II. PARTIES
31. I am an individual residing at Cohoes, New York and my business is located in Cohoes, Albany County, New York. I am asserting these Claims (1) in my individual capacity and on my own behalf; (2) in my capacity as the inventor of a proprietary method for targeted marketing of discounted prices that I created and own personally, which is exclusively licensed to an unincorporated joint venture with TransWorld, also called Aimster, to offer for retail sale licensed musical recordings, motion pictures, and other digital products over the Internet.
32. The Recording Industry Association of America, Inc. is a corporation organized and existing under the laws of the State of New York.
33. Arista Records, Inc. is a corporation organized and existing under the laws of the State of Delaware with its principal place of business in New Jersey, and is qualified to transact business in New York.
34. Atlantic Recording Corporation is a corporation organized and existing under the laws of the State of Delaware with its principal place of business in New York, and is qualified to transact business in New York.
35. Atlantic Rhino Ventures, Inc. d/b/a Rhino Entertainment Company is a corporation organized and existing under the laws of the State of Delaware with its principal place of business in New York.
36. Bad Boy Records is a joint venture of Arista Good Girls, Inc. Both Bad Boy Records and Arista Good Girls, Inc. are corporations organized and existing under the laws of the State of Delaware with their respective principal places of business in New York, and are qualified to transact business in New York.
37. Capitol Records, Inc. is a corporation organized and existing under the laws of the State of Delaware with its principal place of business in Delaware, and is qualified to transact business in New York.
38. Elektra Entertainment Group, Inc. is a corporation organized and existing under the laws of the State of Delaware with its principal place of business in New York, and is qualified to transact business in New York.
39. Hollywood Records, Inc. is a corporation organized and existing under the laws of the State of California with its principal place of business in New York.
40. Interscope Records is a general partnership organized and existing under the laws of the State of California with its principal place of business in New York.
41. LaFace Records is a joint venture between Arista Ventures, Inc. a corporation organized and existing under the laws of the State of Delaware, and LaFace Records, Inc. a corporation organized and existing under the laws of the State of Georgia, and is qualified to transact business in New York.
42. London-Sire Records, Inc. is a corporation organized and existing under the laws of the State of Delaware with its principal place of business in New York, and is qualified to transact business in New York.
43. Motown Record Company, L.P. is a California limited partnership that is qualified to transact business in New York.
44. The RCA Records Label, a unit of BMG Music d/b/a/ BMG Entertainment, is a New York general partnership qualified to transact business in New York.
45. Sony Music Entertainment, Inc. is a corporation organized and existing under the laws of the State of Delaware with its principal place of business in New York, and is qualified to transact business in New York.
46. UMG Recordings is a corporation organized and existing under the laws of the State of Delaware with its principal place of business in New York, and is qualified to transact business in New York.
47. Virgin Records America, Inc. is a corporation organized and existing under the laws of the State of California with its principal place of business in California, and is qualified to transact business in New York.
48. Walt Disney Records is a division of ABC, Inc., a corporation organized and existing under the laws of the State of New York, and is qualified to transact business in New York.
49. Warner Bros. Records, Inc. is a corporation organized and existing under the laws of the State of Delaware with its principal place of business in California, and is qualified to transact business in New York.
50. WEA International, Inc. is a corporation organized and existing under the laws of the State of Delaware with its principal place of business in New York, and is qualified to transact business in New York.
51. WEA Latina, Inc. is a corporation organized and existing under the laws of the State of Delaware with its principal place of business in New York, and is qualified to transact business in New York.
52. Zomba Recording Corporation is a corporation organized and existing under the laws of the State of New York with its principal place of business in New York, and is qualified to transact business in New York.
53. Metro-Goldwyn-Mayer Studios, Inc. is a corporation organized and existing under the laws of the State of Delaware with its principal place of business in California, and is qualified to transact business in New York.
54. Columbia Pictures Industries, Inc. is a corporation organized and existing under the laws of the State of Delaware with its principal place of business in California, and is qualified to transact business in New York.
55. Disney Enterprises, Inc. is a corporation organized and existing under the laws of the State of Delaware with its principal place of business in California, and is qualified to transact business in New York.
56. New Line Cinema Corporation is a corporation organized and existing under the laws of the State of Delaware with its principal place of business in New York, and is qualified to transact business in New York.
57. Paramount Pictures Corporation is a corporation organized and existing under the laws of the State of Delaware with its principal place of business in California, and is qualified to transact business in New York.
58. Time Warner Entertainment Company, L.P. is a limited partnership organized and existing under the laws of the State of Delaware with its principal place in New York, and is qualified to transact business in New York.
59. Twentieth Century Fox Film Corporation is a corporation organized and existing under the laws of the State of Delaware with its principal place of business in California.
60. TransWorld Entertainment Corporation is a corporation organized and existing under the laws of the State of New York with its principal place of business in New York, and is qualified to transact business in New York.
61. Defendant David Boies, Esq., is an individual residing in New York and doing business in the offices of Boies Schiller in Albany, New York.
62. Defendant Boies, Schiller & Flexner LLP is a New York Corporation with offices in Albany, New York.
63. Defendant Straus & Boies, LLP, is a New York Corporation with offices in Armonk, New York, and Fairfax, Virginia.
III. JURISDICTION AND VENUE
64. This complaint, which alleges violations of Section 1 of the Sherman Act, 15 U.S.C. § 1, is filed under and jurisdiction is conferred upon this Court by Section 4C of the Clayton Act, 15 U.S.C. § 15c, Section 4 of the Clayton Act, 15 U.S.C. § 15, and Section 16 of the Clayton Act, 15 U.S.C. § 26. I, on behalf of myself, seek to recover treble damages, my costs and expenses of suit and reasonable attorneys’ fees, together with injunctive relief, for the injuries sustained as a result of the violations alleged herein by me in the relevant time period from in or around September 2000 to the present.
65. I also allege violations of State antitrust and/or unfair competition and related laws, and seek damages, injunctive relief, civil penalties, and related relief under those State laws.
66. I filed a petition herein under Chapter 13 of the United States Bankruptcy Code on January 4, 2005. This is a Second Amended Complaint to avoid and recover fraudulent transfers of my interest in certain property referred to herein, pursuant to 11 U.S.C. §§ 362, 548 and 550. The Court has jurisdiction over this adversary proceeding, which is a core proceeding, pursuant to 28 U.S.C. §§1334 and 157(b)(2)(A), (E) and (H). Venue of my Chapter 13 case in the Northern District of New York is proper pursuant to 28 U.S.C. §§ 1408 and 1409. This action was properly filed as an adversary proceeding under Federal Rule of Bankruptcy Procedure 7001. This Court withdrew the reference of this proceeding to the bankruptcy court pursuant to 11 U.S.C. 157(d).
67. Each of the defendants transacts business, committed an illegal or tortious act, or is found in the Northern District of New York, within the meaning and scope of 15 U.S.C. § 22, N.Y. Civ. Prac. L. and R. § 302, and 28 U.S.C. § 1391 (b) and (c).
