent.
6 In order to capitalize on the success of the James Bond franchise, beginning in20l2,the
7 Defendants released a series of boxed sets of James Bond films on DVD and represented on the
8 packaging of these sets that each set contains "[a]ll the Bond films gathered together for the first 9 time in this one-of-a kind boxed set - every gorgeous girl, nefarious villain and charismatic star 10 from Sean Connery, the legendary actor who started it all, to Daniel Craig." However, none of
11 these sets contains "all" of the James Bond films or "every" gorgeous girl, nefarious villain, and t2 charismatic star featured therein. The sets only contain the films produced by Eon Productions, a l3 British-based productíon company that ultimately sold its video rights to the James Bond movies t4 it produced to MGM. Two additional James Bond films that were not produced by Eon
15 Productions, Casino Royale (1967) (in which actor David Niven, Ian Fleming's first choice to l6 play the role of James Bond, plays Bond) and Never Say Never Again (19S3) (the last of seven l7 (7) James Bond films in which the actor Sean Connery plays James Bond), are not included in 18 the sets - even though MGM acquired the rights to these two films in 1997, some twenty (20) t9 years ago.
20 Plaintiff Mary Johnson has enjoyed James Bond films since the release of Dr. No in
2t 1962. Plaintiff purchased one of the James Bond box sets and relied to her detriment on the
22 Defendants' representations regarding the contents of the set. As a result, Plaintiff did not
23 receive the product she was led to believe she purchased. The representations that Defendants
24 make on the James Bond sets are false, mislead consumers (and Plaintiff in particular), and
25 constitute unfair and deceptive business practices in violation of applicable law.
26 This class action seeks redress on behalf of a nationwide class of consumers, or,
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I alternatively, a class of consumers from a variety of states, who were misled into purchasing
2 what was represented to be the complete collection of James Bond movies when in fact, it was an
J incomplete collection.
4 JURISDICTION AND VENUE
5 l. This Court has subject matter jurisdiction over Plaintiffls claims and venue in
6 King County, Washington is proper because the amount in controversy exceeds this Court's
7 jurisdictional minimum, the Defendants do business in King County, Washington, and Plaintiff s
8 claims arise from Washington law.
9 PARTIES
10 2. Plaintiff Mary L. Johnson is a citizen of the state of Washington and a resident of ll Pierce County, Washington. t2 3. Defendant MGM Holdings is a Delaware corporation with its principal place of
13 business located at245N. Beverly Drive, Beverly Hills CA 90210. t4 4. Defendant MGM Holdings is the parent company of Defendant MGM.
15 5. Defendant MGM is a Delaware corporation with its principal place of business l6 located at245 N. Beverly Drive, Beverly Hills CA 90210. l7 6. Defendant MGM is a media company, involved primarily in the production and
18 global distribution of feature films and television content across all platforms. t9 7. Defendant MGM produces and distributes the MGM James Bond DVD box sets.
20 8. Defendant 21't Century Fox is a Delaware corporation headquartered at l2ll
2T Avenue of the Americas, New York, NY 10036, with a principal place of business located at
22 10201W. Pico Blvd., Los Angeles, CA 90064.
23 9. Defendant 21't Century Fox is a diversified global media and entertainment
24 company, whose numerous activities include the production and acquisition of live-action and
25 animated motion pictures for distribution and licensing in all formats in all entertainment media
26 worldwide.
1201 Pæi6. AE., ge. 1200 T@ü, WA 984(Þ CLASS ACTION COMPLAINT - 3 L1253.57t.¿¡t00 Êú 263.272.5732 frEfFMRY,'- rw cio¡Loæ¡l¡c on 18016-l/Asrl7545l6 12 Case 2:17-cv-00541-RSM Document 1-2 Filed 04/07/17 Page 4 of 23
I 10. Defendant 20th Century Fox is a Delaware limited liability company with its
2 principal place of business located at 10201West Pico Blvd. Bldg. 100, Suite 3220. Los Angeles,
J cA 9003s.
4 11. Defendant 20th Century Fox distributes motion pictures and other programming in
5 the United States, Canada, and international markets in all home media formats, including the
6 sale and rental of DVDs and Blu-rays.
7 FACTUAL ALLEGATIONS
8 12. MGM Holdings is a leading entertainment company focused on the global
9 production and distribution of film and television content. It has one of the most well-known
10 brands in the industry, with globally recognized film franchises and television content, a broad
11 collection of valuable intellectual property, and commercially successful and critically acclaimed t2 content. Its operations include the development, production, and financing of feature films and t3 television content and the worldwide distribution of entertainment content primarily through
I l4 television and digital distribution.
15 13. MGM Holdings is the parent corporation of MGM. According to MGM l6 Holdings, it controls one of the deepest libraries of premium films and television content. Its film l7 content library includes the James Bond franchises.2 l8 14. MGM owns the distribution rights to the James Bond movies. l9 15. 21't Century Fox is the parent corporation of 20th Century Fox. According to 2l't
20 Century Fox, a Delaware corporation, it is a diversified global media and entertainment company
2t with operations in the various segments including cable network programming, television, and
22 filmed entertainment. The activities of Twenty-First Century Fox, Inc. are conducted principally
23 in the United States, the United Kingdom, Continental Europe, Asia, and Latin America.
24 16. 20th Century Fox distributes motion pictures and other programming in the United
25 States, Canada, and other international markets in all home media formats, including the sale and
26 7 See https ://www. linkedin. com/company/m gm (last vi sited Nov. I 0, 20 I 6). 2Id.
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I rental of DVDs and Blu-rays.
2 17 . Upon information and belief, since 1999, MGM arñ, 20th Century Fox have had a
3 worldwide home video distribution arrangemenl pursuant to which 20th Century Fox handles
4 marketing and distribution services for all or certain of MGM's Blu-ray and DVD products and
5 manages the operation and marketing of Digital JD and transactional VOPD for MGM's film
6 library. The James Bond movies are included in this agreement.
7 18. Upon information and belief, in20l3,20th Century Fox continued its worldwide
8 home video distribution arrangement with MGM, releasing approximately 583 MGM home
9 entertainment theatric al, catalog,and television programs domestically and 611 internationally. l0 19. EON Productions is a United Kingdom based production company which
11 produces James Bond films. t2 20. Upon information and belief, the James Bond franchise is the longest running
13 franchise in film history with twenty-six films produced and released in the theaters from 1962 to
I4 date. The first James Bond movie released in the theaters, Dr. No, was released in 1962, and the
15 last James Bond movie released in the theaters was Spectre, which was released in 2015.
I6 21. Upon information and beliel MGM is the sole distributor of the James Bond films l7 series produced by EON Productions. t8 22. Even though MGM later acquired the rights to distribute them, two James Bond t9 movies, Casino Royale (1967) and Never Say Never Again (1983) were not produced by EON
20 Productions.
2l 23. On or about September 2012, to mark the fiftieth (50th) anniversary of the
22 beginning of the James Bond film franchise, Defendants released their first DVD box set called
23 Bond 50, Celebrating Five Decades of Bond 007, which set features and includes 22 original
24 Bond adventures, from Dr. No - the movie that started it all - to 2008's Quantum of Solace (the 25 "Bond 50 Set"). 26 24. The back side of the box of the Bond 50 Set contains the following
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I representations: "All the Bond films are gathered together for the first time in this one-of-a kind 2 boxed set - every gorgeous girl, nefarious villain and charismatic star from Sean Connery, the
3 legendary actor who started it all, to Daniel Craig." The back side of the box of the Bond 50 Set
4 also contains the following representations: "A fitting tribute to the most iconic and enduring
5 secret agent in movie history, BOND 50 is the greatest collection ever assembled."
6 "BOXED SET CONTENTS: 22 films on DVD ftom Dr.l/o to Quantum of Solacel.f"
7 25. A true, correct, and unaltered photograph of the back side of the Bond 50 Set is as
8 füllows:
9 l0 l1 t2
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T4 t5 l6 t7
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22
23 26. On or about July 15, 2015, Defendants released The Ultimate James Bond
24 Collection (the "Ultimate James Bond Collection").
25 27. The back side of the box of the Ultimate James Bond Collection contains the
26 following representations: "All the Bond films are gathered together in this one-of-a kind boxed
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I set - every gorgeous girl, nefarious villain and charismatic star from Sean Connery to Daniel 2 Craig." The back side of the box of the Ultimate James Bond Collection also contains the
J following representations: "BOXED SET CONTENTS: 23 films on Blu-ray, from Dr. No to
4 SlEfall[.]
5 28. A true, correct, and unaltered photograph of the back side of the box of the
6 Ultimate James Bond Collection set is as follows:
7 I THE ULTIMATE 9 JAMES BOND COLLECTION 10
1l All the Bond ñlms are gathered together in this one-of-a-kind boxed set- every gorgeous girl, nefarious villain and charismatic star from Sean Connery to Daniel Craig. Experience BOND w¡th this ñtting tribute to the most iconic and l2 enduring secret agent in movie history.
13 BOXED SET CONTENTS: 23 6lms on Blu'ray', from D¿ No lo Skyfoll t4 Plus space rcsc¡wd ior SPECIR8. (Cominq 2Oì6) Ovcr 120 hours of spe¿¡al fc¿tures PLUS all-new qclusive (ontenl and mlnl-bookl 15 t6 l7 oo
18 t9
20 2l sPEclAL FEATURES- THE SÍORY SO FAR ÍHESHATßW OF SPECTRE Relive moments from the three most recent EIOND WhAt ¡5 SPECTRE? 22 ñlms starrlng Oaniel Craig: BOND screenwlte¡s Neal Purvis and CAS'NO ROYALE, QUANTUM OF SOLACE Robert Wade di*uss the mysterious orgånisôt¡on ¡nd SKYFÁLL. and ¡ts role in past BONO frlms, 23 ALSO INCLUDED: 9O-Minute Documentary Eveuthtnq or Nothins + World of Bond, Bcing Bond and Deisning OO7: F,fty Yeors of Bond Style 24
25 29. On or about January l, 2016, Defendants released The James Bond Collection 26 [Blu-ray] (the "James Bond Collection").
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1 30. The back side of the box of the James Bond Collection contains the following 2 representations: "All the Bond films are gathered together in this one-of-a kind boxed set - every
J gorgeous girl, nefarious villain and charismatic star from Sean Connery to Daniel Craig." The
4 back side of the box of the James Bond Collection also contains the following representations:
5 "BOXED SET CONTENTS: 23 films on Blu-ray, from Dr. No to Slcyfalll.l"
6 31. A true, correct, and unaltered photograph of the back side of the box of the James
7 Bond Collection is as follows:
8 I
T r-t L. 9 JAM ES BON D 10 c()lt EcTioN
11 i , i,!, i..t t2 l3 l4 BOXED SET CONTENTS: 23 films on Blu-ray-, lrom Dr. Noto Skyfatl Plus spr€e rosoryed for SPECTRE., (Comlng 15 2Ot6) l6 ¡¡r¡ilo¡o l7 il^llI l8 t9
20 2t
22
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24 32. The Bond 50 Set, the James Bond Collection, and the Ultimate James Bond 25 Collection are collectively referred to hereinafter from time to time as the "Sets." The list of the 26 movies contained in each of the Sets is printed at the bottom of each of the Sets' boxes in very
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I small print
2 33. A true, correct, and unaltered photograph of the bottom of each of the Sets' boxes
3 is as follows:
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5
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i ¿,v, 9 :l lr)( liil fii. rr*' @ I ¡i il rt t¡lt : l llütl i'll;r i ll(¡ iirÍ, .r, ¡' Gl r:tixtrìiilrer) Ef*l E tt,:1lllj;ltrrl|li?¿a i f¡}i Îi., . Gl ìil{ 1¿'rv}l0lurt0tuf ',lr,l lii.,'.ù) Gl r{rjc.ro¡ r¡ir 0[ç rr?rr¡ þ@ i, r.t E! !rllt0ll0 g 10 T)llrj.J;t¡tllrtl iÎi, .¡.+, B ¡rrlqrtt,, rtilh.ffi. .i,ur @ llil!r.;¡lûltr!llr ffi11 ,',¡, llrüt0tt!r/¡lìtl1ì ç;, ,';rr B r:P r:Jt lì:1 0r t ttt;r Ìií, .'.+ Gl iri ¡,tr)rì,r, 0ù.ill')ir @J,'", E! r('¡0{rirt¡¡ft tti/r iìrr, /,{; B ( .a(.a 13 j r,.r,(;r rr,r,¡l, l'¡i r)F ' l' I 'l ','. r¡r.i-,ì¡r |,¡.!!ri¡ t4 . ¡lt¡¡ri . ,., rt,r.. T,,.:jÂr1."'.t.i. 15 b),., ¡ , ,,. ,Q.., æ4i,1\/ @ I ¡n¡fllrÌ, o¡ | rì:i d I Êl¡r I t6 r u( 9¡l ,,ffi,, 1l' ffi[ , l¡raaU . t 80 lHiur*m, ,lh¡rþlr MGM T7 I Quottlonsz G¡ll 1-888-223-4369 or Vlclt vrww.loxconnoct.com 18 r 'l!,ill0llií.¡lll'l: ì.Ï (ri 't !^tìr/1 fiî. /r¡) G lf lÍ.',ll ô'r äi. Z l:. B ¡¡1¡¡¡,,11 ¡il;¡ i El ,rrl0 lr l0r.rtiCñlli:l'Jlif'l9iii ;;il- /,', E! t9 :l;/ lljl:. t,'lrl,:/l iì9trl iñ]. /(", E l,{ 1./ t tirlc v,t lil¡ ìli'- i ¡ Gl ll{t ¿t:'l illT:.'t[:.:¡t lç;. ïäi / (,(¡tifrfiif¡iltrt) îä- i.t Gl ll)ilif riir iir;i iñ'. i,nr E v iE ä: I t u:tt:t ¡lttl:t;¡i i , ,1 r r'!lr lJ, l(ff J:lil¡!i)r äi./,.f.) B t0tT:,t¡:r.!;1.r1Ì¡,¡ i'iä ¿ @ l[! 20 (r11123tÅll:10:.tlÎ;;'Ì ,t, c'itr.,t t,r({ i,çrrl /..; 0( itr.l(r{lr}iriìÎÍ. /,.o) G i,- Ð i-rl. G .#ír(:,il(tr;f,:t:=l -;i¡ i íûj jtjr ! v' E 2l 0¡ {lltilì !tt({t lllil(r lrllli m./.¡ G ¡rrfv':(),i,ittljfü. Cl ¡. r lhú\ll rti :,ltrrft tlr, ) ilìi. i.ùì Gl I llr r: trtTil:'t i íiliii ìii. i.v) B i¡r1¡¡i¡¡1¡iîÍ /e. E! iliíl\r titiirtit ¡;. l¡: @ .(it{(ftit:.tilt¡t;'.'Í /.v: E ¿Ht t¡(rr , i]t.rr¡¡C( t¡Lr:i,LlJ 22 .:l:r)l rts ¡ Ìi- i)i,i(,1,1¿r..i s' r, ¡, iì¡¡ tr, ì,1 | l,1l¡i.l¡¡ lllU0l tlY )i':.¡ ¡',.;'¡ (. ca. ¡ 'r¡!.tl'! lhl.r,r... Þ¡ .tr¡r',i. -' |, 9l lli k¡¡' d'.'t!lFr :ttri 23 .llt¡D :r', r'.!/,t ¡nl{¡ I .,. tt.,t tt r,^\a .t, ^,lttlL, rr.r' ;11, 24 t-) t 'j,,"1,'liil; :rt l¡ ) t" . .. "d'l O t'l ' 25 '.'¡ ilru lËlt,',. ,';':r:';','.',..,,, ;.,,',' ,, .,.*'ì: rilil]fljlil 26 ''lifflìì '.:,.-- Ouest¡ons? Call l-BBB-223'4389 or Vlsit rvv¡w.foxconnoct.com 1201 Påci6c À\r., gt.. 1200 EISIINHOWtlll l¡@ñs, 1\ã 98¡02 CLASS ACTION COMPLAINT - 9 (:AIILSON . Tcl2i3.õ72.¡ilo Fù 2õ3.272.5732 fr rmr.cis¡boççrl¡rs om I 801 6-1/ASK/7545 I 6 18 Case 2:17-cv-00541-RSM Document 1-2 Filed 04/07/17 Page 10 of 23 I 34. The list of the movies that appear on the bottom of the Sets is in very small print. 2 On information and beliet it is very difficult if not impossible for a person with ordinary, normal J vision to read and fully understand this very small print 4 35. Despite representing that the Sets contain ALL the James Bond films, all of the 5 Sets are missing the two James Bond movies not produced by Eon Productions, namely Casino 6 Royale (1967) and Never Say Never Again (1983). 7 36. Despite representing that the Sets contain EVERY gorgeous girl and nefarious I villain, Orson Welles, the villain in Casino Royale (1967), Joanna Pettet, a "gorgeous girl" in 9 Casino Royale (1967), Kim Bassinger, a 'ogorgeous girl" in Never Say Never Again, Barbara 10 Canera, another 'ogorgeous girl" in Never Say Never Again, and Klaus Maria Brandauer, the l1 villain in Never Say Never Again, are not included in the Sets. t2 37. Despite representing that the Sets contain EVERY charismatic star, David Niven, 13 the 'ocharismatic star" of Casino Royale (1967) is missing from the Sets. David Niven was James t4 Bond creator Ian Fleming's first choice to play James Bond in the Jarnes Bond movies. 15 Moreover, the Sets also do not contain EVERY charismatic star because Sean Connery, who was l6 the actor and oocharismatic star" who played James Bond in the movies entitled Dr. No, From t7 Russia \|lith Love, GoldJìnger, Thunderball, You Only Live Twice, Diamonds qre Forever, and 18 Never Say Never Again is missing from the Sets given that Mr. Connery's starring role as James t9 Bond in Never Say Never Againis not apartof the Sets. 20 38. The distribution rights to the James Bond movies that MGM owns includes the 2t distribution rights to Casino Royale (1967) and Never Say Never Again. 22 39. The Defendants produce, promote, and sell Casino Royale (1967) and Never Say 23 Never Again as individual DVDs and Blu-ray movies. 24 40. Thus, despite MGM owning the distribution rights of Casino Royale and Never 25 say Never Again, and despite Defendants producing, promoting and selling Casino Royale and 26 Never say Never Again, Defendants distribute, produce, promote and sell the Sets without 1201 P8i6c AR-,9b- l20O T@u,WA S,l0¿ CLASS ACTION COMPLAINT - IO Tcl 253.572.,t500 Fs 2Ã3.272.5732 frEfËigðR'Y,'- m.cip¡f,oærLw-æm I 8016-l/ASK/754516 19 Case 2:17-cv-00541-RSM Document 1-2 Filed 04/07/17 Page 11 of 23 I including those two films. 2 41. The front side of the Never Say Never Again Blu-ray Collector's Edition features 3 a photograph of the actor Sean Connery in a tuxedo and bow tie holding a pistol and contains the 4 statement "SEAN CONNERY IS BACK IN ACTION AS JAMES BOND!" 5 42. A true, correct, and unaltered photograph of the front side and back side of the 6 Never Say Never Again Blu-ray Collector's Edition is as follows: 7 8 9 10 ll IT t2 r IITRT l3 t4 t UIR 15 Y l6 tUIR t7 AIAilI $: .!åilAl$ n" JAilAI$ 18 t9 "$t,ltll llflllilllly l$ ilÂüK N 20 rHt0rr As rlAilt$ B0tJ[!" 2t . la'ttil 22 23 24 25 26 1201 P¡cfü Aì!., St.. 1200 Tâ@ü, l\À 98{t2 CLASS ACTION COMPLAINT - 11 Tc¡2¡3-572.¡t00 Fu 253.2:2-5i32 ftEf,iiLB"*Y'* m'.cis¡borc¡l¡r.om I 8016-1/ASK/7545 I 6 20 Case 2:17-cv-00541-RSM Document 1-2 Filed 04/07/17 Page 12 of 23 1 2 J 4 í) ' |ü*ñ, rda þ *t iþ tlst 5 -t lit.t\t,¡ h lrt ôa ¡l.l rffi 6 ffiilulrilffiil 7 VE ,IYIAET. 8 aoa 9 10 mmn l1 fñdrl¡ ,b âþb ., Yta La, ôtr- l^l.r tN. utrt ¡oô tFtæ¡tt ,q ãr¡ar&r tlrdrk.l fr.¡t l2 rtr rt PmÒ 6alLr¡ , C', l3 €) t4 15 ¡, 1 l:ij T6 T7 a 18 r t9 20 43. The back side of the Never Say Never Again Blu-ray Collector's Edition states, 2T among other things, "Sean Connery is back for his final perfoñnance as agent James Bond ..." o'Agent 22 and 007 is hurled into a pulse-pounding race to save the world from armageddon when 23 two atomic warheads are hijacked by the evil SPECTRE organization[.]" The back side of the 24 Never Say Never Again Blu-ray Collector's Edition also reflects it contains special features that 25 include commentary with "James Bond Historian Steven Jay Rubin" and a ooSean is Back 26 Featurette[.]" The back side of the Never Say Never Again Blu-ray Collector's Edition also 1!01 P¡ciÂc ,\. , gr€ 1:00 IIISIlNHOWIllì T¡coma. \lÅ 9S{0: CLASS ACTION COMPLAINT - 12 (.Al{t_soN Tcl-'53 õ7:.15CÐ FÀr !53.:t:.5i3! ft sÌçir.ci*ûho$êll¡ìr om 18016-1/ASK/7s45 l6 21 Case 2:17-cv-00541-RSM Document 1-2 Filed 04/07/17 Page 13 of 23 1 contains the logo and/ortrademark of 20th Century Fox. 2 44. The front side of the Casino Royale (1967) Collector's Edition features, ¿rmong 3 other things, the likeness of a young nude woman holding two pistols with silencers attached 4 thereto and the likeness of a dark-haired man wearing a dark suit and bow tie while dropping 5 from a parachute and holding a pistol with a silencer attached thereto. The MGM trademark'also 6 appears on the front side of the Casino Royale (1967) Collector's Edition. 7 45. A true, correct, and unaltered photograph of the front side and back side of the 8 Casino Royale (1967) Collector's Edition is as follows: 9 10 1t cotLccÍoß'¡ €Þtf ".d",. tolt l2 t3 l4 l5 ,t f(l. l6 (* ! ({nç t7 q;$ft:t 18 t9 pr tì{ ! :xliôr¡ üttit.' 20 2t 22 23 24 25 26 ItOl Pæi6. As., Se. 1t00 T@u, ¡ltÀ 98402 CLASS ACTION COMPLAINT - 13 1ê12õ3.572.,l'm Fú 26?.272.5132 frEfËlgåR'Y'* ¡w-cienf,onrl¡r on I 8016-l/ASK/7545 l 6 22 Case 2:17-cv-00541-RSM Document 1-2 Filed 04/07/17 Page 14 of 23 I 2 J 4 5 6 7 I 9 l0 ll t2 13 t4 15 l6 l7 l8 t9 46. The back side of the Casino Royale (1967) Collector's Edition states, among other 20 things, "Will the real ooJames Bond" please stand up? When secret agency chief "M" (John 2l Huston) is killed, James Bond (David Niven) is thrust out of spy retirement to help smash 22 SMERSH, the band of hitmen who are likely responsible. And to protect his real identity, 23 Bond's name is given to numerous other agents[.]" The back side of the Casino Royale (1967) 24 ooCasino Collector's Edition also states Royale is Bond. Psychedelic Bond." The back side of the 25 Casino Royale (1967) Collector's Edition also contains the MGM trademark and the logo or 26 trademark of 20th Century Fox. tæ¡ Pæi6. Aæ., &.. ¡200 T@q WA gt{n¿ CLASS ACTION COMPLAINT .14 Têl 2¡i:t-572-4fX' Êú253.272.5732 frËfËigðR,Y''- ww¡i¡c¡toærl¡r-on r 8016-r/ASrv7s45 l6 23 Case 2:17-cv-00541-RSM Document 1-2 Filed 04/07/17 Page 15 of 23 I 47. Thus, despite producing, promoting and selling Casino Royale and Never Say 2 Never Again as individual DVS's and Blu-ray movies, Defendants represents that the Sets J contain ALL the James Bond ever made. These representations are false, misleading, and likely 4 to deceive reasonable consumers 5 48. All Defendants are headquartered or have their principal place of business in 6 California. The false and misleading representations are conceived, reviewed, approved and 7 otherwise controlled by Defendants from Defendants' headquarters and/or principal place of 8 business out of Beverley Hills and Los Angeles in Califomia. 9 49. On or about February 9, 2016, Plaintiff Mary L. Johnson purchased the James 10 Bond Collection via the Intemet from the Amazon.com website for approximately One Hundred 11 Six United States Dollars and Forty-Four Cents ($106.44). t2 50. Arnazon, the world largest online retailer, sells a variety of consumer products, t3 including DVD's and Blurays. It served as intermediary in the transaction between Plaintiff and l4 Defendants. l5 51. On its website, Amazon reproduces Defendants' false and misleading o'all" l6 representations that the Sets contain of the James Bond movies. t7 52. Before making her purchasing decision conceming the James Bond Collection l8 with Amazon, Plaintiff physically handled and inspected the James Bond Collection in person at oobrick t9 a and mortar" store or stores that carried the James Bond Collection. While handling the 20 James Bond Collection in person, Plaintiff read the representations on the back of the box of the 2T James Bond Collection. 22 53. Ultimately, Plaintiff read and relied upon the deceptive representations on the box 23 of the James Bond Collection, and repeated on Amazon, to the effect that the James Bond 24 Collection contained ALL of the James Bond movies ever made. Among the representations 25 Plaintiff read and relied upon was the representation that "All the Bond films are gathered 26 together in this one-of-a-kind boxed set - every gorgeous girl, nefarious villain and charismatic 120¡ Pæiûc Ae., 9e- 1200 T@ü. ll¡A 98{t2 CLASS ACTION COMPLAINT. 15 Tc¡ 253.572..llfþ Fú 2.ã3.272.5732 frËfiigðo*Y'* m.ciæ¡tomrl¡s.on 18016-1/ASK/754s r 6 24 Case 2:17-cv-00541-RSM Document 1-2 Filed 04/07/17 Page 16 of 23 I star from Sean Connery to Daniel Craig." 2 54. Plaintiff believed that the James Bond Collection contained ALL the James Bond JI films as represented on the box, which films would include Casino Royale (1967) and Never Say 4 Never Again if complete. Plaintiff would not have purchased the James Bond Collection at the 5 price she paid absent the false, misleading and deceptive representations on the box of the James 6 Bond Collection as set forth above. 7 55. Instead of purchasing what she thought was a boxed set containing ALL of the 8 James Bond films, Plaintiff purchased a set containing ALL of the James Bond films MINUS 9 two (2) such films, namely Casino Royale (1967) and Never Say Never Again. 10 56. Plaintiff lost money as a result of Defendants' unfair and deceptive claims in that 11 she did not receive what she paid for. t2 57. Casino Royale (1967) and Never Say Never Again can be purchased individually t3 on the Amazon website and, on information and beliet in traditional brick and mortar stores T4 and/or their related websites. In addition, MGM, on its own website, offers for sale through 15 ArnazonNever Say Never Again.3 T6 58. On information and beliet Casino Royale (1967) can be purchased for $ 29.99 T7 and Never Say Never Again can be purchased for $39.38 on the Amazon website. 18 59. Accordingly, in order to have ALL the Bond films as represented on the Sets, I9 Plaintiff would have to spend approximately 529.99 plus tax for Casino Royale (1967) and 20 $39.38 plus tær for Never Say Never Again for a total of $69.37 plus tax. Potential additional 2t shipping and handling charges might also apply if these two missing movies are purchased on 22 Amazon or other websites. 23 60. Plaintiff was misled by Defendants' false, unfair, and deceptive representations. 24 Plaintiff and Class members paid more money than they should have as a result of the 25 Defendants' false, unfair, and deceptive misrepresentations to the extent that the monies they 26 s http ://www.mgm.com/#/results/j ames+bond (last visited Jan. 3 0, 2017). 1201 Prciñc 41r.. 9È. t2o0 T6u, lÃtA 98.¡02 CLASS ACTION COMPLAINT - 16 TGl253-572.{t00 Fu 2ó3.272.5?32 fr8fiiUðRY'o m.ciæ¡hoçcrl¡w-om 1 8016-l/ASK/754516 25 Case 2:17-cv-00541-RSM Document 1-2 Filed 04/07/17 Page 17 of 23 I paid for the Set exceeded the value of the Set they received. 2 61. Plaintiff and Class members have conferred substantial benefits on Defendants by 5 purchasing their James Bond DVD and/or Blu-ray Sets, and Defendants have consciously and 4 willingly accepted and enjoyed these benefits. 5 62. Defendants knew or should have known that consumers' payments for their James 6 Bond DVD andlor Blu-ray Sets were given with the expectation that the Sets would include "all" 7 of the James Bond movies as represented. 8 63. Because of the false, unfair, and deceptive misrepresentations as described herein, 9 Defendants have been unjustly enriched by their wrongful receipt of Plaintiffs and Class 10 members'monies. il 64. Defendants should be required to account for and disgorge all monies, profits and l2 gains which they have obtained or will unjustly obtain in the future at the expense of consumers. 13 CLASS ALLEGATIONS t4 65. Plaintiff realleges and incorporates by reference as if fully rewritten the previous l5 paragraphs of the Complaint T6 66. Plaintiff brings this action as a class action pursuant to Washington Superior Court t7 Rule 23. Plaintiff seeks certification of Plaintiffs claims and certain issues in this action on 18 behalf two alternative Classes (hereinafter referred to as the "Plaintiff Class" or "Class") l9 consisting of: 20 All persons who purchased, since March 6,2013, one or more DVD/Blu-ray box 2l sets entitled Bond 50: Celebrating Five Decades of Bond 007, The James Bond Collection, 22 andlor The Ultimate James Bond Collection, in the United States, for their own or household use 23 rather than for resale or distribution. 24 Altematively, all persons who purchased, since March 6, 2013, one or more 25 DVD/Blu-ray box sets entitled Bond 50: Celebrating Five Decades of Bond 007, The James 26 Bond Collection, and/or The Ultimate James Bond Collection, in the states of Califomia, Florida, 1201 Pei6c Ae., ge. læO 1@ü, WA 96,{}2 CLASS ACTION COMPLAINT - 17 T.l 253.5?9.,1¡tO0 îs 253.272.6732 frE'fiffiR,Y.'- rw.ciæ¡towc¡l¡w-øn 18016-l/ASK/7545 I 6 26 Case 2:17-cv-00541-RSM Document 1-2 Filed 04/07/17 Page 18 of 23 I Illinois, Massachusetts, Michigan, Minnesota, Missouri, New Jersey, New York, and 2 V/ashington,4 for their own or household use rather than for resale or distribution. 3 Specifically excluded from the Class are Defendants, officers, directors and 4 employees of any of the Defendants and members of their immediate families, and any Judge 5 who may preside over this case and his or her immediate family. 6 67. Plaintiff reserves her right to amend or modify the Class description with greater 7 specificity or further division into subclasses or limitations to particular issues. 8 68. This action has been brought and may properly be maintained as a class action 9 pursuant to Washington Superior Court Rule 23, in that there is a well-defined community of 10 interest, the Class is so numerous as to make it impracticable to bring all of its members before 11 the Court, the adjudication of this action as a class action is a superior method of resolving this t2 controversy, and substantial benefits will accrue to members of the Class. 13 69. The precise number of Class members is as yet unknown to Plaintiff. However, t4 based on the sales of all Sets throughout the United States, upon information and beliet Plaintiff t5 alleges the number of Class members to be in the hundreds of thousands. It is therefore l6 impracticable to bring all members of the Class before this Court and disposition of the Class t7 members' claims in a class action is in the best interests of the parties and judicial economy. 18 70. There is a community of interest in that (a) common questions of law and fact in l9 this action predominate over individual questions, (b) the claims of the Class representatives are 20 typical of the claims of other members of the Class, and (c) the Class representatives will 2l adequately represent the interests of the Class. 22 71. COMMONALITY: Common questions of law and fact exist as to all members of 23 24 a The states in the Multi-State Class are limited to those states with similar consumer fraud laws under the facts of this case: Califomia (Cal. Bus. & Prof. Code $ 17200, et seq.; Cal. Civ. Code $ 25 1770 et seT.;and Cal. Bus. & Prof. Code $ 17500 et seq.); Florida (Fla. Stat. $ 501.201, et seq.); Illinois (815 lll. Comp. Stat. 505/1, et seq.); Massachusetts (Mass. Gen. Laws Ch. 934, et seq.); 26 Michigan (Mich. Comp. Laws $ 445.901, et seq.); Minnesota (Minn. Stat. $ 325F.67, et seq.); Missouri (Mo. Rev. Stat. $407.010, et seq.); New Jersey (N.J. Stat. $ 56:8-1, et seq.); New York (N.Y. Gen. Bus. Law $ 349, et seq.); and Washington (Wash. Rev. Code $ 19.86.010, et seq.). CLASS ACTION coMpLArNr - 18 frEfRi$åRY,t- ä###"'* r8016-l/ASrV7s45l6 27 Case 2:17-cv-00541-RSM Document 1-2 Filed 04/07/17 Page 19 of 23 1 the Class and predominate over any questions which affect individual members of the Class in 2 that Defendants have engaged in a common course of conduct in dealings with the Class and J acted in a manner generally applicable to the entire Class. These common questions of law and 4 fact include without limitation: 5 (a) Whether Defendants distributed and marketed, sold or otherwise placed 6 the Sets in the stream of commerce in the United States and/or certain states within the United 7 States; I (b) Whether the representations made by Defendants on the Sets are false; 9 (c) Whether the representations made by Defendants on the Sets are likely to l0 deceive a reasonable consumer; ll (d) Whether the representations made by Defendants on the Sets are unfair or t2 deceptive; 13 (e) Whether Plaintiff and Class members directly and proximately suffered t4 injury to their business or property by purchasing the Sets; l5 (Ð Whether the representations on the outside of the box Sets constitute T6 express waranties the Defendants breached and whether said representations also give rise to t7 claims for breach of the implied warranty of merchantability for which the Defendants are liable 18 to Plaintiff and the Class; and t9 (g) Whether Plaintiff and Class members are entitled to punitive damages 20 under the Washington Consumer Protection Act. 2T 72. TYPICALITY: The claims of Plaintiff are typical of the claims of the other Class 22 members in that the Plaintiff like other Class members, purchased one of the Sets distributed 23 and/or marketed by Defendants which contained the false, untrue, deceptive, and misleading 24 representations, and Plaintiff, like the other members of the Class, have been damaged by 25 Defendants' false, untrue, deceptive, and misleading representations in that they purchased a Set 26 that did not contain ALL of the James Bond films as represented. Furthermore, the factual basis 12û1 Pôciñc Àe., gþ.1200 T¡ou, l1'A 98402 CLASS ACTION COMPLAINT - 19 Ter2l3-Si2-rt00 Ês 3.272.õ732 frEfFXa*Y* m¡iæ¡towrhw-om I 801 6-1/ASK/7545 l6 28 Case 2:17-cv-00541-RSM Document 1-2 Filed 04/07/17 Page 20 of 23 I of Defendants' misconduct is common to all Class members and represents a common thread of 2 misconduct resulting in injury to all Class members. Lastly, the relief sought is common. J 73. ADEQUATE REPRESENTATION: Plaintiff is a member of the Class and will 4 fairly and adequately represent and protect the interests of the Class. Plaintiff has retained 5 counsel who are experienced in prosecuting consumer class actions. Plaintiff has ho interests that 6 conflict with those of the Class. Plaintiff and her counsel are committed to vigorously 7 prosecuting this action on behalf of the Class. I 74. SUPSRIORITY: Defendants' conduct applied uniformly to Plaintiff and all 9 Class members so that Plaintiff and all Class members were uniformly deceived. A class action is 10 superior to all other available methods for the fair and efficient adjudication of this controversy. 11 Plaintiff and Class members have suffered economic harm as a result of Defendants' unlawful t2 and wrongful conduct which was directed towards Class members and the public as a whole 13 rather than specifically and uniquely against any individual Class members. l4 75. Defendants have acted in a uniform manner with respect to Plaintiff and Class l5 members. Absent a class action, most Class members would likely find the costs of litigating l6 their claims prohibitively high and would therefore have no effective remedy at law. Because of l7 the relatively small size of any individual Class member's claims, it is likely that only a few 18 could afford to seek legal redress for Defendants' misconduct. Absent a class action, Class t9 members will continue to incur damages and Defendants' wrongful conduct will continue with 20 no effective remedy. 2t 76. Class treatment in this Court will conserve the resources of the courts and the 22 litigants and will promote consistency and efficiency of adjudication by providing common 23 answers to the common questions of knowledge, conduct, duty, and breach that predominate in 24 this action. 25 77. Plaintiff knows of no difficulty that will be encountered in the management of this 26 litigation that would preclude its maintenance as a class action. 1ã)1 Prci6c Ae., ge- 12{þ T¡@q, W 98{12 CLASS ACTION COMPLAINT - 20 T!¡ 253-572.,1500 rúrl3.2i2.5732 frEfiigðo*Y'* w.aûaôhowcdaç-@û I 8016-1/ASK/7545 I 6 29 Case 2:17-cv-00541-RSM Document 1-2 Filed 04/07/17 Page 21 of 23 I couNT I - yIOLATION OF WASHINGTON'S CONSUMER PROTECTION ACT. RC\ü 19.86 2 78. Plaintiff realleges and incorporates by reference as if fully rewritten the previous 3 paragraphs of the Complaint 4 79. The Defendants' marketing and sale of the Sets as described herein by way of 5 statements or advertisements on the Sets' packaging that are false constitute unfair or deceptive 6 acts or practices in trade or coÍrmerce that affects the public interest that has caused injury to 7 Plaintiffls business or property and the Class's business or property. 8 80. As a direct and proximate result of the Defendants' violation of the Washington 9 Consumer Protection Act, Plaintiff and Class members have been damaged in an amount to be 10 proven at trial. The Court should enter a judgment for actual damages in favor of Plaintiff and 11 the Class and increase the award of damages up to an amount not to exceed three times the actual l2 damages sustained pursuant to RCW 19.86.090. l3 COUNT II - BREACH OF'EXPRESS WARRANTIES l4 81. Plaintiff realleges and incorporates by reference as if fully rewritten the previous 15 paragraphs of the Complaint l6 82. Beginning on or about September 15,2012, which is at least since four years prior t7 to the filing date of this action, and as set forth hereinabove, Defendants made representations to 18 the public, including Plaintiff, on their packaging and other means that the Sets included "all" of t9 the Bond films and 'every gorgeous girl, nefarious villain and charismatic star from Sean 20 Connery to Daniel Craig."' These and related promises became part of the basis of the bargain 2l between the parties and thus constituted express warranties. 22 83. Thereon, Defendants, through their distributors and agents, sold the Sets to 23 Plaintiff and Class members, who bought the Sets from Defendants' distributors and agents. 24 84. However, Defendants breached the express warranties they made by virtue of the 25 representations they generated and printed on the outside of the Sets in that the Sets were missing 26 o"all' two Bond films and in fact did not include of the Bond films and 'every gorgeous girl, 1201 P¡ci6. A¡1., gG. 1200 T¡ou, WA 98.l{'i¡ CLASS ACTION COMPLAINT - 2I Tcl 25it.5?2.{500 Fs 2õ3.272.57trz frEfËMR'Y,'- m.¿iæ¡bowrl¡w-oa I 8016-1/ASKi7545 l6 30 Case 2:17-cv-00541-RSM Document 1-2 Filed 04/07/17 Page 22 of 23 I nefarious villain and charismatic star from Sean Connery to Daniel Craig."' As a result of this 2 breach, Plaintiff and Class members in fact did not receive goods as warranted by Defendants. a J 85. As a direct and proximate result of this breach of warranty by Defendants, 4 Plaintiff and Class members have been damaged in an amount to be determined at trial. 5 COUNT III - BREACH OF THE IMPLIED \ryARRANTY OF'MERCHANTABILITY 6 86. Plaintiff realleges and incorporates by reference as if fully rewritten the previous 7 paragraphs of the Complaint. I 87. Beginning on or about September 15,2012, which is at least since four years prior 9 to the filing date of this action, and as set forth hereinabove, Defendants made representations to l0 consumers, including Plaintiffs, on their packaging and other means that the Sets included 'o'all' 11 of the Bond films and 'every gorgeous girl, nefarious villain and charismatic star from Sean T2 Connery to Daniel Craig."' Plaintiff and other consumers bought the Sets from Defendants' l3 distributors and agents. l4 88. An implied warranty of merchantability guarantees that consumer goods meet 15 each and every one of the following: (1) Pass without objection in the trade under the contract t6 description; (2) Are fit.for the ordinary purposes for which such goods are used; and (3) run, l7 within the variations permitted by the agreement, of even kind, quality and quantity within each 18 unit and among all units involved; (4) Are adequately contained, packaged, and labeled as the t9 agreement may require; and (5) Conform to the promises or affirmations of fact made on the 20 container or label if any. RCW 62A.2-314. 2T 89. Defendants were merchants with respect to goods of this kind which were sold to 22 Plaintiff and other consumers, ffid there was in the sale to Plaintiff and Class members an 23 implied warranty that those goods were merchantable. 24 90. However, Defendants breached that warranty implied in the contract for the sale 25 of goods, in that the Sets were missing two Bond films and in fact did not include "'all' of the 26 Bond films and 'every gorgeous girl, nefarious villain and charismatic star from Sean Connery to læl Prci6c A¡r., gø. 1200 Teq, W 98402 CLASS ACTION COMPLAINT - 22 1-1253-572.1i00 Fs 2'¿3.2i2.i732 frEfFigð',.'Y,'- rTç.ci¿¡ùowrl¡ç-om I 8016-1/ASK/7545 16 31 Case 2:17-cv-00541-RSM Document 1-2 Filed 04/07/17 Page 23 of 23 I Daniel Craig"' as set forth in detail hereinabove. 2 Y. As a result of Defendants' conduct, Plaintiff and Class members did not receive 3 goods as impliedly warranted by Defendants to be merchantable. 4 92. As a direct and proximate result of this breach of warranty by Defendants, 5 Plaintiff and other Class members have been damaged in an arnount to be determined at trial. 6 PRAYER X'OR RELIEF' 7 WHEREFORE, Plaintiff, on behalf of herself and Class members prays for: 8 1. An Order certifying the Class, and appointing Plaintiff as representative of the 9 Class, and appointing counsel of record for Plaintiff as Class counsel; 10 2. The entry of judgment on the claims set forth in this Complaint in favor of 11 Plaintiff and the Class and against the Defendants in an amount to be proven at trial; 12 3. Actual damages to Plaintiff and all Class members; 13 4. Punitive or exemplary damages under the Washington Consumer Protection Act t4 to Plaintiff and all Class members; 15 5. An award of attomeys' fees; t6 6. An award of costs; t7 7 . An award of interest, including both pre and post-judgment interest, at the highest 18 rate allowable by law; and t9 8. Such other and further relief as the Court may allow. 20 DATED this S_day of March,2}l7. EISENHOV/ER CARLSON PLLC 2t 22 By 23 Alexander S. Kleinberg, WSBA # 34449 akleinberg@eisenhowerlaw. 24 com 1201 Pacific Avenue, Suite 1200 25 Tacoma, Washington 98402 Telephone: (253) 572-4500 26 Facsimile: (253) 272-5732 Attomeys for Plaintiff Mary L. Johnson 1201 P¡ci6. A$-, gþ.1200 T@u, lfÄ 98¿02 CLASS ACTION COMPLAINT - 23 T.1253-5?2..¡ilO F3 2ö3.272-5732 frå'fiigð''uY,,'* m.cic¡ùorcrl¡w.on I 801 6-lIASK/7545 I 6 32