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Casablanca - SAC With Exhibits
Casablanca - SAC With Exhibits
27 under the Lanham Act (15 U.S.C. §1125(a)(1)(B)) and the Racketeer Influenced
28 and Corrupt Organizations Act (“RICO”) (18 U.S.C. §1962(a), (b), (c)).
Second Amended Complaint 1
Case 2:23-cv-02155-ODW-PD Document 40 Filed 04/10/24 Page 2 of 54 Page ID #:494
1 CBDF, and Closet World, each of which are all wholly owned subsidiaries. All
2 four companies have their principal place of business at the same location and
3 Frank Melkonian is the CEO of all four. The corporate Defendants admit they are
4 “affiliated” and, as alleged below, they coordinate their advertising. To reasonable
5 consumers, Closets by Design and Closet World appear to be competitors. They
6 are, in fact, collaborators.
7 10. The corporate Defendants have intentionally created an enterprise
8 through which they act for the common purpose of decreasing their customer
9 acquisition costs and increasing their sales by diverting business from their
10 competitors through the distribution and publication of advertising via the mail and
11 worldwide web that each Defendant knows is literally false.
12 11. The corporate Defendants’ concerted, fraudulent conduct over the
13 course of at least two years is mail and wire fraud and is a pattern of racketeering
14 activity. The object of their fraud is the money each receives from sales to
15 customers who their false advertising diverts from their competitors.
16 III. The Parties
17 12. Plaintiff Casablanca is a California corporation with its principal place
18 of business in Torrance, California. Casablanca does business as “Interior Door &
19 Closet Company.” Casablanca conducts its business affiliated with One Day
20 Enterprises, LLC, the manufacturer of the custom doors and closets Casablanca
21 sells.
22 13. Defendant Closets by Design is a California corporation that has its
23 principal place of business at 3860 Capitol Avenue in Whittier, California. Closets
24 by Design licenses to CBDF the right to use and sublicence its Closets by Design®2
25
26 2
CBDF distinguishes between Closets by Design, Inc., the corporation, from
the “Closets by Design” brand by affixing the trademark symbol to the latter
27 (“Closets by Design®”). Casablanca adopts that distinction and designation as well.
28
Second Amended Complaint 4
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1 trademark.
2 14. Defendant CBDF is a California corporation that, according to its
3 most recent Statement of Information filed with the California Secretary of State,
4 also has its principal place of business at 3860 Capitol Avenue in Whittier,
5 California. CBDF is a licensed franchisor that sublicenses the Closets by Design®
6 trademark to independently owned and operated Closets by Design® franchisees
7 throughout the United States.
8 15. Defendant Closet World is a Delaware corporation that also has its
9 principal place of business at 3860 Capitol Avenue in Whittier, California.
10 16. Defendant Frank M. Melkonian, aka Varant Melkom Agob, is an
11 individual who resides in Los Angeles County. Melkonian is the Chief Executive
12 Officer of Closets by Design, CBDF, and Closet World and is the Chairman and
13 CEO of Home Organizers.
14 17. The true names and capacities of the Defendants sued as Does 1
15 through 10 are currently unknown and so Casablanca sues them under fictitious
16 names. Casablanca is informed and believes that each of these Defendants is
17 responsible in some manner for the wrongful acts alleged and that each caused
18 Casablanca harm.
19 IV. Jurisdiction and Venue
20 18. This Court has subject matter jurisdiction under 15 U.S.C. §1121(a)
21 (Lanham Act), 18 U.S.C. §1965(a) (RICO), and 28 U.S.C. §1331 (federal
22 question). This Court has personal jurisdiction over each corporate Defendant
23 because each has its principal place of business in this district. In addition, each
24 Defendant engages in substantial business in this district, and each have
25 committed, and are now committing, Lanham Act and RICO violations that have
26 caused, and are now causing, Casablanca harm in this district.
27 19. Venue is proper in this judicial district under 28 U.S.C. §1391(b)
28 because each Defendant resides in this district and is where a substantial part of the
Second Amended Complaint 5
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1 to sell other types of franchises. Immediately thereafter CBDF asserts that Closet
2 World is a CBDF “affiliate” that owns four (4) locations “that are equivalent to
3 those offered under this Disclosure Document under the mark ‘Closet World’.”
4 (emphasis added). CBDF then asserts, on behalf of Closet World, that Closet
5 World “has no current plans to operate more company-owned locations or to offer
6 franchises.”
7 34. The content and appearance of Closet World’s closetworld.com
8 website, its social media, and advertising is in all material respects the same as
9 Closets by Design’s closetsbydesign.com website, social media, and advertising.
10 35. Closet World advertises its products using, among many other means,
11 advertising “wraps” inside which are advertising flyers for various retailers, all of
12 which are inserted as a package into newspapers at least weekly. The corporate
13 Defendants create their wrap with the front cover being an advertisement for
14 Closet World and the back cover an advertisement for Closets by Design.
15 Appearing on the Closet World advertisement is an embedded Closets by Design
16 advertisement. Closets by Design claims copyright in the entire wrap, as evidenced
17 by its copyright notice. Exhibit 3. These joint advertising wraps have been, and are
18 now, distributed through the Los Angeles Times and, on information and belief,
19 other newspapers as well.
20 36. Closet World also advertises on Google’s search engine platform.
21 Google’s Ads Transparency Center reveals that every Closet World advertisement
22 originates from Closets by Design, which Google identifies as the “advertiser.”
23 Exhibit 4. Closet World’s false advertising via Google has been viewed numerous
24 times by Southern California residents and is currently viewable in Southern
25 California.
26 37. Closet World also advertises through Meta Platforms, Inc., (“Meta”)
27 the owner of the Facebook and Instagram social media platforms. Closet World’s
28 false advertising via Facebook and Instagram has been viewed numerous times by
Second Amended Complaint 9
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1 contains a hyperlink that resolves to a dedicated, internal page on the website that
2 displays the phone number of the CBDF franchisee doing business in that area and
3 the products it offers. CBDF terms this promotional webpage a “click through
4 subpage.”
5 49. Closets by Design publishes a “Schedule Requests” section on its
6 website that any visitor throughout the United States may use to contact Closets by
7 Design so it can schedule an appointment with that potential customer and itself or
8 with the geographically appropriate Closets by Design® franchisee.
9 50. Closets by Design publishes a “Connect With Us” section on its
10 website that lists YouTube, Facebook, Twitter, and Instagram. The name of each
11 social media platform contains a hyperlink to the Closets by Design account on
12 that platform. On each platform Closets by Design publishes a hyperlink back to
13 the homepage of its website.
14 51. Each Closets by Design® franchisee directly benefits from Closets by
15 Design and CBDF’s false advertising because (1) the 40% Off sale offer is
16 published on each of their click through subpages on Closets by Design’s website,
17 (2) Closets by Design provides each franchisee with customer scheduling
18 assistance via its website, and (3) Closets by Design publishes its 40% Off sale
19 offer through its social media accounts viewable by potential customers in the
20 geographic area serviced by each franchisee. A representative sample of the first
21 page for each of the franchisee’s click through subpage is attached as Exhibit 6.
22 52. According to Google’s Ad Transparency Center, Closets by Design is
23 the “advertiser” of Closet World’s sponsored advertising on its search engine
24 platform. Exhibit 4. Given Closets by Design’s knowledge of the False
25 Advertising Injunction and acting as Closet World’s advertiser for that company’s
26 advertising via Google, Closets by Design is “acting by, through, or under or on
27 behalf of Closet World” and so is bound by and violating the False Advertising
28 Injunction.
Second Amended Complaint 12
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1 C. CBDF
2 53. CBDF was also formed in February 2001. CBDF asserts in its 2023
3 FDD that it acquired the assets of its predecessor Closets By Design Franchising,
4 LLC, which, CBDF asserts, first began selling Closets by Design franchises in
5 January 1998.
6 54. CBDF asserts in its 2023 FDD that in April 2001 it acquired a license
7 from Closets by Design to use and sublicense its Closets by Design® trademark.
8 CBDF asserts the license is exclusive, perpetual, worldwide, and terminable only if
9 CBDF becomes bankrupt, materially breaches, or sells substantially all its assets or
10 50% or more of its voting stock to an unaffiliated third party.
11 55. CBDF asserts in its 2023 FDD that in June 2001 it began offering
12 Closets by Design® franchises for sale for the operation of retail outlets that sell,
13 manufacture, and install closets, home/office organizers and related products.
14 56. CBDF asserts in its 2023 FDD that at the end of 2022 there were
15 seventy-two (72) Closets by Design® franchises in the United States. Franchisees
16 are required to do business under the assumed business name “Closets By Design.”
17 CBDF Franchise Agreement at ¶15.05.
18 57. CBDF’s 2020, 2022, and 2023 FDD’s reveal that CDBF charged and
19 received from each franchisee a monthly “Continuing Royalty” of the greater of
20 6.75% of the franchisee’s previous month’s gross revenues or a minimum royalty
21 of $3,000. CBDF’s monetary liability for this false advertising enterprise is, at
22 least, all the profits it received from its franchisees’ continuing royalty payments.
23 15 U.S.C. §1117(a).
24 58. CBDF asserts in its 2023 FDD that at the end of 2022 there were six
25 (6) Closets By Design® outlets “Owned by CBDI and CBDF.” The acronym
26 “CBDI” denotes Closets by Design. CBDF refers to these non-franchised outlets as
27 “Company Owned Outlets.” CBDF asserts these jointly-owned outlets are operated
28 by Closets by Design. As joint owner of these Closets By Design® outlets, CBDF
Second Amended Complaint 13
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1 is directly liable for their false advertisements. One of those jointly owned Closets
2 By Design® outlets is located in Whittier, California and directly competes with
3 Casablanca.
4 (i) Closets by Design and Closet World are CBDF “Affiliates”
5 59. CBDF asserts in its 2020, 2022, and 2023 FDD’s that Closets by
6 Design and Closet World are CBDF “Affiliates.” See, FDD Item 1 for Closets by
7 Design and FDD Item 12 for Closet World.
8 60. CBDF’s Franchise Agreement attached to those FDD’s contains many
9 provisions that bind its Affiliates, confer rights to its Affiliates, and protect its
10 Affiliates. As CBDF Affiliates, Closets by Design and Closet World are third party
11 beneficiaries to the Franchise Agreement, or are otherwise privileged under that
12 Agreement, and are entitled to enjoy, and do enjoy, certain contractual rights and
13 protections under that Agreement.
14 61. CBDF’s Franchise Agreement declares: “Within the Territory, we, our
15 affiliates, subsidiaries and designees (together, the “Affiliates”) will not operate a
16 Company-owned business of the type franchised under this Agreement under the
17 Proprietary Marks, so long as you are not in default under this Agreement and all
18 other related agreements, and except as provided in Section 3.05 (‘Rights We
19 Reserve’).” ¶3.02 (emphasis added).
20 62. CBDF’s Franchise Agreement contains a section entitled “Rights We
21 and our Affiliates Reserve.” ¶3.05. That section lists various rights and is prefaced
22 by the declaration: “You will only have the right to operate the franchised Business
23 subject to the terms and conditions of this Agreement. We specifically reserve all
24 other rights to ourselves and our Affiliates. For example, and without limitation,
25 we and our Affiliates have the right, now or in the future: … .” ¶3.05 (listing
26 rights) (emphasis added). One right most relevant is the right “[t]o offer and sell
27 services and products within the Territory that is not part of the Closets By Design
28 System through any distribution method, exploiting our and our Affiliates’
Second Amended Complaint 14
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1 CBDF has long known of the False Advertising Injunction. Nonetheless, in April
2 2019, CBDF asserted in a public document that neither it “nor any of its parent
3 companies, sister entities, or affiliates have ever been compelled by a court order to
4 alter their advertising practices.” (emphasis added). That assertion is false.
5 (ii) CBDF Controls Closets by Design® Pricing
6 70. CBDF’s Franchise Agreement reserves to CBDF “rights with respect
7 to the pricing of products and services to the fullest extent permitted by then
8 applicable law.” ¶7.09. Those CBDF rights include: “… recommending retail
9 prices; advertising specific retail prices for some or all products or services sold by
10 your franchised Business, which prices you will be compelled to observe; engaging
11 in marketing, promotional and related campaigns which you must participate in
12 and which may directly or indirectly impact your retail prices (such as ‘buy one,
13 get one free’); and, otherwise mandating, directly or indirectly, the maximum
14 and/or minimum retail prices which your franchised Business may charge the
15 public for the products and services it offers.” Id. (emphasis added).
16 71. CBDF’s Asset Purchase Agreement requires franchisees acknowledge
17 that CBDF is selling access to its trade secrets and proprietary information which
18 CBDF asserts includes information “related to customers, the identities of existing,
19 past or prospective customers, prices charged or proposed to be charged to
20 customers…” and other information. ¶7.5(b) (emphasis added).
21 72. The Federal Trade Commission responded on February 15, 2023 to a
22 Freedom of Information Act Request from Casablanca’s counsel. The response
23 included information on twenty-five complaints filed against Closets by Design.
24 One such complaint was filed with the FTC Call Center on September 7, 2021. The
25 FTC notes on that call state: “Consumer was in training to sell closets for Closets
26 by Design she is informed that she is to tell her customers that they will be getting
27 40% off the cabinetry, When she confronted him, he explained that the 40% is
28 added into the price given to the consumer so that it can be knocked off.
Second Amended Complaint 16
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1 Consumer upset that this is deceptive. Says this is a franchise all over Chicago
2 area. This disturbed her so much, she did not go further with the training.” (errors
3 in original). This is additional evidence that the corporate Defendants’ false
4 advertising is intentional, willful, and malicious.
5 73. CBDF’s Franchise Agreement declares that upon termination, the
6 franchisee must immediately stop using CBDF’s “price book information” and
7 return that information to CBDF. ¶18.01(4), (8).
8 (iii) CBDF Controls Closets by Design® Print Advertising
9 74. CBDF’s Franchise Agreement requires franchisees “to conform all
10 advertising to the standards, specifications and requirements specified in writing by
11 us, in our Manual or otherwise.” ¶10.01. To punctuate CBDF’s control of the
12 advertising it discloses in its FDD that it uses “in-house advertising personnel” and
13 intends to engage advertising and public relations firms to assist in its advertising
14 program.
15 75. CBDF’s Franchise Agreement requires franchisees to advertise
16 locally. ¶10.06. Franchisees may only use advertising CBDF furnishes or approves
17 in writing in advance. ¶¶10.01, 10.02.
18 76. CBDF’s Franchise Agreement requires franchisees to pay into a
19 National Promotion and Protection Fund. ¶10.04. Franchisees are required to send
20 those payments directly to CBDF, which takes 15% annually as an administration
21 fee. CBDF’s 2020, 2022, and 2023 FDD’s declares: “CBDF uses the National
22 Promotion and Protection Fund for preparation, production and distribution of
23 Closets By Design advertising (including print media pieces, brochures and
24 collateral materials), press releases and other point of sale materials.” CBDF’s
25 Franchise Agreement declares that CBDF “will direct all advertising programs
26 with sole control over the creative concepts, materials and media used in the
27 programs, and the placement and allocation of advertising.” ¶10.04.
28 77. CBDF advertises heavily via direct mail marketing based on the
Second Amended Complaint 17
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1 bankruptcy petition it filed on March 18, 2010 in the Bankruptcy Court for the
2 Central District of California (Case 2:10-bk-19973-RN). The Schedule F to that
3 petition reveals CBDF was in debt to at least six direct mail marketing companies:
4 Val-Pak Direct Marketing Systems ($273,100), Valassis Direct Mail Inc.
5 ($134,141), Money Mailer ($57,273), National Ad Fund ($62,826), Action
6 Marketing ($17,100), and Homeowners Marketing Services ($552).
7 (iv) CBDF Controls Closets by Design® Internet Advertising
8 78. CBDF’s Franchise Agreement declares: “CBDF alone may establish,
9 maintain, modify or discontinue all internet, worldwide web and electronic
10 commerce activities pertaining to the System, including through the use of a page
11 or profile on a social media website such as Facebook, Instagram, Linkedin or
12 Twitter. Franchisees and their employees are not allowed to establish their own
13 profiles on any social media page reflecting the Closets by Design brand, nor are
14 they allowed to establish any Closets by Design related web page.” ¶3.04D.
15 79. CBDF’s Franchise Agreement declares: “We may provide you with a
16 ‘click through’ subpage on any general Closets By Design web site we maintain. If
17 we establish one or more websites or other modes of electronic commerce and if
18 we provide a ‘click through’ subpage at each such website for the promotion of
19 your Closets By Design Business, you agree to routinely provide us with updated
20 copy, photographs and news stories about your franchised Business suitable for
21 posting on your franchised Business’s ‘click through’ subpage, the content,
22 frequency and procedure of which will be specified in our Manual.” ¶3.04D.
23 80. Notwithstanding CBDF’s assertion in its FDD’s that it may provide its
24 franchisees with a “click through subpage” on a website that it maintains, that
25 service is provided by Closets by Design via its closetsbydesign.com website.
26 Exhibits 5, 6.
27 81. All the Closets by Design® online advertising that Closet by Design
28 publishes on its website and through its social media accounts are not only for its
Second Amended Complaint 18
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1 benefit but also for the benefit of the Company Owned Outlets and CBDF and its
2 franchisees. By virtue of creating the false advertising complained of herein, and
3 paying for its distribution and publication, CBDF is directly liable for that false
4 advertising. CBDF’s management and control of, and participation in, that
5 advertising is also contributory false advertising. In re Outlaw Lab., LLP., 463
6 F.Supp.3d 1068, 1082-83 (S.D. Cal. 2020).
7 (v) CBDF’s Advertising Expenditures
8 82. CBDF’s 2020, 2022, and 2023 FDD’s disclose that its Promotion and
9 Protection Fund had $4,325,085 in it in 2019, in 2021 it had $4,260,464, and in
10 2022 it had $4,374,001.
11 83. The Notes to the Financial Statements in CBDF’s 2020, 2022, and
12 2023 FDD’s disclose that its advertising expenses for 2018 was $16,998,5502, for
13 2019 they were $21,536,594, for 2020 they were $23,025,552, for 2021 there were
14 $35,069,308, and for 2022 they were $43,831,414.
15 84. CBDF has expended substantial sums to distribute and publish the
16 false advertising. This Court should presume, therefore, that consumers were, in
17 fact, deceived and that CBDF bears the burden to prove otherwise. U-Haul Int'l,
18 Inc. v. Jartran, Inc., 793 F.2d 1034, 1041 (9th Cir. 1986).
19 D. Other Joint Conduct
20 85. Closets by Design, CBDF, Closet World, and Home Organizers all
21 filed for bankruptcy protection in March 2010 according to CBDF’s 2023 FDD.
22 86. Closets by Design, CBDF, and Home Organizers put up as collateral
23 all their assets to guarantee a CIT Bank, N.A. loan in December 2021. The bank
24 secured the loan via a UCC filing with the California Secretary of State. CBDF
25 discusses the loan and the guarantees in its 2023 FDD which notes that Home
26 Organizers refinanced a credit agreement that provides for a $30,000,000 loan and
27 a $10,000,000 line of credit.
28 87. The California Department of Tax and Fee Administration responded
Second Amended Complaint 19
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1 on May 19, 2023 to a Public Records Act Request from Casablanca’s counsel. The
2 response included “a copy of the public non-confidential permit information
3 located for Closet World, Inc.” and reveals that from June 1, 2017 to the present
4 Closet World and CBDF have a financial arrangement that involves the reporting
5 of “sales and/or use” taxes.
6 VII. The False Advertising
7 A. Previous Challenges to the False Advertising
8 88. Closets by Design and CBDF have had their advertising practices
9 challenged on numerous occasions, including twice in this Court. They have been
10 undaunted by such challenges and have publicly proclaimed that the challenges to
11 their advertising practices were “bogus.”
12 89. Based on the allegations made in those lawsuits, the Defendants have
13 long known that consumers and some industry participants believe the corporate
14 Defendants’ Former Price Comparison and Continuous Sale advertisements are
15 false and misleading. On information and belief, notwithstanding this knowledge
16 the Defendants have not changed their advertising.
17 90. Newbold v. Closets by Design and CBDF, Case 8:19-cv-00077, was a
18 consumer class action suit filed on January 14, 2019 that asserted unfair
19 competition and related claims, including false advertising, based on Closets by
20 Design’s “brand-wide, pervasive and continuous campaign of falsely claiming that
21 their merchandise and services sold at a far higher price in order to induce Plaintiff
22 and all Class members to purchase merchandise at purportedly marked-down sale
23 prices.” The case was dismissed without prejudice on February 5, 2019 before a
24 responsive filing.
25 91. Grevle v. Closets by Design and CBDF, Case 2:19-cv-3881, was a
26 consumer class action suit filed on May 3, 2019 that also asserted false advertising,
27 the factual basis for which was that Closets by Design and CBDF “have
28 continuously offered consumers across the United States ‘40% off’ the purchase of
Second Amended Complaint 20
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1 Closets By Design closets, garage cabinets, and other home organizer systems. …
2 Defendants’ list prices are contrived. They are not reflective of prices at which
3 Closets By Design products and services have for a meaningful period of time been
4 actively and in good faith offered for sale. Since Defendants’ list prices are
5 fictitious, Defendants’ offer of ‘40% off’ is also fictitious.” Closets by Design’s
6 motion to dismiss this false advertising claim was denied on August 22, 2019 and
7 it appears the case was dismissed by stipulation that same day.
8 92. CBD Franchising, Inc., et al. v. Jeff Klein, Case 19STCV12051, was a
9 defamation action, with related claims, filed in the Los Angeles County Superior
10 Court on April 4, 2019 and involved claims relating to the 40% Off discount sale.
11 93. A specific claim made in the Klein action was that the Closets by
12 Design and CBDF’s 40% Off discount was fictitious.
13 94. In addition, Closet World has also been sued in this Court based on
14 the same deceptive price false advertising complained of here. Sarkhan Nabiyev v.
15 Closet World, Inc. and Home Organizers, Inc., Case No. 2:23-cv-02218-ODW-PD,
16 was filed on March 24, 2023 and is a consumer class false advertising case that is
17 currently pending and which has been formally related to this action.
18 B. The Advertisements
19 95. During at least the past two years, the corporate Defendants have each
20 distributed and published throughout Southern California many tens of thousands
21 of advertisements that offer their respective products at a discount of always at
22 least 40% Off.
23 96. These Former Price Comparison advertisements have minor discount
24 variations. Closets by Design’s purported discount is sometimes advertised as
25 “40% Off,” “40% Off Plus 10%” or “40% Off Plus 15%” while Closet World’s
26 purported discount is most often simply advertised as “50% Off” – which,
27 mathematically, is nearly the same discount as Closets by Design’s 40% Off Plus
28 10% and Plus 15% discounts. Closets by Design’s discount drops to 30% for
Second Amended Complaint 21
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1 purchases between $700 and $1,000. This variation, like all the other discount
2 variations, is fictitious because only an insignificant number of sales, if any, are for
3 less than $1,000. For convenience, all these minor variations in the purported
4 discount will be referred to herein as the baseline “40% Off” sale offer.
5 97. The corporate Defendants’ advertisements are distributed via wraps in
6 newspapers and direct mail flyers, and published on the world wide web via
7 Google sponsored advertising, and in advertisements posted on Facebook and
8 Instagram and, on information and belief, on Twitter.
9 98. The corporate Defendants’ respective products, however, are neither
10 advertised nor sold at a higher, non-discount list price.
11 99. The corporate Defendants’ Former Price Comparison advertisements
12 do not disclose the factual basis for the 40% Off discount. Prospective customers
13 are induced by the 40% Off discount to invite Closets by Design and Closet World
14 sales designers into their homes for a design consultation and only learn the alleged
15 bona fide list price of the products during that in-home sales effort.
16 100. Every Closets by Design and Closet World prospective customer is
17 offered at least the 40% Off discount off the then-disclosed list price. Based on
18 Casablanca’s similar sales data for its similar products, published industry data,
19 and CBDF’s FDD’s, all or nearly all of Closets by Design and Closet World sales
20 are for $1,000 or more, and sales under $700 are insignificant. CBDF’s 2020,
21 2022, and 2023 FDD’s discloses that the average sale for its franchisees in
22 business over a year in 2019 was $4,081, in 2021 the average sale was $5,045, and
23 in 2022 the average sale was $5,647.
24 101. Since every customer is offered these perpetual 40% Off discounts,
25 that purported discounted “sale” price is the list price. The 40% higher “list” price
26 only disclosed during the in-home consultation is an inflated, phantom price at
27 which the corporate Defendants’ respective products are not sold. The
28 representations made to consumers by the corporate Defendants’ respective sales
Second Amended Complaint 22
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1 designers during the in-home consultation that the products are regularly sold at a
2 40% higher price is literally false. Those misrepresentations may expose those sale
3 designers to personal liability. See, e.g., Bus. & Prof. §17500.3(b).
4 102. When a product is always sold at a “discounted” price then its list
5 price is that “discounted” price and the assertion to customers they are buying at a
6 “discount” is a lie. The corporate Defendants have lied, and continue to lie, every
7 time they distribute or publish their 40% Off sale offer and every time one of their
8 sales designers quote the inflated, phantom list price.
9 103. Embedded in each of the corporate Defendant’s advertisements is a
10 second lie: that their discount price “sale” will end on a date certain. To reasonable
11 consumers, these representations mean that after the specified date, the products
12 will no longer be on sale and will retail at their purported regular list price. The
13 corporate Defendants’ respective “sale” does not end, however. Each simply
14 continues its “sale” with a new expiration date. The advertisements for their
15 Continuous Sale are false advertising because each sale expiration date is literally
16 false.
17 104. Embedded in each of the corporate Defendant’s advertisements is
18 often a third lie: that their discount price “sale” is new, is back, or is being offered
19 to celebrate a particular holiday or event, such as a “Winter” or “Summer” or
20 “Presidents Day” or “Memorial Day” sale. These misrepresentations are false
21 advertising because each corporate Defendants’ respective “sale” has been offered
22 continuously for years and is not triggered by any holiday or event.
23 105. By their false advertising, the corporate Defendants benefit by (1)
24 acquiring the opportunity to make sales and (2) persuading customers to purchase
25 their products under their mistaken belief that (i) the 40% Off price is a legitimate
26 discount off its bona fide list price and (ii) the 40% Off price is available for only a
27 limited time. The corporate Defendants also benefit by diverting prospective
28 customers away from Casablanca, which does not employ such deceptive
Second Amended Complaint 23
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1 sales calls and training its sales force how to respond to the false advertising.
2 Johnson further asserts that the length of time to make many sales is unnecessarily
3 increased by having to explain to potential customers that Casablanca’s products
4 are sold at a reasonable market list price and that the corporate Defendants’
5 purported discount is, in fact, fictitious.
6 VIII. The Investigation
7 113. Casablanca’s principal, its attorneys, and two researchers investigated
8 the past and present corporate Defendants’ respective advertising material.
9 A. Closets by Design
10 114. The terms and conditions of Closets by Design’s 40% Off sale
11 currently state in their entirety: “40%+15% off any order of $1000 or more, or 40%
12 off any order of $700-$999 on any complete custom closet, garage, or home office
13 unit. Free installation on any order of $850 or more. 12 Month Special Financing
14 with minimum financing order required. Not valid with any other offer. With
15 incoming order, at time of purchase only. May not be valid at all locations. Offer
16 expires on 06/18/2023.” These terms do not require the customer to purchase more
17 than one product. The FTC Guide Against Deceptive Pricing at 16 C.F.R. §233.4
18 does not, therefore, apply.
19 (i). Grevle v. Closets by Design
20 115. The First Amended Complaint in the Grevle action was filed June 26,
21 2019 and included as an exhibit the Grevle - Closets by Design sales contract and
22 delivery receipt. The contract expressly applies Closets by Design’s 40% Off sale
23 offer. The delivery receipt is dated November 16, 2017. The contract and delivery
24 receipt is attached here as Exhibit 7. Also attached to the complaint was a Closets
25 by Design 40% Off coupon. The coupon notes that the offer “Expires in 30 days.”
26 That coupon is attached here as Exhibit 8.
27 116. The Grevle - Closets by Design sales contract establishes that Closets
28 by Design offered a 40% Off sale price in November 2017. The coupon expiration
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1 date establishes that at that time Closets by Design was conveying to consumers
2 that the 40% Off sale price was for only a limited time. This same advertising
3 practice continues today.
4 (ii). Rivas
5 117. Anita Rivas is an attorney hired by Casablanca to pose as a customer
6 interested in purchasing Closets by Design products. Rivas made a consulting
7 appointment for March 7, 2023. A Closets by Design salesperson named Liam
8 McCullough spent about three hours in Rivas’ apartment discussing her dining area
9 storage options. Consistent with Closets by Design’s advertisements detailed
10 herein, McCullough told Rivas that Closets by Design’s 40%+10% Off sale
11 occurred only twice per year. He told Rivas that the sale was currently ongoing but
12 would end the next day on March 8, 2023. Rivas purchased shelving from Closets
13 by Design at the end of the consultation. Their contract expressly applies Closets
14 by Design’s 40% Off sale offer. The contract is attached here as Exhibit 9.
15 118. The statements by Closets by Design salesperson McCullough that the
16 40%+10% Off sale occurred only twice per year and that it was currently ongoing
17 but would end the next day were both literally false—they were lies—and
18 establishes that Closets by Design’s deceptive price false “sale” advertising is
19 ongoing.
20 (iii). Johnson
21 119. In February 2023 Johnson received by mail at his home in Los
22 Angeles County, California an envelope from Valpak Direct Marketing Systems
23 containing coupon advertising. The exterior of the envelope was a Closets by
24 Design 40% Off advertisement. Inside the envelope was a Closets by Design 40%
25 Off coupon advertisement that noted the sale would end on March 12, 2023.
26 Photographs of those advertisements are attached here as Exhibit 10. Those
27 advertisements are in all material respects the same coupon filed in the Grevle
28 action which implies continuous use of this 40% Off direct mail marketing since at
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1 least June 2019. Over the preceding three years Johnson has received Closets by
2 Design’s 40% Off coupon advertisements by mail from Valassis and Valpak
3 hundreds of times. Over that time, Johnson has also seen Closets by Design’s 40%
4 Off advertisements daily, either online or in print. Johnson has never seen a Closets
5 by Design advertisement for its services that does not offer the 40% Off sale.
6 120. These facts are evidence that Closets by Design’s 40% Off sale is
7 continuous and that a significant number of consumers in Southern California have
8 seen its 40% Off sale advertisements.
9 (iv). Dennis
10 121. Dr. Yancy Dennis is a data scientist with a doctorate in Chemical
11 Engineering from the University of Virginia. Dennis’ resume is attached here as
12 Exhibit 11. Dennis was hired by Casablanca to find, collect, and compile
13 information available on the world wide web about Closets by Design’s
14 advertising. Dennis performed his research from March 2, 2023 to March 6, 2023.
15 (a) The Internet Archive Data
16 122. Dennis began by visiting the archive.org website maintained by The
17 Internet Archive. As it explains: “The Internet Archive has created a service known
18 as the Wayback Machine. The Wayback Machine makes it possible to browse
19 more than 450 billion pages stored in the Internet Archive's web archive. Visitors
20 to the Wayback Machine can search archives by URL (i.e., a website address). If
21 archived records for a URL are available, the visitor will be presented with a
22 display of available dates. The visitor may select one of those dates and begin
23 browsing an archived version of the Web. The archived data made viewable and
24 browseable by the Wayback Machine is obtained by use of web archiving software
25 that automatically stores copies of files available via the Internet, each file
26 preserved as it existed at a particular point in time.” See,
27 https://archive.org/legal/affidavit.php.
28 123. Courts regularly take judicial notice of the webpages archived by The
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1 Internet Archive because they can be accurately and readily determined from
2 sources whose accuracy cannot reasonably be questioned. Fed. R. Evid. 201(b)(1);
3 Ul LLC v. Space Chariot Inc. (C.D. Cal. 2017) 250 F.Supp.3d 596, 604 fn. 2
4 (collecting cases).
5 124. Dennis visited The Internet Archive’s Wayback Machine and ran an
6 archive request for Closets by Design’s website, closetsbydesign.com. The results
7 showed that The Internet Archive saved that website 1,246 times between May 11,
8 2000 and March 13, 2023. Dennis was instructed by Casablanca’s counsel to focus
9 on the website versions archived from November 2018 to the present. Attached as
10 Exhibit 12 are screenshots from The Internet Archive showing the dates of all the
11 website captures for the years 2018 through 2023 (The Internet Archive identifies
12 the capture dates within blue circles).
13 125. There are 52 months between November 2018 to March 2023. During
14 that time The Internet Archive saved closetsbydesign.com 158 times. Dennis
15 viewed the homepage for each of these archived versions of that website and
16 created a table, attached here as Exhibit 13, that lists the dates when the site was
17 archived, whether the 40% Off sale banner was displayed on the homepage, the
18 expiration date for each sale offer, and whether any additional discount was being
19 advertised.
20 126. The data collected and compiled on Exhibit 13 establishes that:
21 • Closets by Design advertised its 40% Off sale from at least November 25,
22 2018 to December 11, 2018 (15 days). Then it stopped.
23 • Closets by Design began advertising its 40% Off sale again on or before
24 May 21, 2019 and offered that “sale” price continuously until at least
25 January 18, 2020 (8 months).
26 • For the next month, February 2020, Closets by Design advertised that its
27 products would be sold at a $300 discount.
28 • Closets by Design began advertising its 40% Off sale again on or before
Second Amended Complaint 29
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1 their advertising according to the day, time, and information Meta knows about its
2 users, such as location, personal characteristics, and past online conduct.
3 137. Closets by Design has advertised, and continues to advertise, heavily
4 on Facebook and Instagram. Its advertisements are served up to other users who
5 reside throughout the United States, including in Southern California, and in every
6 geographic location where its franchisees do business.
7 138. Meta maintains a publicly accessible “Ad Library” that provides data
8 about each of its advertiser’s advertisements. Most of the data relates to that
9 advertiser’s currently ongoing advertising campaign. Some of the data is images
10 of, and information about, previous advertisements. The Ad Library can be
11 accessed here: https://www.facebook.com/ads/library The Ad Library for a
12 particular account can also be accessed by visiting its homepage, using the drop-
13 down menu triggered by clicking the ellipsis, navigating to the “About this
14 account” option, and then clicking the “Active ads” option.
15 139. Dennis visited the Ad Library and queried it for “closets by design.”
16 Attached as Exhibit 19 is a screenshot of the Meta “About” page for Closets by
17 Design and screenshots of the active advertisement campaigns Closets by Design
18 ran in February 2023 and is running in March 2023. The results show Closets by
19 Design has over 73,000 followers and had approximately 280 advertisements
20 served to Facebook and Instagram users throughout the country in February 2023
21 and 270 advertisements in March 2023. Each advertisement was served up an
22 unknown number of times but, on information and belief, many tens of thousands
23 of times.
24 140. This social media advertising establishes that Closets by Design
25 spends substantial funds to distribute its deceptive 40% Off sale offer and that a
26 substantial segment of consumers in Southern California have seen Closets by
27 Design’s 40% Off sale advertisement.
28 141. Dennis visited Closets by Design’s Instagram account and took
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1 get the deal because it was “over at the end of the month.”
2 • The 40% Off sale advertised on March 1, 2021, the day after the previous
3 sale supposedly ended, was a “new promotion.”
4 • The 40% Off sale advertised on July 3, 2021 was “summer savings” that
5 expired on July 31, 2021.
6 This data establishes that from December 14, 2018 to July 3, 2021 the 40% Off
7 sale was continually extended and that prospective customers were led to believe
8 that each “sale” offer would end. Every expiration date was literally false. Every
9 assertion that the sale was different in kind than any preceding sale was literally
10 false or misleading.
11 (v). Ballard
12 143. Daniel Ballard is an attorney for Casablanca. Ballard conducted his
13 own investigation to confirm that Closets by Design is still continuously extending
14 its 40% Off sale without break. As detailed below, Ballard was able to confirm that
15 practice by viewing advertisements publicly available, and readily available to
16 anyone with a Facebook or Instagram account, and which are all in Defendants’
17 possession or control.
18 144. Ballard viewed his Facebook on February 21, 2023. Appearing in
19 those posts was a Closets by Design “President’s Day Special” advertisement for
20 40% Off. Ballard clicked the advertisement which resolved to the Closets by
21 Design “Schedule Requests” webpage. That page displayed the “Terms and
22 Conditions” for the sale offer. The terms noted the sale would end on February 28,
23 2023. Ballard took screenshots of the advertisement and Terms and Conditions.
24 Both are attached here as Exhibit 21.
25 145. Ballard viewed his Facebook and Instagram via his iPhone on March
26 6, 2023. Appearing in the posts were Closets by Design advertisements that
27 proclaimed, “Last Chance To Get Our Best Offer” and included the 40% Off sale
28 offer. Ballard clicked each advertisement which resolved to the Closets by Design
Second Amended Complaint 35
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1 “Schedule Requests” webpage. That page displayed the “Terms and Conditions”
2 for the sale offer. The terms noted the sale would end on March 11, 2023. Ballard
3 took screenshots of each advertisement and Terms and Conditions. All are attached
4 here as Exhibit 22.
5 146. Ballard viewed his Facebook and Instagram via his iPhone on March
6 13, 2023. Appearing in the posts were Closets by Design advertisements that
7 included the 40% Off sale offer. Ballard clicked the advertisements which resolved
8 to the Closets by Design “Schedule Requests” webpage. That page displayed the
9 “Terms and Conditions” for the sale offer. The terms noted the sale would end on
10 March 31, 2023. Ballard took screenshots of each advertisement and Terms and
11 Conditions. All are attached here as Exhibit 23.
12 147. These facts establish that Closets by Design’s 40% Off “President’s
13 Day Special” that was supposed to end on February 28, 2023 did not end because it
14 was advertised again on March 6, 2023, which, Closets by Design claimed, was the
15 “Last Chance” to get that deal because it ended on March 11, 2023. That deal did
16 not end, however, because on March 13, 2023 Closets by Design advertised
17 another 40% Off sale which purportedly ends on March 31, 2023.
18 148. Ballard viewed his Instagram via his iPhone on April 4, 2023.
19 Appearing was a Closets by Design advertisement that included the 40% Off sale
20 offer and which linked to the terms and conditions on Closets by Design’s website
21 which noted that the sale would end on April 30, 2023.
22 149. Ballard viewed his Facebook via his iPhone on May 1, 2023.
23 Appearing was a Closets by Design advertisement that included the 40% Off sale
24 offer and which linked to the terms and conditions on Closets by Design’s website
25 which noted that the sale would end on May 31, 2023.
26 150. Ballard viewed his Facebook via his iPhone on June 5, 2023.
27 Appearing was a Closets by Design advertisement that included the 40% Off sale
28 offer and which linked to the terms and conditions on Closets by Design’s website
Second Amended Complaint 36
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1 which noted that the sale would end on June 18, 2023. On information and belief,
2 and implication, that sale will be extended yet again. Ballard has never seen an
3 advertisement for Closet by Design’s services that did not offer the 40% Off sale.
4 B. Closet World
5 151. The terms and conditions of Closet World’s 40% Off sale currently
6 state in their entirety: “50% off any order of $1180 or more, 40% off any order of
7 $880 or more on any Closet, Garage or Office orders and other products. Not valid
8 with any other offer. Offers and prices are subject to change without notice. Free
9 installation and delivery with your order of $850 or more. Offers valid with
10 incoming order at time of purchase, with complete unit purchase. Expires
11 06/18/2023. Special financing for 12 mo. with minimum payments On approved
12 credit. Call or ask your Designer for details.” These terms do not require the
13 customer to purchase more than one product. The FTC Guide Against Deceptive
14 Pricing at 16 C.F.R. §233.4 does not, therefore, apply.
15 152. Closet World owns and operates a website at closetworld.com which
16 is viewable in Southern California. The website homepage prominently displays its
17 40% Off discount offer. A significant number of consumers in Southern California
18 have seen Closet World’s deceptive 40% Off sale advertisement on that webpage.
19 153. In response to a request from Casablanca’s counsel, Nathaniel E
20 Frank-White of the Internet Archive downloaded certain archived closetworld.com
21 webpages and provided authenticated copies to Casablanca’s counsel. Exhibit 24
22 (declaration). Counsel viewed each page and created the following list which
23 identifies the date the webpage was archived, the Closet World “discount” being
24 advertised, and the expiration date of that “discount” sale offer.
25 Archived Expiration Discount
26 Mar 27, 2020 Apr 31, 2020 40% Off $700 or more, 50% Off $1,000 or more
27 Apr 17, 2020 Apr 31, 2020 40% Off $700 or more, 50% Off $1,000 or more
28 May 24, 2020 May 31, 2020 40% Off $700 or more, 50% Off $1,000 or more
Second Amended Complaint 37
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1 Jun 16, 2020 Jun 30, 2020 40% Off $700 or more, 50% Off $1,000 or more
2 Jul 13, 2020 Aug 31, 2020 40% Off $700 or more, 50% Off $1,000 or more
3 Aug 11, 2020 Aug 31, 2020 40% Off $700 or more, 50% Off $1,000 or more
4 Sept 7, 2020 Sept 13, 2020 40% Off $700 or more, 50% Off $1,000 or more
5 Oct 17, 2020 Oct 31, 2020 40% Off $700 or more, 50% Off $1,000 or more
6 Nov 22, 2020 Dec 31, 2020 40% Off $700 or more, 50% Off $1,000 or more
7 Dec 9, 2020 Dec 31, 2020 40% Off $700 or more, 50% Off $1,000 or more
8 Jan 24, 2021 Feb 28, 2021 40% Off $700 or more, 50% Off $1,000 or more
9 Feb 24, 2021 Feb 28, 2021 40% Off $700 or more, 50% Off $1,000 or more
10 Mar 8, 2021 Mar 31, 2021 40% Off $700 or more, 50% Off $1,000 or more
11 Apr 21, 2021 Apr 30, 2021 40% Off $600 or more
12 May 15, 2021 Jun 30, 2021 50% Off $600 or more
13 Jun 10, 2021 July 22, 2021 50% Off $600 or more
14 Jul 15, 2021 July 31, 2021 50% Off $600 or more
15 Aug 4, 2021 Aug 31, 2021 50% Off $600 or more
16 Sep 15, 2021 Sept 30, 2021 40% Off $600 or more
17 Oct 18, 2021 Nov 7, 2021 40% Off $600 or more
18 Nov 27, 2021 Not archived Not archived
19 Dec 17, 2021 Dec 15, 2021 50% Off $600 or more
20 Jan 15, 2022 Jan 15, 2021 50% Off $600 or more
21 Feb 16, 2022 Feb 26, 2022 50% Off $600 or more
22 Mar 15, 2022 30 days 40% Off $600 or more
23 Apr 11, 2022 May 7, 2022 40% Off $600 or more
24 May 17, 2022 June 18, 2022 50% Off $600 or more
25 Jun 9, 2022 30 days 50% Off $600 or more
26 July 13, 2022 30 days 50% Off $600 or more
27 Aug 24, 2022 Not archived Not archived
28 Sept 27, 2022 30 days 40% Off $880 or more
Second Amended Complaint 38
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1 alleged in class action lawsuits against them that the complained-of advertising is
2 false. Specifically, each corporate Defendant is aware those allegations were made
3 in the currently pending Vernon v. Closets by Design, 2:23-cv-01180-JNW (WD
4 Wash., filed Aug. 7, 2023) lawsuit and the closed Newbold v. Closets by Design,
5 8:19-cv-00077 (CD Cal., filed Jan. 14, 2019) and Grevle v. Closets by Design,
6 2:19-cv-3881 (CD Cal., filed May 3, 2019) lawsuits. See, ¶¶90-91.
7 188. In sum, the intent of each corporate Defendant to defraud consumers
8 is established by each distributing and publishing the complained-of advertising in
9 light of (i) their knowledge it is false, (ii) the False Advertising Injunction, (iii) this
10 Court’s finding that such advertising does not comply with the FTC price guide,
11 and (iv) at least three class action lawsuits that allege their advertising is false.
12 189. Material Falsehood. The corporate Defendants’ false advertisements
13 contain material falsehoods, specifically; the fictitious 40% Off former price
14 comparison and the assertions in the advertisements that the 40% Off sale will end
15 on a date certain. Neither assertion is true. Moreover, the corporate Defendants do
16 not disclose in any advertisement their alleged 40% higher List Price for their
17 products and services. That alleged List Price is only revealed when their sales
18 designer is physically in a potential customer’s home. This fraud by omission
19 prevents potential customers from comparing list prices among competitors.
20 190. The corporate Defendants’ fictitious limited-in-time discount sale
21 offers have a natural tendency to influence consumers to inquire into and buy the
22 Defendant’s products and services rather than contacting Casablanca. In short,
23 false price discounts can and do entice consumers to buy the advertised product.
24 191. The Racketeering Participants. On information and belief, every
25 complained-of advertisement the corporate Defendants distribute and publish
26 contains the fraudulent 40% Off sale offer. Every person, therefore, who oversees,
27 manages, or works in a Defendant’s sales and marketing department participates in
28 the racketeering activity, as does every advertising consultant a Defendant hires.
Second Amended Complaint 45
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1 that prominently displays on its homepage the 40% Off sale, and which serves as
2 the landing site linked-to by every Closets by Designs® false advertisement
3 published on the world wide web, it publishes information about CBDF’s
4 franchising opportunities, and is used to compile information about potential
5 customers residing throughout the country to facilitate sales calls by Closets by
6 Designs® franchisees (¶¶45-51). Closets by Design is, according to Google’s Ad
7 Transparency Center, the “advertiser” of Closet World’s advertising on Google
8 (¶52).
9 197. The Role of Racketeer Closet World: As previously alleged, Closet
10 World distributes and publishes the complained-of false advertising via the mail
11 and world wide web to promote sales in its four (4) locations (¶¶35-37). Closet
12 World employees offer potential customers the false 40% Off discount via the
13 telephone and in-person sales (¶101). Closet World publishes a website that
14 prominently displays on its homepage the false 40% Off sale (¶152). On
15 information and belief, Closet World is involved in creating its false advertising.
16 198. The time, place, and manner of Closets by Design’s mail fraud. As
17 previously alleged, Closets by Design places its false advertising in the mail in the
18 form of “wraps” distributed via newspapers within California (¶35, Exhibit 3).
19 Closets by Design also distributes its false advertising via the mail in the form of
20 direct mail coupons (¶119, Exhibits 10, 8). Over the last three years Johnson has
21 received hundreds of such coupons via the mail at his home in Los Angeles County
22 (Id.). Specifically, Johnson received such coupons in February, March, April, and
23 in every other month in 2023.
24 199. The time, place, and manner of Closets by Design’s wire fraud. As
25 previously alleged, Closets by Design publishes a website that prominently
26 displays its false 40% Off sale on its homepage (¶¶125-126, 132, Exhibit 13). The
27 compiled fact allegations show the specific publication dates and establish that the
28 false 40% Off sale was continuously advertised on the website from May 2020
Second Amended Complaint 47
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1 (and periodically before) to March 2023 (Id.). That same false advertisement has
2 been continuously displayed on the website from March 2023 to April 2024.
3 Closets by Design also publishes its false advertising on the Meta social media
4 platforms Facebook and Instagram (¶¶137-142, 144-150, Exhibits 20, 22, 23). The
5 compiled fact allegations show the specific dates the false advertising was
6 published (¶¶142, 144-150, Exhibits 20, 22, 23).
7 200. The time, place, and manner of Closet World’s mail fraud. As
8 previously alleged, Closet World places its false advertising in the mail in the form
9 of “wraps” distributed via newspapers within California (¶35, Exhibit 3). Ballard
10 received such wraps in the mail at his home in Sacramento County in April 2023
11 (May 31, 2023 sale expiration date), in October 2023 (Nov. 5, 2023 sale expiration
12 date), in December 2023 (Jan. 8, 2024 sale expiration date), in March 2024 (Apr.
13 21, 2024 sale expiration date), and on many other dates. Closet World also
14 distributes its false advertising via the mail in the form of direct mail coupons.
15 Ballard received such coupons in the mail at his home in Sacramento County in
16 March 2023 (Apr. 30, 2023 sale expiration date), in September 2023 (Oct. 31,
17 2023 sale expiration date), in November 2023 (Dec. 17, 2023 sale expiration date),
18 in January 2024 (Feb. 28, 2024 sale expiration date), in February 2024 (Mar. 16,
19 2024 sale expiration date), in March 2024 (Apr. 14, 2024 sale expiration date), and
20 on many other dates.
21 201. The time, place, and manner of Closet World’s wire fraud. As
22 previously alleged, Closet World publishes a website that prominently displays its
23 false 40% Off sale on its homepage (¶¶152-154, Exhibit 25). The compiled fact
24 allegations show the specific publication dates and establish that the false 40% Off
25 sale was continuously advertised on the website from March 2020 (and
26 periodically before) to March 2023 (¶153, Exhibit 25). That same false
27 advertisement has been continuously displayed on the website from March 2023 to
28 April 2024. Closet World also publishes its false advertising on the Meta social
Second Amended Complaint 48
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1 media platforms Facebook and Instagram (¶155). The compiled fact allegations
2 show the specific dates the false advertising was published (Id.). Ballard took
3 many more screenshots of Closet World’s false 40% Off social media advertising.
4 A small sample reveals the advertisements were published on July 17, 2023 (Jul.
5 30 sale expiration date), on August 9, 2023 (Sept. 17, 2023 sale expiration date),
6 on September 14, 2023 (Sept. 24, 2023 sale expiration date), on November 15
7 (Dec. 31, 2023 sale expiration date), January 12, 2024 (January 28, 2024 sale
8 expiration date) and on many other dates.
9 202. The time, place, and manner of CBDF’s mail fraud. As previously
10 alleged, CBDF asserts its advertising expenses for 2018 were $16,998,5502, for
11 2019 they were $21,536,594, for 2020 they were $23,025,552, for 2021 there were
12 $35,069,308, and for 2022 they were $43,831,414 (¶83). Based on the bankruptcy
13 petition it filed and its list of creditors, CBDF advertises heavily via direct mail
14 marketing (¶77). Specifically, CBDF and Closets by Design jointly own six (6)
15 Closets by Designs® stores which CBDF asserts are operated by Closets by Design
16 (¶58). One such store is in Whittier, California and directly competes with
17 Casablanca (Id.). Every false advertisement Closets by Design distributes via the
18 mail in California to promote Closets by Designs® products and services (see
19 specifically ¶198) is done with the assent and cooperation of CBDF, which is,
20 therefore, jointly liable for that mail fraud. Moreover, CBDF uses the mail to
21 interact with its franchisees, and, on information and belief, with Closet World and
22 outside advertising consultants, regarding the creation, distribution, and publication
23 of its false advertising.
24 203. The time, place, and manner of CBDF’s wire fraud. Again, CBDF
25 asserts its yearly advertising expenses are tens of millions of dollars (¶83). CBDF
26 advertises its Closets by Designs® franchise opportunity on Closets by Design’s
27 website which prominently displays the false 40% Off sale on its homepage and
28 which lists CBDF’s franchise locations and information about each one (¶¶46-51).
Second Amended Complaint 49
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1 The false 40% Off sale offer is displayed on each of the CBDF’s franchisee’s click
2 through subpages (¶51). Moreover, the website contains a “Schedule Requests”
3 section that visitors may use to schedule a sales appointment with the appropriate
4 CBDF franchisee (¶49). In addition, every false advertisement Closets by Design
5 publishes on the world wide to promote Closets by Designs® products and services
6 (see specifically ¶199) is done with the assent and cooperation of CBDF, which is,
7 therefore, jointly liable for that wire fraud.
8 204. The mail and wire fraud committed by each of the corporate
9 Defendants was intentionally done to deprive its competitors, including
10 Casablanca, of the profits they would otherwise have earned but for the false
11 advertising.
12 205. The above allegations establish that the corporate Defendants’ false
13 advertising constitutes mail and wire fraud and is a pattern of racketeering activity.
14 18 U.S.C. §§1341, 1343, 1961(5).
15 206. The corporate Defendants have each received income derived from
16 their pattern of racketeering activity and each has used or invested part of that
17 income to operate their respective businesses, each of which affects interstate
18 commerce, and to fund their continuing enterprise. Such conduct, along with their
19 other conduct as alleged herein, violates 18 U.S.C. §1962(a).
20 207. Through their pattern of racketeering activity, the corporate
21 Defendants have maintained an interest in and control of their respective
22 businesses, each of which affects interstate commerce, and of their continuing
23 enterprise. Such conduct, along with their other conduct as alleged herein, violates
24 18 U.S.C. §1962(b).
25 208. The corporate defendants are each associated with the enterprise they
26 created. Their enterprise engages in and affects interstate commerce. Through a
27 pattern of racketeering activity, each of these corporate Defendants conducts or
28 participates in the affairs of that enterprise. Such conduct, along with their other
Second Amended Complaint 50
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By:____/s/ Glenn W. Peterson
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Attorneys for Casablanca Design Center, Inc.
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EXHIBIT
1
Case 2:23-cv-02155-ODW-PD Document 40-1 Filed 04/10/24 Page 2 of 32 Page ID #:548
Exhibit 1
Case 2:23-cv-02155-ODW-PD Document 40-1 Filed 04/10/24 Page 3 of 32 Page ID #:549
Exhibit 1
Case 2:23-cv-02155-ODW-PD Document 40-1 Filed 04/10/24 Page 4 of 32 Page ID #:550
Exhibit 1
Case 2:23-cv-02155-ODW-PD Document 40-1 Filed 04/10/24 Page 5 of 32 Page ID #:551
Exhibit 1
Case 2:23-cv-02155-ODW-PD Document 40-1 Filed 04/10/24 Page 6 of 32 Page ID #:552
Exhibit 1
Case 2:23-cv-02155-ODW-PD Document 40-1 Filed 04/10/24 Page 7 of 32 Page ID #:553
Exhibit 1
Case 2:23-cv-02155-ODW-PD Document 40-1 Filed 04/10/24 Page 8 of 32 Page ID #:554
Exhibit 1
Case 2:23-cv-02155-ODW-PD Document 40-1 Filed 04/10/24 Page 9 of 32 Page ID #:555
EXHIBIT
2
Case 2:23-cv-02155-ODW-PD Document 40-1 Filed 04/10/24 Page 10 of 32 Page ID #:556
Exhibit 2
Case 2:23-cv-02155-ODW-PD Document 40-1 Filed 04/10/24 Page 11 of 32 Page ID #:557
Exhibit 2
Case 2:23-cv-02155-ODW-PD Document 40-1 Filed 04/10/24 Page 12 of 32 Page ID #:558
Exhibit 2
Case 2:23-cv-02155-ODW-PD Document 40-1 Filed 04/10/24 Page 13 of 32 Page ID #:559
Exhibit 2
Case 2:23-cv-02155-ODW-PD Document 40-1 Filed 04/10/24 Page 14 of 32 Page ID #:560
Exhibit 2
Case 2:23-cv-02155-ODW-PD Document 40-1 Filed 04/10/24 Page 15 of 32 Page ID #:561
Exhibit 2
Case 2:23-cv-02155-ODW-PD Document 40-1 Filed 04/10/24 Page 16 of 32 Page ID #:562
EXHIBIT
3
Case 2:23-cv-02155-ODW-PD Document 40-1 Filed 04/10/24 Page 17 of 32 Page ID #:563
Exhibit 3
Case 2:23-cv-02155-ODW-PD Document 40-1 Filed 04/10/24 Page 18 of 32 Page ID #:564
EXHIBIT
4
Case 2:23-cv-02155-ODW-PD Document 40-1 Filed 04/10/24 Page 19 of 32 Page ID #:565
Exhibit 4
Case 2:23-cv-02155-ODW-PD Document 40-1 Filed 04/10/24 Page 20 of 32 Page ID #:566
Exhibit 4
Case 2:23-cv-02155-ODW-PD Document 40-1 Filed 04/10/24 Page 21 of 32 Page ID #:567
Exhibit 4
Case 2:23-cv-02155-ODW-PD Document 40-1 Filed 04/10/24 Page 22 of 32 Page ID #:568
Exhibit 4
Case 2:23-cv-02155-ODW-PD Document 40-1 Filed 04/10/24 Page 23 of 32 Page ID #:569
Exhibit 4
Case 2:23-cv-02155-ODW-PD Document 40-1 Filed 04/10/24 Page 24 of 32 Page ID #:570
Exhibit 4
Case 2:23-cv-02155-ODW-PD Document 40-1 Filed 04/10/24 Page 25 of 32 Page ID #:571
Exhibit 4
Case 2:23-cv-02155-ODW-PD Document 40-1 Filed 04/10/24 Page 26 of 32 Page ID #:572
Exhibit 4
Case 2:23-cv-02155-ODW-PD Document 40-1 Filed 04/10/24 Page 27 of 32 Page ID #:573
Exhibit 4
Case 2:23-cv-02155-ODW-PD Document 40-1 Filed 04/10/24 Page 28 of 32 Page ID #:574
Exhibit 4
Case 2:23-cv-02155-ODW-PD Document 40-1 Filed 04/10/24 Page 29 of 32 Page ID #:575
Exhibit 4
Case 2:23-cv-02155-ODW-PD Document 40-1 Filed 04/10/24 Page 30 of 32 Page ID #:576
Exhibit 4
Case 2:23-cv-02155-ODW-PD Document 40-1 Filed 04/10/24 Page 31 of 32 Page ID #:577
EXHIBIT
5
Case 2:23-cv-02155-ODW-PD Document 40-1 Filed 04/10/24 Page 32 of 32 Page ID #:578
Exhibit 5
Case 2:23-cv-02155-ODW-PD Document 40-2 Filed 04/10/24 Page 1 of 23 Page ID #:579
EXHIBIT
6
Case 2:23-cv-02155-ODW-PD Document 40-2 Filed 04/10/24 Page 2 of 23 Page ID #:580
https://centralalabama.closetsbydesign.com/
https://palmbeach.closetsbydesign.com/
https://fresno.closetsbydesign.com/
https://neworleans.closetsbydesign.com/
Exhibit 6
Case 2:23-cv-02155-ODW-PD Document 40-2 Filed 04/10/24 Page 3 of 23 Page ID #:581
EXHIBIT
7
Case 2:23-cv-02155-ODW-PD Document 40-2 Filed 04/10/24 Page 4 of 23 Page ID #:582
Exhibit 7
Case 2:23-cv-02155-ODW-PD Document 40-2 Filed 04/10/24 Page 5 of 23 Page ID #:583
Exhibit 7
Case 2:23-cv-02155-ODW-PD Document 40-2 Filed 04/10/24 Page 6 of 23 Page ID #:584
Exhibit 7
Case 2:23-cv-02155-ODW-PD Document 40-2 Filed 04/10/24 Page 7 of 23 Page ID #:585
Exhibit 7
Case 2:23-cv-02155-ODW-PD Document 40-2 Filed 04/10/24 Page 8 of 23 Page ID #:586
Exhibit 7
Case 2:23-cv-02155-ODW-PD Document 40-2 Filed 04/10/24 Page 9 of 23 Page ID #:587
EXHIBIT
8
Case 2:23-cv-02155-ODW-PD Document 40-2 Filed 04/10/24 Page 10 of 23 Page ID #:588
Exhibit 8
Case 2:23-cv-02155-ODW-PD Document 40-2 Filed 04/10/24 Page 11 of 23 Page ID #:589
Exhibit 8
Case 2:23-cv-02155-ODW-PD Document 40-2 Filed 04/10/24 Page 12 of 23 Page ID #:590
EXHIBIT
9
Case 2:23-cv-02155-ODW-PD Document 40-2 Filed 04/10/24 Page 13 of 23 Page ID #:591
Exhibit 9
Case 2:23-cv-02155-ODW-PD Document 40-2 Filed 04/10/24 Page 14 of 23 Page ID #:592
Exhibit 9
Case 2:23-cv-02155-ODW-PD Document 40-2 Filed 04/10/24 Page 15 of 23 Page ID #:593
Exhibit 9
Case 2:23-cv-02155-ODW-PD Document 40-2 Filed 04/10/24 Page 16 of 23 Page ID #:594
Exhibit 9
Case 2:23-cv-02155-ODW-PD Document 40-2 Filed 04/10/24 Page 17 of 23 Page ID #:595
Exhibit 9
Case 2:23-cv-02155-ODW-PD Document 40-2 Filed 04/10/24 Page 18 of 23 Page ID #:596
Exhibit 9
Case 2:23-cv-02155-ODW-PD Document 40-2 Filed 04/10/24 Page 19 of 23 Page ID #:597
Exhibit 9
Case 2:23-cv-02155-ODW-PD Document 40-2 Filed 04/10/24 Page 20 of 23 Page ID #:598
Exhibit 9
Case 2:23-cv-02155-ODW-PD Document 40-2 Filed 04/10/24 Page 21 of 23 Page ID #:599
Exhibit 9
Case 2:23-cv-02155-ODW-PD Document 40-2 Filed 04/10/24 Page 22 of 23 Page ID #:600
EXHIBIT
10
Case 2:23-cv-02155-ODW-PD Document 40-2 Filed 04/10/24 Page 23 of 23 Page ID #:601
Exhibit 10
Case 2:23-cv-02155-ODW-PD Document 40-3 Filed 04/10/24 Page 1 of 43 Page ID #:602
EXHIBIT
11
Case 2:23-cv-02155-ODW-PD Document 40-3 Filed 04/10/24 Page 2 of 43 Page ID #:603
Yancy Dennis
[email protected] • (443) 416-4584
www.linkedin.com/in/yancydennis/• Owings Mills, MD
Data Scientist
Summary
Accomplished senior leader executing data-driven solutions to increase efficiency, accuracy, and utility of internal data processing.
Proven background in creating data regression models, using predictive data modeling, and analyzing data mining algorithms to
deliver insights and implement action-oriented solutions to complex business problems.
Technical Proficiencies
Oracle SQLPLUS, PL/SQL, VB.Net, Advanced Excel, Java, C#, MySQL, R, Python, Streamlit, PostgreSQL, SAS, AWS, Jira, Databricks,
Database Management
Career Experience
ARDX, Owings Mills, MD 2019 – 2023
Senior Manager of Program Evaluation and Business Analytics, 2020 - 2023
Delivered solutions and actionable insights for key stakeholders to reduce costs, improve outcomes, and forecast business
performance. Executed advanced trend analytics, mined data to answer relevant needs, and conducted root cause statistical
analyses. Developed predictive models and deploy science-based evaluation processes. Identified indicators of fraud, waste,
and abuse by profiling data extracted from the Multidimensional Information and Data Analytics System (MIDAS). Served as
subject matter expert on risk adjustment and encounter data.
• Identified drug prescribing patterns through analysis of CMS Medicare Advantage Plan prescription drug events.
• Cultivated a risk profiling report based on queries for the Integrated Data Repository which holds over 60M Medicare
enrollees.
• Effectively designed a data management plan for the Appeals and Integrity Contract.
• Evaluated population and policy changes on Program Integrity Priorities utilizing microsimulation efforts.
• Enhanced customer service with topic models using Python with NLTK to discover hidden semantic structures within
customer feedback data.
Exhibit 11
Page 1|3
Case 2:23-cv-02155-ODW-PD Document 40-3 Filed 04/10/24 Page 3 of 43 Page ID #:604
Building New Leaders, Baltimore, MD 2011 – 2018
Principal
Developed, enhanced, and maintained web and mobile solutions across government and private sector clients. Improved job
performance with implementation of workplace initiatives. Tracked industry trends and networked at industry events to remain
updated on new technologies.
• Cultivated and launched computer applications for the United States Geological Services (USGS), Naval Sea Systems
Command (NAVSEA), Boone Restoration, and New York University.
• Formulated Access and MySQL database solutions for stakeholders in partnership with Archscan, LLC.
• Successfully generated an XML invoice feed for SAP financials with design of C# application for America Online.
• Supported Fortune 500 clients with integration of COTS vendor management tools.
• Automated the process of gathering requirements, resulting in an improvement in the quality assessment of
requirements by the Requirements Competency Center.
• Led an impact analysis that resulted in a 30% reduction in the requirements gathering phase.
IT Strategy Leader (Office of the CIO), CareFirst BlueCross BlueShield, Owings Mills, MD 2005-2007
Partnered with executive leadership at CareFirst to define and implement the company's corporate and IT strategies.
• Developed and gained approval for the 2006 and 2007 IT strategies aligned with CareFirst's corporate goals.
• Pioneered a new IT management system that improved service delivery and cost-effectiveness.
• Designed and implemented the Measurement and Analysis Process Area for CareFirst's CMMI (L3) initiative.
• Provided business process mapping training to a cross-functional Swat Team for claims process improvement.
Strategic Technology Manager/Director, Capital One Financial Services, Glen Allen, VA 2002-2005
Demonstrated expertise in grid computing and genetic algorithm optimization, and successfully applied these techniques to a
real-world business problem.
• Successfully managed three vendors, including IBM, Genalytics, and Platform Computing, to develop and implement a
genetic algorithm-based credit risk prediction model in a grid computing environment.
• Worked closely with cross-functional teams across multiple departments at Capital One to ensure successful
integration of the model into business operations.
• Managed a team of up to 25 associates, including project managers, developers, and architects, to deliver complex
technology solutions on time and within budget.
Exhibit 11
Page 2|3
Case 2:23-cv-02155-ODW-PD Document 40-3 Filed 04/10/24 Page 4 of 43 Page ID #:605
Principal Engineer, Capital One Financial Services, Glen Allen, VA 2000-2002
Demonstrated leadership in selecting data warehouse platform, enhancing analytics, improving processes, and managing
projects.
• Led the adoption of a new high-performance computing $100 Million data warehouse platform, Teradata.
• Planned and managed the on-time and on-budget delivery of up to 60 concurrent projects.
• Acknowledged for successfully achieving 90% customer satisfaction ratings on all projects.
• Directed the migration of a $2 Million legacy manufacturing application into a 3-tiered object-oriented client-server
environment, leading the team to capture the Inaugural Stellar Award.
• Reengineered the client-service application, resulting in a remarkable 95% performance improvement.
• Conducted computer simulations to predict flammability for chemical reactions, utilizing ChemKin to model complex
chemical systems and determine appropriate parameters for safe operation of chemical processes.
• Analyzed simulation results to identify potential hazards and develop risk mitigation strategies, demonstrating
expertise in chemical process safety and computational simulation.
Education
Doctor of Philosophy in Chemical Engineering University of Virginia, Charlottesville, VA
Master of Science in Chemical Engineering University of Virginia, Charlottesville, VA
Bachelor of Science in Chemical Engineering Massachusetts Institute of Technology, Cambridge, MA
Strategic Uses of Technology Stanford University, Stanford, CA
Bargaining and Negotiating University of Virginia, Charlottesville, VA
Certifications
Crash Course on Python
Using Python to Interact with the Operating System
Exhibit 11
Page 3|3
Case 2:23-cv-02155-ODW-PD Document 40-3 Filed 04/10/24 Page 5 of 43 Page ID #:606
EXHIBIT
12
Case 2:23-cv-02155-ODW-PD Document 40-3 Filed 04/10/24 Page 6 of 43 Page ID #:607
2018
Exhibit 12
Case 2:23-cv-02155-ODW-PD Document 40-3 Filed 04/10/24 Page 7 of 43 Page ID #:608
2019
Exhibit 12
Case 2:23-cv-02155-ODW-PD Document 40-3 Filed 04/10/24 Page 8 of 43 Page ID #:609
2020
Exhibit 12
Case 2:23-cv-02155-ODW-PD Document 40-3 Filed 04/10/24 Page 9 of 43 Page ID #:610
2021
Exhibit 12
Case 2:23-cv-02155-ODW-PD Document 40-3 Filed 04/10/24 Page 10 of 43 Page ID #:611
2022
Exhibit 12
Case 2:23-cv-02155-ODW-PD Document 40-3 Filed 04/10/24 Page 11 of 43 Page ID #:612
2023
Exhibit 12
Case 2:23-cv-02155-ODW-PD Document 40-3 Filed 04/10/24 Page 12 of 43 Page ID #:613
EXHIBIT
13
Case 2:23-cv-02155-ODW-PD Document 40-3 Filed 04/10/24 Page 13 of 43 Page ID #:614
Date Adversing Offer Link to Terms & Expiraon Date Other Representaons
14 Nov 2018 No Ad No N/A
19 Nov 2018 No Ad No N/A
25 Nov 2018 40% Off No Plus Take 15% Off Limited me offer
05 Dec 2018 40% Off No Plus Take 15% Off Limited me offer
11 Dec 2018 40% Off No Plus Take 15% Off Limited me offer
27 Feb 2019 No Ad N/A N/A
14 Mar 2019 No Ad N/A N/A
08 Apr 2019 No Ad N/A N/A
21 May 2019 40% Off No Link 15% off any complete system
05 Aug 2019 40% Off Link to present page
21 Aug 2019 40% Off Link to present page
02 Nov 2019 40% Off Link to 01 Nov 2020: Expires 31 Oct 2020
05 Nov 2019 40% Off Link to 01 Nov 2020: Expires 31 Oct 2020
05 Dec 2019 40% Off Link to 01 Nov 2020: Expires 31 Oct 2020 Extra 15% Off
21 Dec 2019 40% Off Link to 01 Nov 2020: Expires 31 Oct 2020 Extra 15% Off
01 Jan 2020 40% Off Link to 01 Nov 2020: Expires 31 Oct 2020 Extra 15% Off
02 Jan 2020 40% Off Link to 01 Nov 2020: Expires 31 Oct 2020 Extra 15% Off
05 Jan 2020 40% Off Link to 01 Nov 2020: Expires 31 Oct 2020 Extra 15% Off
12 Jan 2020 40% Off Link to 01 Nov 2020: Expires 31 Oct 2020 Extra 15% Off
18 Jan 2020 40% Off Link to 01 Nov 2020: Expires 31 Oct 2020 Extra 15% Off
01 Feb 2020 $300 Off Link to 01 Nov 2020: Expires 31 Oct 2020
13 Feb 2020 $300 Off Link to 01 Nov 2020: Expires 31 Oct 2020
14 Feb 2020 $300 Off Link to 01 Nov 2020: Expires 31 Oct 2020
28 Feb 2020 $300 Off Link to 01 Nov 2020: Expires 31 Oct 2020
01 Mar 2020 $300 Off Link to 01 Nov 2020: Expires 31 Oct 2020
10 Mar 2020 40% Off Link to 01 Nov 2020: Expires 31 Oct 2020
13 Mar 2020 40% Off Link to 01 Nov 2020: Expires 31 Oct 2020
01 Apr 2020 40% Off Link to 01 Nov 2020: Expires 31 Oct 2020 + 15% Off
02 Apr 2020 40% Off Link to 01 Nov 2020: Expires 31 Oct 2020 + 15% Off
10 Apr 2020 40% Off Link to 01 Nov 2020: Expires 31 Oct 2020 + 15% Off
13 Apr 2020 40% Off Link to 01 Nov 2020: Expires 31 Oct 2020 + 15% Off
21 Apr 2020 40% Off Link to 01 Nov 2020: Expires 31 Oct 2020 + 15% Off
27 Apr 2020 40% Off Link to 01 Nov 2020: Expires 31 Oct 2020 + 15% Off
28 Apr 2020 40% Off Link to 01 Nov 2020: Expires 31 Oct 2020 + 15% Off
01 May 2020 40% Off Link to 01 Nov 2020: Expires 31 Oct 2020 + 15% Off
02 May 2020 No Ad N/A
04 May 2020 40% Off Link to 01 Nov 2020: Expires 31 Oct 2020 + 15% Off
05 May 2020 40% Off Link to 01 Nov 2020: Expires 31 Oct 2020 + 15% Off
Page 1 of 4
Exhibit 13
Case 2:23-cv-02155-ODW-PD Document 40-3 Filed 04/10/24 Page 14 of 43 Page ID #:615
Date Adversing Offer Link to Terms & Expiraon Date Other Representaons
10 May 2020 40% Off Link to 01 Nov 2020: Expires 31 Oct 2020 + 15% Off
11 May 2020 40% Off Link to 01 Nov 2020: Expires 31 Oct 2020 + 15% Off
14 May 2020 40% Off Link to 01 Nov 2020: Expires 31 Oct 2020 + 15% Off
20 May 2020 40% Off Link to 01 Nov 2020: Expires 31 Oct 2020 + 15% Off
26 May 2020 40% Off Link to 01 Nov 2020: Expires 31 Oct 2020 + 15% Off
01 Jun 2020 40% Off Link to 01 Nov 2020: Expires 31 Oct 2020 + 15% Off
02 Jun 2020 40% Off Link to 01 Nov 2020: Expires 31 Oct 2020 + 15% Off
13 Jun 2020 40% Off Link to 01 Nov 2020: Expires 31 Oct 2020 + 15% Off
22 Jun 2020 40% Off Link to 01 Nov 2020: Expires 31 Oct 2020 + 15% Off
03 Jul 2020 40% Off Link to present page + 15% Off
04 Jul 2020 40% Off Link to present page + 15% Off
10 Jul 2020 40% Off Link to present page + 15% Off
14 Jul 2020 40% Off Link to present page + 15% Off
19 Jul 2020 40% Off Link to present page + 15% Off
22 Jul 2020 40% Off Link to present page + 15% Off
23 Jul 2020 40% Off Link to present page + 15% Off
03 Aug 2020 40% Off Link to 01 Nov 2020: Expires 31 Oct 2020 + 15% Off
04 Aug 2020 40% Off Link to present page + 15% Off
07 Aug 2020 40% Off Link to present page + 15% Off
13 Aug 2020 40% Off Link to present page + 15% Off
14 Aug 2020 40% Off Link to present page + 15% Off
26 Aug 2020 40% Off Link to present page + 15% Off
01 Sep 2020 40% Off Link to present page + 15% Off
03 Sep 2020 40% Off Link to present page + 15% Off
04 Sep 2020 40% Off Link to present page + 15% Off
12 Sep 2020 40% Off Link to present page + 15% Off
24 Sep 2020 40% Off Link to present page + 15% Off
01 Oct 2020 40% Off Link to present page + 15% Off
03 Oct 2020 40% Off Link to present page + 15% Off
25 Oct 2020 40% Off Link to present page + 15% Off
29 Oct 2020 40% Off Link to present page + 15% Off
01 Nov 2020 40% Off Link to 01 Nov 2020: Expires 31 Oct 2020
08 Nov 2020 40% Off Link to 01 Nov 2020: Expires 31 Oct 2020 + 15% Off
09 Nov 2020 40% Off Link to 01 Nov 2020: Expires 31 Oct 2020 + 15% Off
10 Nov 2020 40% Off Link to 01 Nov 2020: Expires 31 Oct 2020 + 15% Off
14 Nov 2020 40% Off Link to 01 Nov 2020: Expires 31 Oct 2020 + 15% Off
25 Nov 2020 40% Off Link to 21 Nov 2020: Expires 30 Nov 2020 + 15% Off
27 Nov 2020 40% Off Link to 21 Nov 2020: Expires 30 Nov 2020 + 15% Off
01 Dec 2020 40% Off Link to 21 Nov 2020: Expires 30 Nov 2020 + 15% Off
19 Dec 2020 40% Off Link to 21 Nov 2020: Expires 30 Nov 2020 + 15% Off
21 Dec 2020 40% Off Link to 21 Nov 2020: Expires 30 Nov 2020 + 15% Off
07 Jan 2021 40% Off Link to 21 Nov 2020: Expires 30 Nov 2020 + 15% Off
13 Jan 2021 40% Off Link to 21 Nov 2020: Expires 30 Nov 2020 + 15% Off
19 Jan 2021 40% Off Link to 21 Nov 2020: Expires 30 Nov 2020 + 15% Off
Page 2 of 4
Exhibit 13
Case 2:23-cv-02155-ODW-PD Document 40-3 Filed 04/10/24 Page 15 of 43 Page ID #:616
Date Adversing Offer Link to Terms & Expiraon Date Other Representaons
23 Jan 2021 40% Off Link to 21 Nov 2020: Expires 30 Nov 2020 + 15% Off
26 Jan 2021 40% Off Link to 21 Nov 2020: Expires 30 Nov 2020 + 15% Off
05 Feb 2021 40% Off Link to 03 Jun 2021: Expires 22 Jul 2021 + 15% Off
26 Feb 2021 40% Off Link to 03 Jun 2021: Expires 22 Jul 2021 + 15% Off
27 Feb 2021 40% Off Link to 03 Jun 2021: Expires 22 Jul 2021 + 15% Off
02 Mar 2021 40% Off Link to 03 Jun 2021: Expires 22 Jul 2021 + 15% Off
07 Mar 2021 40% Off Link to 03 Jun 2021: Expires 22 Jul 2021 + 15% Off
07 Apr 2021 40% Off Link to 03 Jun 2021: Expires 22 Jul 2021 + 15% Off
10 Apr 2021 40% Off Link to 03 Jun 2021: Expires 22 Jul 2021 + 15% Off
24 Apr 2021 40% Off Link to 03 Jun 2021: Expires 22 Jul 2021 + 15% Off
05 May 2021 40% Off Link to 03 Jun 2021: Expires 22 Jul 2021 + 15% Off
17 May 2021 40% Off Link to 03 Jun 2021: Expires 22 Jul 2021 + 15% Off
18 May 2021 40% Off Link to 03 Jun 2021: Expires 22 Jul 2021 + 15% Off
17 Jun 2021 40% Off Link to 03 Jun 2021: Expires 22 Jul 2021 + 15% Off
28 Jun 2021 40% Off Link to 03 Jun 2021: Expires 22 Jul 2021 + 15% Off
07 Jul 2021 40% Off Link to 02 Aug 2021: No Expiraon Date + 15% Off
28 Jul 2021 40% Off Link to 02 Aug 2021: No Expiraon Date
01 Aug 2021 40% Off Link to 02 Aug 2021: No Expiraon Date
11 Aug 2021 40% Off Link to 02 Aug 2021: No Expiraon Date
12 Aug 2021 40% Off Link to 02 Aug 2021: No Expiraon Date
15 Aug 2021 40% Off Link to 02 Aug 2021: No Expiraon Date
18 Sep 2021 40% Off Link to 07 Sep 2021: Expires 26 Sep 2021
19 Sep 2021 40% Off Link to 29 Sep 2021: Expires 07 Nov 2021
22 Sep 2021 40% Off Link to 29 Sep 2021: Expires 07 Nov 2021
07 Oct 2021 40% Off Link to 29 Sep 2021: Expires 07 Nov 2021
10 Oct 2021 40% Off Link to 29 Sep 2021: Expires 07 Nov 2021
15 Oct 2021 40% Off Link to 29 Sep 2021: Expires 07 Nov 2021
16 Oct 2021 40% Off Link to 29 Sep 2021: Expires 07 Nov 2021
23 Oct 2021 40% Off Link to 29 Sep 2021: Expires 07 Nov 2021
30 Oct 2021 40% Off Link to 29 Sep 2021: Expires 07 Nov 2021
01 Nov 2021 40% Off Link to 29 Sep 2021: Expires 07 Nov 2021
30 Nov 2021 40% Off Link to 26 Jan 2022: Expires 29 Jan 2022 + 15% off
05 Dec 2021 40% Off Link to 26 Jan 2022: Expires 29 Jan 2022 + 15% off
19 Dec 2021 40% Off Link to 26 Jan 2022: Expires 29 Jan 2022 + 15% off
23 Dec 2021 40% Off Link to 26 Jan 2022: Expires 29 Jan 2022 + 15% off
24 Dec 2021 40% Off Link to 26 Jan 2022: Expires 29 Jan 2022 + 15% off
26 Dec 2021 40% Off Link to 26 Jan 2022: Expires 29 Jan 2022 + 15% off
03 Jan 2022 40% Off Link to 26 Jan 2022: Expires 29 Jan 2022 + 15% off
07 Jan 2022 40% Off Link to 26 Jan 2022: Expires 29 Jan 2022 + 15% off
26 Jan 2022 40% Off Link to 26 Jan 2022: Expires 29 Jan 2022 + 15% off
27 Jan 2022 40% Off Link to 27 Jan 2022: Expires 29 Jan 2022 + 15% off
01 Feb 2022 40% Off Link to 27 Jan 2022: Expires 29 Jan 2022
03 Feb 2022 40% Off Link to 27 Jan 2022: Expires 29 Jan 2022
07 Feb 2022 40% Off Link to 27 Jan 2022: Expires 29 Jan 2022
Page 3 of 4
Exhibit 13
Case 2:23-cv-02155-ODW-PD Document 40-3 Filed 04/10/24 Page 16 of 43 Page ID #:617
Date Adversing Offer Link to Terms & Expiraon Date Other Representaons
14 Feb 2022 40% Off Link to 27 Jan 2022: Expires 29 Jan 2022
03 Mar 2022 40% Off Link to 31 Mar 2022: Expires in 30 days
12 Mar 2022 40% Off Link to 31 Mar 2022: Expires in 30 days
25 Mar 2022 40% Off Link to 31 Mar 2022: Expires in 30 days
28 Mar 2022 40% Off Link to 31 Mar 2022: Expires in 30 days
01 Apr 2022 40% Off Link to 31 Mar 2022: Expires in 30 days + 15% off
22 May 2022 40% Off Link to 31 Mar 2022: Expires in 30 days + 15% off
21 Jun 2022 40% Off Link to 23 Jul 2022: Expires 30 Jul 2022 + 15% off
26 Jun 2022 40% Off Link to 23 Jul 2022: Expires 30 Jul 2022 + 15% off
07 Jul 2022 40% Off Link to 23 Jul 2022: Expires 30 Jul 2022 + 15% off
18 Jul 2022 40% Off Link to 23 Jul 2022: Expires 30 Jul 2022 + 15% off
09 Aug 2022 40% Off Link to 23 Jul 2022: Expires 30 Jul 2022 + 15% off
13 Aug 2022 40% Off Link to 23 Jul 2022: Expires 30 Jul 2022 + 15% off
08 Sep 2022 40% Off Link to 17 Oct 2022: Expires in 30 days
18 Sep 2022 40% Off Link to 17 Oct 2022: Expires in 30 days
01 Oct 2022 40% Off Link to 17 Oct 2022: Expires in 30 days
03 Oct 2022 40% Off Link to 17 Oct 2022: Expires in 30 days
13 Oct 2022 40% Off Link to 17 Oct 2022: Expires in 30 days
17 Oct 2022 40% Off Link to 17 Oct 2022: Expires in 30 days
20 Oct 2022 40% Off Link to 17 Oct 2022: Expires in 30 days
03 Nov 2022 40% Off Link to 17 Oct 2022: Expires in 30 days + 15% off
01 Dec 2022 40% Off Link to 08 Dec 2022: Expires 10 Dec 2022 + 15% off
03 Dec 2022 40% Off Link to 08 Dec 2022: Expires 10 Dec 2022 + 15% off
27 Dec 2022 40% Off Link to 08 Dec 2022: Expires 10 Dec 2022 + 15% off
03 Jan 2023 40% Off Link to 08 Dec 2022: Expires 10 Dec 2022 + 15% off
06 Jan 2023 40% Off Link to 08 Dec 2022: Expires 10 Dec 2022 + 15% off
05 Feb 2023 40% Off Link to 08 Dec 2022: Expires 10 Dec 2022 + 15% off
09 Feb 2023 40% Off Link to 08 Dec 2022: Expires 10 Dec 2022 + 15% off
10 Feb 2023 40% Off Link to 08 Dec 2022: Expires 10 Dec 2022 + 15% off
21 Feb 2023 40% Off Link to 08 Dec 2022: Expires 10 Dec 2022 + 15% off
02 Mar 2023 40% Off Link to 08 Dec 2022: Expires 10 Dec 2022 + 15% off
Page 4 of 4
Exhibit 13
Case 2:23-cv-02155-ODW-PD Document 40-3 Filed 04/10/24 Page 17 of 43 Page ID #:618
EXHIBIT
14
Case 2:23-cv-02155-ODW-PD Document 40-3 Filed 04/10/24 Page 18 of 43 Page ID #:619
Page 1 of 24
Exhibit 14
Case 2:23-cv-02155-ODW-PD Document 40-3 Filed 04/10/24 Page 19 of 43 Page ID #:620
April 8, 2019
Page 2 of 24
Exhibit 14
Case 2:23-cv-02155-ODW-PD Document 40-3 Filed 04/10/24 Page 20 of 43 Page ID #:621
August 5, 2019
Page 3 of 24
Exhibit 14
Case 2:23-cv-02155-ODW-PD Document 40-3 Filed 04/10/24 Page 21 of 43 Page ID #:622
Page 4 of 24
Exhibit 14
Case 2:23-cv-02155-ODW-PD Document 40-3 Filed 04/10/24 Page 22 of 43 Page ID #:623
November 5, 2019
December 5, 2019
Page 5 of 24
Exhibit 14
Case 2:23-cv-02155-ODW-PD Document 40-3 Filed 04/10/24 Page 23 of 43 Page ID #:624
February 2, 2020
Page 6 of 24
Exhibit 14
Case 2:23-cv-02155-ODW-PD Document 40-3 Filed 04/10/24 Page 24 of 43 Page ID #:625
March 1, 2020
April 2, 2020
Page 7 of 24
Exhibit 14
Case 2:23-cv-02155-ODW-PD Document 40-3 Filed 04/10/24 Page 25 of 43 Page ID #:626
May 5, 2020
June 2, 2020
Page 8 of 24
Exhibit 14
Case 2:23-cv-02155-ODW-PD Document 40-3 Filed 04/10/24 Page 26 of 43 Page ID #:627
August 3, 2020
Page 9 of 24
Exhibit 14
Case 2:23-cv-02155-ODW-PD Document 40-3 Filed 04/10/24 Page 27 of 43 Page ID #:628
September 4, 2020
October 1, 2020
Page 10 of 24
Exhibit 14
Case 2:23-cv-02155-ODW-PD Document 40-3 Filed 04/10/24 Page 28 of 43 Page ID #:629
November 1, 2020
Page 11 of 24
Exhibit 14
Case 2:23-cv-02155-ODW-PD Document 40-3 Filed 04/10/24 Page 29 of 43 Page ID #:630
January 7, 2021
Page 12 of 24
Exhibit 14
Case 2:23-cv-02155-ODW-PD Document 40-3 Filed 04/10/24 Page 30 of 43 Page ID #:631
February 5, 2021
March 2, 2021
Page 13 of 24
Exhibit 14
Case 2:23-cv-02155-ODW-PD Document 40-3 Filed 04/10/24 Page 31 of 43 Page ID #:632
April 7, 2021
May 5, 2021
Page 14 of 24
Exhibit 14
Case 2:23-cv-02155-ODW-PD Document 40-3 Filed 04/10/24 Page 32 of 43 Page ID #:633
July 7, 2021
Page 15 of 24
Exhibit 14
Case 2:23-cv-02155-ODW-PD Document 40-3 Filed 04/10/24 Page 33 of 43 Page ID #:634
August 1, 2021
Page 16 of 24
Exhibit 14
Case 2:23-cv-02155-ODW-PD Document 40-3 Filed 04/10/24 Page 34 of 43 Page ID #:635
November 1, 2021
Page 17 of 24
Exhibit 14
Case 2:23-cv-02155-ODW-PD Document 40-3 Filed 04/10/24 Page 35 of 43 Page ID #:636
Page 18 of 24
Exhibit 14
Case 2:23-cv-02155-ODW-PD Document 40-3 Filed 04/10/24 Page 36 of 43 Page ID #:637
Page 19 of 24
Exhibit 14
Case 2:23-cv-02155-ODW-PD Document 40-3 Filed 04/10/24 Page 37 of 43 Page ID #:638
April 1, 2022
Page 20 of 24
Exhibit 14
Case 2:23-cv-02155-ODW-PD Document 40-3 Filed 04/10/24 Page 38 of 43 Page ID #:639
Page 21 of 24
Exhibit 14
Case 2:23-cv-02155-ODW-PD Document 40-3 Filed 04/10/24 Page 39 of 43 Page ID #:640
Page 22 of 24
Exhibit 14
Case 2:23-cv-02155-ODW-PD Document 40-3 Filed 04/10/24 Page 40 of 43 Page ID #:641
November 3, 2022
December 3, 2022
Page 23 of 24
Exhibit 14
Case 2:23-cv-02155-ODW-PD Document 40-3 Filed 04/10/24 Page 41 of 43 Page ID #:642
January 6, 2023
Page 24 of 24
Exhibit 14
Case 2:23-cv-02155-ODW-PD Document 40-3 Filed 04/10/24 Page 42 of 43 Page ID #:643
EXHIBIT
15
Case 2:23-cv-02155-ODW-PD Document 40-3 Filed 04/10/24 Page 43 of 43 Page ID #:644
Exhibit 15
Case 2:23-cv-02155-ODW-PD Document 40-4 Filed 04/10/24 Page 1 of 19 Page ID #:645
EXHIBIT
16
Case 2:23-cv-02155-ODW-PD Document 40-4 Filed 04/10/24 Page 2 of 19 Page ID #:646
archive.org
2. The Internet Archive is a website that provides access to a digital library of Internet
sites and other cultural artifacts in digital form. Like a paper library, we provide
free access to researchers, historians, scholars, and the general public. The Internet
Archive has partnered with and receives support from various institutions,
including the Library of Congress.
3. The Internet Archive has created a service known as the Wayback Machine. The
Wayback Machine makes it possible to browse more than 450 billion pages stored
in the Internet Archive's web archive. Visitors to the Wayback Machine can search
archives by URL (i.e., a website address). If archived records for a URL are
available, the visitor will be presented with a display of available dates. The visitor
may select one of those dates, and begin browsing an archived version of the Web.
Links on archived files in the Wayback Machine point to other archived files
(whether HTML pages or other file types), if any are found for the URL indicated
by a given link. For instance, the Wayback Machine is designed such that when a
visitor clicks on a hyperlink on an archived page that points to another URL, the
visitor will be served the archived file found for the hyperlink’s URL with the
closest available date to the initial file containing the hyperlink.
4. The archived data made viewable and browseable by the Wayback Machine is
obtained by use of web archiving software that automatically stores copies of files
available via the Internet, each file preserved as it existed at a particular point in
time.
5. The Internet Archive assigns a URL on its site to the archived files in the format
http://web.archive.org/web/[Year in yyyy][Month in mm][Day in dd][Time code in
hh:mm:ss]/[Archived URL] aka an “extended URL”. Thus, the extended URL
http://web.archive.org/web/19970126045828/http://www.archive.org/ would be the
URL for the record of the Internet Archive home page HTML file
(http://www.archive.org/) archived on January 26, 1997 at 4:58 a.m. and 28
seconds (1997/01/26 at 04:58:28). The date indicated by an extended URL applies
to a preserved instance of a file for a given URL, but not necessarily to any other
files linked therein. Thus, in the case of a page constituted by a primary HTML file
and other separate files (e.g., files with images, audio, multimedia, design
elements, or other embedded content) linked within that primary HTML file, the
primary HTML file and the other files will each have their own respective extended
URLs and may not have been archived on the same dates.
6. Attached hereto as Exhibit A are true and accurate copies of screenshots of the
Internet Archive's records of the archived files for the URLs and the dates specified
in the attached coversheet of each printout.
Exhibit 16
Case 2:23-cv-02155-ODW-PD Document 40-4 Filed 04/10/24 Page 3 of 19 Page ID #:647
archive.org
7. I declare under penalty of perjury that the foregoing is true and correct.
April 4, 2023
DATE: ________________________ ________________________
Nathaniel E Frank-White
Exhibit 16
Case 2:23-cv-02155-ODW-PD Document 40-4 Filed 04/10/24 Page 4 of 19 Page ID #:648
EXHIBIT A
Exhibit 16
Case 2:23-cv-02155-ODW-PD Document 40-4 Filed 04/10/24 Page 5 of 19 Page ID #:649
https://web.archive.org/web/20210815132232/https://www.closetsbydesign.com/
Exhibit 16
Case 2:23-cv-02155-ODW-PD Document 40-4 Filed 04/10/24 Page 6 of 19 Page ID #:650
EXHIBIT
17
Case 2:23-cv-02155-ODW-PD Document 40-4 Filed 04/10/24 Page 7 of 19 Page ID #:651
Instagram homepage
Exhibit 17
Case 2:23-cv-02155-ODW-PD Document 40-4 Filed 04/10/24 Page 8 of 19 Page ID #:652
EXHIBIT
18
Case 2:23-cv-02155-ODW-PD Document 40-4 Filed 04/10/24 Page 9 of 19 Page ID #:653
Exhibit 18
Case 2:23-cv-02155-ODW-PD Document 40-4 Filed 04/10/24 Page 10 of 19 Page ID #:654
EXHIBIT
19
Case 2:23-cv-02155-ODW-PD Document 40-4 Filed 04/10/24 Page 11 of 19 Page ID #:655
Meta Report for Closets by Design advertisement campaign for February 2023
Meta Report for Closets by Design advertisement campaign for March 2023
Exhibit 19
Case 2:23-cv-02155-ODW-PD Document 40-4 Filed 04/10/24 Page 12 of 19 Page ID #:656
EXHIBIT
20
Case 2:23-cv-02155-ODW-PD Document 40-4 Filed 04/10/24 Page 13 of 19 Page ID #:657
Page 1 of 7
Exhibit 20
Case 2:23-cv-02155-ODW-PD Document 40-4 Filed 04/10/24 Page 14 of 19 Page ID #:658
Page 2 of 7
Exhibit 20
Case 2:23-cv-02155-ODW-PD Document 40-4 Filed 04/10/24 Page 15 of 19 Page ID #:659
Page 3 of 7
Exhibit 20
Case 2:23-cv-02155-ODW-PD Document 40-4 Filed 04/10/24 Page 16 of 19 Page ID #:660
Page 4 of 7
Exhibit 20
Case 2:23-cv-02155-ODW-PD Document 40-4 Filed 04/10/24 Page 17 of 19 Page ID #:661
Page 5 of 7
Exhibit 20
Case 2:23-cv-02155-ODW-PD Document 40-4 Filed 04/10/24 Page 18 of 19 Page ID #:662
Page 6 of 7
Exhibit 20
Case 2:23-cv-02155-ODW-PD Document 40-4 Filed 04/10/24 Page 19 of 19 Page ID #:663
Page 7 of 7
Exhibit 20
Case 2:23-cv-02155-ODW-PD Document 40-5 Filed 04/10/24 Page 1 of 18 Page ID #:664
EXHIBIT
21
Facebook https://www.facebook.com/
Case 2:23-cv-02155-ODW-PD Document 40-5 Filed 04/10/24 Page 2 of 18 Page ID #:665
Exhibit 21
2 of 6 2/21/2023, 9:01 AM
Case 2:23-cv-02155-ODW-PD Document 40-5 Filed 04/10/24 Page 3 of 18 Page ID #:666
Exhibit 21
Case 2:23-cv-02155-ODW-PD Document 40-5 Filed 04/10/24 Page 4 of 18 Page ID #:667
EXHIBIT
22
Case 2:23-cv-02155-ODW-PD Document 40-5 Filed 04/10/24 Page 5 of 18 Page ID #:668
Screenshots of
1. Closets by Design adversement from Ballard Facebook on March 6, 2023 and the
2. Hyperlinked Closets by Design Terms and Condions on March 6, 2023
Exhibit 22
Case 2:23-cv-02155-ODW-PD Document 40-5 Filed 04/10/24 Page 6 of 18 Page ID #:669
Screenshots of
1. Closets by Design Adversement from Ballard Instagram on March 6, 2023 and the
2. Hyperlinked Closets by Design Terms and Condions on March 6, 2023
Exhibit 22
Case 2:23-cv-02155-ODW-PD Document 40-5 Filed 04/10/24 Page 7 of 18 Page ID #:670
EXHIBIT
23
Case 2:23-cv-02155-ODW-PD Document 40-5 Filed 04/10/24 Page 8 of 18 Page ID #:671
Screenshots of
1. Closets by Design adversement from Ballard Facebook on March 13, 2023 and the
2. Hyperlinked Closets by Design Terms and Condions on March 13, 2023
Exhibit 23
Case 2:23-cv-02155-ODW-PD Document 40-5 Filed 04/10/24 Page 9 of 18 Page ID #:672
Screenshots of
1. Closets by Design adversement from Ballard Instagram on March 13, 2023 and the
2. Hyperlinked Closets by Design Terms and Condions on March 13, 2023
Exhibit 23
Case 2:23-cv-02155-ODW-PD Document 40-5 Filed 04/10/24 Page 10 of 18 Page ID #:673
EXHIBIT
24
Case 2:23-cv-02155-ODW-PD Document 40-5 Filed 04/10/24 Page 11 of 18 Page ID #:674
archive.org
2. The Internet Archive is a website that provides access to a digital library of Internet
sites and other cultural artifacts in digital form. Like a paper library, we provide
free access to researchers, historians, scholars, and the general public. The Internet
Archive has partnered with and receives support from various institutions,
including the Library of Congress.
3. The Internet Archive has created a service known as the Wayback Machine. The
Wayback Machine makes it possible to browse more than 450 billion pages stored
in the Internet Archive's web archive. Visitors to the Wayback Machine can search
archives by URL (i.e., a website address). If archived records for a URL are
available, the visitor will be presented with a display of available dates. The visitor
may select one of those dates, and begin browsing an archived version of the Web.
Links on archived files in the Wayback Machine point to other archived files
(whether HTML pages or other file types), if any are found for the URL indicated
by a given link. For instance, the Wayback Machine is designed such that when a
visitor clicks on a hyperlink on an archived page that points to another URL, the
visitor will be served the archived file found for the hyperlink’s URL with the
closest available date to the initial file containing the hyperlink.
4. The archived data made viewable and browseable by the Wayback Machine is
obtained by use of web archiving software that automatically stores copies of files
available via the Internet, each file preserved as it existed at a particular point in
time.
5. The Internet Archive assigns a URL on its site to the archived files in the format
http://web.archive.org/web/[Year in yyyy][Month in mm][Day in dd][Time code in
hh:mm:ss]/[Archived URL] aka an “extended URL”. Thus, the extended URL
http://web.archive.org/web/19970126045828/http://www.archive.org/ would be the
URL for the record of the Internet Archive home page HTML file
(http://www.archive.org/) archived on January 26, 1997 at 4:58 a.m. and 28
seconds (1997/01/26 at 04:58:28). The date indicated by an extended URL applies
to a preserved instance of a file for a given URL, but not necessarily to any other
files linked therein. Thus, in the case of a page constituted by a primary HTML file
and other separate files (e.g., files with images, audio, multimedia, design
elements, or other embedded content) linked within that primary HTML file, the
primary HTML file and the other files will each have their own respective extended
URLs and may not have been archived on the same dates.
6. Attached hereto as Exhibit A are true and accurate copies of screenshots of the
Internet Archive's records of the archived files for the URLs and the dates specified
in the attached coversheet of each printout.
Exhibit 24
Case 2:23-cv-02155-ODW-PD Document 40-5 Filed 04/10/24 Page 12 of 18 Page ID #:675
archive.org
7. I declare under penalty of perjury that the foregoing is true and correct.
Exhibit 24
Case 2:23-cv-02155-ODW-PD Document 40-5 Filed 04/10/24 Page 13 of 18 Page ID #:676
EXHIBIT A
Exhibit 24
Case 2:23-cv-02155-ODW-PD Document 40-5 Filed 04/10/24 Page 14 of 18 Page ID #:677
https://web.archive.org/web/20210804005028/https://www.closetworld.com/
Exhibit 24
Case 2:23-cv-02155-ODW-PD Document 40-5 Filed 04/10/24 Page 15 of 18 Page ID #:678
EXHIBIT
25
Case 2:23-cv-02155-ODW-PD Document 40-5 Filed 04/10/24 Page 16 of 18 Page ID #:679
Exhibit 25
Case 2:23-cv-02155-ODW-PD Document 40-5 Filed 04/10/24 Page 17 of 18 Page ID #:680
Exhibit 25
Case 2:23-cv-02155-ODW-PD Document 40-5 Filed 04/10/24 Page 18 of 18 Page ID #:681
Notes:
1. OAC – On Approved Credit
2. April 31 is not a date on the calendar
3. Addi onal ad on web page – 2 Year Same as Cash Financing – Ad runs from April, 2020 thru June, 2020. Direct conflict with 18 month ad on same page
4. Addi onal ad on web page – 12 Month Same as Cash Financing – Ad runs from February 2021. Direct conflict with 18 month ad on same page
Exhibit 25