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					                                  UNITED STATES DISTRICT COURT
                                 CENTRAL DISTRICT OF CALIFORNIA




                                                                        DEFAULT BY CLERK
                                                                           F.R.Civ.P. 55(a)


       It appearing from the records in the above-entitled action that summons has been served upon the
defendant(s) named below, and it further appearing from the affidavit of counsel for Plaintiff, and other
evidence as required by F.R.Civ.P. 55(a), that each of the below defendants have failed to plead or otherwise
defend in said action as directed in said Summons and as provided in the Federal Rules of Civil Procedure:

       Now, therefore, on request of counsel, the DEFAULT of each of the following named defendant(s) is
hereby entered:




January 13, 2009                                    By Brent Pacillas
Date                                                   Deputy Clerk
     Case 2:08-cv-08116-GAF-RZ            Document 14   Filed 01/11/2009     Page 1 of 2



1      BRENTON L. HORNER (SBN 92399)
       LISA A. GALLO (SBN 201909)
2      Horner & Associates
       205 South Broadway, Suite 905
3      Los Angeles, CA 90012
       Telephone: (213) 680-1716
4      Fax: (213) 680-1905
       Email: bhornerlaw@aol.com
5

6      Attorneys for Plaintiff
       Allied Artists International, Inc.
7

8

9                                 UNITED STATES DISTRICT COURT

10                              CENTRAL DISTRICT OF CALIFORNIA

11

12     ALLIED ARTISTS INTERNATIONAL,                    Case No. CV08-08116-GAF(RZx)
       INC., a Nevada Corporation,
13

14                           Plaintiff,                 PLAINTIFF ALLIED ARTISTS
                                                        INTERNATIONAL, INC.'S REQUEST
15            vs.                                       TO ENTER DEFAULT

16     ROBERT N. ROOKS; ALLIED ARTISTS
       PICTURES CORPORATION, a California
17
       Corporation; ALLIED ARTISTS PICTURES
18     CORPORATION, a Nevada Corporation;
       DARRON CARR; CARLTON JINKENS;
19     JAMMIE PADILLA; MARK NOLTE ; and
       JOHN DOES 1-15, Inclusive,
20

21                       Defendants.
       _______________________________________
22

23

24

25            TO: THE CLERK OF THE ABOVE-ENTITLED COURT
26            Plaintiff Allied Artists International, Inc. ("AAI") hereby requests that the Clerk of
27     the above-entitled Court enter default in this matter against defendants ROBERT N.
28     ROOKS; ALLIED ARTISTS PICTURES CORPORATION, a California Corporation; ALLIED
                                              1
        ____________________________________________________________________________
                PLAINTIFF ALLIED ARTISTS INTERNATIONAL, INC.'S REQUEST TO ENTER DEFAULT
     Case 2:08-cv-08116-GAF-RZ        Document 14        Filed 01/11/2009      Page 2 of 2



1      ARTISTS PICTURES CORPORATION, a Nevada Corporation; DARRON CARR; CARLTON

2      JINKENS; JAMMIE PADILLA; and MARK NOLTE, individually, on the ground that said

3      defendants, and each of them, have failed to appear or otherwise respond to AAI's Complaint

4      within the time prescribed by the Federal Rules of Civil Procedure. AAI served its Complaint

5      and Summons in this matter on December 11, 2008, as evidenced by the proof of service of

6      Summons and Complaint on file with this Court.

7             The above stated facts are set forth in the accompanying Declaration of Brenton L.

8      Horner filed herewith.

9      Dated: January 12, 2009

10

11

12                                                 _________________________________
                                                   Brenton L. Horner
13                                                 Attorneys for Plaintiff
                                                   ALLIED ARTISTS INTERNATIONAL, INC.
14

15

16

17

18
19
20

21

22

23

24

25

26

27

28
                                             2
        ____________________________________________________________________________
                PLAINTIFF ALLIED ARTISTS INTERNATIONAL, INC.'S REQUEST TO ENTER DEFAULT
     Case 2:08-cv-08116-GAF-RZ         Document 14-2       Filed 01/11/2009   Page 1 of 2



1       BRENTON L. HORNER (SBN 92399)
        LISA A. GALLO (SBN 201909)
2       Horner & Associates
        205 South Broadway, Suite 905
3       Los Angeles, CA 90012
        Telephone: (213) 680-1716
4       Fax: (213) 680-1905
        Email: bhornerlaw@aol.com
5

6       Attorneys for Plaintiff
        Allied Artists International, Inc.
7

8

9                                  UNITED STATES DISTRICT COURT

10                               CENTRAL DISTRICT OF CALIFORNIA

11

12      ALLIED ARTISTS INTERNATIONAL,                      Case No. CV08-08116-GAF(RZx)
        INC., a Nevada Corporation,
13

14                            Plaintiff,                   DECLARATION OF BRENTON L.
                                                           HORNER IN SUPPORT OF
15             vs.                                         PLAINTIFF ALLIED ARTISTS
                                                           INTERNATIONAL, INC.'S REQUEST
16                                                         TO ENTER DEFAULT
        ROBERT N. ROOKS; ALLIED ARTISTS
        PICTURES CORPORATION, a California
17
        Corporation; ALLIED ARTISTS PICTURES
18      CORPORATION, a Nevada Corporation;
        DARRON CARR; CARLTON JINKENS;
19      JAMMIE PADILLA; MARK NOLTE ; and
        JOHN DOES 1-15, Inclusive,
20

21                        Defendants.
        _______________________________________
22

23

24

25             I, Brenton L. Horner, declare as follows:
26             1.     I am an attorney licensed to practice in California and before this Court. I
27      am the senior partner of Horner & Associates, and lead counsel for Allied Artists
28      International, Inc. ("AAI") in this matter. I submit this declaration in support of AAI's
                                               1
         ____________________________________________________________________________
                 DECLARATION IN SUPPORT OF PLAINTIFF ALLIED ARTISTS INTERNATIONAL, INC.'S
                                      REQUEST TO ENTER DEFAULT
     Case 2:08-cv-08116-GAF-RZ        Document 14-2        Filed 01/11/2009     Page 2 of 2



1       Request for Default. I have personal knowledge of the facts stated herein and, if called as

2       a witness, I could and would testify competently thereto.

3               2.     Attached hereto as Exhibit A is a true and correct copy of AAI's Complaint

4       against defendants for Trademark Infringement, Unfair Competition and False

5       Description arising under §§ 32 and 43 of the Lanham Act, 15 U.S.C. §§ 1114(1)

6       (Trademark Infringement) and 1125(a) (Unfair Competition and False Description) and

7       for Injury to Business Reputation. The Complaint was served on each of the defendants

8       on December 11, 2008.

9               3.     Attached hereto as Exhibit B is a true and correct copy of the Summons,

10      also served on each of the defendants on December 11, 2008.

11              4.     Attached hereto as Exhibit C are true and correct copies of the Proof of

12      Service of Summons and Complaint on each of the defendants, each dated December 11,

13      2008.

14              5.     Under Rule 12 of the Federal Rules of Civil Procedure, the defendants were

15      required to respond, answer or otherwise plead to AAI's Complaint by January 10, 2009.

16       None of the defendants nor anyone claiming to represent any of the defendants have

17      contacted anyone at Horner & Associates to request an extension to respond to AAI's

18      Complaint.

19              6.     As of January 12, 2009, none of the defendants have served Horner &

20      Associates with a response, answer or pleading to AAI's Complaint.

21              I declare under penalty of perjury that the foregoing is true and correct.

22              EXECUTED this 12th day of January, 2009 at Los Angeles, California.

23

24

25                                                 _________________________________
                                                   Brenton L. Horner
26                                                 Attorneys for Plaintiff
                                                   ALLIED ARTISTS INTERNATIONAL, INC.
27

28
                                              2
         ____________________________________________________________________________
                 DECLARATION IN SUPPORT OF PLAINTIFF ALLIED ARTISTS INTERNATIONAL, INC.'S
                                      REQUEST TO ENTER DEFAULT
Case 2:08-cv-08116-GAF-RZ        Document 14-3      Filed 01/11/2009       Page 1 of 68



    BRENTON L. HORNER (SBN 92399)
    LISA A. GALLO (SBN 201909)
    Homer & Associates
    205 South Broadway, Suite 905                          Cl.ERK   us   ;W',yp.lcr   CQven
    Los Angeles, CA 90012                                   CENTR Al DiST, (      CAli •.
    Telephone: (213) 680-1716                                       LOS f,NGh £.."
    Fax: (213) 680-1905
    Email: bhornerlaw@aol.com


6   Attorneys for Plaintiff
    Allied Artists International, Inc.



                               UNITED STATES DISTRICT           COURT

                             CENTRAL     DISTRICT   OF CALIFORNIA



    ALLIED ARTISTS INTERNATIONAL,                    Case No.
    INC., a Nevada Corporation,
                                                      CVOa-08116                       GAF    (Rl)
                                                    COMPLAINT FOR
                                                    TRADEMARK INFRINGEMENT;
                                                    FALSE DESCRIPTION;  INJURY TO
                                                    BUSINESS REPUTATION
    ROBERT N. ROOKS; ALLIED ARTISTS
    PICTURES CORPORATION, a California
    Corporation; ALLIED ARTISTS PICTURES
    CORPORATION, a Nevada Corporation;
    DARRON CARR; CARL TON JINKENS;
    JAMMIE PADILLA; MARK NOLTE; and
    JOHN DOES 1-25, Inclusive,




                  COMPLAINT FOR TRADEMARK INFRINGEMENT, UNFAIR COMPETITION,
                      FALSE DESCRIPTION. AND INJURY TO BUSINESS REPUTATION
Case 2:08-cv-08116-GAF-RZ         Document 14-3        Filed 01/11/2009      Page 2 of 68



1            Plaintiff, ALLIED ARTISTS INTERNATIONAL,               INC. (hereinafter "Plaintiff' or
2    "Allied"), by their attorneys, as and for their complaint against Defendants, ROBERT N.
3    ROOKS; ALLIED ARTISTS PICTURES CORPORATION,                          a California Corporation;
4    ALLIED ARTISTS PICTURES              CORPORATION,          a Nevada Corporation;       DARRON
5    CARR; CARLTON JINKENS; JAMMIE PADILLA; and MARK NOLTE (hereinafter
6    collectively referred to as "Defendants" or individually by Last Name), alleges as follows:




10   False Description arising under §§ 32 and 43 of the Lanham Act, 15 U.S.C. §§ 1114(1)
11   (Trademark Infringement) and 1125(a) (Unfair Competition and False Description) and

12   for Injury to Business Reputation.


14   to 28 U.S.C. §§ 1331 and 1338(a) and 15 U.S.C. § 1121. This Court has related claim

15   jurisdiction over the state law tort claim pursuant to 28 U.S.C. § 1338(b) and 28 U.S.C. §

16   1367.


18   Pictures Corporation, because Defendants maintain their principal place of business in the
19   State of California.


21   Defendants are subject to personal jurisdiction in this district at the time the action is
22   commenced, and under 28 U.S.C. § 1391(b) and (c) because a substantial part of the
23   events or omissions giving rise to the claims occurred in this district, a substantial part of

24   the property that is the subject of the action is situated in this district, and the Defendants
25   maintain their principal place of business in this district.




                    COMPLAINT FOR TRADEMARK INFRINGEMENT, UNFAIR COMPETITION,
                        FALSE DESCRIPTION, AND INJURY TO BUSINESS REPUTATION
Case 2:08-cv-08116-GAF-RZ       Document 14-3        Filed 01/11/2009    Page 3 of 68




3    herein was, a corporation organized and existing under the laws of the State of Nevada,
4    having a principal place of business at 5415 W. Harmon Avenue, Suite 2001, Las Vegas,
5    Nevada 89103.


7    is, and at all times mentioned herein was, a corporation organized and existing under the
8    laws of the States of California and Nevada, having a principal place of business at 880
9    West 1st Street, #306, Los Angeles, California 90012.


11   herein as DOES 1 through 25, inclusive, and therefore sues these defendants by such
12   fictitious names. Allied will amend this complaint to allege their true names and
13   capacities when ascertained. Allied is informed and believes and therefore alleges that
14   each of the fictitiously named defendants is responsible in some manner for the
15   occurrences herein alleged, and Allied's injuries as herein alleged were proximately

16   caused by such defendants. These fictitiously named defendants along with the
17   defendants named above, are herein referred to collectively as "Defendants."




21   products since the beginning of motion pictures incorporating sound or "talkies." In the
22   early 1980's Robert Abernathy and Richard Smith acquired the rights to use the name
23   Allied Artists and Allied Artists Records. On May 10, 1995, trademark and service mark
24   rights to the name Allied Artists were assigned to William Redmond as the principal of
25   the Allied Entertainment Group. On June 18, 1999, The Allied Entertainment Group
26   incorporated under the laws of the state of Delaware as The Allied Entertainment Group,
27   Inc.. Pursuant to a stock transfer agreement, the Allied Entertainment Group, Inc., a

28   Delaware Corporation was acquired on April 1, 2001 by Plaintiff, Allied Artists
                                                 3
                   COMPLAINT FOR TRADEMARK INFRINGEMENT, UNFAIR COMPETITION,
                       FALSE DESCRIPTION, AND INJURY TO BUSINESS REPUTATION
 Case 2:08-cv-08116-GAF-RZ       Document 14-3         Filed 01/11/2009    Page 4 of 68



1    International, Inc., a Nevada Corporation (formerly Allied Artists Records). Regardless
2    of Plaintiffs corporate name or state of incorporation, it has at all times continued to use
3    the name Allied Artists in commerce, within the entertainment fields, including but not

4    limited to the production and distribution of motion pictures, phonograph records, DVDs,
5    CDs and interactive entertainment software.




8    services of entertainment professionals, namely, talent agency services" in International
9    Class: 035; and "Production and distribution of entertainment services, namely,
10   phonograph records, motion picture films, video tapes, DVDs, and radio and television

11   programs" in International Class: 041, by the United States Patent and Trademark Office
12   ("USPTO"), see Exhibit A.


14   Section 8 of the Trademark Act, 15 U.S.C. § 1058(a)(l) and Section 15 of the Trademark
15   Act, 15 U.S.C. § 1065, see Exhibit B. Accordingly, Plaintiffs rights to the trademark

16   "ALLIED ARTISTS" in the above mentioned International Classes were deemed
17   "Incontestable" under' Section 15 of the Trademark Act, 15 U.S.C. § 1065.


19   was formed under the laws of the State of California on April 30, 2008 and previously
20   under the laws of the State of Nevada on March 28, 2008.      Both corporations have
21   consistently listed the name "Mark Nolte" as their agent for service of process. Despite
22   the fact that Mr. Nolte's address is listed in California as 880 W. 1st Street, #306, Los
23   Angeles, California 90012, he is also listed in Nevada at 6515 Villa Del Sol Courts, Suite
24   B, Las Vegas, Nevada 89110. However, Mr. Nolte's mailing address is listed on the
25   Nevada corporation as 880 W. 1st Street, #306, Los Angeles, California 90012, see
26   Exhibit C.


28   once headed by Defendant Robert N. Rooks previously entered into an agreement with
                                                   4
                   COMPLAINT FOR TRADEMARK INFRINGEMENT, UNFAIR COMPETITION,
                       FALSE DESCRIPTION, AND INJURY TO BUSINESS REPUTATION
Case 2:08-cv-08116-GAF-RZ        Document 14-3         Filed 01/11/2009    Page 5 of 68



1    Plaintiff that could have resulted in Merit's acquiring the rights to Plaintiffs trademarks
2    and service marks. However, Merit defaulted on certain conditions prior to closing of the

3    transaction, and as a result, the agreement terminated by its own terms. Since the
4    termination of the agreement between Merit and Allied, counsel for Allied has notified

5    Merit of the termination and demanded that Merit and Defendant Robert N. Rooks in

6    particular, cease any use ofthe Allied name or mark, see Exhibit D.


8    without Allied's permission, Merit changed its name to Allied Artists Entertainment
9    Group, Inc. and publicly-traded stock under the Allied Artists name, prompting Allied to
10   issue a demand that Merit immediately Cease and Desist any further use of its

11   trademarked name.


13   name from Allied Ar!ists Entertainment Group, Inc. to International Synergy Holding
14   Company, LTD., seemingly complying with Allied's Cease and Desist demand.


16   California entered a final judgment against Rooks, permanently enjoining him from future
17   violations of Section 1O(b) of the Securities Exchange Act of 1934 and Rule 10b-5
18   thereunder, and ordered Rooks to pay a $100,000 third tier civil penalty. The Court found
19   that in 1996 Rooks disseminated false and misleading information that caused a publicly-
20   traded company's stock price to skyrocket from $.13 to $4, or more than 3,000%, during
21   June through September of 1996 (see Exhibit E). Therefore, as of July 29,2002, Rooks
22   was prohibited from acting as an officer or director of Merit or any other publicly-traded




26   investor had previously done business with Allied and phoned Allied's President, Robert
27   Fitzpatrick, to verify Rooks' claims. Mr. Fitzpatrick advised the investor of Rooks'

28   fraudulent background, explained that the real Allied has no relationship whatsoever with
                                                   5
                   COMPLAINT FOR TRADEMARK INFRINGEMENT, UNFAIR COMPETITION,
                       FALSE DESCRIPTION, AND INJURY TO BUSINESS REPUTATION
 Case 2:08-cv-08116-GAF-RZ            Document 14-3           Filed 01/11/2009        Page 6 of 68




1    Rooks and requested that the investor provide sufficient information as to Rooks'

2    whereabouts to enable Allied to prosecute Rooks and his co-defendants for trademark
3    infringement.       The investor was not forthcoming with information, prompting Allied to
4    retain the services of a private investigator, who uncovered Rooks' location and the
5    existence of the two Defendant corporations.


7    fraudulently attract investors, to market and promote its products within the entertainment
8    industry in general is deceptively and confusingly similar to Allied's long-standing
9    trademark for "Promoting the services of entertainment professionals, namely, talent
10   agency services" and "Production and distribution of entertainment services, namely,
11   phonograph records, motion picture films, video tapes, DVDs, and radio and television
12   programs."


14   that holds itself out to be affiliated with the real Allied Artists and invites hopeful artists
15   to sign up with the Defendants' company, passes itself off as the rightful holder of Allied's
16   mark, claims a professional relationship with luminaries such as Jamie Foxx, and
17   references the imposter "Allied Artists Pictures Corporation" as having been acquired by
18   a long time alter ego of Defendant Rooks, International Synergy Holding Company,
19   which appears to now be listed on the Frankfurt Exchange. See Exhibit F. Plaintiffs
20   website, which is the only legitimate website for "Allied Artists" is located at
21   alliedartists.com and can be accessed through the following additional domains, all of
22   which redirect to the primary alliedartists.com site: alliedarists.net, alliedartists.info,
23   alliedartists. ws, alliedartists. us, alliedartists. biz, alliedartists. tv, alliedartist.net,
24   alliedartist.org.     Defendants' website located at alliedartistspicturescorp.com               is not and
25   has never been authorized by Plaintiffs and exists in further violation of Allied's mark.


27   the same types of wholesale, retail and distribution channels and to the same classes of

28   purchasers as Allied's products and services.
                                                          6
                     COMPLAINT FOR TRADEMARK INFRINGEMENT, UNFAIR COMPETITION,
                         FALSE DESCRIPTION, AND INJURY TO BUSINESS REPUTATION
 Case 2:08-cv-08116-GAF-RZ       Document 14-3        Filed 01/11/2009    Page 7 of 68




4    Allied's trademark rights, aimed at preventing Allied from continuing to build a business
5    around a mark that it has long possessed and over which its rights are now incontestable
6    as a matter of law.


                                           FIRST CLAIM
               TRADEMARK         INFRINGEMENT          UNDER LANHAM ACT § 32




13   infringement of Allied's registered trademark "Allied Artists" and is likely to cause
14   confusion, mistake and deception of the public as to the identity and origin of Allied's
15   goods, causing irreparable harm to Allied for which there is no adequate remedy at law.




                                         SECOND CLAIM
                    UNFAIR COMPETITION            UNDER LANHAM ACT § 43




24   services in direct competition with Allied's products and services constitutes Unfair
25   Competition pursuant to 15 U.S.C. § 1125(a). Defendants' use of Allied's mark is likely
26   to cause confusion, mistake and deception among consumers. Defendants' unfair
27   competition has caused and will continue to cause damage to Allied, and is causing
28   irreparable harm to Allied for which there is no adequate remedy at law.
                                                  7
                   COMPLAINT FOR TRADEMARK INFRINGEMENT, UNFAIR COMPETITION,
                       FALSE DESCRIPTION, AND INJURY TO BUSINESS REPUTATION
 Case 2:08-cv-08116-GAF-RZ       Document 14-3       Filed 01/11/2009      Page 8 of 68



                                          THIRD CLAIM
                                      FALSE DESCRIPTION




6    copy of Allied's trademark established in the entertainment-related   market for consumer
7    products that Defendants' use thereof in the context of entertainment is likely to cause
8    confusion, or to cause mistake, or to deceive consumers as to the affiliation, connection or
9    association of Allied's products, or to deceive consumers as to the origin, sponsorship or
10   approval by Allied of the Defendants' counterfeit products.




13   1125(a) (Section 43(a) of the Lanham Act).

14

                                         FOURTH CLAIM
                    COMMON LAW INJURY TO BUSINESS REPUTATION




20   and creates a likelihood of injury to Allied's business reputation because persons
21   encountering Allied and its products and services will believe that Allied is affiliated with
22   or related to or has the approval of Defendants, and any adverse reaction by the public to
23   Defendants and the quality of its products and the nature of its business will injure the
24   business reputation of Allied and the goodwill that it enjoys in connection with its mark
25   "Allied Artists."

26
27          WHEREFORE, Plaintiff prays judgment against Defendants, and each of them, as

28   follows:


                    COMPLAINT FOR TRADEMARK INFRINGEMENT, UNFAIR COMPETITION,
                        FALSE DESCRIPTION, AND INJURY TO BUSINESS REPUTATION
 Case 2:08-cv-08116-GAF-RZ        Document 14-3       Filed 01/11/2009      Page 9 of 68




2    CORPORATION, a California Corporation; ALLIED ARTISTS PICTURES
3    CORPORATION, a Nevada Corporation; DARRON CARR; CARL TON JINKENS;
4    JAMMIE PADILLA; and MARK NOLTE and their agents, officers, employees,

5    representatives, successors, assigns, attorneys and all other persons acting for, with, by,
6    through or under authority from Defendants, and each of them, be preliminarily and
7    permanently enjoined from:




11          any way similar to Allied's trademark "Allied Artists," or that is likely to cause
12          confusion, mistake, deception, or public misunderstanding as to the origin of

13          Allied's products or their connectedness to Defendants.
14          2.     The Defendants be required to file with the Court and serve on Allied
15   within thirty (30) days after entry of the Injunction, a report in writing under oath setting
16   forth in detail the manner and form in which Defendants have complied with the
17   Injunction;


19   damages suffered by Allied resulting from the acts alleged herein;
20          4.     That, pursuant to 15 V.S.C. § 1117, Defendants be compelled to account to
21   Allied for any and all profits derived by it from its illegal acts complained of herein;
22          5.     That the Defendants be ordered pursuant to 15 V.S.C. § 1118 to deliver up
23   for destruction all containers, labels, signs, prints, packages, wrappers, receptacles,
24   advertising, promotional material or the like in possession, custody or under the control of
25   Defendants bearing a trademark found to infringe on Allied's trademark rights, as well as
26   all plates, matrices, molds, dies, masters and other means of making the same;




                   COMPLAINT FOR TRADEMARK INFRINGEMENT, UNFAIR COMPETITION,
                       FALSE DESCRIPTION, AND INJURY TO BUSINESS REPUTATION
Case 2:08-cv-08116-GAF-RZ       Document 14-3        Filed 01/11/2009     Page 10 of 68




4    provided for in 15 D.S.C. §§ 1116 and 1117 or under state law; and,

5          9.     For such other and further relief as the Court deems just and proper.
6    Dated: December   £, 2008
7

8

9
                                                Br nt n L. Homer
10                                              Att meys for Plaintiff
                                                ALLIED ARTISTS INTERNATIONAL,              INC.
11

12

13

14

15                                       JURY DEMAND
16         Plaintiff hereby demands a trial by jury of all issues triable before a jury.
17   Dated: December   -i-, 2008
18

19

20
                                                 re n L. Homer
21                                              A omeys for Plaintiff
                                                ALLIED ARTISTS INTERNATIONAL,              INC.




                  COMPLAINT FOR TRADEMARK INFRINGEMENT, UNFAIR COMPETITION,
                      FALSE DESCRIPTION, AND INJURY TO BUSINESS REPUTATION
Case 2:08-cv-08116-GAF-RZ   Document 14-3   Filed 01/11/2009   Page 11 of 68
Case 2:08-cv-08116-GAF-RZ           Document 14-3          Filed 01/11/2009         Page 12 of 68




                    CERTIFICATE OF REGISTRATION
                                 PRINCIPAL REGISTER


                The Mark shown in this certificate has been registered in the United States
      Patent and Trademark Office to the named registrant.

                  The records of the United States Patent and Trademark Office show that
      an application for registration of the Mark shown in this Certificate was filed in the
      Office; that the application was examined and determined to be in compliance with
      the requirements of the law and with the regulations prescribed by the Director of the
      United States Patent and Trademark Office; and that the Applicant is entitled to
      registration of the Mark under the Trademark Act of J 946, as Amended.

                  A copy of the Mark and pertinent data from the application are part of
      this certificate.

                 This registration shall remain in force for TEN (10) years, unless
      terminated earlier as provided by law, and subject to compliance with the provisions
      of Section 8 of the TrademarkAct of 1946, as Amended.
Case 2:08-cv-08116-GAF-RZ             Document 14-3              Filed 01/11/2009          Page 13 of 68




                                Requirements for Maintaining a
                                Federal Trademark Registration




    The registration shall remain.in force for 10 yeatS, except that the
    registration shall be canceledforJailure to file an Affidavit of Continued
    Use under Section 8 of the Trademark Act, 15 U.S.C. §1058, upon the
    expiration of the following time periods:
           i) At the end of 6 years;fol{)w1llgthe date of registration.
           ii) At the end of each successive.1().yeat pedod following the date of
               registration.         '


                            Section 8~.
    Failure to .file a proper                  tit   the appropriate time will result in the
    cancellation of the registration.




    The registration shall remainJn force for 10 years, subjectto the provisio~s
    of Section 8, except that the registration shall expire for failure to file an
    Application for Renewal under Section 9 of the Trademark Act, 15 U.S.C.
    §l059, at the end of each successiyeiO-year period following the date of
    registration.                           .


    Failure to .file a proper ApplicoWm flJrllenewal    tit   the flPpropriate· time. will result in
    the expiration of the registration.


    No further notice or rellliJ'lchr of these requiremellts wiD be sent to the
    Registrant by the Patent aDcI··~              0JIIce. It is recoDUDeJ1ded
    that the Registrant contact thePatelltaDclTrademark           0fIIce
    approximately one year bef'o.-edleexpiration of the time periods shown
    above to determine the requiremellts and fees lOr the t'IIinp required to
    maintain the registration.
Case 2:08-cv-08116-GAF-RZ            Document 14-3         Filed 01/11/2009         Page 14 of 68




  Int. as.: 35 and 41
  Prior U.S. CIs.: 100, 101, 102 and 107
                                                                            Reg. No. 2,522,770
  United States Patent and Trademark Office                                  Registered Dee. 25, 200 1


                                      SERVICE MARK
                                    PRINCIPAL REGISTER




 ALLIED ARTISTS RECORDS,         INC. (NEVADA       VIDEO TAPES, DVDS, AND RADIO AND TELEVI-
    CORPORATION)                                    SION PROGRAMS, IN CLASS 41 (U.S. CLS. 100, 101
 273 WEST ALLEN AVENUE                              AND 107).
 SAN DIMAS, CA 917731439

   FOR: PROMOTING TIlE SERVICES OF ENTER-
 TAINMENT PROFESSIONALS, NAMELY, TALENT
 AGENCY SERVICES, IN CLASS 3S (U.S. CLS. 100, 101     NO CLAIM IS MADE TO THE EXCLUSIVE
 AND 102).                                          RIGHT TO USE "ARTISTS", APART FROM THE
                                                    MARK AS SHOWN.
   FIRST USE 1-1-1976;IN COMMERCE 1-1-1976.
   FOR: PRODUCTION AND DISTRIBUTION OF               SER. NO. 78-029,541,FILED 10-6-2000.
 ENTERTAINMENT SERVICES, NAMELY, PHONO-
 GRAPH RECORDS, MOTION PICTURE FILMS,               BRETT J. GOLDEN, EXAMINING ATTORNEY
Case 2:08-cv-08116-GAF-RZ           Document 14-3          Filed 01/11/2009         Page 15 of 68




                      CERTIFICATE OF REGISTRATION
                                  PRINCIPAL REGISTER


                  The Mark shown in this certificate has been registered in the United States
        Patent and Trademark Office to the named registrant.

                   The records of the United States Patent and Trademark Office show that
        an application for registration of the Mark shown in this Certificate wasfiled in the
        Office; that the application was examined and determined to be in compliance with
        the requirements of the law and with the regulationsprescribed by the Director of the
        United States Patent and Trademark Office; and that the Applicant is entitled to
        registration of the Mark under the TrademarkAct of J946, as Amended.

                   A copy of the Mark and pertinent data from the application are part of
        this certificate.

                  This registration shall remain in force for TEN (10) years, unless
        terminated earlier as provided by law, and subject to compliance with the provisions
        of Section 8 of the TrademarkAct of J 946, as Amended.
Case 2:08-cv-08116-GAF-RZ            Document 14-3          Filed 01/11/2009        Page 16 of 68




                          Requirements for Maintaining a
                          Federal Trademark Registration




   The registration shall remain in force for 10 years, except that the
   registration shall be canceled for failure to file an Affidavit of Continued
   Vse under Section 8 of the Trademark Act, 15 V.S.C. §1058, upon the
   expiration of the following time periods:
           i) At the end of 6 years following the date of registration.
           ii) At the end of each successive IO-year period following the date of
               registration.


  Failure to file a proper Section 8 AffUI4vi1 at the appropriate tUtu!will result in the
  cancellation 01the registration.




  The registration shall remain in force for 10 years, subject to the provisions
  of Section 8, except that the registration shall expire for failure to file an
  Application for Renewal under Section 9 of the Trademark Act, 15 V.S.C.
  §1059, at the end of each successive 10-year period following the date of
  registration.


  Fo.i1ureto file a proper Applkation lor Renewal at the appropriate time will result in
  the expiration 01the registration.


  No further notice or reminder of these requirements wiD be sent to the
  Registrant by the Patent and Trademark omce. It is reeommended
  that the Registrant contact the Patent and TrademarkOflice
  approximately one year before the expiration of the time periods shown
  above to determine the requirements and fees for the ftlings required to
  maintain the registration.
Case 2:08-cv-08116-GAF-RZ   Document 14-3   Filed 01/11/2009   Page 17 of 68
Case 2:08-cv-08116-GAF-RZ       Document 14-3          Filed 01/11/2009   Page 18 of 68


                                                                              Commiuiour   for Trademarb
                                                                                           P.O. Box 14S1
                                                                              Alexandria, VA 223U-14S1
                                                                                           ."."..,. Ulpto.80v



  REGISTRATION NO: 2522770      SERIAL NO: 78/029541
  REGISTRATION DATE: 12/25/2001
  MARK.: ALLIED ARTISTS AND DESIGN
  REGISTRATION OWNER: Allied Artists International. Inc.
  CORRESPONDENCE ADDRESS:
  ALLIED INTERNATIONAL, INC
  P.O. BOX 2035
  INDUSTRY, CA 91746-0035




                        NOTICE OF ACCEPTANCE
                                 15 u.s.c.   Sec. 1058(a)(1)
  THE COMBINED AFFIDAVIT FILED FOR THE ABOVE-IDENTIFIED REGISTRATION MEETS
  THE REQUIREMENTS OF SECTION 8 OF THE TRADEMARK.ACT, 15 U.S.C. Sec. 1058.
  ACCORDINGLY, TIlE SEcrION       8 AFFIDAVIT IS ACCEPTED.



                  NOTICE OF ACKNOWLEDGEMENT
                                     15 U.S.c. Sec. 1065

  THE AFFIDAVIT FILED FOR THE ABOVE-IDENTIFIED REGISTRATION MEETS THE
  REQUIREMENTS OF SECTION 15 OF THE TRADEMARK.ACT, 15 U.s.c. Sec. 1065.
  ACCORDINGLY, TIlE SEcrION       15 AFFIDAVIT IS ACKNOWLEDGED.


  TIlE REGISTRATION WILL REMAIN IN FORCE FOR CLASS(ES):
  OlS, 041.



  HENSON, EVERETT J
  PARALEGAL SPECIALIST
  POST-REGISTRATION DIVISION
  571-272-9S00
        PLEASE SEE THE REVERSE SIDE OF THIS NOTICE FOR INFORMATION
       CONCERNING REQUIREMENTS FOR MAINTAINING THIS REGISTRATION
 Case 2:08-cv-08116-GAF-RZ            Document 14-3         Filed 01/11/2009       Page 19 of 68




REQUIREMENTS FOR MAINTAINING A FEDERAL TRADEMARK REGISTRATION
I) SECfION 8: AFFIDAVIT OF CONTINUED USE

The registration shall remain in force for 10 years, except that the registration
shall be canceled for failure to file an Affidavit of Continued Use under Section 8
of the Trademark Act, 15 u.S.C Sec. 1058, at the end of each successive 10-year period
following the date of registration.
Failure to file the Section 8 Affidavit will result in the cancellation of the registration.




The registration shall remain in force for 10 years. subject to the provisions
of Section 8, except that the registration shall expire for failure to file an
Application for Renewal under Section 9 of the Trademark Act, IS U.S.C Sec. 10S9,
at the end of each successive lo-year period followins the date of registration.
Failure to rue the Application for Renewal will result in the expiration of the
registration.



NO FURTIlER NOTICE OR REMINDER OF THESE REQUIREMENTS WILL BE
SENT TO nm REGISTRANT BY 11IE PATENT AND TRADEMARK OFFICE. IT
IS RECOMMENDED THAT TIlE REGISTRANT CONTACf nm PATENT AND
TRADEMARK OFFICE APPROXIMATELY ONE YEAR BEFORE TIlE EXPIRATION
OF THE TIME PERIODS SHOWN ABOVE TO DETERMINE APPROPRIATE
REQUIREMENTS AND FEES.
Case 2:08-cv-08116-GAF-RZ   Document 14-3   Filed 01/11/2009   Page 20 of 68
       Case 2:08-cv-08116-GAF-RZ                Document 14-3           Filed 01/11/2009          Page 21 of 68




DISCLAIMER: The information displayed here is current as ofMA Y 16,2008 and is updated
weekly. It is not a complete or certified record of the Corporation.


                                            Corporation
ALLIED ARTISTS PICTURES CORPORATION




880 W 1ST ST #306
LOS ANGELES, CA 90012


MARK NOLTE
880 W 1ST ST
#306
LOS ANGELES, CA 90012



If the status of the corporation is "Surrender", the agent for service of process is automatically
revoked. Please refer to California Corporations Code Section 2114 for information relating to service
upon corporations that have surrendered.
       Case 2:08-cv-08116-GAF-RZ                                 Document 14-3             Filed 01/11/2009                Page 22 of 68




               ALLIED ARTISTS PICTURES CORPORATION
Business Entity Information
                   Status:        Active                                               File Date:      3/28/200810:30:54       AM
                       Type:      Domestic     Corporation                      Corp Number:           E0203342008-7
      Qualifying       State:     NV                                      List of Officers    Due:     3/31/2009
            Managed By:                                                       Expiration      Date:


Resident Agent Information
                                                                                                      6515 VILLA DEL SOL COURTS
                       Name:      MARK NOLTE                                        Address      1:
                                                                                                      SUITE B
               Address      2:                                                                City:    LAS VEGAS
                       State:     NV                                                 Zip Code:         89110
                   Phone:                                                                     Fax:
                                                                                                                                    ----
                       Email:                                              Mailing Address       1: 880 W 1ST ST #306
    Mailing Address         2:                                                    Mailing City:        LOS ANGELES
            Mailing State:        CA                                        Mailing Zip Code:          90012
                                                                                                                                       --

Financiallnformation
  No Par Share Count:            I0                    -              I       Capital Amount:         1$100.00
      Par Share Count: 1100.00                                        I      Par Share Value:         I $ 1.00

Officers                                                                                                    IEJ Include Inactive Officers
President    - DARRON CARR
      Address      1: 880 W 1ST ST #306                                      Address    2:
               City:     LOS ANGELES                                               State:      CA
        Zip Code:        90012                                                  Country:
             Status:     Active                                                    Email:
Treasurer     - CARLTON JINKENS
      Address      1: 880 W 1ST ST #306                                      Address     2:
               City:     LOS ANGELES                                               State:      CA
                                                                                                                           -
        Zip Code:        90012                                                  Country:
            Status:      Active                                                    Email:
Secretary    - JAMMIE PADILLA
      Address      1: 880 W 1ST ST #306                                      Address    2:
               City:     LOS ANGELES                                               State:      CA
        Zip Code:        90012                                                  Country:
             Status:     Active                                                    Email:
Director·    ROBERT ROOKS
                                                                                                                                      --
      Address      1: 880 W 1ST ST #306                                      Address     2:
               City:     LOS ANGELES                                               State:      CA
        Zip Code:        90012                                                  Country:
             Status:     Active                                                    Email:


Actions\Amendments
             Action Type:        I Articles   of Incorporation
   Document       Number: 120080214603-06
        Case 2:08-cv-08116-GAF-RZ                            Document 14-3                  Filed 01/11/2009   Page 23 of 68


                 File Date:    0312812008                              I           Effective   Date:    I
Initial Stock Value: Par Value Shares: 100 Value: $1.00 No Par Value Shares: 0
----------------------------------.- ••••------------------------- Total Authorized Capital: $ 100.00
            Action Type:       Initial List
    Document      Number:      20080214607-40                          I               # of Pages: 11
                 File Date:    0312812008                              I           Effective   Date:    I
(No notes for this action)
Case 2:08-cv-08116-GAF-RZ   Document 14-3   Filed 01/11/2009   Page 24 of 68
 Case 2:08-cv-08116-GAF-RZ                Document 14-3            Filed 01/11/2009            Page 25 of 68




ALLIED ARTISTS
   •
  Mr. Robert N. Rooks
  1801 Avenue of the Stars, Suite 640
  Los Angeles, California 90067




          As you know, on July 20, 2000, our General Counsel, Ashley Posner, wrote the attached
  letter notifying Merit Diversified International, Inc. ("Merit/MP3") of a breach of the April 27, 2000
  agreement between The Allied Entertainment Group, Inc ("Allied") and Merit/MP3. To date that
  breach has not been fully cured, and the contractual termination is scheduled to occur at 12:01
  a.m. on August 20, 2000.

          Given the impending nature of said termination, we are hereby notifying you that any
  further use of the corporate name "The Allied Entertainment Group, Inc." or its trade name,
  trademark and service mark "Allied Artists" would in our opinion constitute a material
  misrepresentation. To be specific, it is our understanding that Merit/MP3 has entered into
  negotiations with various entities premised upon Allied's future participation. Obviously,
  subsequent to the aforementioned termination date Merit/MP3 will no longer have any
  association with Allied, and it would be a serious misrepresentation to enter into any agreement
  on the basis of an "on-going" relationship that you know will not exist.




                                                   Mandy Shalako,
                                                   Member, Board of Directors
                                                   On Behalf of the entire Board of Directors
  MS/iti
  Cc:    Ashley Posner, Esquire
         Curtis Shaw, Esquire
         Georgetta H. R. Rainey
         Stephan Bauer


                  ALLIED ENTERTAINMENT          GROUP, INC.. CORPORATE HEADQUARTERS
                           273 West Allen Avenue. San Dimas. California.   91773-1493
                    Tel: 626.330.0600. Fax: 909.971.9630. Email: Corporate@AlliedArtists.net
                                          Internet: www.alliedartists.net
      Case 2:08-cv-08116-GAF-RZ            Document 14-3            Filed 01/11/2009   Page 26 of 68


                                                      LAW OFFICES
                                                  ASHLEY   D.   POSNER
                                                    ATTORNEY AT LAW
 TELEPHONE                                 10850 WILSHIRE BOULEVARD, SUITE 1245                         FACSIMILE
(310) 475-8520                                  LOS ANGELES, CALIFORNIA 90024                        (310) 474-1901

OF COUNSEL:




          Georgetta H. R. Rainey, Esq.
          5777 West Century Boulevard, Suite 1470
          Los Angeles, California 90046


                 Re:    Termination By Allied Entertainment Group, Inc. Of The April
                        27,2000, Agreement With Merit Diversified International, Inc.




                   Your letter of December 19, 2000, received today, reflects a completely erroneous
          interpretation of the above-referenced agreement ("Agreement"). As expressly acknowledged in
          writing by Curtis Shaw, attorney for and chief executive officer of Merit Diversified International,
          Inc. 's (Merit/MP3"), the Agreement already was breached at the time of closing. Thus, as the
          Agreement expressly provided, a condition subsequent to the enforceability of the Agreement was a
          timely cure by Merit/MP3 of its breach. However, as set forth in my letter of December 19, 2000,
          Merit IMP3 failed timely to cure its acknowledged breach within the time limits set forth in the
          Agreement.

                 Accordingly, pursuant to the express terms of the Agreement, including especiafiy section
          8.01(d) thereof, Allied properly exercised its rights to terminate any and all relationships with
          Merit/MP3 that would have existed but for Merit/MP3' s failure timely to cure its admitted breach.
  Case 2:08-cv-08116-GAF-RZ              Document 14-3          Filed 01/11/2009    Page 27 of 68



                                            LAW OFFICES OF
                                           ASHLEY D. POSNER
                                                 ;4.ttomey at Law
TELEPHONE                                                                                        FACSIMILE
(310) 475-8520                          15303 Ventura Boulevard, Suite 900
                                                                                               (310) 474-1901
                                         Sherman Oaks, California 91403




     Mr. Mark Nolte
     880 West First Street, Suite 306
     Los Angeles, California 90012

             Re:    Trademark Infringement OJAllied Artists Pictures Corporation
                    California Secretary of State No. C3039892



             This office represents Allied Artists International Inc. which owns the exclusive right to
     the mark "Allied Artists" as registered with the United States Patent and Trademark Office
     under Registration No. 2522770, Serial No. 78029541. We are informed that you and others
     have formed the above-captioned entity which infringes our client's mark in violation of state
     and federal law. Demand hereby is made that you and all those with whom you are acting in
     concert, immediately cease and desist from any further infringement of our client's mark.
     Unless we receive your agreement immediately to comply with this demand on or before June
     1, 2008, we will, without further notice to you, take such action as we deem necessary to
     protect our client's rights for recovery of statutory, actual and punitive damages, injunctive
     relief and attorneys' fees.
  Case 2:08-cv-08116-GAF-RZ            Document 14-3          Filed 01/11/2009      Page 28 of 68



                                           LAW OFFICES OF
                                          ASHLEY D. POSNER
TELEPHONE                                      jlttomey at Law
                                                                                                 FACSIMILE
(310) 475-8520                        15303 Ventura Boulevard, Suite 900
                                                                                               (310) 474-1901
                                       Sherman Oaks, California 91403




     Mr. Mark Nolte
     6515 Villa Del Sol Courts, Suite B
     Las Vegas, Nevada 89110

             Re:    Trademark Infringement Of Allied Artists Pictures Corporation
                    Nevada Secretary of State No. E0203342008-7



             This office represents Allied Artists International Inc. which owns the exclusive right to
     the mark "Allied Artists" as registered with the United States Patent and Trademark Office
     under Registration No. 2522770, Serial No. 78029541. We are informed that you and others
     have formed the above-captioned entity which infringes our client's mark in violation of state
     and federal law. Demand hereby is made that you and all those with whom you are acting in
     concert, immediately cease and desist from any further infringement of our client's mark.
     Unless we receive your agreement immediately to comply with this demand on or before June
     1, 2008, we will, without further notice to you, take such action as we deem necessary to
     protect our client's rights for recovery of statutory, actual and punitive damages, injunctive
     relief and attorneys' fees.




                                             ~.
                                                  .
                                                      ul yours, \
                                                         ~,
                                             Ash ey D. Posner
                                                                      L
Case 2:08-cv-08116-GAF-RZ   Document 14-3   Filed 01/11/2009   Page 29 of 68
Case 2:08-cv-08116-GAF-RZ      Document 14-3        Filed 01/11/2009     Page 30 of 68




           Securities and Exchange Commission
           Litigation Release No. 17640/     July 31, 2002
           Securities and Exchange Commission v. Robert N. Rooks, John W.
           Duffell III, and Charles E. Yost II Civil Action No. EDCV01-846
           (SGLx) (Central District of California, Eastern Division)
           CEOENJOINEDAND ORDEREDTO PAY $100,000 PENALTYFOR
           SECURITIESFRAUD
           Recidivist Securities Law Violator also liable for violating securities
           registration provisions

           The Securities and Exchange Commission announced today that Robert
           N. Rooks, former CEO of JDMC Global Corp., was found liable for
           securities fraud by a Los Angeles federal court. On July 29, 2002, the
           United States District Court for the Central District of California entered
           a final judgment against Rooks, a resident of Malibu, California, age 57,
           permanently enjoining him from future violations of Section 10(b) of
           the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and
           ordering him to pay a $100,000 third tier civil penalty. The Court found
           that in 1996 Rooks disseminated false and misleading information
           about JDMC Global's financial condition and a supposed South African
           housing project. The Court found that Rooks' false and misleading
           information caused JDMC Global's stock price to skyrocket from $.13 to
           $4, or more than 3,000%, during June through September 1996. At
           the time of Rooks' fraud, JDMC Global was a publicly-traded company
           based in Los Angeles, California that purportedly engaged in mining,
           construction, and entertainment.

           The Court also found that John W. Duffell, JDMC Global's stock
           promoter and a repeat securities law offender, violated the securities
           registration provisions of the federal securities laws, Sections 5(a) and
           5(c) of the Securities Act of 1933. Duffell, an American living in France,
           age 52, promoted JDMC Global's unregistered stock and directed the
           company's sales efforts in the United States. The Court will decide in
           later proceedings the appropriate remedies against Duffell, including
           the amount of disgorgement and civil penalties and whether to issue an
           injunction for violating the federal securities registration provisions.

           In September 1996, the Commission suspended trading in the stock of
           JDMC Global, whose stock was traded on the Over-The-Counter Bulletin
           Board. (See Lit. Release No. 34-37681, September 16, 1996.) In May
           2000, the SEC sued Rooks, Duffell and Charles E. Yost, another stock
           promoter, for fraudulently selling unregistered stock of JDMC Global.
           (See Lit. Release No. 16550, May 12, 2000.) The trial against Duffell
           and Yost for federal securities fraud is set for December 3, 2002.

           In 1979, in another SEC action, the United States District Court for the
           Central District of California issued a permanent injunction against
Case 2:08-cv-08116-GAF-RZ      Document 14-3      Filed 01/11/2009     Page 31 of 68


           Duffell for securities fraud and registration violations of the federal
           securities laws. In 1982, Duffell was convicted and sentenced to prison
           for securities fraud arising out of the same conduct in the 1979 SEe
           action.
Case 2:08-cv-08116-GAF-RZ             Document 14-3      Filed 01/11/2009                Page 32 of 68
     Case 5:01-cv-00846-VAP-SGL           Document 118    Filed 07/26/2002               Page 1 of 5

                                   e                                   e
     1 JOSE F SANCHEft ~al. Bar No. 161362
         SUSAN F. HANNf\l'I, Cal. Bar No. 97604
     2
         Attorneys for Plaintiff
     3   Securities and ExchaI!ge Commission                                             FilED
       RANDALL R. LEE Kegional Director                                  CLERK,    us         DISTRICT   COURT

     4 SANDRA J. HARRIS, Associate Regional Director
         5670 Wilshire Boulevar~ 11th Floor
     5   Los Angeles, California ~0036-3648
         Telephone: (323) 965-3998
     6   FacsIwile. (323) 965-3908                                    CENTRAL     DISTRI            F CALIFORNIA
          o :>~
          .3   o..J%
                                                                      EASTEJ:;N         15'
                                                                                  01 .••.                BY DEPUTY

     7    N •..
             0-
                 u<o
                                                                                  Priority ..a-
                                                                                                         y

fr18
C!J
               ~
          if ~~~                     UNITEDSTATESDISTRICTCOURt~~r                                        1::
c: 9
c         ~      '':~'~            CENTRAL DISTRICT OF CALIFORNf~;~~.6                                   X
           -'    ~-'. ~                                                           J5-2/J5-3 _
-10        ::; --    -   •   I
                                               EASTERN DIVISION                   Scan  Onty_
           C'J   I
           C;)   ••...•
    11    SECURITIES AND EXCHANGE                         Case No. EDCV 01-846 VAP (SGLx)
    12    COMMISSION,
                                                          JPIWPeSEDl FINAL JUDGMENT
    13                                                    OF PERMANENT INJUNCTION
                                                          AND OTHER RELIEF AGAINST
    14                                                    DEFE       DANT ROBERT N. ROOKS
          ROBERT N. ROOKS JOHN W.
    15
    16
          DUFFELL III, and CfIARLES E. YOST II,
                                 Defendants.
                                                                     ENTERED
    17
    18
                                                                     ~M:t.\~D'STRrCT        COURT
                                                                                   tCTOF~
    19                                                           y          EASTERN D'VISION   fWIA
                                                               \                                             DEPUTY!
    20
    21
                                                             THIS CONSTfTUTES NOTICE OF ENTRY
    22                                                        AS REQUIRED BY FRCp, RULE 77{d).
    23
    24

    25
    26
                                         ~eteO                              ENTER ON leMS
                                          t[rl~~s~
    27                                   ~~
                                        -JS-2/JS-3
  28                                    -ClSO
Case 2:08-cv-08116-GAF-RZ        Document 14-3       Filed 01/11/2009           Page 33 of 68



                                                                  •
      ase 5:01-cv-00846-VAP-SGL     Document 118       Filed 07/26/2002         Page 2 of 5
                           e
  1 TO ALL PARTIES AND THEIR ATTORNEYS OR RECORD:
  2        Pursuant to the Court's July 19,2002 Order (1) Granting Commlssion's Motion
  3 For Summary Judgment As To Defendant Rooks; (2) Denying Commission's Motion As
  4 To Defendant Yost; And (3) Granting In Part And Denying In Part Commission's
  5 Motion For Summary Judgment As To Defendant Duffell:
  6        IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Defendant Rooks
  7 and all persons bound by this Final Judgment pursuant to Fed. R. Civ. P. 65(d) are
  8 permanently restrained and enjoined from, directly or indirectly, in connection with the
  9 purchase or sale of any security, by the use of any means or instrumentality of interstate
 10 commerce, or of the malls, or of any facihty of any national securities exchange:
 11        A.     employing any device, scheme, or artifice to defraud;
 12        B.     making any untrue statement of a material fact or omitting to state a
 13               material fact necessary in order to make the statements made, in the light of
 14              the circumstances under which they were made, not misleadmg; or
 15        C.     engaging in any act, practice, or course of business which operates or would
 16               operate as a fraud or deceit upon any person;
 17 m violation of Section 1O(b) of the Secunties Exchange Act of 1934, 15 U.S.C § 78j(b),
 18 and Rule lOb-5, 17 C.F.R. § 240.l0b-5.
 19   *
 20 *
 21   *
 22   *
 23   *
 24   *
 25 *
 26 *
 27   *
 28   *

                                                            (PROPOSED) fINAL JUDGMENT OF PEllMANENT INJUNCTION
                                                           AND 011IER RELIEF AGAINST DEFENDANT ROBERT N ROOKS
Case 2:08-cv-08116-GAF-RZ        Document 14-3      Filed 01/11/2009     Page 34 of 68



                            •                                  •
       se 5:01-cv-00846-VAP-SGL     Document 118      Filed 07/26/2002   Page 3 of 5




   1        IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Defendant
   2 Rooks is assessed a third tier civil penalty in the amount of $100,000 pursuant to SectIon
   3 20(d) of the Securities Act, 15 D.S.C. § 77t(d), and Section 21(d) of the Exchange Act,
   4 15 D.S.C. § 78(u)(d)(3). Rooks shall pay the penalty wIthin thirty days of the entry of
   5 this Order. Payment shall be made by cashier's check, certified check or postal money
   6 order made payable to the Securities and Exchange Commission, and shall be transmitted
   7 to the Comptroller, Secunties and Exchange Commission, OperatIons Center, 6432
   8 General Green Way, Stop 0-3, Alexandria, Virginia 22312, under cover of a letter that
   9 identifies the defendant, the name and case number of this litigation and the name ofthe
  10 Court. A copy of the letter and the check or money order shall be simultaneously
  11 transmitted to counsel for the Commission at its Los Angeles office located at 5670
  12 Wilshire Boulevard, 11th Floor, Los Angeles, CA 90036.
  13        IT IS FURTHER ORDERED, ADJUDGED AND DECREED that this Court shall
  14 retain jUrIsdiction over Defendant Rooks for all purposes, including to implement,
  15 enforce, and carry out the tenns of this Final Judgment and all orders and decrees which
  16 have been entered or may be entered herein, and to grant such other reItef as the Court
  17 may deem necessary and just.
  18
  19   DatedO"""",11 /1:>0)..-
  20             U
  21

  22
  23
  24
  25
  26
  27
  28
Case 2:08-cv-08116-GAF-RZ       Document 14-3         Filed 01/11/2009      Page 35 of 68



                                                                  •
     ase 5:01-cv-00846-VAP-SGL        Document 118       Filed 07/26/2002   Page 4 of 5

                           e
     I am over the age of 18 years and not a party to this action. My business address is:
     [X]   U.S. SECURITIES AND EXCHANGE COMMISSION; 5670 Wilshire
           Boulevard, 11th Floor, Los Angeles, California 90036-3048
           Telephone No. (323) 965-3998, Facsimile No. (323) 965-3908.
     On July f4~f002+.I served the document entitled JPROPOSED] FINAL
     JUDGME~T O-r PERMANENT INJUNCTION AND OTHER RELIEF
     AGAINST DEFENDANT ROBERT N. ROOKS upon the partles to this action
     addressed as stated on the attached service list:
           OFFICE MAIL: By placingjn sealed envelope(s), which I placed for
           collection and mailin!\ today~tollowing ordinary Dusinesspractices. I am readily
           familiar with this firm s practice for collectlon and processing of correspondence
           for mailing; such correspondence would be deposited with tlie U.S Postal
           Service on the same day in the ordinary course of business
           []     PERSONAL DEPOSIT IN MAIL: ~Yj)lacing in sealed envelopels),
                  which I personally deposited with the U.S. Postal Service. Each such
                  envelope was deposited with the U S Postal Service at Los Angeles,
                  California, with first class postage thereon fully prepaId.
           []     EXPRESS U.S. MAIL: Each such envelope was de~sited in a faCIlity
                  regularly maintained at the U.S. Postal Service for receipt of Express Mail
                  at Los Angeles, California, with Express Mail postage paid.
           HAND DELIVERY:             I caused to be hand dehvered each such envelope to the
           office of the addressee.
           FEDERAL EXPRESS BY AGREEMENT                   OF ALL PARTIES: By placing
           in sealed envelope(s) desi~ated by Federal Express with deliveIT fees paid or
           'Qrovidedfor, wlilch I deposited in a facihty regularly maintamed by Federal
           Express or dehvered to a Federal Express couner, at Los Angeles, California
           ELECTRONIC        MAIL: By transmittmg the document by electronic mail to the
           electronic mail address as stated on the attached servIce Itst
           FAX (BY AGREEMENT ONLY): By transmItting the document by facsimile
           transmISSIOn.The transmission was reported as complete and without error.
     [X]   (Federal) I declare that I am employed in the office of a member of the bar of
           this Court, at whose direction the service was made. I declare under penalty of
           perjury that the foregomg is true and correct

                                                      ~~n,.~
                                                    MAG OLIA M. MARCELO
Case 2:08-cv-08116-GAF-RZ     Document 14-3       Filed 01/11/2009       Page 36 of 68



                                                              •
     ase 5:01-cv-00846-VAP-SGL    Document 118        Filed 07/26/2002   Page 5 of 5

                         e
                           SEC v, ROBERT N. ROO.KS, et aI,
               United States District Court - Central District of California
                          Case No. EDCV 01-846 VAP (SGLx)
                                           (LA-844)

                                      SERVICE LJs.r

                Charles E. Yost II
                1200 Douglas Drive
                Euless, TX 76039
                Telephone: 817-358-9006
                Cell. No.: 817-907-3252
                Facsimile: 817-283-5871
                Email £yostl@swbell.netoreyost}l@netscape.net
                ProSe

                Pinchus D. Raice, Esq.
                David 1. Wolkenstein, Esq.
                Benjamin Suess, Esq.
                Raice, Paykin & Krieg LLP
                185 Madison Avenue, lOth Floor
                New York, NY 10016
                Telephone: 212-725-4423
                Facsimile. 212-684-9022
                Attorney for Defendant John W. Duffell III

                John T. Jacobs, Esq.
                8538 Hollywood Boulevard
                Los Angeles, CA 90069
                Telephone: 323-656-4213
                Facsimile: 323-656-4249
                Attorney for Defendant John W. Duffell III

                J. Stanley Sanders, Esq.
                2015 Wellington Road
                Los Angeles, CA 90016
                Telephone. 323-737-6334
                Facsunile: 323-737-6333
                Attorney for Defendant Robert N. Rooks
   Case 2:08-cv-08116-GAF-RZ            Document 14-3            Filed 01/11/2009    Page 37 of 68
,'- c~?   2:00-cr-00302-LRH~J           Document 1,-397433          Filed~06/2000        Page 2 of 12




      1   KATHRYN E. LANDRETH
          United States Attorney                                             SEP    6 2000
     2    MATTHEW A. PARRELLA
          Assistant United States Attorney
     3    333 Las Vegas Blvd., S., Suite 5000
          Las Vegas, Nevada 89101
     4    (702) 388-6336

     5

                       UNITED STATES DISTRICT COUR
                            DISTRICT OF NEVADA
                                                       -000-

           UNITED STATES OF AMERICA                          ) CRIMINAL INDICTMENT

                                   PLAINTIFF
                                                             l
                                                             )
                                                                  CR-S-QO-   d'tJp -!JhlaJ\fJ
                                                             )
           ROLAND HARM MARQUARDT,                            )
     13    JOHN ELLIS MORRIS,                                ) 18 V.S.C. § 371 - Conspiracy;
           ROBERT ROOKS                                      ) 18 V.S.C. § 1343 - Wire Fraud;
                                                             ) 18 US.C. § 1956(h) - Money Laundering
                                                             )                       Conspiracy;
                                                               18 US.C. § 1957- Money Laundering;
                                                               18 V.S.C. § 2 - Aiding and Abetting
                                                               18 U.S.C. § 982(a)(I) - Criminal Forfeiture ~.. '
                                                               21 U.S.C. § 853(p) - Forfeiture of Substitute
                                                                                     Property
           THE GRAND JURY CHARGES THAT:

                                                     COUNT ONE
                                                      Conspiracy




    22                                    ROLAND HARM MARQUARDT,
                                            JOHN ELLIS MORRIS, and
    23                                         ROBERT ROOKS,

    24     defendants herein, did knowingly and willfully conspire, confederate, combine and agree with others

    25     known and unknown to the Grand Jury, to commit the following acts and offenses against the laws

    26     of the Vnited States:
  Case 2:08-cv-08116-GAF-RZ            Document 14-3          Filed 01/11/2009       Page 38 of 68
                                                                Filed 09/06/2000       Page 3 of 12
Cas 2:00-cr-00302-LRH~J             Document 1-397433                 f\




   2   to defraud and for obtaining money and property by means of false and fraudulent pretenses,

   3   representations, and promises, and for the purpose of executing such scheme and artifice, transmitted

   4   and caused to be transmitted by means ofwire, radio, and television communication in interstate and

   5   foreign commerce, any writings, signs, signals, pictures, and sounds~ in violation of Title 18, United

   6   States Code, Section 1343.

   7                                            Manner and Means



   9   advance fee scheme. It was the principal object of the scheme that the conspirators, by fraudulently

  10   holding themselves out to be a financial institution, namely, Basel Credit and Guaranty Bank

  11   ("Basel"), were able to entice victim/businesses to pay them substantial advance fees based upon the

  12   conspirators' knowing false promises to deliver Stand-by Letters of Credit to the victimlbusinesses.

  13   These Stand-by Letters of Credit, if delivered, were to serve as collateral to enable the

  14   victimlbusinesses to obtain financing for business projects through legitimate means. Although

  15   Basel's letterhead claimed that it was based on "The Karitane Island ofMelchizedek, South Pacific

  16   Ocean," in reality, Basel was merely checking account # 402023277 in the First Security Bank in Las

  17   Vegas, Nevada, which account was controlled by defendant MARQUARDT and his co-conspirators.




  21   "Letters of Agreement" to be sent to the victimfbusinesses, purporting to describe the contractual

  22   terms under which the defendants were to provide the Stand-by Letters of Credit, then and there well

  23   knowing that the Stand-by Letters of Credit would never be sent.       The defendants and other co-



  25   confirm Basel's willingness and ability to issue Stand-by Letters of Credit for specific amounts, then

  26   and there well knowing that they did not have the assets to cover the amounts promised. In reliance
 Case 2:08-cv-08116-GAF-RZ            Document 14-3           Filed 01/11/2009       Page 39 of 68
                                                                  Filed 09/06/2000
Cas 2:00-cr-00302-LR~J                                                n

  1   upon these false and fraudulent Letters of Agreement and Willingness Letters, the victim/businesses

  2   wire transferred the advance fees to the Basel account in First Security Bank, Las Vegas, Nevada.



  4   funds to an account in the name "R.B. Marquardt Family Trust"under account # 1100635869 in U.S.

  5   Trust Bank, located in Boston, Massachusetts. The defendants later caused funds from this account

  6   to be transferred to another account in U.S. Trust Bank, also in the name of the" R.B.Marquardt

  7   Family Trust", this time under account # 1100065323.



  9   "Performance and Payment Bonds" (also known as "Assurance Bonds") to individuals seeking

 10   Stand-by Letters of Credit. These bonds were issued to lull victims who were concerned about delays

 11   in receiving the Stand-by Letters of Credit.     The bonds had no financial value and could not be

 12   cashed, but served to induce the victim/businesses to provide further fees to the defendants.

 13                                                  Overt Acts
 Case 2:08-cv-08116-GAF-RZ             Document 14-3         Filed 01/11/2009         Page 40 of 68
                                                                Filed 09/06/2000       Page 5 of 12
Ca    2:00-cr-00302-LR~JJ           Document 1-397433

                                                                    "




 12   and Payment bond to Platinum,   me.,   for $300,000.

 13                  All in violation of Title 18, United States Code, Section 371.



                                  COUNTS TWO THROUGH NINETEEN
                                     Wire Fraud; Aiding and Abetting




21                                   ROLAND HARM MARQUARDT,
                                       JOHN ELLIS MORRIS, and
22                                        ROBERT ROOKS,

23    defendants herein, did devise and intend to devise a scheme and artifice to defraud and for obtaining

24    money and property by means of false and fraudulent pretenses, representations, and promises. On

25    or about the dates set forth below in the separate counts set forth below, the defendants transmitted

26    and caused to be transmitted by means of wire communication in interstate and foreign commerce

      certain writings, signs, signals, pictures and sounds for the purpose of executing such scheme and
 Case 2:08-cv-08116-GAF-RZ           Document 14-3         Filed 01/11/2009       Page 41 of 68
Ca e 2:00-cr-00302-LRMJJ           Document 1-397433           Filed 09/06/2000     Page 6 of 12
                                                                  ("\




 2   controlled by the defendants, as further described below, with each wire transfer constituting a

 3   separate violation of Title 18, United States Code, Sections 1343 and 2.

 4

 5   COUNT                 DATE

 6   TWO                   9~1O-97        Wire transfer of $10,000 from the PDA Group (via the Sandia
                                          Labs Federal Credit Union account) at Albuquerque, N.M., to
 7                                        the Basel Credit and Guaranty account in Las Vegas, Nevada.

 8   THREE                                Wire transfer of$1 0,000 from the PDA Group (via Gary Mann
                                          account) at Grapevine, Texas, to the Basel Credit and Guaranty
 9                                        account in Las Vegas, Nevada.

10   FOUR                                 Wire transfer of $40,000 from the PDA Group (via Gateway
                                          Title Company account in Burbank, California) at Costa Mesa,
11                                        California, to the Basel Credit and Guaranty account in Las
                                          Vegas, Nevada.
12
                                           Wire transfer of $40,000 from the PDA Group (via Gateway
13                                         Title Company account in Burbank, California) at Costa Mesa,
                                           California, to the Basel Credit and Guaranty account in Las
14                                         Vegas, Nevada.

15   SIX                                  Wire transferof$ 10,000 from thePDA Group (via Sandia Labs
                                          Federal Credit Union account) at Albuquerque, N.M., to the
16                                        Basel Credit and Guaranty account in Las Vegas, Nevada.

17   SEVEN                                Wire transfer of$150,OOO from the Vitrock, Inc. (via William
                                          Pierce account) in New York, N.Y., to the Basel Credit and
18                                        Guaranty account in Las Vegas, Nevada.

19   EIGHT                                 Wire transfer of $40,000 from the Hiller Aircraft account in
                                           San Francisco, California, to the Basel Credit and Guaranty
20                                         account in Las Vegas, Nevada.

21   NINE                                  Wire transfer of $60,000 from the Hiller Aircraft account in
                                           San Francisco, California, to the Basel Credit and Guaranty
22                                         account in Las Vegas, Nevada.

23   TEN                                   Wire transfer of $50,000 from the TRP Holdings (via
                                           Ingraham, Zelasko, and Goodwin account) in Seattle,
24                                         Washington to the Basel Credit and Guaranty account in Las
                                           Vegas, Nevada.
25
                                           Wire transfer of $50,000 from the TRP Holdings (via
                                           Ingraham, Zelasko, and Goodwin account) In Seattle,
                                           Washington, to the Basel Credit and Guaranty account in Las
                                           Vegas, Nevada.
 Case 2:08-cv-08116-GAF-RZ                 Document 14-3          Filed 01/11/2009      Page 42 of 68
C       e 2:00-cr-00302-L~JJ             Document 1-397433           File~9/06/2000        Page 7 of 12




    1    COUNT

 2
         TWELVE                                 Wire transfer of $50,000 from the Platinum, Inc. (via Dean
 3                                              Witter Reynolds account in New York, N.Y.) in Fort Myers,
                                                Florida, to the Basel Credit and Guaranty account in Las
 4                                              Vegas, Nevada.

 5       THIRTEEN                               Wire transfer of $75,000 from the Platinum, me. (via Dean
                                                Witter Reynolds account in New York, N.Y.) in Fort Myers,
 6                                              Florida, to the Basel Credit and Guaranty account in Las Vegas,
                                                Nevada.
 7
         FOURTEEN                               Wire transfer of $24,982 from Rod Evans (via Westpac
 8                                              account) in Parramatta, Australia, to the Basel Credit and
                                                Guaranty account in Las Vegas, Nevada.
 9
         FIFTEEN                                Wire transfer of$249,985 from the David Calvert Jones Family
10                                              Trust (via National Australia Bank Limited account) at
                                                Melbourne, Australia, to the Basel Credit and Guaranty in Las
11                                              Vegas, Nevada.

12       SIXTEEN                                Wire transfer of$175,000 from F.M. Delaney (via Davenport
                                                and Company LLC/Artimedes AG escrow account) in
13                                              Richmond, Virginia, to the R.H.Marquardt Family Trust
                                                account# 1100635869 in Boston, Massachusetts.
14
         SEVENTEEN                              Wire transfer of$175,000 from F.M. Delaney (via Davenport
15                                              and Company LLCIArtimedes AG escrow account) in
                                                Richmond, Virginia, to the R.H.Marquardt Family Trust
16                                              account#1100635869 in Boston, Massachusetts.

17       EIGHTEEN                              Wire transfer of$150,OOO from the Glen Gordon, for Sherpa
                                               Aircraft account in Aloha, Oregon, to the Basel Credit and
18                                             Guaranty account in Las Vegas, Nevada.

19       NINETEEN                               Wire transfer of $100,000 from the Triumph Corp. (via
                                                Allegro Services account) in Spokane, Washington, to the
20                                              Basel Credit and Guaranty account in Las Vegas, Nevada.

21

22                               COUNTS TWENTY THROUGH TWENTY-SIX
                                    Money Laundering; Aiding and Abetting
23
                  10.           The factual allegations contained within paragraphs 1 through 9 are
24
         realleged and incorporated herein by reference as if set forth in full.

                  11.           On or about the dates set forth below, in the State and Federal District of
    Case 2:08-cv-08116-GAF-RZ               Document 14-3         Filed 01/11/2009       Page 43 of 68
C       e 2:00-cr-00302-L~JJ               Document 1-397433         File~9/06/2000         Page 8 of 12



                                           ROLAND HARM MARQUARDT,
                                             JOHN ELLIS MORRIS, and
                                                ROBERT ROOKS,



         transaction by through or to a financial institution, affecting interstate or foreign commerce, in

         criminally derived property of a value greater than $10,000, such property having been derived

         from specified unlawful activity, that is, wire fraud (18 U.S.C. § 1343). On or about the dates set

         forth below, the defendants caused the monetary transactions described below to occur, with each

         monetary transaction constituting a separate violation of Title 18, United States Code, Section
    8
         1957 and 2.
 9
         COUNT                  DATE                    MONETARY TRANSACTION
10
         TWENTY                  12-3-97        Negotiation of check #2117 for $18,750 from the Basel
11                                              account at First Security Bank to defendant ROBERT
                                                ROOKS.
12
         TWENTY-ONE              12-12-97       Negotiation ofcheck#2141 for $15,000 from the Basel
13                                              account at First Security Bank to defendant ROBERT
                                                ROOKS.
14
         TWENTY-TWO             9-16-97         Wire transfer of$ 35,000 from the Basel account at First
15                                              Security Bank to the Dominion ofMelchizedek.

16       TWENTY-THREE           3-13-98         Negotiation of check #103 for $25,000 from U.S.Trust
                                                account #1100635869 to the Basel account at First Security
17                                              Bank.

18       TWENTY -FOUR            1-16-98        Transfer of$100,000 from D.S.Trust account
                                                #1100635869 to U.S.Trust account #1100065323.
19
         TWENTY-FIVE             1-22-98        Transfer of$100,000 from U.S.Trust account #1100635869
20                                              to U.S.Trust account #1100065323.

21       TWENTY-SIX             2-24-98         Transfer of $70,000 from U.S. Trust account #1100635869 to
                                                U.S.Trust account #1100065323.
22


                                             COUNT TWENTY-SEVEN
                                             Money Laundering Conspiracy


                  12.           The factual allegations contained within paragraphs 1 through 11 are

         realleged and incorporated herein by reference as if set forth in full.
 Case 2:08-cv-08116-GAF-RZ              Document 14-3          Filed 01/11/2009        Page 44 of 68
                                                                 Filed 09/06/2000        Page 9 of 12
Ca e 2:00-cr-00302-LR~JJ             Document 1-397433                (\,




                                     ROLAND HARM MARQUARDT,
                                       JOHN ELLIS MORRIS, and
                                          ROBERT ROOKS,
     defendants herein, did combine, conspire, confederate, and agree with each other and other persons

     known and unknown to the Grand Jury, to commit offenses against the United States as follows:

                             a.      Money Laundering, by knowing that the property involved in a financial

     transaction represented the proceeds of some fonn of unlawful activity, conducted and attempted to

     conduct such a financial transaction (1) with the intent to promote the carrying on of specified

     unlawful activity, and (2) knowing that the transaction was designed in whole or in part to conceal and

     disguise the nature, the location, the source, the ownership and the control of the proceeds of specified

     unlawful activity, and to avoid a transaction reporting requirement under federal law, in violation of

     18 U.S.C. § 1956(a)(I); and
13
                             b.      Money Laundering, by knowingly engaging, attempting to engage, and



     property that was ofa value greater than $10,000, in violation of 18 U.S.C. § 1957.

                           Manner and Means of the Money Laundering Conspiracy

               14.           It was part ofthe money laundering conspiracy that the defendants, ROLAND

     HARM MARQUARDT, JOHN ELLIS MORRIS, and ROBERT ROOKS, caused the advance
     fees paid to them by the victims upon the defendants' false promises to provide Stand-by Letters of

     Credit and Performance and Payment Bonds to be deposited into bank accounts at First Security Bank

     (Basel Credit and Guaranty), Las Vegas, Nevada, and U.S. Trust Bank (R.H. Marquardt Family Trust),

     Boston Massachusetts. The funds deposited in these accounts were then used by the defendants to

     promote the carrying on of the specified unlawful activity by, among other things, paying co-
  Case 2:08-cv-08116-GAF-RZ                Document 14-3           Filed 01/11/2009     Page 45 of 68

Ca    2:00-cr-00302-LR~J             Document 1-397433              Filed~/06/2000       Page 10 of 12




                                                      Overt Acts

               15.           In furtherance of the conspiracy and to effect the objects of the conspiracy, the

      defendants committed overt acts, including but not limited to the following:

                             a.      The defendants caused the monetary transactions alleged in counts 20

      through 26 of this indictment to occur, and the same are all hereby re-alleged separately as overt acts.

                             b.      On or about the dates set forth below, in the separate overt acts set forth

      below, the defendants caused the negotiation of checks enumerated below from the Basel Credit and

      Guaranty account in First Security Bank, Las Vegas, Nevada, all payable to defendant ELLIS
  8
      MORRIS.
  9
                                              Date:                           Check#:
 10
                                     1.       September 16, 1997               1708
 11
                                     11.      September 17, 1997               1712
 12
                                     Hi.      October 20, 1997                 1812
 13
                                     iv.      October 29, 1997                2007
 14
                                     v.       November 3, 1997                2025
 15
                                     VI.      November 7, 1997                2046
 16
                                     vii.     November 13, 1997               2068
 17
                                     Vlll.    November 29, 1997               2093
 18
                                     ix.      December 2, 1997                2101
 19
                                     x.       December 3, 1997                2115
 20
                                     xi.      December 9, 1997                2136
 21
                                     xii.     January 6, 1998                 2150
 22
                                     xiii.    January 9, 1998                 2173 and 2175
 23
                                     xiv.     January 22, 1998                2226
 24
                             c.      On or about May 4, 1998, the defendants caused the negotiation of

      check #2430 for $10,000 from the Basel account at First Security Bank to defendant ROBERT

      ROOKS.
 Case 2:08-cv-08116-GAF-RZ                Document 14-3         Filed 01/11/2009      Page 46 of 68
Ca   2:00-cr-00302-LRtt:'RJJ        Document 1-397433             File<f1t9/06/2000     Page 11 of 12
                                                                      ,   .




                            d.          On or about March 6, 1998, the defendants caused the negotiation of

     check #101 for $10,000 from U.S.Trust account #1100635869 to the Basel account at First Security

     Bank.
                             e.         On or about March 8, 1998, the defendants caused the negotiation of

     check #102 for $10,000 from U.S.Trust account #1100635869 to the Basel account at First Security



                             f.         On or about March 26, 1998, the defendants caused the negotiation of

     check #108 for $10,000 from U.S.Trust account #1100635869 to the Basel account at First Security




     allegations are hereby incorporated herein by reference,
                                    ,
                                        ROLAND HARM MARQUARDT,
                                          JOHN ELLIS MORRIS, and
                                             ROBERT ROOKS,

     defendants herein, if convicted of counts 20 through 27, or any of them, shall forfeit to the United

     States any property, real or personal, involved in such offense, or any property traceable to such

     property, pursuant to Title 18, United States Code, Section 982(a)(I). Such properties include, but

     are not limited to, the following:

                             a.         $1,459,967 in United States Currency.

              26.            If any of the property described above, as a result of any act or omission of

     the defendants, cannot be located upon the exercise of due diligence, or has been transferred, sold

     to, or deposited with, a third party, or has been placed beyond the jurisdiction of the court, or has

     been substantially diminished in value, or has been commingled with other property which cannot

     be divided without difficulty, it is the intent of the United States, pursuant to Title 18, United
        Case 2:08-cv-08116-GAF-RZ               Document 14-3          Filed 01/11/2009      Page 47 of 68
• ,Ca        2:00-cr-00302-LR~J            Document 1-397433            File~~/06/2000        Page 12 of 12




             States Code, Section 982(b )(2), to seek forfeiture of other properties of the defendants up to the
         1
             value of such properties described above.
        2

        3

        4

        5

        6
                      DATED: this    iL day of ~bei.,          2000.
        7
                      A TRUE BILL:
        8

        9
                                                           ~\Jl_U~
                                                           FOREPERSON OF THE GRAND JURY

        10   KATHRYN E. LANDRETH
             United States Attorney



             MATTHEW A. PARRELLA
             Assistant United States Attorney
Case 2:08-cv-08116-GAF-RZ   Document 14-3   Filed 01/11/2009   Page 48 of 68
 Case 2:08-cv-08116-GAF-RZ            Document 14-3     Filed 01/11/2009   Page 49 of 68




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Registrant:
International Synergy Holdings
Robert Rooks
880 West 1st Street Suite 306
Los Angeles, CA 90012
US
Email: admin@citydistrict.com

Registrar Name : REGISTER.COM,INC.
Registrar Whois : whois.reglster.com
Registrar Homepage: www.register.com



Created on           : Thu, Mar 27, 2008
Expires on          : Fri, Mar 27,2009
Record last updated on.. : Wed, Jul 02, 2008

Administrative Contact:
International Synergy Holdings
Robert Rooks
880 West 1st Street Suite 306
Los Angeles, CA 90012
US
Phone: +1.2136170892
Email: mark@broadcast4sale.com

Technical Contact:
Registercom
Domain Registrar
575 8th Avenue
New York, NY 10018
US
Phone: +1.9027492701
Email: domainregistrar@register.com



ns2. meganameservers.com
ns3.meganameservers.com
ns1.meganameservers.com
Case 2:08-cv-08116-GAF-RZ   Document 14-3   Filed 01/11/2009   Page 50 of 68
Case 2:08-cv-08116-GAF-RZ   Document 14-3   Filed 01/11/2009   Page 51 of 68
Case 2:08-cv-08116-GAF-RZ                 Document 14-3                    Filed 01/11/2009                 Page 52 of 68




            AJliIkt ~tnIematloAal      is on Itle move In many wayt and in I1'llmYparts of the country.
            AN- Is ei:mlmilted to opening stuQioa in MICl\Igen for ••••.

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Case 2:08-cv-08116-GAF-RZ   Document 14-3   Filed 01/11/2009   Page 53 of 68
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                                  Allied ArtIsts Pict~res CorporlttiGn atarted Ilfe ItS a subsidlaty of Monogram PIctures that
                                  waa eatablished In 1946 a. an outlet for fiImI with ~           names ancI higher budgeta
                                  than Monogram ~          boast. Monognlm eontlftued to produce •••••movies throUGh 1952.
                                  while the stUdIO" special attractlona were released a. "Allied Mists Productions,"

                                  In 1953, Allied ArJist. droppeQ the Monogram name and functioned aa a single entity,
                                  Allied Mists PictUres. Allied ArtIsts did malt. a few noteworthy fiIma in the fifties
                                  (Friendly Persu'-ion. AI Capone)
                                  but apart from th, popular "8" eomectles with The Bowery Boy$, moat of the .tudlo's
                                  output COI1$istedlof e,.,loitaliOn pictures, filmed qufcldy to cash in on current trends and
                                  events (Operatici!' Eichmann, The Naked KIII$)
                                  . One of the few inainstream .uraetions released by the .tudiO in the 1960s waa TIckte
                                  Me starring ElvIs:PresIey (1965)
                                  . For better or foil worse, one of Its better known fin today is Mitchell (1975)
                                  which waa ~            in a very popular episode of Mystery Science Theater 3000.

                                  DistIiIMItGr.. m..ograptty of Allied A'"

                                  Amore, piombQ. furore (1918)                  The Human OupIicators (1965)
                                  The Wild Geese (1978)                         Mutiny in Outer Space (1965)
                                  The Betsy (1918)                              Racing Fever (1964)
                                  Teenage Graffiti (1977)                       The Naked Kiss (19&4)
                                  Twilight's Last ~1eaming (1977)               BIoociI on the Arraw (1964)
                                  Communion (1976)                              002agenti aegretIPimi (1964)
                                  The NeJd Man (1976)                           The OevII's Bedroom (1964)
                                  NOirs et blanca en couleur (1976)             ViII t renvers, La (1964)
                                  Chin •• tai yang! (1976)                      King & Country (1964)




                                  ~'11t'07$)
                                  That I,.ucky Touth (1975)                     ClaSh by NIght (1984)
                                  The Man Who     WoUld  Be Kmg (1975)          Limon6dGvj Joe aneb K0nat<8 opera

                                                                                     ._..
                                                                                !:~~_.
                                   ··. f-..
                                    .-    -
                      ......................--------·
                                                   I
                                                                                             - -.. ·
                                                                                .. ~--·_ .. ··-·.".. __
                                                                                 ~ .. _ .. . -- ..                                   .
Case 2:08-cv-08116-GAF-RZ   Document 14-3   Filed 01/11/2009   Page 58 of 68




                            -~._~
Case 2:08-cv-08116-GAF-RZ   Document 14-3   Filed 01/11/2009   Page 59 of 68
Case 2:08-cv-08116-GAF-RZ             Document 14-3               Filed 01/11/2009   Page 60 of 68




            Now hiring produjmon team, please send resumes and photos.
            infoCtaUledartistspieturescorp.com
 Case 2:08-cv-08116-GAF-RZ                                   Document 14-3                          Filed 01/11/2009                  Page 61 of 68




                                                                                                        Sun. Dee 7, 2008. 7:04PM ET - U.S. Marketa                    c:toMd.

                                                                                                                                                                  !Mttlngsl
INTL SYNERGY HLDG (ISS.F)                                                                                                      01'1 New T:   0.86 .•.0.02         (2.27%)

More IB8.F.
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Historical Prices        INTL SYNERGY HLDG                               (Frankfurt        IBS.F)




                                                                                                                     i.
Chartll                  Last Trade:                              0.86            Day's Range:                0.10·0.10
lnteradive
Basic Chart              TradeTime:                           Nov7                52wkRange:              0.10·52.15
BasicTech.Anal~          Change:                  ••. 0.02 (2.27%)               Volume:

Newe&lnfo                Prey Close:                              0.86           Avg VoJ (3m):                          0                     1d 5d 3m           11m 1y '.l:f
Headlines                                                                                                                                                               chlrt
                                                                                                                                                               CUlI1l:In'tl9
                         Open:                                    0.86                c
                                                                                 Market ap:                          NlA
Financial BIogs                                                                                                                       AIJd IBS.F 10 YfS          PortroIo
Company Events           Bid:                                     47.50          PIE(tfm):                           NlA
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                         Ask:                                     0.10           EPS(tIm):                           NlA              0<Mft0ad      Dala
Company                  1y Target Est: ;                          NlA            OIv & Yield:                N/A(N/A)                Add ~           10 Your Web Site
Profite                            "        ·"t···"                        ...        ""                ...     .    "....
Key Statistics           CIuoles del8yed,! eJCePt \WIre indicated otherIIioUle. For consoIid8ted reaJ..time
SeCFilings               quotes (incl. ~post   market data). sign up for a free trial of Real-Ime Quotes.
~ors
Industry
Components
                                Internatlo,.1 Synergy Holding CompafP,t.
Analyst Coverage                Limited ACquires Alied ArtiSt$ Pic:tll'es
Analyst Opinion                 Corporatic?n
Analyst Estimetes               MIIrlIIItwIre (Fri. AuO 8)
Research Reports          • Intemattc*J Synergy Holding Company.
Star Analysts
                            Limited AI!lnounced That tt Ha$ Incorporated
Ownership                   on Its 80Qks an .Asset From lkIIed
Major HOlders               Asstwance Company. Ltd of $600.000.000
                                MIIrhetwiAl fThu. MIIr6)
Insider Transactions
Insider Roster            It   More ~                 for IBS.F
Finaneia ••               Add IBS.F Hednes              10 My Yahoo!
Income Statement
Balance Sheet
CashFtow
                          FINANCIAL I!"-OGS
                          '. No Finendial 810gs available for 18S.F at this
                             time.           I                                                                                    Problems with Off-5horing

                                                                                                                                                    Pro1llded I>y: •
                          REPORTS

                                No Reports available for IBS.F at this time.
                                                                                                              Auto Baiklut Approved
                                                                                                              CNBC
                                                                                                              Saut on   Jobt   Report
    Case 2:08-cv-08116-GAF-RZ                              Document 14-3                          Filed 01/11/2009                             Page 62 of 68


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                                                                                                      ..ForWard PIE (1Yr):


                                                                                                        Dividend Date:                                         NIA
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                                                                                                        ANALYSTS
                                                                                                        Annual EPS Est 0 :                                     NtA
                                                                                                        Quarterly EPS Eat 0 :                                  NIA
                                                                                                        Mean Recomnendation":                                  NtA
                                                                                                        PEG Ratio      (5   yr fl'XPlICt8d):                   NtA
                                                                                                        • (Stro/Ig Buy) 1.0 - 5.0 (Sd)
                                                                                                                         Analyst      0pIni0A    IE8timete$

                                                                                                        BUSINeSS SUMMARY

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  Case 2:08-cv-08116-GAF-RZ         Document 14-3   Filed 01/11/2009      Page 63 of 68


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Case 2:08-cv-08116-GAF-RZ        Document 14-3                    Filed 01/11/2009                     Page 64 of 68




                                                                       ... ~{<   Jamie Fon                  BLACK RO. TALKS
                                                                                                            •••••••   1101
                                                                                 new movie "Law Ai
                                                                                 thriller c:.Iintc:ted by
                                                                                 Starring oppoelte c
                                                                                 Butler. Fox would ,
                                                                                 traumatized victim
                                                                        upset to find out tt1
                                                       daughters murders will be set free. I Ills been aWhile sinCe
                                                                                              ftp+IOp heads.11aIe
                                                       take matters Into his own hends.       heatd from Blac;k ~.
                                                       www.clnemabiend.comlnewla.php?U                      Since drQppinlJ his debut,
                                                                                                            Uf& story in '99. the
                                                                                                            HiIrleIn. NY emcee has
                                                       Allied Artis. now"           an onIIn                had some run-inS wilhthe
                                                       They    are gIVing people who are lnvc               law and •• sIdeIl1lId
                                                       entertatmnent industry new opportu                   wi1h !llddney cfiSeaae. so
                                                                                                            It wasunctear ask> ~
                                                       slat of their own mov •••• Check out
                                                                                                            fans WOUld· hear from him
                                                       www.diedartlsteplctureacorp.eom                      n&l4.
                                                                                                            And SUddenly, in 2005.
                                                                                                            he r&-emerged.          The
                                                                                                            Blac;k ~       Report, his
                                                                                                            IaIe8t offerlllQ off of f3ad
                                                                                                            Boy Records.
                                                                                                            Read artcle at Sohh.com


                                                                                                            LOOKING'OR
                                                                                                            SOME1lIlNG?


                                                                                                            Find 8\II!llI$, labkels.
                                                                                                            record stores $1d more at
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                        I·"'"    1 "Ill! I p•.•.•••   1~.I     ••••    1 MeW'" I·SMiJllnv_             I Contad:
                    Cqpyrigl'lt@!'bt1VNetworks    2005.111 ~      Resar1IEI(I. Contact U$
     Case 2:08-cv-08116-GAF-RZ                                 Document 14-3                     Filed 01/11/2009                   Page 65 of 68


                                                                                                                                                      '~~~t
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                                     ',,"j/\i,F KING                                                                                           ReIat8d Quot8
                                                                                                                                 leS.E        0.86   -0.02  ~
                                                                                                                                         View De.lled Quot8
                                                                                                                                                Oeleyed 20 mins
                                                                                                                                           ~          - Oisclllimer

International Synergy Holding Company, Limited Acquires Allied
Artists Pictures Corporation
Friday August 8, 12:00 am ET


NEVIS, WEST INDIES-{MARKET            WIRE)-Aug    8, 2008 -International Synergy Holding Company, Limited
(FrankflrtleS.E  -~       amounced that is has acquired Alied Artists Pictures Corp from affdiate Apple Juice
Productions, a spin-off of Ailed Artists Entertainment Group.

IBS's acquisition of AiMed Artists adds to Its portfoHo of entertainment    assets, a sb"ategic division that will serve to
expand its molion picture and music distribution businesses.

IBS understands today's comparies'      reSOLn:eS, their abYllies and the imovaled      structures that companies      need In                  TOp Stories
today's financial marttets,
                                                                                                                                 • Tribune flies for banknJptcv
Allied Artists'long and rich history Includes Allied starting its life as a subsidiary of Monogram PictlRsthat was                 oroteclion· M' (1:58 pm)
establshed in 1946 as an outlet for films Vtfth bigger names and higher budgets than Monogram could boast.
Monogram contln.Jed to produce "B" movies through 1952, while the studio's special attractions were released as                  • Anheuser-Busch I oBey to cui
"AiIiedArtistsProduetions.  "                                                                                                      1.400 US iObs -M' (2:11 pm)
                                                                                                                                 • White   House: AWl deal is 'very
                                                             In 1953, AHied Artists dropped the Monogram name and                  ~-M'(1:15pm)
                                                             functioned as a single entity, Allied Artists Pictll'es. Allied
                                                             Artists did make a few noteYtOl1hy mms In the fifties               , Wall Street extends bia raHv to
                                                             ("Friendly Persuasion; "AI Capone") bU apart from the                 2nd session -M' (1 :45 pm)
   Recently China was forced to actiYalie a $586             popular "B" comedies 'NittI "The Bowery Boys," 'most of the
   I6:In economic stimulus pIan_ Could China be              studio's oulplA consisted of exploltallon pictll'es, fdmed
   headed for an all-out crisis?                             quickly to cash In on current trends and events rOperation
   Far from it. While the Weslllm wOOd slips into            Eichmann; "The Naked Klssj. One of the few mainstream
   recession, China's economy will flOW faster th:.Jn        atIractIons released by the studio in the 1960s was "Ticlde
   any olher countJy's il2009-    expanding by 8.5%'         Me" starring EMS Presley (1965). For better or for worse,
   Get the names of the 3 COlftPllllIes that will profit     one of its better kncr.Nnfilms today is "Mtchelr (1975)
   the most from 1his unstoppable growth iI a MW             which was spoofed in a very popuiar episode of "Mystery
   FREE report from The Motley Fool. PLUS 1Ile               Science Theater 3000." Alied produced and/or distributed            Add headlines to your
   healthcare juggernaut exper1s are calling, "The           major films such as "PapYloo." "CibDr and • The Man                 personaliZlBd My Yahool Page
   Next Johnson & Johnson_"                                  Who Wouid Be King,"                                                  ( Ab!!u! Mr YljJool lIJl RSS )

     Cick here for instant access to ttis FREE report!                                                                            BS.F HMdInes
                                                           IBS Is a broad based relnsLnnCe company that has
                                                           developed an innovative "Enhanced" Investment Trust
                                                           which covers the development and delivery through
mulliple paths for (coHective efforts) and to ertlance 01' company growth & success, for business - vtajoint venture
& team management. growth & cooperative business development success. Our management has by expertise and
knowledge focused its cooperative efforts Ilia flll8nce Investments ¥Ath joint team collective ventures.

IBS Is qualified In selective financing of mergers, acquisitions    and other attractive opportunities   brought to its
attention in worldwide business ventures.

For further Information visit our website WNN jntematiOnalsnrgyho!dQlcompany!td             com or contact   US   at
jofonnation@intemaljonalsimergyholdi!lJcompanyltd      com.

Statements in this preas release relating to plans. sb"ategles, economic performance and trends, projections of
reslAls of specific actlvities or investments, and other statements that are not descriptions of historical facts may be
forward-looking statements YAthin the meaning of the PrIvate securities Litigation Reform Act of 1995, Section 27 A
of the Securities Act of 1933. Forwa-d-Iooking Information Is inherently subject to risks and uncertainties, and actual
results couid differ materially from those currently anticipated due to a number of factors, INhich include, blA are not
limited to, risk factors inherent In doing business. Although we believe that the expectations reflected In the forward-
looking statements are reasonable, we cannot guarantee flAure results, levels of activity, performance or
achievements. The company has no obligation to update these forward-looking statements.
      Case 2:08-cv-08116-GAF-RZ                                             Document 14-3                            Filed 01/11/2009                           Page 66 of 68



         International             Synergy         Holding        Company.         Limited
         Email Cgntact
         httPi//WWft,ipt9rnotioDolsyn9rqvholdinqcamponyltd,coa




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 e>cpress wr1llln permiSsion is prahibiled. Further dislrtlullon athase m_s       is slticlly forbiddsn. including but not Iimiled to. post01l. emailing.fIIxing. 8IChMng In elU*c _.       redistrllU01l
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        Case 2:08-cv-08116-GAF-RZ                                                                              Document 14-3                            Filed 01/11/2009                           Page 67 of 68


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.~                                                       I          01••••.••••
                                                                                                                                                               , I j/\I   11KING

                                                                                                                                                                                                teS,E
                                                                                                                                                                                                               Relllted Quote
                                                                                                                                                                                                             0.86    -0.02  ~
                                                                                                                                                                                                        View Detailed Quote
                                                                                                                                                                                                                 DeIIIyed :!O mina
                                                                                                                                                                                                              Providers - Pilclllirner

International Synergy Holding Company, Limited Announced That
It Has Incorporated on Its Books an Asset From United Assurance
Company, Ltd of $500,000,000
1hursdIIv MIrch 8,2008 12:00 am ET

NEVIS, WEST INDIES-(MARKET        W1RE)-Mar 6, 2008 - Inlemational Synergy Holding Company, Limited
(FrankfuIt:.!.BS..E - ~ amoU'lCed that Is has incorporated on Ita books an asset from lIniIed Assurance
Company, Ltd of $500.000,000.

                                                                                                                  IBS now has assets, cash and cash equivalents in excess
   -<"~f.~~
          ,.j~~~;';1    '~"':t~f;tt-if~~~' ~t" f ~>t4{§r;~ FfJk.~Sj
                                       iitJ!:!-'                                                  t.<-, ~
                                                                                                                  of $750,000,000 US, which Is above Its Cl.I'Iert liabilities
                                                                                                                  and is at present adding slbstanllal assets for financing                                      Top Stories
 1i~;:(~:A~"'.1 I~ t>   t   • ~,,~ :,   l:k:   I   <,)   •   ,I:,    _ I-~~:-   /<.'   ,,'"   ~    ,..~;I.ir~",,~
                                                                                                                  auxifiary developments for flntlng projects \Wrldwide,                        , Tribune files for bankruotcy
   Famed venllllre capitaIilIt Ray Lane bet on Internet                                                                                                                                           protection. N' (2: 14 pm)
                                                                                                              IBS understands todBy's companies' resources, their
   InaIrouts ike GoogIe, Amazon, and Netscape
                                                                                                              abilities and the Imovated structures that companes need                          , Anheuser-Busch                  loBev to cui
   befont Wal Street did. Now he's found a mega-                                                              in todBy's flllanCiallT\8l1(ets.                                                    1,400 US jobs·              N' (211 pm)
   1rend he says CIOlAdbe to limes bigger_
                                                                                                              From begiming to end, companies Yt4lhlnthe netY«>1ttof                            , WhIte House: AtAo deal Is 'verv
                                                                                                                                                                                                  ~.          N' (1:15 pm)
                                                                                                              closely held and slrategic alliance parlnersNps Yt4thIBS
   A new spec:ilIIreport reveals aille details plus                                                           \Witt Yt4t1intrue synergy. Inlemational Synergy Holding Co.                       , WBAIStreet extends big ra!Iy to
   the names of 3 breallout sIoc:ks. This IlIpOrt ••                                                          Ltd is plbliCly traded on the Frankfurt, German stock                               2nd sessiOn - N' (1:45 pm)
   for $29 - but right now you can get it FREE_                                                               exchange (SymboIIBS.F).       Participation can be pt.rehased
                                                                                                              through registered Stock Brokers and any Investment
                                                                                                              house.

                                                          IBS is a broad based reinsurance company thet has
                                                         developed an Imovatlve "Enhenced" Investmert Trust
which covers the development and deHvery through mtAtlple paths for (collecllYe efforts) and to emance oU'
company growth & success, for business - via joIrt vertln    & team management. growth & cooperative business
developmert    success. OU' management has byexper1lse and knowledge focusecl its cooperative efforts via                                                                                       Add headlines to your
finance investments Yt4thjoint team collecllYe ventures.                                                                                                                                        personalized My Yahool Page
                                                                                                                                                                                                ( AbcU Mt YUlo! a'!d RSS )
IBS Is quallfied in selective financing of mergers, acquisitions                                                   and other attractive opportlntles              brought to Its
ettentlon In \Wrldwide business ventures.                                                                                                                                                        as.F   HflIIdIlneI


For fu1her information visit oU' website '#NNi irtemationalsynergyholdlngcomDarMtd.cDm                                                                   or contact us at
jnfonnatjon@intemationalsynergytp!dingcompanYIld         com.

Statements In Ws press release relallng to plans, strategies, economic performance and trends. projections of
restAts of speclflc 8CUvltIes or Investmerts, and other statemerts that are not descriptions of historical facts may be
forward-looking statements wilhln the meaning of the Private 5ecLlities Litigation Reform Act of 1995, Section 27 A
of the 5ecll1t1es Act of 1933. Forward-looking information is inherently subject to risks and U'lCertainties. and actual
restAts could differ materially from those Cl.l'lently articipated due to 8 ntmber of factors, which Include, btA are not
linited to, risk factors Inherert In doing business. Although we believe that the expectalions reflected in the forward-
looking statemerts are reasonable, we cannot guarantee flAu'e results, levels of activity, performance or
achlevements. The company has no obligation to update these forwerd-looking statemerts.




         Contact:
         International                             Synergy                Holding                     Company,       Limited
         Emoil          COD tact,
         http;//www.int.rnotigDolsvpersvboldingcoapoDyltd.com
     Case 2:08-cv-08116-GAF-RZ                                             Document 14-3                            Filed 01/11/2009                           Page 68 of 68




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                                                                           vie e compulor nelwork or ile printed form.
         Case 2:08-cv-08116-GAF-RZ                     Document 14-4               Filed 01/11/2009                 Page 1 of 2


BRENTON L. HORNER (SBN 92399)
Homer & Associates
205 South Broadway, ~uite 905
Los Angeles, CA 90012
Telephone: (213) 680-1716
Fax: (213) 680-1905 Email: bhornerlaw@aol.com

                                         UNITED STATES DISTRICT COURT
                                        CENTRAL DISTRICT OF CALIFORNIA

 ALLIED ARTISTS INTERNATIONAL, INC., a
 Nevada Corporation,

                                 v.                                            CV08-08116
 ROBERT N. ROOKS; ALLIED ARTISTS
 PICTURES CORPORATION, a California
 Corporation, et al. (eee.. o+to::hed)




TO:      DEFENDANT(S): Robert N. Rooks; Allied Artists Pictures Corporation; Darron Carr, Carlton Jinkins;
                             Jammie Padilla; Mark Nolte; and JOHN DOES 1-25, Inclusive.
         A lawsuit has been filed against you.

       Within 20 days after service of this summons on you (not counting the day you received it), you
must serve on the plaintiff an answer to the attached Iicomplaint D                  amended complaint
D counterclaim D cross-claim or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer
or motion must be served on the plaintiff's attorney, Brenton L. Homer                       , whose address is
 205 South Broadway, Suite 905, Los Angeles, CA 90012                                     . If you fail to do so,
judgment by default will be entered against you for the relief demanded in the complaint. You also must file
your answer or motion with the court.




      Dated:           D_EC_-_9_20_08              _




                                                                                            ~I   DIn. 01 ~'/;.

[Use 60 days if the defendant is the United States or a United States agency, or is an officer               ee of the United States. Allowed
60 days by Rule 12(a)(3)J.                                                                       1198
Case 2:08-cv-08116-GAF-RZ        Document 14-4   Filed 01/11/2009   Page 2 of 2




1   BRENTON L. HORNER (SBN 92399)
    LISA A. GALLO (SBN 201909)
2   Homer & Associates
    205 South Broadway, Suite 905
3   Los Angeles, CA 90012
    Telephone: (213) 680-1716
4   Fax: (213) 680-1905
    Email: bhornedaw@aol.com
5

6   Attorneys for Plaintiff
    Allied Artists International, Inc.



                               UNITED STATES DISTRICT COURT
                             CENTRAL DISTRICT OF CALIFORNIA



    ALLIED ARTISTS INTERNATIONAL,
    INC., a Nevada Corporation,

                                                 COMPLAINT FOR
                                                 TRADEMARK INFRINGEMENT;
                                                 FALSE DESCRIPTION; INJURY TO
                                                 BUSINESS REPUTATION
    ROBERT N. ROOKS; ALLIED ARTISTS              DEMAND FOR JURY TRIAL
    PICTURES CORPORATION, a California
    Corporation; ALLIED ARTISTS PICTURES
    CORPORATION, a Nevada Corporation;
    DARRON CARR; CARLTON JINKENS;
    JAMMIE PADILLA; MARK NOLTE; and
    JOHN DOES 1-25, Inclusive,




                  COMPLAINT FOR TRADEMARK INFRINGEMENT, UNFAIR COMPETITION,
                      FALSE DESCRIPTION. AND INJURY TO BUSINESS REPUTATION
                 Case 2:08-cv-08116-GAF-RZ                       Document 14-5                Filed 01/11/2009               Page 1 of 25

BREN'l'ON L. HORNER (SBN 92399)
LISA A. GALLO (SBN 20~909)
Horner            & Associates
205        South     Broadway,            Suite     905
Los Angeles, CA 90012
Telephone:  (2~3) 680-~7~6
Fax: (213) 680-1905
Email: bhornerlaWlitaol.com

                                            UNITED STATES DISTRICT COURT
                                           CENTRAL DISTRICT OF CALIFORNIA
ALLIED ARTISTS                  INTERNATIONAL,                INe.,   a
Nevada Corooration.


                                                                                                 PROOF OF SERVICE
                                                                                              SUMMONS AND COMPLAINT
                                                                                           (UK separate proof of 5mlice for each personIp8ny served)



1.    At the time of service I was at least 18 years of age and not a party to this action and I served copies of the (specify documents):
     a.     iii   swnmons                   Iil   complaint                D    alias summons                0   first amended complaint
                                                                                                             o second amended     complaint
                                                                                                             D   third amended complaint

            o     other (specify):
2. Person served:
   a. Iil Defendant(name): Allied Artists             Pictures        Corporation,                               a California           Corp.
   b. 0 Other (specify name and title or rel4tionship to the partylbusiness named):


     c.     Ii]    Addl'esswherepapers      were served: 880 West 1st               S.treet,          #306, L.A.,          CA 90012
3.    Manner of Service in compliance with (the appropriole               box 1IIIISI be chl!Cksd):
      a. 0 Federal Rules of Civil Procedure
     b.     ~.     California COde of Civil Procedure

4.    I served the pelSOn named in Item 2:
      a.    ~      By Personal service. By personally delivering copies. If1he person is a minor, by leaving copies with a parent, guardian.
                   conservator or similar fiduciary and to the minor if at least twelve (12) years of age.

            1.    iii    Papenwenserved on (date): December 10,                      2008        at(time):    2 :45 p.m.

      b.    IXJ    By Substituted    service.   By leaving copies:
            1.    o      (bome) at the dwelling house, usual place of abode, or usual place ofbusincss of           the
                                                                                                          person served in the presence of a
                         competent member of1he household, at least 18 years of age. who was informed of the general nature of the papers.

            2.     fXI   (business) or a person apparently in charge of the office of place of business, at least 18 years of age, who was informed
                         oCtile general nature of the papers.

            3.     o     Papen were served on (date):
                                                          ----------                             at (time):
                                                                                                              ------
            4.     iii   by mailiq (byfirst-class mall. postage prepaid) copies to the person served in Jtem 2(b) at the place where the copies
                         were left in Item 2(c).

            5.    o      papers wen maUed on (date):                                         _
            6.     o     due diligence.   I made at least three (3) attempts to personally serve the defendant
                 Case 2:08-cv-08116-GAF-RZ                  Document 14-5                Filed 01/11/2009        Page 2 of 25

     Co   0      Mall aad achowJeclam.at      of service. By mailing (11yfirst-class mail or airmail, postage prepaid) copies to the persall
                 served, with two (2) copies oCthe ronn of Waiver orService of Summons and Complaint and a return envelope, postagE
                 prepaid addressed to the sender. (Attach completed Waiv.rorServic:.      of Sum moDS aad Compwat).
     d.   0      SerYiceoa domestic corporadoa, uaiJIcorporated aaodatioa              (iDdudllla parta.nbip),     or pubUc .ntlty. (F.R.Civ.P.
                 4(b» (C.c.P. 416.10) By delivering. during usual business hows, a copy oCthe summons and complaint to an officer, a
                 managing or pneral agent. or to any other agent authorized by appointment or by law to receive service ofpro<:ess and, iCthe
                 agent is one authorized by statute and the statute so requires, by also mailing. by first-class mail, postage prepaid, a copy to
                 the defendant.

     e.   IiCJ   Substituted servi~ on domestic corporatJoa, uaJacorporated         assoeiatioa (Jadudlaa partDenblp), or public entity.
                 (C.c.P. 415.20 only) By leaving during usual office hours. a copy of the summons and complaint in the office orthe person
                 served with the person who apparelltly was in clwae and thereafter by mailing (byjirst-cIQS$ mail, postage prepaid) copies
                 to the persons at 1he place where the copies were left in full compliance with C.C.P. 415.20. Substitute service upon the
                 California Secretary of State requires a coun order. (Attacb. copy oftll. order to this Proof of Service).
     £    0      Service ODa foreip     corporation.   In any manner prescribed for individuals by PRCP 4(1).
     g.   0      Certifted or reaistend maD service. By mailing to an address outside California (by fi1'$l-e1o.u mtlil, postage prepaid.
                 requiring a t'etum receipt) copies to the person served. (Attach ligaed return receipt or other evidence of actual receipt
                 by the penon    served).
     h.   0      Other (specifY code section and type of service):

S.   Service upon the United Sta •••• aad Its Ai.ades, Carporatloas           or Offtcen.
     a.   0      by delivering a copy of the swnmons and compJaint to the clerical employee designated by the U.S. Attorney authorized to
                 accept service, pursuant to the procedures for the Office of the U.S. Attorney for acceptance ofserviee, or by sending a copy
                 of the summons and complaint by registered or certified mail addressed to the civil process clerk at the U.S. Attorneys
                 Office.                                                                                       .

                 Name of person served:

                 nuc ofperson    served:



     b.   0      By sending a copy oflbe summons and complaint by registered orcert.ified mail to the Attorney General orthe United States
                 at Washing~    D.C. (Attach dped ntara receipt or otber evidence ofactual receipt by tbe penon served).
     c.   0      By sending a copy of the summons and complaint by registered or certified mail to the officer, agency or corporation
                 (AtCacb slPed retura neelpt or other evidence of adual receipt by tbe penoa served).

6.   At the time of service I was at least J 8 years of age and not a party to this action.
7.   Person serving (name, tJ1:/dre$3 and telephone monbetj:


                                                                                    b.   0     Not a reaiste~   California process server
                                                                                    c.   Ii)   Exempt ftom registration under B&P 223SO(b)
                                                                                    d.   0     Registered California process server
              Case 2:08-cv-08116-GAF-RZ                     Document 14-5                Filed 01/11/2009               Page 3 of 25

BRENTON L. HORNER (8BN 92399)
LXSA A. GALLO (SBN 201909)
Horner & Associates
205 South Broadway, Suite                        90S
Los Angeles, CA   90012
Telephone:  (213) 680-1716
Pax: (213) 680-1905
Bmail: bhornerlaweaol.com

                                         UNITED STATES DISTRICT COURT
                                        CENTRAL DISTRICf OF CALIFORNIA
ALLIED          ARTISTS      INTERNATIONAL,             INC.,     a
Nevada Corooration.

                                                                                              PROOF OF SERVICE
                                                                                           SUMMONS AND COMPLAINT
                                                                                       (Use xparatc pt'oo( of service (or each pmonfparty served)



1.   At the time of service I was at least 18 years of age and not a party to this action and I served copies of the (specify documents):
     a. Ii) summons                   1mcomplaint                0 aliassummons                0 fir:st amended complaint
                                                                                                       o
                                                                                                    second amended complaint
                                                                                                       o
                                                                                                    third amended complaint

          o other (specify):
2. Person served:
     a.   ~     Defendant(name):      Allied      Artists        Pictures          Corporation,             a Nevada Corporation
     b.   0     Other (specify name and title or relationship to the parly/business       named):


     c.   KJ    Address wbcrepapers wcre served: 880 West 1st Street,                             #306, L.A.,          CA 90012
3.   ManDer of'Serviee in compliance with (the appropriate box          1IIIISt   be checlced):
     a.   0     Federal Rules of Civil Procedure
     b.   iii   California Code of Civil Procedure
4.   I served the petSOn named in Item 2:

     a.   iii   By Personal service. By persona1Jy delivering copies. If the person is a minor. by leaving copies with a parent, guardian,
                conservator or similar fiduciary and to the minor if at least twelve (12) years of age.
          1.    iii   Papen were sened on (date): December 10, 2008                           at (time): 2:4 5 p. m.

     b.   fXl   By Substituted     service. By leaving copies:
                                                                                                               '\
          1.    o     (home) at the dwelling ho~ usual place of abode. or usual place ofbllSiness of'the person served in the presence ofa
                      competent member of the household. at least 18 years ofage. who was informed of the general nature of the papers.
          2.    riJ   (business) or a person apparently in charge of the office of place of business, at least 18 years of age, who was informed
                      of the general nature oftbc papers.

          3.    D     Papen were set'Yeei on (date):
                                                       ----------                             at (time):
                                                                                                           ------
          4.    Ii)   by mailiJla (byfirst-class mail, postQgeprepaid) copies to the person served in Item 2(b) at the place where the copies
                      were left in Item 2(c).
          S.    0     papers were mailed on (date):                                       _

          6.    0     due diUaence.    I made at least three (3) attempts to personally serve the defendant.
                Case 2:08-cv-08116-GAF-RZ                  Document 14-5                Filed 01/11/2009         Page 4 of 25

     c.   0     Mall aad aekDowledpteat of service. By mailing (by first-class mail or airmail, postage prepaid) copies to the person
                served, with two (2) copies of the form of Waiver of service of Summons and Complaint and a return envelope. postage
                prepaid addressed to the sender. (Attacb completed Waiver of Service of Summoas and Complaint).
     d.   0     Service OD dom •••.•e corporadoD, uabaeorporated ~1.tIoa              (iDdudiog partaenbip), or public eatity. (F.R.Clv.P,
                4{It» (C.c.P. 416.10) By delivering. during usual business bours, a copy oflbe summons and complaint to an officer. 8
                manaama orpneral apnt, or to any other &gemaulhorized by appoinnnent or by law to receive service ofprocess and. if the
                agent is one authorized by statute and the statute so requires, by also mailing. by first-class maUl postage prepaid, a copy to
                the defendant.
     c.   if)   Substituted senice     00   domestic corporatioD, uaiocorporated        associ. doll (iDcladlal pamenbJp),     or public eDtlty.
                (C.c.P. 415.20 OBIy) By leaving during usual office hows, a copy of the summons and complaint in the office of the person
                served with the person who apparently was in charge and 1h~eafter by mailing (by first-class maU,postage prepaid) copies
                to the persons at the place where the copies were left in fUll compliance with C.C.P. 415.20. Subsdtute service upon the
                California Secrebuy of State requires a colD'torder. (Attach a eopy of the order to this Proof of Service).
     £    0     Service oa a forelp corporation.       In any manner prescribed for individuals by PRCP 4(f).
     g.   0     Certified or registered mall service. By mailing to an address outside California (by jirst-c/a.u mail, postage prepaid,
                                         copies to the person served. (Attach silned return receipt or other evidence or actual recelp.
                TflqUiring a return receipl)
                by the penon served).
     h.   0     Otber (specify code section and type of service):

s.   Service upon the Ualted States, aad Its Ageades, Corporations or Omeen.
     a.   0     by delivering a copy of the swnmons and complaint to the clerical employee designated by the U.S. Attorney authorized to
                acceptserviee. pursuant to the procedures for the Office of the U.S. AUOTney for acceptance ofscrvice. or by sending a COp)'
                of the summons and complaint by registered or certified mail addressed to the civil process clerk at the U.S. Attorneys
                Office.
                Name of person served:

                litJc of person served:

                Date and time of service:: (date):                                       at (time):                 _
     b.   0     By sending a copy oftbe summons and complaint by registered or certified mail to the Attorney General of the United Stales
                at Washington. D.C. (Attacb sigDed retarD receipt or other eYfdenC8of actaal reeeipt by the persoa served).
     c.   0     By sending a copy of the swnmons and complaint by registered or certified mail to the officer, agency or corporation
                (Attach slgaed retan receipt or other evidence or actual receipt by the penon served).

6.   At the time of service I was at least ) 8 years of age and not a party to this action.
7.   Person serving (name, addIess and telephone number):
                                                                                   a. Fee for service: $ 35.00
                                                                                                            '\
                                                                                   b.    0     Not a reaistered California process server
                                                                                   c.    (KJ   Exempt from registnrtion under B&P 223SO(b)
                                                                                   d.    0     Registered California process server
           Case 2:08-cv-08116-GAF-RZ                       Document 14-5               Filed 01/11/2009               Page 5 of 25

BRENTON L. HORNER (S8N 92399)
LISA A. GALLO(SBN 201909)
Horner & Associates
205 South Broadway, Suite 905
Los Angeles, CA                    90012
Telephone:  (213) 680-1716
Fax: (213) 680-1905
Email: bhornerlaW@aol.com

                                         UNITED STATES DISTRICT COURT
                                        CENTRAL DISTRICT OF CALIFORNIA
ALLIED          ARTISTS       INTERNATIONAL,            INC.,     a
Nevada Corcoration.

                                                                                           PROOF OF SERVICE
                                                                                        SUMMONS AND COMPLAINT
                                                                                    (Use separate proof of service CoreacIl personIputy served)


I.   At the time of service I was at least 18 years of age and not a party to this action and I served copies of the (specify documents):
     a. IiJsummons                    iii complaint              0 alias swnmons               0 first amended complaint
                                                                                                    o
                                                                                                    second amended complaint
                                                                                                    o
                                                                                                    third amended complaint

          o     other (specify):
2. PenG. served:
   a. Ii] Defendant (ntl1n8): Robert               N. ROoks
     b.   0      Other (specify name and lille or relalionship to ,he partylbusiness    named):


     c.   Ii)    Address where papers were served: 880 West 1st               Street,       #306,       L.A.,        CA 90012
3.   ManDer      or Semea in compliance with (Ihe appropritrle box must be ch.clced):
     a.   0      FederaI.Ru1es of Civil Procedure
     b.   I&l    California Code of Civil Procedure
4.   I served the person named in Item 2: -
     a.   (i) By Penonal service. By personally delivcrins copies. If the person is a minor, by JeavinS copies with a parent. guardian,
                           o
                 COD5CfVator r similar fiduciary and to the minor ifal least twelve (12) years ofage.
          l.    Ii)    Papers were served    OD   (date): December 10,         2008       at (time): 2: 45 p. m.

     b.   Ii]    By Substituted    semee. By leaving copies:
                                                                                                         ",
          I.    -0     (home) at the dwelling house. usual place of abode. or usual place of business oflhe person served in the presence of a
                       competent member of the household, at least 18 years of age, who was infonned of the aeneral nature oflhe papers.
          2.     fiJ   (buslDea) or a person apparently in charge of the office of place ofbus iness, at least 18 years of age. who was infonned
                       of the general nature of the papers.
          3.     D     Papers were served on (doIB):
                                                       ----------person served in Item 2(b) at the place where the copies
                                                             copies to the
          4. Ii1 by maJliDa (byfirst-class moil. fJOSlagB prepaid)
                                                                           at
                                                                              ------         (time):


                 were left in Item 2(c).
          s. 0         papers were mailed on (date):
                                                        ----------
          6. 0         due dW,'Dee. I made at least three (3) attempts to personally serve the defendant.
            Case 2:08-cv-08116-GAF-RZ                   Document 14-5             Filed 01/11/2009             Page 6 of 25

 c.    0   Mail and admowledpaerat of service. By mailing (by first-class mail or ai111l4i1. postage prepaid) copies to the person
           served. with two (2) copies of the form of Waiver of Service of Summons and Complaint and a return envelope, postage
           prepaid addressed to the sender. (Attach eompleted Waiver ofSenic. ofSummoaa and Complaint).
 d.    0   Service on do •••• tic corporatiou, u.iDcorporated association (lacludma pamlnblp).              or public entity. (F.R.Civ.P.
           4(11» (C.C.P. 416.10) By delivering. during U'SUII business hours, a copy of the summons and complaint to an officer, a
           manaaina or general agent, or 10 any other agent authori2ed by appointment or by law to receive service of process and, if the
           agent is one authorized by statute and the statute so requires, by also mailing. by first-class mail, postage prepaid, a copy to
           the defendanL
 e.    0   Substituted servke on domestic corporation, uaincorporated assoclatioa (lDeludlnl pamenblp), or public entity.
           (C.c.P. 415.20 oaly) By leavina during usual office hours. a copy of the summons and complaint in the office of the person
           served with the person who apparently was in charge attd thereafter by mailing (by jint-class mal/, postage prepaid) copies
           to the persons at the place where the copies were left in fun compliance with C.C.P. 415.20. Subsdtute service upon the
           California Secretary of State requires a court order. (Attach a copy of the order to this Proof or SerYice).
 f.    0   Service on a tonip       corporation.   In any manner presaibed for individuals by PRCP 4(t).
 g.    0   Certified or Jqiatend       mail service. By mailing to an address outside California (by ftnt-ekJss mail, postage prepaid,
           mpdrlng   Q                  copies to the person scrved. (Attach .lped retura receipt or other evid.n&:eoractuat receipt
                         return 1'eC4ipt)
           by the penon servecl).
 h.    0   Other (speci~ code section and type of service):

 Service upon the United States, and Its Apnclest Corporatloas or Otftcen.
 a.    0   by delivering a copy oftha swnmons and complaint to the clerical employee desianated by the U.S. Attorney authorized 10
           accept service, pursuant to the procedures for the Office of the U.S. Attorney foracceptancc of service, or by sending a copy
           of the summons and complaint by reaisfered or certified mail addressed to the civil process clerk at the u.s. Attorneys
           OftIce.
           Name of person served:



           Date and time of service: (date): .                                    at (time):                     _
  b.   0   By sendina a copy of the summons and complaint by registered or certified mail to the Attorney General ofd'le United States
           at Washington. D.C. (Attacb sigoed ret8m reaipt or other evlden&:eor actual receipt by tbe penon Ie"ed).
  Co   0   By sendina a copy of the summons and complaint by registered or certified mall to the officer, agency or corporation
           (Attach .Ia-eel mana receipt or other evidence or adual receipt by tbe penon Hrveel).

  At the time ofscrvice I was at least 18 years of age and not a party to this action.
  Person serving (name, odtltvss and telephone number):
                                                                             a. Feeforservice:      $ 35..,.00
                                                                                                          \

                                                                             b.   0      Not a registered California process server
                                                                             c.   rxJ    Exempt from reaistnltion under B&P 22350{b)
                                                                             d.   0      R.eeistercd California proeess server

 o     I am a California sheriff, marshal. or constable and I certi~ that the foregoing is bue attd correct.

eclare under penalty of perjury that the foreaoing is true and correct.
           Case 2:08-cv-08116-GAF-RZ                       Document 14-5                Filed 01/11/2009                Page 7 of 25

BRENTON L. HORNER (SBN 92399)
LISA A. GALLO (SBN 201909)
Horner & Associates
205 South Broadway, Suite 905
Los Angeles, CA 90012
Telephone: (213) 680-1716
Fax: (213) 680-1905
£mail: bhornerlaw@aol.com

                                         UNITED STATES DISTRICT COURT
                                        CENTRAL DISTRICT OF CALIFORNIA
ALLIED ARTISTS               INTERNATIONAL, INC.,                  a
Nevada          Cornoration.


                                                                                                  PROOF OF SERVICE
                                                                                           SUMMONS AND COMPLAINT
                                                                                       (Use separate proof or service for each pmonIparty   served)



1.   At the time of service I was at least 18 years of age and not a party to this action and 1 served copies oCthe (specify documents):
     a.   [iJ   summons                  iii   complaint               D     alias summons               0   first amended complaint
                                                                                                         o   second amended complaint
                                                                                                         o third amended complaint
          o     other (specify):
2. Person served:
   a. iii Dcfendant(name): Mark Nolte
   b. 0 Other (specify name and /ille or relationship to the partylbusiness named):


     c.   IXl   Address where papers were served: 880 West 1st                   Street,       #306,         L.A.,      CA 90012
3.   MaDDer ofServic:e in compliance with (the appropriate box mll$1 be checked):
     a. 0 Federal Rules of Civil Procedure
     b. iii California Code of Civil Procedure
4.   I served the person named in Item 2:
     a.   iii   By Penoal. service. By personally dcJiverina copies. lfthe person is a minor, by leaVing copies with a parent, guardian
                conservator or similar fiduci8l)' and to the minor if at least twelve (12) years of age.
          1.    iii   Papers were served on (date): December                10, 2008         at(time):    2 :45 p.m.

     b.   iC)   By Substituted     service. By leaving copies:
                                                                                                                ",
          1.    0     (hom.) at the dwelling house usual place of abode, or usual place of business of the person served in the presence of
                                                     j                                                                                                13
                      competent member of tile houuhold, at least 18 years of age, who was informed oCtile general nature of the papers.
          2.    Jij   (business) or a person apparently in charge of the office of place of business, at least 18 years of age, who was infonne<l
                      of the general nature of the papers.
          3.    0     Papers were served    OD   (date):                                     at (time):                       _

          4.    iii   by mailiDC (by first-class maj~ postage    prepaid)    copies to the person served in Item 2(b) at the place where the copies
                      were left in Item 2(c}.
                0
          S.

          6.    0
                      papers were mailed on (date):
                                                           ----------
                      due diUaeDce. I made at least three (3) attempts to personally serve the defendant.
              Case 2:08-cv-08116-GAF-RZ                 Document 14-5             Filed 01/11/2009            Page 8 of 25

     c.   0   Mall aad ackDowledgm.at of service. By mailing (by fint..cUw mail 01' airmaJ~ postage prepaid) copies to the persol
              serv~ with two (2) copies of tile form of Waiver of Service ofSwnmons and Complaint and a return envelope. postaS!
              prepaid addressed to the sender. (Attacb completed Waiver ofServiu of Sum mODI lad Complaint).
     d.   0   Service on domestic corporation, unincorporated association (includiDg partll.nblph or public •• tity. (F.R.Civ.F
              4(b» (C.CP. "16.10) By delivering. during usual business hours, a copy of the summons and complaint to an officer, I
              managina or general asent, or to any other apnt authorized by appoinbnent or by Jawto receive service of process and, lfthl
              agent is one authorized by statute and the statule $0 requires, by also mailing, by first-class mail, postage prepaid. a copy l(
              the defendant.
     e.   0   Substituted service oa domestic: corporatioD, uDiDcorporated usodadoD (includiDl plrtll.nblp), or public .ntlty
              (C.CP. 415.20 only) By leaving during usual office hours. a copy orthe summons and complaint in lbe office of the persot
              served with the person who apparently was in charge and thereafter by mailing (by jirst-clcw mail, poslap PTlpaid} COpiCl
              to the persons at the place where the copies were left in fUn compliance with C,C.P. 415.20. Substitute service upon the
              California Secretary of State reqwres a court order. (Attacb a copy of'tb, order to tbis Proof of Service).
     £    0   Service OD• forella corporation.      In any manner prescribed for individuals by PRCP 4(f).
     g.   0   Certified or reabtenHI mail service.. By mailinl to an address outside Califurnia (by first-class mail, postoge prepaid
              requiring Q retum Tlceipt) copies to the person served. (Attacb signed return receipt or otber evideDte ot actual recelpl
              by tbe penoD served).
     h.   0   Otber (specifY code section and type of service):

S.   Service upon the V.ICed States, and Its Aiendes, CorporatioDs or ameen.
     a.   0   by deliverina a copy of the summons and complaint to the clerical employee designated by the U.S. Attorney authorized te
              accept service, pursuant to the procedures for the Office oftha U.S. Attorney for acceptance of service. or by sending a COP)
              of the summons and complaint by registered or certified mail addressed to the civil process clerk at the U.S. Attorneys
              Offlce.
              Name of person served:



              Date and lime of service: (dale):                                       at (time):                  _

     b.   0    By seodina a copy of the summons and complaint by registered or certified mail to the Attorney General of the United States
               at Washinaton. D.C. (Attacb'.Ded   return receIpt or other evidence ot actual receipt by tbe person served).
     c.   0    By sencUna a copy of the summons and complaint by registered or certified mall to the officer, agency or corporation
               (Attacb siped ntura receipt or other evideDte of actual neelpt by tbe penon served).

6.   At the lime of service I was at least 18 years of age and not a party to this action.
7. Person serving (name. adtbwu and telephone number):
                                                                                 a. Fee for service: $~,35 • 00
                                                                                 b.   0      Not a registered California process server
                                                                                 c.   IKJ    Exempt ftom reai51ration under B&P 223SO(b)
                                                                                 d.   0      Rcaistered California process server
               Case 2:08-cv-08116-GAF-RZ                   Document 14-5                  Filed 01/11/2009                  Page 9 of 25

BRENTON L. HORNER (SBN 92399)
LISA A. GALLO (SBN 201909)
Horner & Associates
20S South Broadway, SUite 905
Los Angeles, CA 90012
Telephone: (213) 680-1716
Fax: (213) 680-1905
smail: bhornerlaWOaol.com

                                         UNITED STATES DISTRICT COURT
                                        CENTRAL DISTRICT OF CALIFORNIA
ALLJ:ED ARTISTS               J:NTERNATIONAL, INC.,               a
Nevada Corooration.

                                                                                             PROOF OF SERVICE
                                                                                          SUMMONS AND COMPLAINT
                                                                                      (Use separate proof of service for ach pasonIparty served)


1.   At the time of service I was at least 18 years of age and not a party to this action and I sened copies ofche (specify documents):
     a. 1iIsummons                    iii complaint              0 alias summons               0 first amended complaint
                                                                                                       o
                                                                                                    second amended complaint
                                                                                                       o
                                                                                                    third amended complaint

          o     other (specify):
2. Penon served:
   a. Ii} Defendant(name): Carlton Jinkens
   b. 0 Other (specify nome and title or mlationship to ths partylbusin8ss named):


     c.   iii   Addresswherepaperswere served:880             West 1st Street,                  #306     I   L.A.       I   CA 90012
3.   Manner or Service In compliance with (the Ilppropriole           bO%   must be checked):
     a. 0 Federal Rules of Civil Procedure
     b. iii California Code of Civil Procedure
4.   I served the person named in Item 2:
     a.   iii   By PersoDal seniee. By personally delivering copies. If the person is a minor. by leaving copies with a parent, guardian,
                canservator or similar fiduciary and to the minor Ifat least twelve (12) years of age.
          I.    iii   Papen   were served on (dale): December               1.0,   2008     at (time): 2: <45 p. m.

     b.   Ii]   By Substituted     senice. By lcavina QOpics:                                                   .....
          1.    o     (home) at the dweUing house. usual place of abode. or usual place ofbusincss of the person served in the presence ofa
                      competent member of the household, at least 18 years of age. who was informed of the general nature of the papers.
          2.    III   (basinal) Of a person apJlllftlrltly in charge otthe office ofpJace of business. at least 18 years of age, who was infonned
                      of the general nature of the papers.
          3.    0     Papen were served                                                     at (time):
                                            OD (date):
                                                         ----------                                          ------
          4.    III   by mailing (byjinr-e/ass   moil. postage prepaid) copies to the person served in Item 2(b) at the place where the copies
                      were left in Item 2(c).
          5.    0     papen were maUed on (date):
                                                         ----------
          6.    0     due dlligenee. 1made at least three (3) attempts to personally serve the defendant.
              Case 2:08-cv-08116-GAF-RZ                  Document 14-5            Filed 01/11/2009            Page 10 of 25

     c.   0    Mall and aelmowledame.t      or service. By mailing (by first-class mati or airmail, postage prepaid) copies to the persall
               served, with two (2) copies of the tbnn of Waiver of Service of Summons and Complaint and a return envelope, postag~
               prepaid addressed to the sender. (Attach tampleted Waiver of Servlc. of Sum mODSaad Complaint).
     d.   0    Service on domestic: corponadoa, uaiacorporated          assoeladoa (ineludlng pamel'lblp).       or public .atft)'. (F.R.Civ.P.
               4(h» (C.c.P. 416.10) By delivering, during usual business hours, a copy oflbe summons and complaint to an officer. a
               man8aing or gcoeral agent, or to any other agent authorized by appointment or by law to receive servIce of process and, if the
               agent is one authorized by statute and the statute so requires. by also mailing. by first-class mail. postage prepaid, a copy to
               the defendant.

     e.   0    Substituted senice on domestic corporation, uaineorporated         associatioa (lactudlnl partaenblp).    or pUblic: eatUy.
               (C.c.P. 415.20 only) By Ie.vina during usual office hours, a copy of the sununons and complaint in the office of the person
               served with the person who apparently was in charse and thereafter by mailing (by firs/-class mall. postage prepaid) copies
               to the persons at the place wheR the copies were left in fun compliance with C.C.P. 415.20. Substitute service upon the
               California Secretary of State requires a court order. (Attach a copy of tile order to this Prool 01Semce).
     £    0    Service on a tONip corporation.        In any manner prescribed for individuaJs by FRCP 4(t).
     g.   0    Cel1if'ted or regisCered mall service. By mailing to an address outside California (byfirs/-class mail. postage prepaid,
               requiring  Q relllm 1'eCeipt)copies to lite pelSOn served. (Attacb slped retu •.••receipt or other evidence of actuall'ftelpt
               by the person served).
     h.   0    Otber (specifY code section and type    lJr service):
S. Service upon the United States. and Its A&.dcl~ Corporatloal             or Or&en.
     a.   0    by delivering a copy ofthc summons and complaint to the clerical employee designlted by the U.S. Attorney authorized to
               accept service. pursuant to the procedures for the Office of the U.S. Attorney for acceptance ofserviee. or by sending a copy
               of the summons and complaint by registered or certified mail addressed to the civil process clerk at the U.S. Attorneys
               Office ..
               Name of person served:



               Date and time of service:    (date):                                    at (lime):                 _

     b.   0    By sending a copy oftbe summons and complaint by registered orcertifled mail to the Attorney General of the United States
               at Washinaton. D.C. (Attach signed return reeeipt or other nideate or actual receipt by tbe penon served).
     c.   0    By sendina a copy of the swnmons and complaint by registered or certified mail to the officer, agency             01"   corporation
               (Attach siped retuna receipt or other evidence of actual receipt by tbe person served).

6.   At the time of service Iwas at least 18 years of age and not a party to this action.
7.   Person serving (name, addnJss and telephone number):


                                                                                  b.   0     Not a registered California process server

                                                                                  c.   iii   Exempt from registration under B&P 223SO(b)
                                                                                  d.   0     Registered California process server
          Case 2:08-cv-08116-GAF-RZ                             Document 14-5                   Filed 01/11/2009                   Page 11 of 25

BRENTON L.             HORNER (SSN 92399)
LISA A. GALLO                (SBN 201909)
Horner & Associates
205 South Broadway, Suite                           90S
Los Angeles, CA   90012
Telephone:              (213) 680-1716
Fax:      (213) 680-1905
Smail: bhornerlaW@aol.com

                                           UNITED STATES DISTRICT COURT
                                          CENTRAL DISTRICf OF CALIFORNIA
ALLIED ARTISTS INTERNATIONAL,                                 me.,        a
Nevada Corporation.

                                                                                                     PROOF OF SERVICE
                                                                                                  SUMMONS AND COMPLAINT
                                                                                               (Use 5qllIlatc Ploof of service for each pmcxVputy   served)



1.   At the time ofservic:e I was at least 18 years of age and not a party to this action and I sen-ed copies of the (specify docum~nts);
     a. Ii) summons                   iii complaint              0 alias summons               0 first amended complaint
                                                                                                                 o
                                                                                                    second amended complaint
                                                                                                                 o
                                                                                                    third amended complaint

          o     other (specifY):
2. Penon scn-ed:
     a.   IKI   Defendant (name):      Darron Carr
     b.   0     Other (specify name and tille       01'   relolionslUp   10 the   partylbusiness named);


     c.   iii   Addresswhcrc~wercscrved:                      880   West 1st Street,                     #306,       L.A.      I   CA 90012
3.   ManDer 01 Seme. in compliance with (the approprime box                        M#SI   be checked):
     a.   0     Federal Rules of Civil·Proc:edurc
     b.   Iil   California Code of Civil Procedure
4.   IAn-cd the person. named in hem 2;
     a.   Ii)   By Perso.al semce. By personally delivering copies. If the person is a minor, by leaving copies with a parent, guardian.
                conservator or similar fiduciary and to the minor if at least twelve (12) years of age.
          1.    Ii)    hpenwereservedon(date):                December 10, 2008                      at(time):     2:45 p.m.

     b.   iii   By Substituted      service.   By leaving copies:                                                        ...
                                                                                                                           ,
          1.    o      (home) at the dwelling house. usual place of abode, or usual place ofbusincss afthe person served in the presence afa
                       competent member of the household. at least 18 years of age, who was informed of the general nature oCthe papers.
          2.    III    (buslDess) or a person apparently in charge of the office ofplaee of business, at least 18 years of age. who was informed
                       of the general nature of the papers.
          3.    o      Papers wen served       OD   (date):                                          at (tinre);                      _
          4.    IiCI   by malDnl (byfint-ela.rs      mail. postage prepaid) copies to the person served in Item 2(b) at the place where the copies
                       were left in Item 2(c).

          5.    o      papers wen     mailed on (date):
                                                              ----------
          6.    o      due diJiaeDce. [made at least three (3) attempts to personally serve the defendant.
              Case 2:08-cv-08116-GAF-RZ                   Document 14-5           Filed 01/11/2009            Page 12 of 25

     c.   0    Mail and aclmowledcmen( or semce. By mailing (by jint-class mail or airnrm1, postage prepaid) copies to the person
               served. with two (2) copitl$ of the fonn of Waiver of service of Summons and Complaint and a return envelope. postage
               prepaid addressed to the sender. (Attach completed Waiver orSenice or Summons and Complaiat).
     d.   0    Service ODdomestic corporation, ualDcorporated usoeiatton (iDdudlnc partnership), or pubUc entity. (F.R.Civ.P.
               4(h» (C.CP. 4J6.10) By delivering. during usual business hours. a copy oflbo summons and complaint to an officer. I
               managing or ,eneraJ agent, Otto any other 810m authorized by appointment or by law to receive service ofprocess and. if tho
               agent is one authorized by statute and the statute so requires. by also mailina. by first-class mail. postage prepaid. a copy to
               the defendant.
               Substituted seme. on domestic corporatfoa, unincorporated association (lndudiDI partnersbip), or public IDtity.
               (C.C.P. 415.20 oaly) By leaving durin, USWI1 offICehours. a copy of the summons and complaint in the office orlbe person
               served with the person who apparently was in cJwae and thereafter by maiUng (byfirst-class mall. post. J»Wpaid) copies
               to the persons at the pl~ where the copies were left in full compliance with C.C.P. 415.20. Substitute service upon the
               California 8ecretary of State requIres a coun order. (Attach a copy of the order to this Proot or Semce).
     f.   0    Servlee ODa toreip corporation.         In any manner prescribed for Individuals by PRep 4(f).
     g.   0    CertUfed or registered mail semce. 8y maUina to an address outside California (by first-class mai/, postage prepaid,
               requiring a return receipt) copies to the person served. (Attacla IIIDed returo receipt or other evidence or actual receipt
               by tbe person served).
               Other (specifY code section and type of service):

S. Service upon the United States, and Its Aleneies, CorporatiODI or          omeen.
     a.   0    by delivering a copy or the summons and complaint to the clerical employee designated by the U.S. Attorney authorized to
               accept service. pursuant to the procedures for the Office of the U.S. Attorney for acceptance of service. or by sending a copy
               of the summons and complaint by registered or certified mail addressed to the civil process clerk at the U.S. Attorneys
               Office.
               Name ofperson served:

               ntle of person served:
               Date and time of service:    (dlzte):                                  at (time):                   _

     b.   0    By sending a copy of the summons and complaint by reaistered or certified mail to the Attorney General ofche United States
               at Washington. D.C. (A~cb siauecl retUrD receipt or otber evldeace ot actual neeipt by tbe penon sel"\'ed).
     c.   0    By sending a copy of the summons and complaint by reaistcred or certified mail to the officer, agency or corporation
               (Attacb .ilaed returo receipt or other evidence of adual receipt by the persoD served).

6.   At the time of service J was at toast 18 years of age and not a party to this action.
7.   Person servina (nam,. address and 1,I,phone number):
                                                                                 a. Fee for service:    $ ,-\
                                                                                                          35.00
                                                                                 b.   0      Not a reJistered CaJifornia prooess server
                                                                                 c.   iii    Exempt from registration under B&:P 223SO(b}
                                                                                 d.   0      Registered California process server

8.   0    I am a California sheriff, marshal. or constable and I certifY that the foreaoing is true and correct.

I declare under penalty of perjury that the foregoins is true and correct.
           Case 2:08-cv-08116-GAF-RZ                            Document 14-5           Filed 01/11/2009               Page 13 of 25

BRENTON L. HORNER (SBN 92399)
LISA A. GALLO (SBN 201909)
Horner & Associates
205 South Broadway, Suite                             905
Los Angeles, CA   90012
Telephone:  (213) 680-1716
Fax: (213) 680-1905
Email: bhornerlaWSaol.com

                                         UNITED STATES DISTRICT COURT
                                        CENTRAL DISTRICT OF CALIFORNIA
ALLIED ARTISTS INTERNATIONAL,                                  mc.,   a
Nevada COrDoration.


                                                                                             PROOF OF SERVICE
                                                                                          SUMMONS AND COMPLAINT
                                                                                       (Use 5epUBtc proor of service for each pasonIputy served)



I.   At the time ofservic:e Iwas at least 18 years of age and not a party to this aetionand           I served copies of the    (specifydocumenfs):
     a.   iii   swnmons                  ~       complaint                0   alias summons            0   first amended complaint
                                                                                                       o   second amended complaint
                                                                                                       o   third amended complaint

          o other (specify):
2. Person served:
   a. iii Defendant(name):             Jammie Padilla
     b.   0     Other (specify nome and title or relaJionship to the party/bUfiness       named):


     c.   Iil   AddR:sswberepapcrswereservcd:                  880 West   1st Street,           #306, L.A.,           CA 90012
3.   Manaer of Service in compliance with (the appropriate box must be checked):
     a. 0 Federal Rules of Civil Procedure
     b.   (XI   California Code ofCMI        Procedure

4.   I served the person named in Item 2:

     a.   Iil   By Penonal service. By personally delivering copies. If the person is a minor, by leaving copies with a parent, guardian.
                conservator or similar fiducialy and to the minor if at least twelve (12) years of age.

          I.    (XI   Papenwereservedoa(do/e):                 December 10, 2008              at(time): 2:45 p.m.

     b.   Ii1   By Substituted    service.   By leaving copies:                                                 "
          1.    0     (home) at the dwelling house. usual place ofabode. or usual place of business of the person served in the presence of a
                      competent member of the household, at least 18 years ofage. who was informed of the general nature of the papers.

          2.    iii   (business) or a person appuently in charge of the office of place of business, at least 18 years of age, who was infonned
                      of the general nature ofllie papers.

          3.    0     Papers were served             (dote):                                  at (time):
                                                OD
                                                               ----------                                  ------
          4.    riI   by mailing (byfirst-class mail. postage pmpo.id) copies to the person served in Item 2(b} at the place where the copies
                      were left in Item 2(c).

          5.    0     papen were maned on (date):
          6.    0     due diligence.
                                                               ----------
                                       I made at least three (3) attempts to personally serve the defendant.
              Case 2:08-cv-08116-GAF-RZ                  Document 14-5             Filed 01/11/2009           Page 14 of 25

     c.   0    Mall aDd ackaowledameat of 1I1'\I1&:e. By maUina (byfirst-class mall or airmail postage prepaid) copies to the person
               served. with two (2) copies ot1he fonn of Waiver of service of Summons and Complaint and a return envelope, postage
               prepaid addressed 10 the sender. (Attach completed Waiver of Service of Sum mOD and Complaint).
     d.   0    Service ODdomestic corporatloD, uDiDcorporated assocla.tiOD(iDcJudlDCpaJ1Dersbip). or public entity. (F.R.Civ.P,
               4(11» (C.C.P. 416.10) By deliverina, during usual business hours. a copy otthe summons and complaint to an officer. 8
               managing or general agent, or to any other agent authorized by appointment or by law to receive service ofproeess and. if the
               agent is one authorized by statute and the statute $0 requires, by also mailing. by first-class mail, postage prepaid. a copy l(]
               the defendant.
     e.   0    Substttllted sel'Y1ce011 domestic corporation, uDiDcorporated assoeiatiOD (lDcludiDI partaersbip), or public entity.
               (C.C.P. 415.20 ollly) By leaving during usual office hours, a copy of tho summons and complaint in the office ofthe person
               served with 1he person who apparently was in charge and thereafter by mailing (byprst..c!ass moil, postage prepaid) copies
               to the persons at the place where the copies were left in full compliance with C.C.P. 415.20. Substitute service upon the
               California Secretary of State requires a court order. (Attach 8 copy of the order to t.1I Proof of Service).
     f.   0    Service ODa fomp       corporation.   Tnany manner prescribed for individuals by FRCP 4(t).
     g.   0    Certified or.regi.stered maD service. 8y mailing to an address outside California (by jirsl.C!ass mail, postage prepaid.
               requiring a "rum m:eipl) copies to the person served. (Attae. signed return receipt or otber evidence of actual reeeipt
               by tbe penon served).

     h.   0    Other (specifY code section and type of service):

5.   Service upon the Valted States, aDd Its AleneltS, CorporatioDS or Officers.
     a.   0    by delivering a copy of the summons and complaint to the clerical employee desigrwed by the U.S. Attorney authorized to
               accept service, pursuant to the procedures for the Office orthe U.S. Attomey for acceptance of service, or by sending 8 copy
               of the summons and complaint by registered or certified mail addressed to 1he civil process clerk at the U.S. Attorneys
               Office.
               Name of person served:




     b.   0    By sending a copy of the summons and complaint by registered or certified mail to the Attorney General of me United Stales
               at Washington. D.C. (Attach slped returD receipt or other evidence ot actual neeipt by the person served).
     c.   0    By sending a copy of the summons and complaint by registered or certified mail to the officer, agency or corporation
               (Attach aped return receipt or other evidence of actual receipt by the person served).

6.   At the time of service I was at least 18 years of sae and not a party to this action.
7.   Person serving (name, address and telephone tnlmber):
                                                                                                         35
                                                                                  a. Fee for service: $ .•., • 00
                                                                                  b. 0 Not a registered california process server
                                                                                  c.   IKI   Exempt from registration under B&P 223SO{b)
                                                                                  d.   0     Registered California process server
Case 2:08-cv-08116-GAF-RZ        Document 14-5       Filed 01/11/2009     Page 15 of 25




STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
       I am a licensed California Private Investigator, in the employ of the Law Offices
of Horner and Associates; I am over the age of 18 and not a party to the within action; my
business address is 27627 Nugget Drive, #4, Santa Clarita, CA 91387-4256.
On the date indicated below, I served the foregoing document(s) described as:

SUMMONS AND COMPLAINT FOR TRADEMARK INFRINGEMENT; FALSE
DESCRIPTION; INJURY TO BUSINESS REPUTATION
 on all interested parties in this action by personally hand delivering a true and complete
copy of thereof to the following parties to the action:
ROBERT N. ROOKS; ALLIED ARTISTS PICTURES CORPORATION, a California
Corporation; ALLIED ARTISTS PICTURES CORPORATION, a Nevada Corporation;
DARRON CARR; CARLTON JINKENS; JAMMIE PADILLA; MARK NOLTE

[ X]   Substituted Service: Via In Person, Hand-Delivery, at the following location(s):

       [X]    880 West 1st Street, #306, Los Angeles, California 90012
              Date served: December 10,2008, Approx Time: 2:45 p.m., by serving the
              third floor receptionist "Laura", who stated that she was the receptionist
              for the defendants, called defendants' office in my presence and then
              informed me she was instructed to accept service.

       [ X]   I thereafter mailed (by ftrst class, postage prepaid) a copy to each of the
              defendants listed above on December 11. 2008, from the City of Industry,
              and have attached a photocopy of the envelopes used for those mailings.

     I declare under penalty of perjury that the above is true and correct. Executed on
December 11, 2008, at Los Angeles, California.



                                                       ~/
                                             ed Wolfson
                                          Internal Affairs, td
                                          Licens~d Investigator, CA PI Lie. #5759
Case 2:08-cv-08116-GAF-RZ   Document 14-5   Filed 01/11/2009   Page 16 of 25
Case 2:08-cv-08116-GAF-RZ   Document 14-5   Filed 01/11/2009   Page 17 of 25
Case 2:08-cv-08116-GAF-RZ   Document 14-5   Filed 01/11/2009   Page 18 of 25
Case 2:08-cv-08116-GAF-RZ                 Document 14-5              Filed 01/11/2009            Page 19 of 25




Track & Confirm

   Label/Receipt Number: 0301 012000051491 7503
   Status: Delivered

   Your item was delivered at 3:03 PM on December 13, 2008 in LOS
   ANGELES, CA 90012.




   ~~~Q~lJII~           .
   Track & Confirm by email
   Get current event information or updates for your item sent to you or others by email. (So»
Case 2:08-cv-08116-GAF-RZ                 Document 14-5               Filed 01/11/2009                Page 20 of 25




Track & Confirm

   Label/Receipt Number: 0301 0120000514922507
   Status: Delivered

   Your item was delivered at 1:37 PM on December 12, 2008 in LOS
   ANGELES, CA 90012.




   ~~~opti~s.
   Track & Confirm by email
   Get current event information or updates for your item sent to you or others by email.   (60 > )




                                                                                                        .1".
Case 2:08-cv-08116-GAF-RZ                 Document 14-5             Filed 01/11/2009             Page 21 of 25




Track &. Confirm

   Label/Receipt Number: 0301 0120000514922491
   Status: Delivered

   Your item was delivered at 1:37 PM on December 12, 2008 in LOS
   ANGELES, CA 90012.




   Track & Confirm byemail
   Get current event information or updates for your item sent to you or others by email. (Go»
Case 2:08-cv-08116-GAF-RZ                 Document 14-5              Filed 01/11/2009             Page 22 of 25




Track & Confirm

   Label/Receipt Number: 0301 0120000514905432
   Status: Delivered

   Your item was delivered at 1:37 PM on December 12, 2008 in LOS
   ANGELES, CA 90012.




   ~Q~pti~.
   Track & Confirm   by emall
   Get current event information or updates for your item sent to you or others by email. (8fI»
Case 2:08-cv-08116-GAF-RZ                  Document 14-5              Filed 01/11/2009                                   Page 23 of 25




Track & Confirm

   Label/Receipt Number: 0301 0120000514922484
   Status: Delivered

   Your item was delivered at 1:37 PM on December 12, 2008 in LOS
   ANGELES, CA 90012.




   Track & Confirm by email
   Get current event information or updates for your item sent to you or others by email. (,.                   >)




                                                                                     it:.>;f   i, c· 1 :I~j~:~i
                                                                                                             ~i:
                                                                                     " 1~1'/1li;;,~-, .:'
                                                                                                   ;;         I:I'J:';
Case 2:08-cv-08116-GAF-RZ                  Document 14-5              Filed 01/11/2009               Page 24 of 25




Track It Confirm

   Label/Receipt Number: 0301 0120000514922477
   Status: Delivered

   Your item was delivered at 1:37 PM on December 12, 2008 in LOS
   ANGELES, CA 90012.




   Track & Confirm by email
   Get current event information or updates for your item sent to you or others by email. (,.   >)
Case 2:08-cv-08116-GAF-RZ                  Document 14-5              Filed 01/11/2009             Page 25 of 25




Track & Confirm

   Label/Receipt Number: 0301 0120000514922460
   Status: Delivered

   Your item was delivered at 1:37 PM on December 12, 2008 in LOS
   ANGELES, CA 90012.




   Track & Confirm by em ail
   Get current event information or updates for your item sent to you or others byemail.   (60))
     Case 2:08-cv-08116-GAF-RZ         Document 14-6    Filed 01/11/2009    Page 1 of 2



1       BRENTON L. HORNER (SBN 92399)
        LISA A. GALLO (SBN 201909)
2       Horner & Associates
        205 South Broadway, Suite 905
3       Los Angeles, CA 90012
        Telephone: (213) 680-1716
4       Fax: (213) 680-1905
        Email: bhornerlaw@aol.com
5

6       Attorneys for Plaintiff
        Allied Artists International, Inc.
7

8

9                                  UNITED STATES DISTRICT COURT

10                               CENTRAL DISTRICT OF CALIFORNIA

11

12      ALLIED ARTISTS INTERNATIONAL,                  Case No. CV08-08116-GAF(RZx)
        INC., a Nevada Corporation,
13

14                            Plaintiff,               CERTIFICATE OF SERVICE RE:
                                                       PLAINTIFF ALLIED ARTISTS
15             vs.                                     INTERNATIONAL, INC'S REQUEST
                                                       TO ENTER DEFAULT
16      ROBERT N. ROOKS; ALLIED ARTISTS
        PICTURES CORPORATION, a California
17
        Corporation; ALLIED ARTISTS PICTURES
18      CORPORATION, a Nevada Corporation;
        DARRON CARR; CARLTON JINKENS;
19      JAMMIE PADILLA; MARK NOLTE ; and
        JOHN DOES 1-15, Inclusive,
20

21                        Defendants.
        _______________________________________
22

23

24

25

26

27

28
                                               1
         ____________________________________________________________________________
                 DECLARATION IN SUPPORT OF PLAINTIFF ALLIED ARTISTS INTERNATIONAL, INC.'S
                                      REQUEST TO ENTER DEFAULT
     Case 2:08-cv-08116-GAF-RZ          Document 14-6         Filed 01/11/2009       Page 2 of 2



1                                        CERTIFICATE OF SERVICE

2       STATE OF CALIFORNIA                    )
                                               )      ss.
3       COUNTY OF LOS ANGELES                  )
4              I am in the employ of the Law Offices of Horner and Associates; I am over the age of 18
        and not a party to the within action; my business address is 205 South Broadway, Suite 905, Los
5       Angeles, California 90012.
6       On the date indicated below, I served the foregoing document(s) described as:
7       ALLIED ARTISTS INTERNATIONAL, INC.'S REQUEST TO ENTER DEFAULT
8       on all interested parties in this action by placing a true copy thereof enclosed in separate sealed
        envelopes addresses as set forth below:
9
        Robert N. Rooks                                     Allied Artists Pictures Corporation
10      880 West 1st Street                                 A California Corporation
        Los Angeles, California 90012                       880 West 1st Street
11                                                          Los Angeles, California 90012
12      Allied Artists Pictures Corporation                 Darron Carr
        A Nevada Corporation                                880 West 1st Street
13      880 West 1st Street                                 Los Angeles, California 90012
        Los Angeles, California 90012
14
        Carlton Jinkens                                     Jammie Padilla
15      880 West 1st Street                                 880 West 1st Street
        Los Angeles, California 90012                       Los Angeles, California 90012
16
        Mark Nolte
17      880 West 1st Street
        Los Angeles, California 90012
18
        [ X ] (BY U.S. MAIL) I am "readily familiar" with the firm's practice of collection and
19      processing correspondence for mailing. Under that practice it would be deposited with the U.S.
        Postal Service on that same day with postage thereon fully prepaid at Los Angeles, California in
20      the ordinary course of business. I am aware that on motion of the party served, service is
        presumed invalid if postal cancellation date or postage meter date is more than one day after date
21      of deposit for mailing in affidavit.
22      [ ] (BY OVERNIGHT DELIVERY) I caused personal delivery of the document(s) listed
        above, by placing the true copies in separate envelopes for each addressee, with the name and
23      address of the person shown on the envelope and by sealing the envelope and placing it for
        collection and delivery fees paid or provided for in accordance with ordinary business practices.
24
                I declare under penalty of perjury that I am employed in the office of a member of the bar
25      of this Court at whose direction this service was made.
26
        Executed on January 12, 2008, at Los Angeles, California.
27
                                                              _______________________________
28                                                                    Sergio D. Ramos
                                              2
         ____________________________________________________________________________
                 DECLARATION IN SUPPORT OF PLAINTIFF ALLIED ARTISTS INTERNATIONAL, INC.'S
                                      REQUEST TO ENTER DEFAULT

				
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