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1
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PLAINTIFF REQUEST FOR ADMISSION
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EXTRACTED KEY WORDS
PLAINTIFF SMITHSONIAN MAGAZINE REPORT REQUEST ADMISSION RAM DEFENDANT EXCHANGE JONATHAN DAILEY GENERAL DISTRICT COURT ARLINGTON COUNTY CIVIL DIVISION RAM AVRAHAMI COUNSEL PROPOUNDS PURSUANT LIST EXCHANGE AGREEMENT PARAGRAPH LAW OFFICES SUITE WASHINGTON |
V I R G I N I A :
IN THE GENERAL DISTRICT COURT OF ARLINGTON COUNTY
CIVIL DIVISION
RAM AVRAHAMI, :
:
Plaintiff, :
:
v. : Civil Action No. 95-7479
:
:
U.S. NEWS & WORLD REPORT, INC., :
:
Defendant. :
PLAINTIFF REQUEST FOR ADMISSION
COMES NOW the Plaintiff, Ram Avrahami, by counsel, and
propounds the following requests for admission to Defendant U.S.
News and World Report ("U.S. News"):
1. That pursuant to a list exchange agreement dated March 5,
1995, between Defendant U.S News and the Smithsonian Magazine, on
or about March 24, 1995, Plaintiff Ram Avrahami's name and address
was transferred to the Smithsonian Magazine as a part of a mailing
list.
2. That in exchange for the mailing list referred to above
in paragraph 1, U.S. News received from the Smithsonian a
comparable mailing list and/or the equivalent commercial value.
RAM AVRAHAMI
By Counsel
Law Offices of Jonathan C. Dailey
1050 17th Street, N.W., Suite 600
Washington, D.C. 20036
(202) 496-1290
By: /s/
Jonathan C. Dailey (#37442)
======================================================================
SNIPPETS:
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2
.
MOTION FOR DECLARATORY JUDGMENT
|
EXTRACTED KEY WORDS
NEWS MAILING LISTS AVRAHAMI REPORT DIRECT MAIL CONSUMERS VIRGINIA EXCHANGE RENTALS SALE CONSUMERS UNION MAGAZINE SMITHSONIAN VIRGINIA CODE SUBSCRIPTION MAIL SOLICITATIONS GENERAL DISTRICT COURT ARLINGTON COUNTY RAM AVRAHAMI DEFENDANT COMMONWEALTH CAMPAIGN CIVIL DIVISION PLAINTIFF REQUEST PURSUANT COMPARE GOVERNMENT MERGE-PURGE |
V I R G I N I A :
IN THE CIRCUIT COURT OF ARLINGTON COUNTY
Civil Division
U.S. NEWS & WORLD REPORT, INC.
2400 N Street, N.W.
Washington, D.C. 20037,
Plaintiff,
v. At Law No. 95-1318
RAM AVRAHAMI
Apartment 110
1001 North Randolph Street
Arlington, Virginia 22201,
Defendant.
MOTION FOR DECLARATORY JUDGEMENT
COMES NOW the plaintiff, U.S. News & World Report, Inc. ("U.S.
News"), by counsel, and for its Motion for Declaratory Judgement
states as follows:
PARTIES
1. Plaintiff U.S. News is a corporation organized under the
laws of the State of Delaware with its principal place of business
located at 2400 N Street, N.W., Washington, D.C. 20037.
2. Defendant Ram Avrahami is a resident of the commonwealth
of Virginia and resides at Apartment 110, 1001 N. Randolph Street,
Arlington, Virginia 22201.
JURISDICTION
3. This Court has jurisdiction to hear this matter and grant
the requested relief pursuant to Virginia Code # 8.01-184.
4. There is a justiciable controversy as to whether the
sale, rental, or exchange by U.S. News of a mailing list containing
the name of Mr. Avrahami violates Virginia Code # 8.01-40.
SNIPPETS:
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3
.
GROUNDS FOR DEFENSE
|
EXTRACTED KEY WORDS
PARAGRAPH ALLEGATIONS INFORMATION SUFFICIENT TRUTH MOTION DECLARATORY JUDGMENT COURT NEWS REPORT FIRST SENTENCE ADMITS DEFENSES PLAINTIFF ALLEGES VIRGINIA AFFIRMATIVE DEFENSES ARLINGTON RAM GENERAL DISTRICT COURT DISMISS SECOND SENTENCE DENIES AVERS JURISDICTION EXISTENCE MAIL PREFERENCE SERVICE ADVRAHAMI ADMITS CONSUMER REPORTS MATTER |
V I R G I N I A:
IN THE CIRCUIT COURT OF ARLINGTON COUNTY
U.S. NEWS & WORLD REPORT, INC., |
|
Plaintiff, |
|
v. | At Law No. 95-1318
|
RAM AVRAHAMI, |
|
Defendant. |
RAM AVRAHAMI'S GROUNDS FOR DEFENSE
TO U.S. NEWS & WORLD REPORT, INC.'S MOTION FOR DECLARATORY JUDGMENT
Responding specifically to the numbered paragraphs of the Motion
For Declaratory Judgment filed by U.S. News & World Report, Inc. ("U.S.
News"), Plaintiff, Ram Avrahami ("Avrahami"), admits, denies or avers as
follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted, except that the action referred to in the General
District Court was dismissed for lack of jurisdiction, and that
decision has been appealed to this Court.
6. Admitted.
7. Avrahami lacks knowledge or information sufficient to form a belief
as to the truth of the allegations of the first sentence of
Paragraph 7, so the same therefore are denied. The allegations of
the second sentence of paragraph 7 are denied.
8. Avrahami lacks knowledge or information sufficient to form a belief
as to the truth of the allegations of Paragraph 8, so the same
therefore are denied.
9. Avrahami lacks knowledge or information sufficient to form a belief
as to the truth of the allegations of Paragraph 9, so the same
therefore are denied.
10. Avrahami lacks knowledge or information sufficient to form a belief
as to the truth of the allegations of Paragraph 10, so the same
therefore are denied.
11. Avrahami admits that he is aware of the existence of the Mail
Preference Service. Avrahami lacks knowledge or information
SNIPPETS:
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4
.
GROUNDS FOR DEFENSE TO AMENDED MOTION
|
EXTRACTED KEY WORDS
PARAGRAPH ALLEGATIONS AVRAHAMI LACKS KNOWLEDGE INFORMATION SUFFICIENT TRUTH NEWS AVRAHAMI ADMITS REPORT DECLARATORY RELIEF AMENDED MOTION INTENTIONAL MISSPELLING ARLINGTON DEFENSES PLAINTIFF ALLEGES AFFIRMATIVE DEFENSES COURT RAM DENIES FIRST SENTENCE SECOND SENTENCE VIRGINIA AVERS EXISTENCE MAIL PREFERENCE SERVICE DMA MPS RE-REGISTER CONSUMER REPORTS MATTER |
V I R G I N I A:
IN THE CIRCUIT COURT OF ARLINGTON COUNTY
U.S. NEWS & WORLD REPORT, INC., |
|
Plaintiff, |
|
v. | At Law No. 95-1318
|
RAM AVRAHAMI, |
|
Defendant. |
RAM AVRAHAMI'S
GROUNDS FOR DEFENSE
TO U.S. NEWS & WORLD REPORT, INC.'S
AMENDED MOTION FOR DECLARATORY RELIEF
Responding specifically to the numbered paragraphs of the Amended
Motion for Declaratory Relief filed by U.S. News & World Report, Inc.
("U.S. News"), Plaintiff, Ram Avrahami ("Avrahami"), admits, denies or
avers as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Avrahami lacks knowledge or information sufficient to form a
belief as to the truth of the allegations of the first sentence of
Paragraph 6, so the same therefore are denied. The allegations of
the second sentence of Paragraph 6 are denied.
7. Avrahami lacks knowledge or information sufficient to form a
belief as to the truth of the allegations of Paragraph 7, so the
same therefore are denied.
8. Avrahami lacks knowledge or information sufficient to form a
belief as to the truth of the allegations of Paragraph 8, so the
same therefore are denied.
9. Avrahami lacks knowledge or information sufficient to form a
belief as to the truth of the allegations of Paragraph 9, so the
same therefore are denied.
10. Avrahami admits that he is aware of the existence of the Mail
Preference Service. Avrahami lacks knowledge or information
sufficient to form a belief as to the truth of the remaining
allegations of Paragraph 10, so the same therefore are denied.
11. Avrahami admits that he registered his name with the DMA MPS when
he lived at a previous address and that he did not re-register his
SNIPPETS:
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5
.
DEF DEMURRER
|
EXTRACTED KEY WORDS
COURT DECLARATORY JUDGEMENT LAW PENDING ACTION DEFENDANT MOTION FORUM PLAINTIFF AVRAHAMI DECLARATORY JUDGEMENT PROCEEDING BANK DEFENSE VIOLATE VIRGINIA CODE DETERMINATION WILLIAMS GENERAL DISTRICT COURT PROPERTY RIGHTS DEMURRER LIKENESS ENJOIN PURPOSE ADEQUATE EQUITY ALLEGATION VIRGINIA SUPREME COURT DISMISS NORFOLK QUOTING |
V I R G I N I A :
IN THE CIRCUIT COURT OF ARLINGTON COUNTY
CIVIL DIVISION
U.S. NEWS & WORLD REPORT, INC.,
Plaintiff,
v. In Chancery No. 95-1318
RAM AVRAHAMI,
Defendant.
DEFENDANT'S DEMURRER TO PLAINTIFF'S MOTION FOR
DECLARATORY JUDGEMENT
COMES NOW the Defendant, Ram Avrahami, by counsel, and
demurrers to the Motion for Declaratory Judgement filed by U.S.
News and World Report, Inc., ("U.S. News") on the grounds as set
forth herein.
ARGUMENT
This action in chancery was filed by U.S. News on October 24,
1995, seeking declaratory relief that the sale and/or rental of
mailing lists, and specifically the sale and/or rental of
Defendant's name and/or likeness as part of a mailing list, by
Plaintiff U.S. News does not violate Virginia Code Section 8.01-
40.<1> Plaintiff should not be permitted to institute a declaratory
judgement proceeding for the following reasons: (1) the question
sought to be adjudicated is already at issue in another pending
action; (2) Defendant would be deprived of a pending action at law;
and (3) the procedure adopted by U.S. News allows it to choose its
own forum and position upon the determination of Defendant's
pending action.
I. The Question Sought to Be Adjudicated by U.S. News is
Already at Issue in a Pending Action.
The Virginia Supreme Court has held that if declaratory relief
would enjoin a pending action at law, a declaratory judgement
motion will not lie. See Andrews v. Universal Moulded Prods. Corp.,
SNIPPETS:
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6
.
COMPLAINT
|
EXTRACTED KEY WORDS
DEFENDANT NEWS REPORT SMITHSONIAN VIRGINIA RAM AVRAHAMI SMITHSONIAN INSTITUTION SMITHSONIAN MAGAZINE CONSENT LIKENESS DAMAGES ARLINGTON JUDGEMENT AMOUNT VIRGINIA CODE TRADE PURPOSE RENTING WASHINGTON TIMES RELEVANT HERETO MAIL PROMOTIONAL LITERATURE SUBSCRIPTION APARTMENT SUITE COUNSEL HEREINAFTER RESIDENT COMMONWEALTH BUSINESS |
AVRAHAMI MOTION
_________________________________________________________________
VIRGINIA
IN THE GENERAL DISTRICT COURT OF ARLINGTON COUNTY CIVIL DIVISION
RAM AVRAHAMI
Apartment 110
1001 North Randolph Street
Arlington, Virginia 22201
Plaintiff
v. Civil Action 95-7479
U.S. NEWS & WORLD REPORT, INC.
2400 N Street, N.W.
Washington, D.C. 20037
Defendant
SERVE:
CT Corporation
Suite 400
1025 Vermont Avenue
Washington, D.C. 20005
_________________________________________________________________
MOTION FOR JUDGMENT
COMES NOW the Plaintiff, RAM AVRAHAMI, by counsel, and moves this
Honorable Court for judgment against the Defendant, U.S. NEWS & WORLD
REPORT, INC., hereinafter "U.S. NEWS & WORLD REPORT," on the grounds
and in the amount hereinafter set forth.
_________________________________________________________________
STATEMENT OF FACTS
1. Plaintiff, RAM AVRAHAMI, is a resident of the Commonwealth of
Virginia and resides at Apartment 110, 1001 North Randolph Street,
Arlington, Virginia 22201.
SNIPPETS:
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7
.
ANS TO BILL OF COMPLAINT
|
EXTRACTED KEY WORDS
BILL COMPLAINT DEFENSE PLAINTIFF RAM AVRAHAMI PARAGRAPH REPORT DEFENDANT DOCTRINE SOLICITATION ALLEGATIONS COMPLAINT FAILS RELIEF THIRD DEFENSE ESTOPPEL UNCLEAN HANDS WHEREFORE NEWS PRAYS JUDGEMENT PREJUDICE SHAW PITTMAN POTTS TROWBRIDGE ALEXANDRIA VIRGINIA DAVID FISKE LORI VAUGHN EBERSOHL |
V I R G I N I A :
IN THE CIRCUIT COURT OF ARLINGTON COUNTY
Civil Division
U.S. NEWS & WORLD REPORT, INC., )
)
Plaintiff, )
)
v. ) In Chancery No. 96-203
)
RAM AVRAHAMI, )
)
Defendant. )
U.S. NEWS' ANSWER TO BILL OF COMPLAINT
Defendant U.S. News & World Report, Inc. ("U.S. News") for its
answer to the Bill of Complaint filed by plaintiff Ram Avrahami
("Avrahami") states as follows:
FIRST DEFENSE
With respect to the specific paragraphs of the Bill of
Complaint, U.S. News states as follows:
1. Admitted.
2. The first sentence of paragraph 2 is admitted. The second
sentence of paragraph 2 is a legal conclusion by plaintiff to which
no response is required.
3. Admitted.
4. U.S. News denies that the defendant Avrahami accepted
U.S. News' offer to subscribe, but affirmatively avers that someone
named Ram Avrahani accepted the solicitation sent to Ram Avrahami.
The remaining allegations of paragraph 4 are denied.
5. Denied.
6. Denied.
7. Denied.
SNIPPETS:
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8
.
AMENDED MOTION FOR JUDGMENT
|
EXTRACTED KEY WORDS
AVRAHAMI VIRGINIA CODE MOTION RAM COURT REPORT DEFENDANT JUDGEMENT SALE MAILING LISTS DECLARATORY RELIEF ARLINGTON COUNTY PLAINTIFF AMENDED MOTION PURSUANT DIRECT MAIL RAM AVRAHANI CONSUMERS UNION CIVIL DIVISION SMITHSONIAN CIRCUIT COURT COMMONWEALTH JURISDICTION REQUESTED RELIEF PURSUANT CONTROVERSY SUBSCRIBER GENERAL DISTRICT COURT DIRECT MAIL SOLICITATION RANDOLPH STREET |
V I R G I N I A :
IN THE CIRCUIT COURT OF ARLINGTON COUNTY
Civil Division
___________________________________
)
U.S. NEWS & WORLD REPORT, INC., )
)
Plaintiff, )
)
v. ) At Law No. 95-1318
)
RAM AVRAHAMI, )
)
Defendant. )
___________________________________)
AMENDED MOTION FOR JUDGMENT FOR DECLARATORY RELIEF
COMES NOW the plaintiff, U.S. News & World Report, Inc. ("U.S.
News"), by counsel, and for its Amended Motion for Judgment for
Declaratory Relief states as follows:
PARTIES
1. Plaintiff U.S. News is a corporation organized under the
laws of the State of Delaware with its principal place of business
located at 2400 N Street, N.W., Washington, D.C. 20037.
2. Defendant Ram Avrahami ("Avrahami") is a resident of the
commonwealth of Virginia and resides at Apartment 110, 1001 N.
Randolph Street, Arlington, Virginia 22201.
JURISDICTION
3. This Court has jurisdiction to hear this matter and grant
the requested relief pursuant to Virginia Code # 8.01-184.
4. There is a justiciable controversy as to whether the
sale, rental, or exchange by U.S. News of a mailing list containing
the name Ram Avrahani violates Virginia Code # 8.01-40.
5. That an actual controversy exists is further demonstrated
by the filing of a suit by the defendant, entitled Ram Avrahami v.
SNIPPETS:
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9
.
NOTICE OF APPEAL
|
EXTRACTED KEY WORDS
REPORT VIRGINIA ARLINGTON NEWS AVRAHAMI DEFENDANT COUNSEL CERTIFICATE ESQUIRE BEAN KINNEY KORMAN JAMES BRUCE DAVIS VSB HEREBY CERTIFY FOREGOING ANNEXED PLEADING MAILING THEREOF FIRST CLASS MAIL POSTAGE PREPAID DAVID FISKE LORI VAUGHAN EBERSOHL SHAW PITTMAN POTTS TROWBRIDGE ALEXANDRIA |
V I R G I N I A:
IN THE CIRCUIT COURT OF ARLINGTON COUNTY
U.S. NEWS & WORLD REPORT, INC., |
|
Plaintiff, |
|
v. | At Law No. 95-1318
|
RAM AVRAHAMI, |
|
Defendant. |
|
------------------------------------------------------------------------
|
RAM AVRAHAMI, |
|
Complainant, |
|
v. | In Chancery No. 96-203
|
U.S. NEWS & WORLD REPORT, INC., |
|
Respondant. |
NOTICE OF APPEAL
RAM AVRAHAMI ("Avrahami"), the defendant in At Law No. 95-1318 and
the complainant in Chancery No. 96-203, by and through counsel, notes his
appeal to the Supreme Court of the Commonwealth of Virginia from the
final order of this Court entered on June 13, 1996.
A transcript of the trial held on June 6, 1996 and the closing
arguments on June 11, 1996, has been ordered by Avrahami from the court
reporter who reported the case, and will be included in the record on
appeal.
Respectfully submitted,
RAM AVRAHAMI,
By Counsel
BEAN, KINNEY & KORMAN, P.C.
2000 North 14th Street, Suite 100
Arlington, Virginia 22201
(703) 525-4000
SNIPPETS:
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10
.
DEF MOTION FOR PROTECTIVE ORDER
|
EXTRACTED KEY WORDS
COURT REQUEST ADMISSION AVRAHAMI REPORT MOTION DEFENDANT PROTECTIVE ORDER DISCOVERY ARLINGTON COUNTY CIRCUIT COURT FORUM VSB SUBPOENA DUCES TECUM ACCORDANCE SERVE REQUESTS PRETRIAL DISCOVERY FOREGOING REASONS RESPECTFULLY REQUESTS SHAW PITTMAN POTTS TROWBRIDGE DAVID FISKE LORI VAUGHN EBERSOHL ALEXANDRIA VIRGINIA COUNSEL |
V I R G I N I A :
IN THE GENERAL DISTRICT COURT OF ARLINGTON COUNTY
RAM AVRAHAMI, :
:
Plaintiff, :
:
v. : Case No. 95-7479
:
U.S. NEWS & WORLD REPORT, INC., :
:
Defendant. :
DEFENDANT U.S. NEWS' MOTION FOR PROTECTIVE ORDER
CONCERNING PLAINTIFF'S REQUEST FOR ADMISSION
Defendant U.S. News & World Report, Inc. ("U.S. News") hereby
moves this Court for a protective order directing that U.S. News
need not respond to the Request for Admission served by plaintiff
Ram Avrahami ("Avrahami") because written discovery is not
permitted under the rules of this Court.
Avrahami commenced this action, complaining that by "renting"
a mailing list allegedly containing Avrahami's name, U.S. News
violated his rights and somehow caused him injury. When U.S. News
moved to stay this action on the grounds that a declaratory
judgment action concerning the same issues was pending in the
Circuit Court of Arlington County, Avrahami opposed the motion and
insisted on a trial in the forum that he chose. U.S. News' motion
was denied.
With trial scheduled for February 6, 1996, Avrahami served
Plaintiff's Request for Admission, a copy of which is attached as
Exhibit A, on January 16, 1996.
The service of requests for admission is authorized by Rule
4:11. Rule 4:0 specifically limits the application of Part Four of
the Rules, however, to Circuit Courts. The only civil discovery
that is available in this Court is a subpoena duces tecum in
accordance with Va. Code # 16.1-89. Thus, Avrahami cannot serve
requests for admission in the forum that he selected. If he wanted
to conduct pretrial discovery, he should not have opposed U.S.
News' earlier motion.
SNIPPETS:
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11
.
MOTION ANNOUNCE
|
EXTRACTED KEY WORDS
MOTION AVRAHAMI WRITTEN CONSENT COURT LISTS SUMMARY JUDGMENT VIRGINIA CODE COMMERCIAL BENEFIT FIRST OBTAINING EXCHANGE SMITHSONIAN RAM AVRAHAMI DISPUTE MATERIAL FACTS JUDGE MATTER JONATHAN DAILEY MAGAZINE SUBSCRIBERS DAMAGES WASHINGTON PERTINENT PURPOSES TRADE SUE RECOVER DAMAGES REASON LAW OFFICES |
__________________________________________________________________________
Contact: Ram Avrahami
Address: 1001 N. Randolph/#110
Arlington, VA 22201
Telephone:(703) 908-9125
Facsimile:(703) 908-0186
ASKING FOR SUMMARY JUDGEMENT ARLINGTON, JAN. 16, 1996 -- Ram Avrahami
filed today for summary judgment in his suit against US News & World
Report for trading his name without prior consent. The motion is an
effort to simplify the case, where there is no dispute over material
facts, by asking the judge to rule on the original motion as a matter
of law.
"The law is explicit", said Jonathan C. Dailey, who represents
Avrahami in this case. "Virginia Code 8.01-40 has been interpreted by
the Virginia Supreme Court as creating a property right in a person's
name, a right that is vested in all people, including ordinary
citizens. When USN&WR received a commercial benefit from Mr.
Avrahami's name, as little as it may be, without first obtaining his
express written consent, it violated the law."
USN&WR had already admitted in a previous court filing that it had
traded Avrahami's name under a 'list exchange agreement' with the
Smithsonian. Today's motion reveals also that according to a Spring
1995 edition of the Direct Marketing List Source, a list industry
catalog, both USN&WR and the Smithsonian Magazine were sell
subscribers' names (2.2 million of USN&WR, 1.9 million of the
Smithsonian) for $80-85 per thousand. Mr. Avrahami said that this
demonstrates that the exchange of lists is a clear commercial
transaction.
"USN&WR has systematically used my name for a commercial benefit,
either for receipt of money or as a way to get reciprocal names of
similar value so as to increase its own circulation. The law
proscribes such practice and the magazine should stop exchanging names
without the express written consent of its subscribers."
Motions for summary judgment are filed in cases where no material
facts are disputed and the judge can rule on the issue as a matter of
law. A ruling on today's motion is expected on the scheduled day of
the trial, Feb 6. If the court rules in Avrahami's favor, the court
will then consider the issue of damages.
SNIPPETS:
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12
.
MOTION FOR CONTINUANCE
|
EXTRACTED KEY WORDS
NEWS COURT MOTION CONTINUANCE DISTRICT REPORT JUDGEMENT PARTIES FISKE WENDORF DECLARATORY CIRCUIT COURT VSB ARLINGTON COUNTY CIVIL AVRAHAMI PLAINTIFF DEFENDANT LAW DAVID MICHAEL VIRGINIA ALEXANDRIA PARTIES DESIRE EXPEDITIOUS HEARING EASTERN DISTRICT HUMOR CORPORATION BERLINER SPECIALTY DISTRIBUTORS UNAVOIDABLE CONFLICT |
V I R G I N I A :
IN THE GENERAL DISTRICT COURT OF ARLINGTON COUNTY
CIVIL DIVISION
RAM AVRAHAMI,
Plaintiff,
v. Civil Action No. 95-7479
U.S. NEWS & WORLD REPORT, INC.,
Defendant.
MOTION FOR CONTINUANCE
COMES NOW the Defendant U.S. News and World Report, Inc.,
("U.S. News"), by counsel, and moves this court for a continuance
of this action until the next available date for hearing after
November 30, 1995 on the grounds set forth below:
1. This action was commenced by filing of Plaintiff's Motion
for Judgement on or about July 21, 1995. The two count motion for
judgement presents a novel issue of law: whether the renting of a
mailing list contains only plaintiff's name and address violates
Va. Code # 8.01-40.
2. A return date was set for August 21, 1995.
3. Both parties appeared at the return date and a trial was
thereafter set for November 27, 1995.
4. Plaintiff Avrahami subsequently began to prosecute this
action through the media, issuing press releases and discussing
this action and his claims in print, on radio, television and the
Internet.
5. U.S. News retained its counsel of record, David G. Fiske
and Michael J. Wendorf, during mid-October. A notice of appearance
and motion to stay were filed on October 25, and October 24, 1995
respectively.
6. Due to the nature of the action, U.S. News also filed a
SNIPPETS:
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13
.
ANS REQ
|
EXTRACTED KEY WORDS
DEFENSE AVRAHAMI JUDGE MOTION LAW COUNSEL DAILEY ARLINGTON REQUEST RAM AVRAHAMI NEWS REPORT TRADE PERMISSION HEARINGS JONATHAN PUBLICITY MAGAZINE WASHINGTON DELAY DIRECT MARKETING INDUSTRY FRUSTRATION CONSUMERS MISAPPROPRIATION UNRESTRICTED SOLICITING PROCEDURAL DELAYS SELL SUBSCRIBERS LAW OFFICES |
__________________________________________________________________________
Contact: Ram Avrahami
Address: 1001 N. Randolph/#110
Arlington, VA 22201
Telephone:(703) 908-9125
Facsimile:(703) 908-0186
AN ANSWER IS STILL REQUIRED
ARLINGTON, NOV. 27, 1995 -- Judge Karen Henenberg of the Arlington
County General District Court denied today the request of the defense
to stay the law suit filed by Ram Avrahami on July 21 this year
against U.S. News & World Report, for using his name for purposes of
trade without permission. The Judge, however, did grant the Motion for
Continuance filed by the defense six days ago, the basis for which was
the inability of Counsel for USN&WR to appear in Court today.
Counsel, David G. Fiske and Michael J. Wendorf, of Shaw, Pittman,
Potts & Trowbridge, who eventually did appear in Court, claimed that
even though they were hired a month and a half ago, they did not have
enough time to prepare for the case due to other obligations. The
judge decided, in the benefit of justice, to accept the request of
more time, and the trial was rescheduled to February 6, 1996.
The Judge rejected the attempt to avoid hearings in this case
altogether, asked by the defense until a higher Court hears a separate
motion filed by US News & World Report. Jonathan Dailey, Counsel for
the Avrahami, has also objected strongly to the attempt of the defense
to include in their arguments the publicity that the case received, as
an attempt to infringe his client's free speech. Dailey had already
filed an opposition to USN&WR's motion in the Circuit Court, and
hearings on that motion may start as early as mid December this year.
Avrahami said that he is a little surprised that the Court gave more
time to the defense. "I can't imagine why a large magazine and one of
the largest law firms in the Washington D.C. area can not be ready on
time to a trial day which is known more than three months in advance",
he said. "The attempts of the defense to delay the trial and deny
publicity show that the direct marketing industry does not understand
the frustration that many consumers feel, because of the
misappropriation of their names and the unrestricted soliciting that
result from it."
"At the end", Avrahami added, "after all procedural delays are
SNIPPETS:
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14
.
MOTION FOR STAY
|
EXTRACTED KEY WORDS
MOTION COURT VIRGINIA CODE DECLARATORY JUDGEMENT ARLINGTON COUNTY RAM AVRAHAMI REPORT DEFENDANT CIRCUIT COURT CIVIL DIVISION VIOLATED VIRGINIA CODE PLAINTIFF ALLEGES RENTING MAILING LISTS PENDING PROCEEDING GROUNDS SET FILING SOLE DECLARATORY JUDGEMENT PURSUANT HERETO EXHIBIT RES JUDICATA NOVO GRANTING CONSERVE JUDICIAL RESOURCES WHEREFORE PRAYS |
VIRGINIA:
IN THE GENERAL DISTRICT COURT OF ARLINGTON COUNTY
CIVIL DIVISION
RAM AVRAHAMI
Apartment 110
1001 North Randolph Street
Arlington, Virginia 22201
Plaintiff,
v. Civil Action No. 95-7479
U.S. NEWS & WORLD REPORT, INC.
2400 N Street N.W.
Washington, D.C. 20037,
Defendant.
MOTION FOR STAY
COMES NOW the defendant U.S. News & World Report, Inc. ("U.S.
News"), by counsel, and moves this court for a stay in this
proceeding on the grounds set forth below:
1. On or about August 21, 1995, Plaintiff Ram Avrahami
commenced this action by filing his Motion for Judgement against
Defendant.
2. At the return date of August 21, 1995, a trial date of
November 27, 1995 was set.
3. In his Motion for Judgement, Avrahami alleges that U.S.
News violated Virginia Code 8.01-40 by renting its mailing lists.
U.S. News alleged violation of Virginia Code 8.01-40 is Avrahami's
sole cause of action.
4. On October 24, 1995, U.S. News filed a Motion for
Declaratory Judgement pursuant to Virginia Code # 8.01-184 in the
Circuit Court of Arlington County, Civil Division. That action
seeks to determine whether renting of mailing lists violates
Virginia Code # 8.01-40. A true copy of the Motion for Declaratory
Judgement is attached hereto as Exhibit A.
SNIPPETS:
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15
.
PLAINTIFF OPPOSITION TO DEF MOT FOR STAY
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EXTRACTED KEY WORDS
MOTION DEFENDANT PLAINTIFF CIRCUIT COURT NEWS PROPER JURISDICTION FORUM DECLARATORY JUDGEMENT DEFENSE FILING JONATHAN DAILEY GENERAL DISTRICT COURT ARLINGTON COUNTY RAM AVRAHAMI REPORT COUNSEL SEEKING PURSUANT VIRGINIA CODE PLEADING LAW SEPARATE ACTION REASONS PROCEDURAL RUSE DEMURRER JUDICIAL RESOURCES NOVO EXPLICIT PROCEDURE |
V I R G I N I A :
IN THE GENERAL DISTRICT COURT OF ARLINGTON COUNTY
CIVIL DIVISION
RAM AVRAHAMI,
Plaintiff,
v. Civil Action No. 95-7479
U.S. NEWS & WORLD REPORT, INC.,
Defendant.
PLAINTIFF OPPOSITION TO DEFENDANT'S MOTION FOR STAY
COMES NOW the Plaintiff, Ram Avrahami, by counsel, and opposes
the Motion for Stay filed by Defendant U.S. News and World Report,
Inc., ("U.S. News") on the grounds as set forth herein.
ARGUMENT
This action was filed on July 21, 1995, seeking damages for
the misappropriation by Defendant of Plaintiff's name and/or
likeness pursuant to Virginia Code 8.01-40.<1> At the return date
of August 21, 1995, counsel for Defendant appeared in open court
and agreed to a trial date of November 27, 1995. Defendant has not
filed a formal answer, pleading or dispositive motion in this case.
In what amounts to an attempt by Defendant to enjoin
Plaintiff's right to an action at law, on or about October 24,
1995, a full three months after Plaintiff filed this action,
Defendant U.S. News filed a Motion for Stay. The essential basis
for Defendant's motion is that Defendant filed a separate action in
chancery in Arlington County Circuit Court seeking to adjudicate
the same issue before this Court. Defendant's Motion for Stay
should be denied for the following reasons: (1) this court has
proper jurisdiction over Plaintiff's claim and Defendant has failed
to remove the case to Circuit Court; (2) the motion is a procedural
ruse to have Plaintiff's cause decided in Defendant's forum and on
Defendant's position; and (3) Plaintiff filed a demurrer to
Defendant's Motion for Declaratory Judgement, attached hereto as
Plaintiff's Exhibit 1.
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PLAINTIFF MOTION FOR SUMMARY JUDGMENT
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EXTRACTED KEY WORDS
PLAINTIFF VIRGINIA COMMERCIAL BENEFIT COURT DAMAGES NEWS LIKENESS WRITTEN CONSENT JUDGEMENT SMITHSONIAN LISTS PURPOSES TRADE MOTION VIOLATION SUPREME COURT VIRGINIA CODE OBTAINING LAW DISPUTE MATTER SUMMARY JUDGMENT EXERCISED DOMINION EXHIBIT PROPERTY RIGHTS SMITHSONIAN MAGAZINE INJURY EXCHANGE MAILING LISTS |
V I R G I N I A :
IN THE GENERAL DISTRICT COURT OF ARLINGTON COUNTY
CIVIL DIVISION
RAM AVRAHAMI,
Plaintiff,
v. Civil Action No. 95-7479
U.S. NEWS & WORLD REPORT, INC.,
Defendant.
PLAINTIFF MOTION FOR SUMMARY JUDGMENT
COMES NOW the Plaintiff, Ram Avrahami, by counsel, pursuant to
Rule 3:18 of the Rules of the Supreme Court of Virginia, and moves
this Honorable Court for summary judgment against the Defendant,
U.S. News and World Report, Inc., ("U.S. News") on the grounds as
set forth herein.
This action was filed on July 21, 1995, seeking damages
pursuant to Virginia Code 8.01-40 for the misappropriation by
Defendant of Plaintiff's name and/or likeness. On or about October
24, 1995, Defendant U.S. News filed a Motion for Stay which was
denied in open court on or about November 27, 1995. Plaintiff now
moves for summary judgment on the following grounds: (1)
Plaintiff's name and/or likeness was used by Defendant for the
purposes of trade without having first obtained the written consent
of Plaintiff in direct violation of Virginia Code Section 8.01-
40(A); and (2) Defendant exercised dominion over Plaintiff's
property by using his name and/or likeness for a commercial benefit
without his permission.
STANDARD OF REVIEW
A summary judgment motion is proper in cases in which the only
dispute concerns a pure question of law. General Accident Fire &
Life Assurance Corp. v. Cohen, 203 Va. 810, 127 S.E.2nd 399 (1962).
The rule was adopted to permit trial courts to expedite litigation
where it appears that one of the parties is entitled to judgment as
a matter of law within the framework of the case. Simpson v.
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DEF RESPONSE TO PLTFFS MOTION
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EXTRACTED KEY WORDS
MOTION SUMMARY JUDGMENT NEWS AVRAHAMI GENERAL DISTRICT COURT REPORT FACTS CIRCUIT COURT DISCOVERY VIRGINIA DIRECT MAIL COMMONWEALTH COUNSEL PROVISION PLAINTIFF GRANT MAIL PREFERENCE SERVICE PARTIES LAW PLEADINGS JUDICIAL NOTICE CONSUMER REPORTS ARLINGTON COUNTY SUPPORT MERITS SMITHSONIAN MAGAZINE MEDIA PUBLICITY FILING |
V I R G I N I A :
IN THE GENERAL DISTRICT COURT OF ARLINGTON COUNTY
RAM AVRAHAMI, :
:
Plaintiff, :
:
v. : Case No. 95-7479
:
U.S. NEWS & WORLD REPORT, INC., :
:
Defendant. :
DEFENDANT'S RESPONSE TO PLAINTIFF'S
MOTION FOR SUMMARY JUDGMENT
Plaintiff Ram Avrahami ("Avrahami") has filed with this Court
a document entitled "Plaintiff's Motion for Summary Judgment"
("Avrahami's Motion"), citing as authority Rule 3:18 of the Rules
of the Supreme Court of Virginia. Avrahami's Motion should be
denied because it is procedurally groundless and wholly devoid of
factual support. Rule 3:18 does not apply to courts not of record,
and there is no factual record on which to even consider summary
judgment in General District Court. U.S. News & World Report, Inc.
("U.S. News") does not address herein the substantive merits of
Avrahami's Motion but reserves the right to do so in the event the
Court so directs and the motion is properly noticed for a hearing.
BACKGROUND
On or about July 21, 1995, Avrahami filed a two-count Motion
for Judgment in this Court, alleging that U.S. News violated
Virginia Code section 8.01-40 and committed common-law conversion
by renting a mailing list containing Avrahami's name to the
Smithsonian magazine which name the Smithsonian then used to send
to him a direct mail solicitation. On the return date of August
21, 1995, a trial date of November 27, 1995 was set. Thereafter,
U.S. News moved to stay this action on the grounds that a
Declaratory Judgment action in the Circuit Court of Arlington
County was pending.<1> Avrahami opposed the motion, arguing that
he wanted his day in General District Court -- the forum he chose.
The Court denied U.S. News' Motion to Stay. Thereafter, the trial
date was continued to February 6, 1996.
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DEFENDANT MOTION TO QUASH SUBPOENA
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EXTRACTED KEY WORDS
SUBPOENA COURT DISTRICT COURT DEFENDANT SUBPOENA DUCES TECUM VIRGINIA GENERAL DISTRICT COURT REPORT AVRAHAMI COUNSEL WASHINGTON VSB ARLINGTON COUNTY QUASH RAM ADMINISTRATIVE ASSISTANT ALLEGES LAW JURISDICTION HORNBOOK LAW WITNESSES EQUALLY INADEQUATE NEWS OBJECTS UNDULY BURDENSOME OVERBROAD CONFIDENTIAL BUSINESS INFORMATION DISPUTE SUBSCRIBERS FOREGOING REASONS |
V I R G I N I A :
IN THE GENERAL DISTRICT COURT OF ARLINGTON COUNTY
RAM AVRAHAMI, :
:
Plaintiff, :
:
v. : Case No. 95-7479
:
U.S. NEWS & WORLD REPORT, INC., :
:
Defendant. :
DEFENDANT U.S. NEWS' MOTION
TO QUASH SUBPOENA DUCES TECUM
Defendant U.S. News & World Report, Inc. ("U.S. News") hereby
moves this Court pursuant to Va. Code # 8.01-277 to quash the
subpoena duces tecum which was mailed by plaintiff Ram Avrahami
("Avrahami") to counsel for U.S. News in Virginia and handed to an
administrative assistant for U.S News in the District of Columbia.
This action was commenced in July 1995. Avrahami alleges that
defendant U.S. News violated Va. Code # 8.01-40 and committed
common law conversion by "renting" a mailing list allegedly
containing Avrahami's name to the Smithsonian magazine.
Trial has been scheduled for February 6, 1996. on January 16,
1996, Avrahami mailed a copy of a subpoena duces tecum to counsel
for defendant U.S. News in Virginia and subsequently, on January
25, 1996, had it delivered to a U.S. News administrative assistant
in Washington, D.C. A copy is attached hereto as Exhibit A.
Virginia Code # 16.1-69.25 provides that a district court
judge may issue subpoenas "within the scope of his general
jurisdiction within the area which his court serves...."
Washington, D.C. is beyond the jurisdictional reach of the General
District Court of Arlington County. Consequently, the General
District Court does not have the power to enforce a subpoena duces
tecum served in Washington, D.C. Indeed, it is hornbook law that
"(s)ervice of a subpoena of a state court outside the state where
it is issued is a nullity...." 97 C.J.S. Witnesses #23 at 375
(1957) (footnote omitted). The mailing of a copy to U.S. News'
counsel in Virginia is equally inadequate. It is well settled
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DEF TRIAL BRIEF
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EXTRACTED KEY WORDS
PURPOSES TRADE COURT VIRGINIA LISTS LIST EXCHANGE SUBSCRIBERS SMITHSONIAN MAGAZINE ADVERTISING PURPOSES CONSENT PRIVACY ACT RAM PUBLICATION LAW AVRAHAMI MAILING LISTS SELL SUBSCRIPTIONS TRANSACTION PHOTOGRAPH EXCEPTIONS ARLINGTON WRITTEN CONSENT LIST EXCHANGE AGREEMENT COMMERCIAL EXPLOITATION UNAUTHORIZED SALE ARRINGTON ARLINGTON COUNTY PUBLISHING COMPANIES EXCHANGING |
V I R G I N I A:
IN THE CIRCUIT COURT OF ARLINGTON COUNTY
U.S. NEWS & WORLD REPORT, INC., |
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Plaintiff, |
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v. | At Law No. 95-1318
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RAM AVRAHAMI, |
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Defendant. |
RAM AVRAHAMI'S TRIAL BRIEF
Ram Avrahami's name is his personal property. Virginia law
prohibits anyone else from using his name for advertising purposes or
purposes of trade without Mr. Avrahami's written consent. In violation
of Virginia law, U.S. News & World Report has so used Mr. Avrahami's
name.
On April 12, 1995, U.S. News shipped a mailing list of 100,000 names
and addresses to the Smithsonian Magazine. U.S. News made the shipment
under a List Exchange Agreement that the two publishing companies had
made on March 3, 1995. The transaction was for advertising purposes and
for purposes of trade. U.S. News wanted to sell subscriptions to readers
of the Smithsonian Magazine. The Smithsonian Magazine wanted to sell
subscriptions to readers of U.S. News. By exchanging their subscriber
lists, the two publications acquired the names and addresses of
prospective new customers to whom they could send promotional materials.
The mailing list shipped by U.S. News included Mr. Avrahami's name
and address, although his name was misspelled Ram Avrahani. Mr. Avrahami
introduced the misspelling when he subscribed to U.S. News so that he
could identify U.S. News as the source of any mail solicitations he
received with his name misspelled in that way. Mr. Avrahami soon
received a mail solicitation from the Smithsonian Magazine, addressed to
his home, with his name misspelled Avrahani. Subsequently, he received
solicitations from other organizations with his name identically
misspelled.
Mr. Avrahami seeks an injunction restraining U.S. News from
continuing to sell, lease or trade his name without his consent. U.S.
News, in contrast, seeks a declaratory judgment that it may continue to
sell, lease and trade Mr. Avrahami's name, irrespective of whether he has
consented. This Trial Brief will show why the Court should grant Mr.
Avrahami's request for an injunction and deny U.S. News' request for a
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