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GRADSTEIN & MARZANO, P.C.
HENRY GRADSTEIN (State Bar No
hgradstein@gradstein.com
MARYANNR. MARZANO (State Bar
mmarzano@gradstein.com
HARVEY W^ GELLER (State Bar No
hgeller@gradstein.com
6310 San Vicente Blvd., Suite 510
Los Angeles, California 90048
Telephone: 323-776-3100
89747)
No. 96867)
123107)
en n
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EVAN S. COHEN (State Bar No. 119^01)
esc@manifesto.com
1180 South Beverly Drive, Suite 510
Los Angeles, California 90035
Telephone: 310-556-9800 Facsimile:
Attorneys for Plaintiff
FLO & EDDIE, INC.
310-556-9801
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UNITED STATES DISTRICT COURT
CENTRAL DIST *ICT OF CALIFORNIA
FLO & EDDIE INC., a California ,
corporation, individually andon behal:
of all others similarly situated,
Plaintiff,
U CV14 07 648-o*aKH*)
Case No
V.
PANDORA MEDIA, INC, a Delaware
corporation; and DOES 1 through 100
Defendants.
CLASS ACTION COMPLAINT
1. VIOLATION OF CALIFORNIA
CIVIL CODE 980(a)(2);
2. MISAPPROPRIATION;
3. VIOLATION OF CALIFORNIA
BUSINESS AND PROFESSIONS
CODE 8 17200; and
4. CONVERSION
DEMAND FOR JURY TRIAL
ACTION COMPLAINT
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Plaintiff Flo & Eddie, Inc. ("Flo
of all other similarly situated owners o
allege as follows:
& Eddie"), on behalf of itself and on behalf
?sound recordings, hereby complain and
PRELIMIN^ iRY STATEMENT
1. Defendant Pandora Medk
operators of an internet radio service i
music experience for each of its 200
whenever they want to listen to radio
traditional computers, car audio systenjis
devices" (the "Music Service").
2. Although Pandora readily
stream music content over the internet
royalties to, copyright owners of both
nevertheless chose not to obtain licenses
owners, namely, owners of sound
were fixed (i.e., recorded) prior to
3. Pre-1972 recordings
industry. From Tin Pan Alley to the
recordings have defined generations
such as The Turtles, Nat King Cole,
Beatles.
4. Pandora fully understand >
business but has ignored the obligation
Instead, Pandora has simply chosen to
recordings to its servers and transmit
of users on a daily basis without any
handsomely from its exploitation o
fees to its users and by selling
, Inc. ("Pandora") is one of the leading
the United States, offering a personalized
million registered users "wherever and
a wide range of smart phones, tablets,
and a range of other internet-connected
111
en
acknowledges that to "secure the rights to
[it] must obtain licenses from, and pay
sound recordings and musical works," it
from one large category of copyright
ings of musical performances that initially
15, 1972 ("pre-1972 recordings"),
the historical backbone ofthe music
ig Band era to the Summer of Love, those
include the recordings of legendary artists
Williams, Billie Holliday, and The
recordin
February
comprise
Bi
and
Hank
the value of pre-1972 recordings to its
to obtain licenses to exploit those recordings,
copy tens of thousands of pre-1972
^nd perform them via streaming to its millions
authorization whatsoever. Pandora profits
1972 recordings by charging subscription )fpre
advertisements.
CLASS A ZTION COMPLAINT
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5. Because Pandora has choslen
licenses for pre-1972 recordings, Pandora
violation of California Civil Code
California Business & Professions
unauthorized reproduction, distributior
THE
Flo & Eddie is a
^A
98 0(.
to operate the Music Service without
is now liable under California law for
a)(2), misappropriation, violation of
17200, and conversion for its
, and public performance of those recordings.
PARTIES
Code
6. corporation duly organized and existing under the
ace of business in Los Angeles, California,
ioward Kaylan and Mark Volman, two of the
popular band The Turtles. The Turtles are
influential bands ofthe 1960s and are notable
"It Ain't Me Babe," "You Baby," "Happy
"Elenore," and "You Showed Me."
, Flo & Eddie acquired the exclusive
ings, the titles of which are specified on the
herein by reference ("The Turtles'
laws of California, with its principal pi
7. Flo & Eddie is owned by
founding members of the enormously
widely recognized as one of the most i
for their string of Top40 hits, including
Together," "She'd Rather Be With Me
8. Through a series of
ownership in all of The Turtles' Recor<Hin
attached Schedule "A" and incorporatejd
Recordings").
9. Flo & Eddie has been and
distributing, selling, and/or licensing
performance of The Turtles' Recordin:
and for streaming (i.e., performing)
10. Pandora is a corporation
Delaware, with its principal place
Monica, California. Pandora owns anc
designed to deliver uninterrupted, high
customized to its users' preferences
11. The true names and
or otherwise, of Defendants named herein
'transactions
continues to be engaged in the business of
reproduction, distribution, sale, and
s including in records, audiovisual works,
downloading over the Internet.
uly organized and existing under the laws of
in Oakland, California, and Santa
operates the Music Service which it
quality streams of music tailored and
capacjities, whether individual, corporate, associate
as Does 1 through 100, inclusive, are
the
and
of business
CLASS ACTION COMPLAINT
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unknown to Flo & Eddie who therefore sues said Defendants by such fictitious
names. Flo & Eddie will amend this Complaint to allege their true names and
capacities when such have been ascertained. Upon information and belief, each of
the Doe defendants herein is responsible in some manner for the occurrences herein
alleged, and Flo &Eddie's injuries asIjierein alleged were proximately caused by
such defendants' acts or omissions.
12. Flo &Eddie is informed ajnd believes, and on that basis alleges, that at
all times mentioned in this complaint, Pandora and each of the Doe Defendants was
the agent of each other and, in doing the things alleged in this complaint, was acting
within the course and scope of such agi jncy.
JURISDICT ION AND VENUE
13. Jurisdiction exists pursuant to 28 U.S.C. 1332(d)(2) because the
matter in controversy exceeds the sum
and costs), is a class action in which a
or value of $25 million (exclusive of interest
nember of a class of plaintiffs is a citizen of a
state different from Pandora, and the njimber ofmembers ofthe proposed class
exceeds 100.
14. This Court has personal ji risdiction over Pandora because: (a) Pandora
is located and has its principal place of business in California, (b) Pandora is
engaged in tortious conduct in California by publicly performing, reproducing, and
distributing pre-1972 recordings within the state, and (c) Pandora's conduct causes
injury to Flo & Eddie and the class anc their intellectual property in California.
15. Venue in this District exists pursuant to 28 U.S.C. 1391(b) and (c)
to personal jurisdiction in this District and
or omissions giving rise to the claims
because Pandora resides and is subject
because a substantial part of the events
occurred in this District.
FACTS COMMON TO ALL CLAIMS FOR RELIEF
16. The Music Service is provided by Pandora to paying and non-paying
members of the public in California and elsewhere and delivers and streams music
CLASS ACTION COMPLAINT
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through its website (www.pandora.con
downloadable Android and iOS App
publicly performs, reproduces, and
17. According to Pandora, as
200 million registered users and "more
top 20 stations and networks in the
2013 alone, Pandora streamed 15.31 bi
18. Pandora understands that
critical to the success of any music sen
constitute a significant part of the Music
stations dedicated to pre-1972 recordin
Oldies," "Motown," "Doo-Wop," "70s
Soul," "Jam Bands," and "Classic Rock
to establish and increase its user base,
19. Flo & Eddie is informed
order to populate the Music Service's
recordings to the public, Pandora has
reproduce and copy pre-1972 recordings
storage devices, and uses technology or
recordings being distributed to its users
20. Pandora is aware that it
reproduce, perform, distribute or
1972 recordings (including The Turtles
of the recordings its reproduces,
Music Service are pre-1972 recordings
biographical information about each
the pre-1972 recordings that it is
exploiting, but Pandora analyzes each
) and to smart phones and tablets through its
jjVmong the sound recordings that Pandora
are The Turtles' Recordings.
fyf December 31, 2013, it had more than
than a 70% share of internet radio among the
States." In the first eleven months of
lion hours of radio time,
leaving a vast range and array of music is
ice which is why pre-1972 recordings
Service. Pandora offers and advertises
is, such as "50s Rock 'n' Roll," "60s
Folk," "Early Jazz," "Standards," "Classic
Pandora promotes these stations in order
popularity, and revenue.
believes, and on that basis alleges, that in
databases and in order to stream musical
uced and copied and continues to
, including to one or more servers and
systems that results in a copy of pre-1972
' computers or storage devices.
not have any license, right, or authority to
exploit via the Music Service any pre-
' Recordings). Pandora is also aware which
, distributes or otherwise exploits via the
Not only does Pandora provide
and the artwork for the albums containing
ing, performing, distributing or otherwise
individual songthat it streams. Pandora
United
reprodi
does
otherwise
performs
arlist
reproc ucin
CLASS ACTION COMPLAINT
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boasts of its "Music Genome Project'
uniquely analyzed songs from over 10C
sub-genres, which we develop one son^;
song's particular attributes." As
"We believe that each i
music - no one else has
great radio experience to
incredibly broad and deep
Pandora is based on the
sophisticated taxonomy
represents over ten years
musicologists, and spans
new releases all the way
music."
21. Pandora's entire business
selling the music itself. Pandora does
advertisements to its users in between
actually playing. In addition, for a
service called "Pandora One," which is
CLASS
22. Flo & Eddie brings this ac

tiat consists of "a database of over 1,000,000

,000 artists, spanning over 500 genres and
at a time by evaluating and cataloging each
states on its website:
individual has a unique relationship with
tafctes exactly like yours. So delivering a
and every listener requires an
understanding of music. That's why
Music Genome Project, the most
of] musical information ever collected. It
o|f analysis byour trained team of
rything from this past Tuesday's
to the Renaissance and Classical
Pandora
behalf of all other similarly situated owners
recordings were reproduced, performed
Pandora via the Music Service in
and defined as follows:
All owners of sound recordlin
initially were "fixed" (i.e.,
which sound recordings were
each
ever
back
is built around selling access to music and
lis in two ways. Pandora delivers audio
gs and displays visual ads while music is
moijthly fee of $4.99, Pandora offers a premium
advertisement free.
ACTION ALLEGATIONS
ion on behalf of itself individually and on
of Pre-1972 recordings, which
, distributed or otherwise exploited by
California. The proposed class is comprised of
gs of musical performances that
recorded) prior to February 15, 1972,
reproduced, performed, distributed
6
CLASS ACTION COMPLAINT
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and/or otherwise exploited
California.
23. This action may be proper
because there is a well-defined
members of the proposed class are
24. The class for whose benefit
joinder of all class members is
that there are hundreds or thousands
can be readily ascertained from the
discovery. The class members can be
25. The claims of Flo & Eddie
the class, and Flo & Eddie's interests
those of the other class members it
of the class have sustained actual
out of Pandora's continued course
26. Flo & Eddie have no i
with, the interests of the absent members
adequately represent and protect the
raised viable statutory, misappropriatioiji
claims of the type reasonably expected
will vigorously pursue those claims. If
the Court to amend this Complaint to
represent the class or additional claims
represented by experienced, qualified
prosecuting this action.
27. Common questions of fact
that predominate over any questions aff
These common legal and factual
by Pandora via the Music Service in
y brought and maintained as a class action
commui|iity of interest in the litigation and the
and easily ascertainable and identifiable,
this action is brought is so numerous that
impracticable. Flo &Eddie is informed and believes
of plass members and that those class members
Pandora's database files and records and
readily located and notified of this action,
are typical ofthe claims of the members of
consistent with and not antagonistic to
to represent. Flo & Eddie and all members
pecuniary loss and face irreparable harm arising
of cclnduct as complained of herein,
interests that are adverse to, or which conflict
of the class and are able to fairly and
interests of such a class. Flo & Eddie has
, unfair business practices, and conversion
;obe raised by members of the class, and
necessary, Flo & Eddie may seek leave of
injclude additional class representatives to
is may be appropriate. Flo & Eddie is
ajid competent counsel who arecommitted to
clea-ly
aie
seeks
and law exist as to all members of the class
acting only individual members of the class,
questions, which do not vary from class member to
CLASS ACTION COMPLAINT
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class member, and which may be
circumstances of any class member inc
(A) Whether Pandora
otherwise exploited via the Musi
(B) Whether Pandora's
other exploitation via the Music
constitutes a violation of California
(C) Whether Pandora's
other exploitation via the Music
constitutes an unfair business
Professions Code 17200;
(D) Whether Pandora's
other exploitation via the Music
constitutes misappropriation;
(E) Whether Pandora's
other exploitation via the Music
constitutes conversion;
(F) The basis and
and/or restitution and disgorgement
(G) Whether, pursuant
guilty of oppression, fraud, or
class to an award of punitive
(H) Whether Pandora's
members of the class to injunct
28. A class action is superior
efficient adjudication of this controversy
all class members is impracticable. The
Class may range from smaller sums to
^m
determined without reference to the individual
ude, without limitation, the following:
reproduced, performed, distributed or
: Service pre-1972 recordings in California;
^production, performance, distribution or
^ervice ofpre-1972 recordings in California
Civil Code 980(a)(2);
reproduction, performance, distribution or
Service of pre-1972 recordings in California
practice in violation of California Business &
^production, performance, distribution or
!Service of pre-1972 recordings in California
^production, performance, distribution or
!service of pre-1972 recordings in California
method for determining and computing damages
to California Civil Code 3294, Pandora is
malice thereby entitling the members of the
danhages; and
conduct is continuing thereby entitling the
or other relief.
other available methods for the fair and
since individual litigation of the claims of
claims of the individual members of the
arger sums. Thus, for those class members
8
tive
to
CLASS ACTION COMPLAINT
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with smaller claims, the expense and biirden
pursuing the claims individually. And
afford to pursue individual litigation,
unduly burdensome to the courts in which
would proceed. Individualized litigatioh
varying, inconsistent, or contradictory j)ud
expense to all parties and to the court system
same factual issues. By contrast, the
presents few management difficulties,
the court system, and protects the right:
anticipates no difficulty in the management
FIRST CLAIM

of individual litigation may not justify

ven if every member of the class could
Court system could not. It would be
individual litigation of numerous cases
would also present the potential for
gments and would magnify the delay and
resulting from multiple trials of the
maintenance ofthis action as a class action
conserves the resources of the parties and of
of each member of the class. Flo & Eddie
of this action as a class action.
FOR RELIEF
the
(For Violation of Calif Drnia
As Against
ia Civil Code 980(a)(2)
All Defendants)
29. Flo & Eddie hereby incorporates
paragraphs 1 through 28 above, as though
30. Pursuant to California Civil
members of the class possess exclusive
Recordings, including the artistic perfoi[mances
31. Through its unauthorized
other exploitation via the Music Servic^
Turtles' Recordings) in California, Pandiora
interests in and to the pre-1972 recordir
980(a)(2).
32. As a direct and proximate
California Civil Code 980(a)(2), Pandora
value that rightfully belongs to Flo & Ekldie
33. As a direct and proximate
California Civil Code 980(a)(2), Flo
the allegations set forth above in
fully set forth herein.
Code 980(a)(2), Flo & Eddie and the
ownership interests in and to the pre-1972
embodied in those recordings,
reproduction, performance, distribution, or
of pre-1972 recordings (including The
has infringed the exclusive ownership
gs in violation of California Civil Code
consequence of Pandora's violation of
has received and retained money and
and the members ofthe class.
consequence of Pandora's violation of
Eddie and the members of the class have
9
11
CLASS AC ION COMPLAINT
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c
been damaged in an amount that is not
Eddie is informed and believes exceeds
34. Pandora's conduct is causii
this Court will continue to cause, Flo &
and irreparable injury that cannot fully
& Eddie and each member of the class
Eddie and each member of the class are
permanent injunctions, prohibiting further
& Eddie and each member of the class
SECOND CLAIM
as yet fully ascertained but which Flo &
$25 million.
g, and unless enjoined and restrained by
Eddie and each member of the class great
?e compensated or measured in money. Flo
have no adequate remedy at law. Flo &
entitled to temporary, preliminary and
violation of the ownership interests of Flo
ijn the pre-1972 recordings.
FOR RELEIF
(For
As Against
35. Flo & Eddie hereby i
paragraphs 1 through 28 above, as thoukh
36. Pursuant to California Civi 1
law, Flo &Eddie andthe members of tike
interests in andto the pre-1972 Recordi^i
embodied in those recordings.
37. Flo & Eddie and its pred
and money in developing The Turtles'
38. Because Pandora does not
costs that a licensee is otherwise oblig;
distribute or otherwise exploit via the
The Turtles' Recordings).
39. Pandora has misappropriated
own commercial benefit, the exclusive
recordings reproducing, performing,
Music Service pre-1972 recordings (i
Mis: ippropriation)
All Defendants)
incorporates the allegations set forth above in
^h fully set forth herein.
Code 980(a)(2) and California common
class possess exclusive ownership
gs, including the artistic performances
edessors in interest invested substantial time
Recordings.
obtain licenses, it does not incur any of the
to pay in order to reproduce, perform,
Music Service pre-1972 recordings (including
CLASS AC
, and continues to misappropriate, for its
ownership interests in and to the pre-1972
distributing or otherwise exploiting via the
(including The Turtles' Recordings).
10
ION COMPLAINT
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40. As a direct and proximate
Pandora has received and retained
Eddie and the members of the class.
41. As a direct and proximate
Flo & Eddie and the members of the
not as yet fully ascertained but which F
$25 million.
42. Flo & Eddie is informed
engaging in the conduct described herein
and/or malice. The conduct of Pandora
conscious disregard of the rights of Flo
Accordingly, Flo & Eddie and each mehiber
punitive damages against Pandora in an
example of it.
43. Pandora's conduct is causih
this Court, will continue to cause, Flo
and irreparable injury that cannot fully
& Eddie and each member of the class
Eddie and each member of the class are
permanent injunctions, prohibiting furtlier
& Eddie and each member of the class
THIRD CLAIM
consequence of Pandora's misappropriation,
mony and value that rightfully belongs to Flo &
consequence of Pandora's misappropriation,
have been damaged in an amount that is
o & Eddie is informed and believes exceeds
ckss
and believes, and on that basis alleges, that in
, Pandora acted with oppression, fraud
has been despicable and undertaken in
& Eddie and each member of the class.
of the class are entitled to an award of
amount sufficient to punish and make an
&:
g, and unless enjoined and restrained by
; Eddie and each member of the class great
3e compensated or measured in money. Flo
lave no adequate remedy at law. Flo &
entitled to temporary, preliminary and
violation of the ownership interests of Flo
in the pre-1972 recordings.
FOR RELEIF
(For Unfair
As Against
44. Flo &Eddie hereby incorporates
paragraphs 1 through 28 above, as though
45. Pursuant to California Civil
law, Flo & Eddie and the members of the
Ipusiness Practices)
All Defendants)
11
the allegations set forth above in
fully set forth herein.
Code 980(a)(2) and California common
class possess exclusive ownership
CLASS AC TON COMPLAINT
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o
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gs, including the artistic performances interests in and to the pre-1972 Recordip:
embodied in those recordings.
46. Pandora's conduct in reprcjdu
exploitation via the Music Service pre
Recordings) constitutes a misappropriation
each member of the class in the pre-19
Civil Code 980(a)(2).
47. By misappropriating the
member of the class in the pre-1972
Code 980(a)(2), Pandora has engaged
California Business & Professions Code
48. As a direct and proximate
Business & Professions Code 17200,
and value that rightfully belongs to Flo
49. As a direct and proximate
each member of the class are entitled tc
California Business & Professions Cod 2
fully ascertained but which Flo & Eddio
million.
50. Flo & Eddie is informed
engaging in the conduct described herein
and/or malice. The conduct of Pandora
conscious disregard of the rights of Flo
Accordingly, Flo & Eddie and each
punitive damages against Pandora in an
example of it.
51. Pandora's conduct is
this Court, will continue to cause, Flo &
cing, performing, distributing, or other
972 recordings (including The Turtles'
of the property rights of Flo & Eddie and
2 recordings and a violation of California
property rights of Flo & Eddie and each
recordings and by violating California Civil
in unfair business practices in violation of
17200.
;onsequence of its violation of California
Pandora has received and retained money
& Eddie and the members of the class,
result of Pandora's conduct, Flo & Eddie and
restitution and disgorgement under
17200 in an amount that is not as yet
is informed and believes exceeds $25
ajidbelieves, and on that basis alleges, that in
, Pandora acted with oppression, fraud
has been despicable and undertaken in
& Eddie and each member of the class,
meknber of the class are entitled to an award of
amount sufficient to punish and make an
causing, and unless enjoined and restrainedby
Eddie and each member of the class great
12
CLASS ACTION COMPLAINT
- uj o o
2? w < ?
N o o: P-
QC > O is.
< CO -ii CO
SPcJco
^z
Z O LU g
HI > uj X
F 1 g uj
Ww< ui
9 o CO H
O
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
o
and irreparable injury that cannot fully
& Eddie and each member of the class
Eddie and each member of the class are
permanent injunctions, prohibiting furtlier
& Eddie and each member of the class
FOURTH CLAIM
^B
3e compensated or measured in money. Flo
lave no adequate remedy at law. Flo &
entitled to temporary, preliminary and
violation of the ownership interests of Flo
in the pre-1972 recordings.
FOR RELIEF
(For
As Against
Conversion)
All Defendants)
52. Flo & Eddie hereby i
paragraphs 1 through 28 above, as
53. Pursuant to California Civ
law, Flo & Eddie and the members of tike
interests in andto the pre-1972 Recordijn
embodied in those recordings.
54. By reproducing, performiri
the Music Service pre-1972 recordings
Pandora has converted for its own use
property rights inthe pre-1972 recordirj;
property rights.
55. As a direct and proximate
received and retained money and value
the members of the class.
56. As a direct and proximate
Eddie and the members of the class ha\
yet fully ascertained but which Flo &
million.
57. Flo & Eddie is informed
engaging in the conduct described herein
and/or malice. The conduct of Pandora
though
aid
ncorpjorates the allegations set forth above in
fully set forth herein.
1Code 980(a)(2) and California common
class possess exclusive ownership
gs, including the artistic performances
g, distributing or otherwise exploiting via
(including The Turtles' Recordings),
Flo & Eddie and each member of the class's
gs and has dispossessed each of their of
consequence of its conversion, Pandora has
that rightfully belongs to Flo & Eddie and
consequence of Pandora's conversion, Flo &
e been damaged in an amount that is not as
Fjddie is informed and believes exceeds $25
believes, and on that basis alleges, that in
in, Pandora acted with oppression, fraud
has been despicable and undertaken in
13
CLASS AC HON COMPLAINT
d o
n' -r- 00
0- in -<*
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CC > O r-
< m -. co
2^ 0 Z . ill
t. Vi <o z
m > ill i
F z O ffc
Ww< ui
Qo gH
(2 co -I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
conscious disregard of the rights of Flo
Accordingly, Flo & Eddie and each mejnber
punitive damages against Pandora in an
example of it.
58. Pandora's conduct is causib
this Court, will continue to cause, Flo
and irreparable injury that cannot fully
& Eddie and each member of the class
Eddie and each member of the class are
permanent injunctions, prohibiting furtllier
& Eddie and each member of the class
i^S
& Eddie and each member of the class.
of the class are entitled to an award of
amount sufficient to punish and make an
&:
g, and unless enjoined and restrained by
: Eddie and each member of the class great
3e compensated or measured in money. Flo
lave has no adequate remedy at law. Flo &
entitled to temporary, preliminary and
violation of the ownership interests of Flo
:.n the pre-1972 recordings.
PRAYER
WFIEREFORE, Flo & Eddie, on
class, prays for Judgment against
them, as follows:
A. Determining that this is a
Rule 23 of the Federal Rules Civil
representative, and Flo & Eddies'
B. On all claims except for
Code 17200, compensatory damages
C. On the claim for violation
17200, restitution and disgorgement
excess of $25 million.
D. On the second, third, and
damages according to proof at trial.
E. On all claims, a temporary
enjoining and restraining Pandora, and
officers, principals, employees,
behalf of itself and all other members of the
Pandora and the Doe defendants, and each of
proper class action maintainable pursuant to
Procedure, and certifying Flo & Eddie as class
counkel as class counsel.
violation of California Business & Professions
in excess of $25 million according to proof;
of California Business & Professions Code
ofIPandora's unlawful proceeds and revenues in
fourth claims, punitive and exemplary
, preliminary, and permanent injunction
their respective agents, servants, directors,
representatives, subsidiaries and affiliated
14
CLASS ACTION COMPLAINT
6 o
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rf co < <?
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a>os
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2uj<S
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F I g uj
W<3< ui
< t- o
r? co _i
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
O
01
those companies, successors, assigns, and
direction, from infringing, misappropri^t
California the exclusive ownership i
including the artistic performances
limitation by directly or indirectly
otherwise exploiting via the Music
F. On all claims, pre- and
G. For such fees and costs
herein as permitted by law.
H. For such other and further
acting in concert with them or at their
ing, or converting, directly or indirectly, in
intejrests in and to the pre-1972 Recordings,
embodied in those recordings, includingwithout
ucing, performing, distributing, or
ice the pre-1972 recordings,
judgment interest,
(including reasonable attorneys' fees) incurred
DATED: October 1,2014
reprodi
Service
po:;t
relief as the Court deems just and proper.
GRADSTEIN & MARZANO, P.C.
Henry Gradstein
Mayann R. Marzano
Haivey W. Geller
By:
Henry Gradstein
Attorneys for Plaintiff
FLO & EDDIE, INC.
15
CLASS ACTION COMPLAINT
O o
t- CO
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o
uj S o
2 5 > --
- co < <?
in i
CO 3 CO
t 3 ' SJ
UJ > UJ J
f i o a
W< ui
O o CO H
x- O
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
&
DEMAND TOR JURY TRIAL
Plaintiff Flo &Eddie, Inc. demands atrial by jury ofthe claims alleged in this
Complaint.
DATED: October 1,2014
GRADSTEIN & MARZANO, P.C.
He lry Gradstein
Maryann R. Marzano
Ha-vey W. Geller
By
16
Henry Gradstein
Attorneys for Plaintiff
FLO & EDDIE, INC.
CLASS AC riON COMPLAINT
UNITEDSTATES DISTRICTCOURT, CENTRAL DISTRICTOFCALIFORNIA
CIVIL COVEF SHEET
I. (a) PLAINTIFFS ( Check box if you are representing yourself Q )
FLO &EDDIE, INC., a California corporation, individually and on behalf of all others
similarly situated
(b)County of Residenceof First Listed Plaintiff Los Angeles
(EXCEPTINU.S.PLAINTIFF CASES)
(c) Attorneys [Firm Name, Address and Telephone Number) If you are
representing yourself, provide the same information.
GRADSTEIN &MARZANO, P.C; HenryGradstein, SBN 89747
Maryann R. Marzano, SBN 96867; HarveyGeller,SBN 123107
6310 San Vicente Blvd., Suite 510, LosAngeles, California90048; (323) 776-3100
Dl FENDANTS ( Check box if you are representing yourself Q]
PAiNDORA MEDIA, INC., a Delaware corporation; and DOES 1through100
County of Residence of First Listed Defendant
(INU.S. PLAINTIFF CASES ONLY)
At orneys {Firm Name, Address and Telephone Number) Ifyou are
representing yourself, provide the same information.
II. BASIS OFJURISDICTION (Place an Xinone boxonly.) III. CITIZENSHIP
(Place
Citizen of
Citizen of Ahothei
OFPRINCIPAL PARTIES-For Diversity Cases Only
an Xin one box for plaintiff and one for defendant)
PTF DEF . . . . . .
Incorporated or Principal Place
of Business in this State
I 11. U.S. Government
Plaintiff
| | 2. U.S. Government
Defendant
Q 3. Federal Question (U.S.
Government Not a Party)
[x] 4. Diversity (Indicate Citizenship
ofParties in Item III) qapa
f Tit is State
r State
Subject ofa Citizen or
ForeignCoikntry
2
3
H 1
2
Incorporated and Principal Place
of Business in Another State
| | 3 ForeignNation
IV. ORIGIN (Place an Xin one box only.)
rrri 1.Original . 2.Removed from |,
^ Proceeding I' State Court II
3. Remanded from
Appellate Court
4. Reinsta :ed or
Reopen sd
5. Transferred from Another
District (Specify)
6. Multi-
I I District
Litigation
V. REQUESTED IN COMPLAINT: JURY DEMAND: [x] Yes No
CLASS ACTION under F.R.Cv.P. 23: [x]Yes No [x
(Check "Yes" only if demanded in complaint.)
MONEY DEMANDED IN COMPLAINT: $ 25 Million
PTF
4
5
6
OEF
4
5
6
VI. CAUSE OFACTION (Cite the U.S. Civil Statute under which you arefiling andwrit
Class actioncomplaint based on diversityarisingunder 28 U.S.C. 1332(d)(2) - damages in
recordings fixedprior to February15,1972, under California statutory and common law.
; a briefstatement of cause. Donot citejurisdictional statutes unlessdiversity.)
excess of $5 million and over 100class members -- for violation of rightsinsound
VII. NATUREOFSUIT (Placean Xin one box only).
<WB|SrpWEEj
375 FalseClaims Act
|I 400 State
I' Reapportionment
410 Antitrust
Q 430 Banks and Banking
450 Commerce/ICC
Rates/Etc.
[J 460 Deportation
470 Racketeer Influ-

enced &Corrupt Org.

| | 480 Consumer Credit
490 Cable/Sat TV
850 Securities/Com-

modities/Exchange
iI 890 Other Statutory
'I Actions
891 Agricultural Acts
893 Environmental
Matters
895 Freedom of Info.
Act
896 Arbitration
899 Admin. Procedures
Act/Reviewof Appeal of
Agency Decision
950 Constitutionality of
State Statutes
CONTRACT
Q 110Insurance
Q 120Marine
130Miller Act
iI 140 Negotiable
'I Instrument
150 Recovery of
m Overpayments
Enforcement of
Judgment
151 Medicare Act
152 Recovery of
Defaulted Student
Loan (Excl. Vet.)
153 Recovery of
| | Overpayment of
Vet. Benefits
rI 160 Stockholders'
LJ Suits
rn 190 Other
Contract
r| 195Contract
L-1 Product Liability
196Franchise
REAL PROPERTY
REAtPRQPEirnfeowr.
240Tortsto Land
Q 245Tort Product
Liability
Q 290All OtherReal
Property
TORTS
PERSONAL INJURY

310 Airplane
315 Airplane
Product Liability
320 Assault, Libel &
Slander
330 Fed. Employers'
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury-
Med Malpratice
365 Personal Injury-
Product Liability
367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
368 Asbestos
Personal Injury
Product Liability
WHUGRATtON
462
App
465
Naturalization
ication
)ther
ration Actions Imm g
TORTS
PROPERTY PEBSOUAL
370Other Fraud
Q 371 truth in Lending
380 Jther Personal
Property Damage
385 I'roperty Damage
Product Liability
BAfKRUPTCY
n 422
L-J USC
n 423
L-l USC
Vppeal 28
158
Withdrawal 28
157
440
CIUL RIGHTS
441
442
n 443
!' Accc
445*1
Disabi
Emp -
n ^
ll Disa
Other Civil Rights
/oting
I mployment
Housing/
Accommodations
American with
ilities-
oyment
American with
Disalpilities-Other
448Education
PRISONER PETITIONS
Habeas Corpus:
Q 463 Alien Detainee
ri 510 Motions to Vacate
'' Sentence
530General
535 Death Penalty
Other:
540Mandamus/Other
550Civil Rights
Ii 555 Prison Condition
560 Civil Detainee
LJ Conditions of
Confinement
FORFHTURE/PENALTY
_ 625 Drug Related
II Seizure ofProperty 21
USC 881
690 Other
LABOR
II 710 Fair Labor Standards
LJ Act
ri 720 Labor/Mgmt.
L-' Relations
740Railway LaborAct
751 Family and Medical
Leave Act
a
790 Other Labor
Litigation
791 Employee Ret. Inc.
Security Act
PROPERTY RIGHTS
[x] 820Copyrights
830 Patent
840Trademark
SOCIAL SECURITY
861 HIA(1395ff)
862Black Lung (923)
863 DIWC/DIWW (405(g))
864SSID Title XVI
865RSI (405 (g))
FEDERALTAXSWTS
ii 870 Taxes (U.S. Plaintiff or
II Defendant)
ii 871 IRS-Third Party 26 USC
II 7609
CD
.. FOR OFFICE USE ONLY:
f>f OT-71 (06/14)
o
[J 210Land
Condemnation
Q 220 Foreclosure
I 230 Rent Lease &
' Ejectment
Case Number:
LA CV14~07 6 4 8- QbWXSrW
CIVIL COVER < HEET
Page/1 of 3
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OFCALIFORNIA
CIVIL COVER SHEET
VIII. VENUE: Your answers tothequestions below will determine thedivision ofthe
tochange, in accordance with theCourt's General Orders, upon review by theCourt ofyoi
<iourt towhich thiscase will beinitially assigned. This initial assignment issubject
Complaint or Notice of Removal.
QUESTION A: Was this case removed
from state court?
Yes [x] No
If"no, "skip to Question B. If"yes," check the
box to the right that applies, enter the
corresponding division in response to
Question E, below, and continue from there.
STATECASEWAS PENDING III THE COUNTYOF:
INITIAL DIVISION INCACD IS:
Los Angeles, Ventura, Santa Barbara, or San Luis Obispo
Western
QUESTION B: Is the United States, or
one of its agencies or employees, a
PLAINTIFF in this action?
Yes [x] No
If"no," skip to Question C. If"yes,"answer
Question B.I, at right.
QUESTION C: Is the United States, or
one of its agencies or employees, a
DEFENDANT in this action?
Yes [x] No
If"no," skipto Question D. If"yes," answer
Question C.1, at right.
[~~| Orange
Riverside or SanBernardino
B.I. Do50%or more of the defendants whc( reside in
the district reside in Orange Co.?
check one ofthe boxes to the right ^H
B.2. Do 50% or more of the defendants whc reside in
the district reside in Riverside and/or San Be nardino
Counties? (Consider the two counties toget! ler.)
checkone of theboxesto theright
C.I. Do 50% or more of the plaintiffs who reside in the
district reside in Orange Co.?
check one ofthe boxes tothe right m^
C.2. Do 50% or more of the plaintiffs who rekide in the
district reside in Riverside and/or San Bernar lino
Counties? (Consider the two counties togetl ier.)
check one ofthe boxes tothe right ^^
QUESTIONO: Location of plaintiffs and defendants?
Indicate the location(s) in which 50%or more of plaintiffs whoreside inthisdistrict
reside. (Check upto two boxes, or leave blank ifnone ofthese choices apply.)
Indicate the location(s) in which 50% or more of defendants who reside in this
districtreside. (Check up to two boxes, or leave blank if none of these choices
apply.)
D.I. Is there at least one answer in Column A?
Yes [X] No
If"yes," your case willinitially be assigned to the
SOUTHERN DIVISION.
Enter "Southern" in response to Question E, below, and continue from there.
If"no," goto questionD2 to the right. ^^^
QUESTION E: Initial Division?
Enter the initial division determined by Question A, B,C, or Dabove:
QUESTION F: Northern Counties?
Southern
Eastern
YES. Your case will initially be assigned to the Southern Division.
Enter"Southern" inresponse to QuestionE, below,and continue
from there.
fj NO. Continueto Question B.2.
YES. Your case will initiallybe assigned to the Eastern Division.
Q Enter"Eastern" inresponseto Question E, below, and continue
from there.
NO. Your case will initially be assigned to the Western Division.
Q Enter"Western" inresponseto QuestionE, below,and continue
from there.
YES. Yourcase will initiallybe assigned to the Southern Division.
Enter"Southern"in response to QuestionE, below,and continue
from there.
I | NO. Continue to Question C.2.
YES. Yourcase will initiallybe assigned to the Eastern Division.
Q Enter"Eastern" in response to Question E, below,and continue
from there.
NO. Your case will initially be assigned to the Western Division.
Q] Enter"Western" inresponseto QuestionE, below, and continue
from there.
A.
Orange County

B.
Riverside or San
BernardinoCounty

LosAngeles, Ventura,
Santa Barbara, or San
LuisObispo County

D.2. Is there at least one answer in Column B?

Yes [X] No
If"yes," your case willinitially be assigned to the
EASTERN DIVISION.
Enter "Eastern" in response to Question E, below.
If"no,"your case will be assigned to the WESTERN DIVISION.
Enter "Western" in response to Question E, below.
INITIAL DIVISION IN CACD
WESTERN
Do50%or more of plaintiffsor defendants in this district reside in Ventura, Santa
Barbara, orSan Luis Obispo counties? Q Yes [x] No
CV-71 (06/14)
CIVIL COVER SHEET
Page 2 of3
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
CIVIL COVEF SHEET
IX(a). IDENTICAL CASES: Has this action been previously filed inthiscourt
Ifyes, list case number(s):
[X] NO YES
IX(b). RELATEDCASES: Is this case related (as defined below) toany cases |
Ifyes, listcase number(s): CV-13-05693 PSG (RZx)
pi eviously filed in this court?
NO [x] YES
Civil cases are related when they:
A. Arise from the same or closely related transactions, happening
[x] B. Call for determination ofthesame orsubstantially related or
[x] C. For other reasons would entail substantial duplication oflabclr
Check allboxesthat apply. That cases mayinvolve the sam
related.
X. SIGNATURE OF ATTORNEY
(OR SELF-REPRESENTEDLITIGANT):
or event;
imilar questions of law and fact; or
if heard by different judges.
trademark, or copyright is not, in itself, sufficient to deem cases
1
DATE: 10-1-14
Noticeto Counsel/Parties: Thesubmission ofthis Civil Cover Sheet isrequired
neither replaces norsupplements the filing andservice of pleadings or other
more detailed instructions, see separate instruction sheet (CV-071 A).
Dy Local Rule 3-1. This Form CV-71 and the information contained herein
papers as required by law, except as provided by local rules of court. For
Key to Statisticalcodes relating to SocialSecurityCases:
Nature of Suit Code Abbreviation
Substantive Statement of Cajise of Action
All claims for health insurance benefits (Msdicare)
include claims by hospitals, skilled nursint i
(42U.S.C. 1935FF(b))
861 HIA
862 BL
863 DIWC
863 DIWW
864 SSID
865 RSI
CV-71 (06/14)
All claims for"Black Lung" benefits under "itle 4, PartB, ofthe Federal Coal Mine Health andSafety Act of 1969 (30 USC
923) '
Allclaims filed by insured workers for disabi
all claims filed for child's insurance benefit s
under Title 18, Part A,of the SocialSecurityAct,as amended. Also,
facilities, etc., forcertification as providers ofservices underthe program.
>ility insurance benefits underTitle 2ofthe Social Security Act, asamended; plus
based on disability. (42U.S.C. 405 (g))
All claims filed for widows or widowers in
amended. (42 U.S.C. 405 (g))
!urancebenefits basedondisability underTitle 2ofthe Social Security Act, as
All claims for supplemental security i
amended.
neone payments basedupondisability filed underTitle 16ofthe Social Security Act, as
All claims for retirement (old age) and sun
(42 U.S.C. 405(g))
ivorsbenefits under Title2 of the Social SecurityAct,as amended.
CIVIL COVER SHEET
Page 3 of 3