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Russomanno &Borrello, P.A. ^ GIRARDl I KEESE Jt THOMAS V. GIRARDl, Bar No. 36603 If 1126 Wilshire Boulevard FILED SUTCRIOR COURT OF CALIFORNIA Los Angeles, California 90017 COUNTY OK LOSANGELES Telephone: (213)977-0211 Facsimile: (213)481-1554 MAY 31 201Z ,«, Executive Officer/Clerk RUSSOMANNO &BORRELLO, P.A. ^ Deputy Herman Russomanno, (Florida Bar No. 240346) Pro Hac ViceApp Forthcoming Robert Borrello, (Florida Bar No. 764485) Pro Hac Vice Application Forthcoming 150 West Flagler Street - PH 2800 Miami, FL 33130 Telephone: (305) 373-2101 Facsimile: (305) 373-2103 GOLDBERG, PERSKY & WHITE, P.C. Jason E. Luckascvic, (Pennsylvania Bar No. 85557) Pro Hac Vice Application Forthcoming John T. Tiemey, 111 (Pennsylvania Bar No. 00287) ProHac Vice Application Forthcoming 1030 Fifth Ave. Pittsburgh, PA 15219 13 Telephone: (412)471-3980 jo -o •zt 50 m *>• a» rn —< r> Facsimile: (412)471-8308 S3 m m I-* rn 14 •c * m -h 3> -t n o n Q B « It* 3: 3> 2C *• Attorneysfor Plaintiffs a » w S _ 15 o x rn o *»• •as •« a •• 3": tn o m <• cfl o •s* •• o 5- o OP 16 en . SUPERIOR COURT OF THE STATE OF CALIFORNIA o en . 17 o CD COUNTY OF LOS ANGELfiS o O 5 o 18 19 JOE KAPP; PAUL LOWE; CRAIG COTTON; CASE NO. BC4 B5777 z'± JOSEPH BEAUCHAMP; JIM PETERSON; 20 TIMOTHY STOKES; JON JAQUA; EDWARD 21 GALIGHER; HUBERT GINN; ROGER ANDERSON, SENIOR; JOHNNIE DIRDEN; COMPLAINT FOR DAMAGES 22 TAMARICK VANOVER; MYRON JONES; DENNIS MCKINLEY; DAVID CADIGAN; 23 MICHAEL JAMESON, JUNIOR; BRETT 30 O 3> a> o 24 FARYNIARZ; MICHAEL KADISH; REGINALD > rn a: m m J. s -*> X» JOHNSON; ERIC WILLIAMS; MICHAEL —i en m 25 PITTMAN; ROBERT PETRICH; LESLIE gsss W "SPEEDY" DUNCAN; WALT SWEENEY; DEMAND FORJURY TRlJtff * 04 en o» en 00 26 -— o un ac -J EARLE FAISON; WILFRED GRANT; .» --I C»- —3 •-<• CI NATHANIEL WHITMYER; THOMAS MYERS; m -o [2 BOB GAGL1ANO; MATTHEW HATCHETTE; on rn o £8I oo m • 1- COMPLAINT FOR DAMAGES 1 JIM COLLINS; RICHARD WESTMORELAND; HUGH DOUGLAS; ERIC WILLIAMS; 2 ANDREW GISSINGER; JAMES WASHINGTON; REUBEN DROUGHNS; 3 MARVIN SMITH; CLARENCE DUREN; 4 WILLIE GERMANY; and TERRELLE SMITH 5 Plaintiffs, 6 v. 7 NATIONAL FOOTBALL LEAGUE; NFL 8 PROPERTIES LLC; RIDDELL, INC. d/b/a RIDDELL SPORTS GROUP, INC, ALL 9 AMERICAN SPORTS CORPORATION, d/b/a RIDDELL/ALL AMERICAN; RIDDELL 10 SPORTS GROUP, INC., EASTON-BELL 11 SPORTS, INC.; EASTON-BELL SPORTS, LLC; EB SPORTS CORP.; and RBG HOLDINGS 12 CORP.; and JOHN DOES 1 through 100, Inclusive, 13 14 Defendants. 15 16 The Plaintiffs, all individuals, hereby complain of Defendants listed above and hereby allege as 17 follows: 18 19 PARTIES 20 Plaintiffs: 21 1. Mr. Joe Kapp is a resident ofand domiciled in the Suite ofCalifornia, 22 2. Mr. Paul Lowe is a resident ofand domiciled in the State ofCalifornia. 23 24 3. Mr. Craig Cotton is aresident ofand domiciled in the| State ofCalifornia. 25 4. Mr. Joseph Beauchamp is a resident ofand domiciled in the State ofCalifornia. 26 5. Mr. Jim Peterson is a resident ofand domiciled in the State ofCalifornia. *27 6. Mr. Timothy Stokes is a resident of anddomiciled in the State of Oregon. & S28 COMPLAINT FOR DAMAGES 7. Mr. Jon Jaqua is a resident ofand domiciled in the State ofCalifornia. 2 8. Mr. Edward Galigher is a resident ofand domiciled in the State ofCalifornia, 3 9. Mr. Hubert Ginn is a resident ofand domiciled in the State ofGeorgia, 4 10. Mr. Roger Anderson, Senior is a resident ofand domiciled in the State of Virginia. 5 11. Mr. Johnnie Dirden is a resident ofand domiciled in the State ofColorado, 6 12. 7 Mr. Tamarick Vanover is a resident ofand domiciled in the State of Florida, 8 13. Mr. Myron Jones is a resident ofand domiciled in th^ State ofCalifornia. 9 14. Mr. Dennis McKinley is a resident ofand domiciled in the State of Arizona. 10 15! Mr. David Cadigan is a resident ofand domiciled in the State ofSouth Carolina. 11 16. Mr. Michael Jameson, Junior is a resident of and dorfiliciled in the State of Arizona. 12 17. Mr. Brett Faryniarz is a resident ofand domiciled in the State ofCalifornia. 13 14 18. Mr. Michael Kadish is a resident ofand domiciled in the State ofMichigan. 15 19. Mr. Reginald Johnson is a resident ofand domiciled in the State ofFlorida. 16 20. Mr. Eric Williams is a resident ofand domiciled in the State of Missouri. 17 21. Mr. Michael Pittman is a resident ofand domiciled in the State ofArizona. 18 22. Mr. Robert Petrich is a resident ofand domiciled in the State ofCalifornia. 19 20 23. Mr. Leslie "Speedy" Duncan is a resident ofand domiciled in the State ofCalifornia. 21 24. Mr. Walt Sweeney is a resident ofand domiciled in the State ofCalifornia. 22 25. Mr. Earle Faison is a resident ofand domiciled in the State ofArizona. 23 26. Mr. Wilfred Grant is a resident ofand domiciled in the State ofNew York. 24 27. Mr. Nathaniel Whitmyer is a resident ofand domiciled in the State ofCalifornia. 25 26 28. Mr. Thomas Myers is a resident ofand domiciled in the State ofTexas. w 27 29. \ Mr. Bob Gagliano is a resident ofand domiciled in the State ofCalifornia. S U8 COMPLAINT FOR DAMAGES 1 30. Mr. Matthew Hatchette is a resident ofand domiciled in the State ofCalifornia. 2 31. Mr. Jim Collins is a resident ofand domiciled in the State ofCalifornia. 3 32. Mr. Richard Westmoreland is a resident ofand domiciled in the State ofCalifornia 4 33. Mr. Hugh Douglas is a resident ofand domiciled in <he State ofPennsylvania. 5 34. Mr. Eric Williams is a resident ofand domiciled in the State ofTexas. 6 35. Mr. Andrew Gissinger is a resident ofand domiciled in the State ofCalifornia. 7 8 36. Mr. James Washington is a resident ofand domiciled in the State ofCalifornia. 9 37. Mr. Reuben Droughns is a resident ofand domiciled in the State ofColorado. 10 38. Mr. Marvin Smith is a resident ofand domiciled in tlile State ofCalifornia. 11 39. Mr. Clarence Duren is a resident ofand domiciled in the State ofCalifornia. 12 40. Mr. Willie Germany is a resident ofand domiciled i the State ofMaryland, 13 14 41. Mr. Terrelle Smith is a resident ofand domiciled in tlhe State ofCalifornia. 15 Defendants: 16 42. Defendant National Football League ("the NFL")is i an unincorporated association with its 17 headquarters located in the Slate ofNew York. The NFL regularly conducts business in California. 18 43. Defendant NFL Properties, LLC as the successor-in-interest to National Football League 19 20 Properties Inc. ("NFL Properties") is a limited liability company organized and existing under the laws ot 21 the State of Delaware with its headquarters in the State of New York(. NFL Properties is engaged, among 22 other activities, approving licensing and promoting equipment usee by all the NFL teams. NFL Properties 23 regularly conducts business in California. 24 44. Defendant Riddell, Inc. (d/b/a Riddell Sports Group Inc.) is a corporation organized and 25 26 existing under the laws of the State of Illinois, and is engaged in the business of designing, manufacturing, «27 5) ^<28 w COMPLAINT FOR DAMAGES 1 selling and distributing football equipment, including helmets, to the NFL and since 1989 has been the 2 official helmet ofthe NFL. Riddell, Inc. regularly conducts business in California. 3 45. Defendant All American Sports Corporation, d/b/a RiddelI/All American, is a corporation 4 organized and existing under the laws ofthe State of Delaware and is engaged in the businessof designing, 5 manufacturing, selling and distributing football equipment, includi^ig helmets, to the NFL and since 1989 6 7 has been the official helmet of the NFL. All American Sports regiul^irly conducts business inCalifornia. 8 46. Defendant Riddell Sports Group, Inc. is a Delaware^ corporation with its principal place oi 9 business at 6255 N. State Highway, #300, Irving, Texas 76038. Riddell Sports Group, Inc. regularly 10 conducts business in California. 11 47. Defendant Easton-Bell Sports, Inc. is a Delaware Corporation with a principal place of 12 13 business at 7855 Haskell Avenue, Suite 200, Van Nuys, California 91406 and is a parent corporation of 14 Riddell Sports Group Inc. Easton-Bell Sports, Inc. designs, develops, and markets branded athletic 15 equipment and accessories, including marketing and licensing pro<^ucts under the Riddell brand. Easton- 16 Bell Sports, Inc. regularly conducts business in California. 17 48. Defendant Easton-Bell Sports, LLC is the parent corboration ofEaston-Bell Sports, Inc. and 18 is incorporated in Delaware, with a principal place of business at 52 West 57lh Street, New York, New 19 20 York 10019. Easton-Bell Sports. LLC regularly conducts business i|n California. 21 49. DefendantEB Sports Corp. is a Delaware corporation with its principal place of business at 22 7855 Haskell Avenue, Van Nuys, California 91406. EB Sports Corp. regularly conducts business in 23 California. 24 50. Defendant RBG Holdings Corp. is a Delaware corporation with its principal place of 25 26 business at 7855 Haskell Avenue, Suite 350, Van Nuys, California 91406. RBG Holdings Corp. regularly *27 conducts business in California. si $28 r* ft! COMPLAINT FOR DAMAGES 1 51. Defendants Riddell, Inc., Riddell Sports Group Inc.., All American Sports Corporation 2 Easton-Bell Sports, Inc., EB Sports Corp., Easton-Bell Sports LLC, and RBG Holdings Corp., shall 3 hereinafter be referred to collectively as "Riddell" or the"Riddell Defendants." 4 JURISDICTION AND VENUE 5 52. Jurisdiction is based upon the California Constitution Article 6, Section 10. 6 7 53. Venue is proper in this Court pursuant to Section 395(A) of the California Code of Civil 8 Procedure.
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