Case 3:15-cv-01637-JLS-DHB Document 3 Filed 11/04/15 Page 1 of 8 1 PATRICIA L. GLASER – State Bar No. 55668 [email protected] 2 ERICA J. VAN LOON - State Bar No. 227712 [email protected] 3 JESSICA E. MENDELSON - State Bar No. 280388 [email protected] 4 GLASER WEIL FINK HOWARD AVCHEN & SHAPIRO LLP 5 10250 Constellation Boulevard, 19th Floor Los Angeles, California 90067 6 Telephone: (310) 282-6250 Facsimile: (310) 785-3550 7 Attorneys for Defendant Conaco, LLC 8 9 UNITED STATES DISTRICT COURT 10 SOUTHERN DISTRICT OF CALIFORNIA 11 ROBERT ALEXANDER KASEBERG, CASE NO. 15-CV-01637-JLS-DHB 12 Plaintiff, Hon. Janis L. Sammartino 13 v. 14 15 CONACO, LLC; TURNER ANSWER TO COMPLAINT BROADCASTING SYSTEM; TIME 16 WARNER, INC.; CONAN O'BRIEN; DEMAND FOR JURY TRIAL 17 JEFF ROSS; MIKE SWEENEY; DOES 1-50, inclusive, 18 19 Defendants. 20 21 22 23 24 25 26 27 28 ANSWER TO COMPLAINT 15cv1637 1079450 Case 3:15-cv-01637-JLS-DHB Document 3 Filed 11/04/15 Page 2 of 8 1 Defendant Conaco, LLC (“Conaco” or “Defendant”), by and through their 2 undersigned counsel, responds to Plaintiff Robert Alexander Kaseberg's (“Kaseberg”) 3 Complaint as follows: 4 JURISDICTION AND VENUE 5 1. Defendant admits that Kaseberg seeks claims for relief against 6 Defendant, but denies that such claims have any merit. Defendant admits to doing 7 business in the State of California. Defendant lacks sufficient knowledge or 8 information to form a belief as to the truth of the remaining allegations in paragraph 9 1, and on that basis denies them. 10 2. Defendant admits this Court has subject matter jurisdiction over the 11 claims alleged in the Complaint, but denies that such claims have any merit. 12 3. Defendant denies that venue is proper in this judicial district under 28 13 U.S.C. §1400(a) and §1391. 14 PARTIES TO THE ACTION 15 4. Defendant lacks sufficient knowledge or information to admit or deny 16 the allegations in this paragraph, and on that basis denies them. 17 5. Defendant Conaco, LLC admits that it is a limited liability company 18 organized under the laws of the State of California and is in the television production 19 industry. Defendant Conaco, LLC admits that it is the production company that 20 produces the “Conan” television show. 21 6. Defendant Conaco, LLC admits that Defendant Turner Broadcasting 22 System, Inc. (“TBS, Inc.”) is a business organized under the laws of the State of 23 Georgia, and is registered to do business within the State of California. Defendant 24 admits that TBS, Inc. owns and operates a television network known as “TBS” and 25 that TBS is the television network that airs the “Conan” television show in the United 26 States. Otherwise, Defendant is without sufficient knowledge or information to form 27 a belief as to the truth of the remaining allegations contained in this paragraph, and on 28 that basis denies them. 1 ANSWER TO COMPLAINT 15cv1637 1079450 Case 3:15-cv-01637-JLS-DHB Document 3 Filed 11/04/15 Page 3 of 8 1 7. Defendant Conaco, LLC admits that Defendant Time Warner, Inc. is a 2 business organized under the laws of the State of Delaware, and is registered to do 3 business within the State of California. Otherwise, Defendant is without sufficient 4 knowledge or information to form a belief as to the truth of the remaining allegations 5 contained in this paragraph, and on that basis denies them. 6 8. Defendant admits that Defendant is an individual living in Los Angeles, 7 California. Defendant admits that Conan O’Brien is the creator, executive producer, 8 writer, and presenter of the “Conan” television show. 9 9. Defendant admits that Defendant Conan O’Brien is an individual living 10 in Los Angeles, California. Defendant admits that Jeff Ross is an executive producer 11 of the “Conan” television show. 12 10. Defendant admits that Mike Sweeney is an individual living in Los 13 Angeles, California, and the head writer at the “Conan” television show. 14 11. Defendant admits that “Conan” is a late night television show airing each 15 Monday through Thursday on TBS in the United States. Otherwise, Defendant is 16 without sufficient knowledge or information to form a basis as to the truth of the 17 remaining allegations contained in this paragraph, and on that basis denies them. 18 12. Defendant denies the allegations contained in this paragraph to the extent 19 such allegations pertain to it. Otherwise, Defendant is without sufficient knowledge 20 or information to form a belief as to the truth of the remaining allegations contained 21 in this paragraph, and on that basis denies them. 22 13. Defendant denies the allegations contained in this paragraph to the extent 23 such allegations pertain to it. Otherwise, Defendant is without sufficient knowledge 24 or information to form a belief as to the truth of the remaining allegations contained 25 in this paragraph, and on that basis denies them. 26 GENERAL ALLEGATIONS 27 14. Defendant is without sufficient knowledge or information to form a 28 belief as to the truth of the allegations contained in this paragraph, and on that basis 2 ANSWER TO COMPLAINT 15cv1637 1079450 Case 3:15-cv-01637-JLS-DHB Document 3 Filed 11/04/15 Page 4 of 8 1 denies them. 2 15. Defendant is without sufficient knowledge or information to form a 3 belief as to the truth of the allegations contained in this paragraph, and on that basis 4 denies them. 5 15(sic). Defendant denies the allegations contained in this paragraph. By way 6 of further response, Defendant specifically denies that it made any joke which 7 infringed any alleged rights belonging to Plaintiff. 8 16. Defendant is without sufficient knowledge or information to form a 9 belief as to the truth of the allegations contained in this paragraph, and on that basis 10 denies them. 11 17. Defendant denies the allegations contained in this paragraph. By way of 12 further response, Defendant specifically denies that it made any joke which infringed 13 any alleged rights belonging to Plaintiff. 14 18. Defendant is without sufficient knowledge or information to form a 15 belief as to the truth of the allegations contained in this paragraph, and on that basis 16 denies them. 17 19. Defendant denies the allegations contained in this paragraph. By way of 18 further response, Defendant specifically denies that it made any joke which infringed 19 any alleged rights belonging to Plaintiff. 20 20. Defendant is without sufficient knowledge or information to form a 21 belief as to the truth of the allegations contained in this paragraph, and on that basis 22 denies them. 23 21. Defendant denies the allegations contained in this paragraph. By way of 24 further response, Defendant specifically denies that it made any joke which infringed 25 any alleged rights belonging to Plaintiff. 26 22. Defendant denies the allegations contained in this paragraph to the extent 27 such allegations pertain to it. Otherwise, Defendant is without sufficient knowledge 28 or information to form a belief as to the truth of the remaining allegations contained 3 ANSWER TO COMPLAINT 15cv1637 1079450 Case 3:15-cv-01637-JLS-DHB Document 3 Filed 11/04/15 Page 5 of 8 1 in this paragraph, and on that basis denies them. 2 23. Defendant is without sufficient knowledge or information to form a 3 belief as to the truth of the allegations contained in this paragraph, and on that basis 4 denies them. 5 24. Defendant is without sufficient knowledge or information to form a 6 belief as to the truth of the allegations contained in this paragraph, and on that basis 7 denies them. 8 FIRST CAUSE OF ACTION FOR COPYRIGHT INFRINGEMENT 9 25. Defendant denies the allegations contained in this paragraph. 10 26. Defendant denies the allegations contained in this paragraph. 11 27. Defendant denies the allegations contained in this paragraph. 12 28. Defendant denies the allegations contained in this paragraph. 13 29. Defendant denies the allegations contained in this paragraph. 14 30. Defendant denies the allegations contained in this paragraph. 15 31. Defendant denies the allegations contained in this paragraph. 16 KASEBERG’S PRAYER FOR RELIEF 17 Plaintiff's prayer for relief does not contain any allegations. To the extent any 18 response is required to any part of Plaintiff's prayer for relief, including without 19 limitation Paragraphs A through I, including subparts, Defendant denies that Plaintiff 20 is entitled to any relief sought in Plaintiff's prayer for relief. 21 AFFIRMATIVE DEFENSES 22 Further answering the Complaint and as additional defenses thereto, Defendant 23 asserts the following Affirmative Defenses, without assuming the burden of proof 24 when such burden would otherwise be on Kaseberg. 25 FIRST AFFIRMATIVE DEFENSE 26 (Failure to State a Claim) 27 Kaseberg’s Complaint fails to state any claims upon which relief can be granted. 28 SECOND AFFIRMATIVE DEFENSE 4 ANSWER TO COMPLAINT 15cv1637 1079450 Case 3:15-cv-01637-JLS-DHB Document 3 Filed 11/04/15 Page 6 of 8 1 (Lack of Copyrightable Subject Matter) 2 Plaintiff’s purportedly copyrighted works are not subject to copyright 3 protection because they are not original, they lack copyrightable subject matter, 4 and/or are works in the public domain. 5 THIRD AFFIRMATIVE DEFENSE 6 (Copyright Non-Infringement) 7 Defendant has not infringed Plaintiff’s alleged copyrights and Defendant’s 8 work is not substantially similar to Plaintiff’s purported copyright. 9 FOURTH AFFIRMATIVE DEFENSE 10 (Independent Creation) 11 Defendant’s allegedly infringing works were independently created.