Home Design Services vs. Lake Diamond Assoc, Et Al - Frydman Fraud

Case 5:03-cv-00347-WTH-G RJ Document 1
Filed 10/07/03 Page 1 of 10
UNITED STATES DISTRICT COURT FOR THE

MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
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HOME DESIGN SERVICES, INC.,
Plaintiff,
vs.
LA KE DIAMOND ASSOCIATES, LLC,
SIGNATURE CONSTRUCTION OF OCALA, NC.,
ROBERT C. BREWSTER AND RACHEL RANDOLPH,
Defendants.
CASE NO.
)
COMPLAINT - INJUNCTIVE RELIEF SOUGHT
Plaintiff sues Defendants and alleges:

JURISDICTION AND VENUE
I . This action arises under the federal Copyright Act of 1976, Title 17, United States
Code. Jurisdiction is founded on Title 28, United States Code, Section 1338(a).
Venue is conferred by Title 28, United States Code, Section 1400(a).
THE PART1ES
2.
Plaintiff
is a corporation, organized and existing
pursuant to the laws of the State of Florida, with its principal place of business at 580
Cape Cod Lane, Suite 9, Altamonte Springs, Florida 32714.
3.
Defendant
LAKE DIAMOND ASSOCIATES,
LLC, is a corporation, organized and existing
pursuant to the laws of the States of Florida and New York, with its principal address
at 111 Fulton St., 41h Floor, New York, NY.
4.
Defendant SIGNATURE CONSTRUCTIONOF OCALA,
NC., is
a corporation, organized and
existing pursuant to the laws of the State of Florida, with it's principal place of business
Case 5:03-cv-00347-WTH-GRJ Document 1
Filed 10/07103 Page 2 of 10
at 405 S.E. 52"d Avenue, Ocala, Florida.

5.
Defendant ROBERT C. BREWSTER is a citizen of the United States, who, upon

information and belief is residing at 405 S.E. 52nd Avenue, Ocala, Florida.
6.
Defendant RACHEL RANDOLPH is a citizen of the United States, who, upon
information and belief is residing at 2425 S.W. 3r<1 Avenue, Ocala, Florida.
Count I
7.
Plaintiff realleges paragraphs 1 through 6 above.
8.
Plaintiff is the creator and original owner of an original architectural work entitled
98/1278 (hereinafter the "Work"), a copy of the base floor plan of which is attached
hereto as Exhibit A.
9.
The Work was originally created by Plaintiff in or around 1999.
I 0. Plaintiff complied in all respects with the Federal Copyright Act and all other laws
governing copyright, and secured the exclusive rights and privileges in and to the
copyright of the Work and received from the Register of Copyrights certificates of
registration, dated and identified as follows: "March 26, 2003, Va l -181-660" and
"March 26, 2003, Va 1-181-66I". Said certificates of registration are attached hereto
as Composite Exhibit B.
11.
Plaintiff is the owner of the entire right, title and interest in and to the Work, and in
and to the copyright thereon and the registration thereof.
12.
After the Work was created, the Defendants infringed said copyright by advertising,
designing, constructing and participating in the construction of multiple residences, all
of which were copied largely from Plaintiff s copyrighted Work. At least one of the
Defendants' infringing designs is entitled the "Stratford", a representative copy of which
Case 5 :03-cv-00347-WTH-G RJ Document 1
Filed 10/07/03 Page 3 of 10
is attached hereto as Exhibit C.
13. Plaintiff is entitled to recover its actual damages incurred as a result of the
Defendants' infringing activities, as well as any profits of the Defendant infringers.
l 4. In the alternative, Plaintiff is entitled to recover statutory damages of up to $150,000.00
from each infringer for each act of infringement.
15.
Any continued unauthorized and infringing use by the Defendants of the copyrighted
Work will, unless enjoined, cause irreparable harm. damage and injury to the Plaintiff
in that the advertisement and construction of any additional structures based upon
Plaintiff's copyrighted architectural Work will severely diminish the value of
the
original work, constitute unfair competition with Plaintiff's exclusive right to the use
and sale of the Work and dilute the market for the Work.
16.
Plaintiff has employed the services of the law firm of Parrish, White & Lawhon, P.A.
to prosecute this action and has agreed to pay same a reasonable fee.
WHEREFORE, Plaintiff requests the following relief:

A.
That Defendants, their agents, employees, successors and assigns and all those holding
with, through or under them, or acting on their behalf, be preliminarily enjoined from
infringing the aforementioned copyright, from constructing any structure based upon the
Work and from reproducing or otherwise distributing or selling the Work in whole or
in part.
B.
That Defendants be required to pay to Plaintiff such damages as Plaintiff has sustained
in consequence of Defendants' infringement of Plaintiff s copyright and Defendants'
unfair trade practices and unfair competition and to account for all:
a.
Gains, profits and advantages derived by Defendants through such trade practices
Case 5:03-cv-00347-WTH-GRJ
Document 1 Filed 10/07/03 Page 4 of 10
and unfair competition; and

b.
Gains, profits and advantages derived by the Defendants through their

infringement of Plaintiff's copyright.
C.
That Defendants, in the alternative to B. above, be required to pay statutory damages for
infringement of Plaintiff's Work.
D.
That Defendants be required to pay to Plaintiff the costs of this action and
reasonable attorney's fees to be allowed Plaintiff by the court
E.
Such other and further relief as is just.
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D. rrish,
Esquire
Florida Bar Number 984329
Floyd S. Yarnell, Esquire
Florida Bar Number 184209
Parrish, White& Lawhon, P.A .
Attorneys for Plaintiff
3431 Pine Ridge Road, Suite I 01
Naples, Florida 34109
239/566-201 3
Facsimile 239/566-9561
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Document 1
---=LA;..::;K..:
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1----Selling Price
$189,900
"Stratford" Lake Diamond Ave.

(352) 687-8500
Filed 10/07/03 Page 10 of 10
DIAMOND ASSQI;.
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LIC. t CGC06259
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LA-----...PU
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Features
Elegant contemporary home offers laminate and tile flooring, Mohawk carpet,
- - cabinets, tile countertops, upgraded landscaping and a pool with
sure. Designed for relaxed living and entertainment, this home offers
exciting extras.
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19'11 1Jl't
.-a: ,
Directions: (Lake Diamond
to Midway turn left follow s1
Case 5:03-cv-00347-WTH-GRJ Document 48 Filed 02/14/06 Page 1of 2 PagelD 191
UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA OCALA
DIVISION
Plaintiff,
-vs-
Case No. 5:03-cv-347-0c-lOGRJ
LAKE DIAMOND ASSOCIATES, LLC,

SIGNATURE CONSTRUCTION OF OCALA,
INC., ROBERT C. BREWER, RACHEL
RANDOLPH,
Defendants.
JUDGMENT IN A CIVIL CASE

Decision by Court.
This action came before the Court. The issues have been tried or heard
and a decision has been rendered.
IT IS ORDERED AND ADJUDGED

Pursuant to the Court's Order entered on February 13, 2006 this case is dismissed
with prejudice, each party to bear their own attorney's fees and costs.
Date: February 14,

2006
SHERYL L. LOESCH, CLERK
By:
Copies furnished to:
Counsel of Record
Unrepresented Parties
L. Fannin
L. Fannin, Deputy Clerk

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Case 5:03-cv-00347-WTH-G RJ Document 1

Filed 10/07/03 Page 1 of 10

UNITED STATES DISTRICT COURT FOR THE

HOME DESIGN SERVICES, INC.,

Plaintiff sues Defendants and alleges:

HOME DESIGN SERVICES, INC.,

is a corporation, organized and existing

LAKE DIAMOND ASSOCIATES,

LLC, is a corporation, organized and existing

Defendant SIGNATURE CONSTRUCTIONOF OCALA,

a corporation, organized and

Case 5:03-cv-00347-WTH-GRJ Document 1

Filed 10/07103 Page 2 of 10

at 405 S.E. 52"d Avenue, Ocala, Florida.

Defendant ROBERT C. BREWSTER is a citizen of the United States, who, upon

Defendant RACHEL RANDOLPH is a citizen of the United States, who, upon

Plaintiff realleges paragraphs 1 through 6 above.

The Work was originally created by Plaintiff in or around 1999.

Case 5 :03-cv-00347-WTH-G RJ Document 1

Filed 10/07/03 Page 3 of 10

is attached hereto as Exhibit C.

WHEREFORE, Plaintiff requests the following relief:

Document 1 Filed 10/07/03 Page 4 of 10

and unfair competition; and

Gains, profits and advantages derived by the Defendants through their

Such other and further relief as is just.

_ .._ .....,....._ *_ ............

)01") 00H SJIH3S 3'1liNl>ld

"Stratford" Lake Diamond Ave.

Filed 10/07/03 Page 10 of 10

Directions: (Lake Diamond

to Midway turn left follow s1

Case 5:03-cv-00347-WTH-GRJ Document 48 Filed 02/14/06 Page 1of 2 PagelD 191

UNITED STATES DISTRICT COURT

Case No. 5:03-cv-347-0c-lOGRJ

LAKE DIAMOND ASSOCIATES, LLC,

JUDGMENT IN A CIVIL CASE

IT IS ORDERED AND ADJUDGED

Date: February 14,

SHERYL L. LOESCH, CLERK

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