14 CV

JS 44C/SDNY
REV. 4/2014

8889

CIVIL COVE

The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of
pleadings orother papers as required by law. except as provided by local rules of court. This form approved bv the
Judiaal Conference of the United States in September 1974, is required for use of the Clerk of Court for the purpose of
initiating the civildocket sheet.

K K

PLAINTIFFS

NOV o720J4

DEFENDANTS

jODffiltfUN

MARILYN MOFFAT, KAREN KEMMIS

DANILLE PARKER and MARK RICHARDS

AMERICAN PHYSICAL THERAPY ASSOCIATION and ACADEMY OF

GERIATRIC PHYSICAL THERAPY

ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER

JOHN R. SACHS, JR.

ATTORNEYS (IF KNOWN)

180 CENTRAL PARK SOUTH, SUITE 1237, NEW YORK NY 10019

UNKNOWN

(917)532-4385

'""

CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE ABRIEF STATEMENT OF CAUSE)
(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)

SUIT FOR COPYRIGHT INFRINGEMENT, 17 USC sec. 101 et. seq.

Has this action, case, or proceeding, or one essentially the same been previously filed in SDNY at any time' NcEJ/esQjudge Previously Assigned

If yes, was this case Vol. Invol. Dismissed. No Yes

ISTHIS AN INTERNATIONAL ARBITRATION CASE?

No [x]

(PLACE AN[x] INONE BOX ONL Y)

If yes, give date

Yes
NATURE OF SUIT

TORTS

CONTRACT

ACTIONS UNDER STATUTES

PERSONAL INJURY

PERSONAL INJURY

FORFEITURE/PENALTY

[ ] 367 HEALTHCARE/

1 ] no
[ ]120
[ ] 130
[ ] 140
[ ] 150

[ ] 151
I I 152

INSURANCE
MARINE

[ ] 310 AIRPLANE
[ ] 315 AIRPLANE PRODUCT

MILLER ACT
NEGOTIABLE

INSTRUMENT
RECOVERY OF

OVERPAYMENTS
ENFORCEMENT
OF JUDGMENT
MEDICARE ACT
RECOVERY OF
DEFAULTED
STUDENT LOANS

LIABILITY

[ ] 320 ASSAULT. LIBELS

SLANDER

[ ]330 FEDERAL
EMPLOYERS'

[ ] 160
[ ]190
[ ] 195

1 J 340 MARINE
[ ] 345 MARINE PRODUCT
LIABILITY

[ ] 350 MOTOR VEHICLE

( ] 355 MOTOR VEHICLE
[ ) 360 OTHER PERSONAL

OF VETERAN'S
BENEFITS
STOCKHOLDERS
SUITS
OTHER
CONTRACT
CONTRACT
PRODUCT

[ ] 362 PERSONAL INJURY -

INJURY

MED MALPRACTICE

othfr

[ ] 368ASBESTOS PERSONAL l ' 90 OTHER

ACTIONS UNDER STATUTES

[ ] 370 OTHER FRAUD

[ J 371 TRUTH IN LENDING

LABOR

PROPERTY DAMAGE

[ ] 385 PROPERTY DAMAGE

[ ] 710 FAIR LABOR

STANDARDS ACT

EJECTMENT

DISABILITIES -

TORTS TO LAND
TORT PRODUCT

EMPLOYMENT

[ ] 446

AMERICANS WITH

28 USC 157

VACATE SENTENCE

] 410
] 430
) 450
] 460
] 470

ANTITRUST
BANKS S BANKING
COMMERCE
DEPORTATION
RACKETEER INFLU
ENCED S CORRUPT
ORGANIZATION ACT

(RICO)
[ ]480 CONSUMER CREDIT
[ ] 490 CABLE/SATELLITE TV
[ ] 850 SECURITIES/
COMMODITIES/
EXCHANGE

[ ] 864 SSID TITLE XVI

[ 1865 RSI (405(g))

[ J 890 OTHER STATUTORY

ACTIONS

| ) 740 RAILWAY LABOR ACT

[ 1 751 FAMILY MEDICAL

REAPPORTIONMENT

[
[
[
[
[

[ ] 861 HIA(1395ff)
[ ] 862 BLACK LUNG(923)
[ ] 863 DIWC/DIWW (405(g))

RELATIONS

[ I 891 AGRICULTURAL ACTS

FEDERAL TAX SUITS

LEAVE ACT (FMLA)

28 USC 2255

[ ]240
[ ]245

[ ] 423 WITHDRAWAL

SOCIAL SECURITY

[ ] 380 OTHER PERSONAL

j J 375 FALSECLAIMS

28 USC 158

[Xl 820 COPYRIGHTS

[ 1830 PATENT
[ ] 840 TRADEMARK

[ ] 530 HABEAS CORPUS

| ] 535 DEATH PENALTY
[
] 540 MANDAMUS S OTHER
[ ]440 OTHER CIVIL RIGHTS
(Non-Prisoner)

LAND

OTHER STATUTES

[ J 400 STATE

PROPERTY RIGHTS

PERSONAL PROPERTY

CIVIL RIGHTS

[ ] 441 VOTING
[ J 442 EMPLOYMENT
[ ] 443 HOUSING/
ACCOMMODATIONS
[ ] 445 AMERICANS WITH

BANKRUPTCY

[ ] 422 APPEAL

INJURY PRODUCT
LIABILITY

[ ) 463 ALIEN DETAINEE

[ ] 510 MOTIONS TO

CONDEMNATION
FORECLOSURE
RENT LEASE *

ALL OTHER
REAL PROPERTY

SEIZU"E P"0PERTV

PRODUCT LIABILITY

PRISONER PETITIONS

[ ]220
[ )230

[ J 290

[]365 PERSONAL INJURY

RUG RELATED

[ ] 720 LABOR/MGMT

[ ]210

LIABILITY

['

PRODUCT LIABILITY

LIABILITY

REAL PROPERTY

INJURY/PRODUCT LIABILITY

PRODUCT LIABILITY

RECOVERY OF
OVERPAYMENT

[ ] 196 FRANCHISE

PHARMACEUTICAL PERSONAL , , ,,; nR, ,r, RFI iTI=n

LIABILITY

(EXCL VETERANS)
[ J 153

&case No.

[ ] 790 OTHER LABOR

LITIGATION

[ I 791 EMPL RET INC

SECURITY ACT
IMMIGRATION

PRISONER CIVIL RIGHTS

[ ] 462 NATURALIZATION
[ ] 550 CIVIL RIGHTS
APPLICATION
[ ] 555 PRISON CONDITION
( ] 465 OTHER IMMIGRATION
[ ] 560 CIVIL DETAINEE
ACTIONS
CONDITIONS OF CONFINEMENT

[ ] 870 TAXES (U.S. Plaintiff or

Defendant)
[ ) 871 IRS-THIRD PARTY

[ ] 893 ENVIRONMENTAL
MATTERS

[ ] 895 FREEDOM OF

26 USC 7609

INFORMATION ACT

[ ] 896 ARBITRATION
[ ] 899 ADMINISTRATIVE
PROCEDURE ACT/REVIEW OR
APPEAL OF AGENCY DECISION
[ J 950 CONSTITUTIONALITY OF
STATE STATUTES

DISABILITIES -OTHER

[ ] 448 EDUCATION

Check ifdemandedincomplaint:

CHECK IF THIS IS A CLASS ACTION

IFSOSJTATEIM IS CASE IS RELATED T0 ACIVIL CASE NOW PENDING IN S.D.N.Y.?

UNDERF.R.C.P. 23

DEMAND $1-1 Million

OTHER

JUDGE

DOCKET NUMBER

Check YES only ifdemanded incomplaint

JURY DEMAND: H YES QmO

NOTE: You must also submit at the time of filing the Statement of Relatedness form (Form IH-32).

(PLACEAN x IN ONE BOX ONLY)

1 Original

Proceeding

ORIGIN

2 Removed from
state Court

I I 3 Remanded I I4 Reinstated or

| | 3. all parties represented

| ] 5 Transferred from f-J 6 Multidistrict

Reopened

from

(Specify District)

I I 7 Appeal to District

Litigation

Judge from
Magistrate Judge
Judgment

Appellate
Court

I I b. At least one
party is pro se.

(PLACEAN x INONEBOXONLY)

1 U.S. PLAINTIFF

BASIS OF JURISDICTION

2 U.S. DEFENDANT \*\ 3 FEDERAL QUESTION

IF DIVERSITY, INDICATE

G4 DIVERSITY

CITIZENSHIP BELOW.

(U.S. NOT A PARTY)

CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)

(Place an [X] in one box for Plaintiff and one box for Defendant)
PTF

DEF

CITIZEN OF THIS STATE

[ ]1

[ ]1

CITIZEN OF ANOTHER STATE

[ ]2

PTF DEF

CITIZEN OR SUBJECT OF A

PTF

DEF

[ ]3[ ]3

INCORPORATED and PRINCIPAL PLACE

OF BUSINESS IN ANOTHER STATE

[ ]5

[ ]5

[ ]4[ 14

FOREIGN NATION

[ ]6

[ ]6

FOREIGN COUNTRY

INCORPORATED or PRINCIPAL PLACE

OF BUSINESS IN THIS STATE

PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)

DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES)

DEFENDANT(S) ADDRESS UNKNOWN

REPRESENTATION IS HEREBY MADE THAT, AT THIS TIME, I HAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TO ASCERTAIN
RE9IBENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:

Check one:

THIS ACTION SHOULD BE ASSIGNED TO:

G WHITE PLAINS

\x\ MANHATTAN

(DO NOT check either box if this a PRISONER PETITION/PRISONER CIVIL RIGHTS
COMPLAINT.)

DATE NOV 6 2014 SIGNA*URJ?OF ATTORNEY OF RECORD

ADMITTED TO PRACTICE IN THIS DISTRICT

>^>4^^

[ I NO

[)Q YES (DATE ADMITTED Mo.Dec

RECEIPT #

Attorney Bar Code #2311934

Magistrate Judge is to be designated by the Clerk of the Court.

Magistrate Judge
Ruby J. Krajick, Clerk of Court by

MAG. JUDGE NETBURN

is so Designated.

Deputy Clerk, DATED

UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)

Yr. 1990

JUDGING

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK
-X

-Mil; v

MARILYN MOFFAT, KAREN KEMMIS,

DANILLE PARKER and MARK RICHARDS,

CASE NO.

Plaintiffs,

COMPLAINT

-againstJURY TRIAL DEMANDED

AMERICAN PHYSICAL THERAPY

ASSOCIATION and ACADEMY OF

GERIATRIC PHYSICAL THERAPY

Defendants

14 CV

888

)
-X

Plaintiffs Marilyn Moffat, Karen Kemmis, Danille Parker and Mark Richards, Jy

CO
o

their undersigned attorney, John R. Sachs, Jr., as and for their Complaint, allege ypon _^,
information and belief as follows:

r1

zL

-> O
o

NATURE OF THE CASE

1.

en

This case involves the claims of plaintiffs that the defendants have and

continue to infringe their copyrights in seven (7) works.

PARTIES

2.

Plaintiffs are well known physical therapists specializing in geriatric

therapy.

3.

Upon information and belief, defendant the American Physical Therapy

Association (APTA) is an individual membership professional organization representing

physical therapists, physical therapist assistants, and students of physical therapy. The
APTA has a principal place of business in Virginia.

4.

Upon information and belief, defendant Academy of Geriatric Physical

Therapy (AOGPT), is a section of the APTA and an individual membership professional

organization representing physical therapists who specialize in treating geriatric adults.

The AOGPT has a principal place of business in Wisconsin.
JURISDICTION AND VENUE

5.

This Court has subject matter jurisdiction over this matter pursuant to 28

U.S.C. section 1338(a) in that plaintiffs' claims are substantial and allege violations of
the Copyright Act, 17 U.S.C Section 101 et. seq.
6.

Venue is proper in this Court pursuant to 28 U.S.C. section 1391 in that a

substantial part of the events or omissions giving rise to the claim occurred in, or a
substantial part of property that is the subject of the action is situated in, the Southern
District of New York.

FACTUAL ALLEGATIONS

7.

Plaintiffs have created seven (7) original works, and have registered each

with the Unites States Register of Copyrights, as follows:

a. Physical Therapist's Exercise Prescription for Aging Adults,

Laboratory Manual, Registration No. TX 7-899-117;

b. Physical Therapist Exercise/Physical Activity Prescription,

Registration No. TX 7-899-123;

c. Physical Therapist Evidence-Based Exercise Prescription,

Complementary Exercises, Nutrition, Meds., Registration No. TX 7889-131;

d. Physical Therapist's Evidence-Based Exercise Prescription for Aging

Adults Disease/Condition Specific , Medication Influences, Nutrition,

Complementary Exercises Laboratory Manual, Registration No. TX 7899-139;

e. Physical Therapist Exercise Prescription for Aging Adults,

Registration No. TX 7-899-141;

f. Physical Therapist Examination and Exercise Prescription for Aging

Adults (Slide Deck), Registration No. TX 7-899-448; and

g. Functional Test Forms/Flow Chart, Registration No. TX 7-899-183.

8.

Defendants have and continue to infringe plaintiffs' copyrights in the

works by, among other actions, copying the plaintiffs' work in violation of the United
States Copyright Act.

9.

Plaintiffs have not consented to defendants' copying of the works, and

have made due demand to defendants to cease their infringing conduct.

10.

Defendants have not ceased their infringing conduct.

11.

As a direct and proximate result of defendants' conduct, plaintiffs have

been damaged in the amount of at least $150,000.

12.

Because the conduct of defendants is willful and intentional, plaintiffs are

entitled to punitive damages in the amount of at least $1 million, in an exact amount to be

determined at trial.

WHEREFORE, Plaintiff demands judgment as against defendants, jointly and

severally, as follows:

1. Monetary damages in the amount of at least $100,000 plus interest, in an

amount to be determined at trial, plus interest at the statutory rate calculated
from March 21, 2014;

2. Punitive damages in the amount of at least $1 million, in an amount to be

determined at trial; and

3. An award of plaintiffs costs and attorney's fees in an exact amount to be

determined at trial.

Plaintiffs demand a trial by jury of all issues raised in its complaint.

Dated: New York, New York
November 6, 2014

JOHI^R. SACHS^JR.

180 Central Park South

Suite 1237

New York, New York 10019

(917)532-4385

jsachs@sachspc.com
Attorney for Plaintiffs.